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HomeMy WebLinkAbout06/05/2006 ~ ~l~!pgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JUNE 5, 2006 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of May 23,2006 301 4.(a) PRESENTATION Glynis Withyman, Commander, COMRA Services '-' (b ) DELEGATIONS No Delegations 5. PUBLIC MEETINGS No Public Meetings 6. PLANNING SERVICES DEPARTMENT (a) PSD-065-06 - Rezoning to Permit a Gas Station, Car Wash and 601 Convenience Store Applicant: Eastman Holding Ltd. (b) PSD-066-06 - 2005 Growth Trends Review 611 (c) PSD-067-06 - Application for Removal of Part Lot Control 632 Applicant: 2075568 Ontario Limited (Highmark Homes) '-' (d) PSD-068-06 - Application for Removal of Part Lot Control Applicant: Phip Limited (The Foley Group) 638 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 - June 5, 2006 '-" (e) PSD-069-06 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of May 25, 2006 644 (f) PSD-070-06 - Application for Official Plan Amendment and Rezoning to Permit a High Density Housing Development Applicant: Martin Road Holdings Limited 656 7. ENGINEERING SERVICES DEPARTMENT No Reports 8. OPERATIONS DEPARTMENT (a) OPD-007-06 - Parks By-law 801 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT '-" (a) CSD-010-06 - Grant Request - The Driftwood Theatre Group 1001 11. CLERK'S DEPARTMENT (a) CLD-016-06 - Animal Services Quarterly Report - January to March,2006 1101 12. CORPORATE SERVICES DEPARTMENT (a) COD-026-06 - Workplace Safety & Insurance Board - Workwell Health 1201 & Safety Audit (b) COD-027 -06 - Purchasing By-law 1214 (c) COD-028-06 - Request for Proposal RFP2006-4, Architectural Services, 1265 Newcastle Branch Library (d) COD-029-06 - CL2006-17, Two (2) 60,000 GVW Tandem Diesel 1269 Dumps c/w Plow Equipment (e) COD-030-06 - CL2006-20, Supply and Delivery of High Performance 1272 .~ Cold Mix Asphalt/Permanent Cold Patch '--' ....... ~ G.P. & A. Agenda - 3- 13. FINANCE DEPARTMENT (a) FND-008-06 - Capital Project Overexpenditure Policy 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT June 5, 2006 1301 I I I I I I I I I I I I I I I I I I I Clarill~'lOn r.hnf,"t:I...<lI....' '--' General Purpose and Administration Committee Minutes May 23, 2006 Minutes of a meeting of the General Purpose and Administration Committee held on Tuesday, May 23,2006 at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Facilities Manager, Community Services, G. Acorn Manager, Transportation & Design, L. Benson Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance Department, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Clerk II, C. Tennisco Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-238-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on May 8, 2006, be approved. CARRIED 301 General Purpose and Administration Committee Minutes May 23, 2006 PRESENTATION There were no presentations. DELEGATIONS Mario Veltri, Veltri and Son Limited, Newtonville Estates, Draft Plan of Subdivision 18T-89048 was present and represented by Nick Mensink, Sernas Associates. Nick Mensink, Sernas Associates appeared before the Committee, on behalf of Mario Veltri, Veltri and Son Limited, with respect to Newtonville Estates, Draft Plan of Subdivision 18T-89048. Mr. Mensinki is requesting the registration of Phase 1 ofthe draft approved plan of subdivision, Lots 1 -19 and 39. The Region has supported Phase 1 with a single feed watermain from Payne Crescent provided there is a 20 lot maximum. He is also requesting the deferment of satisfying the Municipality of Clarington's Condition 34 which requires, that in conjunction with Phase 1, either an easement over the future Jones Avenue right-of-way for a hard surface walkway or acquire lands for the extension of Jones Avenue over the Quadrillum property and construct a road; and that a clause be placed in the Purchase and Sale Agreement advising purchasers that access to the school on Regional Road 18 will be by way of Payne Crescent - Highway #2. Councillor Foster chaired this portion of the meeting. PUBLIC MEETING (a) Subject: In accordance with Section 150 of the Municipal Act, 2001, c. 25, a public meeting is being held to hear concerns and comments with respect to the Municipality's proposed by-law amendments to regulate and license auctioneers in the Municipality of Clarington. Report: Addendum Report to CLD-013-06 No one spoke in opposition to or support of Addendum to Report CLD-013-06. Councillor Schell chaired this portion of the meeting. (b) Subject: Applicant: Report: Application to Amend the Zoning By-law Ridge Pine Park Inc. PSD-05S-06 David Crome, Director of Planning Services, provided a verbal report pertaining to Report PSD-058-06. - 2- 302 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 No one spoke in opposition to or support of Report PSD-058-06. David Rice, Ridge Pine Park Inc., the applicant, was present to address any concerns of the Committee. (c) Subject: Applicant: Report: Application to Amend the Zoning By-law CCCC Durham West Ltd. (The Kaitlin Group Ltd.) PSD-059-06 David Crome, Director of Planning Services, provided a verbal report pertaining to Report PSD-059-06. No one spoke in opposition to or support of Report PSD-059-06. A representative of CCCC Durham West Ltd. (The Kaitlin Group Ltd.), the applicant, was present to address any concerns of the Committee and had no further comments to be added to Report PSD-059-06. (d) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 Municipality of Clarington . PSD-060-06 David Crome, Director of Planning Services, provided a verbal report pertaining to Report PSD-060-06. Maurice Wicks, on behalf of his daughter, appeared before the Committee, in opposition to Report PSD-060-06. Mr. Wicks advised he was on site during construction stage and that there is no linkage between the homes. Mr. Wicks submitted photos for the Committee to review. No one spoke in support of Report PSD-060-06. (e) Subject: Report: Comments on the Regional Recommendation Regarding the Greenbelt Plan PSD-061-06 Faye Langmaid, Manager of Special Projects, Planning Services, provided a verbal report and a slide presentation pertaining to Report PSD-061-06. Libby Racansky was called, but was not present. -3- 303 General Purpose and Administration Committee Minutes May 23, 2006 Linda Gasser, appeared before the Committee in with respect to Report PSD-061-06- Regional Submission on the Greenbelt Plan and fully supports the recommendations of municipal staff. Ms. Gasser stated concerns in regards to the suitability of two parcels of land in Courtice (T ownline and Pebblestone (former R#5) and north-east corner of Nash and Hancock Roads (former R#20) for future urban development and the removal of the lands from the Greenbelt; occurring outside the concurrent Durham Region Official Plan process. Ms. Gasser advised earlier studies show the Courtice lands are extremely sensitive, are located on high but very shallow aquifer that is underlain by clay and identified with two highest degrees of sensitivity, and are located within the significant wetlands and streams. Ms. Gasser is requesting Council to support the recommendations in Report PSD-061-06 and allow no changes to the greenbelt boundaries at this time. Kerry Meydam appeared before the Committee regarding Report PSD-061-06- Regional Submission on the Greenbelt Plan. She stated lands in north Courtice need to be protected by the Greenbelt Act as the change in designation would facilitate urban development in these areas. Ms. Meydam is requesting Council to abide by the Provincial Greenbelt Act and request Durham Region to reconsider their position and remove the Clarington lands. Jayson Schwarz, Barrister &Solicitor, Schwarz-Gillen LLP, appeared before the Committee regarding Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mr. Schwarz advised he is concerned with including the Holt Road lands in the Greenbelt Plan. He believes the Region is trying to do a land swap and he disagrees with this. He warns should the Holt Road be designated in the Greenbelt Plan, Clarington will not be able to easily amend the Plan at a later date. He believes it is in Clarington's interest to maintain our position and not give up our flexibility. Mr. Schwarz supports the recommendations of Report PSD-061-06. Peter Tananbaum was called but was not present. Kevin Tunney, representative for Nash Road Developments, appeared before the Committee in opposition to Report PSD-061-06 - Regional Submission on the Greenbelt Plan and requested the Committee allow the lands located on the north-east corner of Nash and Holt Roads to be removed from the Greenbelt Plan. He advised that in the Neighbourhood Plan the applicant addressed many issues, to accommodate the environment and the community and provide a school within the neighbourhood in the proposed Amendment to the Official Plan. Mr. Tunney is requesting the Committee to not adopt the recommendations as it relates to this Nash/Hancock site as it is contrary to the previous messages sent to the residents. Eid Attia, owner of 9.77 acres located at Rundle and Baseline Roads, appeared before the Committee in support of Report PSD-061-06 Regional Submission on the Greenbelt Plan. Mr. Attia expressed concerns that he was not personally notified of the Region's intentions. He does not agree with adding additional lands into the Greenbelt Plan. .4. 304 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 Anna Ouyang appeared before the Committee regarding Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Ms. Ouyang stated that her property in north Courtice has not been farmed for years and is not suitable for farming. She requested that if the Region's recommendations are accepted, then she wants for her land to also be removed from the Greenbelt Plan. She believes that her land does not satisfy the goals and objectives of the Plan. Ms. Ouyang stated urban designation would create additional tax revenue for the municipality. Steve Bobas, appeared before the Committee regarding Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mr. Bobas owns property in the Solina and Bloor Road area and is in favour of not having his property included in the Greenbelt Plan as the existing area is comprised of sports facilities and industrial businesses and the lands in the area would better serve the community if they remain as is. Victor Humphreys, owner of property in North Courtice, appeared before the Committee in support of Report PSD-061-06 - Regional Submission on the Greenbelt Plan and thanked Faye Langmaid, Planning Services, for her presentation. Mr. Humphreys is concerned that the City of Oshawa will extend Adelaide Street across Townline which affect the area due to the sensitivity of the environment. Mr. Humphreys advised he enjoys the wildlife and is requesting the Committee support the recommendations in Report PSD-061-06. Karin Cox appeared before the Committee in support of Report PSD-061-06 - Regional Submission on the Greenbelt Plan. She commented that the Greenbelt Plan protects the land, water, and air for humans and animals and as a Durham Region resident she is concerned about the Region's disrespect to the environment. Ms. Cox is urging the Committee to support the recommendations in Report PSD-061-06. Bill Metcalfe, property owner of land on Bloor Street, appeared before the Committee in support of Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mr. Metcalfe stated he believes the lands to the north should be protected under the Greenbelt Plan and is requesting the greenbelt designation not be changed. Virgina Foley, owner of family farm on Holt Road extending to Rundle Road, appeared before the Committee in support of Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mrs. Foley stated urban abundance has eroded her husband's spirits. As they rent land to farm from Hydro, they can no longer pass their land down to their children. Neighbouring farmers are being forced to leave. Ms. Foley requested that the Committee support the recommendations. Bill Andrew, owner of property for the past 25 years located on Bloor Street near Solina Road, appeared before the Committee in support of Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mr. Andrew stated the municipality expanded Bloor Street and believes if the area is designated as part of the Greenbelt Plan it will hamper further development in the area. .5. 305 General Purpose and Administration Committee Minutes May 23, 2006 Constantino Bruno, a resident of Clarington for the past 27 years, appeared before the Committee with respect to Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mr. Bruno expressed his concern regarding the lack of notification to the taxpayers in Clarington regarding the Greenbelt Plan. Rita D'Oratio, appeared before the Committee, on behalf of mother who owns 20 acres of property on Rundle Road, in support of Report PSD-061-06 - Regional Submission the Greenbelt Plan. Ms. D'Oratio stated her mother does not support the area being included in the Greenbelt Plan. Greg Osumek, owner of property located on Bloor Street, appeared before the Committee in support of Report PSD-061-06 - Regional Submission on the Greenbelt Plan. Mr. Osumek requested the South Courtice area remain the way it is. Doug Tighe, appeared before the Committee in support of Report PSD-061-06- Regional Submission on the Greenbelt Plan. Mr. Tighe stated his opposition to the area being designated as part of the Greenbelt Plan. PLANNING SERVICES DEPARTMENT ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT THE WESTERN EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 66 ADDITIONAL LOW DENSITY DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. Resolution #GPA-239-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-058-06 be received; THAT By-law 2006-024 be repealed; THAT the rezoning application submitted by Ridge Pine Park Inc. be approved and that the Zoning By-law Amendment, Attachment 3 to Report PSD-058-06, be adopted by Council; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a site plan agreement; and THAT all interested parties listed in Report PSD-058-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED .6. 306 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 TO PERMIT THE DEVELOPMENT OF 38 SEMI-DETACHED/LINK DWELLINGS ON A SCHOOL BLOCK APPLICANT: CCCC DURHAM WEST LTD. (THE KAITLlN GROUP LTD.) Resolution #GPA-240-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-059-06 be received; THAT Amendment No. 50 to the Clarington Official Plan as submitted by CCCC Durham West Ltd. to delete the requirement for a Public Elementary School to permit the development of nineteen (19) lots for thirty-eight (38) semi-detached/linked dwelling units as contained in Attachment 2, to Report PSD-059-06, be adopted and the By-law contained in Attachment 3, to Report PSD-059-06 be passed; THAT the amendment to Draft Approved Plan of Subdivision 18T -96013, submitted by CCCC Durham West Ltd. be approved subject to the conditions contained in Attachment 5, to Report PSD-059-06; THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By-law contained in Report PSD-059-06, as Attachment 6, be passed; THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has entered into a subdivision agreement; THAT the Mayor and Clerk be authorized by By-law, to execute an amendment to Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; THAT a copy of Report PSD-059-06 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-059-06 and any delegations be advised of Council's decision. CARRIED .7. 307 General Purpose and Administration Committee Minutes May 23, 2006 TECHNICAL AMENDMENT TO ZONING BY-LAW 84-63 APPLICANT: THE MUNICIPALITY OF CLARINGTON Resolution #GPA-241-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-060-06 be received; THAT provided that there are no significant issues raised at the Public Meeting, the proposed Zoning By-law Amendment contained in Attachment 2, to Report PSD-060-06, be passed; and THAT the Region of Durham, all interested parties listed in Report PSD-060-06 and any delegations be advised of Council's decision. REFERRED TO STAFF LATER IN THE MEETING (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-242-06 Moved by Councillor Pingle, seconded by Mayor Mutton THAT Report PSD-060-06 be referred back to staff. CARRIED The foregoing Resolution #GPA-241-06 was then referred to staff. REGIONAL SUBMISSION ON THE GREENBELT PLAN Resolution #GPA-243-06 Moved by Mayor Mutton, seconded by Councillor Foster THAT Report PSD-061-06 be received; THAT the Municipality of Clarington advise the Minister of Municipal Affairs and Housing, the Greenbelt Council and the Region of Durham that it does not support amendments to the boundaries of the Greenbelt Plan, at this time; THAT the Greenbelt Council be requested to review issues related to rural employment uses in the Greenbelt; -8- 308 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 THAT a copy of Report PSD-061-06 be forwarded to John Gerretsen, Minister of Municipal Affairs and Housing; the Municipal Affairs and Housing, Greenbelt Group; the Greenbelt Council; the Region of Durham Planning Department and area municipalities; and THAT all interested parties listed in Report PSD-061-06 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 11,2006 Resolution #GPA-244-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-062-06 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on May 11,2006 for applications A2006-0014 and A2006-0016, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED LICENSE AGREEMENT FOR HYDRO CORRIDOR NORTH OF WILMOT CREEK FOR WATERFRONT TRAIL Resolution #GPA-245-06 Moved by Councillor Foster, seconded by Councillor Pingle THAT Report PSD-063-06 be received; THAT the two license agreements for recreational purposes be entered into with the Province of Ontario, one for the Hydro Corridor lands the first for Lots 1, 2, and Part of 3, Broken Front Concession, former Township of Darlington and second for Lots 33, 34, 35, Concession 1 former Township of Clarke; THAT the By-laws, attached to Report PSD-063-06, authorizing the Mayor and Clerk to execute the agreement for the above noted licenses be adopted; THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize these license agreements; and - 9- 309 General Purpose and Administration Committee Minutes May 23, 2006 THAT all interested parties listed in Report PSD-063-06 and any delegations be advised of Council's decision. CARRIED Resolution #GPA-246-06 Moved by Mayor Mutton, seconded by Councillor Foster THAT Committee recess for 10 minutes. CARRIED The meeting reconvened at 8:40 p.m. Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT CLARINGTON/OSHAWA BOUNDARY ROAD AGREEMENT Resolution #GPA-247-06 ' Moved by Councillor Trim, seconded by Councillor Pingle THAT Report EGD-029-06 be received; THAT the Mayor and Clerk be authorized to execute an amending agreement to the Clarington/Oshawa Boundary Road Agreement (By-law 2004-165) to provide for equitable cost sharing of new street lighting on boundary roads; THAT Council pass the appropriate by-law confirming the amended agreement; and THAT the Municipal Solicitor register the agreement and the by-law, attached to Report EGD-029-06, in the proper land registry office. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2006. Resolution #GPA-248-06 Moved by Councillor Robinson, seconded by Mayor Mutton THAT Report EGD-030-06 be received for information. CARRIED -10 - 310 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 LOWE STREET AND TEMPERANCE STREET RECONSTRUCTION, COMRIF INTAKE 1 BRIDGE RECONSTRUCTION PROJECTS - PUBLIC INFORMATION CENTRE Resolution #GPA-249-06 Moved by Councillor Trim, seconded by Councillor Pingle THAT Report EGD-031-06 be received; THAT Staff proceed to finalize the detail design of each project and tender the works to meet the summer 2006 construction start schedule; and THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be informed of Report EGO-031-06. CARRIED CONFIDENTIAL REPORT EGD-032-06 - PROPERTY MATTER Resolution #GPA-250-06 Moved by Mayor Mutton, seconded by Councillor Robinson THAT the recommendations contained in Confidential Report EGO-032-06, regarding a property matter, be approved. CARRIED Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT CNE GARDEN SHOW Resolution #GPA-251-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Report OPO-006-06 be received; and THAT the Municipality participates in the CNE 2006 garden show. CARRIED -11 - 311 General Purpose and Administration Committee Minutes May 23, 2006 Councillor Pingle chaired this portion of the meeting. EMERGENCY & FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - APRIL 2006 Resolution #GPA-252-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report ESD-007-06 be received for information. CARRIED Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT QUARTERLY PARKING REPORT Resolution #GPA-253-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-015-06 be received; and THAT a copy of Report CLD-015-06 be forwarded to the Bowmanville Business Centre for their information. CARRIED UNFINISHED BUSINESS PROPOSED MUNICIPAL AUCTIONEERS LICENCING BY-LAW Resolution #GPA-254-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Addendum to Report CLD-013-06 and Report CLD-013-06 be received; THAT the by-law attached to Addendum Report CLD-013-06 be forwarded to Council; and THAT the interested parties listed in Report CLD-013-06 and those who spoke at the Public Meeting be advised of Council's action. CARRIED -12 - 312 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2006-15, SUPPLY AND HAULING GRANULAR MATERIAL Resolution #GPA-255-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report COD-024-06 be received; THAT Westone Aggregates Inc., Omemee, Ontario with a total revised bid in the amount of $337,235.25 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2006-15, be awarded the contract for the Supply and Hauling of Granular Material; and THAT the funds expended be provided from the 2006 Operations Road Maintenance and Construction budget; FORTHWITH. CARRIED TENDER CL2006-16, HIGH FLOAT RESURFACING Resolution #GPA-256-06 Moved by Councillor Foster, seconded by Councillor Pingle THAT Report COD-025-06 be received; THAT Miller Paving Limited, Gormley, Ontario with a total revised bid in the amount of $322,901.51 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2006-16, be awarded the contract to supply High Float Resurfacing, to various roads as required by the Municipality of Clarington; and THAT the funds expended be provided from the 2006 Operations Department 2006 Budget - Surface Treatment Account #100-36-381-10270-7163, and the Engineering Department 2006 Budget - Somerville Dr., Orono, Account #110-32-330-83292-7401; FORTHWITH. CARRIED - 13 - 313 General Purpose and Administration Committee Minutes May 23, 2006 FINANCE DEPARTMENT LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-257-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report FND-005-06 be received; and THAT the list of applications, attached to Report FND-005-06, for cancellation, reduction, apportionments or refund of taxes be approved. CARRIED CASH ACTIVITY - FIRST QUARTER OF 2006 Resolution #GPA-258-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report FND-006-06 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, 5.0. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the first quarter of the year 2006, as shown on the schedule attached to Report FND-006-06; and THAT Part "A" of the expenditures for the fourth quarter of the year be confirmed. CARRIED ORONO CEMETERY BOARD LOAN Resolution #GPA-259-06 Moved by Councillor Robinson, seconded by Councillor Trim That Report FND-007-06 be received; That an interest free loan in the approximate amount of $15,200 be provided to the Orono Cemetery Board to repay their outstanding loan to the Canadian Imperial Bank of Commerce for the purchase of the columbarium in October, 2004; and That the interest free loan be funded from the Cemeteries capital reserve fund and be repaid over four (4) years at $3,800 due on October 31,2006 and annually thereafter. CARRIED -14. 314 I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes May 23, 2006 CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-260-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the delegation of Nick Mensink, Sernas Associates, on behalf of Mario Veltri be referred to staff to report back to Council within one week concerning the request to proceed with phasing of the Newtonville Estates Development. CARRIED OTHER BUSINESS Resolution #GPA-261-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Laura Fraser, co-ordinator, Mitchell Fraser Memorial Slo-Pitch Tournament, for Neuroblastoma Research at Sick Kids Hospital, requesting a reduction in the rental fee for the Rickard Centre, be approved for a grant in the amount of $1,500.00; FORTHWITH. CARRIED ADJOURNMENT Resolution #GPA-262-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 8:59 p.m. CARRIED MAYOR DEPUTY CLERK -15 - 315 I I I I I I I I I I I I I I I I I I I ClfJlmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 5, 2006 Report #: PSD-065-06 File #: ZBA 2006-0003 By-law #: Subject: REZONING TO PERMIT A GAS STATION, CAR WASH AND CONVENIENCE STORE APPLICANT: EASTMAN HOLDING LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-06 be received; 2. THAT the rezoning application submitted by Thyagarajah Sivakumer on behalf of Eastman Holding Ltd. be APPROVED and that the attached zoning by-law amendment be adopted by Council; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: R""...... by ~ . anklin Wu, ~ Chief Administrative Officer a J. Crome, M.C.I.P., R.P.P. Director of Planning Services BH/CS/DJC~d/df 30 May 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-065-06 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Eastman Holding Ltd. 1.2 Rezoning: from "General Commercial Zone (C1)" to include a gas station, car wash and convenience store in addition to permitted general commercial uses. The proposal is to construct an addition to the existing building and renovate the fuel pumps, tanks and canopy. The proposed drive-thru car wash is 111.32 square metres and includes a 10 car stacking lane. The second storey of the existing building would be converted to a caretaker residence. The service station would be removed and replaced with a convenience store. The existing building would also include the automotive parts retail store, and additional retail uses. 1.3 Location: 216 King Avenue East, Newcastle Village Part Lot 27, Concession 2, former Village of Newcastle 1.4 Date: Application received February 6, 2006. 2.0 BACKGROUND 2.1 Established prior to 1960, the site has been operating as a gas bar, automotive repair shop and automotive part retail store. 2.2 Site plan approval was issued in 1988 (DEV88-068) to expand the service bays, and further amended in 1994 (DEV 94-034) to permit the addition of a propane tank. 2.3 The site is serviced by municipal water and sewers. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the King Avenue frontage. A public meeting was held by the Municipality on April 10, 2006, to consider concerns from local residents. 3.2 Concerns from the public meeting, telephone conversation and letters include: . Lightning Levels . Stacking requirements are too low. For similar car washes the queue can, at peak times, be up to 16 cars, which may result in cars stacking on King Avenue causing a hazardous traffic situation. . The stacking lane is 10m from residential property lines. The emissions from idling cars may have an effect on the air quality for the residents in the rear yard. . Noise from the car wash and idling cars will in the queue have a negative impact on the surrounding residences. . Signage and fa~de improvements 602 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-065-06 PAGE 3 . Hours of Operation 3.3 The applicant committed himself at the public meeting to work with staff to address these issues and improve the design. These comments will be addressed under section 9 of this report. 4.0 URBAN DESIGN AND SITE CHARACTERISTICS 4.1 Located on the north side of King Avenue East, the lands are occupied by one building, and one gas bar with four pumping stations. The original building on the west side is one story with a white stucco fa9ade, a blue parapet along the top and contains two bays for automotive repair; The east side is a two storey concrete block addition with one repair bay with the remainder of the space being used for automotive parts retail and storage. There are four fuelling pumps in front of the building and a propane dispenser is located on the west side of the site. The structure is setback approximately 19 metres from the street. The lands are relatively level with no significant environmental features close to the site. The site is mostly paved with a minimal amount of landscaping. 4.2 The car wash will be added on to the west side of the building, and a garbage enclosure and loading space provided at the east side. The scale of the additions is compatible with the existing building. However, the fa9ade should be upgraded to improve the aesthetics of the community. 603 REPORT NO.: PSD-065-06 PAGE 4 5.0 PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and their vitality and regeneration should be promoted. Redevelopment of the site to include the convenience store, car wash and upgrades to the gas bar is consistent with the Provincial Policy Statement. 6.0 OFFICIAL PLAN CONFORMITY 6.1 The Durham Region Official Plan designates the subject property as Main Central Area. Convenience stores and automotive service station uses are permitted. This proposal is consistent with the Regional Official Plan. 6.2 Official Plan Amendment 43, adopted by Council on March 1, 2006, renamed the Newcastle Village "Main Central Area" to "Village Centre: 6.3 Developments within Village Centres are planned with an integrated and diverse mix of uses. The pedestrian environment is paramount in all Village Centres and is enhanced through development which is human in scale, buildings of high architectural quality and pedestrian scale lighting. Public safety will be enhanced in the design and siting of buildings to provide visibility, easy access, multiple routes and unobstructive views from streets and buildings. These areas are to provide a diverse mix of uses and particularly redevelopment is encouraged to intensify with residential uses. 6.4 The Newcastle Village Centre Secondary Plan designates the property General Commercial Area. Objectives of this plan include emphasizing increased densities, quality urban design and to diversify retail uses. The Municipality, in cooperation with local businesses, will encourage fayade and signage improvements. 7.0 ZONING BY-LAW CONFORMITY 7.1 The property is zoned "General Commercial Zone (C1)" which does not permit a convenience store, gas station, or car wash, hence the subject application. 7.2 The service station is a legal non-conforming use as it existed prior to the 1984 Zoning By-law. 8.0 AGENCY COMMENTS 8.1 In consideration of the nature of the application to allow a convenience store as an accessory use to an existing gas station, the application was circulated to a limited number of agenciE;ls. 8.2 There were no objections to rezoning the property to permit the gas bar, car wash and convenience store. Comments received primarily dealt with site plan servicing issues. 604 I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-065-06 PAGE 5 Enoineerino Services . The entrances must be modified to a standard configuration and be aligned perpendicular to the roadway. . A 2% cash-in-Iieu of parkland contribution will be required from the applicant. . All necessary. securities for entrance works, storm sewer connection, and landscaping must be provided. Durham Reoional Works . Municipal servicing is available through an existing 200 mm watermain and an existing 300 mm sanitary sewer. . As part of the site plan approval process, the applicant is required to submit: . Water consumption rates; including anticipated peak demand . Clarification on water recycling rates during car washes, if applicable . Total discharge flows to the sanitary sewer; with clarification on how the solids disposal will be addressed . The applicant is responsible for the full cost of any servicing required to accommodate the proposal. Veridian Connections . A clear accommodation area for the corporation's transformer must be provided. . The applicant must make direct application to Veridian to obtain specific approval of the electrical service arrangements and related work for this project. 9.0 STAFF COMMENTS 9.1 King Avenue is the main east/west route through Clarington and Newcastle Village. Due to their high visibility, buildings along this road, and in particular within the Main Central Area, should demonstrate a high quality of urban design in their fayades and landscaping. The proposal includes an upgrade to the existing fayade to enhance architectural quality and complement the existing surrounding buildings. Upgrades include brick fayade with mouldings, colour variations, and extra divisions and shutters around the second storey windows. 9.2 All signage will be shown on the site plan and is subject to site plan approval. The scale of the proposed signage will be appropriate for the development and will be consistent with other central area signs. 9.3 The applicant will submit a lighting plan prior to site plan approval, demonstrating zero light trespass at the property line. All light levels must comply with IESNA standards and the fixtures will be full cut-off. This will ensure adjacent property owners and traffic operation on King Avenue are not negatively impacted by this development. 9.4 A noise study has been prepared and submitted to determine the impact of the car wash on nearby residences. The study recommends that a 3 m sound barrier fence along the 60 m north property line and a 2.4 m sound barrier fence west of the car 605 REPORT NO.: PSD-065-06 PAGE 6 vacuums be constructed. The study also recommends that the hours of operation for the car wash be limited to the day and evening periods only, preferably from 7:00 to 21 :00. The applicant has agreed to limit the car wash hours of operation to the recommended time. 9.5 The existing hedge at the rear of the site is not an adequate noise barrier. The hedge will be removed and replaced with an acoustical wood fence. 9.6 The stacking requirement for a drive-through car wash is 10 cars to accommodate peak hour demands. This requirement is consistent with other car washes such as the one located at the corner of Highway 2 and Darlington Boulevard. 9.7 A new propane refill station will be installed on the property. Within the Propane Storage and Handling Code, the minimum distance between tank and property line for a propane refill centre is 3 metres provided that the tank capacity is less than 7500 Litres. 9.8 A landscaping plan has been provided. Landscaping will be further modified and upgraded through site plan approval. 9.9 If the rezoning is approved, Eastman Holdings Ltd. will be required to enter into a site plan agreement with the Municipality of Clarington prior to any building permit being issued. 