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HomeMy WebLinkAbout03/05/2007 U.![pn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: MARCH 5, 2007 9:30 A.M. COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of February 19, 2007 301 4. (a) PRESENTATIONS No Presentations (b) DELEGATIONS (i) Harold Sellers, Oak Ridges Trail Association - Seeking financial support for the Moraine for Life Adventure Relay and Scavenger Hunt Fundraising Event (Ii) D. Hoogeboom - Regarding Report PSD-030-07 - Rezoning Application to Permit Temporary Parking Lot Applicant: Gerr Holdings Limited (Hi) Jim Richards - Direct Election of Durham Regional Council Chair (iv) Linda Gasser - Direct Election of Durham Regional Council Chair 5. PUBLIC MEETINGS (a) Application toAmend the Clarington Official Plan and Zoning By-law 84-63 501 Applicant: Susan Woodley Report: PSO-Q27-Q7 (b) Application to Amend the Clarington Official Plan and Zoning By-law 503 Applicant: 1377019 Ontario Inc. (Abe's Auto Recycling) Report: PSO-Q2S-Q7 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda -2- March 5, 2007 6. PLANNING SERVICES DEPARTMENT (a) PSD-027-07 Rezoning and Official Plan Amendment to Permit a Change 601 in Use From a Single-Detached Dwelling to a Professional Office Applicant: Susan Woodley (b) PSD-028-07 Clarington Official Plan Amendment Application and Zoning 614 By-Law Amendment Application to Permit an Automotive Salvaging/Recycling Operation with Screened Outdoor Storage Applicant: 1377019 Ontario Inc. (Abe's Auto Recycling) (c) PSD-030-07 Rezoning Application to Permit Temporary Parking Lot 622 Applicant: Gerr Holdings Limited (d) PSD-031-07 Municipal Roster of Consultants for the Preparation of 633 Environmental Impact Studies (e) PSD-032-07 Implementation of Principles of Understanding with Halloway 660 Holdings Limited: Transfer of Certain Reserves 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-028-07 Proposal to Close and Convey a Road Allowance Situated in 701 Lot 28, Concession 5, Former Township of Clarke (b) EGD-029-07 William Watson Investments Limited, Courtice, Dev 78-011, 706 'Certificate of Completion' and 'Certificate of Acceptance', Storm Drainage System and Other Related Works , (c) EGD-030-07 Proposal to Close Parts 13 and 15 on Plan 40R-16730 as a 709 Public Highway and Authorize Their Transfer to Halloway Holdings Limited 8. OPERATIONS DEPARTMENT (a) OPD-002-07 2006 Winter Report 801 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports G.P. & A. Agenda - 3- March 5, 2007 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-003-07 2007 Municipal Grants 1001 11. CLERKS DEPARTMENT (a) CLD-006-07 Adult Entertainment By-Law 1101 12. CORPORATE SERVICES DEPARTMENT (a) COD-008-07 Purchasing By-law 2006-127 Amendment 1201 (b) COD-009-07 RFP2006-13, Playground Equipment 1204 13. FINANCE DEPARTMENT (a) FND-005-07 COMRIF Assistance for Municipal Asset Management 1301 14. CHIEF ADMINISTRATIVE OFFICE 15. (a) ADM-002-07 Mayor's Compensation Review - 2007 UNFINISHED BUSINESS 1401 No Reports 16. OTHER BUSINESS 17. ADJOURNMENT Cl. lU ~~ General Purpose and Administration Committee Minutes February 19,2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 19, 2007 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Chief Administrative Officer, F. Wu Director, Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Operations, F. Horvath Manager of Special Projects, Planning Services, F. Langmaid 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, Barb Boffey Mayor Abemethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST . Councillor Hooper indicated that he would be stating a pecuniary interest with respect to Report PSD-023-07. MINUTES Resolution #GPA-1 06-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on February 5,2007, and Minutes of a Special Meeting of February 12, 2007 be approved. CARRIED 301 General Purpose and Administration Committee Minutes February 19, 2007 Joe Caruana, Director of Community Services introduced Sharon Meredith who was recently hired as Recreation Services Manager, Community Services. Resolution #GPA-107-07 Moved by Councillor Novak, seconded by Councillor Foster THAT the agenda be altered to include Michael Melling to the list of delegations. CARRIED PRESENTATION , Mayor Jim Abernethy congratulated John Schoonderbeek on earning an Ontario Medal for Good Citizenship and presented Mr. Schoonderbeek with a plaque honouring his involvement and stewardship of his local community. DELEGATIONS Humayan Ahmed, Ahmadiyya Muslim Youth Association, a non-profit organization appeared before the Committee to introduce the activities of the association and explore opportunities for these activities within Clarington. Mr. Ahmed stated their organization promotes humanitarian and social services such as blood donation camps, food collection drives, Adopt a Park or Road programs and holds interfaith seminars with various local religious groups to promote awareness among all religions to live in harmony with society. Mr. Ahmed stated their organization has been involved with relief efforts to countries affected by disasters such as the tsunami, the South Asian earthquake, as well as Hurricanes Charlie and Katrina. Mr. Ahmed stated they are planning a world religion conference this year and are attempting to promote their organization in smaller communities. Mr. Ahmed stated proposed dates for this event are April 4 or April 24, 2007 and asked for Mayoral representation and logistical and venue assistance. Jason Gibson appeared before the Committee with respect to Report PSD-022-07 - Proposed Official Plan and Zoning By-Law Amendment to Permit a Restaurant with a Drive Through Facility and a Fuel Bar with a Convenience Store and a Car Wash Facility. Mr. Gibson stated he is strongly opposed to this application due to the increase in high speed traffic and the potential for accidents involving pedestrians travelling to shopping areas and downtown. Mr. Gibson stated for safety reasons, a bridge over the existing railway should be built to promote safe walking to the shopping area. Mr. Gibson believes there to be no positive outcome if this application is approved. Environmentally, it promotes hazardous fuel emissions, and from a health perspective it promotes unhealthy eating and consumption of caffeine. He suggested the property would be more beneficial if made into greenspace. - 2. 302 General Purpose and Administration Committee Minutes February 19, 2007 Gerry Johnson appeared before the Committee with respect to Report ADM-001-07 - Physician Recruitment. Gerry stated he is the Chair of the five-member Board for Physician Recruitment. Mr. Johnson stated the purpose of their Board is aimed at physician recruitment for Clarington and that the Ministry of Health indicated Clarington is short by eight doctors. Mr. Johnson stated attracting physicians to Clarington would cost in the area of $25,000.00 to $30,000.00 each and that more detailed information concerning the financial costs would be presented in the next four to six weeks. Mr. Johnson stated incentives such as money, moving costs and free accommodations might be considered in retum for a five year commitment contract from the physicians. Tom Cauchon, appeared before the Committee with respect to Report PSD-025-07 - Reasons for Decision of the Inquiry Officer Under the Expropriations Act Respecting the Proposed Expropriation of 50 East Beach Road. Mr. Cauchon requested Council to permit he and his wife to retain the portion of their existing property that would be north of the re-aligned road. This would equate to approximately 36% of their property. Mr. Cauchon could not confirm the intended use of this portion of the property. He further stated that the purpose of the expropriation was for parkland and this northerly portion is not required for the park. Michael Melling was not in attendance. Councillor Novak chaired this portion of this meeting. PUBLIC MEETING (a) Subject: Application to Amend the Clarington Official Plan and Zoning By-law 84-63 Martin Road Holdings Ltd. PSD-022-07 Applicant: Report: Dean Jacobs, Planner, provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-022-07. Garnet Armitage, resident of Bowrnanville, appeared before the Committee and stated he has concerns about the increased exhaust from vehicles, the lack of air movement that the structures would create and the toxicity of carbon monoxide levels from increased traffic. Mr. Armitage stated that building a Tim Horton's and carwash would result in increased traffic activity, traffic gridlock, and would create the potential for accidents due to cars stopping on the side of the road to access the facilities. Mr. Armitage stated concerns with the headlights from cars shining through his windows, the non-stop noise from car doors opening and closing and the potential garbage generated by patrons of the facilities. Mr. Armitage closed by saying he does not support the application and does not see any positives to building high volume facilities in a residential area. - 3- 303 General Purpose and Administration Committee Minutes February 19, 2007 John Oates, resident of Bowmanville, appeared before the Committee and stated he had concems with insufficient directional signs on Waverley Road for traffic heading southbound towards the 401 west. Mr. Oates stated that traffic at Waverley Road and Baseline Road is backed up from the Tim Horton's parking lot out onto the street, resulting in grid lock and blocking the right-hand lane access to the 401 west. He stated he does not like the proposal but sees that it could alleviate these traffic issues at Baseline Road. Jeff Guthrie, resident of Bowmanville, appeared before the Committee and stated he has concerns with traffic issues and potential gridlock. He encouraged the Committee to widen Regional Road 57 to a four lane road before moving ahead with this application. No one spoke in support of Report PSD-022-07. Kelvin Whalen, Martin Holdings Ltd., appeared before the Committee on behalf of the applicant to answer any questions. Mr. Whalen stated that they have been approached by the franchisee concerning the traffic congestion at Baseline Road and that the franchisee wishes to build a second facility to alleviate some of this congestion. PLANNING SERVICES DEPARTMENT PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH A DRIVE THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY APPLICANT: MARTIN ROAD HOLDINGS LIMITED Resolution #GPA-108-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-022-07 be received; THAT the application submitted by Martin Road Holdings Limited be referred back to staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, THAT the interested parties listed in Report PSD-022-07 and any delegations be advised of Council's decision. CARRIED Councillor Hooper stated he has a pecuniary interest with respect to Report PSD-023-07 as he owns property in the area and he was involved in the OMB Hearing. Councillor Hooper vacated his chair and refrained from discussions on this matter. .4- 304 General Purpose and Administration Committee Minutes February 19,2007 DECISION OF THE ONTARIO MUNICIPAL BOARD MOTION TO DISMISS THE APPEAL BY LOBLAWS PROPERTIES LTD. OF ZONING BY-LAW 2006-Q47, BOWMANVILLE WEST TOWN CENTRE Resolution #GPA-109-07 Moved by Councillor Foster, seconded by Councillor Trim THAT Report PSD-023-07 be received for information. CARRIED ANNUAL REPORT ON SITE PLAN ACTIVITIES FOR 2006 Resolution #GPA-11 0-07 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report PSD-024-07 be received for information. CARRIED Resolution #GPA-111-07 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report PSD-025-07 be referred to the end of the agenda to be considered in a closed session. CARRIED Resolution #GPA-112-07 Moved by Councillor Foster, seconded by Mayor Abernethy THAT the Committee recess for 5 minutes. CARRIED The meeting reconvened at 11: 15 a.m. Councillor Foster chaired this portion of the meeting. .5- 305 General Purpose and Administration Committee Minutes February 19, 2007 ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2007 Resolution #GPA-113-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report EGD-025-07 be received for information. CARRIED ROBINSON RIDGE SUBDIVISION PHASE 1, COURTICE, PLAN 40M-1931, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GPA-114-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report EGD-026-07 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1931; and THAT Council approve the by-laws attached to Report EGD-026-07, assuming certain streets within Plan 40M-1931 as public highways. CARRIED NEWCASTLE MEADOWS SUBDIVISION PHASES 2, 3 AND 4, BOWMANVILLE, PLANS 40M-1911, 40M-2022 AND 40M-2152 RESPECTIVELY, 'CERTIFICATE OF ACCEPTANCE', STORM SEWER SYSTEM ONLY Resolution #GPA-115-07 Moved by Councillor Trim, seconded by Councillor Novak THAT Report EGD-027-07 be received; and THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Storm Sewer System constructed within Plans 40M-1911, 40M- 2022, and 40M-2152. CARRIED -6- 306 General Purpose and Administration Committee Minutes February 19, 2007 PROPOSAL TO CLOSE AND CONVEY A PORTION OF OKE ROAD SITUATED IN LOT 32, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON Resolution #GPA-116-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report EGD-012-07 be received; THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of an unopened road allowance situated in Concession 2, between Lot 32 and Lot 33, former Township of Darlington, identified as Part 1, Plan 40R-23704 and Parts 10 and 11, Plan 40R-23561 and two parts of Oke Road which will be the subject of a subsequent R-Plan pursuant to Section 34 of the Municipal Act and By-Law No. 95-22; THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with, Council pass By-Law No. 2007 -XX and declare those portions of the road allowance to be closed as a public highway and declared surplus; THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring the subject lands to be closed as a public highway and declared surplus, Council pass By-Law No. 2007-XX authorizing that the portion identified as Part 1, Plan 40R-23704 and Parts 10 and 11, Plan 40R- 23561 and two parts of Oke Road which will be the subject of a subsequent R-Plan be conveyed to Halminen Homes for the appraised value; THAT all costs of closure and conveyance be borne by the applicant; and THAT Halminen Homes be advised of Council's decision. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the Agenda. Council/or Woo chaired this portion of the meeting. .7- 307 General Purpose and Administration Committee Minutes February 19, 2007 EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - JANUARY, 2007 Resolution #GPA-117-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report ESD-002-07 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. CLERK'S DEPARTMENT There were no reports considered under this section of the Agenda. Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT PUBLIC SECTOR SALARY DISCLOSURE ACT Resolution #GPA-118-07 Moved by Councillor Foster, seconded by Councillor Woo THAT Report COD-004-07 be received; and THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified, which employees, if any, were paid a salary of $100,000 or more (as defined in the Act), for the year 2006, FORTHWITH. CARRIED .8. 308 General Purpose and Administration Committee Minutes February 19, 2007 Q2006-9, CONSTRUCTION OF DRAINAGE IMPROVEMENTS, MITCHELL'S CORNERS Resolution #GPA-119-07 Moved by Councillor Novak, seconded by Councillor Foster THAT Report COD-007-07 be received; THAT Ron Robinson Limited, Bowmanville, Ontario with a total revised bid in the amount of $49,831.50 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Quotation Q2006-9 be awarded the contract for the Construction of Drainage Improvemems,-MitehelFs Corners as required by the Engineering Department; THAT the funds be drawn from the Engineering 2006 Capital Account # 110-32-330- 83204-7401; and THAT the By-law attached to Report COD-007-07 marked Schedule "AU authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-120-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report FND-001-07 be received; and THAT the list of applications for cancellation, reduction, apportionments or refund of taxes attached to Report FND-001-07 be approved. CARRIED - 9 - 309 General Purpose and Administration Committee Minutes February 19, 2007 CASH ACTIVITY - FOURTH QUARTER OF 2006 Resolution #GPA-121-07 Moved by Councillor Foster, seconded by Councillor Novak THAT Report FND-002-07 be received; THAT in accordance with provision of Chapter 25, Section 268 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the fourth quarter of the year 2006, as shown on the schedule attached to Report FND-002-07; and THAT part "A" of the expenditures for the fourth quarter of the year be confirmed. CARRIED . CHIEF ADMINISTRATIVE OFFICE PHYSICIAN RECRUITMENT Resolution #GPA-122-07 Moved by Councillor Foster, seconded by Councillor Trim THAT ReportADM-001-07 be received; THAT the unexpended funds in the amount of $43,000 in the Industrial Development Reserve Funds be assigned to the Clarington Board of Trade for the purpose of recruiting physicians to Clarington subject to the conditions set out in Report ADM-001-07; and THAT the Board of Trade be advised of Council's decision. CARRIED Resolution #GPA-123-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Strategic Planning Session be moved to the end of the Agenda to take place at the Courtice Community Complex. CARRIED -10 - 310 General Purpose and Administration Committee Minutes February 19, 2007 UNFINISHED BUSINESS Resolution #GPA-124-07 Moved by Councillor Woo, seconded by Councillor Novak THAT the delegation of Humayan Ahmed, regarding the Ahmadiyya Muslim Youth Association, be received for information. CARRIED OTHER BUSINESS Resolution #GPA-125-07 Moved by Councillor Foster, seconded by Councillor Trim WHEREAS at its meeting held on February 14, 2007, the Regional Municipality of Durham passed a resolution urging the Government of Ontario to pass Bill 172, the Municipal Amendment Act (Direct Election of Durham Regional Council Chair), 2006; AND WHEREAS since 1974, all area municipalities within the Regional Municipality of Durham have been well served with the current practice; AND WHEREAS the current practice enhances the democratic process by aI/owing any qualified elector within the Regional Municipality of Durham to participate in the process by virtue of qualification only; NOW THEREFORE BE IT RESOLVED THAT the Minister of Municipal Affairs and Housing be advised that the Council of the Municipality of Clarington vehemently opposes the passage of Bill 172, the Municipal Amendment Act (Direct Election of Durham Regional Council Chair), 2006; and THAT a copy of this resolution be forwarded to John O'Toole, MPP, the Regional Municipality of Durham and all area municipalities within the Region requesting endorsement, FORTHWITH. CARRIED ON THE FOLLOWING RECORDED VOTE Resolution #GPA-126-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the rules of procedure be suspended to allow for a recorded vote. CARRIED - 11 - 311 General Purpose and Administration Committee Minutes February 19, 2007 Council Member Yes No Declaration of Pecuniary Absent Interest Councillor Foster X Councillor Hooper X Councillor Novak X Councillor Robinson X Councillor Trim X Councillor Woo X Mavor Abernethv X Resolution #GPA-127-07 Moved by Councillor Trim, seconded by Councillor Foster THAT the Council of the Municipality of Clarington support the City of Oshawa efforts to host the 2008 Memorial Cup; and THAT correspondence be sent to the City of Oshawa advising of our support and offering Clarington's assistance. CARRIED Resolution #GPA-128-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the meeting be closed for consideration of a legal matter regarding Report PSD-025-07 and a personnel matter. CARRIED The meeting resumed in open session at 12:30 p.m. UNFINISHED BUSINESS REASONS FOR DECISION OF THE INQUIRY OFFICER UNDER THE EXPROPRIATIONS ACT RESPECTING THE PROPOSED EXPROPRIATION OF 50 EAST BEACH ROAD Resolution #GPA-129-07 Moved by Councillor Trim, seconded by Mayor Abernethy THAT Report PSD-025-07 be received and approved; -12 - 312 General Purpose and Administration Committee Minutes February 19, 2007 THAT Council as the approving authority under section 5(1) of the Expropriations Act having considered the Inquiry Officer's Reasons for Decision and recommendations including his Finding number 4, dated January 2,2007, determine that the Owners of 50 East Beach Road should not be given the choice of retaining the portion that will be situated on the north side of the to-be-realigned East Beach Road comprising the northerly approximate 36% of the area of 50 East Beach Road for the reasons set out in Section 2 of Report PSD-025-07; THAT Council pass a by-law to approve the proposed expropriation of the "Lands" comprising the whole of 50 East Beach Road which are more particularly described in Attachment 3 to Report PSD-025-07, for the purposes of a district park; THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by section 8(3) of the Expropriations Act (Attachment 7 to Report PSD-025-07); THAT Council approve the Notice of Decision and Reasons for Decision of Council contained in Attachment 7 to Report PSD-025-07 approving the proposed expropriation of the Lands for the purposes of a district park and authorize the Municipal Clerk to serve a copy of them on all parties as required by section 8(2) of the Expropriations Act; THAT Council pass a by-law to expropriate the Lands for the purposes of a district park pursuant to section 6 of the Municipal Act, 2001 (Attachment 9 to Report PSD-025-07); THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the Lands and cause the plan to be registered in the proper Land Registry Officer pursuant to section 9(1) of the Expropriations Act (Attachment 10 to Report PSD-025-07); and THAT staff be authorized to give all necessary notices, and to take all necessary actions to complete the expropriation. CARRIED Resolution #GPA-130-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Committee recess and reconvene at 1 :30 p.m. at the Courtice Community Complex. CARRIED - 13 - 313 General Purpose and Administration Committee Minutes February 19, 2007 The Committee reconvened in open session in the Meeting Room, Courtice Community Complex at 1 :30 pm. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim CouncillorW. Woo Chief Administrative Officer, F. Wu Facilities Manager, Community Services, G. Acorn Municipal Clerk, P. Barrie Manager, Transportation & Design, Engineering Services, L. Benson Deputy Chief, Emergency Services, M. Berney Director, Engineering Services, T. Cannella Director of Community Services, J. Caruana Parks Supervisor, Operations, B. Genosko Deputy Treasurer, Finance, Lori Gordon Deputy Clerk, A. Greentree Director of Operations, F. Horvath Manager of Special Projects, Planning Services, F. Langmaid Director of Corporate Services, M. Marano Executive Assistant to CAO, J. Pascoe Manager of Community Planning & Design, C. Salazar Director of Finance Department, N. Taylor Director of Emergency & Fire Services, G. Weir STRATEGIC PLANNING SESSION Frank Wu, CAO, and Carlos Salazar, Manager of Community Planning and Design, led those in attendance through a variety of interactive activities. The purpose of these activities was to identify strategic directions and objectives in support of a Municipal Vision and Mission Statement. -14- 314 General Purpose and Administration Committee Minutes February 19, 2007 Resolution #GPA-131-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Chief Administrative Officer be directed to draft the Corporate Strategic Business Plan 2007-2010 and report back to Council. CARRIED ADJOURNMENT Resolution #GPA-132-07 Moved by Councillor Foster, seconded by Councillor Woo THAT the meeting adjourn at 4:12 p.m. CARRIED MAYOR DEPUTY CLERK -15 - 315 ~![fi!1gron CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: SUSAN WOODLEY PUBLIC MEETING REPORT # PSD-027-07 SUSAN WOODLEY A N APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and a proposed Zoning By-law Amendment, under Sections 17 and 34 respectively of the Planning Act, 1990. as amended. APPLICATION DETAILS The proposed Official Plan Amendment submitted by Susan Woodley would permit a change in land use designation from ."Community Facility" to."'Mixed Use" in the East Bowmanville Town Centre Secondary Plan. The proposed Zoning By-law Amendment submitted by Susan Woodtey would permit the conversion of the existing single- detached residential dwelling use .10 a professional office use. The subject property is located Lot 12, Concession 1, Former Town of Bowmanville, pt. Lot 157 & 158, Block Q, Plan Grant, Bowmanville (as shown on reverse). Planning File Nos.: COPA 2006-0006, ZBA 2006-0035 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, March 5, 2007 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, March 19, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, March 14, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is fOlWarded to the Region of Durham for approval. unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville. Ontario L 1 C 3A6, or by calling Glen Ferguson at (905) 623-3379 extension 327 or bye-mail atoferouson@clarinoton.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or dbes not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment are approved, the Ontario Municipal Board may dismiss all or part of the appeal. nicipality of Clarington this 29'h day of January 2007. 40 Temperance Street Bowmanville, Ontario L1C 3A6 Da d Direct of Planning Services Municipality of Claringlon :JUl :l!l :; C lIS E ~ m co. lIS :;: C o iil ... o ..... ~ .. co. e a. - c CD E C '1:J CD C .. E c.o CD c 0 U) '1:J C) E U) CD 'Iii C') c 0 c( .... E II) C) CD C) C C) " CD C) E . 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"? ;:'. ~_;n.,.~3a;S,3J.'3iJ:Wo.3...i.~;X3.: ~ ~..'.:~.:'v ..... ~..~.i:.v~.:~...~ '';.'' e.: '0;: J.n, fl1Kl:J X3 '" lnJ aWl' X3 ~ ~ ~ ~ '" O"~'~lf "'1/ tr.) x; 133~lS NltnllJ31YA J.SIX3 3:)N'v1:l3dV\l31 502 cz · gro CORPORATION OF THE PUBLIC MEETING ! ~ rm .n MUNICIPALITY OF CLARINGTON . REPORT IlpSD-028-07 ~j ~Jl 1377019 ONTARIO INC. Leading '''e Way NOTICE OF PUBLIC MEETING ABE'S AUTO RECYCLING I DEVELOPMENT APPLICATION BY: 1377019 ONTARIO INC. IABE'S AUTO RECYCLING) A N APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and a proposed Zoning By-law Amendment, under Sections 17 and 34 respectively, of the Planning Act, 1990, as amended. . APPLICATION DETAILS The proposed Official Plan Amendment and Rezoning applications submitted by 1377019 Ontario Inc. (Abraham Afana) proposes the development of an Automotive Salvaging and Recyding Operation with an Office/Shop Building, Parts Storage Buildings and Screened Outdoor Storage. The subject property is located in Part Lot 25, Concession B.F., former Township of Darlington, on a portion of 1913 Baseline Road West and abutting property to the east, as shown on reverse. Planning File Nos.: ZBA 2006-0034 and COPA 2006-0005 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, March 5, 2007 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, March 19, 2007, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, March 14, 2007, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Pian Amendment and approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's Department. 2nd Floor. 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 pm. at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Bob Russell at (905) 623- 3379 extension 341 or bye-mail atbrussell@clarinqton.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. nicipality of Clarington this 1" day of February 2007, D v rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 503 CD u :e " o o - ... .. :a c o ;;:; .. u o .... ~ CD ... e D.. .... - ~.;;~ II f . I~ . . . ii~ III . . . . ~r . . i~ . I~ d~i . I ~ iii. I . . I . -', bi ~la ~ z w ::E ~~ C")w g::E ;;,< ~~ <c> tOlD NO Z z 2 - c CD E 'tl C II) CD o E 0<( 9 c cg.!! 011.. o- N.!!! u 0( .- 11.5 o c o 0 - m c ";: III U u1i .E c 0= ._ u .. >- I'll U c~ o 0 1>>_ ... ::I 0< .... .... III C"l - ... CD .Q ""< !!!~ CD c ~ o 504 CI~ilJgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5, 2007 Report #: PSD-027 -07 File #: COPA 2006-0006 and ZBA 2006-0035 By-law #: Subject: REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT A CHANGE IN USE FROM A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE APPLICANT: SUSAN WOODLEY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-07 be received; 2. THAT the application to amend the Official Plan and Zoning By-law submitted by Susan Woodley be referred back to staff; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: avi . Crome, M.C.I.P., R.P.P. Director, Planning Services Reviewed by: f GFICOSIDJCldf February 23, 2007 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-027-07 PAGE 2 1.0 APPLICATION . 1.1 Applicant: Susan Woodley 1.2 Owner: Janice Seto 1.3 Proposal: The Applicant proposes a rezoning from "Urban Residential Type One (R1-12)" to a zone appropriate for the proposed use as a professional office. In addition, an Official Plan Amendment is proposed that would change the land use designation from "Community Facility" to "Mixed Use" within the Bowmanville East Town Centre Secondary Plan. 1.4 Area: Downtown Bowmanville 1.5 Location: 55 TemperanCe Street, Bowmanville, Lot 12, Concession 1, Part Lots 157 and 158, Plan Grant, Block Q, now RP10R2217, Part I. 2.0 BACKGROUND 2.1 On December 22nd, 2006, Susan Woodley submitted applications for an Official Plan Amendment, Zoning By-Law Amendment and Site Plan Approval for the lands located at 55 Temperance Street in Downtown Bowmanville. 2.2 The Applicant has submitted a Planning Rationale Report, completed by their Consultant, which outlines the need for these applications. Staff has reviewed this Report in detail and incorporated all relevant information from the Rationale Report into this Public Meeting Report to Council. The Rationale Report is available at the Planning Services Department counter should anyone wish to view it. 3.0 SITE CHARACTERISTICS AND SURROUNDING AREAS 3.1 Site Characteristics Located at 55 Temperance Street in Downtown Bowmanville, the subject property currently has one vacant single-detached residential dwelling with an existing small shed located in the rear yard. The Applicant is proposing the single-detached dwelling be converted to a professional office' use (see Figure 1.0 on following page). An existing shed and several trees are located in the rear yard and the Applicant has informed Staff that it is their intention to remove the trees and shed to allow for the accommodation of parking for a professional office on the property (see Figure 2.0 on following page). Additionally, the Applicant has notified Staff that the exterior facades of the building are to be maintained in their entirety. 602 REPORT NO.: PSD-Q27-07 PAGE 3 Figure 1.0 - Existing building Figure 2.0 - Rear yard with shed and trees 3.2 Surroundina Uses North - East - South - West - Urban Residential, Senior Condominium Building Municipal Parking Lot, Old Fire Hall Building and Water Tower Downtown Mixed Use, Directly south is a Church and Post Office Chiropractic Clinic, Bowmanville Museum, Hardware Store 603 REPORT NO.: PSD-Q27-Q7 PAGE 4 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The accommodation of a range and mix of residential and employment land uses are to be encouraged. Other properties in the immediate area have already undergone conversions such as that being proposed by the Applicant. This particular conversion would be desirable in achieving a good mix of residential and employment land uses in Downtown Bowmanville. Further, the conversion of the single-detached residential dwelling to a professional office would be a cost-effective method of minimizing land consumption and servicing costs as the building is already constructed and will fully utilize existing municipal services. The Applicant's proposal represents a unique opportunity to ensure the protection of significant built heritage in Downtown Bowmanville and should be viewed as being in conformity with the intentions of the Provincial Policy Statement. 4.2 Provincial Growth Plan Employment growth is to be accommodated by directing a significant portion of new growth to built-up areas of the commuriity. The existing single-detached residential dwelling is not being used as such and a conversion to a professional office would be seen. as accommodating new employment growth in the existing built-up area of Bowmanville. The Growth Plan encourages good access to transit systems, as well as ensuring a mix of uses and the creation of a pedestrian-friendly urban environment. The proximity of the new professional office to the existing Highway #2 regional transportation corridor provides convenient access to Durham Region Transit and GO Bus Services. The existing building is within walking distance of many homes, has existing sidewalks installed and the parking for the new professional office would be accommodated in the rear yard without taking away from the pedestrian environment. In summary, the Growth Plan encourages cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, as well as easy access to local stores and services. The Applicant's proposal for a change in use conforms to the intentions of the Growth Plan. 5.0 OFFICIAL PLAN 5.1 Durham Reoional Official Plan The Durham Regional Official Plan designates the property as a "Regional Centre." These areas are intended to contain the main concentrations of urban activities within the area municipalities, including the professional office use that is being proposed by the Applicant. . 604 REPORT NO.: PSD-027-07 PAGE 5 The Applicant's proposal for accommodating a professional office within the existing building is considered to be in conformity with the Durham Regional Official Plan. The Region has confirmed this in their comments to the Department. 5.2 Clarinaton Official Plan The Clarington Official Plan currently designates the property as "Main Central Area" and more specifically as "Community Facility" in the Bowmanville East Town Centre Secondary Plan. This designation permits a range of community-based uses such as libraries, cultural facilities, day cares, and schools, but the "Community Facility" designation within the Bowmanville East Town Centre Secondary Plan does not permit a professional office. As a result, the Applicant has proposed that the "Community Facility" designation be changed to ."Mixed Use" which would accommodate the professional office use. The requested "Mixed Use" land use designation within the Bowmanville East Town. Centre Secondary Plan would allow for the conversion of the existing single-detached residential dwelling. The Applicant intends on maintaining the existing fa9ade of the building and ensures that any alterations will complement the historic character of the Bowmanville East Town Centre. 6.0 ZONING BY-LAW 6.1 The property is currently located within the "Urban Residential Type One Exception (R 1- 12)" Zone and as such a professional office is not a permitted use. The Applicant has requested that the property be zoned appropriately for the professional office use which is being proposed. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Notice was given to the public by mail to each landowner within 120 metres of the subject property and a public notice sign was installed by the Applicant on the Temperance Street frontage for a period of one month prior to the scheduled public meeting on March 5, 2007. 7.2 At the time of writing this report, Staff has not received any objections in regard to the proposed conversion from a single-detached residential dwelling to a professional office. 605 REPORT NO.: PSD-Q27-Q7 PAGE 6 8.0 AGENCY COMMENTS 8.1 The applications and associated materials were circulated to a number of agencies for comment. Clarington Emergency Services and Veridian Corporation had no objections to the proposal. At the time of writing this Report a number of circulated agencies had not responded with comments regarding the Applicant's proposal. 8.2 The Building Division will require a "Change of Use" permit or a "Building" permit to convert the existing single family dwelling to a professional office. This may also involve the Applicant having to pay Municipal, Regional and the two school board development charges prior to the issuance of the building permit. This determination is made by the Building Division on receipt of the building permit application and required accompanying detailed plan drawings. 8.3 The Clarington Heritage Committee has commented that the structure is identified as a Secondary property in the Municipality's heritage resource inventory. The Clarington Official Plan policies regarding any changes to the exterior of the building do apply, however; the Committee notes that no changes are being proposed by the Applicant. 8.4 The Clarington Accessibility Advisory Committee has requested that the Applicant explore the possibility of installing an access ramp to complement the required disabled parking space on the property once the change in use to a professional office takes place. . 