HomeMy WebLinkAbout07/07/2008
ClociJlgton
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
July 7,2008
9:30 A.M.
COUNCIL CHAMBERS
1. MEETING CALLED TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. MINUTES
(a) Minutes of a Regular Meeting of June 16,2008
401
5. PRESENTATIONS
(a) Robert Mongiat / Enza Cancilla, Hydro One, Regarding Report
PSD-070-08, Enfield Transformer Station - Class Environmental
Assessment Notice of Completion
6.
DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List)
601
(a) Richard Ward, Regarding His Past Delegations Before the Committee
and The Results
(b) Linda Gasser, Regarding EFW Health and Environmental Monitoring
(c) Libby Racansky, Regarding Report PSD-070-08
(d) Sandra Wedlock, Regarding Report PSD-076-08
(e) Krista Barr, Barr's Development, Regarding Report PSD-076-08
(f) Dan Strike, Regarding Report PSD-076-08
(g) Arthur Wynn, Regarding Report PSD-076-08
(h) Glenn Genge, G.D. Biddle & Assoc., Regarding Report PSD-077-08
(i) Glenn Genge, G.D. Biddle & Assoc., Regarding Report PSD-081-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
G.P. & A. Agenda
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July 7, 2008
U) Libby Racansky, Regarding Regional Growth Durham
(k) Libby Racanksy Technically Preferred 407 Route
7. PUBLIC MEETINGS
(a) Proposal to Convey Unopen Road Allowances Situated in Lots 3, 4 and 5, 701
Between Broken Front Concession A and Broken Front Concession B,
Former Township of Clarke
Applicant: Municipality of Clarington
Report: EGD-031-08
8. PLANNING SERVICES DEPARTMENT
(a) PSD-069-08 Monitoring of the Decisions of the Committee of 801
Adjustment for the Meeting of June 12, 2008
(b) PSD-070-08 Enfield Transformer Station - Class Environmental 805
Assessment Notice of Completion
(c) PSD-071-08 Application for Removal of Holding Symbol 819
Applicant: Prestonvale Heights Limited
(d) PSD-072-08 Go Rail Service Extension to Bowmanville Feasibility 824
Study
(e) PSD-073-08 Newcastle Village Community Improvement Plan 833
Implementation Community Liaison Group
(f) PSD-074-08 Application for Removal of Holding Symbol 840
Applicant: CCCC Durham East Limited
(g) PSD-075-08 Municipal Peer Review - Environmental Assessment for 846
New Nuclear Reactors at the Darlington Generating
Station (Darlington B)
(h) PSD-076-08 Application for Proposed Draft Plan of Subdivision, Official 854
Plan Amendment and Zoning By-Law Amendment
Applicant: Barr's Development Limited
(i) PSD-077 -08 Applications to Amend the Clarington Official Plan and 883
Zoning By-law by Bowmanville Creek Developments Inc.
to Permit a Wider Range of Commercial Uses
U) PSD-078-08 Applications for Removal of Holding 899006
Applicants: 2117412 Ontario Limited and Pointe of View
Developments (Stonecreek Pointe) Inc.
G.P. & A. Agenda
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July 7, 2008
(k) PSD-079-08 Ontario Heritage Trust
Heritage Community Recognition Program Nominee
899016
(I) PSD-080-08 Heritage Designation By-law Amendment
19 King Street East, Bowmanville
899020
(m) PSD-081-08 Stephenson Proposed Plan of Subdivision
Applicant: Patricia Stephenson
899028
(n) PSD-083-08 Confidential Report Regarding a Property Matter
(0) Confidential Verbal Report from the Director of Planning Services
Regarding a Property Matter
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-031-08 Proposal to Convey Unopen Road Allowances Situated in 901
Lots 3, 4 and 5, Between Broken Front Concession A and
Broken Front Concession B, Former Township of Clarke
(b) EGD-032-08 Amending Agreement of Understanding for Northglen 906
West Subdivision - Baysong Developments Inc.
(c) EGD-033-08 Roundabout Education Program 912
(d) E G 0-034-08 Mearns Ave. Reconstruction Canadian Pacific Railway 921
Company Agreement ...
(e) EGD-035-08 2008 Municipal Road and Bridge Infrastructure Projects 938
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-011-08 Residential Sprinklers - Correspondence from City of 1101
Mississauga
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD-016-08 Dissolution of Total Hockey 1201
(b) CSD-017-08 Grant Request - Event to Assist People Displaced by 1208
Bowmanville Fire
(c) CSD-018-08 Grade 5 Action Pass 1215
G.P. & A. Agenda
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July 7, 2008
(d) CSD-019-08 Newcastle & District Recreation Complex - Facility Update 1219
(e) CSD-020-08 Grant Request - Participation House Project 1223
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-021-08 Appointment of Officer 1301
14. CORPORATE SERVICES DEPARTMENT
(a) COD-039-08 RFP2008-2 - Garnet B. Rickard Recreation Complex - 1401
Lease Space
(b) COD-041-08 Purchase of a Pre-Built Pumper 1407
(c) COD-042-08 Tender CL2008-23, High Float Resurfacing 1412
(d) COD-044-08 Co-Operative Tender CL2008-17, Traffic Sign 1417
Requirements
(e) COD-045-08 Supplier Information Night 1422
(f) COD-046-08 CL2008-6, Construction of Knox Neighbourhood Park 1426
(g) COD-047-08 Bowmanville Tennis Club - Lease Renewal 1433
(h) COD-049-08 Joint Agreement Purchase - Orthophotography 1445
(i) COD-050-08 Clarington Kids Inc., Courtice Community Complex Lease 1474
Space
15. FINANCE DEPARTMENT
(a) FND-013-08 Financial Update as at March 31,2008 1501
(b) FND-014-08 2008/2009 Insurance Program 1507
(c) FND-015-08 Annual Statement for the Development Charges Reserve 1512
Funds for the Year Ended December 31,2007
16. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-006-08 Municipal Energy Management 1601
(b) CAO-007 -08 Confidential Report Regarding a Legal Matter
(c) CAO-008-08 Physician Recruitment 1607
G.P. & A. Agenda
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July 7, 2008
1615
(d) CAO-009-08 Flag Raising Policy
17. UNFINISHED BUSINESS
18. OTHER BUSINESS
19. COMMUNICATIONS
20. ADJOURNMENT
C!.fJ.L-!lJgton
General Purpose and Administration Committee
Minutes
June 16, 2008
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, June 16,2008 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy (left the meeting at 9:45 a.m.)
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
CouncillorW. Woo
Chief Administrative Officer, F. Wu
Facilities Manager, Community Services, G. Acorn
Deputy Fire Chief, Emergency Services, M. Berney
Director of Engineering Services, T. Cannella
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance, N. Taylor
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 at this meeting.
ANNOUNCEMENTS
Mayor Abernethy announced to the Committee the press release from the Provincial
Government stating the Darlington Nuclear site has been chosen for the Nuclear New
Build.
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General Purpose and Administration Committee
Minutes
June 16,2008
Councillor Woo announced the following;
· On Tuesday he attended the annual awards event of the Air Cadets Squadron
177.
· Along with Councillor Hooper he attended the OPG Environmental Convergence.
· On Friday Clarington Central Secondary School is the location of the Cancer
Society Relay for Life starting at 5:00 p.m.
Councillor Novak announced the following:
· Congratulations to the Bowmanville Lions Club on the success of the Duck
Derby.
· She attended the grand opening of the Perfect Party Place where there was a
cook-off to support the Breast Cancer Foundation.
· Kids Ride for Cancer was held at the Sears store in Bowmanville.
· She attended the Official Plan Review Open House on Tuesday June 10th, at
Faith United Church.
· Thursday at the Solina Hall an Open House will be held with regards to the
transfer station.
Councillor Hooper announced the following:
· Thursday is the beginning of the Bowmanville BIA's Fabulous Fifties Festival with
the main event being held on Saturday.
· He participated in the walk to show support for General Motors, Oshawa.
Councillor Foster announced the following events:
· Veridian Shareholder meeting is scheduled for Thursday, June 19th.
· Clarington Board of Trade annual Golf Tournament is scheduled for Thursday,
June 19th,
MINUTES
Resolution #GPA-372-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on June 2,2008, be approved.
CARRIED
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General Purpose and Administration Committee
Minutes
June 16, 2008
Deputy Mayor Novak chaired this portion of the meeting.
PRESENTATIONS
Sheila Hall, Clarington Board of Trade, addressed the Committee regarding Economic
Development. Ms. Hall introduced the other two members of the Clarington Board of
Trade who were in attendance; being Karen Fedato and Bonnie Wrightman. She
informed the Committee she has been visiting businesses in the area. To assist the
retail and service sectors the Clarington Board of Trade is teaming up with the
Communications Department of the Municipality of Clarington to launch a campaign to
encourage growth for this sector. Clarington Board of Trade is looking at opportunities
and possible solutions to ensure agriculture is sustained and recognized for their impact
on the economy. Ms. Hall informed the Committee in addition to these activities, the
Clarington Board of Trade feels it is important to ensure that partnerships, resources
and structures are in place to support growth and they are working closely with the
Region with regards to the official plan and sign by-law reviews. The Clarington Board
of Trade is offering satellite coaching programs. She was delighted to hear the good
news of the Nuclear New Build being awarded to the Darlington site. Mike Patrick is
undertaking a study of the existing skills and the skills required for this project to
encourage training opportunities.
DELEGATIONS
Jaison Gibson spoke to the Committee regarding Free Speech and Civil Disobedience.
He requested that a public outdoor podium be made available to citizens of Clarington
to use to discuss topics of interest. He informed the Committee that he is not sure the
announcement of the Nuclear New Build being awarded to the Darlington site is a good
thing. He has concerns that there will be very little green space left. He informed the
Committee there may be a Military Parade on June 28,2008 and he does not want to
see pain and destruction glorified, he would like to see the troops removed from
Afghanistan and put into Burma where he feels the help is actually needed. He
requested that Council reconsider the 10 minute limit for delegations to address the
Committee.
Perpetua Quigley, scheduled to address the Committee regarding Free CPR training in
all the high schools within the Municipality of Clarington, was called but was not in
attendance.
Wayne Clarke addressed the Committee regarding Addendum to Report FND-012-08.
He informed the Committee he had submitted a letter on June 6, 2008 to the Mayor and
Members of Council. His main concern is with the use of the growth population figure
and how this was obtained. Mr. Clarke requested the Committee to revisit the request
for amending the existing by-law,
Richard Ward, scheduled to address the Committee regarding suspending actions
pending request for a criminal investigation, was called but was not in attendance.
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General Purpose and Administration Committee
Minutes
June 16, 2008
Anne White addressed the Committee regarding Confidential Report CLD-020-08. She
stated the problems arose from complaints from a neighbour who does not reside there
any longer. Ms. White expressed concerns over the building permits she obtained
which the Municipality cannot find. She maintains the apartments are legal.
PUBLIC MEETING
(a)
Subject:
Applicant:
Report:
An Application to Amend the Zoning By-Law 84-63
Prestonvale Road Land Corporation
PSD-059-08
Sue Ashton, Senior Planner, Planning Services Department provided a verbal report
supported by a Powerpoint presentation pertaining to Report PSD-059-08.
No one spoke in opposition to or support of Report PSD-059-08.
Heidi Stephenson and Katrina Metzner, Halimien Homes, were present on behalf of the
Applicant to answer any questions or concerns. Ms. Stephenson informed the
Committee the houses being built and the brochures distributed where a result of an
oversite on behalf of the new marketing person and assured the Committee this would
not happen again.
(b)
Subject:
Applicant:
Report:
Amendment to Zoning By-Law 84-63
Municipality of Clarington
PSD-060-08
Tracey Webster, Planner, Planning Services Department provided a verbal report
supported by a Powerpoint presentation pertaining to Report PSD-060-08.
Tom McKee, Courtice resident spoke in opposition to Report PSD-060-08. Mr. McKee
informed the Committee he had been storing RV's, boats, etc, on his property for years
and had to close down in February. He has concerns with regards to the message this
report may be sending out to the residents and would like to know why this report was
brought forward.
Libby Racansky addressed the Committee with respect to Report PSD-060-08. She
questioned the zoning of a piece of property near Solina Road which she feels is
currently being used as a transfer station and voiced concerns with respect to the noise
being created and questioned if it is zoned agregate.
No one spoke in support of Report PSD-060-08.
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General Purpose and Administration Committee
Minutes
June 16, 2008
(c)
Subject:
Applicant:
Report:
An Application to Amend the Clarington Zoning By-Law
Municipality of Clarington
PSD-061-08
Isabel Little, Planner, Planning Services Department provided a verbal report supported
by a Powerpoint presentation pertaining to Report PSD-061-08.
Kerry Meydam spoke in opposition to Report PSD-061-08. Ms. Meydam expressed
concerns with regards to the dumping of debris on the designated wetland area. She
would like to see provisions included to address the debris being placed on the
wetlands. She is in agreement to the public being educated.
Libby Racansky spoke in opposition to Report PSD-061-08. Ms. Racansky would like to
see a 5 metre set back be included in the recommendations, and have the ownership of
the wetlands stay with the Municipality of Clarington with the words "conservation
protection area" included, She would like to see the Planning Department use the guide
from 1994 for this area and have the lands protected forever.
No one spoke in support of Report PSD-061-08.
Resolution #GPA-373-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the Committee recess for 10 minutes.
CARRIED
The meeting resumed at 11 :26 a.m.
PLANNING SERVICES DEPARTMENT
AMENDMENT TO THE ZONING BY-LAW TO PERMIT DWELLINGS
WITH A VARIETY OF GARAGE PROJECTIONS AND GARAGE WIDTHS
APPLICANT: PRESTONVALE ROAD LAND CORPORATION
Resolution #GPA-374-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report PSD-059-08 be received;
THAT the rezoning application submitted by Prestonvale Road Land Corporation be
approved;
THAT the amending By-law as shown in Attachment 2 to Report PSD-059-08 be
approved;
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General Purpose and Administration Committee
Minutes
June 16,2008
THAT a copy of Report PSD-059-08 and the attached amending By-law be forwarded to
the Durham Region Planning Department; and
THAT all interested parties listed in Report PSD-059-08 and any delegation be advised
of Council's decision.
CARRIED
MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING
BY-LAW 84-63
Resolution #GPA-375-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-060-08 be received;
THAT the proposed changes to By-law 84-63 continue to be reviewed to address
outstanding issues and any concerns raised at the public meeting; and
THAT the interested parties listed in Report PSD-060-08 be advised of Council's
decision.
CARRIED
PROPOSED ZONING BY-LAW AMENDMENT BY THE MUNICIPALITY OF
CLARINGTON FOR 3289 TRULLS ROAD NORTH IN COURTICE
Resolution #GPA-376-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-061-08 be received;
THAT the proposed amendment to Zoning By-law 84-63 to permit the development of
four residential lots continue to be processed including the preparation of a subsequent
report; and
THAT the Region of Durham, all interested parties listed in Report PSD-061-08, and
any delegations at the Public Meeting be advised of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
June 16, 2008
APPEAL OF OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND
SITE PLAN CONTROL APPLICATION, FILES COPA 2007-0007, ZBA 2007-0026,
SPA 2007-0021
APPLICANT: ADESA AUCTIONS CANADA CORPORATION AND IMPACT AUTO
AUCTIONS LTD.
Resolution #GPA-377-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report PSD-062-08 be received for information; and
THAT all interested parties listed in Report PSD-062-08 and any delegation be advised
of Council's decision.
CARRIED
OMB DECISION ON MOTION TO DISMISS APPEAL OF ZONING BY-LAW
AMENDMENT APPLICATION ZBA2006-0021
APPLICANT: JAMES TOSSWILL
Resolution #GPA-378-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-063-08 be received for information.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: 511 060 ONTARIO LTD.
Resolution #GPA-379-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report PSD-064-08 be received;
THAT the request for Removal of Part Lot Control by 511060 Ontario Ltd. with respect
to Lots 13 to 18 inclusive on Plan 40M-2094, be approved and that the Part Lot Control
By-law attached to Report PSD-064-08 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
THAT all interested parties listed in Report PSD-064-08 and any delegations be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
June 16,2008
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: BRENDA AND ADAM STEPHENSON
CLARNEW DEVELOPMENTS PHASE II
Resolution #GPA-380-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report PSD-065-08 be received;
THAT the request for Removal of Part Lot Control by Brenda and Adam Stephenson
with respect to Lot 131 on Plan 40M-2038, be approved and that the Part Lot Control
By-law attached to Report PSD-065-08 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
THAT all interested parties listed in Report PSD-065-08 and any delegations be advised
of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: GAGE PARK DEVELOPMENTS INC.
Resolution #GPA-381-08
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report PSD-066-08 be received;
THAT the request for Removal of Part Lot Control by Gage Park Developments Inc. with
respect to Lots 1-36, 57-62 and Blocks 78 to 94, all inclusive on Plan 40M-2361, be
approved and that the Part Lot Control By-law attached to Report PSD-066-08 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
THAT all interested parties listed in Report PSD-066-08 and any delegations be advised
of Council's decision.
CARRIED
ORONO COMMUNITY IMPROVEMENT PLAN AMENDMENT
Resolution #GPA-382-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-067-08 be received;
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General Purpose and Administration Committee
Minutes
June 16, 2008
THAT the Orono Community Improvement Plan Amendment NO.1 (Attachment 1 to
Report PSD-067 -08) be approved;
THAT the necessary By-law contained in Attachment 2 to Report PSD-067 -08 be
passed;
THAT the Ministry of Municipal Affairs and Housing and Region of Durham Planning
Department be forwarded a copy of Report PSD-067-08 and Council's decision; and
THAT all interested parties listed for Report PSD-067 -08 and any delegations be
advised of Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF MAY 29,2008
Resolution #GPA-383-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report PSD-068-08 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on May
29,2008 for applications A2008-0014, A2008-0017 and A2008-0018 and that staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
CARRIED
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
AGREEMENT OF UNDERSTANDING FOR FOSTER CREEK NORTH SUBDIVISION
(18T -89059) - L1NDVEST PROPERTIES LIMITED
Resolution #GPA-384-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report EGD-027 -08 be received;
THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the
Municipality of Clarington, the Agreement of Understanding with Lindvest Properties
Limited for the cut, fill and grading works and the erosion and sedimentation control
works on the draft approved Foster Creek North Subdivision (18T -89059);
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General Purpose and Administration Committee
Minutes
June 16, 2008
THAT Council approve the by-law attached to Report EGD-027-08 to confirm its
decision to enter into the Agreement of Understanding with Lindvest Properties Limited;
and
THAT Lindvest Properties Limited be notified of Council's decision and that the
Agreement of Understanding be forwarded to them for execution once it has been
drafted to the satisfaction of the Director of Engineering Services and the Municipality's
Solicitor.
CARRIED
PROPOSAL TO CLOSE AND CONVEY A PORTION OF AN UNO PEN ROAD
ALLOWANCE SITUATED IN LOT 27, BROKEN FRONT CONCESSION, FORMER
TOWNSHIP OF CLARKE
Resolution #GPA-385-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report EGD-028-08 be received;
THAT Council authorize the publication of a notice of application that the Municipality
intends to pass a by-law to close that part of the unopen road allowance situated
between George Manners Street (unopen) and Park Lane (Attachment NO.1 to Report
EGD-028-08) and in Lot 27, Broken Front Concession, Former Township of Clarke,
pursuant to section 34 of the Municipal Act and By-Law No. 95-22;
THAT when Section 34 of Municipal Act and By-Law No. 95-22 have been complied
with, Council pass a by-law and declare that portion of the unopen road allowance to be
surplus;
THAT subject to Council's consideration of any representations made at the public
meeting respecting the passing of by-laws declaring the subject lands to be surplus, and
authorizing the closure of the subject lands as a public highway and its conveyance to
the applicant, Council pass the necessary by-laws to implement Report EGD-028-08;
THAT the applicant pay all legal, advertising, appraisal and land costs associated with
this transaction; and
THAT Mr. Corey Barr be advised of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
June 16, 2008
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2008
Resolution #GPA-386-08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report EGD-029-08 be received for information.
CARRIED
SITE ALTERATION BY-LAW AND POLICIES AND PROCEDURES
Resolution #GPA-387-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report EGD-030-08 be received;
THAT the Site Alteration By-law - Policies and Procedures be endorsed by Council; and
THAT subject to a final review of the By-Law by the Director of Engineering Services
and the Municipal Solicitor, Council enact the Site Alteration By-law.
CARRIED
Councillor Trim chaired this portion of the meeting.
OPERATIONS DEPARTMENT
2008 WINTER BUDGET REPORT
Resolution #GPA-388-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report OPD-007 -08 be received for information.
CARRIED
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Minutes
June 16,2008
Councillor Woo chaired this portion of the meeting.
EMERGENCY AND FIRE SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT - MAY 2008
Resolution #GPA-389-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report ESD-009-08 be received for information.
CARRIED
EMERGENCY AND FIRE SERVICES - 2007 ANNUAL REPORT
Resolution #GPA-390-08
Moved by Councillor Hooper, seconded by Councillor Trim
THAT Report ESD-010-08 be received for information.
CARRIED
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
SUPPLEMENTARY RATES AND FEES
Resolution #GPA-391-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report CSD-013-08 be received;
THAT the Supplementary Rates and Fees Report CSD-013-08, as outlined in
Attachment #1 to Report CSD-013-08, be approved; and
THAT the Corporate Membership Program be renamed the Group Membership
Program and that the program be available to any group of 10 or more individuals
purchasing a membership at the same time.
CARRIED
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General Purpose and Administration Committee
Minutes
June 16,2008
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
CONFIDENTIAL REPORT - ZONING MATTER REGARDING ILLEGAL
APARTMENTS
Resolution #GPA-392-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report CLD-020-08 be received for information; and
THAT Anne White be advised of Council's decision.
CARRIED
Deputy Mayor Novak chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
ARRANGEMENT WITH KNOX CHRISTIAN SCHOOL FOR PERMITTED USE OF
SOCCER FIELD(S)
Resolution #GPA-393-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report COD-031-08 be received;
THAT a lease agreement between the Municipality of Clarington and Knox Christian
School be approved, as set out in Schedule "A", Attachment #1 to Report COD-031-08,
Conditional on approval by Knox Christian School; and
THAT the attached By-law marked Schedule "B", Attachment #2 to Report COD-031-08,
be approved authorizing the Mayor and the Clerk to execute the necessary agreement.
CARRIED
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General Purpose and Administration Committee
Minutes
June 16, 2008
CL2008-20, 2008 CRACK SEALING PROGRAMS, VARIOUS LOCATIONS
Resolution #GPA-394-08
Moved by Councillor Hooper, seconded by Councillor Robinson
THAT Report COD-033-08 be received;
THAT Road Savers 2000 Ltd, Toronto, Ontario with a total bid in the amount of
$37,295.72 (excluding G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2008-20, be awarded the contract to provide
crack sealing at various locations as required by the Municipality of Clarington;
THAT pending satisfactory service and acceptable pricing the contract be extended for
a second and third year;
THAT the funds required be provided from the Operations Department 2008
Budget Account #100-36-381-10250-7163; and
THAT the attached By-law marked Schedule "A" to Report COD-033-08 authorizing the
Mayor and Clerk to execute the necessary agreement be approved.
CARRIED
CONFIDENTIAL REPORT - REGARDING A PERSONNEL MATTER
Resolution #GPA-395-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the recommendations contained in Confidential Report COD-035-08 be
approved.
CARRIED
TOTAL HOCKEY OFFICIAL MARK/OFFICIAL DESIGN REGISTRATION
Resolution #GPA-396-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report COD-36-08 be received;
THAT Council approves the release of the Total Hockey Official Mark for the sum of
$2,500.00 (CON) identified as the amount paid by the Municipality for the purpose of
registering the mark.
REFERRED BACK TO STAFF
(See Following Motion)
-14 -
414
General Purpose and Administration Committee
Minutes
June 16, 2008
Resolution #GPA-397-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-036-08 be referred back to Staff for consideration of inclusion of the
Total Hockey Official Mark with the disposition of the artifacts.
CARRIED
LIONS CLUB OFFER TO LEASE, CLARINGTON BEECH CENTRE
Resolution #GPA-398-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report COD-037-08 be received;
THAT the Manager of Purchasing be authorized to proceed with the formal negotiations
of a new lease agreement with the Bowmanville Nursery School, a project of the
Bowmanville Lions Club, for the lease of space in the Clarington Beech Centre in the
amount of $964.58/ month for the term of September 1,2008 to June 30, 2009;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a form
satisfactory to the Municipal Solicitor; and
THAT the attached By-law marked Schedule UN' to Report COD-037 -08 authorizing the
Mayor and Clerk to execute the proposed Lease Agreement with the Bowmanville Lions
Club be approved.
CARRIED
ONTARIO REALTY CORPORATION, LEASE EXTENSION -132 CHURCH STREET,
(COURT ROOM)
Resolution #GPA-399-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report COD-038-08 be received;
THAT the lease extension from the Ontario Realty Corporation for the Lease space at
132 Church Street, Bowmanville, in the amount of $5,400.00 per year for the term of
June 1,2008 to May 31,2009 be approved; and
-15 -
415
General Purpose and Administration Committee
Minutes
June 16, 2008
THAT the attached By-law marked Schedule "A" to Report COD-038-08 authorizing the
Mayor and the Clerk to execute the proposed Lease agreement marked Schedule "B" to
Report COD-038-08 with the Ontario Realty Corporation be approved.
CARRIED
CL2008-21, FOSTER CREEK EROSION PROTECTION @ ROBERTS STREET,
NEWCASTLE
Resolution #GPA-400-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-040-08 be received;
THAT S & F Excavating Limited, King City, Ontario with a total bid in the amount of
$184,500.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2008-21, be awarded the contract for the
Foster Creek Erosion Protection @ Roberts Street, Newcastle as required by the
Engineering Department;
THAT funds required in the amount of $237,000,00 (which includes $184,500.00
Tendering, Consulting and Contingencies) be drawn from Engineering 2007 and 2008
Capital Account #110-32-340-83317-7401 in the amount of $230,000.00 and from
Engineering 2007 Capital Account #110-32-342-83315-7401 in the amount of
$7,000.00; and
THAT the attached By-law marked Schedule "A" to Report COD-040-08 authorizing the
Mayor and the Clerk to execute the necessary agreement be approved.
CARRIED
FINANCE DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CHIEF ADMINISTRATIVE OFFICE
There were no reports to be considered under this section of the Agenda.
- 16 -
416
General Purpose and Administration Committee
Minutes
June 16, 2008
UNFINISHED BUSINESS
PRESENTATION - CLARINGTON BOARD OF TRADE- REGARDING ECONOMIC
DEVELOPMENT
Resolution #GPA-401-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentation from Sheila Hall, Clarington Board of Trade be received with
thanks and gratitude for all of their efforts.
CARRIED
DELEGATION - JAISON GIBSON - FREE SPEECH AND CIVIL DISOBEDIENCE
Resolution #GPA-402-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the delegation of Mr. Jaison Gibson be received.
CARRIED
DELEGATION - WAYNE CLARKE - ADDENDUM TO REPORT FND-012-08
Resolution #GPA-403-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the delegation of Mr. Wayne Clarke be referred to the Director of Finance.
CARRIED
OTHER BUSINESS
BOWMANVILLE COMMUNITY IMPROVEMENT PLAN AMENDMENT
Resolution #GPA-404-08
Moved by Councillor Hooper, seconded by Councillor Woo
WHEREAS Council adopted the Bowmanville Community Improvement Plan (CIP) and
project area by By-law 2005-123 in June and the Ministry of Municipal Affairs and
Housing approved the CIP with amendments on September 16, 2005;
WHEREAS Community Improvement Plans allow the Municipality to provide incentives
to business owners and property owners within the Project Area (as set out in the CIP);
- 17 -
417
General Purpose and Administration Committee
Minutes
June 16, 2008
WHEREAS the two other Community Improvement Plans in Clarington have infill
grants;
WHEREAS at the time the Bowmanville Community Improvement Plan was written
there was no opportunity for infill development within the historic downtown core;
WHEREAS on April 29th, the four buildings between 19 % to 33 King Street West were
damaged by fire; and
WHEREAS the Municipality would like to assist the property owners in rebuilding in
accordance with the historic main street features:
NOW THEREFORE BE IT RESOLVED THAT Staff be authorized to review and bring
forward to a Public Meeting, as called for in the Planning Act, a proposed amendment to
the Bowmanville Community Improvement Plan to provide an infill grant with conditions
and funding levels similar to the other CIP's.
CARRIED
2008 BUDGET REVIEW AND 2009 BUDGET SCHEDULE REQUEST
Resolution #GPA-405-08
Moved by Councillor Trim, seconded by Councillor Robinson
WHEREAS a number of previous Budgets were not approved until April or even May of
the budget year;
WHEREAS the 2008 Budget was approved by Council on January 28, 2008; and
WHEREAS much effort and many adjustments were made by staff to achieve approval
for the 2008 Budget:
NOW THEREFORE BE IT RESOLVED,THAT the Council of the Municipality of
Clarington directs staff to report to Council early in September 2008 on the following:
a) the 2008 Budget vs. actuals for the first half of 2008; and
b) the tentative schedule for the 2009 Budget to achieve Council approval of
the 2009 Budget by January 31,2009.
CARRIED
-18 -
418
General Purpose and Administration Committee
Minutes
June 16, 2008
TOTAL HOCKEY ASSETS
Resolution #GPA-406-08
Moved by Councillor Woo, seconded by Councillor Robinson
WHEREAS the Municipality will soon be disposing of the assets of the Total Hockey
Collection;
WHEREAS individuals have expressed interest in acquiring the list of the assets;
WHEREAS the Council of the Municipality of Clarington deems it desirable to release
the list of the assets in order to generate interest in the subsequent tender process:
NOW THEREFORE BE IT RESOLVED THAT staff be authorized to release the list of
the assets of the Total Hockey Collection.
WITHDRAWN
(See following motion)
Resolution #GPA-407-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the foregoing resolution #GPA-406-08 be tabled to permit staff to compile the
final list of assets.
MOTION LOST
The foregoing Resolution #GPA-406-08 was then withdrawn by Councillor Woo.
CONFIDENTIAL PROPERTY MATTER
Councillor Robinson stated he had a pecuniary interest with respect to this Confidential
Property Matter and refrained from attending the closed meeting.
Resolution #GPA-408-08
THAT the meeting be closed to consider a confidential property matter.
CARRIED
The meeting resumed in open session at 1 :12 p.m.
BANNERS
Councillor Robinson requested the extra banners at the Operations Department be
displayed in the hamlets of the Municipality of Clarington.
-19 -
419
General Purpose and Administration Committee
Minutes
June 16, 2008
COMMUNICATIONS
There were no communication items to be considered.
ADJOURNMENT
Resolution #GPA-409-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 1 :20 p.m.
CARRIED
MAYOR
DEPUTY CLERK
- 20 -
420
DRAFT LIST
OF DELEGATIONS
GPA Meeting: July 7,2008
(a) Richard Ward, Regarding His Past Delegations Before the Committee and
The Results
(b) Linda Gasser, Regarding EFW Health and Environmental Monitoring
(c) Libby Racansky, Regarding Report PSD-070-08
(d) Sandra Wedlock, Regarding Report PSD-076-08
(e) Krista Barr, Barr's Development, Regarding Report PSD-076-08
(f) Dan Strike, Regarding Report PSD-076-08
(g) Arthur Wynn, Regarding Report PSD-076-08
(h) Glenn Genge, G.D. Biddle & Assoc., Regarding Report PSD-077-08
(i) Glenn Genge, G.D. Biddle & Assoc., Regarding Report PSD-081-08
U) Libby Racansky, Regarding Regional Growth Durham
(k) Libby Racanksy Technically Preferred 407 Route
601
PUBLIC MEETING
REPORT # EGD-031-08
MUNICIPALITY OF
CLARINGTON
NOTICE OF HIGHWAY CLOSING
ROAD ALLOWANCES SITUATED IN LOTS 3, 4 AND 5
AND LOCATED BETWEEN BROKEN FRONT
CONCESSION A AND BROKEN FRONT CONCESSION B
IN THE FORMER TOWNSHIP OF CLARKE
Take Notice that the General Purpose and Administration
Committee of the Corporation of the Municipality of
Clarington will conduct a Public Meeting regarding Council's
intent to pass a by-law to stop up and close a portion of the
road allowances situated in Lots 3, 4 and 5 and located
between Broken Front Concession A and Broken Front
Concession B in the former Township of Clarke, now in the
Municipality of Clarington and further identified as Parts 10 &
12 on Registered Plan 10R-687 and Part 8 on Registered
Plan 10R-619.
Date:
Time:
Place:
Monday, July 7,2008
9:30 a.m.
Council Chambers, 2nd Floor, Municipal
Administrative Centre, 40 Temperance Street,
Bowmanville, Ontario
The start time listed reflects the time at which the General
Purpose and Administration Committee Meeting
commences.
And Further Take Notice That before passing the said by-
law, Council or a Committee of Council shall hear in person,
or by his Counsel, Solicitor or Agent, any person who claims
that his land will be prejudicially affected by this by-law and
who applies to be heard.
Patti L. Barrie, CMO
Municipal Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario L 1 C 3A6
701
Cl~!il]gton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, July 7, 2008
Report #: PSD-069-08
File No's: A200B-0019
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JUNE 12, 2008.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-069-08 be received; and,
2. THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on June 12, 2008 for application A2008-0019 is
not warranted. However, should an appeal be lodged by another party, that staff be
authorized to appear before the Ontario Municipal Board to defend its original
recommendation.
Submitted by:
Davi rome, M.C,I.P., R.P.P.
Director of Planning Services
Reviewed by: r)~ ~ .
Franklin Wu,
Chief Administrative Officer
PW*CP*sh
23 June 200B
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
801
REPORT NO.: PSD-069-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISION OF COMMITTEE OF ADJUSTMENT FOR
JUNE 12, 2008
A2008-0019
Den
Decision
of Committee
Approve with conditions
and amend a Iication
Application
Number
Staff
Recommendation
1.2 Application A2008-0019 was filed to permit the construction of an accessory building
(detached garage) to a maximum of 111.5 m2 by increasing the maximum permitted
lot coverage from 40% to 66% of the main building floor area.
The property currently contains three detached accessory buildings (pool shed, wood
shed and tool shed) with a combined aggregate floor area of 39.4 m2 which equates to
a lot coverage of 17% of the main building floor area. The applicant stated that, in
addition to his existing accessory buildings, he required an additional 111.5 m2 (30' x
40') detached garage in order to accommodate his personal vehicles, recreational
vehicles as well as provide extra storage space and room for a workshop. The
proposed detached garage would add a further 49% lot coverage for a total of 66% lot
coverage of the main building floor area. When questioned on his. need for all of these
buildings, the applicant indicated that he would be willing to amalgamate the contents
of some of his accessory buildings if required.
The Zoning By-law states that accessory buildings must remain incidental and
subordinate, in use and appearance, to the principle use on the lot. It was staff's
opinion that the requested increase in lot coverage from the permitted 40% (91.4 m2)
to the requested 66% (150.9 m2) of the main building floor area, which represented an
increase of 59.5 m2, was not minor in nature, not desirable nor did it conform to the
intent of the Zoning By-law. Therefore it was staff's recommendation that the
application, as submitted, be denied.
The Committee of Adjustment decided that on a 4 ha rural lot a single accessory
building with a lot coverage of 49% (111.5 m2) of the main dwelling was minor in
nature, was appropriate for development on this lot and conformed to the intent of the
Zoning By-law and both Official Plans. This opinion was then extended to include the
pool shed, wood shed and the enclosed portion of the tool shed without the need to
consolidate the contents of any of these buildings. The resulting decision amounted to
an increase in the maximum permitted lot coverage from 40% to 66% of the main
building floor area.
802
REPORT NO.: PSD-069-08
PAGE 3
Although the Committee of Adjustment decision is contrary to staff's recommendation,
the conditions attached to the decision ensure that no single accessory building can
exceed 111.5 m2 in size and that the detached garage can be located no closer to the
front of the property than the existing dwelling.
In consideration of the size and location of the property and the maximum size of all
permitted structures, an appeal of this decision was deemed to not be in the best
interest of the Municipality. However, should an appeal be lodged by another party,
staff have requested that Council authorize them to appear before the Ontario
Municipal Board to defend their original recommendation.
During a site inspection of the property, a previously undisclosed chicken coop was
observed on the applicant's property. The coop was constructed by the applicant after
he purchased the property in 1991. Therefore this agricultural building does not
predate the nearest neighbour's dwellings and must comply with Ministry of
Agriculture Minimum Distance Separation (MDS) requirements.
Being previously unaware that the chicken coop did not comply, the applicant
requested that his application be amended, at his cost, to allow it to be recirculated to
reduce the minimum required agricultural setbacks from the chicken coop to the
nearest neighbours dwellings in compliance with MOS.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
803
qfJ!ilJgton
ATTACHMENT 1
TO REPORT PSD-069-08
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
OWNER/APPLICANT: BERNHARD KOPP
PROPERTY LOCATION: 6800 ENFIELD ROAD, DARLINGTON
PART LOT 31, CONCESSION 6
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2008-0019
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED
GARAGE) TO A MAXIMUM OF 111.5 M2 BY INCREASING THE MAXIMUM PERMITTED
LOT COVERAGE FROM 40% TO 66% OF THE MAIN BUILDING FLOOR AREA.
DECISION OF COMMITTEE:
TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED
GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40%
TO 66% OF THE MAIN BUILDING FLOOR AREA, TO A MAXIMUM OF 150.9 M2, SUBJECT
TO THE FOLLOWING CONDITIONS:
· THAT NO ADDITIONAL ENTRANCE BE PERMITTED;
· THAT THE DETACHED GARAGE BE LOCATED NO CLOSER THAN 15
METRES FROM THE FRONT PROPERTY LINE;
· THAT NO SINGLE ACCESSORY BUILDING EXCEED 111.5 M2 IN SIZE;
· THAT THE GARDEN SHED AND STORAGE CRATES, AS IDENTIFIED IN
THE ATTACHED PHOTOGRAPHS, BE REMOVED FROM THE PROPERTY
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE DETACHED
GARAGE;
· THAT THE UNENCLOSED PORTION OF THE TOOL SHED BE REMOVED
WITH AN APPROVED DEMOLITION PERMIT WITHIN ONE HUNDRED AND
EIGHTY (180) DAYS FROM THE ISSUANCE OF THE BUILDING PERMIT
FOR THE DETACHED GARAGE;
· THAT FOUR (4) CEDARS BE PLANTED TO THE EAST OF THE PROPOSED
GARAGE WITHIN NINETY (90) DAYS; AND
· THAT A POOL ENCLOSURE PERMIT BE SUBMITTED FORTHWITH.
AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE
ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND THE APPLICATION BE AMENDED
AND RECIRCULATED TO REDUCE THE MINIMUM REQUIRED AGRICULTURAL
SETBACK FOR THE CHICKEN COOP, TO THE NEAREST NEIGHBOUR'S DWELLING, IN
COMPLIANCE WITH MINIMUM DISTANCE SEPARATION (MDS).
View of Garden Shed facing east
June 3, 2008
View of Storage Crates facing north
June 3, 2008
DATE OF DECISION:
LAST DAY OF APPEAL:
May 29, 2008
June 18, 2008
804
ClJJ!.pn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-070-0B
File #: PLN 26.14
By-law #:
Subject:
ENFIELD TRANSFORMER STATION- CLASS ENVIRONMENTAL
ASSESSMENT NOTICE OF COMPLETION
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-070-08 be received for information;
2. THAT Hydro One be thanked for their presentation to Council and their work in
resolving the issues brought forward by the residents prior to finalizing the Notice of
Completion for the Environmental Study Report;
3. THAT Hydro One and the Ministry of the Environment be forwarded a copy of Report
PSD-070-08; and
4. THAT all interested parties listed in this Report and any delegation be advised of
Council's decision.
Submitted by:
o id Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:C')~~ ~
Franklin Wu,
Chief Administrative Officer
FL/df
19 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
805
REPORT NO.: PSD-070-08
PAGE 2
1.0 BACKGROUND
1.1 Hydro One initiated an Environmental Assessment for the addition of a transformer
station in the Enfield/north Harmony area in May of 2006.
1.2 The Environmental Assessment's purpose was to identify the alternative sites and the
potential environment impacts and mitigation, and identify the preferred site. The
Environmental Study Report (ESR) was prepared by Stantec Consulting Ltd.
1.3 Due to the study boundary crossing over the Oshawa/Clarington Townline, two of the
early Public Information Centres were held in Oshawa, few Clarington residents
attended. In December 2006 when Hydro One was trying to finalize their Environmental
Study Report, a number of Clarington residents indicated that they had not been
informed of the public meetings. Council received a staff report PSD-119-06
(Attachment 1) which requested Hydro One work with the residents and staff to address
issues that affected Clarington residents.
2.0 PROJECT NEED
2.1 Hydro One's Wilson, Thornton, Whitby and Cherrywood Transformer Stations have
reached their capacity to reliably supply customers in the Region of Durham. The need
for additional transmission capacity was identified in a joint planning study between
Hydro One Networks and the Local Distribution Utilities serving Durham Region. The
new electrical transmission facilities will accommodate the anticipated electricity load
growth in north Oshawa and improve reliability of electricity supply to customers in these
areas.
3.0 PREFERRED SITE
3.1 In December 2006, following a consultation process, Hydro One selected a preferred
site (1 a on Attachment 2) - north of Concession Road 7 between Langmaid Road and
Grandview Street North in the Municipality of Clarington. However, due to issues with
notification and the location of the public meetings some of the potentially affected
Clarington residents were unaware of the project.
3.2 Subsequent meetings with nearby residents and Clarington staff identified additional
alternative sites for investigation by Hydro One. It has taken some time to resolve the
access issues, property ownership and siting of the transformer; however, Hydro One
now has a preferred site that better meets the expectations of the public.
3.3 Residents Meeting
On June 12th, 2008 Hydro One held a Public Information Centre at Solina Hall to review
the new preferred site (1c on Attachment 2) with the residents of the area and obtain
any further comments prior to finalizing the ESR. The residents are satisfied with the
new station site (relocation from 1a to Preferred Site 1c). This new site is further away
806
REPORT NO.: PSD-070-08
PAGE 3
from homes, less visible and can be accessed from Townline Road rather than requiring
a long driveway off of Langmaid Road.
4.0 NEXT STEPS
4.1 The planning and analysis supporting the preferred site is documented in Hydro One's
Draft Environmental Study Report (ESR). The ESR was made available for a 60-day
public review period starting from June 1 th, 2008. Comments to Hydro One are due by
August 15th, 2008.
5.0 COMMENTS
5.1 The ongoing discussions between Hydro One, the nearby residents and Clarington Staff
led to the review of additional alternative sites and a preferred site that now addresses
many of the comments from the residents.
5.2 Hydro One will enter into an agreement with the Municipality of Clarington to use the
unmaintained portion of Townline for access to the site as set out in Resolution #GPA-
545-07 (Attachment 3). This eliminates the need for a long driveway off of Langmaid
Road, which was part of the objection that residents had to the initial transformer site.
The details of the Agreement will be to the satisfaction of the Director of Engineering
and Municipal Solicitor.
5.3 Hydro One has committed in the ESR to monitor the potential impacts on residential
wells and work with the residents with regard to ongoing issues regarding the use of the
surrounding Hydro One lands.
5.4 Hydro One is required to, and has agreed to enter into Site Plan Agreement with the
Municipality of Clarington for the development of the transformer station on this site. A
number of agencies and departments will be circulated the Site Plan application and any
concerns or site specific issues will be identified and addressed through this process.
Attachments:
Attachment 1 :
Attachment 2:
Attachment 3:
PSD-119-06
Location of Alternative Proposed Enfield TS Sites
Resolution #GPA-545-07
807
REPORT NO.: PSD-070-08
PAGE 4
Interested parties to be advised of Council's decision:
Heather Zhang, Hydro One
Ministry of the Environment
Environmental Assessment & Approvals Branch
Jim Sullivan
Deb Vice Protect the Ridges
Libby Racansky, Friends of Farewell Creek
David J. Spencer
Clint Cole
Helen Hancock
Stan Kuzma
Regan Riley
Edwin Allenspach
Keith Hoskin
Richard Wilbur
Deborah Heather
Robyn Rejczak
Arnold Geisberger
Murray Vice
Francis Johnston
808
Attachment 1
To Report PSD-070-08
ClmilJgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday; December 11, 2006
Report #: PSD-119-06
File #: PLN 26.14
By-law #: .
Subject: ENFIELD TRANSFORMER STATION- CLASS ENVIRONMENTAL.
ASSESSMENT UPDATE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-11.9-06 be received for information;
2. THAT Hydro One be requested to provide a presentation to Council and meet with
affected residents ata location within Clarington prior to finalizing the Notice of
Completion of the Environmental Study Report;
3. THAT Hydro One and the Ministry of the Environment be forwarded a copy of Report
PSD-119-06; and .
4. THAT all interested parties listed in this Report and any delegation be advised of
Council's decision. . .
. Submitted by:
. Da i rome, M.C.I.P., R.P.P.
Director of Planning Services
ReVieWedby0~AJk
Franklin Wu,
Chief Administrative Officer
FL *DJC*sh .
November 27, 2006
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
8~9
REPORT NO.: PSD-119-06
PAGE 2
1.0 BACKGROUND
1.1 Hydro One initiated an Environmental Assessment for the addition of a transformer
station in the Enfield/north Harmony area in May of 2006 (Attachment 1). Prior to that
time representatives of Hydro One had met on a preliminary basis with staff to obtain
zoning information and identify environmental issues.
1.2 The Environmental Assessment's purpose was to identify the alternative sites and the
potential environment impacts and mitigation, and identify the preferred site,
1.3 Clarington staff have not been consulted on the preferred site selection and the
Environmental Study Report does not provide the rating and evaluation of the 12 sites.
1.4 Due to the overlap of the study boundary along the Oshawa/Clarington Townline the two
Public Information Centres were held in Oshawa outside the affected area of the study.
Clarington residents have indicated that they were not informed of these meetings in the
way that the Environmental Study Report indicates they were.
2.0 PROJECT NEED
2.1 Hydro One's Wilson, Thornton, Whitby and Cherrywood Transformer Stations have
reached their capacity to reliably supply customers in the Region of Durham, The need
for additional transmission capacity was identified in a joint planning study between
Hydro One Networks and the Local Distribution Utilities serving Durham Region. The
new electrical transmission facilities will accommodate the anticipated electricity load
growth in north Oshawa and improve reliability of electricity supply to customers in these
areas.
3.0 PREFERRED SITE
3.1 Following a consultation process with members of the public, public interest groups,
municipal governments and elected officials, Hydro One has selected a preferred site-
north of Concession Road 7 betWeen Langmaid Road and Grandview Street North in
the Municipality of Clarington (Attachment 2).
The transformer station, will convert the 230 kV transmission voltage to 44 kV for
distribution to homes and businesses in Oshawa and Clarington. The transformer
station 'will have some visual impact (Attachment 3).
3.2 Proposed Transmission Facilities
The station project involves the construction of a 230 kV transformer in the vicinity of
Harmony Road North and Enfield Road, adjacent to the existing 230 kV transmission
corridor. The transformer station will convert the 230 kV transmission voltage to 44 kV
for distribution to local homes and businesses. The major equipment needed will be:
· Two 230/44 kV transformers
810
REPORT NO.: PSD-119-06
PAGE 3
. 44 kV switching facilities
. Associated buswork
. Eight 44 kV distribution feeders
3.3 Alternative Sites
Initially, 12 potential sites were identified in the study area. Following an assessment of
technical and environmental constraints, the number of potential sites decreased to
seven. Of the seven sites, only Site B was potentially available for acquisition, and Site
A was located on the Hydro One property. Only the 2 sites are evaluated in the
Environmental Study Report.
3.4 Assessment of Alternatives
. Site selection was based on:
. Availability of property
. Proximity to residences
. Location and proximity to existing hydro lines
. Effects on natural features
. Effects on social environment
. Technical and maintenance considerations
. Cost
4.0 NEXT STEPS
The planning and analysis supporting the preferred site is documented in Hydro One's
Draft Environmental Study Report (ESR). The ESR was made available for a 30-day
public review period starting from November 6,2006. Comments to Hydro One are due
by December 5, 2006. .
5.0 COMMENTS
5.1 Staff have made preliminary comments to Hydro One to meet the December 5th
deadline and informed them that Council will be receiving this report on December 11th,
a copy ofthis report will be sent to Hydro One and the Ministry of Environment.
5.2 Staff have reviewed the contents and methodology set out in the ESR and consulted
with the Conservation Authority. Unfortunately, the ongoing consultation between
Hydro One, the Municipality and residents was lacking during the process. While in the
end the conclusions may be appropriate, due to the inadequate public review process,
lack of consultation with the Municipality and the absence ofa full discussion on the site
selection methodology in the ESR, it is unclear to staff and the public how the site
selection moved from 12 possible locations to the two that were evaluated.
5.3 The items of concern that staff have identified with regard to the ESR and heard from the
residents are:
. lack of notification by mail to residents that are affected.
811
REPORT NO.: PSD-119-06
PAGE 4
. better explanation within the report as to how the Gartner Lee study of 1978 of
environmental impacts has been updated and the new findings.
. discussion of how stray voltage may/may not affect breeding livestock.
. updating of the agricultural inventory that was carried out for the ESR.
. Section 4, site selection appears to be predicated on property availability rather
than environmental impacts. A chart of all 12 sites and how it was narrowed to
the two sites would typically be included in an ESR.
5.4 Due to the lack of communication with both the Municipality and affected residents, we
are suggesting Hydro One provide Council with a presentation and hold meeting(s) with
the affected residents in the Municipality of Clarington to provide a better understanding
of the environmental impacts and answer questions that the residents have before filing
the Notice of Completion for this ESR.
Attachments:
Attachment 3 -
Figure 2.1: Project Study Area
Figure 4,1: Location of Alternative Proposed Enfield TS Sites
Within the Study Area (page 23 and 24 from the ESR)
Figure 1.2: Photograph of typical 230-kV/44-kv Transformer Station
Attachment 1-
Attachment 2 -
Interested parties to be advised of Council's decision:
Heather Zhang, Hydro One
Ministry of the Environment
Environmental Assessment & Approvals Branch
Jim Sullivan
Deb Vice
Protect the Ridges
Libby Racansky
Friends of Farewell Creek
David J. Spencer
812
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To Report PSD-119-06
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General Purpose and Administration Committee
Minutes
September 17,2007
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2007.
Resolution #GPA-544-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report EGD-051-07 be received for information.
CARRIED
LICENSE AGREEMENT BETWEEN HYDRO ONE AND MUNICIPALITY OF
CLARINGTON FOR THE USE OF AN UNO PEN ROAD ALLOWANCE TO HYDRO
ONE LANDS
Resolution #GPA-545-07
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT Report EGD-052-07 be received;
THAT in the event that the West Townline Road site ultimately is chosen as the
preferred site for the proposed Hydro One transformer station, the license agreement
for access purposes be entered into with Hydro One for the use of an unopen road
allowance north of Concession Road 7 on West Townline Road, former Darlington
Township;
THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above
noted license be adopted;
THAT Council authorize staff and the Municipal Solicitor to take all necessary steps to
finalize this license agreement; and
THAT all interested parties listed in Report EGD-052~07 and any delegations be
advised of Council's decision.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
- 12 -
Cl!J!.mgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-071-08
File #: ZBA 2007-0049
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: PRESTONV ALE HEIGHTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-071-08 be received;
2. THAT the application submitted by Prestonvale Heights Limited, to remove the "Holding
(H)" symbol, 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; and
3. THAT the applicant, Region of Durham, Municipal Property Assessment Corporation
(MPAC), and all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: ~.
Davia J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: 6~~
Franklin Wu,
Chief Administrative Officer
TW/CP/sh/df
June 24, 2008
CORPORA TION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
819
REPORT NO.: PSD-071-08
PAGE 2
1.0 APPLICATION DETAILS
1.4 Location:
Prestonvale Heights Limited
Prestonvale Heights Limited
Removal of the "Holding (H)" symbol from "Holding -
Neighbourhood Commercial Exception ((H) C2-10)"
Part Lots 33 and 34, Concession 2, former Township of Darlington,
15 Rosswell Drive, Courtice
1.1 Applicant:
1.2 Owner:
1.3 Proposal:
2.0 BACKGROUND
2.1 On November 7, 2007, Prestonvale Heights Limited submitted an application for the
removal of the "Holding (H)" symbol from 15 Rosswell Drive in Courtice. Conditional
Site Plan approval for the subject lands permitting a mixed use development with 1020
m2 of ground floor commercial space and eight residential apartments on the 2nd floor
was issued on May 15, 2008.
