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HomeMy WebLinkAbout06/08/2007 W-rN' fl€if 71 Energizing Ontario GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: June 8, 2007 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of May 22, 2007 301 4. (a) PRESENTATIONS There are no presentations (b) DELEGATIONS (i) Jim Souch - Report COD-022-07 Kendal Community Centre (ii) Teri McKenzie, Energy from Waste 5. PUBLIC MEETINGS (a) Application for Draft of Condominium Approval 501 Applicant: 1709599 Ontario Inc. Report: PSD-072-07 6. PLANNING SERVICES DEPARTMENT (a) PSD-072-07 Draft Plan of Condominium Application 601 Applicant: 1709599 Ontario Inc. (b) PSD-073-07 Monitoring of the Decisions of the Committee of 611 Adjustment for the Meeting of May 24, 2007 (c) PSD-074-07 Application for Removal of Holding Symbol 619 Applicants: Claret Investments Limited and 1361189 Ontario Limited 18T-92014 — Hancock Neighbourhood CORPORATION OF THE MUNICIPALITY OF CLARINGTON . 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - June 8 2007 (d) PSD-075-07 Application for Removal of Holding Symbol 625 Applicant : 289143 Ontario Limited —Westvale 18T-95023 (Phase 2) (e) PSD-076-07 Application for Removal of Part Lot Control 631 Applicant : Darlington Springs Ltd (The Kaitlin Group) Aspen Springs West— Phase III (f) PSD-077-07 Bill 51 — Planning and Conservation Land Statute Law 637 Amendment Act, 2006 (g) PSD-078-07 Financial Impact Analysis of New Development Areas 649 7. ENGINEERING SERVICES DEPARTMENT No Reports 8. OPERATIONS DEPARTMENT (a) OPD-007-07 Clarington Pitch-In Canada 801 Clarington Clean and Green (b) OPD-008-07 Cemetery Tariff of Rates 808 9. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-009-07 Emergency and Fire Services Governing By-Law 901 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-023-07 Appointment of Municipal Law Enforcement Officers 1101 (Summer) (b) CLD-024-07 Quarterly Parking Report 1105 12. CORPORATE SERVICES DEPARTMENT (a) COD-022-07 Kendal Community Centre 1201 (b) COD-023-07 Co-Operative Tender C-526-06, The Supply and Delivery 1207 of Culverts (c) COD-024-07 Co-Operative Tender 1210 W2007-14, Co-Op Armoured Car Services G.P. & A. Agenda - 3 - June 8 2007 (d) COD-025-07 First Impressions Community Exchange Program 1213 13. FINANCE DEPARTMENT (a) FND-010-07 Confidential Legal Matter (b) FND-011-07 Cash Activity — First Quarter of 2007 1301 14. CHIEF ADMINISTRATIVE OFFICE No Reports 15. UNFINISHED BUSINESS (a) Addendum to COD-002-07 1501 16. OTHER BUSINESS 17. ADJOURNMENT VV���/1�'Y WWI.fW4 NaGly Na W � General Purpose and Administration Committee Minutes May 22, 2007 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 22, 2007 at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Facilities Manager, G. Acorn Director, Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance Department, N. Taylor Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Clerk II, E. Atkinson Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-348-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT the General Purpose and Administration Committee minutes of the regular meeting held on May 7, 2007, be approved. CARRIED 301 Minutes General Purpose and Administration Committee Minutes May 22, 2007 PRESENTATION There were no presentations. DELEGATIONS Resolution #GPA-349-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Agenda be altered to remove Victor Suppan from the list of Delegations as the matter to which he will be speaking is a Public Meeting item. CARRIED Resolution #GPA-350-07 Moved by Councillor Woo, seconded by Councillor Foster THAT the Agenda be altered to add Wendy Bracken, Ron Hosein, Jim Richards, Linda Gasser, Catherine McKeever, Katie Clark, Karen Nichol, Barry Bracken, Joachim Baur, Dave Renaud, Tenzin Gyaltsan, Debra Jefferson, Shirley Crago, Kevin Diamond, Kathi Bracken and/or Wayne Ellis, Lee McCue and/or John Streeter, to the list of delegations to speak to Report PSD-070-07, Durham / York Energy from Waste Study and to add Glen Murphy, Sernas and Associates, IntraCorp Developments to the list of delegations to speak to Report PSD-066-07; and THAT the order of the Agenda be altered to permit Dave Renaud to speak first. CARRIED Dave Renaud, CAW Environment Rep addressed the Committee regarding Report PSD-070-07, Durham/York Residual Waste Study. Mr. Renaud advised that the CAW held an open house concerning this matter and it was concluded that the majority of people in attendance feel they have been misinformed as they were not aware that there are alternatives to incineration. He further stated that based on comments from the panel experts in attendance at the CAW Open House incineration generates by- products which may lead to various health concerns. As well, this technology does not support the concept that citizens and manufacturers should be responsible for their own waste. Mr. Renauld recommends that as a society we should be looking for ways to industrialize and to engineered options for dealing with our waste. Kerry Meydam, addressed the Committee regarding Report PSD-070-07, Durham/York Residual Waste Study. Ms. Meydam concurs with the staff report in that there are numerous deficiencies in the site selection process. As well, she believes there to be substantial deficiencies in the consultant report on alternative waste treatment methods and that alternative solutions were not adequately investigated. Incineration is a poor investment and is not energy efficient. Ms. Meydam expressed concerns with toxic emissions which would be detrimental to our health and she stated that in other . 2 . 302 Minutes General Purpose and Administration Committee Minutes May 22, 2007 countries where this technology has been implemented, those countries have imposed restrictions on the use of toxic materials in the production process. Ms. Meydam recommends that the zero waste program implemented in the Town of Markham be investigated. Wendy Bracken, a resident of Newcastle, spoke in opposition to incineration as a solution.! She has attended meetings concerning the Durham/York Residual Waste Study, including the CAW Open House and she reported that the more she learns about this issue, the more concerned she becomes. Ms. Bracken stated that the Region has provided incomplete information and she believes, therefore, that Council is making decisions without knowing all of the facts. She recommends that Council issue a publication to all residents informing them of the key facts regarding incineration including: thermal treatment produces a multitude of toxic emissions, annual testing of emissions would be an ineffective measure, thermal treatment does not eliminate landfill, the proposed incinerator is built for steady operation 24/7 and therefore Clarington would be the new dump, and that a zero waste strategy is the only viable solution for many municipalities around the world. Ms. Bracken requested Council to say no to incineration, and to say yes to zero waste. Ron Hosein, addressed the Committee regarding Report PSD-070-07, Durham/York Residual Waste Study. As a resident of Newcastle, Mr. Hosein requested Council to identify Clarington as an unwilling host for waste incineration. He believes that residents are unaware that Clarington would be taking garbage from other municipalities. Mr. Hosein stated that the greenhouse gasses are greater from this proposed technology than from a coal fired power station. He stated that incineration should not be an interim solution and that Council should conduct an independent review to gather the necessary facts. With Michigan closing we are faced with an opportunity to align ourselves for a sustainable future. Jim Richards, addressed the Committee regarding Report PSD-070-07, Durham/York Residual Waste Study. Mr. Richards believes that the Region has executed a series of bad decisions and requested that Council not continue down this path. Council needs to get more information and verify the facts; they deserve and should demand better. Given the projected revenues, he believes it is easy to see why the "monster" is being pushed ahead. Mr. Richards accused Members of Council as "flip-flopping" on this matter and stated that members of the public want to know where each Member of Council stands on the issue. He asked Council if they want this incinerator to be this Council's legacy, and questioned why the zero waste program of Markham is not being considered. Linda Gasser, thanked Council for advertising this meeting and stated that Report PSD- 070-07 includes some excellent recommendations. Ms. Gasser encourages Council to make informed decisions, not be distracted by arbitrary time lines imposed by proponents, undertake independent studies to ensure Clarington's interests are protected and that expenses incurred for these studies be borne entirely by the proponents. Ms. Gasser is concerned that the Durham Region's preferred alternative - 3 - 303 Minutes General Purpose and Administration Committee Minutes May 22, 2007 was not a result of rigorous assessment of all reasonable options and therefore concludes that site selection was premature. Given that five of six sites are in Durham Region, Ms. Gasser questioned the partnership arrangement. If the gap analysis were fairly conducted, she believes that would help to instil public confidence in the process. In support of her comments, Ms. Gasser submitted a list of her recommended amendments to the staff recommendations contained in Report PSD-070-07 for Council's consideration. Catherine McKeever, spoke in support of the DurhamNork Residual Waste Study. Ms. McKeever stated she has been involved in this process for the past three years and believes Report PSD-070-07 promotes fear mongering and negativity and takes exception to the suggestion of clandestine activities. In response to delegation comments suggesting a lack of information from the proponent and the Region, Ms. McKeever confirmed that she has received several notices and communications. She suggest that the thermal treatment technology should be looked at as part of the energy park and we should be concerning ourselves with our garbage now and looks forward to the day when all of our dumps are mined and turned to ash. Ms. McKeever is proud to participate in this solution and encourages Council to support energy from waste. Katie Clark, is a Newcastle resident and advised the Committee that she is strongly opposed to incineration as a solution due to health risks from toxin release, environmental risks due to greenhouse emissions leading global warming and the economic risks. Ms Clark believes that waste diversion is a better solution and encouraged Council to have the courage to say "no". Karen Nichol, addressed the Committee regarding Report PSD-070-07, DurhamNork Residual Waste Study. Ms. Nichol lives in Newcastle and stated she is against incinerators here in Clarington or anywhere. She believes it to be a band aid solution that will emit toxins. Further, she believes that we should be appealing to manufacturers and to government to set policies ensuring products are good for people and the environment. We should be working towards zero waste. Barry Bracken, addressed the Committee regarding Report PSD-070-07, DurhamNork Residual Waste Study. Mr. Bracken is a Port Perry resident who is urging Council to say no to incineration. He has attended a series of meetings and has a number of concerns regarding emissions and yet the consultants have not provided any answers. He further stated that there has not been anyone at any of the Clarington meetings supporting this project. He attended the CAW Open House and believes the three representatives on the "con" side are experts and suggests it is them to whom Regional Council should be listening. Regional representatives are not the experts. Mr. Bracken encourages Council to support the alternative of zero waste as has been implemented in Markham and in Nova Scotia. He does not support spending more money on consultants who are connected to the incineration industry. -4 - 304 Minutes General Purpose and Administration Committee Minutes May 22, 2007 Joachim Baur, spoke in opposition to DurhamNork Residual Waste Study. Mr. Baur quoted from the Clarington Visitor's Guide and suggested that a large scale waste incinerator does not fit in with the vision of the community. Mr. Baur has personal experience with a garbage incinerator and the noise and emissions from such technology. He believes that the public is not being informed. He stated that air problems already exist and the fly ash from the proposed facility would compromise our health, dur livestock, our food and our future. Mr. Baur concurs with prior delegations that incineration will increase greenhouse emissions and recommends that a zero waste by 2020 plan be implemented. Mr. Baur encouraged Council to say no to incineration. Tenzin Gyaltsan, Newcastle BIA, addressed the Committee regarding Report PSD-070-07, Durham/York Residual Waste Study. Mr. Gyaltsan expressed concerns on behalf of the business in Newcastle as well as the residents. He believes the public does not have enough information about this technology to make an informed decision. Thermal treatment will not address the problem and therefore we should be supporting reducing, reusing and recycling. Debra Jefferson, is a local family physician and resident. Dr. Jefferson addressed the Committee regarding Report PSD-070-07, DurhamNork Residual Waste Study because it is important to her and believes this to be a fight worth fighting. She encouraged the Committee to let the Region know that Clarington is not a willing host, that we can be an earth-friendly community and move well beyond the blue box. Dr. Jefferson reported that the biggest single source of dioxins and furans is from incineration of medical waste and these toxins are taken up in our food sources and stored in the body forever. Dr. Jefferson referred to several medical studies that suggest health hazards related to incineration and thus questions how the Region has allowed this technology to be considered. The proponents need to prove otherwise. Dr. Jefferson recommended that a serious commitment be made to educate the public on other alternatives such as zero waste and increasing composting, and not to be afraid to be heard at the Region. Shirley Crago, lives very near to three of the proposed sites identified in the DurhamNork Residual Waste Study. Ms. Crago expressed concerns with the technology and suggested that the incineration technology causes breathing problems. She stated that the area roads and infrastructure are insufficient to accommodate the anticipated volume of traffic. Ms. Crago questioned why Toronto turned down a similar offer. She further stated that advertising of this project has been inadequate, the meetings are not accomplishing anything, and suggested that given his experience, the comments of Jim Richards should be heard. Kevin Diamond was called but was not present. - 5 - 305 -r Minutes General Purpose and Administration Committee Minutes May 22, 2007 Resolution #GPA-351-07 Moved by Councillor Trim, seconded by Councillor Woo THAT the order of the Agenda be altered to allow Kathi Bracken to be heard at the end ,of the delegation list. CARRIED Lee McCue is a resident of Wilmot Creek and only recently heard about the DurhamNork Residual Waste Study but has managed to attend a couple of meetings regarding the issue. He expressed comments and concerns on behalf of himself and his neighbours. Mr. McCue questioned where all the "others'" garbage would come from to feed the "monster". Residents of Wilmot Creek are in the line of fire for smell, ash etc. and he recommends that our community needs to do a better job of reducing, reusing and recycling. Mr. McCue submitted a petition from the Wilmot Creek residents and asked that the Regional Councillors take the petition to the Region. He encourages Council to set and achieve recycling targets like other municipalities such as Markham. In response to Councillor Woo's enquiry, Mr. McCue agreed that the Wilmot Creek residents would appreciate the opportunity to host an information meeting on this matter. Kathi Bracken, an Oshawa resident, addressed the Committee regarding Report PSD-070-07, DurhamNork Residual Waste Study. Ms. Bracken encouraged the Committee to envision the future of our Community and suggested that working towards zero waste could result in garbage receptacles being as scarce as blue boxes were twenty years ago. She expressed her concerns with potential health risks related to the proposed technology. Glen Murphy, Sernas & Assoc, IntraCorp Developments was called but was not present. Resolution #GPA-352-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Committee recess for 10 minutes. CARRIED The meeting resumed at 9:22 p.m. Councillor Novak chaired this portion of this meeting. - 6 - 306 Minutes General Purpose and Administration Committee Minutes May 22, 2007 PUBLIC MEETING (a) Subject: Application for Approval of Draft Plan of Subdivision & Amendment to Zoning By-Law 84-63 Applicant: Black Creek Developments Inc. Report: PSD-057-07 I. Bob Russell, Senior Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-057-07. Kerry Meydam addressed the Committee regarding Report PSD-057-07. She expressed concerns with the impact of the proposed development on the provincially significant wetlands (PSW). The Ministry of Natural Resources designated lands to the north of George Reynolds as PSW but did not study the lands on the south side. Ms. Meydam requested that the lands on the south side of George Reynolds be studied. Glenn Genge of DG Biddle & Associates appeared on behalf of the applicant and spoke to issues raised in the staff report. Mr. Genge advised that the lots on Skinner Court are 12m wide, only a 3m difference from the others, which is large enough to accommodate a fairly large house. He also advised that the lots on the north side of George Reynolds are the subject of an EA Study which is almost complete. The PSW will be defined in the study report. (b) Subject: Proposed Official Plan Amendment Applicant: Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers Report: PSD-058-07 (c) Subject: Application to Amend the Clarington Official Plan and Zoning By-Law and for Proposed Draft Plan of Subdivision Applicant: Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers Report: PSD-059-07 (d) Subject: Application to Amend the Clarington Official Plan and Zoning By-Law and for Proposed Draft Plan of Subdivision Applicant: Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers Report: PSD-060-07 As all three of these applications and reports are related, the Committee agreed to conduct a combined public meeting. Cindy Strike, Senior Planner, Planning Services Department provided a verbal report supported by a PowerPoint presentation pertaining to Report PSD-059-07. . 7 . 307 Minutes General Purpose and Administration Committee Minutes May 22, 2007 Grant Martin spoke on behalf of the residents of Rebecca Court in opposition of Report PSD-059-07. Mr. Martin advised that the residents are not opposed to the development but have concerns and request that Council ensure that the key principles of sustainable development, healthy communities and growth management remain a priority. Mr. Martin referred to relevant sections from the Clarington Official Plan and requested that the lots adjacent to Rebecca Court be a minimum of 18m front and back, that existing fencing be upgraded to prevent people from using a "shortcut"to Liberty Street, that houses backing onto Rebecca Court be all brick and not more than two storeys high, and that these houses be no closer than 500m from existing properties on Rebecca Court. Mr. Martin also stated the residents are concerned that the increased density will impact their water pressure and local traffic volume. He requested feedback on how this development will meet the job retention and balanced growth objectives. Ardyth Korte is a resident of Pamela Court and stated that the residents on her court have the same concerns as expressed by Mr. Martin. Additionally, Ms. Korte questioned how security will be maintained in the park area as the park appears to have an intended use by not only area residents. She stated that traffic volumes are already an issue in the Liberty St. and Durham Road 57 and should therefore be well planned for with this proposed development. Kurt Graichen is an area resident and stated that he has concerns with the proposed development including the increase in traffic congestion and the negative impact on area wells. Additionally, Mr. Graichen requested that all necessary CLOCA approvals be in place. Reverend Gordon Belyea advised that he does not object to the development but expressed concerns with the increase in traffic volume. He stated that existing traffic volume generates safety concerns with area residents and therefore wants to ensure that traffic matters are addressed sooner rather than later. Cindy Craig-Murdoch spoke in opposition to the applications. Ms. Craig-Murdoch is an area resident and is concerned with the loss of excellent farmland and trees. She questioned where the farmland would be replaced. Ms. Craig-Murdoch concurred with the comments stated earlier regarding traffic volume issues. Hielke Holkema sought and received clarification regarding cultural heritage. Glenn Genge of DG Biddle & Associates appeared on behalf of the owner of Abe's Auto Recycling. Mr. Genge stated that his client is currently seeking approval to re-locate his business and until such time as he is permitted to do so, his client will oppose the proposed development. No one spoke in support of these applications. - 8 - 308 Minutes General Purpose and Administration Committee Minutes May 22, 2007 Kevin Tunney, Tunney Planning Inc. appeared on behalf of the applicants, Northglen Development Group. Mr. Tunney advised that his clients will review any expressed concerns and will work with staff to address them. He also stated he was available to answer any questions. PLANNING SERVICES DEPARTMENT REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 48 RESIDENTIAL UNITS APPLICANT: BLACK CREEK DEVELOPMENTS LTD. Resolution #GPA-353-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-057-07 be received; THAT the proposed Draft Plan of Subdivision and Zoning By-law Amendment, submitted by Black Creek Developments Ltd. to permit the development of 48 residential units be referred back for further processing and the preparation of a subsequent report; and THAT the applicant, Region of Durham, all interested parties listed in Report PSD-057-07 and any delegations be advised of Council's decision. CARRIED PROPOSED OFFICIAL PLAN AMENDMENT APPLICANTS: BAYSONG DEVELOPMENTS INC., 2084165 ONTARIO LIMITED, KEMP, CARRUTHERS Resolution #GPA-354-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-058-07 be received; THAT the application to amend the Clarington Official Plan COPA 2007-0004, submitted by Baysong Developments Inc., 2084165 Ontario Limited, Kemp and Carruthers be referred back to staff for further processing upon receipt of all outstanding supporting documentation, outstanding comments from various agencies and the completion of the Neighbourhood Design Plan Process; and THAT all interested parties listed in Report PSD-058-07 and any delegations be advised of Council's decision. CARRIED -9 - 309 Minutes General Purpose and Administration Committee Minutes May 22, 2007 ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 1342 RESIDENTIAL UNITS APPLICANTS: BAYSONG DEVLOPMENTS INC., 2084165 ONTARIO LTD., KIRK KEMP AND DOUGLAS KEMP Resolution #GPA-355-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-059-07 be received; THAT the application for Draft Plan of Subdivision S-C-2007-0004 and application for rezoning, ZBA 2007-0015 submitted by Baysong Developments Inc., 2084165 Ontario Limited, Kirk Kemp and Douglas Kemp be referred back to staff for further processing; THAT the applicants be required to pay their proportionate share of the Financial Impact Analysis to assess the impact of this proposal on the Municipality; and THAT all interested parties listed in Report PSD-059-07 and any delegations be advised of Council's decision. CARRIED ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 386 RESIDENTIAL UNITS APPLICANTS: KIRK KEMP, DOUGLAS KEMP, HELEN KEMP, ROBERT CARRUTHERS AND PATSY CARRUTHERS Resolution #GPA-356-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-060-07 be received; THAT the application for Draft Plan of Subdivision S-C-2007-0005 and application for rezoning, ZBA 2007-0016 submitted by Kirk Kemp, Douglas Kemp, Helen Kemp, Robert Carruthers and Patsy Carruthers be referred back to staff for further processing; THAT the applicants be required to pay their proportionate share of the Financial Impact Analysis to assess the impact of this proposal on the Municipality; and THAT all interested parties listed in Report PSD-060-07 and any delegations be advised of Council's decision. CARRIED - 10 - 310 minutes General Purpose and Administration Committee Minutes May 22, 2007 MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR. THE MEETING OF MAY 3, 2007 Resolution #GPA-357-07 Moved by Councillor Robinson, seconded by Councillor Woo i. THAT Report PSD-061-07 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on May 3, 2007 for Applications A2007-0012 through A2007-0017 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT A CHANGE IN USE FROM A SINGLE-DETACHED DWELLING TO A PROFESSIONAL OFFICE APPLICANT: SUSAN WOODLEY Resolution #GPA-358-07 Moved by Councillor Trim, seconded by Councillor Woo THAT Report PSD-062-07 be received; THAT the application to amend the Clarington Official Plan submitted by Susan Woodley be approved and that a by-law be passed by Council to adopt Official Plan Amendment 56 to the Clarington Official Plan as contained in Attachment No. 2 of Report PSD-062-07; THAT the application to amend the Municipality of Clarington's Zoning By-Law 84-63, as amended, submitted by Susan Woodley be approved and that a by-law be passed by Council to adopt the Zoning By-Law Amendment as contained in Attachment No. 3 of Report PSD-062-07; THAT a copy of Report PSD-062-07 and Council's decision be forwarded to the.Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and THAT all interested parties listed in Report PSD-062-07 and any delegations be advised of Council's decision. CARRIED - 11 - 311 Minutes General Purpose and Administration Committee Minutes May 22, 2007 APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: PORT OF NEWCASTLE HOMES Resolution #GPA-359-07 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-063-07 be received; THAT the request for Removal of Part Lot Control with respect to Lots 12, 13, 16, 17 on Plan 40M-2220 and Lots 3 to 19 inclusive on Plan 40M-2226, be approved and that the Part Lot Control By-law, attached to Report PSD-063-07, be passed pursuant to Section 50(7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-063-07 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: EIRAM DEVELOPMENT CORPORATION 18T-89041 (PHASE 6) Resolution #GPA-360-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-064-07 be received; THAT the application submitted by Eiram Development Corporation to remove the Holding (H) symbol for Lots 1 to 59 as shown on the draft 40M-Plan for Phase six (6) of Draft Approved Plan of Subdivision 18T-89041 be approved; THAT the By-law, attached to Report PSD-064-07, to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and THAT all interested parties listed in Report PSD-064-07, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED - 12 - 312 Minutes General Purpose and Administration Committee Minutes May 22, 2007 APPLICATION FOR REMOVAL OF HOLDING APPLICANT: HALMINEN URBAN COMMUNITIES INC. Resolution #GPA-361-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-065-07 be received; THAT the application submitted by Halminen Urban Communities Inc. to remove the Holding (H) symbol be approved; THAT the By-law contained in Attachment 2 to Report PSD-065-07 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-065-07, any delegations, the Regional Municipality of Durham Planning Department, and the Municipal Property Assessment Corporation (MPAC) be advised of Council's decision. CARRIED REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 187 DETACHED DWELLINGS APPLICANT: INTRACORP DEVELOPMENTS LTD. Resolution #GPA-362-07 Moved by Councillor Foster, seconded by Councillor Woo THAT Report PSD-066-07 be received; THAT the amendment to Draft Approved Plan of Subdivision 18T-87087, submitted by Intracorp Developments Ltd. be approved subject to the conditions contained in Attachment 4 to Report PSD-066-07; THAT the application for Zoning By-law Amendment (ZBA 2007-0017) be approved, as contained in Attachment 5 to Report PSD-066-07; THAT the by-law, as per Attachment 6 to Report PSD-066-07, authorizing the entering into of an Amending Subdivision Agreement between the Owner of Draft Plan of Subdivision 18T-87087 and the Municipality of Clarington be approved and forwarded to Council for approval; THAT a copy of Report PSD-066-07 and Council's decision be forwarded to the Region of Durham Planning Department and the Municipal Property Assessment Corporation (MPAC); and - 13 - 313 Minutes General Purpose and Administration Committee Minutes May 22, 2007 THAT all interested parties listed in Report PSD-066-07 and any delegations be advised of Council's decision. CARRIED REZ01411IG TO PERMIT FARM-RELATED EQUIPMENT SALES AND SERVICE USE ON AMEXISTING RURAL RESIDENTIAL LOT APPLICANT: GARY AND DONNA ARNOTT Resolution #GPA-363-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-067-07 be received; THAT the application for Zoning By-law Amendment submitted by Gary and Donna Arnott be approved and that the Zoning By-law Amendment, attached to Report PSD-067-07, be adopted by Council; THAT a copy of Report PSD-067-07 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-067-07, any delegations, the Regional Municipality of Durham and the Municipal Property Assessment Corporation be advised of Council's decision. CARRIED 2006 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION AND CONDOMINIUM APPROVAL Resolution #GPA-364-07 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report PSD-068-07 be received; and THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-068-07 and Council's decision. CARRIED - 14 - 314 Minutes General Purpose and Administration Committee Minutes May 22, 2007 2006 GROWTH TRENDS REVIEW Resolution #GPA-365-07 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-069-07 be received for information. CARRIED MUNICIPAL PEER REVIEW AND OTHER STUDIES OF THE DURHAMIYORK ENERGY FROM WASTE ENVIRONMENTAL ASSESSMENT STUDY Resolution #GPA-366-07 Moved by Mayor Abernethy, seconded by Councillor Trim THAT Report PSD-070-07 be referred back to staff for further study, detail and clarification regarding which studies and consulting fees will be reimbursed by the Regions. LOST (See following motion) Resolution #GPA-367-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PSD-070-07 be received; THAT Staff be instructed to carry out the requirements of Resolution #C-211-07 by preparing the studies in accordance with the scope of work set out Report PSD-070-07; THAT Mr. Steven Rowe be retained to undertake the scope of work as outlined in Section 4.2 (Site Selection) and Section 4.4 (Gap Analysis) of Report PSD-070-07, and further to advise on the scope of work set out in Section 5.1 (Oversight of Technology Procurement Process) and 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT SENES Consultants Limited be retained to undertake the scope of work as outlined in Section 5.1 (Oversight of Technology Procurement Process) of Report PSD-070-07, and further to assist with the scope of work set out in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT AMEC E&C Services Ltd. be retained to undertake the scope of work as outlined in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; - 15 - 315 Minutes General Purpose and Administration Committee Minutes May 22, 2007 THAT C.B. Richard Ellis Ltd. be retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work set out in Section 6.3 (Community Stigma); THAT th2 Director of Finance be authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (Community Stigma) and Section 6.4 (Host Community Agreement) of Report PSD-070-07; I THAT the Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) provide information, professional opinion, estimates and advice as deemed appropriate; THAT the Directors of Finance and Planning Services be instructed to strike a committee comprised of Clarington staff and consultants similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement; THAT the Directors of Finance and Planning Services be instructed to take any additional actions or retain any additional consultants deemed necessary to ensure the Municipality has carried out its due diligence; THAT the Region be requested to work in cooperation with Clarington Staff to improve the public engagement process as noted in Section 4.3 and the Air Shed Study process as noted in Section 5.2; THAT the Purchasing By-Law 2006-127 be waived; THAT the Director of Planning Services and the Director of Finance be authorized to negotiate and approve contracts with the consultants deemed necessary to complete the due diligence for the Municipality as identified in Report PSD-070-07; THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants and execute the contracts deemed satisfactory by the Director of Planning Services and the Director of Finance; THAT the peer reviews and studies referenced in Report PSD-070-07 be deemed to be part of the "necessary studies"to complete due diligence as referenced in the motion approved by Durham Region Council on April 18, 2007, and that the Director of Finance be directed to recover these due diligence costs from the Region of Durham as set out in their motion; - 16 - 316 Minutes General Purpose and Administration Committee Minutes May 22, 2007 THAT Staff report regularly to Council on the progress and findings of the peer reviews and analyses being undertaken, and the Host Community Agreement discussions; and THAT all interested parties be notified of Council's decision including the Regions of York and Durham Councils and the Joint Waste Management Committee. CARRIED CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-368-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Confidential Report PSD-071-07 be referred to the end of the Agenda to be considered in a 'closed" meeting. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Resolution #GPA-369-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Committee recess for 5 minutes. CARRIED The meeting resumed at 11:18 p.m. MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL 2007 Resolution #GPA-370-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report EGD-037-07 be received for information. CARRIED - 17 - 317 Minutes General Purpose and Administration Committee Minutes May 22, 2007 APPOINTMENT OF INSPECTOR Resolution #GPA-371-07 Moved by Councillor Woo, seconded by Councillor Robinson THAT Report EGD-038-07 be received; THAT Mr. Steven Valk be appointed as Inspector for the Municipality of Clarington effective Monday, May 22, 2007 and that his name be added to Schedule `A'of By-Law 2005-145; and i THAT the appropriate by-law be forwarded to Council. CARRIED ASSUMPTION OF CLARINGTON BOULEVARD BETWEEN NORTH LIMIT OF UPTOWN AVENUE AND NORTH LIMIT OF CLARINGTON CENTRAL SECONDARY SCHOOL SITE Resolution #GPA-372-07 Moved by Councillor Hooper, seconded by Councillor Woo THAT Report EGD-039-07 be received; and THAT Council approve the by-law attached to Report EGD-039-07, dedicating Clarington Boulevard from the north limit of Uptown Boulevard to the north of the Clarington Central Secondary School site (Part 19, Plan 40R-16730 and Parts 8, 9, and 13, Plan 40R-223327) as a public highway. CARRIED BURKETON INTERSECTION IMPROVEMENTS Resolution #GPA-373-07 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report EGD-040-07 be received; THAT the Engineering Services Department proceed in 2007 with the preparation of the final design of the intersection improvements at Old Scugog Road and Boundary Road in Burketon as presented at the Public Information Centre held on December 5, 2006; - 18 - 318 Minutes General Purpose and Administration Committee Minutes May 22, 2007 THAT the improvements proposed at the intersection of Old Scugog Road and Boundary Road be included in the 2008 Capital Budget for Council's consideration; and THAT, subject to Clarington Council and the Township of Scugog Council both giving 2008 Capital Budget approval for the works (to be a maximum of$21,000 each), the intersection improvements be constructed in 2008. CARRIED CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-374-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Confidential Report EGD-041-07 be referred to the end of the Agenda to be considered in a "closed" meeting. CARRIED Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT CNE GARDEN SHOW Resolution #GPA-375-07 Moved by Councillor Hooper, seconded by Councillor Novak THAT Report OPD-005-07 be received; and THAT the Municipality of Clarington advise the Canadian National Exhibition of their participation in the annual CNE 2007 Garden Show. CARRIED Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT— APRIL 2007 Resolution #GPA-376-07 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report ESD-008-07 be received for information. CARRIED - 19 - 319 Minutes General Purpose and Administration Committee Minutes May 22, 2007 Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT JUNE 1$,RECREATION AND PARKS MONTH Resolution #GPA-377-07 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CSD-007-07 be received; and THAT the month of June 2007 be proclaimed Recreation and Parks Month. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT NAMING OF MUNICIPAL FACILITY Resolution #GPA-378-07 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CLD-021-07 be received; THAT the new recreation facility at 1780 Rudell Road (Rudell Road and Edward Street) in Newcastle be named the "Newcastle & District Recreation Complex", as chosen from the list of nominations; and THAT the Community Services Department, Leslie Wilson, President, Newcastle Village and District Historical Society, Robin Brown and Charlie Trim be advised of Council's decision. CARRIED FLAG RAISING/PROCLAMATION/PARADES POLICIES Resolution #GPA-379-07 Moved by Councillor Woo, seconded by Councillor Foster THAT Report CLD-022-07 be received; THAT the policy related to flag raisings as outlined in Report CLD-022-07 be approved; -20 - 320 Minutes General Purpose and Administration Committee Minutes May 22, 2007 THAT the policy related to proclamations as outlined in Report CLD-022-07 be approved; THAT the Municipality's current practice of processing parade requests continue; THAT the request for the Annual Orange Parade to be held in Orono on July 7, 2007 be approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department; and THAT Gary Cole, District Master, West Durham District L.O.L. and Ron Milne be advised of Council's decision. CARRIED Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT TENDER CL2007-13, KING STREET BRIDGE REHABILITATION, BOWMANVILLE Resolution #GPA-380-07 Moved by Councillor Novak, seconded by Councillor Trim THAT Report COD-019-07 be received; THAT Miller Paving Limited, Markham, Ontario with a total revised bid in the amount of $1 ,322,219.56 (excluding GST) being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-18 be awarded the contract for the King Street Bridge Rehabilitation, Bowmanville, Alternative "A" as required by the Engineering Department; THAT $1,000,000.00 of the total funds required for Alternative "A" in the amount of $1,597,200.00 ($1,322,219.56 revised tender plus consulting, contingencies, utilities and less Bell Canada portion) be provided from the 2006 Engineering Capital Budget Account#110-32-330-83309-7401 and $95,000.00 be provided from the 2007 Engineering Capital Budget Account#110-32-330-83212-7401; THAT funds from the 2006 Capital Budget, for the 20 King Street Fagade project, in the amount of $189,900.00, be transferred to this project; THAT a revised budget amount be considered in future budget years for construction of the 20 King Street Facade project; - 21 - 321 Minutes General Purpose and Administration Committee Minutes May 22, 2007 THAT that the additional $312,300.00 be funded from Federal Gas Tax Reserve Fund depleting the unallocated funding available; and THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED CL2007-16, SANITARY FORCEMAIN, NEWCASTLE RECREATION COMPLEX Resolution #GPA-381-07 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report COD-020-07 be received; THAT Cobourg Development Services, Cobourg, Ontario with a total revised bid in the amount of$133,836.09 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2007-16 be awarded the contract for the Sanitary Forcemain, Newcastle Recreation Complex, as required by the Community Services Department; THAT the total funds required in the amount of$157,336.09 ($133,836.09 plus consulting) be drawn from the Community Services 2006 Capital Account# 110-42-421- 84244-7401; THAT the By-law marked Schedule "A" to Report COD-020-07 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT There were no reports considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICE There were no reports considered under this section of the Agenda. - 22 - 322 Minutes General Purpose and Administration Committee Minutes May 22, 2007 OTHER BUSINESS Resolution #GPA-382-07 Moved by Councillor Novak, seconded by Councillor Woo THAT the correspondence from Jason Buiyukozer, Clarington Secondary School requesting from 9 an exemption p By-law 92-160, as amended, regulating the setting off of fireworks be approved provided the organizers apply for and obtain all the necessary permits and provided appropriate insurance requirements are in place. CARRIED UNFINISHED BUSINESS CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-383-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the recommendations contained in Confidential Report PSD-071-07 be approved. CARRIED CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-384-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the recommendations contained in Confidential Report EGD-041-07 be approved. CARRIED ADJOURNMENT Resolution #GPA-385-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 11:50 p.m. CARRIED MAY DEPUTY CLERK - 23 . 323 NOTICE OF PUBLIC MEETIN.s CORPORATION OF THE PUBLIC MEETING �w9m REPORT # PSD-072-07 /� MUNICIPALITY OF CLARINGTON 1709599 ONTARIO INC l%iL i+EO T ICE OF PijBi.IC MEETIF6a^s s DEVELOPMENT APPLICATION BY: 1709599 ONTARIO INC. AN APPLICATION FOR DRAFT OF CONDOMINIUM APPROVAL TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a Draft Plan of Condominium under Section 51 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed draft plan of condominium submitted by 1709599 Ontario Inc. would permit a change from rental to condominium ownership for eighteen(18)existing townhouse dwelling units. The subject property is located Part Lot 10, Concession 2, former Town of Bowmanville, at 1-37 Kingscourt Road, Bowmanville, as shown on reverse. Planning File Nos.: C-C-2007-0001 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: Friday,June 8,2007 TIME: 9:30 a.m. PLACE: Council Chambers, 2"d 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 June 11, 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, June 6, 2007 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the approval of the Draft Plan of Condominium, or of the refusal of a request for a Draft Plan of Condominium, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Susan Ashton at(905)623-3379 extension 218 or by e-mail at sashton0clarington.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the Draft Plan of Condominium is approved, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the Draft Plan of Condominium is approved, the person or public body may not be added as a party to the hearing of an appeal before the Cntario.Municipal Board unless, in the nninion of the Board, there are reasonable grounds to _�. .._ add the person or public body as a party. Dated at.the Municipality of Clarington this 2"d day of May 2007. j Davis frome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1C 3A6 501 i nom Hlmen9 - 3 G 3 p o c o 0 m � � o E o ° O CL m ti c o CL ,n W o o o Q o g = o x N V N C n N C 39HO39'15 S 'IS 39 C Q r e V O d i 6� c to A m a: m 3 du3ws une !° 0 U CL Q Hme 133UIS ximen 7= CT772= i d'�ap I ti� i d�ti O� _ b�Y easy OUPPEd pue 6em8nua 5 FFIF 1 r W U) M 0 cr c 2 U V 9 � 3 > a 502 All- Clarington REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8, 2007 Report#: PSD-072-07 File #: C-C-2007-0001 By-law#: Subject: DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: 1709599 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-072-07 be received; 2. THAT the Draft Plan of Condominium application, submitted by 1709599 Ontario Inc. be referred back to staff for further processing and the preparation of a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: A � Reviewed b : Y Y vi . , .LP., R.P.P. ranklin Wu Director, Planning Services Chief Administrative Officer SA/CP/DJC/df 30 May 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-072-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: 1709599 Ontario Inc. 1.2 Agent: MacKinnon &Associates 1.3 Proposal: Draft Plan of Condominium Application to permit condominium tenure in eighteen (18) existing rental townhouse dwelling units. 1.4 Site Area: 0.67 ha 1.5 Location: The subject lands are located at 1-37 Kingscourt Road in Bowmanville (Attachment 1). The property is contained within Part Lot 10, Concession 2, in the former Town of Bowmanville. 2.0 BACKGROUND 2.1 On February 7, 2007, the owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure in eighteen (18) existing rental townhouse dwelling units. A partial submission for site plan was concurrently received, but has not been completed by the applicant's as of the drafting of this report. 2.2 In 1994, the property owner at that time filed an application for condominium conversion under Section 4(1) (b) of the Rental Housing Protection Act. The application was approved by Clarington Council on September 11, 1995, subject to a number of conditions. These conditions are included in their entirety in Attachment 2 to this report. No further action was taken to submit an application for the draft Plan of Condominium until recently. 2.3 In conjunction with the draft plan of condominium application the applicant will be submitting a complete site plan application. The applicant is proposing to relocate the existing driveway entrance further east along the Church Street extension contained within draft approved Plan of Subdivision S-C-2005-001. As this townhouse development was constructed in 1967, prior to site plan control being implemented in Clarington (1979), there is no approved site plan for this property at this time. 2.4 A Phase 1 Environmental Site Assessment was submitted with this application. This will be briefly summarized in Section 7.0 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property currently contains eighteen townhouses units, associated parking spaces and there are a number of mature trees on site. The site has frontage and 602 REPORT NO.: PSD-072-07 PAR= REPORT NO.: PSD-072-07 PAGE 3 access from Church Street. The following Orthophoto shows the property and surrounding uses. t OrthoPhoto 2005 3.2 The surrounding uses are as follows: North — Bowmanville Public High School South — Low Density Residential West —Vincent Massey Public Elementary School East - Draft Approved Plan of Subdivision S-C-2005-001 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) states that Planning authorities shall provide a range of housing types and densities. Also housing which is affordable to low and moderate income households shall be available. This conversion of rental townhouse units to condominium townhouse units will provide an opportunity for homeownership for persons seeking smaller, higher density dwelling units, rather than the standard single detached dwelling. However, housing stock will be taken out of the rental market. 4.2 Growth Plan The Growth Plan states municipalities will develop, through their official plans and other supporting documents, a plan for a range and mix of housing, considering affordable 603 .+�.....�� .... ....w n-.n n.. MAf2G A REPORT NO.: PSD-072-07 PAGE 4 housing needs. These units will provide the opportunity for ownership of townhouse- style dwelling units that are affordable given their location, age of structure and floor area. 6.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property "Living Area". The goal of the Living Area designation is to provide a full range of housing. 5.2 Clarington Official Plan The subject property is within the Bowmanville East Town Centre Secondary Plan of the Clarington Official Plan and is designated "High Density Residential'. Typically new high density development in this designation is permitted within a range of 40-100 units per net hectare. However, this development was constructed in 1967 and predates the Town of Newcastle Official Plan (1974) and the current Clarington Official Plan. This site, with a density of 27 units per hectare, has legal non-conforming status. 6.0 ZONING BY-LAW CONFORMITY 6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type Three (R3)". The R3 zone permits a mix of residential building types including townhouse dwellings on a private road. This application would conform to the zoning provisions. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 A Phase 1 Environmental Site Assessment was submitted with the application and was completed in 1998 by Frontier Engineering Inc. The site assessment entailed a detailed inspection of the site and the existing buildings seeking the presence of materials or conditions which may have an adverse impact on the environment. No evidence was found to indicate the presence of any contamination from materials or,conditions. The study concluded that no further investigation was warranted. Although the study is dated 1998, the buildings were constructed in 1967 and the use of eighteen townhouse units has remained unchanged since that date. There is no evidence from air photo analysis that there has been any change to the site since that date. The study is adequate for this application. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also a public meeting notice sign was installed on the property along the Church Street 604 REPORT NO.: PSD-072-07 PAGE 5 REPORT NO.: PSD-072-07 PAGE 5 frontage. This application was received after January 1, 2007, and all Bill 51 procedures are applicable and have been followed. 8.2 To date no inquiries have been received following the sign being posted and notice mailed out. 9.0 AGENCY COMMENTS 9.1 Durham Region Planning Department provided no objection but included in their comments on conditions for the Condominium Conditions of Draft Approval. 9.2 No objections were received in comments from Enbridge, Rogers and Bell. 9.3 Veridian Connections will require numerous upgrades in the electrical service to the site. This will be done by a private agreement between the property owner and Veridian. 9.4 Clarington Engineering will require a road widening to be taken along Church Street. With the draft approval of Plan of Subdivision S-C-2005-0001, the road allowance of the extension of Church Street has been shifted north in an effort to preserve a significant Copper Beech tree. The shift northward necessitates a small road widening to be taken from the 1-37 Kingscourt property to accommodate the curvature in the Church Street extension. 9.5 Comments remain outstanding from Central Lake Ontario Conservation Authority and Kawartha Pine Ridge Public School Board. 10.0 STAFF COMMENTS 10.1 To change the tenure from rental to individual ownership there once was a two step process in conformity with the former Rental Housing Protection Act and the Planning Act. The applicant must submit an application for Condominium Conversion, then an application for Plan of Condominium. In 1994 the owners at that time submitted an application for Condominium conversion which was approved by Council, subject to a number of conditions (Attachment 3). 10.2 The conditions remain in effect today and have yet to be fulfilled. A letter was submitted to the Planning Services Department by the Owner's legal advisor requesting that the Municipality of Clarington waive the completion of the Conditions of Condominium Conversion and incorporate them into Conditions of Draft Approval. The Planning Services Department responded by letter dated May 2, 2007, that as per discussions prior to receiving the current applications, the Conditions of Condominium Conversion must be completed prior to draft of approval of the Plan of Condominium being granted. 10.3 Due to the replacement of the Rental Housing Protection Act and the Landlord Tenant Act, some of the conditions relating to tenant protection are now redundant.. Protection for the current tenants has been built into the current Residential Tenancies Act, 2006 now in effect and there no longer needs to be conditions of conversion approval. For example, a tenant who was a tenant on the day the rental unit was converted to 605 ncono r REPORT NO.: PSD-072-07 . PAGE 6 condominium now has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the Offer. However, many of the conditions are important, and shall be completed prior to draft approval for the condominium being granted. 10.4 The site plan control application was deemed incomplete and a letter (dated March 8, 2007) was sent to the applicant containing a list of outstanding items. No further information has been received regarding this site plan since that letter. 11.0 CONCLUSION 11.1 The purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting. It is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 - Key Map Attachment 2 - Condominium Plan Attachment 3 - Conditions of Condominium Conversion (1995) Interested parties to be notified of Council and Committee's decision: 1709599 Ontario Inc. MacKinnon &Associates 606 Attachment 1 To Report PSD-072-07 d a � E noo rwvae7eo C p �L m C 0 O 0 r C 0 R C 0 Wo °o E c O p c o Q 4 r 0 C Qa e 3`08030 '15 5 '15 3 N 0 N W a� c � _ 0 o V W d 0. e- � V � y � C • N 133W5 •to N 3 C 36 O a CH r C JX i Jb7 ee.ry 6ui>I3ed pue (eMOAUd CO a a a a s _ F _ W CO D U m U) _ U v � c L CL 607 re:= - � � 1111rQ I I 1 111111 AM To Report PSD-072-0i v 3 ¢o cc Mz2 _ ' O¢M m , ; 6 B f 'y � ��"� : 000 v $ sa + pS3g g I W11 0ZZ bA om^° o63gqgyyyq{gg{3,�gge #€ I P.°g ' " u °w� �� € # to has e m P ah fie L__ g 313 q9..5? • sz � � r � ., _ `a A .11 1 �< I f 5• ••e < • I � m € I I SS S : r w rf Ss -• _ w I _ t r i iN f —G. k{� Attachment To Report PSD-072-0 CONDITIONS OF FINAL APPROVAL FOR CONDOMINIUM CONVERSION APPLICATION CON 001-94/C . 1. The owner. shall submit an application for a plan. of condominium to the Region and an application for site plan approval to the Municipality. The owner agrees to enter into a site plan agreement with the Municipality to provide the following: a) improvements to --the' property including landscaping, fencing, garbage enclosure facilities, etc; b) the owner shall retain an architect or professional engineer to provide a cost estimate of required works and improvements for review and approval by the Planning and Development Department; C) appropriate securities for the said improvements shall be posted by the owner; and, d) the owner must pay all outstanding municipal taxes, if any, including all local improvement charges at the time of execution of the required agreements with the Municipality. 2 . The owner shall have a report prepared by an architect or a professional engineer to the satisfaction of the Planning and Development Department which certifies that all units on the property comply with the property standards by-law based on an inspection of the interior and exterior of the property including plumbing, heating, electrical, fire safety and structural conditions . The report shall include a cost estimate of required works and improvements to the building for review and approval by the Municipality. A copy of this report shall be. available to all potential purchasers. 3 . The applicant shall enter into a condominium conversion agreement under Section 12 of the Rental Housing Protection Act with the Corporation of the Municipality of Clarington. Prior to entering into any agreements of purchase and sale for any .of the proposed condominium units and prior to the registration of the condominium declaration and description, the owner shall: a) carry out the works as required under Condition 2. b) provide all existing tenants residing at 1-37 Ringscourt Road with guaranteed tenancy agreements at present rental rates with similar conditions as currently enjoyed, subject to increases from time to time governed by the Residential Rent Regulation Act, for the following periods of time: 609 • tenants aged 65 years or more on the day the offer is made are permitted a further 5 year rental period from the date of condominium registration; and, • all other tenants are permitted a further 2 year rental period from the date of condominium registration; C) provide all existing tenants residing at 1-37 Ringscourt Road at least 10 days to review the offer of guaranteed tenancy and not to exert any pressure on existing tenants to vacate their units; d) only terminate the tenancy under the provisions of the Landlord and Tenant Act; e) provide guaranteed tenancy referred to in Section 3(a) to all new tenants for the balance of the guaranteed tenancy period; f) notify any new tenants that the building is subject to an application for condominium conversion; and, g) provide existing tenants with the first right of refusal on the purchase of units for a period of two years from the date of condominium registration, which first right terminates with the termination of the tenancy agreement. Where an offer to purchase is presented to a tenant, the tenant shall have a minimum period of 4 days to accept or reject the offer and a further 10 days to retract acceptance of an offer without penalty. The right of first refusal shall continue on units where the owner does not complete an offer of purchase and sale to a third party. 3 . Prior to execution of the required site plan and condominium conversion agreements, the owner shall provide an affidavit to the Planning and Development Department certifying that all applicable conditions stated herein have been fulfilled. 4 . All agreements shall be registered on title at the owner's expense. 610 Clarington REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Friday, June 8, 2007 Report#: PSD-073-07 File No's: A2007-0018 to By-law#: A2007-0023 (inclusive) Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 24, 2007. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-07 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on May 24, 2007, for applications A2007-0018 to A2007-0023 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: X& Reviewed by: i J. Cronfe, M.C.I.P., R.P.P. Fr klin Wu, Director of Planning Services Chief Administrative Officer GF*CP*DJC*sh May 25, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 611 REPORT NO.: PSD-073-07 PAGF 2 REPORT NO.: PSD-073-07 PAGE 2 1.0 APPLICATION DETAILS All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below: DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 24, 2007 Application Number Staff Recommendation Decision of Committee May 24, 2007 A2007-0018 Approve Approved A2007-0019 Approve Approved A2007-0020 Approve Approved A2007-0021 Approve Approved A2007-0022 Approve Approved A2007-0023 Approve Approved 2.0 CONCLUSIONS 2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2007- 0018 to A2007-0023 inclusive are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2007-0018 to A2007-0023 inclusive is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 612 • To Report PSD-073-07 CI ' n anw,,n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STRIKE SALMERS & FURLONG OWNER: COVE ORCHARD & ENTERPRISES LIMITED PROPERTY LOCATION: 133 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0018 PURPOSE: TO PERMITA REDUCTION IN THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1,603 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD069/2007). DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO REDUCE THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1603 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD069/2007) AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 24, 2007 LAST DAY OF APPEAL: June 13, 2007 613 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STRIKE SALMERS & FURLONG OWNER: RICARDO ROSSI PROPERTY LOCATION: 125 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0019 PURPOSE: TO PERMIT A REDUCTION IN THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1,553 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD070/2007). DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO REDUCE THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1553 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD070/2007) AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 24, 2007 LAST DAY OF APPEAL: June 13, 2007 614 Clarington Leadrng[he Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STRIKE SALMERS & FURLONG OWNER: COVE ORCHARDS & ENTERPRISES LIMITED PROPERTY LOCATION: 127 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0020 PURPOSE: TO PERMIT A REDUCTION IN THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1,588 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD071/2007). DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO REDUCE THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1588 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD071/2007) AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 24, 2007 LAST DAY OF APPEAL: June 13, 2007 615 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STRIKE SALMERS & FURLONG OWNER: CLIFFORD LO PROPERTY LOCATION: 129 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0021 PURPOSE: TO PERMIT A REDUCTION IN THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 2,049 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD067 - 070/2007 INCLUSIVE). DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO REDUCE THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 2049 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT (LD067-070/2007 INCLUSIVE) AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 24, 2007 LAST DAY OF APPEAL: June 13, 2007 616 Clarii�;ton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: STRIKE SALMERS & FURLONG OWNER: BRUCE MILLKEN PROPERTY LOCATION: 131 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0022 PURPOSE: TO PERMIT A REDUCTION IN THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1,569 M2 IN ORDER TO FACILITATE A BOUNDARY RE-ALIGNMENT. DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO REDUCE THE MINIMUM LOT AREA REQUIREMENT FROM 2,800 M2 TO 1569 M2 TO FACILITATE A BOUNDARY RE-ALIGNMENT AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 24, 2007 LAST DAY OF APPEAL: June 13, 2007 617 Leading t8e Way tJ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: PARADISAIC CUSTOM DECKS OWNER: PAM FLEMING PROPERTY LOCATION: 52 COUSINS STREET, COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0023 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK BY INCREASING THE MAXIMUM REQUIRED LOT COVERAGE FROM 40% TO 46%. DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO PERMIT THE CONSTRUCTION OF A DECK BY INCREASING THE MAXIMUM REQUIRED LOT COVERAGE FROM 40% TO 46% SUBJECT TO THE LOT GRADING BEING CERTIFIED BY A PROFESSIONAL ENGINEER AS THE APPLICATION IS MINOR IN NATURE, DESIRABLE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: May 24, 2007 LAST DAY OF APPEAL: June 13, 2007 618 Clar�ngton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8, 2007 Report #: PSD-074-07 File #: ZBA 2007-0023 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: CLARET INVESTMENTS LIMITED AND 1361189 ONTARIO LIMITED 18T-92014— HANCOCK NEIGHBOURHOOD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-074-07 be received; 2. THAT the application submitted by Claret Investments Ltd. And 1361189 Ontario Ltd. to remove the Holding (H) symbol for Lots 1 to 89, and Block 103 as shown on the draft 40M-Plan for Draft Approved Plan of Subdivision 18T-92014 be APPROVED; and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed by a J. Crome, M.C.I.P., R.P.P. / , ranklin Wu Director, Planning Services '�fVa Chief Administrative Officer LT/DJC/sh May 29, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 619 REPORT NO.: PSD-074-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: WDM Consultants 1.2 Agent: Claret Investments Ltd. And 1361189 Ontario Ltd. 1.3 Location: Part of Lot 27, Concession 3, former Township of Darlington (Attachment 1). 1.4 Rezoning: Removal of Holding (H) symbol from • "Holding — Urban Residential Type One ((H)R1)" • "Holding — Urban Residential Exception ((H)R1-41)" • "Holding — Urban Residential Exception ((H)R2-20)" • "Holding — Urban Residential Exception ((H)R1-12)" • "Holding — Urban Residential Exception ((H)R1-18)" • "Holding — Urban Residential Exception ((H)R1-19)". 2.0 BACKGROUND 2.1 On May 4, 2007 staff received an application from WDM Consultants for the removal of the "Holding (H)" symbol on Lots 1 to 89 and Block 103 as shown on the draft 40M-Plan for Draft Approved Plan of Subdivision 18T-92014. The Applicant has indicated the Owners are ready to proceed with the registration and construction of this draft plan, thus the necessity for the application. 2.2 Staff would note, the removal of the holding symbol is only being proposed for those lots/blocks within the draft plan that comply with the provisions of the Zoning By-law and can proceed through to registration and the issuance of building permits without requiring land or access from adjacent properties. 3.0 STAFF COMMENTS 3.1 Following an Ontario Municipal Board hearing held in January 1999, a Board Order was released July 28, 1999, issuing Draft approval of Plan of Subdivision 18T-92014. Planning staff is in the process of finalizing the subdivision agreement between the Municipality and the Owner(s) to ensure that all conditions of draft approval have been addressed. Provisions within the agreement will require the developer to ensure that sufficient financial guarantees are provided to the Municipality for the completion of all works on the site. 3.2 As noted within paragraph 1.4 of the report, that portion of the subject property for which the holding symbol is to be removed is currently zoned within six (6) zoning categories. Policies within the Municipality's Official Plan permit the use 620 REPORT NO.: PSD-074-07 PAGE 3 of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality. • Services and municipal works; • Measures to protect natural area; • Measures to mitigate the impact of development; • Submission of technical studies; • Execution of appropriate agreements; and/or • Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: • The development is consistent with the orderly and phased development of the Municipality; • The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard; and • The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan have been satisfied. 3.3 The Finance Department has advised that taxes on the site are current. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 By-law for Removal of"Holding (H)" symbol List of interested parties to be advised of Council's decision: WDM Consultants Claret Investments Limited 1361189 Ontario Limited Mrs. Libby racansky 621 To Report PSD-074-07 V F- m m Z u W EJ c J 2 V N W C :R o O m C W o a E 0 3 mco G p � � a C4 ! c � 0 Q } m m m N z V SIC !tea o Z m IL N e ILuax lm 1 uo IN HANCOCK ROAD ! - a a ! m ! ! !I IM Y IN ! a 1 • c ! ! G ! '« Ibg' scow !! m Y, � r$°' � kn°9 ,i�3' ! m ♦a �� a. a ! FF O HARRY GAY DRIVE v HARRY GAY DWVE Y ! ! r Rta nx aaa m� 1 aoa n `xca�a am im aua iii `HOAR MW em1 9Mm `dD%m lBaaY 0VJ �r m ca¢aa s I 622 CORPORATION OF THE MUNICIPALITY OF CLARINGTON To Report PSD-074-0; CORPORATION OF THE MUNICIPALITY 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 Municipality of Clarington to implement plan of subdivision 18T-92014. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "A"to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding—Urban Residential Type One ((H)R1)"to"Urban Residential Type One (R1)" "Holding — Urban Residential Exception ((H)R1-41)" to "Urban Residential Exception (R1-41)" "Holding — Urban Residential Exception ((H)R2-20)" to "Urban Residential Exception (R2-20)" "Holding — Urban Residential Exception ((H)R1- 12)" to "Urban Residential Exception (R1-12)" "Holding — Urban Residential Exception ((H)R1-18)" to "Urban Residential Exception (R1-18)" "Holding — Urban Residential Exception ((H)R1-19)" to "Urban Residential Exception (R1-19)". 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. 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 Abernethy, Mayor Patti L. Barrie, Municipal Clerk 623 1 1 This is Schedule "A" to By-law 2007- passed this day of 1 1 A.D. GEORGE • I .' i i.• Y!'•t • �� •.':•: •� ::• I • ROOMEAVE ii f..w �i!Y•i• �'f'•'f . •.f.•., 1, t I OAR CT TABBAVENUE NASH ,. , Zoning to RemainRA" iii . . . - Zoning Change From"(H)RI 41 0 To RRII 41 GS3iS Zoning To - rJJ Zoning Change From To - Zoning To Remain "(H)R2-18" M Zoning Change From w(H)R2-184 To"R2-18" Jim Abernethy, Mayor COURTICE Patti L. Barrie, Municipal Clerk Clarington REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8, 2007 Report#: PSD-075-07 File #: ZBA 2007-0024 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 289143 ONTARIO LIMITED - WESTVALE 18T-95023 (PHASE 2) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-075-07 be received; 2. THAT the application submitted by 289143 Ontario Limited to remove the Holding (H) symbol for Lots 1 to 45, Blocks 46, 47 and 48 as shown on the draft 40M-Plan for Phase two (2) of Draft Approved Plan of Subdivision 18T-95023 be APPROVED; and that the attached By-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted Reviewed b b Y: y: 4viJ. e, M.C.I.P., R.P.P. Franklin Wu , ning Services Chief Administrative Officer LT/DJC/sh May 23, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 625 REPORT NO.: PSD-075-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 289143 Ontario Limited (Westvale) 1.2 Location: Part of Lots 33 and 34, Concession 1, former Township of Darlington (Attachment 1). 1.3 Rezoning: Removal of Holding (H) symbol from "Holding — Urban Residential Type Three ((H)R3)", "Holding — Urban Residential Exception ((H)R2-12) and ((H)R2-13)". 2.0 BACKGROUND 2.1 On May 4, 2007, staff received an application from 289143 Ontario Limited for the removal of the "Holding (H) symbol on Lots 1 to 45, Blocks 46, 47, and 48 as shown on the draft 40M-Plan (Phase 2) for Draft Approved Plan of Subdivision 18T-95023. The Owner has indicated they are ready to proceed with the registration and construction of this phase, thus the necessity for the application. 