8.5 Durham Region Works Department commented that Regional Development Charges will be applicable to the subject development for any proposed additions to the existing structure and due prior to issuance of a building permit by the local municipality. In . addition, should the Applicant require additional or larger municipal water and sewer services, a detailed site-servicing drawing must be submitted to the Region for their review and approval. 8.6 Durham Planning Department has screened the applications against all relevant Provincial Plans and responsibilities and is satisfied that no Provincial interests are being compromised as a result of this application. The application is exempt from Regional approval. If a decision is made and a Clarington Official Plan Amendment is adopted it will be forwarded as required to the Region. 9.0 STAFF COMMENTS 9.1 Staff has noted that the Applicant's proposal will require the removal of several trees and an existing shed. The Applicant has agreed to replace these trees and will address this through the site plan process. 9.2 Staff has expressed concern that the small lot size might in the future threaten the ability of the lot to adequately provide parking and landscaping should the professional office use or the building it occupies be expanded. 606 REPORT NO.: PSD-027-07 PAGE 7 10.0 CONCLUSION 10.1 Based on the comments in this report, it is respectfully recommended that the proposed Official Plan amendment and rezoning applications submitted by Susan Woodley be referred back to staff for further consideration of outstanding comments and resolution of any issues. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment List of interested parties to be advised of Council's decision: Susan Woodley 607 Attachment 1 To Report PSD-027-Q7 - - c . - E 'tl C C . . 1:: S E CD E It) It) 0 . . C') 'tl 0 <C ''It E (/) c 0 0 . 0 C 'tl . 0 E . 1\1 C? C U . <C CD a:: CD. . C CD 0 E 0 ~ 0 "i 0 1\1 0 roo! 0 <C .., N "'i' cC U N C ;.: cC >- is cC 1\1 . D. a:: c ID lD 0 0 D. ~ N Q 0 C en .! c 0 C .. ii) Q .a c i u ~ / / / / / I ii\ ..... . . .. & I.;:, .~ .::j {;;' ~ ~v, t Q'iJr~ '/!. ~I .~ .f/ /~ ~ !If {/ ~ . CO j(} j ~ & . 608 PURPOS~E: LOCATION: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPF:ETATlON: Attachment 2 To Report PSD-027-07 AMENDMENT NO._ TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN .. The purpose of this amendment to the Bowmanvllle East Main Central Area Secondary Plan, within the Clarington Official Plan, is to redesignate the propertyat55 Temperance Street, Bowmanville from.'Community Facility" to 'Mixed Use Area", to permit Mixed Use Area uses including a professional office use. The subject site is located on the east side of Temperance Street, north of Church Street, on the property municipally known as 55 Temperance Street, Bowmanville within Part 1, Plan 1 OR 2217, Municipality of Clarington. this amendmi;nt is based on the resolution of the. General Purpose and Administration Committee on with respect to Official Plan AmendmentApplication The Municipality of Clarington Official Plan is hereby amended by amending Map A, land Use Downtown, Bowmanville East Main Central Area Secondary Plan, as indicated on Exhibit '1 " attached to this arnendment. The provisions set forth in the Municipality of Clarlngton Official Plan, as amended regarding implementation of the Plan shall apply to this Amendment. The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 609 ~ .... ::: t:) < CIC"" ~: !:i ....w zU) =1 ::J :;; Q ::!;w d~ ...J! ~I~ II w \!!i ~ ~. ~ ~ ~no:J ~ 3nNM'W ~ II anQW 3"lW1 II ~"~n I ~ "'z <il mil ~~~! ~ ~ i~i 115 ~ ~ ~zs ~ .g!rrl f. 5 ;li ~ g~ i z ~ IiIZ '" I ~. "I~ t> - ~ ~~ ~ mml~ IJII ~ ~~ . i ~1i: ~ ll!~ l:l = II I ~I i ! II ~i I .. !! c s: . iiJ -~c e Sl EXHIBIT "1" AMENDMENT No._TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A, LAND USE DOWNTOWN, 8CWMANVILLE EAST MAIN CENTRAL AREA SECONDAIRY PLAN 610 Pages 611 to 613 were intentionally omitted from the agenda. Cl€[-i!Jgron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: . Monday, March 5, 2007 Report #: PSD-028-07 File #: COPA 2006-0005 AND ZBA 2006-0034 By-law #: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION AND ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT AN AUTOMOTIVE SALVAGING/RECYCLING OPERATION WITH SCREENED OUTDOOR STORAGE APPLICANT: 1377019 ONTARIO INC. (ABE'S AUTO RECYCLING) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-028-07 be received; 2. THAT the application to amend the Clarington Official Plan and the application to amend the Zoning By-law be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in Report PSD-028-07 and any delegations be advised of Council's decision. Reviewed bY:U ~ ____..--G..... ~ Franklin Wu Chief Administrative Officer BR/CP/DJC/df 27 February 2007 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 614 REPORT NO.: PSD-Q28-07 PAGE 2 1.0 APPLlCA TlON DETAILS 1.2 Owner: 1377019 Ontario Inc. (Abe's Auto Recycling) 1377019 Ontario Inc. and Triad Metal Holdings ULC 1.1 Applicant: 1.3 Clarington Official Plan Amendment: To add a site specific policy to the Light Industrial Area policies to permit an Automotive Salvagingl Recycling Operation with Screened Outdoor Storage 1.4 Rezoning: Appropriate for proposed uses 1.5 Area: 9.44 ha (23.34 acres) of land comprised of 1.00 hectares (2.48 acres) of 1913 Baseline Road West: and the 8.44 hectares (20.86 acres) parcel abutting to the east: 1.6 Location: South of Baseline Road West and east of Solina Road in the Courtice urban area. The site is in Part of Lot 25, Broken Front Concession, former Township of Darlington 2.0 BACKGROUND 2.1 On December 8,2006, D.G. Biddle and Associates Ltd., on behalf of 1377019 Ontario Inc. (Abe's Auto Recycling), submitted an application to amend the Clarington Official Plan and an application to rezone the subject site to the Planning Services Department. Approval of both these applications is pre-requisite for the submission of the site plan approval application. 2.2. The official plan amendment and rezoning applications were submitted to permit the relocation from the north end of Bowmanville, an existing automotive salvaginglrecycling operation. The applicant is proposing to construct an office/shop building and four parts storage buildings on the new site. 4.35 ha (10.75 acres) of land are proposed for outdoor storage. . The applicant, together with the adjacent property owner at 1913 Baseline Road West, is proposing to extend a rail spur-line on to the site to transport auto parts and waste to markets. 2.3 In support of this application the applicant submitted the following reports: . Planning Justification Report; . Phase 1 Environmental Site Assessment; . Hydro-geological Report, Geotechnical Investigation; . Private WelllnstallationlGroundwater Sampling & Testing Report; and . Storm Water Management Letter/Report. 615 REPORT NO.: PSD-028-07 PAGE 3 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is partially agricultural and partially vacant. 3.2 The surrounding land uses are as follows: North: Baseline Road West and beyond, a rural residence and agricultural usage of vacant industrially designated land South: The St. Lawrence & Hudson (Canadian Pacific) Railway and beyond, Highway 401 East: Solina Road and beyond, vacant industrially designated limd West: Vacant industrially designated land 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property, and two public notice signs were installed, one approximately midway on the Baseline Road West frontage and one approximately midway on the Solina Road frontage. To date, staff have received no inquiries. 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement The proposal is consistent with the Statement's policies for employment areas. Economic development is being pursued through this proposal since it will result in the retention of industrial employment in Clarington. 5.2 Provincial Growth Plan For Employment Lands, this Plan does encourage an appropriate mix and wide range of employment uses including industrial uses. Also encouraged is the provision of the necessary infrastructure to support current and forecasted employment needs. Given the operation's existence in and need to relocate from North Bowmanville (Northglen Neighbourhood), its need for a rail siding. and its projected employment of approximately 120 permanent full-time people on the subject property, the proposal does conform to the Plan. 616 REPORT NO.: PSD-028-07 PAGE 4 6.0 OFFICIAL PLAN CONFORMITY 6.1 Reaional Official Plan The Durham Regional Official Plan, designates the subject property as Employment Area. Lands so designated are to provide for the development of industries and businesses that require separation from sensitive land uses and increased job opportunities, including industrial... The proposal is a relocation of an existing business from a location in northern Bowmanville where the lands are designated Living Area. The application conforms. 6.2 Clarinaton Official Plan Within the Clarington Official Plan, the site is designated as Light Industrial Area. Such areas are usually highly visible and the range of industrial uses permitted in them shall be sensitive to and compatible with abutting uses. The predominant uses of land in the Light Industrial Area shall be manufacturing, assembling, processing, fabricating, repairing, research, development and warehousing. Limited outside storage may be permitted subject to criteria. . Outside storage shall not exceed an area equivalent to 25% of the total gross building floor area. . A maximum height of 3 metres for the outdoor storage. . Outside storage areas shall be located primarily in the rear of the lot, and storage areas shall be appropriately screened so as to not have a negative impact on abutting properties and not be visible from a freeway. 6.3 The application does not conform to the Clarington Official Plan policies. A salvaginglrecycling operation is not specifically permitted in this designation. The applicant is proposing to use approximately 4.35 ha (10.75 acres) of land for outside storage, well abQVEl25% of the buildings ultimately proposed for the development. . The applicant has indicated the proposed height of the outside "inventory storage" will be less than 3 metres and it is proposed to be screened from Baseline Road by a combination of berm and buildings. 7.0 ZONING BY-LAW 7.1 Zoning By-law 84-63 zones the north portion of the subject property "General Industrial (M2)", and the south portion "Light Industrial (M1)". These Zones do not permit a salvaging/recycling operation as of right. Hence, the rezoning application. 8.0 AGENCY COMMENTS 8.1 The official plan amendment and rezoning applications were circulated to various agencies and departments for comment and review. Comments received to date are as follows. 617 REPORT NO.: PSD-028-07 PAGE 5 8.2 The Clarington Engineering Services Department, including the Clarington Building Services Division, did not object to the principle of the proposed official plan amendment and rezoning. Their comments detailed technical issues to be considered in the preparation of a site plan submission. 8.3 The Emergency and Fire Services Department did not offer any objection to the proposal and noted that the on-site water supply connection is to be no more than 90 metres from all buildings on site. 8.4 Comments remain outstanding from: Clarington Operations, Clarington Accessibility Committee, Hydro One Networks, Central Lake Ontario Conservation, Regional Planning, Regional Health, Ministry of Transportation, Bell Canada, St. Lawrence & Hudson (Canadian Pacific) Rail, Regional Police and Enbridge. 9.0 STAFF COMMENTS 9.1 Baseline Road West on the property's frontage is elevated offering a clear view of the property. Building placement berm construction and landscape treatment is proposed to screen the outside storage and ensure an acceptable image for the property, and to some extent, the area. Staff will review the issue of views from Highway 401 to the site to ensure proper screening should the development be approved. 9.2 Outside storage is close to 50% of the property's area, far in excess of the 25% of the total gross building floor area maximum set out in the Clarington Official Plan. This is of concern and will impact on adjacent uses and the image of the area. 9.3 The Building Services Division has noted an adequate water supply for firefighting purposes is required as per the building code. This may significantly alter the conceptual site plan through a solution such as a large underground storage tank. 9.4 The applicant has submitted five (5) reports in support of this application. These will be reviewed, together with the appropriate agency/department having jurisdiction, to ensure issues are appropriately addressed. 10.0 CONCLUSION 10.1 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. 618 REPORT NO.: PSD-02S-07 PAGE 6 Attachments Attachment 1 - Attachment 2 - Site Location Key Map and Property Plan Proposed Clarington Official Plan Amendment Interested parties to be informed of Council's decision: Glenn Genge, D. G. Biddle & Associates Ron Hammond, Triad Metals International Jeff Hroncick, Triad Metals International 619 .. u 'E ::I o (.) l:l. .. ~ c:: o ;; u o ..I ~ .. l:l. e a. I- Z W ::E ~c C')z oW o::E Ie( :g~ ~:s . ~~ Nt:) z z 2 - ~ ~ . i I - """"" l "'"""'" """'" --" avo~ VNIlOS ,..--J _-....i____.--.............. 11'.0// "/tfltJ$ I 1"\ , . . . ~ f" , . ~. . ~p . . I . r. . . ~ . ILl ""\ Attachment 1 To Report PSO-Q28-07 .. c CD E " c II) CD g~ o c . I'll ID- oD. o- N .!! u ::~ o c o 0 .. al C "C I'll (.) --...,,,--- - ,tJ'OIl '''111 $. Cl ~ w. z ::;. W'I C1). <I~' co'" . . ~ Iii I f I I I -I Ii! II I I I ~ I ! I f 'II I ~ o It IP d ~~~ ~Ii !~ ~ ~ ~ ~ ~ .e :1 CJ it U ~ ~ u'Si .5.5 Ou li ~ c& o GIS ... :::I ~e( ..... III CO) "CD .....a n< f- CD C ~ 620 PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: Attachment 2 To Report PSD-028-07 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON The purpose of this amendment to the Municipality of Clarington Official Plan is to permit the approval of an automotive recycling operation with outdoor storage appropriately screened from public view to the satisfaction of the Municipality.. The subject site is located south of Baseline Road, west of Solina Road, municipally known as 1913 Baseline Road, Courtice, within part of Lot 25, Broken Front Concession, former Township of Darlington, now in the Municipality of Clarington. This amendment is based on the resolution of the General Purpose and Administration Committee on with respect to Official Plan Amendment Application The Municipality of Clarington Official Plan is hereby amended by adding a new Section 11.5 as follows: "11.5 Notwithstanding any provIsions of this Plan to the contrary, the property south of Baseline Road, west of Solina Road, Courtice, may be zoned to permit an automotive recycling operation with outdoor storage appropriately screened from public view to the satisfaction of the Municipality." The Provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding implementation of the Plan shall apply to this Amendment. The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment. 621 ~~~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5, 2007 Report #: PSD-030-07 File #: ZBA 2006-0030 By-law #: Subject: REZONING APPLICATION TO PERMIT TEMPORARY PARKING LOT APPLICANT: GERR HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-030-07 be received; 2. THAT the rezoning application submitted by Gerr Holdings Limited 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: ~ Reviewedb . /'~~~ vi J. Cro ,M.C.I.P R. .P. nklin Wu, Irector of Planning Services Chief Administrative Officer RHfCOS/DJC/df 23 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 '622 REPORT NO.: PSD-Q30-Q7 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Gerr Holdings Limited 1.2 Agent: Cowan Pontiac Buick 1.3 Rezoning: To rezone the subject lands from "General Commercial (C1) Zone" to permit the development of a temporary parking lot in association with a motor vehicle sales establishment for a period not exceeding three years. 1.4 Site Area: 0.17 hectares (0.42 acres) 2.0 LOCATION 2.1 The lands subject to these rezoning and site plan applications are located in Bowmanville at 18 Brown Street between King Street East and Church Street (see Attachment 1). The applicant's land holdings total 0.17 hectares (0.42 acres). The property is located within Part Lot 11, Concession 1, in the former Town of Bowmanville. 3.0 . BACKGROUND 3.1 On November 7, 2006, Cowan Pontiac Buick, on behalf of Gerr Holdings Limited, submitted a rezoning application on the subject lands. The application proposes a temporary parking lot for a maximum period of three years to accommodate the overflow parking needs of Cowan Pontiac Buick. This will permit the dealership to reorganize their site during the reconstruction of their dealership. A site plan application (SPA 2006-0039) has been submitted. 3.2 The use of these lands for parking is considered an extension of an existing motor vehicle establishment. Since the Cowan Pontiac Buick motor vehicle sales establishment is legal non-conforming, use expansions require a development application to legally extend this use permission onto other areas of the site and, in this case, onto adjacent properties not owned by Cowan Pontiac Buick. In order to permit the use on a temporary basis, the applicant has submitted a rezoning application to consider the parking lot for a maximum period of three years. Staff would advise Council that the applicant could apply to extend the temporary zoning for one further three (3) year extension. 623 REPORT NO.: PSD-030-07 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING NEIGHBOURHOOD 4.1 The property owned by Gerr Holdings Limited is currently vacant. The land slopes gently southeast towards Brown Street. There are trees along the south and the west side of the property as well as two mature trees near the northern property boundary. 4.2 The site is located within a mature residential neighbourhood. The homes range in age between 40 to 100 years. The area to the south along King Street is an area of transition from residential to commercial, while the area to the north is an established residential area. Figure 1.0 - Existing Parking Lot from Brown Street Surrounding uses include older residential uses and Cowan Pontiac Buick to the east, older residential uses to the north, a commercial plaza and multiunit residential use fronting King Street to the south and west. 624 REPORT NO.: PSD-Q30-07 PAGE 4 Figure 2.0 - Residence to the North of Parking Lot 5.0 PROVINCIAL POLICIES 5.1 Provincial Policv Statement The Provincial Policy Statement identifies settlement areas as the focus of growth and promotes intensification of vacant and underutilized property. The proposed development does not conflict with the Provincial Policy Statement. 5.2 Growth Plan The Growth Plan focuses new growth within existing urban centres. The Plan also encourages towns to offer an array of employment opportunities. Although the proposal does not implement the intensification requirement of the Growth Plan, the proposed development, as a temporary use, is not inconsistent with the principles of the Growth Plan. 625 REPORT NO.: PSD-030-07 PAGE 5 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reoional Official Plan The lands are designated "Regional Centre" within the Durham Regional Official Plan. Commercial uses are permitted within this designation. The application conforms to the policies. 6.2 Clarinqton Official Plan The Clarington Official Plan contains a number of guiding principles for growth dealing with sustainable development, healthy communities,. and growth management. The proposal promotes the economic vitality of the area by encouraging existing business growth. The Clarington Official Plan contains' strategic policies for growth. As a temporary use to allow for the redevelopment of the existing car dealership, the proposal would assist growth and development of an existing downtown business. . The Clarington Official Plan designates the .subject lands as "Town Centre". Town Centres shall provide a full range of retail and personal service, office, residential, cultural, community, recreational, and institutional uses. Town Centres shall function as the focal points of activity, culture, and interest for residents. The proposal would support these objectives. 6.3 Bowmanville East Town Centre Secondary Plan The Bowmanville East Town Centre Secondary Plan designates the property "Street-Related Commercial Area". The policies encourage to strengthen and create businesses to serve a regional market, provide employment, and promote a diverse range of land uses to foster a healthy Iivelwork relationship. Permitted land uses include retail, service, and office uses, hotel and convention facilities, residential uses, recreational and cultural uses, and community uses. As commercial uses are permitted within this designation, the proposal conforms to the policies. 7.0 ZONING BY-LAW CONFORMITY 7.1 The lands at 18 Brown Street are currently zoned "General Commercial (C 1) Zone", which does not permit parking in association with a motor vehicle sales establishment. In order to permit the proposal, a rezoning application was submitted for consideration. 626 REPORT NO.: PSD-030-07 PAGE 6 8.0 PUBLIC SUBMISSIONS 8.1 A statutory Public Meeting was held on January 22, 2007 for this application. An agent for the resident abutting the subject lands to the north indicated the following concerns about the proposal. a) Noise and light generated by traffic using the parking lot is an issue. b) Use of the parking lot on weekends creates a nuisance issue. c) Garbage from the parking lot blows onto the neighbour's property. d) People drive over the neighbour's property through the northern entrance to the subject lands. e) Dust from parking lot creates a nuisance for the neighbour. These issues are addressed in Section 10.2 ofthis report. 9.0 AGENCY COMMENTS 9.1 A number of relevant agencies were circulated on these applications for comment. The Clarington Emergency Services Department has no objections to the proposal. 9.2 Both the Durham Regional Planning Department and Durham Regional Public Works Department have reviewed the application and offered no objection to its approval. 9.3 The Clarington Engineering Services Department has no concerns with the proposal provided that no changes to existing drainage patterns are made through this proposal. 9.4 The By-law Enforcement Division of the Clerks Department has raised concerns over lot grading, drainage, and the use of gravel as a surface treatment of the parking area. The lot grading and drainage may affect some adjacent properties. In addition, the gravel can get spun by tires onto adjacent properties. 10.0 STAFF COMMENTS 10.1 The Planning Services Department has recently granted site plan approval to permit the existing Cowan motor vehicle sales establishment to expand. This includes a dealership extension near the King Street road frontage. The redevelopment will require extensive reorganization of the site. During the construction period, Cowan will require additional employee parking which could be accommodated on the subject lands. The Planning Act permits approval of a temporary use zoning by-law for a period not exceeding three years. In order to permit the proposal on a temporary basis, these applications were submitted. 627 REPORT NO.: PSO-030-07 PAGE 7 10.2 Staff have reviewed the concerns raised by the neighbouring resident and have addressed the land use planning issues in the following manner. a) The applicant will be required to install a portion of 2.0 metre high privacy fence along the property line to the screen the house from lights. b) The applicant cannot be held responsible for the use of the subject lands after operating hours since he does not own the property. c) The applicant must ensure that the site is free of litter or garbage that may blow onto the neighbour's property. d) The applicant must ensure that their employees do not use the northern access point as a means of vehicular access to the property. e) Parking of vehicles will only be permitted on the gravelled portion of the property. The applicant will be responsible to ensure that excessive amounts of dust do not travel onto the neighbour's property. 10.3 The issues raised by the By-law Enforcement Division have been reviewed and the Clarington Engineering Services is satisfied with the proposal as long as the existing grades are not altered. In order to limit the flight of gravel onto neighbouring properties, parking will not be permitted on the sodded buffer around the property perimeter to prevent this problem. Curb stops will be required along the sidewalk area to prevent cars from parking near the sidewalk along Brown Street. These conditions will be imposed through the site plan approval process. 10.4 Based on the previous analysis, staff have issued conditions of site plan approval to the applicant and the landowner for the temporary parking lot, which include the following requirements: a) a 2.0 metre high privacy fence is to be erected along the property line to shield the house from the effects of noise and light from cars; b) a 3.0 metre strip of land along Brown Street is to be sodded or grassed; and, c) concrete curb stops are required to prevent cars from crossing the grassed strip. Staff will ensure that these conditions are implemented through a site plan agreement that is registered on title of the property. 10.5 Although the proposed temporary use zoning by-law amendment would remain in force for a three (3) year period until January 22, 2010, it is written such that it would not preclude other permitted general commercial uses to be developed within the three year period. The property owner has prepared a redevelopment plan for this property to construct a mixed use project. While this project is not being pursued at the present time, this application would not preclude this project from being constructed in advance of the three year timeframe. 628 REPORT NO.: PSD-030-07 PAGE 8 11.0 CONCLUSIONS 11.1 Based on the comments contained in this report, it is respectfully recommended to Council that the rezoning application submitted by Gerr Holdings Limited be APPROVED and that the attached Zoning By-law Amendment be ADOPTED by Council. Attachments: Attachment 1 - Key Map and Proposed Development Attachment 2 - Proposed Zoning By-law Amendment List of interested parties to be advised of Council's position: Gerr Holdings Limited Cowan Pontiac Buick D. Hoogeboom Robert Banik Vic Lewis 629 Attachment 1 rt PSO-G3O-Q7 To Repo . 1: li ~ .;J & ~ 0'0 CO) C C III o . :e E :2:~ '0 ~ :J: g ~ ... ID ... N"T . c( >- " mID i.: N g' . c C ~ ~ ~ I / I~O~q \ . 630 Attachment 2 To Report PSD-030-07 THE CORPORATION OF THE MUNICIPALl1Y OF CLARINGTON BY-LAW NO. 2007- 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 Corporation of the former Town of Newcastle in accordance with application ZBA 2006-0030 to permtt a parking lot associated wtth a motor vehicle saies establishment as a temporary use for a period not exceeding three (3) years; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Ciarington enacts as follows: 1. By adding a new Section 16.5.52 respecting lands zoned C1-52, as follows: "16.5.52 GENERAL COMMERCIAL EXCEPTION (C1-52) ZONE Notwtthstanding Section 16.1 (b), those lands zoned C1-52 on Schedule"N of this By-law may, in addition to all existing permitted use. also be used for a temporary parking lot associated with a motor vehicle sales establishment for a period not exceeding three (3) years ending January 22, 2010." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from "General Commercial (C1) Zone" to "General Commercial Exception (C1-52) Zone" as shown on the attached Schedule "A" hereto. On January 23, 2010, the zoning category will be changed back to the previous "General Commercial (C1) Zone". 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 39 of the Planning Act, R.S.O. 1990. By-Law read a first time this day of 2007 By-Law read a second time this day of 2007 By-Law read a third time and finally passed this day of 2007 Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 631 This is Schedule "A" to By-law 2007- , passed this day of . 2007 A.D. ~ Zoning Change From IC1" To IC1-52" Jim Abernethy, Moyor Patti L Barrie. Municipal Clerk VINCENT A44SSEY PUBLIC SCHOOL i~" .~ w :::J '" CI t; [S w CI Iii cri . U Qffilii Ii: w ~ IE ~~ ~ ~ ~ . QUEEN _STRm Iii KING 632 CI!llmgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5,2007 Report #: PSD-031-07 File#: PLN 17.9.4 By-law #: Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-07 be received; 2. THAT the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in the Attachment 3 to Report PSD-067-04, be extended to June 30, 2008; 3. THAT the modifications to the EIS Guidelines (Attachment 2) be APPROVED; 4. THAT the Purchasing By-Law 2006-127 be WAIVED; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: ReVieWedbY:C)~ '"',~_ Franklin Wu, Chief Administrative Officer tV ane Marano, H.B.S.C., C.M.O. Director of Corporate Services FL*DJC*df*sh 22 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 633 REPORT NO.: PSD-Q31-Q7 PAGE 2 1.0. BACKGROUND 1.1 The purpose of this report is to extend the existing roster of consultants for Environmental Impact Studies (EIS) by one year, to June 30, 2008 and modify the EIS Guidelines in keeping with the requirement of Bill 51 regarding the definition of a "complete application". 1.2 The Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application location on or adjacent to a Natural Feature identified on Map C of the Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the study to be borne by the proponent. 1.3 On October 15, 1996, Council approved the EIS Guidelines to implement the policies of the Official Plan. The Guidelines indicate that the Planning Services Department will develop-and maintain a roster of consulting firms qualified to prepare Environmental Impact Studies, and that Staff will seek Council's authorization to renew the roster every three (3) years. 1.4 On June 7, 2004, Council considered Staff Report PSD-067 -04 and approved the Rosters for the Preparation of Environmental Impact Studies as set out in Attachment 3 to Report PSD-067-04. The effective period for this Roster, as approved by Council, is July 1, 2004 to July 1, 2007. Council also amended the EIS Guidelines to improve the process. The existing Roster of Consultants is due to expire shortly. 1.5 The EIS Guidelines (Attachment 2) have been modified to meet the requirements of the definition of "complete application" as set out in Bill 51 and now incorporated into the Planning Act and its regulations. 2.0 REQUEST TO EXTEND THE PERIOD OF ROSTER 2.1 For reasons outlined below, Committee is being requested to. extend the period of the Roster by an additional one (1) year. (i) The process to renew the Consultant Roster is fairly time consuming, requiring staff time to review Expressions of Interest from several consulting firms and to conduct interviews with a number of firms. Because of the commitment of Planning Services resources to other higher priority projects, insufficient time is available to properly undertake the process to renew the Roster of Consultants. Staff from the Ganaraska Region Conservation Authority and the Central Lake Ontario Conservation Authority are also involved in the consultant selection process. (ii) The consultants on the existing Roster have provided good service. To date, a total of nine Environmental Impact Studies have been undertaken since this Roster came into effect. In addition, 2 peer reviews were carried out. In every case, Planning Services has been pleased with the product provided. 634 REPORT NO.: PSD-031-07 PAGE 3 (iii) The pre-qualification process is time consuming and costly for the consultants to participate. The existing contract in place with the different consultants allows.for an extension. 2.2 Establishment of the roster process through the pre-qualification of consultants, is a substitution for the typical process set-out in the Purchasing By-law for the engagement of consultants. Essentially, the pre-qualification process sets aside the typical purchasing process in favour of the roster. To extend the roster for one year, the Purchasing By-law 2006-127 will have to be WAIVED. 3.0 CONCLUSIONS 3.1 A one year extension for the current Roster of Consultants for the Preparation of Environmental Impact Studies will provide more time for Planning Services Staff to complete several high priority projects. This extension would bring the termination date for the current Roster to June 30, 2008. Attachments: Attachment 1 - PSD-067-04 Attachment 2 - EIS Guidelines Interested Parties to be notified of Council and Committee's decision Central Lake Ontario Conservation Ganaraska Region Conservation Authority Will McCrae, Totten Sims Hubicki Associates Jeff Warren, Marshall Macklin Monaghan Limited David Maunder, Aquafor Beech Limited Phil Niblett, Niblett Environmental Associates Inc. LGL Limited Robert Nisbet, Environmental Research Associates David Sawicki, Morrison Environmental Limited, David Stephenson, Natural Resources Solutions Inc. 635 Attachment 1 To Report PSD-031-07 Cl~gron.. REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7. 2004 Report #: PSD-067-04 File #: PLN 17.9.4 By-law #: Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-067-04 be received; 2. THAT Council endorse the document entitled "Municipality of Clarington - Guidelines for the Preparation for the Preparation of Environmental Impact Studies" , as attached to this Report as Attachment No.1; 3. THAT the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Attachment No.3 of Report PSD-067-04 be approved, and remain in effectfor the period from July 1,2004 to July 1, 2007; . 4. THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants on the EIS roster; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 636 REPORT NO.: PSO-Q67-04 PAGE 2 Submitted bY: , Reviewed by: . Franklin Wu, Chief Administrative Officer Marie Marano Director of Corporate Services FUDJC/df 2 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 637 REPORT NO.: PSO-Q67-Q4 PAGE 3 1.0 BACKGROUND 1.1 Section 4.3.8 of the Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application located on or adjacent to a Natural Feature identified on the Natural Features Map of the Official Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the Study to be borne by the developer. 1.2 The Guidelines for the Preparation of Environmental Impact Studies, was approved by Council in October 1996. Over the past eight years, rnany Environmental Impact Studies have been undertaken and completed. In addition, a number of development applications have been checked to determine whether an EIS would be required. Staff have reviewed and revised the Guidelines in light of these experiences and modified the Guidelines and prequalification process to improve their effectiveness. These modifications are based on the experience from working with the process, consultants and conservations authorities. Staff have also taken into consideration the comments and suggestions from consultants. In addition, a review of other municipalities best practices and processes were undertaken. Attachment #1 "Municipality of Cia ring ton - Guidelines for the Preparation for the Preparation of Environmental Impact Studies" is the modified process staff is recommending. 1 .3 The EIS Guidelines originally approved by Council in October 1996 have been revised to reflect the new process for selection of the EIS roster and to reflect what is occurring in actual practice. The major revisions that have been made to the Guidelines include: . Refinement to address preparation of a study for development of lands located within the Oak Ridges Moraine; . Clarification that an EIS is required for proposed development activity when it is within or adjacent to a natural feature; . Requiring a Steering Committee only for major applications or where deemed necessary by the Director of Planning Services; . Providing that the applicant can assist in preparing the Terms of Reference for an EIS study but clarifying that the Terms of Reference are to meet the requirements ofthe Planning Services Department and Conservation Authority staff; and . Requirement for a public meeting only when necessary and elimination of reporting on the findings of the EIS to Council unless the study was conducted in support of an application that would require a decision by Council. 2.0 CONSULTANT SELECTION 2.1 The Municipality issued Pre-qualifications Proposal on May 4, 2004 with submissions due May 25, 2004. A total of seven Expressions of Interest were received (see Attachment 2). This translates into 5 expressions of interest in each of the 3 categories. Some of the Expressions of Interest incorporate sub-consultants in order to provide the range of environmental expertise required by the Municipality. 638 REPORT NO.: PSO-Q67-D4 PAGE 4 2.2 In consultation with the Manager of Purchasing and staff from Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority, Planning staff reviewed ail submissions. As a result of the review, the firms listed in Attachment 3 are recommended for inclusion on the Municipality's Roster of Consultants for the Preparation of Environmental Impact Studies in the three categories. of Terrestrial Resources, Earth Sciences and Hydrogeology Resources; and Aquatics and Fishery Resources. 