HomeMy WebLinkAbout06/05/2006
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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
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(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)
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(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
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(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
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(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
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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
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Clarill~'lOn
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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.
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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.
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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.
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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.
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Attachment 2
To Report PSDc065-1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
609
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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
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This is Schedule "A" to By-law 2006-
passed this day of . 2006 A.D.
,
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KING AVENUE EAST
~ Zoning Change From .C1" To "C7-S.
John Mutton. Mayor Patti L. Barrie. Municipal Clerk
NEWCASTLE
MEMORIAL
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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
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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
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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
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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
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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.
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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-
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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.
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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
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~~'-~-'~~-~-"~.~'~'~_~_'__~~_'"~~__'~~_._~_'~" ""~~~~'~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.
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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
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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%
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Figure 10.0 . New Residential Unit Production by Area Municipality in Durham Regront 2004-
2005
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! 112005
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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'
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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).
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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).
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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
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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
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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
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SEE llETAIL 'A' _____________________...,
''-OCK 1I0~ B1&,CK 100 'I -~R:el .:. ~'"'iI
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635
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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.:
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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
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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.
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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
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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
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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.
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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
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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
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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
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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:
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Reviewed by:
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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
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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
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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.
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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.
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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
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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
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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
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T Attachment N
o Report PS o. 1
D-070-06
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J-\llC::ll.,;llIllt::IILL
To Report PSD-070i6
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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
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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
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200 m
CONCESSION ROAD 3
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WAVERLY
(4200)
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BASEUNE ROAD
CHANGE POPULATION
FROM "4800" TO "4700"
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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
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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
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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
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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
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ATTACHMENT #1
REPORT OPD-007-06
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THE CORPORATION OF THE MUNICI?ALITY OF CLARINGTON
BY-LAW NO. 2006.
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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;
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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:
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DEFINITIONS
1.
For the purpose of this by-law,
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(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;
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(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;
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(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;
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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;
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(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;
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(m)"pennit" means any written authorization of Council, a Committee
established by Council, or the Director where such authority has been
delegated;
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(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.
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(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.
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(c)
(d)
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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
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(b)
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(c)
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(d)
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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
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(a)
No person shall in any park:
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(b)
(c)
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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
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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.
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PART 11I- PARK USE
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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.
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(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
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(d) leave a barbeque or campfire without extinguishing the fire and
ensuring that the embers are cold.
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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.
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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.
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1. The Director is authorized to establish appropriate regulations to regulate
the use of park roadways.
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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
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(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)
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33. Speed
Unless authorized by permit, while in any park, no person shall operate:
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(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.
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PART VI- COMMERCIAL ENTERPRISES
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34. Sale of Merchandise, Trade or Business
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. 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
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(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.
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35. Circulars and Advertisements
1. Unless authorized by permli and Municipal Peddlers Licence, no person
shall:
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(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
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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.
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i. to desist from the activity constituting or contributing to such
contravention;
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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.
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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.
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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.
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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.
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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.
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42. Removal of Vehicles
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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.
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That by-laws 91-20 and 92-125 be herebY repealed.
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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
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Patti L. Barrie, Municipal Clerk
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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
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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
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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)
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814
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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
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815 I
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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.
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NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OP THE CORPORATION
OP THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS.
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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
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(b) Renumbering Section 3 thereof as section" and adding a
new Section 3 a. follows.
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"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.
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(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. .
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(b)
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(c)
(d)
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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
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816
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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
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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
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:ClNhJgron
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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
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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
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Ms. Liz White
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
Animal Advisory Committee
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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
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'>';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
-'-','-
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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�a►y
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
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" ";":':')"".;'
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
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.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
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'~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
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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~
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1219 I,
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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. ~$a11If n~. wI18hIby the
CoqlO!lII!ion ~ a ceIIaIn IndivIduaI(l);pIi...........t~...UIIII , eupplillrto
," '. . .....:.:. ..... .............. . .
submit PtqlC.als WilIl respect to a ~ 1l!lll*IlI. <<the tuP\llY of
'Goods andIor ServIclls, which the. .""'J 11Jg Manager In
oonsuIIatIon wtth the Designated 0IIiIlIlI_ the ieqL ulillg
0epa/tI'1I!I1l deems to be approp".~].Jl'1o"~......... of any
Blda ~ fmm the Request for PIoQJ, 'F~" ...ident on
l1OIl1lriCe.faGlor8 whIdl may IllqUlntr ]..,ft]I.~"...J._ . .. a Bidder
and the OoIpo1a11on before 8 Contract iI.l(~~J Ii I n 1lMIm.
