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HomeMy WebLinkAbout11/04/2013 clarington Leading the Way COUNCIL AGENDA DATE: MONDAY, NOVEMBER 4, 2013 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation/presentation to a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may also be video recorded. MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETINGS Minutes of a regular meeting of Council October 21, 2013 PRESENTATIONS a) Michael Patrick, Chair, Sustainable Clarington Community Advisory Committee — Task 1 and 2 Report DELEGATIONS There are no delegations scheduled as of time of publication. COMMUNICATIONS Receive for Information 1 - 1 Minutes of the Central Lake Ontario Conservation Authority dated October 22, 2013 1 - 2 Minutes of the Clarington Heritage Committee dated October 15, 2013 1 - 3 Minutes of the Agricultural Advisory Committee of Clarington dated October 10, 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Council Agenda - 2.- November 4, 2013 1 - 4 Minutes of the Clarington Safe Communities Advisory Committee dated October 17, 2013 1 - 5 Debra Nicholson, Local Area Manager— Durham, Canada Post— Potential Saturday Closure and Realignment of Weekday Hours at the Orono Post Office 1 - 6 Agatha Garcia-Wright, Director, Environmental Approvals Branch, Ministry of the Environment— DurhamNork Energy-From-Waste Facility 1 - 7 Darlene Bastianelli, Executive Director and Andrea Russell; Chief Development Officer, Bowmanville Hospital Foundation — Letter of Appreciation for Support of 27th Annual Harvest Ball, "A Night of a Thousand Stars" 1 - 8 Ron Robinson, President, Clarington Board of Trade and Office of Economic Development (CBOT) — New/Replacement Reactors at Darlington Nuclear Generating Station Receive for Direction D - 1 Lisa Roy, Orono Santa Claus Parade Chair— Request for Permission to Host 2nd Annual Orono Santa Claus Parade D - 2 Steven Davidson, Deputy Minister, Ministry of Tourism, Culture and Sport - 2014 Premier's Awards for Excellence in the Arts D - 3 Marie Sforza — Request for Extension of the Use of Temporary Living Quarters D - 4 George Franklin —Trulls Road Noise and Traffic Counts D - 5 Ted Watson, Chair, Agricultural Advisory Committee of Clarington — Request to Hold the Farmers Parade of Lights, D - 6 Jayme Harper, PFLAG Canada Durham Region — Request for Proclamation of "TDoR—Trans Day of Remembrance D - 7 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPE) — The Future of Canada Post D - 8 Dave Bryans, CEO, Ontario Convenience Stores Association, (OCSA) — Fight. Against Contraband Tobacco D - 9 Donna L. McLarty, Town Clerk, Town of Richmond Hill - Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety "Working Group Communique" D - 10 Donna L. McLarty, Town Clerk, Town of Richmond Hill - Freedom of Expression and Religion in Public Places in Ontario Council Agenda - 3 - November 4, 2013 COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of October 28, 2013 STAFF REPORT(S) 1. Report COD-026-13 - Tender CL2013-26, Green Road & CPR Grade Separation (To be distributed under separate cover) UNFINISHED BUSINESS BY-LAWS PROCEDURAL NOTICE(S) OF MOTION OTHER BUSINESS CONFIRMING BY-LAW ADJOURNMENT r�in n reQar�grr�erray Council Meeting Minutes OCTOBER 21, 2013 Minutes of a regular meeting of Council held on October 21, 2013 at 7:00 p.m., in the Council Chambers. Councillor Traill led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor W. Partner Councillor C. Traill Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Corporate Initiatives Officer, C. Clifford Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of Finance/Treasurer, N. Taylor Communications Coordinator, J. Vreeker, attended until 7:45 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Councillor Partner announced the following: • On October 5, 2013, the Municipality hosted the Region's e-waste event where 4.09 tonnes of waste was diverted • On October 26, 2013, the Region of Durham Hazardous Household Waste event will take place at the Operations Depot, 178 Darlington/Clarke Townline Road between 8:00 a.m. and 12:00 noon. A local food bank will be collecting non-perishable food items Council Meeting Minutes - 2 - October 21, 2013 • October 27, 2013, County West CD Release Party at the Newcastle Community Hall at 7:00 p.m. • Annual Christmas Bazaar at the Kendal Community Hall on November 1, 2013, from 8:00 a.m. until 4:00 p.m. • November 9, 2013, Remembrance Day Service in Newtonville at 10:30 a.m. • November 10, 2013, Remembrance Day Service in Orono at 1:15 p.m. • November 15, 2013, Jackie Kent Extravaganza at the Newcastle Community Hall from 5:00 p.m. to 9:00 p.m. • Newcastle Santa Claus Parade on November 17, 2013, at 5:30 p.m. • 2nd Annual Santa Claus Parade in Orono on November 30, 2013 Councillor Traill announced the following: • Business and Professional Women's Club Bowmanville will be hosting an Evening of Celebration and Fun on October 22, 2013, at the Sarah Jane Williams Heritage Centre in celebration of Women's History Month including dinner and silent auction with BPW GTA Annual General meeting following the event • October 24, 2013, historical presentation by Charles Taws, Archivist, on Port Darlington and the Mighty Great Lakes at 7:00 p.m. at Bobby C's Gazebo • She welcomed David McDonald, Franny Jewitt and Dr. Brenda Gallie, Impact Genetics, a division of Gamma Dynacare, a new business moving to 1100 Bennett Road • She expressed appreciation to Jennifer Cooke, Manager of Communication and Marketing for the report on hosting the NASCAR event, noting the attendance at the three-day event was 72,538 of which 25% were local attendees, the estimated visitor spending was $17,222,603 approximately $237 per visitor, 139 total jobs were created and the event had the second largest television viewing audience behind the NFL Councillor Woo announced the following: • County West CD Release Party on October 27, 2013 • October 27, 2013, Newcastle United Church Concert "One Song Two Voices" featuring Joanne McLennan Choir Master and Terry Head and Choir • Firehouse Youth "Fright Night" at the Bowmanville Zoo from 6:30 p.m. to 9:30 p.m. on October 19, 25 and 26, 2013 Councillor Hooper announced the following: • Sylvia Ruegger was in attendance at the Scotiabank Toronto Waterfront Marathon on Sunday when Lanni Marchant finished 3`d in the Elite Division, breaking Sylvia's 28 year-old record for running the fastest marathon • He extended appreciation from the Applefest Committee to the Operations Department for their efforts in helping with Applefest and other special events Council Meeting Minutes - 3 - October 21, 2013 • October 24, 26, 31 and November 2, 2013, the Beech Street Theatre Company will present "Franken's Hyde" at Maddy's Pub. Dinner at 6:00 p.m. with show at 7:30 p.m. • Joey's World is hosting a family Halloween Party on October 28, 2013, starting at 3:30 p.m. • A number of Halloween events have been scheduled through the Clarington Older Adult Association Councillor Neal announced that on Thursday, October 25, 2013, Clarington Museum and Archives will host their Volunteer Appreciation Night for Museum volunteers at the Sarah Jane Williams Centre. Councillor Novak announced the following: • She extended congratulations to Gord and Garry Geissberger, Geissberger Farmhouse Cider Inc., for receiving the prestigious Leaders in Innovation Award from the Honourable Kathleen Wynne on October 7, 2013 • LibEx, the Library Experience Exhibition at the Bowmanville Branch, Clarington Public Library on October 26, 2013, from 10:00 a.m. to 2:00 p.m. • Public Information Session for Proposed Street Name Change in the Clarington Energy Business Park on October 28, 2013, 7:00 p.m. South Courtice Arena • 2nd Annual Purplicious Event in support of Epilepsy Durham on October 23, 2013 • Durham Region will be testing the Public Alerting System installed within the ten kilometre area around the Darlington Nuclear Generating Station during' regular daytime business hours on October 23 for indoor testing and October 24, 2013 for outdoor siren activation • Region of Durham launch of the Durham Trails interactive on-line map offering views of trails and open spaces in Durham Region • "Do the Math" Film Night about the rising movement to solve the climate crisis and Panel Discussion by experts from UOIT and Trent University on October 24, 2013, from 7:00 p.m. to 9:00 p.m. at Trent University Oshawa Campus • Grand re-opening of Curves in Courtice on October 25, 2013 Councillor Novak also advised that Dale Gibbons, delegation (b) has indicated that he would not be in attendance this evening and has requested to address Council at the next General Purpose and Administration Committee meeting. Mayor Foster announced the following: • He extended congratulations to Garry Cooke on receiving the Ontario Medal for Good Citizenship for his efforts in helping to create the Clarington Project, an activity centre offering recreational and educational activities for persons with development disabilities in Durham Region Council Meeting Minutes - 4 - October 21, 2013 • Poppy Flag-raising Ceremony on October 24, 2013, at.9:00 a.m, at the Bowmanville Cenotaph • Bowmanville High School Graduation Ceremonies at 7:00 p.m. on October 25, 2013 • Children's Aid Foundation Annual Gala at the Ajax Convention Centre on October 26, 2013 • Big Brothers Big Sisters of Clarington Gala Event at the Beech Centre on November 2, 2013 • Dave Lawson has stepped down as President of the Bowmanville Creek Anglers Association but will continue with his work in the valley. Mayor Foster indicated that Sunday was the last day of moving fish and noted that 10,700 fish had been moved over the dam • He expressed appreciation to all volunteers and staff for their assistance with various community events such as the Harvest Ball, Sports Hall of Fame, Applefest and the Juried Art Show • Durham Mayors and the Regional Chair will be meeting with Premier Kathleen Wynne and the Honourable Bob Chiarelli, Minister of Energy regarding the recent announcement not to proceed with New Build at the Darlington Nuclear Generating Station Resolution #C-332-13 Moved by Councillor Traill, seconded by Councillor Partner THAT the minutes of a regular meeting of Council September 30, 2013, be approved. "CARRIED" PRESENTATIONS Chris Newman, Firehouse Youth Centre and Maria Perrino and Brian Sibley, John Howard Society of Durham presented a Community Appreciation Award to Mayor Foster and Members of Council in recognition of the Municipality's outstanding support and assistance during the John Howard Society's past 50 years of work in Durham Region. DELEGATIONS Prior to the meeting, Jordan McCormack advised she would not be in attendance. Jim Richards addressed Council concerning Correspondence Item D — 11 — New Logging Practices Policy for the Ganaraska Forest expressing concern that the Ganaraska Region Conservation Authority (GRCA) is permitting major logging operations to occur during the breeding season for migratory birds and are not managing the forest according to Best Management Practices. Mr. Richards stated that migratory breeding birds are protected in Canada under the Migratory Birds Convention Act (MBA) 1994 and other Provincial and Federal legislation. He advised he became aware of the logging operations on June 6, 2013, and while his initial Council Meeting Minutes - 5 - October 21, 2013 inclination was to have charges laid against the GRCA, he agreed to a meeting with GRCA staff and the loggers and felt the outcome of the meeting on June 10, 2013, was positive. Mr. Richards stated he is now aware that the GRCA intends only to scale back operations under proposed guidelines and he feels this is simply not good enough. Mr. Richards urged Council, as a stakeholder, to adopt a resolution endorsing both a timeframe for harvesting as well as instilling Best Management Practices within a policy, to share their concerns with the other six Municipal stakeholders, and to recommend to the GRCA that they recognize the MBA regulations and protect those bird species in question. Earlier in the meeting, Councillor Novak indicated that Dale Gibbons would not be in attendance this evening. David Forrester and Don Wright addressed Council concerning Staff Report#1 - Report COD-024-13 —Volunteer Fire Mandatory Retirement at Age 60 — Policy Review. Mr. Forrester stated he was addressing Council this evening based on a perception that fire fighting is one of the most stressful jobs; however, he advised that a listing of America's deadliest jobs does not include fire fighters, police or military. He feels that statistics can be manipulated to arrive at the desired outcome. Mr. Forrester stated in his career as a volunteer fire fighter, he has never seen a part-time volunteer fire fighter die on or shortly after a fire session. He stated Clarington Emergency and Fire Services has a fresh air protection program so that exposure to toxic material is now being eliminated and with other information and protection, the exposure to toxins will decrease. Mr. Forrester feels that improved medical intervention and better living has contributed to better lifestyle changes that can be maintained in the future. Mr. Wright expressed concern that the Volunteer fire fighters were not consulted or provided a copy of the policy on mandatory retirement at age 60. He stated he has gathered information from surrounding townships and confirm that volunteers are permitted to remain after the age of 60. Mr. Wright stated he has volunteered for 28 years and stated there was never an issue of a volunteer working past age 60 until it was incorporated into the full-time collective agreement. Mr. Wright stated volunteers are a great asset to the municipality as they are dedicated and trained to the same standards as full-time fire fighters. He confirmed that they are only paid for the time they are needed and are willing to do the job day or night. He acknowledged that heart attacks and cancers are a greater threat to fire fighters than to the general public but they don't discriminate by age, and he is still willing to serve. Resolution #C-333-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Council recess for ten minutes. "CARRIED" Council Meeting Minutes - 6 - October 21, 2013 The meeting reconvened at 9:00 p.m. COMMUNICATIONS Resolution #C-334-13 Moved by Councillor Novak, seconded by Councillor Neal THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 2, 1 - 7, 1 - 8 and I - 12. "CARRIED" 1 - 1 Minutes of the Sustainable Clarington Community Advisory Committee dated September 19, 2013 1 - 3 Minutes of the Clarington Museums and Archives dated September 11, 2013 1 - 4 Minutes of the Ganaraska Region Conservation Authority dated September 19, 2013 1 - 5 Minutes of the Newcastle Community Hall Board dated June 18 and August 20, 2013 1 - 6 Melodee Smart, Administrative Assistant, Works Department, Regional Municipality of Durham, forwarding copies of the following documents, in accordance with the Notice of Approval to Proceed with the Undertaking regarding the Amended Environmental Assessment for Durham and York Residual Waste Study, Condition 3 Public Record: • Letter to the Ministry of the Environment dated September 24, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Durham/York Energy from Waste Project, Draft DYEC Spill Contingency and Emergency Response Plan (MOE File No. EA-08-02) • Draft Durham York Energy Centre Spill Contingency and Emergency Response Plan (September 2013) • Letter to the Ministry of the Environment dated September 20, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Durham/York Energy from Waste Project, Third Party Independent Audit Report#3 (MOE File No. EA-08-02) • Durham York Energy Centre Construction Phase Audit#3 (September 2013) • Erratum & Clarification Memorandum dated September 20, 2013, regarding Durham York Energy Centre Construction Phase Audit #3 (September 2013) Council Meeting Minutes - 7 - October 21, 2013 Letter to the Ministry of the Environment dated September 18, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Durham/York Energy from Waste Project, Community Communications Plan (MOE File No. EA-08-02) ® Durham York Energy Centre Community Communications Plan (August 2013) • Durham York Energy Centre Community Communications Plan Comment and Response Table (August 2013) • Letter to the Ministry of the Environment dated August 30, 2013, with a copy to the EFWAC, York Regional Clerk and Durham Regional Clerk, regarding Submission of July 2013 Complaint and Inquiry f Logs (MOE File No. EA-08-02); and advising that the documents are also available on the EFW project website at http://www.durhamyorkwaste.ca/project/efw-committee.htm 1 - 9 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Report 2013-P-62 of the Commissioner of Planning and Economic Development pertaining to the National Household Survey (2011) — Income, Housing and Shelter Costs. 1 - 10 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Report 2013-P-63 of the Commissioner of Planning and Economic Development pertaining to Monitoring of Growth Trends. 