2.3 Based on the review committee's experience with the firms the interview process was waived, The Review Committee evaluated the consulting firms based on the evaluation criteria as set out in the proposal call. The recommended consultants are set out for each category of EIS in Attachment 3 and listed in order based on the points received for each submission. The top 3 consultants for each category are the EIS roster for that specific area of study and will be approached in the order listed, if the higher listed firm does not have time available to do the study or has a conflict of interest, the next firm on the list will be approached. . 3.0 CONCLUSION 3.1 Subject to Council's approval, the Roster of Consultants will come into effect immediately and remain in effect until June 30, 2007. . 3.2 A competitive bid process was used for the selection of the firms and the Expressions of Interest included hourly rates, which are in force for the term of the Roster as set out in the proposal call and contract. This process complies with Purchasing By-law #94-129, . in that a competitive bid process was part of the review and evaluation along with the qualifications of the firms previous related experience, knowledge of Clarington and OMB experience. 3.3 By-laws appointing the Mayor and Clerk to sign standard agreements with all the consultants on the Roster are attached to streamline the process over the life of the Roster. Attachments: Attachment 1 - "Municipality of Clarington - Guidelines for the Preparation for the Preparation of Environmental impact Studies", Attachment 2 -. Expressions of Interest Received Attachment 3 - EIS Roster by area of expertise Attachment 4 - By-laws for the EIS roster consult.ants 639 REPORT NO.: PSD-Q67-04 PAGE 5 .. Interested parties to be notified of Council and Committee's decision: Ms. Lisa Backus Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, ON L 1 H 3T3 Mr. Rob Franklin, Planner Ganaraska Region Conservation Authority P.O. Box 328 Port Hope, ON L 1A 3W4 Totten Sims Hubicki Associates 513 Division Street Cobourg, ON, K9A 5G6 Attention: Will McCrae Marshall Macklin Monaghan Limited 80 Commerce Valley Dr. East Thornhill, ON L3T 7N4 Attention: Jeff Warren Aquafor Beech Limited 14 Abacus Road Brampton, ON L6T 5B7 Attention: David Maunder Niblett Environmental Associates Inc. 1484 Highway 7A, P.O Box 160 Bethany, ON LOA 1AO Attention: Phil Niblett LGL Limited Environmental Research Associates 22 Fisher Street King City, ON L7B 1A6 Attention: Robert Nisbet Morrison Environmental Limited, 1087 Meyerside Drive, Unit 1 Mississauga, ON L5T 1 M5 Attention: David Sawicki Natural Resources Solutions Inc. 50 Westmount Road, Unit 230 Waterloo, ON N2L 2R5 Attention: David Stephenson 640 ATTACHMENT 1 MUNICIPALITY OF CLARINGTON GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH REQUIREMENTS OF THE CLARINGTON OFFICIAL PLAN 1.0 INT~ODUCTlON AND OVERVIEW The Natural Heritage System Maps of the Municipality of Clarington Official Plan identifies the location of known permanent cold and warm water streams, wetlands, significant woodlands, significant valleylands, Areas of Natural and Scientific Interest, other natural heritage features, and the Oak Ridges Moraine and Lake Iroquois Beach. Chapter 4 of the Official Plan requires that environmental studies be conducted prior to consideration of development within or adjacent to features of the natural heritage system. The purpose of these Guidelines is to set out a process for the implementation of these studies. Section 23.9 of the Official Plan requires a study to be prepared prior to development of existing lots on the Oak Ridges Moraine if the lot is within 120 metres from a natural heritage feature (Official Plan Amendment #33 - when approved). 2.0 PREPARATION OF ENVIRONMENTAL STUDIES 2.1 Determination of Need for a Study 2.1.1 A study shall be required when development is . located within or adjacent to a natural heritage feature. The natural heritage feature may be identified on the Natural Heritage System Maps contained within of the Official Plan or it may be identified during review of an application for development. 2.1.2 When initially considering development, the landowner should consult with the Planning Services Department to determine if a study.needs to be prepared. 2.1.3 Planning Services Department Staff will determine if the area subject to the proposed for development is located within or adjacent to any of the natural heritage features identified on the Natural Heritage System Maps contained within of the Official Plan. Planning Services Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the need for a study. The following matters shall be considered in this regard: o The extent and nature of the proposed development; o The significance and sensitivity of the natural heritage feature; o If the proposed development is located on the Oak Ridges Moraine; and o Opportunity for mitigative measures to be identified and implemented through either approval processes. 641 2.1.4 Unless otherwise defined in Table 4-1 of the Official Plan, the lands subject to proposed for development shall be considered as being adjacent to a natural heritage feature if the area subject to development subject lands are located within: o 120 metres of the edge of a wetland or wetland complex; o 120 metres of the edge of a tableland woodlot; o 120 metres of the top of bank of the valley for a cold water or warm water stream; o 120 metres of the edge of an Area of Natural and Scientific Interest; o 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development by Planning Services Deparbnent Staff indicates that a study pursuant to Chapter 4 of the Official Plan is required, the Planning Services Department shall notify the applicant in writing: o to advise that a study pursuant to Chapter 4 of the Official Plan is required; o to advise of the process for preparing a the study; o to request the applicant to submit a letter to the Planning Services Department advising of their willingness to participate in and fund the preparation of a the study; o to advise that Planning Services Department Staff, in consultation with the relevant Conservation Authority and other agencies as appropriate, will require a Terms of Reference for the study; o to advise the applicant that to facilitate advancing the process the applicant and their consulting planner can draft a Terms of Reference for review, modification and approval by the Planning Services Department; o to advise of the matters that will be taken into consideration in the preparation of the Terms of Reference, including: . . the matters outlined in Chapter 4 of the Official Plan; . the extent and nature of the proposed development; . the need for a scoped/site-specific or comprehensive study; . the need for a four-season study. o to advise that the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 ofthese Guidelines. o to advise that if a study is not prepared for the development, the Planning Services Department will recommend to the appropriate approval authority that the development not be approved. 2.1.6 If the review of the proposed development by Planning Services Department Staff indicates that a study is required pursuant to Section 23.9 of the Official Plan, the Planning Services Department shall notify the applicant in writing of the need for the study and address the same matters as set out in Section 2.15 above, with the exception that the applicant will be required. to select and retain the consultant to undertake the study. 642 2.1.7 The Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines with the following exceptions: o Existing lots of record on the ORM where an individual house is being proposed, or o an addition to an existing house within the ORM. In t~ese cases the landowner may select a suitable qualified consultant. , 2.2 Steering Committee 2.2.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Steering Committee shall be created to administer the. preparation of the study identified in Section 2.1.65 of these Guidelines. The Steering Committee will be comprised as follows: o Clarington Planning Services staff; . o Clarington Public Works staff (if necessary/appropriate); o Durham Region Planning staff (if necessary/appropriate); o Conservation Authority staff; o developer representative; o citizen representative (if necessary/appropriate). Planning Services staff will contact a citizens' group, the residents in the area of the development application, andlor any other groups in order to identify an appropriate . citizen representative to sit on the Steering Committee. Appointment to the Steering Committee is at the discretion of the Director of Planning Services. 2.2.2 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.3 Every effort will be made to help the members of the Steering Committee reach a consensus regarding the consultant's reports. However, in the event of a disagreement between or among the members of the Steering Committee regarding the consultant's report, the final decision shall rest with Clari~gton Planning Services Staff. 2.2.4 Section 2.2 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.3 Public Participation 2.3.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Public Information Centre will be held after the submission of the first draft of the study. The purpose of the Information Centre will be to present and explain the study to the public, and to receive the public's comments on the study. 643 2.3.2 The Public Information Centre will be attended by the consultant and appropriate staff from the Municipality of Clarington. . ' 2.3.3 Notice of the Public Information Centre will be advertised in appropriate newspapers and mailed to all persons on the Notification List for the subject development applications, a minimum of two weeks prior to the Public Information Centre. 2.3.4 The Public Information Centre will be held on a weekday evening at a location within or as close to the affected community the lands subject of the development application as possible. 2.3.5 Section 2.3 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.4 ' Study FindinQs and ReportinQ to Council 2.4.1 The consultant's final report shall address the requirements of Chapter 4 of the Official ,Plan, assess whether the development proposed would have an unacceptable impact on the natural heritage feature or its ecological functions, and make recommendations regarding measures to implement the findings of the study. Recommended measures may include: . o modifications to the proposed development, including the identification of areas to be preserved in their natural state; o engineering techniques; o conditions of draft approval for a proposed plan of subdivision; o conditions of site plan approval; o specific policies andlor designations in the Official Plan; o specific provisions in the implementing zoning by-law; o monitoring programs; o construction techniques and management. 2.4.2 If a study is prepared in association with an application for Official Plan Amendment, Rezoning, Plan of Subdivision or Plan of Condominium, then the findings of the study shall be documented within a recommendation report for the subject application to be presented at a regular meeting of the General Purpose and Administration Committee. 2.4.3 If needed, the consultant may be required to make a presentation on the findings of the study at a regular meeting of the General Purpose and Administration Committee. 2.4.4 Notice of the presentation will be mailed to all persons on the Notification List a minimum of two weeks prior to the meeting. This provision is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 644 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.1.1 4.1.2 STUDY FUNDING. The developer shall be responsible for the full cost of the study, including consultant's costs, the advertising of notices, rental of meeting rooms, but excluding Municipal Staff costs. At such time as a consulting firm has been selected to undertake the study and a cost for the entire study has been determined, the applicant shall provide funding for an amount equal to the full cost of the study. A contract between the Municipality and the consulting firm to undertake the study shall not be finalized until such time as the necessary funding for the entire study has been secured. Items 3.2 and 3.3 of these Guidelines are not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. CONSULTANT SELECTION Developina a List of Consultants The Planning Services Department will develop and maintain a roster of qualified firms or consulting teams to prepare the studies. Only those consultants on the roster will be contacted by the Municipality to submit proposals for the preparation of individual studies. 4.1.3 The Municipality, in consultation with the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority, will request a number of qualified consulting firms to submit Expressions of Interest or Prequalifications. The consulting firms will be requested to indicate the following: o qualified personnel within each of the major environmental disciplines (Earth Science and Hydrogeology; Terrestrial Resources: and Aquatic and Fishery Resources): o sub-consultants: o ratio of timelrates per hour anticipated to be spent on a study for each member of the consulting. team; o capability to assist the Municipality in developing and maintaining environmental information in a GIS environment; o capability to communicate the results of their studies. The Planning Services Department will review the Expressions of Interest or Prequalifications in consultation with th~ Conservation Authorities and the Municipality of Clarington Manager of Purchasing. On the basis of this review, Staff will recommend to Council the selection of three consulting firms for each area of discipline. These firms 645 will comprise the Municipality's roster. The Municipality will renew the list every three years or as required (eg. key personnelleavlng one of the consulting firms). 4.1.4 Upon approval by Council of the EIS roster, by-laws will be passed authorizing the Mayor and Clerk to execute contracts with the firms listed on the roster. 4.2 SelectinQ a Consultant for Individual Studies 4.2.1 When Staff determines that a study is required, the Planning Services Department in consultation with the Conservation Authority, will determine the key area of environmental discipline to be studied, and then from the roster determine which firm or consulting team will be invited to submit a proposal. 4.2.2 Planning Services Department Staff and staff from the appropriate Conservation Authority will review the proposal submitted by the consultant and, on the basis of this review, will recommend that the study proceed. If the selected consultant declines, or the proposal is not acceptable, the Planning Services Department will offer the next team on the roster the opportunity to undertake the study. 4.2.3 The Director of Planning Services is authorized to approve a specific study proposal by a consultant on the roster provided that funding to cover the full costs of the study has been provided by the applicant. 646 EIS Pre-Qualifications Proposal- Firms Submitting and Categories ATTACHMENT 2 o Totten Sims Hubicki Associates, 513 Division Street, Cobourg, ON, K9A 5G6 With Morrison Environmental Limited Earth Sciences and Hydrogeology Resources o Marshall Macklin Monaghan Limited, 80 Commerce Valley Dr. East, Thornhill, ON, L3T 7N4 Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources . o Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, L6T 5B7 Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o Niblett Environmental Associates Inc., 1484 Highway 7A, P.O Box 160, Bethany, ON, LoA 1AO with Geo-Logic Inc. Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o LGL Limited, Environmental Research Associates, 22 Fisher Street, King City, ON, L7B 1A6 . Aquatic and Fishery Resources, Terrestrial Resources o Morrison Environmental Limited ,1 087 Meyerside Drive, Unit 1, Mississauga, ON, L5T 1 M5 Earth Sciences and Hydrogeology Resources o Natural Resources Solutions Inc., 50 Westmount Road, Unit 230, Waterloo, ON, N2L 2R5 Aquatic and Fishery Resources, Terrestrial Resources 647 ATTACHMENT 3 Municipality's Roster of Consultants for EIS (Environment Impact Studies) based on the categories of specialty set out in the proposal call. Earth Science and Hydrogeology Resources' 1. Aquafor Beech Limited 2. Totten Sims Hubicki (TSH) with Morrison 3. Marshall Macklin Monaghan Limited (MMM) Terrestrial Resources' 1. Aquafor Beech Limited 2. Niblett Environmental Associates .3. Marshall Macklin Monahan Aquatic and Fishery Resources' 1. Niblett Environmental Associates 2. Aquafor Beech Limited 3. LGL Limited, Environmental ResearchAssociates . Wetlands may fall into any of the three categories (the areas of specialty) and will be determined during the preparation of the terms of reference. 648 ~I IAIJHIVlt:NI 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2004- being a By-law to authorize a contract between the Corporation of the Municipality of Glaringlon and Totten Sims Hubicki Associates, 513 Division Street, Cobourg, ON, K9A 5G6 to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Earth Sciences and Hydrogeology Resources as pertheir proposal of May 25,2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS PS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Totten Sims Hubicki Associates, Cobourg. Ontario. and said Corporation. By-law read a first and second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. tsarrie, Municipal Clerk 649 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Marshall Macklin Monaghan Limited.aO Commerce Valley Dr. East, Thornhill ON, l3T 7N4 to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Earth Sciences and Hydrogeology Resources, and Terrestrial Resources as per their proposal of May 25, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1 : THAT the Mayor and Clerk are hereby authorized 10 execute, on behalf of the Corporation of the Municipality of Claringlon and seal with the Corporation Seal, a contract between, Marshall Macklin Monaghan Limited, Thornhill, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY -LAW read a thirdtime and finally passed this day of 2004 John Mutton. Mayor Patti L Barrie, Municipal Clerk . 650 THE CORPORATION OF THE MUNICIPAliTY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract betWeen the Corporation of the Municipality of Clarington and Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, L6T 5B7 10 enter into an agreement for consulting services for the Environmenlallmpact Studies Roster I the area of Earth Sciences and Hydrogeology Resources, Terrestrial Resources, and Aquatic and Fishery Resources as per their proposal of May 25, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY. ENACTS f>S FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Mun icipality of Clarington and seal with the Corporation Seal, a contract between, Aquafor Beech Limited, Brampton, Ontario. and said Corporation. By-law read a first and second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 651 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 20M- being a By-law to authorize a contract between the Corporation of the Municipality of Clarlngton and Niblett Environmental Associates Inc., 1484 Highway 7A, P.O Box 160, Bethany, ON, LOA 1AO to enter into an agreement for consulting services for the Environmental Impact Studies Rosler in the area of Terrestrial Resources Aquatic and Fishery Resources as per their proposal of May 20, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS N3 FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal. a contract between, Niblett Environmental Associates Inc., Bethany; Ontario. and said Corporation. By-law read a first and second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, MuniCipal Clerk 652 THE CORPORATION OF THE MUNICIPALITY OF l:;LARINGTON BY-LAW 2004- being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and lGl Limited, Environmental Research Associates, 22 Fishe r Street. King' City. ON. l7B 1A6 to enter into an ag~ment for consulting services for the Environmental Impact Studies Roster in the area of Aquatic and Fishery Resources as pertheir proposal of May 25, 2004 THE CORPORATION OF THE MUNiCiPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1 _ THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, lGl Limited, Environmental. Research Associates, King City, Ontario, and said , Corporation. By-law read a first and second time, this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton. Mayor Patti L. Barrie, Municipal Clerk 653 Attachment 2 To Report PSD-031-07 MUNICIPALITY OF CLARINGTON GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH REQUIREMENTS OF THE CLARINGTON OFFICIAL PLAN 1.0 INTRODUCTION AND OVERVIEW The Natural Heritage System Maps of the Municipality of Clarington Official Plan identify the location of known permanent cold and warm water streams, wetlands, significant woodlands, significant valleylands, Areas of Natural and Scientific Interest, other natural heritage features, and the Oak Ridges Moraine and Lake Iroquois Beach. Chapter 4 of the Official Plan requires that environmental impact studies be conducted prior to consideration of any proposed development within or adjacent to features of the natural heritage system. The purpose of these Guidelines is to set out a process for the implementation of these studies. Section 23.9 of the Official Plan requires a study (Natural Heritage Evaluation of Hydrological Evaluation) to be prepared prior to development of existing lots on the Oak Ridges Moraine if the lot is within the minimum area of influence from a natural heritage feature). The policies regarding these studies are contained in the Official Plan sections 4.4.42 and 4.4.43 respectively. 2.0 PREPARATION OF ENVIRONMENTAL IMPACT STUDIES 2.1 Determination of Need for a Study 2.1.1 A study shall be required when a proposed development is located within or adjacent to a natural heritage feature. The natural heritage feature may be identified on the Natural Heritage System Maps contained within the Official Plan or it may be identified during pre-consultation with a proponent for a proposed development. 2.1.2 When initially considering a proposed development, the landowner should consult with the Planning Services Department to determine if a study needs to be prepared. The definition of a "complete application" will be as per the most recent version of the Planning Act or regulations. 2.1.3 Planning Services Department Staff will determine if the area subject to the proposed development is located within or adjacent to any of the natural heritage features identified on the Natural Heritage System Maps (Maps C and D) contained within the Official Plan. Planning Services Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the need for a study. The following matters shall be considered in this regard: o The extent and nature of the proposed development; o The significance and sensitivity of the natural heritage feature; o If the proposed development is located on the Oak Ridges Moraine; and B54 o Opportunity for mitigative measures to be identified and implemented through other approval processes. 2.1.4 Unless otherwise defined in Table 4-1 of the Official Plan, the lands subject to proposed development shall be considered as being adjacent to a natural heritage feature if the area subject to a proposed development is located within: o 120 metres of the edge of a wetland or wetland complex; o 120 metres of the edge of a tableland woodlot; o 120 metres of the top of bank of the valley for a cold water or warm water stream; o 120 metres of the edge of an Area of Natural and Scientific Interest; o 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development by Planning Services Department Staff indicates that a study pursuant to Chapter 4 of the Official Plan is required, the Planning Services Department shall notify the proponent in writing: o to advise that a study pursuant to Chapter 4 of the Official Plan is required; o to advise of the process for preparing-the study; o to request the applicant to submit a letter to the Planning Services Department advising of their willingness to participate in and fund the preparation of the study; o to advise that Planning Services Department Staff, in consultation with the relevant Conservation Authority and other agencies as appropriate, will require a Terms of Reference for the study; o to advise the proponent that, to facilitate advancing the process, the proponent and their consulting planner should draft a Terms of Reference ,for review, modification and approval by the Planning Services Department and the applicable Conservation Authority; o to advise of the matters to be taken into consideration in the preparation of the Terms of Reference, including: . the matters outlined in Chapter 4 of the Official Plan; . the extent and nature of the proposed development; . the need for a scoped/site-specific or comprehensive study; . the need for a four-season study. o to advise that the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. o in the absence of a specific definition of a "complete application" in the Official Plan, the Planning Services Department will consider the EIS requirement portion of an application "complete" when the funding for the EIS has been accepted by the Planning Services Department for the full cost of the EIS study, to allow the application to proceed through the process. 2.1.6 Except as provided for in Section 2.1.7 of these Guidelines, the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. 655 2.1.7 The proponent will be required to select and retain the consultant to undertake the study: o If the review of the proposed development by Planning Services Department Staff indicates that a study is required pursuant to Section 23.9 of the Official Plan (Existing Lots), o If a single house is being proposed on an existing lot of record on the ORM; or o If an addition to an existing house is proposed within the ORM; or o If accessory uses are proposed to a legally permitted existing house on the ORM. The Planning Services Department shall notify the-proponent in writing of the need for the study and that the study shall address the same matters as set out in Section 2.1.5 above. 2.2 SteerinQ Committee 2.2.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Steering Committee shall be created to administer the preparation of the study identified in Section 2.1.5 of these Guidelines. The Steering Committee will be comprised of any combination of representatives from the following agencies/departments: o Clarington Planning Services staff; o Clarington Engineering Services staff (if necessary/appropriate); o Durham Region Planning staff (if necessary/appropriate); o Conservation Authority staff; o developer representative; o citizen representative (if necessary/appropriate). Planning Services staff will contact a citizens' group, the residents in the area of the proposed development application, and/or any other groups in order to identify an appropriate citizen representative to sit on the Steering Committee. Appointment to the Steering Committee is at the discretion. of the Director of Planning Services. 2.2.2 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.3 Every effort will be made to help the members of the Steering Committee reach a consensus regarding the consultant's reports. However, in the event of a disagreement between or among the members of the Steering Committee regarding the consultant's report, the final decision shall rest with Clarington Planning Services Staff. 2.2.4 Section 2.2 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 656 2.3 Public Participation 2.3.1 For major proposed development applications or where otherwise deemed appropriate by the Director of Planning Services, a Public Information Centre will be held after the submission of the first draft of the study. The purpose of the Information Centre will be to present and explain the study to the public, and to receive the public's comments on the study. 2.3.2 The Public Information Centre will be attended by the consultant and appropriate staff from the Municipality of Clarington. 2.3.3 Notice of the Public Information Centre will be advertised in appropriate newspapers and mailed to all persons on the Notification List for the subject proposed development applications, a minimum of two weeks prior to the Public Information Centre. 2.3.4 The Public Information Centre will be held on a weekday evening at a location within or as close to the lands subject of the proposed development proposal as possible. 2.3.5 Section 2.3 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.4 Study FindinQs and ReportinQ to Council 2.4.1 The consultant's final report shall address the requirements of Chapter 4 of the Official Plan, assess whether the proposed development proposed would have an unacceptable impact on the natural heritage feature or its ecological functions, and make recommendations regarding measures to implement the findings of the study. Recommended measures may include: o modifications to the proposed development, including the identification of areas to be preserved in their natural state; o engineering techniques; o conditions of draft approval for a proposed plan of subdivision; o conditions of site plan approval; o specific policies and/or designations in the Official Plan; o specific provisions in the implementing Zoning By-law; o monitoring programs; and, o construction techniques and management. 2.4.2 If a study is prepared in support of an application for Official Plan Amendment, Rezoning, Plan of Subdivision or Plan of Condominium, then the findings of the study shall be documented within a recommendation report for the subject application to be presented at a regular meeting of the General Purpose and Administration Committee. 2.4.3 If needed, the consultant may be required to make a presentation on the findings of the study at a regular meeting of the General Purpose and Administration Committee. 2.4.4 Notice of the presentation will be mailed to all persons on the Notification List a minimum of two weeks prior to the meeting. This provision is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 657 3.0 STUDY FUNDING 3.1 The proponent shall be responsible for the full cost of the study, including consultant's costs, the advertising of notices, rental of meeting rooms, but excluding Municipal Staff costs. 3.2 At such time as a consulting firm has been selected to undertake the study and a cost for the entire study has been determined, the applicant shall provide funding for an amount equal to the full cost of the study. 3.3 A contract between the Municipality and the consulting firm to undertake the study shall not be finalized until such time as the necessary funding for the entire study has been secured. 3.4 Items 3.2 and 3.3 of these Guidelines are not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 4.0 CONSULTANT SELECTION 4.1 Developing a List of Consultants 4.1.1 The Planning Services Department will develop and maintain a roster of qualified firms or consulting teams to prepare the studies. Only those consultants on the roster will be contacted by the Municipality to submit proposal for the preparation of individual studies. 4.1.2 The Municipality, in consultation with the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority, will request a number of qualified consulting firms to submit Expressions of Interest or Pre-qualifications. The consulting firms will be requested to indicate the following: o qualified personnel within each of the major environmental disciplines (Earth Science and Hydrogeology; Terrestrial Resources; and Aquatic and Fishery Resources); o sub-consultants; o ratio of time/rates per hour anticipated to be spent on a study for each member of the consulting team; o capability to assist the Municipality in developing and maintaining environmental information in a GIS environment; o capability to communicate the results of their studies. 4.1.3 The Planning Services Department will review the Expressions of Interest or Pre- qualifications in consultation with the Conservation Authorities and the Municipality of Clarington Manager of Purchasing. On the basis of this review, Staff will recommend to Council the selection of three consulting firms for each area of discipline. These firms 658 will comprise the Municipality's roster. The Municipality will renew the list every three years or as required (eg. key personnel leaving one of the consulting firms). 4.1.4 Upon approval by Council of the EIS roster, by-laws will be passed authorizing the Mayor and Clerk to execute contracts with the firms listed on the roster. 4.2 Selectin~ a Consultant for Individual Studies 4.2.1 When Staff determines that a study is required, the Planning Services Department in consultation with the Conservation Authority, will determine the key area of environmental discipline to be studied, and then from the roster determine which firm or consulting team will be invited to submit a proposal. 4.2.2 Planning Services Department Staff and staff from the appropriate Conservation Authority will review the proposal submitted by the consultant and, on the basis of this review, will recommend that the study proceed. If the selected consultant declines, or the proposal is not acceptable, the Planning Services Department will offer the next team on the roster the opportunity to undertake the study. 4.2.3 The Director of Planning Services is authorized to approve a specific study proposal by a consultant on the roster provided that funding to cover the full costs of the study has been provided by the applicant. 659 CI~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 5, 2007 Report #: PSD-032-07 File #: SPA 2005-022 By-law #: Subject: IMPLEMENTATION OF PRINCIPLES OF UNDERSTANDING WITH HALLOWAY HOLDINGS LIMITED: TRANSFER OF CERTAIN RESERVES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Council receive and approve this report; 2. THAT Council pass a by-law declaring the lands shown as Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to be surplus (Attachment 4); 3. THAT subject to Recommendation 4, after notice is given to the public pursuant to By- law 95-22 of the proposed sale of Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to Halloway Holdings Limited for a nominal consideration, Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute the transfer of Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to Halloway Holdings Limited for a nominal consideration (Attachment 5); 4. THAT Staff and the Municipality's solicitor be directed to complete the transfer referred to in Recommendation 3 after the payment referred to in paragraph 8 of the Principles of Understanding dated March 1, 2006 between the Municipality of Clarington and Halloway Holdings Limited ("Halloway Principles") has been made to the Municipality in accordance with the aforesaid paragraph 8; and 5. THAT Staff and the Municipality's Solicitor be authorized to take all necessary actions to implement the intent of paragraphs 8 and 10 of the Halloway Principles. Submitted by: David . Crome, M.C.I.P., R.P.P. . Director of Planning Services RevieWedbY:~~ Franklin Wu, Chief Administrative Officer DJC'sn February 27, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 660 REPORT NO.: PSD-032-07 PAGE 2 1.0 BACKGROUND 1.1 At its meeting held on March 1, 2006, Council approved the recommendations contained in Report PSD-027-06. At that time, Council adopted Official Plan Amendment 43 to implement the Commercial Policy Review for the Municipality and also adopted Official Plan Amendment 44 to amend the Bowmanville West Town Centre. Secondary Plan. At the meeting, Council also passed Zoning By-law Amendment 2006- 047 which, among other things, implemented the Bowmanville West Town Centre Secondary Plan, as amended and the Principles of Understanding between Halloway Holdings Limited ("Halloway") and the Municipality dated March 1, 2006 ("Halloway Principles") as they apply to the Halloway lands as generally described below. 1.2 The Halloway Principles deal with the development of Halloway's lands located between Regional Highway No.2, Green Road, the unopened Concession 2 Road Allowance and Clarington Boulevard shown on the map contained in Attachment 1 ("Halloway Lands"). The development is to include a home improvement store proposed to be owned and operated by Home Depot. The development of the Halloway Lands is shown on the Concept Plan for Development contained in Schedule C of the Halloway Principles. The Concept Plan for Development is also contained in Attachment 2 to this report. 1.3 Prior to Official Plan Amendment 44 coming into force, the Bowmanville West Main Central Area Secondary Plan had provided for Uptown Avenue to be extended north- westerly through the proposed Home Depot site to intersect with Street H. The latter street was to be located on the unopened Concession 2 Road Allowance referred to above. 