2.2 Staff would note, the removal of the holding symbol is only being proposed for those lots/blocks within the draft plan that comply with the provisions of the Zoning By-law and can proceed through to registration and the issuance of building permits without requiring land or access from adjacent properties. 3.0 STAFF COMMENTS 3.1 Following an Ontario Municipal Board hearing held in September 1996 a Board Order was issued October 4, 1996 issuing Draft Approval of Plan of Subdivision 18T-95023. The applicant has entered into a subdivision agreement with the Municipality. Provisions within the agreement require the developer to ensure that sufficient financial guarantees are provided to the Municipality for the completion of all works on the site. 3.2 The subject property is presently zoned "Holding-Urban Residential Type Three ((H)R3), "Holding — Urban Residential Exception ((H)R2-12)" and "Holding — Urban Residential Exception ((H)R2-13)". Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: • Services and municipal works; • Measures to protect natural area; • Measures to mitigate the impact of development; • Submission of technical studies; • Execution of appropriate agreements; and/or 626 REPORT NO.: PSD-075-07 PAGE 3 • Any other requirements as may be deemed necessary. by Council including the implementation of the policies of this plan. Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: • The development is consistent with the orderly and phased development of the Municipality; • The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard; and • The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan have been satisfied. 3.3 The Finance Department has advised that taxes on the site are current. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of"Holding (H)" symbol List of interested parties to be advised of Council's decision: 289143 Ontario Limited G.M. Sernas &Associates. 627 �4 J Attachment 1I To Report PSD-075-07 V �� 01s34v ~ 9_ W __ � ^ E r NmZa c CL g a w w r r of _ CL o � p p w —4 dg C N d m m N z_ w d Z 3 d .a N O I NOISS3ONOO £q 89 V. Iiv13o 33s BL12-WOb Ntlld (13N3151038 NOOIfl p ,e O� xe v 8 V I $ OO 's )no Is S' Lb � la _ ®.. m• $ 'a ..zi a bE g 101d ri 9szo snu and ,0o- 0 -----` a a Z£• 9 ._ '241 lO•l •• w8.£ W IE : � t1l 10-1 W na4,Ip101 O 5b_aa:Ol n .•L.. F v F 91 o- o- 3 6Z 94I�101d_ F g F w a LI 6as F 8Z• Y L x Ob ' F[P6K9t d wain a a �°^'• + 0 Lb...a3 :Ol — S F ' ' & 81 F F LZ F Ib Ia O a —Li(O-6Cio-M ba:A,- F by F F 61 F £ F 5sw+r99z xa 641 J,OI Oz 9z i OSR 1wOl °m`a IZ� $ F bZ °sszo-srcx and ; II\ 9szo-drssz xu z a L -- 4a: € ZSI io 1 113MSS08 3AIM 113MSS08 # �O�i £01 101 a I a:i 628 CORPOPAWMIJ r1F THE MI IMrYPAI ITV nc rY AD1K1r]T0AI To Report Report PSD-075-07 CORPORATION OF THE MUNICIPALITY 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 Municipality of Clarington to implement plan of subdivision 18T-95023. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "A' to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding — Urban Residential Type Three ((H) R3)" to "Urban Residential Type Three (133)" "Holding— Urban Residential Exception ((H) R2-12)" to "Urban Residential Type Exception(R2-12)" "Holding — Urban Residential Exception ((H)R2-13)" to "Urban Residential Exception (R2-13)". 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. 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 Abernethy, Mayor Patti L. Barrie, Municipal Clerk 629 UziOnMWAffirell' 1 1 This is • - to By-law 200 passed this day of 2007 A.D. gg gg qLMA �.s ii ONS N : Illlllllllllllll�iill� na■■'= ��.111■■1■:11 ���L■,�.u■ muniunlliinnllnln _ III �.'=.�'= aunmmununnnul = ■ 4W uuuwinnnnnuull -111111111111 , 111111011111111111111■' X111111•,? IIIIIIIIIIIIIIIIIIIII■ = .,���\�� IIIIIIIIIIIIIIIIIIIIIIIIIII �IIIIIIIIIIIIII//► --°■1111111. : .. .1111111111■ Illlllllllllw ■111111111 =�' .1111111101111•_ .IIIIIIIIIIIIII 11111111111111111 aumn __ ulllllll__ _ =■ u111011.°— � , mu ■%iiiiil = t,1 • Anyelk win Via 4-w*,elL Q I1�011 iag the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8, 2007 Report#: PSD-076-07 File #: ZBA 2007-0027 By-law#: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: DARLINGTON SPRINGS LTD. (THE KAITLIN GROUP) ASPEN SPRINGS WEST - PHASE III RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-07 be received; 2. THAT the request for Removal of Part Lot Control by Darlington Springs Ltd. with respect to Blocks 67 to 72 inclusive on Plan 40M-2240, be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted b Y� Reviewed by: Davi . Crome, M.C.I.P., R.P.P. r7ignklin Wu Director, Planning Services Chief Administrative Officer LT/DJC/df 25 May 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 631 REPORT NO-- PRD-076-07 PAGE 2 REPORT NO.: PSD-076-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Agent: Darlington Springs Ltd. (The Kaitlin Group) 1.2 Location: Part Lot 16, Concession 1, former Township of Darlington 2.0 BACKGROUND 2.1 On May 15, 2007, staff received a request from The Kaitlin Group Ltd. for the Removal of Part Lot Control with respect to Blocks 67 to 72 inclusive on Plan 40M-2240. 2.2 The Plan of Subdivision 18T-96014 which encompasses the area of this application received Draft Approval for one medium density block for a maximum of 60 units per net residential hectare, 66 single detached dwellings, 32 townhouse units, a 1.99 ha separate elementary school block, a 1.78 ha neighbourhood park and a neighbourhood commercial block. Registration of the Plan of Subdivision under Plan 40M-2240 was completed February 23, 2005. 2.3 Building permit applications for the six (6) townhouse blocks in question have either recently been submitted and/or issued. As such, the Owner requires the approval of a Part Lot Control By-law to facilitate the sale of each unit. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of Part Lot Control By- laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control By-law. 3.3 The Finance Department advises that the taxes have been paid in full. 3.4 Staff recommends that the by-law be in force for a three (3) year period following Council approval, ending June 11, 2010. 4.0 RECOMMENDATIONS 4.1 It is recommended that Council APPROVE this application and ADOPT the attached Part Lot Control By-law for Blocks 67 to 72 inclusive on Plan 40M-2240. 632 REPORT NO.: PSD-076-07 PAGE 3 REPORT NO.: PSD-076-07 PAGE 3 Attachment: Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table for 40M-2240 List of interested parties to be advised of Council's decision: Kelvin Whalen, The Kaitlin Group Ltd. 633 Attacrimenti To Report PSD-076-07 m 3Na0 3015 c E E 3Na0 WaT11N V J O J C �C m 133RLS ? 831SINNY8 m O M O. 3M _ 1� a N c ° O >. C z z o 'o i 3va0 s Nanenin o N m a0.. u i z O c C w a m C z m J N WIN N N M 0 m U O O p 'D ► 0 m p � i a G OtlOa tN38 O O li m 10.5851 12.000 1 11.801 30.000 11.800 1 12.000 1 12.000 12.300 1 12.300 12.000 1 12.200 1 12.400 1 12.400 12.400 12.40 N17'24'00°W Ro BAXTER STREET ° 34.352 30.000 N17'24'00"W 30.000 31.600 31.600 31.2'2 7.071 -� 7.071 N6224'00"W N27'36'00"E 7.071 7.071 N6 '24'00"W g N27'36'00°E 6�W n r--', 2 400 CV d COt N17 o0 36.600 w°o 65�� o° Y o Y o n � N1 724'00"W n (••� n U n n o 36.600 0 ow ow o 64 I ma N1724'00°W °o 3s.sao63 0 "W _ o 20.000 20.000 °0 36.6006 L ^ o N1724'00°W ^t 36.600 0° 61 oOa 0 o � 6 o o LL) o Vo mry W w N1724'00°W _ n U a oa v o a o °o 36.600 0 o S ° z w z ma 0¢ n N n o° 60 nN LJ n m a z z N1724'00"W 36.60059 °o Jb.bUO 36.600 0 J f N1724'00"W J .J_I °0 36.600 ° w �� �t w 58 N1724'00"w g < < Yo Yo �. Q °0 36.600 °o f M v o m 57 ow Jm J N17'24'00'W ° m¢ m�¢ f 36.600 _ o 56 7.064 N27'32'50"E N6227'10"W 7.078 N7 7'24'00°W 31.600 1 31.600 36.600 N17'30'30"W _ a $ 55 � g m 122.730 N17'30'30"W 113.200 Nt 36 60000 W N1 122.730 N17'30'30"W 171.460 J h 58.3fi7 GREEN ROAD 634 vumrumHIiviN yr IML NVIVII,IrHLl1 r yr I.ViK11Vb1uii To Report PSD-076-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a By-law to exempt certain portions of Registered Plans 40M-2240 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Blocks 67 to 72 inclusive on Plan 40M-2240, registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Blocks 67 to 72 inclusive on Plan 40M-2240. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on June 11, 2010. 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 Abernethy, Mayor Patti L. Barrie, Municipal Clerk 635 Hnacnmem o To Report PSD-076-07 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 40M--2240 `{ By-law: v _ Ot$; r Block 67 Townhouse — 5 No Change Block 68 Townhouse — 6 No Change Block 69 Townhouse — 5 No Change Block 70 Townhouse — 5 No Change Block 71 Townhouse— 6 No Change Block 72 Townhouse — 5 No Change TOTAL Units — 32 No increase in units 636 Leading the Way l.J REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8, 2007 Report#: PSD-077-07 File #: By-law#: Subject: BILL 51- PLANNING AND CONSERVATION LAND STATUTE LAW AMENDMENT ACT, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-077-07 be received; 2. THAT the By-law contained in Attachment 1 be approved delegating authority to the Planning Director to make a decision on whether submitted planning applications are complete; 3. THAT the By-law contained in Attachment 2 be approved requiring pre-consultation with the Municipality of Clarington Planning Services Department prior to submission of applications, plans and/or drawings for all official plan amendments, zoning by-law amendments, draft plan of subdivision/condominium and site plan; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Davi J: Crome, M.C.I.P., R.P.P. in Wu Director, Planning Services Chief Administrative Officer CP/DJC/df 28 May 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 637 REPORT NO.: PSD-077-07 oer_G REPORT NO.: PSD-077-07 PAGE 2 1.0 PURPOSE 1.1 The purpose of this report is to present information pertaining to changes to the Planning Act and related regulations resulting from the approval of Bill 51, The Planning and Conservation Land Statute Law Amendment Act, 2006. This report will outline the changes, discuss aspects staff have implemented to date, suggest implications for Clarington planning processes and present areas of further review to carry out the required changes. 2.0 BACKGROUND 2.1 On March 27, 2006, Staff presented a report outlining some of the key elements within the Province's new legislation as it relates to land use planning. Previously referred to as Bill 51, the Planning and Conservation Land Statute Law Amendment Act, 2006, received Royal Assent on October 19, 2006 and, in terms of the Planning Act amendments, was proclaimed in effect on January 1, 2007. Along with the legislation itself, the Province also passed a set of related implementing Regulations, although some Regulations remain outstanding. The provisions of Bill 51 apply to all those applications made on or after January 1, 2007. 2.2 Bill 51 amends the Planning Act and the Conservation Land Act and provides municipalities with a number of additional mechanisms that deal with the land use planning process as well as new rules pertaining to Ontario Municipal Board (OMB) appeals. 2.3 The majority of the changes to the Planning Act modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and redevelopment. With respect to the Conservation Land Act, the changes under Bill 51 assist conservation efforts by improving the use of conservation easements as a tool to support the long- term stewardship and protection of agricultural lands, natural areas and important watershed features on private lands. 3.0 LAND USE PLANNING PROCESS CHANGES 3.1 Complete Applications 3.1.1 New requirements are now in place regarding complete applications. These changes include an expanded list of prescribed information and material that is required for official plan amendments, zoning by-law amendments, subdivisions and consents. It is now a requirement that through the submission of official plan amendment, zoning by- law amendment and draft plan of subdivision applications, additional information be provided regarding conformity to provincial plans and policies, as follows: i) whether the proposed amendment is consistent with provincial plans or policy statements issued under Section 3 of the Planning Act (i.e. The Greenbelt Plan, 638 DCDADT Mr% • oen-n77_n7 DAM= R REPORT NO.: PSD-077-07 PAGE 3 the Growth Plan for the Greater Golden Horseshoe, the Provincial Statement, etc.); ii) whether the subject land is within an area designated under any provincial plan or plans; iii) whether the proposed amendment is in conformity or does not conflict with any provincial plan or plans; iv) whether the proposed amendment alters any part of the boundary of an area of settlement in a municipality or establishes a new area of settlement; and v) whether the requested amendment removes the subject land from an area of employment. 3.1.2 The Municipality of Clarington's development application forms have been amended to account for the foregoing changes. The additional information is required in the first instance, before application processing can occur and not well into the application processing stage, or introduced for the first time within the context of an OMB Hearing. Therefore, with regard to matters of provincial interest, consistency with provincial plans now needs to be addressed up front, in order for an application to be deemed complete. 3.1.3 In addition, municipalities can now establish through Official Plan policies, additional information or material as may be needed to assess planning applications. Additional requirements consistent with the legislation will be reviewed further by staff and be part of the Clarington Official Plan review. 3.1.4 As result of the Bill 51 changes to the Planning Act, there is greater emphasis on the acknowledgement of complete applications. Once an application is submitted to the Planning Services Department, the Municipality has 30 days to confirm the receipt of a "complete application" with the applicant. Once the application is determined to be complete, the Municipality has 15 days to provide notice of the application and prescribed information to prescribed persons and public bodies. In addition, municipalities must make the all information available to the public within that timeframe. The Regulations for the various types of development applications require that the notice of complete application be provided in the same form as the notice of public meeting. Dependent upon the timing of the public meeting, notice of complete application may be given with the notice of public meeting, or may be given separately. 3.1.5 In the case where there is a dispute over whether an application is complete, the matter can be brought forward to the OMB, where it can determine whether the information provided by applicants meets the requirements and whether the requirements are reasonable under the circumstances. In such cases, the onus would be on the municipality to demonstrate why certain studies have been requested. 3.1.6 The Planning Act has also been amended such that Council is to determine when development applications are complete. Under this system, Council is required to deliberate on each application immediately after it is submitted, based on the materials 639 mon^nT \IA . Pfl n ^97 ^ e A fie- REPORT NO.: PSD-077-07 PAGE 4 filed. This would require determination by way of a Council resolution that an application is complete before circulation could begin. This process would be time consuming and onerous, and will delay the processing of applications. However, Section 23.1 of the Municipal Act provides Council with the general authority to delegate to a person or body various non-judicial responsibilities. 3.1.7 In order to continue with the current process of staff determination of complete applications, it is recommended that this responsibility be delegated back to staff in order to facilitate timely application processing. Attachment 1 contains a By-law for this purpose. 3.2 Pre-Consultation 3.2.1 The Planning Act has been amended to include a requirement for "pre-consultation Pre-consultation is the process whereby prospective development applicants consult with municipal staff prior to their formal application submission, in order to ascertain the municipality's requirements including studies, drawings and potential issues. 3.2.2 Although the Municipality has strongly encouraged pre-consultation in the past, Bill 51 enables Council to enact a by-law requiring pre-consultation for the purposes of an Official Plan amendment, Zoning By-law amendment, Site Plan approval and Plan of Subdivision/Condominium application. 3.2.3 The amendments to the Planning Act also grant municipalities the ability to require additional information and materials from the applicant upon submission of an Official Plan amendment, Zoning By-law amendment and Plan of Subdivision/Condominium application. However, in order to take advantage of this tool, the Official Plan must contain policies addressing the additional requirements. Staff will review this as part of the Official Plan review to identify technical submissions that may be required in addition to those already addressed in the Clarington Official Plan. 3.2.4 By mandating the pre-consultation process, the Town would be assured that contact is made early in the development review process so as to ensure that issues are uncovered in a timely manner, and to help reduce application processing timelines. 3.2.5 Therefore, staff recommend that the By-law contained in Attachment 2 be approved requiring pre-consultation for all applications for Official Plan amendments, Zoning By- law amendments, Site Plan approval and draft Plans of Subdivision/Condominium. 3.3 Conformity with Provincial Plans 3.3.1 It is now a requirement for municipal Official Plans to be updated every five years, and for municipal Zoning By-laws to be updated to conform to the new Official Plans within three years. An Official Plan must: • conform to provincial plans; • have regard to matters of provincial interest as outlined in the Planning Act; and, 640 nonnnT ► n . nc�r� nee n� �. ..� _ REPORT NO.: PSD-077-07 PAGE 5 ► be consistent with provincial policy statements. 3.3.2 In this regard, the Municipality of Clarington will' be commencing its Official Plan review process later this year, and as part of its mandate will be addressing these provincial interests. This will include determination of conformity with the Growth Plan for the Greater Golden Horseshoe. Bill 51 introduced provisions pertaining to the content of Official Plans. Draft Regulations suggest that such issues as the delineation of settlement boundaries, identification of the lifetime of an Official Plan, and performance monitoring policies to implement the Provincial Policy Statement, Provincial Plans and Official Plan policies will all be required. More details regarding these provisions can be provided once the Province releases the Regulation directing their implementation. 3.4 Having Regard to' Municipal Decisions 3.4.1 Another land use planning process change deals with approval authorities and the OMB, who are now required to 'have regard to' municipal decisions on planning applications. Previously, approval authorities were not explicitly required under the Planning Act to have regard to municipal decisions. 3.4.2 It is likely that when the OMB has regard to Council decisions, it would likely be based on the content of the related staff report that accompanies the decision. Staff reports have been modified to specifically address the conformity of new developments to provincial plans and the Provincial Policy Statement and the report provides the level of analysis necessary to facilitate the defence of staffs recommendation. More technical information may be appended to reports in the future. 3.5 Information, Materials and Parties at OMB Hearings. 3.5.1 Another change to the Planning Act deals with the addition of parties and information at OMB Hearings. Prior to January 1, 2007, there were no restrictions on parties and information or material to be considered at an OMB Hearing. This caused situations where materials, studies or interests could be raised within the context of an OMB Hearing which may not have been considered by Council during its consideration of a development application. Under Bill 51, new material or information is not permitted as evidence on an appeal unless the OMB determines that it could have materially affected Council's decision, in which case Council will be given the opportunity to reconsider their decision in light of the new information before it may be admitted. 3.5.2 Under Bill 51, in the case of an appeal, only those persons or public bodies that made oral submissions at a public meeting or written submissions to Council can be added as a party to an OMB Hearing. The OMB may, however, allow new parties if there are reasonable grounds. 3.5.3 If an appeal regarding an Official Plan amendment or Zoning By-law amendment is based on a non-decision by an approval authority, these restrictions regarding parties, material and information do not apply. 641 PFPAPT Kin • DQn-A77_A7 MA l w REPORT NO.: PSD-077-07 PAGE 6 3.5.4 Appeals are now limited to organizations or individuals who took part in the approval process at the local level, unless the Board determines that the party could not have reasonably participated. The required public notice provided by the Municipality for development applications has been amended to reflect these changes. 3.6 Open Houses and Notice Requirements 3.6.1 New requirements have been put into place regarding open houses and public notices. The changes to the Planning Act now require that open houses be conducted during Official Plan reviews and the adoption of a development permit system. They are to be held no later than 7 days before the statutory public meeting. 3.6.2 Also in relation to the issuance of notice, approval authorities must now give notice of refusal to adopt an Official Plan-amendment or Zoning By-law amendment. Similarly, within 15 days of a refusal, the municipality must notify the applicant of the refusal, and the applicant in turn has a right to appeal within 20 days thereafter. This addresses a past issue where there was no timeframe whereby an applicant could appeal a decision by the approval authority to refuse a development application. 3.7 Local Appeal Bodies 3.7.1 The Planning Act has also been changed such that municipalities have the option to establish local appeal bodies to hear appeals on consent and minor variance applications. Such appeals are normally heard by the OMB. Although the establishment of such a body.might make sense within a large jurisdiction such as the City of Toronto, relatively few minor variances are actually appealed within the Municipality of Clarington, therefore, it would not make sense to establish a local appeal body and dedicate the time and resources required for its maintenance. In terms of consents, it would be a Regional decision as to whether it decides to establish a local appeal body since it has approval authority on land division matters. 3.7.2 Where municipalities decide not to establish a local appeal body, appeals will continue to be heard by the OMB. Staff do not recommend establishing a separate appeal body. 4.0 DEVELOPMENT CONTROL TOOLS 4.1 Zoning with Conditions 4.1.1 Zoning with conditions is a tool that has been introduced by Bill 51. This new tool will assist municipalities in managing development of land by allowing the imposition of conditions on zoning through the Zoning By-law. The use of this requires policies to be adopted in the Official Plan relating to zoning with conditions. Zoning with conditions will enable the Municipality to require an agreement relating to the condition which may be registered on title of land. The Regulation for zoning with conditions is in draft form and has yet to be finalized. This will be explored further through the Municipality's Official Plan review. 642 REPORT NO_: PSD-077-07 MA. l REPORT NO.: PSD-077-07 PAGE 7 4.2 Height and Density 4.2.1 Bill 51 provides explicit flexibility to regulate the minimum and maximum density and minimum and maximum height requirements for new development. Although the language of the previous Planning Act permitted municipalities to "regulate the density of development", the Bill 51 amendment would make this ability clear. The Municipality of Clarington has previously instituted restrictions through area specific zoning by-law amendments, and therefore no changes to the Municipality's current development review practice is anticipated or required. 4.3 Development Permitting 4.3.1 All municipalities within Ontario now have the authority to implement a Development Permit System (DPS) of planning. The DPS represents a collapsed approvals process that integrates Zoning By-law amendments, site plan control and minor variances into one permit-based system. The DPS system is intended to provide a streamlined system which replaces the current zoning and site plan system with a system where a greater degree of discretion is provided to the Municipality at the time of application review. This system is an optional new tool that municipalities may choose to use. 4.3.2 From the standpoint of streamlining, this process would put into place one development application instead of three, with processing requirements under faster time lines, 45 days in a DPS as opposed to 120 days under the current zoning system. Opportunities also appear to exist to incorporate site alteration permits and tree-cutting permits within a DPS system as well 4.3.3 The DPS based system replaces the municipal Zoning By-law with a development permitting by-law which, like a zoning by-law prescribes permitted uses and standards. However, unlike a zoning by-law, a Development Permitting By-law also prescribes "discretionary uses". In the case of discretionary uses, additional information is typically required in order for the municipality to be satisfied whether the discretionary use should be permitted. In addition, a variation to development standards may also be requested through a DIPS. 4.3.4 In order to put a DPS in place, a Development Permit By-law is required to establish criteria for development, and limitations would be placed on the amount of variation or discretion that could be exercised by staff before an amendment to a Development Permit By-law would be required. 4.3.5 A Development Permit By-law could be appealed by any party that would otherwise have the right to appeal a zoning by-law. However, only a developer or proponent would have rights of appeal regarding a development permit application. This is similar to site plan applications where there is no avenue for third party (public) appeals to these approvals. 4.3.6 Through the DPS based system, opportunities are provided to include a broad range of conditions on the approval of new development. Such conditions can include such elements as ongoing monitoring requirements that are considered necessary for the 643 IDQDADT &IA . Men n77 n7 DAf2C 4 REPORT NO.: PSD-077-07 PAGE 8 protection of public health and safety or the natural environment; restoration of natural features and areas or contaminated lands; or for matters related to the provision of specified height and density of development or increases in these. 4.3.7 A local Development Permit System could not come into place until such time as a local municipality had Official Plan policies in effect to allow for their implementation, and after a local municipality has passed a Development Permit By-law, which has been subject to full public consultation and appeals processes under the Planning Act. The merits of introducing a DPS system and necessary policies will be examined as part of the Official Plan review. 5.0 SUSTAINABLE DEVELOPMENT AND COMMUNITY DESIGN 5.1 Exterior Building Design. Character and Appearance 5.1.1 Through adoption of Official Plan policies, municipalities are now provided authority to explicitly consider the exterior design of buildings. This allows for consideration of the character, scale and appearance of proposed buildings in relation to the surrounding environment. Although the municipality tries to address exterior design through site plan approval and architectural control for lots within plans of subdivision, the exterior design of buildings was typically considered beyond the purview of the previous Planning Act. 5.2 Sustainable Design 5.2.1 Additional tools for sustainable development have been included to allow municipalities to permit second units within dwellings as a provision within municipal official plans. Clarington already has these provisions in place, along with as-of-right zoning provisions for apartments-in-houses, subject to parking availability. 5.2.2 However, these provisions could ensure that sustainable design is incorporated into new subdivision proposals through such means as the design, unit mix layout or servicing of new subdivisions to promote energy conservation and having a provision for pedestrian walkways, transit accessibility and bicycle paths. Policies for sustainable design would be considered through the Official Plan review process. 6.0 EMPLOYMENT LANDS 6.1.1 As of January 1, 2007, municipalities now have the right to refuse proposals to convert employment lands into other uses, with no right to appeal such a refusal to the OMB. An area of employment is defined in the Planning Act as "manufacturing uses; warehousing uses; office uses; retail uses that are associated with the above uses; and facilities that are ancillary to these uses". 644 oconoT 41n . ocn-1`177-n7 DAf2C n REPORT NO.: PSD-077-07 PAGE 9 6.1.2 It should be emphasized that such provisions only came into effect for applications filed since January 1, 2007. Official Plan policies dealing with areas of employment must be reviewed through the five year comprehensive Official Plan review. The introduction of these requirements, allows municipalities to protect employment land from adhoc applications for redesignation. Employment land conversions are only through a comprehensive Official Plan review. 7.0 COMMUNITY IMPROVEMENT PLANS 7.1 Bill 51 has expanded the definition of community improvement to include construction and improvements to energy efficiency. The eligible costs for community improvement plan grants and loans has also been clarified and includes environmental site assessment and remediation, construction and reconstruction of lands/buildings for rehabilitation purposes, and the provision of energy efficient uses. Municipalities have the ability to register agreements concerning grants and loans on title of the land. 7.2 The definition of community improvement has been clarified to include the provision of affordable housing. In order to take advantage of the new community improvement plan provisions, the Municipality's Official Plan and Community Improvement Plan policies should be reviewed in the context of the future Official Plan review. 8.0 CHANGES TO THE CONSERVATION LAND ACT 8.1 Provisions in the legislation help to protect the environment by improving the use of conservation easements. A conservation easement is a restriction registered on title that protects important natural features by limiting development or restricting certain land uses for the term of the easement. Conservation easements have been used previously, but now the purposes for which conservation easements may be established have been expanded to include protection of water quality and quantity, watershed protection and management, and other purposes as necessary to support the long-term stewardship and protection of agricultural lands, natural heritage areas and important watershed features on private lands. 9.0 TRANSITION 9.1 The changes to the Planning Act noted above came into full force and effect on January 1, 2007. Changes to the Conservation Land Act came into effect in October of 2006. Planning applications, matters and proceedings commenced prior to January 1, 2007 are not subject to Bill 51, The Planning and Conservation Land Statute Law Amendment Act, 2006. Planning applications, matters and proceedings commencing on or after January 1, 2007 are subject to the changes resulting from Bill 51. However, Bill 51 requires that as of January 1, 2007, Council's decisions must be consistent with Provincial Policy Statements and conform to provincial plans that are in effect on the day that the decision is made. 645 REPORT NO.: PSD-077-07 PAGE 10 10.0 CONCLUSION 10.1 Through the legislative changes that have occurred through the enactment of the Planning and Conservation Land Statute Law Amendment Act, 2006, opportunities have been presented providing municipalities with additional authority to realize provincial and municipal planning objectives to create better designed, sustainable communities. Since the release of the Bill 51 Regulations, staff have been working to implement changes to the planning process brought about by the new provincial legislation. Through the Official Plan review one of the early phases will be to report to Council on the best approach for implementing these regulations in Clarington. It is recommended that Council pass the attached by-laws to delegate authority to determine "complete" applications and to mandate pre-consultation prior to submitting an application. Attachment: Attachment 1 - Delegating By-law Attachment 2 - Pre-consultation By-law 646 Attachment 1 To Report PSD-077-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2007- being a by-law passed under Section 23.1 of the Municipal Act thereby delegating to staff the authority to make decisions on whether planning applications submitted pursuant to the Planning Act and Conservation Land Statute Amendment Act, 2006 are deemed complete WHEREAS The Planning Act and Conservation Land Statute Law Amendment Act, 2006 received Royal Accent on October 19, 2006 and was proclaimed in effect on January 1", 2007; AND WHEREAS said Act amended the Planning Act thereby requiring Council to notify applicants within thirty (30) days from receipt of an application that said application is deemed complete; AND WHEREAS Section 23.1 of the Municipal Act provides Council with the general authority to delegate to a person or body various non-judicial responsibilities; and, NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. The powers of the Council of the Corporation of the Municipality of Clarington under Section 23.1 of the Municipal Act are hereby delegated to the Director of Planning Services to make decisions on whether planning applications submitted pursuant to the Planning Act and Conservation Land Statute Amendment Act, 2006 are deemed complete. 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 Abernethy, Mayor Patti L Barrie, Clerk 647 Attachment 2 To Report PSD-077-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2007- being a By-law to require all land owners/applicants to pre-consult with municipal planning staff prior to the submission of applications, plans and drawings to the Municipality of Clarington for all Official Plan Amendments, Zoning By-law Amendments, Draft Plans of Subdivision, Draft Plans of Condominium and Site Plans WHEREAS The Planning Act and Conservation Land Statute Law Amendment Act, 2006 received Royal Accent on October 19, 2006 and was proclaimed in effect on January 1", 2007; AND WHEREAS said Act amended the Planning Act to include a requirement for Municipality's to conduct pre-consultation of development applications; AND WHEREAS Council deems it appropriate to require pre-consultation with all applicants submitting applications, plans and drawings to the Municipality of Clarington for all Official Plan Amendments, Zoning By-Law Amendments, Draft Plans Of Subdivision, Draft Plans of Condominium and Site Plans; and, NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. For the purposes of interpretation of this By-law: "Pre-consultation" means the process whereby prospective development applicants consult with municipal staff prior to their formal application submission, in order to ascertain the municipality's information requirements including but not necessarily limited to studies,technical reports and drawings. 