1 - 11 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Report 2013-P-64 of the Commissioner of Planning and Economic Development pertaining to the Durham Agricultural Advisory Committee (DAAC), 2013 Farm Tour. 1 - 8 Roger Saunders, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of Report 2013-P-58 of the Commissioner of Planning and Economic Development pertaining to the Durham Trail Co- ordinating Committee (DTCC) New Website Project. Resolution #C-335-13 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Durham Trail Co-ordinating Committee (DTCC) New Website Project be endorsed. "CARRIED" i Council Meeting Minutes - 8 - October 21, 2013 I. - 12 Mary Tillcock, Run Day Organizer, Terry Fox Run, expressing appreciation to Council and staff for the support given to the annual Terry Fox Run and advising that early results for Clarington indicate that the 33`d Anniversary of Terry's Marathon of Hope will raise $72,000 for cancer research through the efforts of over 900 participants. Resolution #C-336-13 Moved by Councillor Novak, seconded by Councillor Woo THAT Correspondence Item I — 12 from Mary Tillcock, Run Day Organizer, Terry Fox Run, be received with thanks; and THAT a letter of appreciation be sent to Mary Tillcock and organizers of Clarington's Annual Terry Fox Run for their efforts in support of the Run. "CARRIED" 1 - 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated September 13, 2013 Resolution #C-337-13 Moved by Councillor Neal, seconded by Councillor Partner THAT the minutes Minutes of the Durham Nuclear Health Committee (DNHC) dated September 13, 2013 be received for information. "CARRIED" 1 - 7 Gail Rickard, Clarington Public Library Board Chair, expressing appreciation for the paving of the Orono Branch Library parking lot. Resolution #C-338-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item I — 7 from Gail Rickard, Clarington Public Library Board Chair, expressing appreciation for the paving of the Orono Branch Library parking lot, be received for information. "CARRIED" Council Meeting Minutes - 9 - October 21, 2013 CORRESPONDENCE FOR DIRECTION Correspondence Item D — 14 was received as a Hand-out. Resolution #C-339-13 Moved by Councillor Neal, seconded by Councillor Novak THAT Correspondence Items D - 1 to D - 9 and Hand-out Correspondence Item D - 14, be approved as per the Agenda, with the exception of Item D - 4. "CARRIED" D - 1 The Honourable Michael Coteau, Minister of Citizenship and Immigration, inviting nominations for the June Callwood Outstanding Achievement Award for Voluntarism in Ontario, an award to recognize exceptional .leadership, innovation and creativity in voluntarism and community services by individuals, groups, businesses and other organizations that have made outstanding contributions to their communities. Nomination forms and additional information are available at www.ontario.ca/honoursandawards or by telephone at 1-877-832-8622. The deadline for submission is December 5, 2013. (Correspondence referred to the Municipal Clerk to place on the Municipal website) D - 2 Barbara Clark, Local Volunteer, Huntington Society of Canada, requesting permission to hold a "Walk for Huntington Disease Awareness" on May 25, 2014; requesting permission for the month of May, 2014 to be proclaimed "Huntington Disease Awareness Month" and to hang a banner over Highway 2 for the month of May. ("Walk for Huntington Disease Awareness" approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department; "Huntington Disease Awareness Month" proclaimed; and permission granted to hang the banner and Veridian advised) Council Meeting Minutes _ 10 - October 21, 2013 D - 3 Jordan McCormack, requesting the installation of a full three-way stop at the intersection of Spruceway Crescent and Guildwood Drive to address safety concerns for children who cross the intersection to access John M. James Public School and Guildwood Park; indicating that due to the steep bend in Sprucewood Crescent, there is very poor or no visibility of oncoming traffic in either direction; and; suggesting the installation of a three-way stop sign would greatly reduce the chance of a person being involved in an accident. (Correspondence referred to the Director of Engineering Services) D - 5 Dianne McKenzie, Executive Director, Epilepsy Durham Region, requesting that March 2014 be proclaimed "Epilepsy Awareness Month" and March 26, 2014, be proclaimed "Epilepsy Awareness Day and Go Purple"; and, encouraging staff to wear purple on March 26th to support the more than 36,000 individuals living with epilepsy in Durham Region by demonstrating strong community support and reducing the sense of isolation of people living with epilepsy. (Proclaimed) D - 6 Rose Boricic, Special Events Chairman, Branch 178 Bowmanville, Royal Canadian Legion, advising of the upcoming Remembrance Day services and parades for 2013: • Sunday, November 10, 2013 — Parade starting at 1:15 p.m. from Orono Oddfellow & Rebekah Hall to Orono Cenotaph for Remembrance service and march back • Saturday, November 9, 2013 - Remembrance service at Newtonville Cenotaph at 10:30 a.m. • Monday, November 11, 2013 — Remembrance service at Newcastle Cenotaph at 10:30 a.m. • Monday, November 11, 2013 - Parade starting at 10:00 a.m. from Bowmanville Legion to Bowmanville Cenotaph for Remembrance service and march back; and extending an invitation to Mayor Foster to attend the annual Armistice Dinner on Saturday, November 9, 2013; and, advising that the Poppy Campaign will run from Friday, October 25 to Monday, November 11, 2013. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 11 - October 21, 2013 D - 7 Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario, requesting the proclamation of"Waste Reduction Week" from October 21 to 27, 2013, in an effort to educate and engage Ontarians about waste reduction. (Proclaimed) D - 8 George Habib, President and CEO, Ontario Lung Association, requesting that November be proclaimed "Lung Month" to increase awareness of lung health issues and the importance of lung health. (Proclaimed) D - 9 Karen Bastas, Vice President, Newcastle BIA and Chairperson, Santa Parade Committee, requesting permission for a road closure for the 9th Annual Santa Parade on Sunday, November 17, 2013, from 4:30 p.m. to 7:30 p.m.; requesting permission to hold a fireworks display at 5:30 p.m. at the bottom of the hill on King Avenue at the Lions Trail to be conducted by Port Fire Pyrotechnics with Bruce Gilbert in charge; and, requesting all road closure signs, pylons, vests, garbage bins and bags. (Road closure approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department and fireworks display approved provided the organizers apply for and obtain a fireworks permit from the Municipal Law Enforcement Division) D - 14 Scott Story requesting an eight month extension to Building Permit #12.0557 to permit the completion of the new dwelling at 8378 Leskard Road. (Approved eight month extension to Building Permit #12.0557 subject to the signing of a further Letter of Undertaking) D - 10 Dale Gibbons, Chair, Courtice Santa Claus Parade Committee, requesting permission to host the 1St Annual Courtice Santa Claus Parade on Sunday, December 1, 2013, from 12:00 noon to 1:30 p.m. on Nash Road from Townline Road to George Reynolds Drive. Resolution #C-340-13 Moved by Councillor Novak, seconded by Councillor Neal THAT the request from Dale Gibbons, Chair, Courtice Santa Claus Parade Committee, requesting permission to host the 1St Annual Courtice Santa Claus Parade on Sunday, December 1, 2013 be approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department. "CARRIED" Council Meeting Minutes - 12 - October 21, 2013 D - 4 Colin D. Maitland tendering his resignation from the Clarington Heritage Committee due to his relocating outside of Clarington and extending his best wishes to the Committee for their efforts in preserving Clarington's heritage. Resolution #C-341-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT Correspondence Item D —4 from Colin D. Maitland, tendering his resignation from the Clarington Heritage Committee, be received with regret and forwarded to the Municipal Clerk; and THAT a letter of appreciation be sent to Mr. Maitland acknowledging his efforts with respect to the Clarington Heritage Committee. "CARRIED" D - 11 Jim Richards expressing concern with on-going logging operations taking place in the Ganaraska forest during the main breeding season for birds; advising he has met with representatives of the Ganaraska Region Conservation Authority (GRCA) and loggers and was assured that a new policy to govern such matters would be developed; indicating that the new policy is still in the development stages and has not been endorsed by the GRCA but is not in keeping with Federal and Provincial legislation; and, suggesting that Council take a position against GRCA'S planned continuance of logging between April 1 and July 31 and to adopt a more eco-friendly set of Best Management Practices. Resolution #C-342-13 Moved by Councillor Partner, seconded by Councillor Trail( WHEREAS the Municipality of Clarington has been advised and have read about the indiscriminate logging/harvesting operations that took place in the Ganaraska Forest this past spring and summer; AND WHEREAS the Municipality and the people we represent are major stakeholders in the Ganaraska Region Conservation Authority (GRCA); AND WHEREAS logging operations within the forest during the prime breeding season for migratory birds is detrimental to wildlife; Council Meeting Minutes - 13 - October 21, 2013 AND WHEREAS habitat destruction is not the mandate of the GRCA nor in keeping with the conservation ethic of the GRCA; AND WHEREAS logging during the bird breeding season can result in the incidental take of migratory birds, their nests, eggs and young; AND WHEREAS this in turn is contrary to the migratory Birds Convention Act, 1994, and is illegal: THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request the GRCA to develop a strong and binding policy against harvesting trees anywhere within the Ganaraska Forest and any other lands they manage anytime from April 1 through July 31 of any year in the future; AND FURTHER THAT the Municipality of Clarington forward this resolution to the other six member municipalities of the GRCA and urge them to endorse this resolution. "CARRIED LATER IN THE MEETING" Resolution #C-343-13 Moved by Councillor Neal, seconded by Councillor Hooper THAT Council recess for five minutes. "CARRIED The meeting reconvened at 9:27 p.m. Resolution # C-342-13 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Partner V/ Councillor Traill Councillor Woo Councillor Hooper Councillor Neal ✓ Councillor Novak Mayor Foster V/ Council Meeting Minutes - 14 - October 21, 2013 D - 12 Kerry Meydam echoing the concerns raised by Jim Richards regarding major harvesting/logging operations taking place between April 1 and July 31 in the Ganaraska Forest in the midst of breeding season for protected migratory birds; and, requesting that Council officially request the Ganaraska Region Conservation Authority to cease this practice and to adopt a more eco-friendly set of Best Management Practices. Resolution #C-344-13 Moved by Councillor Neal, seconded by Councillor Novak THAT Kerry Meydam be advised of actions taken with respect to Correspondence Item D — 11. "CARRIED" D - 13 Lisa Roy, Chair, Orono Santa Claus Parade Committee, requesting financial assistance for the Annual Santa Claus Parade for the Village of Orono to be held on Saturday, November 30, 2013, commencing at 10:30 a.m.; indicating that financial contributions from local businesses, clubs and individuals are required to defray the costs of bands and specialty entrants participating in the parade, and that those making donations will have their name included on the parade program being handed out to the spectators along the route; and, thanking Council in advance for considering their request to support the parade. Resolution #C-345-13 Moved by Councillor Partner, seconded by Councillor Woo THAT Correspondence Item D — 13 from Lisa Roy, requesting financial assistance for the Orono Santa Claus Parade, be received with thanks; and THAT the Orono Santa Claus Parade Committee be advised of the Municipal Grant Program. "CARRIED" COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report October 7, 2013 Council Meeting Minutes - 15 - October 21, 2013 Resolution #C-346-13 Moved by Councillor Woo, seconded by Councillor Traill THAT the General Purpose and Administration Committee Report of October 7, 2013 be approved, with the exception of Item #5. "CARRIED" Item #5 Resolution #C-347-13 Moved by Councillor Traill, seconded by Councillor Partner THAT Report CLD-025-13 be received; THAT staff be authorized to implement a volunteer program at the Clarington Animal Shelter effective November 1, 2013; THAT staff be authorized to modify the volunteer program model as required to meet the needs of the Shelter and comply with health and safety requirements while not infringing on contractual agreements; THAT staff report back in one year on the progress of the volunteer program; and THAT all interested parties listed in Report CLD-025-13 be advised of Council's decision. i "CARRIED" STAFF REPORTS) Report COD-024-13 —Volunteer Fire Mandatory Retirement at Age 60 — Policy Review Resolution #C-348-13 Moved by Councillor Partner, seconded by Councillor Hooper THAT the Rules of Procedure be suspended to allow for a motion of reconsideration to be introduced. "CARRIED" (3/4 vote majority required) Council Meeting Minutes - 16 - October 21, 2013 Resolution #C-349-13 Moved by Councillor Neal, seconded by Councillor Partner THAT Council reconsider the existing mandatory retirement policy at age 60 for volunteer fire fighters. "CARRIED ON THE FOLLOWING RECORDED VOTE:" (Required 2/3 vote) Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo Councillor Hooper V Councillor Neal ✓ Councillor Novak Councillor Partner Councillor Traill Mayor Foster Resolution #C-350-13 Moved by Councillor Novak, seconded by Councillor Woo THAT the standard for retirement at age 60 applied to Full-time Fire Fighters as confirmed by Confidential Report COD-62-06 be applicable to Volunteer Fire Fighters. "CARRIED AS AMENDED LATER IN THE MEETING" (See following motions) Resolution #C-351-13 Moved by Councillor Neal, seconded by Councillor Woo THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "CARRIED" The meeting resumed in open session at 10:40 p.m. Council Meeting Minutes - 17 - October 21, 2013 The Mayor advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were passed. Resolution #C-352-13 Moved by Councillor Neal, seconded by Councillor Woo THAT the foregoing Resolution #C-350-13 be amended as follows: - Deleting the number "60" and replacing it with the number "65"; - Deleting the words "applied to Full-time Fire Fighters as confirmed by confidential report COD-62-06"; and - Adding the words "provided they provide a medical certificate supporting their ability to perform the job annually to age 65" at the end of the resolution. "CARRIED LATER IN THE MEETING" Resolution #C-353-13 Moved by Councillor Woo, seconded by Councillor Hooper THAT, in accordance with Section 10.12.34 of the Procedural By-law, the meeting be extended until 11:30 p.m. "CARRIED" The foregoing Resolution #C-352-13 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Partner ✓ Councillor Traill ✓ Councillor Woo ✓ Councillor Hooper ✓ Councillor Neal ✓ Councillor Novak ✓ Mayor Foster ✓ Resolution #C-350-13 was then put to a vote and CARRIED AS AMENDED. Council Meeting Minutes - 18 - October 21, 2013 Report OPD-012-13 — Mobile Stage Resolution #C-354-13 Moved by Councillor Partner, seconded by Councillor Traill THAT Report OPD-012-13 be received; THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement; and THAT all interested parties listed in Report OPD-012-13 be advised of Council's decision. "CARRIED" UNFINISHED BUSINESS There was no Unfinished Business considered under this Section of the Agenda. BY-LAWS By-law 2013-092 was received as a Hand-out. Resolution #C-355-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2013-085 to 2013-092 2013-085 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington) (1494339 Ontario Limited) 2013-086 Being a By-law to amend Ry-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Devon Downs Developments Limited) 2013-087 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Claret Investments) 2013-088 Being a By-law to amend By-law 91-58 and to regulate the parking of vehicles within the Municipality of Clarington and to repeal By-law 2013-083 2013-089 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Paul Long) (243 King Street East, Bowmanville) 2013-090 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Nick Koitsopoulos) (243 King Street East, Bowmanville) Council Meeting Minutes _ 19 - October 21, 2013 2013-091 Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property (Sandra Hunt-Mimra) (243 King Street East, Bowmanville) 2013-092 Being a By-law to exempt a certain portion of Registered Plan 40M-2373 from Part Lot Control; and THAT the said by-laws be approved. "CARRIED" PROCEDURAL NOTICE(S) OF MOTION There were no Procedural Notices of Motion introduced under this Section of the Agenda. OTHER BUSINESS Resolution #C-356-13 Moved by Councillor Partner, seconded by Councillor Woo THAT rules of procedure be suspended to allow for the introduction of a motion regarding the General Purpose and Administration Committee meeting schedule. "CARRIED" Resolution #C-357-13 Moved by Councillor Partner, seconded by Councillor Woo THAT the General Purpose and Administration Committee meeting scheduled for Remembrance Day, November 11, 2013 be rescheduled to Tuesday, November 12, 2013 at 9:30 a.m. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Partner d Councillor Traill d Councillor Woo d Councillor Hooper d Councillor Neal V Councillor Novak V Mayor Foster V Council Meeting Minutes - 20 - October 21, 2013 CONFIRMING BY-LAW Resolution #C-358-13 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2013-093, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 21S day of October, 2013; and THAT the said by-law be approved. "CARRIED" ADJOURNMENT Resolution #C-359-13 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 11:07 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE NOVEMBER 4, 2013 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Minutes of the Central Lake Ontario Conservation Authority dated October 22, 2013 (Copy attached) 1 - 2 Minutes of the Clarington Heritage Committee dated October 15, 2013 (Copy attached) 1 - 3 Minutes of the Agricultural Advisory Committee of Clarington dated October 10, 2013 (Copy attached) 1 - 4 Minutes of the Clarington Safe Communities Advisory Committee dated October 17, 2013 (Copy attached) 1 - 5 Debra Nicholson, Local Area Manager — Durham, Canada Post, responding to Council's correspondence of October 3, 2013, regarding the potential change in service hours at the Orono Post Office; advising of the decline of stamp purchases, visits to the post office every year and lettermail volumes and the impact on Canada Posts' financial situation; indicating that Canada Post is going through a major transformation to meet the rapidly changing needs of Canadians to be financially sustainable and to stay relevant; and, assuring Council that Canada Post remains committed to providing postal services in Orono and if changes are made, they will be sure to take the needs of their customers into consideration. A subsequent letter has been received from Debra Nicholson indicating that following the review of customer traffic patterns at the Orono Post Office, Canada Post will no longer offer Saturday retail service as of December 2, 3013 but will continue to offer full access to postal services on weekdays as follows: Monday, Tuesday, Wednesday and Friday— 9:00 a.m. to 5:00 p.m. Thursday, 9:00 a.m. to 6:30 p.m. 1 - 6 Agatha Garcia-Wright, Director, Environmental Approvals Branch, Ministry of the Environment, responding to Council's correspondence -of October 1, 2013, concerning the impact of sulphur dioxide emissions from the St. Mary's Cement Plant in Bowmanville on the Minister's decision to approve the amended Environmental Assessment (EA) for the Durham/York Residual Waste study; clarifying that as part of the preparation of the EA, the Regions of Durham and York carried out a Human Health and Ecological Risk Assessment (HHERA) to evaluate potential adverse health impacts Summary of Correspondence - 2 - November 4, 2013 from the contaminants released to the air, land and water from the Energy-from Waste facility and established an inventory of existing industrial pollution sources within a 20 kilometre radius of the facility; indicating that emissions data compiled from Canada's National Pollutant Release Inventory for 2007 shows that the St. Mary's Cement Plant in Bowmanville reported a release of 3743 tonnes of Sulphur Dioxide and the HHERA used this total in establishing the existing air quality conditions of the environmental assessment study area against which the potential impacts from the Energy-from-Waste facility would be assessed; and, advising that in making a decision to approve the amended EA, the Minister considered the conclusions of the Human Health and Ecological Risk Assessment. 1 - 7 Darlene Bastianelli, Executive Director and Andrea Russell, Chief Development Officer, Bowmanville Hospital Foundation, expressing appreciation to Mayor Foster for attending the Bowmanville Hospital Foundation's 27th Annual Harvest Ball, "A Night of a Thousand Stars", thanking all sponsors, donors and volunteers for their valuable contribution to the success of this year's Harvest Ball which raised $48,272 that will help purchase a new SLT Laser for the Eye Centre at Lakeridge Health Bowmanville; and, advising the 28th Annual Harvest Ball will take place on October 24, 2014. 1 = 8 Ron Robinson, President, Clarington Board of Trade and Office of Economic Development (CBOT), writing to The Honourable Kathleen Wynne, Premier of Ontario, advising that CBOT has been an active participant in Ontario's Long Term Energy Review and an educated voice on the energy file as it relates to economic development opportunities; advising that a great deal of work and investment has gone into the new/replacement reactors at the Darlington Nuclear Generating Station and that CBOT's recommendation would be for the new/replacement reactors at Darlington to remain in the Long Term Energy Plan showing flexibility for the timing of construction relative to demand; indicating that in order to co-ordinate these two projects to ensure Ontario's economic engine remains stable, the Long Term Energy Plan must look at long term solutions and lead times to bring new power on line on time and that CBOT is pleased to see that the refurbishment of the existing units will remain an important part of the plan; and, advising that CBOT is committed to being an educated, strategic and vocal participant on the energy file. Summary of Correspondence - 3 - November 4, 2013 CORRESPONDENCE FOR DIRECTION D - 1 Lisa Roy, Orono Santa Claus Parade Chair, requesting permission to hold the 2nd Annual Orono Santa Claus Parade on November 30, 2013, commencing at 10:30 a.m. and indicating the parade will begin at the intersection of Mill Lane and Mill Street, parade down Mill Street, Station Street and Princess Street to disband at the Orono Fair Grounds. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Steven Davidson, Deputy Minister, Ministry of Tourism, Culture and Sport, advising of the 2014 Premier's Awards for Excellence in the Arts, an award to recognize artists and arts organizations for their outstanding achievements and contributions to the community and local economies; and, indicating that each year finalists are selected by an Ontario Arts Council (OAC) Jury and that two awards are presented — one to an artist in the amount of$35,000 and one to an arts organization in the amount of$50,000. Program details and nomination forms are available on the Ontario Arts Council website and the nomination deadline is December 2, 2013. (Motion to forward correspondence to the Visual Arts Centre and to the Municipal Clerk to place information on the Municipal website) D - 3 Marie Sforza requesting an extension of the use of temporary living quarters at 51 Bradley Boulevard, Hampton. The property is currently under construction under Building Permit No. 13.0449, issued July 11, 2013. (Motion to approve extension to Building Permit#13.0449 subject to the signing of a further Letter of Undertaking) Summary of Correspondence - 4 - November 4, 2013 D - 4 George Franklin writing further to staff's response regarding Trulls Road noise and traffic counts; requesting the traffic study to be performed as planned in the spring of 2014 also include an additional sound study, that written evidence be provided whereby it was stipulated that the outdoor amenity area of lots 1 to 13 on Vivian Drive were located in the front yard and/or veranda of the lot; and, submitting a petition from Vivian Drive residents lots 1 to 13 that an acoustic fence be the most logical barrier to improve noise reduction and that the fence be the maximum height in accordance with the by- law requirements. (Motion'to refer correspondence to staff) D - 5 Ted Watson, Chair, Agricultural Advisory Committee of Clarington, requesting permission to hold the Farmers Parade of Lights on December 4, 2013. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 6 Jayme Harper, PFLAG Canada Durham Region, requesting November 20, 2013, be proclaimed "TDoR—Trans Day of Remembrance", to raise awareness of hate crimes against transgender people and to mourn and honour the lives of those who might otherwise be forgotten. (Motion to Proclaim) D - 7 Denis Lemelin, National President, Canadian Union of Postal Workers (CUPS) advising that next year the Federal government will look at how it handles public postal service with a review of the Canadian Postal Service Charter and has been holding consultations on the future of our public postal service to prepare for the upcoming charter review; indicating that the Corporation has been clear in that it wants to dramatically cut service to improve its financial situation; advising the Corporation has other options according to a new study by the Canadian Centre for Policy Alternatives (CCPA) entitled "Why Canada Needs Postal Banking", a case for preserving postal services and improving Canada Post's financial picture through the addition of financial and banking services; indicating that the full report is available at hftp://www.policyalternatives.ca/publications /reports/why-canada-needs-postal-banking; and, requesting Council to consider adopting the following two resolutions: Summary of Correspondence - 5 - November 4, 2013 1. "WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014 WHEREAS Canada Post is preparing for the review by campaigning for major service cuts WHEREAS Canada Post has already dramatically cut service by closing or downsizing public post offices, eliminating rural mailbox delivery and removing street letter collection boxes WHEREAS Canada Post and the federal government should do everything in its power to prevent additional cuts during the upcoming review, and instead deal with financial issues by adding revenue-generating services like many other post offices around the world, including lucrative financial services like bill payments, insurance and banking BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Minister responsible for Canada Post to request that the government consider innovative ways to generate postal revenue during the Charter review, including financial services like bill payments, insurance and banking." 2. "WHEREAS the federal government will look at how it handles public postal services with a review of the Canadian Postal Service Charter in 2014 WHEREAS the public has a right to have input on matters involving its publicly owned post office WHEREAS the current Charter has a number of serious problems that need fixing WHEREAS the government could use the Charter review to reduce our public post office's obligation to provide service (instead of improving the Charter) and even lay the groundwork for privatizing or deregulating Canada Post BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Minister responsible for Canada Post to request 1) that the upcoming review of the Canadian Postal Service Charter be open to public input and 2) that the Charter be improved by: Summary of Correspondence - 6 - November 4, 2013 • Ensuring that the moratorium on post office closures in small and rural communities protects the public nature of post offices • Eliminating the exceptions to the moratorium • Extending the consultation process over possible closures and making the process and moratorium more transparent • Establishing an independent Canada Post ombudsperson to report on Canada Post's performance in meeting Charter expectations • Establishing a reasonable, uniform and democratic process for making changes to the postal and delivery network (closures, downsizing, removal of rural mailboxes, etc), but only after consultation with the public and other stakeholders." (Motion for Direction) D - 8 Dave Bryans, CEO, Ontario Convenience Stores Association, (OCSA) requesting Council to consider adopting the following resolution to lend support to convenience stores in their fight against contraband tobacco: "WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted youth access to tobacco products and an increase in criminal activity; AND WHEREAS contraband tobacco products are easily accessible in our community; AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband tobacco; AND WHEREAS small business in our community and government in general stand to benefit from the institution of tougher restrictions on contraband tobacco; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington write a letter to the Ontario Minister of Finance in support of the Ontario Government's 2012 and 2013 Budget commitments to eradicate contraband tobacco through the implementation of additional regulatory, enforcement and other provisions through amendments to the Tobacco Tax Act. Particularly, in support of the following proposed measures: increased fines for those convicted of offenses related to contraband tobacco; Summary of Correspondence - 7 - November 4, 2013 • more authority for law enforcement officials with respect to: forfeiture of items seized, and impounding of vehicles; 6 drawing on the best practices of other jurisdictions and working collaboratively with the federal government and other jurisdictions to enhance contraband tobacco control through joint enforcement efforts, and; • strengthening provisions to improve the Tobacco Tax Act in meeting the government's commitments. AND THAT the provincial government be encouraged to continue to strengthen their strategies to address the manufacture and supply of contraband tobacco and maintain their commitment to .introduce amendments this fall to implement these measures. AND THAT surrounding municipalities be made aware of the actions taken by this Council to address the concerns presented by contraband tobacco. AND THAT a copy of this motion,be forwarded to the Association of Municipalities of Ontario (AMO). (Motion for Direction) D - 9 Donna L. McLarty, Town Clerk, Town of Richmond Hill, advising Council that on September 23, 2013, the Town of Richmond Hill adopted the following resolution pertaining to Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety "Working Group Communique": "WHEREAS the Town of Richmond Hill has a long history of rail systems coexisting with our commercial, residential, agricultural and industrial communities; and WHEREAS it is the belief.of Richmond Hill Town Council that our first responders should have all available information about rail cargo to provide for their own safety and that of the communities they serve; and WHEREAS rail safety is a matter for all communities across Canada; and WHEREAS the Federation of Canadian Municipalities' (FCM) National Municipal Rail Safety Working Group has produced communique endorsing three key principles of rail safety, including the following areas: Summary of Correspondence - 8 - November 4, 2013 1. Equip and support municipal first responders to rail emergencies; 2. Ensure federal and industry policies and regulations address the rail safety concerns of municipalities; 3.. Prevent downloading of rail safety and emergency response costs to local taxpayers. THEREFORE BE IT RESOLVED THAT the Town of Richmond Hill endorse the FCM National Municipal Rail Safety "Working Group communique", and support the FCM's call on the Federal Government to provide municipalities with adequate information on the dangerous goods that are being transported through their communities and further instruct the Clerk to communicate this resolution to FCM and to the Councils of all GTHA municipalities so that they may do the same; and FURTHER, the Clerk communicate the endorsement of the FCM National Municipal Rail Safety Working Group communique and support for FCM's call on the Federal Government to provide municipalities with adequate information on the Transport of the dangerous goods through their communities, to the Prime Minister of Canada and the Federal Minister of Transport and Members of Parliament representing Richmond Hill and Oak Ridges-Markham." (Motion for Direction) D - 10 Donna L. Mc.tarty, Town Clerk, Town of Richmond Hill, advising Council that on October 15, 2013, the Town of Richmond Hill adopted the following resolution pertaining to freedom of expression and religion in public places in Ontario: "WHEREAS the Town of Richmond Hill has a long history of diversity and religious inciusivity and acceptance; WHEREAS it is the belief of Richmond Hill Council that municipalities play an important role as an order of government in the development of Ontario's reputation as a free and open, pluralistic society; WHEREAS on September 19, 2013 the Ontario Legislature unanimously endorsed York Centre MPP Monte Kwinter's motion 'That, in the opinion of this House, the Government of Ontario should oppose any legislation that would restrict or prohibit people's freedom of expression and religion in public places and affirm that Ontario greatly'values our diverse population and the social, cultural and economic contributions they make to help our society thrive'; i Summary of Correspondence - 9 - November 4, 2013 THEREFORE BE IT RESOLVED THAT the Town of Richmond Hill endorse the motion above and further instruct the Clerk to communicate this to the Councils of all GTHA municipalities and to the Association of Municipalities of Ontario so that they may do the same; FURTHER, that the Clerk communicate the endorsement to all provincial first ministers including the Prime Minister of Canada." ' (Motion for Direction) i CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY - I MINUTES NO.8 AUTHORITY MEETING Tuesday, October 22,2013 -5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE,OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE,BOARDROOM Present: M.Novak,Vice Chair B.Chapman S.Collier L.Corrigan J.Drumm A.England R.Hooper T.D.Marimpietri D.Mitchell J.Neal P.Rodrigues C.Traill J.R.Powell,Chief Administrative Officer B.Boardman,Administrative Assistant/Recording Secretary H.Brooks,Director,Watershed Planning&Natural Heritage R.Catulli,Director Corporate Services C.Darling,Director,Development Review&Regulation G.Geissberger,Marketing&Communications Coordinator P.Lowe,Director,Watershed Stewardship&Community Outreach P. Sisson,Director,Engineering&Field Operations G.SooChan,Director,Groundwater Resources Excused: P.Perkins,Chair L.Coe In the absence of the Chair,the Vice Chair called the meeting to order at 5:00 p.m. DECLARATIONS of interest by members on any matters herein contained-NONE ADOPTION OF MINUTES Res.#113 Moved by S. Collier Seconded by R.Hooper THAT the Authority Minutes of September 17,2013 be adopted as circulated CARRIED CORRESPONDENCE (1) Correspondence from Ministry of Transportation(Schedule 3-1 to 3-2) Re: 407 E Phase 1 Redside Dace Permit Conditions-Proposed works for Redside Dace in Heber Down Conservation Area A.England arrived at 5:01pm Res.#114 Moved by J.Drumm Seconded by R.Hooper THAT the above correspondence be received for information. CARRIED AUTHORITY MEETING—OCTOBER 22,2013 MINUTES—PAGE 2 DIRECTOR,DEVELOPMENT REVIEW&REGULATION (1) Staff Report#5173-13 (Schedule 4-1 to 4-2) Permits Issued for Development,Interference with Wetlands and Alteration to Shorelines and Watercourses— September Ito September 30,2013 Res.#115 Moved by A.England Seconded by S. Collier THAT staff report 5173-13 be received for information. CARRIED (2) Staff Report#5175-13 (Schedule 4-3 to 4-5) Water Taking from Lynde Creek Marsh S. Collier,P. Rodrigues and D.Mitchell made inquiries regarding signage and controlling the Water Taking issue. C.Darling responded. Res.#116 Moved by A.England Seconded by B.Chapman WHEREAS there have been environmental concerns raised regarding stopped water trucks taking water from the Lyn de Creek Marsh along Victoria Street in the Town of Whitby that may also raise road traffic safety concerns; THAT the Central Lake Ontario Conservation Authority hereby requests.the Region of Durham to place `No Stopping"signs at the appropriate locations along Victoria Street in the vicinity of the Lynde Creek Marsh;and, THAT Staff Report 5175-13 be forwarded to Regional staff. CARRIED DIRECTOR,STEWARDSHIP,EDUCATION&COMMUNICATIONS (1) Staff Report#5172-13 (Schedule 5-1 to 5-3) Award Winners from 2012/2013 Watershed Awards Res.