9.10 Although responsibilities for remediation of contaminated sites have been delegated to the Municipality, the Fuels Safety Division of the Technical Standards and Safety Authority (TSSA) governs the remediation of existing gas station sites. Their protocol covers spills, leaks and the discovery of petroleum leaks and spills into the environment both on the property and beyond the property boundary and site restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater environments. Normally, all necessary environmental reports and site remediation must be completed in advance of site plan approval. Although contamination may exist on operational gas station sites, the TSSA protocol was developed to permit gas stations to remain operational until site plan approval is granted and a building permit is issued. In conjunction with the building demolition and site redevelopment process, Eastman Holding Limited will conduct all necessary environmental studies to ensure that all contamination is removed to the satisfaction of TSSA. This permits the station to remain operational until the redevelopment phase is initiated. 10.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED as contained in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - By law 606 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-065-06 PAGE 7 List of interested parties to be advised of Council's decision: Thyagarajah Sivakumar Joseph Miller 607 nU.dl,;1 II11tjnI 1"0 1 To Report PSD-065-06 \( .---' .J I i II ,...... t..,.,- ~ a ~I~~ ~ . Ii I I I I I I I I I I I I I I I I I I I . ~ TTI R R E 3AI"O "NOW ~ ::===::'OSlH O":F <, w'T I I I 5 Trr bWf-Ik J;('. ~I=~ \ IIII ;= ~ r:::-- --{ i3;:"" "J ~ ~::; 1.33.'5 NOW ~ DfTn ==--= - /T\. ' ' 1It\ ~ ~E~ II IT ;. I;;;:; L IT, 1..1 r=J= II I I ~ !f!l ~ )..., 7", TI 3p" 15 ~ \=II/h. '" =1 - Q :;l ~ == ,"0 "Al,;I,~;i/ ~ .. ::::::::'~" ~~1i; /'--\- 3 t::U1 \' <:~~ r ~ >---' - p'\ i ti III ~ I '11 I \- I r a. HillON..iS . ~ HI lS ~ i~~ II .-E~~'W- ~ ~ ~ UJ I ~~ til'" HillON .lS 111t'i 111 - c G) C") E 0" g i IE' CDe( g ~ N III <coT 10>- N~ c '2 o N ~ -1' L ~ I I I I I I i'O' II! 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(I).! ii) . ~ VL.-- "'" . i Ol' . ; I ~ " . w ~- I . . i t ~, III en c '6 '0 J: III ~ G) G) - U) C Ill" E.! -.- III E 1lI._ W..J i.: G) c ~ it I:l ~ ~ I I I . ~ W w ::::> I Z I w ~ (!) Z ::,t:: 6 8 Attachment 2 To Report PSDc065-1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- 609 I I I I I I I I I I I I I I I I I I being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with applications ZBA 2006-0003 and SPA2006-0004to permit a convenience store and car wash as permitted uses; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 22.4.8 respecting lands zoned C7-8, as follows: "22.4.8 SERVICE STATION COMMERCIAL EXCEPTION (C7-8) ZONE Notwithstanding Section 21.3.1, and 22.1, those lands zoned C7-8 on the Schedules to this By-law shall be subject to the following zone regulations: a. Residential Uses i) Dwelling units as part of a building containing a permitted non-residential use(s). - b. Non-Residential Uses i) Business, Professional or Administration Office; ii) Convenience Store; iii) Dry Cleaners Distribution Centre; iv) Laundry - coin-operated; v) Motor Vehicle Fuel Bar vi) Motor Vehicle Wash vii) Retail Commercial Establishment; viii) Service Shop, Light; viiii) Service Shop, Personal; c. Bulk Fuel Storage Tanks Bulk propane storage tanks located above ground shall be located in accordance with the provisions of the Propane Storage and Handling Code adopted by the Technical Standards and Safety Authority. 2. -Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1) Zone", to "Service Station Commercial Exception (C7-8) Zone" as illustrated on the attached Schedule "A" hereto. 3. Attachment "A" attached hereto shall form part ofthis By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor 0..,.++. I Q.:u.rio u. fI."i,..in~1 (",:loIY I I I I I I I I I I I I I I I I I I I This is Schedule "A" to By-law 2006- passed this day of . 2006 A.D. , N SPACE t ! r=J ~I XlSTING URCH 'I PROPOSE FUTURE COiAWERCl -~ ... -- ,-. - ~ 0:-""'00 KING AVENUE EAST ~ Zoning Change From .C1" To "C7-S. John Mutton. Mayor Patti L. Barrie. Municipal Clerk NEWCASTLE MEMORIAL PARK i~ ~~ ~" g~~ Newcastle UJI~ > '" '" c c '" '" UJ UJ ::; g ~ u l:.:i UJ '" tn :z E: << '" ~ '" C <0 :z '" ::'5 BLOOIv 1[21 ~ RAVEl ~rTT 610 I I I I I I I I I I I I I I I I I I I CI!J!ington REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 5, 2006 Report #: PSD-066-06 File #: PLN 9.4 By-law #: Subject: 2005 GROWTH TRENDS REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-06 be received for information. Submitted by: 12~ David J. Crome, M.C.I.P., R.P.P. Director of Planning Services R_~~~ - ranklin Wu, # Chief Administrative Officer GF/FUjd/df 30 May 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 611 REPORT NO.: PSD-066-06 PAGE 2 1.0 PURPOSE This report summarizes the key findings of the 2005 Growth Trends Review. 2.0 BACKGROUND 2.1 The Planning Services Department conducts on-going monitoring activities to assess the effectiveness of the Municipality of Clarington's Official Plan, as well as other municipal and Region of Durham policies. These monitoring activities also assist in identifying emerging issues and trends within the Municipality of Clarington. Building permit activity, population growth and other such related data are often used as an indicator of housing and employment activity within Clarington, level of local investment, and economic performance; this and other information has been compiled into a Growth Trends Review, a new report which will be updated annually. 2.2 The data collected and analyzed in the Review are based on building permit and related housing market information that is collected from a variety of difference sources. These sources include: . Municipality of Clarington's own-source data, . Durham Region, . Statistics Canada, . Canada Mortgage and Housing Corporation, . Royal Bank of Canada's Econoscope, . The Bank of Canada, and . Toronto Real Estate Board's Market Watch. 3.0 KEY FINDINGS OF THE 2005 GROWTH TRENDS REVIEW 3.1 The 2005 Growth Trends Review (Attachment 1) examines Clarington's growth activity and compares its performance against other area municipalities within Durham Region. In addition, the Review examines past, current and forecasted housing market activity and provides a short-term outlook on future development activity for Clarington and Durham Region. 3.2 Growth Activity in Clarinaton The total value of all building permits issued in Clarington decreased by -4.97% from $213.85 million in 2004 to $203.22 million in 2005. Despite this decrease, the Municipality still observed its second highest year ever in terms of the total value of building permits issued, next only to the record-setting previous year of 2004. The decrease in total building permit value for Clarington can be attributed to a drop in the overall residential building permit value from $167.31 million in 2004 to $141.85 million in 2005. However, this was balanced by an increase of 31.88% in the total non- residential building permit value from $46.53 million in 2004 to $61.37 million in 2005. 612 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-066-06 PAGE 3 3.3 Growth Activity in Durham Reqion Durham Region experienced an overall increase of 19.88% in total building permit value from $1.30 billion in 2004 to $1.56 billion in 2005. The $1.56 bHlion in 2005 was the second highest total building permit value in the Region's history, second only to $1.70 billion in 2003. Since 2000, the total value of building permits issued in Durham Region has averaged about $1.27 billion. The growth in total building permit value in 2005 was primarily attributed to significant investment in the residential sector ($1.11 billion in 2005 compared to $865.80 million in 2004). In contrast, the non-residential sector experienced only a small increase to $446.50 million in 2005 from $438.70 million in the previous year of 2004. 3.4 Clarinqton's Share of Growth Activity within Durham Region In 2005, Clarington's share of the total building permit value in Durham Region experienced a decrease from 16.39% in 2004 to 13.17% in 2005 (representing a -3.22% change from 2004 to 2005). This change can be attributed to stronger than normal total building permit activity in several larger municipalities within Durham, such as Ajax with an 8.85% gain in the overall share. Oshawa (2.17%) and Whitby (1.39%) also made small gains in their share of the total building permit value, while Pickering lost 7.63% of the total building permit value share in Durham. In Durham Region as a whole, building permits were issued for a total of 5,783 new residential units, up from 4,911 in the previous year of 2004. Clarington's share of the total number of new residential units in 2005 was 13.88% (802 new residential units), a decrease from the previous year's share of 20.67% (1,015 new residential units) in 2004. Despite maintaining a strong absolute number of new residential units being produced in 2005, stronger years in terms of net residential unit production from both Ajax (1,939 new residential units) and Whitby (1,531 new residential units) contributed to a smaller share for Clarington within the context of Durham Region. The strong year in non-residential building permit value for 2005 increased Clarington's share of the total non-residential building permit value within Durham Region from 10.55% in 2004 to 14.51% in 2005. Ajax (up 9.40% from 2004) and Whitby (up 3.97% from 2004) were the only other two area municipalities within Durham Region that increased their share of the total non-residential building permit value. 3.5 Housina Market Indicators Despite an upward trend in October of 2005, the average three and five-year mortgage rates were lower in 2005 (5.6% and 6.0% respectively) in comparison to 2004 (5.7% and 6.2% respectively). The one-year average mortgage rate increased from 4.6% in 2004 to 5.1 % in 2005. CMHC has reported that interest rates are expected to rise by a moderate amount in 2006 by up to half a percentage point. The average price of a completed and absorbed single-detached dwelling in the Oshawa CMA was $294,535 in 2005, representing an increase of 11.1 % from $264,979 613 REPORT NO.: PSD-066-06 PAGE 4 in 2004. In particular, the average price of a newly constructed single-detached dwelling in Clarington increased by 10.3% from approximately $237,000 in 2004 to $261,800 in 2005. Despite these increases in price, CMHC states that homebuyers still favour the Oshawa CMA for its relatively affordable house prices compared to that of Toronto and other GTA area municipalities. 3.6 Short-Term Outlook For 2006, CMHC is forecasting that housing starts will decrease in both the Oshawa CMA (-9.6%) and the Toronto CMA (-4.0%). The forecast for Ontario is similar with a -6.6% decline predicted for 2006. RBC Financial Group as a result has stated that, "... while we expect the pace of new home construction activity to remain strong in 2006, housing is past its peak as a driver of economic growth. " In a recent report, CMHC reported that, "Although lower [home starts], new home construction in the Oshawa CMA is still above the long-term historical average [and]... Low borrowing rates will ensure demand for housing will stay at respectable levels." This suggests that the residential building permit activity in Durham Region and its area municipalities will remain healthy throughout 2006, despite the forecasted decreases for Ontario. A strong year for non-residential building permit activity in Clarington has helped offset the decrease experienced in the residential building permit value. In 2006, Clarington expects to see continued increases in the non-residential building permit value. due to upcoming non-residential building projects. Durham Region also experienced positive growth in non-residential building permit activity in 2005. The value of non-residential building permits in 2005 at $447 million was the second highest level achieved in Durham's history (after 2003 - $650 million). At the provincial level, Statistics Canada reported the value of non-residential building permits increased by 5.3% to $9.20 billion in 2005. The national level also experienced an increase in non-residential building permits value by 17.6% in 2005 to reach the $22.20 billion mark. With minor growth forecasted for non-residential building permit activity in the next year at the national level, it is expected that both Clarington and Durham Region will remain stable over the course of 2006. 3.7 Short-Term Population & Household Forecasts Durham Region's short-term population forecast reported Clarington's population in December of 2005 at 82,010. The Region's population for the same time period was estimated at 585,290 translating to a 14.01% share for Clarington of the total Region population. Similarly, in December of 2005 there were an estimated 26,775 households in Clarington. The reported total for the Region was 194,585 households, resulting in a 13.76% share for Clarington in terms of the Region's total number of households. The short-term forecasts indicate that Durham's population is expected to reach 601,500 by the end of 2006, approximately 612,000 by the end of 2007 and approximately 641,000 by the end of 2010. This represents a growth rate of 1.7% annually. For the same period, Clarington's population is expected to grow to 84,500 by 614 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-066-06 PAGE 5 the end of 2006 (14.04% share of Region total), approximately 86,500 by the end of 2007 (14.13% share) and reach 91,900 by the end of 2010 (14.34% share). Similarly, Durham's households are expected to reach approximately 200,000 by the end of 2006,205,000 by the end of 2007 and 222,000 by the end of 2010. The number of households in Clarington is expected to grow to 27,580 by the end of 2006 (13.79% share of Region total), to approximately 28,480 by the end of 2007 (13.89% share) and reach 31,280 by 2010 (14.09% share). Attachments: Attachment 1 - 2005 Growth Trends Review 615 I I I I I I I I I I I I I I I I I I I Attachmenl1 To Report PSD-066-06 2005 GROWTH TRENDS REVIEW PLANNING SERVICES DEPARTMENT CJNilJgton 616 TABLE OF CONTENTS -~~--'~-'~~~--~--~"-~--~"-~~"~'~<~-'-----~--^.~~-.~' List of Figu res Introduction Purpose of the Growth Trends Review............................................. 1 Data Sources ............................................................................................. 1 Contact Information ................................................................................. 1 Overall Growth Trends Total Building Permit Value in Clarington ............................................. 2 Total Building Permit Value in Durham Region ................................. 3 Share ofTotal Building Permit Value within Durham ..................... 4 Residential Growth Total Residential Building Permit Value in Clarington ..................... 5 New Residential Unit Production in Clarington ................................. 6 Share of New Residential Unit Production in Durham Region 7 Housing Market Indicators ..................................................................... 8 Short-Term Population Forecast ......................................................... 9 Non-Residential Growth ................................................................................. 11 Total Non-Residential Building Permit Value in Clarington ..................... 11 Share of Non-Residential Building Permit Value in Durham 12 Non-Residential Floor Space Production in Clarington ..................... 12 Synopsis and Short Term Outlook ......................................................... 13 Residential Growth Trends ...................................................................... 13 Non-Residential Growth Trends ......................................................... 13 1 I I I I I I I I I I I I I I I I I I I 2 5 617 I I I I I I I I I I I I I I I I I I I LIST OF FIGURES 1. Total Building Permit Value in Clarington, 1993-2004 2. Total Building Permit Value by Residential/Non-Residential Sector in Clarington, 2000-2005 3. Total Building Permit Value in Durham Region, 2000-2005 4. Total Building Permit Values within Durham Region,2004 & 2005 5. Total Residential Building Permit Value in Clarington, 1993-2005 6. Clarington's Share of Total Residential Building Permit Value in Durham Region, 2004-2005 7. New Residential Units Approved for Construction in Clarington, 1994-2005 8. New Residential Units by Location in Clarington, 2004-2005 9. New Residential Units by Type in Clarington. 2004-2005 10. New Residential Unit Production by Area Municipality in Durham Region. 2004-2005 11. Average Monthly Bank Interest Rates. 2004-2005 12. Housing Starts. Completions and Absorptions in the Oshawa CMA. 2004-2005 13. Short-Term Population & Household Estimates for Clarington and Durham Region, 2006-2010 14. Non-Residential Building Permit Value in Clarington. 2004-2005 618 1.0 - INTRODUCTION 1.1 Purpose of the Growth Trends Review The Planning Services Department conducts on-going monitoring activities to assess the effectiveness of the Municipality of Clarington's Official Plan, as well as other municipal and Region of Durham policies. These monitoring activities also assist in identifying emerging issues and trends within the Municipality of Clarington. Building permit activity and other such related data are often used as an indicator of housing and employment activity within Clarington, the level of local investment, and economic performance. 1.2 Data Sources The data collected and analyzed in this Review are based on building permit and related housing market information that is collected from a variety of different sources. These sources include: . Municipality of Clarington's own-source data; . Durham Region; . Statistics Canada; . Canada Mortgage and Housing Corporation (CMHC); . Royal Bank of Canada's Econoscope; . The Bank of Canada; and · Toronto Real Estate BOard's Market Watch. 1.3 Contact Information Should you have any questions, comments, and/or suggestions concerning this Growth Trends Review, please contact the Planning Services Department by telephone at (905) 623-3379 or by email at planning@clarington.net. - 1 - 619 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I J I I I I I 2.0 - OVERALL GROWTH TRENDS 2.1 Total Building Permit Value in Clarington The total value of all building permits issued in Clarington decreased by -4.97% from $213.85 million in 2004 to $203.22 million in 2005. Despite this decrease the Municipality still observed its second highest year ever in terms of the total value of building permits issued, next only to the previous record-setting year of 2003. Since 19931, the total value of building permits issued in Clarington has averaged about $116.76 million. Figure 1.0 below summarizes this information. Figure 1.0 - Total Building Permit Value in Clarlngton,1993-2004 250,000,000 50,000,000 ----------~----~--- 200.000.000 150,000,000 e 100,000,000 o 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2006 V.., I_rotal Buiding Permit Value -AYeragel As Figure 2.0 (next page) illustrates, the decrease in total building permit value for Clarington can be attributed to a drop in the overall residential building permit value from $167.31 million in 2004 to $141.85 million in 2005. This was balanced by an increase of 31.88% in the overall non-residential building permit value from $46.53 million in 2004 to $61.37 million in 2005. I Prior to 1993 the Municipality ofClarington was named the Town of Newcastle. This annual building pennit review does not include data from before 1993. -2- 620 Figure 2.0 - Total Building Peimlt Value by ResldentiallNon.Residential Sector in Clarington. 2000-2005 180,000,000 160,000.000 140,000,000 120,000,000 100,000,000 e 80,000,000 60,000,000 40,000,000 20,000,000 0 2000 2001 2002 200' 200< 2005 I_Residentlall!lNon-Reaidentiall 2.2 Total Building Permit Value in Durham Region Durham Region experienced an increase of 19.88% in total building permit value from $1.30 billion in 2004 to $1.56 billion in 2005. The $1.56 billion in 2005 was the second highest total building permit value in the Region's history, second only to $1.70 billion in 2003 (see Figure 3.0 on following page). Since 2000. the total value of building permits issued in Durham Region has averaged about $1.27 billion. This growth in total building permit value in 2005 was primarily attributed to significant investment in the residential sector ($1.11 billion in 2005 compared to $865.80 million in 2004). In contrast, the non-residential sector experienced only a small increase to $446.50 million in 2005 from $438.70 million in the previous year of 2004. - 3- 621 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Figure 3.0 . Total Building Permit Value in Durham Region, 2Q00-2005 1,800,000,000 1,600,000,000 1,400,000,000 1,200,000,000 1,000,000,000 e 800,000,000 600,000,000 400,000,000 200,000,000 0 2000 2001 2002 2003 2004 2005 I_Total Building Permit Value I 2.3 Share of Total BUilding Permit Value within Durham In 2005, Clarington's share of the total building permit value in Durham Region experienced a decrease from 16.39% in 2004 to 13.17% in 2005 (-3.22% change from 2004 to 2005). This change can be attributed to stronger than normal total building permit activity in several larger municipalities within Durham, such as Ajax with an 8.85% gain in the overall share. Oshawa (2.17%) and Whitby (1.39%) also made small gains in their share of the total building permit value, while Pickering lost 7.63% of the total building permit value share in Durham. Figure 4.0 - Total Building Permit Values Within Durham Raglan. 2004 & 2005 .... 2004 Total % Shal'eof 2005 Total. % Shillreof ~~...~.. Municipality Building Durham Building [)11.,..'m ~~.'~!J~. Permit Value Permit Vall_ (ft().~:i!~ (mllllo",,) Total (2004) (milliOns) 'To~I(:i!ODJI). ..~. 2!)l1f) Ajax 244.50 18.74% 430.00 27.59% 8.85% Brock 32.10 2.46% 15.70 1.01% -1.45% Clarington 213.80 16.39% 205.30 13.17% -3.22% Oshawa 263.70 20.22% 348.90 22.39% 2.17% Pickering 163.50 12.53% 76.50 4.91% -7.63% Scugog 25.30 1.94% 38.50 2.47% 0.53% Uxbridge 56.90 4.36% 58.00 3.72% -0.64% Whitby 304.60 23.35% 385.60 24.74% 1.39% Total 1304.40 100.00% 1558.50 100.00% N1A - 4- 622 ~~'-~-'~~-~-"~.~'~'~_~_'__~~_'"~~__'~~_._~_'~" ""~~~~'~o~_'~'_',,_"__"<~'~_~~~~_____'__<~'~'~ 3.0 - RESIDENTIAL GROWTH 3.1 Total Residential Building Permit Value in Clarington In 2005, the total value of residential building permits issued in Clarington totaled $141.85 million, which to date is the second highest value of residential building permits issued by the Municipality in one calendar year (see Figure 5.0 below). The Municipality has averaged $86.02 million in total value of residential building permits annually between 1993 and 2005. 180,000,000 160.000,000 140,000,000 120,000.000 100,000,000 e 80,000.000 80,000,000 40,000,000 20,000,000 Figure 6.0 . Total Residential Building Permit Value In Clarlngton, 1"3-2005 o 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 I_Total Residenllal Building Permit Value I As Figure 6.0 on the next page shows, Clarington's total residential building permit value ranked fourth in all of Durham Region, behind Ajax ($357.00 million), Whitby ($291.80 million) and Oshawa ($196.10 million) in 2005. However, despite this strong ranking, Clarington's total residential building permit value dropped to $140.50 million in 2005 from $167.60 million in the previous year of 2004. - 5- 623 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Figure 6.0 - Clarington's Share of Total Residential Building Permit Value In Durham Region, 2004-2005 2004 2005 .... Municipality Value Value Shara~hange I % Share (2004) %Sha re(200S) 200+200s (millions) (millionS) .. Ajax 214.00 3.74% 357.00 32.11% 28.37% Brock 8.00 0.92% 7.40 0.67% -0.26% Clarington 167.60 19.36% 140.50 12.64% -6.72% Oshawa 110.50 12.76% 196.10 17.64% 4.88% Pickering 78.60 9.08% 39.40 3.54% -5.53% Scugog 17.60 2.03% 33.50 3.01% 0.98% Uxbridge 39.70 4.59% 46.10 4.15% -0.44% Whitby 229.80 26.54% 291.80 26.25% -0.30% Total 865.80 100.00% 1111.80 100.00% N1A 3.2 New Residential Unit Production in Clarington In 2005, residential building permits were issued for 802 new units in Clarington, down from 1,015 in the previous year of 2004 (see Figure 7.0 below). Historically, the number of new residential units approved for construction has averaged 717.33 units per year since 1994. The current level of new residential unit production occurring in Clarington exceeds this historical average by approximately 87.42 new residential units annually. Figure 7.0. New Residential Unlls Approved for Construction In Clarington, 191+2005 1,200 1,000 i ~ 800 ! 0 " .e I - 0. 0- .. J! " ::> I 400 .. .. 200 o 1994 1995 1996 1997 199B 1999 2000 2001 2002 2003 2004 2005 1--.ofNowUniIs_1 -6- 624 The urban centres of Bowmanville, Courtice and Newcastle continue to make the strongest contributions in the total number of new residential units approved for construction, representing 93.52% of Clarington's new residential units approved for construction in 2005 (see Figure 8.0 below). In particular, Courtice experienced a 13.01% increase in the number of new residential units approved for construction in 2005, while Bowmanville's share dropped to 38.28% from the previous year's 57.83% share (also see Figure 8.0 below). Figure B.O - New Residential Units by Location in Clarington, 2004-2005 Bowmanville Courtice Newcastle Wilmot Creek Orono Darlin ton Clarke Hamlets Totals ~!\t~'$harlt;t,,\, ~~jJhlti~1;, ~!\~\~:$!l~ 587 57.83% 307 38.28% 173 17.04% 241 30.05% 191 18.82% 202 25.19% 25 2.46% 15 1.87% 2 0.20% 1 0.12% 15 1.48% 14 1.75% 10 0.99% 13 1.62% 12 1.18% 9 1.12% 1015 100.00% 802 100.00% .0__ -19.55% 13.01% 6.37% -0.59% -0.07% 0.27% 0.64% -0.06% N/A 3.3 Share of New Residential Unit Production in Durham Region In 2005, Durham Region municipalities issued building permits for a total of 5,783 new residential units, up from 4,911 in the previous year of 2004. Clarington's share of the total number of new residential units in 2005 was 13.88% (802 new residential units), a decrease from the previous year's share of 20.67% (1,015 new residential units) in 2004. Despite maintaining a strong absolute number of new residential units being produced in 2005, stronger years in terms of net residential unit production from both Ajax (1,939 new residential units) and Whitby (1,531 new residential units) contributed to a smaller share for Clarington within the context of Durham Region. Figure 9.0 - New Residential Units in Clarington by Type, 2004-2005 Sin Ie Detached 411 40.49% 362 45.14% Semi-Detached 410 40.39% 286 35.66% Townhouse 157 15.47% 59 7.36% A artment 37 3.65% 95 11.85% Total 1015 100.00% 802 100.00% -7- 625 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Figure 10.0 . New Residential Unit Production by Area Municipality in Durham Regront 2004- 2005 2500 2000 I c ~ .. 1500 ~ c . I 182OO4! ~ ! 112005 ~ ~ - 00' I I , ~2004 112005 3.4 Housing Market Indicators Despite an upward trend in October of 2005, the average three and five-year mortgage rates were lower in 2005 (5.6% and 6.0%) in comparison to 2004 (5.7% and 6.2%) (see Figure 11.0 below). The one-year average rate increased from 4.6% in 2004 to 5.1% in 2005. The bank rate remained steady during most of 2004 and into 2005 before an upward trend in September that saw the rate end the year at 3.50%. CMHC has reported that interest rates are expected to rise by a moderate amount in 2006 by up to half a percentage point. Figure 11.0 . Average Monthly Bank Interest Rates, 2004-2006 '.00 fli~ll~ JIijjfl1 ~ I ! ~ JJijj 7.00 '.00 5.00 .. i '.00 3.00 2.00 1.00 000 .... MonthlY.., '00' - 8- 626 The number of housing starts was 5,488 in the Oshawa CMA for 2005, representing a marginal increase from 5,447 in 2004. In contrast, the number of completions dropped to 4,973 in 2005 from 5,555 in 2004. Housing absorptions also decreased in 2005 as newly completed homes were sold or rented. The average price of a completed and absorbed single-detached dwelling in the Oshawa CMA was $294,535 in 2005, representing an increase of 11.1% from $264,979 in 2004. In particular, the average price of a newly constructed single-detached dwelling in Clarington increased by 10.3% from $237,000 in 2004 to $261,800 in 2005. Despite these increases in price, CMHC states that homebuyers still favour the Oshawa CMA for its relatively affordable house prices compared to that of Toronto. Figure 12.0 . Housing Starts, Comp..tions and Absorptions In th. a.haw. CMA, 2004-200& 5800 5600 5400 """ 5000 4800 4800 ...,. 102004 10""" lm2004 .20051 3.5 Short-Term Population Forecast Durham Region's short-term population forecast reported Clarington's population in December of 2005 at 82,010. The Region's population for the same time period was estimated at 585,290 translating to a 14.01% share for Clarington of the total Region population. Similarly, in December of 2005 there were an estimated 26,775 households in Clarington. The reported total for the Region was 194,585 households, resulting in a 13.76% share for Clarington in terms of the Region's total number of households. The short-term forecasts indicate that Durham's population is expected to reach 601,500 by the end of 2006, approximately 612,000 by the end of 2007 and approximately 641,000 by the end of 2010. This represents a growth rate of 1.7% annually. For the same period, Clarington's population is expected to grow to 84,500 by the end of 2006 (14.04% share of Region total), approximately 86,500 by the end of 2007 (14.13% share) and reach 91,900 by the end of 2010 (14.34% share). - 9- 627 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Similarly, Durham's households are expected to reach approximately 200,000 by the end of 2006, 205,000 by the end of 2007 and 222,000 by the end of 2010. The number of households in Clarington is expected to grow to 27,580 by the end of 2006 (13.79% share of Region total), to approximately 28,480 by the end of 2007 (13.89% share) and reach 31,280 by 2010 (14.09% share), Figure 13.0 - Short-Term Population & Household Estimates for Cla,ington and Durham Region, 2006-2010 2006 2007 2008 2009 2010 601,500 611,900 620,700 630,500 641,300 - 10- 27,580 28,480 29,380 30,330 31,280 199,640 204,960 210,190 215,880 222,040 628 ~~-~~~------..-~~-,~,~~----~,-~-"~=~_.,"...,~."-~,._----~------~ 4.0 - NON-RESIDENTIAL GROWTH 4.1 Total Non-Residential Building Permit Value in Clarington The value of non-residential building permits issued in Clarington during 2005 was $61.37 million, an increase of 31.88% from the previous year of 2004 at $46.53 million. This overall increase in non-residential building permit value in was due to a very strong year in industrial construction that reached $34.57 million in 2005, compared to $6.79 million in 2004. Agricultural construction also experienced an increase in construction activity with a total of $4.08 million in building permits being issued in 2005, compared to $3.07 million in the previous year of 2004. $40,000,000.00 $35,000,000.00 $30,000,000.00 $25,000,000.00 $20,000,000.00 $15,000,000.00 $10,000,000.00 $5,000,000.00 Figure 14.0 - Non-Residential Building Permtt Value In.Clarlngton. 2004-2005 $0.00 [i2OO4l ~ Ifldustrial Government' Convnercel lnatib.ltional Type of Non-RKJdentl.1 Construction _ltu"" The following highlights major non-residential building projects reported in 2005: . OPG-Darlington (several projects ranging from $650,000 to $1.2 million); · Water Pollution Control Plant in Courtice ($32.5 million); . New elementary school in Bowmanville ($10 million); and . Clarington Hyundai ($1.4 million). - 11 - 629 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 4.2 Share of Non-Residential Building Permit Value in Durham The strong year in non-residential building permit value for 2005 increased Clarington's share of the total non-residential building permit value within Durham Region from 10.55% in 2004 to 14.51% in 2005. Ajax (up 9.40% from 2004) and Whitby (up 3.97% from 2004) were the only other two area municipalities within Durham Region that increased their share of the total non-residential building permit value. 4.3 Non-Residential Floor Space Production in Clarington Clarington's production of non-residential floorspace was up 6.50% to 539,700 square feet being added in 2005, compared to 507,000 square feet that was added in the previous year of 2004. Of the larger area municipalities in Durham, Ajax (up 51.42%), Oshawa (up 13.57%) and Whitby (up 45.60%) also experienced growth between 2004 and 2005 in the production of new non-residential floorspace. On the other hand, Pickering experienced a -67.01% decrease in the amount of new non- residential floorspace produced in 2005 from the previous year of 2004. - 12- 630 5.0 - SYNOPSIS AND SHORT TERM OUTLOOK ~'__~_~~~~___~'P'_,'-~~~~_c__."'_c._.__.~~_.~.~_,,_.~.'>~.__~~~_._~"'_~_'_'~__'~~~=;"~_~__'_~~_~_ 5.1 Residential Building Permit Activity Overall, the pace of residential building permit activity in Clarington decreased in 2005, while Durham Region experienced an increase of 28.41% in residential building permit value between 2004 and 2005. This statement is slightly misleading though in that Clarington still maintains a strong share of all residential building permit activity within Durham Region. This strong share of the Region's residential building permit value was maintained despite stronger than normal performances from the area municipalities of Ajax and Oshawa in 2005. For 2006, CMHC is forecasting that housing starts will decrease in both the Oshawa CMA (-9.6%) and the Toronto CMA (-4.0%) in 2006. The forecast for Ontario is similar with a -6.6% decline predicted for 2006. RBC Financial Group as a result has stated that, "...while we expect the pace of new home construction activity to remain strong in 2006, housing is past its peak as a driver of economic growth." In a recent report, CMHC reported that "Although lower [home starts], new home construction in the Oshawa CMA is still abovethe long term historical average [and]... Low borrowing rates will ensure demand for housing will stay at respectable levels." This suggests that the residential building permit activity in Durham Region and its area municipalities will remain healthy throughout 2006, despite the forecasted decrease 5.2 Non-Residential Building Permit Activity A strong year for non-residential building permit activity in Clarington has helped offset the decrease experienced in the residential building permit value. In 2006, Clarington expects to see continued increases in the non-residential building permit value due to upcoming non-residential building projects. Durham Region also experienced pOSitive growth in non-residential building permit activity in 2005. The value of non-residential building permits in 2005 at $447 million was the second highest level achieved in Durham's history (after 2003 - $650 million). At the provincial level, Statistics Canada reported the value of non-residential building permits increased by 5.3% to $9.20 billion in 2005. The national level also experienced an increase in non-residential building permits value by 17.6% in 2005 to reach the $22.20 billion mark. With minor growth forecasted for non-residential building permit activity in the next year at the national level, it is expected that both Clarington and Durham Region will remain stable over the course of 2006. - 13- 631 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CI!![ilJgWn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 5, 2006 Report #: PSD-067-06 File #'s: ZBA 2006-0002 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 2075568 ONTARIO LIMITED (HIGHMARK HOMES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-067-06 be received; 2. THAT the request.for removal of Part Lot Control with respect to Block 99, Plan 40M-2225 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50(7.1) of the Planning Act; 3. THAT a copy of this report be forwarded to the Region of Durham Planning Department; and 4. THAT all interested parties listed in Report PSD-067-06 and any delegations be advised of Council's decision. . Submitted by: Reviewed by: . Crome, M.C.I.P., R.P.P. Director of Planning Services 11 nklin Wu, Chief Administrative Officer TW*CP*DJC*lw*jd May 29, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 632 REPORT NO.: PSD-067-06 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Applicant: 2075568 Ontario Limited (Highmark Homes) 1.2 Location: Block 99, Plan 40M-2225, Part of Lot 13, Concession 2, former Township of Darlington (Attachment 1). 