2. Pre-consultation with municipal staff shall be undertaken prior to the submission and acceptance of applications, plans and drawings by the Municipality of Clarington for all Official Plan Amendments, Zoning By-law Amendments, Draft Plans of Subdivision, Draft Plans of Condominium and Site Plans. 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 Abernethy, Mayor Patti L Barrie, Clerk 648 Clarington �oa��g me way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday June 8, 2007 Report#: PSD-078-07 File #: PLN 20.7.1 By-law#: Subject: FINANCIAL IMPACT ANALYSIS OF NEW DEVELOMENT AREAS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-078-07 be received; 2. THAT the Purchasing By-law 2006-127 be WAIVED and that Hemson Consulting Ltd. be retained to undertake the Financial Impact Analysis of New Development Areas for $60,000 subject to receipt of funding from the development proponents; and, 3. THAT any delegations be advised of Council's decision. Submitted by: Reviewed by: 4,0,00aoll� D vid . Crome, M.C.I.P., R.P.P. &dnklin Wu Director, Planning Services / Chief Administrative Officer /;lr�tm"� ;��Xeo�7 U ancy Tay r, .B. , C.A., Director o Finance. wl yC.rarvu�' A.S. Cannella, Director of Engineering Services CS/CP/DJC/df 31 May 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 649 oGOnor Nn • ocn-n7$Ln7 PAGE 2 REPORT NO.: PSD-078-07 PAGE 2 1.0 BACKGROUND 1.1 Section 5.3.8 of the Clarington Official Plan states that the Municipality may require a Financial Impact Analysis to be undertaken for major development proposals. The Municipality shall retain a qualified professional to undertake such a study, but the expense of the study is borne by the proponent(s). Where the analysis demonstrates that the development will have an adverse effect on the Municipality's financial situation, then the development will be considered premature and contrary to the intent of the Official Plan. 1.2 The Municipality of Clarington is currently reviewing development applications from Smooth Run Developments (Metrus Developments Inc.) and Brookfield Homes (Ontario) Limited for the North Village Neighbourhood in Newcastle Village. The Development Charges Study was prepared on the assumption that development was not anticipated in this neighbourhood until sometime after 2015. The Municipality requested that a Financial Impact Analysis be undertaken to understand the implications of these developments on municipal finances. The Municipality retained Hemson Consulting to undertake the study and the work has partially been completed. 1.3 Similar concerns were raised with development applications in the Northglen Neighbourhood and development applications submitted by Far Sight Investments. Reports on these applications have advised of the need for a Financial Impact Analysis. 1.4 The Municipality has been experiencing difficulty recently in terms of development charges funding, in part due to the impact of large infrastructure projects that are required to service development. This includes the grade separation improvements for Mill Street to serve Port of Newcastle and the grade separation for Green Road to service west Bowmanville. There has been strain on the park financing for new neighbourhood parks which are not keeping up with the pace of development. In addition, the Municipality has identified projects to service the Energy Business Park and the Science & Technology Park which are priorities for economic development objectives. 1.5 There are a number of large scale developments being considered in Bowmanville and Newcastle Village that are either subject to development applications or are within areas that are currently under neighbourhood design plan studies. The five (5) areas proposed for this Financial Impact Analysis are as follows: • Northglen Neighbourhood in Bowmanville • Far Sight Development in Massey Neighbourhood in Bowmanville • Port Darlington Neighbourhood in Bowmanville • North Village Neighbourhood in Newcastle Village • Wilmot Creek Retirement Community, Phase 8 650 REPORT NO.: PSD-078-07 PAGE 3 The total number of dwelling units proposed is approximately 5,000 units or a population increase of 15,000. In terms of the Municipality's infrastructure financing, all or significant portions of these areas were not anticipated to occur until after 2015. Prior to processing these applications, the Municipality of Clarington needs to understand the long term revenue and expenditure impact of these proposals on the Municipality's finances. In May 2007, staff requested Hemson Consulting to amend the scope of the initial Financial Impact Analysis for North Newcastle Village to include all of the above noted development areas. 2.0 POLICY CONTEXT FOR FINANCIAL IMPACT ANALYSIS 2.1 The efficient and cost effective expansion of infrastructure is addressed in the Provincial Policy Statement, Durham Region Official Plan and the Clarington Official Plan. 2.2 Provincial Policy Statement The Provincial Policy Statement 2005 has a number of relevant policies on growth management. • Municipalities are to manage and direct land use to achieve efficient development and land use patterns by promoting efficient development and land use patterns which sustain the financial well-being of the Province and the municipalities over the long- term; • Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources, and are appropriate for and efficiently use the infrastructure and public service facilities which are planned or available and avoid the need for their unjustified and/or economical expansion; • Planning Authorities shall establish and implement phasing policies to ensure the orderly progression of development within development areas and the timely provision of the infrastructure and public service facilities require to meet current and projected needs; • Infrastructure and Public Service Facilities shall be provided in a coordinated, efficient and cost-effective manner to accommodate projected needs. The use of existing infrastructure and public services should be optimized where feasible before consideration is given to developing new infrastructure and public services. 651 0Coll0T K1^ . Men A- o n7 MA.. REPORT NO.: PSD-078-07 PAGE 4 2.3 Region of Durham Official Plan Urban Areas shall be developed in accordance with the principles of sequential development, progressive extension, improvement rehabilitation and economical utilization or Regional water supply and sanitary sewerage facilities and minimization of financial impacts on the region. 2.4 Clarington Official Plan The Principles of the Clarington Official Plan state that public infrastructure and services to accommodate growth will be extended in an orderly and cost efficient manner. In considering an application for approval and phasing of residential development in' urban areas, including draft plans of subdivision the Municipality may seek to ensure: a) The sequential development of neighbourhoods on prevention of leapfrogging of vacant lands; b) Development in or adjacent to Main or Sub Central areas; and c) The economical use and extension of all infrastructure and services. Council may declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following circumstances apply: a) The plan does not implement the principles contained in Section 5.3.6; b) The municipal wide non-residential assessment is less than 15 percent of total assessment; C) The capital works and services required to service the lands and the future residents are not within the Municipality's current budget or 10 year capital works forecast as updated from time to time; or d) Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of services for those residents who would be accommodated in the proposed plan of subdivision as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. 3.0 STUDY PROCESS 3.1 The Methodology The methodology used for the Financial Impact analysis would quantify the cost of growth in the areas of the proposed development and identify the fiscal impact of the proposed amendments on the Municipality. In this respect, future assessment, property tax and development charge revenues and capital and operating expenditures will be analyzed. Both the capital costs associated with providing necessary infrastructure for the delivery of municipal services and the ongoing operation costs associated with maintenance and operation of municipal services will be identified. The study will also identify available revenue sources for both capital and operating expenditures to determine the net impact on Clarington. The timing of the necessary capital works in the context of the Municipality's broader growth related capital program and servicing 652 REPORT NO.: PSD-078-07 PAM= S REPORT NO.: PSD-078-07 PAGE 5 demands of other new development will be considered. In addition, the study would also provide an overview of Regional servicing requirements and constraints. The study approach would focus on costs and benefits of growth, and would integrate land use and demographic forecasts, identify the servicing requirements for the development areas based on servicing needs and costs data provided in the 2005 Development Charges Background Study, and calculate the resulting financial impact faced by the Municipality for both capital emplacement and ongoing operations and maintenance. It will consider alternative financing strategies and possible changes to the development process. 3.2 The Proposed Budget The proposed budget is $59,625.00 (not including GST). The proponents in each development area have been requested to fund this study on the basis of their own cost sharing formula. 3.3 Hemson Consulting Craig Binning of Hemson Consulting Ltd. was responsible for the preparation of the last three Development Charges Studies. Hemson Consulting is intimately familiar with the Municipality's infrastructure plans and the financing strategy contained in the Development Charges Study. Hemson has extensive experience in fiscal impact modeling as outlined in their proposal. As such, Hemson Consulting was retained by staff for the North Newcastle Village Financial Impact Study. The current proposal incorporates the North Newcastle Village area and replaces the earlier study. The scope of the revised work program has expanded to the range such that normally tenders would be required. Based on the information provided above, it is recommended that the purchasing by-law be waived and that Hemson be retained to undertake this work. The Study is intended to be fully financed by the development interests and it would not proceed until such time as the funding for the study is provided by the Developers Group. Although the study will involve input from all departments, a project Working Group will be established with staff from Planning, Engineering, and Finance. The Region of Durham will participate in this Study in order to coordinate regional servicing requirements. 3.4 Developer Contribution On Friday June 1, 2007, staff met with the development interests of the five areas identified in this report. The developers have agreed to fund this project and will be submitting their letters to proceed with the necessary funds by June 15, 2007. 653 REPORT NO.: PSD-078-07 PAGE 6 4.0 CONCLUSIONS 4.1 There are a number of large scale development applications currently before staff which do not align with the timing assumptions in the Development Charges Background Study. Consideration of these development applications must be evaluated in the context of other projects currently budgeted for or forecasted for in the Development Charges Study. The Financial Impact Analysis will assist staff in determining overall fiscal impact on the Municipality in dealing with the infrastructure requirements to service new development. Attachments: Attachment 1 - Key Map Attachment 2 - Hemson Proposal for Financial Impact Study List of interested parties to be advised of Council's decision: Sernas Associates D.G. Biddle Associates The Kaitlin Group Kevin Tunney, Tunney Planning Inc. Roslyn Houser, Goodmans 654 REPORT NO.: PSD-078-07 INTERESTED PARTIES LIST REPORT NO.: PSD-078-07 INTERESTED PARTIES LIST Nick Mensink Sernas 110 flScotia Court Whitby, ON L1 N 8Y7 Associates Unit 41 Bob Annaert D.G. Biddle 96 King Street East Oshawa, ON L1H 1 B6 Associates Ltd. Kelvin Whalen fGoodmaFnsFf250 9 McNico"Avenue Scarborough, ON M1W 3W6 Kevin Tunney Byron Street South Whitby, ON L1N 4P8 te 200 Roslyn Houser Yonge Street Toronto, ON M56 2M6 te 2400 655 i m Attachment i y To Report PSD-078-07 W • 2 II maw �cl) I 035 � W> Z N .�►t^.' a 133LL5 H1bJN (� 49% 3 W 2 r w sic .00 Z t atl0tl 3N11NNW13NtlV1Uil01'�NlltltlU W 0 t ar O of L -�W 3w s � W � w o. c E W E Q� U 0 .- 0Y ssN 7 Z d CO • �' w�. Z - I oa LL O ■ = a I o 1 ■ N 133SLL5 .LLM3&l W J J z Z Z U L J O O ,/ m Z E ,r Q 3, ao I is aroa N~0 r sg oW ° 5 iCVM N33tl3 V 656 Attachment To Report PSD-07"' FINANCIAL IMPACT ANALYSIS OF NEW DEVELOPMENT Municipality of Clarington HEMSON Consulting Ltd. May 24, 2007 657 TABLE OF CONTENTS P� BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. METHODOLOGY OF NEW ASSIGNMENT REMAINS UNCHANGED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. HEMSON IS WELL QUALIFIED TO COMPLETE A SUCCESSFUL STUDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If PROPOSED WORKPLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Initial Meeting with Project Work Group . . . . . . . . . . . . . . . . . . . . . . . . 4 2. Data Specification and Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Financial Impact Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4. Preliminary Findings Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5. Establish Growth Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6. Prepare and Present Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 111 EXPERIENCED CONSULTING RESOURCES WILL BE ASSIGNED TO THIS STUDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A. HEMSON HAS EXTENSIVE EXPERIENCE IN FISCAL IMPACT MODELING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 B. THE CONSULTING TEAM HAS HIGHLY EXPERIENCED PROFESSIONALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 IV CONSULTING ARRANGEMENTS AND BUDGET . . . . .. . . .. . . . . . . . . . . . . 11 HEMSON 658 1 BACKGROUND In 2005 the Municipality of Clarington received an application to amend the Clarington Official Plan from both Smooth Run Developments (Metros Developments Inc.) and Brookfield Homes (Ontario) Limited. The amendment requested an increase in population and housing targets for Newcastle Village and the North Village Neighbourhood. Development of the subject lands under the application would provide for up to 1,700 new residential units.The Municipality was not anticipating development of the lands until the period beyond 2015. The Municipality needs to understand what the long term revenue and expenditure impact of the proposed development would be on the City's finances.Accordingly, staff of the Municipality has recommended, and Council has supported, that the application undergo additional review and consideration, including: That the applicants be required to undertake a Financial Impact Analysis to address the impacts of these proposal on the Municipality. This financial impact analysis is further to section 5.3.8 of Clarington's Official Plan that requires an analysis fo this type for any large scale developments. Accordingly, in 2006 Hemson Consulting was hired by the Municipality to undertake the analysis of the proposed OP amendment. In May, 2007 staff of the Municipality requested that Hemson submit a proposal and workplan to expand the scope of the financial impact analysis.The new assignment would include all new development proposed in Clarington to build out of the Municipality's Official Plan and anticipated under the Municipality's 2005 Development Charges Background Study. The new development comprises: 1. Brookhill Development in Bowmanville 2. Northglen Development in Bowmanville 3. Far Sight Development in Bowmanville 4. Port Darlington Development in Bowmaville 5. Wilmot Creek Retirement Community, Phase 8 6. North Newcastle Village Development in Newcastle HEMSON 659 2 Through the most recent Development Charge Study review the majority of the above developments were anticipated to occur after 2015. The Wilmot Creek Retirement Community, Phase 8, proposal is currently beyond the existing urban boundary and was not contemplated at all. A. METHODOLOGY OF NEW ASSIGNMENT REMAINS UNCHANGED The study objective is to quantify the cost of growth in the areas of the proposed developments and identify the fiscal impacts of the developments on the Municipality.In this respect,future assessment,property tax and development charge revenues,and capital and operating expenditures in Clarington will be analyzed. The methodology used for the financial impact analysis of all new development would be the same as that employed for the analysis of the North Newcastle Village development. Both the capital costs associated with providing the necessary infrastructure for the delivery of municipal services, and the ongoing operating costs associated with the maintenance and operation of municipal services, would be identified. The study would also identify available revenue sources for both capital and operating expenditures to determine the net impact on Clarington. This would include an assessment of the fiscal impact of establishing front-ending or similar cost sharing arrangements between the Municipality and the developers.This assessment would be used by the municipal solicitor in providing advice to Council on such options, as proposed by some of the developers. The timing of the necessary capital works in the context of the Municipality's broader growth-related capital program and the servicing demands of other new development would be considered. In addition, the study would also provide an overview of Regional servicing issues and constraints. Hemson's approach to the study would focus on the costs and benefits of growth, and would integrate land use and demographic forecasts, identify the servicing requirements for the expansion area based on servicing needs and cost data provided in the Municipal- ity's 2005 Development Charges Background Study (costs and timing of works to be reviewed with Municipal staff), and calculate the resulting financial impact faced by the Municipality for both capital emplacement and ongoing operations and maintenance. HEMSON 660 3 B. HEMSON IS WELL QUALIFIED TO COMPLETE A SUCCESSFUL STUDY Hemson Consulting has considerable experience in the development of economic and fiscal assessment models and is highly respected for its work in the development charges area.Our approach is to work closely with the Municipality's staff to develop models and analysis which are concise, clear and easily understood. The models developed for undertaking the analysis are flexible and permit changes to be made easily in response to revisions in input data and planning assumptions. Hemson is ideally suited to undertake this assignment based on our expertise in both fiscal impact modeling and development charges and our experience with the Municipality of Clarington. In the following section the approach we propose for this assignment is described.In the subsequent sections we identify the consulting resources we would assign to the project and provide our fee proposal. Resumes of key staff involved in the assignment and our firm's qualifications are provided in the appendices. HEMSON 661 4 11 PROPOSED WORKPLAN The proposed workplan is shown schematically on Exhibit 1. It is scheduled so that the analysis is undertaken in June and July 2007, the presentation of preliminary findings is made in August,and the preparation and presentation of results is completed by the third week of September. In the workplan it is proposed that the current Project Working Group established for the original North Newcastle Village financial impact analysis be maintained.Staff members from the key departments impacted by the study — Planning, Engineering/Building, Finance,Community Services, Operations, and Emergency and Fire Services—will have to be consulted regularly during the study process.The involvement of some departments, such as Community Services and Emergency Services, may be more limited and we will discuss this at the initial meeting. It is our experience that the use of working groups facilitates the collection and consistency of data as well as the understanding and knowledge of key staff regarding the study methodology and results. We will work closely with the Project Work Group throughout the study. 1. Initial Meeting with Project Work Group A meeting of the Project Work Group is proposed to kick-start the project.It is proposed that this meeting take place early in the week following the awarding of the study. The objectives of this meeting will be to: • review the proposed workplan and time lines; • review the proposed study approach; • identify and receive key background data required to conduct the study; • receive available planning and land use information for the proposed expansion areas; • receive copies of any additional servicing studies; • discuss other data required from departments for forecasting capital and operating costs; • discuss the degree to which Regional services and impacts will be examined; and HEMSON 662 AL !® \ 2 ! � } ) | \ ( \ � ) ) f w ! ! ! ! ! | ` � ® f ! ` � ! ! ! ! 663 5 • discuss key service and financial issues which will require attention during the development of the fiscal impacts. 2. Data Specification and Collection During this stage of the study the specific data required to undertake the analysis will be defined. Hemson will define the specific requirements and develop the required cost/revenue data. Some assistance will be required from Municipal staff and the developers for the collection of base data.The types of data that will be required include: • the anticipated amount, type and location of proposed development (an estimate of the amount of development by ten year periods will be required in order to calculate development charges for certain services in accor- dance with the Development Charges Act); • identification of the capital infrastructure required to service the proposed development areas; • the Municipality's historic current service standards for recreational and cultural facilities, fire and policing to determine the amount of capital infrastructure required for these services and the amount recoverable from development charges; • operating cost data, to determine the marginal cost impacts of operating and maintaining the new infrastructure; • evaluation of growth,issue, such as timing of development and impact on other development in the development areas and the balance of the Municipality; • consideration of Regional servicing issues; • average assessment data by property tax class to provide the basis for the assessment forecast for the expansion area. During this stage of the project the fiscal model will be developed. In many ways the model will resemble a development charges model.The model will provide for the capital servicing plans for each municipal service, identify the growth related net capital costs which are recoverable from development charges,and non-growth related capital funding requirements, as well as the ongoing operating costs arising from development of the expansion areas. The model will also include elements that go beyond a development charges model- one module will provide assessment forecast for the expansion areas. The model will also include the value of capital infrastructure that will be developed within plans of subdivisions and the operating and maintenance costs associated with this infrastructure. The model will be user friendly and flexible, so that assumptions can easily be revised. HEMSON 664 6 3. Financial Impact Analysis During this stage of the study we will use the model to develop the capital and operating cost/revenue forecast for development in each of the expansion areas.Each service will be analyzed separately. a. Capital Forecast A capital forecast will be developed for each service based on the servicing requirements identified by departments. The capital forecast will consider two types of capital: • Growth-Related Capital to be emplaced by the Municipality.This would include the roads works, the construction of storm drainage facilities, impact on Community Services,fire stations, expansion of fire fleets, etc. As with a development charges study, the portions of projects to be financed from development charges as well as portions requiring non- development charge funding(e.g.non-growth shares, 10 per cent discount portion) will be identified. The latter costs will affect tax rates either as debt charge financing or capital from current. For "soft" services such as Community Services,this will require identification of the Municipality's ten year average service level so that the amount of funding to come from development charges can be calculated. • Capital Received Through Dedication — the amount of servicing to be emplaced within residential and non-residential subdivisions will need to be estimated by departments.This includes the length roadways,sidewalks, etc., so that the operating and maintenance costs associated with these services can be quantified. b. Operating Costs and Revenues The analysis of operating costs for the expansion area will be based on the Municipality's 2007 budget. Costs/revenues will be developed for key services on a program or sub-program basis,e.g.$/lane km for winter maintenance vs.$/km of road shoulder maintenance. Costs will be forecast on a marginal basis, exclusive of departmental and central administrative costs,for our experience suggests the loading of"overheads" is not as realistic as it once was. It is proposed that these costs be isolated, and their growth forecast at independent rates based on assumptions defined through discussion with departmental representatives. The analysis of operating costs and revenues will be exclusive of debt charges or other capital financing. Capital financing requirements (debt, capital from current) will be considered in the capital forecast. HEMSON 665 7 Operating revenues will be forecast by service based on either average consump- tion figures per development type (residential vs non residential) for roads (trip generation),or based on the Municipality's average cost/revenue ratios for services such as recreation centres. Adjustments to these averages may be required if departments anticipate different demand levels in the expansion area. The net operating cost impact will be calculated by service, and the total net operating cost impact to be met through property taxation will be determined. Property tax revenue will be based on a forecast of assessment for each of the expansion areas based on average assessments for the different property types and reflective of the appropriate tax classes. C. Overall Impact The resulting financial requirements determined in the forecasts of capital requirements, operating costs and revenues will be consolidated to determine the overall fiscal impact on the Municipality of the proposed developments. Annual tax impacts will be calculated to build-out of each of the development areas. 4. Preliminary Findings Meetings The preliminary results of the financial impact analysis will be presented in workshop sessions to the Project Working Group, developer representatives, and members of Council for their input and review. 5. Establish Growth Scenarios With the assistance of the Project Working Group and senior municipal staff a number of growth scenarios for the Municipality will be established. The growth scenarios will consider the rate and quantum of growth arising out of the six developments as well as the Municipality as a whole. Particular attention will be paid to determining the degree to which the six developments displace growth anticipated in the Municipality or stimulate growth over and above that already projected for the Municipality in the 2005 Development Charges Background Study. The growth scenarios will include a base case in which growth, and the timing and cost of future infrastructure, proceeds according to the forecasts in the 2005 Development Charges Background Study. HEMSON 666 a 6. Prepare and Present Report With direction from Municipal staff, a draft report will be prepared. The focus of the report will be the financial impact of each of the growth scenarios established in Step 5. The report will summarize the capital and operating cost/revenue forecasts and resulting fiscal impacts as calculated in Step 3 for each of the growth scenarios.The report will also summarize the capital and operating cost/revenue forecasts by service,the key assumptions on which the forecasts were based, and will identify the overall fiscal impact on the Municipality in terms of a tax impact and on development charge reserve funds.Detailed capital and operating cost/revenue forecasts by service will be included as appendices. The report will be presented to the Project Working Group in August for their review. The workplan provides for presentation of the final report to the Municipality's General Purpose and Administration Committee and the public. Two additional meetings with developer representatives prior to finalization of the report are also incorporated into the workplan. HEMSON 667 9 III EXPERIENCED CONSULTING RESOURCES WILL BE ASSIGNED TO THIS STUDY A very strong consulting team with extensive experience in the development of fiscal impact models and development charges is proposed for this study.A brief summary of our firm and the study team members who will be involved in the study follows. A. HEMSON HAS EXTENSIVE EXPERIENCE IN FISCAL IMPACT MODELING Hemson Consulting Ltd. was incorporated in 1983. The firm specializes in public policy advice in the areas of municipal finance, development planning, demographic and economic forecasting, and real estate valuations.The staff includes finance professionals, planners, demographers, real estate specialists and economists. Hemson's offices are located in Toronto. Hemson has developed some of the most detailed municipal financial models for long-range financial planning and fiscal impact analysis in the Province,dealing with the full range of municipal services in many different situations.We have recently completed and are working on a number of fiscal impact models for a variety of municipal clients including; the Cities of Brampton, Vaughan and Peterborough, Towns of Innisfil, Blue Mountains and New Tecumseth and many others. We have also recently completed a detailed Long Range Financial Plan for the City of Greater Sudbury. Financial impact models have also been developed for the Town of Richmond Hill,the Town of Markham and the Region of Peel.The firm is also highly regarded by both its municipal clients and the development industry for its aggressive,yet fair,reasonable and thorough approach to development charges. B. THE CONSULTING TEAM HAS HIGHLY EXPERIENCED PROFESSIONALS For this assignment, we are proposing a very strong consulting team with extensive experience in long range financial planning for municipalities. HEMSON 668 io Craig Binning, Partner — Craig has extensive experience with long-range financial planning and the Development Charges Act for municipalities.He has recently directed the development of a number of long-range financial planning models,including those for the Town of Aurora and Town of Innisfil, and currently is leading similar projects for the Town of the Blue Mountains and City of Peterborough. Craig has directed numerous development charge studies under the Development Charges Act, I997, including for: the Municipality of Clarington; the Cities of Thorold, Aurora, Windsor, Peterborough and Owen Sound; the Towns of Innisfil, New Tecumseth, Penetanguishene; and the Townships of Springwater,Brock,Scugog and Uxbridge.Craig also assisted the Region of York on the transportation component of its most recent development charges study. Russell Mathew, Associate Partner—Russell has 20 years of professional experience in demographic and economic forecasting, strategic planning and land economics. He has prepared forecasts of population,housing and employment for all major cities in Canada and for most municipalities in southern Ontario.Russell has directed and/or undertaken all of the firm's demographic and economic forecasting work over the past 15 years including Clarington's 2005 development charges study. He has also managed many growth management projects throughout southern Ontario. Stefan Krzeczunowicz, Consultant — Stefan will be assisting Craig throughout the assignment. Stefan has experience in all aspects of fiscal impact and development charge studies and has recently been involved in studies on behalf of Clarington, Halton Hills, and the Counties of Grey and Peterborough. He has been assisting Craig with the financial impact analysis of the North Newcastle Village development. HEMSON 669 11 IV CONSULTING ARRANGEMENTS AND BUDGET The proposed total upset budget for this study, including professional fees and disburse- ments,is$59,625.The budget is summarized by major work task in Exhibit 2.Invoices will be submitted monthly indicating time spent and expenses incurred on your behalf. Questions concerning this proposal may be directed to Craig Binning,at(416) 593-5090 (ext. 20). Yours very truly, HEMSON Consulting Ltd. Craig Binning Partner HEMSON 670 W INO b O {NO O d M N 1'1 Hf A J F LL O N N O O N N mN qN N N A O t^O NH 0 C p O O O O O O O O 0 N O IOp w01 O O N N 7 N K y U O m ap d O d Y c N O O O O N N LL � O N N O O lV N m m p o Q 1� N N Ol C m a f co C z _ !