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Home My WebLink About05/31/2010• ~~ Energizing Ontario DATE: MONDAY, MAY 31, 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 May 10, 2010 PRESENTATIONS a) Stu Seedhouse, Senior Vice President, OPG Darlington Nuclear -Annual Update DELEGATIONS (List as of Time of Publication) a) Bob Kreasul -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek (Unfinished Business #1) b) Linda Gasser -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 (Staff Report #1) c) Libby Racansky -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 (Staff Report #1) COMMUNICATIONS Receive for Information I - 1 Minutes of the Living Green Community Advisory Committee dated November 24, 2009 and March 23, 2010 I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 15, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2 - May 31, 2010 I - 3 Minutes of the Clarington Accessibility Advisory Committee dated May 5, 2010 I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 16, 2010 I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 11, 2010 I - 6 Minutes of the Task Force for Attracting Higher Education Facilities dated May 6, 2010 I - 7 Minutes of the Central Lake Ontario Conservation Authority dated May 18, 2010 I - 8 Minutes of the Clarington Agricultural Advisory Committee dated April 8, 2010 - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Places to Grow Act. 2005 I - 10 Leesa Yenning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association -Municipal Grant I - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA) - CLOCA's 2010 Budget I - 12 Clifford Curtis, P.Eng., Commissioner of Works, Region of Durham - Reconstruction of Liberty Street from Baseline Road to King Street East I - 13 P. Madill, Regional Clerk, Regional Municipality of Durham - By-law to Submit a Question to the electors of the Regional Municipality of Durham I - 14 Jim Chan, Project Manager, Canadian Environmental Assessment Agency - Proposed Highway 407 East Transportation Corridor; Participant Funding for the Comprehensive Study under the Canadian Environmental Assessment Act I - 15 Glenna Carr, Chair of the Board, Atomic Energy of Canada Limited (AECL) - Letter of Appreciation Receive for Direction D - 1 Tracylynn Hu, Program Coordinator, Heart & Stroke Foundation -Durham Region - Big_Bike Fundraising Event -June 22, 2010 D - 2 Mark Cousins, Chair, Ontario Family Fishing Weekend Steering Committee - Ontario Family Fishing Week D - 3 Derrick Mckay, Race Director, Courtice Kids Multisport Series - "Courtice Kids of Steel Triathlon" Council Agenda - 3 - May 31, 2010 D - 4 .Newcastle Business Improvement Area -Request for Road Closure for "Canada Then and Now" Celebration D - 5 Hanna Huxter -Condition of Railway Fencing on Waverly Road D - 6 Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible for Seniors -Annual Senior Achievement.Awards D - 7 Rev. Paul Massel, Pastor, St. Joseph's Parish -Request for Exemption from Noise By-law and Request for Road Closure for Parish Mass and Picnic D - 8 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration - Ontario Medal for Good Citizenship D - 9 Linda Duffie, Lions Club of Bowmanville - 15~' Annual Duck Derby D - 10 Libby Racansky -Request for Correction of Resolution Regarding Regional Official Plan #128 and Clarification of Announcement regarding Friends of the Farewell Dinner D -11 Mayor Rick Bonnette, Town of Halton Hills -Statistics Canada Rural Research Group - A Critical Support for Rural Sustainability D - 12 Mike Galloway, Clerk & Deputy CAO, Corporation of the Township of Essa - Private Member's Bill 13 D - 13 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock -Generic Drug Costs COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of May 17, 2010 STAFF REPORT(S) 1. Report PSD-067-10 -.Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS 1. Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek (Tabled by Council on May 10, 2010) Council Agenda - 4 - May 31, 2010 2. Resolution #C-210-10 -Use of Advertising Space on the New Municipally- Owned Van Used for Clarington Older Adults Association Purposes (Tabled by Council on May 10, 2010) BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT I.eadingtheWay COUncil Meeting Minutes May 10, 2010 Minutes of a regular meeting of Council held on May 10, 2010 at 7:00 p.m., in the Council Chambers. Councillor Foster 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, attended until 8:27 p.m. Director of Community Services, J. Caruana, attended until 8:27 p.m. Solicitor, D. Hefferon Director of Operations, F. Horvath, attended until 8:27 p.m. Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano, attended until 8:27 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:27 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:27 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:27 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Novak announced the following: • On Wednesday, May 5, 2010, she was a reader at St. Elizabeth Catholic Elementary School as part of "Education Week". • She also attended. the new Bons Avenue school ground-breaking ceremony with Councillor Hooper. Council Meeting Minutes - 2 - May 10, 2010 • On Thursday, May 6, 2010, the Clarington Living Green Community Advisory Committee held an open house to bring the Community Strategy to the public. The event was well attended. Councillor Hooper announced the following: He thanked Councillor Novak for permitting him to speak at the Bons Avenue School during "Education Week" and was also involved in Reading Week with students and was asked some very interesting questions. The Lions Club of Bowmanville will be celebrating their 75th Anniversary this Saturday, May 15, 2010, at the Clarington Beech Centre. Resolution #C-189-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on April 26, 2010, be approved. "CARRIED" PRESENTATIONS There were no Presentations scheduled for this meeting. DELEGATIONS Lynn Helpard addressed Council on behalf of his wife Patricia Stephenson, Bob and Daniele Stephenson, Garthwood Homes Limited and Glenn Genge, Project Director, D. G. Biddle and Associates Limited concerning Unfinished Business #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. Mr. Helpard stated the applicants believe the staff report is very thorough, very well written and covers all items of concern raised during the process, and that he was here to hopefully witness the approval of the application and the start of the appeal process. Mr. Helpard concluded by stating this process has often been a long, frustrating and taxing exercise for the applicants and they are grateful for being at the point of approval this evening. Council Meeting Minutes - 3 - May 10, 2010 Bob Kreasul addressed Council concerning Staff Report # 1 -Report CAO-004-10 - Dredging of Bowmanville Creek stating he is disappointed that the staff report did not address the issue. Mr. Kreasul feels that parking has nothing to do with dredging and that all they were asking is for the municipality to pay their fair share of the dredging costs and that anything to do with the boat launch is a secondary item. Mr. Kreasul expressed concern that dredging needs to be done now as boats are plowing as they go through the channel. He stated that in previous meetings he has presented the fact that there are many charter boats, local boats and visitors generating substantial revenue for the entire area. Mr. Kreasul feels that the Municipality of Clarington has a "diamond in the rough" that needs attention and that no other facility has the opportunity to provide the extent of revenue generated by the harbour. COMMUNICATIONS Correspondence Item I - 9 was received as a hand-out. Resolution #C-190-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, including hand-out Correspondence Item I - 9, with the exception of Item I - 3. "CARRIED" 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, 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 - 4 J. Paul Johnson, President, Ontario Good Roads Association, OGRA, advising that OGRA and the Ministry of Transportation have entered into an agreement to provide provincial funding to 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, Council Meeting Minutes - 4 - May 10, 2010 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. - 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 Durham Region area municipalities, York Region and area municipalities, City of Toronto, Toronto Region Conservation Authority and the Toronto Zoo." - 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." Council Meeting Minutes - 5 - 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. I - 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. 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.leadershipavvards.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. 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 in spreading the banners across Ontario; and, hoping that the Municipality will continue this display. Council Meeting Minutes - 6 - May 10, 2010 Resolution #C-191-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT Correspondence Item I - 3 be referred to staff to provide a report on the ways and means the Municipality of Clarington can participate, financially and in-kind, with.the displaying of the "Supporting Our Troops" banners; and THAT staff prepare an inventory of the current number of banners, their condition and replacement costs. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Items D - 7 and D - 8 were received as hand outs. Resolution #C-192-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 5 and hand out Correspondence Item D - 8 be approved as per the agenda, with the exception of Correspondence Items D-3and D-8. "CARRIED" D - 1 Shari Lovelock, Director of Development, Central Region CNIB, advising. that CNIB has declared the month of May as 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. (Proclaimed) 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. (Proclaimed) Council Meeting Minutes - 7 - May 10, 2010 D - 4 James Hale requesting to address Council to discuss settlement opportunities regarding litigation between Newcastle Recycling Ltd. and the Municipality of Clarington. (Correspondence referred 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". (Proclaimed) 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. Resolution #C-193-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Correspondence Item D - 3, from Robert K. Weafer, Paralegal, with respect to operation of a Physically Disabled Passenger Vehicle (PDP) be referred to the Municipal Clerk. "CARRIED" 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): Council Meeting Minutes - 8 - May 10, 2010 "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 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, 201.0 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." Resolution #C-194-10 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the City of Pickering, with respect to Endorsement of Private Members' Bill 18 (Local Democracy and Accountability) be received for information. "CARRIED" D - 7 Allan 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. Council Meeting Minutes - 9 - May 10, 2010 Resolution #C-195-10 Moved by Councillor Robinson, seconded by Councillor Woo WHEREAS Joseph E. Atkinson was born in the Village of Newcastle in 1865 and became the publisher of The Toronto Star from 1899 to 1948; and WHEREAS Mr. Atkinson possessed a zealousness for social and economic justice which was founded in the village in which he grew up; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON HEREBY requests the Regional Municipality of Durham to amend their street naming by-law by adding the name "Joseph Atkinson" to the list of available street names for the Village of Newcastle. "CARRIED" 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 to Clarington Toyota for the purchase of the minivan. Resolution #C-196-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the release of all funds within the Older Adult Capital Reserve Account be approved; and, that the Purchasing By-law be waived to facilitate the Clarington Older Adult Association's purchase of a passenger minivan from Clarington Toyota. "CARRIED" Council Meeting Minutes - 10 - May 10, 2010 COMMITTEE REPORT(S) Report #1 -General Purpose and Administration Committee Report May 3, 2010. Resolution #C-197-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 3, 2010 be approved, with the exception of Items #20 and #22. "CARRIED" Item 20 Resolution #C-198-10 Moved by Councillor Woo, seconded by Councillor Foster WHEREAS Procedural By-Law # 2007-227 Subsection 9.6 addresses the conduct of delegations and presenters, specifically it does not allow individuals making representation to Council or GPA to speak disrespectfully of any person, use offensive words; and WHEREAS at a Public Meeting held at a Council Meeting of Monday, April 26, 2010, a delegate was challenged by the Mayor for the use of a word "bully", when referencing the Durham Regional Chair; and WHEREAS the delegation was not allowed to continue as the delegate would not rescind his comment which was interpreted by the Mayor, as Head of Council, to be speaking disrespectfully of the Durham Regional Chair: and WHEREAS the same individual made the same comment about the Durham Regional Chair in a delegation to Council April 5, 2008 and was banned from the Council Chambers until an apology was received from the delegate; and WHEREAS the Canadian Civil Liberties Association was enlisted by the delegate as an issue of Freedom of Speech entrenched in the Charter of Rights and Freedom; and WHEREAS by unanimous vote of Council March 2, 2009 the ban from the Council Chambers was lifted; and WHEREAS the circumstances are no different than previous and the outcome this time may be no different; and Council Meeting Minutes - 11 - May 10, 2010 THEREFORE, this Council extend a formal apology to the delegate, Mr. Jim Richards, for interrupting his delegation and he be allowed to complete his delegation at the next meeting of Council "MOTION LOST ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecunia Interest Absent Councillor Foster / Councillor Hoo er / Councillor Novak / Councillor Robinson / Councillor Woo / Councillor Trim / Ma or Aberneth / Resolution #C-199-10 Moved by Councillor Robinson, seconded by Councillor Novak 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. "CARRIED" Item 22 Resolution #C-200-10 Moved by Councillor Robinson, seconded by Councillor Novak 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. "CARRIED" Council Meeting Minutes - 12 - May 10, 2010 STAFF REPORT(S) Resolution #C-201-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report CAO-004-10 -Dredging of the Bowmanville Creek be referred to the 2011 budgetary process for discussion of available options. "MOTION TABLED" (See Following Motion) Resolution #C-202-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C-201-10 be tabled until the next Council Meeting. "CARRIED" Resolution #C-203-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Staff Report #2 -Confidential Verbal Report of the Solicitor concerning Newcastle Recycling be referred to the end of the agenda to be considered during a "closed" session of Council. "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-204-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-057-10 be lifted from the table. "CARRIED" Council Meeting Minutes - 13 - May 10, 2010 Resolution #C-205-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-057-10 be received; THAT the application for proposed Clarington Official Plan Amendment, COPA 2007- 0014, submitted by Patricia Stephenson, Robert & Daniele Stephenson, and Garthwood Homes Limited, be approved as per Attachment 2 and the by-law attached to Report PSD-057-10 to adopt Amendment No. 74 be approved; THAT the Foster Northwest Neighbourhood Design Plan as contained in Attachment 3 to Report PSD-057-10 be received; 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 THAT all interested parties listed in Report PSD-057-10 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-206-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report EGD-016-10 be lifted from the table. "CARRIED" Resolution #C-207-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report EGD-016-10 be received; THAT the recommendations within Report EGD-016-10 be endorsed; 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 Council Meeting Minutes - 14 - May 10, 2010 THAT a copy of Report EGD-016-10 be forwarded to the Commissioner of Works, Region of Durham. "CARRIED" BY-LAWS Resolution #C-208-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-051 to 2010-056; 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 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) 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.) 2010-055 Being a by-law to establish a Clarington Municipal Election Compliance Audit Committee for the 2010-2014 Term 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; and 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 Foster recognized Dennis Hefferon, Solicitor, for his many years of service with the Municipality. Tonight's meeting is Mr. Hefferon's last meeting. Council Meeting Minutes - 15 - May 10, 2010 Mayor Abernethy concurred with Councillor Foster's comments and expressed appreciation to Mr. Hefferon, on behalf of Council, for his advice and efforts on behalf of Clarington over the years. Councillor Robinson questioned whether the Municipality has a policy in place that would prevent the Clarington Older Adults Association from accepting donations to offset the cost of the new van, particularly their fundraising efforts with respect to placing corporate logos on the new van. The Director of Corporate Services and Human Resources stated there is no policy that prevents the COAA from receiving donations for the acquisition of capital property. She stated the difficulty however, is that if there is solicitation for any advertising it must go through a competitive process for anyone to have the ability to advertise and if approved by Council, be subject to the requirements of the purchasing by-law. The Director of Corporate Services and Human Resources confirmed that advertising on vehicles has never been specifically approved. Resolution #C-209-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the rules of procedure be suspended to permit the introduction of a motion concerning advertising on the Clarington Older Adults Association van. "CARRIED" Resolution #C-210-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Clarington Older Adults Association Board be authorized to proceed through the Municipal purchasing process to invite proposals regarding use of advertising space on the newly acquired Municipal van being utilized for COAA purposes; THAT the proposals be secured in a competitive manner and in accordance with the regulations and standards set by the Canadian Advertising Council and the Municipality of Clarington; and THAT if the opportunity results in advertising revenue, it will be considered operating revenue of the COAA Board to be used as part of their annual operating income. "MOTION TABLED" (See Following Motion) Council Meeting Minutes - 16 - May 10, 2010 Resolution #C-211-10 Moved by Councillor Trim, seconded by Councillor Woo THAT the foregoing Resolution #C-210-10 be tabled until the next Council meeting. "CARRIED" Resolution #C-212-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing two matters that deal with. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "CARRIED" The meeting resumed in open session at 9:30 p.m. The Mayor advised that two items were discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed to provide direction to staff. Resolution #C-213-10 Moved by Councillor Foster, seconded by Councillor Woo THAT Correspondence Item D - 4 from James Hale, regarding a legal matter, be received for information. "CARRIED" Resolution #C-214-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Resolution #C-207-10 be reconsidered. "MOTION LOST" Council Meeting Minutes - 17 - May 10, 2010 CONFIRMING BY-LAW Resolution #C-215-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-057, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 10th day of May, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-216-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:32 p.m. "CARRIED" MAYOR MUNICIPAL CLERK DRAFT LIST OF DELEGATIONS May 31, 2010 a) Bob Kreasul -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek (Unfinished ,Business #1) b) Linda Gasser -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 (Staff Report #1) c) Libby Racansky -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 (Staff Report #1) SUMMARY OF CORRESPONDENCE May 31, 2010 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Living Green Community Advisory Committee dated November 24•, 2009 and March 23, 2010. (Copies attached) I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 15, 2010. (Copy attached) I - 3 Minutes of the Clarington Accessibility Advisory Committee dated May 5, 2010. (Copy attached) I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 16, 2010. (Copy attached) I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 11, 2010. (Copy attached) I - 6 Minutes of the Task Force for Attracting Higher Education Facilities dated May 6, 2010. (Copy attached) I - 7 Minutes of the Central Lake Ontario Conservation Authority dated May 18, 2010. (Copy attached) I - 8 Minutes of the Clarington Agricultural Advisory Committee dated April 8, 2010. (Copy attached) I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Brad Duguid, Minister of Energy and Infrastructure, and the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, advising that on May 12, 2010, Regional Council endorsed Council's resolution of April 12, 2010, requesting the Province to grant an extension of the June 16, 2010, deadline to June 10, 2011, to amend the Clarington Official Plan to conform with the Growth Plan. I - 10 Leesa Yenning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association, writing on behalf of the Making Connections Clarington Resource Centre, the Advisory Committee, volunteers and staff, expressing appreciation to Council for their support and approval of a Municipal Grant in the amount of $1,000. Summary of Correspondence - 2 - May 31, 2010 I - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding CLOCA's 2010 budget as approved by the Board of Directors on April 20, 2010. - 12 Clifford Curtis, P.Eng., Commissioner of Works, Region of Durham, responding to Council's correspondence of May 10, 2010, requesting the Region to reprioritize their Capital Works project to include the total reconstruction of Liberty Street rather than interim surface condition improvements; indicating that there is no opportunity to advance the reconstruction to this year's construction season and that the Region will examine the priority for the Liberty Street reconstruction as part of their 2011 Road Servicing and Financing Study; and, advising that the Region will be proceeding with improvements to the surface of Liberty Street as an interim. measure. I - 13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising that on April 21, 2010, Regional Council adopted By-law 20-2010, being a by-law to submit a question to the electors in all lower-tier municipalities in the Regional Municipality of Durham at the next regular municipal election to be held on October, 25, 2010; attaching a copy of By-law 20-2010; and, indicating one appeal has been received and will be forwarded to the Chief Electoral Officer by June 3, 2010. I - 14 Jim Chan, Project Manager, Canadian Environmental Assessment Agency, advising $25,000 is available under the Agency's Participation Funding Program to assist groups or individuals (i.e. non-municipal) in participating in the Federal Environmental Assessment of the proposed Highway 407 East Transportation Corridor Project. The Participant Funding Program Guide, the application form and the contribution agreement are available on the Agency's Web site at www.ceaa-acee.ac.ca. Applications received by June 23, 2010, will be considered. I - 15 Glenna Carr, Chair of the Board, Atomic Energy of Canada Limited (AECL), expressing appreciation to Mayor Abernethy, on behalf of the members of the Science, Technology and Nuclear Oversight Committee of AECL's Board of Directors, for meeting with them and sharing the Municipality's perspective on the history and recent developments in the area, including Port Granby, and how these important projects are unfolding in the two areas affected. Summary of Correspondence - 3 - May 31, 2010 CORRESPONDENCE FOR DIRECTION D - 1 Tracylynn Hu, Program Coordinator, Heart & Stroke Foundation - Durham Region, requesting permission to hold their annual Heart and Stroke Big Bike Fundraising Event on Tuesday, June 22, 2010, from the host site at Kelsey's Restaurant; enclosing the route map; and, advising they will provide proof of insurance and will apply for a road occupancy. permit following Council approval. (Motion to approve provided the organizer's apply for and obtain a Road Occupancy Permit from the .Engineering Services Department) D - 2 Mark Cousins, Chair, Ontario Family Fishing Weekend Steering Committee, advising the annual Ontario Family Fishing Weekend has now become anine-day event to run from Saturday, July 3 through to Sunday, July 11, 2010, as a licence-free fishing. week; indicating the event will include fish festivals, clinics, or conservation and educational activities that may be held in the area; and, requesting that July 3 to July 11, 2010, be proclaimed "Ontario Family Fishing Week". (Motion to Proclaim) D - 3 Derrick Mckay, Race Director, Courtice Kids Multisport Series, advising that the "Courtice Kids of Steel Triathlon" is planned for Sunday, August 22, 2010; requesting permission for road closure status on Nash Road and Green Road from 9:00 a.m. to 11:30 a.m.; indicating they will be providing insurance coverage of up to $5 million; and, that appropriate road closure permits for Courtice Road will be obtained from the Region of Durham. (Motion to approve provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Newcastle Business Improvement Area requesting the closure of Church Street from King Avenue to Emily Street on June 26, 2010, from 9:00 a.m. until 4:00 p.m. for the celebration of "Canada Then and Now". (Motion to approve provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence - 4 - May 31, 2010 D - 5 Hanna Huxter, expressing concern with the condition of railway fencing along Waverly Road that is permitting teenagers to trespass on the rail line; and, requesting that repair of the fencing be addressed to avoid potential injuries or fatalities. (Motion to refer correspondence to the Director of Engineering Services) D - 6 Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible for Seniors, advising nominations are being accepted for the annual Senior Achievement Awards, awards highlighting the significant voluntary and professional achievements made by individuals after they have reached the age of 65; and, encouraging Council to participate in the 2010 Senior Achievement Award Program by nominating a deserving senior. Nomination forms for The Senior Achievement Award Program are available at www.ontario.ca/honoursandawards and are due by June 15, 2010. (Motion to refer correspondence to the Municipal Clerk to place information on the Municipal website) D - 7 Rev. Paul Massel, Pastor, St. Joseph's Parish, requesting an exemption from the noise by-law and permission to close Parkway Crescent beginning at Liberty Street from 10:00 a.m. until 3:00 p.m. on Sunday, June 20, 2010, to hold a parish mass and picnic. (Motion to approve an exemption to the curfew requirements contained in Clarington Noise By-law 2007-071 to St. Joseph's Parish; and, that the road closure be approved provided the organizer's apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 8 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at www.citizenship.gov.on.ca/ or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 20010. (Motion to refer correspondence to the Municipal Clerk to place information on the Municipal website) .Summary of Correspondence - 5 - May 31, 2010 D - 9 Linda Duffie, Lions Club of Bowmanville, requesting permission to hold the 15th Annual Duck Derby on June 19, 2010, from 9:30 a.m. until 2:00 p.m. This year the event will not require Clarington Works front-end loader or the police and proof of insurance has been delivered to Ron Baker, Engineering Services Department. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 10 Libby Racansky requesting that Paragraph 7 of Resolution #C-158-1.0 concerning the Growth Plan for the Greater Golden Horseshoe adopted by Council on April 12, 1010, be corrected to change reference to "special policy areas" to "special study areas"; and requesting clarification of Councillor Novak's announcement concerning attendance at a "Friends of the Farewell" dinner on April 22, 2010, as Ms. Racansky is a member of the "Friends of the Farewell" and is not aware of any event taking place that evening. (Motion for Direction) D - 11 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on May 12, 2010, the Town of Halton Hills adopted the following resolution pertaining to Statistics Canada Rural Research Group - A Critical Support for Rural sustainability: "WHEREAS Statistics Canada has recently decided to terminate funding for its Rural Research Group; WHEREAS the Rural Research Group has provided essential capacity and expertise to the Government of Canada and other rural stakeholders including municipalities on rural policy issues, and is unique in the federal government in its ability to provide the data and analysis needed to support a comprehensive agenda on rural sustainability; WHEREAS rural communities need an enduring commitment from the Government of Canada to ensure that rural priorities receive the sustained resources and attention they require; WHEREAS FCM's 2009 report, Wake Up Call: The National Vision and Voice We Need for Rural Canada, calls for a rural champion in Cabinet, who will require exactly the type of research capacity provided by the Rural Research Group in order to coordinate and maximize federal support for rural sustainability; Summary of Correspondence - 6 - May 31, 2010 BE IT RESOLVED THAT the Town of Halton Hills urges the Government of Canada to reverse its decision to terminate funding for the Rural Research Group, as a first step toward a more comprehensive federal approach to supporting rural sustainability. AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Federation of Canadian Municipalities for immediate circulation to Municipalities for their support. AND BE IT FURTHER RESOLVED THAT this resolution be placed as an emergency resolution for discussion and adoption at the 2010 FCM AGM. AND BE IT FURTHER RESOLVED THAT the Hon Michael Chong, MP Wellington Halton Hills be so advised as well as all member Municipalities of the greater Toronto Area Countryside Mayors Alliance and Halton area Municipalities." (Motion for Direction) D - 12 Mike Galloway, Clerk & Deputy CAO, Corporation of the Township of Essa advising Council that on May 5, 2010, the Township of Essa adopted the following resolution pertaining to Private Member's Bill 13: "WHEREAS Private Member's Bill 13, being an Act to sustain and encourage improvement in Ontario's water and wastewater services and to establish the Ontario Water Board passed 1St Reading on March 23, 2010 in the Provincial Legislature; and WHEREAS Bill 13 shall require regulated entities that provide water services or wastewater services to fewer than 10,000 customers to amalgamate those services with the services of one or more other regulated entities if they determine that it is possible to do so, or if they are directed to do so by the Minister; and WHEREAS it appears that many of the municipalities in this area have incurred significant debt and long term loans for the upgrading or expansion of water and wastewater projects in their respective municipalities; and Summary of Correspondence - 7 - May 31, 2010 WHEREAS the Township of Essa's water and wastewater customers should not have to pay towards any significant debts and long term loans that have been incurred by other municipalities for the upgrading and expansion of such infrastructure facilities in those municipalities if we are required to amalgamate our water and wastewater services with one or more of these municipalities; and WHEREAS the Township of Essa has already planned, upgraded and/or expanded our water and wastewater facilities to meet Provincial Regulations including to accommodate growth in our municipality over the next 25 year period by using development charges, reserves, a portion of user rates and other sources of revenue without the need to incur significant and.long term debt for such purposes; and WHEREAS the Township of Essa has proven that it can operate and maintain its water and wastewater facilities in compliance with provincial Regulations and is committed to doing so in the future and many other lower tier municipalities in the Province may be in a similar position; NOW THEREFORE BE IT RESOLVED THAT the Province and Mr. David Caplan, M.P.P., be advised that the Township of Essa does not support the enactment of Private Member's Bill 13 and a copy of this resolution be forwarded to Mr. Jim Wilson, M.P.P. and to all municipalities in the Province of Ontario." (Motion for Direction) D - 13 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to the Honourable Deborah Matthews, Minister of Health & Long-Term Care, advising that on April 19, 2010, the Township of Brock adopted the following resolution pertaining to generic drug costs: "WHEREAS negotiations are currently underway between the Ministry of Health and the Association of Pharmacies of Ontario regarding generic drug costs; AND WHEREAS small town pharmacies such as those existing in Brock Township may be threatened by the result of these negotiations; Summary of Correspondence - 8 - May 31, 2010 THEREFORE, the Township of Brock urges the Minister of Health to resolve these negotiations in a manner that protects the small town pharmacies for the better health of their residents." (Motion for Direction) Municipality of Clarington Living ~reeln ~' ~, .~ .-~~~. Community Advisory Committee Committee Members Present: 1. Amy Burke 2. Ron Collis 3. Vanessa Hughes 4. Douglas Holdway 5. Mary Novak 6. Elva Reid I-1 Approved March 23, 2010 MINUTES November 24, 2009. 7. Cathrine McKeever Staff Present: Lisa Backus Regrets: Bill Cawker, Madison Stange, Gordon Johnston, Dave Clark, Jonathan Wheatle, Jim Abernethy A enda Item Discussion Action Opening Remarks Chair introduced our new Community Representative Cathrine McKeever Minutes - Brief discussion. Motion to approve by Mary, seconded by Motion to approve by September 2009 Elva. Mary, seconded by Elva. DSEA Forum Several members attended. Brief Discussion JW to provide October 1, 2009 further comments to the committee at Jan. meetin . Official Plan 1. Let's Have a Discussion...lmproving our Built Submit comments Review Environment and the Planning Process. Lisa provided re: Disc Paper (1) to an update and summary of the document. Lisa/Amy for 2. Growth Management Discussion Paper. Lisa provided consolidation and a summary. Discussion ensued. then into a resolution to Council. draft Green Update provided for new members. Draft of the Green 1. Committee to Strategy Strategy has been prepared. Discussions regarding: review draft paper • Need for a framework for the concept paper to and email present the draft Green Strategy comments to • Release of paper in early 2010 Amy/Lisa. • What type of meeting to host (attend other service 2. Amy, Elva, Lisa & group meetings such as (COAA, Visual Arts, Carlos to meet CBOT, Heritage Committee, Agriculture Advisory, prepare a draft Youth) public consultation • Communications strategy to be prepared. strategy for the launch of the Green Strategy concept a er. Subcommittee No discussion from any subcommittee. U date Final Page 1 of 2 A enda Item Discussion Action Green Challenge Chair provided an update. Veridian and OPG involved 1. The GCAC again this year(GCAC is not.) Communications supports the Subcommittee will assist Channel 12 with preparation of Green Challenge .Green Tips, in exchange, Channel 12 will continue to idea. promote the GCAC by using of the committees logo on air. 2. Amy to follow GCAC logo will be shown on one of the commercials in up. exchange for the help with Tips. May be future opportunity for a First Take Live interview with Dan Carter. Questions as to why the commercials have been removed from the GCAC website. Other Business Discussion re ardin u date to council. Am and staff. Motion to ad'ourn b Ma , seconded b Vanessa. Carried Final Page 2 of 2 Green Community Advisory Committee Committee Members Present: 1. Amy Burke 2. Ron Collis 3. Vanessa Hughes 4. Douglas Holdway 5. Mary Novak 6. Elva Reid 7. Cathrine McKeever 8. Bill Cawker APPROVED April 27, 2010 MINUTES March 23, 2010 9. Gordon Johnston 10. Eryn Wishnowski Staff Present: Lisa Backus Regrets: Jonathan Wheatle, Jim Abernethy A enda Item Discussion Action O enin Remarks Am ave o enin remarks Minutes - Brief discussion. Motion to approve by Bill, seconded by Motion to approve November 2009 Elva. by Bill, seconded by Elva. Correspondence 1. Power Pledge. Eryn advised the committee that Further discussion Veridian has a team of students that may be able to at April meeting. assist with taking the Power Pledge message to some Committee to events in partnership with the Committee. Perhaps investigate possible there is an opportunity to use First Take live with Dan events including Carter to promote the Power Pledge Campaign. dates to promote 2. Recd Green Energy Act memorandum. Lisa gave Power Pledge. overview of the Le islation and rocess. DSEA Forum Gordon gave a quick update and remarks about the October 1, 2009 session. Earth Hour Media Release was issued. Mary brought the motion up at Follow-up news Subcommittee Council. release to be re ared. Planning Lisa announced that the Province released a draft decision Subcommittee regarding ROPA 128, the Region's Growth Plan conformity exercise. Clarington cannot proceed with their conformity exercise until the Re ion's amendment has been finalized. draft Green Extensive discussions regarding: Committee to send Strategy Strategy overview final comments on • Decision to present the draft Strategy to Council and Draft for inclusion. seek permission to release it to the public for comment. Lisa to prepare • Amy to present the draft Green Strategy to Council on presentation for April 12, 2010 Amy for Council. • What type of meeting to host, possible drop-in session. See attached • Possible use of Channel 12, Elaine Garnet's help and Workplan motion. First Take Live for this too. Other Business Possible collaboration with the Durham Astronomical Amy to follow up. Societ . Motion to ad'ourn b Ma , seconded b Vanessa. Carried Final March 10 Minutes.docMarch 23, 2010 Page 1 of 2 Green Strategy Work plan Motion 1. Chair to make a Delegation to Council (Upcoming Council Meetings April 12, 2010) a. Comments to include: i. success of 2009 work plan ii. Work plan for 2010 iii. Seeking permission to take the draft strategy to the public for their review and comment 2. Release document via website, libraries, posters, CBOT, community groups via the committee represents 3. Host Public Meeting -General Public -hosted by committee, supported by Staff 4. Revise document as necessary to create Draft Green Strategy Plan. 5. Release Green Strategy 6. From the Action Plan - 3-5 actions for the Committee to focus on in the short term Motion to support the Proposed Green Strategy Work Plan by: Elva Seconded by: Gordon Carried. Final March 10 Minutes.docMarch 23, 2010 Page 2 of 2 GANARASKA REGION CONSERVATION AUTHORITY I - 2 MINUTES OF THE FULL AUTHORITY April 15, 2010 FA 02/10 1. Welcome and Call to Order The Chair called the Full Authority meeting to order at 7:15 p.m. MEMBERS PRESENT: Raymond Benn, Chair -Township of Alnwick/Haldimand Mark Lovshin, Vice-Chair -Township of Hamilton Brian Fallis -Township of Cavan Monaghan Miriam Mutton -Town of Cobourg Bob Spooner -Town of Cobourg Twila Marston -Township of Hamilton Cal Morgan -Municipality of Port Hope Linda Thompson -Municipality of Port .Hope Gord Robinson -Municipality of Clarington Charlie Trim -Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Mark Peacock, Director, Watershed Services Greg Wells, Manager, Planning and Regulations Parn Lancaster, Stewardship Technician Members of the Public ABSENT WITH REGRETS: ALSO ABSENT: Dave Marsh -City of Kawartha Lakes A moment of silence was held for the men and women in service who have given the supreme sacrifice. 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting FA 10/10 MOVED BY: Bob Spooner SECONDED BY: Cal Morgan THAT the Full Authority approve the minutes of the March 18~h, 2010 meeting. CARRIED. 4. Adoption of the Agenda The Chair informed the Board members of additional piece of correspondence. #8, Municipality of Clarington re: Watershed Plans. As well the Ganaraska Forest Recreational User Committee minutes were distributed for review under agenda item number 12. r ~ w Minutes FA 02/10 Page 2 FA 11/10 MOVED BY: Gord Robinson SECONDED BY: Mark Lovshin THAT the Full Authority adopt the agenda as amended. CARRIED. 5. Delegations: None. 6. Presentations: None. 7. Business Arising from Minutes: None 8. Chair and CAO/Secretary-Treasurer Remarks The Chair informed the members that the CAO/Secretary-Treasurer is receiving some undeserved bad publicity in regards to the Cobourg Conservation Area. There have been letters to the editor that have criticised the CAO/Secretary-Treasurer without knowing the facts of what was actually said. The Chair stated that while a letter of response has been developed, at this point no action has been taken. The Chair also informed the members that the Full Authority will not be meeting during the months of July and August. If a meeting is necessary it would be at the call of the Chair or through a phone or email poll. The CAO/Secretary-Treasurer reported that the Ganaraska Forest Centre Conservation Dinner was a great success. She also informed the members that there will be some staff changes. Winnie Finnie will be retiring after the last group in June. Winnie has been with the Authority for 35 years. A party is planned at the Forest Centre on June 16th, 2010 at 5:00 p.m. 9. Business from the Board Members Gord Robinson sent congratulations to Linda and the committee for a successful Conservation Dinner. Linda Thompson stated she enjoyed the Conservation Dinner. In regards to the drainage issue at the top of the hill in Perrytown she understood that Mark has met with a contractor. He has asked for a legal decision on the overflow of the wells. There may be a question as to who is paying for the works to be completed. Further details will be brought forward as they develop. Twila Marston said the dinner was a success and was glad to see the participation level up. Bob Spooner enjoyed the expedience of the draws at the Conservation Dinner, and the silent auction. Bob had noticed that the bids were down. Minutes FA 02/10 Page 3 Miriam Mutton commented on the media regarding the Cobourg Conservation Area. She is participating in the OFAH Atlantic Salmon restocking event tomorrow in Cobourg. Brian Fallis spoke about the issues percolating in Peterborough County in regards to the landowner association. It was stated that the motion regarding the disbandment of ORCA has been rescinded by the Township of Asphodel-Norwood. Mark Lovshin said the meal at the Conservation Dinner was very good. He also asked for clarification of doing nothing in Cobourg Conservation Area. Cobourg Conservation Area is under the jurisdiction in the Conservation Authorities Act and some follow up is required. A discussion ensued on dogs being off leash in Cobourg Conservation Area. Members asked why the municipality was not enforcing the bylaw of dogs being on leash. Miriam Mutton stated that the by-law within the Town of Cobourg does not say that dogs must be on a leash, it states that dogs must be under the control of the owners at all times. 10. Correspondence: There was a brief discussion on correspondence item 3 FA 12/10 MOVED BY: SECONDED BY: Linda Thompson Bob Spooner THAT correspondence item #3 to 8 be received and filed. CARRIED. 11. Applications under Ontario Regulation 168!06: The process of issuing and Board approval of permits was reviewed. Permits approved by Executive: a) 168/06-1069-03/10 -David Veenstra (Municipality of Clarington) -construction of single family dwelling and septic system b) 168/06-1070-03/10 -Rob Harding (Municipality of Clarington) -reconstruction of existing dwelling c) 168/06-1071-03/10 -Paul Gagne (Township of Hamilton) -construction of a 8'x29' addition to an existing cottage FA 13/10 MOVED BY: Charlie Trim SECONDED BY: Twila Marston THAT the Full Authority approve permits issued by the Executive. CARRIED. Permits requiring Full Authority discussion: None I ~ w Minutes FA 02/10 Page 4 12. Committee Reports: a) Ganaraska Forest Recreational Users Committee FA 14/10 MOVED BY: Brian Fallis SECONDED BY: Bob Spooner THAT the Ganaraska Forest Recreation Users Committee minutes be received for information. CARRIED. 13. New Business: None. 14. Other Business: a) Ganaraska River Watershed Plan -Final Draft FA 15/10 MOVED BY: SECONDED BY: Gord Robinson Bob Spooner THAT the Full Authority approves the Ganaraska River Watershed Plan. CARRIED. b) Wilmot Creek Watershed Plan -Final Draft FA 16/10 MOVED BY: SECONDED BY: Gord Robinson Bob Spooner THAT the Full Authority approves the Wilmot Creek Watershed Plan. CARRIED. c) Graham Creek Watershed Plan -Final Draft FA 17/10 MOVED BY: SECONDED BY: Gord Robinson Bob Spooner THAT the Full Authority approves the Graham Creek Watershed Plan. CARRIED. d) Lovekin Creek, Bouchette Point Creek and Port Granby Creek Watershed Plan - Final Draft FA 18/10 MOVED BY: Gord Robinson SECONDED BY: Bob Spooner Minutes FA 02/10 Page 5 THAT the Full Authority approves the Lovekin Creek, Bouchette Point Creek and Port Granby Creek Watershed Plan. CARRIED. Congratulations was given to staff for completing the Watershed Plans and Background Reports. Gord Robinson thanked Pam for a good presentation given to the Municipality of Clarington council. 15. In Camera None 16. Adjourn The meeting adjourned at 7:50 p.m. on a motion by Mark Lovshin. CHAIR ~~ CAO/SECRET RY-TREASURER I-3 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE MAY 5, 2010, 6:00 P.M. MEETING ROOM 1A Present: Elaine Simpson, Vice-Chair Sally Barrie Keith Brettell Corine Goodwin Sylvia Jaspers-Payer Councillor Ron Hooper Absent: David Kelly, Chair Also Present: Patti Barrie, Municipal Clerk Elaine Simpson, Vice-Chair assumed the role of the Chair. 1. ADOPTION OF MINUTES Moved by Sally Barrie, seconded by Sylvia Jaspers-Payer THAT the minutes of the meeting held on April 7, 2010 be amended in Section 3 b) by deleting the word "Justine" and replacing it with the word "Justin"; and THAT the minutes, as amended, approved. "CARRIED" 2. BUSINESS ARISING FROM MINUTES OF LAST MEETING a) Community Advantage Rehabilitation Inc. - "Deaf Child Sign" The Committee received, for information, a copy of Report CLD-015-10 which was presented to the General Purpose and Administration Committee meeting on May 3, 2010. The GPA Committee approved the recommendations contained in the report to deny the request for the installation of the signs; the recommendations are being presented to Council for final approval on May 10, 2010. b) Accessibility Expo The updated Volunteer Sigh-Up for the Accessibility Expo was received for information. Committee members are encouraged to advise the Municipal Clerk if they are able to provide assistance in any of the areas still requiring volunteers. Clarington Accessibility - 2 - May 5, 2010 Advisory Committee 3. NEW BUSINESS a) Accessible Election Policies and Procedures The draft Municipal Clerk's Department Accessible Election Policies and Procedures was distributed and discussed. The committee approved the draft policies and procedures, making no amendment thereto. b) Durham Region Employment Network (DREN) -Nomination Moved by Keith Brettell, seconded by Corine Goodwin THAT the Municipality of Clarington be nominated for an Accessibility Award through the Region of Durham Accessibility Advisory Committee for the following initiatives: • The construction of the Newcastle Village branch of the Clarington Public Library which encompasses many accessible features, most notably accessible washrooms complete with automatic door openers; The Fitness Training Facility at the Courtice Community Complex which has incorporated special equipment into their facility and the staff who work diligently with the clients requiring special accommodations to ensure a positive experience in the facility; and • The accessibility challenge which the Accessibility Committee offered to students at a local secondary school. "CARRIED" Committee members were requested to advise the Municipal Clerk if they would like to attend the event. 4. OTHER BUSINESS a) Purchase of a Wheelchair The Municipal Clerk advised that she has been made aware of a wheelchair for sale for $100. The possibility of purchasing a chair was raised at an earlier meeting for use by the Committee when going into facilities to do Accessibility Challenges. After discussing the matter, the Committee agreed not to pursue the purchase. b) Recreation Facility Accessibility Members of the Committee raised concern over the lack of a family change room at the Clarington Fitness Centre, the difficulty in manoeuvring a wheelchair into the change rooms at the Courtice Community Complex and the maintenance of the pool lift chairs. Clarington Accessibility - 3 - May 5, 2010 Advisory Committee 5. DATE OF NEXT MEETING The next meeting will be held on June 2, 2010 at 6:00 p.m. in Committee Room 1 A. 6. ADJOURNMENT Moved by Keith Brettell, seconded by Sally Barrie THAT the meeting be adjourned. "CARRIED" The meeting adjourned at 6:55 p.m. Chair Secretary ~1G~ 1-4 '1 ~~r~u1~ DURHAM NUCLEAR HEALTH COMMTT~~L~ `~C) MINUTES OF MEETING t, :~-~ ~~ ~ ~~, r~ ~,~ LOCATION University of Ontario Institute of Technology (UOIT) 4. 2000 Simcoe Street North ~ - ~' ~' ~ Meeting Room UL2 ' ~~ -.T ~f Oshawa, Ontario MQY 0 DATE .April 16, 2010 ~~`~~ TIME 1:00 PM ~•`' ... s MEMBERS Dr. Robert Kyle, Durham Region Health Department (DRHD) (Chair) ~ "`"' Ms. Mary-Anne Pietrusiak, DRHD Ms. Tho-Dien Le, Ontario Power Generation (OPG) Dr. Tony Waker, UOIT (Presenter) Ms. Norma Drummond, Public Member Ms. Lorraine Weigel, Public Member Mr. Marc Landry, Public Member • Dr. Barry Neil, Public Member Mr. Hardev Bains, Public Member Mr. Jansen Wu, Public Member PRESENTERS/ Mr. Brian Devitt, DRHD, (Secretary) OBSERVERS Mr. Don Terry, OPG, (Presenter) Mr. Bill Robinson, OPG, (Presenter) Ms. Donna Pawlowski, OPG, (Presenter) Ms. Lindsay Dafoe, OPG Mr. Nick Mihalic, OPG Mr. Peter Simmons, Nuclear Waste Management Organization (NWMO) (Presenter) . Mr. Mahrez Ben Belfadhel, NWMO, (Presenter) Ms. Sue Stickley, Atomic Energy Canada Li ' Ms. Janice Szwarz, Municipality of Claringto lSTF~iBID~' ON Ms. Dorothy Skinner, Durham Region Plann' ~~ent Mr. Eugene Kelly, City of Toronto Mr. Carl Ferencz, Observer ORIGINAL TO: Mr. Frank Bajurny, ObServel ^ COUNCIL ~9'000NCIL ^ FILE OlFiECTION INFORMATION COPY TO: O MAYOR ^ MEM6ERS ^ CAO REGRETS Mr. Ken Shrives, Public Member OF COUNCIL Mr. Ken Gorman, DRHD O C0~^MUNITY ^ CORPORATE ^ EMERGENCY Dr. Dave Whillans, OPG SERVICES SERVICES SERVICES O ENGINEERING ^ MUNICIPAL ^ OPERATIONS • SERVICES CLERK'S - ^ PLANNING ^ SOLICITOR O TREASURY SERVICES ' ^ OTHER ~(~~ MUNICIPAL CLERK'S FILE ~ 1~ Robert Kyle opened the meeting and welcomed everyone. Robert mentioned that Ken Shrives recently resigned as the Public Member for the Municipality of Clarington due to health related issues. Ken served the DNHC as a Public Member for Clarington for several years and his participation will be missed. Robert will recommend two individuals to the Regional Council's Health & Social Services Committee in order to fill the two existing vacancies for Public Members. 1.0 Adoption of the DNHC Agenda The Revised Agenda was adopted 2.0 Adoption of the DNHC Minutes of the January 15, 2010 meeting The Minutes were adopted as written. 3.0 Correspondence 3.1 Robert Kyle's office received the minutes of the Pickering Nuclear Generating Station Community Advisory Council for December 2009, January and February 2010. 3.2 Robert Kyle's office received a media release from the Canadian Environmental Assessment Agency concerning the Joint Review Panel's request for additional information from OPG in support of the Environmental Impact Statement and Application for a Licence to Prepare a Site for the Darlington New Nuclear Power Plant Project dated February 3, 2010. 3.3 Robert Kyle's office received a letter from Glenn Jager, Senior Vice President of Pickering A, requesting Robert write a letter to the Canadian Nuclear Safety Commission (CNSC) on behalf of the DNHC concerning OPG's application for the Renewal of the Operating Licence for Pickering A dated February 8, 2010. 3.4 Robert Kyle's office received a letter from Wayne Robbins, Chief Nuclear Officer of OPG, concerning the announcement of OPG's investment strategy for the refurbishment of Pickering B and Darlington Nuclear Generating Stations (NGS) dated February 18, 2010. 3.5 Robert Kyle's office wrote a letter to the CNSC on behalf of the DNHC concerning OPG's application for the Renewal of the Operating Licence for Pickering A dated March 1, 2010. 3.6 Robert Kyle's .office received a media releases from AECL concerning the NRU return to service plan related to the Chalk River Laboratories that is scheduled for May 2010 dated March 10, 2010. 3.7 Robert Kyle's office received the Draft Report for comments from the Durham Region Planning Department concerning the response to the NWMO's Draft Discussion Document entitled "Moving Forward Together: Designing the Process for Selecting a Site" dated March 16, 2010. 3.8 Robert Kyle's office received the letter from the Pickering Nuclear Generating Station Community Advisory Council concerning the Environmental Impact Statement and Application for a Licence to Prepare a Site for Darlington New Nuclear Power Plant Project dated March 30, 2010. 3.9 Robert Kyle's office received a letter from Wayne Robbins, Chief Nuclear Officer of OPG, providing a fact sheet and timelines for the Darlington Refurbishment and Pickering Nuclear Continued Operations dated April 1, 2010. 3.10 Robert Kyle's office received a media release from the CNSC concerning Fact Sheets on Tritium Studies and an invitation to attend a Workshop on the Assessment and Control of Tritium's Health Risk scheduled for Apri128, 2010 and the invitation was•dated April 1, 2010. 3.11 Robert Kyle's office received a media release from AECL concerning the Pre- Project Design Review of the Enhanced CANDU 6 Reactor by the CNSC has concluded the design intent is compliant with the CNSC's regulatory requirements and meets the expectation. of new nuclear plants in Canada dated April 4, 2010. 3.12 Robert Kyle's office received a media release from the United States Nuclear Regulatory Commission concerning the need for astate-of--the-art study on cancer risk for populations surrounding nuclear power plants and the need for a study will be discussed April 26, 2010 at a public meeting of the National Academy of Sciences and the media release was dated Apri17, 2010. 4.0 Nuclear Power /Environmental Issues 4.1 Report on Education and Research in Nuclear Science and Engineering at UOIT Dr. Tony Waker, Professor, provided a presentation about education and research in nuclear science and engineering at UOIT including new facilities under construction. The highlights of Tony's presentation were: • The Undergraduate programs are: o Nuclear Engineering (BEng) offered since 2003 o Health Physics and Radiation Science (BSc) offered since 2003 o Energy Systems Engineering (BEng) offered since 2004 • The Graduate Programs are: o Graduate Diplomas in Nuclear Technology o MEng in Nuclear Engineering o MASc in Nuclear Engineering o PhD • The current enrollment of students are: 0 255 Nuclear Engineering 0 30 Health Physics and Radiation Science 0 15 Energy Systems Engineering 0 50 Graduates evenly split between MEng and M.Sc 0 6 PhD The enrollment for 2010-2011 intake will be: 0 110 Nuclear Engineering 0 10 Health Physics and Radiation Science 0 50 Energy Systems Engineering The New Developments and Facilities are: o The Oshawa Downtown Expansion o T'he Automotive Centre of Excellence o Energy Research Centre Tony Waker, on behalf of UOIT, will host a DNHC meeting in 2011 and plans to provide a tour of the Nuclear Science and Engineering Facilities including the new Applied Radiation Research Laboratory. Tony can be reached at anthon~wakerna,uoit.ca for more information on their Nuclear Science and Engineering Programs. 4.2 Report on OPG's Investment Strategy and Refurbishment for Pickering and Darlington Nuclear Generating Stations (NGSs) Bill Robinson, Executive Vice President, Nuclear Refurbishment Projects and Support for OPG, provided a presentation on the two-part investment strategy for Pickering and Darlington NGSs. The highlights of Bill's presentation were: • February 16, 2010, OPG's made atwo-part investment announcement related to Pickering and Darlington nuclear sites. • Pickering Nuclear will receive approximately $300 million for an investment into Pickering B for expected continued operation over the next decade followed- by a safe lay up and safe storage state with eventual decommissioning of the station. • Darlington Nuclear will proceed with a planned phase for mid-life refurbishment of four units. Bill provided the history of Pickering Nuclear and the highlights were: • Pickering A has 4 units and began operations in the 1970s and was the earliest, smallest and most complex of the CANDU design. • Pickering A was laid up in 1997 as part of the overall Nuclear Improvement Plan and only units 1 and 4 weIe returned to service after refurbishment in 2003 and 2005. • Pickering A units 2 and 3 were not refurbished and a decision was made in 2005 to put the units into safe lay up and storage. • Pickering B has 4 units and began operation in the 1980s with a similar design as Pickering A. • The refurbishment studies for Pickering B concluded that the plant is safe to operate now and if refurbished could be operated for another 30 years. 