1.4 Halloway's predecessor in title to the easterly portion of the Halloway Lands on the west side of Clarington Boulevard was Willsonia Industries Limited ("Willsonia"): Willsonia had transferred to the Municipality and constructed at its cost the portion of Clarington Boulevard located between Regional Highway No. 2 and the northerly limit of the intersection of Clarington Boulevard and Uptown Avenue. Willsonia had also dedicated and constructed Uptown Avenue easterly from Clarington Boulevard and developed the Cineplex Odeon Theatre, East Side Mario's, and Burger King on the east side of Clarington Boulevard. The transfer and construction of the public streets by Willsonia was required by the provisions of a Servicing Agreement with the Municipality dated May 24, 1994. It is registered on the title to the Willsonia lands. It has been amended by the First and Second Amending Agreements. 1.5 The Second Amending Agreement to the Servicing Agreement is dated June 2, 2003. It was made after Halloway had purchased the Willsonia lands and provided for Halloway to assume certain of Willsonia's obligations under the Servicing Agreement as amended. These included responsibility for the payment of the cost of the extension of Clarington Boulevard from its intersection with Uptown Avenue to the southerly limit of the Concession 2 Road Allowance. 661 REPORT NO.: PSD-032-Q7 PAGE 3 1.6 In order to protect the north-westerly extension of Uptown Avenue through the portion of the Halloway lands acquired from Willsonia, the Second Amending Agreement to the Servicing Agreement required the transfer of the 0.3 meter reserves shown as Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 ("Reserves") to the Municipality. The Reserves were transferred to the Municipality by Instrument No. DR228537. The Reserves are shown on the map contained in Attachment 1. 1.7 The intent of the transfer of the Reserves was to protect the Municipality's interests in the planned north-westerly extension of Uptown Avenue. At the same time, however, paragraph 6.1 of the Second Amending Agreement to the Servicing Agreement provided in part that the Municipality agree to consider road patterns other than those shown in the Urban Design Guidelines contained in the Bowmanville West Main Central Area Secondary Plan. 1.8 The Concept Plan for Development provides for the termination of Uptown Avenue at its intersection with Clarington Boulevard and the construction of a new public street, the Stevens Road Extension on the unopened Concession 2 Road Allowance which abuts the northerly limit of the Halloway lands. The Stevens Road Extension is intended to replace the function of Uptown Avenue as an east-west component of the planned grid system of public streets paralleling Regional Highway No.2. Official Plan Amendment 44 (which now is in force) in effect also replaced the previously planned north-westerly extension of Uptown Avenue from Clarington Boulevard with the Stevens Road Extension. 1.9 Paragraph 10 of the Halloway Principles (Attachment 3) provides for the Reserves to be transferred to Halloway for a nominal consideration, subject to the Municipality releasing Halloway, among other things, from certain contractual obligations respecting Uptown Avenue as provided in the Servicing Agreement, as amended, in return for the payment by Halloway of $200,000.00 to the Municipality for this release as provided in to paragraph 8 of the Halloway Principles (Attachment 3). 1.10 Paragraph 8 of the Halloway Principles provides that the payment of $200,000.00 to the Municipality is the consideration for the release of Halloway's obligation provided for under the Servicing Agreement as amended to dedicate certain lands required for and to construct at its cost the part of the north-westerly extension of Uptown Avenue from Clarington Boulevard. The payment is to be made on or before the expiry of the 30 day period following the latest to occur of the removal of the H (Holding) symbol from the zoning of the Home Depot site shown as Precinct "Y" on the Concept Plan for Development, and the granting of final site plan approval for the planned home improvement site. On the receipt of the payment, Halloway's contractual obligations respecting the extension of Uptown Avenue westerly from Clarington Boulevard are deemed to be released. In addition, the Municipality is required to execute a good and valid release of the provisions of the Servicing Agreement as amended, respecting the dedication and construction of the extension of Uptown Avenue for registration in the Land Registry Office. 662 REPORT NO.: PSD-032-07 PAGE 4 2.0 COMMENTS 2.1 Subsection 268(1) of the Municipal Act, 2001 requires every municipality to pass a by- law establishing procedures, including the giving of notice to the public governing the sale of land. By-law 95-22 established these procedures for the Municipality of Clarington. It was passed under the predecessor of the Municipal Act, 2001 and continues in force. 2.2 Subsection 268(3) of the Municipal Act, 2001 requires that before selling any land, the Municipality shall, (a) by by-law or resolution declare the land to be surplus; (b) obtain at least one appraisal of the fair market value of the land; and (c) give notice to the public of the proposed sale. 2.3 However, subsection 268(8) excludes the following classes of land for which an appraisal is required before the Municipality may sell it among others: land 0.3m or less in width in connection with an approval or decision under the Planning Act; and land that does not have direct access to a highway if sold to the owner of land abutting that land. 2.4 In the case of land which is proposed to be sold owned by the Municipality, section 2 of ' By-law 95-22 requires that at least one appraisal of the fair market value of the land should be obtained before Council decides to sell it, unless an appraisal is not required under the Act. The Municipality's Solicitor advises that an appraisal of the Reserves is not required under the Act and therefore, an appraisal of the Reserves is not required under section 2 of By-law 95-22. As noted above, paragraph 10 of the Halloway Principles provides for the transfer of the Reserves to Halloway for a nominal consideration once the conditions specified in that paragraph are satisfied. 3.0 RECOMMENDATIONS 3.1 Staff recommend that after complying with the notice proVISions of By-law 95-22, Council pass a by-law declaring that the Reserves are surplus. 3.2 Staff recommend that Council pass a by-law authorizing the Mayor and Municipal Clerk on behalf of the Municipality to execute the transfer of the Reserves to Halloway for a nominal consideration in order to implement the land use plan for the development of the Halloway lands as set out in Official Plan Amendment 44 and in the Concept Plan for Development contained in the Halloway Principles. 3.3 Staff also recommend that Council direct Staff and the Municipality's Solicitor to complete the transfer of the Reserves to Halloway after the payment of $200,000.00 is made to the Municipality pursuant to paragraph 8 of the Halloway Principles. 663 REPORT NO.: PSD-032-Q7 PAGE 5 3.4 Staff recommend that Staff and the Municipality's Solicitor be authorized to take all necessary actions to implement the intent of paragraphs 8 and 10 o.f the Halloway Principles. Attachments: Attachment 1 Attachment 2 - Attachment 3 - Map Concept Plan for Development Section 8 and 10 Excerpts from the Halloway Holdings Limited Principles of Understanding with the Municipality of Clarington By-law declaring Parts 2, 3, 4, 5 and 7 on Plan 40R-24257 surplus By-law to authorize execution of a transfer of Parts 2, 3, 4, 5 and 6 on Plan 40R-24257 to Halloway Holdings Limited Attachment 4 - Attachment 5 - List of interested parties to be advised of Council's position: Robert Hann, Halloway Holdings Limited Brent Clarkson, MHBC Planning Limited Sylvain Rivet, Home Depot of Canada Inc. 664 Attachment 1 to Report PSD-032-07 Road Allowance between Concessions 1 & 2 Parts 2 Plan to be (0.30 Future Borne Depot Site 6 inclusive OR-24257 ransferred reserve) Theatre Parking Lots Uptown Avenue Existing Scotia Bank and Parking Lot ... .. .. t :; ~ = = ~ - .. = 1: .. U Existing Cinemas, East Side Mario's, and Barveys liiD~ ""WaylV, 0.2 ~ W~E 8 Reserves to be Transferred to Halloway Holdings Limited File: SPA 2005-022 665 G:\ArcMap\SpaKeys\SPA 2005-022 UptownAveClaringtonBlvd.mxd Attachment 2 to Report PSD-032-07 ~ ., r ~~ ~I I. "I I' .\ - it.'jiiJ' i I'! ~ ~m!ljhn ! LiI '= ~; ; Ill,! I' ! III I, I I 11:'1111' Il li~ ii~ nF UBI ! ... 'J" ~i~lijl! 1 fl ~ o 1111111 ,.~11U1J !,.. . ., , '- '- I I 1 1 I I I 1 if J I, ' 4! to't: l' I 1 , -> ._...J I I ____________, / : ~ I ' , -i-___~_.....IUiM.U'lI3L' __J. r r..-~-pll!o'i'01--1 - , , i I : ~ ~ r ! ...L_____________-l I~ ~'il ! II! ;W, ! , ~ , , , ! : I i _____________J \.....--.---- I , , , I I I I I I I I I I ~ Q ~ .. ~ ~ .. ... HSU !I III" .. -,-,-,-, $, :i::i:i::ili~::i::i ::is:' ! m!!m II i. i ii. j""UHU I). '"111\\111 I' d s ul~d \.....-.- I - - ; . ~ ~; I..!, i ~ !III Ii liI- ~l >~~'~'l: -'1' ~ i~JI l___ , I -~- " T" Ii- I 6'.l'tl'-.!rn.'lI'I!.-~'l!I' ~-- -7----- ./~.. ' I / (/ .. ~ ~ . I ; ; . j -. aYOH N~3H~ 666 Attachment 3 to Report PSD-032-07 PRINCIPLES OF UNDERSTANDING THESE PRINCIPLES OF UNDERSTANDING (''Principles') made as of the 1st day of March, 2006. BETWEEN: HALLOWAY HOLDINGS LIMITED (hereinafter called the "Owner") OF THE FIRST PART -and- THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON (hereinafter called the ''Municipality') OF THE SECOND PART WHEREAS: A. At its meeting held on March 1, 2006, the Council of the Municipality adopted Official ,Plan Amendment Nos. 43 and 44 ("OPA 43" and "OPA 44") and passed Zoning By-law Amendment Nos. 2006-046 and 2006-047 as recommended in Report #PSD-027-06. Copies of OPA 43, OPA 44, Zoning By-law Amendment Nos. 2006-046 and 2006-047 are contained in Schedule "A" hereto; B. The Owner is the owner in fee simple of the lands described under PINs 26613-0106, 26613-0107, 26613-0033, 26613-0034 and 26613-0035 for instruments registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office') 667 12 required release. The transfer to the Municipality of any lands to be exchanged for any portion of the alignment of Private Road C shall be in fee simple absolute, free and clear of all encumbrances and restrictions except Permitted Encumbrances provided for in Schedule "G". (c) For the purpose of these Principles the term "Total Floor Area" has the same meaning as it has for the purposes of the Municipality's Zoning By-law, By-law 84-63, as amended, except that in the case of lands within a Large Format Commercial (C8) Zone established by Zoning By-law Amendment 2006-047, the area of a permitted "garden centre" as defined in section 22A.1{a){vi) which is added to the aforesaid By-law 84-63 by section 2 of Zoning By-law Amendment 2006-047, shall be excluded from the calculation of the Total Floor Area of buildings or structures, provided that the required parking is provided.. Payment to the Municipality as Consideration for the Release of Contractual Oblil!ations Respectinl! the Uptown Avenue Extension 8. On or before the day that is thirty (30) days after the latest to occur of (1) the date of Final Approval of the Planning Documents to permit the Owner's Commercial Lands to be developed for retail commercial and service uses, (2) the removal of the H (Holding) symbol from the provisions of Zoning By-law Amendment 2006-047 as it applies to Precinct "V" shown on the Concept Plan for Development, and (3) the granting of final site plan approval of a home improvement store building on the aforesaid Precinct "Y", the Owner shall pay to the Municipality the sum of Two Hundred Thonsand ($200,000.00) Dollars in cash or by negotiable cheque. The payment is consideration for the release by the Municipality of the Owner's obligation to dedicate a portion of the lands referred to in Recital B and to construct thereon at its cost, the extension of Uptown Avenue westerly from Clarington Boulevard. The contractual obligations of the Owner are contained in the Servicing Agreement between the Municipality, Willsonia Industries Limited and Clarington Place Limited dated May 24, 1994 as amended by the First Amending Agreement between the Municipality, Clarington Place Limited and Willsonia Industries Limited and as further amended by the Second Amending Agreement between 668 13 the Municipality, the Owner and Willsonia Industries Limited dated June 13, 2003. (Both the Servicing Agreement and the First Amending Agreement are contained in Schedule "G" in Instrument No. D472409 The Servicing Agreement as amended by the First Amending Agreement and the Second Amending Agreement collectively are referred to as the "Servicing Agreement As Amended".) A copy of the Second Amending Agreement is registered in the Land Registry Office as Instrument No. DR228472. On receipt of the aforesaid payment, the obligations of the Owner respecting the aforesaid extension of Uptown Avenue shall be deemed to be released and the Municipality shall forthwith, and in any event, no later than thirty (30) days following its request of documentation from the Owner, execute a good and valid release of the provisions of the Servicing Agreement As Amended, respecting the dedication and construction of the aforesaid extension of Uptown Avenue and such other documents prepared by the Owner as may be required to implement the intent of this sentence. Upon the transfer of Precinct "Y" with the consent of the Durham Land Division Corrunittee pursuant to paragraph 3 above, the Municipality shall prepare and execute all such documents (including, without limitation, the passing and registration of any required by-laws to pennit the execution and registration of such documentation), as are required to release the following . instruments from title to Precinct "Y": (i) Instrument No. D472409 as amended by Instrument Nos. D540060 and LT970915; and (ii) Instrument No. DR228472, each as it may be amended, and such other documents as may be required to implement the intent of this sentence. The by-laws, documentation and other documents shall be registered on title by the Owner at its cost. Prior to releasing the aforesaid Instruments from title to Precinct "Y", the Municipality and the Owner shall execute such amendments to the aforesaid Instruments as the Municipality's Director of Planning Services, acting reasonably, considers to be necessary to preserve the Servicing Agreement as Amended in their application to lands that are not included within Precinct "Y". The Owner shall prepare and deposit on title at its cost a reference plan of survey which shows Precinct "Y". The Owner shall pay the Municipality its reasonable costs for legal fees and disbursements in connection with the implementation of this paragraph for-.hwith after written notice requesting payment is given by the Municipality to the Owner. 669 14 Implementation of Concept Plan for Development Throul!h Site Plans 9. (a) The Owner will prepare or will require successors in title of any part of the Owner's Commercial Lands to prepare site plans forthe development of its lands that are consistent with the Concept Plan for Development. The Municipality and the Owner irrevocably authorize the Municipality's Director of Planning Services, acting reasonably, and after prior consultation with the Owner, to amend the Concept Plan for Development, if necessary, by revising it to respond appropriately to issues that may be raised by the Owner, the Municipality's staff or commenting agencies in reviewing and commenting upon applications for site plan approval made by the Owner or by an "Assuming Owner" (as hereafter defined) pursuant to section 41 of the Planning Act. The site plans shall be submitted to the Municipality for approval under section 41 of the Planning Act. Without limiting the generality of the foregoing, the provisions of paragraphs 6 and 7 and Schedule ''F'' of these Principles referable to Private Road C shall be repeated in each site plan agreement{s) required to be made as a condition of any site plan approval under section 41 of the Planning Act. It is understood and agreed that the Owner in subsequent submissions as part of the site plan approval process for buildings other than the proposed home improvement store on Precinct "Y", will make its submissions consistent with the Concept Plan for Development. The Municipality will seek to accommodate the needs of tenants or prospective tenants of the Owner by making decisions that will respect their needs while making decisions. that are consistent with the Concept Plan for Development. The Owner will not ask the Municipality to approve nor will the Owner refer or appeal any site plan that is not consistent with the Concept Plan for Development to the Ontario Municipal Board, provided that on the implementation of this paragraph 9( a) in respect of either Precinct "X" or Precinct "Y" through the completion of the development thereof in accordance with the Concept Plan for Development, the requirement of this paragraph 9{a), shall terminate. 670 IS (b) The Municipality aclmowledges that Drawings A-lOO, Revision 4, dated January 6,2006, Drawing A3.0, revised February 27, 2006, and Drawing A7.1, revised December 20, 200S which show the proposed home improvement store, garden centre, associated facilities, landscaping, parking and elevations are consistent with the Concept Plan for Development as it applies to Precinct "Y" shown on it. (c) The Owner covenants with the Municipality it will require a transferee of Precinct ''Y't. (i) to build a home improvement store building on Precinct "Y" which meets Leadership in Energy and Environmental Design Green Building Rating System version 1.0 (LEED Canada-NC 1.0) for LEED basic certification by the Canada Green Building Council (CaGBC); (ii) before requesting the issuance of a building permit for a home improvement store building on Precinct "Y", to submit with their application for a building permit, 1. proof of registration of the project with the Canada Green Building Council (CaGBC), and 2. copies of the LEED registration information and the LEED Project Checklist/Scorecard from the LEEDS Accredited Professional architect identifying the list of items incorporated in the design, construction and operation to meet LEED Canada-NC 1.0; (iii) to submit copies of all Technical Reviews of the project by CaGBC including the Preliminary LEED Review and Final LEED Review . forthwith after each Technical Review of the project is made; and 671 16 (iv) to provide all the architectural enhancements, including brick pre-cast panels and store facings set out in the letter to the Municipality's Mayor John Mutton from Brent Clarkson dated July 13, 2005, unless otherwise agreed to by the Municipality's Director of Planning Services (a copy of this letter is contained in Schedule "J" attached hereto.), provided that on the implementation of this paragraph 9{c) in respect of Precinct "Y" through the completion of the development thereof in accordance with the Concept Plan for Development, the requirements of this paragraph 9(c) shall terminate. Release of Certain Reserves 10. Subject to compliance with the Municipal Act, 2001, the Municipality hereby covenants and agrees with the Owner that, without fettering it in the exercise of its legislative discretion, it is the intention of the parties that not later than thirty (30) days after the date of Final Approval of the Planning Documents, the Municipality shall pass a by-law authorizing the transfer by the Municipality to the Owner of the lands described in Instrument Number DR228537 (the "Reserve Lands"). The transfer shall be effected not later than thirty (30) days after the date of Final Approval of the Planning Documents but not sooner than the obligation set out in paragraph 8 hereof has been performed by the Owner and the Municipality shall prepare, execute and register such documents as are required to transfer the Reserve Lands by the Municipality to the Owner for a nominal consideration, in fee simple, free and clear of any encumbrances. The transfer shall be duly stamped with the Certificate of Compliance required pursuant to Municipal Act, 2001 for the transfer of the Reserve Lands as aforesaid. The Municipality shall do such further acts and things as may be required in order to transfer the Reserve Lands to the Owner for a nominal consideration as aforesaid. The Owner shall pay the Municipality's legal fees and disbursements not to exceed $300.00. The Owner shall pay GST and Land Transfer Tax, if any. 672 Attachment 4 To Report PSD-032-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law to declare Parts 2, 3, 4, 5 and 6 on Plan 40R-24257 to be surplus pursuant to section 268(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended WHEREAS at its meeting on March 19. 2007, Council of the Municipality of Clarington received and approved Report PSD-032-07; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT Parts 2,3,4,5 and 6 on Plan 40R-24257 are hereby declared surplus. By-law read a first time this day of 2007 By-law read a second time this day of .2007 By-law read a third lime and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 673 Attachment 5 To Report PSD-032-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law to authorize the Mayor and Municipal Clerk on behan of the Municipality of Clarington to execute a transfer of Parts 2, 3, 4, 5 and 6 on Plan 40R-24257 to Halloway Holdings limited WHEREAS at its meeting on March 1 g, 2007, Council of the Municipality of Clarington received and approved Report PSD-032-07; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Municipal Clerk are authorized on behalf of The Corporation of the Municipality of Clarington to execute a transfer of Parts 2. 3, 4, 5 and 6 on Plan 40R-24257 to Halloway Holdings limited for a nominal consideration. By-law read a first time this day of 2007 By-law read a second time and passed this day of 2007 By-law read a third time and finally passed this day of 2007 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 674 CI![il1glOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 5, 2007 Resolution #: Report #: EGD-028-07 File#: By-law #: Subject: PROPOSAL TO CLOSE AND CONVEY A ROAD ALLOWANCE SITUATED IN LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-028-07 be received; 2. THAT Council authorize the publication of a notice of application that the Municipality intends to pass a by-law to close that part of the road allowance situated in Lot 28, Concession 5, Former Township of Clarke, pursuant to section 34 of the Municipal Act and By-Law No. 95-22 and that the subject road allowance (Attachment No.1) be declared surplus; 3. THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied with and subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws authorizing the closure of the subject lands as a public highway, declaring the subject lands to be surplus, and authorizing its conveyance to the applicant, Council pass the necessary by-laws to implement this report; 4. THAT the applicant pay all legal, advertising, appraisal and land costs associated with this transaction; and 5. THAT Mr. Dennis D. Ebbs be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 701 Report #EGD-028-Q7 Page 2 Respectfully by, ~ Submitted by: AS. Cannella Director of Engineering Services o /. t. ~Q~ GYcc Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo February 16, 2007 702 Report #EGD-028-Q7 Page 3 1.0 BACKGROUND 1.1 Dennis D. Ebbs is the owner of the municipal property identified as 97 Mill Street, Orono. The property is situated immediately adjacent to a 12 metre x 100 metre (approximate) road allowance owned by the Municipality. Mr. Ebbs owns land located on the north side of the road allowance. There is one other property situated directly adjacent to the subject road allowance. Mr. Ebbs wishes to obtain title to the road allowance and has submitted a formal Application for Road Closure and Conveyance to the Municipality. 2.0 MUNICIPALITY POLICY AND PROCEDURES FOR ROAD CLOSURES 2.1 In accordance with the Municipality's Policy and Procedure for Road Closures, the Application for Road Closure and Conveyance has been submitted to the Municipality and the Director has made a preliminary determination that the road allowance is not required for public highway purposes. The Policy and Procedure for Road Closure further states that the applicant must pay a non- refundable application fee, obtain consent of the abutting property owners, provide a draft reference plan, and pay appraisal, advertising, legal and land costs. The owner of the one other property that is abutting the road allowance is Armstrong Store Ltd. and the owner has signed a release of any interest in this part of the road allowance. Under the Municipal Act, the Municipality must give notice of its intention to pass a by-law closing the road allowance. Under the Municipality's Policy and Procedure, the Municipality must circulate the application to all appropriate parties (Agencies and Utilities), hold a public hearing and, if Council approves, pass a by-law closing the road, pass a by-law declaring the land surplus, and a by-law conveying the property. 703 Report #EGD-Q28-07 Page 4 3.0 CONCLUSION 3.1 The Director of Engineering Services has determined that this road allowance situated in Lot 28, Concession 5, Former Township of Clarke is not required for the municipal road network. It is therefore recommended that Council authorize staff to process the application to close and convey the subject land. Attachments: Attachment 1 - Key Map List of Interested Parties: Mr. Dennis D. Ebbs 704 / ./ ~ . , I. It KEY MAP II) ... ... - II) M '" j\ Cl :E Lands to be Closed and Conveyed 41'1nSt St rOng Ore Ltd. W~e s DRAWN BY: E.L. DATE: February 19, 2007 REPORT EGD-028-07 ATTACHMENT NO.1 705 G:\Attachments'Lot 28 Cone 5 Orono Closure.mxd CI!J!mgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 5, 2007 Resolution #: Report #: EGD-029-07 File #: 0.01.31.005 By-law #: Subject: WILLIAM WATSON INVESTMENTS LIMITED, COURTICE,. DEV 78-011, 'CERTIFICATE OF COMPLETION' AND 'CERTIFICATE OF ACCEPTANCE', STORM DRAINAGE SYSTEM AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-029-07 be received; and 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Completion' and a 'Certificate of Acceptance' for the Works, which include a storm drainage system and other related Works. Respectfully by: Submitted by: A.S. Cannella, C.E.T. Director of Engineering Services Reviewed bD ~-.:::~ Franklin Wu Chief Administrative Officer ASC/NAC/jo February 14, 2007 706 REPORT NO.: EGD-029-07 PAGE 2 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the Municipality of Clarington entered into a Development Agreement and subsequent Amending Agreement, registered July 4, 1989, with William Watson Investments Limited, to develop lands by Servicing Agreement, located in Courtice and described as Dev 78-011 (Attachment 1). The agreement required the developer to construct a storm drainage system (ditches), roadway entrance works, street lighting, fencing and landscaping, hereinafter referred to as the 'Works' . 1.2 The Works were not fully completed until February 18, 2003 at which time a two (2) year maintenance period commenced. The Works were subsequently re- inspected and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.3 The agreement requires Council approval prior to issuing a 'Certificate of Acceptance' for the Works. In addition, this particular agreement also requires Council approval prior to issuing a 'Certificate of Completion'. Therefore, it is recommended that the Director of Engineering Services be authorized to issue a 'Certificate of Completion' dated February 18, 2003 and a 'Certificate of Acceptance' for the Works. Attachments: Attachment 1 - Key Map 707 eanadian-pacific-Rallway I , I I I , I , I I I ....----~------- I I log '0 '0:: ~ i2 I- , I I I I --------------------------------------------------Baseline-Road----________________,,___________ I I I I I I I , I I , I I I ..; 0:: G>' ~I --~~ e -Il;; ~ ,,"-, U w~s 8 ~ I I I i ; J c.J~ DRAWN BY: E.L. DATE: February 21, 2007 COURT/CE KEY MAP REPORT EGD-029-07 ATTACHMENT NO.1 708 G:\Attachments\WilliamWatsonlnv.mxd CJl}!i!Jgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday March 5, 2007 Resolution #: Report #: EGD-030-07 File#: By-law #: Subject: PROPOSAL TO CLOSE PARTS 13 AND 15 ON PLAN 40R-16730 AS A PUBLIC HIGHWAY AND AUTHORIZE THEIR TRANSFER TO HALLOWAY HOLDINGS LIMITED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-030-07 be received and approved; 2. THAT subject to Council's consideration of any representations made at the public meeting to consider its intention to pass a by-law closing Parts 13 and 15 on Plan 40R-16730 as a public highway, Council pass such a by-law (Attachment 2); 3. THAT subject to Council's consideration of any representations made at the public meeting respecting the passing of by-laws declaring Parts 13 and 15 on Plan 40R-16730 to be surplus, Council pass a by-law declaring Parts 13 and 15 to be surplus (Attachment 3); . 4. THAT Council pass a by-law authorizing the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute a transfer Parts 13 and 15 on Plan 40R-16730 to Halloway Holdings Limited for a consideration of $940.00 (Attachment 4); 5. THAT the applicant pay the costs associated with the closure of Parts 13 and 15 on Plan 40R-16730 as a public highway and the costs of this transaction all as set out in this report; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 709 Report #EGD-030-07 Page 2 6. THAT Staff be authorized to take all necessary action to implement the intent of this report; and 7. THAT Halloway Holdings Limited be advised of Council's decision Respectfully by, ~ Submitted by: A.S. Cannella - Director of Engineering Services o~~ Reviewed by: Franklin Wu Chief Administrative Officer ASqo February 27, 2007 710 Report #EGD-030-07 Page 3 1.0 BACKGROUND 1.1 Halloway Holdings Limited ("Halloway") is the owner of lands located between Regional Highway No.2, Green Road, a portion of an unopened Concession 2 Road Allowance on which is part of the planned Stevens Road Extension is to be constructed and Clarington Boulevard ("Halloway Lands"). The Halloway Lands are shown on the Key Map contained in Attachment 1. 1.2 As explained in Report #PSD-032-07, the Halloway Lands are located in the Bowmanville West Town Centre. Official Plan Amendment 44 and Zoning by-law 2006-047 apply to the Halloway Lands. Official Plan Amendment 44 deleted the previous Bowmanville West Main Central Area Secondary Plan provision regarding the north-westerly extension of Uptown Avenue north-westerly through part of the Halloway Lands and replaced it with the planned Stevens Road Extension. Report #PSD-032-07 also refers to the Servicing Agreement, as amended, which is discussed below. 1.3 Under the provisions of the Servicing Agreement as amended by the Second Amending Agreement dated June 2, 2003 between the Municipality, Willsonia Industries Limited and Halloway respecting the former Willsonia lands located on both sides of Clarington Boulevard, the portion of Clarington Boulevard between Regional Highway No.2 and the northerly limit of the intersection of Clarington Boulevard and Uptown Avenue, had been transferred to the Municipality and constructed by Willsonia at its cost. 1.4 The portion of Clarington Boulevard referred to in this paragraph 1.4 together with Parts 13 and 15 on Reference Plan 40R-16730 have been established and dedicated as a public highway by By-law 2004-101. 1.5 Parts 13 and 15 shown on Plan 40R-16730 are located on the westerly side of Clarington Boulevard (Attachment 2). The lands within these Parts were intended to function as sight triangles at the intersection of the then proposed north- westerly extension of Uptown Avenue from Clarington Boulevard. 711 Report #EGD-030-07 Page 4 1.6 Since Uptown Avenue will not be extended north-westerly from Clarington Boulevard, Parts 13 and 15 on Plan 40R-16730, which have a combined area of 15.21 square metres, are surplus to the requirements of the Municipality. 1.7 Since Parts 13 and 15 on Plan 40R-16730 have been dedicated as a public highway with the portion of Clarington Boulevard between their northerly limits and Regional Highway No.2, for the Parts prior to Council declaring them to be surplus pursuant to section 268 of the Municipal Act, 2001, Parts 13 and 15 would have to be closed as a public highway by by-law passed pursuant to section 34 of the Municipal Act, 2001. 1.8 Report #PSD-032-07 recommends that Council declare surplus and authorize the transfer for a nominal consideration of the lands comprising Parts 2, 3, 4, 5 and 6 on Reference Plan 40R-24257 to Halloway. The transfer for a nominal consideration was specified in paragraph 10 of the Principles of Understanding between Halloway and the Municipality dated March 1, 2006. However, the Principles of Understanding do not address the sale of Parts 13 and 15 on Plan 40R-16730 to Halloway and the consideration to be paid by Halloway to the Municipality for them. 1.9 For the reasons set out in Report #PSD-032-07, an appraisal of the market value of Parts 13 and 15 on Plan 40R-16730 is not required under section 268(8) of the Municipal Act, 2001 and the Municipality's By-law 95-22 governing the sale of land. 2.0 RECOMMENDATIONS AND CONCLUSION 2.1 It is recommended that subject to Council's consideration of any representations made at the public meeting respecting the proposed by-law, Council pass a by- law closing Parts 13 and 15 on Plan 40R-16730 as a public highway (Attachment 2) and direct Staff to register a certified copy of this By-law in the Land Registry Office pursuant to section 34 of the Municipal Act, 2001. 712 Report #EGD-030-07 Page 5 2.2 It is recommended that if Council passes the by-law to close Parts 13 and 15 on Plan 40R-16730 as a public highway, Council pass a by-law declaring Parts 13 and 15 to be surplus pursuant to subsection 268(3) of the Municipal Act, 2001. 2.3 If a by-law is passed closing Parts 13 and 15 on Plan 40R-16730 as a public highway and the Parts are declared surplus, the Municipality's Solicitor advises that a sale of them to the abutting owner, Halloway, will not require that an appraisal of their fair market value be obtained under either subsection 268(3) of the Municipal Act, 2001 or the provisions of the Municipality's By-law 95-22 which establishes procedures governing the sale of land. 2.4 Because of the small area of Parts 13 and 15 on Plan 40R-16730 (a total of 15.21 square metres) the cost of an appraisal could approximate the market value of the Parts. 2.5 It is recommended that Council establish the consideration to be paid by Halloway to the Municipality at $940.00. In addition to payment of the consideration, Halloway will be required to pay to the Municipality the costs of advertising, reasonable legal and other costs which are associated with complying with the requirements of By-law 95-22 and sections 34 and 268 of the Municipal Act, 2001. Attachments: Attachment 1 - Key Map Attachment 2 - By-law to close Parts 13 and 15 on Plan 40R-16730 as a public highway Attachment 3 - By-law to declare Parts 13 and 15 on Plan 40R-16730 to be surplus Attachment 4 - By-law to authorize the transfer to Halloway Holdings Limited 713 Road Allowance between Concessions 1 & 2 Future Home Depot Site Uptown Avenue -= .. .. ;. .. ;; '" ~ .. '" .. .. 'C .. o Parts 13 and 15 (Plan 40R-16730) to be Closed and Conveyed Existing East Side Mario's and Cinemas lIr Igh"'ayl'V, 0.2 DRAWN BY: E.L. w~s 8 DATE: February 26, 2007 REPORT EGD-030-07 ATTACHMENT NO.1 714 G:\Attachments\UptownAve.mxd ATTACHMENT NO.:2 REPORT NO.: EGD-030-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007. being a by-law to close Parts 13 and 15 on Plan 40R-16730 as a public highway pursuant to section 34 of the Municipal Act, 2001, S.O. 2001, c.25, as amended WHEREAS at its meeting on April 28, 2004, Council of the Municipality of clarington passed By-law 2004-101 which established, laid out and dedicated as a public highway certain lands which included Parts 13 and 15 on Plan 4OR-16730; and AND WHEREAS Council has determined that Parts 13 and 15 on Plan 40R-16730 should be closed, NOW THEREFORE BE IT RESOLVED THAT the Council ofThe Corporation of the Municipality of Clarington enacts as follows: 1. THAT Parts 13 and 15 on Plan 40R-16730 are hereby closed as a public highway pursuant to section 34 of the Municipal Act. 2001, S.O. 2001, c.25, as amended. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 715 ATTACHMENT NO.:3 REPORT NO.: EGD-030-07 THE CORPORATION OF THE MUNICIPALITY OF cLARINGTON BY-lAW NO. 2007- being a by-law to declare Parts 13 and 15 on Plan 40R- 16730 surplus pursuant to section 268(3) of the Municipal Act, 2001, 5.0. 2001, c.25. as amended WHEREAS at its meeting on April 2, 2007, Council of the Municipality of Clarington received and approved Report #EGD-03D-07, NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Ciarin9ton enacts as follows: 1. THAT Parts 13 and 15 on Plan 40R-16730 are hereby declared surplus pursuant to section 268(3) of the Municipal Act, 2001, 5.0. 