� h N tOp N CNO Z F N m 3 d _ l7 N ._ O N d o LL W - W W 19 !A H N Z w W Q Z p N yLL U LL — N O O O O N O N p t b w N c ui r o r J O ? ? N N p ?u f x � o = Z Q0 d O w Cl Q N O t7 r E N U 0 7 �y w w w w w w n c m e N h m p N 0 m N w _ } j y Ti w O N N O N O N G 1! LA U5 W JFF Z 1 p U N M N N r p V a a 0 LL p C K d V U LL Za m � a w J a LL U Q Z LL d ~ d ('7 � C G W p w w C w d m d W O C N C N U !L C d .p LL O 41 C C m m d N C N_ d q q D. n C E a m C 0 0 d m - m 6 O d N A d O LL a W a U N O YO- A N t7 Q N N O f 671 C laris "hi'n the Wa eads g y REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8 , 2007 Report #: OPD-007-07 File #: By-Law #: Subject: CLARINGTON PITCH-IN CANADA CLARINGTON CLEAN AND GREEN Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-007-07 be received for information. Submitted by: Reviewed by: Fr orvath ranklin Wu, B. , R.D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations FH\sa 801 REPORT NO. OPD-007-07 PAGE 2 BACKGROUND: The 41St Annual Pitch-In Canada Week across Canada took place April 23rd to 28th. The campaign theme was Operation Clean Sweep. Clarington's campaign them was "Clarington Clean and Green". The objectives of the campaign include: • Cleanup, restore and beautify the environment by cleaning up litter and other garbage from urban, rural and wilderness areas and by initiating local products such as habitat preservation and restoration and urban renewal activities. • Encourage voluntary action as a means of resolving environmental problems. • Encourage civic pride and develop long term working relationships for the future. The Clarington Pitch-In Canada Events were a big success with over 4,000 participants and 49 locations (compared to 34 in 2006). Approximately 5.2 tonnes of garbage was collected from our boulevards, parks, trails and open space areas. A challenge was issued to the schools across Clarington to strive for 150,000 minutes of participation. They met the challenge with 225,000 minutes. The total community minutes was 263,340 minutes of volunteer time. The Municipality of Clarington participants and locations in the 2007 campaign are listed below: r peration 2007 Clarington Clean and Green Events Clean Sweep Wednesday A ri111 Location Contact Saunders To Burk Court Walkway Doug Hartford Saturday Aril 14 Location Contact Bloor to Troll's Rd. Ho a Fellowshi Church , Alice Brink Wednesday A ri118 Location Contact Bowmanville High School Rhonda Story and Students 802 REPORT NO. OPD-007-07 PAGE 3 Friday Aril 20 Location Contact Vincent Massey Public School Lanna Gaha an and Students Ontario St. Public School Sylvia Leipner, Vice Principal and Students Saturday Aril 215 (Earth Da Location Contact/Organization Hampton Community Hall and Area Blvds. Grace Morris, Hampton Citizens Association Middle Rd. from Concession 7 to Susan Dermarkar, Enniskillen Scout Group Concession 8,Enniskillen Pebblestone Rd. John Schoonderbeek Monday Aril 23 Pitch-In Week Location Contact Village of Orono and Orono Park Pamela Werry, Pine Ridge District Orono Girls Guides Harold Longworth Public School and Nancy Pitt, Principal and Students Longworth Park Dr. Ross Tilley School & West Side Park Claire Hudson-McLean and Students, Environmental Club Central Public School and Area Blvds. Leisa Rook and Students Tuesday Aril 24 Location Contact Dr. Emily Stowe Public School and Stuart Leslie Skelding and Students Park Sandringham blvds. and Dr. Emily Stowe Lucy Laroche and Jordan Therrien School and Stuart Park Nash Rd. between George Reynolds and Lisa Ferguson and Family Centrefield Concession Rd. 8 between Woodley& Jim Woodley Liberty St. S Wednesday Aril 25 Location Contact Rudell east to Trail and Edward St. Kim Robinson Newcastle Girl Guides Newcastle Courtice Rd from Hwy 2 to CCC Kristin McKinnon and Bob & Maureen Dingman Clarington Central Secondary School, school Karen Boyd and Students and surrounding area Thursday Aril 26 Location Contact Courtice Millennium Trail & Courtice Susan Bragg and OPG Staff Complex Courtice Millennium Trail & Courtice John Howden and Students Complex Courtice North Public School Kathryn Arthur 803 REPORT NO. OPD-007-07 PAGE 4 Saturday Aril 28 Location Contact Drop Off Area at Animal Services Staff: Kaye Rand 1 HABITAT CANADA 2 CELLULAR PHONE drop off area Orono Region Yard-Blue Box and Staff: Phil Broome Compost Event Helpers-Correy and Devon Broome Bowmanville Valley Staff: Larry Postill Assisted by Lilly Hinton of Tim Horton's King Ave from Memorial Park to whole in Staff: Murray Devitt the wall Assisted by Debbie Devitt Concession Rd. 3 between Liberty & Staff. Bob Genosko Mearns Soper Creek Trail east of Shoppers Drug Staff: Natalie Anderson Mart entrance Jill Thertell,Bowmanville Scouting Group Gary Ball Simpson Ave blvd by Visual Arts Centre Sylvia Jas ers-Fa er Mill Street South at Hwy 401 Interchange Horvath and Bell Families and Neighbours Avondale Parkette, Courtice Rd. by Holy Kelly Jones and Neighbours Trinity High School and surrounding area Walkways at Hetherington/Quinn and Heather Cooke Lawrence/Hol ate Newcastle Memorial Park and Walbridge Jen Stycuk Family and Neighbours Park Squire Fletcher—open space behind street Steve Daize Swindell by open space and railway tracks Brian Easton 4 comers at 115 interchange by McDonalds Cathy Hammond,Manager of McDonalds Newcastle to Concession Rd. 3 Gord Robinson' and Group Newtonville Rd. 401 interchange Linda Farrow Baseline and Concession 1 east of Dave &Dorothy Imlach Newtonville Trull's Rd. from Hwy 2 to Bloor St. Adrian Foster and Lions Club of Courtice Clarke 4 line east of Reg. Rd. 42 to Pollard Karen Murphy and Quincey Clarke Rd. and to Pollard Rd.N. Concession Rd. 8 dead end in Kendal Bill Stapleton Meares Ave. from Concession St. to Charlie Ryan Guildwood Rutherford Trail Charlie Trim and Orono Lodge Masons Mill St. S., south of 401 interchange and Willie and Donna Woo helped at Concession 3 between Liberty St. N. and Meams Ave. Open space behind Auburn at Farewell Elizabeth and son Greg Sampson Creek Bowmanville west by Canadian Tire Ron Hooper -entrance to Valleys 2000 804 REPORT NO. OPD-007-07 PAGE 5 Location Contact west side of Roenigk Dr.by traffic lights NOTE—The following groups could not participate during Pitch-In but organized their groups for the following dates: Tues May 1 Location Contact Finish cleaning Concession 3 between Stephen Janssen and Students, Knox Liberty St. N. and Meams Christian School Saturday May 5 Location Contact Port Darlington Community Port Darlington Community Association Glenda Gies Ha don Community Andrea Anfossi Sat May 12 Location Contact Hwy 2 from whole in the wall to pumping Nancy Mallette, Bloomfields Staff station Newcastle Saturday October 13 Location Contact Oak Ridges Trails Association ORTA 49 locations 2007 - 5.2 tonnes collected in 2007 - 4.5 tonnes collected in 2006 RECYCLING DROP OFF AREA: This year Habitat Canada was located at the Animal Services Yard on Saturday April 28th. Residents dropped off items to assist habitat Canada to build homes or sell items to raise money to buy what they need to construct homes. They were so pleased with the results they have already committed to join us again for our 2008 event next April. The Region of Durham were selling their blue boxes, green bins and composters at the free compost give away on Saturday April 28ths held at the Orono Region Yard. Unfortunately this event was not as successful as in previous years. A different location will be considered if this event is held in 2008. The cellular phone drop off area was more successful than in previous years. It was noted from comments from the public that most residents are not aware that 805 REPORT NO. OPD-007-07 PAGE 6 their cellular phones can be recycled the same as old computers. Cellular phones and their batteries (which is hazardous waste) should not be put in the landfill. It should be noted that without the help of our sponsors, Ontario Power Generation, Tim Horton's of Newcastle, Orono and Bowmanville, Waste Management, Rose Valley Homes and Baywood Homes, our campaign would not have been as successful. WASTE SPECIAL EVENTS The Region of Durham will be offering two special events for Clarington residents this fall. A Household Hazardous Waste Drop Off will be held Saturday, September 15th which will highlight "a call for all batteries". An a-Waste Collection (used electronic equipment) will be offered Saturday. October 20th. Both events will be held at the Animal Services Yard, 33 Lake Road, Bowmanville from 9:00 a.m. to 12 noon. 2008 PITCH-IN INITIATIVES: Staff will continue to develop activities with community organizations, businesses and industry. Some of the initiatives may include: 1. Clarification of Canada Post's Consumers Choice Program. 2. Development of Municipal Resource Booklet identifying organizations who will reuse, recycle or dispose of various products. 3. Implementation of Clarington's Environment Day which will include Household Hazardous Waste, reusable household building materials, electronic equipment recyclables, cell phone and batteries. 4. Smart Gardening Workshops to promote environmental friendly lawn and garden practices. 5. To recognize groups and individuals who voluntarily help to keep Clarington a cleaner place. 6. To encourage the Province of Ontario, Ministry of Transportation to increase their maintenance along the grassed areas especially at Highway 401/Mill St. Interchanges. 806 REPORT NO. OPD-007-07 PAGE 7 7. To investigate the Community Educational Programs including Crime Stoppers with Region of Durham Police for illegal dumping. 8. To investigate the Durham Regional Police Restorative Justice Program initiative. 9. Development of a Corporate Litter Partnership Program. CONCLUSION "Pitch-In Week" is an excellent Community based program that encourages Community involvement and promotes volunteerism and instills Clarington pride. Individuals, groups, organizations will be encourage to participate in programs that will keep Clarington Clean and Green. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE,ONTARIO L1C 3A6 T(905)263-2291 F(905)263-4433 807 nClark L the Wa �✓ . g eadin y REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Report#: OPD-008-07 File #: By-Law #: Subject: CEMETERY TARIFF OF RATES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-008-07 be received; 2. THAT the proposed tariff of rates as outlined on attachment 1, 2, 3, 4 be approved; and 3. THAT the proposed tariff of rates as outlined be forwarded to the Ministry of Government Services for approval. Submitted by: 14, Reviewed by: Fre o ath anklin Wu, .M.R., R.R.F.A. Chief Administrative Officer Director of Operations 808 REPORT NO. OPD-008-07 PAGE 2 BACKGROUND AND COMMENT: The Operations Department maintains Bowmanville, Bondhead, and St. Georges Cemetery. It should be noted that the Municipality took complete ownership of St. Georges in April, 2006. The proposed tariff of fees and rates identifies the fees that are charged for interment rights and cemetery services. The interment rights and cemetery services include plot, lot, and niche purchases, interments, disinterments, installation of foundations, headstones/footstones and other administrative costs as outlined. The Cemeteries Act (Revised) RSO 1190,c.C.4 section 35 states that every cemetery owner who sell, assigns or transfers interment rights shall establish a trust fund for the purpose of providing money for the care and maintenance of the cemetery. The perpetual care fund, according to the act is used for the upkeep of the cemetery, the markers, and all the structures in the cemetery. Forty percent of all fees collected are placed in this fund. Staff is recommending a multi-year fee increase, similar to our sports fields rates and fees that were approved earlier this year for cemetery services. The 2007 will take effect on September 1, 2007 to allow time for Ministry approval. The following year's increases will take effect on July 1 for 2008, 2009 and 2010. As a result of correspondence directed by Council to staff, the possibility of a memorial butterfly friendly garden is being considered. The preferred site of this garden is Bowmanville Cemetery. Volunteers and staff will be finalizing the plans and submitting them to the Ministry of Government Services for review and approval. Staff will be reporting further on costs, donations, installation and co-ordination of maintenance. 809 1AGPA REPORTS 2007\OPD-008-07;Cemetery TaWN and Rates.cm REPORT NO. OPD-008-07 PAGE 3 Attachments: Attachment #1 - Cemetery Tariff of Rates 2007 Attachment#2 - Cemetery Tariff of Rates 2008 Attachment#3 - Cemetery Tariff of Rates 2009 Attachment#4 - Cemetery Tariff of Rates 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)263-2292 F(905)263-4433 810 ,anon ocnnorc nnnTnon ono m.n......a....•Tnriib nnA Oa1e�rl� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Attachment No.: 1 Report No: OPD-008-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE'A"TO BY-LAW 2007- _ CEMETERIES -PROPOSED TARIFF OF RATES 1. SALE OF PLOTS Type of Lot Dimension Dimension 40% Rate 6%GST Total Bowmam4lk Bondhead Perpetual Care Rate Sin le 3'X 9' 3'X 9' 424.36 1 D60.90 63.65 1124.55 Bab land 1.5'X 3' 1.5'X 3' 148.53 371.32 22.28 393.80 Cremation 2'X2' 2'X 2' 148.53 371.32 22.28 393.60 2. SALE OF CREMATION NICHES Columbanum Niche Sim 115% Rate 6%GST :.'64 Perpetual Cam Rate Single (including 12"X 12"X 127.31 848.72 - 5092 Plague 12• Double (including 17 X 12"X 190.96, 1273.08 76.38 1349.46 Pia ue 1Y• 3. INTERMENT Rate 8%GST Total Adult-Sin le De th 583.50 35.01 618.51 Adult-Double De th 732.02 43.82 775.94 Infant!Child 212.18 12.73 224.91 Cremation 212.18 12.73 224.91 Niche Wali 106.09 6.37 112.46 4. DISINTERMENT CHARGES Rate a%G5T Total Disinterment(adult)including reburial at 866,71 58.00 1024.71 the same location or at another location in tL e same cemete Disinterment(adu8)cir burtsl at another - 817.98 49.06 867.06 =ant(child)including burial at 607.79 36,47 644.26 another location In the same cemetery Disinterment(ohlld)Including reburial at 545.32 - 32.72 578.84 same we or different cemetery Disinterment(intent/ ation)Including 262.74 15.76 278.5 reburial at another location In the same cemetery Disinterment(infant!cremation)including 179.46 10.77 190.23 reburial at same grave or different cemet 5. HOLIDAY AND OTHER SURCHARGES Rate 6%GST Total Interment on Saturday.Sunday and -298.44 17.91 316.35 Statutory Holida fee is additional Disinterment for double depth burial(fee is - 192.35 11.54 203.89 additional Rental for lowering Device,set up and 72.38 4.34 76.72 dressin Provinael License Fee(except for 10.00 It 10.00 c emotio Cremation Interment On Saturday,Sunday 106,09 6.37 112.46 and Statub Hollds fee is additional 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rate 6%GST Total Monument foundation flat fee 248.87 14.93 263.80 Flat Marker Foundations flat fee 150.71 9.04 159.75 Cremation I Baby Markers flat fee 63.45 3.81 67.26 Removal of Monuments 47.60 2786 50.46 7. TRANSFER Fee 16.86 1.01 17:87 8. PERPETUAL CARE Rate 6%G5T Total Headstone Maintenance 100.90 6.00 106.00 Footslona Maintenance 50.00 3.00 53.00 8� � IncwHYUr1AIIUNOFTHE MUNICIPALITYOFCLARINGTON SCHFnl 11 F"A"Tn nV-1 AW 9fxna_ AtWhMent No.: 2 RCPott No: OPD-008-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE"A"TO BY-LAW 2008. CEMETERIES •PROPOSED TARIFF OF RATES 1. SALE OF PLOTS Typo of Lol i2'X n2' 2'X n 48% Rah 6%GST Total Perpetual Care Rate Sin le 9' 437.09 1092.73 65.56 1158.29 Bab and 3' 152.98 382.46 22.95 405.41 CremaCwn 2' 152.98 382.46 22.95 4D5.41 2. SALE OF CREMATION NICHE S Columbarium Niche Size rp% Rah 6%GST Total Perpetual Care Rah Single (including 12"X 12"X 131.13 874.18 52.45 926.63 Pla us 12" Double (including 12"X 12"X 196.69 1311.27 78.68 1389.95 Plague) 12" 3. INTERMENT Rate --- 6%GST Total Adult Sin le Depth 1 - 601.01 36.06 637.07 Adull-Double Depth 1 753.98 45.24 799.22 Intent/Child - 1 218.55 13.11 231.66 Cremation 1 1 218.55 13.11 231.66 Niche Wall - I I 109.27 6.56 115.83 A. DISINTERMENT CHARGES Rata 6%GST Total Disinterment(adult)including reburial at 995.71. 59.74 1055.45 the same location or at another location In the same tamale ry Disinterment(adult)for burial at another ,842.52 50.55 893.07 Disintermcame ent(child)including burial at 626.02 37.56 663.58 another location in the some cemetery Disinterment(child)Including reburial at 561.68 33.70 595.38 same rave or different camatery Disintennant(infant!cremation)including 270.62 16.25 286.86 reburial at another location In the same cemele Disinterment(infant/cremation)including 184.84 11.09 195.93 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES Rata C%GST Total Interment an Saturday,Sunday and 307.39 18.44 325.83 StatuLOU Holida fee is additional). Disinterment for double depth burial(fee Is 198.12 11.89 210.01 additional Rental for lowering Device,setup and 74.55 4.47 79.02 dressing Provincial License Fee(except for 10.00 10.00 cremation Cremation Interment on Saturday,Sunday 109.27 6.56 11513 and Statu Holidays fee is additional 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rah 6%GST Total Monument foundation flat fee 256.34 15.38 271.72 Flat Marker Foundations Bat teal 155.23 J 9.31 164.54 Cremation!Bab Markers fiat fee 1 65.35 3.92 69.27 Removal of Monuments 49.03 2.94 51.97 7. TRANSFER Fee 17.37 1.04 18.41 8. - PERPETUAL CARE Rate 6%GST Total Headstone Maintenance 100.00 6.00 1D6.00 Footstone Maintenance 50.00 3.00 53.00 612 THE CORPORATION OF THE MUNICIPALITY OF CINGTON A ent No.:: 3 Report No: OPD-008-07 THE CORPORATION OF THE MUNICIPALITY OF GLARINGTON SCHEDULE"A"TO BY-LAW 2009- CEMETERIES -PROPOSED TARIFF OF RATES 1. SALE OF PLOTS Type of Lot D11 nsion Dimension 40% Rats 6%GST Total Sowmanville Bondhsad Perpetual Care Rate Sin le TX 9' 3'X 9' 45020 1125.51 67.53 1193A4 Bab and 1.5'X 3' 1.5'X 3' 157.57 393.93 23.641 417.57 Cremation 2'X 2' 2'X 2' 157.57 393.93 23.64 I 417.57 2. SALE OF CREMATION NICHES Columbarlum Niche SW 15% Rate 6%GST I Total Perpetual Can Rate Single (including 12"X 12"X 135.06 900.41 54.02 954.43 Plaque) 12" Double (Including 12"X 12"X 202.59 1350.61 81.04 1431.65 -Plague) 12" 3. INTERMENT. Rate 6%GST I Total Adult-Sin Ie DeDth 619.04 37.14 656.18 Adult-Double Depth 1 776.60 46.60 823.20 Infant/Child 225.11 1 13.51 1 238.62 Cremation - 225.11 1 13.51 1 238.62 - Niche Wall 112.551 615 1 119.30 4. DISINTERMENT CHARGES Rate 6%GST Total Disinterment(adult)including reburial at 1025.58 61.53 1087.11 the same location or at another location in the same cemetery Disinterment(adult)for burial at another 867.80 52.07 919.87 cemetery Disinterment(chid)including burial at 644.80 38.69 683.49 another location M the same cemetery Disinlertnent(chid)including reburial at 578.53 34.71 613.24 sama ve or difrerent tamale Disinterment(infant/cremation)Including 278.74 16.72 295.46 reburial at another location in the same cemete Disinterment(infant I cremation)Including 190.39 11.42 201.81 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES Rate 6%GST Total Interment on Saturday,Sunday and 316.61 19.00 335.61 Meluto Holt fee is additional Disinterment for double depth burial(fee is - 204.06 12.24 216.30 additional Rental for lowering Device,set up and 76.79 4.61 81.40 dressing Provincial License Fee(except for 10.00 10.00 cremation Cremation Interment on Saturday,Sunday 112.55 6.75 119.30 and Statutory Holida fee is additional 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rate 6%GST Total Monument foundation Flat fee 264.03 15.84 279.87 Flat Marker Foundations Iffat fee 159.89 9.59 169.48 Cremation 1 Bab Markers flat fee 67.31 4.04 71.35 Removal of Monuments 50.50 3.03 53.53 7. TRANSFER Fee 17.89 1.07 18.96 S. PERPETUAL CARE Rate 6X G3T Total Headstone Maintenance 100.00 6.00 106.00 Footstone Maintenance 50.00 1 3.00 53.00 813 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Attachment No.: 4 Report No: OPD-008-07 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE"A"TO BY-LAW 2010- CEMETERIES -PROPOSED TARIFF OF RATES 1. SALE OF PLOTS Type of Lot Dimension Dimension 40% Rata 6%GST Total Sowmanvllls Bondhead Perpetual Care Rate Sin le 3'X 9' 3'X91 463.71 1159.28 69.56 1228.84 Bab and 1.5'X3' 1.5'X3' 162.30 405.75 24.351 430.10 Cremation 2'X 2' 2'X 2' 1 162.30 405.75 24.351 430.10 2. SALE OF CREMATION NICHES Columbarlum. Niche Size 15% Rate 6%GST Total Perpetual Care Rate Single (including 12"X 12"X 139.11 927.42 55.65 983.07 Plaque) 12" Double (Including 12"X 12"X 208.74 1391.13 83.47 1474.60 Plague)' 12" 3. INTERMENT Rate 1 6%GST I Total Adult-Single Depth 637.61 38.261 675.87 Adult-Double De th 799.90 47.99 847.89 Infant J Child 231.86 13.91 245.77 Cremation 231.861 13.91 245.77 Niche Wall 115.931 6.961 122.89 4. DISINTERMENT CHARGES Rata 6%GST Total Disinterment(adult)including reburial at 1056.35 63.38 1119.73 the same location or at another location in the same cemetery Disinterment(adult)for burial at another 893.83 53.63 947.46 cemetery Disinterment(chid)including burial at 664.14 39.85 703.99 another locel on in the same cemetery Disinterment(child)including reburial at 595.89 35.75 631.64 same grave or different cemetery Disinterment(infant I cremation)including 287.10 1723 304.33 reburial at another location in the same cemetery Disinterment(infant!cremation)including 196.10 11.77 207.87 reburial at same Brave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES Rate 0%GST Total Interment on Saturday,Sunday and 326.11 19.57 345.66 Statutory Holidays fee Is additional Disinterment for double depth burial(fee is 210.18 12.61 222.79 additional Rental for lowering Device,set up and 79.09 4.75 83.84 dressing Provincial License Fee(except for 10.00 10.00 cremation Cremation Interment on Saturday,Sunday 115.93 6.96 122.89 and Statutory Holidays fee is additional 6. MONUMENT FOUNDATIONS AND SETTING MARKERS 1 6%GST Total Monument foundation flat fee 271.95 1 16.32 288.27 Flat Marker Foundations Flat fee 164.69 1 9.88 174.57 Cremation I Baby Markers Flat fee 69.33 1 4.16 73.49 Removal of Monuments 52.02 1 3.12 1 55.14 7. TRANSFER Fee 18.43 1.11 19.54 8. PERPETUAL CARE Rate 1 6%GST Total Headstone Maintenance 100.00 1 . 6.00 106:00 Foolstone Maintenance 50.00 1 3.00 1 53.00 614 I I I U1C/ill1�W11 C�a�lIl�011 Leadirsg the Way REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Report#: ESD-009-07 File # 10.12.6 By-law# Subject: EMERGENCY AND FIRE SERVICES GOVERNING BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-009-07 be received; 2. THAT the attached By-law #84-68 (establishing by-law), and By-law #94-172 (amendment) be rescinded; and 3. THAT the attached Emergency and Fire Services Governing By-law be forwarded to Council for approval. ATTACHMENT# 1: By-law for Mutual Aid and Automatic Response ATTACHMENT# 2: By-law 84-68 ATTACHMENT# 3: Report FD-1-94 ATTACHMENT#4: By- w�94-172 Submitted by: Reviewed by: G on Wbir, AMCT, CMM111 / ! Franklin Wu, :sr /I Director of Emergency & Fire Services d� Chief Administrative Officer GWV CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 901 REPORT NO. ESD 009-07 PAGE 2 BACKGROUND 1.1 The Fire Department was established under By-law#84-68, which provided a description of the department at that time. It also provided for detailed descriptions of positions, which were created at the time, for the prevailing fire and emergency service levels. The report which gave rise to the amendment to the establishing by-law (Report # FD-1-94) is attachment#3 for background and information. It provides for water rescue which was incorporated into the establishing by-law by the amending by-law#94-172 (attachment#4). i 1.2 The establishing by-law was subsequently amended with By-Law#94-172, but since then the department organization, staffing and service level has been amended from time to time by Council, through the annual budget process, leaving many references in the establishing by-law as inapplicable to the current organization. 1.3 Also, the existing by-laws do not clearly define the criteria for mutual aid and automatic response as required when we are asked for assistance in neighbouring communities, such as the Cobourg plastics fire that occurred in April of 2005. 1.4 Amendments to the Emergency Management and Civil Protection Act now require that our resources may be deployed throughout the Province at the Premier's request. PROPOSED UPDATED BY-LAW 2.1 The existing By-laws #84-68 and #94-72 are rescinded through the attached By- law#2007-00 with the intention of maintaining the department, updating the references to reflect the core service practices, and allowing for organizational change through the budget process. 2.2 The attached By-law#2007-00 also updates the mutual aid and automatic response provision to reflect the industry norm and current practices. 902 Attachment#t Attachment#t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON EMERGENCY&FIRE SERVICES GOVERNING BY-LAW, BY-LAW NUMBER#2007-xx MUTUAL AID AND AUTOMATIC RESPONSE WHEREAS the purpose is to repeal the by-law establishing the Emergency and Fire Services Department for the purpose of updating the reference terminology and to rescind By- laws#84-68(establishing By-law),and 94-172(amendment to#84-68). WHEREAS the Fire Protection and Prevention Act,(FPPA) 1997,S.O. 1997,c.4,as amended,requires every municipality to establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention and to provide such other Fire Protection Services as it determines may be necessary in accordance with its needs and circumstances;and WHEREAS the FPPA permits a municipality,in discharging these responsibilities,to establish a Fire Department;and WHEREAS the FPPA permits a Council of a municipality to establish,maintain and operate a Fire Department for all or any part of the municipality;and WHEREAS the FPPA requires a Fire Department to provide fire suppression services and permits the Fire Department to provide other Fire Protection Services in the municipality. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. DEFINITIONS In this by-law,unless the context otherwise requires; 1.1 "Approved"means approved by the Council; 1.2 "Automatic Aid"means a municipality agrees to ensure the provision of an initial or supplemental response to foes,rescues,and emergencies that may occur in a part of another municipality where a fire department in the municipality is capable of responding more quickly than any fire department situated in the other municipality, 1.3 "CAO"means the Chief Administrative Officer appointed by Council to act as Chief Administrative Officer for the Corporation; 1.4 "Confined Space"means a fully or partially enclosed space in accordance with Health and Safety regulations; 1.5 "Corporation"means The Corporation of the Municipality of Clarington; 1.6 "Council'means the Council of the Municipality of Clarington; 1.7 "Chief'means the person appointed by the Council to act as Fire Chief for the Corporation and it ultimately responsible to Council as defined in the FPPA; 903 1.8 "Deputy Fire Chief(s)"means the person(s)appointed by the Council and who many act on behalf of the Fire Chief in the case of any absence of the Fire Chief or a vacancy m the office of the Fire Chief.(If the title changes the responsibility will reside with the person taking on the duties); 1.9 `Division"means a Division of the Municipality of Clarington Fire Department; 1.10"Fire Department-means the Municipality of Clarington Emergency&Fire Services; 1.11 "Emergency"defined to include an unforeseen event that involves imminent danger to the life,health and safety of any person and includes medical assistance or non-fire emergency such as a storm,flood or another Act of God; 1.12"Emergency Response Plan'mean an emergency plan formulated under the Emergency Management and Civil Protection Act which specifies procedures to be taken for the safety or evacuation of persons in an emergency area,provide for obtaining and distributing materials,equipment and supplies during an emergency and provide for such other matters as are considered necessary or advisable for the implementation of the emergency plan during an emergency; 1.13"FPPA"means the Fire Protection and Prevention Act, 1997,S.O.,c 4,as may be amended from time to time,or any successor legislation,and any regulation made thereunder; 1.14"Fire Protection Services"includes fire suppression,fire prevention,fire safety education,communications,training of persons involved in the provision of Fire Protection Services,rescue and emergency services and the delivery of all those services; 1.15"High Angle"means an environment in which the load is predominately supported by a rope rescue system; 1.16"HUSAR"means Heavy Urban Search And Rescue; 1.17"Member"means any person employed in or appointed to the Fire Department and assigned to undertake Fire Protection Services; 1.18"Mutual Aid"means where the Council of the Municipality has made an agreement or plan with another municipality or Region;or at the discretion of the Chief as provided for herein,for the provision of any personnel,service,equipment or material during an emergency; 1.19"Tiered Response"means the process of dispatching police,fire and ambulance to what is determined to be a life threatening situation. Tiered response endeavors to send the closest appropriate emergency response agency,based on time,to render assistance at the scene of an emergency incident until the primary response agency can arrive. 904 2. ESTABLISHMENT 2.1 The Fire Department was established by By-law#84-68 and By-law#94-172 which is repealed herein for the purpose of updating references to reflect current terminology and practice. Despite repeal of By-laws,the Emergency and Fire Services Department will continue with services and organization as has been and as may be amended and approved by Council from time to time. 2.2 The Fire Department is continued under this By-law to provide Fire Protection Services. and any other service as approved by Council for the Corporation and shall be]mown as the Clarington Emergency&Fire Services. 3. CORE SERVICES 3.1 For the purposes of this By-law core services provided by the Fire Department will be as per Appendix"A"forming part of this By-law. 3.2 Nothing in the By-law will restrict the Fire Department to providing only core services or limit the provisions of Fire Protection services,as set out/covered under appointing by- law,as approved by Council 4. PROPERTY/APPARATUS USE 4.1 No person shall supply any apparatus,equipment,or other property of the Fire Department for any personal or private use. 4.2 No person shall willfully damage or render ineffective or inoperative any apparatus, equipment or other property belonging to or used by the Fire Department. 5. FIRE SUPPRESSION 5.1 The Fire Department may suppress any fire or other hazardous condition by extinguishing it or by other reasonable action and,for this purpose,may enter private property,if necessary,to do so. 5.2 The Fire Department may pull down or demolish any building or structure,with the assistance of the municipal or other equipment and services available;when considered necessary to prevent the spread of fire. 6. MUTUAL AND AUTOMATIC AID RESPONSE FROM OUTSIDE THE LIMITS OF THE MUNICIPALITY(Automatic and Mutual Aid Agreements) A)Aid to the Municipality of Clarington(requested by the Municipality) The fire Department may request other municipalities to provide mutual aid and other qualified persons present at a fire to assist in; 6.A.1 Extinguishing fires; 905 A A 9 Adl:..,.A—..-- A____ __ ._ _ . .1 , 1 6.A.2 Pulling down or demolishing buildings or structures to prevent the spread of fire; 6.A.3 Crowd and traffic control;or 6.A.4 Suppression of fires or other hazardous conditions in other reasonable ways. B) By the Municipality to Others(response outside the limits) The Fire Department shall respond to a call with respect to a fire or emergency outside the territorial limits of the Corporation with respect to a fire or emergency including non- fire emergencies under the following conditions; 6.B.1 In the opinion of the Fire Chief or designate of the Fire Department,conditions threaten property outside the territorial limits of the Corporation that is owned or occupied by the Corporation; 6.B.2 In a municipality with which an approved automatic aid or mutual aid agreement has been entered into to provide Fire Protection Service or other emergency assistance,including Oshawa By-law 2001-172 and Port Hope By-law 2002-13 as established. 6.13.3 On property with which a Council approved agreement has been entered into with any person or corporation to provide Fire Protection Services or other emergency assistance; 6.B.4 At the discretion of the Fire Chief,to a municipality authorized to participate in any regional or Municipal mutual aid plan established by a fire co-ordinator appointed by the Fire Marshall or any similar reciprocal plan or program,or as determined necessary by the Fire Chief,and 6.B.5 As directed by the Province under Emergency Management and Civil Protection Act or any other prevailing government directive,or as determined by the Fire Chief. 6.13.6 Coveragetability when asked to respond and when requesting response from Municipalities with no formal program or plan is at the discretion of the Fire Chief 6.B.7 The Fire Department is not required to respond to requests by private companies; non government;or incorrect assigned calls. 6.13.8 On property beyond the territorial limits of the Corporation where the Fire Chief or designate determines immediate action is necessary to preserve life or property and the appropriate fire department is notified to respond and assume command or establish alternative measures,acceptable to the Fire Chief or designate,provided it does not compromise our own Municipality level of service or commitments with the right to withdraw at any time to service home Municipality's needs. 6.13.9 Oshawa and Port Hope or any other existing response agreements will continue to operate on Automatic and Mutual Aid response with replacement cost based on Council's approval of this By-law. Agreements may be amended and approved by Council. 906 7 MTiTrT AT AT"nHT A TDn nvnnvn.,n ... .....�... 7. MUTUAL AID RELATED EXPENSES(&OTHER EXPENSES) 7.1 If as a result of Fire and Emergency Services(i)response to an emergency including a motor vehicle incident,(ii)under a Mutual or Automatic Aid agreement or (iii)carrying out any of its duties or functions the Fire Chief or Deputy Fire Chief determines that it is necessary to incur additional expenses,retain a private contractor, rent special equipment not normally carried on a fire apparatus or use more materials than are carved on a fire apparatus(the"Additional Service')in order to suppress or extinguish a fire,preserve property,prevent a fire from spreading,control and eliminate an emergency,carry out or prevent damage to equipment owned by the Corporation or otherwise carry out the duties and functions of Fire and Emergency Services,the owner of the property requiring or causing the need for the Additional Service shall be charged the costs to provide the Additional Service including all applicable taxes. Property shall mean personal and real property. 7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as per the Province direction unless otherwise specified. To the extent reasonably possible materials/supplies will be replaced or cost recovery excluding cost of manpower and excluding something out of the ordinary. The cost recovery provision should be incorporated into Automatic and Mutual Aid agreements. 8. INTERFERENCE 8.1 No person shall impede or interfere with or hinder the Fire Department in the performance of its duties. 8.2 No person present at a fire shall refuse to leave the immediate vicinity when required to do so by the Fire Department. 8.3 During a fire and for the time after it has been extinguished that is required to remove the apparatus and equipment of the Fire Department and render the location and vicinity safe from fire,no person,either on foot or with a vehicle of any kind,shall enter or remain upon or within; 8.3.1 The portion of any street or lane upon which the site of the fire abuts or upon any street or lane for a distance of fifteen(15)metres on each side of the property damaged by fire;or 8.3.2 Any additional street or lane or part of a street or lane or any additional limits in the vicinity of the fire as may be prescribed by the Fire Chief or the next ranking officer present at the fire. 8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane or within any prescribed additional limit or any person so authorized to enter or remain by an officer of the Fire Department or by a police officer. 8.5 No person shall prevent,obstruct or interfere in any manner whatsoever with the communication of a fire alarm to the Fire Department or with the Fire Department responding to a fire alarm that has been activated. 