4 • The cost to refurbish Pickering B and to operate for the next 30 years did not make a good business case for investment compared with the new nuclear considerations at Darlington. • OPG decided to invest $300 million in the continued safe and reliable operation of Pickering B to approximately 2018-2020. • The $300 million will be used to perform inspections, research and development including some equipment upgrades and repairs. • Following shutdown, the 4 units be put into safe storage and eventually decommissioned along with the 2 units operating at Pickering A. Bill provided the history of Darlington Nuclear and the highlights were: • Darlington has 4 units and began operation in the early 1990s. • Darlington units are almost twice the size of Pickering reactors and are very reliable with excellent performance. • Darlington's 4 units will be due for refurbishment in 2019-2020. • OPG and the provincial government decided there is a good business case for investment in refurbishment of the 4 units at Darlington to keep them operational beyond 2020 for approximately 30 years. Plans for the refurbishment at Darlington Nuclear have begun and the first unit will be shutdown in late 2016. • The refurbishment project will take 8-10 years to complete. Bill Robinson offered to bring further updates to the DNHC on OPG's Investment Strategy as it affects Pickering and Darlington Nuclear. The overheads sill used are attached as Appendix 1. 4.3 Progress Report on the NWMO's Engagement Activities Peter Simmons, Director, Municipal and Community Engagement for NWMO, provided a presentation on their engagement activities for the proposed site selection process for the long-term management of used nuclear fuel. The highlights of Peter's presentation were: The NWMO is working on behalf of Canadians, under federal mandate, to protect the interests of future generations through safe and secure, long-term management of Canada's used nuclear fuel. • Today, Canada has more than two million used fuel bundles safely stored, on an interim basis, at nuclear reactor sites. • After public consultation, the Adaptive Phased Management Plan proposed by the NWMO was approved by the federal government in June 2007. • The technical method for long-term safe storage of the used nuclear fuel will require centralized containment and isolation in a deep geological repository that allows continuous monitoring and the potential for retrieving the used fuel. • The deep geological repository will cost $16-24 billion be highly regulated to ensure safety and be a long-term partnership between the NWMO and the host community. • The NWMO has dialogued with interested organizations and individuals for two years about the principles of the Site Selection Process. • The NWMO has developed many vital relationships with key stakeholders using municipal and community engagement across Canada resulting in many valuable suggestions and refinements to the draft site selection process. Peter stated the Next Steps in the Adaptive Phased Management Site Selection Process are: - • The Site Selection Process document will be released in June 2010. • Activities are planned to provide potential host communities with a "road map" so they can learn more about the Process and assist decision making. • Publication of information kits will be provided on the Process. • NWMO will implement a program of planned activities to gradually raise awareness of the Process. • NWMO will respond to potential host community requests for more information, briefings, screenings etc. Peter Simmons and Ben Belfadhel, Director, Used Fuel Repository Geoscience for NWMO, answered many questions and will keep the DNHC updated on the progress of the Site Selection Process. More information can be received at www.nwrno.ca about the Site Selection Process. The overheads Peter used are attached as Appendix 2. 4.4 Progress Report on the New Nuclear at Darlington Project Donna Pawlowski, Manager, Strategic Planning and External Relations, provided an update on the Federal Approvals for the New Nuclear at Darlington Project. The highlights of Donna's presentation were: • June 2006, OPG was directed to begin federal approvals process including an EA for new nuclear units of an existing nuclear site. • The Project for the EA purposes were defined as: o Preparation of the Darlington Nuclear site for up to four reactors and up to 4800 MW of electrical capacity and associated facilities o Construction, operation and maintenance of nuclear reactors and associated facilities for approximately 60 years of full power electricity operation and appropriate nuclear waste management facilities o Preliminary planning for decommissioning and eventual abandonment • September 2009, OPG submitted to the CNSC the Environmental Impact Statement and updated the Application fora Licence to Prepare the Darlington Site. • The three member Joint Review Panel (JRP) was established by the Federal Minister of the Environment and the President of the CNSC and empowered to: o Conduct an examination of the environmental effects of the proposed project and the significance of those effects o Consider measures that are technically and economically feasible to mitigate any adverse environmental effects and any follow-up programs o Consider comments from the public and hold public hearings o Submit to the government a report with recommendations about the Project o Grant a Licence to Prepare the Site once a decision is made on the environmental assessment • April 2011, is the target completion date for the JRP to issue a Licence to Prepare a Site. • The JRP has received information requests from federal authorities reviewing OPG's submissions and OPG has responded to more than 160 requests. • OPG is continuing work on groundwater monitoring programs, modeling of Lake Ontario flows, archeological excavations and traditional ecological knowledge studies with the Metis Nation of Ontario. • OPG is continuing its communication and consultation programs including council briefings, EA Spring newsletter, stakeholder letter updates and operating the community kiosk at the Bowrnanville Mall. Donna stated the Next Steps for federal approvals are: o JRP will continue its review until it determines sufficient information is available to proceed to a public hearing o OPG encourages public and stakeholder participation in the JRP process during the public and technical review and hearings o All documents are posted on the public registry Donna Pawlowski offered to keep the DNHC updated on the progress of the New Nuclear at Darlington Project. More information on the Project can be received at www.op~.com/newbuild or 1-866-487-6006. 'The overheads Donna used are attached as Appendix 3. 4.5 Progress Report on the Port Granby Project Sue Stickley, Member of the AECL Port Hope Initiative Team (PHAI), provided an update on the Port Granby Project. The highlights of Sue's presentation were: • May 2009, the Draft Environmental Assessment (EA) Screening Report was released for public comment. • August 19, 2009, the EA Screening Report was finalized and the EA decision was announced by the CNSC and Natural Resources Canada. • November 2009, the Municipality of Clarington accepted the EA decision. • The Screening Report confirms the EA prediction of no significant adverse environmental effects caused by conducting the Port Granby Project. • The PHAI decided to submit the CNSC licence application for the Project in 2011 rather than 2010. • A contract to develop a detailed design for the proposed new waste management facility was awarded to AECOM Canada Limited and announced on April 16, 2010. The design contract was worth more than $10 million with construction to begin in 2012. AECOM Canada Limited will prepare a detailed design with associated supporting infrastructure including remediation of the current low-level radioactive waste site and oversee the construction phase of the Project. Sue stated the Next Steps for the Project start are: o Spring 2010, the End Use Committee recommendation will go to the Municipality of Caarington for inclusion in the Project 0 2011, licensing submission to the CNSC for decision 0 2011 to 2012, CNSC licence decision is expected 0 2012, construction schedule will begin and will take 5 to 6 years to complete the Port Granby Project Sue Stickley can be reached at (866) 255-2755 or by a-mail at stickle~na,aecl.ca for more information on the Port Granby Project.. 5.0 Health Effects 5.1 No Reports, presented. 6.0 Communications 6.1 Community Issues at Pickering Nuclear ' Don Terry, Manager of Public Affairs at Pickering Nuclear, provided an update on Community Issues. The highlights of Don's presentation were: • All 6 Pickering Nuclear units are safely shut down as part of the Vacuum Building Outage (VBO) required by the CNSC every 12 years. • The VBO will allow 40,000 tasks to be completed while all 6 units are shut down. • The Emergency Core Injection System Drain will begin on April 17, 2010 and will be conducted in a similar manner as the successful VBO completed at Darlington Nuclear in 2009. • Employees at Pickering A have worked almost 3.5 million hours without a lost-time injury and Pickering B is approaching 1.2 million hours. • Day One of the Pickering A re-licensing Hearings were held in Ottawa in February and the Day Two Hearing will be in Pickering on May 21, 2010 at the Pickering Recreational Centre with approximately 30 interventions from industry and community organizations. • The March Break program was very successful with more than 4000 participants. • Don Terry was instrumental in leading a very successful partnership with the Eco School Team and the Ajax-Pickering Board of Trade Environmental Taskforce to collect 130 bicycles for repair and they will be delivered to South Africa for use there. • Pickering Nuclear. will be hosting the bi-annual Take Pride in Pickering biodiversity event in Alex Robertson Park on April 17, 2010 where 7000 trees and shrubs have been•planted in the park over several years. Don Terry, Manager of Public Affairs at Pickering Nuclear, can be reached at (905) 839-1151 extension 5966 or by a-mail at don.terrv~opg com for more information. 6.2 Community Issues at Darlington Nuclear Don Teny provided an update on the community issues at Darlington Nuclear. The highlights of Don's presentation were: • Three units at Darlington are operating at full power and unit 4 will return to service in the next few days. • Employees at Darlington have exceeded six million hours without alost-time injury which is a very significant milestone never achieved by Darlington Nuclear before. • The March Break Program was very successful with 5000 participants. • Darlington Nuclear will partner with several community organizations for its Spring Environmental Programs. • DNHC members were invited to attend the OPG celebration of the announcement of the infrastructure developments for Darlington Nuclear and the meeting will be held at the Darlington Infonmation Centre on Tuesday Apri120, 2010 at 11:30 am. Vanessa Hughes, Manager of Public Affairs at Darlington Nuclear, can be reached at (905) 697-7443 by a-mail at Vanessa.hughes cr,op~.com for more information. 7.0 Other Business 7.1 Topics Inventory Update Robert Kyle indicated the Topics Inventory will be revised to include the presentations made today and it is attached as Appendix 4. 7.2 Robert Kyle distributed copies of the current DNHC Terms of Reference. dated November 2008 and requested DNHC members review them and provide any suggestions of change to Brian Devitt by June 1, 2010 so they can be discussed at the next DNHC meeting. The Terms of Reference are attached as Appendix 5. 7.3 Future Topics for the DNHC to Consider Robert Kyle indicated the topics for discussion at the next meeting on September 18, 2009 or future DNHC meetings may include: • ~ Report from the Ministry of the Environment concerning inspections of Pickering and Darlington Nuclear Generating Stations • Report on the Pickering Nuclear Vacuum Building Outage • Report from AECL on the Production and Supply of Medical Isotopes 9 • Report from the CNSC on Tritium's Health Effects • Report from OPG on their Radiological Emissions Monitoring Report 8.0 Ne%t Meeting Date June 18, 2010 Time 12:00 PM Lunch served 1:00 PM Meeting begins Location Pickering Recreational. Complex 1867 Valley Farm Road Meeting Room 3 City of Pickering, Ontario 9.0 Adjournment at 4:20 PM io I-5 Draft minutes -Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY MAY 11, 2010 AT 7:00 P.M. Present: (Voting) John Stoner-Chair Karin Murphy -Vice Chair Jim Cleland Brian Reid Shirley Minifie Staff Present: Peter Windolf Regrets: Arthur Burrows Joe McKenna Absent: Warren May - MNR 1. Agenda Additions Marilyn Morawetz -Doors Open/Trails Open event Great Canadian Shoreline Clean up . Pitch-in Day 2010 Acceptance of A eg nda MOVED by David Best, seconded by Shirley Minifie THAT the agenda for May 11, 2010 be accepted. CARRIED 2. Minutes of April 13, 2010 Corrections There were no corrections to the minutes Approval of Minutes MOVED by Brian Reid, seconded by David Best THAT the minutes of April 13, 2010 be approved. CARRIED Dan Stanoi Councillor Willie Woo David Best Pat Mulcahy Greg Wells - GRCA 2 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Sub-Committee reports Maintenance The committee believes that a year round garbage container is required for both parking lots at the SWNA. The site receives year round use and in the absence of garbage cans litter in left on the ground in the parking lots to be picked up each spring. Councillor Woo will discuss with Operations Department. 5. Updates Trails Open June 5 and 6 Marilyn Morawetz of the Clarington Branch of the Architectural Conservancy of Ontario attended the meeting to provide the committee with more information on Clarington's Doors Open event scheduled for June 6. One of the Doors Open locations will be the historic plaque marking the location of the Wilmot Fish Hatchery on Hwy 2. People visiting that location will be informed of the Trails Open tour at the SWNA at 2:OOPM. Marilyn reported that the Whitby Doors Open events in May were very well attended despite poor weather and she expects the Clarington event to also be well attended. Marilyn will provide a poster for the Doors Open event that can be placed on the SWNA kiosk. Brian suggested a single page handout be available for people attending the Trails Open tours. Jennifer will be asked to produce and copy a double sided handout with information about the SWNA. Five coroplast Trails Open signs were given to Brian for road-side installation to help guide visitors to the site: Suggested locations include; -the corner of Hwy 2 and Cobbledick Road -the corner of Service Road and Cobbledick to inform Wilmot Creek Residents of the event Sign in sheets were handed out to David and Brian. They will be used on both days to obtain information about trail users. That information will be compiled for a post event survey. Two picnic tables will be required next to the kiosk at the Cobbledick Parking lot. Operations will be requested to drop them off on June 4. Tree Pruning alon Sewage Treatment Plant A row of linden trees located along the south fence line of the sewage treatment plant have been pruned and the native shrubs planted around the trees were destroyed in the process. Peter talked with the staff person at the Region who handles their maintenance contracts. A follow up e-mail with photos of the damage was sent to the Region requesting that any future pruning of trees or shrubs located outside of the Sewage treatment plant fence be done only on the inside of the fence. The Region was reminded that the SWNA committee was given permission by the Region to plant native shrubs along the west fence line in 2009 and that those shrubs should not be pruned outside of the fence. Raptor Event Soar Raptor Education was contacted about their availability to provide an on-site raptor display as they did previously at the SWNA. Unfortunately they will not be available in the foreseeable future due to illness. John Stoner will contact another group that provides the same type of raptor show to see if they are available. Great Canadian Shoreline Clean-up Shirley will e-mail information regarding the 2009 Great Canadian Shoreline Clean-up to Jennifer to post on the SWNA blog. She has officially registered the SWNA as a site for 2010. Information about the 2010 Shoreline Clean-up will be included in the posting but will also be re-posted about a week in advance of the September 25 scheduled date. Pitch-in cleanup at SWNA On Saturday Apri124 a Pitch-In clean-up was scheduled at the SWNA. Brian received a supply of bags and gloves from Operations. Some SWNA committee members and a few members of the public attended. The event was generally a success however the meeting point and the public notification for the event were never discussed with the SWNA committee. Had the committee not noticed the newspaper ad there would not have been anyone at the SWNA to provide supplies and direction to the public. If the SWNA is a Pitch-In location in 2011 those details should be discussed prior to advertising the event. Operations will be asked to discuss any future clean-up days with the committee in advance. 6. Other Business Brian Reid informed the committee that the fence has been removed along the east edge of the SWNA along Toronto street south of the old orchard. Who removed the fence is unknown but it will be investigated. Motion to Adjourn MOVED by Joe McKenna, seconded by Pat Mulcahy THAT the meeting be adjourned. CARRIED Adjournment: 8:20 P.M. Next Meeting: Tuesday June 8, 2010 ON-SITE at the Cobbledick Parking lot. Notes prepared by P. Windolf i-s Task Force for Attracting Higher Education Facilities Minutes of Meeting Thursday, May 6, 2010 at 7:30 a.m. Meeting Room lA Present Were: Paul Halliday Dorcas Gordon Pierre Tremblay Bill Humber Staff: Mayor Jim Abernethy Faye Langmaid, Manager of Special Projects, Planning Services Linda Coutu, Executive Assistant to the Mayor Regrets: Valentine Lovekin Deborah Patrick Dorcas Gordon chaired the meeting. ADOPTION OF MINUTES The minutes of the meeting of March 4, 2010 were approved by consensus. 2. PRESENTATION OF ALTERNATE SITES - FAYE LANGMAID Faye Langmaid provided a presentation to the committee outlining ten alternate sites that maybe suitable for a higher education facility. Faye went on to list the advantages and disadvantages associated with each site, which would ultimately be dependent on the final use. Discussion ensued pertaining to the advantages and disadvantages of each site and speculation as to what type of use these sites could accommodate. Preferences were stated for a site which would have future expansion capabilities; located conveniently to transit; a downtown location would appeal to students; and the potential availability of funding. Dorcas Gordon thanked Faye Langmaid for her detailed presentation on alternate sites. 3. NOMINATION OF CHAIR Dorcas Gordon advised that Paul Halliday will let his name stand as Chair of the Task Force for Attracting Higher Education Facilities. Paul was unanimously elected as the Chair of the Committee. 4. DRAFT DISCUSSION PAPER -PAUL HALLIDAY Dorcas Gordon remained in the Chair as Paul Halliday provided a brief overview of his discussion paper. Discussion ensued pertaining to the discussion paper and how the Committee should move forward. It was agreed that the Municipality of Clarington will have clear and significant opportunities for growth in the immediate future. The group shares a sense that in this emerging growth story, a college or university campus can contribute to the economic, social and cultural fabric of the community. Discussion continued and it was suggested that strong recommendations be outlined in order to fulfill the Committee's mandate which will assist in preparation of a final report to Council Paul Halliday advised that Mr. Brien Desbiens, who will be the guest speaker at the next meeting, will assist the Committee with the task of producing a plan. Mr. Desbiens is in a position to offer advice from a College perspective. The committee members agreed that Mr. Desbiens' experience could assist them with some unanswered questions about the process of attracting a higher education facility. NEXT MEETING(S) Paul Halliday suggested that a "working meeting" be arranged following the May 20th meeting in order to draft a plan. Scheduled Meeting Dates: Thursday, May 20th at 7:30 a.m. Tuesday, June 29th at 5:00 p.m. (sandwiches will be provided). 6. ADJOURNMENT The meeting adjourned at 8:50 a.m. CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY MINUTES NO. 5 AUTHORITY MEETING Tuesday. May 18.2010 - 5:00 P.M. MEETING LOCATION: 100 WHTTING AVENUE, OSHAWA AUTHORITY'S ADMIIVISTRATIVE OFFICE, BOARDROOM Present: R Johnson, Chair G. Emm, Vice Chair S. Crawford A. Cullen J. Drumm J. Gray R Hooper D. Mitchell J. Neal M. Novak M. Pearce P. Perkins I-7 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 M. Hrynyk, General Superintendent P. Lowe, Director, Watershed Stewardship & Community Outreach P. Sisson, Director, Engineering & Field Operations K. Tate, Administrative Assistant/Recording Secretary Absent: B. Nicholson G. SooChan, Director, Groundwater Excused: A. Foster _._.... The Chair called the meeting to order at 5:07 p.m. DECLARATIONS of interest by members on any matters herein contained M. Novak declared a conflict with respect to CONFIDENTIAL Staff Report #4892-10 as she is a member of CAW and neither took part in discussion nor voted on the matter. ADOPTION OF MINUTES Res. #66 Moved by R Hooper Seconded by S. Crawford THAT the Authority minutes ofApril l0, 2010 be adopted as circulated ' CARRIED AUTHORITY MINUTES -MAY 18, 2010 -PAGE 2 CORRESPONDENCE (1) CLOCA correspondence to Mr. Jeff Nelson, Ducks Unlimited Canada Re: letter extending sincere thanks for DUC generous donation re land acquisition at Lynde Shores Conservation Area (2) Correspondence from John Visser Re: letter of thanks for honour of receiving 2010 Ontario Volunteer Service Award (3) Correspondence from ~2°d Brooklin Guides Re: note of thanks to staff for experiencing snowshceing event (4) Certificate from City of Oshawa & the Event Organizing Committee Re: certificate of thanks for continuing commitment to safety and making the 2010 Safe Work & Wellness Event a success (5) Correspondence from Christy Chase Re: note of thanks to CLOCA and staff for experiencing Mother's Day hike and tea (6) Certificate of Appreciation from City of Oshawa Re: certificate of appreciation to CLOCA for support and participation is PITCH-IN Canada 2010 Initiatives Res. #67 Moved by M. Pearce Seconded by J. Drumm TART the above correspondence items (attached as Schedule 3-1 to 3-~ of May 18/10) be received jor information. CARRIED DIRECTOR, DEVELOPMENT REVIEW & REGULATION (1) Staff Report #4885-10 (attached as Schedule 4-1 to 4-3 of May 18/10) Re: Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses -April 1-30, 2010 Res. #68 Moved by J. Gray Seconded by P. Perkins TART the attached applications be approved and the respective permits be issued CARRIED M. Novak arrived at 5:15 p.m. DIRECTOR, ENGINEERING & FIELD OPERATIONS (1) Staff Report#4889-10 Application To Place Fill - 618 Columbus Road East, Oshawa Kassouf/Hard-Co Construction -Permit#010-038-GH The Chair gave Mr. Alex Alexander, 3455 Ritson Road North, Oshawa an opportunity to speak on behalf of all residents present this evening with respect to Staff Report#4889-10; discussion ensued. The Chair thanked Mr. Alexander for his presentation. The Chair gave Mr. Larry Harding, Vice-President, Hard-Co Construction Ltd., 625 Conlin Road, Whitby an opportunity to speak with respect to Staff Report#4889-10. L. Harding provided the members with a letter from Hazd-Co Construction Ltd signed by Larry Harding addressed to Hard-Co truck drivers and all hired brokers re 618 Columbus Road East outlining rules that apply in order to maintain a good working relationship with residents in the surrounding area. Discussion ensued The Chair permitted Mr. Andy Fawcett, a soils engineer, to speak regazding the issue of locating suitable fill sites. The Chair gave Rebecca Evans, Durham Homebuilders Association an opportunity to speak G. Emm assumed the Chair while R. Johnson was excused momentarily. R. Evans asked that Hard-Co be permitted to continue to operate; discussion ensued. R. Johnson resumed the Chair and thanked all speakers. AUTHORITY MINUTES -MAY 18, 2010 -PAGE 3 Res. #69 Moved by P. Perkins Seconded by S. Crawford THAT Staff Report #4889-10 (attached as Schedule S-l & S 2 of May I X10) be received for information, and that Permit OIO-038-GA be lifted from the table and approved with the following additional conditions: The applicant will notify truck drivers that tail gates are not to be slammed on the sites Additionally, signs will be posted at the site entrance and at the dumping area to remind truckers not to slam tailgates. A dozer operator will be on site to monitor the site for compliances Work hours will respect Noise By-Law requirements. The applicant will make available water trucks and sweepers and will monitor and wet down the site as needed to control dust on sites As the fill is placed on site,,ltnal grades will be established, and seed placed to limit the amount of disturbed site. The applicant will submit geotechnicaUenvironmental reports prepared by a qualified person verifying that the fill material is suitable for placement on the subject (agricultural) lands, according to the "Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act': AMENDMENT Moved by P. Perkins Seconded by J. Drumm THAT "in the event the fill has not had prior approval" be added to the third bullet point in the recommendation. Discussion ensued; the following AMENDMENT replaces the previous one. AMENDMENT Moved by P. Perkins Seconded by J. Ihumm THAT "proojthat" be inserted in the third bullet point in the recommendation after the word "submit': AMENDMENT Moved by J. Neal THAT a one month trial period of the proposed action be added to the recommendation. As there was no seconder for the above amendment, the Chair declared it lost. AMENDMENT Moved by J. Neal THAT the roads and travel plans be discussed with a one month trial (use Wilson Road instead of Kitson Road). As there was no seconder for the above amendment, the Chair declared it lost. RES. #69 CARRIED AS AMENDED J. Neal noted he was not able to support the motion. (2) StaffReport #4890-10 Black, Harmony and Farewell Creeks Flood Plain Mapping (Aquafor Beech Ltd.) and Robinson Creek Flood Plain Mapping (CLOCA 2010) Res. #70 Moved by S. Crawford Seconded by G. Emm THAT Staff Report #4890-IO (attached as Schedule S-3 & S-4 of May l8/10) be received for information; and, THAT the Flood Plain Mapping for Black, Harmony and Farewell Creeks and the Robinson Creek be endorsed and accepted for implementation with CLOCA regulations and programs. CARRIED AUTHORITY MINUTES -MAY 18, 2010 -PAGE 4 DIRECTOR, WATERSHED STEWARDSHIP & COMMUNITY OUTREACH (1) Staff Report #4887-10 2010 Purple Woods Maple Syrup Demonstration Program In reply to an inquiry from M. Pearce regarding improvements that need to be made in the Authority's maple syrup festival held at Purple Woods Conservation Area, R. Powell indicated a comprehensive report would be presented at the next CLOCA Board of Directors meeting. Res. #71 Moved by G. Emm Seconded by M. Novak THAT Staff Report #4887-10 (attached as Schedule 6-1 to 6-6 of May 18/10) be received for information. CARRIED (2) StaffReport #4888-10 External Partnership Education Programs 2010 Res. #72 Moved by M. Novak Seconded by R Hooper THAT Staff Report #4888-10 (attached as Schedule 6-7 to 6-9 of May 18/10) be received for information. CARRIED CHIEF ADMINISTRATIVE.OFFICER (1) StaffReport #4886-10 (attached as Schedule 7-1 to 7-35 of May 18/10) AMO Case for Joint and Several Liability Reform in Ontario Res. #73 Moved by D. Mitchell Seconded by S. Crawford THAT the Central Lake Ontario Conservation Authority endorse the AMO Case for Joint and Several Liability Rejorm in Ontario and communicate said endorsement to the Association ojMunicipalitres of Ontario and the Office of the Attorney General for Ontario. CARRIED DIRECTOR, CORPORATE SERVICES (1) Staff Report #4893-10 (attached as ScheduleH-1 toH-3 of May 18/10) Developing Workplace Violence and Harassment Policies & Programs Res. #74 Moved by M. Pearce Seconded by A. Cullen THAT the steps to develop a workplace violence and a workplace harassment program be approved; THAT the Workplace Anti-Vwlence Policy and the Workplace Anti Harassment Policy be approved; and THAT the Chief Administrative Officer sign the policies and have them posted in appropriate places on CLOCA properties. CARRIED AUTHORITY MINUTES -MAY 18, 2010 -PAGE 5 DIRECTOR, DEVELOPMENT REVIEW & REGULATION (2) Staff Report #: 4894-10 (attached as Schedule H-4 to H-8 of May 18/10) File: W10-085-GH (IMS: RPRG3558) Applicant/Owner: URS Canada Inc./Alex Karamitsos Application: for site grading and development within hazardous lands Location: 951 Dundas Street West, Whitby Part Lot 30, Concession 1, Town of Whitby Res. #75 Moved by S. Crawford Seconded by J. Neal THAT application W20-08S-GH for grading and development within hazardous lands, being site remediation activities relating to contamination from a former gas station use, be approved subject to the following conditions; and, THAT a copy of this report be provided to the Owner of the property. Conditions: 1. The project shall be carried out generally as per the plans and correspondence submitted in support of the application as they may be amended through conditions of this permit 2. The proponent shall erect and maintain in good working order sedimentation controls around the perimeter of the site until disturbed areas are stabilized 3. Waters being pumped from the excavation area shall be removed from the site and not released into the valley, watercourse or storm sewer system. 