3.0 COMMENTS
3.1 The application has been reviewed in accordance with the Clarington Official Plan.
Staff are satisfied that the following matters have been addressed and approved to the
satisfaction of the Municipality including but not limited to:
. Services and municipal works
. Measures to mitigate the impact of development
. Submission of technical studies
. Execution of the appropriate agreements.
3.2 The Site Plan Development Agreement was executed on June 16, 2008.
3.3 Clarington Finance advises that all taxes are currently up to date.
4.0 CONCLUSION
4.1 The approval of the removal of the "Holding (H)" symbol is recommended.
Attachments:
Attachment 1 - Key Map for Removal of Holding Application
Attachment 2 - By-law for Removal of Holding (H)
List of interested parties to be advised of Council's decision:
Janice Robinson
Nick Mensink
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement application ZBA 2007-0049;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Neighbourhood Commercial Exception ((H)C2-10)"
Commercial Exception (C2-10),"
to "Neighbourhood
as illustrated on the attached Schedule "A" hereto.
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 Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
822
This is Schedule "An to By-law 2008-
passed this day of , 2008 A.D.
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DEWELL CRESCENT
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~ Zoning Change From "(H)C2-10" To "C2-10"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
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aLOOR STREIT
823
c[~-!llgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday July 7, 2008
Report #: PSD-072-08
File #: PLN 23.2.5
By-law #:
Subject:
GO RAIL SERVICE EXTENSION TO BOWMANVILLE
FEASIBILITY STUDY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-072-08 be received;
2 THAT Council adopt the following resolution:
Whereas the Municipality of Clarington Official Plan supports transit-oriented
development and has designated the Bowmanville West Town Centre Area as the
concentration of high density and commercial development on the premise of the
development of the GO Station;
Whereas the expansion of the Darlington Station, the Clarington Energy Park, future
transit facilities in association with the proposed 407-401 link reinforces the need for a
GO Train Station in Courtice reflecting Clarington's Official Plan;
Whereas these transit-oriented planning policies of the Municipality of Clarington are
also reflected in the Regional Official Plan;
Whereas the transit-oriented policies and land use designations of the Municipality's
Official Plan for the lands adjacent and in close proximity to the proposed GO Station
implement the policies of the Places to Grow Plan as well as the principles of the Green
papers released by Metrolinx in preparation of the Regional Transportation Plan;,
Whereas the Bowmanville GO Station will become the gateway to areas east of the GTA
to include Peterborough, Lindsay, Cobourg, Port Hope and beyond;
Whereas the extension of GO rail service to Bowmanville is one of the early priorities of
Provincial Government as reflected in the 2020 Move Ontario plan; and,
824
REPORT NO.: PSD-072-08
PAGE 2
Therefore be it resolved
That the Boards of Directors for GO Transit and Metrolinx be urged to:
1. Select and fund an alignment for the extension of GO rail service into Bowmanville
that utilizes the CPR rail corridor to support the current transit-supportive land use
plans reflecting the principles of a mobility hubs, builds on the existing infrastructure
and development of the Bowmanville West Town Centre and utilizes the lands
previously acquired by GO Transit and;
2. Make provision for a GO rail station in Courtice that can serve the Darlington
Generating Station, the Clarington Energy Business Park and other industrial lands
in Courtice with consideration for coordinating with the future transit infrastructure in
the 407 East Durham link
3. THAT a copy of this resolution be forwarded to the Board of Directors for GO Transit, the
Board of Directors for Metrolinx, the Regional Municipality of Durham, and all constituent
municipalities in the Region of Durham.
Submitted by:
Da Id J
Directo ,
Reviewed by: a~ ~
Franklin Wu
Chief Administrative Officer
COS*sn
2 July, 200B
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
825
REPORT NO.: PSD-072-08
PAGE 3
1.0 PURPOSE
The purpose of the report is to provide Council with an update and request
Council direction on the extension of GO train service to Clarington. As part of
this report, we also bring Council up-to-date on the Regional Transportation Plan
process by Metrolinx and the Plan's recommendations for Clarington, particularly
the proposed GO expansion to Bowmanville.
A more detailed report on the Regional Transportation Plan will be prepared for
Council's consideration once Metrolinx releases the Draft Regional
Transportation plan in the summer of 2008. The format has been written
following the chronology of the major milestones to bring GO Train Service to
Clarington.
2.0 BACKGROUND
Planning for GO Rail Service to Clarington
In December 1993, GO Transit completed an Environmental Assessment report
titled "GO Train Service Expansion Program-Oshawa West to Oshawa East
Study". This study considered expansion of the GO train service to the east side
of Oshawa with a proposed station in the vicinity of the Holiday Inn on Bloor
Street near Grandview Street. The EA also provided for a rail yard in Courtice for
the storage and maintenance of trains in off-peak hours.
The Municipality carried out a feasibility study titled Go Station Location Study.
This Study was completed in May 1994. The consultants for the Municipality
undertook a comparative analysis of different sites in Bowmanville along the C.P.
Rail corridor that would be suitable for a GO Station. The study determined that
the Martin Road West Side would be the preferred location. The study also
looked at an intermediate station in Courtice and recommended a location
northwest of the intersection of Courtice Road and the CPR corridor.
Clarington Official Plan
This Study took Place while the current Official Plan for Clarington was being
prepared as part of the original Bowmanville West Town Centre Study. As a
result, the GO Location Study recommendations were included in the Official
Plan. The Clarington Official Plan as adopted in 1996 by the Municipality and
approved by the Region of Durham included the designations for two GO train
stations, one in south Courtice and one in the Bowmanville West Town Centre
Area along the CP rail line corridor. These designations are also reflected in the
Regional Official Plan. The locations are in the Plan's Land Use map for
Bowmanville and Transportation Map for Courtice.
826
REPORT NO.: PSD-072-08
PAGE 4
CONCESSION S
Figure 1 - Land Use Bowmanville Urban Area
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827
REPORT NO.: PSD-072-08
PAGE 5
Acquisition of Land in Bowmanville by GO Transit
In 2004, the GO Board approved the purchase of 13.5 acres north and south of
the rail corridor in the Bowmanville West Town Centre area for the future GO
Station. In 2006, GO developed the northern part for a Park and Ride facility.
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Bowmanville West Town Centre Secondary Plan
In 1994, the Council of the Municipality of Clarington adopted the Bowmanville
West Town Centre Secondary Plan. In the recent Commercial Policy Review,
adopted by amendment in 2006, additional residential, mixed-use and
commercial floorspace was approved. Council envisions the area as a focal
point of activity and identity for our residents through the establishment of a mix
of higher density uses. One of the key foundations for this vision has been the
proposed development of the GO Station in Bowmanville and making the area
the commercial hub for Clarington.
828
REPORT NO.: PSD-072-08
PAGE 6
The Bowmanville West Town Centre Secondary Plan policies encourage higher
densities to maximize the accessibility to public transit and the proposed GO
Station. Therefore, the Secondary Plan designates those sites in closest
proximity to the future GO station as Mid Rise High Density Residential. This
designation is also mirrored south of the tracks in the Aspen Springs
neighbourhood. Council has designated and approved many higher density mid-
rise developments along Aspens Springs based on the proximity to the GO
Station.
As part of the implementation for the Secondary Plan and during the negotiations
with the developers in the Bowmanville West Town Centre area, staff developed
a streetscape plan for the area the makes emphasis on pedestrian and transit-
oriented development. The following illustration highlights the interrelations
between the GO site and the adjacent residential and commercial developments.
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Streetscape Implementation
, Project Area
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Bowmanville West Town Centre Streetscape Implementation Project Area
Provincial Transportation Priorities - Metrolinx
829
REPORT NO.: PSD-072-08
PAGE 7
Provincial Transportation Priorities - Metrolinx
The 2006 Provincial Places to Grow Plan makes a major emphasis on the
development of transit supportive communities and on intensification of existing
urban areas. The plan also speaks to the goal of achieving a balance of jobs and
housing to reduce commuting times and to increase the modal share for transit,
walking, and cycling. The Plan also promotes Transit as seen as a key
component of sustainability.
Prior to the Provincial elections in June 2007, the Premier of Ontario unveiled the
program MoveOntario 2020 that would have the largest investment in public
transit in Canada. The Number 4 project outlined by the Premier in the
MoveOntario 2020 program is the GO Lakeshore East rail line extension from
Oshawa to Bowmanville,
The provincial government assigned the implementation of the MoveOntario
2020 program to the Greater Toronto Transportation Authority (GTTA) now
known as Metrolinx. Metrolinx is currently in the process of preparing a Regional
Transportation Plan that will be available for public review in the summer of 2008.
In February 2008, Metrolinx issued a series of green papers as the first Phase of
the Regional Transportation Plan One of these papers -MobilityHubs - contained
the key planning and design attributes (e.g. proximity to high-density residential
areas, walking and cycling access) for the development of station sites. This
definition of Mobility Hubs complements Council's vision developed more than
ten years ago for the development of the Bowmanville West Town Centre
through the Secondary Plan for the area. Staff has been participating as a
member of the technical advisory groups and attending the different workshops
and meetings with regional staff.
As part of the MoveOntario 2020, in March of 2007, the Prime Minister and the
Premier of Ontario announced a new initiative, Public Transit Capital Trust 2008.
The program is designed to support the role public transit plays "in easing traffic
congestion in urban areas and contributing to cleaner air and lower greenhouse
gas emissions". In the announcement, both the Prime Minister and the Premier
indicated that one of the goals of this program would be to "accelerate the
extension of the GO Transit line from Lakeshore East to Bowmanville".
Following this announcement, in April 2008, the GO Board authorized a feasibility
Study for the Oshawa East Service Extension and New Rail Maintenance
Facility. The study will consider extending the service from the existing Oshawa
GO Station to Bowmanville including three potential commuter stations. The
study will analyze the options of either using the CPR or CN corridors. The
feasibility Study is to be concluded by December 2008.
Following these announcements and initiatives, in May 2008, Metrolinx released
two white papers as part of the development of the Regional Transportation Plan.
In the Preliminary Directions and Concepts White Paper, Metrolinx presented
three different test concepts. In each concept, the GO Train service is extended
830
REPORT NO.: PSD-072-08
PAGE 8
to Bowmanville following the CPR line, north of the 401. Metrolinx suggests that
the Bowmanville station be designated as a Major Transit Interchange/ Potential
Gateway Hub.
On June 25th of this year, the Provincial Minister of Transportation announced a
new six-month environmental assessment process to fast track transit projects.
As part of the announcement GO Transit stated that the first two projects to
procced under the new rules would be ,GO Train service to Milton and the
extension of GO Train service from Oshawa to Bowmanville.
3.0 DISCUSSION
On May 12, the Council of the Municipality of Clarington authorized staff to
proceed with the review of the Clarington Official Plan. One of the key
components of the review is the implementation of the Policies of the Places to
Grow Provincial Plan. These policies direct municipalities to develop transit
friendly communities. As noted in the Introductory Discussion Paper, our current
Official Plan review will place an emphasis on sustainable development, transit
accessibility, and intensification to support transit. This supports the overall
principles of sustainability and transit-oriented development established in the
Official plan adopted in 1996 and the more recent Secondary plan for the
Bowmanville West Town Centre.
The GO Feasibility Study to expand the rail service to Clarington includes the
analysis of using either the CN or the CPR corridor. As the expansion of the GO
Rail Service to Clarington becomes more imminent, it is important that Council
reinforce its policies for GO Transit to use the CPR corridor, north of the Highway
401. This alignment provides the best service to Clarington's urban areas, close
connections to the Regional transit spine on Highway 2 and would support
Council's position established in the current Clarington Official Plan. It would
ensure that the planning policies and investment carried out by both the public
and private sectors in the Bowmanville West Town Centre is maximized and
support by the development of the GO Train Station in the area.
The expansion of the Darlington Nuclear Station and the future development of
the Energy Park strengthen the case for an intermediate station in Courtice as
highlighted in our Official Plan. And GO Train service station should be
coordinated with the transit plans for the 407-401 highway link, which proposes
and end of corridor transit facility and the southerly end of the East Durham Link.
The location and development of GO Train stations are a key component of an
interregional transit system that will benefit the residents of Clarington but could
also provide new ways to access jobs in the Courtice Employment Area,
including the Darlington Nuclear Generation Station. The development of the
station itself and the related land uses and densities on lands immediately
adjacent to the station require careful planning, as they become transportation
hubs and people gathering places offering great opportunities for further
831
REPORT NO.: PSD-072-08
PAGE 9
development. As a result, we should now proceed and start working with GO
Transit and Metrolinx for the land use and infrastructure planning for two GO
Train stations being planned for Clarington by following the design principles of
the Metrolinx Mobility Hubs Green Paper.
4.0 RECOMMENDATION
During the period that GO Transit is conducting a Feasibility Study for the
extension of GO Rail service to Bowmanville, Clarington Council should clearly
outline its views on the alignment of the rail service in Bowmanville. Given the
current planning and investment made to date in Clarington, although the
transition from the CN to the CP alignment will present additional capital costs for
the project, the long term benefit of following such an alignment provides better
service to urban areas and a better coordination with local and regional bus
service. It provides the opportunity to truly realize the vision of the Bowmanville
West Town Centre as a mixed-use, higher density centre with access to good
transit services. Therefore we respectfully recommend that Council adopt a
resolution in support of the CP Rail alignment.
832
Cl!Jl-YJgtDn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION
Date:
Monday, July 7,2008
Report #: PSD-073-08
File #: PLN 37.3.2
By-law #:
Subject:
NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN
IMPLEMENTATION COMMUNITY LIAISON GROUP
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-073-0B be received;
2. THAT the Terms of Reference for the Newcastle Village Community
Improvement Plan Community Liaison Group be ACCEPTED and that a Council
Liaison be APPOINTED; and
3. THAT all interested parties listed for this report and any delegations be advised
of Council's decision.
Submitted by: Reviewed by: 0 ,."..- eQ~6...Ju
David J. Crome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
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23 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
833
REPORT NO.: PSD-073-08
PAGE 2
1.0 BACKGROUND
1.1 On January 29th, 2007 Council approved the preparation of a Community
Improvement Plan (CIP) for Newcastle Village. The terms of reference for the
study called for a Community Focus Group, which was formed in March of 2007.
1.2 The Community Focus Group assisted in guiding the study to its completion in
early 2008. Council approved the Community Improvement Plan on April 21st,
2008. The Notice of the adoption of the CIP was advertised in accordance with
the Planning Act. No appeals to the Plan were submitted and Council's decision
became final and binding on June 3rd.
1.3 This Community Improvement Plan allows the Municipality to provide incentives
to business owners and property owners in the Community Improvement Plan
area. It also includes recommendations for works by the Municipality.
1.4 Part of the recommendations of the CIP was the formation of a Community
Liaison Group that would advise the Municipality during the Plan's
implementation, much the same as the Community Focus Group had, and act as
a conduit for communication with Newcastle Village residents and business
operators.
2.0 DESCRIPTION OF THE COMMUNITY LIAISON GROUP
2.1 The Community Liaison Group is structured similar to the Orono CIP Liaison
Group. The Group's mandate is limited to implementation issues and ongoing
awareness of the CIP. The recommended size is 5-6 people and it is anticipated
that they would meet 3-4 times per year.
2.2 Part of the implementation of the Community Improvement Plan is the ongoing
co-ordination between the various community organizations. The Municipality of
Clarington and the Board of Trade have developed a working relationship and
have established communication with many of the stakeholders during the
process. This communication is essential to the success of the CIP.
2.3 The terms for reference for the Community Liaison Group (Attachment 1) is
provided for information. The terms of reference provide Council with the option
of appointing a Council representative.
2.4 Advertisements for volunteers to sit on the Liaison Group will be placed in the
Clarington This Week and the Orono Times and will be posted on the municipal
website. As per the terms of reference, the Director of Planning Services would
appoint representation from a cross-section of the community.
834
REPORT NO.: PSD-073-08
PAGE 3
2.5 Staff recommend that Council accept the Terms of Reference for the Community
Liaison Group and that a Council liaison be appointed to assist with the ongoing
implementation of the Newcastle Village CIP. It is anticipated that the first
meeting of the Community Liaison Group will be held this summer.
Attachments:
Attachment 1 - Terms of Reference
List of interested parties to be advised of Council's decision:
Rod McArthur
Gabrielle Bell
Gord Lee
George Rickard
J. Arthur Wynn
Gail Rickard
Myno Van Dyke
Valentine Lovekine, a.c.
Theresa Vanhaverbeke
Dave Clark
Tenzin Gyaltson
Randall St. Denis
Carl D. Good
Sheila Hall
Cathy Abraham
Rob Kloosterman
Mike Cook
Doug Holweg
Peter Sainovski
835
Attachment 1
To Report PSD-073-08
TERMS OF REFERENCE
FOR THE COMMUNITY LIAISON GROUP
For the Implementation of the
NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN
Backaround
On April 21st, 2008 Clarington Council approved the Community I
Newcastle Village's commercial core which is centered aroun
CIP for Newcastle Village describes the vision statement
Newcastle Village maintains a vibrant and stro 0 ection t
promising opportunities to businesses, resid d visitors.
To assist with the implementation of the CI
community volunteers would be sought from
and business owners, and residents, including th
Newcastle Village. Representa ith knowle
cu Itu ral/recreational
welcomed.
keholder gro
utside the core urba
environmental, social/historic,
ewcastle Village will also be
Mandate
n Group (NVCLG) will ensure that the
CIP are being pursued. The NVCLG will
mmunity perspective, regarding the
nity Improv an and will bring to the table their unique
NVCLG will assist in communication with the public, both
wcastle Village, to ensure that the implementation tools
ed in the community. The members of the group shall
nership with the Municipality and the Clarington Board of Trade
ewcastle Village.
The NVCLG, in fulfilling its mandate, is to provide advice to the Municipality and communicate
information back to their respective stakeholder groups, where appropriate regarding the CIP
implementation. The Committee will review information associated with the implementation of
the CIP and provide comment on the success of the CIP implementation. Further to this, the
836
NVCLG members will be active in the community, ensuring that both residents and business
owners are well-aware and able to access the implementation tools outlined in the CIP.
While individual members of the NVCLG may represent various interest groups, the opinions
and positions taken by the members and the NVCLG are not binding, in whole or in part, on
either Clarington Councilor the groups they represent.
Membership
The NVCLG is a volunteer Committee and shall consist 0
of Planning Services shall seek to appoint membe
Newcastle Village stakeholders, including, but n
o Newcastle Village SIA executive membe
o Newcastle Village business operator
o Newcastle Village resident
o Newcastle Village Community
o Clarington Heritage Committee an
representative
. District Historical Society
Members may re
Liaison to
interest. Council may appoint a Council
atives from both the Planning Services
oard of Tr all be appointed to sit on the Committee as
embers will be asked to assist at specific stages of the CIP
the NVCLG must be willing to commit the time required to
information provided, as well as be open-minded to various
of other members of the NVCLG.
Openings for membership shall be sought from stakeholder groups and also from the
community focus group who assisted with the CIP. Members will be formally appointed by the
Director of Planning Services.
Newcastle Village Community Liaison Group- Terms of Reference
2
837
The Council representative shall sit as the interim Chair. The NVCLG will select a Chair and
Vice-Chair from among its membership. The Chair shall provide leadership to the NVCLG,
ensure that the NVCLG carries out its mandate, and act as the primary liaison between the
NVCLG and Staff.
If an individual member is unable to attend a meeting he/she may r
Chair to send an alternate at least 24 hours in advance of the m
the Director of Planning Services of any member who is ab
and may request that the member be removed from
advise the Director of the resignation of any memb
to the NVCLG to fill any vacancies as required.
k on a consensus basis with a quorum being set at 3 members.
cannot be reached and there are divergent opinions on issues,
formal votes may be d by the Chair with each member having one vote. Decisions will be
carried by a majority of the members present.
est permission from the
. The Chair shall advise
ree consecutive meetings
The Chair shall also
Technical Support
Municipal staff will provide, administr
Term of the Committee
The term of the Commi
on the 1 st of August
1 st of August 2008 and ending
Meetinas
Village Hall Community. The NVCLG shall
roximately four times per calendar year. The Chair in
da for each meeting.
Reportina
The NVCLG indirectly reports to Council through the Director of Planning Services. The
NVCLG will be expected to review and make comments from time to time regarding the degree
Newcastle Village Community Liaison Group- Terms of Reference
3
838
of success to which the CIP is achieving. The NVCLG's comments may be included in staff
reports forwarded to or presented to Council on matters pertaining to the CIP area.
Conflict of Interest and Confidentiality
It is understood that NVCLG members who are residents of Newcastle Village will be affected
by the proceedings and topics of discussion regarding the implem ation of the CIP; this in
itself does not constitute a conflict of interest. However, ember who lobbies for
improvements that would be of an individual rather than a c
conflict of interest and refrain from the debate and decis'
en to the public. Should a
they will be required to
ute presentation, question and
public at the meeting will be at the discretion
It is further understood that the discussion and i
in confidence by all members of the NVCLG.
DeleQations to NVCLG
Newcastle Village Community Liaiso
member of the public wish to make re
register in advance of th and wil
answer period on th
of the Chair.
Newcastle Village Community Liaison Group- Terms of Reference
4
839
Cl{J[.-!llgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-074-08
File #'s: ZBA 2008-0017 By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: CCCC DURHAM EAST LIMITED
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-074-08 be received;
2. THAT the application submitted by CCCC Durham East Limited to remove the
Holding (H) symbol be APPROVED;
3. THAT the attached By-law to remove the Holding (H) symbol be PASSED; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed bYO ~ ~
Da Id J. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
MK*CP*sh*lw
June 25, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
840
REPORT NO.: PSD-074-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
CCCC Durham East Limited
1.2 Agent:
Kelvin Whalen
1.3 Rezoning:
Removal of Holding (H) symbol from "Holding - Urban
Residential Exception (H) R4-18"
1.4 Location:
Part Lot 29, Broken Front Concession, former Village of
Newcastle (Attachment 1)
2.0 BACKGROUND
2.1 On June 6, 2008 staff received an application from CCCC Durham East Limited
for the removal of the Holding (H) symbol for the subject lands on Part Lot 29,
Broken Front Concession, former Village of Newcastle.
3.0 STAFF COMMENTS
3.1 The removal of holding application is being brought forward at this time, as the
site plan approval for the development was issued on March 3, 2008. A
development agreement has been prepared and is expected to be executed
shortly. The applicant will be building 7 condominium apartment buildings, each
with 6 dwelling units for a total of 42 dwelling units having a total floor space of
approximately 8000 m2.
3.2 A building permit will not be issued for this site until a site plan agreement has
been entered into and all required letters of credit for performance guarantees,
cash-in-lieu of parkland and development charges have been received by the
Municipality of Clarington.
3.3 Policies within the Municipality of Clarington'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:
· Measures to protect natural areas;
. Services and municipal works;
. Submission of technical studies;
· Measures to mitigate the impact of development;
· 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.
841
REPORT NO.: PSD-074-08
PAGE 3
In consideration of Council recess for part of July and August the approval of a
by-law to remove the 'Holding' symbol from the lands is appropriate at this time,
as the provisions within the Municipality's Official Plan have been satisfied. The
agreement is expected to be completed shortly and all financial requirements are
addressed in the agreement.
3.4 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment
to remove the "Holding (H)" symbol is not subject to the normal appeal period
afforded to a standard rezoning application and accordingly shall be deemed final
and binding upon Council's approval.
4.0 RECOMMENDATION
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:
Kelvin Whalen
842
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Attachment 2
To Report PSD-074-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA 2008-0017;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from: "Holding - Urban Residential Exception ((H)
R4-18) Zone" to "Urban Residential Exception (R4-18) Zone".
2. 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
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
844
This is Schedule "A" to By-law 2008- ,
passed this day of !I 2008 A.D.
J
LA.K~
ON"'A.~/O
V'/~ Zoning Change From "(H)R4-18" To "R4-18"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
NEWCASTLE
845
CJ!Jlmgtnn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-075-08
File #: PLN 26.15.1
By-law #:
Subject:
MUNICIPAL PEER REVIEW - ENVIRONMENTAL ASSESSMENT FOR
NEW NUCLEAR REACTORS AT THE DARLINGTON GENERATING
STATION (DARLINGTON B)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-075-08 be received;
2. THAT staff be authorized to initiate formal discussions with Ontario Power
Generation with respect to the provision of peer review funding for the Darlington
New Nuclear Build Project;
3. THAT Staff be further authorized to prepare a Terms of Reference for a peer review
of the Environmental Impact Statement for the Darlington New Nuclear Build Project
in accordance with the scope of work outlined in Section 4.2 of this report, and to
issue a Request for Proposals for the undertaking of the subject peer review; and
4. THAT a copy of this Report and Council's resolution be forwarded to Ontario Power
Generation, all interested parties listed in this report and any delegations.
Submitted by:
Reviewed by: 6~~
Davi J. rome, M.C.I.P., R.P.P. Franklin Wu
Director of Planning Services Chief Administrative Officer
JAS/FUdf
25 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
846
REPORT NO.: PSD-075-08
PAGE 2
1.0 BACKGROUND AND PURPOSE OF REPORT
1.1 In June 2006, the Government of Ontario released its 20 year energy plan that
called for the construction of new nuclear facilities to maintain the Province's
nuclear generating capacity at 14,000 megawatts (approximately 50% of the
Province's generating capacity). The government considered two potential sites
for the new nuclear facilities - the Darlington Nuclear Generating Station site
operated by Ontario Power Generation (OPG) and the nuclear generating
station operated by privately-owned Bruce Power in Tiverton Ontario.
1.2 Council resolved, on June 9, 2008, to advise the Premier and the Minister of
Energy that it fully supports Nuclear New Build at the Darlington Generating
Station liB" site.
1.3 On June 16, 2008, the Ontario government announced that it had selected the
Darlington site for the construction of two new nuclear reactors. The new
facilities will be built on the eastern portion of the site in an area referred to as
"Darlington B".
1.4 Both OPG and Bruce Power have already initiated the necessary approvals
process for the construction of new nuclear units at their respective sites. The
approvals process includes the undertaking of an Environmental Assessment
(EA) and the preparation of an Environmental Impact Statement (EIS).
1.5 OPG has advised that, consistent with its established practice, funding will be
made available to the Municipality of Clarington, as the host community, to retain
qualified professionals to undertake a peer review of the EA for the nuclear new
build at the Darlington site. The results of the peer review will be incorporated
into the final EIS to be submitted by OPG to the federal government.
1.6 The purpose of this report is to obtain Council's approval to undertake a peer
review of the EA for the Darlington new nuclear build, including the scope of
review. Staff is also seeking Council's authorization to proceed with a Request
for Proposals to retain qualified consultants to undertake the peer review.
2.0 OVERVIEW OF THE DARLINGTON B PROJECT
2.1 The Project Description for the Darlington B project prepared by OPG was
accepted by the Canadian Nuclear Safety Commission (CNSC) in May 2007,
and includes all five phases of the life cycle of the nuclear power plant: site
preparation, construction, operation, decommissioning, and abandonment.
Each phase will require the issuance of a licence by the CNSC.
2.2 The Project Description allows the CNSC to evaluate the scope of the project
and the required EA. As well, it acts as a means for other federal departments
847
REPORT NO.: PSD-075-08
PAGE 3
and agencies to identify whether they are likely to exercise a power or issue an
approval in respect of the project or be in possession of specialist or expert
information that is necessary to conduct the EA. The document also assists in
the early identification of any potential environmental effects that should be
included in the EA work.
2.3 Many of the specific details with respect to the Darlington B project have yet to
be determined. These include reactor technology and design; the location and
orientation of the reactors on the site; the potential number of reactors; type of
condenser cooling systems; and nuclear waste management systems to be
used on site. As such, the Project Description submitted by OPG and as
summarized below represents a "bounding case" which would accommodate all
potential alternative means of carrying out the project.
2.4 The Darlington B project will involve the construction and operation of up to four
new nuclear reactors at the Darlington nuclear site for the production of
approximately 4,800 megawatts of electrical generating capacity for supply to
the Ontario grid. The total life span of the project is projected to be
approximately 140 years. The earliest possible start date will be 2010. The
construction of the first two reactors will require 6 to 8 years, with a preliminary
target in-service date of 2018. The construction of two additional reactors, if
required, could be completed by 2025.
2.5 The Government of Ontario issued the Request for Proposals (RFP) for a stand-
alone two-unit nuclear reactor in March 2008. The three participating vendors
are Atomic Energy of Canada Limited (Pressurized Heavy Water Reactor),
Westinghouse Electric Company (Pressurized Water Reactor), and the French
company AREVA NP (Pressurized Hybrid Light and Heavy Water Reactor). The
evaluation of the bids by these three companies is being coordinated by
Infrastructure Ontario. A decision on the preferred vendor is expected by the
end of 2008.
3.0 OVERVIEW OF THE APPROVALS PROCESS
3.1 The construction of new nuclear reactors at the Darlington site involves two
separate but inter-related approval processes at the federal level - the
undertaking of an EA pursuant to the Canadian Environmental Assessment Act,
and licensing by the Canadian Nuclear Safety Commission (CNSC). Since
many of the documents relevant to the EA and licensing process for the
Darlington B project have not yet been issued, staff have referred to documents
released for the Bruce Power project for information.
3.2 Before any licensing decision can be made with respect to a new nuclear power
plant, an EA must be completed with a decision that the project is not likely to
cause significant adverse environmental effects with the available mitigation
848
REPORT NO.: PSD-075-08
PAGE 4
measures. The project cannot proceed to'the licensing process at the CNSC if
the decision on the EA is negative. The results of the EA process under the
Federal Act are presented in an Environmental Impact Study (EIS).
3.3 On March 20, 2008, the federal Minister of the Environment announced the
referral of the Darlington B project to an environmental assessment by a review
panel. The review panel will consist of a group of experts selected on the basis
of their knowledge and expertise who will be responsible for reviewing and
assessing the EIS for the Darlington B project. Based on the draft Terms of
Reference for the Review Panel for the Bruce Power project, it is expected that
the Darlington B Panel will consist of members appointed by both the CNSC and
the Minister.
3.4 The Joint Review Panel will be responsible for issuing the EIS Guidelines,
coordinating the technical review of the EIS, and holding the hearings on the
EIS. Once the hearings are completed and the Panel has completed its
analysis, it will prepare a Joint Review Panel Report that summarizes its
rationale, conclusions and recommendations. This report will be submitted to
the CNSC and the Minister of the Environment who must take the review panel's
report into consideration before making any decision with regard to the project.
3.5 The preparation of the EIS for the Darlington B project will be a critical
component of the federal review and approval process. The EIS Guidelines to
be issued by the Joint Review Panel will advise OPG of the nature, scope and
extent of the information that must be addressed in the preparation of the EIS,
including the existing bio-physical and socio-economic environments, the
predicted effects of the project on the environment, measures to mitigate these
effects, and the significance of any residual effects.
3.6 The draft EIS Guidelines for the Darlington B project have not yet been released.
However, staff have reviewed the draft EIS Guidelines for the Bruce Power
project, which were issued in April 2008. The Table of Contents for these
Guidelines (Attachment 2) provides a representative indication of the information
that is expected to be required in the EIS for the Darlington B project.
4.0 SCOPE OF THE MUNICIPAL PEER REVIEW
4.1 OPG has advised that Municipal Peer Review Funding will be available to the
Municipality of Clarington which is located within the local study area for the EA
and the 10 km primary emergency response zones for the Darlington site. The
results of the peer reviews will be incorporated into the final EIS to be submitted
to the Joint Review Panel.
849
REPORT NO.: PSD-075-08
PAGE 5
4.2 Qualified consultants should be retained for the peer review of the draft EIS
since this document will include the detailed information related to the potential
effects and mitigative measures for the Darlington B project. The EIS will also
form the basis of the Joint Panel's review of the project. The EIS will address a
broad range of issues; however, the Municipality's peer review should focus on
the Municipality's core areas of interest, specifically the socio-economic
environment, land use and transportation, physical and cultural heritage,
emergency preparedness, and the atmospheric and surface water environment.
CLOCA has indicated an interest in participating in the peer review of this latter
issue.
4.3 OPG has advised that they have already initiated work on the EA and anticipate
submitting the draft EIS to the federal government for review in late 2008. As
such, it is important that the Municipality's peer review process be initiated as
quickly as possible. Staff are seeking authorization to proceed with the
preparation of a Terms of Reference and a Request for Proposals for the peer
review of the Darlington B project for those areas noted above. This process
and the review of consultant proposals would take place over the summer, with
a report to retain the preferred consultant being forwarded to Council in
September. The peer review comments will be approved by Council prior to
their submission to CEAA.
5.0 CONCLUSIONS
5.1 Council has indicated its support for the new nuclear build at Darlington. The
Darlington B project will be the first new nuclear generating facility to undergo an
EA review under the Canadian Environmental Assessment Act which came into
force in 1995. The peer review of the Environmental Impact Statement will
ensure that the interests of the Municipality and its residents are protected as
this major project moves ahead. The peer review will also allow OPG to
demonstrate to federal regulators that the Municipality's concerns have been
appropriately addressed in the EIS.
5.2 It is expected that the peer review funding arrangements with OPG will be
similar to those for the Port Granby Project.
Attachments:
Attachment 1 - Glossary of Terms
Attachment 2 - Table of Contents - Draft EIS Guidelines for the Bruce Power Project
Interested parties to be advised of Council and Committee's decision:
Laurie Swami, Ontario Power Generation
850
GLOSSARY OF TERMS
EA
Environmental Assessment
EIS
Environmental Impact Statement
CEAA
Canadian Environmental Assessment Agency
CNSC
Canadian Nuclear Safety Commission
OPG
Ontario Power Generation
RFP
Request for Proposals
Attachment 1
To Report PSD-075-08
851
f\nacnmem L.
To Report PSD-075-08
Guidelines for the Preparation of the Environmental Impact Statement for
Bruce Power's New Nuclear Power Plant Project (Draft - April 2008)
TABLE OF CONTENTS
PART 1 -INTRODUCTION
1. Context
1.1 Purpose of the Guidelines
1.2 Environmental Assessment and Regulatory Process
1.3 Preparation and Review of the EIS
2. Guiding Principles
2.1 Environmental Assessment as a Planning Tool
2.2 Public Participation and Aboriginal Engagement
2.3 Traditional Knowledge
2.4 Sustainable Development
2.5 Precautionary Approach
2.6 Study Strategy and Methodology
2.7 Use of Existing Information
3. Presentation of the EIS
3.1 Environmental Impact Statement Summary
4. Scope
4.1 Scope of the Project
4.2 Factors to be considered in the EIS
PART 11- CONTENT OF THE EIS
5. Context
5.1 The Setting
5.2 Project Overview and Purpose
5.3 The Proponent
5.4 Environmental Assessment and Regulatory Process and Approvals
5.5 International Agreements
6. Engagement and Information Distribution
6.1 Aboriginal Engagement.
6.2 Government Agency Engagement
6.3 Stakeholder Engagement
6.4 Other Public Engagement
852
7. Project Justification
7.1 Purpose and Need for the Project
7.2 Alternatives to the Project
7.3 Alternative Means of Carrying out the Project
8. Project Description
8.1 Site Preparation
8.2 Construction
8.3 Operation and Maintenance
8.4 Modifications
8.5 Decommissioning and Abandonment
8.6 Malfunctions and Accidents
8.7 Environmental Protection Plan
9. Environmental Assessment Boundaries
9.1 Spatial Boundaries and Scale
9.2 Temporal Boundaries
9.3 Valued Ecosystem Components
10. Existing Environment
10.1 Bio-Physical Environment
10.2 Socio-Economic Conditions
11. Effects Prediction, Mitigation Measures and Significance Of Residual
Effects
11.1 Effects Prediction
11.2 Mitigation Measures
11.3 Significance of Residual Effects
11.4 Bio-Physical Environment
11.5 Socio-Economic Effects
12. Accidents and Malfunctions
12.1 . Nuclear Accidents Involving the Reactor
12.2 Conventional Accidents
12.3 Malevolent Acts
13. Cumulative Effects
14. Capacity of Renewable Resources
15. Follow Up Program
16. Assessment Summary and Conclusion
853
Cl~mgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-076-08
File #: S-C-2006-0002 By-law #:
COPA2006-0003 & ZBA2006-0029
Subject:
APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL
PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
APPLICANT: BARR'S DEVELOPMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-076-08 be received;
2. THAT the Clarington Official Plan be amended as shown in Attachment 3 to permit a
minor expansion to the Bond Head Rural Cluster as proposed by the application
submitted by Barr's Developments Limited, and that the necessary by-law be PASSED;
3. THAT the application for proposed draft Plan of Subdivision S-C-2006-0002 submitted
by Barr's Developments Limited be APPROVED in principle, subject to the conditions
as contained in Attachment 5, and that the Director of Planning Services not be
authorized to issue draft approval until such time as the Darcy Street road allowance
conveyance has been finalized;
4. THAT the Zoning By-law Amendment application submitted by Barr's Developments
Limited be APPROVED, as contained in Attachment 6;
5. THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2006-0002 and the Municipality of Clarington be
approved as contained in Attachment NO.7 and forwarded to Council for approval;
6. THAT the Region of Durham Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of this report and Council's decision; and
7. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
854
REPORT NO.: PSD-076-08
PAGE 2
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:d~ 0 ~
Franklin Wu,
Chief Administrative Officer
SAlCP/df/av/sn
July 2, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
855
REPORT NO.: PSD-076-08
PAGE 3
1.0 APPLICATION DETAILS
1 .1 Agent:
D.G. Biddle & Associates Ltd
1.2 Owner:
Barr's Developments Limited
1.3 Official Plan Amendment:
To permit a minor expansion to the Rural Residential Cluster of Bond
Head.
Plan of Subdivision:
Residential plan of subdivision consisting of eight (8) single detached
dwellings.
Zoninq Bv-Iaw Amendment:
To rezone the subject lands from the "Agricultural Exception(A-1) Zone" to
an appropriate zone to permit the expansion of the rural cluster of Bond
Head to include eight (8) additional residential lots.
1.4 Site Area: 4.492 ha
1.5 Location: The subject lands are located in the Rural Cluster of Bond Head located
east of Newcastle Village (Attachment 1). The property is contained within
Part Lot 27, Broken Front Concession, in the former Township of Clarke.
2.0 BACKGROUND
2.1 On October 18, 2006, Barr's Developments Limited submitted three (3) applications to
the Municipality of Clarington for the development of nine (9) residential lots. A Planning
Report and Hydrogeological Assessment Report accompanied the application. In
accordance with Regional policy, a peer review of the hydrogeological report was
undertaken.
2.2 In response to a request from Clarington Engineering Services and Ganaraska Region
Conservation Authority through the circulation process, a Preliminary Stormwater
Drainage Report was also submitted. These are summarized in Section 7.0 of this
report.
2.3 The applicant has amended the application to reduce the number of lots to eight (8),
based on a personal decision, not a requirement based on the findings of a requisite
study.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is currently vacant and has frontage along Queen Victoria Street,
Park Lane and Boulton Street. The property is a greenfield site that has previously
been used for agriculture.
856
REPORT NO.: PSD-076-08
PAGE 4
3.2 Surrounding Uses:
North:
South:
East:
West:
vacant agricultural lands
single detached dwellings in the rural cluster
single detached dwellings in the rural cluster
single detached dwellings in the rural cluster
4.0 PROVINCIAL POLICY
4.1 The proposed subdivision application is not within the Greenbelt. However, the Growth
Plan (2006) and the Provincial Policy Statement (2005) are applicable provincial policy
for this application. The subject lands are affected by the Agricultural and Rural Area
policies of the Growth Plan. Both the Growth Plan and the Provincial Policy Statement
promote the better use of land and infrastructure.
Provincial Policv Statement
The Provincial Policy Statement permits limited residential development in rural areas
and states that development shall be appropriate to the infrastructure which is available.
It shall also avoid the need for the unjustified or uneconomical expansion of
infrastructure, and development that is compatible with the rural landscape and can be
sustained by rural service levels should be promoted. The applications are consistent
with the Provincial Policy Statement.
Growth Plan
The Growth Plan states that population growth will be accommodated by directing
development to settlement areas. Settlement areas include rural settlement areas, in
this instance a rural cluster, where development is concentrated. If the lands have not
been designated in the Official Plan for development over the long term, the settlement
area may be no larger than the area where development is concentrated.
The Growth Plan also states that new multiple lots and units for residential development
may be allowed in rural areas in site-specific locations with an approved designation
that permits this type of development in a municipal official plan, effective at the date of
the Growth Plan (June 16, 2006).
Bond Head is a Rural Residential Cluster that is permitted to accommodate up to a
maximum of 50 residential lots. Although the specific lands are not zoned, the policy is
in place to permit the limited growth of the cluster. As the subject lands will be serviced
by an existing municipal water service and accessed by existing municipal roads, staff
finds the applications to make efficient use of existing infrastructure. Although the
application is an expansion to the rural cluster, the expansion is an infill between two
existing portions of the rural cluster (Attachment 2). The applications do not seek to
expand the cluster beyond the area where development is concentrated. Staff finds the
applications in conformity with the Growth Plan.
857
REPORT NO.: PSD-076-08
PAGE 5
5.0 OFFICIAL PLAN
5.1 Durham Reqional Official Plan
The subject lands are designated "Waterfront Area" in the Durham Regional Official
Plan. The Regional Plan also recognizes Bond Head as a rural residential cluster.
Lands designated "Waterfront Area" require that development shall not negatively
impact key natural heritage or hydrologic features. Development shall also make
provision for public access to the waterfront.
The provisions for the Bond Head rural cluster, to contain a maximum of 50 lots, was
deleted through Amendment 114, the amendment implementing the Durham Regional
Official Plan Review. However, the Region considers this application as an expansion
or filling - in between the existing portions of the rural cluster.
5.2 Clarinqton Official Plan
The lands are designated "Waterfront Greenway" in the Clarington Official Plan and are
located adjacent to the Rural Residential Cluster of Bond Head as defined in the Zoning
By-law. The Rural Residential Cluster policies state that no expansion to the limits of
Cluster are permitted once the area of the Cluster has been defined through the Zoning
By-law. The owner has submitted an application to amend this policy.
There is also a specific policy within the Clarington Official Plan that states a maximum
of 50 residential lots is permitted in the Rural Residential Cluster of Bond Head, that the
lots shall be in the form of infilling, shall be connected to the municipal water supply
system and shall have a minimum lot area of 2,500 m2. The application provides for
infilling of the existing cluster development, although not within the existing cluster
limits. The lots will be connected to the municipal water supply and all lot areas will be
greater than 2,500m2
6.0 ZONING BY-LAW
6.1 The subject lands are currently within the "Agricultural Exception (A-1) Zone". The
applicant has applied to rezone the property to permit the proposed subdivision
development. The recommendations of the report support a rezoning to implement the
proposed draft plan of subdivision.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 PlanninQ Justification Report. D.G. Biddle & Associates Ltd.. October 2006
The Planning Analysis concluded that the application is consistent with the Provincial
Policy Statement, that it conforms with the Growth Plan, the Regional Official Plan, and
the general intent and requirements of the Clarington Official Plan.
858
REPORT NO.: PSD-076-08
PAGE 6
Clarington Planning Staff have reviewed this report and find that the Growth Plan
policies were not addressed. However, staff and Regional Planning's review of the
Growth Plan concludes that the applications do conform with the Growth Plan.
7.2 Hvdroqeoloqic Assessment Report. Geo-Loqic Inc.. Auqust 2006
This study was conducted to define the prevailing conditions at the site including sub
surface soil stratigraphy, recharge availability, ground water movement and local
hydrochemistry. From these findings the report evaluated the suitability of the planned
development and assessed anticipated impacts on groundwater resources. The report
also analyzed the potential impact of nitrate loading from the planned development as it
will be serviced by private septic systems. The Report concluded there would be no
significant impact on down-gradient baseline water quality functions and there will be a
negligible impact on the existing baseflow conditions on the water quality of the principal
aquifer system.
The Region of Durham Planning Department facilitated a peer review of the report,
which was conducted by their consultant, Hydroterra Limited. Their consultant
concluded that the Report was accurate and that the original proposed development for
nine (9) lots could proceed as planned.
7.3 Preliminary Stormwater Drainaqe Report, D.G. Biddle & Associates Inc.. April 2008
This report was generated to address requirements of the Municipality of Clarington and
Ganaraska Region Conservation Authority with regards to stormwater management.
Currently stormwater is conveyed to Lake Ontario via municipal ditches and an existing
BOO mm CSP culvert below Boulton Street. The Owner is proposing that the
development will be drained via positive graded surfaces of the planned lots, to a
proposed swale and then to the Boulton Street roadside ditch. The addition of the
swale will provide not only conveyance of the stormwater, but also infiltration and
cleansing of stormwater, prior to reaching the Boulton Street ditch. The culvert below
Boulton Street will be twinned to ensure that storm events are adequately handled. This
report has been reviewed by both Clarington Engineering and Ganaraska Region
Conservation Authority and they both found it satisfactory.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site.
Also three (3) public meeting notice signs were installed on the property along the
Queen Victoria Street, Park Lane and Boulton Street frontages.
8.2 A number of inquiries and concerns were both heard at the Public Meeting and received
by staff regarding this application. Their comments include:
· Loss of agricultural lands;
· Danger to tree line along road allowances, George Manners road allowance
functions as a wildlife corridor, negative impact on shoreline, lake and waterfront
trail.
859
REPORT NO.: PSD-076-08
PAGE 7
· Increase in traffic, construction noise, length of time of construction, impact on
ground water, having infrastructure in place prior to development (C.N.R underpass),
and costs of construction to residents.
· Will George Manners road allowance be closed? Will Darcy Street road allowance
be closed? Will the developer pay all costs to close and purchase it?
· New construction should complement tone of community.
· Density too high, how many lots are in the cluster, future development on three
vacant municipal lots, assurance there will be no further development in Bond Head.
· Is there adequate water supply? Could there be an extension of waterline along
Lakeshore Road outside of cluster?
Further discussion on these comments is contained in Section 10.
9.0 AGENCY COMMENTS
9.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies.
9.2 Clarington Emergency Services, Hydro One Networks Inc., and Rogers Cable have no
objections to this proposal.
9.3 Durham Region Planning Department finds the applications to be in conformity with the
Regional Official Plan and is exempt from Regional approval. They have provided
conditions of draft approval for the subdivision that will need to be complied with prior to
clearance by the Region for registration of this plan.
9.4 The Kawartha Pine Ridge District School Board requests that adequate provision be
made for sidewalks in this development. The Board has no other comments or concerns
at this time. The Municipality will not be extending sidewalks to this area and Planning
has advised the School Board of this.
9.5 Ganaraska Region Conservation Authority, Enbridge Gas and Bell Canada have no
objection to the application and have provided conditions of draft approval for the
proposed plan of subdivision.
9.6 Clarington Engineering Services has reviewed the application and generally finds the
proposed development acceptable. Their conditions and requirements are contained in
the Conditions of Draft Approval.
10.0 STAFF COMMENTS
10.1 The application has been revised from what was originally submitted and advertised at
the public meeting and is now for the development of eight (8) residential lots in the
Rural Residential Cluster of Bond Head. The proposed dwellings will all be single
detached homes, serviced by municipal water and private septic systems. Each lot will
860
REPORT NO.: PSD-076-08
PAGE 8
be accessed from an existing municipal street - Boulton Street, Park Lane or Queen
Victoria Street.
10.2 Bond Head is a cluster with an unusual geography and history. Typically clusters are
located at the intersection of two crossroads and the dwellings would be clustered on
one or more quadrants of the intersection. Bond Head currently is in the shape of a
backwards "J" with a parcel of agricultural land in the middle. These applications seek
to fill in the centre of the "J" shape with eight (8) additional residential lots. Attachment
2 illustrates the currently zoned limits of the Rural Residential Cluster of Bond Head
which contains 40 existing lots, and potential for a total of 42 lots within the existing
limits.
10.3 Due to the proximity of the existing cluster on the east, west and south sides of the
subject lands, there are limited agricultural uses permitted.
10.4 Municipal water service is available in Bond Head and Durham Regional Works
Department has stated that there is capacity in the existing pipe for these proposed lots.
The applicant will be required to enter into a separate agreement with the Region for the
extension and connection of the water service to these lots.
10.5 Each lot will be individually serviced by a private septic system. As noted previously in
Section 7, these lands can accommodate the original nine (9) lots proposed when the
application was submitted. As there were numerous concerns regarding the
development's impact on the soils and ground water flow brought forward at the Public
Meeting for these applications, Clarington conducted an Open House. The Open
House was held at the Newcastle Town Hall on January 10th, 2008, for all the resident's
notified of the application through the initial circulation and any other interested parties.
The applicant, his engineer, the author of the Hydrogeologic Assessment Report and
Municipal Staff were there to answer questions. Generally, all residents were satisfied
with the information presented.
10.6 This cluster is a historical settlement with homes dating back to the late 1800's. Given
the heritage character of the area, the Clarington Heritage Committee stated that the
developer should design dwellings in the architectural style of the existing dwellings. A
condition of draft approval has been included that the development shall prepare a
Community Theme and Architectural Design Guidelines Plan to implement building
placement, orientation and architectural features on the dwellings. This Plan will be
binding on all successor owners of these lots.
10.7 To unify the new residential lots with the existing rural cluster development, staff is
using zoning standards to control lot frontage and area. Each new lot will be a minimum
of 4200 m2 (1 ac) in area with 45 metres of frontage. Also, the front and exterior side
yard setbacks have a minimum and maximum setback for porches, dwellings and
attached garages. The introduction of a maximum front yard setback ensures that
dwellings will have a street front presence, rather than appearing as individual estate
properties with the dwellings set a long distance from the street. Attachment 6 contains
the recommended amending zoning by-law.
861
REPORT NO.: PSD-076-08
PAGE 9
10.8 The Municipality has acquired three waterfront lots to expand the existing Bond Head
Park. The Master Plan for the expanded park will be developed shortly before its
anticipated construction in 2013. As the park is further developed and used, it is
anticipated that there will be a need for additional parking for peak periods. Providing
this parking on the waterfront lands would diminish the limited land available on the
waterfront for the public. It has been the intention to acquire additional lands for parking
on the north side of Boulton Street for this purpose. The amount of parking required is
not quantified and would be determined by the type of programming going on at the
waterfront.
In the Public Meeting report on this application, staff identified that it would be reviewing
park land requirements in the area. Planning and Engineering staff determined that a
linear parking area could be achieved with a widening to the existing George Manners
Street road allowance by 14 m adjacent to lot 8 of the proposed plan of subdivision.
This would allow for two rows of parking and a drive aisle for access while maintaining
any mature trees and providing an area for the Municipality to plant a good vegetative
buffer on either side.
Under the Planning Act, the applicant is required to dedicate 5% of the land within a
plan of subdivision for park purposes, or the equivalent of 0.22 of a hectare (0.56 of an
acre.) The proposed 14 m widening of the Municipality's road allowance, would
comprise approximately one half of the amount of the park dedication requirement. The
balance would be taken as cash-in-lieu.
The Owner is aware of the condition to widen a portion of the existing road allowance
and does not agree. Their concerns are primarily related to the impact of the public
using a parking area and disturbing their use of the property. Staff offered to review
various design solutions to minimize or eliminate views of the parking area.
With the Municipality's commitment to improve the Bond Head parkette and the very
limited opportunity for the public to access the waterfront within the context of growth in
the Municipality, the staff proposal provides a cost-effective opportunity to
accommodate overflow parking at the park without negatively impacting the limited
parkland available or the many other resident's of Bond Head who may otherwise see a
high use of on-street parking. The Municipality could take the dedication fully as "cash-
in-lieu" and potentially accommodate this linear parking area within the existing road
allowance but it would not include the appropriate landscape buffers or retain a number
of mature trees. Another alternative is for Council to take the full park dedication and/or
a land exchange for Darcy Street in land in anticipation of other future park needs.