1.3 Part Lot Control Removal: Block 99, Plan 40M-2225. 2.0 BACKGROUND 2.1 On November 11, 2005, staff received a request from 2075568 Ontario Limited for the removal of Part Lot Control with respect to Block 99 on Plan 40M-2225. 2.2 The approval of Draft Plan of Subdivision 18T-87086, intended for Block 99 to be divided into five (5) parts for development with corresponding parts on Draft Plan of Subdivision 18T-88051 and one block for road widening and landscaping purposes abutting the existing Scugog Street road allowance. The removal of Part Lot Control would facilitate the construction of five (5) blocks to be melded with blocks in Draft Approved Plan of Subdivision 18T-88051 for the development of five (5) single detached dwelling lots, and one block for road widening to be used for a landscape screen. 3.0 COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details the Block affected by the Part Lot Control By-law and the unit type and number. 4.0 RECOMMENDATIONS 4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specific timeframe during which the By-law shall be in force. As a result, it is not necessary for staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending June 12,2009. 633 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-067-06 PAGE 3 Attachments: Attachment 1 - Key Map for Removal of Part Lot Control Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table List of interested parties to be notified of Council's decision: Highmark Homes Anthony Biglieri, The Biglieri Group Ltd. 634 Attachmenl1 To Report PSD-067-0 U e .5 ! II C c '> 0 GI c: 0 E .. E N '0 Q. ~ 0 e ..I ! III e 1:: e I III a. CD A. Q .. e >- :::E "'CI c: e ID III 0 N '0 & ;0 ~ J! .. .!! u u 0 N ! "'CI ... "'CI ~ CC :i !. III '0 i.: e c GI l1. III C ..I ~ w z ~ ------7T"-- - /-l~ ( ~ ~ I f"':J LOT 94 I ,.~OJ/Q t L _ -"E"!STEREO_ II I"" I LOT 95 I ~.....,. :~------ =1 I , ;:; I \ LOT 96 I go. I ____ .:! II ___ '-- i- 1"1 BLOCK 97 \ ,.,,-.OJIJ II\-B,!;;~B__ ___~ IJ-l--- ~~ ,1\ ~~ , I <' I >-...,.--- ," ~ '1 l I I I I I I I \ I I I I I / / /' --- / SCUGOG STREET SEE llETAIL 'A' _____________________..., ''-OCK 1I0~ B1&,CK 100 'I -~R:el .:. ~'"'iI ,,_- p "",~ I. .......-.....- ----r- ~lloJ I _ __~_____ L __ --__~---- \\ . = ~ .,...... ~"" 'Ii \\ ... l,__ .__\.________________~__ ) ..~ . PLAN C> o C> ::> u en t- en w ~ ~ -~ ..... CONCESSION .1 ...... 635 I I I I I I I I I I I I I I I I I I I Attachment 2 To Report PSD-067-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006 being a By-law to exempt a certain portion of Registered Plan 40M-2225 from Part Lot Control WHEREAS the Council authorizes the execution of a development agreement with the Owner, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act, this By-law shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots Block 99 of Plan 40M-2225; 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on June 12, 2009. BY-LAW read a first time this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mutton, Mayor Palli l. Barrie, Municipal Clerk 636 Attachment 3 To Report PSD-067f Registered Plan: 40M-2225 By-law: I I I I I I I I I I I I I I I I I 637 I PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Result of Part Lot Control Exemption on Unit Type and Number I I I I I I I I I I I I I I I I I I I Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 5, 2006 Report #: PSD-068-06 File #: ZBA 2005-022 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PHIP LIMITED (THE FOLEY GROUP) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-068-06 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block "B" in Plan H50077 (see Attachment 1) (the "Porter and Bradshaw Plan") be APPROVED and that the attached Part Lot Control Exemption By-law (Attachment 2) be passed pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: f! Reviewed by: ~~ Franklin Wu Chief Administrative Officer I . Crome, M.C.I.P., R.P.P. Director, Planning Services BRlCPIDJC/df . 30 May 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 638 REPORT NO.: PSD-068'{)6 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Devon Downs Development Limited and Phip Limited (The Foley Group) 1.2 Applicant: Phip Limited (The Foley Group) 1.3 Part Lot Control: To permit the creation 13 lots and one block to be melded with lands being purchased from the Municipality of Clarington to create a fu rther lot. 1.4 Area: 0.906 hectares (2.239 acres) 1.5 Location: West Side of Bradshaw Street, including the Winnstanley Road allowance and 80 and 94 Bradshaw Street, being Part of Lot 9, Concession 2, former Town of Bowmanville (see Attachment 1). 2.0 BACKGROUND 2.1 On May 18, 2005, the Planning Services Department received a request from Phip Limited (The Foley Group) for the removal of Part Lot Control (ZBA 2005-022) with respect to Lots 26,28,30, 32, 34, 36, 38 and 40 inclusive, in Block "B" in Plan H50077 (Attachment 1). (the "Porter and Bradshaw Plan"). The Porter and Bradshaw Plan was originally registered in the Durham County Registry Office on October 3, 1856. Registration of this Plan of Subdivision was certified by the Land Registrar in the (Whitby) Land Registry Office on January 18, 1994. 2.2 The applicant has also gone through rezoning for the subject lands which was considered by Council and approved in January of this year. The rezoning is subject to Holding (H) to be removed by By-law at such time the conditions of approval have been satisfied. The Owner is currently finalizing a development agreement with the Municipality in this regard. 3.0 COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. The by-law would facilitate the development of a total of 13 new single detached dwelling lots. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law. 3.3 Staff recommends that the by-law be in force for a three (3) year periOd following Council approval, ending June 12,2009. 639 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-068.06 PAGE 3 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block "B" in Plan H50077. Attachments: Attachment 1: Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2: By-law for Removal of Part Lot Control Attachment 3: Unit Type and Number Summary Table List of interested parties to be notified of Council's decision: Gerrit Van Londen Sean Powers Mark Foley Don Chandler 640 Attachment 1 To Report PSD-068-06 ~ I r -. \ SN~V3" - 0- _~ I ll&, ~ T L 0 EDGERiOI'! ~ = ~ 5- eJ ~ ~I- I1II1 II - 8::3 :::IE OJ MVHS~3)i ~ ~ rlllll ;: w g ~ I i ~TI ~"S ~ ~@. 133.15 ~H ~\",~J( I 1 I I I UO ~I \;>\---1 '\ \ 1--l~ ~ '> c: .. E ~ III - , .< , .- -- 13r ~ . J -- i -'..l i; -,. -. , i , I .; i j' t! ! Of8! I , ,., 3nN3NI w w ~ ~ ~ ~ ..'" r-I II 1 It; - = c . 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I I I I I I I I I I I I I <9 I I I I I 641 I I I I I I I I I I I I I I I I I I I I Attachment 2 To Report PSD-068-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to exempt a certain portion of Registered Plan H50077 fror:: Part lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part lot Control, lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Block "B" in Plan H50077, registered at the land Titles Division ofWhttby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law; 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands; a) lots 26, 28, 30, 32, 34, 36, 38 and 40 indusive, in Block "B" in Plan H50077; 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on June 12, 2009. BY-LAW read a firsllime this day of 2006 BY-LAW read a second time this day of 2006 BY-LAW read a third time and finally passed this day of 2006 John Mullan, Mayor Palli L. Barrie, Municipal Clerk 642 Attachment, To Report PSD-061{ 643 I I I I I I I I I I I I I I I I I I TABLE 4 PART-LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: H50077 By-law: APPROVED Result of Part-Lot Control Exemption on Unit Type & Number Lots/Blocks Affected Unit Type & Number Lot 26, Block "B" Single - 1 An increase of Single - 1 Lot 28, Block "B" Single - 1 No increase in units Lot 30, Block "B" Single - 1 An increase of Single - 1 Lot 32, Block "B" Single - 1 An increase of Single - 1 Lot 34, Block "B" Single - 1 No increase in units . Lot 36, Block "B" Single - 1 An increase of Single - 1 Lot 38, Block "B" Single - 1 An increase of Single - 1 Lot 40, Block "B" Single - 1 No increase in units TOTAL Units - 2 An increase of 5 units I I I I I I I I I I I I I I I I I I I CI!J!illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: MONDAY JUNE 5, 2006 Report #: PSD-069-06 File No's: A2006-0017, A2006-0018 & A2006-0020 By-law #: OMB DECISIONS FOR A2005-0046 & A2005-0040 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 25, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-069-06 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on May 25, 2006 for applications A2006-0017, A2006-0018 and A2006-0020, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Rev;ewed by ~~ InWU, j' Chief Administrative Officer Submitted by: D vi . Crome, MCIP, R.P.P. Director of Planning Services SA *CP*DC'sh May 29, 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 644 REPORT NO.: PSD-069-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 25, 2006 Application Number Staff Recommendation Decision of Committee A2006-0017 ApprovefTable ApprovedlTabled A2006-0018 Approve Approve . A2006-0020 Approve subject to conditions Approved subject to conditions 2.0 COMMENTS 2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2006- 0017, A2006-0018 and A2006-0020 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 3.0 ONTARIO MUNICIPAL BOARD DECISIONS 3.1 Written Ontario Municipal Board (OMB) decisions were received May 16, 2006 for applications A2005-0040 and A2005-0046. 3.2 A2005-0040 was appealed to the OMB by the Municipality of Clarington as the decision of approval by the Committee of Adjustment was deemed to not meet the required four tests in the Planning Act required for a minor variance. The application was to permit an additional accessory building 53.1 m2 in area, which would increase the coverage by accessory buildings from the permitted 40% to 68% of the floor area of the main building. The applicant, Mr. Stewart-Haass approached Planning Staff to seek an agreement prior to the OMBhearing and a resolution was found. Minutes of Settlement were drawn up and approved by Council February 27,2006. The OMB reviewed the Minutes of Settlement and Planning Staff explained how they met the applicable tests for a 645 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-069-06 PAGE 3 minor variance. Both the applicant and Staff expressed to the OMB their satisfaction with the settlement. The OMB therefore dismissed the appeal and authorized the variance in accordance with the Minutes of Settlement. 3.3 A2005-0046 was appealed to the OMB by the applicant as they were not in agreement with the Committee of Adjustment decision. The application was for variances for reduction in rear yard and side yard setbacks for a deck, reduction in rear yard and interior side yard setbacks for a shed and for an increase lot coverage by all buildings and structures. The Committee of Adjustment approved the portions of the application pertaining to lot coverage, the rear yard setback for the deck and for the rear yard and side yard setbacks for the accessory building. The reduction in the interior side yard setback for the deck was denied as it was not deemed to be minor or desirable. On March 30, 2006, the OMB heard the appeal. Planning staff attended the hearing in support of the Committee's decision. After having heard all the evidence the Board member reserved his decision. The decision issued in mid-May upheld the decision made by the Committee that the reduction of the side yard setback for the deck does not maintain the intent and purpose of the zoning by-law, is not minor and is not desirable. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 2 - Ontario Municipal Board Decision for A2005-0040 Attachment 3 - Ontario Municipal Board Decision for A2005-0046 646 Attachment. To Report PSD-0611 ClfllmglOn 647 I I I I I I I I I I I I I I I I I I PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GREGG POWLESS JULIAN MORGAN PROPERTY LOCATION: 15 BROWNSVILLE COURT, BROWNSVILLE PART LOT 18, CONCESSION 1 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2006-0017 PURPOSE: TO REDUCE THE REQUIRED WESTERLY INTERIOR SIDE YO SETBACK FROM 2.0 M TO 0.67 M TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH 2ND FLOOR RECREATION ROOM & TO PERMIT AN ACCESSORY BUILDING WITH A WESTERLY INTERIOR SIDE YO SETBACK OF 0.243 METRES. DECISION OF COMMITTEE: THAT THE PORTION OF THE APPLICATION FOR THE ACCESSORY BUILDING BE APPROVED SUBJECT TO OBTAINING A BUILDING PERMIT WITHIN 60 DAYS AS IT IS MINOR, DESIRABLE AND CONFORMS WITH THE OFFICIAL PLAN AND ZONING BY- LAW, AND THAT THE PORTION OF THE APPLICATION FOR THE ADDITION TO THE DWELLING BE TABLED FOR UP TO 30 DAYS TO ALLOW THE APPLICANT TIME FOR DISCUSSION WITH STAFF. DATE OF DECISION: May 25,2006 LAST DAY OF APPEAL: June 14, 2006 I I I I I I I I I I I I I I I I I I I Cl~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SANDY WEDLOCK BRIAN MOUNTFORD PROPERTY LOCATION: 4 PARK LANE, CLARKE PART LOT 29, CONCESSION 1 FORMER TOWN{SHIP) OF CLARKE FILE NO.: A2006-0018 PURPOSE: TO REDUCE THE MINIMUM REQUIRED SETBACK FROM AN ENVIRONMENTAL PROTECTION (EP) ZONE FROM 3 METRES TO 0 METRES TO ALLOW THE CONSTRUCTION OF A SUN ROOM ADDITION TO AN EXISTING DWELLING. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE SETBACK FORM THE ENVIRONMENTAL PROTECTION ZONE FROM 3 METRES TO 2.5 METRES AS IT IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE ENVIRONMENTAL PROTECTION ZONE. DATE OF DECISION: May 25,2006 LAST DAY OF APPEAL: June 14, 2006 648 ClfJIingron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DON FISHLEY MICHAEL CLAY PROPERTY LOCATION: 5061 PATTERSON ROAD, CLARKE PART LOT 18, CONCESSION 5 FORMER TOWN(SHIP) OF CLARKE A2006-0020 FILE NO.: I I I I I I I I I I I I I I I I I I I PURPOSE: TO PERMIT THE RECONSTRUCTION AND EXPANSION OF A LEGALLY NON- CONFORMING DWELLING WITHIN AN ENVIRONMENTAL PROTECTION ZONE DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE, DESIRABLE AND IS IN CONFORMITY TO THE OFFICIAL PLAN AND ZONING BY-LAW, SUBJECT TO MEETING ALL CONDITIONS CONTAINED IN THE RECOMMENDATION SECTION OF THE STAFF REPORT WITHIN 90 DAYS OF THIS DECISION. DATE OF DECISION: May 25,2006 LAST DAY OF APPEAL: June 14, 2006 649 I I II I I I I I I I I I I I I I I I I I ISSUE DATE: May 12, 2006 DECISION/ORDER NO: 1429 Attachment To Report PSD-069-C P 051257 MUNICIPALITY OF CLARINGTON PLANNING DEPARTMENT The Municipality of Clarington has appealed to the Ontario Municipal Board under subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Committee of Adjustment which granted an application by Cindy and James Stewart-Haass numbered A2005-0040 for variance from the provisions of By-law 84-63, as amended, respecting 8185 King Street. OMB File No. V050589 APPEARANCES: Parties Counsel*/Aaent James and Cindy Stewart-Haass Municipality of Clarington Carlo Peliarin Susan Ashton DECISION DELIVERED BY SUSAN B. CAMPBELL AND ORDER OF THE BOARD Mr. And Mrs. Stewart-Haass, the Applicants, applied to the Municipality of Clarington ("Clarington") for a variance to permit the construction of a garage. The Committee of Adjustment (the "COA") approved the variance as applied for and. Clarington appealed that decision. Clarington and the Applicants have reached a settlement of this appeal and have. furnished the Board with a copy of executed Minutes of Settlement (Exhibit #1 ). . Carlo Pellarin,a planner with the Municipality of Clarington. testified that the variance requested meets the tests set out in section 45(1) of the Planning Act, in that the variance maintains the general intent and purpose of the Official Plan and the Zoning By-law, the variance is minor and it is desirable for the appropriate development of the land. 650 -2- PL051257 The Board accepts Mr. Pellarin's evidence, finds that the four tests contained in section 45(1) of the Act have been met, and therefore dismisses the appeal and authorizes the variance as follows, in accordance with Schedule #1 to the Minutes of Settlement: A minor variance is authorized to permit the construction of a 53.1 square metre accessory building by increasing the total lot coverage for all accessory buildings on the lot from 40% to 60% of the main building. The approval shall apply to permit the existing 54.4 square metre garage, the existing 6.6 square metre upper deck and would permit the construction of the proposed 53.1 square metre garage and a staircase of 1.2 square metres in area, subject to the existing lower deck being removed by June 30, 2006. This variance shall not permit the consolidation of building or structure area to create a building or structure greater than 55 square metres. This is the Order of the Board. VICE-CHAIR 651 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ISSUE DATE: Attachment: To Report PSD-069-01 _J 1442 ~ ~.;.r- MUNICIPALITY OF CLARINGTON Ontario PLANNING DEPARTMENT Ontario Municipal Board Commission des affaires municipales de rOntario PL051300 May 15, 2006 DECISION/ORDER NO: MAY 1 6 2006 Vincent Kiernan & Eleanor Kiernan have appealed to the Ontario Municipal Board under subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Committee of Adjustment of the Town of Clarington which dismissed an application numbered A-2005-0046 for variance from the provisions of By-law 84-63, as amended, respecting 54 Trudeau Drive OMB File No. V050613 APPEARANCES: RECEIVED Parties MAY 1 6 2006 Counsel Town of Clarington I j , ,- -" ...... --'-' (0 " ,'. ~q~'"rC\1 " tlriU:iH":l~j:"~ll\ 1 \/:" ,~../"-,>':j~',~.:'l ~:~ j. l .'A"""P'C ~T""'CE t Ii';l" t ..' -' '...' . . .' ~ ~.._...,;_.,.:....,-. ...-......."'......... N. Nacos Eleanor Kiernan, Vincent Kiernan DECISION DELIVERED BY G.C. O'CONNOR AND SUSAN SCHILLLER AND ORDER OF THE BOARD THE APPLICATION This is a hearing in the matter of an appeal by Vincent and Eleanor Kiernan (Applicants) from a decision of the Town of Clarington Committee of Adjustment (COA) dated November 17, 2005. The Kiernans wished to increase the lot coverage from 45% to 57%. In doing so, they wished to construct an accessory building in the rear yard and a deck. The accessory building required variances from both the rear and side yard setback, as did the rear deck. The design of the deck included a stretch along the interior side yard, and this stretch also required a variance from the side yard setback. The Committee of Adjustment approved the variances for the accessory building, for the rear deck, and for the consequent lot coverage increase from 45% to 54.5%. The Committee denied the interior side yard setback variance for that portion of the L- shaped deck that runs along the side of the house and that encroaches into the side yard. 652 -2- PL051300 The deck and accessory building are already built. ISSUES AND EVIDENCE In her testimony, the Appellant, Mrs. Kiernan, claimed that the request was minor. In her view, the side yard setback was not actually reduced since the deck was built high enough for someone to walk underneath the side yard deck to access the rear yard. She also stated that they had used only quality materials, beyond municipal specifications, in the construction of the deck and that made the deck quite desirable. Mrs. Kiernan filed a series of photographs of other neighbourhood homes with existing side access and upper level decks (Exhibit 2). She questioned whether some of these decks were erected without a building permit. Finally, Mrs. Kiernan testified that she and her husband needed the exit on the deck from the side of their house for fire exit purposes, though she was not suggesting that the home did not meet fire safety standards without the deck. Her alternative access to the rear raised deck would be through one of the two rear bedrooms. Mr. and Mrs. Kiernan are the only occupants of the home and use one of the bedrooms as an occasional guest bedroom. Nonetheless, the Kiemans did not wish to have rear deck access through this bedroom. Mrs. Kiernan acknowledged that the house had a basement family room that could provide alternate rear access, but she felt it would have been too costly to cut a door into the rear wall. Mr. Brad Roberts was qualified by the Board to provide expert planning evidence on behalf of the Town of Clarington. He testified that under Section 45 (1) of the Planning Act, the Board may authorize a variance to the zoning by-law if, in the Board's opinion, the variance: 1. Is minor, 2. Is desirable for the appropriate c,levelopment or use of the land, building or structure, 3. Maintains the general intent and purpose of the by-law; and 653 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -3- PL051300 4. Maintains the general intent and purpose of the official plan. Mr. Roberts reviewed for the Board each of the four tests and provided his professional opinion on all of the variances. In his professional opinion, the variances granted by the Committee of Adjustment are all reasonable, appropriate, maintain the general intent and purpose of the official plan and the zoning by-law, are minor and desirable for the use of the land. In his professional opinion, however, the interior side yard setback for the deck is not minor, does not maintain the general intent and purpose of the zoning by-law, and is not desirable for the appropriate use of the land. In particular, he testified that the requested variance conformed with the official plan but not to the zoning by-law. The only section of the by-law introduced and reviewed in evidence is section 12.2 (iii), which requires a side yard setback of 1.2 metres as opposed to the present 0.6 metres. Mr. Roberts testified that the intent of the setback is to provide adequate open space to ensure privacy. The east section of the deck is encroaching into the side yard setb'ack and, in his opinion, does not meet with the general intent of the zoning by-law. The zoning by-law does not prohibit a deck of this height provided it meets the setbacks and lot coverage outlined in the by-law. In terms of being desirable, Mr. Roberts testified that privacy in that area was at a premium because of small lots and further reduced privacy is not desirable. Part of the deck is encroaching and in his opinion does not meet with the general intent of the zoning by-law. Mr. Roberts filed a series of photographs to illustrate the encroachment and impacts on the neighbourhood (Exhibit 1). The Kiernan side deck overlooks into three neighbouring rear yards, which are prime private amenity space. He explained to the Board that while some other applications were approved, the side yard decks did not encroach into the adjacent rear yards of their neighbours. He also testified that the height and construction materials, in particular Plexiglas panels, nullify privacy. In his opinion the application was not in keeping with the character of the neighbourhood and not desirable. In summary, he testified that the deck encroaches above ground, above the fence and above the permitted height as it looks over the amenity space of many surrounding yards. The evidence also demonstrated that there are views from the patio door and balcony into the side kitchen window of 38 Trudeau Drive, the east neighbour. 654 -4- PL051300 BOARD'S FINDINGS The Board finds, on the unchallenged evidence of Mr. Roberts, that the variance for the rear deck which reduces the rear yard setback from the required 6m to 5.56m, the reduction in rear and side yard setbacks to permit the construction of an accessory building, and the consequent increase in lot coverage from 45% to 54.5% are reasonable, appropriate, maintain the general intent and purpose of the official plan and zoning by-law, are minor and desirable for the appropriate use and development of the land. These variances are authorized., On the question of the side yard variance for the deck, the Board has considered all the evidence including that of overview. The evidence of Mr. Brad Roberts, that the most easterly portion of the deck reducEls privacy in the abutting rear yards and in the neighbours' home persuades the Board: The Board finds that such a reduction of privacy constitutes an adverse impact in this particular instance, does not maintain the intent and purpose of the zoning by-law, ii not minor, and is not desirable. The appeal by Vincent and Eleanor Kiernan under Section (45) 12 of the Planning Act is allowed in part. The variances for the rear deck which reduces the rear yard setback from the required 6m to 5.56m, the reduction in rear and side yard setbacks to permit the constl1.!ction of an accessory building, and the consequent increase in lot coverage from 45% to 54.5% are authorized. The variance sought to reduce the interior side yard setback for the raised deck is not authorized. So Orders the Board. "G. C. O'Connor" G. C. O'CONNOR MEMBER OS. Schiller" S. SCHILLER MEMBER 655 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Clw:mgton REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, June 5, 2006 PSD-070-06 File No's: COPA 2004-001, ZBA 2004-006 By-law #: X-reference 18T -88046 Report #: Subject: APPLICATION FOR OFFICIAL PLAN AMENDMENT AND REZONING TO PERMIT A HIGH DENSITY HOUSING DEVELOPMENT APPLICANT: MARTIN ROAD HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-06 be received; 2. THAT the application to amend the Clarington Official Plan submitted by Martin Road Holdings Limited be APPROVED and that a by-law be passed by Council to adopt Official Plan Amendment 51 to the Clarington Official Plan as contained in Attachment 2; 3. THAT the application to amend the Municipality of Clarington's Zoning By-law 84-63, as amended, as contained in Attachment 3 be APPROVED and that a By-law removing the Holding (H) provision be forwarded to Council for approval at such time a development agreement has been executed; 4. THAT the modification to the development applications reducing the land area from 2.74 ha to 2.54 ha and reducing the number of proposed residential units from 271 to 220 is considered minor and no additional public meeting is required; 5. THAT the Region of Durham be forwarded a .copy of this report and be advised of Council's decision; and 6. THAT all interested parties listed in this report and delegations be advised of Council's decision. Submitted by: ~ Reviewed by: ~ Franklin Wu, Chief Administrative Officer Crome, M.C.I.P., R.P.P. r of Planning Services JW*CP*DJC*sh*df May 30, 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 656 ~ REPORT NO.: PSD-070-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Martin Road Holdings Limited 1.2 Official Plan Amendment: Amend "Table 9-2" Housing Targets by Neighbourhoods" for the Westvale Neighbourhood in Bowmanville by increasing the high density residential units from 275 to 500, decreasing the low density from 1025 to 900 and increasing the total units from 1800 to 1850 and adjusting the total units for the Bowmanville Urban Area accordingly. Amend the population target on "Map E2" for the Westvale Neighbourhood from 4,800 to 4700 to implement the proposed high density housing development. 1.3 Zoning By-law Amendment: Rezoning of the land from "Holding-Urban Residential Type One ((H)R1)" to an appropriate zone to implement the proposed high density housing development. 1.4 Site Area: 2.54 hectares. 1.5 The lands subject to the amendments are located on the north side of Aspen Springs Drive, east of Martin Road in Bowmanville, being Part lots 15 & 16, Concession 1 in the former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 The subject lands were the subject of a previous draft approval for a development of a crescent shaped street containing a total of 64 single and semi-detached/link dwellings. 2.2 On February 24, 2004, the applicant submitted applications to permit four 4-story apartment buildings on 3.6 ha of land. The application was put on hold, at the applicant's request, due to land negotiations with GO Transit for a future train station and car park. 2.3 After having completed land negotiations with GO Transit, the applicant submitted revised applications for a high density development on October 29, 2004. The revised applications proposed a total of 271 dwelling units in three 4-story apartment buildings on 2.74 hectares. A public meeting was held by the Municipality on February 21, 2005. The GPA Committee recommended to Council to refer the application back to staff for further review and the preparation of a subsequent report. A number of people spoke in opposition to the application at the Public Meeting. The issues raised are identified in Section 3, Public Notice and Submissions. 657 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-070-06 PAGE 3 2.4 Following the public meeting, the applicant was requested to improve the concept plan to address some of the issues raised by neighbouring residents as wall as Planning Staff. The revised plan has reduced the area from 3.6 ha to 2.14 as a result of further negotiations with GO Transit. The number of buildings has been reduced to two (2), set further back on the site, and the number of units is reduced by 50 to 220 units. 2.5 As of the writing of this report, a detailed site plan application has not been submitted. However the concept plan indicates both surface and underground parking and landscaped court yards in-between the buildings. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Pubic notice was given by mail on January 20, 2005, to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. 3.2 The following summarizes the concerns raised by the residents with respect to the proposal at the Public Meeting held on February 21, 2005, as well as telephone conversation, e-mails and letters received by planning staff: . The development will decrease property values; · The development will increase traffic along Aspen Springs Drive and at the intersection to Regional Road 57. This will require a traffic signal at this intersection; · The development will result in a loss of privacy in the backyards of existing houses on the south side of Aspen Springs Drive; · A resident believes that this proposal would necessitate the construction of an underpass providing access to the West Town Centre; and · If the proposal is for the low income apartments, it would not be desirable for the area and the apartments being rental units will devalue the residential homes in this area. 3.3 Some comments highlighted that Clarington needs a mixture of housing and Aspen Springs Drive would be an appropriate location for the high density housing. 3.4 The applicant committed to work with the staff to address some of these issues and to improve the overall development design including site plan, building elevations and building heights. Design improvements to the original concept together with a review of the issues identified in Section 3.2 are described in the Section 9 under Staff Comments. 3.5 All landowners within 120 metres of the subject site were invited to a public open house to review the modified design proposal of the residential apartments. On April 10, 2006 the invitation letters, together with the modified conceptual designs were mailed to these residents. This Public Open House was held by the Municipality on May 3, 2006, at the Baseline Community Centre to consider any other concerns of the local residents. No 658 REPORT NO.: PSD-070-06 PAGE 4 one attended the open house and no one contacted staff after receiving notice of the open house. 4.0 SITE CHARACTERISTICS 4.1 The subject site is currently vacant and slopes from north to south. St. Lawrence and Hudson Railway bounds the north limits. Detached dwellings and apartment buildings are located on the south side of the Aspen Springs Boulevard. Vacant land for a future GO Train station car park premises abuts the east limits, and a condominium residential development is located to the west. 4.2 The condominiums to the west of the site completed recently are three storey residential apartment buildings. On the south side of Aspen Springs Drive (opposite to the development site) are two storey detached houses and three storey residential apartment buildings. 4.3 The existing three storey apartment buildings in this area are built close to the street and contribute to create a sense of place and identify as an urban residential node. Together with the existing individual houses, it achieves a mixed residential area reinforcing a diversified community life. The existing character of the immediate surroundings created by a mix of existing urban residential buildings 659 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-070-06 PAGE 5 Proposed development site with Seniors Residence in the background The existing residential buildings and surroundings 660 REPORT NO.: PSD-070-06 PAGE 6 . 5.0 PROVINCIAL POLICY STATEMENT (PPS) CONFORMITY 5.1 The PPS establishes the following policies applicable to this development . New development shall occur adjacent to built up areas and shall have compact form, a mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities (Policy 1.1.3.7). . It is required to provide for a range of housing types and densities and new housing is to be directed to locations where infrastructure and public services are or will be available. An appropriate range of housing types and densities shall be provided by promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of alternative transportation modes and public transit in areas where it exists or is to be developed (Policy 1.4.3). · The density of the proposed development adjacent to Bowmanville West Town Centre and future public transit contributes to achieve the Provincial Policy Statement objectives and conforms to the above policies. 6.0 OFFICIAL PLANS CONFORMITY Durham Reaional Official Plan 6.1 The lands are designated "Living Area" within the Durham Regional Official Plan. Lands designated "Living Area" permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure (Policy 4.3.1 and 4.3.2) The proposal is in conformity with the policies of the Durham Region Official Plan. Clarinaton Official Plan 6.2 In the Clarington Official Plan, the subject lands are designated as Urban Residential, in the Bowmanville Urban Area. The lands are within the Westvale Neighbourhood and incorporate a High Density Symbol north of Aspen Springs Drive. 