4. Contaminated soils removed from the site shall be disposed of in an appropriate manner. S All disturbed areas shall be seeded, sodded, or stabilized in some other manner acceptable to the Conservation Authority as soon as possible and prior to the expiry of this permit CARRIED (2) CONFIDENTIAL Staff Report #4892-10 -Legal matter (Note: Previously attached as supporting documents 7-36 to 7-46 to Members & Sta.,j~`'only) Res. #76 Moved by J. Gray Seconded by A. Cullen THAT StaffReport #4892-IO be received jor information. CARRIED ADJOURNMENT Res. #77 Moved by S. Crawford Seconded by J. Neal THAT the meeting adjourn. CARRIED The meeting adjourned at 6:35 p.m. I-$ CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, APRIL 8, 2010 MEMBERS PRESENT: Mary Ann Found Brenda Metcalf Tom Barrie Henk Mulders Donald Rickard REGRETS: Jennifer Knox Orwin Bandstra Mark Bragg STAFF: , Faye Langmaid Dean Jacobs Ross McMaster Ted Watson Gary Jeffery Eric Bowman Marlene Werry -Durham Region GUEST: Peter Doris, Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) ADOPTION OF AGENDA 10-09 Moved by Eric Bowman, seconded by Ted Watson 'That the Agenda for April 8, 2010 be adopted, with the amendment to point no.4 that the guest speaker Marilyn Bidgood is replaced with Peter Doris. "CARRIED" ARRPOVAL OF MINUTES 10-10 Moved by Eric Bowman, seconded by Ted Watson `Thaf the minutes of the March 11, 2010 meefing be approved." "CARRIED" GUEST: Peter Doris, OMAFRA Peter Doris is an Environmental Specialist with OMAFRA. He was invited to address certain concerns of the Committee specifically related to current regulations e.g. MDS, fines that are imposed on individuals versus corporations, (there seems to be a lack of understanding that small scale farms are corporations), and the requirements of Nutrient Management and Pesticide Acts. Peter provided information on the purpose and application of the Minimum Distance Separation Program (MDS). The Minimum Distance Separation (MDS) Formulae is a land use planning tool that determines a recommended separation distance between a livestock barn or manure storage and another land use. The objective of MDS is to prevent land use conflicts and minimize nuisance complaints from odour. MDS does not account for other nuisances such as noise, flies or dust, and it does not apply to abattoirs, fairgrounds, feed storage and livestock buildings smaller than 10m2. MDS is made up of two separate; but related formulae (MDS I and MDS II). MDS I - provides. the minimum distance separation between proposed new development and existing livestock facilities and/or permanent manure storages located in areas where the keeping of livestock is permitted. MDS II -provides the minimum distance separation between proposed .new, enlarged or remodeled livestock facilities and/or permanent manure storages and existing or approved- development e.g. plans of subdivision, located in areas where the keeping of livestock is permitted. Questions/Answer Session: Faye pointed out the concern with MDS is that it does not apply in reverse. .There is nothing to limit where new plans of subdivision are proposed adjacent ,to farmland where there is no livestock building or manure storage, and the farmer wants to erect such a facility, he/she is penalized through MDS II and in the process also hampered in diversifying his/her operations or to do value-added farming. The implementation of the new Pesticide Act and the restrictions on the application requirements for certain pesticides for tender-fruit operations means they .are not permitted immediately adjacent to residential plans of subdivision.. Could a buffer be introduced as an interface between residential subdivisions and adjacent farmlands? Apparently, British Colombia has .examples of -where developers were required to provide buffer areas along the edge of plans of subdivision. Peter indicated that he is not aware of any buffering requirements in Ontario and. suggested that the Committee lobby through farming federations to request OMAFRA to review the MDS program with particular reference to the treatment of non-livestock operations and the implications of MDS II on farm operations. The Committee has significant concerns about the definitions in the regulations about farmers and corporations and the impact it has on fines that are imposed. The policy writers tried to avoid imposing huge fines on small farming operations, but have not recognized the fact that most farmers (mostly family farms) were corporations. The Committee has brought this matter to John O'Toole's attention and he has written letters. It has also been brought to the attention of OMAFRA officials, the same ones who were involved in the drafting of some of the regulations and they were not aware of the difference and did not appear to be prepared to do anything about the issue. AACC - Apri18, 20 ~ 0 Page 2 Replacement Page Peter stated that legislation set minimum fines and that fines are set in the Act, which makes it more difficult to amend. He acknowledged the problem and indicated that he would explore whether and how this matter can be addressed by OMAFRA. There was discussion on recent changes to the Nutrient Management Act, particularly with regard to the application of non-agricultural source materials (NASM) e.g. paper pulp by-products or bio-solids from a sewage treatment plant. Peter mentioned that in terms of the changes to the regulations under the Nutrient Management Act, after January 1, 2011 if a farmer wants to apply materials on farmland he/she will have to have anon-agricultural source material plan in place that will look at issues such as the nutrient balance of the fields and proximity to wells, surface water and neighbouring residences. OMAFRA are the approval authority while MOE will be notified of the application, responsible for compliance and enforcement of NASM plans.. The municipalities will not be involved in the approval process. ~be notified of NASM plans approved for land in their area. In terms of what is new and at the forefront of change, Peter indicated that the whole aspect of green energy e.g. solar and wind farms, is coming to the forefront. Some of the key challenges seem to be the structure of taxation imposed on green energy projects on farmland and that solar and wind farms can potentially tie up land for farming and be a disadvantage when the farmer wishes to sell. Peter was also informed by the committee about the MOE proposal to levy 23c per kg on fertilizer. Apparently this is to reduce the amount of fertilizer ending up in landfill, since farmers rarely dispose of fertilizer (rather they save it and use it) - this is in effect a new' tax on agriculture. The Committee expressed the concern that it will have an adverse affect on the cost of farming. Peter indicated that he will take the matters of the proposed levy increase in fertilizer, the definition of "farmer" in terms of the Pesticide Act and the concept of buffers between farms and other uses up within OMAFRA. Gary thanked Peter for attending and providing the information. BUSINESS ARISING FROM MINUTES DEAC Awards -.Algoma Orchards Ltd. have received the Eric Krause Innovative Plans/Policies/Initiatives Award from the Durham Environmental .Advisory Committee. The award recognizes Algoma for their innovative approach to reducing water usage: Through the .process of establishing their new apple sorting and packaging facility in Clarington, Algoma installed an on-site state of the art water recycling treatment system - a first for any fresh fruit/vegetable packing facility in North America. Algoma was nominated by Durham Region with support from The Agricultural Advisory Committee of Clarington. The Ag Committee toured the facility in September 2009. One of the noteworthy aspects that the Ag Committee detailed in their letter of support AACC -April 8, 2010 Page 3 was the care with which Algoma carefully specified local sources for their construction facility and the support that they are providing for local grows. Congratulations to Algoma, the DEAC Award will be presented in May at a reception for all the award winners Request for back-yard chicken farming in urban areas: Recommendation by Municipal Clerk's Staff to not allow it on non-agricultural lands, approved by GPA on March 29, 2010. CORRESPONDENCE A letter dated March 15, 2010 from John O'Toole's office to OMAFRA, that was drafted with the assistance of Gary, which outlines the conflicting interpretations of the definition of "farming" vs "corporations" in the numerous sets of legislation and the implications it has on the imposition of penalties (circulated). A letter dated March 16, 2010 from John O'Toole's office to MOE expressing concerns regarding the proposal to charge a levy of 23c per kilogram on fertilizer sold by the bag and the impact it would have on the cost of farming (circulated). REPORTS FROM OTHER COMMITTEES DAAC DAAC tour -September 17, here in Clarington with Algoma as part of the tour. Other details to be finalized. Durham Federation of Agriculture Mary Ann Found reported that the annual Farm Connections event was very successful with approximately 640 people attending the open house on Wednesday, April 7cn Trillium announced that it would make available an amount of $ 79,100 to DFRA for an Agricultural Awareness Program amongst high schools over a 3 year period. General meetings of DFRA for 2010: April 20, August 17 and November 16. Annual meeting set for September 21, 2010. Meeting on April 20th will feature Don McCabe on the Green Energy Act. Clarington Board of Trade The Clarington Board of Trade general meeting is on April 22, 2010. Don is a representative on the CBOT and involved with the Economic Development Committee's Strategic Planning exercise that will also explore the investment opportunities associated with the local agricultural sector. CBOT has been. working through a strategic planning exercise and are seeking advise from the Agricultural sector. Don will continue working with the committee. AACC -April 8, 2010 Page 4 OTHER BUSINESS Councillor Robinson requested that the Committee provide Council with a resolution outlining its concerns with the application of MDS and the adverse impact it has on farm operations. Contact Brian Hancock at OFA may assist in knowing what they have done regarding this issue. FUTURE AGENDA For May meeting: Pam Lancaster from GRCA on Source Water Protection. Bill Hasiuk will also make a delegation on rural road speeds. For June meeting: Kathryn Kram and Kathy MacPherson from the Greenbelt Foundation will be attending. They have just completed some research on issues that the agricultural community have with policies. Some of the case studies were local Durham examples. Moved to Adjourn: Tom Barrie Next Meeting: May 13, 201.0 7:30 p.m. AACC - Apri18, 2010 Page 5 • ~~ Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF MAY 31, 2010 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 17, 2010 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-018-10 Monthly Report on Building Permit Activity for April, 2010 (b) ESD-007-10 Emergency and Fire Services - 2009 Annual Report (c) CSD-007-10 June is Recreation and Parks Month 2. DEVELOPMENT CHARGES STUDY AND BY-LAW 2010 THAT the Development Charges Background Study, April 2010, prepared by Hemson Consulting Ltd. be approved; THAT the Development Charges quantum for both Residential and Non-Residential charges be approved as follows, subject to annual indexing: July 1, 2010 Jan. 1.2011 Residential Single, Semi and Link $14,204 $14,623 (per unit) Low Density Multiple $12,383 $12,737 Large Apartment. $ 9,742 $10,048 Small Apartment $ 6,179 $ 6,370 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report #1 ~ - 2 - May 31, 2010 Non-Residential Commercial and Institutional (per square metre) Industrial July 1, 2010 July 1,2011 $55.54. $60.12 $30.92 THAT Council, in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; THAT Council has reviewed the changes made to the draft By-law and after having considered the changes Council determined that there is not a need for an additional public meeting; THAT for completed applications as determined by the Chief Building Official received on or before June 30, 2010, where the development charges will be paid by June 30, 2010, that the applicable development charges be calculated based on By-law 2005-108, as amended; THAT the By-law attached to Report FND-013-10 as Attachment "A", inclusive of any amendments made by Council at the meeting of May 17, 2010, be recommended to Council for approval to rescind and replace By-law 2005-108, as amended; and THAT the Region of Durham and recorded interested parties be provided a copy of Report FND-013-10 and be notified of Council's decision. 3. REZONING APPLICATION TO PERMIT A TEMPORARY PARKING LOT THAT Report PSD-060-10 be received; THAT the rezoning application submitted on behalf of Gerr Holdings Limited to extend the use of a temporary parking lot, associated with a motor vehicle sales establishment, for an additional three (3) year period ending January 22, 2013, be approved and that the By-law contained in Attachment 3 to Report PSD-060-10 be approved; and THAT Durham Regional Planning Department, Municipality Property Assessment Corporation (MPAC) and all interested parties listed in Report PSD-060-10, and any delegations be advised of Council's decision. Report #1 - 3 - May 31, 2010 4. PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT THE SEVERANCE OF A SURPLUS DWELLING LOT FROM ANON- ABUTTING FARM PARCEL APPLICANT: ANTONIUS VISSERS THAT Report PSD-061-10 be received; THAT the application for proposed Clarington Official Plan Amendment, COPA 2010-0002, submitted by Bob Craig on behalf of Antonius Vissers, be approved as per Attachment 3 of Report PSD-061-10 and the by-law attached to Report PSD-061-10, to adopt Amendment No. 75, be approved; THAT the application for proposed Zoning By-law Amendment, ZBA 2010-0007, submitted by Bob Craig on behalf of Antonius Vissers, be approved and that the Zoning By-law Amendment, Attachment 4 of Report PSD-061-10, be approved; and THAT the Durham Region Planning Department, Municipal Property Assessment Corporation, and all interested parties listed in Report PSD-061-10 and any delegations be advised of Council's decision. 5. REQUEST FOR EXTENSION OF DRAFT~APPROVAL APPLICANT: SABINA INVESTMENTS INC. AND ANKARA REALTY LIMITED (THE REMMINGTON GROUP) THAT Report PSD-062-10 be received; THAT the request to extend the lapsing date for draft approved Plan of Subdivision S-C-2005-001 until June 1, 2013 be approved; THAT the By-law, as per Attachment 3 in Report PSD-062-10, authorizing the entering into a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-001 and the Municipality of Clarington be approved;. THAT a copy of Report PSD-062-10 and Council's decision be forwarded to the Region of Durham Planning Department and Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-062-10 and any delegations be advised of Council's decision. Report #1 - 4 - May 31, 2010 6. PORT GRANBY PROJECT -NEW AGREEMENT WITH HARDY STEVENSON AND ASSOCIATES LIMITED FOR MUNICIPAL PEER REVIEW SERVICES THAT Report PSD-063-10 be received; THAT the requirements of Purchasing By-law 2006-127 be waived to allow continuity of specific consultants for a new phase of the Port Granby Project (the pre-construction and construction -Phases 1A and 2); THAT a new Agreement with Hardy Stevenson and Associates Limited for consulting review services for the pre-construction and construction Phases 1A and 2 of the Port Granby Project, effective May 31, 2010 to approximately December 31, 2018 and attached to Report PSD-063-10 as Attachment 2, be approved; THAT the total funds required be expensed to Account 100-50-385-10175-7160; THAT the By-law attached to Report PSD-063-10, as Attachment 3, authorizing the Mayor and Clerk to execute the Agreement, be approved; and THAT all interested parties listed in Report PSD-063-10 and any delegations be advised of Council's decision. 7. ~ REVISED APPLICATIONS TO AMEND THE CAARINGTON OFFICIAL PLAN AND ZONING BY-LAW, AND PERMIT A PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT 809 MIXED RESIDENTIAL UNITS IN PORT DARLINGTON NEIGHBOURHOOD APPLICANT: PORT DARLINGTON LAND CORPORATION THAT Report PSD-064-10 be received; THAT revised application COPA 2002-006 to amend the Clarington Official Plan, submitted on behalf of Port Darlington Land Corporation be denied; THAT revised application S-C-2002-002 for a proposed Draft Plan of Subdivision, submitted on behalf of Port Darlington Land Corporation be denied; THAT revised application ZBA 2002-002 to amend Zoning By-law 84-63, submitted on behalf of Port Darlington Land Corporation be denied; THAT the basis for the denial of applications COPA 2002-006, S-C-2002-002 and ZBA 2002-002 is outlined as follows: a) The proposed development does not comply with the policies of the Clarington Official Plan and the 1997 Provincial Policy Statement; Report #1 - 5 - May 31, 2010 b) The proposed development does not provide an adequate level of municipal services for the residents; c) The proposed development is premature and would impose an undue financial burden upon the Municipality having regard to other planned developments in the Municipality; d) The proposed development should not proceed withou# acceptable grade separation at the CN railway to access the subject lands; e) Limited access to the subject lands would compromise public health and safety of the future residents; f) Acceptance of the open space areas including the steep bluffs would increase the liability the Municipality would be assuming. Mitigative measures to make the shoreline safer, at a minimum, or improve its usability have not been provided; g) The application has not demonstrated how the subject development . achieves the required high level of urban design identified in the Port Darlington Neighbourhood Secondary Plan area; and h) The proposed development does not represent good planning and does not have regard to all applicable planning instruments; THAT Council authorize staff to 'vigorously' defend Council's decision and that the Director of Finance, Director of Emergency Services, Director of Engineering Services and Director of Planning Services prepare a joint report advising Council on the approximate value of hiring consultants to assist in defending the decision and from where the funds will be drawn; and THAT the Durham Region Planning Department and all interested parties listed in Report PSD-064-10 and any delegations be advised of Council's decision. 8. APPLICATION FOR REMOVAL OF HOLDING FOR 4 LOW DENSITY RESIDENTIAL UNITS ON GEORGE REYNOLDS DRIVE, COURTICE APPLICANT: MUNICIPALITY OF CLARINGTON THAT Report PSD-065-10 be received; THAT the application submitted on behalf of the Municipality of Clarington to remove the Holding (H) symbol be approved; THAT the By-law attached to Report PSD-065-10 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; Report #1 - 6 - May 31, 2010 and THAT all interested parties listed in Report PSD-065-10, any delegations and the Regional Municipality of Durham Planning Department and MPAC be advised of Council's decision. 9. CLARINGTON ENERGY BUSINESS PARK, MASTER STREETSCAPE PLAN FOR ENERGY PARK DRIVE THAT Report PSD-066-10 be received; THAT funding from the Clarington Station `A' Reserve Fund in the approximate amount of $30,000.00 be approved for the development of a Streetscape Master Plan for Energy Park Drive; THAT the funds be recovered as part of each subdivision agreement with each developer in proportion to the portion of Energy Park Drive they are responsible for; and THAT all interested parties to Report PSD-066-10 be notified of Council's decision. 10. REVISIONS TO PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND ACCESSORY USES THAT Addendum to Report PSD-049-10 and Report PSD-049-10 be received; THAT the rezoning application submitted by 1559306 Ontario Ltd., to permit a golf driving range, miniature golf course, clubhouse, storage facility and residential dwelling be approved and that the By-law contained in Attachment 2 to Addendum to Report PSD-049-10 be passed; and THAT all interested parties listed in the Addendum to Report PSD-049-10 and any delegations be advised of Council's decision. 11. CONSTRUCTION AND RELOCATION OF STATION 2 -NEWCASTLE THAT Report ESD-005-10 be received;. THAT Council approve 1780 Rudell Road, Newcastle as the location of the new Fire Station; and THAT staff be authorized to proceed with the Request for Proposal for professional services of an architect/design consultant and to move ahead with detailed design. Report #1 - 7 - May 31, 2010 12. COMMUNITY GRANT REQUEST -ONTARIO NUCLEAR NEW BUILD COUNCIL THAT Report CSD-006-10 be received; THAT the grant request, submitted by the Ontario Nuclear New Build Council under the Community Grant Program, be denied; and THAT the Ontario Nuclear New Build Council be advised of Council's decision. 13. ANIMAL SERVICES QUARTERLY REPORT.- JANUARY -MARCH, 2010 THAT Report CLD-016-10 be received for information; and THAT a copy of Report CLD-016-10 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 14. RESERVIST LEAVE: LEAVE OF ABSENCE FOR TRAINING AND COURSE PURPOSES THAT Report COD-020-10 be received; THAT the benefit provisions continue as approved in Report COD-035-09 for active duty leave only; THAT full-time employees serving in the Canadian Military Reserve be provided an unpaid Reservist Leave of Absence if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency as per the parameters defined by the prevailing Employment Standards Act; THAT leave for training or other leave not specifically provided for under the prevailing Employment Standards Act not be permitted; THAT the full-time employees must apply in writing, in sufficient time prior to the date of the requested leave commencing, for the leave of absence and it must be approved by the respective Department Head and the Chief Administrative Officer; THAT the Reservist Leave of Absence, for deployment as identified above, not be available for Temporary employees, Full-time employees who have not passed their probationary period, employees on Long Term Disability, or employees who are not in good standing, with the Municipality of Clarington; and THAT the above be incorporated into existing Corporate Policy, and the policy be amended in future to comply with any legislated requirements. Report #1 - 8 - May 31, 2010 15. CL2010-16 NATURAL GAS POWERED ICE RESURFACER THAT Report COD-021-10 be received; THAT Resurfice Corporation, Elmira, Ontario, with a total bid price of $82,068.98 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-16 be awarded the contract to supply one natural gas powered Ice Resurfacer, as required by the Municipality of Clarington Community Services Department; and THAT the total funds required be drawn from the 2010 Community Services South Courtice Complex Capital Account #110-42-421-84282-7401. 16. ASSESSMENT APPEAL PROCESS UPDATE THAT Report FND-012-10 be received; and THAT the By-Law attached to Report FND-012-10 be approved to ratify the Director of Finance/Treasurer's decision to appeal the assessments on the three (3) specified properties. 17. PRESENTATION OF PETER SPRATT, VICE PRESIDENT, ROCG CONSULTING, REGARDING THE COAA STRATEGIC PLAN WHEREAS the Clarington Older Adult Centre (COAA) Board has now presented the findings of their Strategic Plan; WHEREAS the COAA is a Committee of Council; and WHEREAS working with the Municipality to ensure implementation of various sections in this plan is essential; THEREFORE BE IT RESOLVED THAT Council approve Municipal Staff working with the COAA Board and staff, when necessary; and THAT .quarterly written reports and COAA updates be submitted to Council. 18. DELEGATION OF SHIRLEY CRAGO, REGARDING THE ENERGY FROM WASTE INCINERATOR THAT the delegation of Shirley Crago, regarding the Energy from Waste Incinerator, be received with thanks. Report #1 - 9 - May 31, 2010 19. DELEGATION OF LIBBY RACANSKY, REGARDING COURTICE NORTH IN THE PAST AND FUTURE THAT the delegation of Libby Racansky, regarding Courtice north in the past and future, be received with thanks. ~~ Leading the Way Staff Report # 1 REPORT PLANNING SERVICES Meeting: COUNCIL Date: May 31, 2010 Resolution #: By-law #: Report #: PSD-067-10 File #: PLN 1.1.12 Subject: GROWTH PLAN IMPLEMENTATION: RESPONSE TO MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING'S DRAFT DECISION ON REGIONAL OFFICIAL PLAN AMENDMENT N0.128 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-067-10 be received for information and adoption of the comments noted in italics; and 2. THAT a copy of Report PSD-067-10 be sent to the Minister of Municipal Affairs and Housing, the Region of Durham and local area municipalities, and that all the interested parties listed in Report PSD-067-10 be notified of Council's decision. r ,f. Submitted by,' ' ' GL-~.~_ aye Langmaid, FCSLA, MCIP Acting Director, Planning Services DJ/COS/df 20 May 2010 ~~~ Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-067-10 PAGE 2 1.0 BACKGROUND 1.1 On June 3, 2009 the Regional Municipality of Durham adopted Amendment No.128 to the Regional Official Plan (ROPA 128), to bring it into conformity with the Provincial Growth Plan. ROPA 128 included the following recommendations that directly affect Clarington: • The eastward expansion of the Courtice. urban settlement boundary on lands situated south of Highway 2 and east of Courtice Road (measuring approximately 109.7 hectares) and designating it "Living Area"; • The eastward expansion of the Courtice urban settlement boundary on lands situated south of Highway 2 between Courtice Road and the future 407 east link (measuring approximately 238 hectares) and designating it "Employment Area"; • .The expansion of the Bowmanville urban settlement boundary to facilitate the proposed phase 8 of Wilmot Creek, situated south of the 401 highway and north of the CN railway line (measuring approx. 21.6 hectares) and designating it "Living Area"; • The eastward expansion of the Orono urban settlement boundary on lands situated east of Highway 35/115 (measuring approximately 29.2 hectares) and designating it "Employment Area"; and • The identification of future potential urban lands on Schedule "F". 1.2 Notice was given of the adoption and Regional Official Plan Amendment No. 128 was forwarded to the Minister of Municipal Affairs and Housing (MMAH) for approval. 1.3 On March 12, 2010 the Minister of Municipal Affairs and Housing issued a draft decision on ROPA 128 to the Regional Commissioner of Planning, in which the Minister expressed concern that the Region's land budget methodology overestimated the amount of land needed to accommodate the growth forecasts for the Region. Furthermore, other policies and recommendations appear to be inconsistent with the Growth Plan and are recommended to be modified. Certain modifications to the amendment have implications for Clarington. A copy of the draft decision (letter) and the proposed modifications is enclosed as Attachment 1. 1.4 Planning Staff from the Region have, in the meanwhile, engaged the Province to obtain clarification and/or additional information regarding the proposed modifications, and in a meeting held with area municipal Planning staff on April 29, 2010, Region Planning Staff indicated that that they would be reporting to the Region's Planning Committee with recommendations on June 8; 2010. 1.5 The purpose of this report is to provide Council with information on how the MMAH draft decision affects lands within Clarington, the history to the planning decisions regarding those lands and the position Council took with regard to ROPA 128 (Attachment 2). REPORT NO.: PSD-067-10 PAGE 3 2.0 DISCUSSION The following provides a brief summary of the main modifications proposed by the Minister of Municipal Affairs and Housing to ROPA 128 policies relating to Clarington. Staff comments are indicated in italic. 2.1 Proposed Courtice urban boundary expansion for additional Employment Area lands MMAH's draft decision deletes the proposed Courtice urban boundary expansion for additional employment lands (approx. 