#117 Moved by L.Corrigan Seconded by S.Collier THAT Staff Report#5172-13 be received for information; THAT the Authority endorse the Nominees listed above,and, THAT all award nominees be presented with a Watershed Award at the November 19 CLOCA board fneeting CARRIED (2) Staff Report#5176-13 (Schedule 5-4 to 5-5) Communication Products R.Hooper asked staff if they provide any sort of thank you for these students. P.Lowe responded in the affirmative. Res.#118 Moved by R.Hooper Seconded by A.England THAT Staff Report#5176-13 be received for information. CARRIED (3) Staff Report#5177-13 (Schedule 5-6 to 5-7) Agriculture Innovation Award C.Traill on behalf of Clarington and all members congratulated G, Geissberger with a round of applause. G. Geissberger provided a sample of his most recent blend of cider,Apple Beet Carrot. Res. #119 Moved by R.Hooper Seconded by C,Traill THAT Staff Report#5177-13 be"received for information. CARRIED AUTHORITY MEETING—OCTOBER 22,2013 MINUTES—PAGE 3 CHIEF ADMINISTRATIVE OFFICER (1) CONFIDENTIAL Staff Report#5174-13—PROPERTY MATTER Res.#120 contained in Confidential Minutes of October 22,2013. MUNICIPAL AND OTHER BUSINESS (1) P.Rodrigues inquired about a movie night and if we had gotten a sponsor. P.Lowe responded that we had not. (2) R.Hooper noted that the fish ladder is open and underway in Clarington as well the accessible trail is open and he thanked CLOCA for their part. (3) D. Mitchell inquired about Crystal Beach. P. Sisson responded. ADJOURNMENT Res.#121 Moved by J.Neal Seconded by T.D.Marimpietre THAT the meeting adjourn. CARRIED The meeting adjourned at 5:17 p.m. 1 - 2 CLARINGTON HERITAGE COMMITTEE Minutes of Meeting October 15, 2013 MEMBERS PRESENT: Tracey Ali Kim Vaneyk (ex-officio) Angela Tibbles Councillor Hooper Karin Murphy Joseph Earle REGRETS: David Reesor, Bonnie Seto, Tenzin Gyaltsan, Allan Kirby, Ruth Goff (Ex-officio) STAFF: Faye Langmaid, Kristy Kilbourne Angela Tibbles welcomed all to the meeting. DECLARATION OF PECUNIARY INTEREST-None declared. ADOPTION OF AGENDA 13.24 Moved by Karin Murphy, seconded by Tracey Ali THAT the agenda'be adopted. "CARRIED,' ADOPTION:OF MINUTES 13.25 Moved by Councillor Hooper, seconded by Joe Earle THAT the minutes of September 17, 2013 be accepted. "CARRIED" BUSINESS ARISING Appointment of New Heritage Committee Member — The Committee discussed whether they wished to have the Clerks Department advertise for the vacant position, recognizing that it would only be for one year and that there is a steep learning curve for new members. They decided that they would like to proceed with advertising for the position in hopes that the new member would reapply to serve the next term. The possibility of changing the Committee's Terms of Reference with regard to the length of terms of appointment and staggering appointments was also discussed. The Agricultural.Advisory Committee have moved towards staggered appointments in order` to avoid larger turnovers and to provide continuity for the committee. Currently all members of the Heritage Committee are appointed for a 4-year term which coincides with Council's term and the committee's terms of reference. Given that many of the members of the Committee were not present, it was decided that the Committee would revisit this discussion at the next meeting. 407 Salvage Update — Two site visits for designated heritage property owners that expressed interest in salvaging materials were carried out in September. Karin and David attended the first tour and took photos which were shown at September's meeting. Angela attended the second tour. Currently; Staff are waiting on an update from the MTO on whether any salvage of items has begun to take place. The removal of an iron fence from one'of the.MTO owned properties was completed by MTO contractors and transported to the King Lane Cemetery, Hampton. Clarington Operations Department will be removing the :existing fence at the cemetery and replacing it with the donated iron fence. - Planning Staff have been in conversation with the MTO about the potential relocation of two houses: Hopefully MTO will proceed,with both relocations. Should MTO proceed the Committee felt that the MTO should be thanked and could use the relocations to better their reputation with-regard to cultural heritage conservation. A request by a: resident (non-designated property owner) came forward for a particular item in one of the heritage properties. MTO directed the individual to contact the municipality to be added to thejist of property owners with permission to retrieve items. The Committee discussed;the request and wanted to confirm the intended purpose of the salvage and that the item was not desired by another interested party on the designated property owners list or the Museum prior to endorsement. Currently the approved Salvage Plan for the Municipality of Clarington allows for salvage of materials with first priority given to designated heritage property owners followed by members of the public further down on the list. Heritage Conservation Districts (HCDs) & Heritage Property Insurance Workshop A handout was provided summarizing and outlining the highlights of the workshop. A Staff Report and attachments discussing the outcome of the 2009 survey and review of the Beech Avenue Heritage Conservation District was also provided for background and information pertaining to the review of the Heritage Conservation District locally. A link to the new information brochure from the Insurance Bureau of Canada on insuring designated properties has also been provided on the Heritage Website. Faye indicated that the list of potential HCDs was updated as part of the Official Plan Review but that no HCD studies are currently being,,`Pursued at this time. There is however, the potential for Camp 30 to be given,consideration as a new HCD rather than designating the individual buildings. Candidates for designation: Camp 30 The Camp 30 Selection Committee met this past Saturday for a meeting. They are moving forward with the nominations'of individuals who:should form the charitable foundation. They are hoping to have the selection process complete by the end of 2013. REPORTS from OTHER COMMITTEES (community improvement plans, etc) Bowmanville CIP - Next meeting will take place October 16t". Works on the Octagon House have been really.coming along and are looking great. Hooper's Jewellery also has a new.look that is very_nice. Newcastle CIP--In September, a Public Information Session was held in Newcastle on the Draft Urban` Design Guidelines. There was a good turnout and staff received lots of good feedback. These,,will ,be going to Council later this Fall. The next meeting of the CIP will take place October 24in Orono CIP — The Orono CIP met on October 2nd. At this meeting before/after power point presentations were shown for all CIPs. The library parking lot, a long time concern for the Committee, has been paved. ACO, Clarington Branch —ACO is actively working on Camp 30. They are considered a founding member and representative on the foundation working group. The ACO is also celebrating their 80th anniversary and will be releasing a book which will have a chapter featuring Camp 30. They have had a number of inquiries from the public and academics on Camp 30. ACO is undergoing a province-wide rebranding so that there is consistency in the logo throughout the province. Claringtoh Branch already uses the provincial branding so there will not be a significant impact locally. They will have a booth at Applefest this weekend to promote their.initiatives such as Doors Open. Newcastle Village and District Historical Society (NVDHS).— Allan was not present to provide a report. Clarington Museums and Archives —The Museum annual Pig Roast Fundraiser which will be held at Tooley Mill and was from reports''very successful. Some work is occurring on the conservatory, painting of the veranda has also occurred. Heritage Week Working Group — The next meeting of the working group will be held October 17tH CORRESPONDENCE and COUNCIL:REFERRAL Renewal of Community Heritage Ontario Membership —The benefits of CHO membership were discussed. They have.indicate d that in the future they will be expanding their education opportunities by providing webinars at lower costs in addition to workshops. The Committee passed the following resolution 13.26 Moved by Karin Murphy, seconded by Tracey Ali "THAT,the CHC renew.their membership with Community Heritage Ontario for 2014." "CARRIED" PROJECT REPORTS Barn Project — Kim went over some photos from particularly unique barns they have encountered thus far in the project. She thanked those Committee members that had already volunteered and gone out to survey and photograph some of the properties. They have completed a significant portion of the nearly 100 properties on the list that have provide permission to be included. Kim needs volunteers to finish up the properties before the winter. Many of the property owners were willing to provide further S information or photos at a later date. They anticipate following up over the winter to get their stories, early photos, etc. An interesting result of the barn project has been learning more history about local business.like Peddler's that provided manure tracks, hardware, etc. NEW BUSINESS Heritage Incentive Grant Update All of the works for this year have been completed and the,grants have been paid out. There was one recipient that was unable to carry out their project this year. This money will be carried over to next year. Before and after photos of the projects were shown. Overall, the program has had a significant impact in the preservation of heritage resources the works completed are 4x the dollar value distributed. A couple of the photos on the Heritage Website have also been updated. 2014 Budget The Committee discussed their spending -oVer*1 the past -year and were in favour of increasing their budget slightly based on anticipated expenses related to the Barn Book Project. They approved the following budget.for 2014. . 13.27 Moved by Councillor Hooper, seconded by Joe Earle "THAT the 2014 CHC budget be submitted as: Membership $150. . Conferences, workshops and other education opportunities $500 ' Miscellaneous $350 "CARRIED" Tracey Ali moved the`meeting be adjourned. Next meeting: November 19th, 2013, 7:00 p.m., at Clarington Municipal Offices, Room 1 A Attachments Attachment 1 — Heritage Conservation Districts & Heritage Property Insurance Workshop Summary & Highlights Heritage Conservation Districts& Heritage Property Insurance Workshop October 3, 2013.8:30 a.m.to 12 p.m. Highlights Presentation: Heritage Conservation Districts Work!—University of Waterloo Research Findings Kayla Jonas Galvin Link: http://uwaterloo.ca/heritage-resources-centre/ - Most of the Heritage Districts in Ontario were put into place after 2000 - Study looked at older HCDs: application processing times; property values(1km radius), landuse/vacancy rates; and whether HCDs were meeting goals set out in their plans - Findings: o Most municipalities did not have a system in place or readily accessible data to track alteration applications.This is an area where municipalities can improve. A good score in this area would mean processing times in the 1-2 months range. o Property values in HCDs were mostly average or above average compared to surrounding areas. Real estate values in HCDs generally rise more consistently than in other areas o Large part of the success of a HCD in meeting goals is due to management of the area at the City-level ■ Larger districts had lower scores ■ Some districts need new plans&/or goals—review process should be built in ■ Community involvement&education can be improved ■ $for education &outreach is needed along with incentives such as grants ■ Many districts wished they had included a buffer area (natural heritage included)to allow for transition or expansion of the district. ■ Many districts were missing place references—plaques, street signs,gateway signage to let people know they were in an HCD Q&A: Insurance&Heritage Properties, Insurance Bureau of Canada (IBC) Pete Karageorgos, Manager, Community& Industry Relations Marc Lefebvre, Underwriting Coordinator Links: http://www,ibc.ca/en/home insurance/documents/brochures/heritageproperties brochure en.pdf http://pvhc pro iect.cam/draft/insurance-resources/ - Awhile back the Ministry of Culture,Tourism, and Sport released an information statement indicating property insurance should not be more expensive for designated heritage properties - Often the increase in insurance is not a designated house issue but an old house issue (older infrastructure in neighbourhoods—particularly sewer systems, knob and tube wiring, and fire/building code issues means higher risk and liability) - Know what adds increased risk(i.e. woodstove) - When obtaining insurance or a quote, it is most important to provide as much information as possible in order to demonstrated minimized risks(ie. updated wiring throughout the house, no interior features designated, heritage obligations in the event of fire or other damage) 1 Designation of the house will trigger a reassessment. Often houses are not adequately insured to their proper replacement value. Consequently rates will go up when properties are reassessed. Heritage Conservation Districts Panel Communication Ideas for Creating HCDs Christy Chrus,Senior Planner, Town of Ajax Link: http://pvhcdproiect.com/ Marketing tools: • Logo-symbol in the area ($300) • Website—produced in-house approx 150 hours spent to date (since 2011)— components include material provided by the Committee, photo gallery of historic and current photos, property inventory—map, FAQ page, Did you know? Section with interesting facts about the area • Door hangers to advertise public meetings($900 for design, print, mailing) o Walking Tour • 4 Video Blogs including the walking tour, and the consultant going through the plan ($2500) • Media releases The Role of the Consultant in Creating HCDs Wayne Morgan, Heritage Consultant Success of HCDs Regan Hutchinson, Manager Heritage Planning, City of Markham Link: www.markham.ca/heritage - HCDs cause investment. In Markham, they are downsizing some roads and turning lanes into parking bays. - They consistently work on obtaining and maintaining political support - Recommendations and decisions on heritage alterations should be reasonable and supported by policy in order to ensure consistency - In order to improve processing times, there has been a lot of delegation down from Council and from the Committee to Staff-anything within the approved policy framework can be approved by staff without going to the Committee. - Big projects in HCDs require Site Plan Approval - A key in the success of HCDs is providing recognition to owners/groups for good examples of alterations etc. 2 1 - 3 AGRICULTURAL ADVISORY COMMITTEE of CLARINGTON MEETING THURSDAY, Oct 10th, 2013 MEMBERS PRESENT: Brenda Metcalf John Cartwright Eric Bowman Eric Bowman Tom Barrie Ted Watson Les Caswell Mary Ann Found Councillor Partner Gary Jeffery REGRETS: Don Rickard, Jenni Knox, Mark Bragg, STAFF: Faye Langmaid GUESTS: Sheila Hall, Laura Wood:- CBOT 9 Ted welcomed all to the meeting, everyone introduced themselves to the.'guests. Adoption of Agenda 013-22 Moved by Eric Bowman, seconded by Tom'Barrie That the Agenda for October 10, 2013 be adopted" CARRIED - Approval of Minutes 013-23 Moved by Councillor Partner, seconded by`Eric Bowman. "That the minutes of the September 12th, 2013 meeting be approved" CARRIED Laura,Woocl and__Sheila-Hall from Clarington Board of Trade Were-in attendance=and provided-an-overview of the.rece-nt=initiatives thew-have'.been carry-ing_out with regard to agriculture, value added and_agri-processing They-provided copies of=the Trade and Industry Development magazine Where there is an article on agriculture in Clarington, highlighting Algoma. Laura distributed the recent promotion sheet that has been developed for agriculture.indicating that this type of promo sheet and information is provided for each sector CBOT meets with and tailored to the needs of the industry and prospective client. CBOT is looking to take this a step further with the "barn door directory". This will be a listing of the different farms, their commodities and specialties. It will also include businesses that service the agriculture industry. CBOT liaises regularly with Durham Economic Development, there is a partnership with the different lower tier economic development offices, they meet on a regular basis to share ideas and initiatives. The same happens for tourism with the involvement of Clarington's Tourism office. Agricultural Advisory Committee of Clarington October 10th, 2013 Laura has also been looking to Northumberland and what their initiatives have been and meeting with them about the co-operative that is being developed in Colborne and the activities/events they are doing to promote agriculture. Premier's visit last week focused on a round table discussion with 20 businesses, a diverse group with job creation as the major discussion. From the agriculture sector there was Don Rickard, Fred Archibald, Kirk Kemp and Marilyn Morawetz. Key suggestions made included: • Build on Clarington's strengths in agriculture by moving from being an exporter of raw goods with other places doing the food processing to that value-added work being done here in Clarington • Ensure Clarington's burgeoning entertainment sector has the right infrastructure in place to reach its potential • Address concerns of local wine.producers with the policy that means they must pay a significant premium to the LCBO to stock their product, and_that VQA cannot be used by non-grape.wine makers • Address the shortage of skilled trades, affecting innovative local firms by making practical reforms in education,and promoting attitudinal changes in society about the merit of these well:paid, interesting jobs • Find effective means to`build business leadership skills and interest among employees in taking-over ownership of sole proprietorships to allow the owner to retire where he/she wishes to'do that Ensu • ring that minimum wage policies don't have the perverse effect of reducing jobs. Mayor Fostertold the Premier'#hat Clarington is a proud, willing host to Darlington Nuclear and is excited about:refurbishment and "new build", which he described as really just replacement build He indicated that proceeding with these is key to job growth. The Premierstened;_closely to the suggestions and engaged participants in a good conversation. i Since the meeting there has been the announcement that Ontario will not be proceeding any time soon with new-build. Committee members thanked Laura and Sheila for their efforts. Nancy Rutherford sent her regrets that she was not able to attend and provided the update of activities as a handout (attached). Agricultural Advisory Committee of Clarington October 10th, 2013 Business Arising from Minutes Countryside Discussion Paper As a follow-up to the last meeting where the Countryside Discussion Paper was presented. The sub-committee of Tom, Ted, Jenny and Les met (Brenda could not make it) and have formulated responses to each of the policy directions contained in the discussion paper. The chart with comments was sent to members with the notice of the meeting for their feedback. Attachment 2 to these minutes. 