10.9 The subject lands were originally part of the Hanning Plan and contained three road
allowances, Darcy Street, Clarke Street and Bond Street. The applicant was required to
determine the status of the three unopened road allowances and actual ownership. It
has been determined to the satisfaction of the Municipal solicitor and the Clarington
Engineering Services Department that both Clarke Street and Bond Street are in the
ownership of Barr's Development Limited and that Darcy Street is required to be closed
by by-law and sold to Barr's Development Limited for their subdivision. Report EGD-
862
REPORT NO.: PSD-076-08
PAGE 10
028-08 was considered by Council on June 23, 2008 describing the necessary steps
and future transaction required for the conveyance of the Darcy Street road allowance.
The lands have not yet been purchased by Barr's Development Limited and the title has
not been transferred. Thus staff recommend that Council approve the subdivision and
authorize the Director of Planning Services to grant approval for this subdivision, at
such time that the Darcy Street road allowance is conveyed to the applicant.
10.10 Resident's Issues
Residents have called the Municipality and attended the Public Meeting held in January
2007. Their issues are summarized and discussed as follows:
· Concerns regarding the loss of agricultural land - As noted in Section 10.3,
there are very limited agricultural uses that are permitted on this property. The
Minimum Distance Separation requirements prohibit the establishment of any
livestock buildings on the property, and as a separate parcel the land is not
viable for an independent agricultural operation.
· Loss of trees along road allowances; George Manners road allowance
functions as a wildlife corridor - The majority of the trees are located on the
municipal road allowances of Boulton Street, Park Lane, Queen Victoria Street
and George Manner road allowance. Municipal approval is required prior to the
removal of any trees on municipal property. As a condition of draft approval, the
developer is required to submit a tree preservation plan for the plan of
subdivision. Staff will review the proposed removal of any significant trees prior
to approval. The George Manners road allowance is not part of this development
proposal and there will be no trees removed from it as part of this development.
· Negative impact on shoreline and lake - The applicant submitted a stormwater
management plan to the satisfaction of the Municipality and the Ganaraska
Region Conservation Authority. Post development stormwater flows are to
match pre-development, and thus no negative impact on Lake Ontario or it's
shoreline are anticipated.
· Increase in traffic, construction noise, length of time of construction,
impact on ground water, have infrastructure in place prior to development
(underpass), costs of construction to residents - The development proposed
has a total of eight lots. Staffs review finds that this development will not cause
an undue amount of traffic on the existing road network.
· Will George Manners road allowance be closed? Will Darcy Street road
allowance be closed? Will the developer pay all costs to close and
purchase it? - The George Manners road allowance will remain unopened and
it is not the Municipality's intention to close and convey it. A portion of the road
allowance at the south end abutting Boulton Street will become part of a parking
area for the Bond Head Park. This parking area will be developed to alleviate
residents concerns and complaints regarding parking overflow for the Bond Head
Park. The Municipality has received an application to close and convey the Darcy
863
REPORT NO.: PSD-076-08
PAGE 11
Street road allowance, through the proposed draft plan of subdivision. The
Owner will bear 100% of the costs of closing and conveyance this portion of
Darcy Street and this has been included as a condition of draft approval.
.
New construction should compliment tone of community - As noted in
Section 10.6 above, a condition of draft approval has been included that requires
the Owner to prepare a Community Theme and Architectural Design
Implementation Plan the will control architectural design and ensure the
development is complimentary to the existing cluster.
.
Density too high, how many lots are in the cluster, future development on
three vacant municipal lots, assurance there will be no further develo~ment
in Bond Head - The average lot size in the existing rural cluster is 4200 m (1.04
ac). The minimum proposed lot area in the new development is 4200 m2 and the
largest lot within the draft plan is approximately 8100 m2. Staff finds that the draft
plan of subdivision is consistent and suitable development for this cluster. The
Bond Head Rural Cluster is limited to 50 lots through policy in the Clarington
Official Plan. Currently there are 37 existing dwellings, 40 existing lots, and a
potential for 2 severed lots within the cluster limits. The addition of eight new lots
will conform with the Official Plan. There is no residential development planned
for the three lots the Municipality purchased on Boulton Street.
.
Adequate water supply? Extension of waterline along Lakeshore Road
outside of cluster - The Region of Durham provides municipal water service to
the Bond Head Rural Cluster. They have stated there is adequate water supply
to connect the proposed eight dwelling units. The extension of the waterline
along Lakeshore Road has been referred to the Region, but it is the Region's
policy not to extend services beyond the urban boundary except by amendment
to the Plan. Bond Head and Newtonville are the only rural settlements in
Clarington that have regional water service.
10.11 Clarington Finance advises that for the subject lands all taxes have been paid
satisfactorily.
11.0 CONCLUSIONS
11.1 The land ownership issues of the three unopened road allowances (Darcy, Clarke and
Bond Streets) have been resolved and the proponent has applied to close Darcy Street.
The process to complete this will take several months. In anticipation of this, it is
recommended that the official plan amendment application and rezoning application be
approved but the draft plan of subdivision be approved only in principle with the Director
of Planning granting draft approval subsequent to the closure of the street and
satisfactory financial payments made to the Municipality.
The applicant has not concurred with the requirement to dedicate a portion of the 5%
parkland dedication with an extension of the George Manners road allowance. Council
can:
864
REPORT NO.: PSD-076-08
PAGE 12
· Require that the entire 5% of the land be dedicated to the Municipality for future
park purposes;
. Take payment of cash-in-Iieu of parkland;
· Concur with staff's recommendation to take approximately one half of the
parkland dedication requirement in land and the balance in cash-in-lieu parkland;
· Provide some other direction to staff that would include consideration of the
Darcy Street road allowance.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Map of Rural Residential Cluster of Bond Head
Attachment 3 - Official Plan Amendment
Attachment 4 - Proposed Draft Plan
Attachment 5 - Conditions of Draft Approval
Attachment 6 - Zoning By-law Amendment
Attachment 7 - By-law Authorizing Subdivision Agreement
Interested parties to be notified of Council and Committee's decision:
D.G. Biddle & Associates Ltd.
Barr's Developments Limited
Noel Gordon
William Skitch
Roderick McArthur
M.R. Davidson
D. Hanley
Sam & Brian Mountford
David Walton-Ball
Peter Fialkowski
R.W. Westwood
Lynda MacGregor
J. Eilbeck
A. Wynn
Michel Fleury
Daniel Lang
Beat Niklaus
Patricia McDonnell
Douglas Cronk
Gregory Ward
Ann Harley
Paul-Andre Larose
Dan Strike
Roger Yates
John Yates
H. Vanden Heuvel
865
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To Report PSD-076-08
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Attachment 2
To Report PSD-076-08
Lake Ontario
Rural Residential Cluster of Bond Head
-
867
Attachment 3
To Report PSD-076-08
AMENDMENT NO. 63
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment to the Municipality of Clarington
Official Plan is to permit the approval of an eight (8) lot
residential subdivision within a minor expansion of the Bond
Head Rural Residential Cluster.
LOCATION:
The subject site is located north of Bolton Street, west of Park
Lane, in Bond Head within Part of Lot 27, Broken Front
Concession, former Township of Clarke, now within the
Municipality of Clarington.
BASIS:
This amendment is based on the resolution of the General
Purpose and Administration Committee on July 7, 2008, with
respect to Official Plan Amendment Application COPA2006-
0003.
ACTUAL
AMENDMENT:
The Municipality of Clarington Official Plan is hereby amended
by adding a new Section 12.6.5 as follows:
1) "12.6.5 Notwithstanding Section 12.6.2 and any other
provision of this Plan to the contrary, the property north of Bolton
Street, west of Park Lane, in Bond Head, may be rezoned to
permit a minor expansion of the Bond Head Rural Residential
Cluster."
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan as amended, regarding implementation of the Plan shall
apply to this Amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan as amended, regarding interpretation of the Plan shall apply
to this Amendment.
868
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to adopt Amendment No. 63 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to permit a minor expansion of the Bond
Head Rural Residential Cluster;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 63 to the Clarington Official Plan being the attached Explanatory
Text and Map is hereby adopted; and
2. This By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
869
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Attachment 5
To Report PSD-076-08
CONDITIONS OF DRAFT APPROVAL
File No.: S-C-2006-0002
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of subdivision S-C-2006-0002 prepared by D.G. Biddle & Associates Limited,
identified as job number 106065, dated August 2006, as revised in January 2008,
which illustrates 8 lots for single-detached residential and a daylight triangle
block.
FINAL PLAN REQUIREMENTS
2. The Owner shall prepare an Environmental Sustainability Plan, for approval by
the Director of Planning Services and the Director of Engineering Services. This
plan must be approved by the Municipality of Clarington, and shall identify
specific measures on how development in Plan S-C-2006-0002, will ensure the
protection, conservation and enhancement of air, water, and ecological features
and functions, energy and other resources and heritage resources. This Plan
shall be approved by the Municipality of Clarington prior to the first to occur of the
following: registration of the first phase of developments; issuance of an
authorization to commence works; or, the sale of any lots within said plan. As a
minimum, the report shall address:
i) Energy conservation measures for new homes, such as the construction
and operation of new residential building to a minimum rating of 80 or
more in accordance with Natural Resources Canada "EnerGuide for New
Houses" or equivalent certification system;
ii) Water conservation measures for new homes such as the Water Sense
program or equivalent program; and
jji) Use of environmentally friendly materials or finishes in the dwellings.
3. The Owner shall prepare a Community Theme and Architectural Design Brief,
prior to execution of the subdivision agreement and/or any sale of any lots within
the draft plan, to the satisfaction of the Director of Planning Services. This Plan
shall confirm and control intended architectural design of development in the
Bond Head Rural Cluster. The Plan shall include building placement, orientation
and architectural features and related design issues for the overall design plan.
4. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain
area municipal approval of the zoning for the land uses shown on the approved
draft pl~n in accordance with the provisions of the Planning Act.
5. Prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water supply plant capacities are
available to the proposed subdivision.
871
6. Prior to final approval, and prior to anyon-site grading taking place, a stormwater
management report shall be prepared supporting detailed design in accordance
with current MOE criteria to the satisfaction of the Ganaraska Region
Conservation Authority. This report shall be based on the conceptual servicing
report entitled "Preliminary Stormwater Drainage Report - Barr's Development
Limited" dated April 15, 2008, and addendum letter to this report dated May 2,
2008, both prepared by D.G. Biddle & Associates Limited. Stormwater detention
will need to occur on-site if twinning of the outlet culvert beneath Boulton Street is
not feasible.
7. Prior to final approval, the Owner shall engage a qualified professional to carry
out, to the satisfaction of the Ministry of Culture's requirements, an
archaeological assessment of the entire development property, and mitigate,
through preservation or resource removal and documentation, adverse impacts
to any significant archaeological resources found. No demolition, grading or
other soil disturbances shall take place on the subject property prior to the
Region of Durham, on behalf of the Ministry of Culture, confirming that all
archaeological resource concerns have been met including licensing and
resource conservation requirements.
8. The unopened road allowances situated within the subject lands must be legally
closed and conveyed into private ownership prior to draft approval of this plan.
The Owner will be required to obtain the approval of the Council of the
Municipality of Clarington for the proposed road closure and meet all municipal
policy requirements pertaining to the legal closure of the road allowances.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
9. The Owner shall submit plans showing the proposed phasing to the Region and
the Municipality of Clarington for review and approval if this subdivision is to be
developed by more than one registration. The Municipality shall require the
preparation of a subdivision agreement for each phase of development.
10. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of
Planning Services for review and approval. The Landscaping Plan shall reflect
the design criteria of the Municipality as amended from time to time. The
phasing plan shall identify construction traffic routes and measures proposed to
contain construction vehicles to the designated routes.
11. The Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard
subdivision agreement, including, but not limited to, the requirements that follow.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
12. All land dedications, easements, sight triangles and reserves as required by the
Municipality of Clarington for this development must be granted to the
872
Municipality of Clarington free and clear of all encumbrances and in a form
satisfactory to the Municipality's solicitor.
13. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of
Queen Victoria Street and Park Lane to the Municipality of Clarington.
14. The Owner is required to provide a block 1125 m2 in area, abutting George
Manners road allowance, with 14 metres of frontage along Boulton Street. The
remainder of the parkland dedication shall be as the appropriate cash
contribution in lieu of the normal parkland dedication.
15. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
16. The Owner shall fence the east side of the George Manners road allowance to
the satisfaction of the Director of Engineering Services.
17. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to
be buried underground.
18. The Developer/Builder shall include a disclosure in all purchase and sale
agreements advising home buyers of Municipal parking regulations, to the
satisfaction of the Director of Planning Services.
19. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this
program has been approved except as authorized by the Municipality.
20. That prior to the issuance of building permits, access routes to the subdivision
must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code
and, that all watermains and hydrants are fully serviced and the Owner agrees
that during construction, fire access routes be maintained according to
Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be
maintained as per Subsection 2.4.1.1 and open burning as per Subsection
2.6.3.4 of the Ontario Fire Code.
21. The Owner shall be 100% responsible for the cost of any architectural design
guidelines specific to this development, as well as 100% of the cost for the
"Control Architect" to review and approve all proposed models and building
permits, to the satisfaction of the Director of Planning Services.
22. No building permit shall be issued for the construction of any building on any
residential lot or block on said plan, until the architectural control guidelines for
the development and the exterior architectural design of each building and the
location of the building on the lot has been approved by the Municipality of
Clarington.
23. The Owner agrees to submit a well monitoring/well interference report. Further,
the Owner agrees that where the well or private water supply of any person is
873
interfered with as a result of the subdivision, the Owner shall at his expense,
either connect the affected party to municipal water supply system or provide a
new well or private water system so that water supplied to the affected party shall
be of quality and quantity at least equal to the quality and quantity of water
enjoyed by the affected party prior to the interference.
24. The Owner shall provide the Municipality, unconditional and irrevocable, Letters
of Credit acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees
or deposit as may be required by the Municipality.
25. The Owner shall pay to the Municipality, the development charge in accordance
to the Development Charge by-law as amended from time to time, as well as
payment of a portion of front end charges pursuant to the Development Charge
Act if any are required to be paid by the Owner.
26. The Owner supply on disk, in a CAD format acceptable to the Municipality of
Clarington a copy of the proposed Plan of Subdivision as Draft Approved and
each 40M Plan proposed for registration.
CONSERVATION AUTHORITY
27. The Owner shall prepare a report to the satisfaction of the Ganaraska Region
Conservation Authority detailing the means whereby erosion and siltation will be
minimized and contained on site both during and subsequent to the construction
period in accordance with current MOE criteria.
28. The Owner agrees to carry out or cause to be carried out the measures and
recommendations as contained within the reports approved under Condition 28.
29. The Owner agrees to maintain all erosion and siltation control devices in good
repair during the construction period in a manner satisfactory to the Ganaraska
Region Conservation Authority.
30. The Owner shall obtain all necessary permits from the Ganaraska Region
Conservation Authority under Ontario Regulation 168/06, prior to the registration
of the plan.
31. The Owner shall satisfy all financial requirements of the Ganaraska Region
Conservation Authority. This shall include application procession Fees and
Technical Review Fees as per the approved Authority Fee Schedule.
GAS DISTRIBUTION
32. The Owner is to co-ordinate the preparation of an overall utility distribution plan to
the satisfaction of all effected authorities.
33. All of the natural gas distribution system will be installed within the proposed road
allowances therefore easements will not be required.
874
TELECOMMUNICA TIONS
34. he Owner is hereby advised that prior to commencing any work within the Plan,
the Owner must confirm that sufficient wire-line communication/
telecommunication infrastructure is currently available within the proposed
development to provide communication/telecommunication service to the
proposed development. In the event that such infrastructure is not available, the
Owner is hereby advised that the Owner may be required to pay for connection
to and/or extension of the existing communication/telecommunication
infrastructure. If the Owner elects not to pay for such connection to and/or
extension of the existing communication/telecommunication infrastructure, the
Owner shall be required to demonstrate to the municipality that sufficient
alternative communication/telecommunication facilities are available within the
proposed development to enable, at a minimum, the effective delivery of the
communication/telecommunication services for emergency management
services (i.e., 911 Emergency Services).
35. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to
grant to Bell Canada any easements that may be required for telecommunication
services. Easements may be required subject to final servicing decisions. In the
event of any conflict with existing Bell Canada facilities or easements, the Owner
shall be responsible for the relocation of such facilities or easements.
SERVICING
Municipality of Clarinqton
36. The Owner shall satisfy all requirements, financial and otherwise, of the
Municipality of Clarington. This shall include, among other matters, the execution
of a subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage and other
local services.
37. The Owner must submit a design for the replacement of the 800 mm storm water
culvert under Boulton Street. The design must include traffic control, signage,
public notification, frost tapers, road allowance restoration, erosion and sediment
control during construction, permanent erosion control and any other
requirements of the Director of Engineering Services. The entire cost of the
culvert replacement and any elements associated with the replacement will be
100% the applicant's expense. The design will be submit to the approval of the
Director of Engineering Services, and the construction will be at the direction of
the Construction Branch in the field.
38. The Owner will be responsible for 100% of the cost of restoration of the Park
Lane road allowance due to the installation of the proposed watermain, as well as
any other subdivision construction related activity. The restoration must be done
to the satisfaction of the Director of Engineering Services and as directed by the
Construction Branch in the field.
875
39. The Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review
and approval. This plan shall delineate the prime and reserve sewage system
envelopes. All plans and drawings must conform to the Municipality's Design
Criteria and the Regional criteria as amended from time to time.
Reqion of Durham
40. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of
a subdivision agreement between the Owner and the Region concerning the
provision and installation of water supply, roads and other regional services.
41. The Owner shall provide for the extension of such water supply facilities which
are external to, as well as within, the limits of this plan that are required to service
this plan. In addition, the Owner shall provide for the extension of water supply
facilities within the limits of the plan which are required to service other
developments external to this subdivision. Such water supply facilities are to be
designed and constructed according to the standards and requirements of the
Regional Municipality of Durham. All arrangements, financial and otherwise, for
said extensions are to be made to the satisfaction of the Regional Municipality of
Durham, and are to be completed prior to final approval of this plan.
42. The Owner agrees to retain a qualified professional engineer/designer who
specializes in the design of private sewage systems. The engineer/designer shall
produce and provide the design of private sewage systems in accordance with
the Ontario Building Code for each lot to the Region Health Department for
review and approval.
43. The Owner engineer/designer shall conduct on-site tests on the primary sewage
system area for all lots to determine. its permeability. The engineer shall provide
analysis of the soil tests describing grain size analysis, coefficient of permeability
and estimated percolation "T' times to the Regional Health Department in support
of the sewage system design.
44. The Owner agrees that the eight lots will be serviced by municipal water and all
existing drilled/test wells must be decommissioned in accordance with Ontario
Regulation 903 under the Ontario Water Resources Act.
45. The Owner agrees that there shall be no construction of accessory buildings or
swimming pools in the prime and reserve tile bed areas, or in locations less than
the minimum setbacks in accordance with the Ontario Building Code.
46. The Owner agrees that imported sand fill be used for leaching bed construction
and shall be tested to ensure the percolation rate is between 6-10 min/cm. A
design rate of no less than 10 min/cm shall be used to calculate the length of
leaching bed pipe to be used.
876
47. The Owner agrees that imported sand fill be used for leaching bed construction
and shall be tested to ensure the percolation rate is between 6-10 min/cm. A
design rate of no less than 10 min/cm shall be used to calculate the length of
leaching bed pipe to be used.
OTHER
48. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions:
a) The Owner agrees to include provisions whereby all offers of purchase
and sale shall include information that satisfies Subsection 59(4) of the
Development Charges Act, 1997.
b) The Owner agrees to bear the costs of any relocations or revisions to
Ontario Hydro facilities which may be necessary to accommodate this
subdivision.
c) Owner agrees to register on the title of all lots a notice to indicate that both
the present Owner(s) and future Owner(s) are fully aware of the existence of
farming operations nearby and will not object, complain or seek legal action
against such nuisances as noise and odour resulting from normal farming
practices.
49. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) Durham Region, how Conditions 5, 7, 40 - 46 inclusive have been
satisfied;
b) Ganaraska Region Conservation Authority, how Conditions 6, 27 - 31
have been satisfied;
c) Enbridge Gas Distribution Inc., how Conditions 32 and 33 have been
satisfied;
d) Bell Canada, how Conditions 34 and 35 have been satisfied, and
e) Hydro One Networks Inc., how Condition 47b) has been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval
date, and no extensions have been granted, draft approval shall lapse and the
file shall be CLOSED. Extensions may be granted provided valid reason is given
and is submitted to the Director of Planning Services for the Municipality of
Clarington well in advance of the lapsing date.
877
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to
final approval. The Planning Act provides that draft approval may be withdrawn at
any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan.
The addresses and telephone numbers of these agencies are:
a) Durham Region Planning Department, 605 Rossland Road East, PO Box
623, Whitby, ON L 1 N 6A3 (905) 668-7721
b) Ganaraska Region Conservation Authority, Box 328, Port Hope Ontario, L1A
3W4 (905) 885-8173.
c) Enbridge Gas Distribution Inc., P.O. Box 650, Scarborough, ON M1K 5E3
d) Bell, Development & Municipal Services Control Centre, Floor 5, 100
Borough Drive, Scarborough, ON M1 P 4W2
e) Ontario Hydro Services Company, Real Estate Services, 7676 Woodbine
Avenue, Suite 300, Markham, Ontario, UR 2N2 (905) 948-6015.
878
Attachment 6
To Report PSD-076-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the former Town of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement S-C-2006-0002, COPA2006-0003 and ZBA2006-0029; and
WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
whereby it would not come into effect until such time as Official Plan Amendment No. 63
is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 7.3 "SPECIAL EXCEPTIONS - RURAL CLUSTER (RC) ZONE" is
hereby amended by adding thereto the following new Special Exception 7.3.14
as follows:
"7.3.14
RURAL CLUSTER EXCEPTION (RC-14) ZONE
Notwithstanding Section 7.2 the lands zoned RC-14 on the
Schedule to this By-law shall be subject to the following conditions:
a.
Lot Area (minimum)
metres
4200 square
b.
Lot Frontage (minimum)
45 metres
c.
Yard Requirements
i) Front Yard
a) Porch
b) Dwelling
a minimum of 7.5 metres
and a maximum of 13.5
metres
a minimum of 10 metres
and a maximum of 15
metres
a minimum of 12 metres
and a maximum of 17
metres
c) Attached garage
ii)
Exterior Side Yard
a) Porch
a minimum of 7.5 metres
and a maximum of 13.5
metres
a minimum of 10 metres
and a maximum of 15
metres
a minimum of 10 metres
and a maximum of 15
metres
b) Dwelling
c) Attached garage
iii)
Interior Side Yard (minimum)
2 metres
879
iv)
Rear Yard (minimum)
15 metres
d.
Landscaped Open Space
40 percent
e. Municipal Servicing Requirement No building or structure
may be erected and no
use may be established in
the Rural Cluster
Exception (RC-14) Zone
;unless the lot upon which
it is situated is service by
Municipal water system
which has sufficient
capacity to accommodate
the proposed use.
f. Attached Garage Requirement All garage doors shall not
be located any closer to
the street line than 2 m
further back from the
dwelling's ground floor
front wall or ground floor
exterior side wall.
2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-1)" to Holding
Rural Cluster Exception (H)(RC-14)", as illustrated on the attached Schedule "A"
hereto.
3. Schedule "A" attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of
2008
BY-LAW read a second time this day of
2008
BY-LAW read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
880
This is Schedule "A" to By-law 2008- ,
passed this day of . 2008 A.D.
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LAKE
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~ Zoning Change From "A-1" To "(H)RC-14" J
Jim Abernethy, Mayor
Patti L. Barrie. Municipal Clerk
I:~
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LAKE ONTARIO
NEWCASTLE
881
Attachment 7
To Report PSD-076-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-_
being a By-law to authorize entering into an agreement with the Owners of draft
plan S-C-2006-0002, any Mortgagee who has an interest in the said Lands, and
the Corporation of the Municipality of Clarington in respect of S-C-2006-0002
Whereas the Owner(s) of draft Plan of Subdivision S-C-2006-0002 is now ready to
proceed to finalize the subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington 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's seal,
an agreement between the Owners of Draft Plan of Subdivision S-C-2006-0002.
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality of Clarington, the said conveyances of lands required pursuant to
the aforesaid Agreement.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
882
C[!1[illglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, July 7, 2008
Report #: PSD-077-08 File #: COPA 2005-0010 and By-law #:
ZBA 2005-0058
Subject:
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC.
TO PERMIT A WIDER RANGE OF COMMERCIAL USES
RECOMMENDA liONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-077-08 be received;
2. THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a
wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. be APPROVED as indicated in Attachment 3 and that the
necessary by-law be PASSED;
3. THAT the application to amend the Municipality of Clarington Zoning By-law 84-
63, as amended, be APPROVED and that the by-law as contained in Attachment
4 be PASSED;
4. That an exception to the Municipality's policy and practice be granted to provide
for a private open space area with the valleylands provided that a hotel greater
than 100 rooms is constructed on site within six years of the zoning approval;
5. That prior to adopting the proposed amendments, arrangements are made to the
satisfaction of the Municipality's solicitor for the transfer of the private open space
to the Municipality after six years if a hotel is not constructed;
6. THAT a copy of Report PSD-077 -08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
7 . THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
883
REPORT NO.: PSD-077-08
PAGE 2
Submitted by:
. df--eQ~ ~
Reviewed by:
Da I . Creme, M.C.I.P., RP.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
RH/COS/df/sn
July 02, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
884
REPORT NO.: PSD-077 -08
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant: Bowmanville Creek Developments Inc.
1.2 Agent: D.G. Biddle and Associates Limited
1.3 Official Plan Amendment:
The amendment proposes, in addition to existing permitted special
purpose commercial uses, retail commercial uses on the following
basis:
. 3,716 m2 (40,000 ft2) of gross floor area with a minimum of
gross floor area of 929 m2 (10,000 ft2) per unit for a maximum
of 4 units;
. 1,858 m2 (20,000 ft2) of gross floor area with a minimum
gross floor area of 465 m2 (5,000 ft2) per unit for a maximum
of 4 units;
. 1,393 m2 (15,000 ft2) of gross floor area with a minimum
gross floor area of 232 m2 (2,500 ft2) per unit for a maximum
of 6 units; and
. one financial institution in the form of a credit union.
The amendment also proposes:
. to redefine the limits of the environmental protection area;
and
. provide some private open space amenity area.
1.4 Rezoning: Appropriate to implement the proposed Official Plan Amendment.
1.5 Site Area: 7.3 hectares (18.0 acres)
2.0 LOCATION
2.1 The subject lands are located at the southeast corner of Waverly Road and
Baseline Road in Bowmanville (see Attachment 1). The proposed development
area totals 7.3 hectares (18.0 acres). The property is located within Part Lots 12
and 13, Broken Front Concession, in the former Town of Bowmanville.
3.0 BACKGROUND
3.1 On November 22, 2005, staff received official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit general retail
uses in excess of 929 m2 (10,000 ft2) and one financial institution in addition to
permitted highway commercial uses. The proposal encompassed a portion of
the Shell Canada lands that were to be purchased by the applicant as well as the
applicant's lands west of the Spry Avenue right-of-way south of Baseline Road
with the exception of the lands that were severed for the RONA Home
Improvement Centre (See Attachment 1).
885
REPORT NO.: PSD-077-08
PAGE 4
3.2 A statutory Public Meeting was held on May 8, 2006 for the application. No
member of the public spoke either in support of or in opposition to the
application.
3.3 Halloway Holdings Limited and Metrus Developments Inc. were approved for
new commercial development in the Bowmanville West Town Centre. After the
Public Meeting, both developers sought clarification that the proposal would not
adversely affect their proposals. A review of this matter by our retail market
consultant concluded that the proposal would have no negative impacts provided
the amount of proposed retail f100rspace would not be increased beyond the
6,050 m2 (65,000 ft2) that was contemplated for this site through the Commercial
Policy Review. Since the proposal merely seeks more flexibility rather than afl
increase in retail commercial floorspace, both developers were satisfied that their
interests would not be adversely affected. Both developers have been notified of
this revised application.
3.4 On April 1, 2008, staff received revised official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit a greater
variety of retail commercial store sizes and a financial institution in addition to
permitted highway commercial uses. While the previous application
contemplated a minimum floor space size of 10,000 ft2, the revised application
floor space with the 10,000 ft2, 5,000 ft2, and 2,500 ft2 ranges to permit greater
leasing flexibilit~. Again, the applicant would be permitted the greater flexibility up
to the 65,000 ft retail commercial floorspace limit.
The revised application also incorporates the proposed redefinition of the
floodplain in accordance with an approved environmental impact study prepared
for the subject lands, which was previously proposed through application ZBA
2003-037.
Finally, the revised application proposes private open space amenity space
associated with the hotel and fitness centre in the valleyland. The proposal now
encompasses a portion of the Shell Canada lands that are to be purchased by
the applicant as well as the applicant's remaining lands with the exception of the
lands that were severed for the RONA Home Improvement Centre (see
Attachment 1).
3.5 A statutory Public Meeting was held on June 2, 2008 for the application.
Although no member of the public spoke either in support of or in opposition to
the application, a concern was raised on behalf of the Bowmanville Business
Improvement Area (BBIA) that the additional floorspace would have negative
impacts on the Downtown.
The BBIA provided the following objections on the application.
· The population growth for the additional 10,000 ft2 proposed by the applicant
has yet to be realized.
· The 1985 Ontario Municipal Board decision on the subject lands for the
proposed Pythbow Development Limited application remains relevant today.
886
REPORT NO.: PSD-077-08
PAGE 5
. The permanent layoffs at General Motors coupled with high fuel prices will
make home purchases in Clarington less attractive, resulting in lower retail
demand.
These issues will be addressed in Section 9.4 of this report.
3.6 A site plan application (SPA 2003-036) has also been submitted for
consideration. Potential tenants would occupy the larger buildings shown on the
site plan (See Attachment 1).
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is currently vacant and has a gradual slope towards the
Bowmanville Creek and Highway 401. Site servicing work was ~ndertaken to
service the RONA home improvement store property.
4.2 Surrounding Uses:
East:
North:
West:
South:
Open space lands associated with the Bowmanville Creek
Urban residential, RONA, and open space lands
Shell gas station and Bowmanville Auto Mall
Highway 401
5.0 PROVINCIAL POLICY
5.1 Provincial Policy Statement
The proposed development application proposes to provide an increase in the
range of large format retail uses and floor space flexibility for the site. The
existing highway commercial designation permits commercial uses that serve
area residents and the traveling public. Provincial Policy states that there shall
be an appropriate mix and range of serviced commercial lands available to meet
the long-term needs of the community.
The Provincial Policy Statement supports long-term economic prosperity by
maintaining, or where possible, enhancing the viability of downtowns and main
streets. Planning decisions on commercial matters must consider possible
impacts of proposals on downtown areas to ensure that the size, amount, and
range of uses do not negatively affect downtowns.
5.2 Provincial Growth Plan
The Provincial Growth Plan for the Greater Golden Horseshoe directs new
development to existing serviced urban centres and encourages a compatible
mixture of land uses within the urban centres. Compact urban growth is
encouraged in urban centres and along transportation corridors. The provision of
additional retail choices for existing and future residents supports the goals of the
Provincial Growth Plan.
887
REPORT NO.: PSD-077-08
PAGE 6
6.0 OFFICIAL PLANS
6.1 Durham Reqional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area".
Special purpose commercial uses are permitted in this designation provided that
they are designated appropriately in the local Official Plan and zoned on the local
Zoning By-law. The proposal conforms to the Durham Regional Official Plan.
6.2 Clarinqton Official Plan
The Clarington Official Plan designates the subject lands "Highway Commercial
Area". Lands within this designation shall serve the specialized needs of
residents on an occasional basis with services and facilities, which consume
large parcels of land, require exposure to traffic and may require outdoor storage
and display of goods. Permitted uses include automotive sales and service,
home improvement centres, large-format home furnishing stores and similar
stores, garden centres and nurseries, restaurants, hotels and similar uses.
The amendment proposes to increase the range of retail floor sizes on the site
and add a financial institution.
7.0 ZONING BY-LAW CONFORMITY
7.1 The portions of the property under consideration are zoned "Holding - Special
Purpose Commercial ((H)C5) Zone", "Special Purpose Commercial (C5) Zone",
"Environmental Protection (EP) Zone", and "Environmental Protection Exception
(EP-2) Zone", which do not permit the proposed uses. In order to permit the
proposed development, a rezoning application was submitted for consideration.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Services and Clarington Emergency Services
Departments have no objections to the applications. Their development issues
related to road improvements on Baseline Road, entrance construction, site
servicing, stormwater management, grading, fire routes, and Ontario Building
Code compliance will be addressed through site plan approval.
8.2 The Durham Regional Planning Department advised that the proposal may be
permitted on the subject lands provided that the policies of the Clarington Official
Plan permit the additional range of uses. The proposed private open space
amenity area is permitted provided that it does not impact the key natural
heritage or hydrological features. This application has been exempted from
Regional approval.
888
REPORT NO.: PSD-077 -08
PAGE 7
8.3 The Durham Regional Public Works Department has no objections to approval of
these applications. The site is serviced by municipal sanitary sewer and water
supply services from Baseline Road. Access to the development from Waverly
Road will be permitted only in the form of a right-in access.
8.4 CLOCA has no objections to the proposal provided that the following issues are
addressed.
· The limits of the environmental protection zoning can be adjusted to reflect
the revised limits of the Regional Storm of the Bowmanville Creek. This limit
will be determined through the cut and fill operation, which has not been
completed to date. Until a survey of the final grading configuration is provided,
CLOCA requests that a Holding "H" symbol be placed on the lands.
· Additional information on area grading as well as the trails and the fitness
stations was sent to CLOCA for review. Confirmation that no additional fill will
be placed in the area was also provided by the applicant. Although CLOCA
would prefer that the property be zoned "EP" and dedicated to the
Municipality, they are satisfied that the proposed private open space amenity
area will not have any detrimental impacts on the natural function of the
valleyland.
8.5 The Ministry of Transportation similarly offers no objections to these applications.
The Ministry's development issues related to stormwater management,
development setbacks, entrance location, illumination, and signage will be
addressed through site plan approval.
9.0 COMMENTS
9.1 Purpose of the Application
9.1.1 Highway Commercial Areas generally consist of larger parcels designed to
accommodate larger format types of commercial uses, which typically included
home improvement stores, motor vehicles sales and service centres, garden
centres, hotels, restaurants, and service stations. Through the Commercial
Policy Review, the range of permitted land uses for Highway Commercial Areas
was broadened to include large-format home furnishing stores and other similar
large format retailers.
9.2 Broadeninq of Retail Formats and Uses
9.2.1 Commercial Policy Review
The subject lands were examined as part of the Commercial Policy Review by
urbanMetrics Inc., the Municipality's retail market consultant. In evaluating retail
development potential for various commercial sites outside of the Bowmanville
West Town Centre, a total of 6,050 m2 (65,000 ft2) was assigned to the subject
lands for retail purposes. This proposal would essentially divide this allocation
into different unit sizes and retail use categories.
889
REPORT NO.: PSD-077 -08
PAGE 8
9.2.2 Medium-Format Retail and Uses
The applicants are seeking a broader range of general retail uses that would
permit medium-sized format tenants in home furnishings, home electronics,
sporting goods, apparel and similar lines of merchandise. Only three buildings
could accommodate the proposed four medium-format retail stores within the
development.
Staff can support a medium retail format with a minimum of 929 m2 (10,000 ft2)
and a maximum of 2,500 m2 (26,900 ft2) for the following reasons.
. Given the existing property fabric, there is very little opportunity for a 929
m2 (10,000 ft2) store to locate in downtown Bowmanville.
. This offers retail tenants some location choices in the Bowmanville
marketplace other than the Bowmanville West Town Centre.
. Permitting medium-format retail uses on the subject lands is appropriate
from an urban form perspective. Many of the permitted highway
commercial uses, including the proposed RONA, are larger format uses by
nature. Broadening the range of medium format uses in this location is
appropriate.
9.2.3 Smaller Retail Format and Uses
The applicants are also seeking a broader range of general retail uses that would
permit up to 6 smaller retail tenants in home accessories, electronics, and
apparel as follows:
. Up to 20,000 ft2 of space for stores between 5,000 ft2 and 10,000 fe.
. Up to 15,000 fe of space for stores between 2,000 ft2 and 5,000 ft2.
Staff can support a smaller retail format for the following reasons:
. Successful commercial developments typically contain on a variety of floor
space sizes to attract a diversified group of retailers. While larger retails
act as the anchors to draw customers, smaller retailers will cluster in the
area, relying on the drawing power of larger chains.
. A maximum of 5 units are possible for the smallest floor plate. This is onl~
15,000 ft. 2 out of the total project of over 200,000 ft2, of which 144,000 ft
is estimated to be retail uses (inclusive of RONA).
. A review of the retail inventory for Downtown Bowmanville indicates that
there are very few existing stores with a floor area over 2,500 ft2 and even
fewer over 5,000 ft2 in size. It is staff's view that with the restrictions on
smaller units in the Bowmanville West Town Centre, the limited number of
smaller retail units in this project should not have a negative impact on the
downtown.
· Staff have had several inquiries from potential smaller tenants on the
subject lands, that will not locate in a downtown environment.
9.3 Financial Institutions
9.3.1 Although the revised Highway Commercial Area policies specifically do not
permit banks, the applicant applied to permit credit union with a drive-through
890
REPORT NO.: PSD-077-08
PAGE 9
facility on the subject lands. The Commercial Policy Review identified financial
institutions as a key anchor for downtown areas and as such has limited the
number of banks in the Bowmanville West Town Centre to two.
9.3.2 Staff have reviewed this matter and are prepared to support a credit union on the
subject lands for the following reasons.
. The policy direction in the Commercial Policy Review towards retaining
banks in downtown Bowmanville was designed to maintain a vibrant range
of existing uses in the downtown area. While financial institutions provide
an important anchor function for downtowns the proposal would not attract
an existing bank out of the downtown.
. The Commercial Policy Review limits new financial institutions to two in
the Bowmanville West Town Centre. There are few other opportunities in
this area for the credit union to locate.
. Drive-through facilities are appropriate in Highway Commercial Areas
since there are no compatibility issues with adjacent land uses. The site
also offers sufficient space for a drive-through facility.
Staff would place a provision in the enabling Zoning By-law that would only
permit a credit union on the subject lands that is not currently represented in
Bowmanville at this time.
9.4 AddressinQ the Bowmanville BIA Concerns
9.4.1 The Bowmanville BIA feels that population growth for the additional floor space
as proposed by the applicant has not been realized. As a clarification, the
a~plicant is not requesting additional floor space beyond the 6,050 m2 (65,000
ft ) that was allocated to the property through the Commercial Policy Review.
From a retail perspective, the applicant has simply requested only floor space
and use flexibility.
The retail market impact study conducted for the Commercial Policy Review was
predicated on a "worst case scenario" of all approved floor space in West
Bowmanville being developed by 2008. Although our retail market analyst
advised that the proposed floor space in West Bowmanville could be
accommodated, the market principle of natural phasing would result in the space
being constructed over a longer period of time.
A wide variety of uses with no retail thresholds are currently permitted as of right.
The Commercial Policy Review assumed a maximum 65,000 fe of retail space on
the site (exclusive of RONA).
9.4.2 Staff have reviewed the Ontario Municipal Board decision for Pythbow
Development Limited as rendered in 1985 on the subject lands. The decision did
not provide any policy guidance, floor space limits, or use provisions, but merely
expanded the zoned limits for highway commercial uses. While the BBIA feels
that the provisions remain relevant today, the retail environment has evolved
during the last 25 years. It should be noted that no Department Store or grocery
store would be permitted.
891
REPORT NO.: PSD-077-08
PAGE 10
9.4.3 While the layoffs at General Motors in Oshawa and higher fuel prices are very
unfortunate and may have some residual impacts on the Municipality, they are
part of the larger economic forces beyond the local scope of land use planning;
however, the goal of the proposal is to create additional opportunity for retail
uses to locate in Clarington, which should benefit our residents since they won't
have to travel further to reach these opportunities and hence reducing their
gasoline consumption.
9.4.4 Staff also met with representatives of the Bowmanville BIA to discuss their
concerns and clarify the intent of the applications. Staff reiterated that the goal of
the approvals was provide more flexibility for the subject lands while still
maintaining sufficient differentiation between Downtown Bowmanville, West
Bowmanville, and this location.
9.5 Revision to the Environmental Protection Limits
9.5.1 An Environmental Impact Study (EIS) was prepared in December 2005 by
Aquafor Beech on behalf of the Municipality and the applicant to determine the
whether redefining the "EP" zoning limits for the Bowmanville Creek floodplain
had any detrimental impacts on the natural environment. The study examined
the impacts of:
. potential for creek contamination and impacts on fisheries by stormwater from
the development;
. impacts of removing the former C.N. Rail spur line elevated rail bed and
bridge over Bowmanville Creek;
. lighting impacts from the development on wildlife habitat and corridor
functions; and,
. changes to flooding characteristics as a result of filling and construction within
the floodplain.
9.5.2 The study concluded that the "EP" limits could be redefined without causing a
negative environmental impact on the natural environment, the Bowmanville
Creek fishery, and the flood storage capacity of the valley. The study concluded
that the new limits of the environmental protection zoning should be placed along
the 83.1 m contour. The new limit of the "C5-14" zone implements this
recommendation and is supported by CLOCA.
9.5.3 The study identified that the following mitigation measures be implemented
through site plan approval of the property:
. a stormwater management report addressing quantity, quality, and any other
concerns identified as a result of stormwater discharge into the receiving
watercourse;
· approval of erosion and sedimentation control plans for construction; and,
· limitations on the outdoor storage of materials and construction of necessary
containment measures.
Staff would advise that study recommendations on stormwater management
relating to the RONA development were implemented through site plan approval
for that development.
892
REPORT NO.: PSD-077-08
PAGE 11
9.5.4 CLOCA has requested that the Holding (H) symbol be placed on the area zoned
for the expanded commercial development area, to ensure that the applicant
prepares a final grading survey for approval by CLOCA.
9.5.5 Although a portion of the RONA parking area has environmental protection
zoning, the recommendations of the Environmental Impact Study as they pertain
to the RONA property are being implemented by rezoning the "EP-2" portion of
the property to "C5".
9.6 Private Open Space Amenitv Area
9.6.1 The Clarington Official Plan requires that all valleyland be dedicated gratuitously
to the Municipality. Through a previous site plan application, the applicant has
already dedicated 4.3 hectares of valleyland associated with these land holdings
to the Municipality; however, the applicant wishes to retain a 1.6 hectare portion
of valleyland as private open space amenity area immediately east of the
commercial area to be used in association with the proposed hotel and fitness
centre. The amenity area is proposed to consist of walking trails and fitness
stations with exercise equipment. The area would also be replanted with trees
and naturalized areas. A copy of the proposed private open space amenity area
is contained in Attachment 2.
9.6.2 Although the Municipality typically does not permit valleyland areas to remain in
private ownership, Staff are prepared to grant an exception on the following
basis.
. The proposed private open space amenity area would only be operated in
conjunction with a hotel and convention facility/banquet hall. The amenity
area would consist of walking trails and fitness stations, which could be
viewed as an accessory use in this instance. Hotel patrons could use the
facility for exercise and relaxation purposes. The amenity area would also
serve an accessory outdoor fitness function to a fitness centre. Finally, a
convention facility or banquet hall could use the area for weddings and
relaxation purpose a well. From this perspective, the amenity area can be
considered an accessory use.
. As an exception to the Municipality's policies, it could be viewed as an
incentive to attract a significant hotel project. It is suggested that the hotel be
a minimum of 100 rooms in size.
. The applicant has satisfied CLOCA that the grades for the area will not be
increased not that the equipment has any negative impact on the natural
environment. Potential spring flooding would not have any negative impact
on the amenity area.
. These gardens, trail system and outdoor fitness facility would be used as an
asset to the open space system.
. There should be a sunset date to attract such a hotel after which the lands
should be transferred to the Municipality. It is recommended that the
proponent be given 6 years.
893
REPORT NO.: PSD-077-08
PAGE 12
10.0 CONCLUSIONS
10.1 In consideration of the comments received from circulated agencies and review
of the proposal, subject to appropriate arrangements with respect to the private
open space, it is recommended that the application to amend the Clarington
Official Plan and Zoning By-law 84-63, as amended, be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Private Open Space Amenity Area
Attachment 3 - Amendment 54 to the Clarington Official Plan and By-law
Attachment 4 - Zoning By-law Amendment
Interested parties to be notified of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Sam Cohen, Torgan Group
Joe Cavallo, Shell Canada Products Limited
Robert Hann, Halloway Holdings Limited
Robert DeGasperis, Metrus Properties Inc.
Catherine Spears, Catherine Spears & Associates Inc.
Edgar Lucas, Bowmanville Business Improvement Area
894
Attachment 1
To Report PSD-077-08
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To Report PSD-077-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2008-_
being a By-Law to adopt Amendment No. 54 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit a greater variety of retail
uses and size formats, one financial institution, redefined limits to the environmental
protection areas, and a private open space amenity area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 54 to the Clarington Official Plan, being the attached
Explanatory Text, is hereby adopted;
2. This By-Law shall come into force and take effect on the date of the passing hereof.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
897
AMENDMENT NO. 54
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
The purpose of this amendment is to permit a greater range of retail
formats within a proposed Highway Commercial development. The
additional uses would consist of medium format retail stores with a
minimum gross floor area of 929 m2, small retail stores with a
minimum gross floor area of 465 m2, small retail stores with a
minimum gross floor area of 232 m2, one financial institution, and
private open space amenity area.
The application is based on an Official Plan Amendment application
(COPA 2005-0010) submitted by Bowmanville Creek
Developments Inc.
The Municipality of Clarington Official Plan is hereby amended
as follows:
1. By including an exception to Section 23.14 to create Section
23.14.9 as follows:
"23.14.9 Notwithstanding Section 10.8.1, in addition to
permitted Highway Commercial uses, the following shall be
permitted on the lands located east of Waverly Road, south
of Baseline Road legally described as Part of Lots 12 and
13, Broken Front Concession, Former Town of Bowmanville:
a) general retail uses for the property are limited to:
i) a maximum of 3,700m2 of gross floor space for
medium format retail uses with a floor space
between 929 m2 and a maximum gross floor area
of 2,500 m2 per unit;
ii) a maximum of 1,900 m2 of gross floor space for
stores with a gross floor area between 465 m2 and
929 m2 per unit;
iii) a maximum of 1,400 m2 of gross floor space for
stores with a gross floor area between 232 m2 and
465 m2 per unit;
b) one credit union not present in the Bowmanville
Urban Area prior to July 14, 2008; and
c) private open space amenity area for use in
conjunction with a hotel containing at least 100 rooms
constructed prior to December 31, 2014".
2. By amending Map A3 as indicated on Exhibit "A" attached to
this amendment.
898
IMPLEMENTATION: The provIsions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall apply in
regard to this amendment.
899
Attachment 4
To Report PSD-077-08
THE CORPORATION OF THE MUNICIPALllY OF CLARINGTON
BY-LAW NO. 2008-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with applications COPA 2005-0010 and ZBA 2005-0058 to
, permit a greater variety of retail uses and size formats, one financial institution,
redefined limits to the environmental protection areas, and a private open space
amenity area;
AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
whereby it would not come into effect until such time as Official Plan Amendment No. 54
is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.14 as
follows:
"20.4.14
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-14) ZONE
Notwithstanding Section 20.1, those lands zoned C5-14 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses:
a) Definitions
Credit Union shall mean a corporation incorporated as a credit union or
caisse populaire under the Credit Unions and Caisee Populaires Act.
Clothing shall mean a building or part of a building which is used for the
retail sale of clothing, apparel, and/or related fashion accessories.
Drive-Through Facility shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or services,
either wholly or in part, through a window or an automated machine, to
customers remaining in motor vehicles which are' located in a stacking
lane. A drive-through facility may be established in combination with other
permitted non-residential uses.
Furniture and Home Furnishings shall mean a building or part of a
building which is used for the retail sale of furniture, home furnishings, and
accessories.
Home Electronics shall mean a building or part of a building which is used
for the retail sale of household electronics.
Major Appliances shall mean a building or part of a building which is used
for the retail sale of major household appliances.
899001
Medium Format Retail Store shall mean a building or part of a building
having a minimum total floor area of 929 m2 and a maximum floor area of
2,500 m2, in which goods, wares, merchandise or related services are
offered or kept for sale at retail or on a rental basis.
Office Furniture and Supplies shall mean a building or part of a building
which is used for the retail sale of office furniture, office electronics, and
office supplies.
Pets and Pet Supplies shall mean a building or part of a building which is
used for the retail sale of pets and pet supplies.
Sporting Goods shall mean a building or part of a building which is used for
the retail sale of sporting goods and related clothing and apparel.
Stacking Lane shall mean a queuing lane for motor vehicles which is
located on the same lot as the drive-through facility and which is
separated from other motor vehicle traffic on the same lot by barriers or
curbs.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i) an eating establishment;
ii) an eating establishment - take-out;
iii) an eating establishment with a drive-through facility;
iv) a credit union not represented in the Bowmanville Urban Area prior to
July 14,2008;
v) a garden or nursery sales establishment;
vi) a hotel, motel, or motor hotel containing a minimum of 100 rooms;
vii) a medium format store containing a furniture and home furnishings,
major appliances, motor vehicle equipment and supply
establishments, office furniture and supplies, home electronics,
clothing, pets and pet supplies, or sporting goods;
viii) a retail commercial establishment;
ix) a place of entertainment;
x) a private club;
xi) a tavern; and
xii) a veterinarian.
d. Regulations for Non-Residential Uses
i)
A combined maximum of 6,050 m2 of total floor area shall be
permitted for non-residential uses contained in Section 20.4.14 (c) vii
and in Section 20.4.14 (c) viii.
A maximum total floor area of 3,716 m2 is permitted for medium
format stores.
For retail commercial establishments a maximum total floor area of
1,858 m2 is permitted for stores containing between a minimum
gross floor area of 465 m2 and a maximum gross floor area of 929
m2 per unit,.
For retail commercial establishments a maximum of 1,400 m2 is
permitted for stores containing a minimum gross floor area of 232
m2 and a maximum gross floor area of 465 m2 per unit.
With the exception of food sold in an eating establishment, the sale of
food and supermarket items are not permitted within non-residential
uses contained in Section 20.4.14 (c) viii.
Notwithstanding Section 19.3 (t), where a building has a total floor
area less than 500 m2 or abuts an EP zone, the exterior side yard
setback of such a building shall be a minimum of 5 metres.
ii)
iii)
iv)
v)
vi)
899002
e. Regulations for Drive-Through Facilities
Where a drive-through facility is permitted, the following requirements
shall apply:
i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with the
use of any parking space required to be provided on the lot on
which the drive-through facility is located.
Hi) No portion of the stacking lane shall be located between a building
and a street line.
,iv) Notwithstanding Section 20.4.14 (e) (i), the minimum length for a
stacking lane for a drive-through facility associated with a credit
union is 24 metres."
2. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP)
ZONE" is hereby amended by introducing a new Sub-Section 5.2.16 as follows:
"5.2.16
ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE
Notwithstanding Section 5.1, those lands zoned EP-16 on the Schedules to this By-
law shall only be developed and used for a private landscaped open space amenity
area containing walking trails, gardens and outdoor fitness equipment in
association with a hotel containing a minimum of 100 rooms to be constructed prior
to December 31,2014. No playing fields, buildings, or structures are permitted."
3. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial
Exception (C5-14) Zone";
"Special Purpose Commercial (C5) Zone" to "Environmental Protection (EP) Zone";
"Holding - Special Purpose Commercial ((H)C5) Zone" to "Special Purpose
Commercial Exception (C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
(C5) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
"Environmental Protection (EP) Zone" to "Special Purpose Commercial Exception
(C5-14) Zone"
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
Exception (C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Environmental Protection
(EP) Zone" ; and
899003
"Environmental Protection (EP) Zone" to "Holding - Environmental Protection
Exception ((H)EP-16) Zone"
as shown on the attached Schedule "A" hereto.
4. Schedule "An attached hereto shall form part of this By-Law.
5. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 24, 34 and 36 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Clerk
899004
This is Schedule.. A" to By-law 2008-
passed this day of , 2008 A.D.
,
g
t
BASELINE ROAD WEST
......