155 net hectares of developable lands) between Courtice Road and the future 407 east link adjacent to the 401 which lies to the south. MMAH's draft decision is based on the rejection of the Growing Durham Study land budget analysis. The area in question is noted as "I" on Attachment 3. Clarington Council adopted the following resolutions in respect of expansion to the Courtice urban boundary for additional employment lands: November 10, 2008 -Clarington Council noted that the recommended growth scenario requires significant Regional investment in infrastructure for new employment areas near future Highway 407 while lands close to the new sewage treatment plant in Courtice remain unavailable for development until after 2031, and recommended that additional employment lands be designated in Courtice to take advantage of the Courtice Water Pollution Control Plant. March 30, 2009 -Clarington Council recommended the provision for additional employment lands near the Courtice Road interchange and the Durham East 407 Link and, if necessary, adjustments being made to employment areas in north-east Pickering and Whitby to accommodate this. Clarington Staff is of the opinion that to exclude the Courtice employment lands on the basis of an accounting exercise does not address key considerations being: o provision of large parcels to accommodate employment intensive uses, o the extension of the Courtice Sewer trunk past these lands, o the strategic location of these lands adjacent to the future 407 east link and 401 corridor, and o proximity to Darlington Nuclear, New Build and Clarington Energy Business Park (an alternative energy cluster). From an economic development and strategic viewpoint including these lands at this time within the Courtice urban boundary is good planning. REPORT NO.: PSD-067-10 PAGE 4 2.2 Special Study Areas, North Courtice MMAH has proposed deletion of Special Study Areas 3 and 4 from the Regional Official Plan, situated in North Courtice on the west and east sides of Trulls Road (noted as "J" on Attachment 3), and modified the Courtice Urban boundary by delineating the new urban boundary segment identified as "K" on Attachment 3. These two study areas are designated in the Clarington Official Plan as Special Study Areas 5 and 6 and they measure 38.5 hectares and 58.5 hectares respectively. During the 1991-1993 Durham Regional Official Plan Review, Regional Council designated the lands north of the Courtice Urban Area on the east and west of Trulls Road as "Living Area". The Ministry, when approving the Regional Official Plan in November 1993 deferred consideration of the "Living Area" designation and related urban boundary expansion for the lands west of Trulls Road. The lands west of Trulls Road were the subject of a referral to the Ontario Municipal Board. The Minutes of Settlement for the referral of the Regional Official Plan designation expanded the Courtice urban area boundary and delineated the lands as a "Special Study Area". For the lands east of Trulls Road, the Minutes of Settlement (November 1995) show that the referral would be withdrawn once the area was designated "Special Study Area" within the Courtice urban area boundary. The Minutes of Settlement included conditions in that, development could not proceed until a watershed study had been completed. Throughout the 1991-1993 Regional Official Plan Review process Clarington Planning Staff consistently opposed the expansion of the Courtice Urban Area boundary to the north, due to the environmental sensitivity of this area. Clarington Staff only supported a special study area if the lands were not included in the urban area boundary. This would have allowed for the necessary site specific studies to be undertaken without prejudice basis. The minutes of settlement overrode Clarington Staff s request. When preparing the Municipality's first comprehensive Official Plan, Clarington Staff recommended the policies for both the lands east and west of Trulls Road. The policies, Sections 17.5.1 to 3 and Sections 17.6.1 to 3, are very similar. Generally, they require: prior to any development or consideration of an application for official plan amendment, plan of subdivision, rezoning or site plan, a watershed planning. study for the Farewell and Black Creeks shall be completed and approved by the Ministry of Natural Resources, Ministry of the Environment, Conservation Authority, Region of Durham and the Municipality. In addition to the requirements of the regulatory agencies for the broader watershed area, the watershed planning study shall address: a) lands which cannot be developed; REPORT NO.: PSD-067-10 PAGE 5 b) density and type of development; c) alignment and standard of roads; d) open space corridor and buffer area requirements; e) location of schools, parks, stormwater management facilities and other detailed land uses; and f) any mitigation measures and special design considerations including, if required, alteration to municipal engineering and planning standards. Upon completion of the watershed study, (and at the next 5 year review of this Plan), the Municipality will review its land area requirements and, if appropriate, consider the inclusion of these lands for urban uses. Detailed land use may be incorporated by amendment to this Plan which implements the conclusions of the watershed study. Until then, the only permitted uses are those legally existing uses as of the date of adoption of this Plan. The Central Lake Ontario Conservation Authority is currently preparing a watershed management plan for the Black, Harmony, Farewell Creek Watershed, which will, upon completion, satisfy the requirements of Section 24 of the Oak Ridges Moraine Conservation Plan and the Authority's watershed planning program. The watershed plan will examine, at the watershed scale, the relationships between the various watershed components and human/land use activities in the performance of the watershed and make watershed management recommendations, the objective of which is to ensure a healthy watershed ecosystem. This Watershed Plan will not provide the necessary detail and analysis to provide an informed decision with respect to development of the lands within Special Study Area 5 and 6. Ultimately a subwatershed study and secondary plan would be required to determine the extent and form of development that can be considered in these areas. All be it, the work carried out by the Conservation Authority will provide a significant amount of information, data and analysis that will contribute to the preparation of more detailed subwatershed studies. The scale and scope of the environmental component of work necessary to be carried out in a subwatershed study will be dictated in part by the length of time between the completion. of the Black/Harmony/Farewell Creek Watershed Plan and initiation of the subwatershed study. MMAH have recommended the exclusion of these lands from the Courtice urban boundary without consultation or justification for the elimination of these special study areas. While C/arington staff are not opposed to the recommendation it comes without context, the land owners have not been formally notiged; and it overrides decisions of the Ontario Municipal Board that date back a number of years under which the landowners have been preparing background studies and land use plans. Further, it does not include a recommendation for how the lands are to be addressed in the future (e.g. as part of the greenbelt?). REPORT NO.: PSD-067-10 2.3 Special Study Area No.2, West of Newcastle PAGE 6 MMAH has proposed deletion of Special Study Area 2, a triangular portion of land, measuring 66 hectares and situated west of Newcastle, south of Highway 35 & 115 and north of Highway 401. The area in question is noted as "L" on Attachment 3. These subject lands were created through a severance in 1961 by the newly constructed Highway 115, and in response to proposed improvements to Highway35/115. In 1982 the estate of James Lovekin reached an agreement with the Ministry of Transportation through which access was secured between the subject lands and Highway 35/115, and an overpass was provided to allow passage between the subject lands and lands west of the Highway 35/115. The subject lands had been designated Special Study Area 13 in the 1976 Regional Official Plan. During the Regional Official Plan Review in 1991-93 Regional Council resolved to continue its support of the Special Study Area designation, but the Ministry of Municipal Affairs and Housing requested the deletion of the Special Study Area from the Regional Official Pan. Through further discussions between the Lovekin Estate and MMAH, the Ministry eventually agreed to the retention of the Special Study Area. The Lovekin estate held the opinion, as do the current owners, Kilcolman Inc. that the highway accessibility and the proximity to the Newcastle Urban Area to the east make these lands a likely candidate for non-agricultural development. While interest has been shown in developing these lands the site is outside of the urban settlement boundaries, is un-serviced and there is no provision for these lands in Clarington's commercial structure. The lands at the intersection of Hwy 35/115 and 401(the triangle) have a long planning history and are designated as a Special Study Area in the Regional Official Plan. Clarington Stafif have not in the past supported the designation of these lands as a special study area. The delineation of these lands as a Special Study Area was not part of the Growing Durham Study or ROPA 128. It is surprising that the Province would delete this Special Study Area at this time, without consultation and justification. The underlying land use designation on these lands is "Prime Agricultural" in the Regional Official Plan and the Clarington Ofpcial Plan. The Clarington Official Plan does not have a "Special Study Area" designation on these lands unlike the Region's Ot~cial Plan. 2.4 Eastward Expansion of Courtice "Living Area" In the draft decision MMAH supports the proposed expansion of the Courtice urban settlement boundary on lands situated south of Highway 2 and east of Courtice Road designating it "Living Area", as set out in ROPA 128. This is consistent with Council and Staff's recommendations. REPORT NO.: PSD-067-10 PAGE 7 2.5 Wilmot Creek, Phase 8, "Living Area" In the draft decision MMAH supports the proposed expansion of the Bowmanville urban settlement boundary to designate the proposed expansion to Wilmot Creek (Phase 8) as "Living Area", as set out in ROPA 128. This is consistent with Council and Staff's recommendations. 2.6 Orono Employment Area In the draft decision, MMAH supports the proposed eastward expansion of the Orono urban settlement boundary on lands situated east of Highway 35/115 that has been the topic of a Deferral D4 in the Regional Official Plan since 1993. The lands are recommended to be designated as "Employment Area", as outlined in ROPA 128. This is consistent with Council and Staffs recommendations. 2.7 Future Growth Areas Beyond 2031, Schedule "F" MMAH has recommended deletion of the proposed Schedule "F" (Attachment 4) and the corresponding policy regarding future growth areas beyond 2031 from ROPA 128. MMAH stated that Schedule "F" is not in-keeping with Provincial policies and that it goes beyond the scope of the Growth Plan conformity exercise. Proposed Schedule "F" shows "Future Employment" and "Living Area" south of Highway 2 between Courtice and Bowmanville and "Living Area" between Bowmanville and Newcastle and to the north-east and west of Newcastle. Clarington Council adopted the following resolutions outlining its position with regard to the proposed Schedule "F" (Future growth areas beyond 2031): November 11, 2008 -Clarington Council advised the Region that it did not support the identification of potential future growth areas beyond 2031. Further, the significant agriculturally viable urban separators should be maintained between Courtice, Bowmanville and Newcastle to permanently protect some of the best agricultural land in the Region and Ontario. March 30, 2009 -Clarington Council recommended that the identification of future Employment Areas and Living Areas beyond 2031 (Schedule F) be excluded from the Region's Proposed Amendment and that the corresponding policy in the text be deleted. Although the Region maintains the position that Schedule "F" is not a Land Use map or a land use designation per se, it has a similar effect. Identifying the future potential lands could create premature land speculation and discourage investment in farming. It restricts the flexibility of future Regional and Loca/ Councils to respond to the matters of their day and undermines the ability of the Councils and community to consider how and where they want to grow. In REPORT NO.: PSD-067-10 PAGE 8 addition, identifying the lands ignores the urban separator principles set out in both the Regional Official Plan and Clarington Official Plan. Clarington supports the deletion of Schedule "F" from the Regional Official Plan. 3.0 CONCLUSION 3.1 The draft decision issued by the Minister of Municipal Affairs and Housing contains recommendations and policies that affect certain lands in Clarington without providing justification and reference to specific land use principles and policies. 3.2 Clarington Council set out its views by endorsing Staff Report PSD-031-09 which was forwarded to the MMAH. Council continues to support the recommendations of Report PSD-031-09 and this Report PSD-067-10. 3.3 MMAH have proposed modifications that affect other lands in Clarington which have a long planning history, set out in this report, that should be considered by MMAH. Staff Contact: Dean Jacobs Attachments: Attachment 1 - Growth Plan Implementation: Response from Ministry of Municipal Affairs and Housing Attachment 2 - Resolution #GPA-235-09 (adopting Report PSD-031-09) Attachment 3 - Map showing affected area Attachment 4 - Schedule `F' (Potential Future Growth Areas) in ROPA 128 Interested parties to be notified of Council's decision: D.G. Biddle & Associates Linda Gasser Tribute Homes Agricultural Advisory Committee of Clarington Propco 100 Ltd. Sernas Associates Libby and Stan Racansky Luigi D. Mastroianni Delta Urban Inc. Kirkup Realty Corporation, Brokerage Phip Limited Attachment 1 To Report PSD-067-10 Ministry of Municipal Affairs and Housing ~~ Ministire des Affairs munlcipalras st du t„ogemerrt 'Ontario 777 Bay S~b+e~t, 2'° Fbor Tororllo ON M5C3 2E5 PhrNla: 418-685.8226 Fare 416.586.8882 Tap-Free. 1-80~tF888-0230 March 12, 2010 Burearr ass s a~ ~~ ce~ae ae ror+tario 7n, rue eay, z^° Tororlb ON M5G 2E5 T6i6phOne: 418-'.~55~228 T~18cvpkw: 416-6858882 sans hels: t-800~888~230 Mr. Alex Georgieff, MCIP, RPP Commissioner of Planning The Regional Municipali#y of Dufiam Planning Department 605 Rossland Road E., 4~' Floor P.4. Box 623 Whitby, ON L1 N 6A3 Dear Mr. Georgieff: Subject: Growing Durham Study and Amendment Na.128 to the Durham Regional tNflclal Ptah {adopted June 3, 2409) MAH File No.: 18-DP-0~i2-48002 The Ministry of Municipal Affairs and Housing is in receipt of the proposed Durham Regional Official Pian Amendment No. 128 {pROPA i 28M}, which was adopted by Regional Gouncil on June 3, 2049. Ministry staff have reviewed and assessed ROPA 128 against. the requirements of the Growth Plan for the Greater Golden Horseshoe's {"Growth Pian") policies and objectives, and other applicable provincial plans and policies such as the Central Pickering Development Plan and recent Lake Simooe Protection Plan. Please find enclosed a draft decision page for your review attached to this letter as Attachment `i1 ". Upon receipt of the Region`s input regarding the proposed draft modifications, the Ministry will be in a position to move forward to finalize its approval of ROPA 128. The adapted amendment contains many policies which will help the Region achieve the Growth Plan's vision. This includes policies which provide guidance on appropriate densities and built form in corridors and centres to support existing and planned transit infrastructure, promote intensification, and provide greater clarity on planning for employment. However, there remain several fundamental issues which are of concern to us. These issues were detailed in previous correspondence to the Region throughout the Growing Durham study; in particular the letter dated May 25, 2009. A detailed Page 1 of 6 - description of our outstanding concerns and additional policy requiremen#s are listed in the Appendix to this letter. A key concern is that the land budget overestimates the amount of-land needed to accommodate the growth forecast far the Region and is based' on assumptions incxmsisten# with t~ Growth Plan's policies. For example: • The amendment and analyses provided in the Growing Dufiam reports are based on employment numbers in excess of what is forecast in the Growth Plan; . • Additional empiQyment'lands have beenincludedwithout justification; + The amendment and analyses'for Seaton is based on employmentnumbers dower than what is forecast in the Central Pickering Development Plan; • Certain existing designated and approved residential lands have been excluded from the land supply analysis; • Certain infrastructure have been. netted out of the greerrhetd densfty calculations; • The proposed propor#ion of single- and semi-detached fiousing In the ...designs#ed greenfield area ~approxamately 7~%) appears high to achieve. a .compact, tfansit=supportive built form, • The amendment was adopted'without having completed a comprehensive in#rastructure and fiscal analysis of the recommended growth scenario. The Ministry is co~erned that the scale of the proposed urban expansion :areas,. resulting urban farm and densities based on-the above-noted assumptions will undermine'the Growth Plan's policy-objective of creadng compact, complete communities for future generations. Moreover, it wiA also undermine the Region's own efforts to make efficient use of existing land and infrastructure and !wild and sustain good transit services. The Province is ccjmmitted to the development and realization of Its vision for Seaton as a susta~abie, compact, walkable, and complete community. This innovative`new community will contain, as planned, a mange and mix of housing types, access to #ransportation choices, high-quality employment oPPvrturiities, complemerrted by a network of'parks and natural spaces. We recograire that both Durham Region and the City of Pickering share this interest and are key partners in reali2ing the vision for Seaton. In light of the foregoing, the Ministry is proposing draft modifications in order to address the above-mentioned matters and ensure conformity with the Gr+orvvth Plan and other. applicable provincial plans artd policies. The modifications will also ensure that orderly and sequential development occurs. Page 2 of 6 Please contact me directly at (4i6) 585.7264 it you would like to discuss these matters further prior to proceeding to Regional Counai. We look forward in proceeding with. this final stage and important GOmpottertt of -the Fiegio-rteti Official Plan Review thrrwgh to approval. truly, ~a play R ional Director Municipal Services Office -Central c. P.M. Madill, Reg~nai Gerk Tija Dirks, i)irector, Growth, Policy, Pinning and Analysis, MEi Page 3 of 6 APPENDIX ~rro Plain's Employmer,~t Forecs_and Employment land Needle The F~egiOn'S employment growth forecast plans for 25,00 more l~ th8r1 the 350,Ot'10 j+ forecast in Schedule 3 of the Growth Plan. As advised repeatedlyr, the Region of Durham, as wittt..all municipalities within the Grea#et Gotder~ Horssshoe, must use-tire population and employrnerrt #orocasts in Schedule 3 of the Growth Plan as the basis for planning and managing growth. The Region has also allocated'18,50f1 jobs.#o Sea#on whereas the Central:Piclkering Dev~elopmertt Plan albcates an empic~yment foremast of 35,000 jam. This has impliiVa#ions in prematuriely overestimatit~ he proposed new growth area'in .northeast Pickering. as it relates to empknt wand jobs. Further, the Region proposes an urban expansion for an additional employment area in Clarngton which ~ not jus~f'ied by the Growing Durham study land budget a~lysis. Therefiore,: modifications to remove the additional 25,000 forecasted, rerr~ove the addltkx-al empbyment eras in Ciarington and to allocate X5,000 jobs to Seaton are proposed. This is to ensure'the Region's Mand'budget is revised to match the forecasts fn Schedule ~ of the ~irowth Plan and the Central P~kering Development.- Plan: Wving Area Land Nseds and Prwaposed F~glonal Suture The decision by the Region to excude same existing designated acrd appr+pved residential lands, particrlarty- in C3shawa and Clarington, from riot being considered as available` supply to 2031 results in the excress desa#ion ref lards fc~r Nving area. A!I fends and. opportunities for development currently desigrra:#ed and available for development need to tae included within the supply es~mates prior to considering further urban expansions in accordar>~ce with sec#ion 2.2..8 of the Growth Dian, This should ado Incuc~e eaclsfirtg designated ksar density residential ands within the built- up area. l# new greenfieki tends ere rec~rired, the 1«ation of the new lands shoudi align with the Region's growth management objectives and reinforce the current regional structure.- The regional land use stnrcturQ as shown in'the proposed amendment is substantially. different than the historic and ~rren# stnac~+re shown in ~ Region's {7ff'~Cisi Plan. The new greenfieid lands being pr~osed in northeast Pickering with+cxrt the employment area lands (which canrwt be justified) result in a new living area th~# is not contiguous to any~~asting urban areas or a sequential extension of growth In addition, there has'been no detailed analysis done of the costs associated with servicing these lands: There#ora, a modi#icaticin is proposed to removQ the northeast Piclkering eicpansion area as it is premature at his lime. Dealgnated Greant~id :Area Density target . The policies in the Growth Plan relating. to designated greenfieki areas,. including -the identification of a minimum density target, are meant to achieve the objective of creating complete, compact, and transit-supportive communities, The Growth Plan Page 4 of 6 intends cities and towns to deirel+3p as walkaib4e communities with a diverse mix`t~fi land uses, a range anti mix of empiant antihousing types, A~+~ 1~ open spaces anti easy acx~ess to transit, local stares and'services. The Region's designated greenfiefd area land-twdgeting methcxiology nets out a number of lam use snd infrastn~ture features beyond those identified in the Gro~rth Plan's .policies.. The resufting density wilC undermine the policy objective of creating compact, complete nomm~s and the pin's own efforts to mafse better use of exist€ng fend-and fnfrastrccture and: bind and susta~ gc~d ~ranrsit services. Policy 2.2.7.3 of the Growih'Plan explicitly fists those features that cart be excluded in measuring the designated greenfield Brea cilensity target. The Growing. Durhiarn study has specifically excluded infrastructure propc~ed in existing and new greenfiefd areas from the application of the designated greenflekf area density target. Therefore, rnodtficatic3ns are: proposed to remove the proposed northeast Pickering expansion area as noted above to be consistent with the policies of the Growth Plan as the Region has overestimated the need for additional living area lands. Phasing Strategy While the amendment includes po~aes for thephasing of devek~pmertt, modifications are ~oposed to enhance the phasing and irrtensfffcationstretegy for the urban area. This;wlN ensure that the growth management obtectives of-the Plan are achieved and that the Region's land supply and infrastructure are used efficiently to provide for sequential and orderly development of existing Greenfield areas prior to approval a# d~evebpment in new groi+vth areas. Cornpiete, Compact Comtnunitles While the overall housing mix across the Region to the year 24;3t, irucluding the built- up areas will consist of 50% single .and semi-detad~ed low•density units, the existing and proposed new designated green~teld`area appear to be planned v~ith a housing mix of about 70% single and semi-detached kwv-+density. The additional netting out discussed fn the previous s~ectron facilitates the dev~efopment of a relafiveiy t'righ .percentage of low density housing in the greenfie~ areas. Further, the designated greenfield area density target should be applied across the en#re Region and not just to the Lake t)ntario shoreline muniCipalhies: The designatedgreen~iefd area density target is intended ~ shift the housing mix fie. a greater mix anti balance of low-,:.medium- and high-denssiyy urns. As stated previously, tits Proposed large proportlor~ of low-density development will ur~t~rmine bath the Growth. Pun's and the Region's stated policy objectives of creating compact, complete comrttur~ities. Utoreover, it wiu also undermine the l~egian's own efforts to make better use of existing land and infrastructure and to build transit- supportive devgelopment. . infrastructure and Fiscal Anatysia As noted previously, the Growing Durham stuudy and the determination of the recommended growth scenario was undertaken without a review of the ,infrastructure and financial impli~ca~tions. While-the Ministry understands that the Region has now initiated such an analysis to understand the actual impacts of the final growth option, concerns remain, in particular, relating to the proposal for significant urban Page 5 of b infrastnicture and related Doers for water, sewage, roads, etc. required to service and pay for the final growth option and operating Doers relating to the new inftastn,cture. The iacic of detailed fl analysis as well as the land budget es#imates to acxommodate the growth #orecasts remain as outstanding concerns related to the timing and scale of certain of the proposed urban expansions, ir~ctuding northeast Puckering. Designating i~arui for devela-prnernt beyc~ttd ?A3i The Regiorti'a forecasting and land b~ctgetir~ exetcuse goes beyond the 2031 horizon established by the Growth Plan, to ldanti#tr future land needs to the 2tlrr6 Mme horizon:. The identification of future living areas wind future ernptoyrr-ent areas to 6 as set out in Schedule F of the draft amendment is not in keepfng with Pincial policies. Therefore, new policy no. 13.2.4 and the future growth areas shown an Schedule '`F` are proposed'to be -removed frcwr- the amendment.' Lake Simt~oe Prodtction Plan The lake Simcoe Protection Ptan ("t:SPP") was reused June 2, 2049 and estabNshed under the authority of the take S%rndve Pratectiort Act, 2QC-8. The #SPP generally applies tv' the L.aks Slm~cne watenihed of which a portion of Dufiam 'Region lies within. The e#fective date of the l_SPP is June 2, 2009 and acxx~rding.to the transt#ion rates, the I.SPP appi~s to FIflFA 128 as it was adopted on June 3, 2009. E1s a r~t.rlt, the Min~}stry needs to arrears that the Region im~ements the t~.SPP as part of its current five-year RQP Review, including incorporating the appl'icabte policies and showing<the watershed boundary on Schedule A. Central Pickering L)sve#o~nent Plan The Central Pickering Cleveiopment Plan {"CPDP"j is another Pr~rir~cial plan prepared under the provisions of the GMtaNa Platrning and t3evek~ent Act, f99r4 which was released on l1A~ty 3, 2006. The GPDP establishes a comprehensive new vision for Gentrat Pickering: that of a sustainable urban community in Seaton integrated with a thriving agricultural community in the Duffins-Rouge Agticultturat Preserve and 8n externs#ve Natural . ....Heritage System. The GPDP is a complementary element t~f the Growth Plan focussed on Pickering and therefore forms a key cx~rrstderaiion for ROPA i28 and l?ufiam's growth management to 2031. Certain modlficattons are .proposed to ensure that the amendment implements the GPDP, in part~utar #hat the empioyrnent forecasts allocate 35,000 jobs to Seaton in accordance. with the GPDP. Other Polley lwiodNicatlona . White ovsraiisupportive of the majority of the policies in the amendment to implement Provit~ial policy, certain technical modifications ar+a ~d in`the draft dec~ion to provide adt3ltional clarity and direction for growth management and further Greenbelt Plan implementation. Pie 6 of b Hitacnment ~._.