013-24 Moved by Les Caswell, seconded bk.-Tom Barrie "That the comments as outlined in the chart;(attached) be submitted as the agriculture committee ... comments`'on the Countryside Discussion Paper" CARRIED Faye is continuing to collect feedback both individual and collective. All of the comments will be addressed as part of the public process for the Official Plan. A large Official Plan Amendment is anticipated for the fall with public.meetings for February. Correspondence and Council Referrals It was noted that the Premier presented the Leaders in Innovation awards and one was for Geissberger Farmhouse Cider lnc., Hampton., Ontario for their mobile mill that brings the cider making experience to;;Ontario orchards: The cider-mill maker has recently been on Dragon's Den using Geissberger's equipment. Liaison Reports DAAC — DAAC had;a presentation from the new manager of the Rouge Valley National Park, working agriculture is to be a major part of the park, including long term leases on the agricultural parcelsSome 5000 acres that had been held as part of the airport lands have now been earmarked to be included in the national park. The Rouge is the first major urban national park that will focus on agriculture. The land was previously managed by an alliance of all the various land owners including TRCA, province, municipalities, etc. The information that had been provided by Nancy Rutherford from Durham Economic Development and distributed (attached) had been discussed at the DAAC meeting. There was a presentation by a representative of Ontario Soil and Crop about the incentive programs http://www.ontariosoiIcrop.org/en/resources/grants.htm Agricultural Advisory Committee of Clarington October 1 0th 2013 DRFA — DRFA annual meeting is October 15th in Nestleton, there is room for 6 directors from Clarington. One of the items being considered is incorporation, this meeting is your chance to have a say. November 24125 is young farmer convention, DRFA will pay registration conference if there is a local member that meets the age criteria and would like to attend. Dufferin Agriculture has circulated a letter quoting Food& Water First, "We must now ensure that all our source waters and prime agricultural land are protected." This means that changes are necessary to the Aggregate'Resources Act and the Provincial Policy Statement. We are asking all local federations to continue to lobby their local politicians for changes to legislation that will put Class 1 to 4 Farmland and source water regions ahead of aggregate extraction and development. DRFA will be determining whether they support this position at the annual meeting. April 1, 2, 3 will be Farm Connections, there are new co-chairs but the program will be mostly the same as previous. The high school that farm connections will be going to has not been determined as of yet. CBOT— See above. Future Agendas November- Mark Peacock and Chris Darling from the .CA's on natural heritage and permit approvals. December- Charles Stevenson Bees Suggestions are Martin Vroegh from St. Mary's on the pond algae and low carbon fuels; Cindy Strike on the Westside Creek development. Request for a tour of Port Granby`,in the future., Suggestion that when the federal,bound a rib s'change the MP for the Ward 4 area be invited. Other Business Eric Bowman moved forAdiournment Next Meeting - November 14th, 2013, 7:30 p.m. Agricultural Advisory Committee of Clarington October 1 0th 2013 COUNTRYSIDE DISCISSION PAPER POLICY COMMENTS AGRICULTURAL ADVISORY COMMITTEE OF CLARINTON Proposed Policy AACG Comments (Sept 2013) Natural Heritage System Support for the methodology and that it is applied to the entire municipality. Concern for lack of accurate mapping by MNR in The Natural Heritage Systems Discussion Paper released in April 2013 rural areas and then using it as gospel. Worried that MNR will contains a number of proposed policy directions. It includes the current approach,the methodology of how natural features and bring in additional policies about natural heritage areas while functions are identified and proposes how the system is to be farmers in this area are very good stewards. refined and protected. The Maps for the proposed Natural Heritage System are the basis for Figures 6 and 7, the Proposed for Discussion Land Use Map A on pages 75 and 76. Economic Impact Support; appreciate the efforts by CBOT to promote agriculture The existing Official Plan policies recognize the importance of other and their involvement and interest. industries to the economic well-being of Clarington, specific recognition of the importance of the agricultural sector in the Focal Support has to be more than just talk it has to include the and regional economy is recommended. policies and political decisions that protect the agricultural resource (soil). A Single Agricultural Designation Support the move to one designation of"prime" agriculture Merging Clarington's two Agricultural Area designations into one with the allowance of the uses listed in the PPS being allowed land use designation would bring the Official Plan into conformity on the lands. with the PPS and Region's Official Plan. It would also assist in securing the protection of Clarington's agricultural'land base, by forming a large, continuous designation that preserves large tracts of land suitable for agricultural uses.The merged Agricultural designation would allow for the most part the full range of uses permitted by the current"general agriculture" designation, with the exception of major recreation uses. Figures 6 and 7 on pages 75 and 76 show the Proposed for Discussion Land Use Maps A. C:\Users\snot\AppData\Local\Microsoft\Windows\Temporary Internet Fil es\Content.0utlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy AACC Comments (Sept 2013) Accessory Farm Uses(Agriculture-Related Uses) Agree with restricting accessory and secondary uses to The current policies of the Official Plan are sufficiently restrictive to agriculture-related uses. Rural properties that are primarily housing(ho acre) lots should not be allowed accessory or protect the agricultural resource while allowing for farmers to have accessory uses specifically related to their farming operation. secondary uses that might impinge on adjacent agricultural lands. Agri-tourism uses, such as farm vacation homes, cottage wineries, bed and breakfast establishments, pick-your-owns, and farm tours Support the use of the decision-making framework outline in that offer the "farm experience"are considered to be consistent with the intent of the Official Plan policy regarding secondary uses. Appendix.l. These uses give a farmer the opportunity to supplement income derived from the farm,they must be incidental or subordinate to the principal agricultural use. They are permitted only if they are small in scale and directly related to, or exclusively devoted to,the existing farm operation. Each proposal is evaluated for conformity with the intent of the Plan when being reviewed for zoning conformity and site plan. The decision-making framework included in Appendix 1 will be used to assist in the evaluation of applications for secondary uses. Farm-related Industrial and Commercial Uses Support farm-related industrial and commercial uses. The current policies of the Official Plan are sufficiently restrictive to protect the agricultural resource and yet permissive enough to allow Some "farm-markets" have produce that could be sold all year farmers to have industrial/commercial uses specifically related to, round (such as apples). is there a way of addressing this their farming operation. The development of"stand-alone"farm- without opening up the policy to abuse? related industrial and commercial uses are directed towards employment lands or existing appropriately zoned parcels in the rural Agree with the idea of allowing RV storage in older barns to help area, if they are not part of a farm. keep them as heritage structures, would not want to see An accessory commercial use being considered is the storage of buildings being built specific to the use. Recreational Vehicles(RV)in existing barn structures. Storage could be within existing barns that dot the countryside;this policy would Agree with the small scale landscape contracting, trucking as also achieve the goal of protecting these cultural heritage resources. long as the amount of employees does not climb to high. .The intent is to allow RV storage operations in structures that existed prior to z000 and not purpose built for this commercial use,the scale would be limited to the size of the structure. Another secondary use, being considered, are small scale landscape contracting and retail sales which are secondary to farms that focus C: Users\snoi�AppData\Local\Microsoft\Windows�Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy, AACC Comments (Sept 2013) - on nursery and horticultural crops. Stand-alone landscape contracting uses are addressed in Section 4.4.6. As with other secondary uses it would be best to evaluate each proposal for conformity with the intent of the Official Plan by requiring that they proceed through a rezoning process rather than providing general approval.The Zoning By-law review will address the scale of operations and other restrictions necessary to not impede normal farm practices on adjacent farming operations. Golf Courses Support the policy direction for removal from agriculture and The change to a single agricultural designation will mean the addition to aggregate resource rehab areas. restriction of golf course development from the prime agricultural lands designation (see Section 4.2.2). Golf courses are allowed in the Can water taking be limited as part of the zoning requirements? Green Space and Waterfront Greenway designations. The ORM amendments to the Official Plan restricted golf courses; however, with new and updated criteria they could be developed in the Protected Countryside Green Space lands. Appendix z provides an overall context for the discussion of golf courses and proposed policy directions for how golf courses should be developed.- Tourism Nodes Support the expansion of accessory uses to the existing tourism Clarington's policies may require updated wording to reflect the nodes to keep them viable. intent of the Regional Official Plan amendment which removed the need for a Regional Official Plan amendment for the uses at Canadian Tire Motorsport Park to be expanded and diversified. Special Policy Area Support for the end use concept and keeping some of the lands The policies set out for the Port Granby Special Policy Area A in the in agricultural production. Official Plan should be updated to reflect the actions that have been taken and to lay out the vision expressed in the End Use Concept. Gas Stations and/or Gas Bars Understand the policy. Question whether there will be gas Clarington's policies will be revised to bring them into conformity stations allowed along the 407 corridor, are concerned about with the Region's policies. the use of the remnant parcels for other than agriculture. The DROP Amendment 114 deleted the policies that'permitted the C:�Users�snol�AppData\Local\Microsoft\Windows\Temporary Internet Files,Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy AACC Comments (Sept 2o.13) consideration of gas stations and/or gas bars in the Agricultural Areas and the Major Open Space System by amendment.The Region concluded that there does not appear to be demand for establishing such uses in the rural area, given that no amendments permitting them have been approved in the past 15 years. It also concluded that land uses such as gas stations and/or gas bars should be directed to settlement areas, where potential land use conflicts with resource- related activities can be minimized. Other Non-farm, Non-residential Uses Agree with the policy direction. Cultural, Health and Community Facilities: Such facilities,which are normally small scale, are evaluated on a site-by-site basis, based on planning merits,through amendment to zoning. Conditions can be imposed in the zoning to limit the size of expansions and/or conversions to bring a use more into conformity with the intent of the Greenbelt Plan. Other Non-farm,Non-residential Uses Agree with the policy direction. Cemeteries: Clarington's policies are in general conformity with these policies but the addition of the Schedule showing the Greenbelt Protected Countryside is necessary. Other Non-farm, Non-residential Uses Support the recommended decision-making framework. Secondary Agricultural Uses: Allowing non-agricultural uses in the countryside can be very detrimental to agricultural operations. Secondary agricultural uses could be allowed by amendment to the Official Plan based on the criteria set out in the decision-making framework(see Appendix 1). The proposed framework for decision- making would help screen out proposed secondary uses that are not compatible.The framework is being reviewed with the Agriculture Advisory Committee of Clarin ton. Other Non-farm, Non-residential Uses Decision-makers need to be aware of the impacts on adjacent C:\Users�snol\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy AACC Comments (Septzot3)11 Non-Agricultural Secondary Uses: properties and take them into account. Secondary non-agricultural uses are encouraged locate on properties that are appropriately zoned. They could be allowed by amendment Owners should not be allowed to change land uses just because to the Official Plan based on the criteria set out in the decision- they bought the property with a different use in mind. making framework(see Appendix 1). The proposed framework for decision-making would help screen out proposed uses that are not compatible in predominately agricultural areas.The framework is being reviewed with the Agriculture Advisory Committee of Clarington and as part of the public information sessions for this Discussion Paper. Other Non-farm, Non-residential Uses PPS eliminated retirement lots in 2005. Retirement Lots The policy regarding retirement lots should be deleted from the Clarin ton Official Plan. Other Non-farm, Non-residential Uses Many farmers have now struggled with what to do as a landlord Second Dwelling for a second dwelling and understand the intent of the policy. Extend the policy established for the Oak Ridges Moraine to the Temporary, mobile or portable units and bunkhouses can be remainder of the rural area, restricting secondary dwellings to a cold if they do not have a basement, is there some flexibility in temporary, mobile or portable unit. the building code as to how these can be insulated? Other Non-farm, Non-residential Uses Agree.that severed parcels need to include the well, septic, and Surplus Farm Dwellings building foundation, essentially areas that cannot be farmed. The existing policy requires a minimum amount of land (generally less than 0.6 ha)to be retained with a surplus dwelling and sets out other criteria. However, additional criteria for the severed parcel would be to allow the parcel size to increase to include features that cannot be farmed (e.g. well, septic,building foundations)while ensuring that the maximum size remains less that 2 ha. An additional policy stating that within the Protected Countryside of the Greenbelt Plan Area,the dwelling was in existence as of December 16, 2004 is required for conformity. C:\Users�snoi\AppData�Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy AACC Comments (Sept 203) Other Non-farm, Non-residential Uses Support the inventory that the Heritage Committee has Severance for Heritage Structures undertaken. Agree that the concept of a heritage subdivision had implementation issues because of the costs and distances The policies of Chapter 8 are applicable and each case reviewed on that buildings have to be moved. its merits including potential solutions.The Clarington Heritage Committee has been working on capturing rural heritage structures through a photographic inventory. Other Uses/Issues Support a more comprehensive approach to aggregate Aggregate Extraction: rehabilitation areas. Minor changes are required to bring the Official Plan into conformity with the Greenbelt Plan and the 2012 Review of the PPS. These minor changes will increase the already stringent policies around resource conservation and require a more comprehensive approach to rehabilitation. In addition,visual impact analysis and mitigation measures will be added to the criteria that Aggregate Extraction Area Studies must meet. Other Uses/issues Support additional policies for renewable energy, the benefit Alternative (Renewable Energy should flow back to more than just the individual property owner; it should also take into