6.3 One of the objectives of the Official Plan is to provide for a variety of housing densities and housing forms for each neighbourhood to achieve a desirable housing mix. The site development are: · Site suitability in terms of the adequacy of municipal services and its size and shape to accommodate the density and form, · Accessibility to community facilities, shopping and public transit, · Capacity in the road system to accommodate additional traffic, · Physical compatibility with the surrounding neighbourhood in terms of scale, massing, height, siting, setbacks, shadowing and, . Adequate on site parking. 661 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSO-o70-06 PAGE 7 6.4 The Official Plan states that High Density residential uses shall be developed at a density of 61-100 units per net residential hectare. The predominant housing form shall be high-rise apartments to a maximum of six storeys. The proposed development has a density of 87 units per hectare and the maximum building height is 4 storeys. 6.5 The Official Plan Amendment application proposes changes to Table 9-2 of the Official Plan. The table identifies the Neighbourhood Planning Units by name, population and housing unit target. The proposal would amend the housing target for the Westvale Neighbourhood Planning by decreasing the low density units from 1025 to 900 and increase the high density units from 275 to 500 and increase the total number of units for the neighbourhood from "1800" to "1850". 6.6 The population allocation in the Official Plan for the Westvale Neighbourhood is currently 4800. The proposed amendment would decrease the population allocation from 4800 to 4700 persons. 7.0 ZONING BY-LAW CONFORMITY 7.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Holding-Urban Residential Type One ((H)R1)" Zone which does not permit the proposed type of residential development. 7.2 A zoning by-law amendment is required to facilitate the proposed high density residential development. 8.0 AGENCY COMMENTS 8.1 In consideration of the nature of the application and the proposed development, the application was circulated to the relevant intemal and key external agencies. 8.2 There were no objections to the Official Plan and Zoning by-law Amendments to permit the condominium apartment development. Comments received primarily dealt with the site plan servicing issues 8.3 Engineering Services comments: · As part of the site plan control process, the applicant may be required to undertake traffic and transportation improvements that are deemed necessary by the Director of Engineering for the Bowmanville Urban Area to be implemented. . Prior to any site plan approval for the subject lands the applicant must provide an on-site parking plan demonstrating that there is sufficient on- site parking to accommodate the maximum anticipated level of resident and visitor parking. 662 REPORT NO.: PSD-070-06 PAGE 8 . The site conforms to both the storm sewer design for the subdivision and the requirements of the West Side Mater Drainage Study prior to the site plan approval for the subject lands. 8.4 The Region of Durham Planning Department comments: · The proposal is permitted by the policies of the Durham Regional Official Plan. · The applicant is required to submit site servicing drawing to the Regional Works Department for their review prior to the issuance of building permits by the Municipality. 8.5 The Central Lake Ontario conservation Authority has no objections to this development and detailed requirements will be addressed through the site plan approval process. 8.6 Comments from St. Lawrence and the Hudson Railway have not been received for the official plan amendment and rezoning application. However, the lands have been designated and approved for residential development since about 1990. Should these applications be approved, they will be circulated the site plan application for comment. 8.7 Clarington Catholic District School Board has commented that provisions should be made for sidewalks in this development. 8.8 Enbridge Gas, Bell Canada and Rogers Cable TV have no objections to the development. 9.0 STAFF COMMENTS 9.1 Currently the proposed development site is surrounded by 3 storey residential apartment buildings to the west and south, as well as 2 storey detached residential dwellings to the south. The existing apartment buildings, together with the proposed development define the transition between the south edge of the West Town Centre of Bowmanville and the Westvale neighbourhood. The West Town Centre, north of the railway is planned to develop with a mix of commercial, institutional and residential uses at higher densities, up to 300 units per ha. 9.2 The proposed development site is a prominent location in terms of its visual exposure to both Aspen Springs Drive and Regional Road 57. The visual exposure will be further enhanced due to the openness of the adjoining land planned for a future GO Transit car park. The proposed development visually demarcates the edge of the residential area and the west town centre commercial core to the north. The submitted conceptual design has given consideration on the building orientation, layout plan and elevations in order to deal with the design and aesthetic matters and minimize impacts on the detached housing across Aspen Springs Drive. The urban design aspects will be further reviewed during site plan approval stage. 663 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-070-06 PAGE 9 9.3 The proposal for higher density in this location, in proximity of public transit and planned central areas such as the West Town Centre is consistent with Provincial, Regional and Municipal policy objectives for urban intensification and transit sustainable development. 9.4 Based on the residents' comments and concerns which are described under.Section 3, the proponents were requested to revise their plans to take into aCCount the residents' issues. 9.5 The proponents submitted a revised design concept. The key revisions are: . The building block layout configuration has been changed from three blocks to two blocks while maintaining the central landscaped area and a framed vista; . The buildings setback from the street have been increased to provide greater separation from the buildings to the existing residences on the south side of Aspens Springs. The separation between the residents to the south and the proposed development will range from approximately 56 to 71 metres; . The building height for a portion of the elevations facing Aspen Springs Drive has been reduced from four storeys to three storeys. This reduces the mass of the building facing the street, as well as the number of units overlooking the residences on the south side of Aspen Springs. . The applicant has proposed intensive landscaping between the street and the building, while providing limited on-site parking in this area. . Efficient arrangement of surface car parking predominantly along the side and rear edges, as well as underground parking. . Architecturally improved concept elevations by changing the fayade textures and roof lines. 9.6 In terms of concerns raised about increased traffic neither Clarington Engineer Services, nor Durham Works Department provided comments that this would be an issue. The proposed development is at the north limits of the Westvale Neighbourhood in the vicinity of other medium and high density developments. The future GO Train Station is located to the east and the proposed development site is immediately south of Bowmanville West Centre. Traffic signals are typically installed based on warrants and intersection traffic volume will be monitored by the Region and the Municipality to determine when and if signalization of the intersection is appropriate. The construction of the Green Road underpass, which was one of the concerns of the residents, has been scheduled for construction in the year 2007. 9.7 Although the Municipality of Clarington has no control over tenancy of the development, the applicant has suggested it will be a condominium. Property values are affected by a variety of factors and it is impossible to predict the impact of one development on the property values of neighbouring properties. However, high density development is not out of character in this location and is consistent with provincial, regional and municipal policies. 664 665 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-070-06 PAGE 10 9.8 All landowners within 120 metres of the subject site were invited for a public open house to review the modified design proposal of the residential apartments. The Planning Department sent an invitation letter with the modified conceptual designs to these residents. This public Open House was held by the Municipality on May 3, 2006, to consider any other concerns of the local residents. There were no attendees and no concerns where received. An area resident made a counter inquiry on the proposed revised design and had no concerns. 9.9 The revised development proposes 220 apartment units within two 4 storey buildings. The revised concept elevations show that certain sections of the elevation facing Aspen Springs Drive are 3-storey. The development has a net density of 87 units per ha. The revisions to the application since the public meeting decrease the area of development as well as the number of units. The revisions are considered to be minor and do not warrant a further public meeting. Although site plan details have not been submitted at this time, the applicant has confirmed that underground parking will be necessary to provide required parking for the development. 9.10 Considering the above information and agency comments, high density residential in this location is appropriate. 10.0 CONCLUSIONS 10.1 In consideration of the comments received from circulated agencies and review of the proposal, it is recommended that the application to amend the Clarington Official Plan submitted by Martin Road Holdings Limited be APPROVED and that the Official Plan Amendment 51 contained in Attachment 2 be ADOPTED by by-law by Council. 10.2 That the application to amend the Municipality's Zoning By-law 84-63, as amended, as contained in Attachment 3 be APPROVED and the removal of Holding (H) provision be forwarded to Council for approval at such time a development agreement has been executed. Attachments: Attachment 1 - Key Map Attachment 2 - Amendment 51 to the Clarington Official Plan and By-law Attachment 3 - Zoning By-law Amendment List of Interested parties to be advised of Council's decision: Ron Boivin Bill Hamilton Kelvin Whalen Scott Grundy Kim Martin Bill Hamilton Mike Kelly Emily Beaudion Pauline Frenette Ann Fennell John Linney I I I I I I I I I I I I I I I I I I I T Attachment N o Report PS o. 1 D-070-06 ::! .~ .. E ~ III W > 0:: C en Cl z 0:: a. en z W a. ~ ~ I- Z W :::l! ~c oZ oW ,:::l! ~ee 0:= Nj ct. ~~ Cl Z z 2 - C GI E 'tJ C ~ ~ gee I c ~.!! oll.. N- C(.!! ~~ CJ c .s CIl c ";: III (j \ , - Q. .. :::;; c:: o :;:; .. u .3 ~ CD ~ Do -- ~ ~ ~ ~ Ul ~ ~ ~ :a ~ ~ ~ ~ 'd> III CIl c '5 "0 :I: 'tJ III & c 1:: III :::l! i.: Gl C ~ 666 J-\llC::ll.,;llIllt::IILL To Report PSD-070i6 I I I I I I I I I I I I I I I I I I AMENDMENT NO. 51 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The lands located on the north side of Aspen Springs Drive between West Side Drive and Martin Road in Bowmanville, being part Lots 15 & 16, Concession 1 in the former Township of Darlington will be developed for high density residential units. For this, the Housing Targets will be changed by increasing the high density residential units, decreasing the low density units and increasing the total units. The population targets also will be increased. BASIS: The amendment is based on the detailed review of an application submitted by Martin Road Holdings Limited to construct 220 residential units. AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending "table 9-2 Housing Targets by Neighbourhood" by decreasing the low density target from 1 025 units to 900 units and by increasing the high density target from 275 units to 550 units for the Westvale Neighbourhood and adjusting the total number of units for Bowmanville. Table 9-2 Housing Targets by Neighbourhood Medium High Bowmanville Westvale 900 350 500 1100 25 o 75 1850 TOTAL 13,050 3,150 22,200 2. By amending Map E-3 Neighbourhood Planning Units as shown on Schedule "A". IMPLEMENTAITON: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment. 667 I I I I I I I I I I I I I I I I I I I I 12 I DARUNGTON GREEN (2800) · EXHIBIT "A" AMENDMENT No. 51 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA r------ o ~ 0: =- I I I I t o 200 400 600 800 m 200 m CONCESSION ROAD 3 i;l '" l!' '" 8 14 WAVERLY (4200) ~ .............~ I ~ 0: I 13 I ,. ::5 I I I I I I I gl 0: s. Zl ffi '" I BASEUNE ROAD CHANGE POPULATION FROM "4800" TO "4700" I;I!!HwA~ 407 ONTARIO MAP E2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON 1Il0000BER 14, 200,'5 REFER TO SECTIONS 5 AND 9 I 'MS CONSCJU:I,t.TIC IS PRCMDED FOR cotfYENlENCE ONlY I NI) REPRESENTS REQUESTED t.IOIJFlCAlIONS MD IPflRCMLS - - - URBAN BOUNDARY NElGHBOURHOOO BOUNDARY (1000) POPULAnON CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to adopt Amendment No. 51 to the Clarington Official Plan WHEREAS the Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto: AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit a high density residential development and adjustment to the neighbourhood population targets: NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. That Amendment No. 51 to the Clarington Official Plan, being attached Explanatory T ex! is hereby adopted. 2. This By-law shall come into force and take effect on the date after the last day of appeal. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this 2006 2006 day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 669 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment No. 3 To Report PSD-070-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-_ being a By-law to amend By-law 84-<33, the Comprehensive Zoning By-law for the Corporation of the Municilality of Clarington WHEREAS the Council of the Corporation of the MUnicipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastte in accordance with applications ZBA 2004- 006 and COPA 2006-0001 to permit two high dens~y residential apartment buildings as permitted uses; NOW THEREFORE BE IT RESOLVED THAT the Council ct the Corporation of the Municipaiity of Clarington enacts as follows: Section 15.4 "-Spec",1 Exceptions - Urban Residential (R4) Zone" is hereby amended by introducing a new sub-section 15.4.28 as follows: "15.4.28 URBAN RESIDENTIAL EXCEPTION (R4-28) ZONE" Notwithstanding Sectton 15.2 a), b), c), g), h), those lands zone R4-28 on the Schedules to this By-law shaH be subject to the following zone regulations: a. Density (Maximum) 100 Units per ha b. Building Height (Maximum) 16.5 m c. Setback (Minimum) i) Front yard to the west end of building 18 m iI) Front yard to east end cf building 30 m iii) Interior Side Yard 25 m Iv) Rear Yard 30 m d) Landscaped Open Space 50% e) A 3000m' min area landscape open space court yard in-between the buildings shall be provided f) A minimum 20% of the building elevation facing the public street shall ha.... a max height of three (3) storeys. 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation fi'om: "Holding Urban Residential Type One ((H)R-1)" to "Holding -Urban Residertial Exceptton ((H)R4-28)" as illustrated on the attached Schedule "A" hereto. 3. Attachment" A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of tle passing hereof, subject to the provisions of Section 24(2), 34 and 36 of the Planning Act 1. BY-LAW read a first time this day of 2006 BY-LAW read a second tme this day of 2006 BY-LAW read a third ttme and finally passed this day of 2006 John Mutton, Mltfor Patti L. Barrie, Municipal Clerk 670 I I I I I I I I I I I I I I I I I I I CJ!J!J1Jgton REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 5, 2006 Report #: OPD-007-06 File#: By-Law #: Subject: PARKS BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-OO? -06 be received; 2. THAT the Parks By-law revisions as outlined in the proposed By-law (Attachment No.1) be approved; and, 3. THAT the By-law be forwarded to the Durham Region Police Services. Submitted by: Fr B.. .D.M.R., R.R.F.A. Director of Operations -by. {lAJP ranklin Wu, f Chief Administrative Officer FHIBGlwc 801 REPORT NO. OPD-007-06 PAGE 2 I I I I I I I I I I I I I I I I I I I 1.0 BACKGROUND AND COMMENT: Parks By-law Staff has completed their review of the existing Parks By-law which was previously approved in 1991 and amended in 1992 (Attachment No.2). There are several changes to the Parks By-law which addresses some current issues or concerns by the Department. These include the addition of a section dealing with the protection of wildlife which states that "no person shall, in any park, feed any waterfowl;" and the inclusion of hours of operation to close all parks between the hours of 11 :00 p.m. and 6:00 a.m. unless permission is obtained from the Director of Operations. This would not apply to those parks with lighted sport facilities. The closure is supported by Durham Region Police in an effort to control vandalism and inappropriate use of our parks. 2.0 CONCLUSIONS It is our intention that this By-law be used as a means to identify and control the inappropriate use of our parks. It will inform users of permitted and prohibited activities. Only instances of persistent misuse would result in an individual being charged. Attachments: Attachment #1 - Proposed Parks By-law Attachment # 2 - Existing Parks By-law 91-20 with amendment 92-125 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C JAB T (905) 263-2292 F (905) 263-4433 802 I:\GPA REPORTS 2OO6\OPO-oG7.oo - Par1<s By-Law.doc I ATTACHMENT #1 REPORT OPD-007-06 I THE CORPORATION OF THE MUNICI?ALITY OF CLARINGTON BY-LAW NO. 2006. I I Being a by-law to regulate, protect and control all public parks in the Municipality of Clarington and to repeal By-laws 91-20 and 92.125 WHERAS the Council of the Municipality of Clarington, pursuant to the provisions of Section 130 of the Municipal Act S.O. 2001, c.25, has the authority to enact this by-law; AND WHEREAS the Council of the Corporation of the Municipality of Clarington find II necessary to enact a by-law to regulate, and control all public parks in the Municipality of Clarington and to protect these lands on behalf of the public interest; I I AND WHEREAS Section 425 of the Municipal Act S.O. 2001, c.25, provides that any person who contravenes by-laws of the Council passed under the authority of the Municipal Act Is guilty of an offense. NOW THEREFORE The Munlcipallly of Clarington hereby enacts as follows: I DEFINITIONS 1. For the purpose of this by-law, I (a) "authorized sign" means any sign, notice, or other device placed or erected in or upon a park, under the authority of this by~aw; (b) "Corporation" means the Corporation of the Municipality of Clarington; (c) "Council" means the Council of the Municipality of Clarington; I I (d) "damage" means break, Injure, deface, roove or reroove; (e) "designated area" means an area defined or constructed for a spectfic use which may include posted conditions; (f) "Director" means the Director of Operations of the Municipallly of Clarington or hislher designate; (g) "liquor" means liquor as defined by the Uquor Control Act; (h) "motor vehicle" means a motor vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H8 as may be amended from time to time; I I I (i) "motorized recreation vehicle" includeS a snowmobile, go-<:art, trail bike, mini bike, all-terrain vehicle, or similar vehicle, propelled or driven by an Intemal combustion engine; I Ul "park" means land and land covered by water and all portions thereof owned or made available by lease, agreement, or othelwise to the Municipality, that Is or hereafter may be established, dedicated, set apart or made available ,for use as woodlot, ravine, recreation centre, square, garden, walkway, water or any other area in the Munlcipallly, devoted to active or passive reaeation; I I I (k) "parking lot" means any area or a tract of land designated for the parking of vehicles; (I) "parking space" means a portion of the surface of a parking lot designated by suitable markings for the purpose of parking a vehicle, exclusive of aisles; I (m)"pennit" means any written authorization of Council, a Committee established by Council, or the Director where such authority has been delegated; I (n) "resident" means residents of the Municipallly of C1arington; 803 2. a) Except as otherwise expressly provided by this by-law: (i) All parks shail be ciosed from 11 :00 p.rn. to 5:00 a.m. I I I I I I I I I I I I I I I I I I 804 I (0) "vegetation" means any flower, piant material, shrub or tree; (p) "vehIcle" includes a motor vehicle as defined under the Highway Traffic Act, R.S.O. 1990, c.H8, as may be amended form time to time, and any bicycle, carriage, wagon, sleigh or other vehicle or conveyance vf every description, whatever the mode of power, but excludes wheelchair or similar deviCe (powered or otherwise) used by an individual due to a disability, baby carriage or cart, child's wagon, child's stroiler, child's sleigh or other conveyance of like nature. PART 1 - HOURS OF OPERATION (iI) Notwithstanding the foregoing, the parks may be opened at any time upon permission of the Director. (iii) During any period when a park is closed, no vehicle shail remain on park property. (iv) During the time a park is closed, as herein before provided, no person except a Police Officer or a Municipality of Clarington employee, while on duty, shail enter or remain on park property and, during such period, no person shailleave a vehicle owned or operated by him/her on park property. PART 2 - CONDUCT 3. Conduct No person shail, within the limits or boundaries of any park within the Municipality: (a) indulge in any riotous, boisterous, violent, threatening, or illegal conduct or use profane or abusive language; (b) cast, throw, or in any way propel any object in such a manner as may, or does, endanger or cause injury or damage to any person or property; (c) create a nuisance by lottering, spying, accosting, frightening, annoying or otherwise disturbing other persons; or (d) create a nuisance or in any way interfere with the use and enjoyment of the park by other persons. 4. Firearms and Offensive Weapons While in any park, no person shail be in possession of or use any firearm, replica guns, air gun, bow and anrow, axe or offensive weapon of any kind unless authorized by permit. . 5. Fireworks While in any park, no person shail igntte, discharge or set off any firecrackers, rockets or other fireworks except as a fireworks display authorized by permit. 6. Injury and Damage No person shail in any park: (a) climb any building, structure or equipment, unless n is equipment designed for climbing; (b) Damage any vegetation or any building, structure, equipment or other property of the municipality; In any manner, disturb ground which is under repair, prepared for planting, has been newly seeded or sodded or is in an area posted to that effect; or (e) Drive, park or walk in an area posted to prohibit same. I I I (c) (d) I 7. Waste and Pollution No person shall in any park; (a) dispose or dump garbage, liller, tree trimmings, yard waste, or any other refuse, except that which is generated through the normal . use of the park and shall only deposit same in receptacles provided for such purpose. dispose of or dump garden refuse except In a designated area thereof; dump or drain onto any soils or into the waters of any pool, pond, lake, stream, founlain or watercourse of any kind any material, toxic or otherwise, which may have the effect of polluting same. Protection of Wildlife I I (b) I (c) I (d) I 8. Unless authorized by permit, climb, move or remove the whole or any part of rocks, boulders, rock faces, vegetation, or remove any soil, sand or wood; unless authorized by permit, dump or deposit snow, fill, soil, building or construction materials; or I (a) No person shall in any park: I (b) (c) I I 9. Encroachment feed any waterfowl. kill, altemptto kill, maim, injure, trap or disturb any animal,bird, waterfowl, fish, worms, or other w1ldlffe; or touch, injure or remove any nest or egg there from; or Unless authorized by permll or agreement, no person shall encroach upon or take possession of any park by any means whatsoever, including the construction, installation or maintenance of any fence or structure, the dumping or storage of any matertals or plantings, cullivating, grooming or landscaping, thereon. 10. Alcohol I While in any park, no person shall consume, serve, or sell alcoholic beverages unless authorized by permit and with the approval of the Liquor Licence Control Board of Ontario. I PART 11I- PARK USE I I Campfires and Barbecues While in any park, no person shall: (a) light, build, or stoke an open fire or bonfire unless authorized by permit; 11. I (b) use charcoal or solid fueled portable barbecues unless authorized by permit or where posted to allow same; (c) use fuel other than charcoal or briquettes in stationary barbecues; or I 805 (d) leave a barbeque or campfire without extinguishing the fire and ensuring that the embers are cold. I I I I I I I I I I I I I I I I I I 806 I 12. Organized Gatherings and Picnics While in any park, no person shall: (a) unless authorized by permit, hold a picnic, organized gathering or event for more than twenty-five persons; or (b) interfere with a picnic, organized gathering or event authorized by permit. 13. Amplifiers and Loud Speakers Unless authorized by permit, no person shall operate loud speakers or amplifying equipment In any park. 14. Camping and Lodging Unless authorized by permn, no person shall dwell, camp, or lodge in any park. 15. Tents and Structures Unless authorized by permit. no person shall place, instell, or erect any temporary or permanent structure in any park. 16. Bathing, Swimming or Sun Bathing No person shall: (a) swim In any public swimming pool, except at times designated for swimming; (b) fail to abide by posted signs in or adjacent to any swimming pool, or to obey the instructions of any lifeguard or other authorized person; or (c) swim, bathe, or wade in any fountain, pond, lake or stream, except in a designated area. . 17. Use of Wash and Change Rooms No person shall enter any portion of any washroom, bathhouse, or change room in any park set apart for the opposite sex. No person shall enter any portion of any washroom, bathhouse, or change room in any Park with a camera or electronic equipment capable of replicating images. PART IV -GAMES, SPORTS, AND ORGANIZED ACTIVITIES 18. Organized Sports or Activities 1. While in any park, no person shall: (a) arrange or engage In an organized sport or activity, unless authorized by permit; or (b) interfere with an organized sport or activny authorized by permn. 2. In addition to the prohibnions set out in subsection (1), while in any park no person shall utilize a designated area.without a permit where same is posted to prohibit or restrict such use. 19. Fishing No person shall fish in an area posted to prohibit sarna, in any park. I I 20. Golfing While in any park, no person shall play or practice go~ or strike a golf ball. I 21. Model Aircraft and Rockets While in any park, no person shall operate any powered models of aircraft, rockets, watercraft, or vehicles unless authorized by permit. I 22. Gliders and Hot Air Balloons Unless authorized by permit, no person shall tether, iaunch, or land any hot I air balloon, hand glider, ultra light aircraft or similar conveyance in any park. 23. Skating 1. No person shall erect any outdoor ice surface in any park except I unless authorized by a permit, and. may construct under terms and the following condttions. . 2. volunteer residents agree to the following terms and conditions: I i. Abide by safety guidelines as set by the Munlcipaltty from time to time. The volunteer residents inspect the rink daily to ensure structure I and Skate surface is as safe as possible and maintain a log of inspections for review by the Operations Department. I ii. The volunteer residents are responsible to organize, schedule, secure hoses and obtain additional volunteers to ensure the public's safety at all times. I iii. The volunteers are required to work under the direction of the Operations Department ttse~. I 3. Community groups agree to the following terms al'ld conditions in addition to Section 23(2) I and ii above. I. The group must provide a hold I harmlesslindemniflcation agreement signed in favour of the Municipality. ii. The group must provide proof of at least I $1,000,000 limtt of jiabiltty insurance which includes the Municipaltty as an Additional Insured under the residents policy with respect to any lIabiltty arising out of the ice surface. I 24. SkIIng No person shall ski, toboggan, snowboard, or sled in any area in any park I posted to prohibit same. 25. Roller Skates and Skate boards I While In any park, no person shall: (a) operate or utilize roller skates, skate boards, linear skates, heelies, or like conveyances where posted to prohlbtt or otherwise I restrict the use of the same; or (b) obstruct, inconvenience or endanger other users of the park while operating or utilizing traditional or in-line roller skates. I I 807 1. The Director is authorized to establish appropriate regulations to regulate the use of park roadways. I I I I I I I I I I I I I I I I I I 808 I 26. Tennis No person shall enter, walk, or play upon a designated area for tennis in any park, except in accordance with the posted rules and regulations. PART V - VEHICLES 27. Roadways 2. Unless authorized by permit, and except as provided in Section 30 with respect to bicycles, no person shall, while in any park, drive, operate, pull or ride any vehicle except on a roadway or parking area. 28. Parking While in any park, no person shall: (a) park or leave a vehicle except In a designated area for parking; (b) park or leave a vehicle between the hours of 11:00 p.m. and 5:00 a.m., except in a designated area allowing for such overnight parking, or where authorized by permit; (c) stop or park a vehicle in a designated area for parking, except in a parking space and in accordance with posted conditions; (d) siop or park a vehicle in a-designated disabled parking space, unless a disabled person parking permit issued in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990 c.H.e, as may be amended form time to time, Is properiy displaYed on or in the vehicte; or (e) use any parking space except whihil using the park. 29. Other Activities No person shall make use of any roadway or parking lot in any park for: (a) washing, cleaning, servicing, maintaining or, except in the event of an emergency, the repair of any vehicle; or (b) instructing, teaching or coaching any person in the driving or operation of a motor vehicle. 30. Bicycles While in any park, no person shall: (a) ride, operate or be in possession of any bicycle where posted to prohibit same; or (b) obstruct, inconvenience or endanger other users of the park while riding or operating a bicycle. 31. Motorized Recreation Vehicles No person shall ride, drive park or be in possession or control of a motorized recreational vehicle in any park except in a designated area. 32. Trucks and Commercial Vehicles No person shall drive, operate, pull or ride in any park: (a) any heavy machinery or equipment of any description and whatever the mode of power; or I I I (b) any truck, trailer or bus whatsoever except a vehicle that is, being used for the purpose of making a delivery to a point within the limits of the park while it is proceeding to or from such point of delivery, or this provision shall not apply to a motor vehicle operated for personal, recreational or noncommercial purposes. (c) I 33. Speed Unless authorized by permit, while in any park, no person shall operate: I (a) (b) any vehicle on a roadway at a speed in excess of the posted Iimli; or a bicycle other than on a roadway at a speed In excess of 20 kilometers per hour. I PART VI- COMMERCIAL ENTERPRISES I 34. Sale of Merchandise, Trade or Business I . 1. Unless authorized by permit, no person shall, while in any park, sell or offer or display for sale: (a) any food, drink or refreshment; (b) any goods, wares, merchandise Or articles Including promotional material, souvenirs and novelties; or I (c) any art, skill, service or work. 2. While In any park, no. person shall practice, carry on, conduct or solicit for any trace. occupation, business or profession. I I 35. Circulars and Advertisements 1. Unless authorized by permli and Municipal Peddlers Licence, no person shall: I I (a) while in any park distribute, discard, or display any handbill, notice, or other circular, bill or advertisement; or (b) post, nail, attach, stencil or otherwise fasten or erecI any poster, sign, notice, placard or other circular, bill, advertisement or paper to any park property. PART VII- REGULATION AND ENFORCEMENT I I I I I 36. Pennlts and Licences 1. Permlis issued for activities contemplated in this by-law may be SUbject to such fees as Council shall from time to time establish. 2. Pemits Issued for activities contemplated in this by-law may include conditions as to time, location. area, equipment, number of participants, type of activities, release. indemnliy end insurance coverage. 3. The issuance of a pemit pursuant to this by-law shall not relieve any person from the necessity of acquiring any and all other licence or permli required for such activity by any government or public authority. 4. No permli contemplated by this by-law shall be issued Ii same would result in the contravention of other applicable law. I 809 i. to desist from the activity constituting or contributing to such contravention; I I I I I I I I I I I I I I I I I I 810 I 37. Posting of 51gnage The Director Is authorized to post signage of permission, regulation, restriction, wamlng or prohibUlon with respect to uses of or activities In any park in accordance with the provision hereof. 38. Temporary Closure 1. The Director is authorized to close off for such temporary periods as the Director deems appropriate any park or part or parts thereof to relieve or prevent overcrowding or traffic congestion, or in the interests of public safety, or as may otherwise be authorized by Council. 2. The Municipality may, at any time when it is deemed advisable to do so, close to the public any park or any portion of any park, or any buiiding in any park, and may require the payment of a fee by any person desiring to enter any such park or building and no person shall enter any park or any portion of any park, or any building in any park, so closed, without first paying the fee for admission, to a person duly authorized by the Municipality for the collection of such fee. Nothing in this by-law prevents any Municipality of Clarington employee or servant from performing his duties as an employee or servant. 3. The Director is authorized to post signage of permission, regulation. restriciion, waming or prohibUion wnh respect to uses of or activities in any park in accordance with the provisions hereof. 39. Exclusions and Exemptions 1. This by-law shall not apply to: i. the drivers, operators or other personnel of ambulance. police or fire department vehicles, or the riders or attendants of police department horses, whiie engaged in the performance of their duties; Ii. employees or agents of the municipality whiie engaged In works or services undertaken for or on behalf of the municipality; or Iii. a park, property or building that Is now or hereafter under the jurisdiction of a board established by the Councilor by statute, the members of which are appointed by Council. 