-- To Report PSD-067-10 • ~ n ar Energizing Ontario April 7, 2009 Honourable Jim Watson Ministry of Municipal Affairs and Housing 777 Bay Street, 17~' Floor Toronto ON M5G 2E5 Honourable Jim Watson: RE: GROWTH PLAN IMPLEMENTATION -PROPOSED AMENDMENT TO THE REGIONAL OFFICIAL PLAN FILE NO.: D08.GE At a meeting held on April 6, 2009, the Council of the Municipality of Clarington passed the following resolution #GPA-235-09: "THAT Report PSD-031-09 be received; THAT the recommendations below and the comments noted throughout Report PSD-031-09 in bold italics be endorsed as the Municipality's comments on the Region's proposed Official Plan Amendment to implement the Growth Plan for the Greater Golden Horseshoe; THAT the Region of Durham be requested to: a) Incorporate appropriate assumptions that Clarington will be a "complete community" as defined by the Provincial Growth Plan and meets a minimum of 1 job for 3 residents within the Municipality of Clarington, a target previously endorsed by the Region of Durham in approving the Clarington Official Plan; b) Provide for additional employment lands near the Courtice Road interchange and the Durham East Link and, if necessary, make adjustments to employment area lands in north-east Pickering and Whitby to accommodate this; c) In the event the Region is unwilling to implement recommendation b), that no additional residential expansion areas be added within the Municipality of Clarington in order to provide for a better jobs-to-resident ratio in the Municipality; d) Proceed with the resolution of Deferral Area #4 in Orono for industrial lands on municipal water services; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L'IC 3A6 T 905-623-3379 Honourable J. Watson 2 April 7, 2009 e) That a Regional Corridor designation be applied to Courtice Road from Highway 401 to Highway 2 connecting the future GO Train Station site to Highway 2 Transitway Station for the Durham East Link; f) That Greenfield density standards be appropriate to each urban area in .Clarington; g) That local municipalities determine the intensification standards for historic downtowns areas in designated Regional Centres in Clarington; h) Refine phasing policies as the proposed approach will not work in Clarington and potentially other municipalities, where secondary planning areas may not be adjacent to one another and thus could all proceed simultaneously; i) The intensification target for Clarington should be reduced to 5,000 units for the 15 year period from 2015 to 2031; and j) The designation of future Employment Area and Living Area lands beyond 2031 be excluded from the Region's Proposed Amendment by deleting Section 13.2.4, Special Policy Area D and Schedule F; THAT a copy of Report PSD-031-09 be forwarded to the Regional Municipality of Durham, the Ministry of Municipal Affairs and Housing, the Ministry of Energy and Infrastructure and the local area municipalities; and THAT all interested parties listed in Report PSD-031-09 be advised of Council's decision." Yours truly, %~~- C~-Annd Gredntree, B.A., CMO Deputy Clerk CAG"mea Encl. c: See Attached Distribution List To Report PSD-067-1 U ^~,; ~, ._.i~ t i., 1 ~' ~i ,-. / - _ i ~. ~~ ~~ -~o ~ - ~~ ~, ; ,a ~'~~ ~ _. r ~,. .. ~. , ;- 1. _ ~ a J ~ ~\ r' + y :~ _ _ ,. r` ` ~ ~ ~~`~ r '~....... `~~~r.;y dry a ~°`a 1 _._r-l t ~~ r ~~~ ,.s _ ._ .. _ . _ . ~ ~ ~, ,~i ~. ~ ,~ Y ,a ~ ,,~" .~ . r c _ _w_ y r a _ s ~+ ' R ~j~ w a ~ x ~ w w "' o s ~ Z ~ FQ ~` p W 8 O w U z Z (7 ~ w o `o Q Q wQ ~Z a~¢ ~~ ~ OQ JQ2 J ~Ow od ~o~ ~~o waw a ~ s ~J OHO ~UQ ~ ~ ? w C~UN ~ Z wUw W ~ LL ,. ¢ wOz v a a ~ c i~v i ~,~ ~~,~~' `~ ,, ~. ~ .., +r-.. _. f~... ~b - ~ ~ ~~ ~t ram„ ~- I 2 1`~ i i I ~_ --- _i ~~~_, ~ I `~.... ---- II I~ I /~ ~ 1 I I ....f_. T ~_~~~ To Report PSD-067-10 \~ 0 o d x m r -' Y 4 i r~! E ~€ ~ ys a ~~ E ie n ~ ie ~=r '~ es F: ig~ ~: ~~ ~ t 3+ ~ Y 4~y ~- : UNFINISHED BUSINESS #1 EXCERPT OF COUNCIL MEETING MAY 10, 2010 Resolution #C-201-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report CAO-004-10 -Dredging of the Bowmanville Creek be referred to the 2011 budgetary process for discussion of available options. "MOTION TABLED" (See Following Motion) Resolution #C-202-10 Moved by Councillor Hooper, seconded by Councillor Woo THAT the foregoing Resolution #C-201-10 be tabled until the next Council Meeting. "CARRIED" Staff Report # 1 • ~~ Leading the Way REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: COUNCIL Date: May 10, 2010 - Resolution#: Report #: CAO-004-10 File#: ~' -~O I - ~ b G - a0~-i0 Subject: DREDGING OF BOWMANVILLE CREEK RECOMMENDATIONS: It is respectfully recommended that Council approve the following: THAT Report CAO-004-10 be received for information. By-law#: N/A ~}~ q~ Submitted ry: ~~ , f"Z``v .~C~ ~1.. 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 1. BACKGROUND: PAGE 2 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 may or 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 3.2 Boat Launch Repair/Maintenance Cost PAGE 4 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 PAGE 5 at this remote location. The cost of this equipment is about $10,000. Plus installation. 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 PAGE 6 4. REVENUE ANALYSIS There are essentially two options available to the Municipality. 4.1 Charpinp 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 little 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. • ~lI1 11 Leading 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 Page 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 #2 EXCERPT OF COUNCIL MEETING MAY 10, 2010 Resolution #C-210-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Clarington Older Adults Association Board be authorized, to proceed through the Municipal purchasing process to invite proposals regarding use of advertising space on the newly acquired Municipal van being utilized for COAA purposes; THAT the proposals be secured in a competitive manner and in accordance with the regulations and standards set by the Canadian Advertising- Council and the Municipality of Clarington; and THAT if the opportunity results in advertising revenue, it will be considered operating revenue of the COAA Board to be used as part of their annual operating income. "MOTION TABLED" (See Following Motion) Resolution #C-211-10 Moved by Councillor Trim, seconded by Councillor Woo THAT the foregoing Resolution #C-210-10 be tabled until the next Council meeting. "CARRIED" SUMMARY OF BY-LAWS May 31, 2010 BY-LAWS 2010-058 Being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 (Item 2 of Report #1) 2010-059 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2004-004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality in respect of S-C-2004-004 (Approved by Council November 23, 2009) 2010-060 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Gerr Holdings Limited) (Item 3 of Report #1) 2010-061 Being a by-law to adopt Amendment No. 75, to the Clarington Official Plan (Item 4 of Report #1) 2010-062 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Antonius Vissers) (Item 4 of Report #1) 2010-063 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-001 (Item 5 of Report #1) 2010-064 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson and Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste Management (Item 6 of Report #1) 2010-065 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Municipality of Clarington) (Item 8 of Report #1) 2010-066 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.) (Item 10 of Report #1) Summary of By-laws - 2 - May 31, 2010 2010-067 Being a by-law to ratify the appeal of the assessment of certain lands owned by 4246551 Canada Inc. and certain lands owned by Bowmanville Creek to the Assessment Review Board on behalf of the Municipality of Clarington and to proceed with said appeal (Item 16 of Report #1) 2010-068 Being a by-law to appoint Andrew Allison as the Municipal Solicitor (Approved by Council on March 1, 2010) HANDOUTS/CIRCULATIONS COUNCIL .. ar.~ n Leading the Way To: Mayor Jim Abernethy and Members of Council From: Nancy Taylor, Director of Finance Date: May 26, 2010 MEMO FINANCE Subject: DEVELOPMENT CHARGES STUDY AND BY-LAW 2010 At the General Purpose and Administration Committee meeting of May 17th, 2010, a public meeting was held with respect to Report FND-013-10, Development Charges Study and By-law 2010. At that meeting, there were two delegations, Mr. Randy Grimes from the IBI Group and Mr. Wayne Clark representing the Durham Region, Home Builder's Association. Both individuals also provided written communications that were referred to the Finance Department. The purpose of this memo is to address their comments, both written and verbal. Mr. Grimes of the IBI Group presented the same information in written and verbal form. Attached is the detailed response to the IBI Group on each issue raised by Mr. Grimes. As a result of the detailed technical review of their comments, it was determined that an adjustment to the charge is necessary. There was an adjustment to benefit to existing shares with respect to the Operations component and some minor amendments to the replacement values in the park facilities component. Details are included in Attachment "A". The result is a decrease in the development charge quantum. The charge for a single detached home, as an example, moves from $14,623 down to $14,500. A resolution will be needed at the Council meeting of Monday, May 31, 2010 to amend recommendation #2 of report FND- 013-10. See attachment "C" for recommended wording. Mr. Wayne Clark provided correspondence relating to technical questions. Attached is the detailed response to the Durham Region Home Builder's Association under Attachment "B". Mr. Clark also verbally raised two other issues for Council's consideration. Firstly, Mr. Clark wanted clarification of transitional rules for the new charge on July 1, 2010. Recommendation #5 of report FND-013-10 addresses Mr. Clark's concern to ensure that completed applications received on or before June 30, 2010 will pay the lower charge. Secondly, Mr. Clark requested consideration of prepayment options to be extended to developers similar to what is permitted by the Region of Durham. The Region's by-law provides for the payment of Page - 2 - the sewer, water and roads DC at time of approval of the residential subdivision agreement, as permitted under the DCA. The Region's by-law then includes a provision to enter into an agreement to defer the payment of the sewer/water/roads charges on a staggered basis of 50°Yo at the first anniversary of the execution of the subdivision agreement and the remainder at the second anniversary of execution. The Region's by-law also includes the following general provision: 20(5) Notwithstanding section 19 and subsection 20(3), Council, from time to time, and at any time, may enter into agreements in accordance with section 27 of the Act which provide for all or any part of a development charge to be paid before or after it would otherwise be payable. The benefits to the Municipality of entering into prepayment agreements are limited to having the money in hand earlier and therefore assisting in the financing of infrastructure/facilities that are constructed in advance of development. Generally, prepayment agreements are used to fund the extension of linear infrastructure (water and sewer mains and sometimes roads) and major water/sewer plant expansions. The use of prepayment agreements for general services or all development charges is very limited. The downside to the Municipality of entering into prepayment agreements is that if the development related to the prepayment agreement is delayed or slow to occur there maybe DC revenue loss to the Municipality as rates are index or updated. Furthermore, prepayment agreements will generate legal costs to the Municipality (unless these costs are paid by the land owner/developer) and staff time executing the agreement. There are also concerns about the administrative time associated with tracking the agreements. The administrative issue could be significantly complex if the flexibility requested by Wayne Clarke was adopted as the request is to submit a list of lots for prepayment rather than be linked to the subdivision agreement. I would not therefore suggest a formal prepayment policy at this time. However, there could be a benefit of including in the by-law, a section allowing Council to enter into prepayment agreements as examined on a site-by-site basis. If Council wishes to do so a resolution to amend the proposed development charges by-law would be required as follows: "THAT The following paragraph be added to the Development Charges By-Iaw,2010 "Without limiting the authority of the Municipality to enter into any other agreement, the Municipality is hereby authorized to enter into agreements providing for the payment of all or any part of a development charge before or after it would otherwise be payable, pursuant to section 27 of the Act."" In conclusion, the attached communications address the written concerns of the delegations. An amendment to Report FND-013-10 is needed pursuant to Attachment "C" in order to reduce the calculated charge. Council also has the option of considering an amendment to the by-law dealing with. prepayments pursuant to the preceeding paragraph should they so choose. Page - 3 - I trust this resolves outstanding issues and questions you may have. Sincerely, Nancy Tayl r, B.B.A., C.A. Director of Finance/Treasurer NT/hjl Attachment "A" -response to IBI Group Attachment "B" -response to Durham Region Home Builders Association Attachment "C" -amendment to report FND-013-10 • ~~ Energizing Ontario May 26, 2010 IBI Group 5th Floor - 230 Richmond Street West Toronto, Ontario M5V 1V6 Attention: Randy Grimes, Director Dear Mr. Grimes: Re: Municipality of Clarington Development Charges Background Study Attachment "A" Please find attached our response in regards to your submission dated May 14, 2010 in regards to our 2010 Development Charges Background Study. If you have any further questions or concerns, please contact me directly. Thank you. Yours ly, %~~l~ Nanc Ta IoY BBA C Y Y , Director of Finance/Treasurer. /hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 Municipality of Clarington 2010 Development Charges Background Study Response to Submission Received This is a response to-a submission received by the Municipality of Clarington from Randy Grimes, IBI Group, dated May 14, 2010. Mr. Grimes' submission follows the release of the Municipality of C/arington's Development Charges Background Study, April 2010. and associated draft development charges by-law. The submission was made on behalf of BILD, Brookfield Homes (Ontario) Ltd., and Smooth Run Developments. Issues and Responses The following provides a response to the issues raised in the letter. The responses follow the same order and numbering set out in the letter. Maximum A//owab/e Hemson Consulting continues to believe that the methodology used in calculation the maximum allowable funding envelopes is reasonable and consistent under the Development Charges Act (DCA). Hemson has used this approach #or a number of municipal clients in 2008 and 2009 Development Charges Background Studies, including the Municipality of Clarington's 2008 Development Charges Amendment Study. It is noted also that there is no requirement under the DCA to calculate service levels based on population figures (whether 'net' population or population in new units). Nor is there a requirement that service level calculations account for any infrastructure capacity that might be created by the decline in population in the existing base in the future. In any case, it is not, in our view, reasonable or equitable to attribute the benefit of this theoretical "freed up" capacity to growth and is within Council's jurisdiction to decide how to estimate the increase in need for services attributable to anticipated development. Benefit to Existing (BTE) The responses to the benefit to existing methodology appear in the order as outlined in the submission. 2.0 Emergency and Fire Services 2.1.1 At the time the 2008 Amendment Study was produced, no grants or subsidies had been anticipated to be applied towards the construction of the new Newcastle Station #2. When reviewing for the 2010 DC Background Study, three different grants were awarded and have been applied to the gross cost of this project. As such, the dollar amount that has been .applied as the benefit to existing share has seemingly decreased. Furthermore, the benefit to existing share of $1,184,023 is actually 53 per cent of the net municipal cost, which is higher than the previous benefit to existing share of 33 per cent, in the 2008 Amendment Study. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 1 5.0 Operations 5.2.4 The need for a snow storage facility is in recognition of compliance standards for snow storage governed by the Ministry of Environment. Upon review it is agreed that this project should have a benefit to existing allocation as identified in previous Background Studies. We are recommending an adjustment to the calculation to provide the same benefit to existing percentages as the 2008 DC Amendment Study. The impact of this change is a reduction in the Operations charge. This has the following effect on the Operations development charge. Apri12010 Revised Difference Difference Back round Stud Char e $ Operations Adjusted $244.55 $206 12 43 - $38 - 15 7% Char a er Ca ita . . . Operations Charge $4.32 $3.64 - $0.68 - 15.7% er S uare Metre 8.0 Roads Road Projects The following generally explains the BTE calculation process for road related projects and provides rational for why BTE values can change. Keep in mind that the BTE values for road projects used in 2008 were simply inflations from 2005, so those costs would have had no consideration for things like changing road segment conditions, traffic, etc. Our response to the BTE questions related to all road projects can reference this text: Benefit to Existing Population for road projects has been calculated using the Municipality's pavement management system. The pavement management system is a lifecycle cost-based model that utilizes inventory and condition data obtained through regular inspections of the Municipality's road network. The condition of each network segment is modeled over duration of the analysis period and several alternative maintenance strategies for each segment are generated. Each strategy consists of one or more successive maintenance treatments (i.e. a grind and overlay) applied to the road section over the analysis period. The pavement management model then considers the benefit of each alternative strategy relative to its estimated cost to identify, for each road segment the strategies that offer greatest benefit in terms of improved pavement condition relative to cost. At the network level alternative strategies for each section are then considered relative to an overall budget constraint to select strategies that result in an annual pavement rehabilitation program that consists of a set of treatments that maximize benefit, in terms of improved condition provided to the travelling public. For purposes of calculating the benefit to existing value the budget constraint was calculated as 5-year historic average of Municipality's roads capital, pavement management and surface treatment spending. . For each road segment that is subject to a roads capital project included in the development charge calculation the entire cost of the future treatments that form the selected strategy for that segment are summarized. The benefit to existing value is then calculated by discounting the inflated. future cost over the analysis period to a present value in current dollars. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 2 The results produced by the pavement management system in terms of the strategies generated for each road segment and the strategies selected for inclusion in the annual program are dynamic because the model responds to changes in: Pavement condition which declines as segments progressively deteriorate with age or improves when roads are rehabilitated as a result of the Municipality's ongoing capital and pavement rehabilitation programs. For example, as road segments deteriorate, its condition will reach a point where it is no longer viable to maintain the section with lower cost treatment such as a basic overlay. Instead, a more intensive treatment which in the extreme could involve a reconstruction. Conversely, if an improvement is made to a road and its condition improved future requirements for maintenance treatments over the analysis period will be reduced; • Traffic volumes that impact the benefit of different strategies; • Treatment costs, which are updated regularly based on the municipality's experience; and • Refnements to the parameters within the pavement management system as it is calibrated and evolved over time to reflect actual capital. and maintenance programs that are developed using the recommendations of the pavement management system. Non-Road Projects (Culverts, Streetscape, etc.) The following table explains the BTE changes related to projects that are not road works and thus don't have a direct connection to the pavement management model. Most of these are simply rounding of the percentages used to establish the BTE. There is one, No. 31, that is slightly more complex that relates to a project scope change. No. Project From To Ex lanato Note 27 King Street Liberty St. Simpson. Rounding of percentage assigned to Corridor Improv. Ave. BTE Streetsca e 28 King Street Liberty St. Simpson Rounding of percentage assigned to Corridor Improv. Ave. BTE Streetsca e 31 Lambs Road At Soper Project was previously expected to Box Culvert Creek require a culvert replacement, but more (99069) Tributary detailed design for the roadway and investigation of the culvert have confirmed that only a culvert extension . will be required to facilitate widening the road to support development. Thus a larger percentage of the works required can be attributed to develo ment. 69 St. George St. King St. Queen St. Rounding of percentage assigned to Tree Planting BTE (Streetscape) Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 3 73 Baseline Rd. At Tooley Rounding of percentage assigned to Culvert (99057) .Creek (e. of BTE R.R. 34 74 Baseline Rd. At Robinson Rounding of percentage assigned to Culvert (99055) Creek (w. of BTE R.R. 34 130 Toronto St. At Foster Rounding of percentage assigned to Culvert 93505 Creek BTE Post Period Benefit (PPB) The roads and related capital program has been designed to accommodate population and employment growth to 2031, which is the last year in the development charges forecast. It has been noted that the year end population for 2031 is less than what was forecasted in the 2008 DC Amendment Study. To accommodate this change, some roads projects have been removed from the program, recognizing a lower level of growth to 2031. Furthermore, the nature and extent of other projects have been changed to reflect lower levels of residential growth, resulting in project cost reductions. The projects that remain in the capital program are necessary to service the population and employment growth forecasted from 2010 to 2031. Capital Costs The responses to the capital cost increases appear in the order as outlined in the submission. 1.0 Library 1.3.1 Through further refinement of the scope of the expansion to the Courtice Library branch, it has been determined that the expansion will now be sized at 14,000 square feet (versus 8,000 square feet in the 2008 DC Amendment Study) and the retrofitting of the existing space still remains at 6,000 square feet. The automation and theft protection is designed for the entirety of the building, which is now at 20,000 square feet and at $10/square foot yields the capital cost of $200,000. 1.3.3 Similar to the response above, the scope of the project has changed from the 2008 DC Amendment Study where the expansion will now be 14,000 square feet rather than 8,000 square feet. This accounts for the increase in gross cost of the project compared to the 2008 DC Amendment Study. 1.4.1 The 2008 DC Amendment Study only allocated $100,000 per year for additional collection materials whereas the 2010 DC Background Study strives to maintain the Clarington Public Library's collection materials at historic service level. 2.0 Emergency and Fire Services 2.3.1 At the time the 2008 DC Amendment Study was released, the 2008 Fire Master Plan was not yet complete. The need for apparel and protective clothing for fire fighters is based upon the Fire Master Plan. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 4 5.0 Operations 5.2.3 The scope of the Hampton depot expansion has now been refined. It is estimated that the expansion will be 1,400 square feet at a gross cost of $225/ square foot. 8.0 Roads-and Related No. Pro'ect From To Ex lanato Note 48 Middle Road North of Concession The previous capital cost was based on the Goodwin Rd. 3 low bid value from 2007 tender that was Avenue closed but never awarded. Given the passage of time the low bid value has been discarded as no longer relevant and benchmark costs calculated using current data have been utilized consistent with the methodology for establishin ca ital costs for other ro'ects. 47 Mearns Ave. At CPR The Municipality has experienced an Grade Level increasing degree of complexity in both SeparaXion Crossing design/approvals and the construction components of railway grade separation projects. Typically the approvals process has been extensive and the required staging/scheduling of construction activities has become increasingly complex. Additionally, in the vicinity of the project location, as more development occurs and more adjacent infrastructure (roads, storm sewer) is emplaced the challenges associated with constructing a project that may involve railwa diversions will increase. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May l4, 2010 Page 5 Historical Level of Service Replacement Costs The land costs from the 2005 DC Background Study to the 2008 DC Amendment Study had not been altered. Thus, the land values used in the 2010 DC Background Study should be compared to.the 2005 DC Background Study. The Municipality of Clarington has retained a land appraisals consultant to review the current urban and rural land values. The land appraisal report is attached to this response in the appendix. The responses to the replacement cost increases- appear in the order as outlined in the submission. 1.0 Library L • Un-catalogued Materials All the collection material item costs have been thoroughly reviewed and the replacement values used in the 2010 DC Background Study are consistent with the current material acquisition costs, including costs associated with making the materials shelf-ready. 2.0 Emergency and Fire Services • Ladder Truck An error was made in the 2008 DC Amendment Study where the replacement value of the ladder truck should have been $1,1.00,000. As such, there. is no increase in replacement cost in the 2010 DC Background Study. 4.0 Park Development • Brookhouse Parkette • Argent Neighbourhood Park • Guildwood Neighbourhood Park • Guildwood Park Tennis Courts • Guildwood Park Waterplay • Pearce Farm Waterplay • Walbridge Park Waterplay • .Guildwood Park Playground • Pearce Farm Full Court Basketball. • Walbridge Park Full Court Basketball • Barlow Park Tot Lot • Brookhouse Park Tot Lot • Bowmanville Boat Launch Waterfront Asphalt Trail • Port of Newcastle Waterfront Asphalt Trail ' The methodology to arrive at the updated unit costs was to take the projects which have come into the inventory since 2000, and which we have reliable raw data (i.e. payment certificates, invoices- and draws), add 17% for engineering costs (design and contract administration) and inflate the raw data cost + engineering cost from the 4`h quarter of the year the facility comes into the inventory to the 3~d quarter of 2009. An additional 10% for contingencies was not added . to the 17% engineering costs, as the, raw data reflects actual construction costs, inclusive of extra work. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 6 Upon review, it was determined that the replacement values for a few park facilities were entered incorrectly. The following changes have been made. Service Type Appears in 2008 Appears in 2010 Revised to Amendment Background Stud Stud Guildwood Neighbourhood $146,000 $231,000 $209,000 Park Clarington Corners Tennis $39,000 $93,000 $41,000 Courts Guildwood Park Tennis $39,000 $41,000 $47,000 Courts All Outdoor Rinks $3,600 $4,000 $3,770 Clarington Corners Park $36,000 $119,000 $38,000 Green Park . Clarin ton Fields $138,000 $101,000 $119,000 Courtice Ent Feature N/A $109,000 $101,000 In addition to the changes in unit costs shown above, AECOM has performed an additional revision of the replacement values and the following corrections have been made to the inventories: Service Type Appears in 2010 Back round Stud Revised to Pearce Farm Neighbourhood Park $148,000 $105,000 Walbridge Neighbourhood Park $153,000 $169,000 Argent Park Unlit Softball Diamond ~ $95,000 $105,000 Walbridge Park Unlit Soccer Pitch $85,000 $5,000 Guildwood Park Full Court Basketball $38,000 $47,000 The changes to. the unit costs as shown above have the following effect on the Park Development & Related Facilities development charge. Apri12010 Revised Difference Difference Back round Stud Char e $ Adjusted Charge per $360.43 $359 02 - $1 41 - 0 39% Ca ita . . . 5.0 Operations • Small Equipment A more refined inventory count has been taken in the 2010 DC Background Study and has resulted in more than a 10% increase in replacement value. The total value of the small equipment is $464,500 which is 1.7 per cent of the total Operations capital inventory value of $26.8 million. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 7 6.0 Parking • Street Parking Meters This is a more refined cost to reflect the full cost of emplacing street parking meters and includes housing, post, installation and mechanical unit. Historical Level of Service Inventory Upon closer review of the parks inventory, it was revealed that some items were erroneously omitted from the inventory in the 2008 DC Amendment Study. The parkland and facilities that appear now in year 2007 in the-2010 DC Background Study are in the correct years and should be included in this DC Background. Study-and future background studies. The park that was mentioned that increased in size (Clarington Fields Park) is a result of the Municipality developing more of that parkland over time. Treatment of Inventory for Facilities with Outstanding Debt We feel that the treatment of the oversized leisure facilities is fair and complies with the DCA. At the time the capacity was created, Council had expressed their intent that any future excess capacity created as a result will be paid for by development. Hemson has included the facilities in their entirety in the inventory in past Development Charges Studies for the Municipality of Clarington, and is keeping consistent with the 2005 and 2008 Studies. It should also be noted that the funding envelopes for both Library and Indoor Recreation Services had been reduced by the principle portions of debenture. payments that relate to the negative positions of the reserve fund balances. Recognizing that the negative position is related to the committed excess capacity created by the oversized facilities. Application of the 10% Statutory Deduction Hemson Consulting has changed the appearance of the capital program tables for the sole reason of better transparency and clarity. The last page of each Table 1 (with the exception of General Government) will display the calculated maximum allowable funding envelopes, and also the- legislated 10 per cent reduction for all applicable services. The net maximum allowable funding envelope is then brought forward to Table 2. We believe this form of disclosure of the 10 per cent co-payment provides the Municipality better clarity in terms of the portion that must be funded through non-DC sources. Because the legislated 10 per cent reduction was netted off on the last page of Table 1, and the ten-year 2010-2019 capital programs are balanced to this ceiling, it complies with Section 5(1) with the DCA. This form of disclosure of the capital program does not result in an increase to the calculation development charge. Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 8 Prepayments of the 70% Statutory Deduction The Municipality of Clarington has previously paid the 10 per cent co-payment for the Bowmanville Branch Library, Newcastle Branch Library and the South Courtice Arena using non-DC sources. Below is a table indicated the total gross cost of the facilities in question, and the amount that the debentures were issued for. FACILITY TOTAL COST TOTAL 90% SHARE ORIGINAL COST LESS DEBENTURE GRANTS AMOUNT South Courtice $13,319,269 $13,319,269 $11,987,342 $12,000,000 Arena Note 1 Bowmanville $5,637,582 $5,637,582 $5,073,815 $2,745,762 Libra Note 2 Newcastle Libra $3,450,000 $1,205,600 $1,085,040 $1,085,000 Note 1 -Original debenture includes cost of issuing debenture Note 2 -Original debenture also includes part of Town Hall expansion with total debenture = $8,100,000. In this case, we are charging much less than the maximum allowable due to the financial condition of the library development charges Attached are the proof of payments for these portions. Attachment 1 -Urban and Rural Land Values for the Development Charges Study, prepared by Appraisals Group Inc. Attachment 2 -Debenture Schedules for: South Courtice Arena, Bowmanville Branch Library, and Newcastle Branch Library Attachment 3 -Revised DC Rate Tables Municipality of Clarington, 2010 DC Background Study and By-law Response to IBI Group Submission of May 14, 2010 Page 9 ATTACHMENT URBAN & RURAL LAND VALUES PREPARED BY: APPRAISALS GROUP INC. HEMSON CONSULTING ASSIGl'~MENT URBAN AND RURAL .LAND VALUES FOR THE DEVELOPMENT CHARGES STUDY CLARINGTON, ONTARIO PREPARED FOR: MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 PREPARED BY: APPRAISAL GROUP INC. 5620 FINCH AVENUE EAST, SMITE 20.1 TORONTO, ONTARIO, M1B 1T1 March 22, 2010 MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowrnanville, Ontario L1C 3A6 • 11 ~ i Attention: Fa ey Langnnaid, Manager Special Projects Re: BACKGROUND STUDY -MUNICIPALITY OF CLARINGTON 201U DC LAND VALUES REPORT FILE No. 6224 I have been retained to provide urban and rural land values, on a vacant and unimproved basis, for municipally owned facilities such as arenas, community centres, libraries, fire stations, recreational facilities and park development situated in the Municipality of Clarington. Briefly, in 1997, the Province of Ontario passed the Development Charges Act. This Act authorizes municipalities to pass by-laws for the recovery of costs incurred to provide services to new residential developments and non-residential developments. It is understood that a new background study and by-law is required every five years. Clarington Council passed. By-law No, 2005-108 effective on July 1, 2005 in accordance with the directives of the Act. This report is being prepared to update the Development Charges land values for the new background study and by-law to be effective- duly 1, 2010. The urban and rural land values rendered in this report will be applied to municipally owned facilities. It is understood that the land values rendered in this report are not area specific and represent an average price per acre for urban and rural transactions throughout the Municipality of Clarington. I have been instructed to exclude commercial, retail and industrial sites and have confined my search to properties which could be developed with the aforementioned municipal facilities. I have conducted extensive research and have concluded that there has been a paucity of land transactions that meet the criteria within Clarington in the past five years; consequently, I have been. forced to expand my search geographically to include transactions from other municipalities in the Region of Durham. It is understood that there are a myriad of factors which must be considered when evaluating development/redevelopmentsftes especially when the sales transgress municipal boundaries. It is axiomatic that location exerts the greatest influence an price. 5620 FI1\'CH AVENUE EAST, SUITE 201, TORONTO, ONTARIO,. M1B iTl TELEPHONE: (416) 444-0454 FAX: (416) 391-2130 DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 2 In Durham Region there appears to be a price hierarchy. For example, similarly positioned sites in Pickering will attract a higher price than an equally desirable property in Ajax and Ajax will typically command a premium over Whitby real estate. This easterly decline in prices applies to Oshawa and Clarington with Clarington being the most easterly and more affordable. For the purposes of this report I have documented the most recent transactions within Clarington and the other municipalities in the Region of Durham that would be suitable for the type of development required. The following charts contain residential land sales, park acquisitions and school site acquisitions.. These sites are the most geimaine to this background study since municipal facilities are typically situated within or in close proximity of built-up areas whether they be within the urban boundary or on the periphery of development in hamlet or village areas. in some municipalities school sites have dual zoning classifications such as InstitutionaUSchool together with a residential zoning classification in case the option to purchase the proposed school site is not exercised. The "school/residential" sites typically have municipal services at the lot line and are well located within the plan of subdivision.. or in close proximity to the infrastructure. The sale price concluded by the developer and the school board is established at the time the option is exercised and is typically derived through appraisal and negotiation. It is understood that prices are current at the time the land is purchased by the applicable school board. Prices are not determinedat the time the subdivision is registered or when the. purchase options .are put in place, since they can change substantially from that date until the purchase date". "Market Value", in these option agreements is typically defined as the most likely sale price of the property, if exposed for sale by a willing vendor to a willing purchaser as a single block of serviced land whose only permissible use is residential in nature at a maximum net density equal to that obtained within the Draft P1a1i. Parkland acquisitions by municipalities are rare since parkland is typically dedicated as part of the subdivision approval process; however, i was able to find one parkland acquisition and it has been included on Chart 6. I have confined my search parameters to sites ranging from 4.5 to 16.0 acres since this spectrum would likely reflect the land requirements for any of the aforementioned municipal facilities. APPRAISAL GROUP INC.. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 3 The research data is as follows: CHART 1: URBAN TRANSACTIONS - CLARINGTON Chart 1 records the most recent sales of sites capable of sustaining a municipal facility in an urbanized as opposed to rural area of the municipality. As shown the sales data ranges from August 2002 #o October 2009. It is important to note that land prices increased markedly in Clarington from 2002 to 2008. During this time horizon Clarington increased its market share, at the expense of the more westerly municipalities of Ajax, Whitby and Oshawa in terms of the number of building permits issued. Clarington issued 701 building permits in 2002. The number ofresidential unit permits reached a peak of 1,015 in 2004 and declined to about 748 units by year end of 2008. It is my understanding housing permits will be less than 700 uziits for 2009. The variance in average sales prices from 2002 to 2009 was 61.6% while CPI statistical data indicates inflation has only increased 14.1% during that time horizon. The variance in property value was primarily due to supply/demand dynamics rather than inflationary pressure.. The. chart also shows the most recent sales depicted as Sales No. 3, 4 and 5 have a mathematical average price of $272,303 per acre. Given the sample size it would be misleading to develop any other conclusions. ------ APPRAISAL GROUP iNC. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 4 CHART 2: RURAL TRANSACTIONS - CLARINGTON Chart 2 tracks rural residential land prices from July 2001 to December 5, 200$. There were no .transactions documented. in 2009. When comparisons are made between the sale prices shown on Chart 1, {Urban Land), and Chart 2, (Rural Land), for the same calendar year it is clear rural land in Clarington sold for markedly lower prices per acre than the urban land. -Based on my computations the discount factor that prevailed. in 2002 and 2003 between urban and Waal land was about -22.5%. The spread increased to about -62.2% in 2006 and has decreased to about -4S% based upon the more recent transactions. According to my research the spread between urban and rural land values in the previous Development Charges Study was -22%. I have ,considered the sales evidence and have concluded that over the past decade there has been a consumer preference shift with regard to .the type and. location of housing sought by prospective purchasers. New home buyers have shown a preference for more westerly locations and have chosen an urban environment as opposed to a rural environment. This assumption is well supported by statistical models that show Clarington has lost market share in housing permits to Pickering, Ajax and Whitby. Unfortunately there have not been sufficient recent rural transactions to ascertain a definitive price level. .Based upon the smaller acreage sales shown above the diminution would appear to be well represented by a discount of 40% of urban land price. per acre. APPRAISAL GROUP INC. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 5 CHART 3 - CONSERVATION LAND TRANSACTIONS - CLARINGTON The above transactions are the most recent purchases ofnon-developable .land by the Central Lake Ontario Conservation Authority. These transactions typically comprise wet land, valley land and land deemed to be too low lying or ecologically sensitive to sustain any type of development except passive recreational uses. In my opinion these sales would not have any application to the Development Charges Land Use Study since the Municipality would not likely construct a public use building or recreational. facility on these lands. Detailed on the following charts are sales of residential development sites, school sites or parkland acquisitions within the specified municipality of the. Region of Durham. The sales have been presented in chronological order and the land use column of each chart. specifies what the sale may be ultimately used for. These charts have been developed for comparative purposes to compensate for the lack of current sales within Clarington. I have computed the average price per acre per year achieved by these sales and have compared them with prices achieved by Clarington transactions in the same year. The underlying hypothesis of this approach is to establish a discount factor which would be used to calculate the most probable price per acre for Clarington's urban and rural lands for the 2010 DC Study in the absence of empirical sales data from Clarington transactions. The data is as follows: APPRAISAL GROUP INC. DEVELOP1v1ENT CHARGES BACKGROUND STUDY - CLARINGTON 6 CHART 4 2002 - 2003 SALES DURHAM REGIOlY 20 26479-0640 November 19/02 $1;370,000 6.053 $226,334 School/residential site, Pickering 2l 16380-0206 November2l/U2 $1,900,000 5.305 $358,153 SchooUresidential site, Oshawa 22 26572-1277 September U/03 $1,340,000 6.256 $214,194 SchooUresidential site, Whitby AVERAGE PRICE PER ACRE $266,176 CHART 5 2004 SALES DURHAM REGION CHART 6 2005 SALES DURHAM REGION 28 26548-1.976 June 6/OS $1,785,OOQ 6 29 26483-0710 June28/OS $1,665,000 5.94 30 26482-0024 .September 9/05 $3,925,000 20.07 AVERAGE PRICE PER ACRE SC}IOOL SITE5 PRICE PER ACRE -PARK LAND OUTSIDE PLANS OF SUBDIVISION $297,300 SchooUresidential site, Whitby $280,000 School/residential site, Whitby $195,56? Park land in Ajax $288,750 $195,567 APPRAISAL GROUP INC. AVERAGE PRICE PER ACRE $249,362. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARtiVGTON CHART 7 2007 SALES DURHAM REGION CHART 8 2008 SALES DURHAM REGION CHART 9 2009 SALES DURHAM REGION 'APPRAISAL GROUP INC. AVERAGE PRICE PER ACRE $252,267 AVERAGE PRICE PER ACRE $405,225 AVERAGE PRICE PER ACRE • $441,700 DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 8 CHART 10 COMPARATIVE DATA -URBAN LAND VALUE As shown on Chart 10 the discount factor for Clarington urban property sales relative to similar property transactions in Ajax; Whitby and Oshawa has increased from 21% to at least 32..5% over time. It is recognized that the sampling of transactions is quite small and relies heavily on the assumption that all negotiated paces represent "fair market value". As stated in the text below Chart 1 Clarington appears to be losing market share for residential units to the more westerly municipalities and this factor has operated to suppress land values in the municipality and increase the discount rate. Based upon my research the current discount rate for urban land/development sites would be equitably represented by a discount factor of 35% ofthe last three year average of the Durham sales. This calculation yields an average price of $246,500 der acre which equates to about $600,000 per hectare. For the purposes of the above calculation I have used a three year time horizon from 2007 - 2010. In my opinion this approach is justified by statistical data such as the CPI Index and Toronto Real Estate Board Average Paces for the E17 District which includes Bowmanville. The data is as follows: T!~ 12~rttkt~t:~ts ~ttt~ ~~<ur»er Pz'ic~ Itx~x ~~ t;hepp ~ P1 exc ouc~r~ ~t ~.~ ~~, .~.4: a ~. ~. e'.E.R 1... '~ ! r ~~l,.^ 13.t.~ t ~. i !~1 „4.:1:1 :" >~ ~.5~r.'~,f #el ~~}~:E ~. APPRAISAL CROUP Ih7C. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 9 As shown above the CPI Index in 2007 was stated as being at 1,0%. Inflation carried the CPI Index to 1.S% in January 2008. It climbed to 3.S% in June 2008 and retreated markedly to about 1.0% in January 2009. The index plummeted to -1.0%a in July 2009 and increased almost exponentially to about 1.9% in January 2010. Restated the data appears to indicate that the price of goods as of January 2007, January 2008, January 2009 and January 2010 focused on 1,0% annual average increases which is considered to be very stable. As shown above the average price for detached and semidetached housing in this MLS District increased 2.32% from December 2007 to December 2008. The average price then declined 1.94% from December 2008 to December 2009. In my opinion the Clarington housing market has been fairly stable with prices increasing only 2.12% over the three year time horizon which equates to about 0.71% annually. In my opinion using a three year average to calculate the urban land value is a reasonable exercise since the blended rate incorporates more data, tempers market volatility and incorporates the effect of the recession on land values. Analysis and Conclusions As noted throughout this report there has been a paucity of sales activity in the urban and rural sectors of the Clarington real estate market in the past five years. In my opinion the lack of sales in Clarington would be attributed to a number of factors. Ajax, Whitby and Oshawa were able APPRAISAL GROUP INC. TREB Statistical Data Based upon vear end data as ofDecember 31~ DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON 10 to bring economically priced, fully serviced, residential development land on stream and recaptured the market share that they had lost to Clarington between 2002 and 2006. This factor along with the expansion of Highway 401 to Whitby, escalating gasoline prices and a recession that. prevailed from the last quarter of 2008 and well into the third quarter of 2009 likely account for the lack of sales in Clarington. In developing the urban and rural values I have had regard to historical and more recent sales data from Ajax, Whitby and Oshawa and have mathematically computed a discount rate which would be applied to sales occurring in Clarington in the same year. It should be noted that the urban and rural values should not be construed as definitive. but can be refined as more sales are conducted. Having regard to the preceding the non-area specific land values are: URBAN LAND.. VALUE: $246,500 per acre or $600,000 per hectare (-35% of Durham Land Sales) RURAL LAND VALUE: $147,900 per acre or $36S,4S6 per hectare (-44% of Clarington Urban Land Value) This consulting assignment is subject only to the assumptions and limiting contlitiorts listed in the report, and the report identifies all of the limiting conditions (whether imposed by the terms of the assignment or by the app:•aiser, see SCOPE OF WORK in the Addendune). APPRAISAL GROUP INC. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON I 1 CERTIFICATION AND FINAL ESTIMATE OF VALUE THE APPRAISER HEREBY CERTIFIES ON THE 16TF1 DAY OF MARCH, 2010 THAT: • To the best of the appraiser's knowledge, the information reported is true and factual and has been verified where possible; • The report is subject only to the assumptions and limiting conditions listed in the report, and the report identifies all of the limiting conditions. (whether imposed by the terms of the assignment or by the appraiser), represent my personal, impartial and unbiassed professional analysis, opinions and conclusions; • .The appraiser has no past, present or contemplated interest in the property appraised, no personal interest with respect to the parties involved, and has no bias with respect to the subject property or the parties involved in this assignment; • Neither the employment to make the appraisal. nor the compensation is contingent on the amount of the valuation reported; • The consulting report has been made in conformance with the Canadian Uniform Standards of Professional Appraisal Practice (CUSPAP) adopted by the Appraisal Institute of Canada which body has the right to review this report; • I have the knowledge and experience to complete the assignment competently; • No one provided significant professional assistance to me in the preparation of this report; • The Appraisal Institute of Canada has a Continuing .Professional Development Program for designated members. As of the date of this. report I have fulfilled the requirements of the program; • The undersigned is a member in good standing of the Appraisal Institute of Canada; • Based upon the data, analyses and conclusions contained herein, the estimated vacant and unimproved urban and rural land values for the DC Study, as at March 12, 2010 are: URBAN LAND VALUE: (-35% of Durham Land Sale Value) $246,500 per acre or $600,000 per hectare RURAL LAND VALUE: (-40% of Clarington's Urban Land Value) Sincerely, APPRAISAL GROUP INC. $147,900 per acre or $365,456 per hectare ~ ~~ Wayne D. Crawford, AACI, P.App APPRAISAL GROUP INC. .DEVELOPMENT CHARGES BACKGROUND STUDY -'CLARINGTON ADDENDUM APPRAISAL GROUP INC. D£VELOPMENT CHARGES BACKGROUND. STUDY - CLAR3NGTON I2 ASSUMPTIONS AND LIMITING CONDITIONS 1. This report is prepared at the request of the Manicipality of Clarington to provide them with non-area specific land values for urban and rural areas in the municipality to complete the Development Charges Background Study far 2010. It is not reasonable for any person other than Clarington to rely upon this appraisal without fast obtaining written authorization from the client and Appraisal Group Inc. There are qualifications, assumptions and limiting conditions in addition to those set out below relevant to that person's identity or his intended use. The report is prepared on the assumption that no other pennon will rely on it for any other purpose and that all liability to ali such pennons is denied. 2. While expert in appraisal matters, the author is not qualified. and does not purport to give legal advice. Assumptions have been made, no investigation, legal or otherwise, has been undertaken which would verify these assumptions except as expressly noted herein. 3. The author is not a qualified. surveyor. Sketches, drawings, diagrams, photographs, etc. are presented in this report for the limited purpose of illustration and are not to be relied. upon in themselves. 4. Neither possession of this report nor a copy of it carries. with it the right of publication. All copyright is reserved to the author and is considered confidential by the author and his client. It shall not. be disclosed, quoted from or referred to in whole or in part, or published in any manner, without the express written consent of the appraiser. This is subject only to confidential .review by the Appraisal Institute of Canada as provided in the Code of Ethics, Standards of Professional Conduct and .Standards of Professional Practice of the Institute. 5. Market data has been obtained, in part, from documents at the land registry office, or as reported by the real estate board. As well as using such documented and generally reliable evidence of market transactions, it was also necessary to rely on hearsay evidence. Except as noted herein, a reasonable attempt has been made to verify all such information. APPRA.ISA.L GROUP INC. DEVELOPMENT CHARGES BACKGROUND STUDY - CLAR1t~G-CON 13 6. Because market conditions, including economic, social and political factors change rapidly and, on occasion, without warning, the market value expressed as of the date of this appraisal cannot be relied upon to estimate the market value as of any other date except with further advice of the appraiser. 7. The compensation for services rendered in this report does not include a fee for court or hearing preparation or court or hearing appearance,. which mus# be negotiated separately. However, neither this nor any other of these limiting conditions is an attempt to limit the use that might be made of this report, should it properly become evidence in a judicial proceeding. In such a case, it is acknowledged that it is the judicial body which will decide the use of the report which best serves the administration of justice. 8. Recent legislative changes may impact on the amount of realty taxes payable and any adjustments to the value consequent on changes in realty tax have-not been reflected in this report. 9. I reserve the might to amend appropriate sections of this report should additional sales. evidence show the prices relied upon are not representative to the point where they would affect the underlying unit of value used. to measure compensation. 10. This report is only valid if it bears the original signature of the author in blue ink. APPRAISAL GROUP INC. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON I4 DEFINITION OF VALUE For the purpose of this valuation, market value may also be defined as follows: "The most probable price which a specified interest in real property is likely to bring under all of the following conditions: 1. Consummation of a sale occurs as of a specified date. 2. An open and competitive market exists for the property interest appraised. 3. The buyer and seller are each acting prudently and knowledgeably. 4. The price is not affected by undue stimulus. 5. The buyer and seller are typically motivated. 6. Both parties are acting in what they consider their best interest. 7. Marketing efforts were adequate and. a reasonable time was allowed for exposure in the open market. 8. Payment was made in cash in Canadian dollars or in terms of financial arrangements comparable thereto. 9. The price represents the. normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." EFFECTIVE DATE OF VALUATION This valuation applies as of the 12`h day of March, 2010. APPRAISAL GROUP INC. DEVELOPMENT CHARGES BACKGROUND STUDY - CLARINGTON I S SCOPE OF WORK The scope of work encompasses the necessary research and analysis to prepare a report in accordance with the intended use, and the Canadian Uniform Standards of Professional Appraisal Practice of the Appraisal Institute of Canada. In regard to the subject property, this involved the following steps: 1. The salesused in this report have been researched but not inspected by Wayne D. Crawford .from November 2009 to March. 16, 2010. Wayne D. Crawford, AACI, P.App has the knowledge and requisite experience to complete this consulting assignment competently. 2. In developing approaches to value, the market data used was collected from the Appraisal Group Inc. office files, Geowarehouse, Marsh Reports, RealTrack.PropertyReports, RealNet Canada Inc. data, Toronto Real Estate Board MLS and other Appraisers, Realtors, orpersons ' knowledgeable of the subject property marketplace. 3. All of the sales data used in this report has been retained.in my files and can be produced if required to substantiate values. 4. After assembling and analysing the data defined in this scope of work, the estimate of urban and rural land values predicated upon the appraised price per acre was. rendered. APPRAISAL CROUP tNC. Biography Wayne D. Crawford has been an independent practitioner and member of the Appraisal Institute of Canada since 1979. He was granted use of the CRA designation in 1985 and the AACI accreditation in 1988. Mr. Crawford was elected to the Executive Committee of the Toronto Chapter in 1990 .and was Chapter Chairman in 1994, 2003, 2004, 2006. He was elected to National Governing Council of the Appraisal Institute in 1996 and served as a Direc#or on both the National and Provincial Boards until June, 2002. He was the Chairman of a joint committee structured by the Appraisal Institute of Canada (AIC) and 1'Ordre des Evaluateurs agrees du Quebec (OEAQ) to develop "Best Practice" guidelines to modernize the Municipal Grants Program (PICT) forFederal properties across Canada from 2002-2005. He was awarded the title of Fellow by the Appraisal Institute of Canada in February 2008. At the Provincial level, Wayne Crawford has served on the Executive Board, Finance Committee and the AD HOC - Strategic Alliance Task Force. In addition to the preceding Mr. Crawford has delivered Professional Development Seminars on behalf of the Ontario Association and delivers the Liability h~surance Claims Prevention portion of the mandatory Appraisal Standards Seminar. He is currently Vice-Chairman of the Toronto Chapter. He has also delivered lectures to barristers and law clerks for the Law Society of Upper Canada at Osgood Hall on Forensic Appraisals, The Appraiser As An Expert Witness and The Fundamentals of Real Estate Appraisal. He is the President and Senior Parhier of Appraisal Group Inc. which is a Toronto based real estate appraisal firm with a qualified staff of appraisers specializing in all types of real property appraisal including: acquisition & disposal, retrospective valuations, technical & administrative audits, expropriation and damage claim assessment, litigation support, forensic review, highest & best use studies and tax appeals. Wayne Crawford has been actively involved in the Arbitration & Mediation Institute of Canada since 1989 has served on their Strategic Planning Committee, Real Estate Section and Education Committee. He has conducted arbitrations as part of a tribunal and as the sole arbitrator in real estate related matters. Media Source -quoted by the Toronto Star, Globe & Mail, National Post, Country Estate Magazine, Scarboro Mirror, two appearances on Homestyle TV Show (Baton Broadcasting) and Canada AM (CFTO). 