2001, c.25, as amended. By-law read a first and second time this day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 716 ATTACHMENT NO.:4 REPORT NO.: EGD-030-07 THE CORPORATION OF THE MUNlclPAUTY OF CLARINGTON BY-LAW NO. 2007- being a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to authorize the transfer to Halloway Holdings Limited WHEREAS at its meeting on April 2, 2007, Council of the Municipality of Clarington received and approved Report #EGD-030-07, NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington are authorized to execute a transfer of Paris 13 and 15 on Plen 40R-16730 to Halloway Holdings Limned for the consideration of $940.00. By-law read a first and second time this day of ,2007. . By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 717 ClfJ!illgtDn REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 5, 2007 Report #: OPD-002-07 File #: Subject: 2006 WINTER REPORT Recommendations: By-Law #: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-002-07 be received for information: Submitted by: FHIKRlwc __by. ~~ . .kI ranklin Wu, /(J Chief Administrative Officer 801 REPORT NO. OPD-002-07 PAGE 2 BACKGROUND AND COMMENT: In March, 2006, Council approved a winter maintenance budget of $1,306,000; $192,000 for sidewalks and parking lots and a Senior Snow Clearing contract of $90,000. Winter Maintenance: As of December 31, 2006, the following table illustrates the expenditures incurred. Winter Control 2006 Budget 2006 Actual Unexpended Plowing $ 267,000.00 $ 126,781.64 $140,218.36 Sanding/Salting $ 820,000.00 $ 928,510.22 ($108,510.22) Winter Maintenance $ 219,000.00 $ 222,015.12 ($ 3,015.12) Other Total $1,306,000.00 $1,277 ,306.98 $ 28,693.02 The 2006 winter maintenance budget from January 1st to December 31st actual expenditure of $1 ,277,306.98 includes the sand/salt year end inventory adjustment of $177,439;25. The Municipality of Clarington delivers winter control services across a road system of 1,700 lane kilometers. The Operations Department winter response capacity features 28 units in total. Our response is composed of a mix of vehicles from the Orono, Hampton and Yard 42 depots. Winter Patrol is a critical winter control function. It provides us the assurance that the road system is obs~rved on a continual basis during the winter season, so that any potentially hazardous conditions encountered can be addressed. Road Patrol is also backed up by an On Call person available to visit the areas of concern if necessary and to make jUdgement calls as appropriate. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 602 REPORT NO. OPD-002-07 PAGE 3 Senior Citizens and Physically Disabled Sidewalk Program The total budget for this program in 2006 was $90,000.00 with an actual expenditure of $30,976.39. The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program was again well received by the community since its inception in 1993. The program has increased from 200 residents to under 700 residents today. Although there were 69 participants who did not return to the program the past season, there are 71 new participants to the program. Not . Returned I .. . .. Location Returning To New in 2006-07 2006-07 ... to Prol!ram Prol!ram Prol!ram Total Bowmanville 35 342 32 374 Courtice 23 121 21 142 Newcastle 4 48 12 60 Newtonville 0 8 1 9 Orono 4 16 2 18 Solina 0 4 0 4 Burketon 0 1 0 1 Enniskillen 0 2 2 4 Hampton 2 10 1 11 Maple Grove 0 2 0 2 Mitchell's Corners ,0 6 0 6 68 560 71 631 Did Not Return to Program from 05-06 69 Total Participants in 05-06 Program 627 TotalParticipantsili i ,Program 631 Increase to the 06 - 07 Program from last Year 4 For residents to be eligible for this service, applicants must be 65 years of age or older or be physically disabled, occupy a single family, dwelling which fronts onto a Municipal street in the specified urban areas or the urbanized areas of the specified hamlet's, and have no able bodied persons under the age of 65 years residing on the property. Senior citizens must provide a copy of a birth certificate or Senior Citizens Number; physically disabled applicants must provide a doctor's certificate. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 003 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 REPORT NO. OPD-002-07 PAGE 4 Sidewalk Snow Clearing Contract: The total budget for this program in 2006 was $192,000.00 with an actual of $79,378.25, down over $109,000.00 from the previous year due to less severe conditions. The snow clearing service on municipal sidewalks starts when a snowfall ends and only when there is more than two centimeters of snow on sidewalks. The driveway windrow snow clearing service is not undertaken until the snow plowing on all municipal streets has been completed. Below is a table of call-out statistics for this program from 2001 to 2006: Call-Out Statistics January February March April November December Total 2002 10 10 7 0 2 11 40 . 2003 23 14 11 4 1 6 59 2004 23 23 8 0 2 13 69 2005 20 7 9 2 5 10 53 2006 7 9 2 0 0 3 21 *2007 11 10 (as of Feb. 27) * A total of 21 callouts for winter sidewalk maintenance thus far in 2007. CONCLUSION: The Operations Department continues to closely monitor weather forecasts to observe conditions and to respond accordingly whether it is lake effect flurries to drifting snow on rural roads or accumulations that require maintenance. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 804 40 TEMPERANCE STREET BOWMANVILLE. ONTARIO L 1 C 3A6 T 19051263-2292 F 19051263-4433 CI![-!lJgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 5, 2007 Resolution #: Report #: CSD-003-07 File#: By-law #: Subject: 2007 MUNICIPAL GRANTS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-003-07 be received; 2. THAT Council consider all submitted grant requests; 3. THAT all applicants be advised of Council's decision. Submitted by: ~ J eph P. Caruana Irector of Community Services Reviewed bYU~~ Franklin Wu Chief Administrative Officer JPC/ SC/JM CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-003-07 PAGE 2 1.0 BACKGROUND 1.1 The Municipal grant process is intended to provide financial assistance to community organizations providing programs and services within the Municipality of Clarington. The Municipal Grant Policy (Attachment #1) establishes the objective, criteria, funding categories, funding formula and public notice for the Municipal grant process. 1.2 The policy provides four distinct categories for grant distribution. Each applicant must meet the required definition for at least one of the following four categories: Recreation/Leisure Services, Civic, Social and Hall Board/ Community Centres. Organizations that receive any form of other funding from the Municipality of Clarington are not eligible to apply. Please note for the assistance of Council, the grant applications have been presented within the appropriate funding categories. 1.3 As outlined in the Municipal Grant Policy, the allocation of funding is established at $1.00 per capita. Accordingly, a maximum amount of $80,000.00 has been established for awards to eligible applications in 2007. 1.4 In keeping with the current policy, an advertisement was placed in all local papers announcing the program and establishing a deadline for filing an application. 1.5 A total of 51 applications have been received for review and consideration, compared to 42 in the 2006 process. The 51 applications represent a total of $157,170.00 in requested funding through the Municipal grant process, compared to $131,438.00 requested in 2006. 1.6 Individual allocations through the Municipal Grant process may not exceed $5,000.00 per request. 1.7 Four of the applications requested funding in excess of the $5,000.00 limit. The Municipal grant process would consider funding the initial $5,000.00. The balance requested by Application 07-13 Newcastle Community Hall, Application 07-39 Clarington Older Adults and Application 07-40 Community Care Durham- Clarington, was given consideration during the budget process. 1.8 Report CSD-04-06 dated February 20, 2006, allocated $64,000.00 to 38 groups. A further $15,973.47 was allocated to additional requests which were considered by Council throughout the year. (Attachment #2) 1002 REPORT NO.: CSD-Q03-07 PAGE 3 2.0 APPLICATION PROCESS 2.1 All applications received by the Department have been recorded onto a summary sheet (Attachment #3) providing Council and staff with an overview of all applications being considered. 2.2 Each application is also presented on a one-page summary numbered from 07- 01 through 07- 51 providing basic information necessary in considering the appropriate level of funding for each application. (Attachment # 4) 2.3 . All 2007 submissions reflectthe grant request amount in their 2007 budget submissions. 2.4 All applicants who submitted incomplete financial information were contacted and requested to forward the outstanding information. 3.0 ADDITIONAL INFORMATION 3.1 From time to time various applicants make comments through the application process or in other cases resolutions of Council were previously approved that may affect how a particular application is dealt with. The following applications and associated comments are provided for the information of Council. 3.2 Application 07- 22, Clarington Swim Club- This applicant currently has an outstanding account for pool rentals with the municipality. Consideration should be given to directing any grant monies to pay down their debt. 3.3 Application 07-29 Been There- A Project For At Risk Youth, is a new request. Through this mentoring program, administered by Rev. David Chisling, participants will learn garden and entrepreneurial skills and develop self- respect as they learn more about the community around them. The program will focus on the gardens at the Visual Arts Centre and has the endorsement of that organization. 3.4 Application 07-33, Canadian Mental Health Association! Durham has requested funding of $6,000.00. The Municipal Grant Policy states that applications for funding through this process must not exceed $5,000.00. 3.5 Application 07-35, Clarington Arts and Music Festival, is a new program requesting seed money in 2007. The group is developing an annual music and arts festival to be held at the Visual Arts Centre in August 2007. "CAMfest" will provide opportunities for local artists, musicians, local businesses and the. community to come together and celebrate the artistic culture of Clarington. 1003 REPORT NO.: CSD-003-07 PAGE 4 3.6 Application 07-42, Driftwood Theatre, provides outdoor Shakespearian theatre at various venues ,in Southern Ontario throughout the summer months. Bowmanville will host a performance at the Visual Arts Centre on August 3rd. 3.7 Application 07-43 Durham Region Non Profit Housing Corporation is an arm's length corporation of the Regional Municipality of Durham, governed by a Board of Directors appointed by Regional Council. They own and operate 18 non-profit housing sites throughout Durham, including two in Clarington. They have requested funding to assist in a partnership with Girls Incorporated of Durham to provide a one week summer program for girls 6 to 8 years of age at the two Clarington sites. 3.8 Application 07-48, Music Night in the Park, Newtonville, is a new initiative with the goal of providing musical entertainment Sunday evenings in the local park. They would also like to build a gazebo in the park for the performers. 4.0 COMMENTS 4.1 The Municipal grant program in Clarington ensures citizen involvement in recreational/leisure, civic, social and community hall boards enhancing community well being. 4.2 Each application is on file in the Community Services Department and will be made available during grant discussions, should further details of a particular application be required. Attachments: Attachment #1 - Municipal Grant Policy Attachment #2 - 2006 Supplementary Funding Allocations Attachment #3 - 2007 Grant Information Summary Attachment #4 - 2007 Individual Summaries of Grant Information 1004 Attachment #1 to CSD-003-07 MUNICIPALITY OF CLARINGTON DEPARTMENT OF COMMUNITY SERVICES MUNICIPAL GRANT POLICY Revised September 20, 2002 OBJECTIVE: To provide financial assistance to those organizations which provide direct services or programs to the residents of the Municipality of Clarington. CRITERIA: 1) The organization requesting financial assistance must be based within the Municipality of Clarington or the Region of Durham. 2) Regionally based organizations must provide details demonstrating how their service directly benefits the residents of Clarington. 3) Organizations must be volunteer based, or operate as not for profit. 4) Funding applications will be considered for operational expenses only, capital requests may be considered as a one-time grant only (excluding Hall Boards/Community Centres). 5) Organizations that receive any form of other funding from the Municipality of Clarington are not eligible to apply. 6) Applications for funding through the Municipal Grant Process must not exceed $5,000.00. 7) Applications requesting in excess of $5,000.00 will be referred directly to the budget process to be dealt with on an individual basis external to the Grant Process. 8) Late applications or requests received subsequent to the current year's municipal budget approval will be referred to Council for direction. 9) That areas where the Provincial or Federal government is responsible through ownership of the property or through the School Board budgets, not be eligible for a grant (excluding playground funding). 10) That Citizen Ratepayers Associations not be eligible for a grant. DN:C.S.lH:WP51DATAlGRANTS/APPLlC 1005 FUNDING CATEGORIES a) Recreation/Leisure Services: This category is defined as those organizations offering athletic or leisure opportunities not offered by the Municipality. b) Civic: This category is defined as those organizations providing events, or services promoting the Municipality of Clarington (Le. Santa Clause Parade, Horticultural Societies, Historical Society etc.) c) Social: This category is defined as those organizations offering specific service (other than recreational/leisure) to residents of the Municipality of Clarington. d) Hall Boards/Community Centres: This category is defined as a Hall Board or Community Centre that operates and maintains a Municipally owned facility. (Please note grants will be considered for operational expenses only. Capital requests must be referred to the appropriate municipal representative for consideration during annual budget deliberations.) MUNICIPAL GRANT FUNDING FORMULA To consider all eligible grants, the Municipality of Clarington will provide a funding formula of $1.00 per capita annually. All unallocated funds will remain in the unallocated grant account for un-anticipated requests received during the current year. PUBLIC NOTICE The Municipality of Clarington will provide public notice of the Municipal Grant Program twice each year through local newspapers. DN:C.S./H:WP51DA T A1GRANTS/APPLIC 1006 OJ0::O::O<O::O-C.0::00 ~ OJ C CD 0 ::!. CD ;::;: OJ 0 0 iil ~::!:J c~"'(")c -..., :J OJ :J -. CD ::r"" s;: OJ -. n 0.. -. O:J OJ -' OJ..,.., :J ::r _.:J :J CD 0 ..., -, 'T1 <::: OJ CDOnO...,....0o :Js;: ....o..::r~~s;:E:J ::0 OJ ::0-1 :J(t)OJo-~ CD:J ([l:::r Q)...,..., UJ 0.. OJ' '" ffi (j) 3 - S' g, Cil () n g" o' CD ~ CD () CD ...,CI'J ...,<D~an::::uo:::l ~ n ^-::rCDCG) '" CD -.0 (t) '" ;:::\. OJ () 0.. .... = n o' CD I CD "'z CCD- ::0 :J ICD J;1CD '" CD !:t 0 C t\) <9. CD '" a ~ o cr ;::+s;[-, :J .... 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IV ~ <0 .... .'" ~ IV .!" ~ ~ ~ '" ~ ~ '" ~ .-1>- (J) 0 0 0 0 -0 .!" 0 '" ~ '" 0 '" -", ~ !=> 0 0 a IV 0 0 0 0 0 0 0 '" ..... 0 !=> !=> !=> 0 0 !=> 0 !=> 0 0 !=> 0 0 0 0 0 0 !=> 0 0 a 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 a a 0 0 0 o .... , '" <0 00 o o PI 1 011 Attachment #4 to CSD-003-07 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Bowmanville Horticultural Society APPLICATION # 07-01 CONTACTNAME I Pat Thexton DESCRIPTION OF PROGRAMS AND SERVICES: Civic improvement projects; horticultural meetings for instruction and discussion on related subjects; promote public and private beautification; participate in Apple Blossom Awards; hold exhibitions for production of flowers, vegetables etc. HOW PROGRAMS AND SERVICES Wll.L BENEFIT FROM GRANT: Civic improvement projects such as flower beds at Town Hall and Tourism site. . Garden tours, which bring people to the community, TOTAL MEMBERSHIP/PARTICIPANTS: 91 ~ ~ MUNICIPAL GRANT HISTORY: 1012 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Farmer's Market APPLICATION # 07-02 CONTACT NAME I Gord Lee DESCRIPTION OF PROGRAMS AND SERVICES: Operation of Fanner's Market at Newcastle Arena (June - Oct), every Sunday. Providing the Agricultural Community of Durharn an opportunity to promote and sell their product to the residents of Clarington and surrounding area. HOW PROGRAMS M'D SERVICES WILL BENEFIT FROM GRANT: Advertising and promotion of Farmer's Market to create additional traffic. Produce Farmer's Market Recipe Book for sale. . TOTAL MEMBERSHIP/PARTICIPANTS: 20 Vendors TOTAL $3,506.54 $9114.90 TOTAL EXPENSES $3516,64 $9072.97 MUNICIPAL GRANT HISTORY: 1013 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Courtice Horticultural Club APPLICATION # 07-03 CONTACT NAME I Mark Stanisz DESCRIPTION OF PROGRAMS AND SERVICES: Communi beautification, i.e. Trulls and H 2. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Expansion of beautification plans. . TOTAL MEMBERSlllPIPARTICIPANTS: Variable = ~ ----=:.-- .';2099 ... TOTAL EXPENSES $525.67 $635.00 $500,00 $500.00 $500,00 1014 , MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Durham Central Agricultural Society APPLICATION # 07-04 CONTACT NAME I Donna Scott DESCRIPTION OF PROGRAMS AND SERVICES: Durham Central Fair which is one of the largest community events and has been in existence for 154 ears. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Agricultural education, social entertainment, community involvement through agricultural competition and 4H Club. TOTAL MEMBERSHlP/P ARTICIP ANTS: 500 TOTAL $254,168,69 $232,100.00 TOTAL EXPENSES $232,440.36 $231,050.00 MUNICIPAL GRANT HISTORY: 1015 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Ecology GardenIBowmanville Community Organic Garden APPLICATION # 07-05 CONTACT NAME I Vincent Powers DESCRIPTION OF PROGRAMS AND SERVICES: A leading organic information and networking resource for Canada. Provide areas for individuals and organizations who would like to grow their own vegetables, who would not normally have such a ace to do so. Provide seeds, lanls, tools and a libr HOW PROGRAMS AND SERVICES Wll.L BENEFIT FROM GRANT: Add infrastructure to garden to allow year long access to garden. Provide area for residents to grow their own fresh vegetables, TOTAL MEMBERSHIP/PARTICIPANTS: 90 ~ ~ MUNICIPAL GRANT HISTORY: $500,00 $500,00 $500.00 1016 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Horticultural Society APPLICATION # 07-06 CONTACT NAME I Pam Daley DESCRIPTION OF PROGRAMS AND SERVICES: Meetings held in community hall open for all to attend with guest speakers pertaining to gardening and the environment; planting and care of gardens at Newcastle Community Hall, cemeteries and schools. Plant sales, Jr. Gardener Program, district meetings and provincial convention. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT Replace two trees at Bond Head Cemetery. Purchase plants and materials for gardens. Speakers and judges for meetings. TOTAL MEMBERSHIPIP ARTICIPANTS: 107 TOTAL $6,232,74 $6,232.74 TOTAL EXPENSES $5,652.28 $6,152.28 MUNICIPAL GRANT HISTORY: $500.00 $500,00 $500.00 1017 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Santa Claus Parade APPLICATION # 07-07 CONTACTNAME I Mark Hendrix DESCRIPTION OF PROGRAMS AND SERVICES: Parade servin Newcastle and surroundin area to be held November 2007, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Assists in providing event which attracted 8000 people to Newcastle, TOTAL MEMBERSHIPIPARTICIPANTS: 8080 ~ TOTAL EXPENSES $7850.00 $8,000,00 MUNlCIPAL GRANT HISTORY: 1018 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Village and District Historical Society APPLICATION # 07-08 CONTACT NAME IM~oVmDy~ DESCRIPTION OF PROGRAMS AND SERVICES: Maintaining an archive room with free access to the public; a website relating to the history of Newcastle and area; produce an historical newsletter four times per year; acquire historical speakers and presenters for four free general meetings per year, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Purchase software to create new database to catalogue artifacts in system, compatible with Clarington Museums, TOTAL MEMBERSHIPIPARTICIPANTS: 80 ~ TOTAL EXPENSES $5,556,00 $6,350,00 $1,000,00 $1,500,00 $1,500.00 1019 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Orono Horticultural Society APPLICATION # 07-09 CONTACT NAME I Flora Sharpe DESCRIPTION OF PROGRAMS AND SERVICES: Maintain and plant village flower beds; provide good speakers on horticultural related topics at monthly meetings; provide bus trip to flower shows in other areas; encourage youth to participate in all activities; also volunteer as a socie maintainin flower beds, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Enhance planting at Clarke Branch library, Possibly add another trip to flower shows. TOTAL MEMBERSHIPIPARTICIP ANTS: 84 TOTAL $7,693.21 $8,216.66 TOTAL EXPENSES $6,911.55 $4,225.00 MUNICIPAL GRANT HISTORY: $500,00 $500.00 $750,00 1020 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Hampton Hall Board APPLICATION # 07-10 CONTACT NAME I Jennie Moore DESCRIPTION OF PROGRAMS AND SERVICES: Community Fun Day; Christmas Tree Lighting; New Year's Eve Dance; Annual Harvest Dance! New Life Group Mtg; Brownies, Girl Guides, Movie Night; Scouts, Cubs, "Jam" sessions for local musicians, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: To enhance maintenance of hall to make it more attractive for rentals, TOTAL MEMBERSHIP/PARTlCIPANTS: 8 TOTAL $14,688,00 $16,060.00 ~ MUNICIPAL GRANT HISTO!tY: 1021 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Haydon Community Centre APPLICATION # 07-11 CONTACT NAME I Barb Walsh DESCRIPTION OF PROGRAMS AND SERVICES: Monthly meetings open to all residents of Haydon; funeral luncheons, baby and wedding showers for residents; Christmas Party for residents; Hall rental for special occasions or meetings; annual s rin ard sale; atherin lace for cards, ames ni ht, Christmas farm arade. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Enhance hall to make it more attractive for rentals - i.e, flower beds, painting, new curtains. TOTAL MEMBERSlllP/PARTICIPANTS: 30 = '3",' <"-';, .... . "u --- ':=----::66- $9,03100 ~ 1022 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Kendal Community Centre APPLICATION # 07-12 CONTACT NAME i Liz Robinson DESCRIPTION OF PROGRAMS AND SERVICES: Monthly youth dances; euchre nights; Christmas Tree lighting; newsletters; ball association (grounds and washroom facilities); memberships (reduced rate for rentals); Wee Top play group; dart lea e; Canada Da fireworks, HOW PROGRAMS ANn SERVICES WILL BENEFIT FROM GRANT: Offset the costs of providing programs such as euchre nights, youth dances and darts to the local community TOTAL MEMBERSHIP/P ARTlCIP ANTS: 27 TOTAL $40,575.04 $42,090.56 TOTAL EXPENSES $32,184.48 $33,782.56 MUNICIPAL GRANT HISTORY: $2,500.00 $3,000,00 $5,000.00 1023 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Community Hall APPLICATION # 07-13 CONTACT NAME I Gabrielle Bell DESCRIPTION OF PROGRAMS AND SERVICES: Use of community building to the public for community events, fundraisers, weddings, classes, meetin s, etc. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset operating expenses. TOTAL MEMBERSHIPIPARTICIPi\NTS:7 ~ TOTAL EXPENSES $87,082.00 $108,068.00 MUNICIPAL GRANT HISTORY: $13,000.00 $13,000.00 $13,000.00 1024 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Memorial Arena Management Board APPLICATION # 07-14 , CONTACT NAME I Gord Lee DESCRIPTION OF PROGRAMS AND SERVICES: Municipality owned arena, managed by volunteer community board. Providing: hockey, figure and pleasure skating, childrens' community dance classes, learn to skate programs, lacrosse, ball hocke , summer da cam, hall rental and Clarin on Farmer's Market site. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset costs of providing programs to the local community. TOTAL MEMBERSIllPIPARTICIPANTS: N/A TOTAL $247,573.12 $329,500.00 TOTAL EXPENSES $227,769,00 $323,000.00 MUNICIPAL GRANT mSTORY: $2,500.00 $5,000,00 $5,000.00 1025 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newtonville Community Hall APPLICATION # 07-15 CONTACT NAME I Vicki Burrows DESCRIPTION OF PROGRAMS AND SERVICES: Children's programs: Kids dances, HalloweenJChristmas/Easter parties. Adult programs: Aerobicslself-defensefdanceslVendor's Fair Da s, Senior ro ams: Euchre. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Expand programs and events for local community. TOTAL MEMBERSHIP/PARTICIPANTS: 13 ~ TOTAL EXPENSES $8,922.46 $8,950.00 ,MUNICIPAL GRANT HISTORY: $2,500,00 $2,500.00 $5,000.00 1026 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Orono Oddfellow & Rebekah Centre APPLICATION # 07-16 CONTACT NAME i Viola Vanderveen DESCRIPTION OF PROGRAMS AND SERVICES: Blood donor clinic; rented for anniversaries and birthdays by community; flu clinics for Orono and area; meetin lace for Orono. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Maintenance on building, TOTAL MEMBERSHIPIPARTICIPANTS: 30 TOTAL $9,579.78 $11,029.71 TOTAL EXPENSES $9,550.07 $11,090.00 $2,000,00 1027 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Orono Town Hall Board APPLICATION # 07-17 CONTACT NAME I Judy Climenhage DESCRIPTION OF PROGRAMS AND SERVICES: Community and public meetings; educational instruction; recitals; concerts; Girl Guide enrollment; Clarin on Artist's Show; rec tions; social atherin s; drama carn . HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: To support the costs of maintain programs and services in the local community. TOTAL MEMBERSHIPIPARTICIPANTS: N/A TOTAL $34,701.00 $38,543.00 TOTAL EXPENSES $31,158.00 $34,750.00 MUNICIPAL GRANT HISTORY: $2,500,00 $3,000,00 $5,000.00 1028 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Tyrone Community Centre APPLICATION # 07-18 CONTACT NAME I Shari Rowan DESCRIPTION OF PROGRAMS AND SERVICES: Local community centre; seniors programs; location for community fun fairs and social events; location for Tyrone Athletic Association events; meeting place for Boy Scout and Girl Guide units. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Help deal with increases in fuel costs. Minor upgrades on 30 year old building to enhance appeal for rentals. TOTAL MEMBERSHIP/PARTICIPANTS: N/A ~ ~ MUNICIPAL GRANT HISTORY: $2,500.00 $3,000.00 $4,000.00 1029 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Bowmanville/Newcastle Baseball Association APPLICATION # 07-19 CONTACTNAME I SamNorwood DESCRIPTION OF PROGRAMS AND SERVICES: Organized baseball for youth 3.18 years; baseball camp/week instructional; skills development (physical); social interactions with other children; team building; to help give children a sense of accom lishment. HOW PROGRAMS AND SERVICES Wll.L BENEFIT FROM GRANT: Assist in costs of dealing with increasing membership and enhanced programs, TOTAL MEMBERSHIP/PARTICIPANTS: 405 ~ ~ MUNICIPAL GRANT HISTORY: $2,000.00 1030 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Canadian Association for Disabled Skiing (CADS Dnrham) APPLICATION # 07-20 CONTACT NAME I Pam McColl DESCRIPTION OF PROGRAMS AND SERVICES: To provide ski lessons, equipment needs and volunteer support at low/no cost to persons with physical or cognitive disabilities in Durham Region, To provide required training to volunteers to teach artici ants. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Provide funds for detailed training for volunteers dealing with various physical disabilities. Repair and maintain specialized donated equipment. TOTAL MEMBERSHIPIPARTICIP ANTS: 90 ~ TOTAL EXPENSES $15,973.75 $17,556.00 MUNICIPAL GRANT HISTORY: $500.00 $500.00 $2,500.00 1031 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Baseball Clnb APPLICATION # 07-21 I CONTACT NAME I Ken Key DESCRIPTION OF PROGRAMS AND SERVICES: Foster and improve baseball within the boundaries ofClarington. Protect and promote the mutual interests of the members. Institute and regulate the competition for the representative baseball teams in Clarin on. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Provide training programs for coaches, TOTALMEMBERSHlPIPARTICIPANTS: 100 ~ TOTAL EXPENSES $40,200.00 $40,200.00 $3,000.00 1032 MUNICIPALITY OF CLARINGTON . SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Swim Club APPLICATION # 07-22 CONTACT NAME I Rebecca Mattson DESCRIPTION OF PROGRAMS AND SERVICES: Training/coaching for competitive swimmers in novice age group and masters categories (adu]t). Training/coaching for triathletes, youth fitness swimmers and masters fitness swimmers. Includes stren h trainin ,nutrition counse]in ,and team bui]din as well. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Allow the club to maintain reasonable registration fees. TOTAL MEMBERSHIPIPARTICIPANTS: 109 TOTAL $]36,311.97 $159,870.00 TOTAL EXPENSES $146,440.40 $159,200.00 1033 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Courtice Kids of Steel Triathlon APPLICATION # 07-23 CONTACT NAME I Derrick McKay DESCRIPTION OF PROGRAMS AND SERVICES: Courtice Kids of Steel Triathlon for 9- 15 year olds. New program being organized for August, 2007 in Courtice. Re uestin seed mone , HOW PROGRAMS AND SERVICES Wll..L BENEFIT FROM GRANT: Assist with start-up costs and facility rentals for this event. TOTAL MEMBERSHIPIPARTICIP ANTS: N/A ~ ~ MUNICIPAL GRANT HISTORY: N/A $1,000.00 1034 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Courtice Parks Baseball & Softball Association APPLICATION # 07-24 CONTACT NAME I Joe Conte DESCRIPTION OF PROGRAMS AND SERVICES: Lea e ames and ractices for cooed baseball, softball, 4- itch and T -ball. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Keep registration fee low despite rising costs. Upgrade equipment inventory. Improve and maintain storage facilities. TOTAL MEMBERSHIP/PARTICIPANTS: 400 ~ TOTAL EXPENSES $49,700.75 $41,545.38 MUNICIPAL GRANT HISTORY: N/A N/A $5,000.00 1035 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Family Connection APPLICATION # 07-25 CONTACT NAME I Susan Pascoe DESCRIPTION OF PROGRAMS AND SERVICES: Non.profit recreational dance program, Offer variety of non-profit competitive classes for children age 2.5 - IS yrs of age (ballet, jazz, tap, hip-hop, musical theatre and cabaret), Fees are very low and emphasis is on the children having an opportunity to express themselves in a creative manner, have h sical activi and en'o themselves. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset operating costs to maintain reasonable fee structure for participants, TOTAL MEMBERSIllPIP ARTICIP ANTS: 143 r-= ~ $5,000,00 1036 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Skating Club APPLICATION # 07-26 CONTACT NAME i Kris Handsor DESCRIPTION OF PROGRAMS AND SERVICES: Skate Canada approved Skating Club offering Learn to Skate programs for children 3 years to adult. Pro ams cover test stream and com etitive fi e skatin , HOW PROGRAMS AND SERVICES Wll.L BENEFIT FROM GRANT: Assist with the costs of providing exciting and competitive skating programs for the growing community. TOTAL MEMBERSHIPIPARTICIPANTS: 112 TOTAL $58,810.94 $57,957.87 TOTAL EXPENSES $56,939.07 $62,166.00 $1,500.00 $1,500.00 $3,000,00 1037 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Orono Amateur Athletic Association APPLICATION # 07-27 CONTACT NAME I Laverne Boyd DESCRIPTION OF PROGRAMS AND SERVICES: Promote minor sport programs for Orono and the surrounding area; hockey- rep and house league, instructional for 4 and 5 year olds. Soccer - house league. Baseball and girls' softball if numbers warrant. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Training of volunteer coaches and trainers. Maintain affordable registration fees, TOTAL MEMBERSHIPIPARTICIPANTS: N/A r--= TOTAL EXPENSES $249,865.00 $262,798.00 $2;000,00 $2,000.00 $2,500.00 1038 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Orono Figure Skating Club APPLICATION # 07-28 CONTACT NAME I Charlene Perron , DESCRIPTION OF PROGRAMS AND SERVICES: Canskate program; Star skate program; Synchronized skating; Canpower and Adult skate for be 'nners, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Maintain affordable registration costs. Defer ice costs. TOTAL MEMBERSHIPIPARTICIPANTS: 125 ~ ~ MUNICIPAL GRANT HISTORY: $1,500,00 $1,500.00 $4,200.00 1039 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Been There - A Project for At-Risk Youth APPLICATION # 07-29 CONTACT NAME I Reverend David Chisling DESCRIPTION OF PROGRAMS AND SERVICES: Train at-risk youth in gardening skills and bring young people that are struggling within the educational system into the garden and teach them skills and self-respect. New ro am re estin seed mone , HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset initial start.up costs, TOTALMEMBERSHIP/PARTIClPANTS: 10 ~ ~ MUNICIPAL GRANT mSTORY: $5,000,00 1040 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Big Brothers and Sisters of Clarington APPLICATION # 07-30 CONTACT NAME I Lisa McNee Baker DESCRIPTION OF PROGRAMS AND SERVICES: Child Safety Training; One-la.one Menloring; Big Bunch; Champions of Change Leadership Ca ; Durham Cruisers After School Pro 'am; Girls and Bo s Grou s, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Current training materials are 15 years old. Funding would go to finance new child safely training program. TOTAL MEMBERSHIPIPARTICIPANTS: 450 ~ TOTAL EXPENSES $248,198.00 $249,155.00 $2,000,00 $2,000,00 $5,000,00 1041 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Bowmanville-Clarington Performing Arts Association APPLICATION # 07-31 CONTACT NAME I Carol Davidson DESCRIPTION OF PROGRAMS AND SERVICES: New organization dedicated to promotion and advancement of the performing arts throughout Claring1on. mtend to start a local drama group and provide an insurance umbrella and assistance to any other amateur performing group that wishes to perform. BOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Assist with start-up costs and cost of insurance coverage. TOTAL MEMBERSBIPIPARTICIPANTS: 10 ~ ~ MUNICIPAL GRANT HISTORY: N/A $3,000.00 1042 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Bowmanville New Horizons Community Band APPLICATION # 07-32 CONTACT NAME I Judith Maxwell DESCRIPTION OF PROGRAMS AND SERVICES: New Horizons offers a.music opportunity at a very low price Gust to cover expenses) to adults wishing to participate in instrumentallband music. This will include beginners, intermediate and ecial ou s. New ro m re uestin seed mone . HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset start.up costs of purchasing book music and individual piece scores. TOTAL MEMBERSHIPIPARTICIPANTS: 25 = ~. '~~. ~A. ~=- TOTAL EXPENSES N/A $3,800.00 MUNICIPAL GRANT HISTORY: N/A $3,000.00 1043 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Canadian Mental Health AssociationlDurham APPLICATION # 07-33 CONTACT NAME I Stephen Bourque DESCRIPTION OF PROGRAMS AND SERVICES: Making Conilections Clarington - Rehab program for mentally ill in downtown Bowmanville, o eratin out of the Ni htin ale Hall Oddfellows Hall , HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset cost of providing programs and services to residents recovering from serious mental illness through 'Making Connections Clarington Resource Centre' (Nightingale Hall), TOTALMEMBERSHIPIPARTICIPANTS: 53 ~ ~ MUNICIPAL GRANT HISTORY: $1,500.00 $6,000.00 1044 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Canadian Red Cross APPLICATION # 07-34 CO~TACT NAME i George Daniels DESCRIPTION OF PROGRAMS AND SERVICES: Disaster management; personal disaster assistance; fITst aid courses; home healthcare equipment service; bab sittin courses; Re ct Ed - abuse revention education. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Assist individuals impacted by disasters by providing food, shelter, clothing and personal referral in first 72 hour period. TOTAL MEMBERSHIPIP ARTICIP ANTS: Does not apply. ~ TOTAL EXPENSES $319,670.00 $311,842.00 MUNICIPAL GRANT HISTORY: $4,300.00 $5,000.00 . 1045 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Arts and Music Festival APPLICATION # 07-35 CONTACT NAME I Ron Collis DESCRIPTION OF PROGRAMS AND SERVICES: New program aimed at developing an annual music and arts festival which will be held at the Clarington Visual Arts Centre in August. By working with the Visual Arts Centre, they hope to build upon their exhibitions and develop a sustainable annual festival that showcases the exceptional talent Clarington has to offer. It will also utilize the recent additions to the Visual Arts Centre. Re uestin seed mone . HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Seed money to assist with promotion. Assist in the development of a long-term structural funding program. TOTAL MEMBERSHIPIPARTIClPANTS: 4 ~ ~ 1046 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Concert Band APPLICATION # 07-36 CONTACT NAME I Colin Rowe DESCRJPTION OF PROGRAMS AND SERVICES: Performing concerts and participating in local parades, fund-raising for local elementary schools' music programs and for local churches and community organizations; mentoring and volunteering hours for music students in the band, provide music for Newcastle Sesquicentennial Gala Dinner; representing Clarington in the Canadian Band Association Annual CommWlity Band weekend. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Purchase promotional material and music. Offset rental of rehearsal and storage space, TOTAL MEMBERSHIP/PARTICIPANTS: 55 ~ TOTAL EXPENSES $33,192,92 $38,800.00 1047 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington East Food Bank APPLICATION # 07-37 CONTACT NAME I Kaye Quinney DESCRIPTION OF PROGRAMS AND SERVICES: To provide a three day supply of food for each member of a needy family usually once per month. Food vouchers are also su lied for fresh food. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset cost of providing the service. TOTAL MEMBERSHIPIPARTICIPANTS: 23 ~ TOTAL EXPENSES $16,059.46 MUNICIPAL GRANT mSTORY: $1,500,00 . $1,500.00 $5,000.00 1048 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Fiddle Club APPI;,ICATION # 07-38 CONTACT NAME I Shirley Severn DESCRIPTION OF PROGRAMS AND SERVICES: Provide entertainment and activity locally. Seniors expressing musical talents and dancing, exercise and socializing. Youth interaction with seniors and building good relationships with fellow musicians, rovide sta e ex erience, Su ort local fiddle com etitions and local charities. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Volunteer music for Community Care luncheons. Socialization and friendship for seniors. TOTALMEMBERSIllPIPARTICIPANTS: 300 TOTAL $6,629.20 $7,501.07 TOTAL EXPENSES $6,428.13 $6,900.00 $201.07 SURPLUS $601.07 SURPLUS MUNICIPAL GRANT HISTORY: . $500,00 $500.00 $1,000.00 1049 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Clarington Older Adult Association APPLICATION # 07-39 CONTACT NAME I Laura McDonald DESCRIPTION OF PROGRAMS AND SERVICES: Offer social, physical, educational and informational programs for the active older adults of Clarington, including active living programs, creative courses and numerous computer and digital hoto a h courses and worksh s; dro in 0 ams, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset niaintenance and operational costs of Beech Centre. Offset costs of part time office staff. TOTALMEMBERSHIP/PARTICIPANTS: 800 ~ TOTAL EXPENSES $283,957.00 $304,279.00 MUNICIPAL GRANT HISTORY: $3,000.00 $77,000.00 $112,500.00 1050 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Community Care Durham - Clarington APPLICATION # 07-40 CONTACT NAME i SallyBarrie DESCRIPTION OF PROGRAMS AND SERVICES: A multi-service registered charitable organization that provides Horne Support, Respite (Caregiver Relief) and COPE Mental Health services for adults and their caregivers with needs related to physical disability, aging, and/or mental health. Services are provided free of charge or for a minimal fee and are administered throu h nine service locations across Durl1am Re 'on. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Assist with the increasing costs of providing Home Support Services. (2003/04 -11,765 Meals on Wheels; 2005/06 - 17,767 Meals on Wheels) TOTAL MEMBERSHIPIPARTICIPANTS: 4,522 ~ TOTAL EXPENSES $580,222,00 $593.200.00 MUNICIPAL GRANT HISTORY: $5,000,00 $25,500.00 $25,500.00 1051 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Concerts in the Park(Bowmanville) APPLICATION # 07-41 CONTACTNAME I Brian Purdy DESCRIPTION OF PROGRAMS AND SERVICES: 12 consecutive weeks of free to the ub1ic concerts in Rota Park in Bowmanville, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset operating costs. TOTAL MEMBERSHIP/P ARTICIP ANTS: 3 ~ ~ 1052 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Driftwood Theatre APPLICATION # 07-42 CONTACT NAME I Yvonne Williams DESCRIPTION OF PROGRAMS AND SERVICES: Outdoor SUmmer Theatre tour (Shakespeare in the Park), scheduled for August 3, 2007 at the Visual Arts Centre. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Assist in accessibility for local children, youth and low.income households at performance. TOTAL MEMBERSHIP/P ARTICIP ANTS: 47,251 TOTAL $145,882.00 $262,597.00 TOTAL EXPENSES $228,627,00 $297,604.00 MUNICIPAL GRANT HISTORY: N/A $500.00 $1,500.00 I 1053 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Durham Region Non Profit Housing Corporation APPLICATION # 07-43 CONTACT NAME I Kevin Bradley DESCRIPTION OF PROGRAMS AND SERVICES: Durham Region Non Profit Housing Corporation is a social housing provider which provides rent geared to income and market rent rental housing for low income seniors, singles, families and persons with disabilities. Fundin is to offer a 'rl's summer TO am at their two Clarin on sites. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offer a girl's summer program at the two Clarington sites. TOTAL MEMBERSHIPIPARTICIPANTS: N/A TOTAL $5000,00 ~ TOT=EXPENSES i . $5000.00 . MUNICIPAL GRANT HISTORY: $5,000.00 1054 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Epilepsy Durham Region APPLICATION # 07-44 I CONTACT NAME I Dianne McKenzie DESCRIPTION OF PROGRAMS AND SERVICES: Educational in-service for educators, parents and students; forums; peer-to-peer network; em 10 ent su ort TO am; E ile s Ambassador TO am; lecture services and consultations. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Funding for the development of an 'action plan' on how to respond to a seizure and how to recognize post and pre-seizure behaviour. TOTAL MEMBERSHlPIPARTICIPANTS: 306 ~ TOTAL EXPENSES $140,576,00 $142,809.00 MUNICIPAL GRANT HISTORY: N/A N/A $1,000.00 1055 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Kendal Lions Club APPLICATION # 07-45 CONTACT NAME I Ron Robinson DESCRIPTION OF PROGRAMS AND SERVICES: Cater to seniors of Municipality's Community Care Program; sponsor youthoutreach; donation to Bethesda House; support guide dog programs; Book of the Month Club; Peace Poster Program; Hunter Horse Show at Orono Fair; mentorin at Kirb Public School. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Assist in providing services and support to community. TOTAL MEMBERSHIPIPARTICIPANTS: 20 ~ ~ MUNICIPAL GRANT HISTORY: N/A N/A $1,000.00 1056 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Learning Disabilities Association of Peterborough - Clarington Services APPLICATION # 07-46 CONTACT NAME I Shari Davis DESCRIPTION OF PROGRAMS AND SERVICES: Computers for Literacy Development Tutoring Program; Specialized Summer Tutoring; Parent/child and self advocacy training; Parent support education; Resource Lending Library; Short-term counselin ,Have a Clarin on Branch at 93 Kin St West, Bowmanville, unit 204 HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Currently, staff are available to clients 28 hrs/week. Funding will allow for enhanced hours and services. TOTAL MEMBERSIUPIPARTICIPANTS: 587 ~ TOTAL EXPENSES $33,256.00 $43,805.00 MUNICIPAL GRANT HISTORY: $750,00 $750.00 $1,500.00 1057 MUNICIPALITY OF CLARlNGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Mitchell Fraser Memorial Slo-Pitch Tournament APPLICATION # 07-47 CONTACT NAME I Laura Fraser DESCRIPTION OF PROGRAMS AND SERVICES: FWl(lraiser for Sick Kids Hospital which has raised $81,000.00. Will have a Yuk Yuk's erformance at Solina Hall in Ma HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset costs of hall rentals, entertainment, licensing and insurance. TOTAL MEMBERSHIP/PARTICIPANTS: 1 ~ TOTAL EXPENSES $13,485.10 $12,572.00 MUNICIPAL GRANT mSTORY: $1,500.00 $2,120.00 1058 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Music Night in the Park - Newtonville APPLICATION # 07-48 CONTACT NAME I Vicki Burrows DESCRIPTION OF PROGRAMS AND SERVICES: New program aimed at providing musical entertainment one night a week (Sunday) for approx. 10 shows throughout the summer of2007. Plan to provide a variety of music that will appeal to all different a e ou s, Also like to build a azebo for the ark erformers, HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Seed money to get this new project 'off the ground', Bring community closer together. TOTAL MEMBERSHIP/PARTICIPANTS: 4 ~ r-== MUNICIPAL GRANT HISTORY: $2,000.00 1059 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Newcastle Village Concerts APPLICATION # 07-49 CONTACT NAME I Joyce Kufta DESCRIPTION OF PROGRAMS AND SERVICES: Weekly free outdoor concerts in the Newcastle Parkette, geared mostly to seniors and families. Concerts run from late June until the Thursda before Labour Da . HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset costs of providing program. TOTAL MEMBERSIDPIPARTICIPANTS: 204 ~ ~ MUNICIPAL GRANT HISTORY: 1060 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Rocky's Ride for Diabetes APPLICATION # 07-50 CONTACT NAME I LouDeVuono DESCRIPTION OF PROGRAMS AND SERVICES: Bring awareness of Diabetes and its complications and raise money for the following charities: The Canadian Diabetes Association, The Juvenile Diabetes Research Foundation, The Charles H. Best Diabetes Center for Children and Youth located in Whitb . HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Aid in the promotion ofthe two day stop in Durham/Clarington. TOTAL MEMBERSHIP/PARTICIPANTS: N/A TOTAL $9,825.00 $3,500.00 ~ MUNICIPAL GRANT HISTORY: 1061 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT ORGANIZATION: Tyrone Community Herald Newsletter APPLICATION # 07-51 CONTACTNAME I Mark Canning DESCRIPTION OF PROGRAMS AND SERVICES: Covers local events, happenings in Tyrone. Also provides a history of the Tyrone area as well as events/issues in Clarington/Durham that have an impact on the residents of Tyrone. It also brings to ether an identi ofT one for the new residents as well as the Ion term ones. HOW PROGRAMS AND SERVICES WILL BENEFIT FROM GRANT: Offset operating costs. TOTAL MEMBERSBIPIPARTICIPANTS: 3 ~ ~ MUNICIPAL GRANT HISTORY: N/A $0 $600,00 1062 ClNi!1glOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 5, 2007 Report #: CLD-006-07 File#: By-law #: Subject: ADULT ENTERTAINMENT BY-LAW. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee 'recommend to Council the following: 1. THAT Report CLD-006-07 be received for information; 2. THAT the By-law attached to Report CLD-006-07 be forwarded Council for approval. /_..---..., .. '\ j PLB*LC /.. -,~. LRv-LLL-~ . '-..... Reviewed by: Franklin Wu, Chief Administrative Officer Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.:CLD 006-07- PAGE 2 of 2 BACKGROUND In 1999 the Municipality of Clarington passed an Adult Entertainment By-law. At that time the Municipal Act placed a time limit on the "life" of the by-law. Since its passage, staff have reviewed the By-law and have prepared some minor changes to deal with current trends. The majority of the By-law was found to be operationally effeCtive. The fees are not unreasonable for the business involved and appear to be in line with those charged by other municipalities. The major change has been in permitted location. The current by-law allows only two locations, 54 King Street East Bowmanville and 1540 Highway 2 in Courtice. These are the sites of the former Castle Hotel and the Tanglewood. Both of these properties have changed ownership and ceased their use as adult entertainment parlours. In order to provide consistency with other similar licenced establishments and to conform to the Zoning By-law, the new By-law will allow for only two locations. One of these will be in the Courtice industrial area and one in the Bowmanville industrial area. This will be consistent with the permitted areas for Body Rub Parlours. 1102 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW 2007. Being a by-law to license, regulate and govern adult entertainment businesses in the Municipality of Clarington and to repeal By-laws 99-123 and 99.130 WHEREAS the Municipal Act, 2001, S.O, 2001, c,25, as amended, authorizes municipalities to pass by-laws to licence, regulate and govern adult entertainment establishments; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to enact a by.law to regulate and govem adult entertainment establishments within the Municipality; NOW THEREFORE the Council of the Corporation of the Municipality of Claring/on enacts as follows: 1.0 TITLE This by.law may be referred as the Adult Entertainment By-law. 2.0 DEFINITIONS In this by-law, unless a contrary intention is indicated: "Adult Entertainment Parlour" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; "Attendant", in reference to an Adult Entertainment Parlour, means any person other than an Owner or Operator who provides Services designed to appeal to erotic or sexual appetites or inclinations at an Adult Entertainment Parlour; "Applicant" includes a person seeking a licence, or renewal of a licence or a person whose licence is being considered for revocation or suspension; "Chief of Police" means the Chief of Police of the Regional Municipality of Durham or the Deputy Chief actin9 in place of the Chief; "Clerk" means Municipal Clerk of the Corporation of the Municipality of Clarington or the Deputy Clerk actin9 in place of the Clerk; 1103 "Committee" means the General Purpose and Administration Committee of the Council of The Corporation of the Municipality of Clarington; "Council" means the Council of The Corporation of the Municipality of Clarington; "Fire Chief' means the Fire Chief of the Municipality of Clarington Fire Department or his designate acting in place of the Chief; "Health Unit" means the Durham Regional Health Unit; "His" shall be read with such changes of number or gender as the contE1xt requires; "Main Stage" means, in relation to an Adult Entertainment Parlour, the principle setting, scene or area upon which performances, services or an event or a series of events are presented, exclusive of patron seating areas. "Medical Officer of Health" means the Medical Officer of Health of the Health Unit or his representative; "Municipality" shall mean The Corporation of the Municipality of Clarington; "Owner", in reference to an Adult Entertainment Parlour, means a person who, alone or with others, has the right to possess or occupy an Adult Entertainment Parlour or actually does possess or occupy an Adult Entertainment Parlour and includes a lessee of an Adult Entertainment Parlour or of premises upon which an Adult Entertainment Parlour is located. The terms "own", "ownership", and words of like import or intent shall have corresponding meanings; "Operator", in reference to an Adult Entertainment Parlour, means a person who, alone or with others, operates, manages, supervises, runs or controls an Adult Entertainment Parlour and shall be an individual and not a partnership or a corporation. The terms "operate", "operation" and words of like import or intent have corresponding meanings; "Person" includes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate, a natural person, and "Persons" has a corresponding meaning; 1104 .? "Provide" when used in relation to services includes to fumish, perform, or give such services and "providing" and "provision" have correspondi ng meanings; "Public Sound Amplifying Equipmenf means a public address system, loud speaker, sound equipment or any similar device intended to be used on a highway or public lands or intended to be broadcast onto a highway or public lands from lands adjacent thereto, but shall not inciude radio equipment installed in a vehicle and intended only for the use of the occupants of such vehicle or waming devices on emergency vehicles or homs or any device used for traffic safety purposes; "Services", in reference to an Adult Entertainment Parfour, includes activities, facilities, performances, exhibitions, viewing and encounters, but does not include the exhibition of film approved under the Theatres Act: "Services designed to appeal to erotic or sexual appetites or inclinations", in reference to an Adult Entertainment Parlour, includes services of which a principal feature or characteristic is the nUdity or partiai nudity of any person; and services in respect of which anyone or more of the words "nude", "naked", "topless", "bottomless", "sexy", "table dancing", "lap dancing", or any other word <>r any picture, symbol or representation having like meaning or implication is used in any advertisement; "Sexual Contact" includes the kissing, fondling, or sucking of breasts or genitalia, digital penetration, fellatio, cunnilingus, masturbation, ejaculation' or intercourse. 3.0 EXPLANATION OF REASON FOR LICENSING AND IMPOSITION OF CONDITIONS 3.1 The Municipality's reasons for licensing and imposing conditions under this By-law respecting Adult Entertainment Parlours and the owners, operators of and attendants in Adult Entertainment Parlours is to protect the health of members of the public who patronize Adult Entertainment Parlours from disease that may be communicated to them by Adult Entertainment Parlour Attendants, to protect the Attendants from disease that may be communicated to them by Patrons of Adult Entertainment Parlours, and to protect the safety of members of the public who may Patronize Adult Entertainment Pariours and Adult Entertainment Parlour Attendants. - ~ . 1105 4.0 LICENCE REQUIRED 4.1 No person shall, either directly or indirectly, carry on as an Adult Entertainment Owner, Operator or Attendant without first having obtained a licence therefore as required in this By-law, Failure by such a person to comply with this section constitutes an offence, 4,2 A person who receives a licence as an Adult Entertainment Owner, Operator or Attendant shall comply with the regulations set out in this by-law, Failure to comply with the regulations constitutes an offence, 4.3 An agent, trustee or representative of persons carrying on as an Adult Entertainment Owner, Operator or Attendant shall also be personally liable for the compliance of his principal, beneficiary or persons he represents in connection with this by-law. Failure by such a person to comply with this section constitutes an offence, 4,4 There shall be a separate application for a licence for each classification or category of business operated and once issued the licence cannot be transferred. 5.0 PROCEDURE 5.1 Any person required to obtain a licence pursuant to this by.law shall apply in writing on the appropriate application form as provided by the Clerk for each business classification or category as well as any required approvals, inspections or documentation required by the provisions of this by-law or as deemed necessary by the Clerk. 5.2 The Clerk may require affidavits in support of an application: 5,3 The Clerk shall not issue a licence or renewal of a licence until: a) All required approvals and inspections have been obtained by the applicant: b) Required documentation has been provided; and c) Business licence fees have been paid in full, 5.4 The Clerk, upon receipt of the application for a licence may make, cause to be made, or request, any additional documents, investigations or inspections to be made in respect of such application for a licence as the Clerk deems appropriate or in the interest of the general public, and any 1106 .4_ costs incurred for such inspections or documents shall be ;ltthe applicant's expense, 5.5 If the investigation disdoses that: a) the applicant's premises or place of trade are the object of an order to comply made under the Property Standards By-law, or an order made under current building codes or discloses non-compliance with the Zoning By-law or any parking requirements of the Corporation; b) the applicant's premises or place of business requires corrective action to comply with an order of the Medical Officer of Health to ensure the safety public; c) the applicant's premises or place of business requires corrective action to comply with an order of the Fire Chief to ensure the fire safety; d) the applicant is incompetent in a manner that affects the safety, health or welfare of the public; e) the applicant has been found to have discriminated against a member of the public contrary to The Human Rights Code; f) the applicant is financially obligated to the Municipality in some manner other than for current taxes; g) the applicant is in breach of this or some other Municipal by-law or law of Ontario or Canada: h) the applicant has been convicted or an offence pursuant to a similar by-law in another municipality: or j) the applicant has a prior Criminal record for which he has not received a Pardon, the Clerk shall deny the application. 5.6 Notwithstanding section 5.50), if more than seven years have elapsed since the final disposition date of the Criminal Record, and it is, in the opinion of the Clerk, of a minor nature, the Clerk may approve the application. 5.7 An applicant who has been denied a Licence by the Clerk pursuant to Section 5.5 may request that his application be heard by the Committee to request that Council, in its discretion, issue the Licence in question. Upon request, the Clerk shall refer the matter to the Committee, 5.8 The Committee shall hold a hearing in the presence of the applicant, and the rules in Section 17 apply with necessary modifications. _li_ 1107 5,9 In considering an application under Section 5.6, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a licence, including any condition which would otherwise contravene any other provisions of the By-law. 5,10 Except as otherwise herein provided, licences shall be issued for a period of one year and shall come into effect on January 1 of each calendar year and expire on December 31 of the year issued and the licence fee as set forth in Schedule "B" shall not be reduced in the event that the first period for which the licence is issued is less than one calendar year. 6.0 RENEWALS 6.1 Applications for renewal of a licence issued pursuant to this by-law shall be submitted in the same form and manner as a new application and the application process shall be as set out in Section 5 of this by.law. 6.2 Notwithstanding Section 6,1 , where a licence has been issued as a result of a decision of Council, if all the relevant facts and conditions have remained the same, the Clerk may issue the licence. 7.0 LICENCE FEE 7.1 The fee for obtaining a licence or renewal of a licence shall be as set out in Schedule "B" of this by.law, In the event that a licence is revoked or suspended, no licence fee is refundable. 8.0 DUPLICATE LICENCE 8,1 A duplicate licence may be issued by the Clerk to replace any licence previously issued which has been lost, stolen or destroyed, upon written application by the licensee and upon payment of a fee of $25,00. 9.0 POSTING LICENCES g,' Every person licensed pursuant to this by-law shall post the said licence in a conspicuous place at their place of business and every person so licensed shall, when requested by any person authorized by Council, produce the licence for inspection, Failure by a licensee to comply with this section shall constitute an offence, 1108 . n. 10.0 DESIGNATED AREAS 10.1 Subject to sections 10.2 and 10,3, an Adult Entertainment Parlour shall not be located and no Person shall own or operate or cause or permit to be operated an Adult Entertainment Parlour within the geographic limits of the Municipality of Clarington unless the Premises are located on land within either Area A or Area B shown on the maps contained in Schedule "A" attached to and forming part of this By-law. 10.2 Subject to section 10.3, there shall be no more than one Adult Entertainment Parlour located within Area A and no more than one Adult Entertainment Parlour Owner's Licence issued for Premises located within Area A, and no more than one Adult Entertainment Parlour located in Area B and no more than one Adult Entertainment Parlour Owner's Licence issued for Premises located within Area B, both Areas as shown on the maps contained in Schedule "A" hereto, 10.3 AIl Adult Entertainment Parlour shall not be located and an Adult Entertainment Parlour Owner's Licence shall not be issued respecting an Adult Entertainment Parlour which is located within 100 metres of any school under the jurisdiction of either the Kawartha Pine Ridge District School Board or the Peterborough Victoria Northumberland and clarington Roman Catholic Separate School Board. 11.0 PARTNERSHIPS AND CORPORATIONS AND UNICORPORATED ASSOCIATIONS 11,1 A partnership, corporation, association or combination thereof shall be considered as a single applicant for an Adult Entertainment Parlour Owner's Licence at one place of business, 11.2 On any application by a partnership, the licence shall be Issued in the name under which business is carried on by the applicant. 11.3 An application by a partnership shall include a statutory declaration in writing, signed by all the members of the partnership which shall include the mailing address of the partnership, the full names and addresses of the ordinary residences of all partners and a declaration that the persons therein listed are the only members of the partnership. 11.4 Any application by a corporation shall state the full name or names under which it carries on or intends to carry on ownership of the business and .7_ 1109 shall contain copies of the articles of incorporation or other incorporating documents. 11.5 An Application by a corporation shall include a statutory declaration in writing signed by an officer of the corporation which shall state the full names and addresses of the officers and directors of the corporation, 11.6 A change in composition of the members of a partnership or in the officers and/or directors of a corporation shall be reported to the Clerk within fifteen days, Failure to comply with this section constitutes an offence. 12.0 CHANGE OF ADDRESS 12.1 Every change of mailing address or telephone number of any person licensed under this bylaw shall be reported to the Clerk within fifteen days. Failure by a licensee to comply with this section constitutes an offence. 13.0 INSPECTIONS DURING REASONABLE TIMES 13.1 The Clerk, the Chief of Police, the Medical Officer of Health, the Fire Chief, a Municipal Law Enforcement Officer or any person acting under the authority of these persons or any person authorized by Council may at reasonable times during business hours inspect: a) Any premises or place where a trade which is subject to this by-law is carried on or any such person has reasonable or probable grounds to beiieve such a trade is being carried on; and b) Any goods, equipment, books, records or documents used or to be used by the applicant or licensee under this by.law, 13.2 It constitutes an offence for any person to obstruct or permit the obstruction of an inspection or of any person assisting in an inspection as set out in Section 13.1 of this By-law, 14.0 NO TRANSFER 14.1 It constitutes an offence for any person to transfer or assign a licence issued under this by-law. - R- 1 110 15.0 NO VESTED RIGHT 15.1 No person shall enjoy a vested right in the continuance of a licence and upon issuance, renewal, cancellation or suspension, a licence shall remain the property of the Municipality. 16.0 LICENSEES TO USE NAME ON LICENCE 16.1 It shall constitute an offence for a person licensed to carry on a trade under this by-law to advertise or carry on such trade under any other name than the one endorsed on their licence. 17.0 REVOCATION AND SUSPENSION 17 ,1 Council may revoke, suspend, impose any conditions upon, or refuse to issue or renew any licence to any person under this by-law. 17.2 The Clerk is authorized to suspend any licence issued to any person under this by-iaw pending a review by Committee. 17.3 Committee may, in exercising the discretion mentioned in Section 17,1, consider any matter raised under paragraph 5.5 or any other matter that relates to the general welfare, health or safety of the public. 17.4 Hearing by Committee: 17.4.1 A Notice of Hearing shall be mailed to the applicant at least five (5) days prior to the date of the Hearing advising the applicant of the date, place and time fIXed for such hearing, Such Notice shall be sent to the last known address of the applicant and to any other person who has applied to be heard with regard to this matter. 17,4.2 At such hearing Committee shall receive a written report from the Clerk and from such other officers or employees of the Municipality or other such persons who may be involved in the matter being considered by Committee, 17,4.3 Committee shall not make a decision under Section 17.1 without first affording the person or applicant the opportunity to be heard before the Committee, 1 1 1 1 _0_ 17,4.4 After such opportunity to be heard is afforded the person or applicant, Committee may make any decision in respect of which the hearing was held or the opportunity for hearing afforded without holding a further hearing or affording further opportunity for a hearing in such matter, 17,4.5 Where the Committee conducts a hearing in respect of any matter in this subsection, the rules set out in The Statutory Powers Procedure Act shall apply to the Committee and those sections do not apply to Council in the exercise of its power of decision in respect to such matter. 17.5 Report by Committee: 17.5.1 At the conclusion of the hearing conducted by the Committee mentioned in Section 17,4, the Committee shall, as soon as practicable, make a written recommendation, if any, to Council with reasons on the merits of the application in respect of which the hearing has been conducted, 17.5.2 After considering the report of the Committee, Council may thereupon in respect of such application do any act or make any decision that it might have done, passed or made had it conducted the hearing itself. 17.5,3 Notice of the decision of Council may be given by serving a copy of the decision personally on the applicant or by mailing a copy thereof by prepaid registered mail to the person or applicant at his last known address and, .upon such mailing, any revoked, suspended or refused licence shall be deemed to be revoked, suspended or refused, as the case may be. 17,5.4 Unless otherwise specified, Council's decision shall come into effect immediately upon personal service or five days after being sent by registered mail. 18.0. SCHEDULES SHALL APPLY 18.1 Every person applying for or holding a licence under this by.law shall be subject to all relevant regulations contained in the schedules hereinafter set out and such schedules form part of this by.law, 1 112 .10- 18.2 Notwithstanding Section 17 of this By-law, the making of a false or intentionally misleading recital of fact, statement or representation in any licence application, may result in the immediate revocation of a licence or refusal to issue or renew a licence, by the Clerk. 19.0 APPLICATION FOR ADULT ENTERTAINMENT PARLOUR LICENCES - OWNER. OPERATOR. ATTENDANT 19.1 Every person applying for an Adult Entertainment Parlour Owner, Operator or Attendant licence or for the renewal thereof, shall attend in person and not by agent, at the Municipal Clerk's Department and shall complete the prescribed forms and shall furnish two pieces of personal 'identification one of which must be as set out in section 19.4 of this By- law, and such other information as the Clerk may direct. In the case of an Adult Entertainment Parlour owned by a partnership, the attendance required by this paragraph shall be by one of the partners and in the case of a corporate owner, the attendance shall be by an officer or director of the corporation. 19,2 Every person applying for an Adult Entertainment Parlour Operator or Attendant licence or for the renewal thereof, shall attend at a place designated by the Clerk, for the purpose of having his/her photograph taken. A copy of the photograph shall be filed with the Municipality. 19,3 Every person applying for an Adult Entertainment Parlour Owner, Operator or Attendant licence or for the renewal thereof, shall provide to the Municipality proof of hislher age. No licence shall be issued unless the Clerk is satisfied that every Owner, Operator or Attendant is of the full age of eighteen (18) years. 19A The following types of personal identification and proof of age are prescribed for the purposes of this By.law: a) A valid driver's licence issued by the Province of Ontario or other Provincial or State government which contains a photograph of the person to whom the licence is issued; b) An Ontario Health Card with photograph or a Health Card issued by another Province provided it contains a photograph of the person to whom the card is issued, together with an original Birth Certificate; c) A currently valid Canadian or other national passport; d) A Canadian citizenship card which contains a photograph of the person to whom the card is issued; or _ 11 . 1113 e) A Canadian Armed Forces identification card. 20.0 APPLICATION FOR ADULT ENTERTAINMENT PARLOUR LICENCES - OWNER. OPERATOR 20,1 Where an Owner intends to be, or is also the Operator of an Adult Entertainment Parlour, he or she shall require both an Owner and Operator licence. 20.2 Every applicant for an Owner's licence shall, at the time of making application or at time of renewal, file with the Municipality a precise description of the real property upon which the Adult Entertainment Parlour is to be located, together with information as to exactly what parts of the premise are to be utilized for this purpose, The application shall also include working drawings of the physical premises of the proposed Adult Entertainment Parlour with details of any stage doors, walls, seating areas and partitions and shall clearly identify the area to be designated as the Main Stage, 20.3 Each Adult Entertainment Parlour shall have no more than one designated Main Stage, 20,4 The Owner's licence shall only apply to that part of the building as depicted on the working drawings, which shall be annexed to and shall form part of the licence. 20,5 No person shall create, cause or permit, any alteration or deviation from the approved working drawings of a licenced Adult Entertainment Parlour without first having received the Municipality's approval for the said aiteration or deviation. Failure to comply with this paragraph constitutes an offence, in addition to any other penalty imposed by the court, failure to obtain the Municipality's approval prior to such alteration or deviation shall result in automatic suspension of the Owner's licence, 20,6 Every Owner must report a change in composition of the officers and directors referred to in section 11 of this By-Law, within fifteen days of the change. Failure to comply with this paragraph constitutes an offence. In addition to any other penalty imposed by the court, failure to report pursuant to this section shall result in automatic suspension of the Owner's licence, .1? . 1114 20.7 Notwithstanding section 12 of this By.law, every Attendant must report a change of mailing address or telephone number to the Municipality within two business days of the change. Failure to comply with this paragraph constitutes an offence. In addition to any other penalty imposed by the court, failure to report pursuant to this section shall result in an automatic suspension of the Attendant's licence. 20.8 Every Owner, Operator and Attendant shall post their Adult Entertainment Parlour licence in a conspicuous place in the interior of the Adult Entertainment Parlour, plainly visible and legible to any person upon entering the said premises, Failure to comply with this paragraph constitutes an offence. 21.0 LISTS OF SERVICES AND FEES 21.1 Every applicant for an Owner's licence shall, at the time of making application or at time of renewal, and prior to any Services being offered, file with the Municipality a copy of a list of all Services provided for a fee at the Adult Entertainment Parlour, This list shall include all of the respective fees charged for services, if any, including admission fees and any other payment charged in respect of entry to the Adult Entertainment Parlour. If any charge is based on a computation oftime, the hourly rate shall be shown on the lists. Failure to comply with this paragraph constitutes an offence. 21.2 It shall constitute an offence for an Owner, Operator or Attendant to cause, pennit, allow, or provide Services at or in respect of an Adult Entertainment Parlour other than those Services described on the list filed with the Municipality in accordance with section 21.1 of this By.law, or amendments filed thereto, 21,3 It shall constitute an offence for an Owner, Operator or Attendant, with respect to any Services provided at an Adult Entertainment Parlour, to charge, demand, ask for, require or accept, or pennit or allow to be charged, demanded, asked for, required or accepted, any amount of money other than that set out in a list filed with the Municipality in accordance with section 21.1 of this By-law, or amendments thereto. 21,4 Every Owner or Operator shall post a copy of the list of services and fees referred to in this section, in a conspicuous place in the interior of the Adult Entertainment Parlour, plainly visible and legible to any person upon entering the said premises, _ 1"'_ 1115 22.0 KEEPING OF BOOKS AND RECORDS 22.1 Every Operator shall keep proper daily records and books of account of all business transacted in, by or in respect of the Adult Entertainment Parlour operated by him/her, which books shall: a) give the amount of gross receipts for all Services provided, including all receipts for admission fees and other charges and receipts in respect of entry to or Services provided in the Adult Entertainment Parlour; b) show the name and licence number of every Attendant providing Services, including the date of commencement and the date of termination of contract or employment, as well as every date any Attendant provides Services in the Adult Entertainment Parlour; c) indicate the amount of salary or commission paid to each Attendant; and c) list all amounts paid by the Owner to the Operator, if any, or by the Operator to the Owner, in respect of the Adult Entertainment Parlour. 22.2 Failure by the Operator to comply with section 22.1 of this Schedule constitutes an offence. 