907 9. OFFENCES 9.1 Every person who contravenes any provisions of the By-law is guilty of an offence and on conviction is liable to the penalty established by the prevailing Provincial Offences Act,as may be amended or any other prevailing By-law or legislation,as may be amended or replaced from time to time,inclusive of costs. 10.CONFLICT .10.1 Where this By-law may conflict with any other By-law of the Corporation,this By-law shall supersede and prevail over that By-law to the extent of the conflict. 11.SEVERABILITY 11.1 If any section or part of this By-law is found to be illegal or beyond the power of the Corporation,such section or part of item shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. 12.This By-law comes into effect the day it is passed by Council. 13.REPEAL By-law Number#84-68 and#94-172 is hereby repealed. READ a first and second time this day of ,2007 READ a third time and finally passed this day of ,2007 Jim Abernethy,Mayor Patti L.Barrie,Municipal Clerk 908 APPENDIX"A" CORE SERVICES 1. FIRE SUPPRESSION AND EMERGENCY RESPONSE 1.1 Fire suppression services shall be delivered in both an offensive and defensi• mode and shall include search and rescue operations, forcible entry, ventilatio protecting exposures,salvage and overhaul as appropriate. 1.2 Emergency pre-hospital care responses and medical acts such as defibrillation, standard first aid, CPR, and the Emergency Medical Responder Program shall I maintained to Base Hospital protocols as agreed. 1.3 Special rescue services shall include performing extrication using hand tools, a bags and heavy hydraulic tools as required.Full time firefighters will be trained i basic rope rescue techniques as determined by the Fire Chief. Water/Ice rescu services shall be provided by those firefighters who are competently trained t perform the requested level of service as determined by the Fire Chief(up to levi III if so trained). 1.4 Confined space rescue, HUSAR and other highly specialized rescue services sha not be provided by Clarington Emergency & Fire Services (CEFS) beyond th basic awareness level. Clarington Emergency & Fire Services does not provid Trench Rescue. 1.5 Defensive hazardous material emergency response shall be conducted to th operations level by the fulltime firefighters, and awareness level by the part-tint firefighters. In addition to operations level response, the capability for rescue an, emergency decontamination shall be maintained where resources permit. 1.6 The Ontario Firefighters Curriculum,International Fire Service Training Association"Essentials of Fire Fighting",Ontario Fire Service Standards and othe related industry training standards and reference materials may be used as reference guides for CEFS training as approved by the Fire Chief. All training will comp]} with the Occupational Health and Safety Act and any other applicable provincia legislation. _ 2. FIRE PREVENTION 2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire investigations shall be provided in accordance with the FPPA and policies of the fire prevention division. 2.2 New construction inspections and plan reviews of buildings under construction in matters respective of fire protection systems within buildings shall be conducted in accordance with the applicable By-law and operating procedures. 2.3 The Ontario Fire Service Standard for Fire Prevention Officers shall be used as a reference guide for fine prevention training. 909 3. FIRE SAFETY EDUCATION 3.1 Distribution of fire and life safety information and public education programs shall be administered in accordance with the FPPA and policies of the departments Fire Prevention&Public Safety Division. 3.2 A residential Smoke Alarm awareness program shall be ongoing. 3.3 The department shall maintain at least one.public fire and life safety educator certified to the Ontario Fire Service Standard. 4. EMERGENCY DISPATCHING AND COMMUNICATIONS 4.1 The Ontario Fire Service Communications Standard shall be used as a reference guide for emergency dispatching and communications and shall provide the following min mum services; 4.1.1 Provide emergency call taking and dispatching of emergency vehicles. 4.1.2 Provide after hour's emergency and non-emergency call taking for Operations,By- law Services,and other agencies as required. - 910 THE CORPORATION OF THE TOWN OF NFWCAC71E___,.,,, AMENpED BY{AYI Y. ..' �. .« THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 84-68 being a by-law to provide for the establis ,_.,'mil+ `,f a. 11_?e y and regulation of a Fire Department for the Town of Newcastle WHEREAS the Municipal Act provides that the Council may by by-law, establish and regulate a fire department; THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: DEFINITIONS• 1. In this by-law, unless the context otherwise requires; (a) "Council" means the Corporation of the Town of Newcastle; (b) "Department" means the Town of Newcastle Fire Department; (c) . "Fire Protection" means prevention, rescue and suppression services; (d) "Personnel" includes all part-time and full time personnel of the Town of Newcastle Fire Department. 2. A department for the Town of Newcastle to be known as the Town of Newcastle Fire Department is hereby established and the head of the Department shall be known as the Chief of the Department. 3. In addition to the Chief of the Department, the Department personnel shall consist of other officers and firefighting personnel as may be deemed necessary by Council. 4. (a) The Chief of the Department may recommend to the Council the appointment of any qualified person to the Department. (b) Where a person is qualified to be appointed a full time employee, of the Department for fire fighting and prevention duties, such appointment shall be subject to all of the terms and conditions of employment established for such position by the Town of Newcastle. S. The remuneration of all personnel of the Department shall be as determined by the Council within the terms of the Fire Department Act. 6. The Chief of the Department is responsible to the Council for the proper administration and operation of the Department, for the discipline of its members and; (a) may make such general orders and departmental rules as may be necessary for the care and protection of the Department and generally for the efficient operation of the Department, provided that such general orders and rules do not conflict with the provisions of any by-laws of the Municipality; (b) shall review periodically the policies and procedures of the Department and may establish an Advisory Committee consisting of such officers as may be determined from time to time to assist the Chief in these duties; 911 By-law 84- 49 - 2 - (c) shall take all proper measures for the prevention, control and extinguishing of fires, and for the protection of life and Property, and shall enforce all municipal by-laws respecting fire prevention, and exercise the powers and duties imposed on the Chief by the Fire Marshals Act; (d) shall be responsible for the enforcement of this by-law and the general orders and departmental rules; (e) shall report all fires to the Fire Marshal as required by the Fire Marshals Act; (f) shall submit to the Council for its approval, the annual estimates of the Department; (g) where the Chief of theDepartment designates.another person to act in place of an officer in the Department, such person when so acting, shall have all the powers and shall perform all the duties of the officer replaced. 7. (a) The Department is composed of the following divisions: Administration Division; Fire Fighting Division; Fire.Prevention Division; Training Division. 8. The Chief shall be responsible for carrying out, or co-ordinating the following duties of the Divisions: (a) Provision of Administrative Facilities; (b) Preparation of and control of the departmental budget; (c) Preparation of the Departmental payroll, initiate requisitions for materials and services and approve of all departmental expenditures; (d) Maintenance of personnel records; (e) Advise Council on new building requirements as necessary; (f) Arrange for the provision of medical services that may be required from time to time; (g) Preparation of the annual report to Council on Departmental activities; (h) Carrying out of the general administrative duties of the Department; (i) Provision of liaison with the local Fire Fighters' Association; (3) Provision of liaison with the Regional Fire Co-ordinator; (k) Assist the Durham Region Fire Co-ordinator in the preparation of an emergency fire service index and operating procedures. (1) Preparation of specifications for the purchase of new apparatus and equipment; (m) Maintenance and repair of all existing buildings, fire fighting and rescue and salvage apparatus of the Department; (n) Modification of fire apparatus and equipment as may be required from time to time; 912 to) Provision of liaison with the Regional Departments to ensure an adanua4n By-law 84- 49 _ 3 _ (o) Provision of liaison with the Regional Departments to ensure an adequate flow of water in new waterworks projects and the adequate maintenance of existing waterworks facilities for the use of the Department; (p) Issuing of clothing, equipment and cleaning supplies; (q) Preparation of specifications for new communication systems and for additions to existing communication systems; (r) Maintenance of the communication systems of the Department; (s) (i) Prevention, control and extinguishing of fires; (ii) Conduct of in-service fire prevention inspections for all classes of occupancies; (iii) Conduct investigations to determine cause and origin of fires and, where appropriate, to request the Office of the Fire Marshal to conduct an investigation; (iv) Perform rescue and salvage operations and render first aid to victims as may be required from time to time; (v) Conduct pre-fire fighting operations planning; (t) (i) Conduct fire prevention inspections of premises; (ii) Enforcement of fire prevention by-laws; (iii) Examination of building plans; (iv) Provision of instructors for fire prevention lectures; (v) Maintenance of fire loss records; (vi) Receiving, processing and preparation of follow-up reports of fire prevention inspections; (vii) Promotion of fire prevention activities and programs throughout the municipality; (u) (i) Conducting training courses for all personnel of the Department with respect to fire administration, fire prevention, and fire suppression; (ii) Administration of training programs in all fire stations; (iii) To regularly test the proficiency of all fire fighting personnel; 9. (a) All recommendations for promotion of fire fighting personnel shall be based upon an evaluation of the following elements: (i) the results of examinations taken by the fire fighter; (ii) the age and physical fitness of the fire fighter; (iii) the fire and station record of the fire fighter; (b) The Chief of the Department, or his designate, shall evaluate all the personnel of the Department participating in an examination for promotion; (c) Every applicant for promotion shall take such written, oral and practical examinations as may be required by the Chief of the Department. 913 10. (a) All Departmental personnel appointed for fire fighting duties By-law 84- 4 _ 10. (a) All Departmental personnel appointed for fire fighting duties shall be subject to a medical examination annually, and at such other times as the Chief of the Department may require. (b) If a board of medical examiners finds that a fire fighter is physically incapable of performing his assigned departmental duties and that such condition is attributable to and a result of his employment. in the Department, the Council may assign the person to other employment, retire the person or terminate his employment. And in that event, provide such .allowances as may be consistent with Town Policy. 11. (a) All Department personnel shall report for duty at the time prescribed by the departmental rules and shall remain on duty until removed or re-assigned. (b) Where a fire fighter fails to report for duty, the officer in charge shall file a report through their superior officer, to the Chief of the Department. (c) Fire Department Personnel: (I) while in uniform, shall not enter any premises where alcoholic beverages are sold or consumed, except in the performance of their departmental duties; (ii) shall not be permitted to remain on duty if their ability is impaired by the use of an intoxicating beverage or drug; (iii) while on duty, shall not consume any intoxicating beverage or drug. (d) Department personnel shall not solicit the influence, or support of anyone in order to secure a transfer, promotion or other advantage. 12. (a) The chief of the Department may reprimand, suspend or recommend dismissal of any department personnel for insubordination, inefficiency, misconduct, tardiness or for non-compliance with any of the provisions of this by-law or general orders and departmental rules that, in the opinion of the Chief, would be detrimental to the discipline and efficiency of the Department. (b) Where Departmental personnel have been suspended or dismissed, the Chief of the Department shall report the suspension or dismissal to the Chief Administrator's Office. (c) Department personnel shall not be dismissed without the benefit of a hearing. And such hearing shall be undertaken by the Chief Administrative Officer and Fire Chief, provided a written request for such hearing is received within seven days following the mailing or service of the dismissal notice. 13. The Department shall not respond to a call outside the limits of the municipality with respect to a fire or emergency except: (a) that in the opinion of the Chief of the Department, threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality; p (b) in a municipality where an agreement has been entered into for the provision of fire protection; (c) on property where an agreement has been entered into with any person or corporation for the provision of fire protection services. 914 14. The following by-laws of the Town of Newcastle's predecessor By-law 84-68 _ 5 - 14. The following by-laws of the Town of Newcastle's predecessor municipalities shall be and are hereby repealed: I. By-law No. 1528 of the former Township of Clarke; 2. By-law No. 71-21 of the former Village of Newcastle; 3. By-law No. 71-22 of the former Village of Newcastle; 4. By-law No. 1999 of the former Town of Bowmanville; 5. All by-laws of the Town of Newcastle and its predecessor municipalities that are not consistent with this by-law. 15. This by-law shall come into force and take effect on the day of enactment by Council. By-law read a first and second time this 14th day of May 1984 By-law read a third time and finally passed this 14th day of May 1984 Mayor Clerk 915 yr inc IuWN OFNEWCASTLE ATTACHMENT AB THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# e. OCTOBER 17, 1994 Res. # Report#: ' FD-1-94 10.12. By-Law# ----�—. File #: Subject: BY-LAW 84-68 AS IT PERTAINS TO RESCUE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1• ) That report FD-1-94 be received; 2. ) That the Fire Department commence training to provide the necessary level of rescue to the municipality; 3.) That the Fire Department purchase all the necessary equipment to perform rescue at the required levels, to a maximum of $15,000.00; 4 . ) That due to the needs of the municipality, training and purchase of necessary equipment commence forthwith; and 5. ) That the town solicitor be directed to revise the Fire Department's establishing by-law number 84-68, .(see Appendix 1 attached) , to address clearly the level of rescue the department will provide to the municipality. BACRGRO� 1.1 Recently, a lot of attention has been given to rescue Procedures carried out by local fire departments. A case in point is the Port Colborne incident, where a firefighter lost his life performing water based rescue, in an attempt to save the life of a resident. As a result of the court proceedings it was recognized that one of the causes in the incident was the insufficient equipment and training of the firefighters to perform such rescue operations. Continued. . . . . 916 Z _ Z _ order to safely direct and properly train fire department personnel, staff asked Council for clarification of *rescue" as it appears in the fire department's establishing by-law number 84-68. 1.3 At the Council meeting of December 13, 1993 staff was directed to contact other regional municipalities to see what level of rescue they provide. Staff surveyed the Ajax, Oshawa, Pickering and Whitby Fire Departments. All departments have taken part in a Water./Ice Rescue Course, offered by the Ontario Fire Marshal, which trains firefighters for Shore Based Water/Ice Rescue (Level 1) . All departments are presently performing Level 1 rescue. Whitby and Pickering are equipped for Level 1 Ice/Water Rescue and the other departments will acquire. the proper equipment in 1994. Ajax Fire Department will go to Boat Rescue (Level 11) and Water Entry Based Rescue (Level 111) as funds are available. The other departments are not considering Level 11 and Level 111 at the present time. As a result of the Port Colborne Fire Department incident, the Office of the Fire Marshal (OFM) formed a special committee to develop a Shore Based Water & Ice Rescue Training Program for the Ontario Fire Service. The committee included representatives from throughout the Fire Service, as well as from the Ontario Provincial Police, Ministry of Labour, Canadian Coast Guard and the Municipal . Health and Safety Program. The objective of this committee was to implement a water and ice rescue program for municipal fire departments. This program has now been implemented and is provided without cost to the municipality. The Office of the Fire Marshal is also reviewing the need for high angle and confined space training. It is anticipated that this type of training will also be offered in the future. 1.4 Off shore rescue on Lake Ontario is provided by COMRA (City of Oshawa Marine Rescue Association) as well as by the Coast Guard, which is based in Trenton. These organizations do not get involved with the inland waterways such as ponds, rivers, streams, etc. that lie within the jurisdiction of the municipalities. At the present time rescue service for inland waterways is provided by municipal fire departments as there is no other agency to provide this service within the various municipal boundaries . Continued. . . . . 917 7 ' r 3 _ m ther concern, where clarification is' required, is high `angle rescue and confined space rescue. This type of rescue would be the result of one of our farm people trapped in a ' silo or other confined space, requiring the rescuer to be Lowered to an area that cannot be reached by normal methods. This type of rescue could also involve lowering a casualty " from a roof or other area above grade. Our municipality also � has the bluffs along the lakeshore where we should be ' capable I' of assisting a resident should they require help. The other fire departments surveyed are not, at present, performing High Angle Rescue. �1 Pickering and Whitby Fire Departments are in the process of purchasing equipment and developing training for confined space rescue. Ajax Fire Department has purchased equipment and presently performs confined space rescue. Oshawa Fire Department does some confined space rescue but uses only their existing equipment. 1.6 Staff has carried out rescue as directed by Council through the establishing by-law 84-68 and we have only been called once in the past 7 years to assist at a mill pond. The Ontario Fire Marshal's Office, in its Comprehensive Fire Safety Effectiveness Model defines "fire protection services" as a range of programs and services designed to protect the inhabitants of the fire department's response area from the adverse effects of fire, sudden medical emergencies or exposure to dangerous conditions created by man or nature and includes prevention, rescue and suppression services . 1.7 In staff's experience, the fire department is the agency who will be contacted to deal with most emergency situations, including any type of rescue. It is our desire to take a proactive approach in these matters and therefore it is essential that the establishing by-law clearly define the level of rescue to be provided to protect the municipality, its elected officials and staff and most importantly, its residents. Staff has recognized that legislation contained in the Occupational Health and Safety Act dictates that the employer adequately train and provide the equipment necessary to protect the lives of our employees. The employer has to provide a reasonably safe and healthful workplace which cannot be done without providing adequate training and equipment. Continued. . . . . 918 4 s _ 4 _ the fire department already has some rescue equipment on hand. It would need to purchase equipment to perform high angle or confined space rescue. We anticipate that the cost for training and equipment requirements could be handled from the existing budget and monies from the Fire Department Equipment Reserve. 2. RECONNENDATIONS• 2 .1 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council that By-law No. 84-68 be amended to expand rescue responsibilities to include Level II Ice/Water rescue, exclusive of Lake Ontario. 2.2 That future training be established for Confined Space and High Angle Rescue. This is required in order to allow for rescue in such areas as silos, which are plentiful in the vast agricultural area within our municipality, as well as the lakeshore bluffs. Future development of high rise apartments may also create a need for this type of training. Further amendments to the Fire Department By-law may be required once the department is prepared to assume these responsibilities. 2.3 That the basic equipment required for these types of rescue and the appropriate training be provided as soon as possible to insure that the department is ready for any emergencies and is in compliance with Occupational Health and Safety requirements. 2 .4 Committee provide the authority, in accordance with the Purchasing By-law, to purchase a proper vessel for inland water rescue. 2 .5 That the amount for the basic rescue equipment required, come from the department's equipment reserve account 2900-00014-x, which is designed for the purchase of such equipment. Continued. . . . 919 BY-LAW NO. 94.172 — - — -- J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTO l',r=KE�li a BY-LAW NO. 94172 ., Fhf:626CIiCt 8 FIRE SERVi(ES being a by-law to amend By-law No. 84-68 respecting the duties of the Municipality of Claringlon's Fire Department WHEREAS Council considers it to be expedient to extend the duties of the Municipality of Clarington's Fire Department to include certain land based water rescue and water rescue. NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS: 1. Section 8 of By-law No. 84-68 being a by-law to provide for the establishment and regulation of a Fire Department for the Municipality of Clarington is amended by: (a) renumbering Section 8(u) as Section 8(v); (b) deleting from renumbered Section 8(v)(i) the word "and" as it appears after the words "fire prevention", and adding the words "land based water rescue and water rescue" after the words "fire suppression" in renumbered Section 8(v)(i); and (e) adding a new Section 8(u) as follows: (u) undertake the following: (i) land based water rescue in the Municipality of a person where the rescuer is tied or secured to the shore or bank of the creek, river, pond or marsh in question, and water rescue in the Municipality of a person in where the rescuer effects or attempts to effect a rescue on a creek, river, pond or marsh using a boat or vessel, provided that neither a land based water rescue or a water rescue shall be attempted by the Chief or a member of a Division on any part of Lake Ontario including a part which includes a portion of the mouth of a creek or river draining into Lake Ontario located in Lake Ontario beyond the projection of the high water line of Lake Ontario at the time at which the particular land based water rescue or water rescue Lakes place. 2. This By-law shall come into force and take effect on the day on which it is enacted by Council BY-LAW read a first and second time this 24th day of October, 1994. BY-LAW read a third time and finally passed this 24th day of October, 1994. Mayor erk 920 Clare 11 REPORT Leasing the way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Report#: CLD-023-07 File #: By-law #: Subject: APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICERS (SUMMER) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-07 be received; 2. THAT the by-laws attached to Report CLD-023-07 to appoint Municipal Law Enforcement Officers be forwarded to Council for approval; and 3. THAT Alison Albrecht and Aaron Beaton be advised of Council's actions. Submitted by: i Patti and , A.M.C.T. Reviewed by: Franklin Wu, nic!R erk Chief Administrative Officer PLB*LC"kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1101 oconoT KIn -ri n_n'V2_n7 REPORT NO.:CLD-023-07 BACKGROUND AND COMMENT The Municipal Law Enforcement Division has hired two students to work as enforcement officers for the summer months primarily on complaints of long grass and weeds as well as West Nile concerns for standing water. Both are currently enrolled in full-time post secondary courses in the field of law enforcement. These students will commence their duties on June 4th with an in-service training course organized by the Manager of Municipal Law Enforcement to familiarize them with municipal procedures and the by-laws that they will be responsible for. Once that is completed they will be enforcing the by-laws. In order to be able to perform their duties they need to be appointed as Municipal Law Enforcement Officers for the Municipality of Clarington. Accordingly, it is recommended that the attached by-laws be forwarded to Council for passage. ATTACHMENT: 1 By-laws to Appoint Aaron Beaton and Alison Albrecht as Municipal Law Enforcement Officers Interested parties to be advised of Council's decision: Mr. Aaron Beaton Ms. Alison Albrecht 1102 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2007- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Alison Marie ALBRECHT as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE,the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Alison Marie ALBRECHT is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Alison Marie ALBRECHT's appointment as a Municipal Law Enforcement Officer shall remain in effect for the duration of her term of employment with the Municipality of Clarington. BY-LAW read a first time this 11 m day of June 2007. BY-LAW read a second time this 11 m day of June 2007. BY-LAW read a third time and finally passed this 11th day of June 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1103 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2007- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace'Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Aaron BEATON as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW,THEREFORE,the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Aaron BEATON is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. 2. THAT Aaron BEATON's appointment as a Municipal Law Enforcement Officer shall remain in effect for the duration of hlSr term of employment with the Municipality of Clarington. BY-LAW read a first time this 11U day of June 2007. BY-LAW read a second time this 11t' day of June 2007. BY-LAW read a third time and finally passed this 11"' day of June 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1104 Cl1I1 Il REPORT Leading the Way CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Report#: CLD-024-07 File #: By-law #: Subject: QUARTERLY PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-024-07 be received; and 2. THAT a copy of Report CLD-024-07 be forwarded to the Bowmanville Business Centre for their information. Submitted by:*,. ar ' M.C.T. Reviewed by: Franklin Wu, V Chief Administrative Officer PLB*LC*Ib CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1105 RFPnRT Nn • CI n-n2d-17 PARP 7 of 7 REPORT NO.: CLD-024-07 PAGE 2 of 2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the months of January, February and March 2007 and is provided herein for the information of Committee and Council It is noted that the revenue is down significantly over the same period last year. This is due to the fact that one of the two Parking Enforcement Officers has been on restricted duties and working full-time in the office since February. This Officer has returned to full duties, so the revenues will pick up once again. Also, as can be seen from the report, the number of tickets issued by the various private security companies has decreased significantly. Attachments: Attachment 1 - Parking Report For The Months of January, February, and March 2007 1106 • ��• •• •••.. �... vawtmr_r11 I IG/YR cmw r[cYVtV1 L000 PARKING ENFORCEMENT YEAR END REPORT 2006 ATTACHMENT #1 to Year End Parking Financial Report TiCICETS ISSUED Quarter 1, 2007 YEAR TO DATE YEAR TO DATE YEAR TO DATE 2007 2006 2005 P.E. Officers 853 853 1432 1006 Police 6 6 5 4 Public Works 0 0 0 0 Group Four 19 19 19 48 Aspen Springs 13 13 36 N/A Securitas 0 0 34 28 ProSecurity 30 30 134 N/A Fire Services 0 0 0 0 TOTAL ISSUED 921 921, 1680 1086 R�VENCIE <: Meters 16 936.00 16 936.00 18 612.00 7266.00 Permits 798.00 798.00 879.75 569.25 Fines 12 169.00 12 169.00 22 591.00 15 584.00 MTO Chargeback (1814.50) (1814.50) (1559.25) (2722.50) TOTAL REVENUE 28 088.50 28 088.50 40oi.667 5 696.75 7ST AEPEARANCF.S Total Conducted 22 22 27 38 #Tickets Cancelled 20 20 21 34 #Tickets Upheld 4 4 7 8 # Requests for Trial 3 3 5 2 # Tickets Disputed 24 24 28 42 1107 Viw_-i.i< Wil LortAirto th¢Wnv LeadiCkgWay REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 81", 2007 Report#: COD-022-07 File # By-law# Subject: KENDAL COMMUNITY CENTRE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-022-07 be received; 2. THAT the lease agreement with the Kendal Community Centre (Schedule A) be approved; and 3. THAT the attached By-law marked Schedule "B" authorizing the Mayor and the Clerk to execute the necessary agreement. Submitted by: Reviewed by: Marie Marano, H.B.Sc., C.M.O. ranklin Wu, Director of Corporate Services Chief Administrative Officer ,J"t r s ''Gordon Weir, A.M.C.T., C.M.M.II Director of Emergency& Fire Services MM1LABlkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1201 REPORT NO.: COD-022-07 PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington purchased the subject property in late 1999 with the intent of opening a volunteer Fire Station at some future point. The Municipality has had a lease agreement with the Kendal Community Centre since 2000, for an annual fee of$2.00. Since that time, the Municipality of Clarington Emergency & Fire Services Department have been responsible for 50% of the utility charges for the term of the agreement. For the information of Council, 50% of the utility charges for 2006 amounted to approximately $6,910.00. This arrangement was based on the original intent of the agreement was for the Emergency & Fire Services Department to use a portion of the space for training purposes which has not occurred. The existing 2 year agreement expired on December 31, 2006. Staff, have had discussions with the chair of the Kendal Community Centre regarding the terms for renewal of the agreement. Staff proposed that the Municipality of Clarington would continue to pay 50% of the utility charges for 2007 and 25%for 2008. Concern was expressed by the chair that this was not financially feasible for the hall and it was requested that consideration be given to renewing the agreement under the same terms and conditions as the previous agreement. Based on the fact that the Municipality of Clarington Emergency & Fire Services Department is only using limited area for storage and not utilizing the originally intended space and in keeping with Municipal practice for other facilities, Council may choose to not pay 50% of the utility charges and have Kendal Community Centre responsible for 100% of the total cost. Should this be Council's preference then item number 18 of the agreement will need to be amended. With respect to future plans for a Volunteer Fire Station in Kendal, this will be addressed in the next Emergency Services Master Plan. It is therefore recommended that the agreement with Kendal Community Centre be approved. Attachments: Attachment 1 —Schedule"A"Agreement Attachment 1—Schedule"B", By-law 1202 Page 1 of 3 Schedule"A" AGREEMENT Page 1 of 3 THIS AGREEMENT made the day of 2007. BETWEEN: MUNICIPALITY OF CLARINGTON AND: The Kendal Community Centre WHEREAS the Corporation of the Municipality of Clarington authorize the Kendal Community Association to enter into agreement to lease the property at 6742 Regional Road 18. BY SIGNING THIS AGREEMENT,the parties do hereby agree to be bound by the Terms and Conditions of the following terms and conditions: 1. The tenant shall have and hold as tenant for a term of two years commencing January 1,2007 and ending December 31, 2008; and 2. The tenant shall occupy the premises throughout the term for the use as a community centre and for no other reason;and 3. The tenant shall not commit or suffer or permit to be committed any waste or damage,disfiguration or injury to the premises or the improvements, installations, fixtures, and equipment thereon and any nuisance in, at or on the premises; and 4. The tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the premises or any part of it; 6. The premises is defined for the sake of this agreement as the gymnasium, stage, three classrooms, corridor,an office,kitchen and four washrooms;and 6. The base rent will be$2.00 per year payable to the Municipality of Clarington on or before January 1" of each year,and 7. The tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the landlord acting reasonably. The tenant shall keep the premises in a clean condition,obtain at its expense,janitorial service and daily operation expenses(utilities). The tenant will be responsible for winter snow removal; and 8. The tenant shall maintain and keep the premises and every part thereof in good working order and promptly make all needed maintenance, repairs,and replacements, as would a prudent owner. 9. If structural repairs or replacements to the roof,foundation or load bearing walls, building envelope and/or the heating equipment are needed,then the landlord shall be obligated at their expense to affect such repairs or replacements. ,. 1203 Schedule W AGREEMENT Page 2 of 3 10.If the tenant during the Term of this lease or any renewal of the lease,desires to make any alterations or additions to the Premises, including but not limited to erecting partitions, attaching equipment and installing necessary furnishings or additional equipment of the tenant's business,the tenant may do so at his own expense,at anytime and from the time the following conditions are met; a) before undertaking any alteration or addition,the Tenant shall submit to the landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the landlord has approved the Plan. The Landlord shall not unreasonably or arbitrarily withhold approval. 11.The Tenant shall be responsible for and pay the cost of any alterations,additions or installations, or improvements; and 12.No sign,advertisement or notice shall be inscribed, painted or affixed by the Tenant or any other person on the Tenant's behalf or any part inside or outside unless approved by the landlord;and 13.All alterations and additions made by or on behalf of the tenant shall immediately become property of the landlord without compensation to the Tenant; and 14.The tenant agrees to observe and comply with all applicable governmental laws and regulations including fire, police, health etc. 15.The Kendal Community Centre Board and the Municipality of Clarington Emergency Services Department will work together to ensure that the development of a Volunteer Fire Station and Community Centre is feasible. 