5620 Finch Avenue East, Suite 201, Toronto, Ontario, M1B 1T1 Ph: {41 ~ 444-0454; Fax: (416) 391-2130; E-Mail: wcrawford@bellnet.ca WAYNE D. CRAWF RD AACI, P.App, {Fello .President, Appraisal Group Inc.. 5620 Finch Avenuc East, Suite 201, Toronto, Onmrio, M 1 B 1 Tl Ph: (416) 444-0454; Fax: (416) 3)1-2130; E-Mail: wcrawfordQbellnet.ca PRDFESSIONAL .EXPERIENCE 1987-Present 1985-1987 1981-1985 1978.1981 EXPERTISE ONGOING EDUCATION COURSES/SEMINARS President/Senior Partner' Appraisal Group Inc. Senior Appraiser & Consultant Appraisal Group Professional Services. (Canada) Ltd. Senior Staff Appraiser, ICI Division. Warren Stewart & Associates Ltd. Staff Appraiser, Mortgage Appraisal Division Warren Stewart & Associates Ltd. Valuation commercial.., acquisition, purposes, etc. industrial, for lending, feasibility Forensic appraisals-technical & administrative review of appraisals; due diligence studies for litigation Expert witness-Supreme Court of Ontario; Divisional Court of Ontario, Ontario Municipal Board. Arbitration-Arbitration & Mediation Institute of Ontario Media source-quoted by Toronto Star, Globe & Mail, The Canadian Appraiser, Country Estate Magazine, Scarboro Mirrgr appearance on Honsestyle TV show (Baton Broadcasting System)., Canada AM Arbitration I & II-University of Toronto/Arbitration & Mediation Institute of Canada Inc. The Appraiser As An Expert Witness Hospitality Property Valuation Current Value Assessment Power of Saie Valuations Rent Controls & Legislation Fee Appraisers' Symposium Toronto Office Building Market. Appraising Troubled Properties Arbitration, The Forgotten Oppornmity of all property types-residential, investment Bc institutional-prepared disposal, .divorce, partnership dispute, Forensic Appraisal Methodology Standards Seminar Business Valuation Mortgage Enforcement Tenant Protection Aet Hotel/Motel Valuation Title Searching Commercial Banking Outlook Ethics & Professional Standards Page 1 of 2 PROFESSIONAL DESIGNATIONS c~ AFFILIATIONS 2008 Awarded the rank of Fellow by the Appraisal Institute of Canada 2003- 2010 Chairman /Vice-Chairman ,Toronto Chapter AIC 2002-2005 Chairman, Steering Committee, Best Practices In The Valuation Of Specialized Federal Real Property Governed By The PILT Act 1996-2002 Appraisal Institute of Canada, National Governing Council Director, Ontario Association-Appraisal Institute of Canada P.App Designation, Professional Appraiser, Appraisal Institute 1997 of Canada. 1995 Vice-Chairman, Appraisal Institute of Canada, Toronto Chapter 1994 Chairman, Appraisal Institute of Canada, Toronto Chapter 1993-1995 .Education Chairman, Appraisal Institute of Canada, Toronto Chapter 1992-1997 Member, Education Council, Arbitration & Mediation Institute of Ontario Inc. 1992 Member, Strategic Planning Committee, Arbitration & Mediation Institute of Ontario Inc. 1992 Chairman, By-law Conunittee, Appraisal Institute of Canada, Toronto Chapter 1992, Member, Appraisal Institute of Canada, Professional Liability 1996-1998 Insurance Committee 1991-Present Member, Arbitration & Mediation Institute of Canada Inc. .1990-2009 Executive Member, Appraisal Institute of Canada, Toronto Chapter 1988 AACI Designation, Accredited Appraiser Canadian Institute, Appraisal Institute of Canada 1985 Accreditation, Appraisal Institute of Canada {CRA) Page 2 of 2 ATTACHMENT 2 DEBENTURE SCHEDULES HEMSON ~•%--- ---~--- The Regional Municipality of Uurnam . .~, '°~r Schedule "B" to By-law Number 56-2002 The Corporation of the Municipality of Clarington Year Principal -Nov 1 S 2003 536,000.00 Interest - May 1 Interest -Nov 1 $ $ 308,728.25~ot ~rl~t~/o,~308,728.25 Total Payment 1,153,456.50 2004 565,000.00 300,018..25 300,018.25 .1,165,036.50 2005 596,000.00 289,707.00 289,707.00 1,175,414.00 2006 629,000.00 277,489.00 277,489.00 1,183,978.00 2007 663,000.00 263,493.75 263,493.75 1,189,987:50 2008 700,000.00 247,747.50 247,747.50 1,195,495.00 2009 73.8,000.00 230,247.50 230,247.50 1,198,4.95.00 2010 779,000.00 211,059.50 211,059.50 1,201,119.00 2011 822,000.00 190,026.50 1.90,026.50 1,202,053.00 2012 5,972,000.00 167,216.00 167,216..00 6,306,432..00 $12,000,000.00 $2,485,733.25 $2,485,733.25 $16,971,466.50 $5,105,000.00 may be raised by the issue of refunding debentures at the end of 10 years: ~ a ~, n..q~-o ~ Q ~l o. u: s# a o o a- I~ 5 ~+- t 3 8 o ~,.~ C c u i ~~ c.r~ ~ re.r1Q ,~ YTear Princiaa! -Nov 1 Interest- Mav h Interes# -Nov 1 Total Payment 2002 472,000..00 205,.987.50 ~~`~` ~ 205,987.50 883,975.00 2003 488,000.00 198,907.50 198,907.50 883,8:15.00 2004 503,000.00 190.,402,50 190,402.50 883,805,00 ,~ 2005 b24,000.00 180,342.50 180,342.50 884,685.00 200H 548,000.00- 168,552.50 168,552.54 885,105.00 2007 574.,000.00 155,537.50 155,537.50 885,075.00 2008 603,000.00 140,828.75 140,828.75 884,857:50- 2009 635,000..00 125,000.00 .125,000.00 885,000.00 ` ~ ~ 2010. 670,000:.00. 107,537.50 1.07,537.50 ~~ 885,075.00- ~~>` 2011 3,085,000.00 88,693.75 88,693.75 3 262 387:50 ~ , , i $8,100,000.00 $1,561,790.00 $1,561,790.00 $1123,580.00 $2 378 000 of which may be raised by the issue of refundin debentures o r f th , , period not to exceed five years. g ve a ur er MG1F'AAISCHB clarin ton t 1 ~ ~ > ~ " 1 9 ~ `~ ~ ~ - c; 2 C J ~ l 5-~' ~ L~ ~:~ ,~ ~~ ~r.x.~ r ct rL~/ ~~ 0.u ~('~ O (.~1 t 1 L _ 1 ~.~ ~ tiC 7 car 1j.t U l ~ ~~ f (~ ~ ~~ ~ tV~ BORROWER: CLARINGTON . PRINCIPAL: 1,084,000 DATED: 21 NOV 08 TERM; 10 INTEREST PRINCIPAL ------------ INTEREST-------- ANNUAL YEAR RATE 21-Nov-08 21-May-08 21-Nov-08 PAYMENT 2009 2.65 54,000 25,200.49 25,200.49 104,400.98 2010 3.1 55,000 24,484,99 24,484.99 1'03,969.98 201.1 3.5 56,000 23,632.49 23;:632..49 103,264.98 2012 3.9 ~ 58,000 22,652.49 22,652.49 103,304.98 2013 4.2 61,000 21,521.49 21,521.49 104,042.98 2014 4.45 63,000 20.,240.49 20,240.49 103,480:98 2015 4.7 66,000 ~ 18,838.74 18,838.74 103,677.48 2016 4.9 69,000 17,287.74 17,287.74 103,575.48 2017 5.05 73,000 15,597.24 15,597.24 104,194.48 2018 5.2 529,000 13,753.99 13,753.99 556,507.98 ----___-~~ _~.----_-- --______w __ __._..~Y 1,084,000 203,210.15 203,210.15 1,490,420.30 Refinance Amount: 452.,000 Refinance Term: 5yrs Schedules ATTACHMENT 3 REVISED DC RATE TABLES HEMSON W Q V H Z W a O W W 0 W D a U Z Z H Z_ G' V LL O Q V z W a Z } m W Q 2 V Z w a O w 0 a H Z W D N W Q' Z O N _~ m w a C7 m 0 F W N Z O a y W z w Q x v a H Z W D y W d' W ~_ W M O ~ ~ ~ N ~ ~ ~ ~ M IN C E9 6N9 N ~ EN9 ~ ~ a0 ~ M r l9 ~ ~ ~ ~ ~ ~ ~ !0 ~"~ ~ ~ ~ (O M M 00 ~ p~j M p M_ C. _ 6~9 ~ f0 ~ ~ ~ ~ G O N ~ ~ d 64 W ~ !p9 C J ~ ~ p m d Z = • M t0 o~D f00 ~ L~ M Off ~ M O V ~ d d~4 E9 ~ 609 69 ~ ~ p 0 p N ~ ~ ~ w ~ N w _ ~ d ~ ~ 3 a ~ J - H ~ ~ N ~ ~ M ~ 0 M I~ tf) O I~ Of N i- ~ p p O otS EA E9 N N r ~ 69 ~ a0 (O ~ ~ rj ~ N 6 9 E9 W d 9 ~ ~ 1I! fA y v ~ °r° o ~ ~ o o ~ ~ d a i o rn ~ o °r° w 0°v N ~ _ N d `~ dN9 6N9 ~ ~ 6N9 E9 69 00 OD p ~ ~ w ~ ~ r V Q v ' N (D ~ f0 ~ ~ N tD C1 t0 C ` :% ~ M ~ rn ~ rn ~ h N ~ N 7 =~ N N ~t ~ .~} M 69 o o E9 o i 1f1 (O N d ~ d 9 6 9 69 ~ ~ ~ ~ ! 0 ~ ~ V 6 9 ~ C ,c ~ (,~ N d w+ ~U (0 ~ LL ,;, ~ Z O w w ~ a V ~ .' v ~ ~ ~ ~ ~ m W d d i a (n °~ .. ~ U1 ~ W y ~ c c E ~a a= C7 0 c~ LL f0 n m c ~ Q ~ • ots ~ o > d ~ = a N U ~ N ~ ~ ~ C (> O m C a~ ~ 0 ~ rn ~ +'0. ¢ J y ca ~ ~ `o c`o c a~ « v i ~ Q m w ~ m ~ ~ 5 a O d C9 ti ~ z O C9 Z g V W O Q a V z W H W N W Q x U F Z W a O W W 0 W D 3 Q a v z Z _N m a t9 m O W N Z O a W 0' Z w v a z W O N W Z O Z W N S W Q' °o ~ o °o c~ rchi ~ °-' o '~ N d ~ +~+ dam 609 dM9 b09 , 609 6M9 ~ 6~9 ~ N ~ ~ W d ~ ` a m R Q o ~ , V ~ a w. N 3 ~ O OND O O ~ ~ t~ O OOD ~ y d y ~ 609 6M9 H09 609 ~ ~ d9 ~ ~ ~ N H a d ~ ~ 3 '~ ~ -d. C t 7 ~ V N o ~~ N '~ d a `m °~,' a m N d °v t`a e`a Q V ~ ~ O °~ f00 ~ O °~ O 6°9 f~0 ~ c~7 °~ ~ ~ r w N u°~ ~ ~ ~ C = O ONO O O ~ M lM O O ~ Z ~ H O ~ , 6M9 °69 0E9 ~ 6°4 69 w ~ . EA ~ ~^ ~ ~ r s ~ ~ v N W d' W ~ ~ - W . U Q LL ~ v d a~'i ~' ~ ayi N V ~ V ~ W ~ ~ ~ y ~ a w a~ ~ ° ~ °' E c ~ v ~ ~ a d ~ c o °' ~ Q aZi v y a~ c > (~ d ~ ~ _ V ~ ~ ~ ~ ~ ~ rn m :~ Q J ~~ f0 ` 8 ~ ~ C ~ r 'yp H i i ~ w ~ ° i n. o a c~ in ~ ~ • ~r~ n Energizing Ontario May 26, 2010 Durham Region Home Builders' Association King Street Postal Outlet P.O. Box 26064 206 King Street East Oshawa, Ontario L1H 1C9 Attention: Wayne Clark, Director Dear Mr. Clark: Re: Municipality of Clarington Development Charges Background Study Attachment "B" Please find attached our response in regards to your submission dated May 14, 2010 in regards to our 2010 Development Charges Background Study. If you have any further questions or concerns, please contact me directly. Thank you. Yours tcyly, ~, ~ ~ ~~ ancy Tay r, BBA, , Director of Finance/Treasurer. /hjl CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Municipality of Clarington 2010 Development Charges Background Study Response to Submission Received This is a response to a submission received by the Municipality of Clarington from Wayne Clark, Durham Region Home Builders' Association, dated May 14, 2010. Mr. Clark's submission follows the release of the Municipality of Clarington's Development Charges Background Study, April 2010 and associated draft development charges by-law. Issues and Responses The following provides a response to the issues raised in the letter. The responses follow the same order and numbering set out in the letter. Operations Appendix B.5 Table 1 -Page 4 The R1 Van -Speciality is no longer in any of the historical service level years (2000 to 2009) and this line should be removed from subsequent Development Charges Studies. As no vehicle is recorded in any year, this does not affect the maximum allowable funding envelope. Appendix 6.5 Table 1 -Page 1 The size Hampton Operations .Centre has been refined and the square footage of 14,812 is now the correct footprint of the building. Attached are the drawings for the Hampton Operations Centre. The Hampton Storage, Shed was erroneously missed in the 2005 and 2008 DC Background Studies, but should have been included in the historic service level. The Orono Operations Centre and Storage Building are now shown as two separate line entries to denote the difference in replacement values. The change in square footage is due to a more accurate review of the building sizes. Attached are drawings of the buildings. Library The Clarington Public Library now has a better idea of the scope of the Courtice Library expansion. At the time of the release of the 2008 DC Amendment Study, it was recommended that the expansion be 8,000 square feet and through further review, it was deemed that the Courtice community will require a larger space and as such, the expansion was increased to 14,000 square feet. Emergency 8 Fire Services A more detailed review of housing units was undertaken in the Clarington Community Forecasts publication where the historical household figures were extracted. This forecast uses the most current Statistics Canada data and also CMHC data. Municipality of Clarington, 2010 DC Background Study and By-law Response to Durham Region Home Builders Association Submission of May 14, 2010, Page 1 Indoor Recreation The two outdoor pools are now listed under the Indoor Recreation historic service level as the maintenance and responsibility for these pools lies .under the jurisdiction of Community Services. The unit cost for the outdoor pools was indexed using the non-residential building construction index, from the unit cost as seen in the 2008 DC Amendment Study. The 24 percent that was indicated on the submission is the 5-year index factor from 4tn quarter 2005 to 4th quarter 2010. There is no benefit to existing share for the proposed South Bowmanville Complex as it is not replacing any current indoor recreation space. It will be a new facility, in addition to the rest of the current indoor recreation space. Park Development and Facilities The hectare figures for East Beach Properties is not a misprint. The correct size for 2002 is indeed 0.85 hectares and it was incorrect in the previous studies. The correct year for Roswell Park is 2007, this park was erroneously missed in the 2008 DC Amendment Study. Upon review, it was determined that the replacement values for a few park facilities were entered incorrectly. The following changes have been made. The following changes have been made. Park Feature Appears in 2008 Amendment Stud Appears in 2010 Back round Stud Revised to Clarington Corners Tennis Courts $39,000 $93,000 $41,000 Guildwood Park Tennis Courts $39,000 $41,000 $47,000 The methodology to arrive at the updated unit costs for the waterplay facilities was to take the projects which have come into the inventory since 2000, and which we have reliable raw data (i.e. payment certificates, invoices and draws),. add 17% for engineering costs (design and contract administration) and inflate the raw data cost + engineering cost from the 4th quarter of the year the facility comes into the inventory to the 3ro quarter of 2009. An additional 10% for contingencies was not added to the 17% ,engineering costs, as the raw data reflects actual construction costs, inclusive of extra work. The replacement value for Clarington Corners park shelter was the result of a transposition error. The true replacement value should be $38,000 and this has been revised. Such is the same for Clarington Fields where the correct replacement value has been changed to $119,000. Municipality of Clarington, 2010 DC Background Study and By-law Response to Durham Region Home Builders Association Submission of May 14, 2010 Page 2 Additional Information As a result of the review of the IBI Group submission, the charges for Park Development and Related Facilities, and Operations have decreased. Please refer to the IBI Group submission response for details regarding changes to Park Development and Related Facilities unit costs and revisions to the Operations capital program. Attached are the revised development charge rates. Attachment 1-Drawings of Operations buildings Attachment 2 -Revised DC Rate Tables Municipality of Clarington, 2010 DC Background Study and By-law Response to Durham Region Home Builders Association Submission of May 14, 2010 Page 3 ATTACHMENT DRAWINGS OF OPERATIONS BUILDINGS HEMSON v c o L ~ Q~ a, L ~ ~ t fa ~ ~ .p y,. 3 a v . ~ 3 c ~ eo ~ N x v a~ 3 t/1 ~ c ~0 c`o v Q ~ F W M d O M Z Z H Q if1 00 O 00 O ~f t0 o a. Q Q ~ ~ ~ ~ ~ ~ n N ~ T C l 1 0 n -i l l1 e i' { /~ N v~ M t~fl ~N N ~ a~-1 611 ~ ~ -i e r/ tp O O O O O ~ ~G .-I (j tri' ~ ~D ~ v ~c an ~c .~ m 3 O M O 00 tp eO O ~ o d ~ ~ M M ' ,, i Q O 0 ~ c Q ~ ~' Q Z W ~ 'D v ~ W C •3 C ~ C C: m r 0.' 7` ~1 ~ A ~ Q. 1/) ~ d .~ ~ C L ~ o ~ 0 3 ~, a .~ ° ,~ M ,. +7 3 E R ~ ~ a ` o s Q .... a . a 9 Y N J ~,,, tv a n to 0~0 N eN-i V N m 01 t0 ~ N ~ 3 M M N Q1 c ~"' N ~ N a eti1 ~ H 4 v1 t '~ 3 M rrl s °1 N c J ~ ~ 1 ~ ~ C 0 ;~ C 0 t ~ _ ~ V L '~ i+ 41 ~ ~ O S f0 00 ~ a a a o c, o ~ ~*+ 0 0 ` ` ` ` c = c o a a c o o Q" Q ro ~~ . _~ i x~' Q O fir; W u~ W V Q D ~ ' ti ~ ~ N ~ LL ~~ Q Z ~ _ N s 2 _ •,1 'o • rn ; G _J r - f I Y n .~ ;~; OI . ~ ail W '! ( 2 ~ J i ~ d ~ t7 K sots i V N ~ W ~~ 7 d' . W ~ ~~ Z ~ ~ ~o_ 3 y 4. ~• o « y ~ Q F b } ~ I m Y F-' f m~ ~~ l~ ~, ' ~ - ~ rOCYJ WO - YOtlG Nr0 r0..O WG - LP00 MAO ~ a V ~ y ^^ ,, W $ ~) / I x _ tea. • V • O A r f O i ; ~iW N ~ ~` ~ ~~ ~~~ ~ W s.r F ( Z i~w ` .~ d I Y ~ y } bi ..^' ~` o ~ ~ a _; ; _ ~ ~ .- u ! ~ ( i ,p ~ Gi! ~ ~ 3 1: ~ r s UDOO ki0 -,«n •t+ I ~ _ ~ U ~ . ~ N ( ((,, ~ .. ~ iai z L o' a O C:! ., , • ~~ ~ W of r' r m ,~ ~I a N •~I N RRE SAFETY PLAN HAI1+rt''I''ON YMbFdCB D~'OT IraUMCPAl1TY OF CL.AFi~iQTON BARRY • BRYAN ; ~;, ASSOCIATE'S (1991) U~111FD • ~~ ~, SECOND FLOOR PLAN 0 f 10 m b M b ~~ IN THE EVENT OF FlRE: Ensure the fire alarm has been activited. Notify the Fire Department of the emergency condition. Supervise the evacuation of the occupants. Upon arrival of firefighters, inform the Fire Officer regarding conditions in the building and co-ordinate the efforts of supervisory staff with those of the Fire Department. Provide access and vital information to firefighters (e.g. keys for service rooms, elevators, etc.). See that the fire alarm system is not silenced until' the Fire Department has responded and the cause of the alarm has been investigated. LCCiEPD Exrr EXR SIGN ~'' FlRE EXTINGUISHER RRE SAFETY PLAN i~~rrr~oN w~owcs o~oT _ A~JMCPAL.(TY OF CL.AaII.ON BARRY • .BRYAN ; ASSOCIATES (1991) LIMITED • P~eT uMUCO~s STAFF ROOM DELIVERY BAY MENS ROOM E OFFICE - MECH STOCK ROOM OFFICE GARAGE .~ SUPERVISOR /LEADHANO WR MECI~ ~ DEPT ~OMP RECEPTION GROUND FLOOR PLAN o e >o ao z w m f1.fUL- z _ I REPMR GARAGE d ~ x LEOEPD EXIT X EXIT SIGN O FIRE ALARM PULL FlRE ALARM BELL 8 HEAT/SMOKE DETECTOR FIRE EXTINGUISHER i'~::~` EMERGENCY LIGHT EMERGENCY LIGHT (REMOTE HEAD) IN THE EVENT OF FlRE: Enauro the fire alarm has bean activited. Notify the Fire Department of the emergency condition. Supenrise the evacuation of the occupants. Upon arrival of firef"i~hters, inform the Fire Officer regarding conditions In the building and co-ordinate tha eNorta of supervisory staff with those of the Fire Department. Provide access and vital information to firefighters (e.g. keys for service rooms, elevators, atc.). See that the fire alarm system i9 not silenced until the Fire Department has responded and the cause of the alarm has been investigated. -r--.-~ c ~i - r, i s ~~ ~' . Qi ~ u' fy k t ~ n, N . _! Z (/') j W ~I ~ N aI Z~ i ~' i ~~) f VI E /' J_ ' ~ Lai J ~ ~ I r + o U ~ a NI a 1 ~ ~W ~ N~ x ~ O W o Z ~ z -6x2 ~ ~ z O ,~ Z O 0 N ti - ~ Q. Z 2+° a J ~ o ~ _ ~ ~Q a~ F Q Q I fV N M W H N 6 m '2 ~ N ~ O O R 4p z Z z g t1'? p ~ i °o Q~ a ~ ~ ~ \ 0 W Z \~\ ; \ ~ Q ° j aD 1 N_N ~ W Z \i • ~ ~i .J u °- o z 1 ._ ._.__ .............. _.., .. _ ,..~---... ~...~._....... , __,..............,.....~.._..»......_...._...._..__ N NO-,9£ ~- U W .l~~. U N ~ f~ W }~ W ~~ .Z-. O ~ ~~ tZ ' ,., v; .i ~1 N` W Q Q ~. ., o~ Y~ O!. 3~, ~. z J'. tLl OC i =rn ~ ar cD Qs F- ~ a. N W ~ N ~~ <t V} U ~' ~ W ~~ ~~z -o c~ ~ o ~~ Z J CJ ~' ~~O to O ~" .~ v '~~" M _- t+ a ~ ~ I + a8 -~9b ~`- f~ ~~ <-;- f --'f ~~! cl' ~~ N -~, = m ~ m ~ ~ cD rn ~ ~ N W' ~ N ~~./~ W W _~ a -~ Ca ~ X00 o .... i :S ~ n M I ..~. ~ ~ ~ C w +_~ ~ C ~-+ N ~C (/a ATTACHMENT 2 REVISED DC RarE Tae~Es HEMSON W ~ Z ~ ~ ~ 2 m t9Hw ZZOU VOV W W Z ~ ~'W W ~ °a W O d ~ J W V 3 W ~a~ ~ U Q Z F.. ~Z ~ W N W 0' cc M .- N M N ~n ao N ~ ao so ~ o ~ co ~ w = E9 E9 N ~ E9 ~ ~ 69 ~ CV M ~ d E9 fN E9 p ~ ~ N ! 0 v CD M ~ ~ O 0 to ~O I~ M ~ d r ~ ~ ~ ~ t0 ~ ~ M ~ ~ ~ O ~ ~ fV C d M E9 E9 m N M 69 p ~ O~ ~ C ~ 'L ~ J !0 ~ a • m d L C • M (O ODD f00 ~ t~ M OOf ~ p O V ~ y C 6~9 E9 ~ ~ 609 ~ ~ ~ ~ R 0 ~ p - N N <0 3 a+ / r d ~ ~ ~ ~ d ~ 3 a :O 0 '~ + J ~ N et ~t ~ M_ 0 1~ O Of ~ p O ~ ~ 609 ~ N ~ ~ 69 N69 OD CD ~ c'7 ~ H ~ 69 W 69 ~ ~ d _ ~ C y N ~„ ~ n ~ O ~ ~ o o ' ~ ~ ~ m O. ~ ~ ~ N 1~ N ao 0 rn ~ co N co ~ a a~ of N ~ ti . + ,. , f/! ~ 69 69 f 0_ c 69 69 E9 6 9 OD O O p O. {p ~ EA N {A ~ 69 S 'QCi (~ V N (MO ~ cOD ~ ~ N ~ ~ ~ ~D d d f0 . tf) ~ . h ~' I~ CD N O) N Y! d ,r N N ~ M ~ _ 69 ~ 10l~ (~p~ N 7~ d D. ~ ~ ~p d9 69 ~ 69 E9 E9 N {A ~ 69 ~ C t V ~ (,) N Y ~U f9 ~ ~ ~'r ~ Z O y U w ~ ~ V ~ ~ •C ~ Z ~ m W ~ i a (n ~ ~ ~ N -o a W n. y ~ ~ ~ ~ ,~ ~ a C m > ~ c m f0 ~ ~ Q a ~ ~ aUi o ~ c (~ O c 2 V o V ~ 0 ~ ~ O C7 ~ ~ N Q N ~~ ~ ~ ~ ~ o ~ ~ '~ N w .0 'C 03 ~ N m to ~ w ~ a a O a ~ C7 v'~ ~ ~ W a 2 U H Z W a 0 J W w W D J Q a_ V z z H (7 Z Q J V LL O J Q a U Z W Q' F- W w a d y w a N W C7 Q V H z W a O J W W J a Z W D N W z 0 Z Z O N m N a. O C7 m 0 W Z a W Z W Q U F z W D N W Z O z 0 W W O l~0 O O ~ M ~ r O ~ N y ~ d ~« d ~ ~ ~ ~ ~ E~9 E~9 w N ~ :: a d ~ ~ ~ N ~ ~ Q t 3 e V ~ a ,` w fN C O oN0 O O of «~ ~ O ~ ~ d d d ~ ~ ~ 6~9 6~9 ~ E~9 A W ~ ~ N y C d ~ ~ ~l 3 ~ ~ ~ C t 7 V y « tll 7 '~ d w a ~ y d ~ ~ Q t 7 V N O ~ c~D 6M? O ~ O ~ ~ ~ M ~ ~ Efl r N N ~ ~ ~ Vl C ' N O = O O D O O ~ 1M O ~ Z d d ~ 6~R ~ ~ ~ ~ ~ 69 W ~ ~ ~ a ~ ~ d ~ ~ A Q ~ V N W W w ~ °' w ~ U Q ~ ~ ~ ~ d N U ~ V W ~ ~ y a ~ i o ~ ~ a m ~ i ::. E ~ d ~ ~ C ~ j C C7 ~ C V d ~ ~ ~ ~ ~ rn N :~ y J v ~ ~ o c`o ~ N O v Fa- w ' ~ il ~ ~ a O a C7 v ~ ~ ATTACHMENT "C" Moved by Seconded by THAT Report FND-013-10 be amended as follows: That Recommendation #2 be deleted and replaced with 2. THAT the Development Charges quantum for both Residential and Non-Residential charges be approved as follows, subject to annual indexing: TYPE July 1, 2010 Jan 1, 2011 July 1, 2011 Residential Single, Semi and Link $14,143 $14,500 $14,500 (per unit) Low Density Multiple $12,329 $12,630 $12,630 Large Apartment $9,700 $9,963 $9,963 Small Apartment $6,152 $6,316 $6,316 Non-Residential Commercial and Institutional $55.20 $55.20 $59.44 (per square metre) Industrial $30.24 $30.24 ~ $30.24 Clat"lll~'t011 M E M O Leadang the Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: C. Anne Greentree, Deputy Clerk Date: May 28, 2010 Subject: .COUNCIL AGENDA -MAY 31, 2010 Please be advised of the following regarding Monday's meeting: DELEGATIONS See final list of Delegations attached. CORRESPONDENCE Correspondence for Direction D - 14 D. Harvey and S. Ostrander, respectfully suggesting that the Municipality of Clarington participate in dredging the Newcastle Bond Head channel in the area of the public boat launch for the benefit of both residents and visitors alike; advising that the municipally-owned parkette, public boat launch and pier are used regularly and increasingly at Newcastle Bond Head by individuals of all ages and abilities; suggesting that it would seem reasonable that the Municipality contribute to the costs of maintaining the area both on shore and in channel to support the recreational pastimes of its residents and to foster the economic spinoff for the development and business community by ensuring visitors from the lake have safe and convenient access to the community; advising that currently there is nowhere for a boat to get safely off the lake between Oshawa and Cobourg, other than Newcastle; and, submitting that waterfront assets are every bit as deserving of the municipality's financial support as any other recreational pursuit such as arenas, baseball diamonds or community pools and that Lake Ontario, Bond Head, the pier, the boat launch and the channel also make Clarington the wonderful place that it is. (Motion to advise of action taken regarding Unfinished Business #1 -Resolution #C-201- 10 -Regarding Dredging of Bowmanville Creek) 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 PAGE 2 D - 15 Chris Clements, expressing concern that the Kaitlin Group has raised docking fees at the Newcastle Harbour for certain owners of boats that draw more than 5 feet in depth; that as a private enterprise/business, he does not feel that Kaitlin should be entitled to government funding or that the residents of Clarington would benefit by this; indicating that there is a public boat launch on the other side of the channel which can only handle small boats that only require three feet of water and would not require dredging; and, suggesting that it appears that Kaitlin only wants Kaitlin homeowners to use the harbour as residents who purchased homes from Kaitlin, did not have to pay the surcharge. (Motion to advise of action taken regarding Unfinished Business #1 -Resolution #C-201- 10 -Regarding Dredging of Bowmanville Creek) D - 16 Bill Harford, requesting that the Municipality provide assistance in the matter of dredging out the Bowmanville Creek and harbour entrance; advising that Port Darlington has been known not only as a destination for boaters but also a harbour to escape of out stormy Lake Ontario but currently the entrance is badly silted and is a danger; indicating that in previous years the Federal government dredged it out ,improved the east break wall and have maintained a navigation light at the end of the west break wall; suggesting that the Municipality investigate potential opportunities for Provincial and Federal funding as the harbour is a tourist attraction that brings revenue and visitors to Clarington; and, requesting Council's support of the project and the establishment of an ongoing program to ensure the harbour and creek up to the public launch site remains safe and navigatible for small craft. Mr. Harford also feels it would be in the Municipality's interest to assist in Newcastle as well. (Motion to advise of action taken regarding Unfinished Business #1 -Resolution #C-201- 10 -Regarding Dredging of Bowmanville Creek) D - 17 Kerry Meydam forwarding comments on Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 advising that she has no problem with the recommendation to include additional employment lands in south Courtice; however, she is in complete agreement with the Province in their draft decision to remove the Special Study Areas 3 and 4 (the "finger" in North Courtice) from the Regional Official Plan; requesting that Council consider that Planning Services staff have consistently opposed the inclusion of Special Study Areas 3 & 4 in Courtice within the expanded urban boundary; indicating that there are no services in the special study areas and suggesting that efforts be concentrated on CLERK'S DEPARTMENT MEMO PAGE 3 expanding services to the areas south of Highway #2 to include both residential and employment lands as those areas are more easily serviced, close to Highway #2, Highway 401 and the Highway 407 link; and, urged Council to stop the sprawl into sensitive areas to the north. (Motion to advise of action taken regarding Staff Report #1 -Report PSD-067-10 - Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128) ~' . Anne Greentree, CMO Deputy Clerk CAG/cf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads FINAL LIST OF DELEGATIONS May 31, 2010 a) Bob Kreasul -Resolution #C-201-10 -Regarding Dredging of Bowmanville Creek (Unfinished Business #1) b) Linda Gasser -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 (Staff Report #1) c) Libby Racansky -Report PSD-067-10 -Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing's Draft Decision on Regional Official Plan Amendment No. 128 (Staff Report #1) ONTAR ��w� � Opera tional IOUpdate — May 31 2010 GENERATION Stu Seedhouse Senior Vice President Darlington Nuclear V imrftk 1p , 41'4 Ilk- m N ^ /~ \ /1 ~ ~ ~ ~~°'~'~;, ~~ / VI ~^ ~ ~ ~ O ,. ~ . , ~~ ~ ~- !"F` AA++ ~^ ~ i~I~ ~- ~ ~ O ~. ~ ~ ~' n .. ~ p ~ cD ~ ~ ~ ~ ~ _. ~ O ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ _ . ~ ~ ~ ~; ~ -' ~ ~p -• ~- ~ ~ ~ ? ~ ~ -• ~ ~D ~ ~ ~ ~ ~ . -' ~ ~D O ~ ~ ~ _ - _ ~D ~~ L O ^~ L r~7 .~ LL O c~ O .~ O ca .~ L .~ O ._ O O 0 .~ L O O r O Q .v .~ a u ~ ~ 3 i Q O ~ ~ ~ ~ O ~ _ O .~ + ~ ~ ~. •~ O ~ ~ ~ •- ._ + O .~ ; ~ ._ ._ ~ .~ ~ ~ ~ ~ ca ~ , ~ . ~ ~ ~ ~ O L ~ ~ ~ ~ ~ O ~ + Q •.. t/~ ~ ~ ~ 'i ~+ ~ . ~ ~ O ++ +~ V ~ L ~ ~ ~ O ~ ~ ^~ ~ li .= to 3 W ~ ~ p o n o C~ C~ ~ ~ w 0 o m Q ~ ~ p ~ ~ r- -• ~, ~ ~ ~ ~p ~ Q. ~ ~ n ~' ~ Im o = ~ ~ ~' , ~' ~ o _. ~ c~ ~ O ~ o ~ C~ ~ ~, ~ .. O ~ ~ ~ ~ tQ 10 ~ c~ ~ cc o ~ -' ~ O ~ v ~ ~ ~ ~ ' . o ~ ~ o c~ ' ~ ~ ~ ~ ~ -~ • cn ~ . ~ ~ ~. y. f ~/ ~` .d~.axa. F'.. • • s ~~ ~ ~ _ L ~ ~ ~ V ~ •+ ~..r L = V ~ ~ ~ ~ ~ ~ ~ ~ ~~ 3 0 ~ ~ ~ _ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ .~ .~ O Q ~ W ~ v ~ o~ N ~ ~ v v ~ ~ ~ ~ ° - _. c~ < ~ ° - _. c~ o c~ ~ ~ ~ ~ O ~ ~ o ~ V O O O ~ O A O - I ^ ~^ ~ ^ 1. ~ _ ~ ^ O • ~ O ~ _ ~ O ~^ ~ ~ ! a O O O ~ ~~ _ ~ Q ' (` ~ ! a O 4~ r, r y F~ r_ 0 t H O N I I 0 ,o •-+ i V D 0 ._ L O O 0 N c~ .~ O o O ~ M CO ~ ~ ~ _ ~ II ~ II ~ _ ~ ~ ~ L ~ ~ ~ ~ a o~ ~ c~ ~ s ~ ~ > ~ ~ o n ~- - ~ a~ J }' _ ~ ~ ~+ •- _ ~ ~ '~ > ~ V ~ v ~ ~ ~ L ~ V O ~ ~ ~ ~ ~ LL V ~ m ca ^ ^ ^ ^ r~ !1111 R If Darlington Water Release review Support for Pickering's Vacuum Building Outage Darlington Unit 4 outage complete; Unit 2 outage this fall Nuclear Response Force transition continues Darlington New Nuclear Environmental Assessment/ Licensing activities continue M OWN 4 .- A v 9 ~+ s a~ 0 c~ 0 0 ._ c~ 3 ._ V O 0. O V as .~ a~ 0 ca 0 a W .~ V a~ s as 0 W H ^ ^ ^ a~ ~~ ~; ~ ~, ~ .. ~ . ~ o o ~ a~ N ~--+ ~ . ~ ~ - ~ •i + ~ ~: L ~ ~~ ~ ~ ~ ~ ~ Q ~ acne ~ iQ-~u, ~ ~ ONE n-OcnT O W c..~ C ~+rC o ~w ~~p(0 Oo ~~ ~ O O U t,__1... Olpw, : 4.-" OR Thank you Comments on Re # PSD-067-10 by Libby Racansky, May 27, 2010 EXHBR S TO REGIONAL OFFICIAL PLAN AMENDMENT . ~ OFFICUIL PLAN OF THE ~ REOIOMAL MUNICIPALITY OF DURHAM Special Study 1 ® . I ~ -• scHEDULE 'A'-MAP'A6' ~ REGIONAL STRUCTURE ~ { E t d d k ~ 4E~ ItlW~vlY ' ~~ x en e ,~ _,~,: ~R ~a- ~ boundary by ' ~~ .- ii~a -...-..,-.~- ;~ .._ ~'- _ ~- ~~ ~ ._..o.-,-.~- . .~~_..~ Region was ~ ~ - ~ --~-o ...~ml _..~..-.__w introduced by ~. ,Y' =~ ~ ~~~ ~-° _ _ ~ :~ ~ ~'"'~'°`°""°" Schedule F , ~ Courtice Rd - - I ' ~ °"""' . ~, -,~ I ~ nY,~ - .. -2.-.,.~. ___ - ...._~: __ . eo,L.M.. - - O ~°...~.,. O ~--AO.. ~ . ~ IPrtwl INNINIMRY NM£ ~_. _~ URNW RESpDRNL ~ ~ uRaw RERDFNIVL YEVeN oustt L RTaRtxiYa Wa NMItt RFSYDnw - Yw cDmw .nv. - we-cDrtw~ ANu - I.mk cDnFn .RV, ~ oou°CNYE~"cu~H00° - waNAr cawERCYE - O1~PLQ~lMNI AREA - INWgINyy /MA IY~wsI~R A~ - uREm DM1pNYDRAI MMECtIY1 ANI, - ORF.11 SPAL - WAiflYRprt GREDM'A - CDNNWtt PARK • OESIIRCt PNN( • NfD11PpFID00 RAm 5[COIDUM ECNOOL 2[ SDAMiE 1/ SECVIpMI SGIOOL i turc mliml Compare the mapping -above Regional OP; right -provincially significant wetland; Below- Clarington OP; right -high water table & sensitivity, darker the colour, more sentivity; Red arrow pointing to Courtice north; white colour below depicts not sensitive Courtice south. Question: Which land is more suitable for development? Sensitive Courtice north with no services or not sensitive Courtice south with services?