22.3 Every Attendant shall give to the patron an itemized bill for Services, listing the Service to be provided and the price to be paid for each, before any Services are provided to the patron. Failure to comply with this paragraph constitutes an offence. 22.4 The Attendant shall provide a copy of each of the bills prepared under section 22,3 of this By.law to the Operator prior to leaving the premises. Failure to comply with this paragraph constitutes an offence. 24,5 It shall constitute an offence for an Operator to cause, permit or allow an Attendant to provide Services contrary to section 22.3 of this by.law. 22,6 Every Owner shall retain and keep a copy of each bill, receipt, record or book referred to in section 22.1 of this By-law for at least one year after the Services referred to therein were performed or after the record was made. Failure to comply with this paragraph constitutes an offence. 22,7 The Municipality or any person authorized to enforce this By~aw shall at all times be given access to such records, upon request. Failure to 1116 -14. comply with this paragraph constitutes an offence, 22.8 Every Operator shall deliver to the patron a receipt for the fee, charge or payment paid for admission to the Adult Entertainment Parlour, if any, Failure to comply with this paragraph constitutes an offence, 22.9 It shall constitute an offence for an Owner to cause, permit or allow any Operator or Attendant to perform Services or to conduct business contrary to the provisions of this By-law. 23.0 IMPOSITION OF CONDITIONS ON LICENCE 23.1 The Clerk may, at any time, review an Adult Entertainment Parlour licence and may, rather than suspend the licence, attach to the licence conditions consented to by the licensee. Where conditions to a licence are attached under this section, failure to comply with the conditions shall result in automatic suspension of the licence. 23.2 Where the conditions referred to in section 23.1 are not agreed to by the licencee, the Clerk shall cause the matter to be referred to Committee and the rules of Section 17 shall apply with appropriate modifications, 24.0 GENERAL REGULATIONS - OWNERS. OPERATORS. ATTENDANTS 24.1 It shall constitute an offence for an Owner of an Adult Entertainment Parlour to cause, permit or allow any person other than a licensed Operator to operate such Adult Entertainment Parlour, 24.2 An Operator licensed in respect of an Adult Entertainment Parlour shall be in attendance in the licensed premises at all times that the Adult Entertainment Parlour is open to the public. It shall constitute an offence for an Owner or Operator to do any of the following: a) permit the Adult Entertainment Parlour to remain open for business without an Owner or Operator present, b) permit any Attendant to enter or remain on the premises without an Owner or Operator present, or c) permit any Attendant to provide any Service at the Adult Entertainment Parlour without an Owner or Operator present. 1117 -15. 24.3 It shall constitute an offence for an Attendant to provide Services or to enter or remain in the licensed Adult Entertainment Parlour during the hours that the Adult Entertainment Parlour is open to the public, unless a licensed Operator is also in attendance at the premises, 24.4 It shall constitute an offence for an Owner or Operator of an Adult Entertainment Parlour to cause, permit or allow any person other than a licensed Attendant to perform Services in the Adult Entertainment Parlour, 24,5 It shall constitute an offence for an Owner or Operator of an Adult , Entertainment Parlour to cause, permit or allow an Attendant who is under the age of eighteen (18) years to perform the Services of an Attendant in his/her/its Adult Entertainment Parlour. 24.6 It shall constitute an offence for an Owner or Operator to cause, permit or allow the door to any room or cubicle in an Adult Entertainment Parlour, to be equipped or constructed with a locking device of any kind, except for a toilet cubicle. 24.7 Subject to section 24.8 of this By-law, it shall constitute an offence for an Owner, Operator or Attendant to use or permit to be used any camera or other photographic or recording device in, upon or at an Adult Entertainment Pariour by any person, other than a person empowered to enforce this By~aw or any other legislation or regulation governing the premises, 24,8 Section 24.7 of this By-law does not prohibit an Owner or Operator from placing permanentiy mounted security cameras in, upon or at an Adult Entertainment Parlour, Every Aduit Entertainment Parlour which has permanently mounted security cameras in place, shall post signs in clearly visible places inside the premises indicating that such cameras are in use. If installed, the Owner and Operator are required to keep security tapes, unaltered from their original recorded form and in good viewing order, for a period of not less than three months from the date of recording and shall make them available for inspection upon request by a person authorized to enforce the provisions of this By.law, It shall constitute an offence for an Owner or Operator to cause, permit or allow security cameras to be used contrary to this paragraph. -1R - 1118 24,9 All Services provided by an Attendant shall be clearly visible from the Main Stage of the Adult Entertainment Parlour, without obscuration or obstruction by any thing, including, but not limited to: walls, curtains, glass, enclosures, structures, fog, or inadequate lighting. It shall constitute an offence for an Owner, Operator or Attendant of an Adult Entertainment Parlour to cause, pennit, allow, or provide Services contrary to this paragraph. 24,10 It shall constitute an offence for an Owner or Operator to pennit or allow any person under the age of eighteen (18) to enter or remain in the Adult Entertainment Parlour. 24,11 It shall constitute an offence for an Owner or Operator to pennit or allow drunkenness or riotous, quarrelsome, violent or disorderly conduct to occur on the premises or in the adjacent washrooms, liquor and food preparation areas and storage areas under the control of the Owner or Operator. 24.12 It shall constitute an offence for an Owner, Operator or Attendant to cause, penni~ allow or provide any Services in the Adult Entertainment Parlour at any time between the hours of 2:00 o'clock in the moming of any day and 11 :00 o'clock in the morning of the same day. 24.13 Every Owner or Operator shall ensure that all patrons of the Adult Entertainment Parlour shall vacate the Parlour by 2:45 in the moming. 24.14 During the hours of business of an Adult Entertainment Parlour, or at any time at which an Attendant is in attendance at an Adult Entertainment Parlour, the Owner or Operator shall ensure that the door or doors or other principal means of access into the Adult Entertainment Parlour by the public are kept unlocked so that anyone may enter or exit the Adult Entertainment Parlour without hindrance or delay. Failure to comply with this paragraph constitutes an offence, 25.0 CONDUCT OF SERVICES PROVIDED - "NO TOUCHING" 25.1 It shall constitute an offence for an Owner or Operator of an Adult Entertainment Parlour, to cause, pennit or allow any Attendant while he/she is perfonning Services as an Attendant, to have Sexual Contact with another person, or to touch or be touched by or to have physical contact with any other person in any manner whatsoever involving any .17 - 1119 part of that person's body, whether or not the touching is skin to skin. 25.2 It shall constitute an offence for an Attendant performing or providin g Services In an Adult Entertainment Parlour, during the course of that entertainment, to have Sexual Contact with another person, or to allow any other person to touch any part of his or her body or to touch any part of any other person's body, whether or not the touching is skin to skin. 25.3 It shall constitute an offence for a patron attending the facilities of an Adult Entertainment Parlour, during the course of that entertainment, to touch any part of an Attendanfs body, whether or not the touching is skin to skin. 25.4 Every Owner or Operator of an Adult Entertainment Parlour shall past a copy of the "no touching" regulations as set out in section 25.3 of this By- law in a clearly conspicuous place in the interior of the Adult Entertainment Parlour, plainly visible and legible to any patron upon entering the said premises. Failure to comply with this section constitutes an offence, 26.0 ADVERTISEMENT 26,1 It shall constitute an offence for an Owner or Operator to use or permit the use of a public address system, sound equipment, loud speaker or similar devices outside of an Adult Entertainment Parlour for the purpose of promoting the Adult Entertainment Parlour, 26,2 It shall constitute an offence for an Owner or Operator to cause or permit any person, while outside the premises of the Adult Entertainment Parlour, to shout, speak to, distribute handbills to or solicit persons passing by, with the intent to promote the Adult Entertainment Parlour. 26.3 It shall constitute an offence for a person, while outside the premises of the Adult Entertainment Parlour, to shout, speak to, distribute handbills to or solicit persons passing by, with the intent to promote the Adult Entertainment Parlour, 26.4 Every Owner or Operator shall include in every advertisement of his/hernts business the Owner's legal name as shown on hislher/its licence and the name, if any, under which the Owner carries on the Adult Entertainment Parlour business as shown on his/hernts iicence, Failure to comply with this paragraph constitutes an offence, 1120 _1R _ 79.0 OFFENCE AND PENALTY PROVISIONS 19.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to the penalties prescribed by the Municipal Act, S.D. 2001, c,25, as a mended, for each offence. 27.2 Where a corporation is convicted of an offence pursuant to the provisions of this By-law, the maximum penalty that may be imposed upon the corporation shall be as prescribed in the Municipal Act, S.D. 2001, c.25 as amended, for each offence. 28.0 SEVERABILITY 28.1 In the event any provisions of this by.law are deemed invalid or void, in whoie or in part, by any court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 28.2 By-laws 99.123 and 99-130 of the Municipality of Clarington are hereby repealed. 28.3 This By-law shall come into full force and effect on the date of its passing by Council. By-law read a first and second time this day of 2007, By-law read a third time and finally passed this day of 2007. MAYOR MUNICIPAL CLERK -1!l. 1121 SCHEDULE "8" LICENCE FEES ADULT ENTERTAINMENT PARLOUR OWNER $3000.00 $1000.00 ADULT ENTERTAINMENT PARLOUR OPERATOR ADULT ENTERTAINMENT PARLOUR ATTENDANT $250.00 1122 - ?o- Cl!J!il1gron , REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5, 2007 Report #: COD-008-07 File#_ By-law # Subject: Purchasing By-law 2006-127 Amendment Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-008-07 be received; 2. THAT By-law 2006-127 be amended as per Schedule "A" attached; and 3. THAT the attached amending By-law (Schedule A) be forwarded to Council for approval. Submitted b~. ~ arie Marano, H.B.Sc., C.M.O. Director of Corporate Services Reviewedbd~~~ Franklin Wu, Chief Administrative Officer MM\LAB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1201 REPORT NO.: COD-008-07 PAGE 2 BACKGROUND AND COMMENT 4 In June of 2006, Council approved Purchasing By-law 2006-127. After having time to work with the revised by-law it has become apparent that there are some minor changes required in order to provide consistency and efficiencies. The required changes are detailed in the amending By-law Schedule "A" attached and are summarized as follows: 1) Purchasing Cards, Page 8, Paragraph 3, Section 6 of the By-law currently reads "may be used for all purchases, less than $500.00"; This amount is inconsistent with the amount that is required for a purchase order which is $750.00. It is therefore recommended that the amount for purchasing cards be increased to $750.00. 2) Requests for Proposal, Page 16, Paragraph 15.13 currently reads "Requests for Proposal for purchases at a Cost which exceeds Fifty Thousand ($50,000.00) Dollars, provided that wherever possible three written Proposals are received, and in consultation with the Designated Official, a report is submitted to the Committee and/or Council." The change proposed is that a report only be provided where the total bid amount exceeds $75,000.00 which is the amount required for a report utilizing the tender process. This change will avoid confusion and provide consistency in the two processes. 3) Appendix "A" - List of items that are excluded from the Purchasing By- law. Under item "5, Certain Professional and other Services", it is recommended that "web design usage fees and penalties" be added. The approval of these recommended changes is in keeping with the original intent of the Purchasing By-law. Attachments: Attachment 1 - Schedule "A", By-law 1202 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to amend By-law 2006-127 for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an amending By-law for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington; and 1. THAT By-law 2006-127, Page 8, Section 6, Paragraph 1, Purchasing Cards be amended to read: "Purchasing Cards may be used for all purchases less than $750.00 or where the Goods and/or Services do not fall under the requirements 9f the By-law. " 2. THAT By-law 2006-127, Page 16, Section 15.13, Paragraph 1, Requests for Proposal be amended to read: "Where it has been determined that Requests for Proposal are to be used, the Purchasing Manager shall be authorized to make purchases using the Requests for Proposal for purchases at a Cost which exceeds Fifty Thousand ($50,000.00) Dollars, provided that wherever possible three written Proposals are received, and in consultatio~ with the Designated Official, a report is submitted to the Committee and/or Council should the total required funds exceed $75,000.00 providing a list of Proposal amounts received with recommendations for award. 3. THAT By-law 2006-127, Appendix "A" be amended to adding to Section 5: m. Web Design Usage Fees and Penalties 4. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of , 2007. By-law read a third time and finally passed this day of ,2007. Jim Abemethy, Mayor Patti L. Barrie, Municipal Clerk 1203 Cl~mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5th, 2007 Report #: COD-009-07 File#_ By-law # Subject: RFP2006-13, PLAYGROUND EQUIPMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-009-07 be received for information; and 2. THAT Council confirm the award of the RFP2006-13, Playground Equipment in the amount of $70,754.71 to Recreation Play Systems, Waterloo, Ontario. Submitted by: arie Marano, H.B.Sc., C.M.O. Director of Corporate Services /\ - ;:7 17 "'-c' \7 Reviewed b~/ ~-~ "-.J I.{. Franklin Wu, Chief Administrative Officer MM\LABlkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C3A6 T (905)623-3379 F (905)623-4169 1204 REPORT NO.: COD-009-07 PAGE 2 BACKGROUND AND COMMENT In November 2006, RFP2006-13 Playground Equipment was issued with the bids being received as per Schedule "A" attached. The proposals were evaluated on Play value, Safety, Durability, Appearance, Warranty and Cost. Subsequently after a complete review of the submission by both Operations and Purchasing staff, an award was made to Recreation Play Systems, Waterloo, Ontario in an amount of $70,754.31. This was not brought to Council for Approval at the time of the award as it was felt that it fell within the requirements of the Purchasing Byelaw to obtain Council approval for purchases exceeding $75,000.00. However because the limit for an RFP at $50,000 differs from the tender limit of $75,000 there was confusion in the application of the process. This report is therefore being brought forward for information and for Council's confirmation of the award to Recreation Play Systems. A separate report #COD-008-07 is also being brought forward to Council recommending that Purchasing By-law 2006-127 be amended to correct this inconsistency. Attachments: Attachment 1 - Schedule "A", RFP 2006-13 Bid Summary 1205 CI!1l.ilJgron SCHEDULE "A" BID SUMMARY RFP2006-13 SUPPLY, DELIVERY AND INSTALLATION OF PLAYGROUND EQUIPMENT VARIOUS LOCATIONS Belair Recreational Paris, Ontario Recreation Play Systems Waterloo Ontario Little Tikes Paris, Ontario Henderson Recreation Simcoe, Ontario ,::;rO:fAl1:s . 0ti::i[)jN'~:. $70,727.35 $70,754.71 $128,592.71 $144,359.65 1206 ~1!Jlillgton REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 5, 2007 Resolution #: Report #: FND-005-07 File#: By-law #: Subject: COMRIF ASSISTANCE FOR MUNICIPAL ASSET MANAGEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-005-07 be received; 2. That Council authorize staff to enter, complete and submit the necessary paperwork for the Asset Management Program (AMP) as administered by the COMRIF Joint Secretariat; and 3. That Council authorize staff to enter into a Contribution Agreement with the Province of Ontario when required by the COMRIF Joint Secretariat, with the appropriate By-Law being executed by the Mayor and Clerk; and 4. That Council commits to provide its one-third funding contribution to the Asset Management Program consistent with the requirements of the overall COMRIF program at an estimated value of $13,675. 4 Submitted by: Nancy T lor, A, CA, Director of Finance. Reviewed bb~ ~ Franklin Wu, Chief Administrative Officer. NT/LG/nma 1301 REPORT NO.: FND-005-07 PAGE 2 BACKGROUND: The governments of Canada and Ontario and the Association of Municipalities of Ontario (AMO) have developed an Asset Management Program (AMP) component of the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF). The Local Services Boards and all municipalities in Ontario with a population of less than 250,000 are eligible for the Asset Management Program funding. The eligible municipalities may use the AMP funding to enhance knowledge of their existing infrastructure assets, evaluate life-cycle costs associated with the infrastructure they own and operate, assess the capacity of current infrastructure and identify future needs, plan and make infrastructure financing decisions, and train municipal staff in long term infrastructure management. The Asset Management Program is designed to address five principal stages and help Local Services Boards and eligible municipalities move further along the asset management continuum. The five principal stages are diagnostic, inspection, valuation, sustainability/planning, and financial model. The Asset Management Program is a claim-based program requiring the eligible municipalities to first incur eligible costs and then submit a claim statement and final report to the COMRIF Joint Secretariat for reimbursement before a deadline date of March 31, 2009. Eligible municipalities are required to provide one-third of the funding to match the senior government investment which is consistent the funding allocation of the overall COMRIF program. The AMP funding is calculated according to a formula that combines a minimum base amount plus per capita allocations, each representing 50 per cent of total available funding. Adjustments to the formula have been made to address the funding realities of single versus lower and upper tier municipalities. Notional AMP funding has been set aside for each COMRIF-eligible municipality to access. In order for eligible municipalities to access their notional AMP funding or to participate in the AMP program, an Expression of Interest (EOI) is required to be completed by the municipality and submitted by March 31,2007. Clarington's notional funding is $27,343 (maximum grant amount). The participating municipalities must relate their answers to the questions in the Expression of Interest to the five principal stages of asset management. Once the completed EOI are submitted to the COMRIF Joint Secretariat, eligible municipalities 1302 REPORT NO.: FND-005-07 PAGE 3 enter into a Contribution Agreement with the Province of Ontario consistent with the requirements of the overall COMRIF program. The approval process for the AMP is complete once the Contribution Agreement has been duly executed and signed by the Minister of Agriculture, Food and Rural Affairs and the authorized municipal staff. SUMMARY: That Council authorizes staff to enter, complete and submit the necessary paperwork for the Asset Management Program as administered by the COMRIF Joint Secretariat including the entering into a Contribution Agreement with the Province of Ontario with the appropriate authorized municipal Signing officers. Council commits to provide its one-third funding contribution to the Asset Management Program consistent with the requirements of the overall COMRIF program. Attachments: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 1303 Clw:il1gron REPORT " AQM1N:t.$J:iltAl"ION Meeting:. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 5, 2007 Resolution #: Report #: . ADM-002-Q7 File#: By-law #: Subject:. MAYOR'S COMPENSATION REVIEW - 2007 Recommendations: It is respectfully recommended that the General Purpo$l'l and AdministraUte: Com rn ittee recommend to Council the following: 1. THAT Report ADM I N-002-07 be received for information; 2. THAT Staff bring forward a comprehensive by-law to consolidate the current compensation applicable for the prevailing term of Council inclusive of the 1/3 tax free allo~ance 99mmitment as required under the Municipal Act, section 283 (7). (\1.0 j, Submitted by: \... ) f-----< 0 ...~ LLllc Franklin Wu Chief Administrative Officer Attachments: Attachment # 1: Summary of Area Mayor's Compensation 2007 Attachment # 2: Oshawa Compensation By-law # 39-2005 Attachment # 3: Pickering Compensation Report; Res # 73/05 Attachment # 4: Ajax Compensation By-law # 136-2004 MM/gj 1401 REPORT NO.: ADMIN-002-07 PAGE 2 BACKGROUND AND COMMENT 1.0 Direction to Review At the Council meeting of January 29,2007, a Notice of Motion was passed directing staff to review the Mayor's annual remuneration, with a view to not altering the compensation for Councillors. The Mayor's compensation is reviewed in two formats as summarized on attachment #1. The Clarington related compensation paid in 2006 (salary is adjusted to 12 month rates) has been compared to the proposed 2007 compensation. In addition, the compensation paid by area municipalities is provided as a reference to the market comparability of compensation. The . . comparison is presented for information only. 2.0ComDensation Inclusions The total annual compensation is inclusive of a number of elements which are identified on the attached summary for Council consideration. Not included in the analysis are budget allocations for communication items such as cell phones, laptops, etc, which are provided in different formats in each Municipality. The Clarington by-laws governing the elements of compensation are covered by a number of separate by-laws. The annual salary for the years 2005, 2006 and 2007 is set out in by-law # 2004-263, which is an amending by-law to #2003-179 setting the future adjustments to remuneration and travel allowances in accordance with settlements approved for CUPE employees. By-law # 2004- 033 amends by-law #2003-179 and provides for Councillor's salary to be 40% of the prevailing salary for the Mayor. Travel allowance flat rates are provided for under by-law #2005-155. The guideline for the application of travel reimbursement is set out in by-law #94-54. This by-law is essentially the policy outlining when and where mileage is applied, and the essential elements of the by-law are still in force. It also puts in place monthly flat travel allowance, ($200 for the Mayor) which was subsequently amended by resolution in November 1998 to $ 400 for the Mayor, and then subsequently amending by-laws brought the allowance to the current rate of $1 ,293/month for the Mayor. The Municipal Act Section 283 (5) permits 1/3 of the remuneration paid to the elected members of a council to be deemed tax fee for expenses incident to the discharge of their duties. Section (7) requires that council shall review a by-law under the sub-section (5) dealing with the 1/3 tax free allowance, at a public meeting at least once during the four year term after a regular election. By-law #2003-179 references commitment to the 1/3 tax free such that if the opportunity is eliminated by any level of government, the prevailing salary is to be adjusted to compensate for the loss of the tax free portion. While this clause speaks to the intent to continue with the tax free portion of salary, the Municipal Act requires 1402 REPORT NO.: ADMIN-002-07 PAGE 3 express commitment for the current term of Council. This could be accomplished in an updated by-law. There are additional compensation elements such as the OMERS equivalent pension contribution which is set out in by-law 2002-17, and report ADM-03-02 as well as the decision not to provide for any tuition assistance or association memberships for Council as outlined in report ADM 16-2000. These items could also be consolidated in a comprehensive by-law. 3.0Area Municipal Comparison The Area Municipality salary comparison and analysis in this report does not include reference to the 2006 conferences and other expenses for each municipality as the numbers have not been finalized, however they will be included in the Director of Finance's annual reports in the near future. Some elements of the compensation are not directly comparable, for example in Oshawa the provision of a car and the taxable allowance identified does not translate to a comparable value in terms of total identified. The comparable 2007 conference and/or mileage expenses for the present Mayor will of course not be finalized until the end of 2007. A copy of Oshawa, Pickering, and Ajax, bylaws are attached to the report for information and reference as the language is comprehensive and they may be of assistance in further explaining some information referenced on the summary attachment. Whitby is in the process of updating their 1988 by-law. 4.0Annual Report on Remuneration/Expenses of Council The Director of Finance/Treasurer is required under the Municipal Act, to prepare a public report on the remuneration and expenses paid to Council Members for the prior year period. The annual report is normally prepared and reported sometime in March of each year and it will confirm the local remuneration and expenses for Mayor and Council. 5.0Conclusion The information contained herein is for information purposes, however it is recommended that a comprehensive by-law be brought forward to bring all the existing elements of compensation under one all encompassing by-law. If there are no changes to the prevailing by-laws identified above, the remuneration and travel allowance for the Mayor will continue to be adjusted by the CUPE settlement percent applied to staff wages. Council will only be required to confirm the commitment to the 1/3 tax free allowance at some time during the current four year term, as required under the Municipal Act. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1403 .. c o E ~ u . '" '" . ... . . ~.( ~ ~ X . " ~ o " ~ o o ~ ~~ ,- "'~ 'l . . 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"g'B ~3 ~E o. ~er--: ]1(i)o edJRl lIJO:."C ~~Jj 0."" e ~ ~ -0>- ~ ~ ~ 'E u . cO::::I o -g ~ W $ - ~:=:::2: Q;I ~ ~ 500.. ..!!! ~ ]1,~ E '1ij'- J:J"'O 8 ~~ ~-8 0 <J .0 ~ g> ~ g ~ ~:~ g ';j; ~ lfl B ra ~ ';~%!:g~ ~o~~o ~ ~ .2"~'; "_'~ 1n"O'~ CIl ~ ~ c_ J!! 6~ 8.~ 5 $() ~ ~ ~ ~o c m<( Eg,.Q::Ib o (ll g>"~ Rl o~ O::...J _ 0 I/) ~ (0,2 r-- 2~$~2 0:> 0 III 0 ZU Z a. z 1404 A IT ACHMENT #2 Osb,gwa By-Law 39-2005 of The Corporation of the City of Oshawa being a by-law for the determining, fixing and paying remuneration, salary, allowanoes, and a retirement allowanoe package to the Mayor and members of Council and to repeal By-law 55- 99 of The Corporation of the City of Oshawa. IT IS ENACTED as a by-law of The Corporation of the City of Oshawa, by its Council, as follows: 1.00 Remuneration of the Mayor 1.01 Subject to Sections 1.02 and 3.03 there shall be paid to the Mayor of The Corporation of the City of Oshawa, as Head of Council, the maximum sum of $70,980 per annum, effective from December 1, 2004. 1.02 The Mayor incumbent at the time of passage of this By-law shall continue to receive remuneration at the level provided for in By-law No. 55-99, as amended, unless and until the incumbent exercises the option to receive a greater amount, up to the maximum established by Section 1.01. The option must be exercised within thirty (30) days of the date of passage of this By-law, by written notioe to the City Clerk, stipulating the new remuneration rate and the date of its effect, which date shall not be ea~ier than Deoember 1, 2004. 1.03 The option addressed in Section 1.02 may be exercised outside of the thirty (30) day time period referenoed with the approval of City Council. 1.04 All future Mayors shall have the right to designate their remuneration levels by written notioe to the City Clerk, within thirty (30) days of taking offioe, subject to the maximum prescribed by Section 1.01. For ciarification, the incumbent Mayor Is considered a "future Mayor" for purposes of this Section, upon success In the following municipal election. 2.00 Remuneration of City Councillors, Excepting the Mayor 2.01 Subject to Sections 2.02, 2.03, 2.04, 2.06 and 3.03, there may be paid to each member of Council of The Corporation of the City of Oshawa, exoept the Mayor, the maximum sum of $29,225 per annum, effecti-ve from December 1, 2004. 2.02 Subject to Sections 2.03, 2.04, 2.06 and 3.03, and in addition to the remuneration provided in Section 2.01, each member of the Council of The Corporation of the City of Oshawa who is elected by two wards as a Local Councillor shall be entitled to be paid an additional amount of up to fifty per cent (50%) of the sum provided in Section 2.01, per annum, effective from December 1, 2004. 1405 2.03 Subject to Section 3.03, in addition to any remuneration otherwise payable under this By-law, the maximum sum of $3,250 per annum may be paid to the Deputy Mayor and to the Chair of each Standing Committee and Special Committee of Council, effective from their date of appointment. 2.04 Subject to section 3.03, In addition to any remuneration otherwise payable under this By-law, the maximum sum of $1,625 per annum may be paid to the Vice-Chair of each Standing Cof11mittee and Special Committee of Council, effective from their date of appointment. 2.05 For the purposes of this By-Ia..... only, the Oshawa Transit Commission is considered to be a Special Committee of Council. 2.06 The Councillors incumbent at the time of passage of this By-law shall each continue to receive remuneration at the level provided for in By-law No. 55-99, as amended, unless and until the incumbent exercises the option to receive a greater amount, up to the maximum established by Section 2.01 and, where applicable, Section 2.02. The option must be exercised within thirty (30) days of the date of passage of this By-law, by written notice to the City Clerk, stipulating the new remuneration rate and the date of its effect, which date shall not be earlier than December 1, 2004. 2.07 Subject to Section 3.03, the Deputy Mayor, Chairs and Vice-Chalrs of Standing and Special Committees of Council incumbent at the time of passage of this By-law shall continue to receive remuneration at the levels previously elected by them under By-law No. 55-99, as amended. 2.08 All future Councillors shall have the right to designate their remuneration levels by written notice to the City Clerk, within thirty (30) days of taking office, subject to the maximum prescribed by Section 2.01 and, where applicable, Section 2.02. For clarification, each incumbent Councillor is considered a "future Councillor" for purposes of this Section, if he or she is successful in the following municipal eiection. 2.09 All future Deputy Mayors, Chairs and Vice-Chairs of Standing and Special Committees of Council shali have tha right to designate their remuneration levels associated with such appointments by written notice to the City Clerk, within thirty (30) days of their appointment as such, up to the amounts prescribed by Sections 2.03 and 2.04, as applicable. 2.10 The options addressed in Sections 2.06, 2.08 and 2.09 may be exercised outside of the thirty (30) day time period referenced with the approval of City Council. 3.00 General Payment Provisions for Remuneration Set out In Articles 1.00 and 2.00 3.01 Councillors and the Mayor hold office for a term of three (3) years, from December 1" in the year of election to November 30" three years later. Remuneration to Councillors, Committee Chairs, Vice-Chairs, the Deputy Mayor and the Mayor pursuant to this By- law shall be paid bi-weekly during this term. In the event that a Councillor, Committee Chair, Vice-Chair, the Deputy Mayor or the Mayor ceases to hold elected office or 1406 ceases to be appointed as Chair or Vioe-Chair of a Committee of Council, or as the Deputy Mayor, as the case may be, at some point during the term, his or her remuneration shall be reduced by an amount proportionate to the period In the year during which the member did not hold offioe and the said amount shall be deducted from the salary payable to such member. 3.02 No remuneration shall be paid to Councillors or to the Mayor for participation on outside agencies on behalf of City Council. 3.03 The maximum remuneration rates specified in Sections 1.01, 2.01, 2.02, 2.03 and 2.04 of this By-law shall be adjusted annually to reflect an increase which is identical to any increase provided to City staff through the City's collective agreements with Canadian Union of Public Employees Locals 250 and 251 and, where the two increases differ, the adjustment for the purposes of this By-law shall be an average of the two increases. Notwithstanding the foragoing, where such adjustment is Insufficient to maintain salaries for the Mayor or Councillors at least at the 50"' percentile of compensation provided for the mayors and members of council of the comparator municipalities, as established in the Oshawa City Council - 2005 Compensation Review dated Manch, 2005, an additional upward adjustment shall be applied to maintain the Mayor and/or Councillors, as the case may be, at the SO"' percentile. 3.04 For purposes of calculation of Increases pursuant to Section 3.03, the period from the date of passage of this By-law to November 30, 2005, shall be excluded from the annual adjustment provided for in Section 3.03. Subsequent adjustments shall reflect an actual tenm running from Deoember 181 to November 30"'. Each Deoember 1st, the increase shall be calculated as the increase rate applicable pursuant to Section 3.03, which was provided within the collective agreement for that same calendar year, and applied to the twelve month period commencing that December 181, and ending November 30"' in the following year. 4.00 Mileage Expenses for Councillors, Excluding the Mayor 4.01 Each Councillor, exoept the Mayor, shall have the option of designating whether he or she will receive reimbursement for car mileage expenses at the rate and in the manner designated by City Council for staff, or whether he or she will receive a flat rate car allowance to a maximum amount of one hundred ($100.00) dollars per week. 4.02 Designations pursuant to Section 4.01 for incumbent Councillors must be made in writing to the City Clerk within thirty (30) days of the date of passage of this By-law. DeSignations pursuant to Section 4.01 for future Councillors must be made in writing to the City Clerk within thirty (30) days of taking offioe. 4.03 Where a Councillor has elected pursuant to Section 4.01 to receive a car allowance rather than reimbursement for car mileage, that sum shall be added to the remuneration payable pursuant to Section 2.01, and paid in accordance with Section 3.01. 1407 4.04 Where a Councillor has elected pursuant to Section 4.01 to receive a car allowance rather than reimbursement for car mileage, the annual adjustment set out in Section 3.03 of this. By-law does not apply to that payment. Increases In the amount of that payment, n any, are subject to City Council approval. 5.00 Retirement Allowance Package 5.01 Each Mayor and Councillor Incumbent at the time of passage of this By-law must elect whether or not he or she wishes to be eligible for the retirement allowance package in accordance with this Article within thirty (30) days after the date of the passage of this By-law. by written notice to the City Clerk. That election shall stand for that member of Council for this term and all future terms thaI he or she Is elected to. 5.02 Each future Mayor and Councillor who was not incumbent at the time of passage of this By-law must elect whelher or not he or she wishes to be eligible for the retirement allowance package in accordance with this Article within thirty (30) days after the date of his or her taking office, by written notice to the City Clerk. That election shall stand for that member of Council for the term of the election and all future terms that he or she is elected to. 5.03 Where a Mayor or Councillor has elected under Section 5.01 or 5.02 to be eligible for the retirement allowance package, and that person leaves office for any reason set out in Section 5.04, after having served as a Mayor or Councillor for more than the immediately preceding three years, he or she shall receive a payment calculated In accordance with Section 5.05. 