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Reauest for Quotation - 1$ 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
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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
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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
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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$pun:ha8e 1rwlMe.4ilon.I.~18IIt
part for which lhenIle.flD II A n ili!ft.
(lII) the.pt.l\'llhlI8e ~ .__........endI<< seMoe
for which compalIbIII'J~.]r... pnduct ill the
cMlnldlng c:onsidandilln:
'.
(Iv)' the purI:/IMe inwIYMGcIliItlI .... ......~ only ill
acconlanca with 8Ialldal., ~:. r (by CouncIl which
.. .. -",-.,",'-, ,:""'. -..
.. not iHAA.,o..o\iad.lftthlll._rtm(..
(v) in other.... .. m ~ l~t 1It1' bj<:ouncll:
,._-,..,c..",..,.,c.-,.,
,'.',c........,'.-..'.",.'.
(c) wllenl the Bid, Qlj. 41 '111I1 Of'"""'J )1'.... .. IawaIIt
ReepoIl8MI and RaIponeIbIe rlll.r r j I!m" .1....... a
,. ,. . ~;...-,.,
1224
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12251
Page 10
Request for Tender..~fQr~or.R",,_ for.
Quot&tionlllbatanli&lly exc:e&d8l1l1tColp or..on', i. U , 411.d
COllt of the ~ lII1lIIor ServIces;
(d) when no Bid; Quolstion or P!opoeeIfrom . ReIpoIl8ive &nit
Reeponeillle Bidder receivedlhroug!t .R8quel!I for Tander.
Request for PropoelII., or Request for Ouol&llon 1s_.iVed.
and illslmpradk:allll iss!Ie. fudI!er R1IquWf forTendtr.
Request for QuotalIons or Request for F'Iopo8aI;
(e) whenlhe exlen8ionor I8instata"'81l1 of en exI8llIlQConlract
would pI'Ove most caal ~ or berMlficiIlI III tile
Corporation;
(f) when the 1811118 and 0llI'Idlliana .ofll F'mpoe$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($75,(lOO.00) tlolIln.
the PurchaB/ng Manager in c:onsulIaIIail wIlh lhe InItiIlIIl 'II 0 111go~
0fIiciaI. shaD Jirepare. aRlpOll &nit ~. to 111
appropriate Illeeting of COhlll.m- and ColIld for IIppJOY8I beJQni a
Contract Islllllde wIlh the GorPllIatlon..
12. PURCHASE REOQI8ITI~
12.01 ElICh DeeIgnaled 0lIiclaI of .~.... ....the
Pun:haeing . Manager · w!tIMn"" In lhe foml of III
"eIecIronlc: purchase NqUisillon" for lhe ...........118111 such
DeeIgn&Ied 0fIiciaI'8 Oapertmant 'b ..' Good&'. . 8/ldIOr.
Services. The..u11lllCe of lhe .&Ib;.\ of1undt In IIle
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'jo',.":.->.,
'-'.{~
Page 11
Sc:hedtAe -Aw
approved budgetalld the ~tt~
accounllngchal'ge. number 8IJaII 1lI.. .......ji...~'" lIl'lI!rof the
-.. .. .. -',' ..'..-....'..',..',.,..'.,.........
Dealgneteci ()ffjcUI of the~.. I L}.lJll Wbk.M_
IeqUeIIted the Ai:quisIIion of the {ll Igi!ll)OO t')#> ~in
queetIon.
12.02 All eIecIn:lnIc purchase ~"I 1!1~..... ADo belu'
.. -\'<~'-':";,,::;.'":-,-- "-" ..
an AuIIlorIad Signatur8 CClI1formifttto.. .lkillb. Ofthelignlng
authorily for the Cost of the ~.'J;lIICI..uotSeMcel.
13.
~~FQRPROn1JCT~. .
I\eql Ml$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
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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)
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12271
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...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
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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"
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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 ($30,000.00)
Dollars a by-law authorizing the Mayor and Clerk to
execute the Contract on behalf of the Corporation is
required.
(b) Where the requesting Department is the Planning
Services Department and the Consulting and
Professional Services are for the purpose of the
preparation of an Environmental Study as referred to in
NOTE: Report should Report PDIM-96, a Request for Proposal will be
be PD-163-96 issued on an as-needed basis and a subsequent roster
of consultants as approved by Council will be issued.
Individual contracts for such Consulting and
Professional services may then be approved by the
Director of Planning Services.
SChedule "A"
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1 23.3 I
Paget,
Any OOl18UItanllllllhortZ8d to __ a Bid SoII..Il.UOll on
. behalf of the COrpot8lion s/1lIll comply wIIh lhla By4w.