40. Enforcement 1. Any police officer, Municipal Law Enforcement Officer or employee of the municipality designated by the Director is authorized to inform any person of the provisions of this by-law and to request compliance therewith. 2. Any poiice officer, Municipal Law Enforcement Officer or employee of the municipality whose duties include the enforcement of this municipal by- law, is authOrized to order any person believed by such officer or employee to be contravening or who has contravened any provision of this by-law, ii. to remove from the park any animal or thing owned by or in the control of such person which the officer or employee believes is or was involved In such contravention; or ill. to leave the park. 3. Any police officer or Municipal Law Enforcement Officer may enforce the proviSions of this by-law. I I 4. Where any person contravenes any of the provisions of this by-law, or fails to comply with any order referred to in subsection (2) hereof, the permission and licence of such person to remain in the park is revoked. I 41. Penalties a. Any person contravening any of the provisions of this by-law, ether than clause 33(a) resuRing from the operation of a motor vehicle, is guilty of an offence and on conviclion is liable to a fine in such amount provided for by the Provincial Offences Act, RS.O. 1990. c.P.33. as may be amended from time to time. I I b. Any person contravening the provision contained in clause 33(a) of this by-law, resulting from the operation of a motor vehicle, is guilty of an offence under the Highway Traffic AcI, RS.O. 1990, c.H.8, and, pursuant to the provision thereof, on conviction is liable to a fine in such amount provided for by the Highway Traffic AcI. RS.O. 1990, c.H.8, as may be amended from time to time. I I c. The owner of a motor vehicle that is parked or left in contravention of section 28 of this by-law is guilty of an offence and on conviction is subject to the provisions of this section, unless at the time of the offence the motor vehicle was in the possession of another person without the owner's consent. I 42. Removal of Vehicles I A police officer or Municipal Law Enforcement Officer, upon discovery of any vehicle parked or standing in contravention of section 28 of this by-law may cause it to be moved or taken to end placed or stored In a suitable place and all costs and charges for removing, care and storage thereof, If any, are a lien upon the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, RS.O. 1990, c.R.25, as may be amended from time to time, or any successor acts thereto. I I That by-laws 91-20 and 92-125 be herebY repealed. I I BY-LAW read a first and second time this 12th day of June, 2006 BY-LAW read third time and finally passed the 12th day of June, 2006 John Mutton, Mayor I I I Patti L. Barrie, Municipal Clerk I I I 811 .. I " " .. I I I I I I I I I I I I I I I I I I ATTACHMENT NO.: 2 REPORT NO.: OPD-007-o6 ~ CORPORATIOR OF '1'BB 'NlIilI OF IiJllfCASfidl BY-LAJI 91- 20 Being a by-law to provide for the use regulation. protection and government of parks in the Town of Newcastle The Council of the Corporation of the Town of Newcastle enacts as follows. 1. In this By-Law. "park" means a property owned by the municipality or leased or licensed to the municipality. that is or hereafter _y be established, dedicated, Bet apart Dr made available for use as a public park. including any and. all buildings, structures, fac.11itiea, erections and improvements located in or on such property. for so long as the property is so established. dedicated. set apart or _de availablsJ .posted area- means an area where permissive, warning or prohibitory signs in respect of activities or uses that may be made of the park or property of the park in question are erected I "municipal law enforcement officer means a person appointed by the Council of the Town of Newcastle to enforce this by-law and other by- laws of the llURicipali ty. 2. No person shall in any park. a) "municipality" means the Corporation of the Town of Newcastle; "director" means the Director of Community Services; b) c) d) e) a) destroy, or cut, mark, break, dig, pull up, burn or in anyvay damage. injure. remove or deface. any tree. flower. flower bed. bush. shrub, plant, sod, grass _or other vegetation, 80il, sand, gravel or wood. any wading pool, monument, fountain, bridge, fence. wall gate. roadway. pav......nt. parking area. sidewalk or other facility, erection or improvement. (iii) any building or other structure. or any appurtenance thereof, or (i) (H) tv) any swing. slide. playground. apparatus, table, .eat, bench, sign, vase, or othar fixture. equipment or personal property of ornament or utility. (located in or on any park of a park) I . ./2 812 , . t, , " - 2 - b) leave or deposit in or on any park any ashes, gla88, plastic bottles, garbage or waste material of any kind whatsosver except in the receptacles provided for such purposes; owning, in control of, providing protection, to or nurturing an animal, allow that animal to run at largs in or on a park other than under control of IS. person and on a lead or rein no longer than two meters; Illlow any animal under his control to enter any buildinq, swiJlllninq pool, wadinq pool, fountain, stream, pond or water of any kind located in Dr on a park, provided that this paraqraph does not apply to any case in which the animal in question either is under the control of a person who has lost bis siqbt or is under the control of a person whose sight is so diminished that the person is significantly handicapped in making use of the park; c) d) e) allow any aniJllal under his control to defecllte in or on any park and should such occur shall promptly remove the excrement in Il hygienic manner frOll the pIlrk or deposit it in a trash receptacle located in Dr on the park! hunt, attempt to kill, kill, maim, molest, injure or harass any bird, animal Dr fish, provided that fish may be taken as allowad under applicable Provincial regulations! destroy, dSlllSge or disturb the next or den of any bird or animal any fish while spawning Dr disturb the stream bed while spawn are hatching! allow any animal under his control to threaten or annoy users of a pIlrk or any portion thereof! conduct himaelf in such manner as to be obnoxious or objectionable to other person(s) using the park, or use profane, indecent or abusive language while in or on park! swim, wade or bathe in the waters of any fountain, stream or pond that i. not a swilmoinq or wading pool! dress or undress in or on pIlrk except in Il plllce which is Il posted srell in which <iressing or undressing is permitted! being Il ....le person enter any portion of park reserved as a posted area for the exclusive use of female persons as washrOODB or change or bath houses; f) g) h) i) j) k) 1) m) being a female person enter Ilny portion of park reserved IlS Il posted area for the exclusive use of uale persons as washrooms or change or bath houses; . ./3 813 I I I I I I I I I I I I I I I I I I I I ',. I I I I I I I I I I I I I I I I I I - 3 - n) who is not an employee of the municipality or the Regional Municipality of Durham or under contract to the municipality to do repair maintenance or security work in or on a park, ride, or drive any horse, motor vehicle, trailer or bicycle except upon the roadway on the park which is a posted-area on which the operation of motor vehicles is permitted; park a motor vehicle, trailer or bicycle in any location other than posted area in which the parking of motor vehicles, trailers or bicycles, as the case may be, is permitted, park a motor vehicle, trsiler or bicycle on any location in a posted area of a park referred to in paragraph (0), between the hours of 1.00 a.m. and 6.00 a.m, on any daYl drive, park or walk upon newly seeded or sodded ground in a park or any portion of a park which is... postld area to which access to members of the public is prohibited on the ground that it is physically unfit for use by the public due to conditions caused by the weather or arising out of or related to park maintenance or construction or installation work on the park or portion thareof in questioDf ride or operate II skateboard, scooter or other vehicle which lacks brakes in a portion of a park other than a posted area in which such riding or operation is permitted. 0) p) q) r) s) possess, carry or fire a bow and arrow, crossbow or a sling sbot, posses., carry or fire a rifle, shot gun, air rifle or mechanical rifle of any kindl operate airplanes, vehicles or otber toys by remote control radio except in a posted. area in whicb such operation is penoittedl distribute or expose any kind of commercial circulation or advertisement or post, mail, attach, stencil.or otherwise fasten or erect any poster, sign, notice, placard or othezo circular, bill advertisement or paper to any tree, busb, shrub, fence, building or structure, t) u) v) w) engage in a game or activity using a bat, stick, ball or other projectile in a park or portion of a park other than in a posted area in wbich such g..... or activity is penoittedl play baseball, softball, football, soccer or cricket in a park or portion of a park except in a posted area in which such g.... is penoitted by a penoit issued by the directorl interfere with a game or activity conducted pursuant to apenoit blued by the director or be present on tho posted area reserved for sucb game wbUe that game is in progress if not a participant in that gamel x) y) ../4 814 . '" '~,. . z) - 4 - sell or keep for sale any goods, wares, merchandise or articles, souvenirs, novelties, tobacco, food, drink or refreshment of any kind~ aa) not having been issued a permit by the director to do so, perform for any reward any craft, skill, service or work or practice, carry aD, conduct or solicit for any trade, occupation, business in a park or in any portion of a park1 not having been issued a permit by the director to do so, light, make, or build a fire in a park except in a fireplace located in a posted area in which a fire is permitted to be lit, made or built by the person who has been issued a permit by the director to do 807 bb) cc) 3) enter into any game of chance, betting of any nature or kind whether for IIlOney or money's worth except where permitted by the Council of the Town of Newcastle by an amendment to this By-Law and all the applicable laws; not having been issued a permit to do so by the director, conduct a picnic for more than twenty-five persons; not having been issued a permit to do so by the director to make any film, videotape production or televislonbroadcast; not having been issued a permit to do so by the director, use a public address system, 10)ld speakers or hailers; smoke in any building or part thereof which is a posted area in which smoking is prohibited; perform repairs to or maintenance of a motor vehicle in a park or a portion of A.park; except in the circUIIstances referred to in paragraph 2 (w), throw or in any way propel any stone or other missile or projectile in such a manner as may cause injury or damage to or endanger any other person or property in a perk or to interfere with the use end enjoyment of the park by any other person; camp or erect or place a .tent or temporary abode of any kindl Any person who contravenes any provision of this By- Law is guilty of an offence and liable upon conviction therefor to a fine of not more than two thousand dollars. dd) eel ff) gg) hh) 11) jj) By-Law read a first time this 11th day of February 19.91 By-Law read a second time this:llt~ay of February 1991 By-Law read a third time and finally passed this 11th I I I I I I I I I I I I I I I I I I 815 I I I I TIlE CORPORATION OF TIlE TOWN OF NEWCASTLE BY-LAW 92-125 being a by-law to amend By-law 91-20, providing for the use, regulation, protection and government of park. in the Town of Newcaotle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 91-20 of the Corporation of the Town of Newcastle. I NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OP THE CORPORATION OP THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS. I 1. THAT By-law 91-20 is amended by. (a) adding at the end of Section 2(8) thereof the following. "except in an area permitted by a permit is.ued by the Director-1 and I I (b) Renumbering Section 3 thereof as section" and adding a new Section 3 a. follows. I "3. Notwithstanding the provisions of Section 2 of this by-law, the Director may issue a pe%'lllit to any person or organization to permit a specific park or a specific portion of a park to be used for any of the following activiti..s. I (a) the plantinq of trees, litter picking or land or facility improvement as ....y be perfoJ:lD8Cl by work partie. comprised of local community groupB, or members of service clubs or other registration; in the case of the lands on which the Bownanville Recr..ation Complex is located, the keeping of anJ.mals to be us..d or displayed in conjunction with a circus, carnival orfa1r perm1tted to be conducted within the building. ~ch compri.e the Ilowmanville Recreation Compl..x; the training of dogs and the riding of horses and ponies in a specific park or a epecific portion of a park; and the erection of a tent or temporary shelter which is otherwise permitted by law to be used in conjunction with an outdoor event approved by Council which has received the prior written approval of the Jledical Officer of Health of the Regional Municipality of Durham. . I (b) I I I (c) (d) I I I THAT this by-law shall come into force and take effect on the date of the passing thereof. By-law read a first and second time this 11th day of Kay 1992 By-law read a thirdt1me and finally passed this 11th day of May 1992 I I I .......... 816 I I I I I I I I I I I I I I I I I I I CI~mglOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 5, 2006 Resolution #: Report#: CSD-10-06 File#: By-law #: Subject: GRANT REQUEST - THE DRIFTWOOD THEATRE GROUP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-10-0B be received; 2. THAT Council consider the request for funding from The Driftwood Theatre Group, under the Municipal Grant Program, and 3. THAT the applicant be advised of Council's decisiOn. Submitted by: eph P. Caruana irector of Community Services Reviewed bY'~ anklin Wu f' Chief Administrative Officer JPC/sclwg CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-10-06 PAGE 2 1.0. BACKGROUND 1.1 At the Council meeting of May15, 2006, Council considered correspondence from Yvonne J. Williams, Director of Marketing of Driftwood Theatre Group, requesting financial support in the amount of $500.00 to assist with the group's performance in Bowmanville on August 3, 2006, as part of the Outdoor Summer Theatre tour production of Shakespeare. 2.0 COMMENTS 2.1 The Driftwood Theatre Group is a regionally-based incorporated non-profit organization which was founded in Durham in 1995. The group strives to provide accessible cultural programming to communities throughout the'province. 2.2 One of the major events of the Driftwood Theatre Group is the Outdoor Summer Theatre tour. This summer a production of Shakespeare will be delivered in 20 communities across the province, at various outdoor venues. 2.3 These productions are provided on a Pay What You Can admission fee structure to ensure the theatre is accessible to all. The municipal grant would be applied to Pay What You Can admission at the Bowmanville production to ensure accessibility for Clarington residents. 2.4 In 2004, the Driftwood Theatre Group received a $500.00 Municipal Grant to. assist with the production of A Midsummer Night's Dream at the Visual Arts Centre in Bowmanville. 3.0 FINANCIAL 3.1 The total funds allocated to the Municipal Grant Program in 2006 Operating Budget are $80,000.00. At the General Purpose and Administration Committee meeting of February 20, 2006, the Committee approved the 2006 Municipal Grant Report and allocated $64,000.00 in funding to support various Initiatives presented by local community groups. A further amount of $9,173.47 has subsequently been awarded to various community requests (attachment #1) leaving a balance of $6,826.53 in the 2006 Municipal Grant Account. Attachments: Attachment #1 - 2006 Municipal Grant Program - Funding Allocations 1002 I I I I I I I I I I I I I I I I I I I Attachment#1 to CSD-10-06 J 0 0 W Report Number Report Date Amount Balance Grant Funds Available as per Policy $80,000 Grants Awarded CSD-04-06 February 20, 2006 $64,000.00 $16,000 Clarin ton Green Gaels C-094-06 February 27, 2006 $673.47 $13,326.53 Rotary Club of Courtice GPA-206-06 May 8, 2006 $3,000.00 $12,326.53 COMRA Marine Rescue C-230-06 May 15, 2006 $4,000.00 $8,326.53 Mitchell Fraser Memorial Slo-Pitch GPA-261-06 May 23, 2006 $1,500.00 $6,826.53 J 0 0 W I :ClNhJgron I I I I I I I I I I I I I I I I REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 5, 2006 Report #: CLD-016-06 By-law #: File#: Subject: ANIMAL SERVICES QUARTERLY REPORT - JANUARY TO MARCH, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. THAT Report CLD-016-06 be received; and THAT a copy of Report CLD-016-06 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by: /P '. rie, AM.C.T. unicipal Clerk Reviewed by: F: n!in Wu, r Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-016-06 PAGE 2 BACKGROUND AND COMMENT Animal Services activities will be reported to Council on a quarterly basis. The attached table summarizes the activities and revenues pertaining to Animal Services for the months January to March 2006. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Ms. Liz White Animal Alliance of Canada Animal Advisory Committee 1102 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO.1 TO REPORT NO. ClD.16-2006 QUARTERLY REPORT 06 January to March 20 A. ACTIVITIES Year to Date 2006 Year to Date 2005 PICKED UP - WilDLIFE 14 8 I DOGS I CATS I DOGS CATS PICKED UP 35 26 37 18 BROUGHT IN 49 53 17 59 RETRIEVED BY OWNERS 47 0 30 5 SOLD TO RESIDENTS 32 49 17 49 SOLD TO RESEARCH 0 0 0 0 EUTHANISED 2 9 3 8 DEAD ON ARRIVAL 3 21 1 15 QUARANTINE 0 3 2 6 WRITTEN WARNINGS 52 52 OTR, POA, SUMMONS 6 10 CONVICTIONS 3 0 CALL-OUTS AFTER HOURS 5 12 OVER TIME HOURS 36 18 B. REVENUES DOGS & CATS RELEASED 270.00 30.00 135.00 90.00 LICENSES 4127.00 334.00 6707.00 634.00 SOLD TO RESEARCH 0 0 0 0 SOLD TO RESIDENTS 1950.00 2160.00 1275.00 2115.00 DOGS & CATS REDEEMED 2126.00 0 991.00 90.00 SUB TOTAL 8473.00 2524.00 9180.00 2929.00 RAP REVENUE OTAL REVENUE 75.00 11072.00 39.00 12076.00 Euthanized "Q 2 in total 1 sick, 1 dis silion 9 in total 4 sick, 3 in'ured, 2 feral 1103 1104 I I I I I I I I I I I I I I I I I I I Ms. Liz White Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee I , I I I I I I I I I I I I I I I I I REPORT . CORPORATE SERVICES DEPARTMENT Meeting: General Purpose and AdqIktJj"~Comnlitt.. Date: June 05.2006 Reeol~ By"'" t#: Report #: COO..()26..()6 File #: Subject; WOrJq)lace Safety & InsQ~~ .....WorkWell Health & Safety Audit Recommendations: It is respectfully recommended that the Ge~(p.urpose and Adrninistrallon Committee recommend to Council the following: ' 1. THAT Report COO-026-06 be r~Witlformation. 2. l'rnitthe CO$tQf printing 1 .ooo~~vement Plan ~ & Safety Manual binders at a cost ofapp .'.... ...... . ,$.1$,000 be chargedlou,.e .2006 Pritltins budget account #1()()"16,,"~ 88. '-by. ............. by. .~~ ne. Marano, H.B.SC..C................O...... t.I rniRkllO Wu Director of Corporate ~. "V' Chief Admini$trative Officer Attach. 1 - WorkWell Health andSafety~.Firiat Results Letter Attach. 2 - WorkWell Health and Safety~i~atIon MMlBTlgj CCL..:~~OFTHE ~AU1YOF CURINGTON 40 TEMPERANCE STREET. BOWMANVI~,~to l1C 3A6 i ~~F($o$)623-5506 ,-;-. 1201 REPORT NO.: COD.26-06 PAGE 2 1. BACKGROUND 1.1 In July 2005, the MunicipaUty was advised by the Workplace Safety & IhSurance Soard (WSIS) that the Municipality's number of claims and the ctaims CPSt we. higher than the industry average when compared to other municipalities in the province. Typically, this increased risk is reflective of a neE!d to.i!'llProve the health and safety practices within the workplace. eased on~statistiQS;. the Municipality of Clarington waS selected to undergo a Workwell Core Health and Safety Audit. 2.0 COMMENT 2.1 The purpose of the Workwell Core Health and Safety Audit wastQ ~u"'the Municipality as the employer; has developed the required h.1th1lnd~ty policies, educated all employees - both full and part-time - of ~ policies; and implemented the practices of health and safety in the workplaoeforemployees, contractors and visitors to the municipal facilities. 2.2 Participation in the Audit is mandatory. The audit process inelU~", introductory meeting with the Evaluator, evaluation of workp\aoe~ntation. observation of safety practices and proc8dures, inspection Of the variOl.ts selected worksites; and staffinterview. Onoetheinitial audit iSCC)Odtf9ted,a score of 75% is required to pass the audit. Ifthe employer does~".. the initial audit, a supplementary audit INOUId be conducted within Six morrths. . Failure to pass the supplementary audit would lead to a premiUlllteassessment of 10 to 75% of the current WS1S premium assessment. The ~ va1ueof this reassessment would be approximately $200,000.00 additioruilt f8e$ to. the Municipality of Clarington. 2.3 The audit consists of twelve Health and Safety elements which need<<Ho bf:t addressed by the Municipality. Corporate H&S Statement Responsibilities Posted Materials Standards and Procedures Committee Structure Education and Training First Aid Requirel1'lents Inspections Preventative Maintenance Injury/Incident Investigat.lom> Senior Management RoleS Early and Safe ReturntoWork 2.4 In order to prepare for the audit, Human Resources with thesuppGrt of the Chief Administrative Officer requested volunteers from various depa~ including Department Heads and Managers ak>>1gwith the Union Health &.$8fetV Committee Co-chair who generoU$ly donated their time and efforttc:rthe committee. The committee developed a program to addresstrntllbQVe elements; and, implemented the assistance of all municipal stai'f,aMsupet'Visory personnel to participate in the program. 1202 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '>';r~ . . :..,~." ;.",'. -;.;- REPORT NO.: COD-26-06 PAGE 3 .. ~: ' 2.5 On May 24 and 25/06; the WStB ,..-iW met with the Committee members to review the progress and conductu.ai." The Evaluator has prepared and submitted her report; advising that ..'~ of Clafingtonhas received the highest score she has ever awar._U.,Utle initial audit, sc:o.j,1g 100% in all applicable categories. Based on .tbI8.cere, there is no requirement to alnduct a supplementary audit. The Auditor_il.~8$ a matter ofintefest, that she had only one other firm. a small family Allllilll-' that achieved. passing score on the first audit. She conducts apptllldmprly 200 audits per year. On average the WStB in partnership with the Minl$try .t.tabour conducts lIIPProxlmately 3500 - 4000 audits per year in Ontario. 2.6 Following the successful compIetiolMjIf-' audit. The Workwell Audit Committee will continue to meet in order to ~._ program; and. with the aseistance of the Joint Health and Safety C~~to ensure implementation and education of the Health and Safety policies. 2.7 The Workwell audit was not an . . .~.the 2006 budget. The ~s contained in the Health & Safety .~werecreatedaa.con_nceme8$Ure for the WOrkwell audit. It is reCOtJliilialldtld that the material be printed externally for efficiency and so as not to ~ the in-house primers whloh were not designed for this type of productioJ.t..~.fecommended that the.:C08t of approximately $16,000 be chargecl*.~'Printing budget~ may result in an overexpenditure in 2GiW&___to accommOdtIt8 thi!tiH.llth & Safety element, . ):':'c;,', .,c','-',' ,";:';' -,:' 1:\HEAl TH & SAFElY\Work Well Program~... \'VOItWeIt ~ ;~" ",-.". 1203 A ITACHMENT #1 COD26-06 ws lB. Workplace Safety & Insurance Board" - CSPMT Commission de]a eok\tti~ . . pl'Ofessionnelle et de I'~ance contreles accidents du travail 200 From Street West Toronto Ontario MSV 3Jl 200. "'" lfOnt OueSl T""""-O.QN -;;;.~ MSV........ Telephone: t~Ml: May 26. 2006 1-800-663-6639 416-3#-3878 Bruce Taylor- Corporate Health and Safety Officer Gord Weir. Chief of FlI"e Department Workwell Committee of : Corporation of the Municipality of Clarington Arm No 22211IA . AcCount N9. 1(.23737 Wol'kwell Health andSafetv Audit Final Results Dear Mr. Taylor,Mr. Weir and WoI'kwell Committee. Thank you for spending time with me during the health O(ld safety audit perfOl't!'ledonMay24. ~ and May 25. 2006. I am pleased to both advise your firm has passed and share my findings with yqu in the form of this letter and audit report. The report is based on .tlme spent ln~wIth you and members of your staff. plus observations I made during the inspection of .~es. As explained. no points were awarded for progomsthat are not documented..... .n~ or were in cievelopment. The'scoring scheme gives ei1tIerMl points (I 00%1 or no~'l# all _I. Overall. your firm scored a total of 970 out of 0 possible 970 or 100%. Congratulations, this score indicates thata formolized health and safety progrQrl'IElxists.1 compliment you and yQUr staff on the pOsitive actions you have taken to heiPprevent Workplace injuries and illness. . Your ongoing chalienge is to keep up the gOod work. and bulldon the steps already taken to implement your health ond safely prOQl'am. To support youin ~~,J will monitor your performance for the next six months and follow up with YQU to prOVide O(lyaddltionol guidance you might need. Experience has shown that health and safely pays off, regardless of the size Ol'!1Cltureaf (2 business. The time, energy and re$Ources a firm devotes to the cievelopment.im~ and . improvement of a health and safety program OI'e. much less than the COS.ts ~edwith ac<::k:lent recovery. I hope thaffhis new health and safety initiative results In a conslSte1'lfdeC1'ec:lSe In risIc, accidents, and loss. I compliment you on your dedication and hours of hard work. Yours sincerely. -tm;- UssaBelnop Wol'kwell Evaluator, Central East . . . The WSIB S8Ilds 8 ropy ofamp/oyer CtlIr8SpOIIdenc aIlouIWOIIIwlY 8tldIIs/o". fJInIsI1yofl.elJoUr8llll-.HtJIIf.ft6/lfltyA..,.. (H$AJ;N Infonn8tion Is confId8nti8/. . We ,.It/ohelp!8dtlCe WOfIrpIaoe ~ 8IlII iI/nerMs. The M/nIIIIyofl.e/JoUrfl/lllliffl....t>I/I!II hf/tIiIfI !Tends. The HSA may contBcI amp/IJyeIs /0 offer Il8IViIlIlI /0 ~ WOfIrpIaoe '*Y. . . 1204 PrevenliOl'l~~ Branch AlTAcHMENT #1 COD26-06 -'-','- .",,";,/ ,"<0 '1' . -";\: --:',,; '~_;i,. '-'C,:,'-" 1206 The WSJ8", ccpyt)(~ carespondence ebouI.~.t Il...t!rJ)jJ" MIIrIIlry at L*Jur..,..,.......&llIIIr ~I~ GIe/JwI (HSAJ.M in/otn18IIOIIIUII(~dllnl/lll. Wtlhln. to help ~ lIQ~n~ t~ll~.1lr Tbe~dL*Jur""lIor;!rrf_to.. hlnt1 IIetidB.The H$4I111l'<lOItIIct~ toolret senio!lI/u ~J.I ~ t ',..... .~,- i.:;"- -.. n i in�.nwitry� �z i u rccrvR i ovu co-vo f.19 Roew 10 40 Y. -.10 , 2 Health and sa%tv Res ibiutin 2.1 The onployar has ss&Nlshed bWO and sandy .. respwrstWNpes andpw*wmmce aceoanbMMes: Lis a lansysrresPrnsm" 10 10 Y 10 2.fb marwWagcountswitims 10 10 Y 10 2.1c SuPw~M*POMWVB" 10 10 I Y 10 Lid Supervb w 10 10 I y 1 10 g 1. 10 10 y 10 2.11 tflorkaraeeora�hbSfWa 10 10 I y 10 21y SuppaedLatsaarMponsiWMffes 10 WA I X WA 2.11 SuppRad Labour wxow t W Ns 10 WA I X - N/A 2.1t comactoone.ponstmudes 10 10 1 y. . - 10 2.11 Conlraetw#ecwndbWn 10 10. y 10 22 Ift employer has dsa(prated sn kmVvftWA who has dre knowledge and esp.rfares to co ortllnale the wodrsfb.boom and sa w aeovides 220 The bRplal O►►w a;4 m bell~to b S Y Dnwe TsytorCorporatr a rvioss $ oao"Onsb the weld and sally activmn, wywkwe"cmwn w S people(Director 110eds,CA0.chief of Fhb.HR MMnaOers. p.. arwfllpkrrr Z2b The.=M rrxPsrNrwed aa�l lsWWA 10 Y 11h 1 2 orremplsw#slypoatadONVar avW*Ws at ft N ?1a lieoft and Safety Act andfor CamiN 5 6 y- 8 O' Leborrr 8 m " 3.1b S Y, 5 to oupm4m an go m an Im Ow0saw an m m m in MP"O" 8 FUmNo:222111A FirmNsme:CORPORATION OF THE MUNfCiP u O;C"RI.NG ON AccountNo: 1623737 Evoklodw t7alte M APAW E+ratgatton Nulnber..1 8 ar A 1813,711,00 3.1c VW *$H Wfoll n 5 $ Y 3.1d patsAM 94"Dab Shsob(MSOS) . . 5 : 5 Y e nevk w od uM.repl alwd g regardless of the requlnurmt of 3 years. 1. NfA Subcbnsea g X 3.1f Gmapedonal Hoeft"0 mar 5 5 Y 5 IML Ms In boa of bgkny atwak pmft 6 5 Y 1 5 rlb F1rs1llld 1191 5 - .N rgsrwy Sarvka and Nurnbrre b 5 Y 5 31j If poft 5 Y 5 3.tk Odw 5 5 Y Safety Talks.Now pokles,JHSC g reNNno inhumes.Safety Day.details. . EAPkdormation 4 Naito and So"Stalldsrds 8 P 4.1 fru h-whow~workwraVonmsnt ,tatatr4lr. . �u iI+MM 71F Y, sot a�asnodo6q a8 of Nw nquk+nsMS wislivill9oft an so kgh:rbk slandom fbrft ImptimaMStioP of the S.O.P. 4.1b 30 eaMrob and Co"Is am ln pWo for sachbordou late each ballad for lo PabM . and abp. This Is Wordtfbd in safe ops*ft mccoackwo- it is mf�alab..nis «.a outuno tiu contnii and kbn*am fhb' to ado uab. T*cen be Wall far an «aMsrra!'w4Njn tt aaw prowdur. - ain.ptaarm�rwnfbatr�aâ–ºy 0,00su8an was taken MOW also rmnombsr is aoidpbb.a Job hared antaysts for omy now job katction created and review It Mft tiff function. . ' N: WofltweN 5/3042006 Page 2 of 6 M rM%,nMr- l *4 1vMCrvl[r %.vvcovq.. FirfnNo:222111A FirmName:CORPORATION OF THE MUNICIPALITY OF CLARINGTON AccountNo: 1623737 Evaluation Date: SIM006 Evaluation Number.. I Base Assessment: $813,711.00 4.11c Develop and Implement safe operating procedures 30 30 Y Safe Operating Procedures have been 30 for every main activity rated as a major loss created for all of the main activities Potential - rated at 100 or higher on the Internal rating system. The advise of health and . safety assoclations,management.and -` employees was sought to ensure that all elements were covered and controlled. -. 42 f Ae employer Has developed and knpgmenM_ Am 4.2a � reporting 10 10 Y 10 4.2b Hazards reporting 10 10 Y 10 429 ' Emergelley Evacuation Pion 10 10 r 10 4.2d Emergency Egrd mwd 10 10 Y 10 4.2s Rs/uaal to work 10 10 Y 10 4Z lock4hut 10 1 10- Y 10 4.29 Confined spece 10 1 10 Y 10 4.2h Mat saint 1 10 Y 1 4.2 frocIM and equipment purshww WW*r m; 10 10 Y 10 asj Employes use of p meonal probatlw pWLMnw"* 10 10 Y 10 4.2k Mon-m d de work 10 10 Y- Chipper,and seasonal work was 10 - Me~In Oft procesdure. Although - these functions we preformed annually and could to considered routine,they have been identified and procedures are -: M place for the use,and maintainams. ..' 4 ... and Safety �d pin *a"4ef""stdfa "Wft* a y S Lte to w 1g d g S.2 WOOWawiobrf how amf Safety walfaiesWe ladandis fYnaft ing ; c 10 CP cayel� I" lin on 00 go M, via 1* 8 PirmNo: 222111A �tmNatnaS CG 71 T C t Acc o: 37 ` Evalgadott Liste:;SMlM O$, EnaWUM NttMW.4 . 9"0 AesessnwrW$813,TMQ0 t 4c Haetlnp of mombete nsmas and wort➢IocNiwo $ 5 Y S &2d S Meatlnpe S 5 Y ReoonanendMionatotM i0 19 Y 10 atitl .7 Tt»amipdoyary A°dtll and ba�lN�gpmgraia o.is 20 �b Y is oewpwowv.In 20 ralnlnq Needs Rsvltw . ardaa do oeparb mat,Ok*cW*are ndwpravbdeaarnilbeaey�ralniM! wth VMWrAlC pia and *tcwntmWlitlas aasipnrd. s.7b 10 t eglsppon 10 10 Y 6.te orkplacs Hwa'dow mawims kdamatlon sylam 10 10 Y. Every employee in the CorpoMion has 10 been trained,Inoludbq the school uce"So enww ever an sbays.wie�t b `' d-awanl sd sa a pay end* Ewtallae. Lit 0 â–ºw+ N 10 Is Y kis 0 0 #�# - O�aagon Y 10 4.1j Nraltltsnd IYrpsoNans, ; ^{ 0 1 � 0 Y " a n EgatpennttMaand ' 10 10 t 1� w• 10 10 10 t Y ? FMAWROG to 7d r /4ertkepWagorrs, W wkwou srmppg Page A of 8 41 1.IMOMMEN I #.& I V KCr'VR I ILUu Lo`vo - FirmNo:222111A FhmName:CORPOkATtON OF THE MUNICIPALLY OF CLARINGTON AccountNo:1623737 Evaluation Date:5/2412006 Evaluation Number 1 One Assessment: $813,711.00 7.1a. Avellabaly of.FMrt A14 Kits 5 5. Y. 5 T.tb Requited Components in the Find Aid Kite 5 5 y 5 7.1c Number of TrainedQualiasd First Aklm >5 5 Y. 5. 7.1d VIM aid anelWwt waw in ae immedists vidnity 5. 5 Y 5 of the First Aid KK , Ids First aid recorded 5 5 Y 6 7.tf First Aid Certificates Posted 5 5 Y 5 7.tp First Aid Kit kropeceon Record 5 5 Y sealed•with note that states^N pal is 5 . broken report to Facility Management^ htcapontted In Has tnpsdlone to check and ensure pal,If broken enure eat K . . is reinspected and stacked.resealed, The seal is broken.quarterly to ensure - that as components wo prolelt as per the Rea 1101. Mh end Mankage)Compliance 6 5 Y - 5 Mi Fkm AM t9oem Compliance 5 f I Y 5 7.1j Transportation to hospW dootethLoMice or 5 .: . 5 -Y. P*ncyMA—"#wtMsUPw~VM 5 worwShomisproV100010" travel wkh the krJund empiuyp M Ore ' fort cob or ft employe wo @a sent to +� medical attention M 4N ambulance.. Radial of twnbnant Is.Aardisd thralpb Ow ON and documeited. a Saf hie &A ,. bf'manea'ars and mowvbm of#WrsssWW work mes(i)Mdude f to isaaelarwd and sa11e1krM 10 10 Y 10 ' t�dlpli�an annetai MapecSeR. N V ar � ;der â–  m e.4b EnlWWoo contras andlor acdit obowvaftm S 6 Y Awing inspsedom CLARINGTON AccountNo: 1623737 se"Mont:5813,711,00 o:ev .apvwry .v .v . e.1e ]FOR*" 10 10 Y 10 6.2 MspllaNass oOM00 d by Oto Ja W—MMM and aWYrwd 10 7177 Y 1 10 ttAb atanderd 0 10 Y lie WoAwr and M*W~eonmm g 5 ,'-Y ibcsidly added thb component to the 5 tnsp mffww. They we wdtMn In over . and"an the inspoctkm sAset. This wHI be avaftble On the now pMd run on tiw impectloo shoat. ReeeMy nolsd on the shoats as 014 nMft 10 i.2d ihopsot�n n*wa sn w4rated by senior 10 10 Y 10 ' e2e Foftw up 10 10 Y 4.3 IJRMIKwpnw+w hwvw*"Q 10 b 2s to be InspNed 10 10 Y G. Fwt buak6 vans.cars. sp opera8one raed erar equipneM, ' swap eaukemnR ete- 5 e.2b A schodub Y 8.2o A stsndmW recmding form 10 _10 Y 10 9.9d jCwmctlw AWan 5 6 Y 6 J Wbrkwetl 5/3012006 Page 6 of$ AI IAI;MMtNI if21Uh (I GOU 25-06 FirmNo: 222111A FirmName:CORPORATION OF THE MUNICIPALITY OF CLARINGTON AccountNo: 1623737 The erliefty"MIft tidwyflMidanf/mneatgaaon Evaluation Date: 6/24/2006 Evaluation Number: 1 Base Assessment: $813,711.00 8.39 Foil"-up 5 5 : Y off Direction 5 9 Preventive Maintenance .19.1a Investigation orreviaw for lryuAsaMeWents 5 5 . 7byDe"partrnent 9.1 The empbyar hsa a preventive maintenance 10.1b imrestgarod•i 5 5 Y 5 10.1e Ihat Mdudes., 5 5 Y 5 9.1a 7 An inventory list Interviewing 5 5 Y 5 9.1b Standards to be met 5_ 5 5 Y y 5 5 9.1c A schedule 5 5 5 y Y - 5 9.1d A standard recording system Recommendations for corrective action 5 5 - Y Every Pike of required equiPtment is on 5 155 Recamrratdatlom are acted upon . . 5 `.5. Y - 5 a contract schedule with the 15.11 Reconwrandaboon are communicated 5 5 Y 5 1o.1J fMtficatcr remdrsrrwnb mamrfactor. Documents were provided 5 Y 5 it showing competent Person,schedules, 1171 team: standrad recording form provided by the bdWao a Maine and Q*'continuous . .: 20 ,20 Y. Plan M*~by senior manaeoment 20 improvement Plan outsourced company.. at eaeb 11.1b Ftsath and tSatety trade 20 20 Y 102V OW 214 0M6 we reviewed 20 tie Inspection byâ– qualified person 5 5 an a'rolling!meeft and communicated at a Y 5 9.tf Review of Program meetings and Posted for all employees 5 5 Y 5 on EACH Health and safety Board as an 10 n u Anomeltt Im Adore additional Posting. (I GOU 25-06 10.1 The erliefty"MIft tidwyflMidanf/mneatgaaon Includes.* .19.1a Investigation orreviaw for lryuAsaMeWents 5 5 . y 5. . 10.1b imrestgarod•i 5 5 Y 5 10.1e Asseen.;;dof the seers 5 5 Y 5 19.1d Interviewing 5, 5 Y 5 10.1e wsntilying contributing factors 5_ 5 Y 5 to.tf Report 5 5 y 5 We Recommendations for corrective action 5 5 y 5 155 Recamrratdatlom are acted upon . . 