consideration and provide The current policies of the Official Plan allow for new electrical compensation for impacted properties; although not sure how generation proposed by private corporations by amendment to the this would happen. plan. Should changes to the Renewable EnergyAct provide municipalities with approval authority over the siting and land use aspects of renewable energy projects, additional criteria regarding visual impact assessment and mitigation measures to address the importance of landscapes, vistas and ridge-lines would be added to the existing policies. Infrastructure/Utilities Agree. The applicable enabling policies with regard to infrastructure from the Greenbelt Plan should be added to the Official Plan. In addition, C:\Users\snoi\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy AACC Comments (Sept 2013) the need f coordinate emergency planning/response and traffic management planning for all infrastructure and utility projects with the appropriate agencies should be added as policy requirements. The Greenbelt Legislation Support the refinements that the Municipality has made to the The Durham Region Official Plan came into conformity with the natural heritage systems that more accurately represent what is Greenbelt Plan through Amendment 114, proposed policy directions on the ground than the Greenbelt schedule. recommended as part of this Discussion Paper would bring Clarington's Official Plan into conformity.The proposed Figure 8 reflecting the Greenbelt Protected Countryside and Natural Heritage System should be added to meet the Greenbelt legislation, proposed policies reflect the Greenbelt Plan and policies. Urban/Rural Fringe and Whitebelt lands (the 8 percent) Support the development of a LEAR study that is developed in The growth management and agricultural sections of the Official conjunction with the agricultural community to ensure that the Plan include additional criteria and tests to ensure that any urban information is accurate. boundary expansion proposals only occur once all other options such as intensification and redevelopment within the urban Have much concern as to how the Municipality is going to boundaries have been explored. Clarington could investigate protect agricultural land for the next 50 years. expanding the Greenbelt by preparing the necessary background documentation such as a LEAR. Buffers/Setbacks Agree with the imposition of hard boundaries such as roads, In areas where urban and hamlet settlement boundaries are valley systems and woodlots. proposed to be expanded there should be, as a minimum, a hard boundary between the agricultural uses and residences such as a 30 metres is not enough for some farm practices but realize the roadway, valley system or woodlot. The setback distances set out in problems with being able to protect in relationship to specific the guidelines for odour, noise, dust, light and pesticide applications types of agriculture. require at minimum,30 metres of separation from a potential source. Hamlets Support only the minor rounding out of hamlets and with hard The rounding out of hamlets in the land use schedules will be boundaries as mentioned above. dependent upon approval of the "refined" natural heritage systems C:\Users\snot\AppData�Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy AACC Comments (Sept 2013) boundaries and proponents for rounding out providing the necessary documentation to address the existing policies of the Official Plan. In addition the character of hamlets is very important to the residents.As part of the studies identified in f)above, proponents will have to show how they are maintaining and complimenting the existing housing character through the positioning of the homes on the lots, scale, building materials and other design elements. Further, as set out in Section 4.4.6 the edge of hamlets should be setback from agricultural operations by a roadway, valley system, woodlot or other similar buffer. Country Residential Subdivisions Support the elimination of country residential. Consistent with the Greenbelt Plan and DROP, Country Residential subdivisions are no longer permitted. Section 12.5 of the Clarington Official Plan will be amended to bring it into conformity with the Regional and Greenbelt policies. Rural Residential Clusters Support. In conformity with the Greenbelt Plan no new residential clusters are allowed. Policy 12.6.3 of Clarin ton's Official Plan should be deleted. Vacant Rural Lots of Record Concern with how remnant parcels from the 4o7 are going to be The Official Plan will include polices to reflect the intent of the used, and disposed of. Greenbelt with regard to limiting additional residential development in the countryside. The creation of remnant parcels caused by "natural severances" (e.g.the development of roadways)should be limited. Orono Employment Area Support, this type of employment area is needed. A"dry" employment area to the east of Orono must meet the requirements set out in the Minutes of Settlement for ROPA 128 and Is there a need for water for firefighting that should be the general policies and development standards set out in addressed? Clarington's Official Plan. Additional specific polices for a "dry" employment area will be formulated to clearly articulate criteria for development. This "dry" employment area will be an exception to some of the general criteria (e.g.full municipal services) and include C:\Users\snol�AppData\Loca1\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx Proposed Policy Y - AACC Comments Se t Zot � P 3) specific standards to provide for visual screening, landscape and design criteria. C:\Users\snol�AppData\Loca1\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PK828Q60\AACC Comments on Countryside Policies.docx DURHAM REGION Ec Dev AGRICULTURE updates: From Nancy Rutherford, October 10, 2013 • Agriculture Strategy (does Committee want copies if they don't have any?) o Working with steering committee to identify action items ■ Had one meeting, arranging another soon to work out priorities actions to move ahead for 2014 • Federal Abattoir • Meeting October 1St Summary • Date for next meeting—November 12th—to secure commitments from the producers of the various red meat sector • Proposal for GF2 being considered for collaboration and possibly marketing aspect of project • Regional Farmers Market—Oct 10th 0 14 vendors—participated—big success o Durham Farm Fresh attended o Feedback was that both the vendors and market attendees would like the market more frequent that once-a year. We will be looking into this possibility. • Cold Storage Feasibility o Feasibility study and Business plan near completion—will share when we receive presentation from consultant—early Nov. o Many local users of cold storage were surveyed-results are indicating definite need for refrigeration service (maybe more so than freezer) o Any comments from CAAC welcome. • Farm Connections Program o High School Program Summary -first time in north Durham,took place at Port Perry High School—very good participation,great effort(as usual) by the Farm Connection volunteers (perhaps Eric can give further details) • Next year high school may also be held in north Durham. • Grade 3 Program—Working group meetings are underway for 2014 • LLG Incoming Mission o Durham Region dairy cattle and goat herd farmers(2 in Scugog and 1 in Uxb) members of LLG Alliance, hosted a delegation/mission from England and Mexico in Sept to showcase our high quality herd health standards and livestock quality. The tour also included farm members of LLG in Kawartha Lakes and Peterborough County. o Go to the LLG website for further info if interested httpJlllgenetics.ca/ • Golden Horseshoe Food &Farming Alliance (GHFFA) • Agricultural Ec Dev Profile update—.from 2011 census/data. Consultant has been hired (Marg Walton, Planscape)to prepare this profile for entire Golden Horseshoe(Durham will have own section updates which will be very useful). Consultant coming to DAAC Nov 5th meeting • Asset Mapping—is being created/developed also for the golden horseshoe to give us an up to date accurate picture of the agricultural sector assets(e.g. Farms, agri-food businesses (processing, distribution etc). This will then be a key piece of knowledge for the Regions to understand the 'landscape'of agriculture and capacity • McVean Farm Tour(through GHFFA) o a few Durham representatives attended the McVean Farmstart location in Brampton and the Albion Hills community farm in Caledon East. These are unique projects in partnership with TRCA.on TRCA owned lands. It is similar to a farm incubation where individuals wishing to get into farming can start on a small scale with a plot of land rented and grow in size from there until they are in position to go out on own. Would be interesting to try and adopt a similar concept or approach on public or CA owned lands in Durham. 1 - 4 CLARINGTON SAFE COMMUNITIES ADVISORY COMMITTEE October 17, 2013, 3:00 P.M. MEETING ROOM 3C Present: Chris Newman, Firehouse Youth Centre, Chair Len Creamer, Manager, Municipal Law Enforcement Mayor Adrian Foster Rolf Kluem, Durham Regional Police Services Maria Perrino, John Howard Society Gord Weir, Director of Emergency Services Also Present: Patti Barrie, Municipal Clerk 1. MINUTES Moved by G: Weir, seconded by R. Kluem . THAT the minutes of the meeting held,on June 20, 2013 be approved. CARRIED Moved by R. Kluem, seconded by G. Weir THAT the minutes of the meeting held on September 19, 2013 be'approved. CARRIED 2. BUSINESS ARISING FROM PREVIOUS MEETING (a) Election of Vice-Chair Moved by A. Foster, seconded by L. Creamer THAT the position of Vice-Chair be shared between R. Kluem and G. Weir. CARRIED (b) Community Survey The community survey was completed, reviewed and approved and distributed at Family Safety Day. Many attendees were interested in hearing about the Safe 'Communities Advisory Committee, but were too busy to complete the survey that day. A few on-line surveys have been completed. Chris will speak with Jennifer Cooke about the possibility of doing a social media blitz and media release. Clarington Safe - 2 - October 17, 2013 Communities Committee Discussion ensued regarding future clean up days along Bowmanville Creek and coordination with Valleys 2000 for this work. Through the clean-up, the committee is promoting the safe use of the area, however should the Committee focus its efforts on cleaning of graffiti in the municipality? (c) Central Ontario Crime Prevention Association Meeting — Update/Ideas Chris attended the morning session where a presentation was received from Safe Cities Mississauga. They reached out to the community and put the onus of a safe community on the public by asking "Do you care about your community?" Chris is working with Durham Regional Police by attending their information sessions on home security.which are planned for November 28 (Courtice Complex), December 2 (Garnet B. Rickard Recreation Complex) and December 5 (Newcastle & District Recreation Complex) to introduce the committee and talk about the work being done. Members are encouraged to attend. It was agreed that the Committee should take advantage of events already happening in the community to get our message out, ie, Rotary, Lions, Mayor's Levee, various service clubs, ratepayer's groups, etc. 3. NEW BUSINESS (a) Durham Regional Police Trending Reports Rolf Kluem is currently drafting a community patrol plan highlighting various areas to focus on. He indicated that property crime in the municipality has decreased, break and enters have remained similar to previous months, mischief charges are down 23%, impaired driving arrests have increased due to the police putting more of a focus in this area, traffic accidents have decreased by 4.6% and more greatly'in targeted areas. 4. OTHER BUSINESS (a) Municipal World Article i An article entitled "It Takes a Neighbourhood to Fix a Window" which was published in the August 2013 was distributed to the members for information. (b) Graffiti Clean Up It was agreed that the Committee would undertake a further graffiti in the spring. Rolf Kluem advised that he has a student starting in the near future who will undertake research on graffiti and vandalism in the Courtice area and identify opportunities for improvement. Clarington Safe - 3 - October 17, 2013 Communities Committee 5. DATE OF NEXT MEETING The next meeting is scheduled to be held on November 21, 2013, in Meeting Room 1A at 3:00 p.m. 6. ADJOURNMENT Moved by Rolf Kluem, seconded by Gord Weir THAT the meeting adjourn. CARRIED Chris Newman, Chair Patti Barrie, Municipal Clerk Clarl'ngton Leading the Way REPORT#1 REPORT TO COUNCIL MEETING OF NOVEMBER 4, 2013 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 28, 2013 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-061-13 Priority Green Clarington — Update (b) EGD-034-13 Monthly Report on Building Permit Activity for September, 2013 (c) FND-016-13 Financial Update as at September 30, 2013 (d) COD-023-13 Labour Relations — Mediation Decision 2. APPLICATIONS TO AMEND A DRAFT APPROVED PLAN OF SUBDIVISION AND TO AMEND THE ZONING BY-LAW APPLICANT: CLARET INVESTMENTS LTD. & 1361189 ONTARIO LIMITED THAT Report PSD-054-13 be received; THAT the application for an Amendment to a Draft Approved Plan of Subdivision 18T-94027 submitted by WDM Consultants, on behalf of Claret Investments Limited and 1361189 Ontario Limited, be supported subject to conditions as contained in Attachment 1 of Report PSD-054-13; THAT the Zoning By-law Amendment application submitted by WDM Consultants, on behalf of Claret Investments Limited and 1361189 Ontario Limited, be approved as contained in Attachment 2 of Report PSD-054-13; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 Report#1 - 2 - November 4, 2013 THAT a By-law authorizing the removal of the (H) Holding symbol be approved for lots within a future registration once all provisions, contained within the Official Plan with respect to the removal of the (H) Holding Symbol, are satisfied; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-054-13 and Council's decision; and THAT all interested parties listed in Report PSD-054-13 and any delegations be advised of Council's decision. 3. AN APPLICATION TO CREATE ONE (1) RESIDENTAL LOT ON THE NORTH SIDE OF ORMISTON STREET, EAST OF OLD SCUGOG ROAD, IN HAMPTON APPLICANT: 562503 ONTARIO LIMITED THAT Report PSD-060-13 be received; THAT the application to amend the Zoning By-law, be approved, and that the draft Zoning By-law Amendment, as contained in Attachment 1 to Report PSD-060-13, be passed; THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-060-13 and Council's decision; and THAT all interested parties listed in Report PSD-060-13 and any delegations be advised of Council's decision. 4. TENDER AWARD APPROVAL FOR GREEN ROAD AND CPR GRADE SEPARATION, BOWMANVILLE, CONTRACT NO. CL2013-26 THAT Report EGD-036-13 be received; THAT the established General Purpose and Administration Committee tender award approval process be waived for the tender award of the Green Road and CPR Grade Separation, Bowmanville, Contract No. CL2013-26; THAT award of the tender for Contract No. CL2013-26 go directly to Council for approval consideration at the regular meeting of Council on November 4, 2013 and; THAT the Mayor and Clerk be authorized to execute the agreement between the Canadian Pacific Railway Company and the Municipality of Clarington for the rail bridge over Green Road. I Report#1 - 3 - November 4, 2013 5. SMALL, RURAL AND NORTHERN MUNICIPAL INFRASTRUCTURE FUND THAT Report EGD-037-13 be received; THAT the Municipality submit one (1) Expression of Interest for consideration of funding from the Small, Rural and Northern Municipal Infrastructure Fund program; THAT the following works be endorsed as the Municipality of Clarington's highest priority project for the Small, Rural and Northern Municipal.Infrastructure Fund: i) Concession Road 7 Road Rehabilitation from Leskard Road to Highway 35/115 - $1,030,000.00; THAT the information in the Expression of Interest is factually accurate; THAT the Municipality of Clarington is completing a comprehensive asset management plan that includes all of the information and analysis described in Building Together: Guide for Municipal Asset Management Plans, with the intent to have it in place by December 31, 2013; THAT the comprehensive asset management plan will be publicly available, including online on the Municipality of Clarington's website, by May 30, 2014; THAT the project put forward in the application will be completed by December 31, 2015; THAT Report EGD-037-13 be forwarded to the Small, Rural and Northern Municipal Infrastructure Fund-Capital Program c/o Rural Programs Branch as part of the Expression of Interest; THAT the applicable department proceed with the preparation and submission of the Expression of Interest including all supporting documentation; THAT, should the Expression of Interest pass the screening process, the applicable department proceed with the preparation of the application for funding including all supporting documentation required under the program; THAT, should the Small, Rural and Northern Municipal Infrastructure Fund application be approved, staff report back to Council detailing the funding arrangements for the project as Clarington's share will not be known until the funding is approved. The Finance Department has confirmed funding is available for Clarington's share of the project; and Report #1 - 4 - November 4, 2013 THAT the Mayor and Clerk be authorized to execute the Small, Rural and Northern Municipal Infrastructure Fund Contribution Agreement and any other documents required to take advantage of this funding opportunity as required by the Ministry of Rural Affairs. 