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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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;
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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
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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.
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General Purpose and Administration Committee
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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Future
Borne Depot
Site
6 inclusive
OR-24257
ransferred
reserve)
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Parking
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Reserves to be Transferred to
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File: SPA 2005-022
665
G:\ArcMap\SpaKeys\SPA 2005-022 UptownAveClaringtonBlvd.mxd
Attachment 2
to Report PSD-032-07
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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
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KEY MAP
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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
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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
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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
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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.
/_..---...,
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j
PLB*LC
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LRv-LLL-~ .
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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
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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.
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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,
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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
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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.
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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,
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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,
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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
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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,
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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,
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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
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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
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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.
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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
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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,
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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
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SCHEDULE "8"
LICENCE FEES
ADULT ENTERTAINMENT PARLOUR OWNER
$3000.00
$1000.00
ADULT ENTERTAINMENT PARLOUR OPERATOR
ADULT ENTERTAINMENT PARLOUR ATTENDANT
$250.00
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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
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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 - ($9470.68 is non taxable benefit)
(they also received a 3.5% increase Jan 1, 2006)
, Jennifer Parent
Manager, Human Resources Services
Human Resources Division
City of Pickering
905.420.46QO ex!. 2160
Toll Free 1.866.683.2760
Fax 905.420.4638
ioarent11i>citv .oickerina.on.ca
cityofpickering.com
City of Pickering
1421
~~~0..!2.3~FAX 905 686 8352
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TOWN OF AJAX BR SERVICES
1aI002
THE CORPOR4. nON OF THE TOWN OF AJAX
BY-LAW NUMBER 136 -2004 .
ATTACHMENT
A By~h'W to provide for the liIMual rcmuneralicn for the Ma)'or and
Members of Council oflhe To"'n of Aj"",
WHEREAS thcMunicipal Act, 1001,0$ 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
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CI.rk
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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
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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
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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
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