5 `.5. Y - 5 15.11 Reconwrandaboon are communicated 5 5 Y 5 1o.1J fMtficatcr remdrsrrwnb 5 5 Y 5 it 1171 team: -11.10 bdWao a Maine and Q*'continuous . .: 20 ,20 Y. Plan M*~by senior manaeoment 20 improvement Plan at eaeb 11.1b Ftsath and tSatety trade 20 20 Y 102V OW 214 0M6 we reviewed 20 an a'rolling!meeft and communicated at a meetings and Posted for all employees - '" N on EACH Health and safety Board as an additional Posting. M so M 6 sr�ar �aa�l 8 ,> � � � � r ynâ–º o: 1A N .C OF Atl C 6 A o: 73 Evaluation fiats:5!4#!4006 Evaluation Number. ! Base Assessmefrt: $813,711.00 11.4cRosDondstohtalth and safpgrewMnlp t4aorwmkar eve recommer dallons 10 .. 101, Y 10 10 11.1d Ished a program to regularly communk s 10 '.: 10 Y nobly talks and management meetings.: . boft and on"Information "Sat*Tips" Puti6eaiwn, Communications Shoals to employees.. by paydmk,' Der day annually W communicate an an*off*wiob sa". 10 11.es haaltir•nrd aatuy kda ad aapacts of the 10 10 Y beadon 10 +1.1f Reeerds health and aahty program ravNa s and 10 10 Y 5 11.19 Regularly encourages off ttwjob heath and ad* 5 6 Y acdvVJ@s for all workers IlAh Ilixaenuve mtrr pmaM psrfortrrs workulwd 0n . 10 10 Y - CAD annually and department hooch- : 10 !T #l+saalr jliayjr ar0ref ` 1 12 is and gaadnrant 5 Y 12.1d pnavbiorra la work 6 Y 5 t2.ta Re4niogradon of#w Worker t0 regular worn 5 5 Y S 1T.tf RepertktgrequlrerrtanbtoMrSiB : 5 5 �'�„� �8�1'°â€¢ raj � ,�r, 1906 p70 978 p,l i60fM ie��r i76-tco++s "� m.Rt â–  so eo (Mw*num t MX*) Workwe0 5!30/2006 Page 8,of 8 ,r I I I I I I I I I I I ,I I I I I I I I " ";":':')"".;' RE' POT ".:. " ",,_.' ..' '.. -'c' ,,:.: ' . "-' "'-'" -, ""'." ......R ..~ORATE $ERVICQOEPARTMlNT i:}:::~- .:i: .;' _ting: GENERAL PURPOSE ANIi)~ISTRATIONCOftlMllft:e o.te: Ju~ Sill, 2006 ReporU: COD-027..()6 Fie. . ". '~:' C'""," , Subject: PURCHASING BY-LAW Recomm~: ';',; ,-:t By-tew# " : ...... " It Is respeclfully reaxnmended that tha GeneI\\III'~ and Admlnls~ ~.iIttw recommend to Council the following: . .' . 1. THAT Report COD.o27-Oe be rec:&tllid;' ..... '.,.....; . ....' . 2. THAT Purchaslng By-law #940-129 be..,...~; and 3. THAT the attached By4aw mar1<8ct Scil1i811Ul' ''fA" be forwal'ded toCount.il for appt'OY8I. .-t6;:.(J.~.~_~ ,',<e,.' , ~. ..,' ,",,' :-.:;,:-:~:.: Submitted by: '. ," ... . .... )~ ':_Ha~.~~ DIrector of Corporate ServiQIl$. ~-tTf.~ ,::' -.',.:. ,'"'-"'.,' -1!'ChlefAdminls1raliYeOftlcer MM\LAB\km 1214 COD-027-06 ,p~:2 BACKGROUND AND COMMENT The existing Purchasing By-law was implemented 101994, wllhseveral minor cll8nOes belogmede since that time. For Information purposes a (XlITlplete copy of the existing by.Iaw is attacl1ed. m..Scbedultl "C". . 'c- ", ,"--' As the Municipality continues to grow, so too does the needforefficientand~~,.. With increaSing prices and demand for seMceS, the dollar limits for'~ 0. and tenders is hindering the performance of the various depal1menl$ wHhin the Municipality of cliuington, In addition, recent changee made to the Municlpel Ad requite thet the ~~Clarington .' update their purchasing by-law to meet various requirements stated In the ~ T he changes in the new by.Iaw In cIude . ; expa.. nded...defln iIionS.. addition. ....of. purpose. .........'.....jQ.B.lIfI....~..... . . '. .-. '.'. ," ........_,.,' .........'.,. objectivas, rejection of bId$,negotialion, changes to dollar ~. J)lOVision$ toI'~lQt~l'!9 Totten SlmsHubickl Agreement, summer reteS$ approvaJ,the lncIuSiQn of~;'A',.welIas various other minor changes. A list of the maJor dlanges is attached ll'ialQj1~"8'. A copy of all proposed amendments has been cIlt:uI8tedto anddiscuss9d Wllhall~ Heads. For the Information of Council. arecent survey of ares I'nImicIf)8fItie$ WIlh re8Jl8G1WhlrPtlreh8slng By-lew and their eStablished dollar IIm/l$ refleclS Inconsistency and rang&lJfrQm a'" of$Of9rthe issuance of a purchase 0IUer to a high of $5,000.00. The changes propll..d In tht.,~... . lie. :lplllft').of '," '-'," '.C,-"', ,'- ,', .,;.';... .. ," Clarington's by-lew reflect an increase from $300.00 to $750.00. Due to the number of changes required, It is recomInended that the 'exIstll'!9~B}"I8W#94- 129 be repealed and that the atlached By-law marked Schedule "A" be~1!I>~fI:!r approval. Schedule A Schedule B Schedule C .CORlll()RATIONOfTHE ~,.~~ 40 TEMPERANCE STREET, BOWMANvIUE. ONTAAIOL 1C3A&T(905)82s.33"'~_1. . 1215 I.... 1< I I I I I I I I I I I I I I I I I.. I I I I I I I I I I I I I I I I I I ,I ,:'-,/",",: ,,-. .llQheclul<l"'" . . -- '. THE CORPORATION OF THE MUNlCIP~OF~ON .. .. -.,-h...-......."._, BY WNU...."'..""""'"-.;~.. <. -LA .......... .._,_ .; .,,-.... : ..., .. .-.::::......:j -':: .... ",:.' being a .8}>oIaw'1ll provide for flUld11......(~ palk:ie8 and procedures applying lllthe ..~ nr_djM t1'P88 of Goods and/or Services by The ~ ~ It ., of the MunlcipaIllyofCl8ringlDn. end 1ll repealSJ.1jJ _"129. WHEREAS the purpose or tIUs 8}>oIaw ~~~'~'r,nlllllhorll}t and . .,. lllllClilldud purcll8Sing and dlspoaallrtu ullln 1'liI.....the needs of The CoIporaIIQn or the. MunicipeIity or CI8ril1iJ,1 ':l;'" The ~..uor, of the Municipalily or Cllll~~~heNby enacIlIlI8 follows: ">/':;." 1. DEFINITIONS --...~.:-- ~~ .".-.,....,.-,.:~--, ~., ~-.. - meens the proc&iI rorru r!il'#: Ga* andIor ServIces for use whether OIl a penYIllII8IIlOr ".IIIIfl1. OIlllY beiia. ~~ "" -"/.... - shaIl.mean the IlL ~d.pIlIIOII who ill aulhortlied to /IPlll')ri1 pun:hlI8e 1lIqU1I1l'1lfa'_tm1lBUOIl beh8If ',.. .... .. .. ,,' ,i\:<,:--:::'<-- or the Q),rAllcn <<lr,I\.onI1lIl11lD the 1lmllit~~~"'19 Uhorityfor the coat of the ftIqUinJd Goods andIor 811: .11 i I'" abown OIl the .-d mainllIined by the TI8lI8UI8r. ....lncludeaaPropoeal. a.CIuoIIdIonor llT..,. ...._,. "I-'.,."r - ill theoerson who 1lI8pClI1ife".~.1:klIIo n r:,n IIId -0 .,....,.,..:: IncIUdeslhBl ~'a hel!8,~. ~ll_i1i1 6,.8IKICBuc,a .nd...... ". BId Soil'. "~A-means.a request by-~rc;,'flfot 8ldlfor the proviIIon of Goods andIorSeMclll~~" be _ itlfclnnally .~VfIlbaIIy or In wrilinSJ ....,.,~>lllc.t of the Goods and/or SeMoas Is T~ TItou8aftlI'~;~ ~ or IlI88. proYided th8t whenB. the...... 1r r.c.t,lf". ()QQcIs .and/Or Selv1cBs. in..... ofTMnly Thou'.ll~"oo) DoIIara.the BId Solk.I~U)fllllllllbe made fQnnalIy..,~;r,)r!..Iht_Oh ~"l8t fOr 0l'Olation. Requeat for T ..'<.tl~ ~i..jrllt for .f'!gpoeaI. -,. j,,{;'}t:?'P;i"," t2t6 Page 2 Schec:luae-A- ChIef AdmIr........~ 0fIIa8r - II1II8I18IheChlMI,ll.'l*iIIlh..... 0IIicer of the Cotlloi"liurlappoin!ed by CouiK:lI. gg - m88ll8the Municipal CIer1I of lheColpo!alIon~~ by Councll. Committee - .II11I8I18 the G8neraI Purpoee 8Ilcl AdmInIlIll"'1 Commlltee of CouocI. Contract - means a binding ag/llEIIllllIlt beIw8en (v!IoOt mor& parties one of whom is the CorporatIon. Conaultinaand . Professional Ser-1r--- ~shaN-:mean .--. ~ provided by archlI8cI8, ~, .:fl. ~-.8IWilQI"""llaI consultants, 8U/V8)'DI'S, management 8Ilclftnancl8l' CllI'IIIIlIanb, brokers, sol COlllIUlIanCa, .l81li .... Ippull.... ~ .lartff surveyors, 8Ilclany other ~ ll/ld. .~. 8fII'\Ilolle not speclfically Olhlilwls8 noted. The 181m ... not Inckide any consulting and pn:JfaationaI Erkell rat.... ~ in AppendIx "A" attached III andfolmlng part of thlIBr-Iaw. C_..... Pun:haIna - II11I8I18. the 118>1' ~ of the CorporatIon wiII1 one or IlllQ pubIlc agM(lles, IdlOOI Ud, or hospital; in a BId &lIIdIio1lo oil. CorIloratIon - means The Corp.;ll,*", 'of lhe Municipality of CIarington. ~ - meansthfleclual price of kqllilllion.Induding" ~ custom duties 8Ilcl taxas other lh8nGooda 8Ilcl Servic8ltax and . . Federal Sales Taxunlesa 0lhe'-'1Ip 'lI\ed in lhe.~_ for TlIl1der. RlIquast for Proposal or R.qu..fforQuol8llon and fnlight charges, _tarm discounts. CouncII- meanslhe Council oftheeorpo..i. DaD,rtmenlB - means the.~*of thfl CotpoIdoiI whi<ih' c:ompriaa the FInanc:elTI'lllI.uIY, Clerk'..EInelgel.cy and File SeIvices. CornrJImIIy SeIvio8s, Op....lo".. Engi...mg Servicet. CotpoI'8te SeMces8llcl Plan.1Ing ~. ~'IIIli~. 1217 I :i I.. o _':~~ -.-.---.,,""' I I I I I I I I I I I I I I ,; -,. I I.. '~:-"'" .,'-~"" ,--~ ...... flit" I II , I I I I , I I I I I I I I I I ., ...1. I psge 3 . -- , , , '~l;l . ~ -;:l:I~' - means \he.ll88d ,~J!Il\~/~IIlVMQt,pf 1he ~ .tll . appell hd by Courn:I. or "'Jltt~JMlO ,tI:1IWi'I OR' II - '-i_,'>"_~.__:___>-_' ! ',', ': . rec:ordlllllilllalne4 by \he r~W ")II~J!.IJ, IfI'llllli. .....by \he t\!I8d of a DepaIlrnenlIo ~''',.I'D1Q !.lJIlJlllIId to ___ IN JllllMlI'8. 881 out in lhia ~:~.lIetIiIf of \he CorpQfalion. . .. ,A,' -,- -'-,'''{'~n-:-::'' . ~..... of ~ s.m... -mlIIll1il,,,,Jif 1m . ofCorpol\lJlll SeMces IIJlPllInIed by eoUrd. '. ..~ It ..L 'AdI - IliIo - mNIl& \he .fitl<<~')OIl!l1PI"'" b-.d &ylltem dilJIdIY _sible by 8I1Jll1UI!'f Clf;.':ijI11endlor SeMces iml8pecIjve of lheir lwalbl thal ~l<""I.do.l IlIlnd tIilBid Soli' .Illioos. " ,; E-- "-18 a IiluelIon or llIa.;ltW) Hllhn IInp.lldlllf , sllualIon I'Illun1lnsd by II head of II 0"" li,L""O' II tlnigrllled 0ftIclII of II 00lIpM.1EWIl tIil be one "".1i!II1I1 ,"~l"" or .- - ',' " . ~ of Gooda and/or SaMcelI it rJhl1~ .1'......... eariauI ", ",' , deIIlye.or dIlIIIIlga tIil a lNiaic ..... .. III 1.11 i: I Of.... . ' belIlc..... pfc IIded byJha CorpG,tIIliO.1.'.",' " ; ~i,r~~~;-_~., 'c A-r.~ ........... -.mNIl&qc R, ""...ar eupplll. __properly. CIlII8lruc;lIon Il'l\Ill.;:~.: .~. ......... inIllllo0G6, _.,jlII.,aa boot...alll. GllI"~ iii 1'.>,411"'*,,111- llIId , . '- -, ,- . .... COIllIacla. Tha term does IIIll ,JW'I1If, f'. I'1g llIId ::0' -_.,-:,'" PIA uIOO8\ServlcIls. and\he goc:ld&...~~ J, Illll l' ill) I' 1"-': 'AM tIillhls ey.l8w. II also does not tnrrji.,.l1m ,JIlOVIdId "ow::,':><":'.' pIIISU8Ilt tIillhe TSH Ag-u ,........_...~I Tfill OK to lhia ey.w. ' ':'-''!:~~,;)--~,-; , "'......- ....- mNIl& a BId madeby a ffl,..m f 11'1 orl..ocal UnIon or,l\$rOPllon 8lIlhofIz8d by \he CllIIl+.i!!,.~ 1 ~J .,;Qlbr1011llllle a BId. 8UbmIlled in ~.......... 10 a "~J.lmm'i. WhaI8 lhe " . ~,,-, - --- pnMaIon'd Goods and/or ServicIIIs .. t1a"J\Ill ~*'1 by the, 8I1'\PIO'Ieea of.. COlf><ll....1n ~<.ln~.u..!IJ *" I 1lIIIiIlr pIOCIUI'8IIl8l1 opJIOItunllIaa. /'-- ,,'>~?';,-,,- Il~ .. T' Ii!! 81~~-.. - __ '" 1~1~~;~ I!l' given 10 ;d~ IJl iWAIYe ,Blddem4n a BId ~. ',"-'C'__'<' 1218 .r Page 4 SJflL"-A", L^"'1"1 Bid -llhaIl1lIIl8n a B1d8\lb.l1ltlied....8IdWwhO~ IU. business wilhin the.MunkliplllIIyofClarirrglDn andWhlcltBldIa In accordilnce wtlh au appIiclItlIe 1IIO'IIntW..... al'ld PV.....".. regulatlons of Local Boards. and By.IewIj of the CoIi'Oo.... L~ Boards -means any board.CllII1ITIIsIIon. ~""".Ilodyor JocaIiluthoriIy -~led orexercl8lrlg any~or 8!l\hOlIIyunder any ~neral or specilil Act wtlh NIIp8clttb ..Of...... or PUfllOS8s of a h'IIInk:lpa/IIy. Number - won:I$ ,impartIncJ. lhe, ~ '1lUIYlbf!r lnducIe men Penlons, parties or things.of the 88I'/l8ld1ld _ one. and the reverse. A word k....p..M8d in lhe ~ IlUIYlbf!rhaa Iii COI'I'8SpOI\din meeulng when U84Id In the Pw'8I. PenIon - Il'llllIIlII an Indillidulll. 11._ Do' ~ JR. lInn,pInne.... corporation, bUst, OIgIInlzallon, lrUate&or-lfIlIilt;and", hainl. . !IXlIQIJtors, adn'iInlaIrillD tuCCl II OlUnd 11,lgnl.- P~I""""'~- -meenaa puIlIt-.OfGoodeendforS.-. ~ by IIn eIeCt8d ofliclaI.1In IIppOildlodollJcilll ClI'by"",oII1II" . . employee of the CoJpo.coIkln, which . not I8q1,1Qdfor lheJlllll)Cleef of the CoIponIIlon but is for the beneftliInd... (if.. Pereon , requesting the 1lUfllhasl!. PnNIU8IIfIcaIIan -means a "PIOI*Me. lIlIhei'IIbv . ~ BIddar satisIie8 \tie CorIiOfl~.,.,..he(lt..... ~of suppiymg the GolxIsandlor~In...n_.ciDndlllj)nof being IiiUowIId to. 1lIbmIt. Tandat OI'~. P.~k..lonaIand .ConaU"'Ser.r'~I. -Indudes-:..'::.... provided by: lIIdlII8cls. ~. lIIIdfw .~ .enct"",oIhIlr COIlIUIllng and pld"JlionaI seMceI.RII~OIIbehaltOf lhe Corpo.61iun. . ~ - means an off8r.tom a8idder1D ......... ~.... SenIIces. lK~ephtilCe of which may lI8t1ibjactto. fuIt1ar ~I. Ilia the IllSpOI1II8submltted 10.. P"q!..for.f!!opowl. .--.,~i::-'_'_,.-: ;~:-A~ I J"i i."'_ <', I I I I f I I I I I I I I " a' I 1219 I, I I I I I I I I I I I I I I I I I I , Page 5 ScheduIe-A,- P\,In:~ Qrder - means 8 wrllIen ~ .A~ Gooda and/or Services. or 8 written aooeplanC8.OI..' ~~j _; 1s8ued.oo forms prescribed by the Purchasing Manwr.., Purch-- Card - means 8 credit CIIId,.ImIW*the ~ 0IljciaI oflh!t Corporate Services~..~ndliao(l,.WilIlthe Pwdlasln!l Card PoIlcytoPurchaae ~...~ p~~. M--W - means lh!t~I~IIiIIlJU8I'" of the ~ or the DinIdpr of Corporala,..ill.',...orh\8"~ ~ byCouncll. Purch..". p~ .,.... -..'1lf!"the ...~ PI'QCllduI\lfI Menusl inqudad In the CQl,.,;,l.~Deperb'nent ~. MlIflIIIlI outlining all daly...~. ~..K IIIkll8d to the . Procurement of'goods and seMce8. . ,.. ~"j~- meens an offer. fmm . BI~~.IttIJl\lGaodt .lIIllfIQr Servlces to or to buy them fmm the Coql"lnrn"JIt.~~ed_or t;:ost. A Quota!ion may be made in AlIHl9.-'. R8queIt fer . QUotation, or otheIwi8e. ~.of RIC,p.d and Oaened--l~r.~;.!"~.. lhewrtteen reootd maintained by lh!t Clerk on Wllletl..~ I. If' 1e..eCltved 8nd opened' in ~ to a Request for T....,.,.Oerk reootds the _ oftheBidder$ and lh!t 8/I'IOllIB~("'-' n. I80llId iI' . elgned bytheClerkora.ckl8ignate8lll!~~,.1l.1l' ......ora . d..ig.laill. ;....- ~Btd - 81iall mean 8 BId . 11( f..w .~..'''i. 9Idder who' opeta1e8 a busIna8s WilIlin the RegIonaIa,.llll'Jlm,llIror Otlmam. . . R8aUBlt . .PrOaoaaJ - Is a form of. ~$a11If n~. wI18hIby the CoqlO!lII!ion ~ a ceIIaIn IndivIduaI(l);pIi...........t~...UIIII , eupplillrto ," '. . .....:.:. ..... .............. . . submit PtqlC.als WilIl respect to a ~ 1l!lll*IlI. <<the tuP\llY of 'Goods andIor ServIclls, which the. .""'J 11Jg Manager In oonsuIIatIon wtth the Designated 0IIiIlIlI_ the ieqL ulillg 0epa/tI'1I!I1l deems to be approp".~].Jl'1o"~......... of any Blda ~ fmm the Request for PIoQJ, 'F~" ...ident on l1OIl1lriCe.faGlor8 whIdl may IllqUlntr ]..,ft]I.~"...J._ . .. a Bidder and the OoIpo1a11on before 8 Contract iI.l(~~J Ii I n 1lMIm. 1220 Page S ScheduI~ -A- Reauest for Quotation - 1$ a form of Bid Sollcilalion whereby the C()rpo. ..Iiun requaata Cost Quotat!oII& Wilh. f8lIpeet to . perliaJlar project or the AcciulsWon of pertlcularGoods andlot Servloee. In the ~ of a Bid SolIcitatiOn for the proyIsbn of Goods and/or SeIvlces with an estimatad Cost of Twenty Thousand ($2O,OOO.oo) Dollars or less, the Bid Solicitation may be Informal and made vertlaIIy or In writing. In the ~ of a Bid SolIcitatiOn forlhe pn:MsI(ln of Good. and/or SeIvices with an estimatad Cost. In _ofi-my Tl1ou!Iand ($20,000,00) Dollars, lhe Bid SCll~ shall be fonnaI and made In writing. Reauest for Tender - Is a form of Bid SCllIcll8llon wl)ereby the Corporation publishes lhe spaclfii:atior:l, temIB, conclitioO. and any and aY detaOs c:oncemlng the proposed ConlIact.and ~ for, or Inviles prospeclive Bidders to submit S8lIIed 8ida In accordanc& with detailad PUbli8hed procedures. Resaonslve and Resaonslble Bidder - Is a Person I1J8PIlIldIng to a Bid Solicitation who complies with .. plOVIi/ons by being responsive to the specifications, and lhe eonlr8\:lUaI tan'ns and conditions that 819 provided to hIm,andwho can reBBo,1aI:lIy be e><pecled to provide satisfaCtory performance of lhe pICp08ed Contract ba6ed on his repulatlon, ._I<JIlOOB8, performallce on prevtous con1racls, and proof of sufIlc:lancyof flnanclaI and olhar resources. SenIor BlMlI" - shall mean the Senior 8u)<er of 1he CoIporatioo appointad by CouncI. Tander - means an offer received from a.Bidder of Goode 8ndIor Services' In response to a Requ.tfor T8I1dar, lhe aooep4aIlC8 of which wiD result in the formatioh of. binding ConIrac:t bet...an the Corporation and lhe Person submltting lheT8nder. T-urer - means the OirElctor of Finanoeo'Tl1IlIlIIftr appointed by CouncIl. TSH AGreement - means lhe aglMl'l1Bl'lt beb'.I8en the CorporaIIon and Totten Sims Hublcld f'''''''''') 1 (1991) UmiIed dated Septembat 1.1993. 122.1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Page 7 Sc:hedu&e"-A- 2. 2.1 ~"n~ , ' ~- WoRtaimparting the male or r.t.. ~, ,.IIT include olItIIr gellde... irlcII.d1sJ lite neutral gender. whe.Ilt_~lll#> l eo ImpIIeL 2.2 N~r - WOlds imparting the 8iIV_1I' 1.11 ,lnClUde I1'IClflI PersoII8, par11e8 or lhiIlga of the __~ "lid,," _. IlIld lhe _. A WOld Inlelpreled ,In the.ffJl, rim!' ,'--" hu e CXIIfflSIlOI1dIln8IlIling when US8CI kt.......... ., ,3. p~ QQALS AND OBJECTIVES 3.01 The purpoee, goals and objecIlVlluf....,.. and of e&c:I1 'oflhe methods of pIllCUIeI1tIlI1.... ,'I ~,_ 8) To encourage oompetIllon among ~~,- l;;' II)' To mlllCimltlU8Yingl1 for IlIlcpaytIIrI; , c) To :pIOClII8- iha requInld quAIIIIty _.. ,"",d;Gceda anctIer SarvIces In lite most e\IIIlient ......,.fft ClfJ8 !nlllV* poeelblelnthe~; " '. d) T08l18UNlfailMAamonge~.If" ,;.,- ' e) To _ opallnaw, IICCOUIlllIbIIt __I~."nc:.y willie ",~.g the financial bestlnlel.... ar:_0tl<_....1. 4. CQUtjClLRECESS PRO(tEDt.JRiS ,,'_:_ S;';'?:~f>;,'d:-;> Where' 8 ,l1laIIerwhlch 'AOU1d heVII n"(<~')lP8Ubll_rflD Co!.\l.K1lI'..~ ID lhilI Ily.law. ~JL4, ,1:1 " ."dullngllll)' af CoIIncI'uecmee. the Chlef Admll.ll'll',fif. r. theT'n ..... ,the otector of ,CcNporate SeMceI ""'1li0~<)" .", . or .. o.'Ip\lIdClfficlllls for the ,1Il11Jl.lllfll "l,'ll~i.llil'Al'-lllnthe llbeenoe of the ab9ve 8heI be ~~4~iClllJl. ",0f8 which 818 the I'8lIUIt of 8 Requeet for Tender. ..it.~~llll~lded Bid I8medebylhe~ ReeponsMtIllld ~)t\~ll..~ ~,.;onor 188 Propo&eI kt reaponae to 8 R.qll"';ifllf!Jll',~ll" Wh8r&the fIlCOI11II\eIld' Propoeef '18 that of ,lhe'r~l,'~r;'" '.-lng proponent. pIov/ded that \he price ....,..]fl.ltcl_~ budget llllclllalIon.1IIld at lll8lIt two afll\ilt}.,....llfIjslala, _ ofWhorn_ ~lhe Chlef Adrr..."~..~~JrOl'llI$rf 1'lIt_ have lIUIIMPMI,the 8W8RI. Thep\;_~L T '!r 'Jf r.1\JlilllllftlllOll .. , sudl awanl8 fGIIo\'r'.:1g the ~IIK".$>MJ;~ emntinO. BOOllllS poeaible of" CommItI8e ....m Jlll,lllfClfo1he_ ,--.....- 1n~.1IIld.1I!en to Councl. ,"t; 1222 , Sc:heduIe "A- I I~l I I I I I I I I I I I I I I I I 1 2231' Page 8 Any exception to \he above provisions of lhl8 palllgraph.18qUirlIs \he prior speclficwrltten apJlIOY8I of \he TreelUllll". 5. P/3E-OUALIFICATION PROCESS SUbject to conInIry direction by Councll, whele III !he opIni(ln of !he Purchasing M8IIlIger, PI8qUlI/lficaIlo Is 18QUlnJd, \he Contract. If awanlad at all, must be awanladto the ~ ReIpone/IIe and Responsible Bidder whohaa been pI""qUIlIIfie pu/\llI8IIt to thfs By. law. 6. PURCHASING CARDS Purchasing Cards may be used for all purc/l1l88s lese !hen $500.00 or where \he. Goods and/or Services .~ . not fall under !he requiraments of 1heBy-/aw. Purchasing Cards _ I8Iued on an as ~ basis upon apP/llV8I of !he Purcheeing Managllrand \he . DiIvctor of Corporate Sarvices and 1Il1he reqlRIlII oflhe .Oepa/tm8nt Head. ThePun:haelng Manager Is RlSpOI1SibIe fclr !he progIlII11 outlined in the CorJlolatlon's PuIl:IIlI8Ing CIIRI PclIilly..a .8jlpIOVed by Council. 7. IN-HOUSE BIDS In House Bids maybe used for Ihe prclCllf8IlIentofGoode and/or SeIVioes in clrcumatanoes whele\he Chl8fAQI,41ihllldlive 0fIiclIr considers ~ approprlBte to do. so. The Carpouili..." .. not cOIIsld8l any comparison done by management oflhe Co."",.. for CO$t analysis purposes ofintemal and eloIf&,na1 ~tobeanfn.house Bid. 6. BY-LAW REVIEW The Purchasing M8n!Iger in CllIl8Il/IIliia wlIh appIOj)o ilde staIf of \he Corporation shall conduct a detailed I'ItWlw of !he.PuId1asing By;4aW on en as I"llqUOd balls, but not later lh8n live (5) yelII8 following !he passing by Councll of the current B~. TIle Purchaslng .Managllr shall recommend any revisions to Council for ~ 9. REJECTION OF BIDS In a Request for PIoposat, RequestforQ..~ 1 1m and ~for Tender, Ihe Corporation shall ~ Ihe IIQht to .... a BId from any Bidder based on Ihe foIov,ftng CCII'lSIdenIIkI: .. a Bidder or a 8Ubcot lb...... of. Bldderhaa an outislandIog I I I I I I J I I I I I I I I I I I I Page.9 $C:beduIlI 'A' -;- :... ' , ~ .- IeglII acIloo against the COI~.or_'Qo.~1 ha . an <lIIl8IIIndlng legal acIIDnllt t~;8Idderor a .. _', ".: ," -; .... -"'-~':':'..';F-":':<"."'<:J.'.. ------atthe"'.....-- . ~..~.-..--.....~. ..<.;'--":-.:":'-:'0" .." . a Bldderowesll1ORey includlng. __lIltlli JIIJOIdllll"lll ..: .......'...... .... -.,::-,':,':<; .. PR!I*tY taxes owed to the CGlpt.lf. (~lf . . a Bidder Ie not In compIiancnllb III';~ JII:ll1l"CvlllOl- Policies and b.....- ............... PI . -J ........................... T"""..-.... .' -..,.,.... "-',':-- 10. ~TII1T10!6 10.01 ....IJ.~ 10 SkI SoIicilaliQn -In p'rr~IIf._.6oIL" ..".. P\IIdIII8& by l'lflgOIlrion. except a,_.. In pI8VIded In a Requeat fOr Tender. Request ~,II ; ~l.., Request for Quolatlon in which c:aee in 1('00 1\,. ',' 7 Jhe A.quest for Tender. Request fOr PropoIaI 01 ~r.".,fcir alL! ti..n may be uncIertakan by the eo.~""_1Ila ~ 01 the DI~ Official at the '"lCI'1 "JliJ' tm1111l and the PIinltIlIlingManager. anyollher 1i r./J....~...!IPPlY: (al when. clue 10 me_ COIlCIilIoM. Q( J~,,I$"I'" tell _in II10rt III!PPIY; (bJ whIinI the _ at 8IlppIy 01 QI_ ....,.. ...... - relIirlct8!1 Io.the llldent \hat 11I1" II ~_ -.llti... priaa llOrl~l. and conaldandlon oI111Jf11J1i:' ~1111e ~~ilUa to any of the following: (l) the.purI:/IMe 1t1vIlI\o!W'-'..!ll!.IITl1lndior~ fOr which lhenIillflO,irJ!lr~~. "'~.or con.plllilive prOduct; " . (I) lh$pun:ha8e 1rwlMe.4ilon.I.~18IIt part for which lhenIle.flD II A n ili!ft. (lII) the.pt.l\'llhlI8e ~ .__........endI<< seMoe for which compalIbIII'J~.]r... pnduct ill the cMlnldlng c:onsidandilln: '. (Iv)' the purI:/IMe inwIYMGcIliItlI .... ......~ only ill acconlanca with 8Ialldal., ~:. r (by CouncIl which .. .. -",-.,",'-, ,:""'. -.. .. not iHAA.,o..o\iad.lftthlll._rtm(.. (v) in other.... .. m ~ l~t 1It1' bj<:ouncll: ,._-,..,c..",..,.,c.-,., ,'.',c........,'.-..'.",.'. (c) wllenl the Bid, Qlj. 41 '111I1 Of'"""'J )1'.... .. IawaIIt ReepoIl8MI and RaIponeIbIe rlll.r r j I!m" .1....... a ,. ,. . ~;...-,., 1224 -'I .~.A" Ii I I I I I I I I I I I I I I I... I I 12251 Page 10 Request for Tender..~fQr~or.R",,_ for. Quot&tionlllbatanli&lly exc:e&d8l1l1tColp or..on', i. U , 411.d COllt of the ~ lII1lIIor ServIces; (d) when no Bid; Quolstion or P!opoeeIfrom . ReIpoIl8ive &nit Reeponeillle Bidder receivedlhroug!t .R8quel!I for Tander. Request for PropoelII., or Request for Ouol&llon 1s_.iVed. and illslmpradk:allll iss!Ie. fudI!er R1IquWf forTendtr. Request for QuotalIons or Request for F'Iopo8aI; (e) whenlhe exlen8ionor I8instata"'81l1 of en exI8llIlQConlract would pI'Ove most caal ~ or berMlficiIlI III tile Corporation; (f) when the 1811118 and 0llI'Idlliana .ofll F'mpoe$l provide for negotiation wilh lhe slllcIed pIqIOI18IJl of ally rni:lOrd18l1gee to.the P/!lpc)eeI received; or (g) conaulling~rer.m.dtoInPllFllCl!lIph 15.15(8). 1().02 ~ PrnuitWt for In T~Dagllm_ -/nthe case . of a Request for Tender for. coneINCIIon proJec:t, negotiations . ehaIl be. CClIldI.Id&d ..i\.. ~ . wIlh the C.C.D.C..Document 23 puIlIlllhedby lhe.. C8n&dIan ConstIucIlon A8eocI8llon where "1I11y I8qlIftd by lhe provlsione of. RBqUllIl for Tendw. 11. PURCHASE BY NE~TION When any oflh8 .0llI'Idlliana1n aeclIon 10.01(.) to (g) apply, lhe PurchaB/ng Mansgerrnay,in CDnIl"'-llonwllh On!", ..d 0IIlcIaI of the O$p&rtrnenI WllIch r1lq\le&IlI the Aoqu!I!liOO.1\8llC Int, inIIha. lIllIend or ...... a Conlr&cl'forlhe ~of GaQde lI!\d(or Services. In the ll!V8I1llhal1he Cost Of IIUdlCc:lnltllct....1IIon or relnstatemant !IllC88ds SevenIy-Flve Ttlaueand($75,(lOO.00) tlolIln. the PurchaB/ng Manager in c:onsulIaIIail wIlh lhe InItiIlIIl 'II 0 111go~ 0fIiciaI. shaD Jirepare. aRlpOll &nit ~. to 111 appropriate Illeeting of COhlll.m- and ColIld for IIppJOY8I beJQni a Contract Islllllde wIlh the GorPllIatlon.. 12. PURCHASE REOQI8ITI~ 12.01 ElICh DeeIgnaled 0lIiclaI of .~.... ....the Pun:haeing . Manager · w!tIMn"" In lhe foml of III "eIecIronlc: purchase NqUisillon" for lhe ...........118111 such DeeIgn&Ied 0fIiciaI'8 Oapertmant 'b ..' Good&'. . 8/ldIOr. Services. The..u11lllCe of lhe .&Ib;.\ of1undt In IIle 1 I I I I I I I I I I I I I I I I I I 'jo',.":.->., '-'.{~ Page 11 Sc:hedtAe -Aw approved budgetalld the ~tt~ accounllngchal'ge. number 8IJaII 1lI.. .......ji...~'" lIl'lI!rof the -.. .. .. -',' ..'..-....'..',..',.,..'.,......... Dealgneteci ()ffjcUI of the~.. I L}.lJll Wbk.M_ IeqUeIIted the Ai:quisIIion of the {ll Igi!ll)OO t')#> ~in queetIon. 12.02 All eIecIn:lnIc purchase ~"I 1!1~..... ADo belu' .. -\'<~'-':";,,::;.'":-,-- "-" .. an AuIIlorIad Signatur8 CClI1formifttto.. .lkillb. Ofthelignlng authorily for the Cost of the ~.'J;lIICI..uotSeMcel. 13. ~~FQRPROn1JCT~. . I\eql Ml$l8onbehlllf of the CO/poJ I'IIlioI n m..,'IMI' n.'lt16 by p &l11I1I.eel .... .. '." ',.,...,....,...._,.-.,..-....". ,-,' -". 0IIlcIaII for produeI and technical infoj.. it", 11)11 ~D~ and prkla lilIIis for <,;oods and/or Services. E8Ch D ,~H" JI~QClfofllwll provlcte the Purt:heslng Manager wtIh such .... ,II/ill. 11', r oil delak and InformalIon I1IIaling to the prtlCUtIlIll8Ii.a(~ ~ J. ~ 8er: 'n ~. indudlng the COIpo!atk..1'lIllPPRM1d ~4 ~""'ll. The Pur\ll' 11110 Manager IIhaII ot!laln .. film and/or T II . U JI .-'pnMded by Bldcle18. ,14. ' 1'\ICIat'\Q"/ at:~ The diIIpaIal of IIUIpIUII or I'lIlIundenl __..,m."-.. of the ..,>."",.,....'..'-.,.'.',,,i.....,..< .. CoIpo.'8lIon shall be the lUpOOIIlbIIty .".tl!IlI mr'iT. MIneaer I.IIlIeIIII aIherwlIa dlrec;ted by CounoI. ~t .R..,... crllndllr )'lllll', the, IllIIId or DllIIignated OIIIcIIldf:J1I,'" .~ ....' PIOIIIde the Pun:MIIlng MlII1lIlJIIl' wilt t Ht; 1 ..1t'1I .. of ,eUrPIUJI or I'lIlIundenl goods and _.in". ~ ' t;I ..Men n... lIIl1\1l1lo1l:ad to .-.nnine the &ppn:lpo1.,Tlll:ld of....... of eurpIuJI or redundant goods 8Ild Tll." In ltle pertIcuIJIr , ~. Wllhout, limIIing ltle 111 y, ~f ,0( the fonIgoing, appIOpI- nllllhodlo of ~ Ih8t .., ...~ - fl .... by... PurchIIeIng Manager Include bul_ not........... "II I .. for Tender. ReQulIIIt for Proposal. lIUCllioI!> '../1'" _"'r to a DIIpJIrtment. Loc:III BoIInl. other ITIIIIlInlJ r~or.~itt.orby"" to !he Corpor.a...I.1II8lf by II8IIled BId. ~~flt 'ow __naif In .. diJIcnlIkl" may flllI\odk,dIIy ..hu'.1 .... _. U'd or I8lIundMt goods and l'111 B Ia 10 .. 0eplIItmenla . ~ . .... 8clIIIIIII wheIe .. ...._,_...,....-:. _,:0>---,. \IJlIlItlIIIIII 15. ~~S . ..)/ . 15.01 I ~1"lJI....1CIl ~ If In lhe d..~ !(,:~t.,Pw'~ .i'V.. 1226 .:;';. Page 12 Sc:heduIe -A* Manager, a cornpelIIIw marll8t "'and tWo or mDnlBlda are receiY8d. which lire idenlicIII In. COel. provided queIIly, service and delively tfmns. _ lIltnIar. than pI10rity of acceptance shan be first to al.oclll8ld, If any, anchllcond to a RagionaI Bid, If any. In l1li oIher C8MS, lhe lowe8l Bid subn1lUed by the RIl$pOrl$I\Ie lIIld ReIpon8IIlIIl Sidd<<lIIlaI be accapl8d. The Provit)ceof Ontario" llilIaL.ilnll!icly Blllln.n .Practicas Act (R.S.O. 1990) hall baan eel\lbnllWld to ~. discrimination in Ontario. on lhegrounda of .1'lIQ$, cAled, colour, ~, Ill'resllllg, pI8(le of origin,sex. 01' gaographlcal location of pIlI'lIOIl8 empIlIyIId in IlIllJII9Ing in busln8ss. Tharefote, oIh8rtlNln notad abcJve,. pAlrJl1lOI toa Local Bid Or IlRagionaI BidfortIMuupplyof Gaocltandlor SarYIcas to the ~cdI.M .... not be gMm; 15.02 ~ of Goods andlor ~ . The foIIoo.Mng pnwiIk:lna shall apply 10 lhe purchaseofGaodBandfor ~; AI~. to any dlrectIDf, that may be givenfnlm lime to lime by Councl, lhe Purcha8illg Managar lIIlaI dr. .llina lhe method of Raquisltion of Goode andfor SaMcleI; Ila'IlnlJ 1lIfIlIId. lDlhe nature, Irnporlano8 0I'1IIg8I'lCy T-tr.llledwllltlhe~ requisition, 8Ubject to lhe g1l1l8l1ll__ ~..clb..1IlIlI'k1lt condilion8.llnd lhe pwiIsioI.. of thlI8}o.Iaw...The Pi./n:h8eing Managar, III his dI8cnllIon,may make COlllllllol'nlllltlwndola in lhe form of: a) tann orders; b) standlng offerllgl'-"~. c) ~ order8; d) ~~onIers; II) syat8m8 eu.41<l<.lb; f) ... 01' renlaI.gree"'e". provided, hawaval', that for inlhldUIIll..............1he- Colt wiH not axeeed allhar lhe appI\Mld budgllll'YlIllocalIon, 01' lhe financiallll'nb 9l',....t/I$hed by thlI&y.W. 15.03 o.'-+,~~_ 0Idar The AcqJilllIlwafGoodlllridforSeNioes which Cost mDnl than.~ HundIwcl anclFlfty($75MO) I I I I I I I I I I I I I I I I I I 12271 I I I I I I I I I I I I I I I I I I I ...7<:. Pege13 WI...'". oOlII.,uhllll be puI8UlInt to a ""') PvRlIi s Ilng Manager orUte " .:Q h 1Itued bytha ,'. 15.04 ~ Pf:n&IP~T FORQI~:, -- - '--',;<~:/- -'-~'--; -'::_-'--"~:<' - --: -- . , ~.-a.____ of Goods or- .- :'...~T" ImlHIM ~ but' lhan T"'lIP_l~'.~\ D. .. - Subject to paI'1lgnlp/l16.of; ~'ftOlfilh. "f .... Is ~ to make Aoqil,r.ftlo,.,4.,WldIilr _:1r.. , wttlllh COIll beM8en F1w HoM' "~.L~.uo} 0llIIIa ....' TWIty ~ (S2O,ooo.,(lO) 1,1) l ",_fIlw8It at. ~I", COIll.If (8) a minimum at.... 1 )' .1' n" r: ~, ~n ,1 f .COlIbI J-. been Il!ICliIIed by the PIr"'"'" h.J4If~r. ei If (b) .... ~ flIOPOI8d Calla. In Nl~.kiftha Puf7m.hlll ,,'-'.... cannot be obIaIIllId ..;"~ t'1' IMIIIIr __ --'-_;':4{" ,:':-:-_" ,," - _- Il!IIl!IId to the urgency of Ute~IllI'JnJ'!-"" Fh", inftor - - - . - : -~'~',< -, - - 8\1 r' __ of the Goods ,end(or,.J 11- lie nil I ~1'-. IheIIIlIllbIe8ler number<< tlfl.aiJr .~ijli ...IIe\ljllnllln ,-"4_ ," ''- '_", -~ '_,". _,~, ^ -~ 1 of the PIlR:I' II.. M8nIger ~: l!JJ1iil d, in fIIct J-. been oblIIillad. bafaIB the k1ffin-'O' r~"1Ia GllOde ... ' '_ _ __ - ..:' - - -, " - ,,"-;;4.:-,--~:' "" ',_ - . . Senic..1n qu...... ot.. Jj.111I l;; .' ,-' TIMotnJ1d . -', . 1A..1liIo. , to.... tiJ:!' i Call ~II 1M . AIl,y ,""I,. L1lCl Call. IIlIl'Mad - ~~.flI)\..--. 'Jl.iII}Jil 16.oe. Ute PutdI8iIIng AIiIIII'l~lII. << Goods 8IIlfIor t., n , "L"" Twenty ~ ($2O.OllO.00)' (150.000.00) 00IIInI at till. It J jf ' . .. ',_0""_'; a) at least tine foIm8I, .. "Il'.1II m'o _at C!llIla .. b} :':::::'<<!fu.awr8UMId .' )' i,,~', ,':>' ,'. fUi<l8plrld; and W , ' c) dclcllmenlII for all Qw.r l, rwt1.... bdJ18d Jet . .:,_1'..-,-';, ,--,- _co,,', In.,sclilln by the Trill ~,.iUlt'JlJ.'Dl .l"IIl fril of thaFlnance1TIl!IIIIIlIYC J n"jJ 1.[iU' '-JlUI1II1 il . _:'-~':_:-~>,'~~-2~~"::;:- 15,08 ~~~ to DU~--1Bd --. . 'IL.... ~W ~'!'- Pul(hfllnll ManaIJer sh8II..1bi ..11ft ......_~ ' - ;~L~~,~:,~~~J:::-:-~._, -, )~r;?';:~;;'~;- - - ~" --~,/" -,-, _:'i 1tM ; f'lIlle14 Schedule .~t. Designated ~ ~.list ofW\1llenQl...... Received_ RICOO1l1l81ld1il1o.18 forllW8lll. The.,..1ioIIIOn 01 Goods and/or Servlc:es In thIe ......1MIl<be.... 10 \tie Designated 0IliciaI of the 18qlIIl8tklg~. ~, Where the Bidlllllde by the '~R!IllpOll1liVe lullI ReIlponetie Bidder is not8ocIP"~, or ....... ~ . Reepottlllvelllld ~Skt elCIPMd8 the~ -, . .....,. -,- . budget llIIol:;8llon.\tIe . F'uIch8lIInt.'. '.' .... ....In COIl8lIItallon WIlhtheappn:lpllate l>erlgr.VJ~ .0IlIlllaI of the requeati/lg. Oapawnent. submit a ..NPQi1 to.1tIe . CotI1t... and/or Council providing. a lilt of ~~ rQvad with. r8commandationa for. aW8Id 'of .\tIe Col1lnil::t. The purchase of Goods ~or~lrJ lhl8 lIlbNl!lonaf!811 be subject to .. Cornn1ill8ll'. and/or Counci'a8pplQyel 15.07 REQUEST FOR TENDER ~~- AI ~ flOt otheroiae klanIIIled In lhIa S)"laW. whIcIl bawl. Coat In 8XC8III of FIfty Thoua8nd ($tiO,ooo.OO) ~ ....be made througl1 Requ8et for TendIIr. lIIlIeaI Cllher.r.iiaIl Ilillll~ by Counal. 15.08 Ememencv Pu-'- OnIer - Undat tIledinlCllllll of ,\tie Purohallng Manager. a peIIOI\ IlUIIlolDd 10.... Pl77 A ... . by Purohaae Older on behalf of ItIe Qpei8ll0", 0IIpIItrl_ , IIIld Entelge.~y IIIld f'inI. SeIYIceII~t1_..1ll!IY ""'811 ' Emerglluc:y Purohaae Older for ....... PadI neo,lUlY to malnIaIn tIle~'s wiIIdelI. .~,~the~~ a) \hat tile Coat of the Goods .,. $llMc:pU II'IId 10 In each 8eplInIle onIer lIhaIIl1!It.tlQIlIdFMt Thousand ($5.000.00) 00IanI 15.09 Do............. ,~ Not to beSnlll_ ~Or_'J"'''''1lII ... - ....,-.".. be IIp/lI 80 .. to cln:ull1ll8llttlle"'!'........<~ of pu~ and the dolIer lIrnbilYlllalllf bylltla~ 15.10Di~11l - Subjer:tto tIIe.JIIU"IIQ"f# The~ . Freedom f#lnIq,,,..., and' ~ "'J~~ pf~ ~ ~s.o. 1990. Chapter M.56. no Co/poI.. empIi:Iyae nor lI!1Y member f#CouIlcIlIhaI provide the"._ Sldfor ~Goods IIl1dIor ser.ic$,. except: 1229 I ,. I I I I I I I I I I I I I I I I"~ I , ,,~ I I I I I I I I I I I I I I I I I I I Page 15 ~'" Schedule .A. (bl in the case of Requesl8 fGt T...." the Iotal Bid amount; and , ' .' . in the case of sealed Bid rue LiIltt~ AI8P- to a Requaat for PI1lp088I or a fJlll~ RlIquelIt for Quotalion In writing. the _ _ -aunt $hall be provided on request of any ,Aw.M~. (al NolwIthstandlng this paragraph 15.1'. /I . J jpl IS olheIwI8e provided In the Municipal rl...... oftlibmllllon and PlWldion of Privacy Ad all COIltI NIlOI'lIId during the opening of Tenders, that are .Mt rl'the eu-.....'8 pennanant racord and maintained lit" ClQ'8 Dap8mnant. $hall be made available to the P1~ ~1pOA l8qIIII8l. puI8UlIllt to the prOvialons of the Municlpal ~~.8.o.. 1890. Chapeer M.~. 15.11 "'1TI81_~~ - N~"'flIIl4"Pl" of Ihila By-law..the Acquisition of GoodiI"-s.rv1c118 In lIIl . .' """""'<.'- .,.,,'.........' ", ..... .. Emergency may be made by 1/1It!;f!U,C ~J;1g Mallager or Senior Buyer. In all such CS.... ..........be flied joInlIy by the. 0esignala(I 0IIlcIal of the 1'i1l1 II lJ;iiO....~ and .." .. -'~:~RL<-o-._._::_< the Pu,e! illng Manager to the <;.,;n~.iIl- tendlor .CouncI. shoUld the CoSt of the Ar;t;J 1Lrl)ll. IJ;@I~t""\he IInIIlII ~ by this By-law for the ~..'Jij/~f~ GoodiI andhlr 8eI:Ylce8 wlthout a. Bid SVL],,~ ""~.~ ~. \he CoIpo1*"'s appovad budget "0. :,~l1.... ~frIlr.1IUdt. Acq\IlBItion, In the absence of the PurdllSlnfAA~~~ Buyer. "<:::,::i,>::,.. .. .. .. purchasIS for Emergenc;y ~ ~"'fle III8Ile by a Designatlld 0IIlcIal. provided _...~ ',IlI)1\$ ..I..o.tfh..l8d by a Pun:h8S\l Order~"'oby"" ~ Manager. as 8CXln .. poeslble thalli, J" __,'e,.o,"'--':"-' 15.12 . Co-ooenIliIIa P,ur.hlolllnn - Noa'..~r~J,~ pIQlI.IOi1S of paregIlIllhs 2 to 23, Inclu8ive, rl:"", ~.Ii!IW.. Co-opanIIive Pun:ha8ing With other munidpelll!l\~i~~"'" ho8pll81., or other pubIlc agencies $hall be I lr..!...,. ~. '. and jll'8CIical The purdlBSIng ~..~ Plactlcee ",y~::~,~,:,,: of lhe municipality. school ~.J . dI'.or other pubIlc agency Istulng such Tendar(a)IIIllIII'[lI!fJllIMellcs(Mlfthe pIQV\tlOn8otthls By-law with n~:,~~~. ..oeMng lIIld openIngot the. T8I1denI. SII") (.IJ~."8WIlRl of the , .-.;.".""..",.~ CqntraI;t, JlIII89I1IPhs 24 and 28 ~_.,~l!II.,..1~rr"", . . .... . 1230 Schedule "A" I .1 I I I I I I I I I I I I I I I I 1 231 I Page 18 15.13 Reauests for Prooosal- Where it has been detennined that Requests for Proposal are to be. used, the Purchaelng Manager shall be aulhorizec:l to make purchases uslng1he Requests for Proposal for pun:haMs ata c::ost which exceeds Fifty Thousand ($50,000.00) OoIIare, provided that wherever possible three written Proposalll are received, and in consultation. with the Deslgnsted. OfIicIaI, a lepOrt Is submilled to the Committee andfor C(luncl providing a Us! of Proposal amounts received with ntCOI'IlIllllndatiDils for award. ThepurchalSe of Goods and/or Servlce8 In this manner will be subject to CommIttee and/or Council approval. Purchase of Goods andiqr SerVIces may be IJlllde through the use of Requests for ProposeIto obtain unique Proposals designed In order to meelbroad oull:loRtes to a complex problem or need for which thenllI no cIe8t or single solution. It is the CorporatIon's policy genIIIlI/Iy, to select the Proposal that earns the highest ranked sooring lUlCl meets the requirements specified based on qt.IIIIltatlYe, technical lUlCl pricing considerations. When appropriate, Requests forProposel fhalbe called by public advertisement and/or InvilalIon to spiIcIftc proponents. Request for Proposal must be submIIIed In the pl8ICribed form and deIiv8red to the Purchasing Manager's 0IIl0e prior to the cIoslng. time and date sstabllllhlld for.the eubmllllcfI of Proposals. All Pl'Opllsals ..