15.16 PelllOnal Purchases - No peI'IQIl8I purd1asM. of Goods
and/or SeMces. IlhaU be made. by the . Corporation for
Members of CouncIl, or any appolided member.of a.local
Board of the Co/poIation, or for empIojsee of the
Corporation, unless spectftcaIIy lIIllIlOliledby CouncI.
15.17 ConlllcI ofl,mnst -In order to aYCld any.peIlIOIl Atlmhaving
an unfair advantage in making a BId and to lII1llln the Bid
pl'OCe$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.
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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-
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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,"'
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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
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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\'
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Sc::hedute ,"A-
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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. $bclItlI!fllltll!l.~- bld be
submitted. the ~ Bid 1IlAb.. "1 ,1.."* dumed ID be
thehltencledBid. unless II1IIlSld...........m In the
1IlIIt'I/let~ In Jl8t'lIlJAIj)b2t..
22.10 FollowII1g lhe opening and ~.,T_. "" by'the Clelt,
lheReoord of Tenders 8haII be ~""'_nIQDId ~
atIe8linglD that tact.
22.11 Willi the ~ of the CledlIIlIll.~~~1I1ng MaNIger
01' thlIir~ no dialollue ~~ .....111 willi ...-;t
ID the prOCeedIIl(llI on the opeiW1g.,JrIll t ..
23. VERlFICATJQN Of TENDERS
23.01Dutv of ~IiBIna ~. AI T....'..be GeIIwnId ID
the PurcIliI8ingManagerwho................
a) aIIBld8comp1ywllhtheT.....II,1I\1"*..
b) all unit pricee hIM been~:;.iIllnllell.I"~Jldld '
that unit pricee shaU dlte q'.........of..8Id.
in the IMlIll of ariIhmeIIl:.....
c) all tIldlmeiotl8 hawileen!" , J~.Jl/ r'
1240
Schedule "A"
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1241 I
Page 26
23.02 Reservation and RevW of IIl1IlRlD8r . Any Bid that does
not appear on Initial axaR1lnallQn by the PuId1aslng M8T\ager
or his designate to satisfy therequi&nl8l1t$ 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.
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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.~
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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
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\;:;,:.......-,:-.'.\-:,
" ':. -"'.';.
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
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,.....,;
""','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
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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
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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
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-
~
--
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
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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
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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,';'<-"',:'~-
'~;",~,,,,
""'---;"
,'.,
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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 $200,0.00
When bonding 18. GllIIdllIon of the tender... """_..oI.cIIl&:lnd
ancUor a labOur and MawlaI Payment Bond 111 ........111 aslll.Jd
in the 1BndIr doc:umenI8 IlIUIe be fuI.......d by _8iIIdaf_to
_dIan of the ......*-1.
BoIh the 8MllUnt and the foIm of bond .... mea. ...........
of the Tnl88IIW.
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l/CII4lduIe "C"
11.
P8ge 1S
WIT~~~~M:R!':
11.01 ~ Ll jJ/ltlngatenderCllll onIyWiltldfalll!fletenderprior
10 "doIe~""", Requeeta I8Cl8ived fallowing \he dose
of .~wIII not be eccepIed.
11.02 ~. .~ .,Wllhdrawa tender may do lDln vmtlng and
dtliwlIf....Io\heOlllce d lite Clerk;
11.03 All ~1 . I ~..""1WM prior 10 IleInlJdep D .11. d In IhiI tender
boK',-lIIlumed and lite wIlIldra... d..liInder
acl. fnrlJll,dlnwding.
11.04 AII~\1lII ~.Mld I1IIlIlIng 10 tendenI..hIiltln the
~~..,.. be.depoeiI!Ijd and all of thelllllled
dH.I.4l.\!ii.~lIl11l1med UhOpenect..... li!nli....
~~
11.06 Wlll'....,''''''Durina Ooenina .During.tInder~
lIt"~'I"IDftdthe nI8dlng out of ~Clft. Clll/llrlId,the
_mr!)~wIlhdr8l111Y of .....1'8Il~teIldera on
olh!II'itl:l.IlI.. .'. ,...... . wlIhdIhtl UlId8rthl8.1JRlC*lt;n
~_'iI.l!IllItlId. Thlt BIdder IIIUf;t ... In wding 10
hilInler.1dInlIlr end lIlali8 the ..QI..,.;l(a) On which heI8he
d l.b~$ 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
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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
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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
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"'-"', .
. . _..,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
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';.-
"-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
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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
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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
$37&.1110.00
1271
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Me4ttlng:
Date:
'RE"""PO-'R'T-
,_.' .", ," .......,,'. .'." .......
" ..,. " -.... ..... -',",
.',. .. .....,'
",)<-,_,:,:-,::,:,:<::' ,N"
.. .., --,'
CQRPORATE.$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
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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
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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