6. APPOINTMENTS TO SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE, THE CLARINGTON HERITAGE COMMITTEE, AND THE GANARASKA FOREST RECREATIONAL USERS COMMITTEE THAT Report CLD-029-13 be received; THAT the resignation of Pat Mulcahy be received, with regret, and that she be thanked for her contribution to the Samuel Wilmot Nature Area Management Advisory Committee; THAT the resignation of Colin Maitland be received, with regret, and that he be thanked for his contribution to the Clarington Heritage Committee; THAT Leo Pinto be re-appointed to the Ganaraska Forest Recreational Users Committee for a term concurrent with Council; THAT Victor Suppan be appointed to the Clarington Heritage Committee for a term concurrent with the term of Council; THAT Leo Blindenbach be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term concurrent with Council; and THAT all interested parties listed in Report CLD-029-13 be advised of Council's decision. 7. RFP2013-5 JANITORIAL SERVICES AT VARIOUS LOCATIONS THAT Report COD-022-13 be received; THAT the proposal received from Country Town Cleaning, Bowmanville, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2013-5 be awarded the contract for the Janitorial Services with a bid amount of$68,913.66 (net of H.S.T. Rebate); THAT, pending acceptable pricing and satisfactory service, the Purchasing Manager be authorized to extend the contract for an additional three years; and THAT funding be provided from the current year's respective departments Operating Budgets. Report #1 - 5 - November 4, 2013 8. CODE OF CONDUCT THAT Report LGL-010-13 be received; and THAT the Clarington Council Code of Conduct, (Schedule A to By-law 2009-163), be amended to incorporate Section 9 (Gifts and Benefits) and Section 13 (No Improper Use of Influence), from the Model Code of Conduct (Attachment 2 to Report LGL-010-13), which are two areas where there are currently no comparable policy or by-law. 9. ENVIRONMENTAL LAWYER'S OPINION ON THE REGION OF DURHAM'S FINAL MONITORING PLAN AND THE HOST COMMUNITY AGREEMENT — FORWARDING THE EUROPEAN UNION DOCUMENT THAT the European Union documentation, as referred in the delegation of Ms. Bracken at Regional Council on October 9, 2013, be forwarded to the environmental lawyer, at McMillan Binch, to supplement the source materials for preparing the opinion regarding the Region's final monitoring plan and compliance with the Host Community Agreement. 10. NOMINATION PROCESS —VERIDIAN CORPORATION AND VERIDIAN CONNECTIONS INC. THAT Addendum to Report CLD-027-13 be received; THAT Report CLD-027-13 be received; THAT the procedure for nominations to and the replacement of directors on the Veridian Corporation and the Veridian Connections Inc. Boards, as outlined in Attachment No. 2 to Addendum to Report CLD-027-13, be approved with'the following amendments: • Section 2.1 c) — Replace the words "Inaugural Meeting of Council" with the words "first General Purpose and Administration Committee meeting". • Section 2.1 d) — Replace the words "Inaugural Meeting of Council" with the words "first General Purpose and Administration Committee meeting". Report #1 - 6 - November 4, 2013 • Section 2.1 d) i) c) —Add the following wording at the end of this section: "The name of the representative may be chosen from the submitted candidates list for the Corporation Board position, or a member of the public who has submitted their name to the Municipality for consideration on or before the publication of the Agenda for the first General Purpose and Administration Committee." • Section 2.1 d) ii) a) — Replace:this section with the following wording: "Either (i) the Mayor provided that the Mayor is sitting on the Veridian Corporation Board; or (ii) the Mayor's Designate if the Mayor does not sit on the Veridian Corporation Board; or (iii) the Member of Council who is nominated to the Veridian Corporation Board of Directors; and" • Section 2.2 — Change the title from "Replacement of Directors" to "Replacement or Resignation of Directors". • Section 2.2.1.2 b) — Replace this section with the following wording: "In the event of a replacement or if a director resigns, the Municipal Clerk shall request Veridian to undertake their process as outlined in subsection 2.1 a) to seek applications to fill the vacancy and make recommendations to Council for Clarington's nominee to the Veridian Corporation Board of Directors, and it shall be advertised on the Municipality's web site." • Section 2.2.1.2 c) — In the first sentence, replace the word "Council" with "General Purpose and Administration Committee". • Section 2.2.2. — Delete the following sentence: "While, as noted earlier, the Veridian Corporation Board is not obliged to appoint the nominees put forward by the Municipality to the Board of Directors of Veridian Connections Inc., every attempt will be made to work with Veridian to implement the following process:" Report#1 - 7 - November 4, 2013 • Section 2.2.2. b) — Replace this section with the following wording: "The Municipal Clerk will advise Veridian' Corporation of Council's decision. If the director requested to be removed is the non-elected director, or if there is a resignation, the Municipal Clerk will also request Veridian to commence their process as outlined in subsection 2.1 a), and it shall be advertised on the Municipality's web site to seek applications to fill the vacancy and allow Clarington Council the opportunity to nominate the candidate for the director position." • Section 2.2.2.2. a) — Replace this section with the following wording: "Upon notification that the director has been removed or resigned, and receipt of the report from the Veridian Nominating Committee containing the list of all applicants and the Nominating Committee's recommended Director, as well as any applicants who have submitted their applications directly to the Municipality on or before the publication of the General Purpose and Administration Committee meeting Agenda during which the nominations will be made, the Municipal Clerk's Department will include it on the next regularly scheduled General Purpose and Administration Committee meeting agenda, reproducing the report for distribution, confidentially, to the Members of Council together with the agenda. The agenda will be published in accordance with the Municipality's Procedural By-law." and THAT all interested parties listed in Addendum to Report CLD-027-13 be advised of Council's decision. 11. DELEGATION OF DALE GIBBONS, CHAIR, COURTICE SANTA CLAUS PARADE, REGARDING THE 1ST ANNUAL COURTICE SANTA CLAUS PARADE THAT the delegation of Dale Gibbons, Chair, Courtice Santa Claus Parade, regarding an update on the planning of the 1ST Annual Courtice Santa Claus Parade, be received with thanks; and THAT the organizing committee be thanked for their participation and efforts. Report #1 - 8 - November 4, 2013 12. REQUEST FOR BY-LAW EXEMPTION TO ALLOW A DOUBLE DEPTH BURIAL AT BOWMANVILLE CEMETERY THAT the request from Stephanie Beatrice Annis, for an exemption from the Cemetery By-law 2012-061, to allow double depth burial in grave R-353-6-3 of the Bowmanville Cemetery, be approved. 13. TYRONE CEMETERY THAT Resolution #CGPA-18-13, passed in Closed Session regarding Tyrone Cemetery, be ratified. SUMMARY OF BY-LAWS NOVEMBER 4, 2013 BY-LAWS 2013-094 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Claret Investments Ltd. & 1361189 Ontario Limited) (Item 2 of Report#1) 2013-095 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (562503 Ontario Limited) (Item 3 of Report #1) 2013-096 Being a By-law to amend Schedule "A" to By-law No. 2009-163 (Code of Conduct— Members of Council) (Item 8 of Report#1) 0 (tLeadilig the Way MEMO CLERK'S DEPARTMENT To: Mayor Foster and Members of Council From: Patti L. Barrie, Municipal Clerk Date: November 1, 2013 Subject: COUNCIL AGENDA — NOVEMBER 4, 2013 Please be advised of the following regarding the November 4th Council meeting: DELEGATIONS There are no delegations scheduled for this meeting. STAFF REPORT 1. Attached is Staff Report#1 - COD-026-13 —Tender CL2013-26, Green Road & CPR Grade Separation BY-LAWS 2013-097 Being a By-law to authorize the debenturing of approximately $6,400,000 plus debenture costs to assist in the construction of the Green Road and CPR raid Separation in the Municipality of Clarington (Staff Report#1) Patti L. Barrie, CMO Municipal Clerk P L Blcf Attachment cc: Frank Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 Staff Report #1 Ckviflooll REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: November 4, 2013, Resolution##: By-law#: Report#: COD-026-13 File#: CL2013-26 Subject: TENDER CL2013-26, GREEN ROAD & CPR GRADE SEPARATION RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report COD-026-13 be received; 2. THAT Toronto Zenith Contracting Ltd., Concord, Ontario, with a total bid in the amount of$4,708,747.60 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2013-26 be awarded the contract for Green Road and CPR Grade Separation, as required by the Municipality of Clarington, Engineering Department; 3. THAT the funds required in the amount of $7,352,400.00 (which includes $4,708,747.60 for tendering, design, contract administration, material testing, contingencies and net HST) be drawn from the following Engineering Department Capital Accounts: Accounts: 110-32-330-83421-7401(Debenture Proceeds) ...............................$6,388,600.00 CPR Contribution ................................................... ............................$963,800.00 Total funds required .........................................................................$7,352,400.00 4. THAT Council express its intent to fund this project, including debenture repayments and financing to the maximum extent allowable from future development charges; 5. THAT the Director of Finance/Treasurer be authorized to make application to the Region of Durham for a debenture in the approximate amount of$6,400,000.00 plus debenture costs to finance Clarington's share of the total cost of the Green Road and CPR Grade Separation project, such terms at the discretion of the Director of Finance. 6. THAT the Mayor and Clerk be authorized to execute the necessary agreement. 7. THAT the attached By-law marked Schedule "A" be approved to authorize the debenturing required. REPORT NO,: COD-017-12 PAGE 2 Submitted Y: rc. (_'.� I� Reviewed by. -Marie Marano, H.B.Sc., Franklin Wu, Direct pr of Coror to Se ices Chief Administrative Officer ancy T ylor, B A., .P.A. C.A., Director of Finance/Treasurer MM1J DBlbr CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: COD-026-13 PAGE 3 1. BACKGROUND 1.1 Tender specifications were provided by AECOM Canada Ltd. for the Green Road and CPR Grade Separation project. 1.2 Tender CL2013-26, Green Road and CPR Grade Separation was advertised in the Daily Commercial News as well as electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were received and tabulated as per "Attachment 1". 2. ANALYSIS 2.1 A total of fourteen (14) submissions were received in response to the tender call. All submissions met the mandatory submission requirements; i.e. completed pricing, executed bid forms, bid bonds, performance surety and acknowledgement of addenda as required by the Purchasing By-law. 2.2 This project is a complex project involving the temporary diversion of a section of CPR track, construction of a rail bridge, reconstruction of track bed, walkways and street repair all while maintaining rail traffic on a busy rail line. Although there is an element of conventional road construction involved in the project, the rail related work equates to approximately 75% of the project. Due to the unique nature of the work, the contractor must bring the experience of railroad work to the project in order to complete the work properly and on schedule. 2.3 Due to the complexity of the project and requirement for on-going operation of the CP rail line, the tender included a requirement that the bidder have a minimum of five (5) years experience successfully completing this type of work. 2.4 After review and analysis of the bids by AECOM, the Engineering Department and Purchasing, it was determined that the low bidder, Harvie Construction, did not meet the minimum requirement of five years experience in successfully completing the type of work under this contract. The references provided with the bid raised questions about the Company's experience and their actual involvement in the projects used as references. The company itself is a relatively new company formed within the last 3 years. 2.5 In order to clarify the numerous questions which included level of experience, company background, and also some questionable and irregular pricing within their bid, a meeting was arranged with representatives of Harvie Construction to clarify several points. 2.6 During the discussions with representative of the firm it became clear that the firm did not have the required experience to satisfy our requirements. In fact, the company had only recently been formed and the experience they offered related to projects originally bid by a now dissolved company. Moreover, these projects REPORT NO.: COD-026-13 PAGE 4 dealt with commercial site construction dating back to 2010; nothing related to railroad related projects. 2.7 In addition to the experience issue, as noted above, there were line items within the bid that raised questions due to what appeared to be irregular prices. The irregularities were noted during comparison of the prices to determine if the unit prices bid were reasonable. For example: • the price provided by Harvie for a pedestrian path with lighting was 81% lower than the average price; • the price to remove and dispose of an existing structure including excavation for new bridge, remove and deliver steel structure was 77% lower than the average price; • the price quoted for bridge deck waterproofing was 70% lower than the average price; • the price of bonds, insurance and maintenance security was 78% higher than the average; and • the price quoted for the pre-condition survey was 8 times higher than the average price. In addition to the absence of any of the required railway experience, the foregoing pricing issues raised questions about the firm's understanding of the specifications and whether the bid was balanced. Their explanation of the irregularities did not alleviate the concerns; in fact some items increased the concern that the true costs are not reflected in the bid, leaving staff with an expectation that this will result in attempts to recover costs by claims for extra work. 2.8 For the foregoing reasons, the low bid from Harvie Construction has been rejected and the second bidder, Toronto Zenith Contracting Ltd., Concord, Ontario is recommended for this project. 2.9 Toronto Zenith Contracting Ltd. meets all of the requirements of the tender including the requirement for relevant experience and is therefore recommended for the contract to complete the Green Road and CPR Grade Separation project. A copy of the recommendation memo from the Engineering Department with the recommendation letter from AECOM attached is appended as "Attachment 2". 2.10 Toronto Zenith Contracting Ltd., Concord has not provided similar services to the Municipality of Clarington in the past. However, a review of the references provided with the submission together with additional inquiries indicates that Toronto Zenith Contracting Ltd., Concord, has satisfactorily completed similar work for other agencies, including rail companies. 2.11 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. REPORT NO.: COD-026-13 PAGE 5 3. FINANCIAL 3.1 The total project cost of$7,352,400.00 represents the CPR portion with Clarington's portion amounting to $6,388,600.00 (net of H.S.T. Rebate). The total project cost includes $4,708,747.60 for tendering (net of HST), design, contract administration and contingencies. The funding and costs for this project are outlined in the memo from Engineering Services ("Attachment 1 3.2 Funding for this project will be drawn from the following Engineering 2013 Capital account: Roads and Structures: 110-32-330-83421-7401 (Debenture Proceeds) ..............................$6,388,600.00 CPR Contribution ................................................................................$963,800.00 Total funds required .........................................................................$7,352,400.00 3.3 This project is a 100% growth related project to be funded from Roads and Related Development Charges collection as identified in the Development Charges Background study. It has always been the intent (reflected in the 2013 approved Capital Budget) that this project would be funded from a debenture to be repaid by development charges collections. There are sufficient development charges collections occurring to fund the annual repayment (principal and interest) over the 15 year life of the debenture. 3.4 It is recommended that the Director of Finance/Treasurer be authorized to apply to the Region of Durham for a debenture for this project, with terms at the discretion of the Director of Finance in order to negotiate the best possible terms on behalf of the Municipality. 4. CONCURRENCE 4.1 This report has been reviewed by Tony Cannella, Director of Engineering Services who concurs with the recommendations. 