-lved after the cIaeIng time and date shall be 18jectad. 15.14 Consultlno end Plof....AionaI ~- Whent it.is ........att.d that Consulting and Profasslo.laI SeMces'" CXllIt '- than Thirty Thousend ($30,000.00) Dolarund funds are aIIocat.d in the appn:Mld budget, the .AICll*ling DepatIment may obtain the sel'llices on behalf of the CoIporation, proyided that if the requested consuItlng -.vices are enginellring or related serviceS referred to in the TSH Agr1lemerc, the DIrector of EngineeI;'lll. SeIYioss shell be ~ b8be the servk:es are purchased. Where it is estimated that ConeullIng and Prof'lslo.laI SerVIces wII Cost more lh8rI ThItty ThOusand (130.000.00) DoUars end funds are alloe8led In thellppl(Mid budg8t, the Purchasing Manager 8halIlseue a Raquest for P10p08l11 end Page 17 Schedule"A" in consultation with the Designated Official of the requesting Department, shall submit a report to Committee and/or Council providing a list of Bid amounts received with recommendations for award. The purchase of Goods and/or Services in this situation will be subject to Committee and/or Council approval. Contracts for Consulting and Professional Services at a Cost in excess of Thirty Thousand ($30,000.00) Dollars may be made either by a formal agreement signed by the Mayor and Clerk for the Corporation, or by a Purchase Order issued by the Purchasing Manager as is determined by the Purchasing Manager to be appropriate in the circumstances. 15.15 Exceptions for Consulting and Professional Services (a) Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, a Request for Proposal is not required and the Contract may be approved on behalf of the Corporation by the Director of Engineering Services provided that it is based on an authorization approved by Council to acquire such Consulting and Professional Services. Where the Contract Cost exceeds Thirty Thousand ($30,000.00) Dollars a by-law authorizing the Mayor and Clerk to execute the Contract on behalf of the Corporation is required. (b) Where the requesting Department is the Planning Services Department and the Consulting and Professional Services are for the purpose of the preparation of an Environmental Study as referred to in NOTE: Report should Report PDIM-96, a Request for Proposal will be be PD-163-96 issued on an as-needed basis and a subsequent roster of consultants as approved by Council will be issued. Individual contracts for such Consulting and Professional services may then be approved by the Director of Planning Services. SChedule "A" I I I I I I I I I I I I I I I I I I 1 23.3 I Paget, Any OOl18UItanllllllhortZ8d to __ a Bid SoII..Il.UOll on . behalf of the COrpot8lion s/1lIll comply wIIh lhla By4w. 15.16 PelllOnal Purchases - No peI'IQIl8I purd1asM. of Goods and/or SeMces. IlhaU be made. by the . Corporation for Members of CouncIl, or any appolided member.of a.local Board of the Co/poIation, or for empIojsee of the Corporation, unless spectftcaIIy lIIllIlOliledby CouncI. 15.17 ConlllcI ofl,mnst -In order to aYCld any.peIlIOIl Atlmhaving an unfair advantage in making a BId and to lII1llln the Bid pl'OCe$S Is open and tnlns~ 'Iillh no one Bidder having confidential informallon that other BIdders do not have, a) no amp/oyee of the Corpo.~or Member.of CouncI shat Bid on the sale of Gollia and/or Servloes 8X<llIPI tho88 d18poeed of by pubItc t\IClIon, unIIllI8 expIldlIy BppIlMld by the Chief AdminlBtIative 0IIiller. and b) no Member of CouncIlor enlllkl.aeof the Colpondion. shall sell Goods andIor:SeMce8 to the eo.~"l or have 8 dlr8cI or indnc:t 1nI8nIel.1n a llOI.rpany or own 8 company whld1 saII8 Goods.llndIor SaMcaa to the CorporatIon. An extemaIconauItantwho .. amer4ld llIto'lI~ 'Iillh the ~atklh for the proyleIon of CllIMUIllng $8Mcea for a particular phase of 8 projed, maybe daemcid to have a conftlcl of inlarest and be dillql'Nlliedfrilm lolidtt"lI 8 BId on 8 later ph_ of COI18UIling lI8lVloaII tor 11'18 ..,.jlIOJe(:t.Any issue as to whether there Is a oonfIIat ofintlnll(W11 be delem1lnad by the Purdl8llr1cl ~ In COI18I.IIlatkln 'Iillh the DeIjgnetad Offic:8rofthe....II.IiQ eep..b....ll For clarity; this paragraph doea not.. JlR~_or detogale from the Corporatio,t'l Code of Elhic8 llalllppn)Ved by Council. 16. TENDERlNGPROCEOURES The following ~. shall apply to tti8 pun:heIa by T8IXIet of Goods and/or SenIices of an eBtit. a1sdCost In ___ ofFlfty ThouIll11d ($50,000.00) Dollars. I I I 1 I I I I I I I I I I I I I ,I I Page 19 8cbeck1le "AlA 16.01 ~- All Requests for 1'I4U'......... tie made by EIeCllOnIcAdYeltieement delImed ~_~jlIlIfln Il,Merqar 10 be appropriate In the cilw8 _1111. "....... otheru ilIl dIrecled by 1he Commlllee ~n_ ColIntI. Other adveItiIIIng methods such .. in 111 11._ or IlIWIpapeIlI Il18Y be used as deemed _.~. rna"thePlntlfl'llJ Mallllglll. ...... ',C..- ;:.'~"-'-' 16.03 ReI~-. of lnfonnation 10 ~ .~fl!..J h 1qJ Manger or his deaIgnale shall supply !he f~'(. '" 1 rI8I8 10 .. . ptoepeolille BIddem: one copy of the oIIicIaI T.. f\ ..1'>,...... to the Request for Tender; one standard Tender eI1\IelQM.!t II "".llC.. bd.L'y ImprInIed; Tender infonnsIIon ~ llilIlJi4.: ....lIl1oM. pmIlIee and other ....ant r .~~ -'1\; 8l1li 'whn a fee is requiI8d _i1l'P1!,,~. ___ such fee shall be pald lD~" ~'1IIf11 m)'1 by CII8b, money Older, bank dnIIl.c,....III!J.hl... unIaaI IllherMsedQcted In the R71J1.II..:r.... a) b) c) d) 16.lM ~._~ConImIofT~~lJ !II AI I'IIIIllS8, BddIU.I.I inc:luctlnO ........ "J LUll and facalmIe numbels of all ~ 'l!'II..IiIll.I!a. .'jww bewI -.. - ,-........;.'-'...-....,...-..- suppIIad WIlIt or who have IlIqY nn .... l [r 'It'. IIIl out In Section 16.03 shall be I8CORIed ... rl H. '. for T.... 818 isauad In aider to ~ ,II 'In: U ".Iddalllla whan nee BBsary or to exlllnd or ClIIlCllI a 1'-...1 f.""_ 17; QHANGF8 TO ~RS UNDER CALL 17.01 Pr'~ ~~lofAddendumqll...~. HI".." D<r '\"'''ofa tender document shall be made.. _... of a WIIII8n addendum. Addanda shall be ~ y,tra......... IllbeUbde or add to T8I1der - :.lifrl... " 0lIl. Tl18 ~ 11'lJ Manager shall 'lIlI...'.'..... of III adclendumortheCSloC.hlll'll\of lollW:tI U I .t1llrT..... 1234 Schedule -A- ,1 I I I I I I I I I I I I I I I I I 1235 I' P8ge20 17.02 Notification of ~ to Bidders .,If an addendum notIcl!'ls prepared \(lO late to allow I1OliIic.ilIiOn by registel'8d, ~ or courier prior to the Teilder closing tIme,in addilIon ~ malIIng the notice, each pmspellIiveBldder aI1aII be noliIIed, of the' addendum by telegram or facSlmlIe or electronic rrt8$Illl. 17.03 Adden<ja IIl8UelI after p......... of TendIlr . When! an addendum Is released after the I8Celpt of ~ or more Tenders which in the opinkJn of the Pu-" -ring Manllgermay affect a Blclder's Tender. al! TenderI.RIClllved end depcrllad prior to the Tenderopenmg may' be WilhdI'8Wl1 and the Bidder(s) shall be given a 11M selofT.merdocumenls to be resubmltled in IICCOldan<:e wtIh l!iflnlller addendum. 17.04 Ca~of TendIlr ~ ,.....- Wh8re the circumstallC88 requlnllt to proteCt the lrlleRUlIIIofthe Corporation, and the Req\lellt ,for Tender p8nmce It, the ' Purcha8lng Manager in coniIuItldIon wIlh the DeIIl9naIllId 0tIicIa1 of the requestltig Ilepmtnjen(.may ciulC8I l!i~ fpr Tender, either before 01' after T'" _ OP!l\l*l. n. PI'llClll:kn for the ~l of 8ld:J.. 'j, of a 0.'0 "rlb'.... apply, .. in pafllgl., 17.02 wfllfall ~ IIIill)' ChangeS being COII8ldered to ... been' ll'IlIIIe to 0Mt ew.:t 10 lhIa' sentence. If a Req\lellt forT... "Is CIII'l( rbd 'prior to opening, all TlInd.. NOeiWcl after CIIIlOllI/aIIDnwlll be returned unopened 10 the Bidder by fllJ!.' IkllJIaI qr Coulter with notlIIc6lloA of the ClII1( I HJIkh,"' I I I I I I I I I I I I I I I I I I I Page 2\ 8GheduIe-A- 18. CQNQITIQNS Qf n;NDF,:R SIJ~" '0' '. All Tendenl8heIl be 8Ubmilted to the Ol\iqlI<ofliit Iill~;" end shall be ~.lhe~Ig~. 18.01 The COI11lCt Tenderfonn arid eiI\. mil n O:"d (wIIh no extra exterior COVIII'ing) as $' IpJllIed by the ~l 1T1U8l be U88d. 18.02 Tende/8 must be properly SNIed'-, I] .t~ to the omce of the CIeIfI prior to the Tender~' 0 I r .,w.. nti~ll8I1ed for that Tender. 18.03 TIme of cIeIlvery of any Tender .....011) li.6l1 by the ';-" " . '-. .. ',' .. .:.... -.-'" ',-;,,;(,:::.:,-,,:.-/..:'''i;:-,-f':" ,-,"". CIeIfI or hiI delogete. -.':.;.,_':,:_ F, 18.04 When Il!Icei\I8d by the 0llI0e of.. .~ .. "''''~..c,). lIhaII haw the dale and lime of '1 JI~IIIOUd on tbem by ltle Clerk or hla lleIssate. E8dI T4i.~I~;;~i'- shall. be nKIOl'dlld In a Tender Reg/IIllr ~ftllllll'("'''OllIce oflhe . Clerk. 18.05 All TlIllIIeM *-1vIId by the omceot_OlIdJ.tIlaI be pIacIId unopened In a suIlable Ioc:ked J I'" IJli~ IIIlIIIIMIin under ltle oonlrOI of the Clertl. ,Ci 18.08 AlT... dellvenId efterlhe T~~!t:, ~~Ag lime orin llIher than the Tender envelcpe or ' ~, 'JI\II.,~ld .... nat be IICCIlpIIId by the' CIeIfI and Ihat.. _dip : I ~ I In the .. . '.--',f.:.,---'--"'-":",-,:", .. . Tender box rnainIaIned by lhe ,01",," . .'The Pl.. rllQ M8nager shall be advlRd of ~d. '. ~. 0 .11 ICII and .. Tender Il!Ilumed unopened to -1141' U"jcconlJ*lo4 by. .. -",",""'",',:..^,.,..,',,,- '-- .. .... which lIlIltes "not iK'lIJII ('. :,,- :, .-' ".-..: ;~ .. -""'-", "".,.... 18.07 Where no Allum Illld.-Ia"'_~~'" of. Tender that Is cIeIlYerIId lifter the CqutJ ftllll~....... be oplInlId In the fll'llunce of the CIelk by the Puillt l~ Manager, . Il!IIum IIddIl!Ias deleImIned, the"'JI.' r fllr the nKIOl'd and . the dcc:uniems Il!Ilumed tolhe BIIf~J i~ill"lIad by..... ...In 18.08 ablMI. 1236 P8gll22 Sc:heduIe "A" 19. FORM OF TENDER 19.01 All Tenderslllll8t be legible. wrilten In Ink or typed. 19.02 All Items must be bid unlMe alll_VlilIe 6jle(ilIied In the Request for Tender documents. 19.03 All entrieslr\Ckiding unit prices foreed1llem ...feINd to in the Bid must be dearly stBted. 19.04 The Tender cannot COntain any raab\cIIve 81a1amen\S. rior can the Tender be qualified by aepat$lllllar. 19.05 All TendenI submitted must be IIlgned by anau\lloriZed parson. 19.06. A111l1l18UR11. lMllWlillilg. .~ _ olheI'.. similar all.enltions r-tad In the BIddn T..... rMl belli/liaaed by the perllOII authorized to &xeouI8 the cIocumen\$ on.bIlhaIf of the Bidder. 20. BONDS AND ~ITS .20.01 Bid Deoosit and Bid ~ . All ~. 1ll.forTenderl1lqllil\ng Bid deposita IhalI hav8 SUllhdtJlo... nuide~to "The Corporation of the Municlpellty of C1erillglOll", . ~.be provided by a certiIIed .cheque, benk. dnlll... money onler or cash which shIIII be endoMd in .. ",,",.~ .. .. Bid. AI BId bonds for Co.lb...M wIIh. .>J1IIue of FIll)> Thousand ($50,000.00) DolIn or~ thet_ AIqUhd by. Request forTend!lr aheII be IlI8ued bya 8UI8ly8PPl1Md by the TreesulW and shall be in an IIIiIount, anlHn afoml containing terms and oondIIIon8 f~lr~ Ilby to the TA!lI8UIW. Bid depD'" shall be submlll8d In "'<<--.....~ .WllIithe fOIlowingllChedule. unlasolhetllAle epacIlIed by the Purchasing Manager in the RequelIt WTandfn. . 1237 I I I I I. ..:' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. .-'-. ~"" " "'--. -".' Page 23 Taw~ofBld $ 2O,IllIt.Oll<< LESS . ~.l'Il1D '..000.00 $ flO.Ollll4>1IO $loo.ooIUIO ~ "ooJlOO.01IO $ 250.000,00 $ 2flO.llllO,011O S 500.000.00 . flOO.llOO.01lO $1.000.000.00 $1.000.000.0110 l2.OOO.000.00 $2,000.000.01 <<OVER ~"~. .,",' _~ ;>J ,.~;(~n~_~' '">'; ;.a:" ' ~,,",. "i"""""~' ...>::-.- !:;;;: '- " ''''110 : ~ . ,~_tlO sa.flllO.{JO :HQ,l,Y>> QO ....00 "~OO 20..02 ..l....lUOCll i~" ::;~> - -" --Co,,> - - - , BIdder.taI to enter into ." tcMPIliIlllcA. fie 8IIIIlUIlt oflhe BId depoIlt ,,' In qUlIlICf, , shell be forWt.d to lIIld ,*~LJ 'i.~ PftIfI, .1\' of ... CotporcdlOl\. If a BId Bonet. r tit'r'- r *_bt CIlIed by . -' _ " . _ ",/~?iZ::'-';'<-, '.:.-'-_:'. '_; ,',' - , the T,.....,. lIIld the &mount If" iUf!J "JlI~ 4b/aII...d fortelledto and R1Ilde the /lIOP8Ily...,~lIIii:ln. -.i'~>-'--:::_-' 26.03 Bands 0Ib!lr Than ~jd ~.~.J.!ItllI ~- po ~ Islll!IlI- When the depoIlt of ti; " ~ . "MdIor a .--,-'-:p:- -' -. , I..&bour &lid Mah..lllI Payment f ~:.t of a , RequeIlfW T~. $lCb Ioncl.:lrL.." " , 11*11111 In , the Tender dooumenla iIIIdIcl~,l!fJ14l.e1l by" T--. _In a fa!m _ -..#i~"(' .. COI.d1l1c.. approvadbythe T-~...in., ~by"Blddarto >li_;,_;_',. _'_ -. the- PLnllallng Manager _ tr) f!ilK,~ nJ . of fie OontnIct:by .,~~:~:" ;./--- ---~', '-,- .' , .. 00rjlclraIUJ. " 21. ~~,OFTENr~~ 21.01 V~~.~ -of BId . ~ wilfIdIaw the BId prior to the WIlIldtaw-i9Fetted folIawing:lhe.. '~~ ~" . BId lIIII... Requ ..,. to ... not be . _n' '<~:-;;_'_ _':::\'::' _' 21.02 ~---~BldderIl1Jt.._ 'flfl"j'..8IdmualdOlO In WIlling and deIlvertlie _ toM GlftIJ." ClIfk. "-'<\t - 21.03 ~rofCllr1alnW~-!.lAt.tj.d Jl. ,.prlar1D being d~tlhid In the Tand8r~I~l.." ClaIk lhalbe ' I1IlUm8d and the wilhdrav.... of ....t.) .... nfl..... WJtl/ng by the BkIdar. ,".>, ".,: . ~~ 1258 PlIge24 SCheduIe-A- 21.04 Return 9f OoaImenIs- All..... d Tendelathal relal8 to Tender8ltepc "d in .'I",,*.bCac 1Ii1d81t0f 1tle fIII8Illd. docu~l retumecl lll'lDjMlIHldfolowlng the T.... opening. 21,05 Withdrawal of Bids .P!uk!9 .~ - .Ourirlg "Tender opening at ~ concIu8lon of. the lMding out of. BIdS for .. ... particular Qonlract.tIle 1ow~!IIIY\1II\tldl1lW'any .of hilL remaining T81\der8 on other ContrlIctt. T~:.18WI1 under this prooedurecannot be "~.The~ I11llet certify In writing to ~identlty8nd.....the CQnlrtll;l(al 011 Which helehe dll8iree to wIIIwIRIW. A WIilIi!lri.<.npI/oe Qt. withdrawal of tender In a fOlm1ali8f1lclll1ytoll1ePurcha$lng Manager must be ligned by the ~~. Thla Notice must be handed to the Clerk Clf hllda/f..bef0r8 the re&dingoul of tile fir8t'l"enderr the C!mtr8CI(s) to Which II appIIee. ThaClerk orllfll de'ig~.... atIlICh II to the appllcable Tendlll'; The 8idder'II.. ... ... . .... ........... .~. .... out ... ...... .'-..-.." "; .. and II ahalI be announced hilMTlIlderhae been withdl'8Vt'l'lln8Cliordl!nce with .eateIlIhedJlRl.Gtll.... The' . bid lIII1ClIIriI of the Tendenhall not bUIId.OIII. 22. OPENING TEN~ 22.01 A1IT8ndenJlhallbeOjllll'\lllbytheCllrkor.IlflId ....for the CclI'poniIIIM end the F'uIdl88ing Milnllglrotllflld..lQo.... end the Bids theIl be duly reco.dedln ...Recl::lfttOfT~ 22.02 Any lnt8leaI8d personn.y 8ItIInd .T"'~IIng. 22.03 Where lwoQimore Tenders ... CIIIled for... ....llma. the T8I1deIS1haII be ~ln ~ ~... the lowest I'lllIl1bered Tender b8ing opened fir8t. 22.04 Havlng eatablIal.ed the onIer of~ I d 1I)Cl8.1he 0lIIk or IlflI designate__1he T....~theT~~ 22.05 Where a Tender tannDI be idelllllilCl ..10... .... or Contract number. auctlan 8I'\Ii8Iope8111111 be J1Illnlldlllld the documents llI&ced will thellpflrllplfJ IllJnlUPof T...... 22... Where .. oonlII(:t "'111 I1IlIpeClt.Of the WMIope anct II cootenta .. to the ConIraetI1Ul\'lber.tIle ContrlIct~.on the Tender doc:wnenIaah811 JRVIII. 1239 , -':?"~--;\;t;i>j;fJ~1\' :!;-;.~,. I I I I I I I I .. ~,~ I I I I I I I I I I 'I' :$-> Sc::hedute ,"A- I I I I I I I I I I I I I I I I I I I Page 25 22.07 WIMIoall Tenders havebeen~...tnl!\kl!Odwilbclnlwn T~ 8I!gI1lgaled PlJII/l8J'1l to+#!ll.. ,1~1..~Jl4,tl)eCledt shaU ~ the lWII1berof Teqlf"i~~)li~d>D"AUglber of Tenders lllCOI'dedin the ~~"~ Whelea ~ exists, the ~",:."~,edunlll8l1 Tenders hIM been lICOOUI1t8d for. 22.08 When Ill' Tenders 8Al ~f\ltj_l:l!.lliOl'Nt dell1g.l8le shaUanll(llll1l;lt ... T....,~ In lhe foIIQWing /llIII1I18r: I) Tet'ld8r lWII1berand IIpetlf! n .., I) Bk\der's /1lIl'l18 and 1OCellon; <> Ii) Biddeposltand bQnding_.~1r~lI~and iv) lDIlIlBid amount. 22.os AI Tenderuhal be checked toll 1 r ....... BIdder '. ...'.....,. ...,.... .... . has sublnilted llI'III Bid only. $bclItlI!fllltll!l.~- bld be submitted. the ~ Bid 1IlAb.. "1 ,1.."* dumed ID be thehltencledBid. unless II1IIlSld...........m In the 1IlIIt'I/let~ In Jl8t'lIlJAIj)b2t.. 22.10 FollowII1g lhe opening and ~.,T_. "" by'the Clelt, lheReoord of Tenders 8haII be ~""'_nIQDId ~ atIe8linglD that tact. 22.11 Willi the ~ of the CledlIIlIll.~~~1I1ng MaNIger 01' thlIir~ no dialollue ~~ .....111 willi ...-;t ID the prOCeedIIl(llI on the opeiW1g.,JrIll t .. 23. VERlFICATJQN Of TENDERS 23.01Dutv of ~IiBIna ~. AI T....'..be GeIIwnId ID the PurcIliI8ingManagerwho................ a) aIIBld8comp1ywllhtheT.....II,1I\1"*.. b) all unit pricee hIM been~:;.iIllnllell.I"~Jldld ' that unit pricee shaU dlte q'.........of..8Id. in the IMlIll of ariIhmeIIl:..... c) all tIldlmeiotl8 hawileen!" , J~.Jl/ r' 1240 Schedule "A" I I I I I I I I I I I I I I I I I I 1241 I Page 26 23.02 Reservation and RevW of IIl1IlRlD8r . Any Bid that does not appear on Initial axaR1lnallQn by the PuId1aslng M8T\ager or his designate to satisfy therequi&nl8l1t$ of the Requastfor T ander shall be deamed to be "lmproper BIds., and be sub~ to further examination. by the Purchaalng. Manager so that the Purchasing Manager can deb.lnliite whalher k shan. be rajactad pul'8Uant to paragtllph 23.03. 23.03 Re~n of Non-ConmllBnt Bids - NotWlItlelIndIng paragraph 9 of this By-law, ell Bids IIhaII be rajactad that_: a) reoalved after Iha Tendercloeing lime; b) deIlvered in oIhar than the Tend4lr ~ with Iha label or labels prascribed In the Request for Tendar; c) that are not completed In Ink or by ~ d) Incomplete or do not CllfIlIlly with llp8CiIlcations; e) restr1clIve or contain conditionlll Jlet11l_ Which _ Intallded to aIler Iha form or Intent of the Tender submitted to Iha CorpoIatIo;l. reapo.... to the Request for Tenders; f) submllted With documenl8 that are not ....... by Iha Bidder With his orlgInaIlIIgneIura; or g) UIl80ClIIIlplInledby boIldi1111 documenlI or bid depOsIIs where illquired; 23.04 ExclloIions The Purd1aalng Manager may at his diloCllilllu.l aocepl or reject a Bid when: a) the. agreement to boI1d raqlIired by a Request for T ander . has not been signed by the surety wIIh. his orIgInat signature; plOVlded that If the BId Is lICClIpIed, . the Purchasing Manager may &Iowa perlod ofllm8 to have the agreement tobol1d .....,-'ly signed by the surety; b) the envelope Is Improperly eeaIed; c) the doculTl8l'lta are l1iegibie: d) the envelope containe 811 impIoperEllddepci8ltor an Insulllcient amount; or e) Iha arllhmetic extensions of the Coet contaItI gross lIl'I'OI'I. I I I I I I I I I I I I I I I I I I I Page zr Sct1eduII.A- ,... , -, 24. i\W~OOFT~RS'~; ".. 24.01 PImlh88ing Manager 10 RevlcIw:.;~T. ..'*' . 1M Purchaling Manager shall ~.._ ,Jlmller wllh tile requesting Department in a...oo._.~" JlIIl illMl 11 paragraph 13.05 for all TendenI "~'.ce. under s-my. five Tholleand ($75,000.00) Oolllllll.For TtlI... wllh 8 Colt . aver s-nty-F1ve Thousand .~ 0llIInI .. PurehaSing Manager shaD review,". T... wllh" \he requeslIng Depertment and shaII.1oW . IjlI~LIO ".GllI1II" Purpose and AclminlIItratio Cun.;.. II ....CounI::iI. Where tIWl Tender anlQUIll .!.J'fld'i"'~" appmved budget allocation. "'~Qd"" contaII1 tile ~illfoml8lion with raspect....~ of addillonll funding. 24.02 /,.... of Punt--- 0Rlar - UpclIl fJl..l,"._Tender\he PurehaSing Manager. SenIor __..t.I.~. of Cotpo..... Ser./!CM or hill d8Iignaleshall.......~~.. iIIue. ~Ortler In acconlarlcle .,._.arUllI of \he ReqiIelIt far Tendar. 24i03. ~ ~ 0Yer.~ -IlJbtHCl'lOtIlellWllnf of tile ContrIIClt 10 tIWl Ioweet RIIJIIJI"i.ReJII Of~ Bldcler. tile epprovaI of any O'4lt..ll.,.'llt...... be. ~ 8ClCOId8ncl8w1thtlWl Cot..... llti......PaIicoJ . appmved by CouncI. 25. OISPOSlT1ONOF 810 IlEP9SlTS ElCOllPt .. pov1ded in paragraph 22.03.~."".... .11' .L dal{f or ce..ceDatlcln of e Tender. all <lepoIillI........ ~1iQlIofll'l8 Ioweet and the ~ lowest BidderlIn......en lIWlInf.shaII be relumedlo the UI18UCX:8ISfuI BiddeIs "'".il/)U lllmdorcourillr. or If picked up,.leC8Ipt ac:knowledgel:Illl...... The reIIIIneIl deposl\lIwII be held until tIWl Cooli.,llC1IIIHlrutacI by \he ~. 26. ~~~ QFpot(rRACT Tbll 8\-'<<fllf\ll Blddarshall be IIlllm.Il..~tll.~ d8y&.~ lIledllle Gf.l1IIIIIIIlgof the form .of CQrdl~.'.":,n~t ~.ftlIumlhe ... tothef't,lrdtu'll9 Ma1ager. .'. 1242 PBge28 Schedule "A" 27. DEFAULT BY SlJCCl;SSFUL BIDDER If the SUCl:8SSfu/ Bldder falIe to execule _ CorIlnK:t or ,. to meet any. of the requirements of the Contrec:I wiIhIn the prBlICItbed time, the Tander may be 8Werdedto the next lowest 8/ddeI(s) or CllIlCllIled. In the event allUCCeS8ful BIdder faIs 10 execuIe.. finalize and/or provide acceptBble sui8ty for . ConInIct. the Bidder's deposil(s) wi! be forfeited. 28. TSH AGREEMENT For clarity. none of the pn:IVisions of lhls 8y.Iaw18 Intended to or sheH be deemed tollffect any pl'Olll8/ons of or the rights;.ob/lgatIQns and responslbililies of the parties to the TSH Agreet, I8I1l Including ihe responslblllies of the oflicIaI of the Colporelklhnamed In the TSH Agreement 29. ABSOLUTE ~GHT NotwiIhslanding lIle provisions of lIIIIIBy./ew except es maybe ofherwlse provided In a Reql.IeSl for Tendel",lhe CorpofMlull 8helI have absolute dlec.e!k>olln the -.ding ofj)O,.~... and retsina the right to reject any Or an Tenders. 30. SEVERABILITY Should any provislons, cIauMs, McIloo..,phrelll or paris of lhi8 By.. law. or the application thereof under CllI1IIIn clIaImsla........ be held by a Court of competent jurilldldloit 10 belnv8lld. 1I1e ,...,~<dtlr of . this By..Iaw, or the appllcalion of such pnlIIIlIlon. cI8ulI8 or pert under olher cIroumsl8nces, shell not be atred8d. 1243 "c.~ :1' , I I I I I I I I I I I I I I I I I ,""". I I I I I I I I I I I I I I I I I I I Page 29 ' 8dwckde-A- c:" 31, 8yol.ew 1194-129.. emended is henIby fllrtr d: ' -".-'j,;,.,.', "J)C:::", BY-LAWt4l8daWlitRelhill dayof .M. BY-LAWAl8d Illl$Clllld\lmelhill dIlYof..~ BY-LAWAl8dalhild timll8nd IirlIII1y pIl8lIlldlhill' ..~ . 2008. MlI)'OI' "",'. .. . MuIlIciPaI Clerk 1244 ,Sd1ld*-A- APPENDIX -A- To By-Lavr # 2tJ06. The PurchlI8ing By.l8w a'ld a Pun:hase Order.... noI....... ... !II- ""1'_[11, ~. by a Ilaparlmft .Haad or the WIndor or $l!PPIior 01 the GooiIt <<lIlIor S8NlceI n quesIIan does noI appIylD the iIams ~_. . 1. PellyCash"""", 2. T.-.g a'ld EduceIIOn a. Coni era"... b. c:oura. e. eor.-.aona d. Mt.QazII... a. ~ f. PerIodIc*o g. - h. StaffD8\. -sr.... I. StalfWOI1<IhopI j. Stalf~ k. s..b.uillu..lI 3. _~~ .. - b. __.... e. M__-Non-TIlMI d. T..... E>cpeI1IM a. E".............~ 4. ~. GarlIllIII E>cpeI1IM .. PayroI Oo<jo....., RIo......... b. ~ o. iJcor1IM ~ CanmunioeIlonII. ...,.) d. ~~.. .. -- f. Gr-*a'ld,- g. Damage CIlims h. PellyCash RI,II JsI...... I. LancI&~~"........ t Tox__ k. Si1kIng FIR! ..."..."11 I. NII\'lSF4II* Alt......'" II1If PublIc ~ m. Day~ or"'- shIiIer~"" 5. 'CettMlp,..r JIk2~WII8ndolWServIDeI .. <:omm-. ".. b. CoL.-.g ew.- e. LabonlloIy ew.- d. NurIing ew.- a. PhyolCIon F_ f. TamporwyHelp 9- BankIng IlI1d U1deIwrItIng ew.-. .... __ "'..,...,._ h. LagoI S8NlceI .. I. E"giI_.oQlI1If~ew.-p"M*"arna_""'''' Co........... .nU_ Slrfta ~ ~~ 1.' (1~) UlIlIIcI dilled s.,.Io....... 1. 111113 j. Nll\1'11'"1'W. I1ldIo, TV-.g k. ~ I. RId er- SuppIIoo 6.1 UII!iIIII .. I"oItage b. W_ e. Hydro d. GII .. TeIepI\o.... - -.cling CIIIuIar f. ~__ . 6.2 ~NatlanIII a'ld~.~ RllIIoiIIyI 6.3 _ocIII_Fednl~.-IlI'QolIiI<;; FI_. 6.4 RIgIoneI MunicIlllIlIYo/ DuIh8m or"'-lI1l..... -. J liIllIIIIli...... ~ MunicipIIIly d CIllIlIln gclIid$ or IIN\OM . 1245 I I I I I I I ",' . I I I I I I I I I. I I I I I I I I I I I I I I I I J I I I I I \;:;,:.......-,:-.'.\-:, " ':. -"'.';. M - 'l-tfC' I -t unl'Clpa I Y':iQ., larlng on Sc .. PURCH SUMMARY Of.: . '. " . 1. Oefmitions have been expanded: FWa....~ Pages 1-7 ',,".-,-:---':.- - ,,',-- - ,':: 2. Purpose. Goa/&. and Objectives he' .11..'0 added and is a ~ 'Of the new Municipal Act. - Reference: PlIieet 'Item 3 . 3. Council recess pu)(:edures have Illlillh"lIIl11 and expanded upon . by cfoIAothis we will no longer need to take a '~f9 cDuncII at the start ofeadl QOUACiI term. - Reference: Page 7. item 4 . eO: __ ;:. - :,,) >,:::;;'_''', ~ 4. Prequalification process has beerl~"'~ this is sOrrll'thinliJC...... on a fairly regular basis It was not ~~~~!f:~.thebYlaw and isllOl'n8lhlRO that was Jacking. .... Refet'ence: Pages. itIJlriI$' . . . . 5. In hou$&Bklshas been added.ltilt~~lt(lftheneW~Aetto s~ when In house. bids will be C.IlIll~.illlr.lt "- ~: Page 8,~ 7 ,.... .. ;',:' . "-,- 6 By-Law Review has been added . I\. . L.thitls areqWfementof th& ,,_. Munk:IpaI Ad to state how and wtttn"by-Iaw will be reviewed. - RJI'erenes: Page 8. ltem 3 .' ,,' ..','.,- 7. ~I Action . ~&jection ofBlds . Q!II$...~AIIdded to addrJUs ..(lfltle issues we have had over the past,..~r,.",1e: dealingwithSOlrleOl'ltll. Who is not In compUance With our property ....J.I~}:lrWhooweeus..s.~ or subcontractor Who is takinglegalJ.~"tbe 1JIl.ItlIdpa1IJ, biit.l_rWho MuniCIpality ~CIarington is t8ItIltlJM.pni!lgainst. - R_81\ClI:<P8!ge8-9. itsm9 .. )f'.].;N' '..:-, "/,,,.- 8. Negotiation Instead of Bid ~i';.-been"""~is ~.~ Qf the new MuniCIpal Ad - we muaO.:_ .i!l()Ul' by..f8w:Why .,..._~te father than go out for competitiVe~....~: Page 9-10. itel'rt10and 11 9. The dollar amount for Issuing a ~f""'. been Inor..scffrom $300 to $750. - Reference: Page 12.itsm15.OS . 'If:\REPORTSI2OO6\C0o.o27..06 ~~y.jllVol,dOc Last pm18<l ~1/:09AM 1246 10. 11. 12. 13. 14. 15. 16. 17. (J Leading the Way M u nicipalitygf Claringttin\\ Schedule liB" PURC"A~G BY..(AW . SUMMARVOFCHANGES The dollar amount for issuing a fonnal quotation (3 writtel1)ha$~~ from $10.000.00 to $20.000.00. "'Reference:Page 13. itern 11).05 The dollar amount for issuing a tender ~ been increElS8d fror1t$30.000.Dol()" $50,000.00; .,..Reference: Page,14.ltem15.07 .; , The dollar amount for obtaining Councllapprovalto awarda_er.~~ for Proposal has increased from $50,000.00 to $75.000.00. ,"" Ref~: Pllgllr . 26. item 24 . . - .,' " : ,.,,". ......". " . .. -,' ....-: Consulting .,..doIIar 8mOI.!f1t locreasedfrorn $2.0,000,00 to$30.oooJ."..... Reference: P.16. item 15.14 Added: If using TSH .,..' must con&uIt. with Director of Engir\eel'iI'lQ; Exceptions for Consulting andProfessiclnaI ServiCeS ...Eng~, Environmental Studies .,..Reference: Page 17, !tern 15.15 ~: '; '",. ,'_:;:-:' -' Awarding Tenclers"" reference to Finance Policy added - Rer~~~; item 24.03 (Note: a report from Finance Department to be ~~ separate cover). TSH Agreement':" added clause -Reference Page 27: item as' Appendix "A" has been addedwl'1ichllsts all items excluded~thif.~g By-law. This also is a requirement.of the new MurlIcipaI Acl...~: Appendix "A"' . H:\REPQR'rSl2Q06\C0D-027 -Dll Puri;lJ$l!llgeY'lllW.dO\' La6t Prin!tid .3OIllt/2OO69:Q1l AM 1247 "'''~-:':~''2:~:;~ I li\~ I I I I I I I. I. I . .. ., I I I I 'I.. ,,-.,i "'::'.: .;.:...,>:,>;. ;""\.1'" I I I I I I I I I I I I I I I I I I I ,.....,; ""','c +,.;:., ~"C" ,...::.:.-........-"".:...-. .' .:....:.- :' ::;;:"'r~<:-:::,.,',_ .' . ,., '.' .:_''''-<::' ....:.'_<>:: _:::;':: THE C . ~ll"''OON OF THE Ml.JNICllIWJIY"'~ ">,,:,,'.:,'j',...,,-',, ..',- .----.:-: :::;:-If.{i:'\''y-r\:.:*~-:;:t-:i~,::,,,.-,;-< .' " '. "'0- ,:" ',', rtt.u.W NUMIlER.ll4-1a ' ijli%{"'::;'~;i-,;.:-:l::; being a By-l8W'''''fiffll i1lie, purd1 l!$!IlIlIt leildlllli\dlllllcle..nd I)I'OC8(IunIe er. r ..,11;I_ pun:hase of aI lw\ee Ilf fICIlldI. WOIka llIld aarvices byTbe $fJ.lpll nL..ofTbe Munir'F ~of ~ &Ad to repeal By-law #112-86 I . ~ II t .... ' >~""'" ,".::.:..:....:::>::'..:. ".',':" ':,'.- , 8E IT ENA\;I.;;"'''''.lS .NEREEW eNAG"':O ... 8y.fIIw of The ClllllOflldioo oflflll! UJJtTJ #j ofallril'Gtel" lheNof 8811 .: ->c;i- 1.0EF_" ' ,- .' . BiddeRJl"',_'fl~ euppIIer. --. llOIltr~, cfet.eIclper, ptCfWIO MliliiIlliWci,"lhW ,lien, ~ .1llr!1~ I d and 1T1111ne.:" :'" ":':: .' a.m.IIUlfIU~Y("QerkoftheColPA 1)(1 ~PJi U U,Courd. ",-:;j,-,>,- ",~"",,;- "':::'--"- ,: CauncII- !tIFffi\ t1tu.ecled CounclI of the ~I J 11.1... ~ Ji.:~?: ': '.<.-', "'::'..:.'. : . '.<. ;. ..... - Cc;\ol /-.1;.,......... II "IlandIng or 8d-hoC __:to II.'" of the Co.pl.o 11 II. -':,,:-:',' eam.. .. '1Ii/I.l~ The~......(.U_" of,,, Mlilliclpelliy of ~:' ,.' ',::''''.,... ':j",:.,' '"j'';''"''' o . nt~t~lIp"'_tlleheedof"'" i. HiN'llof" " ." ':. by CounclI or .. ,..... aulJlodzIed or .olIicIeI to "lftlllt' r_ pI8llIIdunI8 181 out: In ,d ... of and for the CaI~ "1l4I,ft ,..,..cI of IllllI\ ~~ (:.~,i -)1IIIp.A_1I. i<-j"., ',:h Roport mwMlllIIr .. ... M~.4.__lllJt ';":i I 1 ........ SillllB" 11111 a,.,. .. glICIdI and 11II /lne, ~ b:lude aI &UPIIR..., ' genII1IImaIIll AI_ and....... ......... ... ... 8Ild AIpIIira of '" , WlIId\!dIid fnlm .. J_1l ffi,~ .... be .. b...,-.iIIIlto;J<l'lt.. IIflIb lm.uliILO of ~ CORWlIlIllolll; ""linIlill.l~I' . !Ii!'C-'\ol.......; ~ ft.a.1hRllipe; ..... Alfll II I I nrr. IJJllftll ~4JII of ......NI!.__ ..... n' '" fnlm II. ..:. ',ClOIlIlIIIkIt ..., for IIlI.J Ill..... P11I..dlng F,by tile Ci:il1O . l~ "..~ ','Ii" 1248 , "<'-;";'~v' ;.j-;:;" Ropolt -- . JuIy~ Sol ""-'''' ~I.I_._. ~ 91:1 .Jle"C" ~2 "PurtL .1-' rr-........ _tile PIU' "I,!,~~ 111r CIf tile ~.w,"uWbyCouncIL A1t.:l!flW.. T'flJMllyllll111 to Ptr"dlIlI.LlIlIIlCI Supply Agent IIII8lltJe hjt~J.I_d.mun the Purchlllng MIIl.lu", TIlIBBUIllI'.8haII mean theTIlI88llRlt of the COI.,J~~ . . . '. --.<',".. by Council. /"'~~antF~ r"'--G! ~. shellrlelIn_t~~.Lt by ..~. llllQI.-."lg.,*,. ~HW..lMAt!tnd ~ ,~,~, lIOIIOllIIlI\."U~"I88l.'" appreilNn, .'~~eIItYe)a8. afld anY oltiW~!tnd l"of.t>...<lJlllilI8l'Vi!:et,not If*lfk:lIlly oIIleIwl8e ~ r-o+~~ - rerera to lhe ~ '.!l.~~0i'~ public .....lnatender cal ~ Bid . 8haII mean . bid eubmIIIed by. BkIclIw Who 0JllII1tI1 a bu__ wiIhIn .....MunlcipaIIly of CllIIlnglDn. .........~ ~ . tIld '1I1lIIIII a Wlltt8n oIfWto ~...iJOOCIa.... , I8l'Vi!:etlll'a,~ II!Of'll! oOIlof.., otrI(fnlnt.lllillltllilll8llY. by '. ....CoIJ:IoIIIlIc!n. ....~- rill ""__1.._ '~TU8I - IhaII _,_. t!'lM:/lJlino PmoedunIaManual .. ~ in the hum)' D J tJl>-lt PmoedunIa Manual oulIInIpg aM dally ~ I'8IlIiliIId to .. Jll'Ol;UI\lIII8af fIQIldall1d 1MNioeB. - "-. . . , ,',. ~ ~- .sheI_'-P8I8m18.u.tiAb4toslgn. pun::haee 19q'~ and IrwoIoaI 01\ baIlaIf of the MuIIi ,is. Ill)" conto.'n*l9 tel the IimlIa af the sIgninlJ aulbCllly b'tbe'" of the goods NqUinId. The llat of lIUlIlarizlIld ....... _ ... banlllllllalll8d by the T_. R-,r; ".., P'-' 'j n - IhaII _ the qu If f'~1ft ... ~ 10 term&, CIIIIldIlioIlIalld time of ~~...4.lill, 1lI1Ull 11 "In II1d JlllIIIQIIIleI llIlaIIehDw a4dlIl'Ioe of goad . <.I~ I~.' II lIII, .WId 1l'llIl111111n~ JOCbor. ql 'IlI".ed pel101ltllll. pl'lII" ....lIce lit paetpelforJ 1lti._II1d~fInencleI_ II! I. ' 1249 -".-,,.-. I.. .1 I I I I I I I I I I I I" I I.. I I I.,. I "I I I I I I I I I I I I I I I I I I Schedule "C" Page 3 .,..... ",c 0e0ar:I I." ~ c' '... m8lIIl tile Departmllnts of the MunIcIpa\/\y of ~~ .... lilcIude: TI8lI8UlY. Oerk's. File. Community Serviees. 'Ml>1i........ PublIc WorkI and Plan.t1l1g and OeIIlllopllllllHlI.pI"",enlll: , ,~ I ~I .~ .. .'" I.q <<neIIn any bo8Id; COl,..lsIiDi"o.onwnIItee. body or 1ocsI~II'r~ or exerd&iQganyJ..8I'or aulhorily Und$r any8lJ1.1!ilbF"- actwllh Iwped to '"' of tile affalnl or puI]ilOIselI,~.~!~t T. of/III:t. ~,.""lWl..'fft88na bid subA~by." wllctopetall. a 1lusineaII~ Raglonal Munlclp....of 0tlIJlanl. PenlonaI ,fll , :' " .. ~ lIhall _ a pun:!lNe of,lJOCIda or sarvIces ~Ilr'. if J: lilIIclaI. an ~~ 11_ oIIIaIllI or by any other empIoyee:."CclIll!llJllloil. tile nIQllInIment for'lllllldtill not for the ColP<M.l"or .,.dlla purpoaas but II for the bIIneIIt and uaa of the plII$Nt"~"1 .Jl.the~. .'\IIENDr'IlJI,.,<ia.lIll_ MClkIn6 ..... .... IIIIlndlll See _III! I I ...11 1 lldR,l. ,..... -., rllld 2. 2.0'1 ~"'lf"''!'J;'M~ EI(jIt 1:JI ilj 1.lId 0lIlcIaI of the CarpoqIIon41h811 aubmll to ..~lit J ~ AgIInt a WIiIIIIn ..... " the Iionn of 8 "pUPltlu. ' ~ lIiJn" for the f8Clunmlnll of such DI, 11 11111 '0lllCIaI'S ~hI....lt for .. Goode wllh the . ~ 1""" 'Of __ Goode dlllled in the "Pun:IllI8ing p.~: , ,AftWIlIII". The 811.... of.the' 8IIoaIlion of fu.... . ....~ lli1lIIpl number lIhall be the . j lfll41. Of the 0lli9l'11111 0lIIclaI for II pI.IICIlMa rei 1.. I tutlmllll 11. 2.02 ~\~ .: . 11 ' requlsftIona SI.IbmlltN lII!IIl."". bear an ....,...l).'~r l\n CCIIIfllmIng tothe..,. of.. signing lMlIIiod,y'forthe Y8Iue of the Goods requl!l d, The lilt of .,*""rt___lhalbe meinIlliIt.ed IlrtheT-..r. 1250 - -..-' July 3/00 See -.. ..- SWnmory Schedule "C" Page 4 3. Requeslll1lft behalf of the CorporatIon maybll,...bybealgneled 0I'IicIals for product and 1echnIcaI1nformalIon,c;a~andPriOe lists for Gooda. Each De8ignated0fllQal wi! furnish the PurehaBlnv Agent, such data, specification dataHa and klforrn8lion I8Il!IlllO to the proa.uement of GoQda, and the Pun:h88lng AgIiIlI<eh8IIobllllIl aU linn and/or token prices. 4. The dIIIpcl$lII of awpIua or redundlnt _Ii . r ,ahallbe the PUrc:ll~"AIltIntwh!R~ n.~__.I! perlodlclllly c:kculate . IItIt of 8IIIJIIlIa Ill........ to ... D8plIltmemaedl.oAJ BolInIa whaN 1pfl1'Ofll'!,.. 5. 5.1 PURCHA$!NG PR~nt IAI'S ' "".. I ~ flnlfarenco!I - If In.the d8tennln8tIonofthe~Agenf.lf a ~ msket exlata and two 01' ~bid$ are *UIM llIllt ani idenlic8IlnPriOe,provtded quality, leIViDe~cIelMNY- simIar, then priority of ac:cepIance ~aU be fiI$l ~,"lOc:!IIBid,)f any, and ..,. forB RegIonal Bid, If any.OUll!t'1.i"~ raeponeiblB.!lId ahaII be~. ThB foIIowIng.pn:IYIeions aha118ppty to the j:lIIIl;I1IilIeGf~ 5.01 Subject to anydinll:.tll:ln tIJat may be glwnllom1iln8tollma by Council, the Pun:ihBsInIJ Agant ahaII dalltll.lI.w. "0'''' ~ by Which Gooda shaD be BCqUln!d.havInI" to the' 1'lllluI8, ImporIance or IJIlIBI1CY BllKK1iah tf """,'.lhe .~ AlquleIllan. 8Ubjecl to thB ~ _...."*'* colldlllon&and thB guicleIiMS of this .,....,.~. Pun:h8sing Agent, at. hiIlIhBr cm....wliun. mBYSfi1~llOIoII"'" wiltI YB~ln the fom1 of: B} bIIInkBt ordlIra; b} sIandlng or. ~..; c) COlllracl 0IdenI; d) lleMce fIlII"8BBlellt on:ters; e} sys!ernacQlIlrBd&; f) leaae or nmIeI agr&en18l"; , . proW:Jed, hOIYBIIer, tIJat for indivIduI!lI.. Fa ~lI,.lhe ~ 8ITIOIIIIt wlIIl)Ot 8lfllIl8dlhe ~ Illl ~iIiII...1he1nllle . . . ." .. . --~- -', - "- "",1t4Mllhed by this By-4aw. 1251 0':-"-.-~~ I I I I I I I I I I I I I I I I,; I I I I I I I I I I I I I I I I I I I I I I lloport ~ JuIl'~ lee _113 1Il_' ......... lloport ~ JuIl'~ lee ArUIlI S ..... tnAmMIldI_. ......... x';'",:','C-:',,' + ~"C" ',':.-,.,': ..... :. ;::,;:,~:::; PIIll"5 5.02 ',':,'<,',: ,',:'" uM,.l,.i!~J!I1 '~IL.,d wIued lMIflhr.. MIm..d DoIlIn I....... be __ '" ._e,\l J....., ......' ;:,-__"',-i:_:f'.::',.---_.,: ": ," :-- -.,--' ,,' ." "'.Rti.1 ~tJillllrll"""''' 5.03 The'flul tJ I (lllAQent sh8II be lIlIlhoIWId tomJlllpuld1al" not ..11_ Ten n-nd DoIIln ($1O,80Cl.CIO), If la) a ".n LUll .c1.... IIlII*llle pI_ Of .~a'lI ~ been rlu.u.or:(IJ} wI1eI8lhree MJMlltIte ~or:.... In the oplnlon.....tIle PuR:ha8lng. AgeIlt ClIIlIiot be pIlIClIIeaIy otlll ll-IIl!A_'" reglIId to tile lIl'jjenGy cI tile f'un:MM ~1II~IIlIl.I\'tnf/Ott 8Y8IIebIIIly cI lhe' 'GI;IodI In Ihe ll1lI>lI: I~ II ~I Then.m '- number of jlfk.tol<< quotes.. in "liWin of lhe Pun:ha81ng AIlIIIl cen be oIlIaIned _ ~'" 5.Dot :.;':"5.;:'-" ...... ,.-,at, IIt1lIrit AcJent..... be ....1 I f to .... P'-.II'. . H_ Tan TMtI" 1411 1m, . (StI,OOOM) bul'.k'll J 111I111 Thlr\' TIloIlllnd Dllu jJ ttJO"ooo.oG), Pi ,nrnl't ij " , a)' ........ or __ <II' lJ rlJi<6 _ _lived. ..111I I . pIlJlIl..; , b) "I" IItIWlpan"'q\.l rll>\..el~*,.~ c) '"M'm<s1ll1l for ell ~ .01_ _ 1II.I.eeI for , U ,. . by lhe TrfNIIIUIW' or......._... oIlIc:lIIIII for ~,;. ~"'1lI 5,05 f:I r . 14, Jet '/III'IIllf8Ph 5.04. ... Puld , lln. Agent .... ... U il".,.ftlIport' to Ihe lIpplIlj IJ~ [)' J~ t J 0IIlCIII P 'l!l;l;::.' IIal of wrtlIen qlM 1L,...reuIJ'lld . 1't'1 r ~ ~ .~. far awenl. The ~ cI Gaoda in _ "','111m.... IUbject to lhe a~~ D8Ilglllllf CIIIff I~ rllllll. WtMnlhe IawlIItIWlponIlible quolBtIon is lICIt 'II Jf~hll' wIlenllhe JcM8Il .l41..... quolBtIon , <<~"i II "_"'U"-~.lhe PI"-~ r .AgInt.....1n 001 II n II _lhe 4IPP\lPIlIll8 0 11 . \ 0lIlcIJl.1Ubmlt a RCII*l_tl1' I ~.f I ..uor CaurIIllplO,Ill..... ofwrille 'l' . l' ~UljlU~ wtItI nICCIllIlIIIlD'rf ,j\I fw.