HIGHVlA Y 401
J
~ Zoning to Remain"EP"
~ Zoning Change From IEP_2" To "EP"
~-=-:-:-::1 Zoning Change From "C5" To "EP"
ULJ Zoning Change From "EP" To I(H)EP-16"
~ Zoning Change From IEP_2" To IC5"
h:?(?::::::::!;:I Zoning Change From "EP-2" To" C5-14"
~ Zoning Change From "EP" To "(H)C5-14"
~ Zoning Change From "C5" To "C5-14"
~ Zoning Change From "(H)C5" To "C5-14"
Jim Abernethy, Mayor
BOWMANVILLE
Patti L. Barrie, Municipal clerk89 005
Cl~J!J!lgtDn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7,2008
Report #: PSD-078-08
File #: ZBA2008-0007 and
ZBA 2008-0018
By-law #:
APPLICATIONS FOR REMOVAL OF HOLDING
APPLICANTS: 2117412 ONTARIO LIMITED and POINTE OF VIEW
DEVELOPMENTS (STONECREEK POINTE) INC.
RECOMMENDA TIONS:
Subject:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-078-08 be received;
2. THAT the application submitted by 2117412 Ontario Limited to remove the Holding (H)
symbol be APPROVED;
3. THAT the application submitted by Pointe of View Developments (Stonecreek Pointe)
Inc. to remove the Holding (H) symbol be APPROVED;
4. THAT the By-laws contained in Attachments 3 and 4 to remove the Holding (H) symbol
be passed and a copy forwarded to the Regional Municipality of Durham; and
5. THAT all interested parties listed in this report, any delegations, the Regional Municipality
of Durham Planning Department and Municipal Property Assessment Corporation be
advised of Council's decision.
Submitted by:
Davi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
c) ~..s D4
Franklin Wu
Chief Administrative Officer
RH/SA/COS/CP/df
June 26, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830
899006
REPORT NO.: PSD-078-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 2117412 Ontario Limited and Pointe of View Developments
(Stonecreek Pointe) Inc.
1.2 Location: 1465 and 1475 Durham Highway 2, Courtice, Part Lot 34,
Concession 2, former Township of Darlington (Attachments 1 and 2)
1.3 Rezoning: Removal of Holding (H) symbol
2.0 BACKGROUND
2.1 On April 30th, 2008, staff received a requestfrom 2117412 Ontario Limited for the
removal of the "Holding (H)" symbol for the lands located at 1465 Durham
Highway 2. The removal of the holding symbol would permit the development of
a retail commercial development with 3,353 m2 of retail and office floorspace on
the subject lands (Attachment 1).
2.2 On June 20th, 2008, staff received a request from Pointe of View Developments
(Stonecreek Pointe) Inc. for the removal of the Holding (H) symbol from the lands
located at 1475 Durham Highway 2. The removal of holding application is for a
portion of the lands to be used for a sales trailer for the development of the
subject lands. The applicant is nearing completion of the site plan approval
process for their sales trailer for the subject lands, thus this application is being
brought forward (Attachment 2).
2.3 Through the review process, the Region of Durham Public Works Department
requires that both developments share a common access to Durham Highway 2.
While Pointe of View Developments does not require the common access for its
sales trailer, it will be required for development of the proposed high density
residential uses on the property. To facilitate the construction of the common
access by 2117412 Ontario Limited for the commercial proposal, both applicants
have also requested that the Holding symbol be removed in the area of the
common access.
3.0 COMMENTS
3.1 2117412 Ontario Limited Application
3.1.1 This application consists of a 3,353 m2 retail commercial development. The main
building at the south contains ground floor retail space and second storey office
space. The two buildings located along Durham Highway 2 are anticipated to be
used for a restaurant and bank. The buildings incorporate a high level of urban
design in terms of building massing at the rear of the property and along Durham
Highway 2, articulation, glazing, and use of high quality building materials.
899007
REPORT NO.: PSD-078-08
PAGE 3
3.1.2 Since the site planning process is nearly complete for this proposal, the removal
of holding application is being brought forward at this time. Staff anticipates that
the approvals will be concluded shortly and that the site plan agreement will be
completed during the summer of 2008. As Council will have recessed at this
time, staff are recommending the Holding symbol be removed at this time to
facilitate development at the site during the summer of 2008.
3.2 Pointe of View Developments (Stonecreek Developments) Inc. Application
3.2.1 The removal of holding application is being brought forward at this time, as the
site plan process for the sales trailer is nearing completion. The applicant wishes
to have the sales trailer installed as soon as possible to facilitate the marketing
and sales of future residential units. Staff anticipates that the site plan
agreement will be completed during the summer of 2008. As Council will have
recessed at this time, staff are recommending the Holding symbol be removed at
this time to facilitate development at the site during the summer of 2008.
3.2.2 A second site plan application for the site is currently under review to implement
the existing zoning on the property. The applicant is proposing to construct three
(3) low-rise apartment buildings containing 194 apartment units, with a private
outdoor amenity area. An Environmental Impact Study was conducted on the
property to further delineate the Environmental Protection (EP) lands. This study
is now being finalized by the Municipal consultant as the Municipality, Central
Lake Ontario Conservation and the applicant have agreed upon the development
limit. Site plan approval for the sales trailer will not be provided until the
Municipality is satisfied with the development concept for the proposed
residential project. The holding symbol on the majority of the property will not be
removed to ensure that all future conditions of site plan approval are met prior to
construction.
3.3 Common Entrance
3.3.1 A review of traffic studies for both projects revealed that anticipated traffic
volumes would cause access and egress problems on Durham Highway 2.
Consequently, the Region of Durham Public Works Department requires that
both developments share a common entrance onto Durham Highway 2. While
Pointe of View Developments does not require the common access for its sales
trailer, it will be required for development of high density residential uses on the
property. To facilitate the construction of the common access by 2117412
Ontario Limited for the commercial proposal, both applicants have requested that
the Holding symbol be removed in the area of the common access.
3.4 Policies within the Municipality of Clarington'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;
· Submission of technical studies;
899008
REPORT NO.: PSD-078-08
PAGE 4
· Measures to mitigate the impact of development;
· 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.
The approval of a by-law to remove the holding symbol from the lands is
appropriate at this time, as the provisions within the Municipality's Official Plan
have been satisfied.
3.5 Building permits will not be issued for either site until site plan agreements have
been entered into and all required letters of credit for performance guarantees
and development charges have been received by the Municipality of Clarington.
3.6 The Finance Department has indicated that all taxes have been paid for the subject
lands.
4.0 RECOMMENDATION
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
(Attachments 3 and 4) is recommended. Staff would note that the by-law
contained in Attachment 3 is for 2117412 Ontario Limited while the by-law
contained in Attachment 4 is for Pointe of View Developments (Stonecreek
Pointe) Inc.
Attachments:
Attachment 1 - Key Map (2117412 Ontario Limited)
Attachment 2 - Key Map (Pointe of View Developments (Stonecreek Pointe) Inc.)
Attachment 3 - By-law for Removal of Holding (2117412 Ontario Limited)
Attachment 4 - By-law for Removal of Holding (Pointe of View Developments
(Stonecreek Pointe) Inc.)
Interested parties to be notified of Council and Committee's decision:
2117412 Ontario Limited
Evans Planning
Pointe of View Developments (Stonecreek Pointe) Inc.
Goldberg Group
899009
To R Attachment 1
eport PSD-078-08
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899011
Attachment 3
To Report PSD-78-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement ZBA 2008-0007 and SPA 2007-0002;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Holding - General Commercial Exception ((H)C1-39) Zone" to "General
Commercial Exception (C1-39) Zone"
"Holding - Urban Residential Exception ((H)R4-7) Zone" to "Urban Residential
Exception (R4-7) Zone"
as illustrated on the attached Schedule "A" hereto.
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 Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
899012
This is Schedule "A" to By-law 2008-
passed this day of , 2008 A.D.
,
--
--
4
qS
Zoning Change From 1(H)C1-39" To lC1_39"
~ Zoning Change From 1(H)R4-7" To lR4_7"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
Courtice
99013
Attachment 4
To Report PSD-78-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
Being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the
Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement SPA 2007-0049;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
.1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Holding - Urban Residential Exception ((H)R4-7) Zone" to "Urban Residential
Exception (R4-7) Zone"
as illustrated on the attached Schedule "A" hereto.
2. Schedule "A" attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this day of
2008
BY-LAW read a second time this day of
2008
BY-LAW read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Pattie L. Barrie, Municipal Clerk
899014
This is Schedule "A" to By-law 2008-
passed this day of !I 2008 A.D.
,
,,-
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Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
--./~ I II
99015
~~willgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, July 7, 2008
Report #: PSD-079-08
File No's: PLN 34.10.3
By-law #:
SUBJECT: ONTARIO HERITAGE TRUST
HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-079-08 be received;
2. THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the
Municipality of Clarington nominates William Calver for recognition under the Heritage
Community Recognition Program for his significant contribution to the preservation of
the cultural heritage of the Municipality of Clarington; and
3. THAT William Calver, the Clarington Heritage Committee, and the Ontario Heritage
Trust be advised of Council's decision.
Submitted by:
Da Id J. Creme, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
a~~
Franklin Wu,
Chief Administrative Officer
IL*FL*sh
24 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
899016
REPORT NO.: PSD-079-08
PAGE 2
1.0 BACKGROUND
1.1 The Ontario Heritage Trust's annual Heritage Community Recognition Program
enables Council to recognize individuals and small project groups who have made
significant contributions to heritage preservation in Clarington. The criteria for
nominations states that eligibility applies to any resident who has made outstanding
volunteer contributions in their local community in the area of built, cultural, or natural
heritage preservation. Small project groups may also be considered for nomination
where the effort is shared, such as the co-authors of a local history publication.
1.2 The types of activity that qualify are defined below:
1.2.1 Built Heritage:
. leadership in the restoration and preservation of heritage structures
. long-standing voluntary service as a member of a heritage committee
. significant fund raising to support the restoration of a historic structure
1.2.2 Cultural Heritage:
. long-standing volunteer service to a historical society, museum, or historic site
. research or writing related to local history
. voluntary teaching of local history or traditions
. personal collections of local artifacts, heritage photographs or memorabilia that
are shared with the community
1.2.3 Natural Heritage:
. significant volunteer work at a conservation authority or area
. outstanding contributions as a volunteer board member of a local natural
heritage organization
. demonstrated leadership in the protection of natural heritage
. significant natural heritage conservation activities by private landowners
1.2.4 Lifetime Achievement
. an individual who, for 20 to 24 years, has made exceptional contributions to
built, cultural and/or natural heritage conservation
1.2.5 Lieutenant Governor's Ontario Heritage Award
. an individual who, for 25 years or more, has made exceptional contributions to
built, cultural and/or natural heritage conservation
899017
REPORT NO.: PSD-079-08
PAGE 3
2.0 RECOMMENDED NOMINATIONS
2.1 A request for nominations was presented to the Clarington Heritage Committee at
their meeting of April 15th, 2008. The Committee reviewed the criteria for selection
and on May 20th passed a motion to recommend that William Calver be nominated as
the recipient in the cultural heritage category. Mr. Calver was recommended to the
committee by the President and Curator of the Newcastle Village and District
Historical Society. No nominations were submitted to or by the Committee in the
remaining categories.
2.2 An advertisement for nominations was placed in the Clarington This Week and the
Orono Weekly Times on June 4th, 2008. No further submissions have been received
as of the writing of this report.
2.3 All nominations are to be endorsed by Council. Attached are the supporting reasons
for Mr. Calver's nomination which are to be to be attached to the nomination form and
endorsed by the Mayor. The Ontario Heritage Trust has confirmed that they are
accepting nominations until July 31st, 2008.
3.0 CONCLUSION
3.1 Staff are in support of the Clarington Heritage Committee's selection of William Calver
as the 2008 recipient of the Heritage Community Recognition Program award in the
cultural heritage category and recommend that Council nominate Mr. Calver for his
efforts in conserving the Municipality's cultural heritage.
Attachments:
Attachment 1 - Description of Activities/Achievements of Mr. William Calver
Interested parties
William Calver
Paul Allore
Philip Carlton
Karina Isert
Jennifer Knox
Andrew Kozak
Susan Schappert, Community Programs Officer
Ontario Heritage Trust
Karin Murphy
David Reesor
James Rook
Victor Suppan
Leslie Wilson
Duane Cook
899018
Attachment NO.1
To Report PSD-079-08
DESCRIPTION OF ACTIVITIES/ACHIEVEMENTS OF
WILLIAM FRANK CALVER
Mr. William Calver has made a significant contribution to the preservation of the cultural
heritage of Clarington in regards to military history. Mr. Calver has researched the
background and theatre of action of Clarington residents who were killed overseas during
WW 1, WW 2 and the Korean War. His research was published over the course of
eighteen months in the Orono Weekly Times on the closest date to the anniversary of the
death of each individual. His devotion to honouring the fallen veterans was evident as he
never missed a press deadline.
The extend of his research abilities became clear when the Newcastle Village and District
Historical Society engaged Mr. Calver to research a WW2 Newcastle Village veteran. He
provided a photograph of the veteran, the exact location, complete with a map, of where
the veteran was shot down, a photograph of the plane, the name of the mission the veteran
was on, and the name and history of the German pilot responsible for the shooting.
Mr. Calver was instrumental in the erection of the Colville clock tower in Bowmanville's
Rotary Park, which is a memorial to three Colville brothers from Bowmanville all of whom
lost their lives in the Royal Canadian Air Force during WW2. He also assisted with the
organization of the clock tower's dedication service. The Bowmanville Legion houses glass
cabinets that were constructed and installed by Mr. Calver for their museum of local military
history. He was instrumental in organizing many of the services held in 2006 during the
"Year of the Veteran" as well as the Vimy Ridge memorial held in Bowmanville in 2007.
Mr. William Calver, who was and is still a pilot, has worked diligently over the years to keep
the names, faces, and feats of those who gave their lives fresh within the memory of the
remaining veterans. His efforts to educate Clarington residents on the sacrifices made by
our veterans will serve to preserve their remembrance, lest we forget.
899019
CJ!J!ilJgtlJn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISlRA TION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-080-08
File #: PLN 34.5.2.32
By-law #:
Subject:
HERITAGE DESIGNATION BY-LAW AMENDMENT
19 KING STREET EAST, BOWMANVILLE
RECOMMENDA liONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-080-08 be received;
2. THAT the Clerk be authorized to prepare the required Notice of Intention to amend the
heritage designation to delete the existing panelled door of 19 King Street East,
Bowmanville from the designated features contained in By-law 90-185, and report back to
Council following the prescribed notification period; and
3. THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property owner
and the interested parties listed in this report be advised of Council's decision.
Submitted by:
David. . Crome, M.C.I.P., RP.P.
Director of Planning Services
Reviewed by:
o~--.: ~
Franklin Wu,
Chief Administrative Officer
IUFUdf
26 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
899020
REPORT NO.: PSD-080-08
PAGE 2
1.0 BACKGROUND
1.1 On November 1ih, 1990 Council approved the heritage designation of the property
identified as 19 King Street East in Bowmanville under Part IV of the Ontario Heritage Act.
The property is located in Bowmansville's heritage downtown core (Attachment 1).
Heritage designation By-law 90-185, which is included as Attachment 1, specifically lists
the architectural features of the building that support the reasons for designation. One of
these features is the exterior panelled door on the west end of the building.
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This property is owned by Bowmanville Masonic Holdings. On March 18th, 2008 Mr. Bill
Paterson gave a presentation to the Clarington Heritage Committee of behalf of the
property owner in regards to a proposed alteration to the exterior of the building. Mr.
Paterson stated that the original panelled door, which is the main entrance to the Masonic
Lodge, had been damaged since it was first installed when the building was built in
approximately 1880. There is a split in the lower left panel and the door and frame are no
longer square.
A restoration artisan had been contacted and has provided an estimate on restoring the
door. A second estimate was obtained from a specialist door company who could
replicate the door using 2 inch thick pine with rosettes and raised scalloped corners. The
transom and arch work above the door is to remain untouched_ Mr. Paterson indicated
that the Masonic membership was requesting approval to replace the entrance to the
lodge with a replica door versus restoring the original door. The justification for their
request included their concern that if they had the original door restored they would be
without a main entrance to the lodge from King Street for several weeks and, their elderly
members would be forced to enter the lodge from a rear entrance to the building, which is
difficult to find and manoeuvre. Mr. Paterson indicated that the original door is proposed
to be preserved and either displayed in the lodge building or donated as an architectural
artefact.
899021
REPORT NO.: PSD-080-08
PAGE 3
The Clarington Heritage Committee passed the following motion:
Motion to allow the replacement of the existing panelled door on the west
side of 19 King Street East with a replica with the same visual attributes
while maintaining the door's present dimensional properties and door
surround including the overhead transom, and to hold in trust or donate the
existing door for preservation
2.0 Ontario Heritage Act Regulations
2.1 The Ontario Heritage Act empowers a municipality to pass a by-law designating a
structure to be of historic and/or architectural value or interest. Section 30 of the Act
stipulates that the owner of a structure so designated cannot alter the structure where
such alteration is likely to affect the reasons for designation without the written consent of
Council. Council is required to consider any application for alteration of a designated
property in consultation with its heritage committee. The Clarington Heritage Committee
has reviewed the request for alteration and is in support of the property owners'
application.
As the original door is specifically listed in the reasons for designation, Heritage
designation By-law 90-185 must be amended to remove the reference to this architectural
feature. Section 29 of the Act states that the Clerk of the municipality is to serve Notice of
the Intention to amend the designation by-law on the property owner and the Ontario
Heritage Trust, and the Notice is to be published in a local newspaper. The Notice will
provide for a 30 day appeal period whereby any objectors can submit a statement of
objection to the Clerk.
If there is no objection to the proposed amendment then the Clerk will report back to
Council with a recommendation to approve the amending By-law. Any objections to the
proposed alteration will be referred to the Conservation Review Board for a hearing.
3.0 CONCLUSIONS
3.1 It is recommended that the Clerk prepare, send, and publish the required Notice of
Intention to amend heritage designation By-law 90-185, pursuant to Section 29 of the
Ontario Heritage Act, and report back to Council following the prescribed notification
period.
Attachments:
Attachment 1 - Property Location
Attachment 2 - Heritage Designation By-law 90-185
899022
REPORT NO.: PSD-080-08
PAGE 4
Interested parties to be notified of Council's and Committee's decision:
Clarington Heritage Committee members
Bill Paterson
Dr. Keith Billett
Ontario Heritage Trust
Bowmanville Masonic Holdings
Bert Duclos, Heritage Advisor, Ministry of Culture
899023
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Attachment 2
To Report PSD-080-08
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90-185
being a by-law to designate the property municipally
known as "19 King Street East, Bowmanville", located
in Block T, Part Lot 13, Bowmanville, now in the Town
of Newcastle, Regional Municipality of Durham, as a
property of architectural and historical value and
interest which property is more particularly described
in Schedule A attached.
WHEREAS the Ontario Heritage Act, 1974 authorizes the Council of
a municipality to enact by-laws to designate real property
including all the buildings and structures thereon to be of
architectural and historical interest; and
WHEREAS the Council of the Corporation of the Town of Newcastle
has caused to be served upon the owner of the lands and premises
known as "19 King Street East, Bowmanville", located in Block T,
Part Lot 13, Bowmanville, now in the Town of Newcastle and upon
the Ontario Heritage Foundation, Notice of Intention to Designate
the aforesaid real property and has caused such notice of
intention to be published in the Canadian Statesman, a newspaper
having a general circulation in the area of the designation, once
each week for three consecutive weeks, namely September 26,
October 3 and October 10, 1990; and
WHEREAS "19 King Street East, Bowmanville", in Block T, Part Lot
13, Bowmanville, now in the Town of Newcastle, Regional
Municipality of Durham has a very significant architectural value
of interest to the Town of Newcastle and its people in that the
bUilding, which is part of the Bleakley Block, was built C. 1880,
and is especially important to the overall 19th century character
of King Street. Its many features which are being specifically
designated include the mansard roof which is unique among the
buildings of King Street, the original brick work, executed in
the running bond pattern, remains intact; the original fretwork
cornice remains intact; the second storey windows are slightly
arched and the general simplicity of the second storey provided
the perfect contrast to the dormers which were once found in the
mansard and to the decorative fretwork below; concealed beneath
the present business sign on the ground floor are the original
glass panels which feature copper cames and bevelled glass
medaliionsi the beautifully panelled door on the west side is
surmounted by a transom composed of a pair of Gothic arches; and
the impressive tin ceiling which remains in the store on the
ground floor; and
WHEREAS the Local Architectural Conservation Advisory Committee
of the Town of Newcastle has recommended that the property "19
King Street East, Block T, Part of Lot 13, Bowmanville, now in
the Town of Newcastle, Regional Municipality of Durham, be
designated under the terms of the Ontario Heritage Act; and
WHEREAS no notice of objection to the proposed designation has
been served upon the Clerk of the Municipality;
899025
SCHEDULE A
ALL AND SINGULAR that certain parcel or tract of land and
premises situate lying and being in the Town of Newcastle, in the
Regional Municipality of Durham (formerly in the Town of
Bowrnanville, in the County of Durham) and Province of Ontario,
being composed of part of Lot 13, in Block "T" on the south side
of King Street according to a plan of the Village of Bowrnanville
made by John Grant, Provincial Land Surveyor and registered on
the 20th day of April, 1852, which plan is in the Registry Office
for the Registry Division of Newcastle (No. 10) (formerly the
Registry Division of the West Riding of the County of Durham).
899026
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1. There is designated as being of Architectural and Historical
value of interest, the real property known municipally as
"19 King Street East, Bowmanville", Block T, Part Lot 13,
Bowmanville, now in the Town of Newcastle, Regional
Municipality of Durham.
2. The Municipal Solicitor is hereby authorized to cause a
copy of this by-law to be registered against the property
described in the preceeding paragraph.
3. The Town Clerk is hereby authorized to cause a copy of
this by-law to be served upon the owners of the aforesaid
property and on the Ontario Heritage Foundation, and to
cause notice of the passing of this by-law to be published
in the Canadian Statesman, a newpaper having general
circulatin in the area of the designation, once each week
for three consecutive weeks.
By-law read a first and second time this 12th day of November
1990.
By-law read a third time and finally passed this 12th day of
November 1990.
899027
Cl!J!illgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-081-08
File #: SC 2007-0001 and
ZBA 2007-0002
By-law #:
Subject:
STEPHENSON PROPOSED PLAN OF SUBDIVISION
APPLICANT: PATRICIA STEPHENSON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-081-08 be received;
2. THAT the application for Draft Approval of the proposed Plan of Subdivision submitted by
Patricia Stephenson be APPROVED as contained in Attachment 2, subject to the Conditions of
Draft Approval, contained in Attachment 3;
3. THAT the application for Zoning By-law Amendment, submitted by Patricia Stephenson be
APPROVED as contained in Attachment 4;
4. THAT the Mayor and Clerk be authorized by By-law to enter into an Agreement with the Owners
and the By-law be forwarded to Council at such time the Owners are prepared to proceed with
this development;
5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department and the Municipal Property Assessment Corporation; and
6. THAT all interested parties listed in this Report and any delegations be advised of Council's
decision.
Submitted by:
Davi J. ome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed bYO ~ <A.JL
Franklin Wu
Chief Administrative Officer
BR*CP*sn*df
27 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
899028
REPORT NO.: PSD-081-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner: Patricia J. Stephenson
1.2 Subdivision Application: To permit 28 detached lots
1.3 Rezoning Application: To implement the proposed plan of subdivision
1.4 Area: 1.84 hectares (4.55 acres)
1.5 Location: The lands front on the west side of Rudell Road between
Given Road and Highway 35/115 in Newcastle Village
2.0 BACKGROUND
2.1 On December 21, 2006, Patricia J. Stephenson submitted applications for draft approval
of a proposed Plan of Subdivision and Zoning By-law Amendment. The application
originally proposed a total of 30 lots for single detached dwellings, the majority having a
minimum 15 metre frontage, some having a 12 metre frontage. The 1.84 ha land area
subject to the applications is part of a larger 21.8 ha parcel owned by the applicant.
2.2 The 1.84 ha of the applicant's land holdings are the portion of the applicant's total land
holdings which front on Rudell Road. These lands are within the Foster East
Neighbourhood Design Plan (NDP), approved by Council on October 16, 2006. The
applications conform to the Neighbourhood Design Plan.
2.3 During the processing of these applications, the Ministry of Transportation of Ontario
offered comments on the proposal's noise impact study. The Ministry's comments
differed from comments made on the Neighbourhood Design Plan (NDP) for the Foster
Neighbourhood and Plan of Subdivision 18T-89059 on the east side of Rudell Road.
Comments and conditions on the Stephenson Proposed Plan of Subdivision by MTO
required widenings and setbacks that would not allow the original street alignment as
approved in the Foster East NDP to be maintained. As a consequence, lengthy
discussions with the Ministry were held by staff to understand the Ministry's position and
come to a resolution. This situation is discussed in greater detail in Section 9 - Staff
Comments.
2.4 During the processing of the related severance application, the surveyors determined
the northerly portion of Rudell Road has been closed but not conveyed. The
Municipality's solicitor has confirmed that it can be re-opened by by-law. The proposed
Conditions of Draft Approval include a requirement.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The land is flat agricultural land.
899029
REPORT NO.: PSD-081-08
PAGE 3
3.2 The surrounding uses are as follows:
North -
South -
East -
West -
Highway 35/115
a single detached dwelling and beyond, Given Road
Rudell Road and beyond, Draft Approved Foster North Subdivision
flat agricultural land
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The subdivision is a small portion of the Foster Neighbourhood which provides for the
development of over 700 units with a range of lot sizes and densities. This subdivision is
consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan encourages the development of "Greenfield" areas as complete
communities, that support walking, cycling and the early integration of transit, a diverse
mix of land uses and high quality public open spaces. The designated Greenfield areas
are to achieve an overall minimum density target of 50 residents and jobs per hectare.
These lands are part of a larger neighbourhood that provides for a mix of residential
uses as well as land for park and school use. The proposal conforms to the Growth
Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area in the
Newcastle Village Urban Area which permits the development of communities with
defined boundaries. The applications conform.
5.2. Clarinqton Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential Area.
The Foster Neighbourhood which has a Neighbourhood Design Plan that incorporates
the subject lands. The applications conform.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84..63 zones the subject lands "Agricultural Exception (A-1)". The A-1
zone does not permit urban residential uses, hence the rezoning application.
7.0 PUBLIC SUBMISSIONS
7.1 As a result of the public notification process, the Planning Services Department
received one e-mail comment from a neighbouring household to the west. The e-mail
noted their property has always had a generous clean supply of water and they had
concerns that developments east of Rudell Road could disrupt their water supply which
899030
REPORT NO.: PSD-081-08
PAGE 4
is vital to the household and their livestock. A standard condition of draft approval
requires the Owner to provide water to anyone where well interference is proven.
8.0 AGENCY COMMENTS
8.1 The plan of subdivision and rezoning applications were circulated to various agencies
and other departments. Durham Regional Transit, Clarington Building Division, the
Separate School Board and Rogers Cable all had no concerns. Other comments
received are below.
8.2 Clarington Heritage Committee requested that the same respect to Newcastle's
architectural heritage over the last 100 years, be considered in the approval of this
subdivision as was considered in the Foster North subdivision to the east. The
Conditions of Draft Approval will require the architectural control be consistent with the
character of Newcastle Village.
8.3 Ganaraska Region Conservation Authority did a preliminary review of the plan of
subdivision stating the site was not in the Authority's regulated area nor affected by
natural hazards or natural heritage features and on that basis had no objections in
principle.
8.4 Bell and Enbridge each offered two standard conditions of draft approval which are
included in Attachment 3.
8.5 Regional Planning noted the Living Area designation for the site and the subdivision's
conformity to the policies for both this designation and the Regional Plan as a whole.
Sanitary sewer is available by extension of the sewer on Rudell Road to the northern
limits of the subdivision plan. Municipal water is not currently available to the northern
portion of the site but when the Arthur Street Reservoir is replaced, forecasted for 2010,
it will be available. The northern portion of the Foster North (18T-89059) subdivision
east of Rudell Road is also pending construction of a new reservoir. A watermain along
Rudell Road will be required to service the site and adjacent development and
landowner/developer coordination would appear appropriate. Given the proximity to
Highway 35/115 a noise impact study is required as are comments from the Ministry of
Transportation. The noise report has been prepared and submitted. Should the
proposed plan of subdivision be further revised or amended and alter the results of the
noise report, a revised report will be required for review and approval by this
department. The Region has no objection to draft approval of the subdivision. Seven
(7) conditions of draft approval were given and they are within Attachment 3.
8.6 The Public School Board has no objections but requests sidewalks along Rudell Road.
8.7 Clarington Engineering Services had a number of comments, the key ones being:
· Development of the subject plan of subdivision is premature until such time as
Rudell Road has been reconstructed to a full urban standard including curbs,
gutters, storm sewers, sidewalks and street illumination;
· A 1.5 metre Rudell Road widening is to be dedicated to Clarington between the
south limit of the subdivision and Grady Drive;
· Block 29, the future development block, must be pre-serviced for all future
899031
REPORT NO.: PSD-081-08
PAGE 5
development and there must be pre-servicing for future Street A and future Street
B;
· The Owner must submit a plan drawing indicating the proposed entrance and
driveway location for all corner lots. The proposed entrances must conform to all
current zoning requirements. Any future dwellings constructed on corner lots
within the subject draft plan must have entrances, driveways and garages that
are compatible with the required plan. Kinked driveways will not be permitted.
The final plan is subject to the approval of the Director of Engineering Services
prior to the approval of this draft plan;
· The Owner will be required to enter into a cost sharing agreement with the
Municipality and the developer of draft Plan 18T-89059. The Owner will be
required to pay an appropriate pro-rated share of the cost of constructing Rudell
Road as well as the cost of all related works and facilities including stormwater
management works. Any final decision will be made solely at the discretion of the
Director of Engineering Services;
These comments have been incorporated into the conditions of draft approval.
8.8 The Ministry of Transportation noted access to the subdivision is to be from municipal
roads and will not be directly from Highway 35/115. All of the subdivisions features and
amenities essential to the operation of the site (noise berms and walls, parking spaces,
fire routes, servicing etc.) must be setback a minimum of 14 metres from the Highway
35/115 right-of-way. The developer is solely responsible for noise mitigation. Noise
berms and grading is not permitted on the Highway 35/115 Corridor property and
external illumination is to be away from the highway. The Ministry gave two conditions
of draft approval and they are included within Attachment 3.
8.9 Clarington Emergency & Fire Services noted that streets greater than 90 metres are to
be provided with a turn around for fire fighting apparatus.
8.10 Clarington Operations had no comments other than drainage plans and a stormwater
management plan will be required.
9.0 STAFF COMMENTS
9.1 The proposed plan of subdivision implements the portion of the Foster East
Neighbourhood Design Plan for the lands fronting on the west side of Rudell Road.
Neighbourhood Design Plans are detailed and comprehensive and have conceptual
plans for consideration of land use, phasing, water distribution, sanitary sewer
collection, storm drainage, open space and public facilities, roads, sidewalks, trails and
transit. The subdivision complies with the design concept.
9.2 The round-about at the Rudell Road/Grady Drive intersection shown in the
Neighbourhood Design Plan has been removed and replaced with a more conventional
intersection. This revision was undertaken at the request of the Engineering Services
Department.
899032
REPORT NO.: PSD-081-08
PAGE 6
9.3 During the processing of Subdivision 18T-89059 (on the east side of Rudell Road) the
Ministry commented that "all buildings and structures be setback a minimum distance of
14 metres (45 feet) from our highway property line". Since berms are not usually
understood to be structures it was understood noise berms would be permitted within
the setback.
9.4 On April 20, 2007, during the processing of the subject applications, the Ministry of
Transportation provided detailed comments that included a condition requiring a
minimum 14 metre setback, as well as 0.3 metre reserve along the frontage of Highway
35/115 was provided. Again the wording was understood to not apply to the noise
attenuation berm and fence.
9.5 Comments from MTO, received in November 2007, on a revised circulation specified
that the noise berm and noise walls could not be located within the 14 metre setback.
The position was not consistent with previous comments and presented a problem for
the subdivision and related noise attenuation design which was based on comments
previously provided with the north side of the acoustic berm and parts of the acoustic
fence/wall, on top of the berm, within the 14 metres.
9.6 After several discussions with MTO staff and meetings with the planning/engineering
consultant it was agreed to revise the proposed plan of subdivision by adding the two
most northerly lots, which require the most extensive noise attenuation, to Block 29.
This allows for the most flexibility to deal with MTO comments together with a portion of
the unopened Rudell Road allowance and lands within the abutting draft approved plan
of subdivision 18T-89059.
9.7 Staff have reviewed the conditions of draft approval with the applicant's
engineering/planning consultant. There was concern with some of the wording.
However, based on revisions verbally discussed the conditions as contained in
Attachment 3 were considered acceptable.
9.8 Staff and the planning/engineering consultant were able to come to an agreement on all
of the 59 draft approval conditions but one - Condition 21. The above consultant
objected to the wording of the condition but was unable to offer alternative wording and
therefore, staff left the wording unchanged. The wording of Condition 21 is similar to
wording in a condition of draft approval for the Northglen West Subdivision and has its
origins in the findings of the Municipality's recently completed Financial Impact Study.
10.0 CONCLUSION
10.1 The proposal has been reviewed in consideration of the comments received from area
residents and the circulated agencies, and in consideration of Provincial Policy, the
Clarington Official Plan, Zoning By-law 84-63 and the Foster North Neighbourhood
Design Plan. Based on the comments provided in this report, staff respectfully
recommends: that staff be authorized to approve the removal of the Rudell/Grady
intersection round-about; that Subdivision S-C-2007-0001 be draft approved subject to
the conditions contained in Attachment 3; and the Zoning By-law Amendment as
contained in Attachment 4, be approved.
899033
REPORT NO.: PSD-081-08
PAGE 7
Attachments:
Attachment 1 - Site Location Key Map
Attachment 2 - Subdivision Plan
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Glenn Genge
Gary & Mary Kettle
Patricia Stephenson
899034
Attachment 1
To Report PSD-081-08
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899036
Attachment 3
To Report PSD-081-08
CONDITIONS OF DRAFT APPROVAL
S-C-2007 -0001
PLAN IDENTIFICATION
1. The Owner shall have the final plan prepared on the basis of approved draft plan of
subdivision S-C-2007-0001, prepared by D.G. Biddle & Associates Limited identified as
job number 106166, and drawing number DP-1, dated December 2006, as revised and
plotted June 10, 2008, and further red-line revised, which illustrates 28 lots for single
detached dwelling units, two retained future development blocks, a 0.3 metre reserve,
two road widening blocks and a road allowance.
FINAL PLAN REQUIREMENTS
2. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
3. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. The Owner shall submit plans showing the proposed phasing to the Regional
Municipality of Durham and the Municipality of Clarington for review phase and
approval if this subdivision is to be developed by more than one phase/registration.
The Municipality of Clarington requires the preparation of a subdivision agreement for
each registration of the development.
5. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
6. The Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design
criteria of the Municipality as amended from time to time.
7. The Owner shall submit a detailed tree preservation plan to the satisfaction of the
Municipality of Clarington. No trees shall be removed until such time as this program
has been approved except as authorized by the Municipality.
8. Any trees to be removed noted in Condition 7, if removed by burning, shall require a
permit in accordance with Open Air Burning By-law 2001-113.
9. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
899037
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
10. The Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
NOISE
11. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to
implement the recommendations of the report entitled "Noise Impact Study for
Proposed Draft Plan of Subdivision Part of Lot 31, Concession 2, Newcastle",
prepared by D.G. Biddle and Associates Limited, dated September 2007, which
specifies noise attenuation measures for the development. The measures shall be
included in the subdivision agreement and must contain a full and complete
reference to the noise report (i.e. author, title, date and any revisions/addenda) and
shall include any required warning clauses identified in the study. The Owner shall
provide the Region with a copy of the subdivision agreement containing such
provisions prior to final approval of the plan.
12. The Owner is to demonstrate to the Clarington Building Division that prior to the
issuance of a building permit, for the dwellings requiring noise attenuation
measures, the recommendations of the Noise Study noted in Condition 11, will be
implemented.
SERVICING
13. Prior to final approval, the Regional Municipality of Durham shall be satisfied that
any wells on the property have been decommissioned in accordance with
applicable Ministry of Environment standards.
14. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are
required to service this plan. In addition, the Owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan which are
required to service other developments external to this subdivision. Such sanitary
sewer and water supply facilities are to be designed and constructed according to
the standards and requirements of the Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval of this plan.
15. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other regional
services.
16. Prior to the development of Block 29, the north end of the Rudell Road allowance,
where proposed lotting across the road allowance is indicated, must be conveyed
899038
through a purchase made by one or both owners of Subdivisions S-C-2007-0001
and 18T-89059.
17. The Owner is responsible for all costs associated with opening the required portions
of Rudell Road that are now closed.
18. Development of Block 29 and the municipal lands to the east where proposed
lotting across the road allowance is indicated, cannot proceed until the Ministry of
Transportation - Ontario and the Municipality of Clarington have approved the lot
and dwelling design concepts including concepts for Highway 35/115 noise
attenuation.
19. Block 29 and the municipal lands to the east where the proposed lotting across the
road allowance is indicated must be pre-serviced (service stubbed) for all future lots
to the satisfaction of the Director of Engineering Services.
20. There must be pre-servicing (service stubs) for future Street "A' (Grady Drive
Extension) and future Street "B' to the satisfaction of the Director of Engineering
Services.
21. The Owner acknowledges that portions of the subject draft plan of subdivision are
premature relative to the Municipality's capital budget and four year forecast.
Development cannot proceed until such time as the Municipality has approved the
expenditure of funds for the provision of the reconstruction of Rudell Road to a full
urban standard, including curbs, gutters, storm sewers, sidewalks and street
illumination, in its capital budget and which have been included in the Municipality's
Development Charges By-law and deemed necessary by the Director of
Engineering Services and Director of Finance, to service this development.
22. Should the Owner wish to proceed in advance of the approval by Council of the
Municipality of Clarington for the expenditures for any works required by the
Director of Engineering Services to facilitate development the Owner shall pay
100% of the cost of all required works, to the satisfaction of the Director of
Engineering Services and Director of Finance.
23. The Owner must submit a plan drawing indicating the proposed entrance and
driveway location for all corner lots at the engineering drawing submission stage.
The proposed entrances must conform to all current zoning requirements. Any
future dwelling constructed on corner lots within the subject draft plan must have
entrances, driveways and garages that are compatible with the required plan.
Kinked driveways will not be permitted. The final plan is subject to the approval of
the Director of Engineering Services.
24. The Owner will be required to enter into a cost sharing agreement with the
Municipality and the developer of Draft Plan 18T-89059. The Owner will be required
to pay an appropriate pro-rated share of the cost of constructing Rudell Road as
well as the cost of all related works and facilities including stormwater management
works. Any final decision will be made solely at the discretion of the Director of
Engineering Services.
899039
25. The Owner shall convey a 1.5 metre road widening along the Rudell Road south of
the Grady Drive extension to the Municipality of Clarington.
26. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Street
"A' (Grady Drive Extension) and Rudell Road to the Municipality of Clarington.
27. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Street
"B' and Rudell Road to the Municipality of Clarington.
28. The transition from local street to collector street on Rudell Road is to be
accommodated by a 1.5 metre by 30 metre taper as red-line revised on the subject
draft plan of subdivision.
29. The Owner shall convey land to the Municipality of Clarington for park or other
public recreational purposes in accordance with the provision of the Planning act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
30. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
31. The Owner shall provide and install sidewalks, street lights, temporary turning
circles, etc. as per the Municipality's standards and criteria.
32. The Owner shall cause all utilities, including hydro, telephone, Cable TV, within the
streets of this development must be installed underground for both primary and
secondary services.
33. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-law and all applicable legislation and to the
satisfaction of the Director of Engineering Services.
34. The Owner must meet all the requirements of the Engineering Services
Department, financial and otherwise.
35. Prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
36. The Owner shall be 100% responsible for the cost of Architectural Design
Guidelines specific to this development, as well as 100% of the cost for the "Control
Architect" to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services. The Architectural Design
Guidelines shall ensure that the development is consistent with the character of the
Newcastle Village and Draft Approved Plan of Subdivision 18T-89059.
899040
37. The Owner agrees that no residential units shall be offered for sale to the pubic on
said plan until such time architectural control guidelines and the exterior
architectural design of each building has been approved by the Control Architect
and the Director of Planning Services.
38. The Owner agrees that no building permit shall be issued for the construction of any
building on any residential lot or block on said plan, until the architectural control
guidelines for the development and the exterior architectural design of each building
and the location of the building on the lot has been approved by the Municipality of
Clarington.
39. The Owner shall submit an Energy Management Plan to the satisfaction of the
Director of Planning outlining various means that the Owner will implement to
support energy conservation. The Owner shall plant a minimum of one tree in the
rear yard of each home.
40. The Owner must place in all agreements of purchase and sale for the lots, a
warning: "Existing and potential future agricultural operations are being conducted
in the surrounding lands, in compliance with the Clarington Official Plan and Zoning
By-law, other municipal and regional by-laws and provincial legislation".
41. The agricultural building located on the severed parcel associated with Land
Division LD 169/2007, being in the same ownership as the subject plan of
subdivision and approximately 9 metres from the Lot 9 property line must be
brought into compliance with Zoning By-law 84-63 as amended, prior to final
approval of the subdivision.
42. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of the subdivision, the Owner shall at his expense, either
connect the affected party to municipal water supply system or provide a new well
or private water system so that water supplied to the affected party shall be of
quality and quantity at least equal to the quality and quantity of water enjoyed by
the affected party prior to the interference.
43. The Owner shall provide the Municipality of Clarington, unconditional and
irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with
respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit
and other guarantees or deposit as may be required by the Municipality.
44. The Owner shall pay to the Municipality, the development charge in accordance to
the Development Charge By-law as amended from time to time, as well as payment
of a portion of front end charges pursuant to the Development Charge Act if any are
required to be paid by the Owner.
45. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality
of Clarington. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Municipality of Clarington
concerning the provision and installation of roads, services, drainage and other
local services.
899041
SCHOOL BOARD
46. Students from this development may have to attend existing schools. Although a
school site has been reserved within an adjacent plan of subdivision, a school may
not be constructed for some time, if at all, and then only if the School Board
authorizes funding and construction of this required school.
47. The Owner agrees to post the "Notice to Parents" (Condition 46) in all sales office
centres.
CONSERVATION AUTHORITY
48. This approval relates to a Draft Plan of Subdivision prepared by D.G. Biddle &
Associates Limited, (Project No. 106166, Dwg. No. DP-1), dated December 2006
and as revised and plotted June 10, 2008.
49. Prior to final approval and to anyon-site grading taking place, a stormwater
management report is to be prepared in accordance with current MOE criteria to the
satisfaction of the Ganaraska Region Conservation Authority.
50. A report is to be prepared to the satisfaction of the Ganaraska Region Conservation
Authority detailing the means whereby erosion and siltation will be minimized and
contained on site both during and subsequent to the construction period in
accordance with current MOE criteria.
51. The Owner agrees in the subdivision agreement to carry out or cause to be carried
out the measures and recommendations contained within the reports approved
under Condition 49.
52. The Owner agrees in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the construction period in a manner
satisfactory to the Ganaraska Region Conservation Authority.
MINISTRY OF TRANSPORTATION - ONTARIO
53. The Ministry of Transportation - Ontario will require, prior to final approval, a 0.3
metre reserve extending across the entire highway frontage be conveyed by deed
to the Ministry of Transportation. All deeds must be free of all encumbrances.
54. Since the subject site is within Ministry of Transportation - Ontario permit control
the Owner must obtain Ministry-issued buildinglland use permits, as per Sec. 38(2)
of the Public Transportation and Highway Improvement Act, prior to the
commencement of construction. Specifically, Building/Land Use Permits are
required for all structures above and below ground, including stormwater
management ponds, within 46 metres of the Highway 35/115 Right-of-Way and
Sign Permits are required for any signage visible to the Highway 35/115 Right-of-
Way.
55. The Owner agrees that all acoustical berms, fences and/or walls are to be setback
14.3 metres from the Highway 35/115 property line.
899042
BELL CANADA
56. The Owner is hereby advised that prior to commencing any work within the Plan,
the Owner must confirm that sufficient wire-line communication/telecommunication
infrastructure is currently available within the Plan to provide communication/
telecommunication service to the proposed development. If such infrastructure is
not available, the Owner is hereby advised that the Owner may be required to pay
for the connection to and/or extension of the existing communication/
telecommunication infrastructure. If the Owner elects not to pay for such connection
to and/or extension of the existing communication/telecommunication infrastructure,
the Owner shall be required to demonstrate to the Municipality that sufficient
alternative facilities are available within the proposed development to enable, at a
minimum, the effective delivery of communication/telecommunication services for
emergency management (9-1-1) services.
57. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to
grant to Bell Canada any easements that may be required for telecommunication
services and easements may be required subject to final servicing decisions. In the
event of any conflict with existing Bell Canada facilities or easements, the Owner
shall be responsible for relocation of such facilities or easements.
ENBRIDGE GAS
58. The Owner is to coordinate the preparation of an overall utility distribution plan to
the satisfaction of all affected authorities.
59. The Owner shall ensure grading of all streets is to final elevation prior to the
installation of the gas lines and the provision of the necessary field survey
information required for the installation of the gas lines, all to the satisfaction of
Enbridge Gas Distribution.
60. Prior to final approval of this plan for registration, the Director of Planning Services
for the Municipality of Clarington shall be advised in writing by:
a) Regional Municipality of Durham, how Conditions 1, 3, 4, 9, 13, 14, and 15
have been satisfied;
b) Ganaraska Region Conservation Authority, how Conditions 48, 49, 50, 51
and 52 have been satisfied;
c) Ministry of Transportation - Ontario, how Conditions 53, 54 and 55 have
been satisfied;
d) Bell Canada, how Conditions 56 and 57 have been satisfied; and
e) Enbridge Gas Distribution, how Conditions 58 and 59 have been satisfied.
899043
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall
be CLOSED. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of Clarington well
in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to final
approval. The Planning Act provides that draft approval, may be withdrawn at any
time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements must be included in the local municipal subdivision
agreement, a copy of the fully executed agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
a) Durham Region Planning Department, 605 Rossland Road East, Whitby, Ontario
L 1 N 6A3 1-800-372-1102
b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario L1A 3W4
(905) 885-8173
c) Ministry of Transportation, Corridor Control Section, 301 St. Paul Street, 2nd Floor,
St. Catherines, Ontario L2R 7R4 (905) 704-2913
d) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough
Drive, Scarborough, Ontario M1 P 4W2
e) Enbridge Gas Distribution, Area 45 Records Coordinator, P.O. Box 650,
Scarborough, Ontario M1 K 5E3
899044
Attachment 4
To Report PSD-081-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the former Town
of Newcastle to implement application ZBA 2007-0002;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural Exception (A-1)" Zone to "Holding - Urban Residential Type One
((H)R1-67)" Zone; and
"Agricultural Exception (A-1)" Zone to "Holding - Urban Residential Type Two
((H)R2-45)" Zone.
As illustrated on the attached Schedule "A" hereto.
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 Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
899045
This is Schedule "A" to By-law 2008-
passed this day of , 2008 A.D.
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~ Zoning Change From "A-1" To "(H)R1-67"
~ Zoning Change From "A-1" To "(H)R2-45"
Newcastle J
Patti L Barrie. Municipal Clerk
046
CI![pn
REPORT
ENGINEERING SERVICES DEPARTMENT
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday July 7, 2008
Resolution #:
Report #: EGD-031-08
File #:
By-law #:
Subject:
PROPOSAL TO CONVEY UNOPEN ROAD ALLOWANCES SITUATED
IN LOTS 3, 4 AND 5, BETWEEN BROKEN FRONT CONCESSION A
AND BROKEN FRONT CONCESSION B, FORMER TOWNSHIP OF
CLARKE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-031-08 be received;
2. THAT the road allowances situated in Lots 3, 4 and 5, between Broken Front
Concession A and Broken Front Concession B, further identified as Part 8 on
Registered Plan 1 OR-619 and Parts 10 and 12 on Registered Plan 10R-687 be
closed and declared surplus and that the road allowances be conveyed to
Cameco Corporation.
3. THAT the applicant's pay the appraised land value of $18,000.00 as well as all
legal and other financial costs associated with the transaction;
4. THAT Council pass the necessary by-laws to implement the recommendations of
this report; and
5. THAT Cameco Corporation be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
901
Report #EGD-031-08
Page 2
Respectfully by;
~
. .'~
Submitted by: AS. Cannella
Director of Engineering Services
OA-e~ pi Q -=:; ~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/dv
June 26, 2008
902
Report #EGD-031-08
Page 3
1.0 BACKGROUND
1.1 On October 29,2007, Council approved the recommendations of Report EGD-
053-07. The Report recommended that road allowances situated in Lots 3, 4 and
5, between Broken Front Concession A and Broken Front Concession B, former
Township of Clarke be legally closed by by-law, declared surplus and conveyed
into private ownership.
1.2 The Municipality retained an accredited appraiser who provided a report
evaluating the road allowances at $18,000.00.
1.3 The notice of intent to stop and close the road allowance was circulated to all
authoritative bodies and municipal departments. No objections to the closure
were received.
1.4 In accordance with the recommendations of Report EGD-053-07, Part 8 on
Registered Plan 1 OR-619 and Parts 10 and 12 on Registered Plan 1 OR-687 will
be conveyed to Cameco Corporation for the appraised value of $18,000.00
2.0 CONCLUSION
2.1 It is recommended that subject to any input received at the Public Meeting, that
Council authorize the closure of the subject road allowances, declare the land
surplus and convey the subject lands into private ownership for the appraised
value of $18,000.00.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-Law
List of Interested Parties:
Cameco Corporation
903
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CONC. BF 'B'
CONC. BF 'A'
Lakeshore Rd
Lake Ontario
^'
W~E
s
DRAWN BY: E.L.
DATE: June 23, 2008
REPORT EGD-031-08
ATTACHMENT NO.1 904
G:lAltachmentsIRoadClosureLots3-4-5-Conc-BF.mxd
ATTACHMENT 2
REPORT EGD-031-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-XXX
being a by-law to stop up and close as a public highway portions of road
allowance and to authorize the conveyance of Parts 10 & 12 on Registered Plan
10R-687 and Part 8 on Registered Plan IOR-619 to Cameco Corporation.
Whereas the Council of the Municipality ofClarington at its meeting of July 14,2008
approved the recommendations in Report EGD-031-08;
NOW THEREFORE the Council of the Corporation of the Municipality ofClarington
hereby enacts as follows:
1. That portions of road allowances located between Broken Front Concession A
and Broken Front Concession B, Lots 3, 4 & 5, in the former Township of Clarke
designated as Parts 10 & 12 on Registered Plan IOR-687 and Part 8 on Registered
Plan 1 OR-619 are hereby stopped up and closed as a public highways.
2. That the sale and transfer to Cameco Corporation of the portions of road
allowances located between Broken Front Concession A and Broken Front
Concession B, Lots 3, 4 & 5, in the former Township of Clarke designated as
Parts 10 & 12 on Registered Plan 10R-687 and Part 8 on Registered Plan 10R-
619, is approved.
3. That the Mayor and Clerk are authorized on behalf of the Municipality to execute
the transfers.
4. That by the enactment of The Regional Municipality of Durham Act, 1993, S.O.
1993, Chap. 3, section 4, any reference to The Corporation of the Town of
Newcastle is deemed to be The Corporation of the Municipality ofClarington.
The Corporation of the Town of Newcastle changed its name on July 1, 1993 to
The Corporation of the Municipality of Clarington by virtue of this Act.
By-law read a first and second time this 14th day of July 2008.
By-law read a third time and finally passed this 14th day of July 2008.