5. CONCLUSION 5.1 To award the contract to Toronto Zenith Contracting Ltd., Concord, Ontario for the Green Road and CPR Grade Separation. REPORT NO,: COD-026-13 PAGE 6 CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives x Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Marie Marano, Director of Corporate Services Attachments: Schedule "A" -- Debenture By-law Attachment I — Bid Tabulation Attachment 2 — Recommendation Memo from Engineering Services with AECOM Letter List of interested parties to be advised of Council's decision: NONE Schedule"A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2013-xxx Being a By-Law to authorize the debenturing of approximately$6,400,000 Plus debenture costs to assist in the construction of the Green Road and CPR Grade Separation in the Municipality of Clarington. WHEREAS Section 403 of the Municipal Act,2001,S.0,2001,provides that By-Laws may be passed to allow for borrowing for the purpose of the Corporation and the issuance of debentures thereof; WHEREAS the Council of the Corporation of the Municipality of Clarington wishes construction to proceed on the Green Road and CPR Grade Separation; WHEREAS the Council of the Corporation of the Municipality of Clarington has approved Report COD-026-13 at its meeting of November 4,2013,for the Green Road and CPR Grade Separation; WHEREAS the Director of Finance/Treasurer has updated the Municipality's annual debenture limit and this limit has not been exceeded,therefore,the Ontario Municipal Board approval is not required; NOW THEREFORE,Be It Enacted and It is Enacted as a By-law of the Corporation of the Municipality of Clarington as follows: 1. THAT the Municipality proceed with the construction of the Green Road and CPR Grade Separation,in the Municipality of Clarington; 2. THAT the sum of approximately$6,400,000,plus debenture costs,be debentured over a period not to exceed fifteen(15)years;and 3. THAT the hinds to repay the principal and interest of the debenture be raised through future development charges. BY-LAW passed in open session this 0 day of November 2013: Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk Attachment 1 ciffiff I Leading the Way Municipality of Clarington SUMMARY OF BID RESULTS TENDER CL2013-26 GREEN ROAD AND CPR GRADE SEPARATION BIDDER TOTAL'BID ToaL Bid HST [hell.) Net of HST Toronto Zenith Concord, ON $5228,856.91 $4,708,747.60 Elirpa Construction & Materials Ltd. $5,388,943.42 $4,852,910.47 Pickering, ON Aecon Construction and Materials $5,457,462.42 $4,914,613.94 Toronto, ON Dagmar Construction Inc. $5,609,492.71 $5,051,521.93 Markham, ON PCL Constructors Canada $5,882,148.04 $5,300,168.37 Mississauga, ON Esposito Bros. Construction Ltd. $5,926,494.30 $5,338,485.92 Nobleton, ON Soncin Construction $6,034,813.59 $5,434,536.56 Concord, ON Cruickshank Construction $6,057,973.50 $5,453,161.33 Kingston, ON Kapp Contracting Inc. $6,615,441.15 $5,957,409.66 Vaughan, ON Hard-Co Construction $6,919,681.11 $6,231,387.16 Whitby, ON Dufferin Construction Company $7`060,763.87 $6,358,436.56 Oakville, ON Pacca Incorporated $7,360,803.05 $6,628,020.58 Ruscom, ON Clearwater Structures $7,545,947.33 $6,795,359.30 Ajax, ON Harvie Construction Inc. Rejected Rejected Woodbridge, ON 4 Attachment 2 Leading flte i'Vay MEMO TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Capital Works DATE: October 30, 2013 RE: Green Road and CPR Grade Separation, Bowmanville CL2013-25 The Engineering Services Department has reviewed the submissions for CL2013-26 and offers the following comments: The limits of the project are Green Road from Aspen Springs Drive to Boswell Drive including the replacement of the Canadian Pacific Railway Company (CPR) rail bridge over Green Road. The extent of the rail works extends 260 m east of Green Road and 265 m west of Green Road due to the temporary diversion of the railway during construction of the new bridge. The completion of Green Road and the rail bridge over the road have long been identified as a key improvement to the West Bowmanville transportation network and will significantly improve both vehicular and pedestrian access at this location as well as relieving some of the traffic from Regional Road 57. The public was consulted during the Municipal Class Environmental Assessment process that was undertaken in 2004 for Green Road and the CPR bridge. Work was originally scheduled for construction in 2007 but was delayed with the Metrolinx (GO) announcement that they were undertaking an Environmental Assessment for the extension of rail service to Bowmanville. The rail extension EA has been completed and Metrolinx has the extension project identified in their "Next Wave" but no definitive date has been established or monies committed to the extension of GO rail service to Bowmanville. As the Green Road link is a vital part of the road network in the area and considering the amount of growth that has happened and that is planned for the near future the Municipality of Clarington needs to move forward with the project and as such the work was included in the 2013 Capital Budget approved by Council and has been tendered. The proposed design is a full urban section consisting of two lanes for vehicular traffic (1 in each direction) and a bicycle lane on each side of the road. The CPR rail bridge is designed to accommodate four lanes of vehicular traffic in the future as well as being able to accommodate future rail expansion along the corridor. Considering the importance of this link to pedestrians, the contract also includes for the provision of a temporary pedestrian path that will connect Green Road to Clarington Boulevard via an existing bridge east of Green Road. Additionally a parking lot is proposed for park users as a result of the informal parking area on Green Road just south of Boswell Drive no longer being available once the road is constructed. Green Road and CPR Grade Separation, Bowmanvilie CL2013-26 Page 12 October 31, 2013 Based on references checked, review of past relevant experience, interview with the low bidder on October 25, 2013 and supplemental information provided by the low bidder, the Engineering Services Department feels that Harvie Construction Inc. (Harvie), which did submit the low bid, does not meet the minimum experience requirements set fourth in the tender documentation ,requiring a minimum of five years of relevant experience. 70% to 80% of the project relates directly to rail items and Harvie has failed to provide any documentation that supports it having the necessary rail related experience to effectively undertake this project. Additionally Harvie has only been in operation for just over two years. In addition to the lack of documentation supporting any rail experience there were several items in the bid submitted that staff feel further substantiates that Harvie did not fully understand the scope of the work. A few examples of this are as follows; Item B1 -- Remove and Dispose of Existing Structure —This item includes the removal of the existing structure, transportation of the existing steel bridge in one piece to Toronto and excavation of existing soil as necessary to construct the new bridge. Harvie's bid for this item is 77% lower than the average price bid. Considering the excavation alone for this item of 4,500 m3, we feel that their bid does not adequately account for the full extent of the work required under this item. They have subsequently stated that their interpretation was that the excavation expected under Item B1 was covered under item B2 — Earth Excavation for Structure Foundations which is a Plan Quantity Item (fixed volume) of only 250 m3. The specifications clearly state that Item B2 is not for the excavation in Item B1. Item 1311 — Bride Deck Water roofin — Harvie's bid for this item is 70% lower than the average bid for the item. Item H2 — Bonds. Insurance and Maintenance Security — Harvie has bid an amount that is 78% higher than the average price bid for this item and this number appears to be skewed unreasonably high, Item H4— Precondition Survey— Harvie's bid for this item was roughly eight times higher than the average price bid, For the above noted reasons Engineering Services Staff recommend that the bid submitted by Harvie Construction Inc. be rejected and the contract be awarded to the next lowest bidder submitted by Toronto Zenith Contracting Limited (Zenith) be awarded the contract. Upon reviewing the tender and references provided by Zenith and some additional direct follow up with Canadian National Railway and Canadian Pacific Railway Company, Engineering Services staff feel that Zenith has met the experience requirement to undertake this project and therefore recommend that they be awarded the contract in the amount of $4,627,307.00 excluding HST ($4,708,787.60 net of HST rebate). Green Road and CPR Grade Separation, Bowmanville CL2013-26 Page 13 October 31, 2013 As this project was initiated by the Municipality of Clarington in order to construct Green Road a cost sharing arrangement of 85115 Road Authority/Railway as set out in the "Apportionment of Costs of Grade Separations" from the Canadian Transportation Agency has been agreed to with the Canadian Pacific Railway Company for the railway related items in the contract. The road construction items are 100% the responsibility of the Municipality. Due to past experiences on similar projects involving rail works, a contingency amount of 15% is carried forward. Therefore based on the above and the railway cost sharing arrangement, including design and tender fees, contract administration fees, utility relocation, track works by Canadian Pacific Railway Company, rail flagging, net HST costs, and contingencies, the Engineering Services Department advises of the following total project cost breakdown: ',` . ''� v ^„"��" ?,�. -t^"',:.,^.a. i*h,7„`�°;a7r ,.: ",.., ,:; �t, � �.r•-e, ,Q� -: -::: �r 110-32-330- xxx-xx-xxx- Account No. 83421-7401 xxxxxx-xxxx Budget Amount $ 8,000,000.00 $ 963,800.00 $ 8,963,800.00 Construction (excluding HST) Based on Low Bid $ 4,048,842.80 $ 578,464.20 $ 4,627,307.00 Design, Tendering and Contract Administration, Utility Relocation, Rail Works by CP, Rail Flagging, net HST, and Contingencies $ 2,339,757.20 $ 385,335.80 $ 2,725,093.00 Total Project Value,(Clarington Share) $ 6,388,600.00 $ 963,800.00 $ 7,352,400.00 Estimated Unexpended Bud et $ 1,611,400.00 $ - $ 1,611,400.00 Additional Funding Required $ - $ - $ We recommend the report to Council move forward based on the above apportionments. Should you have any further questions, please feel free to contact me. Rog/Albright, P. En . M nager, Infrastr cture and Cagi al Works Wb �/ Pc. Will McCrae, P. Eng., Manager, Cobourg Office, AECOM Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services Green Road and CPR Grade Separation, Bowmanville CL2013-26 Page 14 October 31, 2013 Prince William Dr: eff d A �U IBannyca tle-Dr. a B®W1VIAIVT�ILLrL�'� GREEN GRA E SEPARATION CONSTRUCTION AND I VlDeparinient\Capital 1Nerks12013 1CSR.GreenRd,1tTenderlMemo to Purchasing re Tender Award CL2013-26 - Green Road and CPR Bridge.doc � __COM 513 D1 9063722121 tel ��p�J 693rlivisionStreet 8063723821 fax Cobourg,Oflterlo X0A 606 WWW.000M.00m October 30,2013 Mr. A. S.Cannella, C.E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street SOWMANVILLE,Ontario LiC 3A6 Dear Sir: Project No: 60281486 Regarding: Green Road 1 CPR Grade Separation and Green Road Construction,Bowmanville Contract No.CL2013-26(the"Contract"), Municipality of Cfarington Tenders for the above project were opened at the Municipal Offices on Tuesday,October 22,2013 at 2:15 p.m. A list of the bids received Is provided In the table below: y.}y�yy rL,[rt , St�'.1. c, �1 F ,.,r ar,xyfL a 7r'g pCi i-7 _Tl A66�;5; �i?i. POEM l� �' F(Ii�..S.i3 L x I �p �€' UL 3 r € Q r U- F_.,,. S`iL 1 c`:= i�= ;"0.9, /, iC;�; ` a:tf,1 •":-:n..:-..� t--.... —. .� �....._......,FY...r-. �f-,er._4 . � P �� -_.. Harvie Construction Inc. $5,021,969.55' $4,522,439.13* WOODBRIDGE,Ontario Toronto Zenith Contracting Ltd. CONCORD,Ontario $5,228,856.91 $4,70$,747.60 Ellrpa Construction&Materials Ltd. PICKERING,Ontario $5,388,943.42 $4,852,910.47 Aecon Construction and Materials Ltd, TORONTO, Ontario $5,457,462.42 $4,914,613.94 Dagmar Construction Inc. $5,609,49211 $5,051,521.93 MARKHAM,Ontario PCL Constructors Canada[no. $5,885,603.63* $5,300,168.37* MISSISSAUGA, Ontario Esposito Bros. Construction Ltd. NOBLETON,Ontario $5,928,153.58' $5,338,485.92* Soncin Construction Corporatlon $6,034,813.55 $5,434,536.56 CONCORD,Ontario Crulkshank Construction MORRISBt1RG,Ontario $6,055,495.58* $5,453,161,33* Kapp Contracting Inc. VAUGHAN, Ontario $6,615,441.15 $5,557,409.66 Hard-Co Construction Lid. WHITBY,Ontario $6,919,681.11 $8,231,387.16 CL20f 3-28 Tendar Arsmd Lette•Taont+i ZOrtldYFiiiN--OOH I`/XO rl Page 2 October W,2= �,�c•h��o•:=:ice,a r:.:;--_=-�tr� �.�� t�: i` r t; € 1.' ��i+'• i t i a 1 i- t�1ii1 h''1�H!� r,�: �,�ti:� �2 -,•tt �`:.i!._,a '���D.���.?,ib{. .�.'•� +5�:?jr•!L iirl't3::ia I, .. lf 1. F I�I.,u3 s 4uuix`i!`"°ilw, ::fi-.".:YF�C. `: 4ee.!? 7 = i ' t �};t,l'l�%'• I ' >3 ,r , t�.€I�-i�[ Dufferin Construction Company OAKVILLE,Ontario $7,060,763.87 $6,358,436.56 Facca Inc. RUSCOM,Ontario $7,380,125.05* $6,623,424.58` Clearwater Structures Inc. AJAX,Ontario $7,545,947.34" $6,795,359.90 'Calculation Error The'Municipality of Clarington's Purchasing Department(the"Purchasing Department') reviewed all bids to confirm compliance with the Clarington Purchasing By-Law. All bids were deemed compliant by the Purchasing Department. Calculation errors were noted by Clarington on the bids received from Harvie Construction Inc., PCL Constructors Canada Inc., Esposito Bros. Construction Ltd., Cruikshank Construction, Facca Inc. and Clearwater Structures Inc. The calculation errors did not affect the order of the bids as listed above,The values noted above represent the corrected amounts, Harvie Construction Inc. (Harvie)is the lowest bidder. AECOM Canada Ltd. ("AECOM")has reviewed the three lowest bids and confirmed the bid values noted above. As requested by the Purchasing Department, references were checked for the low bidder and second low bidder.The references provided by Harvie were contacted and Indicated that Harvie had not completed projects of similar scope. Specifically,none of the projects referenced Involved"Rail Related Works".On Friday October 25,2013, Clarington and AECOM staff met with Harvie staff to review anomalies in their bid and request additional information demonstrating experience with"Rail Related Works". Harvie provided additional information that did not address all the bid anomalies or the Contract requirement for demonstrating experience on projects with"Rail Related Works". Bid anomalies of particular concern related to prices bid for Items A24, 131, 611, H2 and H4 that when compared to the average price bid for these Items by the other 13 bidders,seemed irregular. References were contacted for Toronto Zenith Contracting Ltd.,the second low bidder, and references stated that Toronto Zenith Contracting Ltd. has satisfactorily completed projects with"Rail Related Works"of similar scope and value to this project, Should funding be available for this project, and the Municipality not elect to proceed with awarding the Contract to Harvie Construction Inc.,we are not aware of any reason why the Municipality would not be entitled, in Its sole discretion,to award the Contract to Toronto Zenith Contracting Inc. in the amount of$4,708,747.60(Inclusive of Net HST)subject to all provisions of the Clarington Purchasing Bylaw being met. 04013-20TSrder A�"Wfw-rwor&o[ea 1trR{ALOW COM Page 3 datobsr 30.20E 3 Bid Cheques or Bid Bonds shall be retained for Harvie Construction Inc.,Toronto Zenith Contracting Ltd.and Elirpa Construction& Materials Ltd. until the Contract has been executed. Should you Have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. r / Will McCrae, P.Eng. Manager,Cobourg Office will,mccrae@aecorn.com W M:cs encl. cc: Mr.Ron Albright,P.Eng.,Manager of Infrastructure and Capital Works,Municipality of Clarington(via e-mail) CUM-26 TO ANarJl8nef-TCN-DZerd4i ONlLD Municlpa(Ity of Clarington Green Road f CPR Grade Separation and Green (toad Construction,Bowmanville Cost Apportionment based on Second Low Did-Toronto Zenith Contracting October 30,2013 Contract No.CL2013-26 AECOM Project#60281486 Municipality of Claringlon CPR Description Total Green Road Grade 85115 Contribution Comments Separation ProjeciIDfAccount Number 110.32-330-83421.7401 xxx-xxx-xxx Construction Costs Contract CL2013-26 Total Pari'A:Track Diversion $ 529.553.00 $ W W 438,517.55 $ 91,035.45 Total Pari'B':Structure -W $ 2,587,251,00 S^— 2,191,663.35 $ 395,587.65 - Total Part'G'.'Crack Reinslatement S 183,774.00 $ 541,417.90 $ 42,3543 10 Total Part'D'-Green Road Civil Works T $ 823,084.00 S 829,084.00 $ - Total Pan'E'-Eiectrical $ 20,820.00 S 20,820.00 $ - — TotalPart'P-GreenPerk-Parking Lot W .S 1$7,895.00 $ 137,895.00 $ _. Total Part'G'-Landscaping $ 9,030.00 $ 9,030.00 $ Sub-Total Construction(Excl,General Items) $ 4,207,407.00 $ 3,768,427.80 $ 528,878.20 W PARTW3 General Items w._ $ 329,900.00 $ 280,415.00 S 49,485.00 — Total Construction $ 4,627,307.00 $ 4,048,842.80 $ 578,464,20 AECOM Design Project Number:50281486 Design,Tendering and Approvals ^Commencement to October 25,2013 __.. $ 212,020.65 $ _F-180,217.55 $ 31,803.10 Total Design,Tendering and Approvals $ 212,020.65 5 180,217.65 $ 31,803.10 Construction Administration,Inspection and Materials Testing Construction Administration,Inspection and Materials Testing S 370,184.56 S 314,656.88 $ 55,5277.88 Estimate Total Construction Administration,Inspection and Materials Testing $ 370,184,56 $ 314,666.88 $ 55,527.68 W Other Costs Rogers Fibreoptic Relocation(Estimated) S 10,000.00 $ 8,500.00 $ 1,500.00 Estimate Hydra Relocation $ 23,125.03 $ 23,125.03 $ - Hydro one Estimate Temporary Track Diversion and Reinstatement of Mainline S 797,59106 $ 677,954.05 $ 119,638,% P.O.No.07898 Environmental Sail Investigation-Go!der Associates $ 3,400.00 $ T 3,400.00 $ - P.O.Pending Flagging for Soils tnvestigatbn for Track Diversion $ 4,250.00 $ 3.612.50 $ 637.50 P.O.No 07800 Soil Investigation for Track Diversion $ 26,500.00 $ 22,525.00 $ 3,975.00 P.O.No.07833 CPR Perm1 Fee and Review of Design $ 88,390.00 $ 75,981.50 S 13,408.50 P.O.No.07576 Confirmation of Property Boundary at CPR/Green Road $ 5,380.00 $ 4,556.00 S 804.00 P.O.No.07654 Flagging for Duration of Project(11 months) S_374,000.00 $ 317,500.00 $ 56,100.00 P.O.No.07957 Total Other Costs $ 1,333,618.03 $ 1,137,654.08 $ 106,063.95 Addition at Project Costs 1,76%Unrecoverable HST(excl contingencies) $ 115,159.09 $ 99,390,37 $ 15.168.72 15%ContlNenciesJIncl.1,76%unrecoverab'aHST) S 694,110.67 $ 607,33832 S 86,772.35 +f-for Rounding Total Estimated Project Cost $ 7,352,400.00 $ 6,388,600.00 $ 963,800.00 Budget Amount $ 81963,800.00 $ 01000,000.00 $ 663,800.00 CPR Contribution as per Grade Separation Agreement Unded(Overi Budget Amount vW 1Y4 $ 1,611,400.00 1$ 1,611,400.00 0.00 All costs exdrido H 9-T except where indicated fliow, N" FOR GOUHUL r O E N � O U Q � � z C: >1 0 0 u� n000 E u- ol U 1 x O -� O (n O CL ._ � O � U 70 O E cn U U) 0 ,0 L - L _ O O t - a � Q •- >, Z O O C, Z � C� 2 � O Q U_ J ■ i (D C: _0 Jc: C: E O > p O4 O C) C: U) .- O ,O -� O -� •- U U 0 � O m 0 0 V L Mm V U) O � =3 C: 100 � 7C) 0 LO � v _0 I s- N { O O + O U) C/) -� >N .S L- � 0 O 000 w � v ° � a) LO Q u- o -� NO - . . 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