-l. The ~J, n:;",,'.8aodll In _ tIIl!8llon ...,.. __ to C;;.JffU_. CIluncIappIUYIII. 1252 Roport lJlll-4OD ~3100 s... _1I5 In_, Slenmery Roport I!JR.43.OO Jo4< 3100 See ArnMdl._dll8 In AmelIld:l4l'll llummoty SchedtiIe "C" Page 6 5.l16 MAIlP'--_L"IlIlGt~I~IfJIW""'Iw_. .. III ~ml of Thirty ~ Do.... ($~00).....1Ie by tender, unleasotherwise deWnt.inectJlftd ~~.,b9. RMoIuIIon of CouncIL. 5.07 "Under the ,dIrIclk!n of the Purch..... Ageftt,the' pet'IOfI(l) authorizeII to make pwd 1'''i.O!lIlIIl...oJIIte ......NIftt "of PublIc Wotb, Fn..... ~lII:) ServIces, !MY ~ V8l1IcIe PlII1a neUIIIIIlY'to..mtaln the Col:Pcw.......... whlclel.aubjeottothel\lllll!llT1lllg: a) that the ,value of IlIc;h ..,...~......... ,not exCMCI $1.000.00; and b) that the ....ncy purchaae .........119 thePu~ Ag.m Priot to...... to the ..~r.. 5.08 ~' OllIIers'lIhaI not be spilt.., ... ~ the lIIIlIblIehed I'neIhOd of purchase and the ,doIW.limI\IIln1po!Ied , by IIlI By-law. 5.09 Subject III the provilIIona of ThI......,l1.ri-"~..... of tnfoonllllDh. and..~.,AA.:fJf ~of PrIVIIcvA$t<:R.8.0.1880t Chapter M.56, no Corporation BI11pIoyM norany~ Of Coundt8hall divulge plices II!IC8IvId for lIny~~ <e) the lIlIaIbId amount ill the C818of"lluMc ....... and (b) the lIlIaIbId amount in the caaeOf"ll4laled bid requ'lII" lIhaI be dlvulgecI on~ NOlwllhltelldillg thIl StclIon 5.09.... prIcl,ia~ d\IJlnQ the opening of teRclels~ that ...,PM of the CorlIGt.....,.. P8I\'IJ/IIlent I9OOl'd and mainlalnlld in the ClIIIIc'I ~ shall be made aveiaIIIe III the public. uponNqlJt8t. pIIIlIII8nt IIlthe~bll of the Municipal A4. R.&.Q;.1flll1). Chapter M.45. 5.10 NoIwiII...4.g the proyIsIons of lhIa By-law. _ ~ of Gooda for eIlNllgency ~ may be ftWle by the Purd1aIIrlQ AQent In cln:umslancIa wI1It:It..llOIlld .-lit ill IXIItly ~.I1mental downtime. dangar to _.-.dIoo ~ dallllQ8. In" IUCh -. .. Repod.Ihalbe.;"'lolnIIttly the Ouigllated 0fIIcIe/ and the ~'Agant to the ' " 1253 I I I I, I I I I I I I I I I I I I I I I I' " " I I I I I I I I I I I I I I I I I - ~ -- S. "rfll,'N<II. k\~.~.:d. .AA -- i^;._;;;>._ Sc:hedul8 "C" , ',Pllge7 ' c~.lii' n11..JlIrIIl{or Coundl, Ihould___or the purch8Ie .. ..,""idBI.. utllbll8h8d wllhlnlleSy ft. In 1be . -1: ,.:.. PvId1lIl.Iing Agenl,~ Bill far ~ ptl!.U m Illllii&le IlllIde by . trq~ 0IlIlllIl8lld 8Ullh JlIIIctliu.:. ....Iulid by . purch8Ie 0Rter I8Iued by th8 PlXiIl . i ,i. .."1....0011 IIlIflOIl8IbIe. 5.11 <'1 . . D , j,~~': t..... . The ~d.. IJIlIIhod of pllnJi;JJ~li,,;_ AIg8ld to find.. wlIh ollur MlInl<<~s ....".~,.:l!r d. when ~ - ,II. _ 1lMl"r , The pi .1[( r....: 8lId....1nQ "'~dlle~ '-Tn.. ..~) 1heII, \lIIre pIl i I __'CMIt1'tls B)'oIeW .J' n ,l~*, c:aIlilg, IlKIMlIlI_ C'JlllilllOof 1he tender dllU,JU", S\IIIuqllent to the lIpIIl/nt of \lie tender d~lt,tll"'U."'.m..nd 001 IIIIIlnt01."" lIlteIl ..~" . '-";-'.:,' SiJijil U ...Ile CommIlIII6 andior CouIlcII .....VriII, .. ~.l I(llIfOUpl..by.a-8lIdoonr-1'tj;11IW111h1Nby fi I......... -,~ 'c _ ,~, ,,1.( 5.1Z ~-, 111 ln~'_ ~ t'! '-. PUlclinln. ....1Ie ... II 'I J'IQ'.,,,of ,""G r 1B__.~'f1ml "'''IIRI .r 1 1(:.,,1111 ,let or .-IIIcI C..I_1Ie .,1ur 1 r, 'I " J:l'I'"'~:''' -*' ePPIr......., .ULillll'......... or" .r".mm" WIII!n; Ill, Il$I"~ PRlP I .... &Ie. IIIIIIId by puIlIIc lId'ii. " 1,'11IIIdIDr1m'1MI~-.. '-,)1 T ..,IIMlt'IIIILIilIII....,.,lllnl - _tobe 1111" ~:l:ttd 111ft' Agent.... lie TlIll ' h.:;J1 to..... PL .U IH),'''' the propul" MIIIwMI ..... ptIRtt.ss mlllllln.1IIIrty "~TI''' D.~_ (AtAlia 10) PIIMdl" _,,/ill Ii r pOIIllIlI .... Ill. il 1 .i I IJR. _ ~u',I~,rt1Tt._1n _._ rTlfl wIIk." DI 111111111 011.' I, .'fllJ t1 lie s. rl rr , to 0.. Ntu .... er'.,IlllJ"iJ,~.".. IIal of IIItI _iwiIL flU" I...... f .. . .' r~ 1 II nl ..... __ ..... """I . of Gooda In 1I..tIl. ~., _lie atlllJlllI to CUlInll,! ....,..~lII'IIII -11l1~W '-''''.-''-'-- 1254 ~"C" Page e 5.130-....... ~..;,~ r ~(\. -'-1~ lJllJI" M;"~ Itls .....I..d lhIitCoMII11l119andPr;hl...SeMh.WilI coSt.... than Twenty.FiWTh-..id D.l'lIrJ:I (l2l.lIllO.OO) and funds _ provlded .. ddned IRtI1eliflPtOprtitl buIfIIBt, thetmllatlnt o.pnn.nt mayollitllln tI1e .....~ . ~.ls.estlmat8d th8t Con8uItInt... P....... Ser.... wlIIcoSt I1lOl9 th8n ~TIlou"11d DoIlsnlf$2l,OOO.GO)and fiHlde_ pI'O'Jl. d ....1I1~ In the. IIlPr..... IlucIgM, the PUrr;t ~t~...... . oIIitIlInwrltllftpnlpmla" lR"nrl.~III.__ _1M DellIOAII..11 0tlk:IitlI.....1t . .~ to~DlllA 1ft.1 .8l'!d/Ol' CouncIl pnMdIng . lIet of bid. ....1l1l...~~WItb NC/lIIIIIlMII.II",..for...m. 11Iepwolljjllof_..'!n thla ~ Will be .ubJec:tto~d'l Il!ftd,lefCounllll .......... All <:-40 '* far c-uItIng ",'14n lihl.......... -- ...than ~. 'tll(~1 ~Qan_ ($2SMIO.GO) wHI be 1lY. fonnaI.......I. .sItlMdbrthe MaYOr-Clerk or .punlh.......>....... IlY tile "'... 11"'.~ 5.14 F>emQ,~"'1~-- -. No ~_ll..~be~ by tt\eCOl'p<il U~ forMembens afCclllnGl,otany ~ membeI. of. ~ of CommiulDllaf ..~ for . ~m!he Corpo.o!ltL.1. v.... .pIJIk.aIty .~ by CoUncI, 5.15 ,......- of Illl~~ . No ell. I cYI' .f!I. ..~ Or llembel 01 ColInclI abd llIdon .....GfGoclclaaMetlt u-. *P<tlldollly plIbIIc lIliclIoIL 5.16 1de!!Ilo-!ijjlII. If in !he d..n.liIl1l1b, 01.. l'urr-;tr . ~ Agent, If . OOI\~JlIlIJ' IllIIIkIt .... and IlIIo or lI'll:II'e bI* recllillad - IdenbI in price. pItWIdad .~.. _. -llIca and delMlry _ airnIIar. !hen priority of ~~ ah8lIlllllIrIt for. loc:8I8ld,1f any, andlhen for. ~8Id, 1f any. and olI1ariJla, the tinder 10 llll AICQIo1IlMIlldlN lor el"'illl ""'a1lllll llll c:IedIledby _ of. cbw. TI'!e li'i~J"f _\0" IlArT.1 ~ IimlIar bids ah8lIllll nolIIId -_trY ,lljj.U .... llll pI-.cI In a ool1ll11l1l( 8I1d !he name Of 8Iddar whole 1 255 I .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I - ~ JUy 3100 ... . MteI...... -lftMA..14....AI ........ Schedule "C" P8ge 9 1WIXllM1eIIded for ~ ell8II be drawn .... .. ....fXlIIlellC8 of lIt\["rl twlJwItIIIU.. Atrf , l"1!1{'.J~c. d~Li il'llllo ~ prII .."lIt the draw maY aIIIrnd. ~"i.QIddllre/8QI not 10 be 1'8,UII1ted III the drft, the'" wi fIIIlCll8CI F'lgIIdI.... -. r,' 8. ....mnn r"'QEEDI~ _illf4JI If .IIprllClIl IreI .....1Jtlt~ ... pw'" m by "" tf'!,_......... _11 ..be In. 11 III TllIlty Th .11 lllf~ 11+111 ....0G0.t0)." 6.01 .. '>-J:.... f'i In \ ,.. .. ....... be c:aII8d by PublIc AIMIbment. unIe8s .Ill L"~1I4If1l1l~ ""CouncI endIorC0.4.~.1l . 6.Q2 ,_,c.'_': Tn1~n.?lI [nime :~;:1l' :.,..cIeIIng 1im8e IhelI be 111 ",Vltd by the 6.G3 ...<.-.':.......:... ',>,-.: :..'.... ','i - 'Irnm 1'~~-"'~ ftlD~ 1lliI' C, I r '" IIl8II IUppIy ...... -. .m1l.1f8II to II fl. ~ ..' m lI!~h": a} ~,"'0DP'f of the oIlicIeI tender fc:lIm' ul.Ung 10 the ;~, __.CII8d; b) '., 1 .....-. tender_~appI.r . ., "-hdlid. c) 1:11 tH. ~~.1IIlIon, l.e. pIeN, ~Ie, .'~ III l.&: . cI), "rJl!illl. II r,t.'nlUu.....Ior..... docum.nll. . "pr~,"""" be peId .... COl1l.t..!lIlIen .., 088h, , ,C Ilil, I~""'. .... drift ... _.d lit 11tIW- If c . J1I It:h. refundl .... .. '....... .... elf .', Vt1'ilIl........ dnum." _ relUII..M 110 the , ,,,,,:: " '1 .. goad 011II n. n. 6.04 - r' ni1lt<:'~afT""o(.W' " ", ...ot,J!~l'ICQlI8, 1N~... Ill. BIddel,..... be 1lloII.<ll4.d by,"l'I'Jlr'1 . ~1igInIwh8n ...........If.. LI rtaI. ,.. ..... ~tn 1 rr_ fecalrille ~d III Jllt'II*tJe rn: .......biMn N,ll .fif',ll.arwho......._ r11d .. c r 11._'-' Sec:lIDn e.G3 ..... be IllOOlded .ItlI!ltRJ(mi *._'f#rrr-,dlDflI 111 n. .11111," .of8ddenda _' IfnI, ar1D._.hll'.-.....,UIldIIrcel. 1256 ".' 5di1du18"C" PagelCl <"" The de'I8miIttalIoA of I8lIPOflIlblIly eIId fill ~i !I!l: iJlIoo of COlIII...... andfor Bldders sh8II be decided bylhePu~1i rl II Agent, In aII_. 7. CHANGES]"O~ ~RCALL 7.01 ~& .a.lt",-~ AddendIJm In!eIJlI~ ofqulllllllcatrol.shelibe~"'lIlerolln of. wriIIIIn.~ AdcIenc:tiUI8 neOIIBIIIY.*>rM., c:IeIele. subelIl!Ite or ac:Ic:I . to tel1clerinlt. Illl11iariel ,~'CIIII, The Purobesfng Agent 8I1alI appIW8.the ...... of. ~Orthecal1Cllll\ltiOnof the ~...; 7.02 ~llJfAc:ldendatoA~ . ,,\, . . If 811 ec:tdenilum IIClIlcIt as afore 111". pr~j~1f it1Q.. to allow I1OllIkd..lbytqltk...d1lllll prior to"tIIndIr.~ lime, in addllil... to mliIIlng the nolIllItitlllQh~8kfder , sheI bellQlllled oflhe rNIlon by .11L1ll"""'0r~, 7.03 Addenda.........., .....ReceIDt -ofTendw Whent 11118ddendum is relmlr.tln lhe.~ willetJlnllle opinion of the Purd1asing Agent...reatltlliddllf'a k!nd!W. lIIIl8lldlllWIeC8Ived and deposited _ to ""tIInder~ Illl!Ybe~ and lhe Bidder .. beOll!M .... MlQf tender docurntlftt8 to be I88Ulllro_,:1 f~'J ..... /lDml!II procadunB. 7.04 c,..'M ..,ofTfIrl!l8I:UnderI'.... 'The PurdlaslngAgent _lhe JWlI..CIInCIlI.... und<< call as /8qUInId.' The pIllClIdlRfar "OlIliI!;lIUon of BIcldIrs of a ClIIo(1Jllillon ehaI apply... IrtP....~7.02. .AI ....donl reel~ aIIer car- In Ihn .. be i'IIl\D'IllId UI1CIpiIIlIlIf to lheBidder by...... II1II_1" f'I'''i.of lhe CW.c ,IU tn. 8. ~OFl1!NDER~ All8lldeta sheI be Slb.IIUd to lheOlb Qfthe~tf"..""'be '",,, eubjeclttolhe.....~...<< <. '.. .' 8.01 'The ClIl'I8c:t T... Fomland ll/1Y8!Opa1....~......,. ~)..lIlJPPIledbythe CoI~ ~...." 1257 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '~~iSS3~i-~ :;}~~ 8.02 ",-.. ;,....,;.'i ., ........"C" .:.;;;....,.\ .....1l . tnnll_" ~...... _ ...eI\!tlJllii to Ihe oIIce oI.'''':IIlIorto 1he1ender"*'1ll 1tl1l )' l~.for ".11I11, ''''__f_'''_-'.'<:.~'_'_''' -,j.;'> 8.03 r] :Ji\iIf ~ r .Y of any tender IIIlIII be . n I_hod by Ihe CIIltl1ll'~rt11118 'I ,'{'""-y''';-,,,',,; >"j:~i:->.>; ';- -71::,;';(:' ,,:,,",""'-', 8.05 AI',jli '~"'~JIJIldbyIheOllioeoflhe tlIil._-._ plaQlId U1"lij!Jl. m:iI. l'I'!!' t, lacIuId n l"~_'" IWIIlIln U1".jl~ r ~ ~hlt...OeIk. . >""-"^'. ,":"':' 8.OCl Alt'I:U:i,~ rill 'I. ........ ....... dcleIIW lima 01' in Ollw 'It",'~, ... .. .tope eIIpII'l t.. _..~ by _.IC.....flDtbedepa....;in...~.. llIe :':.:,....-:.........-........-.,.......... ..... -. '.-' ..' ,'" PuP~ 111~..'tlllllllbellCt'il.dof...-.nlil!luJt...nd -1rU IAifrll'llld unapellld 110 "fJ~ddw.;_ .IJ nl8d by e' , r.1lII......"not"Oll'*d". ..;i<X.:-;/. 8.()7 :>;:;;c:F- . 9. ~~.. . 9.01 Al1Hf, '.,'Mbe.........lRlnkor.nl. .. '. .... -"-"<~-"'---"'-"" ". 'if{><:< 9.02 'AI{~;"be!lld""""'~" 1I1I'lI1 )fIld in_ .. . [,- fl'...... ",J,>."":"l".,II", ">~" ,,"" -,'. 'J;", '" " 9.03 AI. Jillii!-, ,_I~Ji1llrl unit pdcee far aach 118m lIlUIt lie cIeal:Iv .......... ~ :;fj*i:,f,;;; ..;f2.58 :,~~).< c,';'<-"',:'~- '~;",~,,,, ""'---;" ,'., ~"C" I '1" . .",' I ,I I I I 1 I I I \ 9.04 ,Pegel% ~ "'iIanIlllt COIllIlinany 18Ilflilfi'e the !8nllettle quaIiIIed by sepIII1!te /tiller. ': ..",.....;.:-.:'....'-..:...., ;:~<.::c: . ..-, ,-, .'. -', .:-..... noraen . ....~-... - '''''.""f'... _. . 9.05 UnIest SIl8cIfied ltl ..wriIln9by' the Pu~'IIAt,,f,gent.no ~lDthetendetcloc:umenl8 "beP~J..~ 9.06 Alllendena IIUbmiIled must be eignedby an ~ .1 '*... and~the _ of a Umil8d Comp8ny,,.. the CClIpQiA 8lIaf lIIIllIad. 9.07 AI ....... _willll'll' .1I.c; GUI\I 8I1d Glt\eI:.., lIIteraIIon8 Nerted in \he BlddeI'$ '"' Q .......~ InilleUed by the peIllOn IIIIlhorIzed 10 ell8QIle the ,~~~im.. on IMlIl8If of a BIdder. 10. ~,.-..:nr ,D1q8 All tand.... .... lie UCDI.lpMlld by. In II aJl "ulln. ~..... ........1llInt ..-.111..... All _lie.. ,..q_11ho, Illd lIepn'" ....'..... '.rll.~ IIIJlIl'" made /MIl!11If1 to "'I'M CorpMMlOR ., "'lIft 'IIcfja11lly ., Ck.r',ltJltt".. aha111le .....tIonn .,.....IWl....... b." dnIIt, IIIOfIIIY __ or.... andahall_endlnl,Jt ...... _.... envwIcItM - ...1iIndaI.8Ict...... altaIl.~l m din- ~ wIIh the tolIowIng eche~" ....... ......... ;:=~~..... ~~~ r~1 .. 2O.ooo.GQ or \..&88 .. 1.000..00 . .. 20.000.01>>" !(l,ooo.oo .. 2.ooo.oQ .. 5G.ooo.01lD $ 100.000.00 .. 5.000.00 .. 100.000.01 tD $ 250,000.00 ' $10.000.00 .. 250,000.01 tD" !iGO.ooo.oo $25.000,00 .. 5GO,ooo.01 tD $1.000,000.00 . .. 50.000.00 $1,000.000.01 tD $2.000.000,00 '. $100.000.00 $2.000.000.01 or OVER $200,0.00 When bonding 18. GllIIdllIon of the tender... """_..oI.cIIl&:lnd ancUor a labOur and MawlaI Payment Bond 111 ........111 aslll.Jd in the 1BndIr doc:umenI8 IlIUIe be fuI.......d by _8iIIdaf_to _dIan of the ......*-1. BoIh the 8MllUnt and the foIm of bond .... mea. ........... of the Tnl88IIW. I I I I I' I I. 1259 I I I I I I I I I I I I I I I I I I I l/CII4lduIe "C" 11. P8ge 1S WIT~~~~M:R!': 11.01 ~ Ll jJ/ltlngatenderCllll onIyWiltldfalll!fletenderprior 10 "doIe~""", Requeeta I8Cl8ived fallowing \he dose of .~wIII not be eccepIed. 11.02 ~. .~ .,Wllhdrawa tender may do lDln vmtlng and dtliwlIf....Io\heOlllce d lite Clerk; 11.03 All ~1 . I ~..""1WM prior 10 IleInlJdep D .11. d In IhiI tender boK',-lIIlumed and lite wIlIldra... d..liInder acl. fnrlJll,dlnwding. 11.04 AII~\1lII ~.Mld I1IIlIlIng 10 tendenI..hIiltln the ~~..,.. be.depoeiI!Ijd and all of thelllllled dH.I.4l.\!ii.~lIl11l1med UhOpenect..... li!nli.... ~~ 11.06 Wlll'....,''''''Durina Ooenina .During.tInder~ lIt"~'I"IDftdthe nI8dlng out of ~Clft. Clll/llrlId,the _mr!)~wIlhdr8l111Y of .....1'8Il~teIldera on olh!II'itl:l.IlI.. .'. ,...... . wlIhdIhtl UlId8rthl8.1JRlC*lt;n ~_'iI.l!IllItlId. Thlt BIdder IIIUf;t ... In wding 10 hilInler.1dInlIlr end lIlali8 the ..QI..,.;l(a) On which heI8he d l.b~$ fIiI,""'.:. A NOIlce ofVJlIIdJ' If Of Tender IIIUf;t be.....i~...PIOI\XIctI1teBiddllr.. ThII.t!/OIICa' must be h8IldIIjJjJ1J;iltCleltlor I1leIherd.1 illl . ~ lIle readilll out d. "1It~tInder ontheCOlllnll;l(arlo whiIllI.lt IIPtlIln The ~ClI"__ d...gIIle 11I8II IIlIlIch It IIUIte eppiGIIble ..... . ....oIIIdder'a name Ih8II be.lIIIId.. out_ I'" be .lIIIfi .. .Y:i1"-1he tender has beenwllhdlllllM In lIOlIDtdarIce ~,t" 00llW JlIOQeClIft.. Thltbld amGIllIt of.. tender 1Ii....-.....dOllt, 12. ...l"-lo-,..~j~. ~,;;. ,,~~'" 12.01 AIlJH"l1!~beopened ~Ihe CIII\IllI'.....l'ilr II'" In Iheprt..I'\Cl8Of.....OII8~ t'arlhe CoIpq_, IUId the Puroh..II.....""blIIhIr dIIIDIlI..bld8dU1y,..l:h.d. 12.02 AIlyIlllill. cr. J I*IOIl may ~ 8 TllIiderQpenlng. 1260 ~'C" Page 14 ., 12.03 . Where tl!IOor more tenders are caIle!J'fOl'llfl\e lilmetime, thetender8 shall be opened in numerical 0Rfeir. with the Iow8stnurnbellld tender being opened first. 12.04 Having Il8l8bIished the Older of ~.the Clerk or hisIher delegate shall remove the ~..~the Tendl!l' RQptacIe. 12.05 Where. tender cannot be Identified .. tothellU\tlor or contract number, such an envelope lhlIll_opened end the documents placed with the appropriats 9FOUP,ofl8ndels. 12.06 WIIerw . c:ontIlet exists In respect of the envelope and" conltlnIlIas to the contract number,the QlllRcInumberon the tinder documenla shaII.prlMIiI. 12.07 WIw181 tenclerBhavebeen SClFIed.qpened*'loillhdl....n tender8 ~ punsuenltoparag,.pht1.04,ItIe~ shall ClllI1plII8 the .....rnber of tenders llp8Il!ldto ItIenumber of tencIerB I8llOFded In the RecoRl of Tencfel$, 'Wh!n a diacn!Ipani:y exIsls.the ~ Ih8I be.~ unll" tendei'S have been lICCCIUIIled fOr. 12.06 WIw1 all lenders are accounllld for. the ~GI' hIIliher del-UN lhalIannounce eac:h tenderpullllcllyinthe following 1l18FIFllII. I) lIlndernurnberIll1d8l*1IIc~; H) Bldder's name ~ locallon; ill) bkl deposiIllI1d bonding Ieller (lrFllqUlred); iv) total bid amount. 12.09 Altenderull" be checked ., dltlmline" eac:h Elidder has sublullllod one bid only. Should more then Ol\e bid be 8llllmI!!ed. ~ ~bid eubn1IUed.1hlIll be"""''' be ~ Intended b1d,unle$s one of the bide... bien WlItJIItaIlm In lheFll8lUIeI pnlSCItbed'InSeclion 11. 12.10 F oIlow'i1gthe opening III1d IlICOFding of tend!lrtbythe Clerk. the RecoRlof Tenders shall becblecland ~,AlllollhI9necl 11111 Ilh$ to.. feel. 1261 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Scl'lIllIIe "C" PaIge 15 .. . '-', . '.......,.,:',;'.,,'"', ':-',.,--::"::. '- 12.11 W.._..-.,.ot1heClelkancllllePt.,.~: l'lgf\gllnlor thIIIt~ ~rr'Il.flOdIaIogue"be jlII...llhhillu..,.ct to the Ih,; 11 ... 13. VERlFICA....... '.' '. ."..' "~.'.' . .." '!7~'-';':" ,', .. '. AlI~_..;...1IlCI to \he F'umhlsln..- who sMlI ensurethlil: -:...-....:. :"! a) c. :11 'II! . J ~ camply wIlh \he tinder ~L i 1ij1l8llll; b) .....ilpdciatJlavebaen ClIlJIllIIy 1IJ tlnd. d. c) 111111 ~.. have baen ""-I 1_ MlIIllliS; d)UIil.... stIaII govern \he inIenIllln ofllle_ In \he . ............eIk._. 13.'()1 hM;f1~_ . . N\'I ,.. \het ,.. to meat tile I 1 llllllhld aIIIria 8halI ,.1Iia I!IIK to ba "iInpIope/ 1lidI". anrfbe eubject to "~lI.a.'IlInIlion by tile A./d . iii Aglntfor lhe '....'.., ,of ~ \he..... ddlItect_llaiMlCl R~ 13.02 '~T1 i Iml ~ . 110._, !If BIds " M flU... 1M ntjecWd \het eAt: ..) ,'1lIClIMId after lhe tinder c:lo8IIlII time; ...... ,dlelilncl In oilier 111M lhe ~ tinder ,'em.lit~; Itillt... not -.1.1.' In Ink or by ''* rtIIr; In-.lllll IIIld do not ~ wIIh "oJ '....) '-~;'-~~ " ~.; . .' lWIIril:tIiIlI or -*In COIodll11ltlel .....,....... which _ _lded to ... the'fDmtor imInt of , ... tinder caIId by tile CoIfi' ...... f} '. ....lid wIlh impR.~..l1, II !clIlld dociUmanls: " '. ' ,'llIIICCIIiIl~ by bIlfIdllI, fllclumeIlIs or bkf . . ~ 1l1li whel818Cf.1i8d. 13.03" ,1 t . _f\.,1lI nrlllQ Agen!1TIllY ........l1li : IIlIIIICIOIlIll .,' .. fl- bkfwhen: 1262 .... In'R-4OO ....,3/ilO aoo ~. 4.._lt. "- -..y ScI1eduIe "C" Page 16 a) \he"Agreernent to .eonr 18 lmproper\y axacuted: (if \he bid 18 ~ ..I'lefshe may slow a period of lime to have the "Acll8emeI ttto Bond" lXlIT8cled) b) \he ilnveIQpe Is 1mproparIy8!lllled: c) \he dQcQmentsilra iIleglbIe; d) \he envelope c:ontaln8 an ~bid dlIposlt; a) .\he ~ exlIlrlsipne COIdlIIII\ grtlII8 errors. 14. AWAItD.j)F TENDERS "The Pun:lIulng Agent ahal' ,."... tile ......_01fent ~ In ~ with ~ ..-.r.I'/ftflolrd ..uRder pel'llfP'8Pll5.. for aII.1Mdln ""'118II under....... For. 1Mdln - $$0,0??.oo tile ~"'I.l .aINtII...w.w tile ,.,.. wllltcIIMI t/epaI1mentend """"l8pOttfO" ~I Purpc....., AdmIn,'-." COllQII_.~C/IUIICII. Whent ...tandei' ___ 8ll__ tIle-'I~1f"'t"'OIl'" repart..... 0GllllIIn lIlereqvlaltelllformllllon ..."lIP.-..... IIOUI'C:e of addlllo._ fimdIng. Upon appnwaI of the...... the Ptlrchlllng__......... the llWIIi'dand.... a PunlhMe Olderln .-c1....IKIIlJ....... con_ona of tile........ 15. DISPOSITION OF ~DDEPOsITS Following the lIlIJ8Idlngorcar1i:!'.lIonof.l8nder....~. wllh \he ~of \he tow and 8lIl;ond towEtidderail.1he cate.ot an award..shIlIl be I1IlI.tmed to the unsucce UfulBkIdn~l1rgI*,.1M me.. or If picked UP.'**Pl aclu1oIr.1edgedln wriIlllJI..The..IllhAcl ~ WI! be held unlH \he COllhod is executed (IlIl!l16). 16. EXECllI10N OF CONTRACT The 1l.!C('BllfuI BIdder llhIIlI be alIoMd ten (10) \Wl!Ido'll.,.1rixn \he dIIIa of.1'll8iIii!e of \hefonn of CQlIllId to~ and ~Ihe aame to the PI.IiV 1.1 IQ.AgenI. 1263 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I S\ltleduIe "C" ,,, ',-'.' ,'",-"', .::....>:.;-_. The Ma)'Qt; ~~ .8heII _1lII C.kl.ll Glean b8tl8If of the Cotpu..._ ~'IIIqulNd. and . 8)'", -..lI.ulltlolllthe -..don of lIIId1_JlI,.~.wllil be ll!lPItMld by CQunc:II_tothe~d the o.....by... oflhllm. . "-17 17. DEFAl,!Lt..~se",l(, moo- If the ~" flll'......to tlIUIllll..4:Wl.tlOlCtor....to meet any of the ~, 1.IJAID of the .....0.4 ... the ,.! IlrIW~ time. the tender __II ml1lledlothe 1IIIJll1DwIIt",)or lllII'icel.d In the ~~'. 18fu1 B/ddeI' f8Ia to .n.~" finaIIII8 andIor PRMde .. f J I nJ 11I1..... fllI" . COIllIacI, .. Bn.;:r'I ~,,) wit beblJ"1l11 18. "'~... NotMltl . . ~~,.,.o.ilIlDi18 of Ihle e,.law. Ila COI~'lhnal1llll h1M1811nlliill ~rj . IInlnlla Bl"JUSinQ ofco."'.....ftIllIIn8the " --'''--''''',':'';'-'''--.. .. " .. ,',,'" ,......" .." right to. Hf I';;.rr........ BY-tAW".~ ~of .1894. BY-lAW".,~t'n""I_ ~d . 111M. 6Y-tAW rwd.lIU~-""IInaIy~1hIe dlllyof .1lllM. MalIllf CIaIk 1264 I I I I I I I I I I I I I I I I I I I " "'-"', . . . _..,c'::................ . " RE.. PO"'R T ,C' '_' "'-i' ',;' ~:"."< )~ ~';:"-""" -'" :.":<,; ',' ',::" ,.'-',-,: " ,"'-', .'c,.._....':.' '-0.>'_.':,; _.,:_. '. . ..: . .,..... ...'..... <. -', --' / -:::-'<';':>>-: .....';,.: ~TESERVICe$'..ARTM.NT Meeting: Date: GENERAL PURPOSE AND Jl~TION COMMtTTeE, .' --' . .,".; /.,: .n. 5. 2006 ~ #: COD-028-06 By4aw# File # "-.- .,M'" '::> :' . . . -"~:_' ", -' ," '. - . .. .' - - . . .....' -- Subject: Request for Proposal RF~~Arcbitectural s.mc..ffewGastle Branch Library Recommendations: _.c,_, It Is respecUylly recommeilded that the General ~__ Admlnistr8llve.~ 10 Council the following: 1. THAT Report-C~ be recei'Ied; 2. THAT the pIOf:KisaI received from Stl<laItI:.- ~~ AIdlitect$ L.kI. KlngIlPni:ontlIIlo bein; the mqltresporl8ive bidder meellng a1llem1it..flIllIlll11 nsane! specIIlcatlona II Rf.l.". Prllllll II RFPfOO6.4 be awerded the conlr1lc:t for_~LJJlt!....... of An:hitectura/ ~_ \he N.V~I"" Br8I1ch LlbraIy with an amended bid of .~~Q&(exduding GST); 3. THAT the fund$ reqolred be drawn from _~ .:. ~# 110.42 .'40 86510-7..&1; flIId MM\NTII..A8\kll 1265 COO..o28-06 BACKGROUND AND COMMENT Page 2 ~'.^ ^' ;~C~~~l]~J(~r<(l/ ""_;of A Request for Proposal for consulting service$was advertised and I~ foI'the ~ Services for the Newcastle Branch Libnlry. The following is a tabu_lion of bids submitted: NEWCASTLE 8llANCH LmRAkY BBA Barry-Bryan A$socllltes (1991) LimiI8d WhIlb ON Ronald AWde Ard1il8ct Belt1an ON ZAS Archlleclalnc. Toronto ON ShOaIls and Zaback ArchItacIs Ltd. Ki ston ON J.F. Frealhy Archilllcl Bowmanvllle ON PhUllp H.~ An:hltect& Inc. Toronto ON Teeple ArchIlecla Inc. Toronto ON The Ventin Group Ltd. ArchIIecl Toronto ON Ch8mberlaln I'ssoclale8 Ltd. MonlgomeJy SIsam Toronto, ON Note: Above prices are estim_ bend: on....lI1lIted d1~ ~CG*~.oIot1"'~.1. Representatives from the Library, Corporate$ervices, the Ctlief Ad~tJPJ~ Oftk:er8nd Purchasing reviewed and scored each proposal based onthefollOwlng ~; }> . Previous experience .COI'lItn.ldiorIof libraries and Sln1IIlIr pWbIICIlUIIC!fI'Vf }> Experience of Key Persormel8ndS1aflOlnvolvement }> Price }> Working knowledge in Clal'lngton andOufhamRegion )0 Ability to complete the project on schedule )0 Completeness of ~I .)0 MethodolQgy of Project Delivery 159.245.00 . $178,OQO; . $182,500.00 $185.550.00 $180,(lOOJIO Rejeollld not $201,450.00 I LimiI8d I MIll & S23O,8O(J.OO $221 ,50@0 As per the request for proposal c:tocurnent. theconsult8nt seleclionwould be~on the ~ of the written proposal, a potential interview and reference checkS. 1266 I I 'I J I I I I I I I I I I I I I I I I I I I I I I I I I J I I I I I I I I' ';.- "-E(~:B'~:';; . \';-t~-' - ;;:-.>;tk1:;--::~f;:~';;;, >',- - ';~ COO.o28-06 3 ,<;....;. ~/^ ~;':;.),:>:_'.::~-;',,:,<:"-' ."---: :.: -'" . -;>:',,,:-,, "::-'-' Upon M_..J...w. of the document ' "~_ selection CIOlrii\ill'". 'tbtte,fhlftS.Zas """.........;..... ".:,,1,' " . ArctIictects Ine, Toronto. OntarIo, . , TOfOnto. Ontartoand SNl!idtS and ZaQeck ArdutectsUQ. Kingston, OntarIo were seleot.9l~jitllM81NS.. ,,_ . _. ,," _,' ...n,'..- "-,,,,-, '-",-" ',':'_ <.- Staff was impressed with the coverage of _,~ud $8I'Vices. propoI'IeI1tf' ~ and enthusiasm for the project. Team ~,,8ttendaru:e at the.1ntervltW and their rOles were discussed. Refet8nce checks for the_ttut~ were excellent. In joJ I~, the subject firm was the architect for the BowrnanvIlleUbl!W~ .BranchlMunicipal AdldJ.1tl..... Centre Expanslol\prqect. u.o" \.H',; .""".,~ The Propose! submitted by the subject firrn'~liIt~,l~\ amended to ~N to Include the provision of a cost consultant as well as,,:,to ~ for a firm fhced fee whIc:h lnc:lud8e disbursement and printing of the tender ~.' " , - ,,-,' _."."-- " - - - - ;.-'j-'-.,>,.;:," The required funds of $202.00.00 will be dl...Jll\.J.,:Mlount # 110-42 ..o-a.1o.7401. The total ftmds allOcated for the consuItin9 ~~~ oaastn.'I.JIlon....$1.5.ll00.00 exclucllng dI$~ It isthereforet64.ullllllii1liJI'M-apol'llonoftbe oM'lIl4.~ provided. for in the same account number JifI 'f) ,... '.. . ,-....,':.'-... The Diredor. of Fill8llf,l8 has reviewed * ftJ,l..il.. l8quiremellts.n' ~ with the recommendation. Queries with respect to:lb1aI~lItkkWlt needs. ~llm....atc. ClIIn be directed to the Chief Administrative OffIcer. ~",.:,,, - ,_ c"'...: .. ~ ",' ",.. - .. .. :-"-:.::',,- ,-'.. .. .. .. It Is therefore recommended that the re-, 1~ 1"'~I. Noeived fnlrn St~l!,II.' end Zabeok Architects L.td, Kingston. Ontario to provide~:~ u1\lnll ServIces f<lfthe~. AJjj'" 8lW1ch Ubl1lfY be acx:epted. .'. .,' . ""ii-:-"- " "', .,:,-:~ ~THE~OF~ 4G~$1i.eT.BOW . .... .... ..' .UC3AS. ". 't!'. 189 .. .... --.............--....-.-........ .. .......' ..', .. , .... .. .... '." .. .. .... _,' _', .. .. ", ..~..'" _.. .. .. ',c_ .. .. " ,',... ta67 . $1:"..... "A" THE CORPORATION OF THE MUMCIPALITY OF CLARINGTQN .". BY-LAW 2006- . ..-, Being a By-law to authonze.a eontractbefWeenthe..(;(MpoIafion:C)f,_ Municipality of Claringtonal1dShoaltsal1dZaba<* AMhit~t..tdf.. ,. ... King$tOn. Ontario. to enter intoagreernentfor the ~setvl<:ea. for the NewcastJeBraneh Library. . THE CORPORATION OF THE MUNICIPAL-flY OF CL.ARING"ONHEReB~tNA01S.JtS FOLLOWS: 1. THAT the Mayor and C"rk8l1l h8rebyauthortzed10 l'XSOtde.CIJ!'behalfolttftt Corporation of #le Municipality of CIaringtQn and sealwilh the'9'>C!lL#l~$4J8I.a contract between. Shoalts and ZabacI<.~ Ud.KiJ.JgstOn. ~. ...$O(i..~ Corporation; and . . ", .'c':.:,-:,' "..,:__0.' 2. THAT the contract attached hereto as Schedule -A" form partof.thilr8y. .w. ",.<.,'",- i'f:::~\: By-law read a first and second time this day Of .2006. By-law read a third time and fillaIIypassed this dayaf .2OOfl John Mutton. Mayott~ PattI L ~Muftl"" CIef'k .. ~:.:' '". 1268 I I I I I I I I I I I I I I I I I I I Clarjnmnn lA....,~"'.u. R. c:p' ,OR' " ."T': -"",-~::,"-<':';di:-__"' . " ,,' QORPORATE SERVICES ~PARTMENT Me.ting: GENERAL PURPOSE AND~ISTRATION COMMIT'l"eE Oat.: June 5. 2006 RnoIutiorf~ By.... 'II: R.,ort .: COD-Q29-06 FII.': '.:-',,".:':.' ,', . ,--: ",,~, ' -':c" , Su.ct: CL2006-17, Two (2) 60.000,SVWTandem Diesel Dumps oIw Plow Equipment RltCOmmendatlons: It is ,respectfully recommended. that the Ge_ ~ and AdrnilMllItiOO.COlMIlttIJe recommenc1 to COUociI1he following: 1. THAT R'POrt 000-029-06 be received; 2. THATOonwaYFord Sales Ltd. $ca~Ooterio.with atotlillbicl, ill" .-nount of $350.038.80 (in<:!uding PST and ....1).t.!ei(lgtheloWeSt~bIClcItlf meeting alIterrna.oonditions and $pl!c:~~of Tender CL2O(I8oo17.~"".-ded the corrtractto $UppIy Two (2)60,000 G'WIiT.,lIsm DIe$eI OumpsciWPI<<l"E(JI.IIprnent as required by the Municipality of ClaringtoI1fQpel'atlonS [)epartrneJ1t: ~' 3. THAT the fundS bl.i. provided fromtllll.;~Operatlons \lehlc:lelHeavy Equipment Accot.Int #. 11o-36~;~.tA()1. " Submittedby: a~~, ,.",. ~Ha~,~ f#7~ , Director of ()pEtrations ' , ~ ~A'Af:I~ " .' ~1f~or.1i.BA. CA. '. . ' Director of Finance -by.~,....~,.,.....,>.. ..... j.,., rankIin W\J. .....0' ChIef~ Officer ,~ 1269 REPORT NO.: C00-429..Q6 PAGE 2 . BACKGROUND ANDCO,.ENT TenderCL2006-17 for Two (2) 60,000 GVW Tandem Diesel Dumpsclw PlOw Equipnl8flt~$ advertised and issued with bids being received as per Schedule "AM attached. It is staff's opinion that the trade-in's offered ($12,800.00) for the One (1) 1994lntematio1laland ($15,300.00) for the One (1) 1995 International exceeds that which wouldi)f)~atthe. Regional Auction Sale and Ifs thereforerecoromended that they be accepted. After further review and analysis of the tender by Operations and Purchasing, it was fflijtUally agreed thaI Donway Ford Sales Ltd, ScarbOrough, ontario, be recommended fcttl1eCOlltl"aCt 10 supply and deliver Two (2) 60,000 GVW Tandem Diesel Dumps cIw Plow EquiP'rnent,as required by the Operations Department. The required funds in the amount of $350,038.80 (includillQ PST and trade-in)i$ WIItIln.the 2006 Capital Budget allocation of $380,000.00 and will be provided from the 2006c:)penltlon$ Vehicles I Heavy Equipment Account # 110-36-388-83642-7401. The Director of Finance has reviewed the funding .requirernents and.COIlCUI'$.~. recommendations. Queries with respect to departmenl needs, specifications.e(Cl..~be referred to the Director of Operations. . The subject firm has previously provided satisfactory service for the Munlcllpe.,.Of Claftilgton. Attachment fA Bid Summary CORPOAA11ON OFTHE MIJNICIP~.Ct.AltIN~QN 40 TEMPERANCE STREET, BOWMANVIUE, ONTARIO l1 C 3A6 T (905)623..3371' (90'6ji623..4- 2 1270 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I At!lllCbment A Munici p.ality".'Clari;...n SCH~."A" BID SUM8MY . . TENDEft.C~17 TWO (2) 60.000 GVW TANDEM D.~"'OUMPSCtWPt.,OW EQUIPMENT DOnway Ford sates Ltd. Toronto ON W1n~Motors Pe ON . ~WeStern Star Barrie ON COmp~WesternStar Barrie ON FrelghtJll1er Mid.ontario Misslssa ON Harper Ontario Truck Centre Mlssis . ON $354 445.20 . .'4 .... 22,U8 $363 .&8 $37&.1110.00 1271 I I I I I I I I I I I I I I I I I I ,I , Me4ttlng: Date: 'RE"""PO-'R'T- ,_.' .", ," .......,,'. .'." ....... " ..,. " -.... ..... -',", .',. .. .....,' ",)<-,_,:,:-,::,:,:<::' ,N" .. .., --,' CQRPORATE.$ERVtCe$:OePNt~NT , , GENERAL PURPOSE & ~.tRATION COMMIttEE .. .. ,.,' ',' ", .. .....'..,'.... -',".,..-' ". .. -.. ",' '" .-, June 5. 2006 Re#. By.Iaw # Report #: COD-03G-06 Subject: Cl.20()6-20. SUPPLY ANP.~YOF HIGH ~O~CQLP MIX ASPHALT I PERMANENT~D PATCH Recommendations: It Is feSp8CtfuIly rec:ommendedthat the ~ ~end Adminisllallon ComnIlan ftlClOI1Vn8I1d to CouncU the following: ' ~~ Subt'nlttedbY:> ~ - , . <J ... . ."'HB.~."..~ ~Corporate Se~ . _/2r:o~ ~~~T' ea>., CA,. If, 1. 2. 3. THAT c....- C0D-030-06 be~" .. 1'UiJfoIV" ........ .. .,. .' .........- :.',-,'. "'~" :-...;:' THAt InoovatlveMu11lclpa1 Prod-~'i~; an.to.,Ytilt)e to4af)~~ltt the amount of $59,921,54 (exc;Iodlng a.S.T.), beli$~,lqwest~;liIddei'....", ...... conditions ,and spec:lfications of Tendejt~~20.lle ~thlt ~bsupplyHIgh Performanca COld MIx Asphalt I PeIlJillnerltColdPatcn ..~ l:I1~MUnIcIpaIIty of Clarington;and ' THAT the ftlI1dsrequired be Pl~;~~+lheOperations~Cu.-m Budget Aecount#1DO.36-381-10255-7112. ," , .~.. ~ , ~ ....., WtI, , ' -if' ' Chfef AdmIrMdLe 0lIIcer ' ,..,-,/ Horvath, BA, R.D. .It.R.R.F A ~ofOperatlons MM\LAB\LM\Im 1272- REPORT COO-o30.o6 PAGE 2 BACKGROUND AND COMMENT ;;;,",:~t.::r ,. Tender CL200a-20was,advertised and issued with bids being receiVed ~ _iatedas follows: Innovative Municipal Products Inc. 'ax, Ontario Matrex Company Port Pe Ontario $n.7$1.73 Due to the recent increases in crude oil prices, the unit Prices bid ~."" apprQlCirnate ' 35% increase over those bid for the 2005 contract. The low bid received from Innovative Municipal Products InC., Ajax, OntariO,!$apprqximateIy 12% over the 2006 Current Budget amount. Therefore, in order to meetthe ~ted,budgetfQl' this work, It is rec:omrnel'lded that the contract value be reduced by tweIvtt ~(1~>.The . ... ".. low bidder, Innovative MUnicipal Products Inc., is in agreement withthis~ The total funds requited for Tender CL2006-20. Suppiyand Delivery ofHigh~Co\d Mix Asphalt I Permanent Cold Patch, are included in the Operations ~~I...tlt~~ Account #100-36-381-10255-7112. The Director of Finance has reviewed the funding requirements ,arKI~wilhthe ",commendation. Querie$ with respect to department ~, ~. etc..:thoUId' be referred to the Director of Operations. After further review and anslysisof the tender$, by Operations and Purchasing.ltwp lTIutuaIly agreed that InnovativeMOnicipal Products Inc., Ajax, Ontario; be~fOrthe.~ to Supply and Deliver High PerformanceColcl Mix Asphalt I Perrn$1f!int Cofd Pl!IIth. The subject firm has previously performed sati$factorily for ~ Mun/eipaIity. of CIat\ngtori; CORPORATION"OF THEMUNICIPAl..l'lYoP;~'I'ON 40 TEMPERANCE STREET. BOWMANvILLE.ONTARIO L1C3A6 i(905_.'(~ 1273 I I I I I I I I I I I I I I I I I I I, I I I I I I I I I I I I I I I I I I I Cl{J!i!lglOn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: JUNE 5, 2006 Resolution #: Report #: FND-00a-D6 File#: By-law #: Subject: CAP.lDU. PROJECT OVEREXPENDITURE POLICY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-008-06 be received; and 2. THAT the attached Capital Project Overexpenditure Policy be endorsed. R . edbOAa-1 Q ~ eVlew y. . Franklin Wu, Chief Administrative Officer. NT/hjl 1301 REPORT NO.: FND-oOS-o6 PAGE 2 BACKGROUND AND COMMENT: 1.0 As Council is aware, all capital projects are approved through the annual capital budget process or in extenuating circumstances by a direct report to council. Once the budget or council report is approved, the capital project proceeds through the process outlined in the purchasing by-law based on the dollar value of the project. 1.1 At the June 5, 2006 General Purpose and Administration Committee meeting, Council is considering the adoption of a new purchasing by-law through a report from the Corporate Services Department. A section of the proposed new by-law reads as follows: Subsequent to the award of the Contract to the lowest Responsive and Responsible Bidder, the approval of any over expenditure shall be in accordance with the Corporation's approved Finance Policy... 1.2 Until now, the policy for monitoring and approval of overexpenditures for capital projects was informal. Every capital project is monitored throughout the year by Finance staff to track budget vs. actual values. It has been determined on a case by case basis whether additional financing is required. In those circumstances the applicable department would be required to obtain Council authoriZation for the additional funding. . 1.3 As a result of the update to the purchasing by-law, it is opportune timing to formalize the policy for overexpenditUres on capital projects. 1.4 It is recommended that the attached policy be approved as the Finance Policy for Capital Project Overexpenditures. Attachment "An - Finance Policy for Capital Project Overexpenditures CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1302 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ATTACHMENT 'A' Municipality of Clarington Administrative and Corporate Policies SUBJECT: CAPITAL PROJECT OVEREXPENDITURES H SUBSECTION: Hll DATE APPROVED: APPROVED BY: Council C.A.O. DATE UPDATED: SECTION: APPLICA nON: Non-Affiliated Employee Other: . Purpose: To provide for authorization of overexpenditures on an approved contract by the Department Head and to authorize Director of Finance, CAO, and Deputy Treasurer to approve the funding source. Procedure: 1.0 For capital projects, the Department Head shall be authorized to make commitments to contractors perfo~ extra work under a contract, where such commitments do not increase the total estimated contract or project cost, as establisbed at the time of the award of the tender, by the following limits: CONTRACT OR PROJECT VALUE U to $250,000 $250,000 to $2,000,000 Over $2,000,000 ADDmONAL EXPENDITURE LIMIT $25,000 $25,000 or the lesser of (7% of the value or $1.00,000 Lesser of5% of the value or $150,000 2.0 Tbe Finance Department shall be advised of the commitment for extra work and the required reaDocation of financing to cover the additional expenditure up to the limits specified above. 3.0 Tbe Director of Finance, CAO, and/or Deputy Treasurer may fund the overexpenditure on approved capital projects from the original funding source on the following conditions: 1. The overexpenditure complies with the limits above; 2. If the original financing source is Reserve or Reserve Fund that there is sufficient funds to finance the overage; 3. If the original financing source is the Tax Levy then the Rate Stabilization Reserve Fund or the Municipal Capital Works Reserve Fund or the General Capital Reserve or any combination aforementioned may be used to finance the overage. 4.0 Ifany of the above conditions are not met then the applicable department will report to Council for approval of the additional commitment and related financing for the capital project overage. Page I of I - Administrative and Corporate Policy HII 1303