James Abernethy, Mayor
Patti Barrie, Clerk
905
Cl!Jl.mgtnn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday July 7, 2008
Resolution #:
Report #: EGD-032-08
File #:
By-law #:
Subject:
AMENDING AGREEMENT OF UNDERSTANDING FOR NORTHGLEN
WEST SUBDIVISION - BA YSONG DEVELOPMENTS INC.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-032-08 be received;
2. THAT the Mayor and Clerk be authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, the Amending Agreement of
Understanding with Baysong Developments Inc. for the grading works and the
erosion and sedimentation control works on the draft approved Northglen West
Subdivision;
3. THAT Council approve the by-law attached to Report EGD-032-08 to confirm its
decision to enter into the Amending Agreement of Understanding with Baysong
Developments Inc.; and
4. THAT Baysong Developments Inc. be notified of Council's decision and that the
Amending Agreement of Understanding be forwarded to them for execution once
it has been drafted to the satisfaction of the Director of Engineering Services and
the Municipality's Solicitor.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
906
Report #EGD-032-08
Page 2
Respectfully by,
1I<t~ -
Submitted by: AS. Cannella
Director of Engineering Services
o~-~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
June 19, 2008
907
Report #EGD-032-08
Page 3
1.0 BACKGROUND
1.1 The Northglen West subdivision is located north and east of Concession Road 3
and Regional Road 57 in Bowmanville. The development was draft approved in
April 2008, and an Agreement of Understanding was entered into with the
Municipality whereby Council approved the clearing and grubbing of Phase 1
lands (see Attachment 1). That work has now been completed.
1.2 The owner, Baysong Developments Inc., has subsequently requested that the
Municipality approve an Amending Agreement of Understanding to permit them
to pre-grade the site within Phase 1 lands plus the proposed school block.
Approximately 50,000 cubic metres of surplus fill will result from the grading
operation. This excess fill will be stockpiled and ultimately used on the school
block.. All erosion and sedimentation controls remain in place (and secured for)
under the original Agreement of Understanding.
1.3 The developer has submitted a cost estimate for the stabilization of the disturbed
areas. They are prepared to post a $222,000 Letter of Credit for these works
which can be drawn upon in the event that they do not comply with the Amending
Agreement of Understanding. The Letter of Credit in the amount of $100,000.00
under the original agreement remains in place for erosion and sediment controls.
1.4 Similar Agreements of Understanding were recently entered into by the
Municipality for works very similar to this request in the Courtice area and the
Newcastle area.
2.0 REVIEW AND COMMENTS
2.1 Staff have met with the developer and have reviewed their request as submitted.
Staff have no objection to the pre-grading and concur with the cost estimate
which will form the basis of the Letter of Credit. Staff will recommend that, if the
Amending Agreement of Understanding is approved, the developer communicate
with the neighbouring property owners with respect to the proposed works and
provide those property owners with contact numbers in the event that they have
908
Report #EGD-032-08
Page 4
any questions or complaints. Staff have also requested a Site Alteration Plan
which clearly depicts location and method of erosion and sediment control, dust
and mud control and restoration/stabilization of disturbed areas.
3.0 CONCLUSION
3.1 Staff recommend that the Municipality of Clarington enter into an Amending
Agreement of Understanding with Baysong Developments Inc. for pre-grading
works on the Northglen West Phase 1 lands once a Letter of Credit and a Site
Alteration Plan have been received to the satisfaction of the Director of Finance
and the Director of Engineering Services respectively.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-Law authorizing the Mayor and Clerk to execute the Amending
Agreement of Understanding between Baysong Developments Inc. and
the Municipality of Clarington
909
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DRAWN BY: E.L.
DATE: June 26,2008
REPORT EGD-032-08
ATTACHMENT NO.1
G:\PMs>Base\Attach~e~tsQorthglen,mXd
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ATTACHMENT 2
REPORT EGD-032-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-XXX
Being a By-law to authorize the execution of an Amending
Agreement of Understanding between the Corporation of the
Municipality of Clarington and Baysong Developments Inc. for
the purpose of pregrading a future development site in the
Northglen West Neighbourhood.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-032-08, including the
recommendation that the Corporation of the Municipality of Clarington enter into
an Amending Agreement of Understanding for the purpose of pregrading a future
development site in the Northglen West Neighbourhood.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The Mayor and Clerk are authorized to execute an Amending Agreement
of Understanding between the Corporation of the Municipality of
Clarington and Baysong Developments Inc.
BY-LAW read a first and second time this 14th day of July, 2008.
BY-LAW read a third time and finally passed this 14thth day of July, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
911
Cl~-!lJgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Resolution #:
Report #: EGD-033-08
File #:
By-law #:
Subject:
ROUNDABOUT EDUCATION PROGRAM
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-033-08 be received for information.
Respectfully by,
()~~~
Reviewed by: Franklin Wu
Chief Administrative Officer
Su mitted by: A . annella
Director of Engineering Services
ASC/Jb
June 26, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
912
Report #EGD-033-05
Page 2
1.0 BACKGROUND
1.1 The Green Road Extension
As Council is aware, Green Road southerly from Boswell Drive across the
Canadian Pacific Rail (grade separation) to Baseline Road is being constructed
as a type B arterial road to allow for significant existing and planned commercial
and residential development in the surrounding area (Attachment 1). The project
is in Phase I from Baseline to Aspen Springs Drive and Phase 2 from Aspen
Springs Drive to Boswell Drive. When completed, Green Road will be a key
arterial road and will address the discontinuity in the north-south road network
serving the west end of the community in Bowmanville. The Green Road
extension will provide traffic relief to parallel arterial roads, especially Martin
Road (Regional Road 57), and will provide for improved access, mobility, public
transit and emergency service.
Green Road which is a type B arterial road was designed to move significant
volumes of traffic at moderate speeds from one part of the municipality to
another. The desired operating speed is 50 km/h in urban areas. Background
studies suggest an interim requirement for two basic lanes, one northbound and
one southbound, plus auxiliary left turns at intersections.
The Green Road extension has been designed to deal with high volumes of
traffic and is expected within a 10 to 15 year time horizon to carry approx. 8 -
10,000 vehicles per day. Initially however, these numbers will be substantially
less until the Canadian Pacific subway is completed in approximately 2009.
Projected well into the future these numbers may eventually reach as many as
15,000 vehicles per day and to understand what this may look like we should
understand that downtown King Street in Bowmanville moves approximately 12 -
15,000 vehicles daily. Initially because of lower traffic volumes using a roadway
designed to carry higher volumes, vehicle speeds may be an issue.
913
Report #EGD-033-05
Page 3
1 .2 Modern Traffic Roundabouts
Modern traffic roundabouts have been in widespread use in Europe and the
United States because they provide:
. Greater level of safety than other types of intersections, such as signalized
intersections
. Dramatically reduced injury collision rates as opposed to other types of
intersections
. Lower negative environmental impacts because of the lower delays
associated with lower vehicle emissions
. Improved aesthetics compared to other types of intersections
. The capability to move higher volumes of traffic in a controlled manner
1.3 Clarinaton's First Traffic Roundabouts
For the reasons listed above, and after considerable public consultation, two
modern roundabouts were included in the design of Green Road from Boswell
Drive to Baseline Road. One roundabout will be installed at the intersection of
Green Road and Aspen Springs Drive, the other will be installed at the
intersection of Green Road and Remington Street in Bowmanville. Both will have
an important traffic capacity effect on Green Road while maintaining the
functional operation for a two lane road, and therefore, may defer the need to
widen the road to four lanes in the future. We expect that they will be open to the
public early in September of 2008.
914
Report #EGD-033-05
Page 4
2.0 PUBLIC ACCEPTANCE
2.1 Studies have shown that where roundabouts are introduced into a community for
the first time, the majority of the general public is typically apprehensive about
their implementation.
In Clarington many of our residents will never have encountered a modern traffic
roundabout before and in situations like this public acceptance of roundabouts
has often been found to be one of the biggest challenges facing a road authority
that is planning to install its first roundabout. Most residents will have a natural
tendency to resist changes in their driving, walking and cycling environment and
it is for this reason that we see public education on the use of roundabouts as
critical both before opening to traffic and for several months afterwards.
3.0 CLARINGTON'S PUBLIC EDUCATION PROGRAM
3.1 We are uniquely fortunate in Clarington in that the roundabouts on Green Road
will be opened long before the high volumes of traffic will begin. This gives us
time to allow the public to get used to the roundabouts and gives us time to
phase in an education program.
Our education program will include:
· Meetings with emergency services agencies including the police, fire and
ambulance
· Consultation and education sessions with key user groups such as school
boards, local area residents, staff, Council, insurance companies, Durham
Region Transit, driver education schools and visitor/tourism information
centers
· A roundabout web page on the Clarington website
· Educational brochures
915
Report #EGD-033-05
Page 5
. Advertisements in publications such as our Community Guide and local
newspapers
. Roundabout awareness signs
. Traffic Control Signs
3.2 Emeraency Services
In May of 2008 staff met with police and fire personnel to talk about where, when
and why roundabouts will be introduced within Clarington. Roundabouts have
been designed to move large transport trucks (WB-19, WB21) and can easily
handle large fire trucks. In addition there is a concrete apron for larger vehicles
which provides additional space. The roundabout will be 5m and the concrete
apron 3.5m, providing 8.5m of paved width (Attachment 2). This design results in
an entrance speed of 40 km/hr and an operational speed of 25 km/hr and is in
use in other Regions and has therefore been tested.
Clarington's roundabouts will be available for testing before they open and
adjustments can be made if necessary. Emergency services and Operations
staff will be offered on-site and in-house training prior to the opening of both
roundabouts and afterwards as deemed necessary.
3.3 Consultation and Education Sessions
Education sessions began in May of this year when a presentation was made to
the Clarington Traffic Management Advisory Committee (CTMAC). In June a
presentation was made to all non-affiliated staff at the Municipal Administrative
Centre. Council will be kept fully informed and consultations will be held with key
user groups such as school boards, insurance companies, driver education
schools and others. In September staff will be present at the Family Safety Day
which is to be held at Bowmanville Fire Station #1.
916
Report #EGD-033-05
Page 6
3.4 Roundabout Web Paae
A roundabout education web page will be designed and added to the Municipality
of Clarington's web site to provide our residents with important information about
our roundabouts and to educate them in their proper use. The Region of
Waterloo for example has an excellent educational video and links to animated
demonstrations about how to approach and navigate through a roundabout.
Resources such as this will be made available on our website along with contact
information for Engineering staff who can answer any questions our residents
may have.
3.5 Educational Brochures
A roundabout education brochure will be distributed to school children, key
stakeholders and to anyone who would like further information about how to
negotiate a roundabout. The brochure will contain information for motorists,
pedestrians and cyclists and will direct residents to the roundabout web page for
further information.
3.6 Advertisements
Advertisements will be placed in Clarington's Community Guide and local area
newspapers prior to the opening of the roundabouts and will direct residents to
our web page and to appropriate staff.
3.7 Roundabout Awareness Sians
In advance of the opening, staff will place roundabout awareness signs on roads
approaching the new roundabouts. The signs will indicate that roundabouts are
coming and provide the Municipality's web site address and a telephone number
for staff who can answer their questions. It should also be noted that the
roundabouts will be fully barricaded prior to the official opening to prevent the
public from using them before they are fully operational and before the public has
been properly educated.
917
Report #EGD-033-05
Page 7
4.0 CONCLUSION
The construction of Green Road from Boswell Drive southerly to Baseline Road
as a type B arterial road, including a grade separation with the Canadian Pacific
Railway will prove to be of great benefit to the Municipality. This section of
Green Road will facilitate the movement of significant volumes of traffic from one
part of the Municipality to another but requires that we look carefully at the need
to balance operating speeds and traffic volume efficiencies while maintaining
that public safety is our main priority.
The construction of modern traffic roundabouts in a "greenfield" situation, as can
be found at two locations on the Green Road extension, is a proven tool used to
influence speeds and provide a greater level of safety than other types of
intersections. Initially however, residents are typically resistant to changes in
their driving, walking and cycling environment and a full roundabout
education program will be important both to promote public acceptance and to
maximize public safety.
Attachments:
Attachment 1 - Site Map
Attachment 2 - Roundabout Design
918
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DRAWN BY: E.L.
DATE: June 26, 2008
REPORT EGD-033-08
ATTACHMENT NO.1 919
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DRAWN BY: E.L.
DATE: June 26, 2008
REPORT EGD-033-08
ATTACHMENT NO.2 920
G:\Atlachments\Darlington Green 2.mx
Cl~n
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Resolution #:
Report #: EGD-034-08
File #:
By-law #:
Subject:
MEARNS AVENUE RECONSTRUCTION
CANADIAN PACIFIC RAILWAY COMPANY AGREEMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-034-08 be received; and
2. THAT the Mayor and Clerk be authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, the Agreement with Canadian
Pacific Railway Company for the purpose to widen Mearns Avenue through the
crossing at grade across the railway at Millage 162.92, Bellville Subdivision; and
3. THAT Council approve the by-law attached to confirm its decision to enter into
the Agreement with Canadian Pacific Railway Company; and
4. THAT Canadian Pacific Railway Company is notified of Council's decision and
that the Agreement is forwarded to them for execution; and
5. THAT the Engineering Department proceed with the installation of the drop arms
by Canadian Pacific Railway Company as approved through the capital budget
and pursues cost sharing possibilities with Transport Canada and Canadian
Pacific Rail.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282
921
Report #EGD-034-08
Page 2
Respectfully by,
;:;a
U~~
Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S. Cannella
Director of Engineering Services
ASC/jo/dv
June 26, 2008
922
Report #EGD-034-08
Page 3
1.0 BACKGROUND
Mearns Avenue is included in the road reconstruction program for 2008. The
Engineering Department has previous reported on the Public Information Centre
for the reconstruction of Concession Road #3 and Mearns Avenue. Report EGD-
15-08 is attached for reference purposes.
The road reconstruction and urbanization of Mearns Avenue from Sprucewood
Crescent to Concession Road #3 has subsequently been tendered and approved
for construction. The Mearns Avenue level crossing improvement is included in
Clarington's DC By-law for reconstruction and has been increasingly required
from a public perspective due to the expanding surrounding development.
The Municipality and the Canadian Pacific Railway Company (CP Rail) are in
agreement that the improved safety conditions at the railway crossing on Mearns
Avenue between Sprucewood Crescent and Longworth Avenue are required. In
order to improve the level crossing, a widening of the railway platform is to be
completed by CP Rail. These works will likely occur simultaneously with the
road reconstruction and widening being completed by the Municipality,
Subsequently, the additions of drop arms to the existing warning signals are to
be installed.
2.0 APPROACH
Phase one of the level crossing improvements will be the urbanization of Mearns
Avenue on the approaches to the level crossing. Construction for this is slated to
commence shortly. Phase two of the improvements will include widening the
railway crossing surface at Mearns Avenue. CP Rail is proposing to complete
these works simultaneously with our Mearns Avenue reconstruction at no cost to
the Municipality provided we accommodate their work force during construction.
The final phase will be to relocate the crossing warning signals that exist and
install new drop arms at the level crossing. These works have been included in
the approved capital budget in order to complete the final phase of improvements
923
Report #EGD-034-08
Page 4
at the level railway crossing, however through continued discussions with CP
Rail and Transport Canada the Municipality may be in a position to recover a
significant portion of the level crossing costs. If we are successful Transport
Canada may contribute up to 80%, CP Rail would cover 8% and the Municipality
would then be responsible for only 12%.
4.0 DISCUSSION
In order to improve the existing conditions at the level crossing on Mearns
Avenue and the Canadian Pacific rail line, staff recommends that the Municipality
enter into the agreement in order to allow CP Rail to proceed with the required
works. The Municipal Solicitor has reviewed a draft CP Rail agreement from a
legal standpoint and has not brought forth any issues.
Attachments:
Attachment 1 -
EGD-15-08
Attachment 2 -
Agreement between Canadian Pacific Railway Company and The
Corporation of the Municipality of Clarington
Attachment 3 -
By-Law
List of Interested Parties:
David M, Lukianow, P. Eng
Manager of Public Works
Canadian Pacific Railway Company
924
Attachment No.: 1
Report No.: EGD-034-08
a. In
J!Jl}glO
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday March 17,2008 Resolution #:~ flt-~ I '-O~
Report #: EGD-015-08
File #:
By-law #:
Subject:
MEARNS AVENUE AND CONCESSION ROAD #3 RECONSTRUCTION
PUBLIC INFORMA liON CENTRE
Recommendations:
It is respectfully recommended that the General. Purpose and Administration Committee
recommend to Council the following:
1, THAT Report EGD-015-08 be received; and
2, THAT all those who attended the Public Information Centre and who have
contacted the Municipality be informed of this report,
Respectfully by,
&fl
Submitted by: A.S, Cannella
Director of Engineering Services
cJ~": ~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC~o~b
March 11, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
925
Report EGD-015-08
Page 2
1.0 BACKGROUND
1.1 Mearns Avenue is classified as a Type C Arterial road in Clarington's official plan
and is included in the road reconstruction program for 2008. Concession Road
#3 is classified as a Type B Arterial road in the official plan and will be
reconstructed in conjunction with Mearns Avenue,
The proposed reconstruction will provide for the urbanization of Mearns Avenue
from Sprucewood Crescent to Concession Road. Reconstruction also allows for
the urbanization and elimination of obstructed vehicular movements on
Concession Road #3 from Meams Avenue to approximateiy 500m west of
Mearns Avenue, In addition the installation of sidewalk from Sprucewood
Crescent to Ireland Street on the west side of Mearns Avenue has been included
in the scope of the project,
Mearns Avenue and Concession Road #3 are currently rural in nature and both
projects are included in Clarington's DC By-law for reconstruction, The
reconstruction will also include the installation of storm sewers, sidewalks in
required areas, landscaping and street lighting on Concession Road #3. Street
lighting on Mearns Avenue was previously approved as part of the 2007 street
lighting contract.
The Municipality is currently working with the Canadian Pacific Railway (CP Rail)
in order to improve the safety conditions at the railway crossing on Mearns
Avenue between Sprucewood Crescent and Longworth Avenue, Our goal is to
encourage the railway to work with us to make these improvements in
conjunction with our reconstruction. Discussions are still ongoing.
926
Report EGD-015-08
Page 3
2.0 APPROACH
Both Mearns Avenue and Concession Road #3 were included in the approved
2008 Capital Budget and preliminary designs have been completed. To assess
suitable reconstruction measures for both Municipal projects and to obtain local
resident input to the design process, a Public Information Centre was held, The
public was notified of the meeting by newspaper advertisement and through the
circulation of notices,
In order to complete the improvements at the level railway crossing, the
Municipality is currently attempting to receive a cost sharing proposal from the
railway. These discussions are ongoing and a meeting will be held in early April
with Transport Canada, the Municipality, and CP Rail to assess the eligibility of
certain costs.
3.0 INFORMATION CENTRES
Information Centre, February 5, 2008
At the meeting the following documentation and plans were presented for
discussion:
. Existing Road Condition Base Plans, showing proposed road works with
aerial photography as a background for both Clarington projects;
. A typical road section for urban designs with storm sewer locations and the
location of a limited amount of watermain to be installed by the Region of
Durham;
. A Tree Assessment Report was available for reading,
. Photographs of existing conditions throughout the project site.
In all, approximately sixteen people registered at the meeting and the attendance
register and comment sheets are on file with the Engineering Services
Department and available for review.
927
Report EGD-015-08
Page 4
The design proposals for the work presented were well received by the majority
of those who attended and many interested observers provided positive
feedback, Concerns raised were relating to:
· SNOW CLEARING ~ on newly installed sidewalk along the lots fronting onto
Mearns Avenue. The concerns with respect to the sidewalk snow clearing
are currently being discussed with the Operations Department
· RAILWAY LEVEL CROSSING SAFETY - several of those in attendance
raised additional concerns about the need to improve safety at the railway
level crossing. With respect to safety at the railway level crossing the
Municipality is working with CP Rail towards the installation of drop-arms at
the level crossing to improve the safety conditions. Safety improvements may
also include the installation of a pedestrian maze as is being proposed at all
four quadrants of the level crossing to increase pedestrian awareness and to
avoid direct crossings.
· SCHOOL CHILDREN - One resident had questions about how school
children would be able to walk to Harold Longworth Public School from south
of the railway, and had concerns about access during construction and
railway crossing safety. The Municipality's consultant, TSH, contacted Harold
Longworth Public School to confirm that there are no students attending the
school who live south of the railway tracks,
928
Report EGO-Q15..()&
Page 5
4.0 DISCUSSION
4.1 As a result of the Information Centre, detailed design and tendering will proceed
based on the comments received for the work that is being proposed by the
Municipality ,
Attachments:
Attachment 1 - Project Location
List of Interested Parties:
List with Engineering Services
929
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I DATE: March 11, 2008
REPORT EGD-015-08
ATTACHMENT NO.1
G:\PMS-8aaelAttachments\Meama Ave & Collnc.Rd.3.mxd
Attachment No.: 2
Report No.: EGD-034-08
THIS AGREEMENT effective as of the
TWO THOUSAND AND EIGHT
dc...1 '"
BETWEEN:
CANADIAN PACIFIC RAILWAY COMPANY
(hereinafter called the "Railway")
and
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
in the Province of Ontario
(hereinafter called the "Road Authority")
WHEREAS Order NO. R-32062 of the Canadian Transport Commission
Dated April 2, 1981, authorized the Road Authority to widen Mearns
Avenue through the crossing at grade across the track of the Railway at
Mileage 162.92, Belleville Subdivision, in the Municipality of Clarington, in
the Province of Ontario;
AND WHEREAS it is the Road Authority's intent to reconstruct the "highway",
namely Mearns Avenue, by widening the road and adding sidewalks on both
sides of the road, where it crosses at grade the right-of-way and track of the
Railway at Mileage 162,92, Belleville Subdivision (hereinafter "the crossing"),
in the Municipality of Clarington, in the Province of Ontario, as shown on Plan
No. R1 dated April 14, 2008 (hereinafter the Plans) attached to and forming part
of this agreement.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration
of the mutual covenants and agreements herein and subject to the terms and
conditions set out in this agreement, the parties agree as follows:
RESPONSIBILITIES
1. The Road Authority and the Railway will carry out the work as
shown on the Plan in accordance with their respective
responsibilities in accordance with Railway requirements respecting
safe railway operations.
RAILWAY SAFETY ACT
2. The parties are required to fulfill their respective obligations
under the Railway Safety Act. For the purposes of the Railway
Safety Act, the Road Authority is considered to be the "proponent".
931
HIGHWAY APPROACHES
3. The cost of reconstructing and maintaining the highway approaches
to the crossing shall be paid by the Road Authority.
CROSSING CONSTRUCTION COST
4, The cost of reconstructing the crossing surface shall be paid by the
Railway,
CROSSING MAINTENANCE COST
5, The cost of maintaining the crossing surface shall be paid by the
Railway,
PREMIUM CROSSING SURFACE
6. All costs associated with the installation of a premium crossing
surface, such as full depth rubber, rubber railseal, concrete or steel,
will be paid by the Road Authority.
SIGHT LINES
7. All initial and on-going sight line clearing is to be in
accordance with Transport Canada Railway Safety Directorate
Guidelines G4-A (or any subsequent amendment thereof). Each
party will be responsible for the physical work associated with
the sight line clearing of its own property, The physical work
associated with the sight line clearing of private property shall
be the responsibility of the Road Authority. Costs associated
with the sight line clearing of railway property shall be paid by
the Railway. Costs associated with the sight line clearing of
Road Authority property shall be paid by the Road Authority.
Costs associated with the sight line clearing of private property
shall be paid by the Road Authority.
RELOCATION OF CROSSING WARNING SIGNALS
8. The cost of relocating any existing crossing warning system shall
be paid by the Road Authority.
932
ACCOUNTS
9, The Railway shall prepare all accounts using rates as stipulated
in the latest Guide to Railway Charges for Crossing Maintenance
and Construction as issued by the Canadian Transportation Agency.
In the event that the Canadian Transportation Agency should
discontinue publishing same, the accounts shall be prepared in
accordance with standard rates adopted by the railway industry in
Canada, or in their absence, in accordance with standard rates
adopted by the Railway. If there should be no standard rates in
effect for work done by the Railway, the accounts shall be based
on actual costs plus allowances for the Railway's overhead,
FUTURE RECONSTRUCTION
10, If at any time during the continuance of this agreement either
party wishes to widen, relocate, make more narrow or otherwise
upgrade (the "reconstruction") the crossing, the terms associated
with the reconstruction will be agreed to by the parties by means
of a written agreement between them,
JURISDICTION
11. This agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario, and all applicable federal
laws and regulations,
ASSIGNMENT
12, This agreement is not assignable without the prior written
consent of both parties which consent will not be unreasonably
withheld. Notwithstanding the foregoing:
(a) the Railway may assign its interest under this agreement to
another railway, without the consent of the Road Authority,
in the event of a transfer of the rail line for continued
rail operation, provided that the proposed assignee covenants
in writing with the Road Authority to be bound by this
agreement and to fulfill all of the obligations of the
Railway hereunder from and after the effective date of the
assignment; and
933
(b) the Road Authority may assign its interest under this
agreement to another public road authority, without the
consent of the Railway, in the event of such public road
authority assuming control of and responsibility for the
highway at the location of the crossing, provided that the
proposed assignee covenants in writing with the Railway to be
bound by this agreement and to fulfill all of the obligations
of the Road Authority hereunder from and after the effective
date of the assignment.
TERM
14. This agreement shall become effective on the date appearing on
page 1 of this agreement and shall continue until:
(a) the Railway discontinues its rail operations at the location
of the crossing, unless the Railway chooses, according to its
sole discretion, to leave its tracks in place notwithstanding
the discontinuance, in which case the agreement shall not
terminate until the Railway has permanently removed its
tracks at the crossing; or
(b) the Road Authority closes the Highway at the location of the
crossing; or
(c) the parties have mutually consented to terminate the
agreement.
TERMINATION
15. Upon termination of this agreement, unless terminated by a
crossing relocation or reconstruction, the terms of which are to
be set out in a subsequent agreement, the Road Authority shall be
responsible for all future costs associated with the existence of
the crossing, including the cost of maintaining the crossing or
dismantling the crossing and restoring the Railway and Road
Authority property to its original or mutually agreed upon
condition.
RESIDUAL OBLIGATIONS
934
16. Notwithstanding the termination of this agreement, unless
terminated by a crossing relocation or reconstruction, the
obligations of the Road Authority as to the termination clause of
this agreement shall survive any such termination and shall
remain in force until discharged.
CANADIAN TRANSPORTATION AGENCY
17, Upon execution, the Railway shall file this agreement with the
Canadian Transportation Agency.
DEFAULT
18, If either party fails at any time to fulfill its obligations
provided in the present agreement, the other party, at its
option, may upon reasonable notice, undertake the necessary
measures to ensure safety, at the risk and expense of the
defaulting party,
RE PREAMBLE
19. The preamble to this agreement forms an integral part of the
agreement.
935
"'.
IN THE WITNESS WHEREOF, the parties have caused the Agreement to be
executed by their respective representatives hereunto duly authorized, as they
declare, as of the date first above written,
CANADIAN PACIFIC RAILWAY COMPANY
Signature and Title
Witness: Signature and Title
Date
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature and Title
Witness: Signature and Title
Date
936
Attachment No.: 3
Report No,: EGD-034-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-XXX
Being a By-law to authorize the execution an Agreement
between the Corporation of the Municipality of Clarington and
Canadian Pacific Railway Company for the purpose to widen
Mearns Avenue through the crossing at grade across the
railway at Millage 162.92, Bellville Subdivision.
WHEREAS the Council of The Corporation of the Municipality of Clarington has
approved the recommendations of Report EGD-0??-08, including the
recommendation that the Corporation of the Municipality of Clarington enter into
an Agreement for the purpose of widening Mearns Avenue through the crossing
at grade across the railway at Millage 162.92, Bellville Subdivision.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. The Mayor and Clerk are authorized to execute the Agreement between
the Corporation of the Municipality of Clarington and the Canadian Pacific
Railway Company.
BY-LAW read a first and second time this XXlh day of XXXX, 2008.
BY-LAW read a third time and finally passed this XXth day of XXXX, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
937
~-!llgton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Resolution #:
Report #: EGD-035-08
File #:
By-law #:
Subject:
2008 MUNICIPAL ROAD AND BRIDGE INFRASTRUCTURE
PROJECTS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-035-08 be received;
2. THAT the works listed in the 2008 Municipal Road and Bridge Infrastructure
Projects list contained in Report EGD-035-08 be endorsed as the Municipality's
highest priority projects in accordance with the 2008 Municipal Road and
Bridge Infrastructure Investment eligibility criteria;
3. THAT this report be forwarded to the Ontario Ministry of Transportation; and
4. THAT the Engineering Services Department proceed to tender and construct
the road improvement works in the fall of 2008.
Respectfully by,
IK/~
O~:.., ~
Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S. Cannella
Director of Engineering Services
ASC/Jb
June 26, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
938
Report #EGD-035-05
Page 2
1.0 BACKGROUND
1.1 As announced in the 2008 Budget, the Province of Ontario has implemented a
one time $400 million Municipal Road and Bridge Infrastructure Investment
program to assist with municipal road and bridge capital investment needs
across Ontario. In a letter dated March 31, 2008 (Attachment "1 ") the Province
advised that the Municipality of Clarington has been approved to receive funds in
the amount of $1 ,913,794 provided that the money will be used in accordance
with the eligibility criteria for the program.
On April 21, 2008 Council approved the recommendations found within report
FND-010-08 (Attachment "2") which allowed us to proceed in authorizing a
Council resolution to accept the general terms of the program prior to the April
30, 2008 deadline.
The next step in qualifying for this funding was to determine which capital works
projects are Clarington's priorities according to the guidelines of the program and
to ensure that they fit within the $1,913,794.00 budget we have been granted.
Staff from both the Engineering Services Department and the Operations
Department have now collaborated in the review of Clarington's projects so that
we can be ready to proceed when the funding is transferred from the Province on
June 30, 2008.
In accordance with the program criteria we have reviewed our Pavement
Rehabilitation Program data to determine our priorities. Using this data we have
determined that rural roads are our highest priority for funding and if all
conditions are met staff intends to tender and construct the road improvement
works this fall in order to maximize the full value of the investment dollars
received.
939
Report #EGD-035-05
Page 3
1.2 Clarinaton's Priority Proiects
The projects that we have selected according to the program criteria are as
follows:
1) Concession Road #7, from Vannest Road easterly to Old Scugog Rd.,
including rehabilitation works to bridge structure #99037.
2) Concession Road #6, From Enfield Road to Solina Road,
1.3 Why These Proiects are a Priority
The projects on Concession Road #6 and Concession Road #7 (Attachment 3)
focus on the declining road, bridge and road allowance conditions on roads that
see a large amount of higher speed traffic as east-west routes through
Clarington, ultimately tying into the 407. The projects would include road
rehabilitation on Concession Rd. # 6 and #7 as well as the rehabilitation of
Structure #99037 over the Bowmanville Creek between Holt Road and Old
Scugog Road on Concession Road #7. The total estimated cost of these
projects is $1,915,000.
As Council is aware, there are a number of declining road and bridge structures
in Clarington. The aim is to repair these structures in the most cost effective
manner by making repairs before the structures have degraded to the point
where complete replacement becomes necessary. The type of work we are
proposing includes road rehabilitation of both roads as well as overlaying the
bridge deck on Concession Rd. #7 with latex modified concrete, replacing deck
expansion joints, repairing concrete parapet walls and miscellaneous
components. The work also includes conversion to semi-integral approach slabs
and expanding asphalt with a 50 mm lift of asphalt.
940
Report #EGD-035-05
Page 4
The road rehabilitation of Concession Road #6 and Concession Road #7 offers
the benefit of improved road safety and reliability, strategic asset management
and minimal impact to the environment. The bridge works are important because
if a bridge becomes unserviceable it could isolate residents, have public safety
impacts and potentially delay emergency response times. Completed together
these works may prevent delays and major detours that might result from a less
proactive stance towards road, bridge and culvert rehabilitation.
By extending the life cycle of our infrastructure through timely capital
investment, the frequency of complete removal and replacement is reduced
such that impressive savings are achieved through this alone. Furthermore,
improved road and structure conditions will reduce the wear and tear to vehicles,
satisfying taxpayers and reducing exposure to liability.
1.4 Proiect Breakdown and Costs
Concession Rd. #6 From Enfield Rd., easterly to Solina Rd, $580,000
Concession Rd. #7 From approx. Vannest Rd., easterly to $1,335,000
Old Scugog Rd.
(including bridge structure #99037
Total Project Costs $1,915,000
941
Report #EGD-035-05
Page 5
2.0 CONCLUSION
The total funding allocated by the Province to the Municipality of Clarington under
the 2008 Municipal Road and Bridge Infrastructure Investment program is
$1,913,794.00. Therefore, based on the project values, condition data,
geographic location and the increasing traffic volumes on both Concession Road
6 and Concession Road 7, it is recommended that we use the Provincial funding
for the above mentioned projects. At the time of writing of this report, the funds
are due to be received at any time along with further reporting and accountability
requirements. However, timing is of the essence to obtain Council approval in
order to not miss the 2008 construction season. The Director of Finance and the
Director of Operations concur with the contents of this report.
Attachments:
Attachment 1 - March 31 , 2008 Letter from MTO
Attachment 2 - Report FND-01 0-08
Attachment 3 - Project area map
942
{
I
Ministry of
transportation
Office of the Minister
Ferguson Block, 3rd Floor
n Wellesley St. West
Toronto, Ontario
M7A 1Z8
416 327-9200
www.mto.gov.on.ca
MAR 3 1 2008
His Worship Jim Abernethy
Mayor
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1 C 3A6
Mini.... des
Tranaporta
Bureau du ministre
~clIfice Ferguson, ~ ~tage
n. rue Wellesley ouest
Toronto (Ontario)
M7A 1Z8
416 327-9200
www.mto.gov.on.ca
ATTACHMENT NO.: l
REPORT NO.: EGD-035-08
ltj
~
Orc.to
Dear Mayor Abernethy:
Re: 2008 Municipal Road and Bridge Infrastructure Investment
As announced in the 2008 Provincial Budget, I am pleased to advise you that the Municipality of
Clarington has been approved to receive funds in the amount of $1,913,794 towards your
municipal road and bridge capital investment needs,
Addressing municipal road and bridge capital investment needs is an important part of
maintaining and improving the province's transportation network, economic success and
Ontarians' quality of life. To this end, the approved funds will be transferred to you by June 3D,
2008, at which time the province will also provide details on reporting requirements and other
accountability related requirements, These requirements will include as a minimum a
description of the types of eligible eXpenditures for which the funding is intended, and
l'equ/rement ft:Jr fitnllafreporfOirnow-thefLlndswereusid, In addition, the province reserves
audit rights to ensure that funds were used for the purpose intended and to recover funds if it is
determined that they were not used, or will not be used for the intended purpose.
The province also requests the following additional information:
> An authorizing bylaw/council resolution from the Municipality of Clarington which should be
dated no later than April 30, 2008. The bylaw/council resolution should reference:
· That the $1,913,794 allocated to the Municipality of Clarington by the province will be
used for municipal road and bridge capital investment needs;
· That a final summary report detailing expenditures, use of provincial funding, and
outcomes achieved shall be submitted to the ministry and the ministry may request an
independent audit of the.projed; and
· Any funds intended for the project that are not used in accordance with rehabilitation of
municipal road and bridge capital investment needs or the terms outlined above will be
returned to the minislly. p~
APR 2 200~..12
MUNICIPALITY OF CLARINGTON
FINANCE 943
1503
ATTACHMENT NO.: t
REPORT NO.: EGD-035-08
QlJ!il1glon
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday April 14, 2008
Resolution #:
Report #: FND-010-08
File #:
By-law #:
Subject:
2008 MUNICIPAL ROAD AND BRIDGE INFRASTRUCTURE INVESTMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-010-08 be received;
2, THAT the Municipality confirms that the $1,913,794 allocated to the Municipality of
Clarington by the Province of Ontario will be used for municipal road and bridge
capital investments needs;
3, THAT the Municipality agrees to provide ,a final summary report detailing
expenditures, use of provincial funding and outcomes received and acknowledges
that the Ministry of Transportation may request an independent audit of the project;
4. THAT the Municipality of Clarington acknowledges that any funds intended for the
project that are not used in accordance with the rehabilitation of municipal roads and
bridge capital investment needs or the terms of the grant funding will be returned to
the Ministry in accordance with the tenns of the grant funding;
5, THAT the Mayor and Clerk be authorized to sign any necessary by-laws to receive
this funding;
6, THAT this report be copied to Jim Bradley, Minister of Transportation; and
7, THAT Dalton McGuinty, Premier of Ontario, Jim Bradley, Minister of Transportation
and John O'Toole, MPP Durham, be thanked for this much needed funding for
infrastructure for the Municipality of Clarington.
Submitted by:
Nancy 1: ylor, .'A., C,A.,
Director of FinancefTreasurer
"
Reviewed bb ~-~
Franklin Wu,
Chief Administrative Officer.
NT /hjl
944
1501
REPORT NO.: FND-010-08
PAGE 2
BACKGROUND:
1.0 The 2008 Ontario Budget announced that the Province would provide $400
million for municipal roads and bridges capital investment needs outside of
Toronto.
1.1 In a letter dated March 31, 2008 (Attachment "A"), the Municipality of Clarington
received notification that it has been approved to receive funds in the amount of
$1,913,794 ~owards municipal road and bridge capital investment needs,
1.2 A condition of the funding as outlined in the attached letter includes a council
resolution acknowledging certain conditions; The purpose of this report is to
comply with this request by the April 30, 2008 deadline.
CONCLUSION:
2,0 It is recommended that the general conditions be agreed to by Council in order to
secure the one-time provincial funding. A further report will be forthcoming to
Council to authorize the projects to be undertaken.
Attachments:
Attachment "A" -letter from Ministry of Transportation
Interested Parties:
Jim Bradley, Minister
Ministry of Transportation
Office of the Minister
Ferguson Block, 3rd Floor
77 Wellesley St. West
Toronto, Ontario M7A 1Z8
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-411)9
945
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CliJ!illgton
REPORT
Meeting:
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
JULY 7,2008
Report #: ESD-011-08
File #
10.12.6
By-law #
Subject:
RESIDENTIAL SPRINKLERS - CORRESPONDENCE FROM CITY OF
MISSISSAUGA
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-011-08 is received for information; and
2. THAT the resolution passed by the City of Mississauga, with respect to residential fire
sprinklers, be received by Council.
/I
Submitted by: ~j '- tJ ~-
GOrdon eir, AMCT, CMM111
Director of Emergency & Fire Services
.' \ 1'_" ..,...,
<.0 ~--=:-LUl-L
Reviewed by:
Franklin Wu,
Chief Administrative Officer
GW:sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6SP~0 1
ESD-011-08
Page 2
BACKGROUND
At a meeting held on April 21, 2008, the Council of the Municipality of Clarington approved
resolution #GPA-267-08 "THAT Report ESD-005-08 be tabled for further investigation from staff
respecting the statistics on the age of the homes."
At that meeting the question was raised, whether fire death statistics could be attributed to the
age and type of construction of houses.
REPORT
Statistics that are collected by the Office of the Fire Marshal show that during the period of 1995
and 2007 there were 894 fatal fires in the Province.
In 1975 hard wired smoke alarms became law.
According to the statistics for the period 1995 to 2007, there have been 227 fatal fires in the
Province, in homes built after 1975. As of June 23, 2008 there have been 39 fatal fires with a
total of 49 fatalities.
Also, as captured in these statistics, there were 198 fatal fires in houses built prior to 1945 and
in the period between 1945 and 1975 there were 385 fatal fires.
There is no real conclusive evidence to suggest that the age of the house and the type of
construction puts you at a greater risk.
Smoke alarms became law in 1975 and we still see a high number of fires and fire deaths.
Construction types and methods have changed over this period; however, as you can see fatal
fires continue to occur.
Since 1975 fatal fires have been reduced but this has been attributed to hard wired smoke
alarms becoming mandatory, continued education with regard to battery operated smoke alarms
and more recently legislation requiring smoke alarms on each floor of the home. However, the
numbers are still high.
Recently, amendments have been made to the Ontario Building Code that will require fire
sprinklers in multiple unit residential buildings over (3) storeys in height. These amendments
are to com7 in effect April 1 , 2010.
I have also attached a position paper of the Ontario Association of Fire Chiefs, which
organization supports the Ontario Building Code amendment and further changes that all new
residential dwellings require the installation of residential fire sprinklers as set out in Bill 72,
Municipal Residential Sprinkler Act 2008.
RECOMMENDATIONS
It is respectfully recommended that the attached resolution passed by the City of Mississauga,
with respect to residential fire sprinklers, be received, that Council and building staff monitor the
possible passing of Bill 72. Should this occur, it would grant municipalities the ability to enact
by-laws requiring fire sprinkler systems in all new residential buildings.
Attachments: Letters from City of Mississauga dated February 5, 2008.
Ontario Fire Marshall Residential Fatal Fire Statistics.
Ontario Association of Fire Chiefs position paper on residential sprinklers.
1102
"."\
oY: MISSIS&-
.J.. . ~~
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(j "?
AGENDI\
'OBfEB13 PI112~46~40
. OFFICE OFTHE MAYOR
February 5,2008
The Honourable Rick Bartolucci
Minister of Community Safety & Correctional Services
25 Grosvenor Street, 18th Floor . .
Toronto, Ontario
M7A 1Y6
Dear Mr. Minister:
Re: Residential Fire Sprinklers
The Corporation of the City ofMississauga at its meeting on January 30, 2008, adopted the.
attached Resolution 0013-2008 resulting from concerns expressed by City Council that the Province
of Ontario is the only provincial jurisdiction in Canada that does not require residential fire
sprinklers in high-rise.residential buildings, The safety of the citizens in Mississauga'and in Ontario
as a whole is paramount and fire sprinklers have proven to save lives.
The Solicitor GeD:eral for Ontario is responsible for the inclusion of safety regulations for
new buildings under the Ontario Fire C~de. I am also writing to the Minister of Municipal Affairs
and Housing to request that the requirement for residential sprinklers be included in the Ontario
Building Code Act. I would strongly recommend that the requirements for residential sprinkler
protection be included in the Ontario Fire Code at the earliest opportunity. .
I look forward to your response in !?is regard.
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Canadian Association of Fire Chiefs
Ontario Association of Fire Chiefs
Mississauga MPPs
Association of Municipalities of Ontario
All member municipalities in the Greater Toronto Area
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THE CORPORATION OF THE CITY OF MISSISSAUGA
300 CITY CENTRE DRIVE, MISSISSAUGA, ON L58 3C1
TEL: 905-896-5555 FAX: 905-896-5879
mayor@mlsslssauga.ca
Ontario Association of Fire Chiefs
Position Paper
Residential Fire Sprinklers
The Ontario Association of Fire Chiefs (OAFC) supports changes to the Ontario Building
Code to require that all new residential dwellings require the installation of residential
fire sprinklers. The OAFC believes that the requirement for residential fire sprinklers will
save lives, will reduce serious injuries to people and will reduce property damage to
homes throughout Ontario.
Many lives continue to be unnecessarily lost in residential occupancies due to fire.
Based on statistics from the Ontario Office of the Fire Marshal, there were 81 lives lost
in fires in Ontario in 2006. Many of these lives may have been saved had their homes
been protected with automatic sprinklers. While smoke alarms have had a significant
impact on reducing the number of fatalities over the past 10 years, the National Fire
Protection Association reports that a combination of fire sprinklers and smoke alarms
can cut the risk of dying in a home fire by about 80%. The presence of automatic
sprinklers would also serve to reduce risks faced by firefighters when fighting fires in
buildings constructed from lightweight engineered wood framing systems.
Fire Departments are committed to achieving a high level of public safety.
Residential sprinkler systems in residential occupancies will:
. Save many lives
. Significantly reduce property loss
. Reduce the impact on the environment due to limited release of toxic and other
hazardous combustion products
. Reduce some construction costs due to offsets
The Spread of Fire and Vulnerable Victims:
Flashovers in home fires lead to many of the injuries and deaths in residences. Over
the years, increased use of combustible furnishings in homes has reduced the period of
time between the start of a free-burning fire and flashover to between 2.2 and 4.3
minutes. This means that flashover can easily occur in a home fire prior to the arrival of
Fire Services. Residential sprinklers suppress the fire before flashover occurs.
Fatal residential fires most often occur between the hours of midnight and 6:00 am,
when victims are asleep. Victims are disproportionately children and the elderly
because they are physically less capable of escaping. When a fire occurs, occupants of
1104
a house may not be able to respond to smoke alarms and escape in the few minutes
before flashover occurs.
Ontario Building Code Does Not Mandate Residential Fire Sprinklers:
The Ontario Building Code (OBC) provides uniform minimum standards for the
construction of buildings and is enforced by municipalities. Provisions to make
sprinklers mandatory in high-rise residential construction are not included in the Code.
Such requirements are in force in the rest of Canada.
The Ontario Building Code (OBC) contains comprehensive minimum requirements to
protect buildings and their occupants from the potential of fire. It is estimated that over
half of the provisions of the OBC are related to fire protection. Various provisions of the
Code intersect and inter-relate to each other to provide this protection. These include
design standards (e.g. path of travel to exits), requirements related to assemblies and
materials' fire rating, fire detection and alarm systems, smoke detection and alarm
systems, emergency systems (e.g. standpipe and hose), and fire suppression systems,
such as sprinklers.
The OBC also contains "trade-off' provisions that allow for the reduction of some
construction requirements, permit an increase in travel distance to building exits and
increase the permitted area of a building when sprinkler systems are installed. The
installation of automatic sprinkler systems permit waiving certain smoke control
measures and sprinklers can be used in lieu of fire detectors. Construction cost savings
can be found based on the "trade-off' provisions.
Fire Sprinklers are an Added Layer of Protection to Smoke Alarms:
A review of fatal fire data over a three-year period in the Province of Ontario found that
in the 52,990 fires that occurred, 43% of smoke alarms did not work (usually due to a
dead or missing battery/power source). In 197 fatalities, 67% of the alarms were not
connected to power and 5% were remote or separated from the place of fire. The
following provides an overview of the limitations of smoke alarms:
. A smoke alarm may not function due to improper location, age, or being located
too far from the smoke or fire location
. They may not detect fires in a remote area, in chimneys or walls, on roofs, or on
the other side of closed doors
. Units which meet standards may not be audible through closed doors, above
other activities, or by hearing or otherwise impaired individuals or sound sleepers
. Smoke alarms may not have time to activate before fire itself causes damage,
injury or death
. Due to the location or nature of the fire, smoke may not reach the unit
immediately
. Smoke alarms are not foolproof
. Smoke alarms have a limited life span and need to be replaced every ten years
. Smoke alarms cannot operate without power
2
1105
Smoke alarms alone cannot get the job done. The logical next step is to introduce
residential fire sprinklers in order to create safe homes. Residential fire sprinklers will
extinguish smoke and fire in homes before it spreads to deadly proportions. Without
containment there can be extensive damage to life, property, and the environment as
well as the risk of the spread of fire in built up cities and towns.
Addressing the Risks:
Residential fire sprinklers are a logical response to fire risk. Because the large majority
of fire deaths and injuries occur in residential fires, fire protection measures which target
residential properties have the potential to prevent injuries and save lives.
Residential fire sprinklers to suppress fires complement the early warning capabilities of
smoke alarms and other required fire suppression and containment measures. When a
fire starts, the heat sensitive element in the sprinkler detects heat and releases water in
a fine mist. Each sprinkler head responds independently. The sprinkler suppresses or
extinguishes fire, preventing its spread and preventing the production and spread of
lethal smoke. The questions and answers section at the end of this paper clearly
outlines the myths and realities of residential fire sprinklers.
Proven that they save lives:
Many jurisdictions in North America have adopted requirements for fire sprinklers in
residential buildings. With the exception of Ontario, sprinklers are required in high-rise
residential buildings across Canada. In addition to provincial requirements, Vancouver
has adopted by-laws requiring sprinklers in all new residential buildings (including low
density housing), under the City's statutory authority in British Columbia.
Over 220 jurisdictions in North America have adopted requirements for residential fire
sprinklers in residential buildings.
Reviews of effectiveness in Vancouver, B,C. and Scottsdale, Arizona:
There have been reviews of the effectiveness of residential fire sprinklers in two large
North American jurisdictions, one in the United States and the other in Canada.
Scottsdale, Arizona has had a sprinkler ordinance in place since 1986, and Vancouver,
British Columbia has had a by-law since 1990. Both require all new residential
developments to be sprinklered. Since the regulations in each jurisdiction came into
effect, there have been no fire deaths in sprinklered homes, and over 90 percent of all
fires in these homes were contained by the operation of a single sprinkler.
The cost of fire damage or loss has also been significantly reduced. In Scottsdale, the
damage in the average sprinklered incident was $2,166.00 compared with $45,019.00
in homes without sprinklers. The Vancouver experience has been similar. The average
3
1106
fire loss in a home with sprinklers was $1,065.00 compared with $13,937.00 in a home
without sprinklers.
Cost of Installation of Sprinklers:
Fire Service leaders suggest that the range of cost to install residential fire sprinklers is
$1.50 to $3.00 per sq. ft., depending on the size of the units. It is estimated that
savings on property insurance for units with sprinklers can range from 10% to 15%.
The Canadian Automatic Sprinkler Association (CASA) reported as of April 2007 that
there were approximately 400-450 residential dwelling units voluntarily being sprinklered
throughout the City of Toronto based on the accepted NFPA 13D. CASA reported that
the price to the builder was on average $1.50 per sq. ft., which is approximately
1 % to 1.5% of construction cost. The installation of additional units in one residential
building or throughout a subdivision would reduce the cost per unit.
Conclusion and Recommendation:
The Ontario Association of Fire Chiefs joins the Canadian Association of Fire Chiefs
(CAFC) and the Canadian Council of Fire Marshals and Fire Commissioners
(CCFM/FC) in supporting the need for residential fire sprinklers in all residential
occupancies - single and multi residential dwellings including hi rise buildings.
The OAFC supports and advocates for amendments to the Ontario Building Code to
require that all new residential dwellings require residential fire sprinklers. The
requirement for residential fire sprinklers will save lives and serious injuries to people
throughout Ontario.
4
1107
Myths and Realities of Residential Fire Sprinklers
Question: Do sprinklers go off accidentally?
Answer: No. The odds of a sprinkler going off by accident because of a manufacturing
defect are 1 in 16 million. You have a better chance of being hit by lightening than for a
properly installed residential fire sprinkler to go off by accident.
Question: What about water damage?
Answer: One of the myths about sprinklers is that they will cause significant water
damage. While this may seem logical (after all, they spray water), fire records show
that the reverse is actually true. Here is why:
A residential fire sprinkler typically discharges less than 20 gallons per minute in a fine
spray that is quite efficient at fire extinguishment. A firefighter's hose line on the other
hand discharges more than 200 gallons a minute. In general, a sprinkler system will
use between 1/1 Oth and 1/1 OOth of the water used by the Fire Department. The
combination of the sprinkler's quick response, the smaller water flow and lower pressure
will significantly reduce water and property damage.
Question: Will fire sprinklers leak?
Answer: No. Sprinklers and their piping are tested at the pressures two to three times
higher than your plumbing system, even though they use the same pressure as your
plumbing. Therefore, the chance of a leaking sprinkler is practically non-existent. Like
your plumbing pipes, sprinkler pipes are not exposed to cold areas so they are
protected from freezing. They do not leak because, unlike faucets and other fixtures
that are operated often throughout their lives, fire sprinklers remain closed until needed
and thus do not receive the wear and tear of daily use.
Question: Aren't they unsightly?
Answer: Residential fire sprinklers are much smaller than ones that you see in stores
and offices. All residential models come in colors to match popular ceiling and wall
colours, and manufacturers will even custom-paint them for you. Many models are
partially recessed into the ceiling with about % inch - % inch below the ceiling.
If you want them completely recessed, these models are also available. A cover plate
that is painted to match the ceiling hides them. The cover is held in place by a metallic
link that melts in a fire and exposes the sprinkler. It is common to find that visitors do
not notice the sprinklers at all unless you point them out, even the ones that are not
recessed into the ceiling.
5
1108
Question: How do sprinklers operate?
Answer: Fire sprinklers are individually heat-activated and connected to a network of
water pipes. When the heat from a fire raises the sprinkler to its operating temperature
(usually 1650F), only that sprinkler activates delivering water directly to the source of the
heat.
Question: Won't they all go off together?
Answer: No! Each sprinkler reacts individually to a fire, so only the sprinkler nearest
the fire will open. If t~at is not sufficient to control the fire then the next nearest will
open, and so on. In over 95 percent of cases only one sprinkler operates and this is
enough to control or extinguish the fire.