5.04 Payments pursuant to Section 5.03 may be made to any Mayor or Councillor leaving office due to: (a) Death; (b) Permanent disability; (c) VoluntarY cessation of office; (d) Non-success in a municipal election; or (e) Discontinuance or elimination of the position by Provincial action. 5.05 The payment pursuant to Section 5.03 shall be based on the remuneration level that the Mayor or Councillor in question is receiving at the time of his or her leaving office, including remuneration in respect of an appointment as Chair and/or Vice-Chair of a Standing or Special Committee of Council and/or as Deputy Mayor. The payment shall be calculated as one month's salary per year of continuous service on Council to a maximum of eighteen (18) months' salary. 5.06 The election pursuant to Sections 5.01 and 5.02 may be made outside the prescribed lime periods with the approval of City Council. 1408 5.07 Where a Mayor or Councillor leaves office for any reason set out In Section 5.04 on or after March 30, 2005, after having served as a Mayor or Councillor for not less than fifteen (15) years, consecutively or cumulatively, the City of Oshawa shall provide Extended Health (drugs, vision-care and semi-private hospital) and Dental Coverage, subject to payment by the Mayor or Councillor, as the case may be, of five per cent (5%) of the dental premium, provided that such coverage shall cease on the last cay of the month in which the Councillor tums sixty-fIVe (65) years of age. 5.08 Where a Mayor or Councillor has elected under Section 5.01 or 5.02 to be eligible for thll retirement allowance package, the City will provide to each such member of Council, including the Mayor, e~her of the following: a) for any member who is enrolled in OMERS, the employe(s contributions shall be paid in respect of all compensation payable under this By-law; or b) for any member who is not enrolled in OMERS, in lieu of a pension plan, an amount equal to 6% of all compensation paid to a member, including the Mayor, under this By-law, or such higher amount as is equal to the empioye(s contributions referred to In sub-paragraph a). 5.09 Each Mayor and Councillor I~cumbent at the time of passage of this By-law shall, provided he or she has elected under Section 5.01 to be eligible for the retirement allowance package, be entitled to the payment referred to in Section 5.08(b) for each year of service on City Council occurring prior to 2005, calculated on the remuneration actually paid In each year under this, or any predecessor by-law providing for remuneration to the Ma)'Or or Councillors. 6.00 Miscellaneous 6.01 This By-law shall take effect on the date of ~s passage. 6.02 By-law 55-99, as amended, is repealed. By-law read a first, second and third time and finally passed this thirtieth day of March, 2005. Ma)'Or City Clerk 1409 Council Remuneration , , City of Oshawa From: Sandra Krane [SKranc@oshawa.ca] Tuesday, January 30, 2007 1 :50 PM Sent: To: Subject: Council Remuneration I understand that Jeannie Wiltshire from this office has already sent you the by-law. The current salaries ane as follows: Mayor - $16,035 Regional Councillor - $31.307 City Councillor - $46,960.50 Deputy Mayor - additional stipend of $3,482 Committee Chair - atJditional stipend of $3,482 Committee Vice-Chair - additional stipend of $1,741 Sandra Krane City Clerk City of Oshawa . . \, , -- "';':!,'30/2007 \\: 2i.~t;. 1410 ATTACHMENT #3 RES #73/05 May 2, 2005 [Report CS 30-05] SALARY, EXPENSES AND COMMUNICATIONS RESPECTING MEMBERS OF COUNCIL SALARY: 1. The remuneration payable to the Mayor shall be: a) '$63,654 per annum effective January 1, 2005 b) Commencing on January 1, 2006 and on every January 1st thereafter, the annual salary of the Mayor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1st of the immediate preceding year. 2. The remuneration payable to a Councillor shall be: a) $26,523.00 per annum effective January 1, 2005 b) Commencing on January 1, 2006 and on every January 1st thereafter, the annual salary of a Councillor shall be increased at the same rate/percentage provided to those employees covered by the Collective Agreement for CUPE Local 129 on April 1 st of the immediate preceding year. c) A Councillor shall be paid a per diem rate of 1.0% of their annual salary for a total of ten days for attending a full day meeting, workshop, seminar or convention. Per diem payments payable to Councillors shall be paid monthly. Per diem payments shall cease on the last day that the Councillors remains in office and shall be pro-rated accordingly. 3. Remuneration payable to Members of Council shall be based on an annual rate and paid bi-weekly. Remuneration to Members of Council shall cease on the last day that the Member remains on the Council of the City of Pickering. 1411 2 ALLOWANCES: 4. Reimbursement shall be provided to Members of Council for the cost of meals to discuss matters of'City business or attending functions that are connected to the business of the City as may be provided in the annual budget. a) With respect to meals. reimbursement shall be provided only for reasonable food and liquor expenses. b) With respect to meals, no reimbursement shall be provided unless the original restaurant bill or transaction slip is submitted, and the number of persons attending the meal and the general purpose of the meal is noted. 5. A travel allowance as determined in the annual Current Budget shall be provided to each Councillor. a) The travel allowance shall be paid on a monthly basis. b) The travel allowance shall be deemed to proVide for all travel and travel-related expenses within the GTA and shall include but not be limited to fuel, parking, highway tolls, taxi fares, public transportation fares and valet services. c) This travel allowance excludes travel expenses related to conventions outside the GTA as set out in Section 6. d) Travel outside the GTA shall be paid at the per kilometer rate of reimbursement approved in the Current Budget or economy class retum air fare between Toronto and the destination, whichever is .the lesser. 6. An allocation of $3,000 per Councillor shall be provided in each annual budget to provide for conventions. a) For the purposes of Section 6, the word .convention. shall include seminars and workshops as provided in the annual budget and excludes conventions paid by other City-related agencies such as the Region, Veridian, etc. b) Convention expenses shall include actual accommodation and registration costs and, if applicable, travel and meals. 1412 3 c) Travel necessary for conventions outside the GTA shall be paid at the per kilometer rate of reimbursement approved in the Current Budget or economy class retum air fare between Toronto and the destination, whichever is the lesser. Other travel related expenses such as parking, vehicle rentals, taxi fares, public transportation fares and highway tolls incurred for conventions outside the GTA shall also be reimbursed upon presentation of receipts. d) In lieu of receipts, an allowance of a maximum of $60.00 per day may be paid for ancillary expenses such as meals, taxi fares, parking and telephone charges where such expenses are not otherwise claimed or paid. This allowance shall be prorated for conventions that are less than one day. This per diem payment is intended to cover out-of-pocket expenses for City business only. e) No allowance shall be provided to a new Councillor in an election year. Workshops or orientation seminars for new Councillors are excepted. 7. a) An allocation of $4.800 per annum is provided for each Councillor to provide services beyond those services provided by the Council- support staff at the Civic Complex. b) The support staff assigned to the Councillor's Office are available to assist a Member of Council with the preparation of their newsletter, neighboumood letter, cooperative letter, website or other form of communication, however, no other City staff shall be involved in such preparation and any specialty work that is required shall be charged to the budget prescribed for communication media or the Allowance for Outside Secretarial Services. c) Payment shall be made directly by the City to the service provider (individual or company) upon submission of an original invoice. An invoice from individuals for extemal services would contain. in addition to the name and address, additional details of services provided such as itemizing hours by day and description of work provided. All invoices would require sign off by the Councillor to indicate the services were received prior to authorization and before payment can be processed. 1413 4 BENEFITS: 8. a) An ,Extended Health Plan as is provided to the non-union employees shall be available to all Members of Council and their families, which includes a prescription and dental plan, vision care plan and semi-private hospital coverage. b) For Members who have completed fifteen years of continuous service and cease to be a Member for the reasons set out in Section 13(a)(i to v), the Corporation shall pay 100% of the premium cost of the Extended Health, Dental and Vision Care Benefit Plans until the Member attains age 70. c) The Corporation shall continue to pay 100% of the premium costs of the Extended Health, Dental and Vision Care Benefit Plans in respect of a Member's surviving spouse and dependents for up to twelve (12) calendar months following a Members death while in service. 9. A Term Life Insurance Policy shall be paid by the City on behalf of Members of Council in the following amounts: a) b) Mayor - Councillor - $200,000 $100,000 10. Accidental death and dismemberment insurance coverage shall be paid by the City on behalf of Members of Council. 11. Subject to any existing insurance agreements or policies, the City shall indemnify Members of Council in the course of their Council duties with respect to liability arising out of acts or omissions done or made by them as follows: a) Pay to the parties entitled thereto, any damages and costs awarded against any Member of Council. b) Either pay directly or reimburse to the Member of Council any reasonable expenses incurred by them. c) Assume the cost of defending every Member of Council. d) Pay any sum required in connection with a reasonable settlement. 1414 5 e) Limited liability for claims such as malicious prosecution, conflict of interest, slander, defamation of character, invasion of privacy, errors and omissions and legal expenses for claims of breach of Provincial statutes. 12. a) A Member may contribute to a Registered Retirement Savings Plan (RRSP), either own or spousal, under Federal legislation to which the Corporation shall match to a maximum of 11% of the Member's earned salary. b) i) Written evidence of a contribution by a Member towards an RRSP as set out in Section 12(a) shall be made to the Treasurer no later than December 31 st in any given year and the City's contribution shall be made no later than January 31 st of the next calendar year. ii) A Member of Council must give evidence to the Treasurer that a contribution includes both the Member's portion of the RRSP and the City's portion. The Member shall then be reimbursed for the City's portion. c) The word .salary" shall mean the annual base salary, prorated for a Member not holding office for an entire calendar year, of the Mayor and Councillors and it excludes all taxable benefits. The contribution to an RRSP is a taxable benefit regardless of whether it is paid to the Member of Council or the financial institution. d) The City shall make its contribution only in the month of January of the next calendar year regardless of when the Member of Council made a contribution, except when a Member of Council ceases to hold office during the year. 13. a) A Member of Council, with service of more than three consecutive years, may, upon written application to the Clerk by the Member, or by a representative appointed in writing by the Member, receive severance remuneration upon ceasing to be a Member by reason of: i) election defeat; ii) resignation; iii) leaving office; 1415 6 Iv) election to another govemment body; or \I) dying while in office if the Member is 65 years of age or over and not eligible to receive benefits under the City's group life insurance program; b) No Member shall be entitled to receive severance remuneration who ceases to be a Member by reason of, or by resignation which, is a result of or given in anticipation of: i) removal from office by judicial process; or Ii) notwithstanding Section 13(aXiv) above, disqualification under or operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario. c) Severance remuneration shall be equal to one month of salary for a Member, times the number of years of consecutive, uninterrupted full service of the Member, to a maximum amount payable of 24 months remuneration. Severance remuneration shall be calculated from the day the Member took office to the last day that the Member ceases to hold office. d) A written application for severance remuneration must be received by the Clerk within six calendar months of a Member ceasing to be a Member, otherwise any entitlement to severance remuneration shall be forfeited. Upon approval of the application, payment arrangement shall be agreed to that does not extend beyond three years. 1416 7 COMMUNICATIONS: Appllcabilitv 14. Except where noted, Sections 15 to 20 do not apply to Mayor of the City of Pickering. Sections that do directly apply to the Mayor are identified by , the notation *M&C. Definitions 15. a. .Cooperative Letter" shall mean a letter or other printed document that contains information of interest to residents in more than one ward and which shall be mailed or distributed beyond a ward boundary and may involve the participation of a community group. b. "Newsletter" shall mean a document that is not greater in size than tabloid sized paper (11"x17") and printed oil both sides and shall contain information of interest to the constituents of a Member of Council. A newsletter shall not be mailed or otherwise distributed beyond the boundaries of the constituency of a Member of Council except where postal walks cross beyond the boundaries of their ward. In instances where Member's of Council are assigned or appointed to additional duties which may require some cross-ward boundary communication, exceptions may apply as determined by the City Clerk. These cross-ward mailings to fulfill additional duties shall not exceed 500 homes into a ward not represented by a Member of Council and shall not occur after January 1st in the year of a general municipal election. c. "Neighbourhood Letter" shall mean a document that is prepared on letterhead and/or signed by a Member of Council and sent to a defined neighbourhood or community of interest within the constituency of a Member of Council. d. "Website. shall mean a site on the World Wide Web that shall contain information of interest to the constituents of a Member of Council. The website may be hosted on any server external to the City. *M&C e. "Telecommunications Equipmenf shall include all equipment capable of transmitting over land lines and/or wireless modes such as land line telephones, cell phones, PDA's (Personal Digital Assistant), pagers, facsimile equipment or any hybrid of these items. 1417 8 ComDuter Hardware/Software and Telecommunications EauiDment 16. a) A capital budget of $10,000 per term, per Member of Council, shall be in effect for the acquisition of computer hardware/software and telecommunications equipment. Expenditures of this allocation shall only be made in the first two years of office following a general election. Any acquisitions made follOwing an election or appointment and prior to the approval of the following year's budget, shall be charged to this allocation. b) No computer hardware/software or telecommunications equipment shall be purchased or leased for Members of Council after January 1st in the year of a general municipal election unless it is lost or stolen, or no longer operates and cannot be repaired to its initial operating specifications.. *M&C c) Following a general municipal election, by-election or appointment, the new Member(s) of Council shall be contacted by staff to determine their needs. Members of Council may choose to be supplied with equipment recommended by City staff or they may choose to be supplied with equipment of their choice. IT staff must be consulted to verify compatibility and to clarify IT support opportunities before purchase. At the point of delivery of the equipment, Members of Council shall be required to sign the Home Equipment Agreement which shall set out the equipment that has been supplied to the Member and the conditions under which it has been supplied. *M&C d) Equipment that is lost, stolen or no longer operates and cannot be repaired to its initial operating specifications shall be replaced by the City and shall not be charged to the $10,000 allocation set out in Paragraph (a) above. *M&C e) Every Member of Council who does not continue to hold municipal office shall ensure that all computer hardware/software, telecommunications equipment and any other equipment purchased or leased on their behalf by the City is retumed to the City by November 30th follOWing a general municipal election or within 21 days of ceasing to hold office. In the event the above noted items are not returned by the said date, the matter shall be referred to the Chief Administrative Officer (CAO) to pursue recovery. *M&C 1418 9 Telecommunication Charaes 17. a) Long distance, airtime and other charges that are incurred for City purposes by Members of Council in the use of their telecommunications equipment shall be reimbursed. Charges for the use of an Internet Service Provider by a Member of Council shall also be reimbursed. b) In order to recognize the large rural area in Pickering that is outside the area served by high speed Intemet access, individual requests for the additional reasonable cost of Internet access exceeding standard urban connection costs shall be provided. *M&C Communications Media 18. a) It is recognized that there are many various methods for Members of Council to communicate with their constituents, including newsletters, neighbourhood letters, cooperative letters and websites. *M&C b) The City shall cover the cost of preparing, printing and mailing newsletters, neighbourhood letters and cooperative letters as well as the cost of creating and maintaining a website. A budget per Councillor of $7,500 for the first calendar year, $7,500 for the second calendar year and $6,000 for the final calendar year of a term will be provided for these items. If the budget is under spent in any given year, there shall be no carry-forward of dollars to sUbsequentbudgem. c) A link to the Member of Council's City-funded website may only be provided from the City of Pickering web site under the Member of Council's profile link. *M&C d) Subject to Section 7, Councillors may hire external services as needed over and above what is currently provided in accordance with the City's policies and practices. e) The following conditions shall apply to the preparation of newsletters, neighbourhood letters, cooperative letters, websites and other forms of communication: i) On or after September 1 in the year of a general municipal election, no mailing or distribution of a newsletter, neighbourhood letter or cooperative letter shall occur where the costs shall be borne by the City. *M&C 1419 10 ii) On September 1 in the year of a general municipal election, the link from the City's website to any Councillor's City- funded or personal website shall be severed until after the election. If these conditions have not been met by September 2 of that year, the City shall take steps under the authority of the CAO to sever the Councillor's website. The link shall be reactivated the day following the election and funding of the Councillor's website shall commence on December 1 following the election. In the event that' a Councillor is acclaimed, the said website may be reactivated on the day following the last day to withdraw a Ndmination. *M&C iii) A newsletter, neighbourhood letter, cooperative letter, City- funded website or other communications media shall not contain information that would promote any candidate in an election. *M&C Iv) A newsletter, neighbourhood letter, cooperative letter, City website or other communications media shall not contain advertising that would promote a product or service of a company, organization or individual. *M&C v) A Member of Council shall not be reimbursed for communications expenses incurred through a media that has general circulation in the City of Pickering, such as a newspaper, radio or television station. 19. Individual Members of Council shall not use City funds to make individual grants or donations to organizations or persons. *M&C General 20. a) This Policy shall be reviewed every three years prior to the budget meetings that follow the general municipal election to review the appropriateness of the budgets and Policy in the context of current technology. *M&C b) When a vacancy occurs and is subsequently filled, compensation, benefits and allowances shall be pro-rated to the term of office. *M&C ------------------- This Schedule of Council's Salary, Benefits, Allowances and Communications Policy was approved by Resolution #73/05 passed on May 2, 2005. 1420 , ----Original Message--- , From: Parent, Jennifer [mailto:jparent@c:ity pirkprinll on r~J Sent: Wednesday, February 21, 2007 1:05 PM To: Subject: RE: Council Salary Benefits Allowances Communication Policy Here are the sala~ies effective 2007 (received 3.5% increase) Mayor - $68,188 - ($22,729.34 is a non-taxable benefit) Council- $28,412 - ($9470.68 is non taxable benefit) (they also received a 3.5% increase Jan 1, 2006) , Jennifer Parent Manager, Human Resources Services Human Resources Division City of Pickering 905.420.46QO ex!. 2160 Toll Free 1.866.683.2760 Fax 905.420.4638 ioarent11i>citv .oickerina.on.ca cityofpickering.com City of Pickering 1421 ~~~0..!2.3~FAX 905 686 8352 .J' ~ - . ._--"~~--=--,._.'-"-~_._- " TOWN OF AJAX BR SERVICES 1aI002 THE CORPOR4. nON OF THE TOWN OF AJAX BY-LAW NUMBER 136 -2004 . ATTACHMENT A By~h'W to provide for the liIMual rcmuneralicn for the Ma)'or and Members of Council oflhe To"'n of Aj"", WHEREAS thcMunicipal Act, 1001,0$ amended, allows fo(the paymenl of remuneration and e"pens", 10 members ofcouncil ind local bouds. including the option to provide. that one;rhird oftnc:: taxable remuneration and.e.xpenses be deemed a.s expe.nses incident Eo the dis.c.barcc orthcirdu.llcs for income tax purpose.!; AND 'WHEREAS AJax Town Council approved a resolulion al ila meeting May 13, 2002, providinr' "That one-third of the remuneration paid ro eleeted members of tho Town oi Aja~ Council and il. Local Boards ,half continue as oxpcnses incident to the discharge of their dutiea .. munbera of Councilor Local Board" NOW THEREFORE thc Council o{the Corporation ofth. Town of Ajax enaces as [ollowa: 1. Ail aMual allowance shall be paid to each member o{the Council of the Town of Ajax, effective the dot. indicated, as follows: Mayor Rcgionlll CQuncillors Ward Councillo.. Jon uarv 1. 200,S, S52,468 per annUm S20,986 per aMum S20,986 per OMum Jonuarv 1.2007 555,663 pcr annum 522,264 p..- OMum 522,264 per aMum JaDuarv I. 2006 554,042 per annum Sll.616 peronnum 521,616 peroonum 2. In add[tion to the sums identifled in Section 1, each member of Council shall bC:'PfOvidcd a t'ivcl8lJowancel effec.livc the dale indicilted, as follows: J..uarv 1. 200S Mayor 5541.00 pcr month Regional Councillors 5216,00 ptr month Ward Councillors 5216.00 per mont" J...orv ~ $557.00 per month $222.00 per month $222,00 per monrh .r anu arv J...l!lQ1 5574.00 per month 5229.00 per month S229,OO per month 3. The Mayor and members or CouQcit shall' be: paid trom lime to time for Ci)(p~n.ses incuTTe.d. in the n0m181 per'fonnanc.e of their duties in accordance with Co LIncH apprcved poHei". 4, One-third Qftheremllneration paid to members arche Council and its Local BOllrd.s is dc~mt:d as expenses incident to the discharge of their-duCin as mcmbc:u of the. Ct,luncil or Low BOiLrcL 5. The Mayor arad members of Council shall be. provided with an amount equal to 12.5% Oflbc .rCtt1unuotiotl proYlded above 10 be spcnl on a Flexible Bene.fllS PlJn. 6. rrhc Mayor and members of Council .haLt be allowed the option Qfjoining a yoluntll(y, Go.shared Rcgislcre.d Retirement Savings Plan (RRSP). ' 7. The Mayor ll1ld members of Co~ncil ,hall be allowed thc option ofreceiviog a ,eYcranCe paJ'l'nent uf10n IEavine office of one month salary per year of conltnuow servict. lO a. maximum payment of 12 month~. g, By.law 115-2001 is hereby repealed. I 9. This By-law shall corne into fore. and take effect on Januocy I. 2005. READ . first and second time this Eighth day o[November. 2004. READ a third rimc and finally pa.sed this Eight" day o{November, 2004. Mayor 69 1422 CI.rk /' Presentation to Clarimrton GP&A Meeting, March 5. 2007 I WISH TO TAKE BUT A FEW MINUTES OF YOUR TIME TO DISCUSS WITH YOU MY THOUGHTS ABOUT HOW WE, THE CITIZENS OF DURHAM REGION, ELECT THE CHAIR OF OUR REGIONAL COUNCIL. RECENTLY, THE REGION ITSELF VOTED TO ENDORSE BILL 172, WHICH SUPPORTS DIRECT ELECTION FOR THIS VERY POWERFUL POSITION, AS OPPOSED TO THE STATUS QUO, WHERE 28 COUNCILLORS ALONE HAVE THAT POWER. I FEEL IT IS UNFORTUNATE INDEED THAT CLARINGTON COUNCIL DID NOT VOTE IN FAVOUR OF THIS BILL AND THUS WENT ON RECORD AS NOT BEING WILLING TO OFFER THE PEOPLE OF CLARINGTON A FREE ELECTORAL CHOICE. YOU WERE ELECTED TO SERVE AND REPRESENT US - HOW CAN YOU PRETEND TO DO SO IF YOU DON'T SEEK THE PUBLIC'S VIEWS ON IMPORTANT MATTERS? HOW CAN YOU SUGGEST THAT THE PUBLIC SHOULD ELECT YOU BY GENERAL BALLOT AND THA T THAT IS OK, YET ELECTING THE CHAIR AT THE GREATER REGIONAL LEVEL IS NOT ACCEPTABLE, AND NOT SOMETIllNG WE ARE CAPABLE OF DOING, AND THAT ONLY A FEW PEOPLE WITHIN THE REGION HAVE THE WISDOM TO PERFORM THA T TASK? THIS IS AN INSULT TO THE PEOPLE OF CLARINGTON IN MY OPINION. OUR PREVIOUS COUNCIL DEMONSTRATED ARROGANCE TOWARDS THE PUBLIC THEY WERE ELECTED TO SERVE WHEN THEY WENT ON RECORD WITH SENIOR LEVELS OF GOVERNMENT STATING THAT CLARINGTON WAS A 'WILLING HOST NUCLEAR MUNICIPALITY' SOME YEARS AGO. WE WERE NEVER ASKED; WE WERE NEVER CONSULTED. FROM TIME TO TIME, THERE ARE MATTERS THAT DESERVE CLOSER PUBLIC SCRUTINY AND PUBLIC INPUT AND THE PUBLIC SHOULD BE INFORMED - WE SHOULD BE MADE AN INTEGRAL PART OF MAJOR POLICY DECISIONS AND WE SHOULD BE CONSULTED ON INITIATIVES THAT WILL IMP ACT ON OUR COLLECTIVE FUTURES. JUST LAST FRIDA Y, AT A PUBLIC MEETING IN THIS CHAMBER, COUNCILLOR FOSTER SUGGESTED THAT DELIBERA nONS ABOUT MUNICIPAL FUNDING FOR OUR HOSPITAL WAS ONE OF THOSE IMPORTANT MATTERS WHERE THE PUBLIC SHOULD BE CONSULTED, YET IT IS THIS SAME COUNCILLOR WHO HAS LED THE CHARGE TO DENY OUR RIGHT TO BE CONSULTED ABOUT ELECTING THE CHAIR. TIllS IS MOST CONFUSING. BY NOT PLACING THE QUESTION ABOUT HOW WE CHOOSE TO ELECT THE CHAIR OF DURHAM REGION ON THE RECENT MUNICIPAL BALLOT, I FEEL THE PREVIOUS COUNCIL THUMBED THEIR NOSE AT THE PUBLIC THEY SERVED. THAT THE CURRENT COUNCIL CONTINUES TO SHOW CONTEMPT FOR THE PUBLIC IS VERY DISAPPPOINTING AND TROUBLESOME. ,NOT ONLY DID OUR MAYOR REVERSE HIS CAMP AIGM STANCE ON A MAJOR GOVERNANCE ISSUE, BUT NOW COUNCIL HAS WRITTEN TO THE PROVINCE OF ONTARIO TO INFORM THEM IN VERY CERTAIN TERMS THAT CLARlNGTON IS OPPOSED TO OPEN DIRECT ELECTION OF THE CHAIR. THE FACT IS, YOU DON'T KNOW IF THAT IS TRUE OR NOT BECAUSE YOU HAVE NOT ASKED THE PEOPLE OF CLARINGTON WHAT THEY THINK. WE WERE DEPRIVED, BY THE ACTIONS OF THE PREVIOUS COUNCIL OF LETTING OUR MUNICIPAL LEADERS KNOW HOW WE FEEL ABOUT THIS IMPORTANT MATTER. THE PROBLEM WAS THEN COMPOUNDED BY YOU WHEN YOU WENT AHEAD WITH ,YOUR VOTE AT REGIONAL COUNCIL AND WITH YOUR LETTER TO THE PROVINCE. I WOULD BE REMISS AS WELL NOT TO ACKNOWLEDGE THAT COUNCILLORS HOOPER AND WOO DID NOT SUPPORT COUNCILS' ACTIONS IN THE FINAL VOTE. I HAVE SPOKEN TO MOST OF YOU ABOUT THIS MATTER AND I AM A WARE OF YOUR STATED 'REASONS' FOR ACTING AS YOU DID. WHETHER I AM IN FULL AGREEMENT WITH ALL OF YOUR DELIBERATIONS OR NOT IS NOT THE ISSUE; THE IMPORTANT THING IS THAT DISCUSSIONS ON ISSUES OF THIS MAGNITUDE SHOULD TAKE PLACE IN A PUBLIC FORUM, NOT ON A STREET CORNER OR THROUGH E-MAILS. WITH ALL DUE RESPECT, I WOULD URGE YOU NOW TO CONDUCT FULL AND OPEN PUBLIC DISCUSSION TO SEEK THE LEGITIMATE OPINIONS OF THE PEOPLE YOU SERVE. WE DESERVE TO BE HEARD. IT IS ONLY AFTER YOU HEAR FROM ALL INTERESTED PARTIES THAT YOU, OUR ELECTED COUNCIL CAN TRUL Y REPRESENT US ON THIS ISSUE, AND ACT ACCORDINGLY. Jim Richards March 5,2006. Delegation to Clarington GP A Re: Request for Public Meetin!! to Determine Clarin!!ton Position re Selection of RC2ional Chair Good Morning Mr. Mayor, Committee Members, Ladies & Gentlemen: I come before you today not to debate the merits of direct election of the Regional Chair, but to ask you to think about your commitment to effectively and fairly representing the people of Clarington. I respectfully request that you hold an advertised public meeting to solicit public input on all aspects of how the Regional Chair is selected, and to really listen to the views of the public on this major governance issue. Only then, after considering the facts around the issue and the public's views should you develop a Clarington Council position. The issue of how the Regional Chair is selected has come up every term over the last decade. It was an issue for some well before the current chair lost his bid for the mayoralty of Ajax and got appointed as Regional Chair shortly thereafter, because it was an issue around political representation. As with so many issues, the public is way ahead of the politicians on this matter. This is not just an Ajax issue. A blog was devoted solely to soliciting the views of all municipal election candidates in the last election because there was huge interest across the Region. Clarington councillors have been all over the map on the matter of how we elect the chair, sometimes changing their views within a particular term. It's one thing to change ones position ifnew facts are brought forward. In Clarington Council's case, you haven't solicited public input on this matter and individual councillors have developed their particular positions in isolation from the facts, and public input. On both January 15th and February 12th, Council chose to receive related correspondence "for information". Anyone who understands politics knows this is the political equivalent of the computer recycle bin - it's the big black hole where issues Councils don't want to deal with go - to be deleted or restored at some future time if required. On February 14th Clarington Regional Councillors all voted against endorsing Bill 172 at Regional Council, with Mayor Abernethy reversing his campaign position on the matter. I find it outrageous that Mayor Abernethy changed his position without any consultation, and without offering a rational explanation ofthe facts he considered before his reversal. Then, on February 19th, some Clarington Councillors saw fit to express their "vehement" opposition to direct election without consulting the public ~ on this major governance issue prior to sending off their February 20th letter to the Province. Thankfully Councillors Woo and Hooper had their wits about them and voted against sending the Linda Gasser 1 letter, with Councillor Woo rightly acknowledging that Council hadn't solicited public input. There is a huge disconnect between what politicians want - i.e. what they think is in their political interest - versus the facts around this issue. When given the opportunity, the public across Durham has overwhelmingly supported direct election, as they do for municipal elections, for reasons ranging from the desire to hold the regional chair accountable, input into setting Regional priorities, and representation by population. Though Ajax, Pickering and Oshawa did, Clarington Council refused to include the question about direct election on the recent ballot. The three returning Clarington council members chose to deny the public this very cost effective way to solicit public opinion at a time when people are considering their political options and a whole range of political issues as they make their choice. Being an optimist I expected better of the current Council and definitely did not expect the Mayor to reverse himself on such a major issue, so early in the term for no valid reason and without giving the public a chance to have their say. I actually expected leadership and fairness. Some who recently corresponded with Councillors Foster and the Mayor have been kind enough to share their responses. From what I have seen, neither the Mayor nor Councillor Foster provided fact-based explanations, but rather have trotted out the same tired, feeble excuses as those politicians who support the status quo primarily for private reasons. Councillor Foster wrote that for a variety of reasons he doesn't support direct election of the chair, but he didn't provide those reasons. Mayor Abernethy appears not to have engaged in clear thinking on this matter so as to distinguish political rhetoric from fact. Furthermore, the mayor should revisit his math - the total number of Clarington and northern municipal reps would total 9 of28 council members, so even voting as a block ... I'm not at all sure what point he is trying to make, nor why that might be a good thing. The underlying assumption seems to be that urban people don't understand rural issues, Iakeshore municipalities don't get northern issues, which of course is patently silly. I would also ask that Council reconsider labeling Clarington as a "rural" municipality. Though we have a large rural area, we are also a Iakeshore municipality with most of our population and taxpayers located in our urban areas. To consider, understand and reconcile what may be divergent views and priorities is a major challenge for any Clarington politician, as it would be for any Regional politician who then must take a broader perspective beyond parochial municipal politics. For the Mayor to say that until the Municipal Elections Act has to change before he could support direct election is disingenuous. The Mayor just proved even a complete political rookie could win an election without taking developer campaign contributions. Some developer-funded incumbents lost the last election so obviously that is not always a key factor. Other successful Mayoral candidates won their seats spending but a fraction of the amount likely spent by Mayor Abernethy, so raising the specter of expensive regional Linda Gasser 2 campaigns is conjecture at best. It is more likely evidence that politicians are mostly focused on how this might affect their own, or their colleagues' political options. Time today does not permit a full discussion of direct election but I ask you to consider a few key points. We live in a system where representation by population is the norm. While not perfect, it is used to elect politicians at every level of government, including this one. Our Mayor is not appointed by elected Councillors. Why should it be acceptable that the Regional Chair is appointed by 28 local politicians? The current system of selecting the Chair is skewed to favour current or recent council members, or those close to regional councillors. Candidates for Chair must be nominated by a current member of council so the earliest anyone could seek nomination would be after the election and before the first Regional Council meeting. Regional Councillors could decline to nominate even the most qualified candidates. Why would, or should, the public has confidence in a system that is largely dependent on horse-trading skills? How can long term regional priorities be determined in a system that primarily focuses on individual municipalities trying to advance their own interests, or where politicians often focus on what's in their short-term political interest? A directly elected chair could bring forward the public's views for discussion but would still have to balance publicly identified priorities with those of Regional Councillors. There is no forum during municipal elections where regional issues that transcend municipal boundaries could be identified and where candidates' views could be assessed. Few candidates raise regional issues and many local candidates may be unwilling to debate complex issues that have no easy answers. Local municipal candidates generally focus on local issues. As we have seen, even when positions on regional issues are identified during a local campaign, once elected, politicians often reverse themselves. The right thing, and the smart thing, would be for Clarington Council to hold an advertised public meeting at which all interested Clarington residents and stakeholders could make their views known to you. You could also direct the CAO's Office to research the particulars around the current system of selecting the Chair, and the experience of Regions such as Halton and Waterloo around direct election and bring forward this information to that public discussion. Only after considering the facts and hearing the public's views should a final Clarington Council position on this matter be determined. We elect you to make decisions on our behalfbut not in isolation of the facts and our views. Please support holding an advertised public meeting after the March Break and before the summer recess. Thank you for your attention. Linda Gasser Linda Gasser 3