16.The tenant shall not permit or allow any person to smoke tobacco products anywhere in the building;and 17.The Municipality of Clarington Emergency Services Department will have exclusive use of the south classroom. 18.The Municipality of Clarington Emergency Services Department will be responsible for 50%of the utilities charges for the term of the agreement. 19.The tenant shall promptly notify the Landlord of any accident,defect, damage or deficiency in or on any part of the premises which comes to the attention of the tenant; and 20.The Landlord will provide the Tenant with full access to all parts of the building during the term of this Agreement; and 21.If the Tenant is not in default of this Agreement,the Tenant shall have the right to extend the Term of this Agreement for a further period of two years subject to the approval of the Municipality of Clarington Emergency Services Department. Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial term;and 22.The Landlord covenants with the Tenant for quiet enjoyment;and 23.Both parties shall have the right to cancel this Agreement at any time during the Term by giving the other party no less than three months prior written notice of termination;and H'LI::F.SES 0.GRIir4AFf4TTT1Qendei1 Cu:n:n CvnInP.LS-K[NDkl.i:i::°\IU Y.LTP4 Page 3 of 3 Schedule"A" AGREEMENT Page 3 of 3 24.The Landlord agrees to provide liability insurance coverage to the Board and its volunteers while this agreement is in place. 25.Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area, provided that the use and occupation of the Area of the Premises remains as permitted by this lease,and is complimentary to the operation of the Tenant. The Tenant must request from the Landlord written approval of any sublease proposed,approval of which will not be unreasonably withheld. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease, the Landlord reserves the right to revoke the right to sublease, should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 26. Notices Any notice,demand, request, consent or other instrument("Notice")which may be or is required to be given under this lease shall be in writing and shall be delivered in person or sent by registered mail postage prepaid addressed (i)if to the Landlord, Municipality of Clarington,40 Temperance Street, Bowmanville, Ontario, L1C 3A6, Attention: Lou Ann Birkett and(ii)to the cto Chair,Kendal Community Center,6742 Regional Road 42, Kendal, Ontario, LOA 1JO at the Landlords option. Any such Notice shall be deemed to have been given and received the day upon which personal delivery is'made or, if so mailed,then 48 hours following the date of mailing. Either party may give Notice to the other of any change of address (other than the Premises)whereupon the address therein specified shall be deemed to be the address of such party for Notice. If postal service is interrupted or substantially delayed, all Notices shall be delivered in person as provided above. IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the Landlord has hereto affixed its corporate seal duly attested by the hands of its Mayor and Clerk. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Jim Abernethy,Mayor And: Patti L. Berne, Clerk THE KENDAL COMMUNITY CENTRE By: And: ry HAI FARES-AGH(FIP NT Jal Comm CFfilmlLS-KFNDAlOG 2(14 q 5 Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kendal Community Association for the lease of Kendal Community Centre, 6742 Regional Road 18. 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, Kendal Community Association, of Kendal, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. I 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 1206 /�lns�ira �rt�•n C��1t1gt0ll Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Friday, June 8th, 2007 Report#: COD-023-07 File # By-law # Subject: Co-operative Tender C-526-06, The Supply and Delivery of Culverts Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-023-07 be received; 2. THAT Armtec Limited, Peterborough, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender C-526-06, be awarded year 2 of the contract for the Municipality of Clarington requirements for Supply and Delivery of Culverts on an "as required" basis; 3. THAT the total funds expended be provided from the approved respective Culvert Maintenance Construction budget; and 4. THAT upon expiry of year two of the contract and pending satisfactory service and pricing by the low bidder and pending agreement of the Durham Co-operative participants, that the contract be extended for a third year. Submitted by: Reviewed by: K"'11Z e arano, H.S.Sc., C.M.O. Franklin Wu, Dir ctor f Corporate Services J,r Chief Administrative Officer p-,-- J6" U't Nan y T lor, B.B.A., C.A., I Director inance- r; Fred HorVfth, RDMR, RRFA, Director of Operations MMINTIFHILAB1km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 1207 REPORT NO.: COD-023-07 PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington participated in the Durham Purchasing Co-operative Group Tender for the Supply and Delivery of Corrugated Culverts. The bids were tabulated in June 2006 as per Schedule "A" attached. The required funds for the Municipality of Clarington requirements, will be drawn from the approved respective years Culvert Maintenance Construction budget, from where there are adequate funds available. Included in the total bid price is the total estimated requirements for the Municipality of Clarington in an approximate amount of$22,000.00. A report to award the contract was not brought to Council for year one as the annual award amount was anticipated to be less than $50,000.00. However, as this is a potential three (3) year contract pending satisfactory performance, service, pricing and pending agreement of the Durham Purchasing Co-operative participants it is appropriate to obtain Council approval for the remaining two years. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to the department needs, specifications, etc., should be referred to the Director of Operations. The price for the 2nd year of the contract is a 9% increase over the price for 2006. The subject firm has previously supplied Culvert requirements to the Municipality of Clarington, with satisfactory service. Attachments: Attachment 1 — Schedule "A", Bid Summary 1208 Clara n Leading the Way Municipality of Clarington SCHEDULE "A" BID SUMMARY Co-operative Tender C-526-06 The Supply and Delivery of Culverts BIDDER TOTAL Bla Plus GST PST Armtec Limited $100,973.66 Peterborough, ON Atlantic Industries Limited $102,402.39 Ayr, ON 1209 i I Clar�gto� Leadiag the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Report#: COD-024-07 File# By-law# Subject: CO-OPERATIVE TENDER W2007-14, CO-OP ARMOURED CAR SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-024-07 be received; 2. THAT the G4S Cash Services (Canada) Ltd., Toronto, Ontario, with a bid price of $56,277.54 (plus applicable taxes) for the first year being the lowest responsible bidder meeting all terms, conditions and specifications of Tender W2007-14 be awarded the contract to provide Armoured Car Services for a one year term; 3. THAT upon expiry the contract be extended for up to two one year additional terms, pending satisfactory pricing and service; and 4. THAT the funds be drawn from the respective year's Finance Department's current operating budget. Submitted by: Reviewed by: Marie Marano, H.B.Sc., C.M.O. rank in Wu, Direct%of Corporate Services � Chief Administrative Officer A9 2ancTa o , B. ., C.A., Director of Finance MM'LAB'sm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-33?2 10 REPORT NO.: COD-024-07 PAGE 2 BACKGROUND AND COMMENT Tenders were called on a co-operative basis by the Town of Whitby, which included the Armoured Car Service requirements of the Municipality of Clarington. Only one tender was received. As per Schedule "A" attached. Of the total bid amounts indicated, the Municipality of Clarington requirements amount to approximately$56,000 (plus applicable taxes) per year. After review and analysis of the bid by Purchasing and Finance staff, it was mutually agreed that the bidder, G4S Cash Services (Canada) Ltd., Toronto, Ontario, be recommended for the contract to provide Armoured Car Services to the Municipality of Clarington. The required funds will be drawn from the respective year's Finance operating budget. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications etc., should be referred to the Director of Finance. G4S Cash Services (Canada) Ltd., has provided satisfactory service to the Municipality of Clarington in the past. 1211 SCHEDULE `A" CO-OPERATIVE TENDER W2007-14, CO-OP ARMOURED CAR SERVICES Results W2007-14 Em ME Mimi G4S Cash Services $83,987.34 Toronto, ON 'Note total bid amount shown above includes both Town of Whitby's as well as the Municipality of Clarington's cost. 1212 Clarin n Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Resolution #: Report#: COD -025-07 Fite #: By-law #: Subject: FIRST IMPRESSIONS COMMUNITY EXCHANGE PROGRAM RECOMMENDATIONS: 1. THAT COD-025-07 be received; and 2. THAT Council endorse Clarington Tourism's participation and leadership in the Ministry of Agriculture, Food & Rural Affairs First Impressions Community Exchange program when a suitable exchange community is confirmed. Submitted by: Reviewed by : Marie Marano , . .Sc., C.M.O. Fjranklin Wu, Director of Corporate Services �,/ Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-5506 1213 RFVnaT Nn • cnn_n7X;-n7 nAl-C 9 REPORT NO.: COD-025-07 PAGE 2 BACKGROUND AND COMMENT WHAT IS FIRST IMPRESSIONS? The First Impressions Community Exchange was originally developed in Wisconsin and has been successfully implemented in communities throughout the United States for more than 15 years. In 2005, the Province of Ontario, through the Ministry of Agriculture, Food & Rural Affairs adopted this program with over 20 Ontario communities participating. The program is a structured process to gain knowledge of a first time visitor's first impression of the community. Its goal is to provide a fresh perspective on the community's appearance, services and infrastructure and it helps a community learn about its strengths and weaknesses. In the program, participating communities are matched with communities of similar size and characteristics. The Manager of Communications attended a session at the Tourism Industry Association of Ontario's conference in early April where the communities of Buckhorn and Westport presented their experience of participating in this program. The knowledge gained through this program can form the basis for positive community action focused on downtown revitalization, tourism development, investment attraction, or broader community strategic planning efforts. HOW DOES FIRST IMPRESSIONS WORK? Volunteer"visiting teams" (somewhat analogous to the "secret shopper" concept)from two exchange communities participate in unannounced "secret" visits. During the visit—which can be 1 or even 2 days in duration—team members visit the community and begin to record their observations— their first impressions. They work alone or in pairs and often have a "cover" role while in the host community. Upon completion of their visit, the team returns to their home community and compile their recorded observations into a formal report that is presented to the exchange community. The exchange community follows the same process in the other exchange community. WHY PARTICIPATE? Most communities, such as Clarington, where tourism plays a significant role in the economy want to provide a positive impression to visitors from the moment they enter the community until the time they exit. Each person/family that visits Clarington could be a tourist, potential resident, or, a potential business ownerlinvestor. Regardless of which, they are all important, prospective contributors to the continued growth and health of our local economy. Participating in the First Impressions Community Exchange program could ensure that Clarington is regularly putting its best foot forward to all visitors regardless of the intent of their visit. 1214 REPORT NO.: COD-025-07 PAGE 3 REPORT NO.: COD-025-07 PAGE 3 Another reason to participate is that it is hard to objectively evaluate your own community. We are too close to the subject matter and could overlook positive attributes that may attract someone, without any previous experience, to the community. An objective first-time visitor can provide constructive feedback about local services, attractions, customer service and facilities objectively. WHAT DOES CLARINGTON HAVE TO DO? A preliminary discussion has been held between Clarington Tourism and the Ministry of Agriculture, Food & Rural Affairs representative from the Lindsay office. Clarington Tourism has expressed an interest in participating in the community exchange program and wanted to give the Ministry notice in order that they could begin the process of locating and confirming a qualified exchange community. Should Council agree to participate in the program, the Communications & Marketing Division (also know as Clarington Tourism) would promote the program to the community-tourism and general public— and ask interested individuals to contact us about'volunteering to be a on the Visiting Team. The Team requires 5—6 members that come from a variety of backgrounds in and outside of the tourism industry— Members of Council and media would be invited to take part. Prior to the exchange visit, volunteers would receive training on making and recording observations. The material that they will require to record their observations is provided by the Ministry. Before the visit, information on the exchange community will have to be collected (part of the observation process) and will be used to plan the actual visit. Cover roles will also be developed prior to the actual visit. After the visit, the Program Leader will collect the material recorded and will initiate the compilation of the report that will be presented o the exchange community. I he other community Will o the same at eir en —i.e. they will present their observations, comments and suggestions to Clarington. WHAT IS THE COST? The majority of pre-visit materials (manuals, training materials) is provided by the Ministry of Agriculture, Food & Rural Affairs (no cost to Clarington) so the cost of participating would be any expenses incurred by the Visiting Team during their visit to the exchange community. This could include mileage, meals, admission fees (to attractions) and, perhaps, accommodations in the exchange community. The cost of producing the report for the exchange community would also be an expense but we are confident that it can be produced in house by the Communications & Marketing Division. Of the 20+ communities that have already participated their expenses have been less than $ 1,000.00 (in total). 1215 REPORT NO.: COD-025-07 oene REPORT NO.: COD-025-07 PAGE 4 SUMMARY This is a unique opportunity to gain valuable information that could raise the profile of Clarington's tourism industry. A copy of the First Impressions Community Exchange program brochure accompanies this report and additional details can be found on the Ministry's website: www.reddi.gov.on.ca/firstimpressions.htm. Clarington Tourism requests Council's approval to move forward with this initiative in preparation of the confirmation of an exchange partner. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 1216 Clari�gton Eherglz(ng Oe(arlo REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: FRIDAY, JUNE 8, 2007 Resolution #: Report#: FND-011-07 File #: By-law #: Subject: CASH ACTIVITY — FIRST QUARTER OF 2007 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-011-07 be received; 2. 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 first quarter of the year 2007, as shown on the attached schedule; and 3. That part `A" of the expenditures for the first quarter of the year be confirmed. Submitted by: Reviewed by< JA""""`,C t=ic iancy gy Ta or, C. Franklin Wu, Director of Finance. Chief Administrative Officer. NT/AA/nma 1301 REPORT NO.: FND-011-07 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the first quarter of 2007, the cash investment position, the taxes receivable position with the comparative information for the month ending March 31, 2006 and statistical information for the first quarter of 2007. Attachments: Attachment A— Analysis of Revenue and Expenditures — First Quarter of 2007 Attachment B — Continuity of Taxes Receivable —As at March 2007 Attachment C — Statistical Information —As at March 2007 Attachment D — Investments Outstanding —As at March 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-4169 1302 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the First Quarter of the Year 2007 First Quarter First Quarter 2007 2006 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: GENERALITAX PAYMENTS RECEIVED 37,066,353 32,538,565 PROVINCE-UNCONDITIONAL GRANT-RDS&BRIDGES 0 1,483,872 ONTARIO MUNICIPAL PARTNERSHIP FUND(CRF) 29,000 116,000 DURHAM REGION,PROVINCIAL OFFENCES ACT 2,996 0 LINEAR PROPERTIES 2,122,438 2,122,438 CANADIAN WASTE-RENT AND ROYALTIES 16,495 12,904 DEBENTURE PROCEEDS-NEWC. RECREATION FACILITY 17,171,927 0 DEVELOPMENT CHARGES-MUNICIPAL 1,329,909 1,652,869 DEVELOPMENT CHARGES-REGION 1,573,334 2,223,339 DEVELOPMENT CHARGES-SCHOOL BOARD 173,654 260,826 INTEREST 1,051,1651 841,446 60,537 271 41,252,259 USE OF FUNDS: PAYROLL 5,049,406 4,681,849 REGION LEVY 14,288,038 11,093,201 SCHOOL BOARD LEVIES 4,860,084 5,726,728 GENERAL-INCLUDING CAPITAL EXP.•' 17,261,549 12,910,058 41,459,077 34 411,836 NET CASH PROVIDED(USED) 19,078,194 6,840,423 BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: DEC 31,2006 / USED MAR 31,2007 MAR 31,2006 GENERAL FUND 4,488,456 1,643,628 6,132,084 8,858,269 RESERVE FUND 1,134,010 (604,266) 529,744 751,109 MUNICIPAL BOND INVESTMENTS 2,797,412 28,277 2,825,689 2,712,478 MUNICIPAL EQUITY INVESTMENTS 0 500,000 500,000 0 HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000 10,000,000 INVESTMENTS(GENERAL+ RESERVE FUNDS) 42,772,339 17,510,555 1 60,282,894 44,447,256 TOTALS 61,192,217 1 19,078,194 80,270,411 66,769,112 BANK BALANCES AS AT: JAN 31,2007 JAN 31,2006 FEB 28, 2007 FEB 28, 2007 GENERAL FUND 4,501,433 8,776,646 23,708,134 15,569,450 RESERVE FUND 675,877 534,330 583,867 2,392,983 MUNICIPAL BOND INVESTMENTS 2,807,123 2,694,694 2,816,032 2,703,057 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. 1303 I it I CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART^B• Continuity of Taxes Receivable or the First Quarter of the Year 2007 December 31,2006 MARCH MARCH BEGINNING BAL. INTEREST TAXES PAYMENTS/ 2007 2006 RECEIVABLE ADDED BILLED BALANCE ADJUST.'^ PREPAID TAXES CURRENTYEAR TAXES (1,745,236) 26,076,560 24,331,324 (27,315,121) (2,983,797) (3,249,052) PENALTY AND INTEREST 48 076 48,076 (25,479) 22,597 20.382 FIRST PRIOR YEAR TAXES 4,595,333 4,595,333 (1,401,552) 3,193,781 2,916,343 PENALTY AND INTEREST 238,923 151,567 390,490 (143,799) 246,691 204,837 SECOND PRIOR YEAR TAXES 1,525,432 6,118 1,531,550 (370,393) 1,161,157 1,141,554 PENALTY AND INTEREST 193.936 51,508 245,444 (67.920)1 177.524 1 166,081 THIRD&PRIOR YEARS TAXES 1,283,455 1,283,455 (138,515) 1,144,940 976,121 PENALTY AND INTEREST 413,872 45 759 459,631 (63,313) 396,318 322 876 TOTAL 6,505.715 296 910 26 082 678 32,885,3031 (29 526 092 3,359 211 2 499,142 Includes refunds,write-offs,496's,etc. NOTE 1: 2007 and 2006 Interim Installment months; February and April. NOTE 2: Current year taxes are in a negative position because they represent prepaid taxes for the April installment. 1 304 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C" STATISTICAL INFORMATION for the First Quarter of the Year 2007 Year to Date Tax Certificates 179 179 Number of Properties eligible for Tax Registration Note 1 41 Note 2 Accounts Payable Cheques Issued 081580 to#083365 1,786 1,786 Number of Marriage Licences Issued 49 49 Number of Births Registered 4 4 Number of Deaths/Stillbirths Registered 185 __185jl Note 1: Only includes those properties whose arrears are greater than $20,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. 1305 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART "D" AS AT MARCH 31, 2007 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERALFUND TD 1,993,420.00 4.30% 28 2,000,000.00 Apr.26/07 BMO 1,992,720.00 4.30% 31 2,000,000.00 Apr.05/07 BMO 1,987,820.00 4.30% 52 2,000,000.00 Apr.26/07 BMO 1,993,660.00 1 4.30%1 27 1 2,000,000.00 1 Apr.26/07 TOTAL GENERAL FUND �,967,620,010 RESERVE FUND TD 5,441,810.00 4.29% 91 5,500,000.00 May 23/07 TD 996,710.00 4.30% 28 1,000,000.00 Apr.26/07 BMO 5,937,180.00 4.29% 90 6,000,000.00 May 22/07 RBC 4,180,000.00 3.80% 730 4,180,000.00 June 30/07 RBC 2,221,742.00 4.30% 1826 2,742,301.29 Sep. 18/11 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 01/08 RBC 739,938.86 3.55% 1704 869,800.00 Oct. 05/09 IRBC ' 1,500,000.00 4.10% 1827 1,500,000.00 Dec. 06/10 RBC 1,681,851.79 4.35% 1827 2,080,894.41 Mar. 06/11 RBC 500,000.00 4.25% 1827 595,239.37 June 21/08 RBC 481,878.00 4.45% 1827 599,072.41 Mar. 04/08 RBC 2,000,000.00 4.05% 1823 2,439,161.00 Mar, 12/12 RBC 970,000.00 3.50% 1468 970,000.00 Mar. 19/08 RBC 664,993.00 4.25% 1096 753,434.00 Aug.29/09 RBC ` 776,152.23 4.35% 2059 986,467.00 Dec. 01/11 RBC 1,480,000.00 4.50% 1461 1,480,000.00 Feb. 10/08 RBC 208,000.00 4.35% 1830 257,351.00 May 12/08 RBC ' 550,000.00 4.10% 1095 550,000.00 Oct. 14/07 RBC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15/08 RBC 733,772.63 3.85% 1980 900,445.00 Jun. 02/10 RBC 999,999.54 4.20% 1941 1,244,090.00 Dec. 02/11 RBC ' 2,061,000.00 4.25% 1,095 2,061,000.00 Dec. 03/07 RBC 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07 RBC' 906,000.00 4.25% 1095 906,000.00 Sep.29/07 RBC 372,440.00 4.40% 1826 461,912.00 May 28/09 RBC 5,094,062.47 4.10% 1578 6,058,590.00 Oct.01/10 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 2,999,113.88 4.31% 90 3,031,000.00 Apr.23/07 RBC 3,796,000.00 4.000 730 3,796,000.00 Jul. 29/07 TOTAL RESERVE FUND 52,315,273.60 11TOTAL INVESTMENTS 60,282,893.60 Investment interest paid on a monthly/semi-annual/annual basis 1306 UNFINISHED BUSINESS • Clar�ngton Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Resolution #: Report#: ADDENDUM TO COD-002-07 File #: By-law #: Subject: ADDENDUM TO COD-002-07 MUSEUM GOVERNING BY-LAW UPDATE RECOMMENDATIONS: 1. THAT COD-002-07 be lifted from the table; 2. THAT COD-002-07 be received; 3. THAT the addendum to report COD-002-07 (Attachment#2) be received; 4. THAT Option A or B in report COD-002-07 be considered unnecessary as Council has appointed the Clarington Museum and Archives Board of Management; 5. THAT the amended by-law attachment #1 to Addendum Report to COD-002-07, be forwarded to Council for approval; and 6. THAT the Museum Board and the Museum Administrator be advised of Council's decision. Attachment # 1: Proposed By-law 2007 Clarington Museum and Archives Governing Terms of Reference Attachment# 2: Report COD-002-07 Submitted ° ""`�-- Z( Reviewed by Marie Marano , H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5506 1501 REPORT NO.: ADDENDUM TO COD-002-07 PAGE 2 REPORT NO.: ADDENDUM TO COD-002-07 PAGE 2 BACKGROUND AND COMMENT 1. Report COD-002-07 (copy Attachment#2) was presented to GPA on January 22, 2007. It was tabled at this meeting to allow discussion with the Clarington Museum and Archives Board on the proposed changes to the by-law. 2. Report COD-002-07 recommended consideration of two options with respect to the ongoing operation of the museum, either under the continued governance of the Board of Management, or under an Advisory Board structure. Council has since appointed the Museum Board thereby making the choice to continue under the existing Board of Management structure. Therefore there is no longer necessary for Council to choose between option A or B as outlined in Report COD-002-07. Notwithstanding the decision to continue under the present Board structure the by- law required some changes to bring it into conformity with current practices. 3. Staff met with Members of the Board on a number of occasions over the past few months to review proposed changes to the by-law. There have been a number of productive changes accepted by both sides to reflect current practice and policies. 4. The proposed amended by-law (Attachment#1) attached has been reviewed with the Museum Board, by the Museum Administrator. The Board has concurred with the proposed changes. 5. It is recommended that the attached by-law be forwarded to Council for approval for approval. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 1502 inc u. mrummiivN ur, Ir1t MUNIGINALIIY OF GLAKINGTON Cpjj-ppL_D. ATTO NM#ITO REPORT b MAetx1N THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON r�jj-ppL_D. By-Law xx–07— Being a bylaw to establish a Board of Management to operate museums on behalf of the Municipality of Clarington and to repeal By-laws 79-67,200245,2003-56, 2003-155 and 2004-10 WHEREAS the Municipal Act SO 2001 as amended authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on its behalf for this purpose; AND WHEREAS it is desirable that a board be appointed and known as the CLARINGTON MUSEUM AND ARCHIVES BOARD for the purpose of operating Museums in the Municipality of Clarington; AND WHEREAS at their meeting held on May 22,2007 the Council of the Municipality of Clarington adopted the recommendations contained in the Addendum to Report COD-02-07 as amended; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. Location• a)THAT the building and grounds at 7086 Old Kirby School Road, in the Municipality of Clarington (former Township of Clarke)will be known as the CLARINGTON MUSEUMS and ARCHIVES-CLARKE MUSEUM; b)THAT the building and grounds fronting on Silver Street in the Municipality of Clarington will be known as the CLARINGTON MUSEUMS and ARCHIVES -BOWMANVILLE MUSEUM. The use of this building shall be in compliance with the donation set out in the terms of the Sarah Jane Williams indenture December 10, 1960; and c)THAT the building and grounds fronting on Temperance Street in the Municipality of Clarington will be known the CLARINGTON MUSEUMS and ARCHIVES-SARAH JANE WILLIAMS HERITAGE CENTRE . The use of this building shall be in compliance with the donation set out in the terms of the Sarah Jane Williams indenture December 10, 1960. 2. Board of Management a) Composition THAT the CLARINGTON MUSEUMS AND ARCHIVES BOARD shall be established to manage the Clarington Museum and Archives:- The Board shall consist of up to a maximum of 12 voting members comprised of,as reasonably possible: 8 Public Representatives being 2 members from each ward 1 member representative of the Friends of the Museum 1 member representative of the Newcastle Village and District Historical Society 2 appointed members of Council The Museum Administrator is an employee of the Board. The Board is responsible to Council. In the event that insufficient applications are received to fill the two(2)positions from each ward, members will be appointed from the remaining applications. b) Term The Board will serve a term coinciding with the term of the appointing Council and until its successors are appointed. c) Vacancy 1503 appoint another eligible person in the members place for the unexpired portion of the In the case of a vacancy by the death or resignation of a member or from any cause other than the expiration of the term for which the member is appointed, Council shall appoint another eligible person in the members place for the unexpired portion of the term, in accordance with the Municipal Act. d) Remuneration The members of the Board shall serve without remuneration. e)Quorum The majority of the members of the Board constitute a quorum. 3. Conflict of Interest a)The Board shall be governed by the Municipal Conflict of Interest Act. b) No employee or member of Council shall have any contract,other than employment, with the Board or be pecuniary interested directly or indirectly in any contract work relating to the operations or functions of the Board. 4. Purchasing and Contract a)Procurement In accordance with the Municipal Act section 270(2)the Board shall by resolution, adopt procurement policies. The Municipal purchasing by-law may be used as adapted by the Board to the specific requirements of the Museum. b)Contracts/Agreements/Leases Other than for normal operating or Administrative processes, the Museum Board will not enter any contract,or agreement which has the potential to commit funds, oblige, or encumber the Municipality without written Council approval, or specific approval detailed by resolution in the annual budget process. 5. Board Mandate Subject to such limitations and restrictions as Council may from time to time impose by bylaw or resolution,the Board may: a)Meeting Fix the times and places for meetings of the Board and the mode of calling and conducting the meetings and make regulations governing the conduct of Its members and employees. b)Chair/Committees Elect a Chair,Vice Chair and committee chairs as determined necessary by the Board, all of whom shall hold office at the pleasure of the Board or for such period as the Board may prescribe. c) Employment Employ such full time and part time persons, prescribe their duties and fix their salaries and other benefits of employment as the Board considers to be necessary and appropriate provided that: (i) Council Approval:With the exception of a pool of ten casual part time employees, no person shall be employed as a full or part time officer or employee other than a student employee unless his or her employment is first approved by Council; (ii) Employment Contract: No contract shall be made with a new officer or employee of the Board nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council; (iii) Additional Employees: No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council; and, (iv) Salaries. Benefits Performance Appraisal In compliance with the Municipal Act, Section 270(2),the Board shall by resolution,adopt hiring policies with respect to hiring of its employees. The Municipality's prevailing hiring policy will apply, as adapted by the Board to reflect the Museum specific requirements. The salaries and benefits of employment of all full and part time employees shall not exceed the type and percentage increases provided as salaries and/or benefits for full and part time employees of the Municipality and as provided for in the current estimates of expenditures approved by Council,for the years in question. 1504 Performance AR� %Th nr ncnanr% i orFn ro �;-- ,lie emptoyme ne is o�te wi a wi tR same provider of the master benefit plan and will be governed by the rules and restrictions as applied to any Municipal plan. Performance Appraisal:The proposed annual performance appraisal program increases will be identified specifically in the budget estimates,and any increase shall not exceed the percentage merit increase in any step movement,available to Municipal employees. The Board will forward to the Municipal Clerk,for Council approval,the performance appraisal program policy,with the appropriate wage grid attached. Any changes to the policy or the grid will require Council approval. Annual Board recommended increases for salary or performance that are within the Council approved policy, and are within the increases approved for Municipal employees,will only need to be detailed in the annual budget estimates,for approval. (d) Hours of Operation Fix the hours when the Museums shall be open to the public and required payment of fees or charges for admission thereto or the use thereof and prescribe such fees and charges. (e) Admission Adopt policy for rules for the use of the Museums and for the admission thereto or the use thereof and prescribe such fees and charges. (0 Sales Sell literature of historical significance or interest sell within the museum souvenirs and refreshments at such prices as the Board may decide. (g) Publications Produce copy and distribute historical publications and documents related to the history of the Municipality. (h) Volunteer Groups Encourage and develop volunteer groups to assist in the further development of museums archives and historical matters within the Municipality: (i) History Development Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 6. Meetinas a) a&k The meetings of the Board shall be open to the public, in accordance with Section 239(2)of the Municipal Act and no person shall be excluded there from except for improper conduct. b)Records The Board shall keep minutes of its meetings and all books papers and documents used in and pertaining to the business of the Board and all such minutes, books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of Information and Protection of Privacy Act.The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10)business days following the meeting. 7. Budaet The Board shall on or before the 1"day of February in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year and the Municipal Director of Finance shall pay to the Board out of the moneys appropriated for it by Council such amounts as maybe requisitioned from time to time Or shall pay the Museum accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. 8. Donations The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made) payments credits and liabilities. 1505 serum mannerasIneaccountsorme Municipalityand all minutes, books, records, documents.trangnntinnS arrnunfa anei of the D^oM .k.di h...,......•..u._ n..ax_�_ 9. Audit The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents,transactions,accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. Immediately after its accounts and transactions have been audited the Board shall submit the audited statement together with an annual report of.its affairs to Council. 10. Museum Development Fund The Board may,with the approval of Council, establish a Museums Development Fund, into which donations and net revenues, it any,may be placed for future museum and archives development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. Any funds intended for purposes beyond the calendar year will be automatically turned over to the Municipality prior to December 31 m of the year of receipt of funds, for deposit into Municipal accounts identified for Museum purposes,and will be maintained by the Municipality's Director of Finance. Original documents will be turned over to the Municipality upon receipt by the Museum. The Board will notify the Director of Finance of all such funds received and the Director of Finance will provide a status report semi-annually on reserve fund activities_ 11. Legacy Funds All legacy funds are to be forwarded within 10 business days after receipt by the Museum, to the Municipality along with all original documentation supporting such bequests. Funds will be invested on the Museum's behalf and accessible by request of the Board, based on the speck requirements of the will or based on Council's approval of projects identified for the use of such funds,as applicable. By-Laws#79-67,2002-45, 2003-56,2003-155 and 2004-10,are hereby repealed. 