6
1109
Q residential fatal fires 1995- 2007 Structure construction date
Residential
Residential
Residential
Residential
Residential
Residential
to 1945
945-1975
1975
after 1975
applicable
8
251
449
274
78
12
Page 1
17/04/2008
1110
Clw:.-illgton
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
Resolution #:
Report #: CSD-016-08
File #:
By-law #:
Subject:
DISSOLUTION OF TOTAL HOCKEY
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report CSD-016-08 be received and approved;
2. THAT a Request for Proposal be issued for the sale of the Total Hockey
Transferred Assets and Total Hockey trademark;
3. THAT the Total Hockey Loaned Assets be offered to Brian McFarlane in
return for a release and indemnity agreement satisfactory to the
Municipality's Solicitor. A search for the lawful owner of Total Hockey
Loaned Assets be undertaken if Brian McFarlane is unwilling to accept the
return of the Loaned Assets on these terms;
4. THAT assets acquired (purchased or donated) by the Municipality of
Clarington for the "Local Heroes of Hockey" display be retained by the
Municipality for display in Clarington; and
5. THAT any revenue received from the sale of Total Hockey assets be
deposited into the Community Services Refurbish Reserve Fund Account
#560-00- - 000-6760.
/
Reviewed bO
Franklin Wu
Chief Administrative
Officer
Submitted b
JPC/sm/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1201
REPORT NO.: CSD-016-08
PAGE 2
1,0 BACKGROUND
1.1 In an agreement dated October 29, 2003 between Brian McFarlane, Joan
McFarlane, Brian McFarlane Hockey Museum Inc., and Sports Family
Limited (collectively called "McFarlane") and the Municipality of Clarington,
the Municipality of Clarington purchased approximately 1,300 hockey
artifacts, the right to display further items loaned by McFarlane, the use of
the name 'Brian McFarlane' in conjunction with the marketing of the
museum, the assistance of Brian McFarlane for 3 years in publicizing the
museum and the assistance of Brian McFarlane for 3 years in securing
appearances by hockey players at the museum. In addition, the
Municipality assumed an exhibition licence allowing use of the name,
image and videos of the Peter Puck character in association with Total
Hockey.
1.2 A 5,000-sq. ft. addition was built on the south side of the Garnet B.
Rickard Recreation Complex to house a museum called Total Hockey,
along with an adjoining gift shop. Barry-Bryan & Associates was hired as
the architect, while GSM Design was secured to design and construct the
museum displays. Total Hockey was opened to the public on October 29,
2006. After not achieving financial targets set out in the business plan,
staff was directed by Council to close Total Hockey at the conclusion of
business February 29, 2008.
2,0 DESCRIPTION OF ARTIFACTS AND EXHIBITION LICENCE
2.1 The collection of artifacts, numbering approximately 1,300, is comprised of
items relating to hockey's history including, but not exclusive to, sticks,
skates, jerseys, magazines, cards and approximately 700 photos.
2.2 The agreement of purchase and sale divides the Total Hockey assets into
three separate categories. In order to ensure that the Municipality deals
with the items in each category appropriately, a legal opinion was obtained
through the Municipality's Solicitor. Below is an outline of the assets by
category:
2.2.1 Transferred Assets - Are the vast majority of the collection purchased
from McFarlane with full ownership of the asset transferring to the
Municipality. With these assets, the Municipality may, without any
permission from McFarlane, dispose of the assets and appropriate the
sale price.
2.2.2 Loaned Assets - As a part of the McFarlane collection there are 10
artifacts that are on loan to the Municipality. With these assets the
Municipality may, without permission from McFarlane, assign its right in
the Loaned Assets and determine the assignment price.
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REPORT NO,: CSD-016-08
PAGE 3
However, the Municipality should ensure that the assignment is to a party
that will preserve the memorabilia and return them to the owners upon
lawful request. If the lawful owner of the memorabilia requests its return,
then each of McFarlane, the Municipality and the subsequent assignee
likely will be responsible to ensure the return of the memorabilia to the
lawful owner.
2.2.3 Exhibition Licence - Included in the agreement of purchase and sale was
an Exhibition Licence for the use of the Peter Puck name, image and
videos in conjunction with Total Hockey. The agreement limits the
exercise of this Exhibition Licence to a hockey museum in Clarington.
3.0 ISSUES
3.1 TOTAL HOCKEY TRANSFERRED ASSETS
3.1.1 All but 10 of the artifacts fall into the Transferred Assets category. For
these items the Municipality is free to sell or donate these artifacts to an
individual or organization collectively as a package, in lots (sticks, photos,
and magazines) or individually.
3.1.2 Since the closure of Total Hockey staff has received several inquiries
about the collection and the Municipality's intent with respect to these
artifacts. The Municipality has received two offers of a "home" for the
entire collection that would see the collection remaining on display in
another existing facility, namely, Dartmouth Sports Hall of Fame and
Hockey Heritage North. In both cases, interested parties were looking for
the collection to be donated or loaned with recognition in the facility to the
Municipality of Clarington.
3.1.3 The Municipality has also received several inquiries about the collection
from potential purchasers and collectors in the business of selling sports
memorabilia.
3.1.4 To date staff has not formally solicited proposals for the collection and is
recommending issuing a Request for Proposal for the Transferred Assets
of the Total Hockey collection. This would ensure an opportunity for all
interested parties to put forth a proposal with the details required for
Council to make a well-informed decision on the future of the artifacts.
3,2 TOTAL HOCKEY LOANED ASSETS
3.2.1 At the time of purchase, the collection included 10 items loaned by
Brian McFarlane to Total Hockey for display. These items were noted
1203
REPORT NO,: CSD-016-08
PAGE 4
on the "List of Inventory, July 2003" supplied by Brian McFarlane with
an asterisk (*):
1) Gordie Howe hockey stick
2) Dennis Hull hockey stick autographed by members of Team
Canada 1972
3) Ted Kennedy hockey stick, autographed by Maple Leafs team
4) Billy Nicholson goalie stick from Montreal AM Stanley Cup win in
1902
5 & 6) Hand-painted goalie sticks
7) Doug Favell goalie skates
8) Replica Gerry Cheevers goalie mask
9) Replica Montreal goalie mask
10) Replica Toronto goalie mask
3.2.2 While the Municipality does not have the rights to sell the Loaned Assets,
the Municipality may assign its rights to another party but will continue to
carry liability with respect to ensuring at such time when the lawful owner
requests the return of an item that this occurs and that the condition of the
artifact has been preserved. Any such assignee should be required to
financially support his indemnification of the Municipality by way of
providing security or otherwise. This may limit both the pool of suitable
assignees and the value of the Loaned Assets.
3.2.3 The Municipality could also seek to return the Loaned Assets to
McFarlane in return for a release and indemnity agreement satisfactory to
the Municipality's Solicitor. The agreement would address responsibility
for the Loaned Assets. McFarlane would have to agree with the
Municipality to accept the return of the Loaned Assets on these terms.
3.2.4 Finally, the Municipality may sell the Loaned Assets if the Municipality
provides notice to the owners that storage charges for the assets must be
paid and the assets must be picked up within a specified time which must
be reasonable. If the owner does not do so, the Municipality may proceed
to realize upon the asset by selling it in compliance with applicable
legislation. The difficulty with this option is determining the owner of the
asset who is the proper party to give the notice to.
3.2.5 After review and consideration of the options staff recommends returning
the Loaned Assets to Brian McFarlane in return for a release and
indemnity agreement satisfactory to the Municipality's Solicitor. This
would address the possibility of future exposure to liability of the
Municipality. Should Brian McFarlane be unwilling to accept these items
on these terms, staff is recommending the search for the original owners
be undertaken and a process to return the items to the lawful owner be
pursued.
1204
REPORT NO,: CSD-016-08
PAGE 5
3.2.6 On April 29,2008 staff received correspondence from Brian McFarlane
requesting that the Municipality allow him a 4 to 6 month option to
purchase the collection for the purposes of re-selling. This period of time
would allow Mr. McFarlane the opportunity to pursue other parties that
may have interest in purchasing the collection in its entirety. The benefits
of this option as described by Mr. McFarlane would be:
- his multitude of contacts in hockey
- his current ownership of Peter Puck and licence
- . the current Loaned Assets would in most cases stay with the
museum, potentially increasing its value
Should Council choose to pursue this option Mr. McFarlane has requested
that the Municipality determine its asking price for the collection.
3.2.7 It is the opinion of staff that a RFP will generate the "best offer" in the
market. Should Brian McFarlane wish to submit a proposal or any
assistance he could provide ensuring potential purchasers are aware that
the Municipality is seeking proposals would be encouraged.
3,3 EXHIBITION LICENCE (Peter Puck)
3.3.1 The agreement of purchase and sale between McFarlane and the
Municipality did include a limited exhibition licence for Peter Puck. At that
time the agreement between McFarlane and the Municipality was that use
of the Peter Puck video and image was only in connection with the
museum located in the Municipality of Clarington.
4.0 TOTAL HOCKEY OFFICIAL MARK/OFFICIAL DESIGN REGISTRATION
4.1 At the June 16th GPA meeting Council received report COD-36-08. At that
time Council referred the report back to staff for consideration concurrently
with the disposal of the artifacts.
4.2 It is proposed that the Total Hockey trademark be made available to
interested proponents through the RFP process. The design of the RFP
will allow for the award of the Total Hockey trademark independent of the
artifacts or as a package with the artifacts.
5,0 FIXTURES/FURNITURE
5.1 In addition to artifacts, there are many items that for the purpose of this
report will be described as fixtures or furnishings. Fixtures or furnishing
are generally items that were used within Total Hockey but are not
considered artifacts (desks, cabinets, lighting, audio visual).
1205
REPORT NO.: CSD-016-08
PAGE 6
5.2 The disposal of fixtures and furnishings would follow the requirements of
the Purchasing By-law 2006-127 as described in Section 14. Section 14
states that the Purchasing Manager is authorized to determine the
appropriate method of disposal of surplus or redundant goods and
materials.
6.0 GIFT SHOP
6.1 Currently the Total Hockey gift shop remains open with merchandise
discounted 40% off retail prices. Effective July 15, the discount will be
increased from 40% off retail to 60% off, and remain that way through the
start of the next school semester and hockey season, concluding after the
Thanksgiving Weekend, October 12, 2008. At such time when
renovations begin for a new tenant for the Total Hockey space, remaining
merchandise would be distributed to various Community Centre reception
desks, Pro Shops and Concessions for sale.
6.2 The disposal of remaining gift shop items would follow the requirements of
the Purchasing By-law 2006-127 Section 14.
7.0 MISCELLANEOUS ITEMS
7.1 Total Hockey had two multi-year sponsorship agreements with an annual
payment schedule. The Total Hockey sponsors are ReMAX Spirit Realty
and the Don Breen Family. The sponsors have agreed that both
sponsorship agreements and sponsor benefits for the 2008 year will be
made available to the Clarington Sports Hall of Fame by the Municipality.
7.2 Since the opening of Total Hockey there were several memorabilia items
acquired on a temporary basis from various community members. These
items generally had a local hockey flavour or significance. Since the
decision to close Total Hockey, all items that were documented as "on
loan" to Total Hockey from the community have been returned to the
lender.
7.3 Total Hockey had two Tourist Oriented Directional (TOO) signs, one in
each direction of the 401. The TOO signage was under contract for a two
year period, and does not allow for re-assignment of the space to another
attraction. The Total Hockey TOD signs were removed on or about March
1st, The Municipality's initial request for a refund of the second year fees
has been denied, however, the Communications & Tourism Division are
pursuing this matter through the Ministry of Tourism and the local MPP.
1206
REPORT NO,: CSD-016-08
PAGE 7
7.4 The Total Hockey website (www.total-hockev.ca) will remain operational
until the Total Hockey assets are sold or January 16, 2009 when the
domain name expires. Currently, the site is being used to promote gift
shop sales and will be used to provide information on the sale of artifacts
and pending RFP process.
Attachment #1: Confidential Attachment
Interested Parties To Be Advised of Council Decision:
Clarington Museums & Archives
Classic Collectibles
Dartmouth Sports Hall of Fame
Peter Delisle
Cheryl Finn, Tourism London
Frozen Pond Collectibles
Glory Days
Hockey Hall of Fame
Hockey Heritage North
Brian McFarlane
Angelo Santelli
Segal Licensing
1207
Cl!Jlmgtnn
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
Report #: CSD-017 -08
Resolution #:
File #:
By-law #:
Subject:
GRANT REQUEST-EVENT TO ASSIST PEOPLE DISPLACED BY
BOWMANVILLE FIRE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-017-08 be received;
2. THAT Council consider the request for funding from Ms. Joan Winters under the
Municipal Grant Program; and
3. THAT Ms. Joan Winter be advised of Council's decision.
Submitted by:
Reviewed bY:U~~ ~
Franklin Wu
Chief Administrative Officer
J PC/SC/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1208
REPORT NO,: CSD-017-08
PAGE 2
1,0 BACKGROUND
1.1 On May 26, 2008, Council received a letter from Ms. Joan Winter, requesting
assistance from the Municipality in providing a facility for the fundraising event
"Communities Helping Communities" which she was organizing to support
individuals displaced by the Bowmanville fire of April 29, 2008. Ms. Winter
further requested that the Municipality waive all fees associated with the rental of
a facility. The matter was referred to the Municipal Grant Program, through the
Director of Community Services.
2,0 COMMENTS
2.1 Staff contacted Ms. Winter to discuss the details of her request. She indicated
that she would require a hall with a stage, similar to the Garnet B. Rickard Multi-
Purpose Room, which could accommodate at least 150 people.
2.2 Ms. Winter has identified a preference for a Thursday or Friday evening in
September for the event. At the present time, Friday, September 5th is the only
Thursday or Friday evening available at the Garnet B. Rickard Recreation
Complex in September. Rental of the full hall would be $638.91, plus a $31.63
SOCAN fee which is mandatory when musical entertainment is involved. The hall
is presently on hold, pending the decision of Council.
2.3 Refreshments in the form of coffee, tea and baked goods would be available;
there would be no alcoholic refreshments served.
2.4 To date, the Toastmasters, the Horseless Carriagemen Barbershop Group
and the Sweet Adeline's have all agreed to waive their performance fees pending
their availability on a date to be determined. Other local entertainment will also
be encouraged to participate in the program by donating their time and services.
2.5 As the request deals specifically with the waiving of rental fees on a Municipal
facility, the applicant was not requested to complete an in-depth Application for
Municipal Grant. Her written request has been included as Attachment #1.
2.6 Staff have reviewed the request and interpret that it is in line with the "spirit" of
the grant program. Although criteria #12 states "Fund raising organizations or
organizations that make charitable donations to other organizations are not
eligible to apply" (for a municipal grant), upon review of this request Ms. Winters
is not requesting a financial contribution from the municipality, rather the waiving
of facility rental fees that would allow her to hold an event for the purpose of
assisting families displaced by the April 29th fire in downtown Bowmanville. (see
Attachment #2)
1209
REPORT NO,: CSD-017-08
PAGE 3
2.7 The total rental fee of $670.54 could be funded through the Social Category of
the Municipal Grant Program, which presently has a balance of $3,200.00.
Interested party to be advised of Council's decision:
Ms. Joan Winter
Attachments:
Attachment #1- Request from Ms. Joan winter
Attachment #2- Municipal Grant Program Eligibility Criteria
1210
CSD-017 -08 Attachment #1
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MAY 09 2008
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, OBM"Y
MAY 7, 2008
Your Worship, Jim Abernathy:
Weare writing to you today to seek your assistance in helping us find a
facility in Bowmanville for hosting an event that will help aid those
people displaced by the tragic fire in downtown Bowmanville April 29.
Weare also requesting that you waive all fees associated with this event.
The events we are planning will be called Communities helping
Communities. All monies raised from this event would be given to the
families who lost so much in the fire. The group's involved in staging
this fundraiser include the Toastmasters, the Horseless Carriagemen,
the Sweet Adeline's and other entertainment groups as we ask people to
come on board. We have the talent and the desire to raise money for
those citizens who lost so much. Everyone involved will be donating his
or her services. I sincerely believe with your help we can accomplish a
small miracle.
Thank you for taking the time to read this letter.
Cordially,
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Joan Winter (Chairman of Communities helping Communities.
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CSD.017.08 Attachment #2
MUNICIPALITY OF CLARINGTON
DEPARTMENT OF COMMUNITY SERVICES
MUNICIPAL GRANT POLICY
Revised September 17, 2007
OBJECTIVE:
The Municipality of Clarington acknowledges the efforts of our local volunteer community and
believes that many services, events or projects are best provided through the volunteer
efforts of local community organizations.
The Municipality wishes to support local community organizations without eroding their
strength and independence and as such encourages them to work towards financial self
sufficiency. Applicants are further encouraged to pursue other opportunities for financial
support,
The Municipal Grant program provides financial assistance to those qualified organizations which
provide direct services, events or programs to the benefit of the residents of Clarington.
CRITERIA:
1) Organizations requesting financial assistance must be based within the Municipality of
Clarington or the Region of Durham.
2) Regionally based organizations must provide details demonstrating how their service directly
benefits the residents of Clarington.
3) Organizations must be volunteer based, or operate as not for profit.
4) Funding applications will be considered for operational expenses. Capital requests may be
considered as a one-time grant only (excluding Hall Boards/Community Centres).
5) Organizations that receive any form of other funding from the Municipality of Clarington are not
eligible to apply.
6) Applications for funding through the Municipal Grant Process must not exceed $5,000.00.
7) Applications requesting in excess of $5,000.00 will be referred directly to the budget process to
be dealt with on an individual basis external to the Grant Process.
8) Late applications or requests received subsequent to the current year's municipal budget
approval will be referred to Council for consideration, pending the availability of funds.
9) Organizations that provide services or programs that are the responsibility of another level of
government are not eligible to apply.
1
1212
10) Organizations with a political mandate, such as citizen Ratepayers Associations, are not
eligible to apply.
11) Organizations not in good financial standing with the Municipality of Clarington are not eligible
to apply.
12) Fundraising organizations or organizations that make charitable donations to other
organizations are not eligible to apply.
13) Applications must be leqible, completed in full, signed and include all required attachments. It
is important that Council has all of the required information to make informed decisions on the
allocation of grant funds
14) All successful applicants will be required to submit a year end accounting of all grant monies
received to ensure that the funds were used for the intended purposes.
FUNDING CATEGORIES
a) Recreation/Leisure Services:
This category is defined as those organizations offering athletic or leisure opportunities not
offered by the Municipality.
b) Civic:
This category is defined as those organizations providing events, or services promoting the
Municipality of Clarington (Le. Santa Clause Parade, Horticultural Societies, Historical Society
etc.)
c) Social:
This category is defined as those organizations offering specific service (other than recreational/leisure)
to residents of the Municipality of Clarington, which is not considered to be the responsibility of another
level of government.
d) Hall Boards/Community Centres:
This category is defined as a Hall Board or Community Centre that operates and maintains a
Municipally owned facility. (Please note grants will be considered for operational expenses only. Capital
requests must be referred to the appropriate municipal representative for consideration during annual
budget deliberations.)
2
1213
MUNICIPAL GRANT FUNDING FORMULA
To consider all eligible grants, the Municipality of Clarington will provide a funding formula of $1.00
per capita annually.
All unallocated funds will remain in the unallocated grant account for un-anticipated requests received
during the current year.
PUBLIC NOTICE
The Municipality of Clarington will provide public notice of the Municipal Grant Program twice each
year through local newspapers.
3
1214
CliJl.-!ngtnn
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
Resolution #:
Report #: CSD-018-08
File #:
By-law #:
Subject:
GRADE 5 ACTION PASS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-018-08 be received for information.
Submitted by:
Jos h P. Caruana
Dir tor of Community Services
Reviewed bY:cJ ~-: ~
Franklin Wu
Chief Administrative Officer
JPC/SM/EM/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1215
REPORT NO,: CSD-018-08
PAGE 2
1.0 BACKGROUND
1.1 Durham Lives! was formed in 1998 as a result of funding from the Ministry of
Health and Long Term Care. Durham Lives! promotes physical activity, healthy
eating and smoke-free living for a healthy community. Our working group
focuses on the Physical Activity component.
1.2 Representatives in the Physical Activity group are from the Municipalities of
Pickering, Ajax, Whitby, Oshawa and Clarington, as well as the Oshawa YMCA,
the Region of Durham - Health Department, Heart & Stroke Foundation, Oshawa
Senior Citizens' Centre and Metroland News Group.
1.3 Just over one third of children and youth meet the guidelines for optimal growth
and healthy development (Active Healthy Kids Canada, 2008). Children's
habitual physical activity levels are low, and more importantly, these levels
decline dramatically from childhood through adolescence. In addition to their
bodies changing and activity levels going down, adolescence is an age where the
children are becoming more independent and wanting to get involved in their own
activities, but at the same time they still have strong family ties, and want to be
involved in their family happenings.
1.4 Durham Lives! would like to target ten year olps with a Grade 5 Action Pass, to
generate interest in fun activity that may carry on into future years, maintain a
regular commitment to fun physical activity throughout their teens, as well as
help address the rising obesity and inactivity levels being experienced in this age
group.
1.5 The Durham Region Grade 5 Action Pass is being targeted to the Grade 5
demographic based on historical research findings on physical activity patterns.
Research has revealed that during the pre-teen ages of 11 and 12, a decline in
physical activity of teens begins. This trend can be attributed to hormonal
changes, rapid growth in the body, peer pressure, self esteem and confidence,
related to this age group.
1.6 The Durham Lives! Steering Committee has provided funding of $4,000 for the
implementation of a Grade 5 Action Pass this fall. The funds received will be
used for promotion of the program, as well as costs associated with providing
membership cards. The funds may not be appropriated to the municipalities for
fees.
2.0 GRADE 5 ACTION PASS
2.1 The objective of the Grade 5 Action Pass is to reduce financial barriers to youth
and promote participation by providing a free activity pass to get more youth
more active.
1216
REPORT NO,: CSD-018-08
PAGE 3
2.2 The pass will be offered to all students during the year they are in Grade 5 and
will run October 1 st of the year the student is in Grade 5 until August 31 st of the
following year. Program availability and schedule is to be determined by each
partner municipality/organization.
2.3 In Clarington, we will be opening up the Grade 5 Action Pass to include all public
swim and skate times, as well as, our basketball drop-in program (currently no
fee). There are many community benefits that can be realized by participating in
this program:
· Will assist in getting inactive kids off the couch or computer and into our
facilities creating a healthier community
· Will change lifestyle behaviours in children at an impressionable age whereby
they may choose to invest in themselves once they have moved beyond the
program by continuing to participate in future grades
· Will provide families for which fees may be a barrier to participation, an
avenue to participate in our facilities and activities
· Will encourage families as a whole to become more active by encouraging
participation in our facilities and programs with their Grade 5 child or sibling
2.4 While the program is not unique, it is based on the best practices of Kingston,
Lennox & Addington Counties which has provided a similar successful program
for the past few years. Their program has been so successful, they have
expanded it to include students in Grade 10 as well and is "on the radar" of the
Ministry of Health Promotion.
3,0 COMMENTS
3.1 The program's success will be evaluated by the number of participants that are
registered for the program. In Clarington, there will be approximately 1,200
Grade 5 students in the 2008/2009 school year. Our aim is for 60% of Grade 5
students in our municipality to redeem their pass and use it consistently
throughout the year which translates into 720 students.
3.2 The Durham Lives! Physical Activity Working Group will also conduct surveys pre
and post program. At the time of registration, the student will complete a survey
and again nearing the end of the program an online survey will be developed that
the students will be encouraged to complete to win a prize. We will also conduct
a progress tracking activity with the participants at the mid-way point to keep
them motivated to continue including physical activity into their daily routine.
3.3 While we do not have statistics for Grade 5 students currently participating in our
drop-in skate and swim programs, we are able to extract some information for
2006 and 2007 membership sales to youth who would have been in their Grade
1217
REPORT NO,: CSD-018-08
PAGE 4
5 year when the membership was purchased in order to. as~ess a~y budgetary
impact. Overall participation numbers are quite low, as indicated In the following
table.
CCC Pool 1 month 1 year 1 O-ticket Revenue
Membership
2006 0 0 9 $153.63
2007 0 1 4 $151.88
CFC Pool 1 month 1 year 10-ticket Revenue
Membership
2006 0 1 4 $144.93
2007 1 0 4 $ 80.18
NLP Pool 1 month 1 year 10-ticket Revenue
Membership
2006 3 0 0 $56.61
2007 0 0 0 $ 0.00
OPP Pool 1 month 1 year 10-ticket Revenue
Membership
2006 0 0 0 $ 0.00
2007 2 0 0 $39.62
RRC/SCA 1 month 1 year 1 O~ticket Revenue
Skate
Membership
2006 N/A N/A N/A N/A
2007 0 0 0 $0.00
TOTAL 1 month 1 year 10-ticket Revenue
2006 3 1 13 $355.17
2007 3 1 8 $271.68
3.4 Staff do not anticipate any significant budget impact as currently we believe
many of the children this pass would target are not participating in drop-in
recreational activities at our facilities, therefore not generating any revenue. It is
possible that we would expect a revenue increase as it is assumed the student
may participate with someone (friend, parent, sibling) who is not in Grade 5 and
who is not currently participating. It is also the end goal of this program that
students would continue to participate in activities well beyond their Grade 5
year.
3.5 This Grade 5 Action Pass will also assist the Municipality of Clarington in meeting
one strategy from the Community Services Business Plan, liTo expand
opportunities for children and youth to participate in quality sport and physical
activity" .
1218
Cl!!lmgtnn
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Resolution #:
Report #: CSD-019-08
File #:
By-law #:
Subject:
NEWCASTLE & DISTRICT RECREATION COMPLEX - FACILITY
UPDATE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-019-08 be received for information.
Submitted by:
Jjsf . arua
~ctor of Community Services
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eVlewe y:
Franklin Wu
Chief Administrative Officer
J PC/S M/GA/ J M/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1219
REPORT NO,: CSD-019-08
PAGE 2
1,0 BACKGROUND
1.1 At the September 25, 2006 meeting, Council awarded the construction of the
Newcastle & District Recreation Complex to Aquicon Construction Company Ltd.
in the amount of $15,065,884.00. Construction of the facility, designed by Shore
Tilbe Irwin & Partners, commenced in October 2006.
2,0 CONSTRUCTION UPDATE
2.1 Since construction began the project has progressed steadily, although the
schedule did encounter labour disputes during spring 2007 that resulted in a
schedule delay. At the time of this report, the project is approximately 95%
complete.
2.2 Based on the current progress of construction, staff are anticipating the building
to be substantially complete on July 18, 2008. At this point staff will have access
to the building and the contractor will continue to complete deficiencies and other
minor items. Subsequently, the facility should be fully completed by August 15.
2.3 At the time of preparation of this report, the pool tanks are full and pool
mechanical systems operational. The gymnasium flooring is currently being
installed.
2.4 The completion of the exterior grading and landscaping is ongoing and will be
completed during the summer months.
2.5 Separate to the facility construction, the Engineering Department will be
constructing a sidewalk along the west side of Rudell Road, from Highway #2 to
the Edward Street entrance to the facility. The project has recently been
awarded and work is expected to be completed in advance of the opening of the
building.
3.0 POST CONSTRUCTION ACTIVITIES
3.1 Upon access to the facility on July 18th staff will undertake a six week
program to prepare the facility for public use. The program will include the
completion of operational equipment commissioning and training, inspection and
approval to open the pools and water slide by Durham Region Public Health
and Technical Standards & Safety Authority (TSSA), facilities and aquatic staff
training, data/phone system installation and the delivery and set up of office
furnishings and equipment, program and aquatic supplies.
3.2 Based on accessing the facility July 18th, staff are planning to have the facility
unofficially open to the public on September 2nd. At that time an abbreviated
schedule of public programs will be offered. Full programming in recreation,
1220
REPORT NO,: CSD-019-08
PAGE 3
aquatics and fitness will commence with the fall program schedule on September
20th.
3.3 During this post construction period, the department will be finalizing all staffing
requirements for the facility operations and recreation services with the goal of
being fully staffed and trained in time for public use of the building.
4.0 PROJECT BUDGET
4.1 The approved project budget is as follows:
Construction
Consulting
Contingency
Disbursements
Furnishings/Equipment
$15,000,000.00
$ 950,000.00
$ 750,000.00
$ 100,000.00
$ 355,000.00
$17,155,000.00
Project Total
4.2 As previously advised, we experienced a number of challenges that had an
impact on the project budget. These included the design and installation of
sanitary sewer services to the facility, saturated native soil conditions identified
during the excavation for foundation walls and during the preparation of parking
lot base, remediation in the pool basement area for groundwater conditions and
water and sewer frontage fees due to Durham Region. The costs of these items
are funded from the project contingency.
5.0 RECREATION PROGRAMMING AND FACILITY SCHEDULES
5.1 At this time it is expected that the facility will be fully operational for the fall
session of departmental recreation programs. Registration for the fall session of
programs will commence on August 6th for general recreation programs and
aquatic leadership classes and August 23rd for children's swim lessons.
Departmental program registration can occur through the "Eazy Reg" telephone
line (905-623-3299), on-line www.c1aringtoneazyreg,ca or in person at the
Community Services Department administration office or any existing recreation
centre. (Note: registration will not be available at the Newcastle & District
Recreation Complex until September 2nd).
5.2 The fall session of recreation programs will be promoted through the Clarington
Community Recreation and Leisure Guide (Fall 2008) which will be delivered to
homes in Clarington in their Clarington This Week, on August 6th.
5.3 The programs currently planned for the Newcastle & District Recreation Complex
cover a wide range of activities; some examples would include: swimming
lessons, youth sports (basketball, floor hockey, badminton, dodgeball), general
1221
REPORT NO.: CSD-019-08
PAGE 4
youth programs (after-school, crafts), adult sports (basketball, volleyball,
badminton, floor hockey), birthday parties, aquafit and group fitness classes.
5.4 The Community Services Department is currently consulting with existing
recreation partners to pursue opportunities to provide additional recreation
activities for older adults and pre-schoolers/parent and tot programs.
5.5 Pool schedules have also been included in the Fall Recreation and Leisure
Guide and have been developed on the same basis as existing schedules at the
Courtice Community Complex and Clarington Fitness Centre. The schedule
includes public swims (general public - all ages), adult swims (18+ years), lane
swims (all ages - swimmers must be continuously swimming lengths) and
adult/lane swims (2 lanes for swimming lengths, 1 open lane - youth may attend
but must swim lengths). For the fall session this facility will also offer an older
adult swim (50+ yrs) which is a new swim not currently offered at either of the
existing two pools. The pool schedules will commence with the opening of the
facility on September 2nd.
5.6 From the facility opening through to the start of programs there will be a number
of opportunities for the community to view the facility and try a class at no cost.
From September 6th to September 18th the Community Services Department will
be promoting a sampling of fall programs to encourage participation in the fall
session.
6,0 OFFICIAL OPENING
6.1 The facility's Grand Opening will be held on Saturday, October 4, 2008. As
details regarding the official ceremonies and the day's program and activities are
confirmed, Council will be advised.
6.2 Staff will be working with the Newcastle BIA to coordinate activities to
complement Newcastle's Fall Festival that same weekend, which attracts up to
4,000 people annually. Staff look forward to planning a great community event,
which will surely be well attended with the added volume of people in the area for
the Newcastle Fall Festival.
7.0 COMMENTS
7.1 Prior to the opening of the building to the public, a site tour will be scheduled for
members of Council. Details will be forwarded when they are confirmed.
7.2 Although the project has been challenged by a number of factors, staff continue
to work diligently to stay within the approved project budget.
1222
Clwington
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
Resolution #:
Report #: CSD-020-08
File #:
By-law #:
Subject:
GRANT REQUEST - PARTICIPATION HOUSE PROJECT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-020-08 be received;
2. THAT the request of Participation House Project for funding through the
Municipal Grant Program be denied, as the request does not meet the criteria of
the Municipal Grant Program; and
3. THAT Gabriele Albrecht, Director of Residential Services, Participation House,
be advised of Council's decision.
Reviewed bYc9~ -::. ~
Franklin Wu
Chief Administrative Officer
JPC/SC/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1223
REPORT NO.: CSD-020-08
PAGE 2
1,0 BACKGROUND
1.1 On May 26, 2008, Council received correspondence from Ms. Gabriele Albrecht,
Director of Residential Services, Participation House, requesting funding through
the Municipal Grant Program to offset the cost over runs associated with the
installation of a 2" water main by the Region of Durham into their group home
located in Bowmanville.
1.2 Participation House is a non-profit organization which provides residential and
day services for adults with developmental and physical disabilities who live
within Durham Region. In September 2007 they purchased and renovated a
house at 258 West Scugog Lane, Bowmanville, to provide a group home for six
adults.
1.3 In order for the group home to meet building code requirements they were
required to upgrade the sprinkler system which in turn, required the Region to
replace the existing water feed from the street to the property line. The Region
required a $15,000 deposit on the work which they estimated to cost $7,000. The
total cost of the work ended up being $15,000. The renovation expenses
resulted in a deficit of $3,000 for Participation House.
2.0 COMMENTS
2.1 Staff contacted Ms. Albrecht to discuss her request. A Municipal Grant
Application and the criteria were forwarded for her review. A completed
application was received from Ms. Albrecht on June 16th.
2.2 Participation House is requesting a $3,000 grant through the Municipal Grant
Program to offset this renovation deficit.
2.3 Participation House identifies their current major funding source as the Ministry of
Community and Social Services. Their 2008 budget shows Ministry funding
comprising 87% of their revenue.
2.4 Criteria # 9 Municipal Grant Program states, "Organizations that provide services
or programs that are the responsibility of another level of government are not
eligible to apply." This application does not meet the criteria as it is a program
which is the responsibility of another level of government as demonstrated by the
provincial funding.
Interested party to be advised of Council's decision:
Ms. Gabriele Albrecht
Attachments:
Attachment #1- Letter of Request - Participation House
1224
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CSD-020-08 - ATTACHMENT # 1
May 9, 2008
AGENIJA
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MAY 122U:)0
Mayor Jim Abernethy
Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
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To The Honourable Mayor Abernethy:
Subject: Request for funding through the Municipality ofClarington Grant Program
The Participation House Project (Durham Region) is a non-profit agency that supports
individuals with developmental and physical disabilities in residential and day programs.
In September 2007, we purchased and renovated a house at 258 West Scugog Lane in
Bowmanville to provide a group home setting for 6 individuals.
One of the many trials we encountered over the course of this project to meet the
Municipality of Clarington Building Department requirements was the necessity of
upgrading the existing sprinkler system to meet Fire Code NFP A-I3. This required the
Region of Durham to change the existing pipe to a 2" pipe from the street to the property
line. The Region of Durham required a $15,000 deposit up front with an expected cost of
approximately $7,000 for the work. When the work was completed, we were informed
that the cost would be the entire $15,000 due to the depth of the pipe. In addition we
were responsible for the cost of the work from the property line into the home and all of
the other costs associated with the changes and additions to the existing sprinkler system
that was in the home when we purchased it. We were able to absorb some of the overrun
cost but not all. These added costs to upgrade to the NFP A-I3 and the lack of any
deposit refund from the Region of Durham has resulted in an overall deficit for the
renovation cost for this house in the amount of $3,000. .
We are asking for consideration through ~h~ Municipal.ity of~laringto.n *'.~rtr~~~~-
the amount of $3,000 to offset the defiCit Incurred With the installation f~"~" water '
main into the home. I ~l..\.// . .,
I look forward to hearing from your office and can be contacted at 905Js-1~-5267' ~.-' . -' - >,
231 or Jj,lIQ1sdJt!{ loh~lI!b"m..I")ln. pdi'~
Sincerely, .__ __.
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Gabriele Albrecht
Director of Residential Services
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Cl&ingtnn
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
JULY 7, 2008
Report #: CLO-021-08
File #:
By-law #:
Subject:
APPOINTMENT OF OFFICER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLO-021-08 be received;
2. THAT the by-law attached to Report CLO-021-08 be forwarded to Council for approval;
and
3. THAT Mr. Oavi Sinde be advised of Council's actions.
Submitted by:
\
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Reviewed by: Franklin Wu.
Chief Administrative Officer
PLB*LC*kb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1301
REPORT NO.:CLD-021-08
PAGE 2 of 2
BACKGROUND AND COMMENT
The Municipal Law Enforcement Division has hired a temporary Parking Enforcement Officer
to fill the vacancy created when one of the two full time Officers departed on maternity leave
earlier this month.
The successful candidate is Mr. Davi Sinde. Mr. Sinde comes to the Municipality with over 9
years enforcement and security experience. He will commence his duties with the Municipality
on July 14th with a period of in-service training conducted through the Municipal Law
Enforcement Division after which he will be working primarily in the downtown area of
Bowmanville.
ATTACHEMENT: 1
By-law to Appoint Davi Sinde as a Parking Enforcement Officer
INTERESTED PARTIES:
Mr. Davi Sinde
1302
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW _08
Being a By-law to appoint an individual as
Parking Enforcement Officer
WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-laws of the
Municipality;
AND WHEREAS it is desirable to appoint Davi Sinde as a Parking Enforcement
Officer for Municipality of Clarington.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Davi Sinde is hereby appointed as a Parking Enforcement Officer for the
Municipality of Clarington.
2. This By-law shall come into full force and effective immediately on the day
of Final passing by Council.
3. This appointment as a Parking Enforcement Officer shall remain in effect
for the duration of their term of employment with the Municipality in the
position of Parking Enforcement Officer.
By-law read a first and second time this
day of
2008.
By-law read a third time and finally passed this
day of
2008.
MAYOR
MUNICIPAL CLERK
1303
CLw:.pn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
COD-039-08
File#_
By-law #
Report #:
Subject:
RFP2008-2 - Garnet B. Rickard Recreation Complex - Lease Space
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report COD-039-08 be received;
2. THAT the Community Care Durham proposal be accepted for the leasing of the space
available at Garnet B. Rickard Recreation Complex for a five year term with the option to
renew for a further 5 years pending satisfactory terms for both sides;
3. THAT the Evaluation Committee be authorized to proceed with negotiations for a lease
agreement with Community Care Durham on behalf of the Municipality of Clarington to the
satisfaction of the Municipality; ,
4. THAT the requested funds be drawn from the General Municipal Reserve Fund and paid
back over the five year lease term on a payment schedule established by the Municipality's
Finance Department;
5. THAT the Evaluation Committee be authorized to negotiate with Denrain as the alternate
proponent should negotiations with Community Care Durham fail to produce an acceptable
lease agreement;
6. THAT the attached By-law marked Schedule "C", be approved authorizing the Mayor and the
Clerk to execute the lease agreement which is satisfactory to the Municipal's Solicitor; and
7 . THAT Staff report back to Council on the results of the negotiations with the successful
candidate.
Submitted by:
Reviewed by:
~~
Ie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1401
REPORT NO.: COD-039-08
PAGE 2
BACKGROUND AND COMMENT
1. With the closing of Total Hockey, and as approved in report CSD-007-08, a Request for
Proposal (RFP) 2008-2, Garnet B. Rickard Recreation Complex - Lease Space was issued.
The intent was to determine what outside interest there was in leasing this space. The RFP
was created to solicit from interested parties proposals for leasing of the approximately
5,005 square feet of space. The term requested was 5 years with the option to extend for
an additional 5 year term. This RFP was publicly advertised.
2. Upon closing, the Municipality of Clarington received three submissions. Each of the three
submissions received, offered and/or provided a different service or use for the lease
space. Each of the submissions received could be deemed as working or fitting within the
vision and objectives of the Municipality for the use of this lease space. Attached as
Schedule B (Confidential), are summaries of the submissions received for consideration of
leasing this property.
3. Proposed lease rates were varied, as were the leasehold improvements the proponents
were proposing and the various requirements which were requested to be completed by the
Municipality Clarington. All submissions were based on a ten year agreement Le. 5 year
term with an option to renew for an additional 5 year term.
4. As noted herein, staff are recommending that negotiations take place with Community Care
Durham. Because the release of RFP details could prejudice the ability to negotiate with
the other proponents, the details of the proposals are provided as a confidential attachment.
Release of the submissions at this time will place staff at a disadvantage in the negotiation
process not only with the primary proposed tenant but also with the alternate in the event
initial negotiations fail.
5. The Evaluation Committee met to review and rank the proposals received. Upon
completion of the evaluation, Community Care Durham and Denrain ranked equal.
Community Care Durham is a non-profit organization which is a good fit into the facility, the
operating hours and the services provided do not conflict with the existing hours of
operation or use of the facility in general as well as being seen as a viable long term tenant.
The recommendation is to try to negotiate a lease with them first. One thing that needs to
be taken into consideration is that by accepting the proposal received from Community
Care Durham and moving them into Garnet B. Rickard Recreation Complex the Municipality
1402
REPORT NO.: COD-039-08
PAGE 3
of Clarington will be losing annual revenue ($15,000.00) derived from their current lease at
the Clarington Beech Centre. Once the space at Clarington Beech Centre has been
vacated it is anticipated that the Clarington Beech Centre will want to utilize this space due
to their growth during the past years.
6. Staff are recommending that the proposal from Community Care Durham be accepted and
the Evaluation Committee be authorized to negotiate with Community Care Durham a lease
which is satisfactory to both parties. It is further requested that the Mayor and Clerk be
authorized to execute an agreement satisfactory to the Municipal Solicitor.
6.1 Should negotiations fail to produce an acceptable lease agreement staff are
recommending negotiations with Denrain International as the alternate proponent for
leasing this space provided they remain interested.
7 As each proposal has a direct cost impact on the Municipality, it is requested that the funding
to complete the required modifications be taken from the General Municipal Reserve Fund.
It should be noted that any cost incurred by the Municipality to meet the request of the
successful proponent, will not be charged back to the successful proponent. Therefore it is
proposed that the money used from the General Municipal Reserve Fund be paid back over
a period of five years by allocating a portion of the money received in rent directly into this
account to cover the repayment.
8. The results of the negotiations with proponents and the successful candidate will be provided
to Council in an information report.
Concurrence: Director of Community Services
Director of Finance
Attachments:
Attachment 1 - Schedule "A", Report CSD-007-08
2 - Schedule "B", Confidential Attachment
3 - Schedule "C", By-Law
1403
Page 1 of Schedule "A"
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
March 31, 2008
Resolution #:
Report #:
CSD-007 -08
File #:
By-law #:
Subject:
TOTAL HOCKEY FLOOR SPACE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-007-08 be received; and
2. THAT Council select one of the following options:
Option A - that staff be directed to issue a Request for Proposal to lease the
space vacated by Total Hockey, located at the Garnet B. Rickard Recreation
Complex.
or
Option B - that staff be authorized to enter into discussions with the proponents
of the preliminary proposals received as identified in 2.1 of Report CSD-007 -08.
or
Option C - that the space vacated by Total Hockey be retained for municipal use
and that staff report back detailing program enhancements, financing and timing.
Submitted by:
Joseph P. Caruana
Director of Community Services
Reviewed by:
Franklin Wu
Chief Administrative Officer
JPC/jm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1404
Page 2 of Schedule "A"
1.0 BACKGROUND
1.1 During this year's budget deliberations, Council directed staff to close the
Total Hockey operation as of March 1,2008. Subsequently, a verbal report was
provided outlining the various aspects related to the closing of Total Hockey.
1.2 The verbal report indicated that staff would address re-purposing the Total
Hockey floor space and dispersal of the artifacts.
1.3 This report addresses the re-purposing of the floor space only as staff continue to
source information related to the dispersal of the artifacts and will report back at
an appropriate time.
2,0 FLOOR SPACE
2.1 The area of the former Total Hockey space available for re-purposing is 5,005
square feet. Staff are currently pricing the cost of dismantling the space, in
preparation for future use. Since the decision to close, staff has received several
unsolicited expressions of interest to lease the space. Should Council decide to
lease the space, a Request for Proposal (RFP) would be issued, as is our past
practice. To date, staff has received nine (9) expressions of interest from the
private sector, three (3) of which requested confidentiality. Therefore, any
discussions related to these proposals should be referred to a closed meeting.
2.2 Additionally, there is an internal proposal to retain the area as municipal
programming space. If preferred, staff will prepare a detailed proposal outlining
program enhancements, timing and finances.
3,0 COMMENTS
3.1 The purpose of this report is to advise Council of the expressions of interest and
to receive direction as to how staff should proceed.
3.2 Council should be aware that during preliminary discussions some interested
parties indicated that timing could influence the feasibility of their interest in the
space.
1405
Schedule "C"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Community
Care Durham, Bowmanville, Ontario, to enter into agreement
for the lease space at Garnet B. Rickard Recreation Complex,
2440 King Street West, Bowmanville, Ontario.
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, Community Care Durham, Bowmanville, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2008.
By-law read a third time and finally passed this
day of
,2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1406
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
July 7, 2008
Report #: COD-041-08
Date:
File#_
By-law #
Subject:
PURCHASE OF A PRE-BUILT PUMPER
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-041-08 be received;
2. THAT Fort Garry Fire Trucks Ltd, Winnipeg, Manitoba with a total bid in the amount of
$306,106.00 (Plus GST) being the lowest responsible bidder providing a unit meeting
terms, conditions and specifications of the Emergency and Fire Services Department be
awarded the contract for the supply and delivery of a 2008 Model 1250 GPM Pumper as
required by the Emergency and Fire Services Department;
3. THAT the required funds be drawn from the Fire and Emergency Services Department
2008 Capital Account # 110-28-388-82812-7401; and
4. THAT the Manager of Purchasing be authorized to negotiate the acquisition and place
orders for additional ancillary equipment needed to equip the truck ready for service and
that the required funds be drawn from the Emergency and Fire Services 2008 Capital
Account # 110- 88-82812-7401.
Submitted by:
Reviewed by:
~~ CJ4.
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1407
REPORT NO.: COD-041-08
PAGE 2
1, BACKGROUND AND COMMENT
1.1. In March 2008 Council authorized the following:
THAT Report COD-018-08 be reviewed:
THAT the requirement for tendering in accordance with By-law 2006-127
be waived for this transaction;
THAT the Purchasing Manager be authorized to solicit expressions of
interest from known fire truck manufacturers to determine the immediate
availability of a new 1250 GPM Pumper;
THAT the Purchasing Manager be authorized to negotiate a purchase
price for a selected unit;
THAT a report to Council be provided summarizing the results of the
Request for the Expressions of Interest and providing a recommendation
for the purchase of the selected unit; and
THAT should the expression of interest process prove successful in this
instance, the Purchasing Manager amend the Purchasing By-law to
include the use of the expression of interest process for the acquisition of
fire fighting vehicles as deemed appropriate.
1.2 In April a Request for Expression of Interest was issued to known fire apparatus
manufacturers inviting submissions on the cost and availability of 1250 gallon per
minute pumpers offering specifications similar to those provide as a guideline by
Emergency Services.
1.3 A total of four (4) responses were reviewed and these are tabulated and shown
on Schedule "A" attached.
2, ANALYSIS
2.1. On review of the submissions, two important items became apparent. The first
being the limited selection of available units and diversity of the specifications.
2.2. Although one of the key questions in this process was to identify units ready for
immediate delivery only two units met that requirement and where at the high
end of the pricing and the low-mid range, otherwise deliveries times ranged from
four months to almost ten months. The decision to consider a unit with a 4-5
1408
REPORT NO,: COD-041-08
PAGE 3
month delivery period was made after reviewing the condition of the existing unit
to be sure that an additional 4 to 5 months in services would be acceptable.
2.3. After reviewing all specifications provided, staff focused on Option "A" provided
by Fort Garry Fire Truck Ltd and the bid submitted by Thibault & Associates. The
lower bids submitted by Fort Garry (Options B & C) were considered briefly but
discarded because Option B was a significantly longer vehicle making it less
suitable for a rural application. Option C from Fort Garry was not considered
because it was also a longer vehicle and provided a cab and chassis that was
new to the market, had not been proven in the field and the cab was
manufactured of galvanized steel as opposed to the traditional aluminum. There
is a concern about the extra weight and the potential for rust. In addition, it did
not provide the same number of inlets and outlets that the other units provided.
2.4. After due consideration staff are recommending the purchase of Option "A"
offered by Fort Garry Fire Trucks ltd. This unit offers all the features that
Emergency Services is looking for with extras such as a larger water tank, extra
ladder capacity and a short wheelbase is seen as beneficial to the intended rural
applications.
3, FINANCIAL IMPLICATIONS
3.1. The purchase price of the solicited unit is $306,106.00 and funds will be drawn
from the 2008 Capital Account # 110-28-388-82812-7401.
3.2. The budget for the 2008 acquisition was approved at $450,000.00.
3.3. Given the aforementioned proposed transaction it is estimated that $143,894.00
will remain in the account for use in part as a contingency to cover any
adjustments to the pumper and to cover the cost of ancillary equipment needed
to equip the pumper. This is not expected to exceed $60,000.00.
1409
REPORT NO,: COD-041-08
PAGE 4
4. CONCLUSION
4.1. That the pumper provided by Option "A" Fort Garry Fire Trucks Ltd, Winnipeg,
Manitoba with a price of $306,106.00 be recommended and the Purchasing
Manager be authorized to negotiate the acquisition of ancillary equipment
required to equip the unit ready for use.
5, INPUT FROM OTHER SOURCES
5.1. This report has been reviewed for recommendation by the Purchasing Manager,
with the appropriate departments and circulated as follows:
Concurrence:
Director of Emergency and Fire Services
Director of Operations
Director of Finance
Attachments:
Attachment 1 - Schedule "A", Tabulation
1410
REPORT NO.: COD-041-08
PAGE 5
Municipality of Clarington
Schedule "A"
SCHEDULE "A"
BID SUMMARY
EXPRESSION OF INTEREST - E012008-1
1250 GPM Pumper
BIDDER TOTAL BID
(Trade Included) Availability
(GST Excluded)
Fort Garry Fire Truck Ltd Option A - $306,106.00 4-5 Months
Winnipeg, Manitoba Option B - $299,791.00 "
Option C - $274,808.00 "
Thibault & Associates
Drummondville, QC $318,656.00 1 month
ResQtech
Woodstock, ON $323,000.00 9 -10 Months
Carrier E-One Option A - $367,249.16 1 Month
Brantford, ON Option B - $355,613.00 4-6 Months
1411
Cl!J!.mgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7'h, 2008
Report #:
COD-042-08
File#_
By-law #
Subject:
TENDER CL2008-23, HIGH FLOAT RESURFACING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-042-08 be received;
2. THAT Miller Paving Limited, Gormley, Ontario, with a total bid price of $515,865.75
(excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2008-23, be awarded the contract for the High Float
Resurfacing;
3. THAT the required funds be drawn from the Department of Operations, 2008 Current
Budget Surface Treatment Account #100-36-381-10270-7163;
4. THAT the additional expenditure for Road Stabilization in the amount of $6,500.00 be
approved; and
5. THAT the balance of the funds be used as needed for a contingency for the 2008 High
Float Program with any remaining amount being carried forward to the 2009 program.
Submitted by:
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
\
Reviewed by: t'~:~ ~Cu"1{
Franklin Wu,
Chief Administrative Officer
MM\JDB\BH
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41691 41 2
REPORT NO,: COD-042-08
PAGE 2
1. BACKGROUND AND COMMENT
1.1. Tender specifications were provided by Totten Sims Hubicki Associates for the 2008
High Float Resurfacing as required by the Operations Department.
1.2. Tenders were publicly advertised in the local paper as well as electronically.
Subsequently, two tenders were received and tabulated as per Schedule "A" attached.
2, ANALYSIS
2.1. After further review and analysis of the bids by the Operations Department, Totten Sims
Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Miller
Paving Limited, Gormley, Ontario, be recommended for the contract for the 2008 High
Float Resurfacing project. A copy of the recommending memo from Totten Sims Hubicki
Associates, is attached as Schedule "A".
2.2. The recommended low bidder has previously performed satisfactory work for the
Municipality of Clarington.
2.3. The second bid submitted from Royel Paving Limited, Lindsay, Ontario is a
noncompliant bid as an addendum was not acknowledged and the revised quantities
and units for Part B - Bowmanville North Area - Area 2 Item No. B3 were not taken into
consideration.
2.4. For the information of Council, the average unit prices per tonne quoted for this project
represents an approximate 2.1 % increase over the 2007 bid.
2.5. Queries with respect to the department needs, specifications, etc. should be referred to
the Director of Operations.
3. FINANCIAL IMPLICATIONS
3.1. The total project cost of $515,865.75 will be drawn from the 2008 Operations
Department Current Budget Surface Treatment Account #100-36-381-10270-7163.
1413
REPORT NO.: COD-042-08
PAGE 3
3.2. The budget for the 2008 surface treatment contract was approved at $630,000.00. At
their meeting held April 7,2008, Council authorized an expenditure of $44,328.00 for
cold patch to be drawn from this account. In addition, the Operations Department will
incur a cost of $6,500.00 for Road Stabilization on Murphy Road.
3.3. Given the aforementioned transactions it is estimated that $63,306.25 (GST not
applicable) will remain in the account for use as a contingency for this years High Float
Program with any funds remaining at the end of the year being carried forward to the
2009 program.
4, CONCLUSION
4.1. That the low compliant bidder, Miller Paving Limited, Gormley, Ontario, be
recommended for the contract for the 2008 High Float Resurfacing project.
5, INPUT FROM OTHER SOURCES
5.1. This report has been reviewed for recommendation by the Purchasing Manager, with
the appropriate departments and circulated as follows:
Concurrence:
Director of Operations
Director of Finance
Attachments:
Attachment 1 - Schedule "A", Recommendation Letter from Totten Sims Hubicki Associates
1414
SCHEDULE "A"
..
till
'rottcn Sims Hubicki Associates
300 Water Street
Whitby. Ontario, Canada LIN 912
(905) 668-9363 Fax: (905) 668-022\
[-mail: tsh@tsh.ca www.tsh.ca
engineers
architects
planners
June 20, 2008
Mr, Larry Postill, Supervisor
Operations Department
Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1 C 3A6
Dear Sir:
Re: High Float Resurfacing Tender
Tender No, CL2008-23, Municipality of Clarington
TSH Project No, 42-65106
Bids for the Municipality of Clarington Tender No. CL2008-23, were received and opened on Tuesday,
June 3'd, 2008.
The following is a summary of the two (2) tenders received:
BIDDER TOTAL BID
(Excludinl! GSn
Miller Paving Limited
Gormley, ON $515,865.75
Royel Paving Limited
Lindsay, ON $666,687.65
We have examined the two submissions and found the lowest tender to be arithmetically correct and
complete, complying with the general tendering requirements. The second bid did not include the bid
addendum and as such, the revised quantities and units for the base stabilization in Maintenance Area 2 -
Bowmanville were not correct. The unit prices tendered by the low bidder were not significantly different
from the previous year's bid when factoring in the increased costs of petroleum based products.
1415
SCHEDULE "A"
Municipality of Clarington
Mr. Larry Postill, Supervisor
June 20, 2008
2.
Funds for this project will be supplied as follows:
Surface Treatment Account Budget
1000-36-381-10270-7163
$630,000.00
Commitments to date:
As approved by Council April 7, 2008,
Report #COD-013-08
$ 44.328.00
Fund available for High Float Resurfacing
$585,672.00
Project Cost - High Float Resurfacing
$515.865.75
Balance unexpended
$ 69,806.25
Please note that the high float contract was awarded to Miller in 2007, and the contractor's performance
on this project was acceptable and would not preclude it from being awarded this contract.
Should you require any additional information, please do not hesitate to contact the undersigned.
Yours very truly,
\ f:
riP. ;}~.
'-./ l-f;
'-' l~'
Ian Roger, P.Eng.
Project Manager
IBR
pc: Mr. Jerry Barber, CPPO, Municipality of Clarington
lIH
1416
Clw:.pn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July ih, 2008
Report #:
COD-044-08
File#_
By-law #
Subject:
CO-OPERATIVE TENDER CL2008-17, TRAFFIC SIGN REQUIREMENTS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-044-08 be received;
2. THAT Owl-lite Rentals & Sales, Toronto, Ontario, with a total bid price of $29,594.32
(excluding G.S.T.), being the lowest responsible bidder for Year 1, meeting all terms,
conditions and specifications of Tender CL2008-17, be awarded Section Part A - Traffic
Signs for the Municipality of Clarington's traffic signs requirements;
3. THAT, Section Part B - Posts and Hardware be re-tendered as the hardware product
specifications were inadequate and the vendors quoted on a wide range of products
which do not meet the Operations Department requirements;
4. THAT, Section Part C, Part D, Part E, Part F are not required for the Municipality of
Clarington's traffic sign requirements;
5. THAT the contract be extended for a second year and third year, pending satisfactory
service and acceptable pricing; and
6. THAT the funds expended be drawn from the Department of Operations, 2008 current
budget Traffic Sign account 100-36-384-10315-7112.
Submitted by:
Reviewed by:
c)~.e~ (~~
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Franklin Wu,
Chief Administrative Officer
MM\JDB\BH
- CONFIDENTIAL ATTACHMENT
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1417
REPORT NO,: COD-044-08
PAGE 2
1, BACKGROUND AND COMMENT
1.1 A tender for the supply and delivery of Traffic Signs was issued on a Co-
operative basis with the City of Oshawa, City of Pickering, Town of Ajax, Town of
Whitby and the Region of Durham participating. The tender is divided into the
following sections with the option to award each section together or separately.
Part A - Traffic Signs
Part B - Posts and Hardware
Part C - Sign Blanks - no Municipality of Clarington requirements
Part D - 3M Sheeting Material - no Municipality of Clarington requirements
Part E - STA Mark Arrows - no Municipality of Clarington requirements
Part F - Durham Region Traffic Signs - no Municipality of Clarington
requirements
1.2 The tender was publicly advertised and called for the Traffic Sign Requirements
as required by the Operations Department.
1.3 The contract resulting from this tender will cover the supply and delivery of
various signs and miscellaneous hardware to the Municipality of Clarington on
an "as required" basis. Subject to satisfactory service and acceptable pricing
upon agreement by the Co-operative participants it is recommended that the
contract be awarded for a second year and third year.
2, ANALYSIS
2.1 A summary of bids marked received is attached and marked as Schedule "A".
The tabulation, in addition to listing the total bid amounts for year one of the
contract also provides a projected value of the contract over the proposed three
(3) year term.
2.2 Over the one year term, Owl-lite Rentals & Sales Inc. was the low bid for Part A
Traffic Signs and Part F - Durham Region Traffic Signs of the contract. When
the proposed increases for the second and third visit are taken into
consideration, Owl-lite Rentals & Sales becomes the second low bid.
1418
REPORT NO,: COD-044-08
PAGE 3
2.2 Over the three year term, Gryphon Signworks Inc. was the low bid for Part A
Traffic Signs, Part C - Sign Blanks, Part F - Durham Region Traffic Signs of the
contract. The co-operative members noted that based on the vendor visit Part A
and Part F should not be awarded to the low bidder, for reasons identified in the
attached confidential memo.
2.3 The recommendation is to award Part A of the Contract to Owl-lite Rentals and
Sales Inc. The references have been contacted and are satisfactory.
3, FINANCIAL IMPLICATIONS
3.1 The Municipality of Clarington requirements are for Parts A and B only and are
approximated to be $40,000.00 per year.
3.2 The required funds will be drawn from the respective years budget allocation for
Traffic Signs and Street Signs.
3.3 Queries with respect to department needs, specifications, etc., should be referred to
the Director of Operations.
3.4 The Director of Operations has reviewed the funding requirements and concurs with
the recommendation.
4. CONCLUSION
After further review and analysis of the bids by Purchasing, the Durham Purchasing Co-
operative and Operations Department, it is respectfully recommended that the
Municipality of Clarington requirements for Traffic Signs be awarded as identified in the
recommendations of this report.
1419
REPORT NO.: COD-044-08
PAGE 4
5. INPUT FROM OTHER SOURCES
This report has been reviewed for recommendation by the Purchasing Manager with the
appropriate departments and circulated as follows.
Concurrence: Director of Operations
Information: Director of Finance
Attachments:
Attachment 1 - Schedule "A", Bid Summary
Attachment 2 - Schedule "B", Confidential Attachment
1420
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Cl!Jlmgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: COD-045-08
File#_
By-law #
Subject:
SUPPLIER INFORMATION NIGHT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-045-08 be received for information; and
2. THAT future Supplier Information Nights be scheduled and presented at least once
during each term of Council.
Submitted by:
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed by: ()~~
Franklin Wu,
Chief Administrative Officer
MM\JBD\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1422
REPORT NO.: COD-045-08
PAGE 2
BACKGROUND AND COMMENT
On April 16, 2008 a memo with attached agenda was distributed to the Mayor and Members of
Council advising of the Municipality of Clarington's 5th Supplier Information Night to be held on
May 2th, 2008.
This year's event attracted approximately 60 participants and included presentations from the
Municipality of Clarington Purchasing Division, Finance and Community Services Departments,
the Clarington Public Library, the Durham Purchasing Co-operative and Kawartha Pineridge
District School Board.
The evening provided an opportunity for staff to address vendors and potential vendors on
topics such as municipal processes used to acquire goods and services and the respective
dollar limits, changes in on-line access to bid documents and invoicing requirements for
effective payment of invoices. Presentations were also made on the status of the Newcastle
Recreation Complex and the Newcastle Branch Library projects and the bidding opportunities
associated with each project.
In addition to the above, representatives from the City of Oshawa, the Region of Durham,
Kawartha-Pineridge District School Board and the Durham Purchasing Cooperative were on
hand with display booths to answer any questions from Clarington vendors interested in doing
business with agencies outside the Clarington borders. The Clarington Public Library and the
Purchasing Division also had display booths staffed by representatives to answer any
questions, provide handouts on doing business with the agencies and Vendor Application forms.
The event was well received with positive feedback being received.
It is proposed that the Supplier Information Night continue to be held but the frequency be
changed and the event be held once during the term of Council. In addition, the Purchasing
Division staff will participate in Supplier Information Nights hosted by the Durham Purchasing
Co-operative.
Attachments:
Attachment 1 - April 16th memo with Agenda
1423
Cl!Jlpn
MEMO
ATTACHMENT 1
TO: Mayor and Members of Council
FROM: Jerry D. Barber, C.P.P.O., Purchasing Manager
DATE: April 16, 2008
RE: SUPPLIER INFORMATION NIGHT
For information purposes, please find attached a copy of the Agenda for the "Supplier
Information Night" to be held on Tuesday, May 27,2008 at the Garnet B. Rickard
Recreation Complex.
I have also attached a copy of the advertisement, which will appear in our local
newspapers and on our web site.
Should you have any questions regarding this event, please give me a call at extension
402.
Yours truly,
Jerry D. Barber, C.P.P.O.
Purchasing Manager
J B/km
cc: Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services
Franklin Wu, Chief Administrative Officer
Administrative Assistants
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1424
Q!1!-!lJgron
SUPPLIER INFORMATION NIGHT
GARNET B. RICKARD RECREATION
COMPLEX
2440 KING STREET WEST, BOWMANVILLE, ONT 905-623-5728
MAY 27,2008
AGENDA
ATTACHMENT 1
SPEAKER TOPIC
7:00 pm - 7:05 pm Councillor Ron Hooper . Welcome from Mayor's Office
7:05 pm - 7:20 pm Jerry D. Barber, C,P,P.O. . Introduction
Purchasing Manager . 2008 Capital Projects
Municipality of Clarington . Demonstration of On-line
tenders
7:20 pm - 7:25 pm Debra White-Hassell . Bid Opportunities
Kawartha Pineridge District School
Board
7:25 pm - 7:30 pm George Acorn, Facilities Manager . Update on Newcastle District
Recreation Complex
7:30 pm - 7:40 pm Edith Hopkins, Chief Executive . Selling goods and services to
Officer, Clarington Public Library Clarington Public Library
7:40 pm - 7:55 pm Bruce Taylor, Corporate Safety & . Health & Safety Policy
Project Manager Introduction
7:55 pm - 8:05 pm Rosalie Brent, Manager of . Helpful tips to streamline
Accounting Services, Finance processing of invoices
Department
8:05 pm - 8:15 pm Dave Lyon, C,P.P.B" Chair -Durham . Durham Purchasing Co-
Purchasing Co-operative operative - Background &
Bidding Opportunities
8:15 pm - 8:45 pm Bruce Taylor, Corporate Safety & . Pandemic Preparedness
Project Manager
8:45 pm - 9:00 pm Jerry D. Barber, C.P.P,O. . Bidder Registration
Purchasing Manager . Closing Remarks / Questions
Municipality of Clarington . Draw for Door Prizes
EVERYONE WELCOME TO ATTEND.
1425
CI!Jlpn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
July 7, 2008
Report #: COD-046-08
Date:
File#_
By-law #
Subject:
CL2008-6, CONSTRUCTION OF KNOX NEIGHBOURHOOD PARK
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-046-08 be received;
2. THAT Rutherford Contracting Ltd, Gormley, Ontario with a total bid in the amount of
$414,544.56 (Excluding G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2008-6, be awarded the contract
for the Construction of Knox Neighbourhood Park, Bowmanville, Ontario as required
by the Engineering Department;
3. THAT funds required in the amount of $443,562.00 (which includes $414,544.56
tendering and contingencies) be drawn from Engineering 2008 Capital Account
#110-32-325-83302-7401 in the amount of $400,000.00 with $43,562.00 being
provided by the Development Charge for Park Development Account;
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk
to execute the necessary agreement be approved.
Submitted by: d~
Marie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed bQ~~ ~'Lt..
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4116~26
REPORT NO.: COD-046-08
1. BACKGROUND AND COMMENT
PAGE 2
1.1. Tender specifications were provided by Henry Kortekaas & Associates Inc. for the
Construction of Knox Neighbourhood Park, Bowmanville, Ontario, as required by the
Engineering Department.
1.2. Tenders were advertised in local papers, as well as electronically. Subsequently,
tenders were received and tabulated as per tabulation, Schedule "C" attached.
2. ANALYSIS
2.1. After further review and analysis of the bids by the Engineering Department, Henry
Kortekaas & Associates Inc, and Purchasing, it was mutually agreed that the low bidder,
Rutherford Contracting Ltd, Gormley, Ontario, be recommended for the contract for the
Construction of Knox Neighbourhood Park, Bowmanville, Ontario. A copy of the
recommending memos from the Department of Engineering and the consultant Henry
Kortekaas & Associates Inc., are attached as Schedule "B".
2.2. The low bidder has previously performed satisfactory work for the Municipality of
Clarington.
2.3. Queries with respect to department needs, specifications, etc., should be referred to the
Director of Engineering.
3. FINANCIAL IMPLICATIONS
3.1. The total project cost of $443,562.00 which includes $414,544.56 tendering and
contingencies be drawn from Engineering 2008 Capital Account #110-32-325-83302-
7401 in the amount of $400,000.00 with $43,562,00 being provided by the Development
Charge for Park Development Account.
3.2. The funding will be provided as noted above and as outlined in the memo from
Engineering Services, marked Schedule "B".
1427
REPORT NO.: COD-046-08
PAGE 3
4. CONCLUSION
4.1. That the low compliant bidder, Rutherford Contracting Ltd, Gormley, Ontario, be
recommended for the contract for the Construction of Knox Neighbourhood Park,
Bowmanville, Ontario.
5. INPUT FROM OTHER SOURCES
5.1. This report has been reviewed for recommendation by the Purchasing Manager,
with the appropriate departments and circulated as follows:
Concurrence:
Director of Engineering
Director of Finance
1428
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Rutherford
Contracting Ltd, Gormley, Ontario, to enter into agreement for
the Construction of Knox Neighbourhood Park, Bowmanville,
Ontario.
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, Rutherford Contracting Ltd, Gormley, Ontario, and said
Corporation; and
2. THAT the contract attached hereto ~s Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2008.
By-law read a third time and finally passed this day of
,2008.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
1429
SCHEDULE" B"
CI!Jlmgron
MEMO
TO: Jerry Barber, Purchasing Manager
FROM: Peter Windolf, Park Development Manager
DATE: June 23, 2008
SUBJECT: Knox Neighbourhood Park Construction
Tender CL2008-6
The Engineering Services Department has reviewed the recommendation provided by
Henry Kortekaas and Associates and offers the following comments:
In 2008 the Municipality approved $400,000.00 for the construction of Knox
Neighbourhood Park. We concur with the recommendation to award the contract to
Rutherford Contracting Ltd. in the amount of $414,544.56 exclusive of G.S.T. for the
park development project. Rutherford Contracting Ltd. has successfully completed
several park development projects for the Municipality in recent years.
A contingency amount of approximately 7% is carried forward. Construction inspection
and contract administration will be done by municipal staff. The Engineering Services
Department advises the following Municipal breakdown for the above referenced project:
Project Breakdown
Total Project Value $443,562
2008 Approved Budget Amount $400,000
Knox Neighbourhood Park Construction
110 32 325 83302 7401
Additional Funding Required $43,562
1430
K r e))<
CL200E\-6
Construction
SCHEDULE "B"
>,,'.,
.C
,iUne 2008
We recommend award of the project with the budget shortfall to be financed from the
Park Development and Related Facilities Development Charges Reserve Fund in the
amount of $39,205.80 and from the Municipal Capital Works Reserve Fund in the
amount of $4,356.20
Attached for your files is the recommendation provided by Henry Kortekaas and
Associates. Should you have any questions, please feel free to contact me.
Regards,
)-=-- \J.J~
Peter Windolf, OALA, cSb\
Manager Park Development
Idv
Attachment
Cc Nancy Taylor, Director of Finance
Tony Cannella, Director of Engineering
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
1431
Schedule "e"
Municipality of Clarington
BID SUMMARY
TENDER CL2008-6
CONSTRUCTION OF KNOX NEIGHBOURHOOD PARK
I BIDDER I TOTAL BID I
(GST Excluded)
Rutherford Contracting Ltd. $414,544.56
Gormlev, ON
Ron Robinson Ltd. $433,678.01
Bowmanville, ON
Peninsula Construction $471,899.26
Fonthill, ON
Dig-Con International Limited $482,656.00
Bolton, ON
1432
CI!K-Wgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2007
Report #: COD-04 7 -08
File#_
By-law #
Subject:
BOWMANVILLE TENNIS CLUB - LEASE RENEWAL
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report COD-047-08 be received;
2. THAT the Manager of Purchasing be authorized to continue with the formal negotiations
of a new lease agreement with Bowmanville Tennis Club, for the lease of tennis courts
located at the Clarington Older Adults 26 Beech Avenue for the term of January 1, 2008
to December 31, 2010 with an option extend for up to three one year terms;
3. THAT the Mayor and Clerk be authorized to execute the lease agreement in a form
satisfactory to the Municipal Solicitor; and
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the proposed Lease Agreement with the Bowmanville Tennis Club be forwarded
to Council for approval.
Submitted by:
tl~
Marie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by:
~~
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1433
REPORT NO.: COD-047-08
PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND AND COMMENT
1.1. At their meeting of March 25, 2008 Council approved resolution #GPA-215-08
which reads in part as follows:
"THA T the Manager of Purchasing be authorized to proceed with the formal
negotiations of a new lease agreement with the Bowmanville Tennis Club as set
out in Report COD-016-08, and report back to Council for approval to execute
the final agreement."
1.2 With the approval of Council as noted above, discussions began with the Tennis
Club representatives and the main issues, being rent and the duration of the
lease were agreed to on a draft lease was prepared and presented. This lease
was similar in form and content to the previous twenty year and included an
updated lease rate and term with a one year notice for termination.
1.3 For a number of reasons a final lease has not been agreed upon as at this date
and with Council recessing for the summer, staff are requesting approval to
continue with the discussions leading to a mutually acceptable lease and further
that the Mayor and Clerk be authorized to execute the agreement satisfactory to
the Municipal Solicitor.
2. FINANCIAL IMPLICATIONS
2.1. Discussions to date have settled the lease rate for year one of the lease at
$1,350.00 dollars per year, subject to the Goods and Services Tax and payment
of property taxes.
2.2. An escalation formula has been agreed upon for annual increase and this utilizes
the Consumer Price Index (All items) for Toronto. A copy of the draft lease is
attached for information.
1434
REPORT NO.: COD-047-08
PAGE 3
3. CONCLUSION
3.1. Given the circumstances staff are confident that the outstanding lease issues can
be resolved in a short period of time and final lease presented for execution.
3.2. Due to Council Summer Recess staff is recommending that the Mayor and Clerk
be authorized to execute an agreement satisfactory to the Municipal Solicitor.
4. INPUT FROM OTHER SOURCES
4.1. This report has been reviewed for recommendation by the Purchasing Manager,
with the appropriate departments and circulated as follows:
For Information:
Director of Operations
Attachments:
Attachment 1 - Schedule "A", By-law
Attachment 1 - Schedule "B" Draft Lease Agreement
1435
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and the
Bowmanville Tennis Club, Bowmanville, Ontario to enter into
agreement for the lease space at the Clarington Beech
Centre, 26 Beech Avenue, Bowmanville, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are authorized as per report COD-047-08 to execute,
on behalf of the Corporation of the Municipality of Clarington and seal with the
Corporation Seal, a contract between, Bowmanville Tennis Club, of Bowmanville,
Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2008.
By-law read a third time and finally passed this
day of
,2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1436
PREMISES
TERM
RENTAL
BUSINESS
TAXES
REPAIR
ASSIGNMENT
DRAFT
Schedule "8"
THIS INDENTURE made in triplicate the first day of
2008.
IN PURSUANT OF THE SHORT FORMS OF LEASES ACT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
herein called the "Lessor":
of the FIRST PART
and-
THE BOWMANVILLE TENNIS CLUB
herein called the "Lessee"
of the SECOND PART
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid, observed and
performed, the said Lessor has demised and leased and by these presents doth demise
and lease unto the said Lessee, ALL THOSE CERTAIN LANDS described as The
Bowmanville Tennis Club Courts and the immediately surrounding fence as located on this
date on the property owned by the Municipality of Clarington at 26 Beech Avenue,
Bowmanville, Ontario,
TO HAVE AND TO HOLD the said demised premises for and during the Term to be
computed from the first day of January 10" 2008 and from thenceforth ensuing and to be
fully completed and ended on the first day of January 10" 2010, provided that prior to the
expiry of the Term the Lessor's Council resolves that the Lessor wishes to lease the
Premises for a further one-year term (not to exceed three one-year terms) commencing
on a day within the two (2) month period which commences on the day following the
date of expiry of the Term, the Lessor and Lessee shall use their best efforts to settle
the terms and conditions of the new lease or an extension of this lease of the Premises,
The said Lessee covenants with the said Lessor to pay rent as follows:
YIELDING AND PAYING DURING the said Term hereby granted unto the said Lessor the
following sums payable in advance on January 1 of each year:
January 1, 2008
$1,350,00 (Plus Goods & Services Tax)
On January1, 2009 the rent of $3,500,00 (Plus GST)shall be increased pro rata with the
increase in the Consumer Price Index (CPI) (all items) for Toronto with November 10t of
2007 as the base date and the increase for 2009 to be based on the increase, if any, in
the CPI from November 1, 2007 to November 1, 2008 with the rent for or each succeeding
year that the lease is extended being similarly increased in proportion to the applicable
increase, if any, in the CPI.
AND to pay all business taxes in respect of the business carried on by the Lessee in and
upon or by reason of their occupancy of the premises hereby demised;
AND to repair (reasonable wear and tear, and damage by fire, lighting and tempest only
excepted);
AND that the said Lessor may enter and view state of repair;
AND that the said Lessee will repair according to notice in writing (reasonable wear and
tear and damage by fire, lighting and tempest excepted);
AND that they will leave the premises in good repair (reasonable wear and tear and
damage by fire, lighting and tempest excepted);
AND will not assign or sub-let the whole or any part of the demised premises without
leave; the Lessee hereby waives and renounces the benefit of any present or future act of
the Legislature of Ontario which would allow the Lessee to assign or sub-let this lease,
without leave of the Lessor.
AND the said Lessee covenants with the said Lessor, its successors and assigns:
1437
BUSINESS
FIXTURES
ELECTRIC
POWER
ALTERATIONS,
PARTITIONS,
ETC.
BANKRUPTCY
OR
INSOLVENCY
RULES AND
REGULATIONS
Removal of
Fixtures and
Personal
Property
(a) THAT the said demised premises will not, during the said term, be at any time
used for any other purpose than that of a Tennis and Racquet Club.
(b) AND THAT not fixtures, goods or chattels of any kind will, except in the
ordinary course of business, be removed from the demised premises during
the term hereby demised or at any time thereafter without the written consent
of the Lessor, its successors or assigns, being first had and obtained, until all
rent in arrears as well as all rent to become due during the remainder of the
Term hereby granted shall have been fully paid, or the payment thereof
secured to the satisfaction of the Lessor or its assigns.
(c) THE Lessee hereby covenants to pay all charges for electric energy (for light
and power) used by the Lessee in the demised premises.
(d) THAT if the Lessee shall during the said Term desire to affix or erect partitions,
counters or fixtures to any part of the demised premises, it may do so at its
own expense at any time and from time to time provided that the Lessee's
rights to make such alterations to the demised premises shall be subject to the
following conditions:
(1) THAT before undertaking any such alterations, the lessee shall submit
to the lessor a plan showing the proposed alterations and shall obtain
the approval and consent of the Lessor to the same.
(2) THAT all such alterations shall conform to all building by-laws, if any,
then in force affecting the demised premises.
(3) THAT all such alterations will not be of such kind or extent as to in any
manner weaken the structure of the building after the alterations are
completed or reduce the value of the building.
(e) THAT, except as herein provided the lessee will not erect or affix or remove or
change the location or style of any partitions or fixtures, without the written
consent of the lessor being first obtained.
(f) THAT, at the expiration of the term hereby granted, or any renewal thereof, all
fixtures belonging to the lessee shall remain upon the demised premises until
taken down by the lessor, and the lessee shall forthwith, upon the same
being taken down, remove the same from the demised premises first paying to
the lessor the expense of such taking down and making good all damage
occasioned to the demised premises by the taking down or removal thereof.
(g) THAT, if the term hereby granted or the goods and chattels of the lessee or
any assignee or sub-tenant shall be at any time seized or taken in execution or
attachment, or if the lessee or any such assignee or sub-tenant shall make an
assignment for the benefit of creditors or shall become bankrupt or insolvent,
or make a proposal to its creditors, or without the consent of the lessor being
first obtained in writing, shall make a sale, under the Bulk Sales Act, in respect
of goods on the premises, or being a company shall become subject to any
legislative enactment relating to liquidation or winding up, either voluntary or
compulsory, the said term shall immediately become forfeited and void, and an
amount equivalent to the next ensuing three months' rent shall be at once due
and payable.
(h) THAT the lessee and its clerks, servants and agents will at all times during the
occupancy of the demised premises observe and conform to such reasonable
rules and regulations as shall be made by the lessor from time to time
including the rules and regulations set forth in Schedule "Aft hereto and of
which the Lessee shall be notified, such rules and regulations being deemed to
be incorporated in and form part of these presents.
All leasehold Improvements (other than Tenant's fixtures) shall immediately upon their
placement become the lessor's property without compensation to the Tenant. Except as
may be otherwise agreed by the lessor in writing, no leasehold Improvements shall be
removed from the Premises by the Tenant either during or at the expiry or earlier
termination of the Term. The Tenant may, during the Term, in the usual course of its
business, remove its fixtures, provided that the Tenant is not in default under this lease
and provided that such fixtures have become excess to the Tenant's needs or the
Tenant is substituting new and similar fixtures therefor. The Tenant, at the expiration or
earlier termination of the Term, at its cost, (I) shall remove such of the Tenant's fixtures
(excluding leasehold Improvements) and Tenant's personal property in the Premises as
the lessor shall require, (II) shall restore the Premises to the lessor's then current
Building standard (including, without limitation the removal and disposal of any and all
hazardous or toxic substances and containers therefor in accordance with all
applicable laws and the requirements of all Authorities) to the extent required by the
lessor and (III) shall otherwise peaceably surrender and deliver up vacant Possession
of the Premises to the lessor. The Tenant, at its cost, shall repair any damage caused
to the Building or any part thereof by such removal or restoration. If the Tenant does
not remove its fixtures and personal property at the expiry or earlier termination of the
Term, then, at the option of the lessor and without prejudice to any other rights or
remedies available to the lessor, the fixtures and personal property shall become the
1438
REMODElLLING
AND SALE
PROTECTIVE
INST ALLA TIONS
DISTRESS
RATF~ (a)
ACCESS (b)
absolute property of the Lessor without payment of any compensation therefore to the
Tenant and, without notice to the Tenant, may be removed from the Premises and sold
or disposed of by the Lessor in such manner as it deems advisable, all without any
liability whatsoever to the Tenant. If the Tenant fails to repair any such damage or
complete any work, removal, disposal or restoration referred to in this Section by the
expiry or earlier termination of the Term, the Tenant shall be responsible for, and shall
indemnify and save harmless the Lessor from and against, all expenses, losses and
damages caused by such failure, including, without limitation, the damages suffered by
the Lessor for loss of use of the Premises and the cost of removing and selling or
disposing of such fixtures and personal property and restoring the Premises to the
Lessor's then current Building standard. The Lessor's rights and the Tenant's
obligations under this Section shall survive the expiration or earlier termination of the
Term.
IT IS AGREED between the Parties hereto that in the vent of a sale of the said premises
or if the said premises be expropriated or condemned by any Department of the Federal,
Provincial or Municipal Govemments then the Lessor shall have the right notwithstanding
anything herein contained to terminate this lease upon giving three months' notice in
writing to the Lessee of his intention so to do or by paying the said Lessee a bonus of
three months' rent, in which latter event, the Lessee undertakes to vacate the said
premises at the expiration of thirty (30) days from the delivery of such notice.
THE Lessee agrees to pay the cost of any installations, additions, or alterations to the said
premises that the Lessor may be required to make by any Municipal, Provincial or other
governing authority, or requested by any private protective system used by the Lessee, for
the security and protection of the Lessee and his employees and his or their effects
including but not so as to limit the foregoing installations, additions and alterations for fire
and theft protection and all such installations, additions, or alterations shall forthwith
become the property of the Lessor.
AND the Lessee further covenants, promises and agrees with the Lessor that
notwithstanding any present or future Act of the Legislature of the Province of Ontario,
none of the goods or chattels of the Lessee at any time during the continuance of the term
hereby created on the said demised premises shall be exempt from levy by distress for
rent in arrears by the Lessee as provided for by the said Section of said Act, and that upon
any claim being made for such exemption by the Lessee or on distress being made by the
Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee
in any action brought to test the right to the levying upon any such goods as are named
exempted in the said Section, the Lessee waiving as he hereby does all and every benefit
that could or might have accrued to him under and by virtue of the said section of the said
act but for the above covenant.
The Lessor covenants with the Lessee for quiet enjoyment.
The Lessor further covenants with the Lessee as follows:
To pay water rates for the normal supply of cold water to the said premises,
To give the Lessee, his agents, clerks, servants and all persons transacting
business with the Lessee, in common with other persons, the right to enter the demised
premises by means of the main entrance on and free use of the Beech Avenue passages
from the street to the said premises at all reasonable times, subject to rules and
regulations in regard to the said building as may be passed from time to time.
PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of
covenants.
TAXES The Lessee covenants and agrees to pay all taxes, municipal, parliamentary or otherwise,
assessed against the demised premises of the Lessor or Lessee, on account thereof
including any business taxes and taxes on personal property or income of the Lessee,
License fees, or other taxes imposed upon the property, business or income of the
Lessee,
VOIDANCE OF
LEASE VAcmr
OR IMPROPER
USE
IT IS FURTHER DECLARED AND AGREED that in case the said premises or any part
thereof be used by any other person or persons, or for any other purpose than as above
provided, without the written consent of the Lessor, this lease shall, at the option of the
Lessor, cease and be void, and the term hereby created expire and be at an end, anything
hereinbefore to the contrary notwithstanding and the proportionate part of the current rent
shall thereupon become immediately due and payable, and the Lessor may re-enter and
take possession of the premises as though the Lessee or other occupant or occupants of
said premises were holding over after the expiration of the term; or in such case instead of
determining this lease as aforesaid and re-entering upon the demised premises, the
Lessor may take possession of the demised premises, or any part or parts thereof, and let
and manage the same and grant any lease or leases thereof upon such terms as to the
1439
RISKS OF
INJURY
NOTICE OF
ACCIDENT
INSURANCE
BUSINESS NOT
TOBEA
NUISANCE
SIGN
WATER
Lessor or its assigns may appear to be reasonable, and demand, collect, receive and
distrain for all rental which shall become payable in respect thereof, and apply the said
rentals after deducting all expenses incurred in connection with the demised premises
and in the collection of the said rent including reasonable commission for the collection
thereof and the management of the demised premises, upon the rent hereby reserved
and the Lessor and its assigns and every such agent acting as aforesaid from time to
time, shall in so acting be the agents of the Lessee, who alone shall be responsible for
their acts, and the Lessor and its assigns shall not be accountable for any moneys
except those actually received, notwithstanding any act, neglect, omission or default or
any such agent acting as aforesaid.
AND IS FURTHER DECLARED AND AGREED THAT the Lessor shall not be
liable for any damage to any property at any time upon the demised premises arising
from gas, steam, water, rain or snow, which may leak into, issue or flow from any part of
the said lands or from the gas, water, steam or drainage pipes or plumbing works of the
same or from any other place or quarter or for any damage caused by or attributable to
the condition or arrangement of any electric or other wires in the said building, or on or
around the said lands.
The Lessee shall be liable for any damage done by reason of water being left
running from the taps in the demised premises or from gas permitted to escape therein.
AND the Lessor shall not be responsible for any personal injury which shall be
sustained by the Lessee or any employee, customer or other person who may be upon
the demised premises or in the said building or the entrances or appurtenances thereto.
All risks of any such injury being assumed by the Lessee, who shall hold the Lessor
harmless and indemnified therefrom.
THE Lessee shall give the Lessor prompt written notice of any accident or other
defect in the sprinkler system, water pipes, gas pipes or heating apparatus, telephone,
electric or other wires on any part of the premises, or on or around the said lands,
THE Lessee covenants with the said Lessor that his said business to be so
carried on in the said building will not be of such a nature as to increase the insurance
risk on the said premises or cause the Lessor to pay an increased rate of insurance
premiums on the said premises by reason thereof and it is distinctly understood that in
case said business so carried on by the Lessee is or becomes of such a nature to
increase the insurance risk or causes the Lessor and/or other occupants of the said
building to pay an increased rate of insurance premiums, that the Lessee will from time
to time pay to the Lessor the increased amount of insurance premiums which the said
Lessor and other occupants of the said building have to pay in consequence thereof;
provided that the Lessee covenants that he will not carry on or permit to be carried on
any business in the said building which may make void or voidable any insurance held
by the Lessor or the other occupants of the said building,
PROVIDED that the Lessee will not do or permit anything to be done on the said
premises or permit or keep anything therein which may be annoying to the Lessor or
other occupants of the said building or which the said Lessor may deem to be a
nuisance and that no machinery shall be used therein which shall cause any undue
vibration in or to the said premises and that in case of the Lessor or any other occupants
of the said building reasonably complaining that any machinery or operation or process
is a nuisance to it or them or which causes any undue vibration or noise in the said
premises, that upon receiving notice thereof, the said Lessee will immediately abate
such nuisance. The said Lessee covenants not to obstruct or interfere with the rights of
the Lessor or other occupants of the said building or in any way injure or annoy them or
conflict with any of the rule and regulations of the Board of Heath or with any statue or
municipal by-law.
AND ITS HEREBY FURTHER AGREED by and between the said Lessor and the
said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed
by the said Lessee on any part of the outside or inside of the building whatever. Unless
of such manner, color, size and style and in such places upon or in said buildings as
shall be first designated by the Lessor, and, furthermore, the Lessee, on ceasing to be
Lessee of the demised premises, will, before removing his goods and fixtures from the
said premises, cause any sign as aforesaid to be removed or obliterated at his own
expense and in the workmanlike manner to the satisfaction of the Lessor,
THE Lessor agrees to pay for normal water consumed on the said premises but
in the event of any abnormal consumption of water either by reason of the character of
the business carried on by the Lessee or by the use of mechanical or other contrivances
the Lessee consents to the installation of a water meter at his own expense, if
necessary, and further agrees to pay for the excess water consumed on the said
premises.
1440
FIRE
NO
ABATEMENT OF
RENT
RIGHT TO
SHOW
PREMISES
NOTICES
OVERHOLDING
PROVIDED that if during the term herein or any renewal thereof the premises
shall be destroyed or damaged by fire or the elements then the following provisions shall
apply:
(a) If the demised premises shall be so badly injured as to be unfit for occupancy,
and as to be incapable of being repaired with reasonable diligence within one hundred
and twenty days if the happening of such injury, then the term hereby granted shall
cease and be at an end to all intents and purposes from the date of such damage or
destruction, and the Lessee shall immediately surrender the same, and yield up
possession of the demised premises to the Lessor, and the rent from the time of such
surrender shall be apportioned;
(b) If the demised premises shall be capable, with reasonable diligence, of being
repaired and rendered fit for occupancy within one hundred and twenty days from the
happening of such injury as aforesaid, but if the damage is such as to render the
demised premises wholly unfit for occupancy, then the rent hereby reserved shall not
run or accrue after such injury, or while the process of repair is going on, and the Lessor
shall repair the same with all reasonable speed, and the rent shall recommence
immediately after such repairs shall be completed.
(c) If the demised premises shall be repaired within one hundred and twenty days as
aforesaid, and if the damage is such that the said premises are capable of being
partially used, then until such damage shall have been repaired, the rent shall abate in
the proportion that the part of the demised premises rendered unfit for occupancy bears
to the whole of the demised premises.
THERE shall be no abatement from or reduction of the rent due hereunder, nor
shall the Lessee be entitled to damages, losses, costs or disbursements from the
Lessor during the term hereby created on, caused by or on account of fire (except as
above), water sprinkler systems, partial or temporary failure of stoppage of heat, light,
elevator, live steam or plumbing service in or to the said premises of building, whether
due to acts of God, strikes, accidents, the making of alterations, repairs, renewals,
improvements, structural changes to the said premises or buildings or the equipment or
systems supplying the said services, or from any cause whatsoever; provided that the
said failure or stoppage be remedied within a reasonable time.
THAT the Lessee will permit the Lessor to exhibit the demised premises during
the last three months of the term to any prospective tenant and will permit all persons
having written authority therefor to view the said premises at all reasonable hours.
THAT any notice which either of the parties is required or permitted to give
pursuant to any provision of this lease may, if intended for the Lessee, be given by a
writing mailed by registered mail addressed to the Lessee 21 Beech Avenue,
Bowmanville and if intended for the Lessor by a writing left at the premises of the Lessor
at 26 Beech Avenue, Bowmanville.
Or mailed by registered mail addressed to the Lessor at the Lessor's said premises, and
such notice shall be deemed to have been given at the time it was delivered or mailed,
as the case may be.
PROVIDED further and it is hereby agreed that should the Lessee hold over
after the expiration of this lease and the Lessors thereafter accept rent for the said
premises, the Lessee shall hold the said premises as a monthly tenant only of the
Lessors but subject in all other respects to the terms and conditions of this lease,
The words importing the singular number only shall include the plural, and vice
versa, and words importing the masculine gender shall include the feminine gender, and
words importing persons shall include firms and corporations and vice versa.
Unless the context otherwise required the word "Lessor" and the word "Lessee"
wherever used herein shall be construed to in include and shall mean the executors,
administrators, successors and/or assigns of the said Lessor and Lessee, respectively,
and when there are two or more Lessees bound by the same covenants herein
contained, their obligations shall be joint and several.
1441
This lease may be terminated by either party on one year's written notice to the other
IN WITNESS WHEREOF the parties hereto have executed these presents.
SIGNED, SEALED and DELIVERED
(THE CORPORATION OF THE
(MUNICIPALITY OF CLARINGTON
(
(
(Mayor
(
(
(
( Clerk
(
(
(
(The Bowmanville Tennis Club
1442
SCHEDULE OF RULES AND REGULATIONS FORMING PART OF THE WITHIN LEASE
1. The sidewalks, entrances, elevators, stairways and corridors of the building shall not be
obstructed by any tenants or used by them for any other purpose than for ingress and
egress and no tenant shall place or allow to be placed in the hallways, corridors or
stairways any waste paper, dust, garbage, refuse or any thing whatever that shall tend to
make them appear unclean, untidy or filthy.
2. The floors, sky-lights and windows that reflect or admit light into the passageways or into
any place in the said building shall not be covered or obstructed by any of the tenants,
and no awnings shall be put over any window: the water closets and other water
apparatus shall not be used for any purpose other than those for which they were
constructed, and no sweepings, rubbish, rags, ashes or other substance shall be thrown
therein, and any damage resulting to them from misuse shall be borne by the tenant by
whom or by whose employee the damage was caused.
3, All window signs, interior signs and signs on glass doors must be approved in writing by
the Lessor before the Lease engages a sign contractor to paint said signs, and all such
signs shall be painted in the form previously so approved by the Lessor,
4. If any sign, advertisement or notice shall be inscribed, painted or affixed by the Lessee on
or to any part of the said building whatever, then the Lessor shall be at liberty to enter on
said premises and pull down and take away any such sign, advertisement or notice, and
the expense thereof shall be payable by the Lessee.
5. If by reason of any alterations which the Lessee may make or may permit to be made,
with or without the consent of the Lessor, to any part of the demised premises or to any
fixtures in the demised premises, the addition of any equipment or the use of any material
which the Lessee, its employees or other persons permitted by the Lessee to be on the
premises may use or keep in the said premises, or any change in the type of occupancy
of the demised premises which the Lessee may make or permit to be made, there is any
increase in the insurance premiums payable by the Lessor on any tire insurance which
may be in effect or which the Lessor may hereafter place upon the building of which the
demised premises form a part, the Lessee agrees to pay to the Lessor the amount of
such increase, and the parties agree that a statement by the insurance broker of the
Lessor of the amount of such increase shall be final and binding upon the parties,
6, No safes, machinery, equipment, heavy merchandise or anything liable to injure or
destroy any part of the building shall be taken into it without the consent of the Lessor in
writing, and the Lessor shall in all cases retain the power to limit the weight, and indicate
the place where such safe or the like is to stand, and the cost of repairing any and all
damage done to the building by taking in or putting out such safe or the like or during the
time it is in or on the premises, shall be paid for on demand by the tenant who so causes
it. No tenant shall load any floor beyond its reasonable weight carrying capacity as set
forth in the municipal or other codes applicable to the building,
7, In order that the demised premises may be kept in a good state of preservation and
cleanliness, the tenant shall during the continuance of its lease permit the janitor or
caretaker of the Lessor to take charge of and clean the demised premises, in default of
the tenant doing so,
8, The Lessor shall have the right to enter the demised premises at reasonable hours in the
day to examine the same or to make such repairs and alterations as it shall deem
necessary for the safety and preservation of the premises, and also during the three
months previous to the expiration of the lease of the demised premises, to exhibit the said
premises to be let and put upon them its usual notice "For Rent", which said notice shall
not be removed by any tenant.
9, Nothing shall be thrown by the tenants, their clerks or servants out of the windows or
doors or down the passages and sky-lights of the building,
10, No animals shall be kept in or about the premises,
11. If the Lessee desires telegraph or telephone, call bell or other private signal connections,
the Lessor reserves the right to direct the electricians or other workmen as to where and
how the wires are to be introduced, and without such directions no boring or cutting for
wires shall take place. No other wires of any kind shall be introduced without the written
consent of the Lessor.
12. No one shall use the leased premises for sleeping apartments or residential purposes,
13, Tenants and their employees shall not make or commit any improper noise in the
building, or in any way interfere with or annoy any tenants or those having business with
them.
1443
14, All tenants must observe strict care not to allow their windows to remain open as so as to
admit rain or snow, or so as to interfere with the heating of the building, The tenants
neglecting this rule will be responsible for any injury caused to the property of other
tenants or to the property of the Lessor by such carelessness. The Lessee, when closing
offices for business, day or evening, shall close all windows and lock all doors,
15, The Lessee agrees not to place any additional locks upon any doors of the demised
premises and not to permit any duplicate keys to be made therefore: but to use only
additional keys obtained from the Lessor, at the expense of the Lessee, and to surrender
to Lessor on the termination of the lease all keys of the said premises,
16, The Lessee shall give to the Lessor prompt written notice of any accident or any defect in
the water pipes, gas pipes, heating apparatus, telephone or electric light, or other wires in
any part of the said building,
17. No inflammable oils or other inflammable, dangerous or explosive materials shall be kept
or permitted to be kept in the demised premises,
18, The caretaker will have charge of all radiators and will give all information for the
management of the same, and the Lessee shall give to the Lessor prompt written notice
of any accident to or defects in the water pipes or heating apparatus.
19. No bicycles or other vehicles shall be brought within the building.
20. Nothing shall be placed on the outside of windows or projections of the demised
premises, No air-conditioning equipment shall be placed at the windows of the demised
premises without the consent in writing of the Lessor.
21. Spikes, hooks, nails, screws or knobs shall not be put into the walls or woodwork of the
building.
22, The Lessor shall not be liable for any damage to any property at any time on the demised
premises, nor for the theft of any of the said property, nor shall it be liable for an escape
or leakage of smoke, gas, water, rain or snow, howsoever caused, nor for any accident to
the property of the Lessee,
23, Any person entering upon the roof of the building does so at his own risk,
24, The Lessor reserves the right to restrict the use of the demised premises to the Lessee
and/or its employees after 11 p.m,
25, No tenant shall be permitted to do cooking or to operate cooking apparatus except in a
portion of the building rented for the purpose.
26, The Lessor shall have the right to make such other and further reasonable rules and
regulations and to alter, amend or cancel all rules and regulations as in its judgment may
from time to time be needed for the safety, care and cleanliness of the building and for the
preservation of good order therein and the same shall be kept and observed by the
tenants, their clerks and servants. The Lessor may from time to time waive any of the
such rules and regulations as applied to particular tenants and it is not liable to the
Lessee for breaches thereof by other tenants.
1444
Cl!Jl-YJgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
July 7, 2008
Report #: COD-49-08
Resolution #:
File #:
By-law #:
Subject:
Joint Agreement Purchase - Orthophotography
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-49-08 be received;
2. THAT Council approves the purchase of Orthophotography for 2008 and
2010 from the Region of Durham for an approximate cost for 2008 and 2010
are $15,300 and $9,300 respectively plus taxes in a joint agreement with the
lake front Municipalities and First Base Solutions Inc;
3. THAT the requirements of Purchasing By-law 2006-127 be waived in this
instance; and
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and
the Clerk to execute the necessary agreement be approved.
Attachments: Attachment #1 - Table #1 and Table #2
Attachment #2 - Sub-licence Agreement
Attachment #3 - By-law
Submitted bY~ -
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed by:d~~
Franklin Wu
Chief Administrative Officer
MM/RVD/gj
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1445
REPORT NO.: COD-48-09
PAGE 2
1.0 BACKGROUND
1.1 In 2005, the Municipality of Clarington participated with the Region of
Durham to acquire the 2005 colour Orthophotography product from J.D.
Barnes Limited/First Base Solutions Inc.
1.2 Orthophotography, a photo quality digital image of surface features in their
geometrically corrected, true map position, has become an essential
Geographic Information Systems (GIS) foundation dataset for the
Municipality and its stakeholders. In combination with other Municipal data,
Orthophotography serves as a visual depiction of a tract of land while
simultaneously providing the viewer with details about the land - zoning,
property assessment, asset management and many more. The magnitude
and pace of growth in the Municipality of Clarington requires this data to be
as current as possible to support community and environmental planning
strategies, infrastructure management, emergency response and public
consu Itation.
1.3 Current technology now allows the vendor to provide Orthophotography,
which has been processed using a digital camera. This new process
provides greater picture resolution while flying at the same altitude.
1.4 Once again the Region of Durham is acting as the lead agency to acquire
Orthophotography; this year Veridian Connections requested to participate
in this year's project, and previously participated in 2003.
1.5 Partnering on the acquisition of Orthophotography provides both financial
and operational benefits as each of the partners have similar data
requirements. As there is considerable upfront flying costs associated with
creating Orthophotography, vendors do not fly areas unless they have a
commitment from a client for the total cost. Orthophotography costs are not
dependant upon the number of users but on the area of coverage and
specification of the product which the partners share. Additionally, the
Municipality and the other partners require the Orthophotography to be of
the same age and specification as it eases integration and development of
other datasets and provides a foundation for common decision-making. As
Durham Region requires the Orthophotography for the entire Region and is
the largest stakeholder, it has assumed the role as Prime.
1.6 The 2008 and 2010 Orthophotography stakeholders and associated costs
are identified in Table 1 and Table 2 (attachment #1) respectively of this
report.
1446
REPORT NO.: COD-48-09
PAGE 3
2.0 Recommendation
2.1 First Base Solutions is being recommended to undertake this project as the
selected vendor. They have a proven track record as well as being the only
vendor offering a license agreement, which reduces the cost of acquiring
Orthophotography versus purchasing the data outright. First Base
. Solutions' licensing model is unique in the industry as they retain the
ownership of the data in order that they can sell to other prospective clients
and therefore the Region and partners do not have to subsidize the full cost
of the data.
2.2 In addition, the Cities of Mississauga, Brampton and Caledon, York Region
and Peel Region, have initiated multi-year contracts with First Base
Solutions because of low cost and high quality of the product provided.
2.3 First Base Solutions will be flying across Durham Region this spring in order
to keep their map warehouse website current, so there will no delay in the
Municipality receiving the data as the ideal flying time for Orthophotography
is in the spring due to lack of leaf coverage. In addition, it is proposed that
First Base Solutions do a fly-over of the Southern Municipalities in 2010.
3.0 Cost
3.1 The listing of 2008 Durham partners and their cost contributions to the
project are depicted in Table 1. The payment plan was developed as the
result of each stakeholder's budgets, their cost to participate and the
deliverables required for each stakeholder. All costs are subject to
applicable Provincial and Federal taxes. Costs per year have been rounded
up to the nearest dollar.
3.2 In 2010, Orthophotography updates will only be based on areas that receive
considerable growth therefore the cost of the Orthophotography and the
number of participants has been reduced. Table 2 depicts the final listing of
Durham partners and their cost contribution to the project in 2010. All costs
are subject to applicable Provincial and Federal taxes. Costs per year have
been rounded up to the nearest dollar.
4.0 FinancinQ
It is recommended that financing for the year 2008 of the agreement for the
Municipality's share in the amount of $15,300 plus taxes be provided from
the 2008 IT Budget. In addition, it is recommended the financing for the
year 2010 of the agreement for the Municipality's share in the amount of
$9,300 plus taxes be included in the 2010 IT Budget.
1447
REPORT NO.: COD-48-09
PAGE 4
5.0 Conclusion
It is respectfully recommended that the IT Division of the Corporate Services
Department be authorized to join the Region of Durham to have First Base
Solutions inc. provide updated Orthophotography through a multi-year license
agreement and that the Mayor and Municipal Clerk be authorized to sign the
sub-license agreement between the Region of Durham and the Municipality of
Clarington.
1448
ATTACHMENT #1
Table 1
Entire Region Flown in 2008 - 20cm
Stakeholders Coverage Proposed 2008 20cm
Durham Region 2,525 $82,450
Pickering 232 13,500
Ai ax 67 9,500
Whitby 147 12,500
Oshawa 146 15,300
Clarington 611 15,300
Brock 423 4150
Scugog 476 4150
Uxbridge 423 4150
Durham Region Police Services 4,000
Durham District School Board 5,000
Toronto Regional Conservation Authority 5,000
Veridian 20,000
Additional Deliverables
Durham Region Police Services 650
- reduced resolution region-wide
40cm B/W MrSID mosaic
TOTAL COST 2525 $195,650
Table 2
Urban Areas in 2010 - 20cm
Stakeholders Coverage Proposed 2010 20cm
Durham Region $40,200
Pickering 232 8,200
Ajax 67 5,800
Whitby 147 7,600
Oshawa 146 9,300
Clarington 295 9,300
Durham Region Police Services 1,000
Durham District School Board 1,500
Veridian 9,000
Additional Deliverables
Durham Regional Police Services 650
- reduced resolution region-wide
40cm B/W MrSID mosaic
TOTAL COST 887 $92,550
, 1449
,
A IT ACHMENT #2
SUB-LICENCE AGREEMENT
THIS AGREEMENT is made this day of
,2008
BET WEE N:
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
- and -
THE MUNICIPALITY OF CLARINGTON
(the "Municipality")
WHEREAS the Region pursuant to a Primary Subscriber License Agreement with First
Base Solutions Inc. (the "Primary Subscriber License") has been granted a non-exclusive and
non-transferable licence to use certain Information as the terms are used in that Primary
Subscriber License;
AND WHEREAS the Region has requested the Municipality to participate in sharing the
costs of acquiring the Information (the "Information");
AND WHEREAS the Primary Subscriber License Agreement with First Base Solutions
Inc. (First Base Solutions) allows the Region to grant to the Municipality a non-exclusive, non-
transferable licence to the Information;
NOW THEREFORE the Municipality and the Region for good and valuable consideration
(the receipt and sufficiency of which is hereby acknowledged), hereinafter agree as follows:
1. Subject to the terms and conditions of the Primary Subscriber License with First Base
Solutions, the Region grants to the Municipality a non-exclusive, non-transferable
licence to use the Information as specified and upon the terms and conditions as set out
in the Primary Subscriber License Agreement.