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_of_2007 Jim Abernethy, Mayor Patti L. Barrie, Clerk 1506 ff .iarInnrnn ATTACHMENT 42 Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 22, 2007 Resolution #: Report#: COD -02-07 File #: By-law#: Subject: MUSEUM GOVERNING BY-LAW UPDATE RECOMMENDATIONS: 1. THAT COD-02-07 be received; 2. THAT Council provide direction on Option A or Option B: A. Option A: i. Continue to authorize the Clarington Museum and Archives Board to operate as a Board of Management on Council's behalf; ii. Approve the proposed amendments to the provisions of the existing governing by-laws #2002-45 and #2004-10 as provided for in the proposed by-law Governing Terms of Reference - attachment#1; iii. Repeal by-law 2004-010 and by-law 200245, iv. The amended by-law be forwarded to Council for approval; B. Option B: i. Establish the Clarington Museum and Archives Board to operate as an Advisory Board to provide Council with general guidance and recommendations on the cultural aspects of cultural, museum and archive operations; ii. Repeal by-law 2004-10 and by-law 2004-45; iii. Incorporate the operation and administration of the Clarington Museum and Archives into the overall corporate organizational structure; and iv. The appropriate by-law to establish the Clarington Museums and Archives as an advisory Board, be forwarded to Council for approval; 3• THAT the Museum Board and the Museum Administrator be advised of Council's decision; and 1507 RcrUR1 NU.: L.UU-uz-u! PAGE 2 REPORT NO.: COD-02-07 PAGE 2 4. THAT the Museum Board and the Museum Administrator be invited to attend an information meeting with the Chief Administrative Officer, Director of Finance, Director of Operations and the Director of Corporate Services, to communicate the contents of the amended by-law and the implications of Council's decision under Option A or Option B. Attachment# 1: Proposed By-law 2007 Clarington Museum and Archives Governing Terms of Reference Attachment#2: By-law 2002-45 Attachment# 3: By-law 2004-10 Submitted by: Reviewed by :U� Marie Marano , .Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T(905)623-3379 F (905)623-5506 1508 rMtic 3 REPORT NO.: COD-02-07 PAGE 3 BACKGROUND AND COMMENT 1. Existing By-law The existing Museum Operating by-law 2002-44 was structured to establish the Clarington Museum Transitional Board, and to set out the operating protocol for the Museum. By-law 2004-10 amended by-law 2002-45 to provide an update to the Board composition. There are two options described herein for Council's consideration. Under either option, there is a recommended change to the by-law. The existing by-laws have been in place since 2002, and a number of matters have evolved with the combined operation of the Clark and Bowmanville branches under the single Clarington Museum and Archives structure. If Council endorses moving to an advisory board structure, the appropriate by-law should be forwarded to Council for approval, and the existing by-laws would be rescinded. 2. Options for Continued Operation of the Museum and Archives Two options are presented for Council's consideration for ongoing operation of the Clarington Museum and Archives: Option A: Board of Management The existing by-law provides for the Board to operate the Museum on behalf of Council, with its activities governed by the by-law. The governing by-law language has resulted in different interpretation by the Board and Council on certain matters. Consequently it is recommended that, if the Board is to continue under the current mandate, it would be helpful to provide clarification and definition of some of the clauses of the existing by-law along with consolidation of the relevant clauses the by-laws. These changes are incorporated into the proposed updated by-law- attachment#1. The major changes to the by-law include reference to use of/and access to funds, clarification of the process for contracting of services and commitment of the Municipality resulting from entering into of agreements as well the definition of capital assets/projects requiring Council approval. The format of the by-law has been changed to categorize segments for ease of reference. It also suggests that the Municipal CAO become the Administrative authority to provide direction to the Museum Administrator for decisions that the Board otherwise make, during the transition timeframe between elections and new Board appointments. 1509 REPORTNO.: COD-02-07 PAnF d I I REPORT NO.: COD-02-07 PAGE 4 r Option B: Advisory Board Council has the ability under the Municipal Act, to dissolve the Board and provide for Museum operations to be incorporated into the corporate structure. Should Council deem that this would be of benefit to the continued operation of the Museum; the Board could be structured as an advisory board for the purpose of providing recommendations and advice on cultural, historical and archival matters of interest to the Municipality. It would operate similar to other advisory boards such as the Agriculture Advisory Board, and would not be responsible for making decisions related to finance, budget or employment as provided for under the current Board of Management structure. This option would require the existing by-laws to be rescinded, and the general terms of reference for the advisory board would be defined and forwarded to Council for approval. The operation of the museum would be absorbed into the overall corporate organizations structure. 3. Meeting with Board It is suggested that the newly appointed Museum Board be given an opportunity to meet for the purpose of communicating the decision of Council, and the proposed new by-law, under either option. The meeting would be hosted by the Chief Administrative Officer. It is suggested that the Director of Finance, Director of Operations and the Director of Corporate Services be present at the meeting in order to answer any questions or concerns of the Board or the Museum Administrator. I �I CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 1510 by-Law2007 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT# By-Law 2007- Being a bylaw set out the Governing Terms of Reference for the Clarington Museums and Archives Board and to consolidate the details of the establishing by-law 2002-45 and 2004-10, and thereafter repeal by-laws 2002-45 and 2004-10 WHEREAS the Municipal Act RSO 1990 c M. 45 as amended S.207 (58) authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on its behalf for this purpose; AND WHEREAS by-law 2002-45 established a Board of Management (the Board) as recommended in the Addendum to Report CSD-07-02, to operate the combined Clarke and Bowmanville Museums as the Clarington Museums and Archives (the Museum), and by-law 2004-10 amended by-law 2002-45 to clarify the Board composition, and it is desirable to now consolidate the details of these two by-laws and update the governing rules and terms; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: A. APPLICATION OF BY-LAW 1. Interoretation: any difference in the interpretation of the terms outlined in this by-law will default to the Council interpretation or to the Municipal Chief Administrative Officer in any situation where Council is not in session. 2. Limitations and Restrictions of Board: Council authorizes the Board to operate the Museum within the terms of this by-law and subject to the conditions contained herein. Council may change any of the limitations or terms of any part of this by-law from time-to-time by by-law, resolution, direction to the Chief Administrative Officer of the Municipality, or otherwise: 3. Policies: The Museum will generally be governed by the prevailing Corporate and Administrative policies of the Municipality. The Museum Board may adjust the policies to relate to the specifics of the Museum, however the intent and principle of the Municipal policy will be the default interpretation in any question of interpretation of policy. 4. Documents & Records: All documents, records and books of record shall be available for inspection at any time by Council, and shall be turned over to Council immediately at it request. B. CLARKE MUSEUM and ARCHIVES BOARD: B.1 1) Board MemberComoosition Shall consist of up to a maximum of 12 voting members comprised of, as reasonably possible: 8 Public Representatives being 2 members from each ward 1 member representative of the Friends of the Museum 1 member representative from the Newcastle Village and District Historical Society 2 appointed members of Council and one ChairNice Chair 1511 a,ou a viLm-unair, wno wm serve in that capacityforthe term of the Board The Board will select from among their members, by consensus vote, a Chair and a Vice-Chair, who will serve in that capacity for the term of the Board appointments. ( 2) Vacancy/ Insufficient Applications In the event that insufficient applications are received to fill the 2 positions from each ward, members will be appointed from the remaining applications. Council may determine that the Board shall consist of less than the 12 members if the applications are not sufficient or if applications are not deemed by Council to be acceptable. In the case of a vacancy by the death or resignation of a member or from any cause other than the expiration of the term for which the member is appointed, Council may appoint another eligible person in the member's place for the unexpired portion of the term. B.2 Board Authority Appointment and Term 1) Authon The Board of Management operates the Clarington Museum and Archives on behalf of Council and serves entirely at the pleasure of Council. The Board is authorized to act only as provided for, and in accordance with the terms set out in this by-law. 2) Appointments The appointments to the Board Member position shall be at the pleasure of Council and are subject to removal at the direction of Council 3) Term The Board will serve a term coinciding with the term of Council. If Council is in the position of being lame-duck, the provisions of the transition period apply. 4) Transition Period— End of Term to New Board Appointment The Municipal Chief Administrative Officer will provide direction regarding Museum administrative and operating matters to the Museum Administrator during the time between the end of the term of Council and the Board, or where a lame-duck Council exists, until the Board assumes its duties at the first regularly scheduled meeting of the newly constituted Board. B.3 Board Member Compensation The members of the Board shall serve without remuneration or compensation in any form. B.4 Conflict of Interest—.Code of Ethics / Pecuniary Interest 1) No members of the Board or of Council shall have any contract with the Board or be pecuniary interested directly or indirectly in any contract work relating to the operations or functions of the Board or activities of the Museum. 2) The Board shall be governed by the prevailing Code of Ethics Policy of the Municipality of Clarington. 1512 Practices and the no-benefit provisions ralntwi tn fha W,,,CUuywnrnctor interest 3) The Board and all Museum employees will be governed by conflict of interest practices and the no-benefit provisions related to the purchase of goods or services as set out in the prevailing Municipal Purchasing By-law and policy. B.5 Meetings 1) Meeting Schedule The Board will as reasonably possible, set a monthly meeting date, with the exception of July and August. Meetings outside of normally scheduled meetings will be at the call of the Museum Chair. Meetings will be scheduled for the year and approved by the Board at a regularly scheduled meeting. The meetings of the Board shall be open to the public and no person shall be excluded there from except for improper conduct. 2) Quorum The majority of the members of the Board constitute a quorum. If a quorum is not present, the meeting will be adjourned and an alternate meeting date will be scheduled by the Chair in consultation with the Vice-Chair, with notice to be communicated to the Board members 5 days in advance of the re-scheduled meeting date. 3) Business Conducted Business to be conducted at the scheduled meeting will be set out in an agenda with sufficient detail to be able to make a decision at the scheduled meeting. The agenda will be circulated at 3 days in advance of the meeting, where reasonably possible. All decisions of actions taken by the Board, or to be undertaken, or direction to Museum staff outside of normal operating procedures in compliance with this by- law, shall be documented by resolution in minutes taken at the meeting. The Board may fix the times and places for meetings of the Board and the mode of calling the meetings and make regulations governing the conduct of its members and employees at such meetings. 4) Minutes The Board shall keep minutes of its meetings and all books papers and documents used in and pertaining to the business of the Board and all such minutes, books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 5) Confidential Meeting /Minutes /Records The Board shall conduct confidential or closed meetings as identified on the agenda, only for the purposes of discussing, personnel, legal, or property 1513 connaentiai meetings, with decisions set out in resolution form. detailed information. Confidential minutes shall be kept of all actions taken in confidential meetings, with decisions set out in resolution form. Minutes Submitted to Municipal Clerk The minutes of all Board meetings, including confidential or closed meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. Minutes will be included in Council agendas with in-camera minutes circulated by the Clerk to the Members of Council under separate confidential cover. C. MUSEUM ADMINISTRATOR: 1) Board Meetinas and Authorization: The Museum Administrator, or such other position authorized by Council to perform similar duties, shall attend each Board Meeting for the purposes of providing information on the status of all museum matters, providing advice, and seeking authorization and direction from the Board and /or Council/ and /or the Municipal Chief Administrative Officer within the Terms of Reference of this by- law. The Museum Administrator is not considered a Board Member. The Museum Administrator will take, or arrange for the minutes of all meetings to be recorded. 2) Vacant or Absent Position The Municipal Chief Administrative Officer shall have authority to appoint appropriate staff to perform the administrative and operating functions of the Museum, should the position of Administrator become vacant or absent for any reason or for any length of time over and above Board approved normal and approved vacation, or Board approved short term approved leave of absence, not extending beyond 4 weeks. In such an event of vacant or absent position, the Chief Administrator will advise Council and the Board of actions taken. Authorization for action outside of the normal operating activities will be provided by Council. D. GOVERNING TERMS -OPERATING DA _Hours of Operation & Patron Use -The Board may 1. Fix the hours when the Museums shall be open to the public 2. Set required payment of fees or charges for admission thereto or the use thereof and prescribe such fees and charges. 3. Adopt policy for rules for the patron use of the Museums and the admission or prescribe such fees and charges. D.2 Historical Interests —The Board may authorize: 1. Sale of Product: Sell literature of historical significance or interest. Sell within the museum, souvenirs and refreshments at such prices as the Board may decide. 2. Publications: 1514 W. vvw11MMI tiroups Produce copy and distribute historical publications and documents related to the history of the Municipality. 3. Volunteer Groups Encourage and generally assist volunteer groups with the further development of museums archives and historical matters within the Municipality, without expenditure of funds unless identified and approved by Council in the annual budget, or unless the funds are nominal in total. 4. History & Development Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. D.3 Contracts/agreements The Museum will not enter any agreement for provision of service or goods, without prior written approval of the Council unless the goods or service has been een identified with II the relevant terms conditions as part of the annual budget approval process and such agreement is applicable 9 pp cable to the current budget year under approval. The Museum does not have the authority, without express written Council approval, to commit Council or the Museum legally, financially or otherwise to any contract or agreement for any purpose. D.4 Emplovment/ Compensation 9) Payroll /Compensation Documents —The Board will Provide the Clerk a. A copy of all payrolUcompensation policies adopted by Board to Council, with any updates as they are applied to any payroll or compensation policy. b. A copy of any performance appraisal system program procedure and policy. Such policy will mirror the Municipal Performance Policy and program, including the number of step increases to reach job rate. c. A list of all current employees, updated annually or as employees other than student or tour guides are added or deleted. 2) Emplovment Offers - With orior approval of Council (other than studentl a. Generate offer of employment letters following the standard format letters used by the Municipality, for full-time and part-time persons. b. Prescribe their duties c. Set their salaries and other benefits of employment as the Board considers to be necessary and appropriate provided that: 1. No contract shall be made with a new officer or employee of the Board nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council; 2. No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council; and, 3. The salaries and benefits of employment of all full and part time officers and employees shall not exceed the salaries and benefits for full and part time officers and employees of the Board provided for in the current estimates of expenditures approved by Council and such benefits shall not exceed those offered to Town employees in the years in question. 4. The employment benefits offered will be with the same provider of the master benefit plans, and will be governed by the rules and restrictions as applied to any Municipal plan. 1515 identified specifically in the budget estimates, and anv increase shall not 5. The proposed annual performance appraisal program increases will be identified specifically in the budget estimates, and any increase shall not exceed the percentage merit increase in any step movement, available to Municipal employees. 3) Payroll Services The Municipality will process the payroll for the Museum employees, and will invoice the Museum for repayment of applicable payroll related charges, without administrative surcharge. E. FINANCIAL MATTERS EA Property and Assets The capital assets including fixtures, land, structures and buildings are the property of the Municipality. Any proposed capital addition, deletion, or change to the fixture, structure, grounds, or intended use of such capital asset, shall be submitted in writing, through annual budget or Board resolution, for approval and authorization of Council, in advance of any change being undertaken. Subject to Council amendment or restriction, the following property will be under the general operation of the Museum Board. 1. CLARKE BRANCH: The building and grounds on the southeast comer of Church and Centre Streets (Municipal Address- 7086 Old Kirby School Board) in the Municipality of Clarington (former Village of Orono) will be known as the CLARINGTON MUSEUM-CLARKE BRANCH. 2. BOWMANVILLE BRANCH: the building and grounds fronting on Silver and Temperance Streets (Municipal Address- 37 Silver Street) in the Municipality of Clarington (former Town of Bowmanville) be known as the CLARINGTON MUSEUM-BOWMANVILLE BRANCH. 3. SARAH JANE WILLIAMS CENTRE: The main floor of the building, the basement and grounds fronting on Temperance Street (Municipal Address-62 Temperance Street) be dedicated to the CLARINGTON MUSEUM BOARD for use as archival display, program, meeting and office space upon its availability. The use of this building shall be in compliance with the donation set out in the terms of the Sarah Jane Williams indenture December 10, 1960. E.2 Audit The accounts and transactions of the Board shall be audited by the Municipal Auditor in the conjunction with the audit of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. Immediately after its accounts and transactions have been audited the Board shall submit an annual report of its affairs to Council. Council may from time to time authorize the Municipality to undertake an internal audit by its Finance Department or to co-ordinate an independent audit for any matter, by the Municipality's auditors at any time. E.3 Revenue and Funds 1. Funds from Sale of Product 1516 availablefor review by the Municipality at any time. Such funds will hi-aItta„► o,a The Museum may hold funds received for the sale of small historical type product as provided for in this by-law, with the supporting documents and receipts available for review by the Municipality at any time. Such funds will be identified ( for use in the annual budget calculations to offset operating expenditures. 2. Surplus Funds Surplus funds resulting from under expenditure or otherwise, in excess of the value of one month's normal operating expenses, will automatically be remitted to the Municipal Director of Finance by January 31 of the surplus year. The Municipality will identify these funds as Museum surplus and deposit them in the Municipality's accounts identified for Museum purposes. The Museum will identify the surplus funds in the preparation of the following year's budget estimates, for the purpose of offsetting proposed budget expenditures. Remittance of the surplus funds to the Museum will be included in the annual budget allocation, approved by Council. 3. Reserve Funds Reserve Funds, term deposits or any other financial vehicle will not be set up or held by the Museum. Any such funds received by the Museum from any source will be automatically turned over to the Municipality for deposit into Municipal accounts identified for Museum purposes, and will be maintained by the Municipality's Director of Finance. Access to such funds will be by written request of the Museum Board to Council or by the Director of Finance for projects as approved by Council in the annual budget. The Reserve Funds may be supported by any contributions made to the Museum, bequests to the Municipality or the Museum for historical or related purposes, or the Municipality may have an annual contribution provided for in the annual budget from the tax levy for museum purposes. Use of the Reserve Funds identified in the annual municipal budget will be used for the purposes of the museum as determined appropriate by Council. 4. Bequests, Legacy, Donations, or Wills All original documentation and any funds received by the Museum through bequests, donations, legacies, wills or any other means, will be automatically sent to the Municipality in its original form. The Municipality will maintain the original documents under the custody of the Clerk, and any associated funds will be maintained by the Municipality for the purposes it was intended. Access to the funds will be by written Board resolution to be approved by Council, or by Council direction, provided the use is for the purpose intended. 5.Petty Cash The Museum may retain a nominal petty cash fund for purchases of small items. All items acquired through petty cash will be documented for approval by the Museum Administrator, and allocation of the items to the appropriate expense account will be recorded as part of the monthly financial recording. No payment of any remuneration for any type of employment, tour guide, or other such function will be made through petty cash. E.4 Multi-Year Fundraising For Capital Purposes 1517 LaKe puce beyond a calendar year time frams shall be transferred to the Funds raised through fundraising drives and other mechanisms anticipated to take place beyond a calendar year time frams shall be transferred to the Municipality for deposit into Municipal accounts intended for Museum purposes. Receipts for charitable purposes shall be provided to all donors in compliance with the Income Tax Act. E.5 Expenditures No expenditures shall be paid unless based on appropriate supporting documentation. All cheques should be signed by two authorized signatories. The Museum Administrator shall report on a regular basis to the Museum Board on the status of the accounts with respect to budget with variances explained and documented through the minutes of the Museum Board. E.6 Budgets The Board shall on or before the 1*'day of February in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year. The Municipal Director of Finance shall pay to the Board a portion of the moneys approved in the prior year for normal operating expenses until the current year's budget is approved. The Director of Finance may pay a portion of the approved budget based on Board requisition Or shall pay the Museum accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. The Director of Finance is authorized to withhold payment of such requests based on reasonable grounds, and will report to Council any such action undertaken. BY-LAWS Rebeal of By-laws: #2002-45, and by-law# 2004-10 Effective Date of By-law: This By-Law shall take effect on the 18t day of February 2007 By-law read a first time this 29"' day of January 2007 By-law read a second time this 29"' day of January 2007 By-law read a third time and finally passed this 2Wh day of January 2007 MAYOR CLERK 1518 BY4AW#P7c.3.:f$4 ` ATTAC NT#2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON "-"'f '•°• ° By-Law 2002.045 being a by-law to establish a Board of Management to operate museums on its behalf-Clarington Museum Board. WHEREAS the Municipal Act, R.S.O. 1990, c M.45, as amended, S.207(58), authorizes the Council of a Municipality to maintain and operate museums and to appoint a Board of Management to act on Its behalf for this purpose; AND WHEREAS it is desirable that a board be appointed and known as the CLARINGTON MUSEUM BOARD for the purpose of operating Museums in the Municipality of Clarington; AND WHEREAS at their meeting held on April 29s', 2002, the Council of the Municipality of Clarington adopted the recommendations contained in the Addendum to Report CSD-07-02; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. THAT the buildings and lands as per Schedule "A' attached hereto shall be known as the CLARINGTON MUSEUM-CLARKE BRANCH;and, 2. THAT the buildings and lands as per Schedule 'A"attached hereto shall i be known as the CLARINGTON MUSEUM - BOWMANVILLE BRANCH; and, 3. THAT the main floor of the existing Bowmanville Library located at 62 Temperance Street, Bowmanville, as per Schedule OX attached hereto be dedicated to the Clarington Museum Board for use as archival, display, program, meeting and office space upon its availability, 4. THAT the CLARINGTON MUSEUM-CLARKE BRANCH, CLARINGTON MUSEUM - BOWMANVILLE BRANCH, and main floor of the existing Bowmanville Library(upon its availability) shall be managed by a Board of Management known as the CLARINGTON MUSEUM BOARD. 5. THAT the CLARINGTON MUSEUM BOARD shall be established to manage the Clarington Museum Clarke Branch, Clarington Museum - Bowmanville Branch and main floor of the existing Bowmanville Library (upon its availability)until the expiry of the term of the existing Boards. a) The CLARINGTON MUSEUM BOARD shall consist of eleven (11) members, comprised of eight (8) voting members (two (2) members from each ward); of which one member will be a representative of the Friends of the Museum;two (2)appointed voting members of Council; and one (1) non-voting Museums Administrator. b) In the case of a vacancy by the death or resignation of a member,or from any cause other than the expiration of the term for which the member is appointed, Council shall appoint another eligible person in the member's place for the unexpired portion of the term. 1119 6. The members of the Board shall serve without remuneration. 7. The majority of the members of the Board constitute a quorum. 8. No members of the Board, or of Council, shall have any contract with the Board, or be pecuniarily interested, directly or indirectly, in any contract work relating to the operations or functions of the Board. 9. Subject to such limitations and restrictions as Council may from time-to- time impose, by by-laws,resolution or otherwise,the Board may: a) Fix the times and places for meetings of the Board, and the mode of calling and conducting the meetings, and make regulations governing the conduct of its members and employees. b) Elect a Chairman, Vice-Chairman. and Secretary-Treasurer, all of whom shall hold office at the pleasure of the Board; or for such period as the Board may prescribe. c) Employ such full-time and part-time persons, prescribe their duties, and fix their salaries and other benefits of employments as the Board considers to be necessary and appropriate provided that I) No person shall be employed as a full or part time officer or employee other than a student employee unless his or her employment is first approved by Council; 11) No contract shall be made with a new officer or employee of the Board, nor shall a contract with a continuing officer or employee of the Board be amended in any respect without the prior approval of Council; iii) No full or part time officers or employees shall be added to the Board's complement of officers and employees except in accordance with the current estimates of expenditures for the Board approved by Council;and, Iv) The salaries and benefits of employment of all full and part time officers and employees shall not exceed the salaries and benefits for full and part time officers and employees of the Board provided for in the current estimates of expenditures approved by Council and such benefits shall not exceed those offered to Town employees in the years in question. d) Fix the hours when the Museums shall be open to the public, and required payment of fees or charges for admission thereto or the use thereof,and prescribe such fees and charges. a) Adopt policy for rules for the use of the Museums and for the admission thereto or the use thereof, and prescribe such fees and charges, f) Sell literature of historical significance or interest, sell within the museum, souvenirs and refreshments at such prices as the Board may decide. 1 20 9) Produce, copy and distibute historical publications and 9) Produce, copy and distibute historical publications and documents related to the history of the Municipality. h) Encourage and develop volunteer groups to assist in the further development of museums,archives and historical matters within the Municipality. 1) Carry out such others duties relating to the history and development of the Municipality as may be assigned by Council. 10.The meetings of the Board shall be open to the public,and no person shall be excluded there from except for improper conduct. 11.The Board shall keep minutes of its meetings and all books, papers and documents used in, and pertaining to the business of the Board, and all such minutes books, papers and documents shall be open to the members of Council and to any other parson or persons appointed for that purpose by Council; In accordance with the Municipal Freedom of Information and Protection of Privacy Ad The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 12.The Board shall, on or before the tat day of February in each year, prepare and submit to Council,an estimate of its financial requirements for the ensuing financial year, and the Municipal Director of Finance shall pay to the Board, out of the moneys appropriated for it by Council, such amounts as may be requisitioned from time-to-time. (Or shall pay the Museum accounts approved by the Board directly,in respect to,and to the limitations of,the approved budget,revenues and appropriation.) Q.The Board shall keep distinct and regular accounts of Its receipts (Including any private donations received by it and the terns, If any, upon which such donations were made),payments, credits and liabilities. 14.The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. 15.Immediately after its accounts and transactions have been audited, the Board shall submit the audited statement, together with an annual report of its affairs,to Council. 16.The Board may, with the approval of Council, establish a Museums Development Fund,into which donations and net revenues, If any,may be placed for future museum and archives development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. 17.This By-Law shall take effect on the 10 day of January 2004; and, the appointments shall be at the pleasure of Council and, unless sooner removed, the members shall hold office until the expiration of the term of Council that appointed them and until their successors are appointed. 1 21 By-Law read a first time this 29th day of April 2002. BY-Law read a second time this 2SP day of April 2002. By-Law read a third time and finally passed this 29h day of April 2002. CLERK 1 22 "QvvrcrvrvwIJUNyr IHtMUNICIPALITYOFCLARINGTON THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Schedule OX.to By-Law#2002-045 1. That the building and grounds fronting on Silver and Temperance Streets (Municipal Address — 37 Silver Street) in the Municipality of Clarington (former Town of Bowmanville) be known as the CLARINGTON MUSEUM —BOWMANVILLE BRANCH. 2. That the building and grounds on the south east comer of Church and Centre Streets (Municipal Address—7086 Old Kirby School Board)in the Municipality of Clarington (former Village of Orono) be known as the CLARINGTON MUSEUM—CLARKE BRANCH 3. That the main floor of the building and grounds fronting on Temperance Street (Municipal Address — 62 Temperance Street) be dedicated to the CLARINGTON MUSEUM BOARD for use as archival, display, program, meeting,and office space,upon Ws availability. 15 3 •�•�, iJ;N1 # ATTAC NT#: ( THE CORPORATION OF THE MUNCIIPALITY OF CLARINGTON BY-Law 2004-010 Being a by-law to amend By-law 2002-045,a by-law to establish a Board of Management to operate museums on its behalf- Clarington Museums and Archives Board and to repeal By-law 2003-195 WHEREAS in accordance with Section 58 of the Municipal Act R.S.O. 1990, c.M.45,as amended,the Council of the Corporation of the Municipality of Cladngton passed By-law 2002-045 on April 29.2002 to establish a Board of Management to operate museums on its behalf,referred to as the Clarington Museum Board; AND WHEREAS at a meeting held on January 19,2004,the Council of the Corporation of the Municipality of Clarington adopted the recommendations contained In Report CLD-02-04; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington Hereby Enacts as follows: 1. That Section 5.a)of By-law 2002-045 be deleted in its entirety and replaced with the following: 5. a) The Clarington Museums and Archives Board shall consist of thirteen(13)members,comprised of eight(8)voting members(two (2)members from each ward),one(1)voting member who shall be a representative of the Friends of the Museum,one(1)voting member who shall be a representative of the Newcastle Village and District Historical Society,two(2)appointed voting members of Council and one(1)non-voting Museums Administrator. 2. That Section 5.b)of By-law 2002-045 be amended by renumbering it as Section 5.c). 3. That a new Section 5. b)be added as follows: 5. b) In the event that Insufficient applications are received to fill the two (2)positions from each ward,members will be appointed from the remaining applications. 4. That By-law 2003.198 be repealed. By-law read a first and second time this 1 gm day of January 2004. By-law read a third time and finally passed this 19"'day of January 2004. 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