2. Except as expressly permitted under the Primary Subscriber License, the Municipality
shall not sell, assign, transfer, sublicense or distribute the Information to any other
person.
3. This Agreement shall commence on and continue until terminated in
accordance with the provisions of the Primary Subscriber License Agreement.
4. The Municipality shall enter into an Assumption Agreement with First Base Solutions Inc.
substantially in the form of Appendix "A" hereto prior to obtaining access to the
Information.
5. The Municipality acknowledges that it has read the Primary Subscriber License
Agreement, which is attached as Appendix "B" to this Agreement and agrees to be
bound by, and to comply with, the terms and conditions of the Primary Subscriber
License Agreement including all restrictions as if it was an original signatory thereto.
1450
6.
7.
8.
9.
10.
11.
12.
13.
4
- 2 -
The Municipality hereby acknowledges that the Information was not created by or for the
Municipality and the Municipality does not have the authority to regulate the use of the
Information and does not have the statutory obligation to collect or maintain the
Information.
The Municipality shall notify the Region in writing with respect to any issues or disputes
arising from or related to the Information, including notification of any default under this
Agreement.
The fees payable by the Municipality for the Information and services provided
hereunder are set out in Appendix "C" to this Agreement.
The Region shall invoice the Municipality for their share of the Information licence fees
and deliverables, all fees payable under this Agreement are due and payable within
thirty (30) calendar days from the invoice date.
If the Municipality fails to make any payment when due, in addition to all other rights and
remedies available to the Region, the Region has the right to charge interest on all
outstanding amounts and the rate of interest shall be that in effect by the Region at the
time in respect of overdue general receivable accounts.
First Base Solutions will deliver the Information to the Region in accordance with the
delivery schedule as contained in the Primary Subscriber License Agreement attached
hereto as Appendix "C". The Region will provide the Information to the Municipality as
soon as is reasonably practicable,
The Region makes no warranties with respect to the Information provided by the Region
or First Base Solutions under this Agreement and the Information are provided on an "as
is" basis and "as available", without any other warranties, representations or conditions,
express or implied, including, without limitation, warranties or conditions or merchantable
quality, fitness for a particular purpose, or non-infringement of third party rights, or those
arising by law or by statutes, or by usage of trade or course of dealing. The entire risk
as to the result and performance of the Information is assumed by the Municipality.
Provided that the Region meets its obligations under this Agreement, the Region shall
have no liability to the Municipality or any other person or entity for any claims, actions,
loss, damage including without limitation, loss of revenue or profit or savings, lost or
damaged data, or other commercial or economic loss or any indirect or incidental,
special or consequential damages whatsoever even if the Region has been advised of
the possibility of such damages; or for claims of any nature by a third party, nor shall the
Region's suppliers, agents, employees or representatives have such liability.
Notwithstanding anything else in this Agreement the Region's maximum aggregate
liability to the Municipality for any cause whatsoever related to the Information shall not
exceed the fees actually paid by the Region in the last 12 months under this Agreement,
if any; or, if no licence fees have been paid, one dollar. This section shall apply whether
or not the liability results from a breach of a fundamental term or condition, or a
fundamental breach.
Notwithstanding anything in this agreement, neither party shall be liable for any failure or
delay in performing its obligations under this Agreement, due to causes outside its
1451
- 3 -
reasonable control, provided that a party claiming the benefit of this section shall use its
best efforts to eliminate the cause or causes beyond its control.
14. Except as expressly provided in this Agreement, dates and times by which a party is
required to render performance (not payment) under this Agreement or any schedule
hereto shall be postponed automatically to the extent and for the period of time that such
party is prevented from meeting them by reason of any cause beyond its reasonable
control, provided the party prevented from rendering performance notifies the other party
immediately and in detail of the commencement and nature of such cause and the
probable consequences thereof, and provided further that such party uses reasonable
commercial efforts to render performance in a timely manner utilizing to such end all
resources reasonably required in the circumstances,
15. This Agreement, including any amendments and supplements hereto, constitutes the
entire agreement between the parties with respect to the subject matter hereof. This
Agreement supersedes all prior or contemporaneous agreements, negotiations,
representations, proposals, discussions and understandings, oral or written, relating to
the subject matter hereof. This agreement may be amended, supplemented or modified
only by written instrument, signed by each of the parties hereto.
16. This Agreement shall be governed by and interpreted in accordance with the laws of the
Province of Ontario and the laws of Canada applicable therein.
17. All notices required or permitted to be given under this Agreement shall be in writing and
either delivered personally or by pre-paid courier or transmitted by facsimile or other
similar means of confirmed electronic communication, to the Region at:
.
Attention: Jim Silburn
Fax: (905) 666-6205
e-mail: James.Silburn@region.durham.on.ca
and to the Municipality at:
.
Attention: Rob Van Dyk
Fax: (905) 623-6020
e-mail: rvandvk@c1arinqton.net
or to such other address and facsimile number as either party may notify to the other
from time to time. All notices shall be effective when actually received.
18. The relationship of the parties shall be that of independent contractors. Nothing in this
Agreement shall be interpreted to create any partnership, joint venture, or similar
relationship, or subject the parties to any implied duties or obligations respecting the
conduct of their affairs which are not expressly stated herein.
1452
- 4 -
19. This Agreement shall be binding upon and enure to the benefit of each of the parties
hereto and their respective successors and permitted assigns. This Agreement may not
be assigned by the Municipality, except with the prior written consent of the Region.
20. The failure of either party at any time to require performance of any provision shall not
affect the right to require performance at any other time, nor shall the waiver by either
party of a breach of any provision be a waiver of any succeeding breach or a waiver of
the provision itself.
21. If any provision of the Agreement is declared illegal, void or unenforceable for any
reasons, such provision shall be severed from the balance of this agreement and the
remaining provisions hereof shall continue in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Ownership Mapping
License by their duly authorized officers in that behalf.
THE REGIONAL MUNICIPALITY OF DURHAM
Per:
Roger Anderson, Regional Chair
Per:
P.M. Madill, Regional Clerk
IlWe have authority to bind the Corporation
THE MUNICIPALITY OF CLARINGTON
Per:
Name & Title:
Per:
Name & Title:
IlWe have authority to bind the Corporation
G :\GIS\Administration\Ortho\Sublicensee agreement_ Ortho,doc
1453
.
APPENDIX "A"
ASSUMPTION AGREEMENT
THIS AGREEMENT is made the
day of
,2008
BETWEEN:
FIRST BASE SOLUTIONS INC.
a corporation existing under the laws of the Province of Ontario
(herein referred to as the "Licensor")
OF THE FIRST PART
- and -
THE MUNICIPALITY OF CLARINGTON
(herein referred to as the "Registered Affiliate")
OF THE SECOND PART
WHEREAS:
A. The Licensor and The Region of Durham (the "Licensee") are parties to a Primary
Subscriber License Agreement made as of , 2008 (herein referred to as the
"Agreement").
B. Pursuant to the Agreement, there can be no use of the Information by the Registered
Affiliate unless the Registered Affiliate first enters into an assumption agreement with
the Licensor and the prior written consent of the Licensor is obtained.
NOW THEREFORE THIS AGREEMENT WITNESSETH that, for good and valuable
consideration (the receipt and sufficiency of which is hereby acknowledged), the parties
hereto covenant and agree each with the other as follows:
1454
1. Covenant to be Bound
The Registered Affiliate covenants and agrees to be bound by all of the terms
of the Agreement in the same manner as if it had been an original signatory
thereto and to the same extent as the Licensee, except that the parties hereto
acknowledge that the Registered Affiliate shall not be responsible for any of
the fees as provided for in Section 4 of the Agreement.
2. Consent of Licensor
The Licensor hereby grants consent for the use of the Information by the
Registered Affiliate pursuant to the terms of the Agreement.
3. Rights of Registered Affiliate
The Registered Affiliate acknowledges and agrees that its rights under the
Agreement are dependent upon the rights of the Licensee under the
Agreement and shall terminate upon termination of the Agreement for any
reason whatsoever.
4. Governing Law
This Assumption Agreement shall be governed by and construed in
accordance with the laws of the Province of Ontario and the federal laws of
Canada applicable therein.
5. Meanings
Terms used in the Agreement shall have the same meaning as therein when
used herein.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Assumption Agreement as of the day, month and year first written.
FIRST BASE SOLUTIONS INC.
By:
Name:
Title:
MUNICIPALITY OF CLARINGTON
Bv
Name:
Title:
1455
PRIMARY SUBSCRIBER LICENSE AGREEMENT
THIS AGREEMENT is made as of the
day of
,2008
BETWEEN:
FIRST BASE SOLUTIONS INC.,
a corporation existing under the laws of the Province of Ontario
(herein referred to as the "Licensor")
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
a corporation existing under the laws of the Province of Ontario
(herein referred to as the "Licensee")
IN CONSIDERATION of the mutual covenants set forth herein and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties covenant and agree as follows:
1. LICENSE
1.1 Grant of License. Subject to the terms and conditions of this Agreement,
the Licensor grants to the Licensee a non-exclusive, non-transferable license for the
term of this Agreement to use and authorize use by its internal end users on an
unlimited number of stand-alone or networked computers of the data identified in
Schedule "A" hereto (the "Information"). The rights granted by this Agreement are
limited to:
(a) displaying and distributing machine-readable copies of the Information
by means of computer equipment which allows end users within the
Licensee's organization to display and retrieve portions of the
Information; and
(b) reproducing the Information in visually perceptible or machine-
readable copies in connection with such display and distribution.
Except as expressly permitted by this Agreement, the Licensee shall not resell,
lease, loan, sublicense, distribute or retransmit any Information to any other person,
or use the Information to create any derived product for any of these prohibited
purposes, by any means whatsoever without the prior written consent of the
Licensor.
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1.2 Sublicense. The Licensee shall have the right to sublicense the Information
to the affiliated entities listed in Schedule "B" hereto, provided that each such affiliate
(hereinafter referred to as a "Registered Affiliate") shall have entered into an
Assumption Agreement with the Licensor substantially in the form of Schedule "e"
hereto prior to obtaining access to the Information.
1.3 Use by Third Parties. The Licensor also agrees that the Licensee and its
Registered Affiliates may provide access to the Information to third parties as
follows:
(a) The Licensee and its Registered Affiliates shall have the right to
distribute the Information to their respective contracted service
suppliers, provided that the licensee or the Registered Affiliate, as the
case may be, takes such steps as are reasonably necessary to ensure
that such contracted service suppliers use the Information only for the
purpose of providing the contracted service and upon completion of
the contracted service dispose of the Information either by destroying
it or returning it to the Licensee or the Registered Affiliate, as the case
may be. The Licensee or the Registered Affiliate, as the case may be,
shall be responsible for ensuring that a contracted service supplier
uses and disposes of the Information in accordance with the terms of
this Agreement;
(b) The Licensee and its Registered Affiliates may display the Information
for public viewing, provided that the Information is displayed for non-
commercial, non-revenue generating purposes related to the business
of the Licensee or its Registered Affiliates and in such a manner that
unlicensed third parties may not copy or otherwise acquire the
Information in a georeferenced electronic format or obtain access to
the vector graphics underlying the Information;
(c) The Licensee and its Registered Affiliates may not:
(i) distribute the Information in any form of service for which end
users are required to pay periodic or usage-based fees for
access to the Information;
1.4 Errors. The Licensee shall promptly advise the Licensor of any errors in the
Information of which it becomes aware.
1.5 Charges to Registered Affiliates. The Licensee shall have the right to
charge its Registered Affiliates for use of the Information, provided that the Licensee
acknowledges and agrees that the Licensee shall have full responsibility for payment
of all fees and charges payable to the Licensor under the terms of this Agreement.
1.6 Disclaimer. Prior to any distribution of the Information to contracted service
suppliers or any display of the Information for public viewing, the Licensee and the
Licensor shall agree upon the language of a suitable disclaimer be presented on the
internet and possibly an abbreviated version on the map images for the protection of
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3
the Licensee and Licensor. The copyright notice on the map images shall state:
ORTHOPHOTOGRAPHY provided by @ First Base Solutions Inc.,
2. DELIVERY OF INFORMATION AND SERVICES
The Licensor shall deliver the Information and updates to the Licensee in a mutually
agreed upon format as set out in Schedule "A" and in accordance with the
Fees/Delivery Schedule set out in Schedule "0". In any event, if the Information is
not delivered in accordance with the Fees/Delivery Schedule as set out in Schedule
"D", the Licensor shall be allowed an extension of 60 days from the date scheduled
for delivery to provide the Information to the Licensee.
3. LICENSEE OBLIGATIONS
3.1 Receive and Manage Information. The Licensee is responsible for
receiving, storing, managing and distributing the Information. In addition, the
Licensee should be responsible for supplying all computer equipment, software and
communications facilities required to receive the Information in the format described
in Schedule "A".
3.2 Unauthorized Use. The Licensee shall promptly notify the Licensor if it
becomes aware of any unauthorized use of the Information and shall assist the
Licensor in taking such steps and proceedings as the Licensor considers necessary
or desirable to prevent further unauthorized use.
4. CHARGES
4.1 Fees. The Licensee shall pay the Licensor license fees for the rights granted
under this Agreement as set out in Schedule "D".
4.2 Taxes. Annual license fees and all other charges provided for herein are
exclusive of any federal sales, provincial sales, use or value added taxes or other
governmental fees or levies payable and the Licensee shall be responsible for all
such taxes, fees or levies which are applicable to the license fees or other charges
hereunder.
5. TERM AND TERMINATION
5.1 Term. The term of this Agreement with respect to the financial commitments
is for 2008 and 2010 as per Schedule "0". The term of the Agreement with respect
to the use of the Information shall remain OPEN subject to the terms and conditions
of this Agreement.
5.2 Termination for Breach of Agreement. In the event of a breach or violation
by the Licensee of any condition or term of this Agreement, the Licensor shall,
subject to the terms of this Section 5, have the right to invoke all or any of the
following remedies (the "Remedies"):
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(a) cancel and revoke the license granted to the Licensee hereunder and
require the Licensee to return all copies of the Information then in its
possession or control;
(b) suspend the Licensor's delivery of updates of the Information to the
Licensee.
Any breach or violation by a Registered Affiliate of any condition or term of this
Agreement shall constitute a breach or violation by the Licensee. Notwithstanding
the foregoing, the Licensor shall have the right to invoke all or any of the Remedies
with respect to such Registered Affiliate without affecting the rights of the Licensee
or any other Registered Affiliate hereunder.
5.3 Termination by the Licensee. In the event that the Licensor does not
deliver the Information in accordance with the Fees/Delivery Schedule, and in any
event, within 60 days after the date scheduled for delivery of the Information, the
Licensee, shall, subject to the terms of this Section 5, have the right to terminate this
Agreement without further notice to the Licensor.
5.4 Notice of Licensee's Breach. In the event of a breach or violation by the
Licensee of any condition or term of this Agreement, except as noted below, the
Licensor shall be required to provide written notice of such breach or violation to the
Licensee and shall not be permitted to invoke all or any of the Remedies unless the
Licensee has failed to remedy such breach or violation within thirty (30) days
following receipt of such notice. Notwithstanding the foregoing, the Licensor shall
have the right to invoke all or any of the Remedies immediately in the event of a
breach of any of the Licensee's obligations under the following provisions of this
Agreement:
(a) Section 1.2 (Sublicense);
(b) Section 4 (Charges); or
(c) Section 6 (Confidentiality).
5.5 Obligation on Termination. Upon early termination of this Agreement
pursuant to the provisions of Section 5.2 above, the Licensee shall discontinue use
of the Information, remove all copies of the Information from any computer
equipment then in its possession or control and pay all outstanding amounts owing
at the date of termination, whether invoiced or not.
6. CONFIDENTIALITY
6.1 Licensee Obligations. The Licensee shall hold in confidence and shall not,
without the prior written consent of the Licensor, use or disclose to any person or
entity, except in accordance with the terms of this Agreement, all documents, data
and information, whether in electronic or printed form, relating to the Licensor's
business, including without limitation the Information and the terms of this
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5
Agreement. The Licensee shall use reasonable care, consistent with the measures
taken to safeguard its own confidential and proprietary information, to ensure that its
officers, employees, agents and representatives are required to keep all such
information confidential.
6.2 Intellectual Property. The Licensee acknowledges that: (a) the Licensor
shall retain all right, title and interest in the Information and all related written
materials; (b) the Information is protected by copyright and/or is a trade secret of the
Licensor; and (c) the Licensor's logos, product names, documentation and other
support material are either copyrighted or trade marked, and constitute valuable
intellectual property of the Licensor. The Licensee agrees not to remove any
product identification or notice of proprietary restrictions from the Licensor's products
and acknowledges that it does not, by virtue of receiving the Information, acquire any
proprietary rights therein, other than the limited rights granted herein.
7. WARRANTIES
7.1 Rights to Information. The Licensor warrants that it owns or has the right to
distribute the Information in accordance with this Agreement and that it has the
authority to enter into this Agreement and to grant to the Licensee the rights granted
herein.
7.2 Exclusions. THE INFORMATION AND ASSOCIATED WRITTEN
MATERIALS IN CONNECTION THEREWITH ARE PROVIDED liAS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES STATUTORY OR OTHERWISE
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
INFORMATION IS WITH THE LICENSEE. THE LICENSOR DOES NOT
WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION THAT THE
INFORMATION WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT THE
OPERATION OF THE INFORMATION WILL BE UNINTERRUPTED OR ERROR
FREE. NO ORAL OR WRITTEN ADVICE GIVEN BY THE LICENSOR, OR ITS
DEALERS, DISTRIBUTORS, AGENTS, OFFICERS OR EMPLOYEES CREATES A
WARRANTY OR IN ANY WAY INCREASES THE LICENSOR'S LIABILITY AND
THE LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
8. LIMITATION OF LIABILITY
8.1 Delay or Interruption. The Licensor shall not be liable to the Licensee or
any other person for any losses, costs, damages or expenses suffered as a result of
(i) errors in the Information, or (ii) delay or failure in performance or interruption in
access to the Information. The Licensor's sole obligation and the Licensee's sole
remedy will be the Licensor's exercise of reasonable efforts to correct any such
errors in the Information and to deliver the Information in a timely manner.
8.2 Limitation of Damages. The Licensor shall not be liable to the Licensee or
any other person for any indirect, consequential or incidental damages resulting from
use or inability to use the Information hereunder including, without limitation, the loss
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of revenues, income, profits, software or data, even if the Licensor has been advised
of the possibility or likelihood of such loss. This limitation shall apply regardless of
whether any action is brought in contract or in tort, including any claim of negligence
or fundamental breach and shall survive the expiry, termination, avoidance or
repudiation of this Agreement.
8.3 Lost Software or Data. The Licensee assumes sole responsibility for the
security and integrity of its software and data and shall be responsible for restoring
any of the Licensee's software or data files which are lost or destroyed due to any
cause including, without limitation, use of the Information. The Licensor's sole
responsibility shall be to provide the Licensee with copies of the Information and
updates thereto in accordance with this Agreement.
9. LICENSEE INDEMNITY
The Licensee hereby agrees to indemnify and hold the Licensor and its directors,
officers, employees, successors and assigns harmless from and against any and. all
losses, costs, claims, damages or expenses arising out of the Licensee's use,
modification or alteration of the Information and related materials, including any
action alleging that modifications made by the Licensee infringe the rights of a third
party respecting copyright, trade secret or patent, except where such losses, costs,
claims, damages or expenses arising from the use of the Information, are directly
attributable to the Licensor's errors, omissions and/or negligence.
10. FORCE MAJEURE
Notwithstanding anything in this agreement, neither party shall be liable for any
failure or delay in performing its obligations under this Agreement, other than
payment obligations, due to causes outside its reasonable control, provided that a
party claiming the benefit of this section shall use its best efforts to eliminate the
cause or causes beyond its control including, without limitation, obtaining materials
from other sources or using services of other suppliers. Events of force majeure
shall include, without limitation, failure or malfunction of computer equipment or
software, interruption in telecommunication services, accidents, acts of God, strikes
or other labour disputes. Nothing in this section shall prevent a party from
terminating this Agreement pursuant to section 5 hereof.
11. SURVIVAL
The restrictions on use in Section 1, the payment obligations in Section 4, the
provisions regarding proprietary rights in Section 6, the limitations in Section 8 and
the indemnity in Section 9 shall survive the termination of this Agreement.
12. GENERAL
12.1 Entire Agreement. This Agreement, including any amendments and
supplements hereto, constitutes the entire agreement between the parties with
respect to the subject-matter hereof. This Agreement supercedes all prior or
contemporaneous agreements, negotiations, representations, proposals, discussions
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and understandings, oral or written, relating to the subject-matter hereof. This
Agreement may be amended, supplemented or modified only by written instrument,
signed by each of the parties hereto.
12.2 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the Province of Ontario and the laws of Canada
applicable therein.
12.3 Notices. All notices required or permitted to be given under this Agreement
shall be in writing and either delivered personally or by pre-paid courier or
transmitted by facsimile or other similar means of confirmed electronic
communication, to the Licensor at:
140 Renfrew Drive
Suite 100
Markham, Ontario
L3R 6B3
Attention:
Fax:
E-mail:
John Knowles
(905) 477-0892
j knowles@firstbasesolutions.com
and to the Licensee at:
605 Rossland Road East, Box 623
Whitby, Ontario
L 1 N 6A3
Attention:
Fax:
E-mail:
Jim Silburn
(905) 666-6205
james. silburn@region.durham.on.ca
or to such other address and facsimile number as either party may notify to the other
from time to time. All notices shall be effective when actually received.
12.4 Relationship of Parties. The relationship of the parties shall be that of
independent contractors. Nothing in this Agreement shall be interpreted to create
any partnership, joint venture, or similar relationship, or subject the parties to any
implied duties or obligations respecting the conduct of their affairs which are not
expressly stated herein.
12.5 Successors and Assigns. This Agreement shall be binding upon and enure
to the benefit of each of the parties hereto and their respective successors and
permitted assigns. This Agreement may not be assigned by the Licensee, except
with the prior written consent of the Licensor.
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12.6 Waiver. The failure of either party at any time to require performance of any
provision shall not affect the right to require performance at any other time, nor shall
the waiver by either party of a breach of any provision be a waiver of any succeeding
breach or a waiver of the provision itself.
12.7 Severability. If any provision of the Agreement is declared illegal, void or
unenforceable for any reason, such provision shall be severed from the balance of
this Agreement and the remaining provisions hereof shall continue in full force and
effect.
IN WITNESS WHEREOF the parties have executed this agreement by their duly
authorized representatives.
FIRST BASE SOLUTIONS INC.
John Knowles, V.P. Operations
THE REGIONAL MUNICIPALITY OF DURHAM
Roger Anderson, Regional Chair
P.M. Madill, Regional Clerk
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SCHEDULE" A"
INFORMATION
INFORMATION DEFINITION:
"Information" in this Agreement includes:
. FBS Digital Ortho Mapping and OEM Mapping derived from digital vexcel aerial
photography carried out in the Spring of 2008 and the spring of 2010.
GOVERNING SPECIFICATIONS:
The governing specifications for the Information are:
FBS Digital Ortho Mapping:
· Image Type and Resolution - Colour Digital Ortho Mapping with a 20cm pixel
resolution from Vexcel UltraCAM camera system;
· Projection and Referencing System - NAD83, 6 Degree Universal Transverse
Mercator (UTM), Zone 17, Central Meridian 81 Degrees West Longitude;
· Tile Size and Format
1km by 1km GeoTif
· Delivery Media - External Hard Disk Drive or DVDs
FBS OEM Mapping:
In this Agreement "OEM Data" means:
FBS - Digital Elevation Model (OEM)
FBS - 1 Metre 3D Contour Lines
Digital Elevation Model (OEM):
· "Breaklines" to define changes of slope along such features as retaining walls,
swamp edges, shorelines, rivers/streams, natural changes in slope, paved road
edges, gravel road edges, curbed road edges, railway centrelines, parking lot edges,
airport runways and taxiways, dams, unspecified access roads/trails, etc.
· "OEM Points" to define elevations of ground points on a 10m (approx.) grid.
· Tile Size and Format - .ESRI .SHP file format in 1 km Tile format based upon the 6
degree UTM NAD-83 grid Delivery Media - DVD's
· Digital 1m 3D Contour Line Strings:
Line Strings to depict even 1 metre intermediate and 5 metre index contours
generated from the OEM. (no text or cartographic enhancement)
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10
· Tile Size and Placement - 1 Km by 1 Km tiles based upon UTM grid with even 1000
metre intervals;
· Delivery Format - One ESRI .SHP file per tile.
· Delivery Media - DVD's
Additional FBS Data:
· MrSID. 20cm resolution Colour (MrSID Gen.3) and Black and White (MrSID Gen.2)
for each Municipality and a 40cm resolution Black and White (MrSID) for the entire
region
· Drainage. ESRI .SHP file format. Regional coverage of updated drainage layer of
virtual segments and flow direction in one region-wide file
AREA OF COVERAGE:
The area of Information coverage is described as lands lying within the Regional
Municipality of Durham as described in 2008 ( approximately 2525 sq kms) .
Coverage will include all 1 km tiles that lie within or partially within the above noted
municipal area.
Note: The area to be acquired in 2010 is the southern Municipalities of Pickering,
Ajax, Whitby, Oshawa and south Clarington. An area of approximately 887 sq. km as
shown in Schedule "F".
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.
11
SCHEDULE "8"
REGISTERED AFFILIATES
(THE FOLLOWING IS A LISTING OF APPROVED REGISTERED AFFILIATES)
Municipal governments (including internal departments) within the Regional Municipality
of Durham
Utilities owned by municipal governments within the Regional Municipality of Durham
Public and Catholic School Boards within the Regional Municipality of Durham
Ambulance and Emergency Services within the Regional Municipality of Durham
Durham Regional Police Services and the Durham Regional Police Services Board
Ontario Provincial Police
Municipal Fire Departments within the Regional Municipality of Durham
Conservation Authorities within the Regional Municipality of Durham
Public Libraries within the Regional Municipality of Durham
Veridian Connections
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12
SCHEDULE"C"
ASSUMPTION AGREEMENT
THIS AGREEMENT is made the
day of
,2008
BETWEEN:
FIRST BASE SOLUTIONS INC.
a corporation existing under the laws of the Province of Ontario
(herein referred to as the "Licensor")
OF THE FIRST PART
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(herein referred to as the "Licensee")
OF THE SECOND PART
WHEREAS:
A. The Licensor and (the "Licensee") are parties to a Primary Subscriber License
Agreement made as of 2008 (herein referred to as the "Agreement").
B. Pursuant to the Agreement, there can be no use of the Information by the Registered
Affiliate unless the Registered Affiliate first enters into an assumption agreement with
the Licensor and the prior written consent of the Licensor is obtained.
NOW THEREFORE THIS AGREEMENT WITNESSETH that, for good and valuable
consideration (the receipt and sufficiency of which is hereby acknowledged), the parties
hereto covenant and agree each with the other as follows:
1. Covenant to be Bound
The Registered Affiliate covenants and agrees to be bound by all of the terms of the
Agreement in the same manner as if it had been an original signatory thereto and to
the same extent as the Licensee, except that the parties hereto acknowledge that
the Registered Affiliate shall not be responsible for any of the fees as provided for in
Section 4 of the Agreement.
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,.
13
2. Consent of Licensor
The Licensor hereby grants consent for the use of the Information by the Registered
Affiliate pursuant to the terms of the Agreement.
3. Rights of Registered Affiliate
The Registered Affiliate acknowledges and agrees that its rights under the
Agreement are dependent upon the rights of the Licensee under the Agreement and
shall terminate upon termination of the Agreement for any reason whatsoever.
4. Governing Law
This Assumption Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario and the federal laws of Canada applicable
therein.
5. Meanings
Terms used in the Agreement shall have the same meaning as therein when used
herein.
IN WITNESS WHEREOF, the parties hereto have duly executed this Assumption
Agreement as of the day, month and year first written.
FIRST BASE SOLUTIONS.
Bv:
Name: John Knowles
Title: V.P. Operations
[REGISTERED AFFIUA TEl
Bv
Name:
Title:
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, 1\ ,.
14
SCHEDULE "0"
FEES/DELIVERY SCHEDULE
FEES
License Fee for 2008 Orthophoto Mapping and Digital Elevation Model of the entire Region
of Durham $195,650.00
License Fee for 2010 Orthophoto Mapping and Digital Elevation Model of the Southern
Municipalities of Pickering, Ajax, Whitby, Oshawa and South Clarington as per FBS letter
dated November 8th 2007. $ 92,550.00
DELIVERY SCHEDULE 2008
Delivery
Digital Orthophoto Mapping & DEM
Colour MrSID of each area municipality
Black & White Mr.SID of each municipality
Black & White Mr.SID for the region (40cm)
Contours
Drainage Layer
September
September
September
September
September
September
DELIVERY SCHEDULE 2010
Delivery
Digital Orthophoto Mapping & DEM
Colour MrSID of each area municipality
Black & White Mr.SID of each municipality
Black & White Mr.SID of entire coverage (40cm)
Contours
Drainage Layer
Aug ust
August
August
Aug ust
August
August
2008
2008
2008
2008
2008
2008
2010
2010
2010
2010
2010
2010
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.. ILk
15
SCHEDULE "E"
INTERNET DISPLAY
The Information may not be displayed on the Internet at a pixel resolution that reflects a
ground distance that is less than 50 centimetres or an equivalent ESRI scale dependency
that protects personal privacy.
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J '. ..
16
SCHEDULE "F"
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1471
,
.... III.. ....
APPENDIX "C"
Fee/Delivery Sheet
1.0 TAXES. Municipal Licensee shall be responsible for and bear all taxes in effect
from time to time relating to its obtaining the products hereunder, whether
assessed, levied prior to, on or after the Effective Date. This section shall
survive termination of this Agreement.
2.0 DELIVERY AND SUPPORT FEES. The delivery and support fees payable for
the Products delivered hereunder are set out below, which amounts are
exclusive of applicable taxes in effect from time to time and Products Licence
fees, if any, and are due and payable on the payment due date as set out below.
The Municipality of Clarington - 2008 Orthophotography
DELIVERY SCHEDULE 2008
Delivery
Digital Orthophoto Mapping & DEM
Colour MrSID of each area municipality
Black & White Mr.SID of each municipality
Black & White Mr.SID for the region
Contours
Drainage Layer
September
September
September
September
September
September
2008
2008
2008
2008
2008
2008
Se tember 30, 2008
licable taxes
20100rthophotography
DELIVERY SCHEDULE 2010
Delivery
Digital Orthophoto Mapping & DEM
Colour MrSID of each area municipality
Black & White Mr.SID of each municipality
Contours
Drainage Layer
August
August
August
August
Aug ust
$15,300.00
$15,300.00
2010
2010
2010
2010
2010
Au ust 30,2010
exclusive of a Iicable taxes
$9,300.00
$9,300.00
1472
Attachment #3
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW # 2008-
Being a By-law to authorize a contract between the Corporation of the
Municipality of Clarington and the Region of Durham, Lake Front
Municipalities and First Base Solutions Inc., to enter into agreement for
the purchase of Orthophotography
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 First Base
Solutions and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of the By-law.
By-law read a first and second time this day of , 2008
By-law read a third time and finally passed this day of , 2008
Jim Abernethy, Mayor
Patti L. Barrie Municipal Clerk
1473
C!~il1gron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
Report #: COD-050-08
File#_
By-law #
Subject:
CLARINGTON KIDS INC.
COURTICE COMMUNITY COMPLEX LEASE SPACE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-050-08 be received;
2. THAT the Manager of Purchasing be authorized to proceed with the formal negotiations
of a new lease agreement with Clarington Kids Inc., for the lease of space in the
Courtice Community Complex for the term of September 15, 2008 to September 14,
2013;
3. THAT the Mayor and Clerk be authorized to execute the lease agreement in a form
satisfactory to the Municipal Solicitor; and
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to
execute the proposed Lease Agreement with the Clarington Kids Inc. be forwarded to
Council for approv .
Submitted by:
ri Marano, H.B.Sc., C.M.O.
Director of Corporate Services
R. d b~ '... /!.S) <>/ n
eVlewe . v-J ~
ranklin Wu,
Chief Administrative Officer
MM\\JB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1474
REPORT NO.: COD-050-08
PAGE 2
1. BACKGROUND AND COMMENT
1.2 The existing lease for Clarington Kids Inc. for space located at the Courtice Community
Complex, Courtice, Ontario expires September 14,2008.
1.3 On May 29, 2008 the Clarington Kids Inc. notified the Municipality that they wish to
renew the lease for a five year term, Discussions with the owner, Clarington Kids Inc.
have covered terms, conditions and formula for calculating the starting lease rate and
providing for inflationary increases during the term of the agreement. For information,
the current lease rate is $14.54 per square foot, plus GST. Included in the discussion
was the reduction in the amount of space required for the Day Care. In this instance the
Baby-sitting room will revert to the Complex for its own use thereby reducing the square
footage used by Clarington Kids from 5803 to 5556 square feet.
2. CONCLUSION
2.1 In order to proceed a new agreement will be required to cover the lease rates, the terms
and the duration. Although the lease rate not has been agreed to, a formula has been
agreed upon for the rate adjustment, (current rate per square foot plus CPI Ontario for
the month of July). Under the circumstances, it is also recommended that the agreement
be reviewed by the Municipality's solicitor. Once a final lease has been prepared and
approved by all parties including the Municipality's Solicitor, the agreement will be
provided for execution by the Mayor and Clerk.
2.2 When considering the request for a lease extension the tenants past performance has
been taken into account and comments are provided in the attached confidential
memorandum.
3. INPUT FROM OTHER SOURCES
3.1 This report has been reviewed for recommendation by the Purchasing Manager with the
appropriate departments and circulated as follows for:
Concurrence: Director of Community Services
Attachments:
Attachment 1 - Schedule "A", By-law
2 - Schedule "B", Confidential Memorandum
1475
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Clarington
Kids Inc., Courtice, Ontario, to enter into agreement for the
lease space at Courtice Community Complex, 2950 Courtice
Road North, Courtice, Ontario.
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, Clarington Kids Inc., Courtice, Ontario, and said Corporation;
and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2008.
By-law read a third time and finally passed this day of
,2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1476
~!9LiJ1gton
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY JULY ih, 2008
Resolution #:
Report #: FND-013-08
File #:
By-law #:
Subject:
FINANCIAL UPDATE AS AT MARCH 31, 2008
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-013-08 be received for information.
Submitted by:
Reviewed b~ ~~~
Franklin Wu,
Chief Administrative Officer.
NT/hjl
1501
REPORT NO.: FND-013-08
PAGE 2
BACKGROUND AND COMMENT:
1.0 This report replaces what was previously referenced as the "Cash Activity
Report". The cash activity report was a historical report that was gradually
modified to meet information requirements. At the request of Council, this report
has been re-worked to focus on overall budget variance reporting. The format is
currently a work in process and will be further enhanced throughout 2008.
2.0 First Quarter of 2008 Results
2.1 Attachment "A", the Summary of Operating Expenditures and Revenue statement
compares the Municipality's budget to actual posted expenditures and revenue
as of March 31, 2008. The statement reflects the Municipality's operating budget
only and excludes year to date expenditures for the consolidated hall/arena
boards. Net expenditures to March 31, 2008 total $12,191,178.90 which
represents 32.69% of the net operating budget. This includes annual grants and
debentures that occur at the beginning of the year. If this was prorated over the
year, the percent of the operating budget expended drops to 22%.
2.2 Attachment "A" is intended to provide an indication of the status of the
Municipality's operating accounts compared to the approved budget as at March
31,2008. However, many departments are affected by high levels of activity
during specific times of the year. For example, some activities are seasonal in
nature, such as ice rentals and winter control which result in a fluctuation of the
timing of recognition of revenues and expenses. Due to these timing differences,
this statement cannot be used in isolation.
2.3 Attachment "B", Continuity of Taxes Receivable for the three month ending
March 31, 2008 provides the status of the taxes billed and collected by the
Municipality of Clarington during the first quarter of 2008. A total of $28,181,249
in interim tax bills were issued to property owners in the Municipality during this
period. At the end of March, a total of $4,869,791 remains unpaid. This is a
decrease of $3,133,218 from our balance of $8,003,009 on January 1, 2008.
2.4 Attachment "C", Outstanding Investments as at March 31,2008 provides the
status of the Municipality's general and reserve fund investment holdings at the
end of the first quarter of 2008. The Municipality at March 31 holds $0 in general
fund and $47,755,147,68 in reserve fund investments to fund future
commitments. Typically general fund investments do not occur in the first quarter
of the year due to school board and regional levy requirements immediately
following the first installment dates. These investments are reviewed on an
ongoing basis to ensure they meet the requirement of Section 418 of the Ontario
Municipal Act and the Municipality's investment policy.
1502
REPORT NO.: FND-013-08
PAGE 3
CONCLUSION:
3.0 The report is provided as information to Council. Further reports will be provided
throughout 2008 as the financial information is updated and additional refinement
of this report takes place.
Attachments:
Attachment "A":
Attachment "B":
Attachment "C":
Summary of Operating and Expenditures and Revenue
Continuity of Taxes Receivable
Investments Outstanding
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1503
ATTACHMENT '.A"
THE MUNICIPALITY OF CLARINGTON
SUMMARY OF OPERATING EXPENDITURES & REVENUES
TO MARCH 31, 2008
2008 EXPENDED %
DEPARTMENT BUDGET TO MARCH 31 SPENT
NON-DeDartmental:
Expenditures 192,241,00 165.000,00 85,83
Revenues/Recoveries (excluding tax) (6.572,761,00) (146,521,12) 2,23
Net Non-Departmental (6,380.520,00) 18,478,88 -0,29
Office of the Mayor & Council:
Net OffIce of the Mayor & Council 760,107.00 174.657.29 22,98
OffIce of the CAO:
Net Office of the CAO 410.283.00 84,632.45 20.63
COrDorate Services:
Expenditures 3,502,954.00 727,919,17 20.78
Revenues/Recoveries (132.604,00) (65.598,32) 49,47
Net Corporate Services 3,370,350,00 662,320,85 19,65
Clerks:
Expenditures 1.948,900.00 393,774.56 20.20
Revenues/Recoveries (387.750.00) (86,440.60) 22,29
Net Clerks 1,561,150,00 307,333,96 19,69
Finance:
Expenditures 3.696,083,00 591,436,05 16,00
Revenues/Recoveries (1.160.000.00) (364.928,67) 31,46
Net Finance 2,536,083,00 226,507,38 8,93
Emergency Services:
Expenditures 7,316,016,00 1,484,083.09 20.29
Revenues/Recoveries (9.250,00) (1,825,00) 19.73
Net Emergency Services 7,306,766,00 1,482.258,09 20,29
Engineering:
Expenditures 4,297.599.00 556,209.90 12,94
Revenues/Recoveries (1,527,875,00) (308.160,98) 20.17
Net Engineering 2,769,724.00 248,048,92 8,96
ODeration:
Fleet & Debenture Pmts 1,647,314,00 735.204,72 44.63
Operating Expenditures 10,797,781,50 2,387.254.43 22,11
Expenditures 12,445,095,50 3,122,459.15 25,09
Revenues/Recoveries (375,000,00) (9.405,50) 2,51
Net Operations 12,070,095.50 3,113,053,65 25,79
Community Services:
Annual Grants & Debenture Pmts 5,981,524.00 5,299,969,86 88,61
Operating Expenditures 8,317.880,00 1,485.743,96 17,86
Expenditures 14.299,404.00 6.785.713,82 47.45
Revenues/Recoveries (4,491.857.50) (1,430.266.38) 31,84
Net Community Services 9.807,546,50 5,355,447.44 54.61
Plannina Services:
Expenditures 3,686.855,00 542,468,24 14.71
Revenues/Recoveries (599,500.00) (24.028.25) 4,01
Net Planning Services 3,087,355,00 518,439,99 16,79
TOTAL OPERATING:
Expenditures 52,555,537,50 14.628.353,72 27,83
Revenues/Recoveries (15,256.597,50) (2,437.174,82) 15.97
NET OPERATING EXPENDITURES 37.298.940,00 12.191,178,90 32.69
1504
Attachment "B"
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Continuity of Taxes Receivable
or the First Quarter of the Year 2008
December 31,2007 MARCH MARCH
BEGINNING BAL. INTEREST TAXES PAYMENTS! 2008 2007
RECEIVABLE ADDED BILLED BALANCE ADJUST,...
PREPAID TAXES 0 - -
CURRENT YEAR
TAXES (2.046,000) 28,181,249 26,135,249 (29,033,473) (2,898,223) (2,983,797)
PENALTY AND INTEREST 0 47089 47.089 119.807 27 282 22 597
FIRST PRIOR YEAR
TAXES 5,391,179 5,391,179 (1,638,820) 3,752,359 3,193,781
PENALTY AND INTEREST 271.042 180 452 451 494 1167 926\ 283 568 246 691
SECOND PRIOR YEAR
TAXES 1,919,007 1,919.007 (429,773) 1,489,234 1,161,157
PENALTY AND INTEREST 262,380 67 077 329 457 . 190 046 239 411 177 524
!THIRD & PRIOR YEARS
TAXES 1,620,959 1,620,959 (212,931 ) 1,408,028 1,144,940
PENALTY AND INTEREST 584.442 58610 643 052 . (74 920' 568 132 396318
frOT AL 8,003.009 353 228 28181 249 36,537486 131 667,695\ 4 869 791 3 359 211
... Includes refunds, write-offs. 357's, etc,
NOTE 1 : 2008 Interim Instalment months: February and April.
NOTE 2: Current year taxes are in a negative position because they represent prepaid taxes for the April instalment.
1505
Attachment "C"
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING
AS AT MARCH 31, 2008
FINANCIAL INVESTMENT INTEREST MATURITY MATURITY
INSTITUTION COST RATE VALUE DATE
GENERAL FUND
TOTAL GENERAL FUND 0.00
RESERVE FUND TO 1,374,464,00 4.52% 1,400,000,00 25-Apr-2008
TO 1,980,120.00 3,94% 2,000,000,00 25-Apr-2008
RBC 208,000.00 4.35% 257,351,00 12-May-2008
BMO 992,870,00 3,54% 1,000,000.00 13-Jun-2008
RBC 500,000,00 4,25% 595,239.37 21-J u n-2008
RBC * 4,180,000,00 . 4,05% 4,180,000.00 30-Jun-2008
BMO 2,672,055,00 3.44% 2,700,000.00 15-Jul-2008
RBC 3,796,000.00 4.05% 3,796,000.00 29-Jul-2008
RBC * 906,000.00 4.50% 906,000,00 29-Sep-2008
RBC 550,000,00 4.40% 574,200.00 14-0ct-2008
RBC 1,379,343.53 4.65% 1,787,409.00 1-Dec-2008
RBC 2,061,000.00 4,50% 2,153,745.00 3-Dec-2008
RBC 1,143,285,67 3.80% 1,338,742.00 15-Dec-2008
HBSC 3,097,754,96 3,64% 3,196,000,00 5-Jan-2009
RBC 372,440,00 4.40% 461,912.00 28-May-2009
RBC 664,993,00 4.25% 753,434.00 29-Aug-2009
RBC 739,938.86 3,55% 869,800.00 1-0ct-2009
RBC 733,772.63 3.85% 900,445.00 2-Jun-2010
RBC 5,094,062.47 4,10% 6,058,590.00 1-0ct-2010
RBC * 1,500,000,00 4.10% 1,500,000.00 6-Dec-2010
RBC 1,681,851.79 4.35% 2,080,894.41 6-Mar-2011
RBC 2,221,742,00 4,30% 2,742,301,29 18-Sep-2011
RBC 776,152.23 4,35% 986,467.00 1-Dec-2011
RBC 999,999.54 4,20% 1,244,090,00 2-Dec-2011
RBC 2,000,000.00 4,05% 2,439,161.00 16-Mar-2012
RBC 1,471,061.00 4,80% 1,859,675,00 30-0ct-2012
RBC 1,503,357.00' 4,80% 1,900,502.92 8-Jan-2013
BNS 1,546,695,00 4,50% 1,927,463.38 12-Feb-2013
BNS 599,161,00 4.35% 741,320,00 4-Mar-2013
TO 1,009,028.00 4.45% 1,254,427.00.. 25-Mar-2013
TOTAL RESERVE FUND 47,755,147.68
ITOTAL INVESTMENTS 47,755,147.68 I
* Investment interest paid on a monthly/semi-annual/annual basis
1506
Cl!Jlmgron
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY JULY 7th, 2008
Resolution #:
Report #: FND-014-08
File #:
By-law #:
Subject:
2008/2009 INSURANCE PROGRAM
Recommendations:
It is respectfully the General Purpose and Administrative Committee recommend to
Council the following:
1. THAT Report FND-014-08 be received; and
2. THAT the general insurance placement, in conjunction with the other member
municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan
Company for an integrated pooling arrangement that includes integrated
insurance coverages and common self retention deductible levels for the period
July 1, 2008 to June 30, 2009 at an approximate cost to Clarington of $670,297
be confirmed.
Submitted by:
Reviewed bY:O ~~ ~.
Franklin Wu,
Chief Administrative Officer.
NT /hjl
1507
REPORT NO.: FND-014-08
PAGE 2
BACKGROUND AND INFORMATION:
1.0 After successive years of increasing insurance premiums for municipalities, the
general insurance market has now changed for insurance buyers. The insurance
market has become very competitive resulting in lower premiums. However,
there are few insurers in the marketplace that are willing to offer insurance
coverage to municipalities due to nature of the risk exposures facing
municipalities,
1.1 Municipalities and the Neqliqence Act
i) Unfortunately, municipal risk continues to be a challenge when seeking
insurance coverage. Municipal liability insurance is the main concern due
to provisions under the Neqliqence Act regarding a municipality's liability.
ii) The Neqliqence Act states that, where two or more persons have caused
damages and where two or more persons are found at fault or negligent,
they are jointly and severally liable to the persons suffering loss or
damage. This "joint and several" liability means that even if a municipality
if found to be only 1 % liable and if the other persons have no assets and
are unable to pay their percentage of the damages, the municipality is
legally responsible to pay up to 100% of these damages, thereby exposing
municipalities and their insurers to potentially huge damage awards.
1.2 The Board of Directors of the Durham Municipal Insurance Pool (of which
Clarington sits as Chair), has placed coverage with the Frank Cowan Company
for an integrated pooling arrangement.
1.3 The main components of the structure of the DMIP arrangement are summarized
as follows:
. Each municipality retains their respective current local deductibles ranging
from $5,000 to $100,000 (Clarington's deductibles are primarily $25,000);
. The Pool self insures losses between these local deductibles and a per claim
limit of $500,000 (on a group basis) for integrated coverages;
. Under this structure, local municipalities are responsible for funding losses
from $0 to their individual deductible amounts;
. Between these local municipal deductibles and the pooled retention limit of
$500,000, the seven members share the cost on a collective basis; and
. Excess of a $500,000 per claim loss, the members purchase insurance from
municipal insurers for protection on a collective basis.
1508
REPORT NO.: FND-014-08
PAGE 3
1.4 Insurance Coveraqe For The Durham Municipal Insurance Pool
i) In July 2000, the Durham Municipal Insurance Pool was launched with the
participation of the Towns of Ajax and Whitby, the Municipality of
Clarington and the Townships of Brock, Scugog and Uxbridge and the
Region of Durham. The Pool was formed to protect the participating
municipalities from increasing insurance premium costs by structuring an
alternative risk-financing program with a higher collective deductible and
collectively self-insuring claims within the deductible.
ii) July 2008 will mark the beginning of the eighth year of operation for the
Durham Municipal Insurance Pool (DMIP). Staff is pleased to report that
the DMIP continues to fulfill all expectations with regards to both financial
and operational benefits envisioned at its inception.
Hi) For the July 1,2008 to June 30, 2009 renewal period, insurance premium
rates to be paid to the Durham Municipal Insurance Pool's insurer will
decrease over premiums paid during 2007/2008. This decrease was
achieved despite a substantial increase in insurance property values, the
number of assets insured and the impact of raising catastrophe loss limits.
Negotiations with the Pool's insurers will be ongoing to investigate means
of further reducing the renewal cost, including increasing deductible levels.
iv) The DMIP members have agreed to increase the municipal contributions
to the Insurance Pool by 5% for 2007/2008 in order to set aside additional
funds to finance potential self insured claims in the future.
v) Coverage purchased from the insurer for DMIP is in accordance with
expiring terms and conditions.
vi) As a result of eliminating the aggregate protection in 2006/2007 (ie. a cap
on the total amount of all claims paid within the Pool's deductible of
$500,000), there is a possibility that the Pool could potentially have to
draw from additional funds set aside to pay claims.
vii) Should the claims not materialize in the future as a result of proactive risk
management practices, the additional funds that have been set aside may
be returned to the Durham Municipal Insurance Pool members some time
in the future in the form of repatriated surpluses. DMIP currently holds a
surplus of $1.6 million.
viii) Consequently, Clarington proceeded to renew its integrated risk program,
in conjunction with the other member municipalities, with the Frank Cowan
Company for the period July 1,2008 to June 30,2009.
1509
REPORT NO.: FND-014-08
PAGE 4
1.5 For Clarington, the 2008/2009 contribution is estimated at $670,297. This
represents the 5% increase over last years' pool contribution of $638,378.
1.6 The 2008 budget for insurance is $600,000 for premiums as well as adjusters
costs and payment of claims below the local deductible. As a result, the budget
for insurance (as mentioned in budget deliberations) will require further
adjustment in the 2009 budget process. For 2008, any shortfall will be funded
through the self-insured losses reserve as required.
UPDATE ON THE DURHAM MUNICIPAL INSURANCE POOL:
2.0 The pool was formed to protect the participating municipalities from increasing
insurance premium costs by structuring an alternative risk-financing program with
a higher single deductible and collectively self-insuring claims amongst the
member municipalities within that higher deductible.
2.1 During its seven years of existence, this innovative risk-financing venture
continues to be highly effective method by which the municipalities have enjoyed:
. Uniform insurance coverages;
. Controls of the costs of insurance claims below the $500,000 deductible;
. Pro-active risk management services to reduce property and liability
exposures;
. Increased investment income on the retained portion of the pre-funded claims
loss reserve; and
. Accumulated savings from reduced premium costs.
2.2 Financial Performance
i) Since its inception in 2000, the DMIP has been able to set aside funds in
reserve for the payment of future claims of approximately of $7.0 million.
Allocating funds to reserves has been made possible due to substantially
reduced annual insurance premiums paid to insurers associated with the
retention of higher claims deductible levels by DMIP and sharing the risk
amongst the participating municipalities.
ii) In addition to setting aside substantial funds in reserve for future claims,
the DMIP has been able to generate an actuarial surplus of approximately
$1.6 million. These funds will position the DMIP to further lower insurance
costs in the future through higher claim deductibles and enhanced risk
management practices.
iii) The existence of reserves of this magnitude allows the DMIP to earn and
retain interest on balances that otherwise would have been paid to
insurers in the form of conventional insurance premiums paid by the
individual participating municipalities had the DMIP not been formed.
Also, there is a possibility that a portion of the funds set aside in reserve
1510
REPORT NO.: FND-014-08
PAGE 5
may not be required in the future in the event that claim payments are less
than the amount reserved. Should this occur, the unspent funds in
reserve would convert to additional accumulated actuarial surplus.
STATUS OF INSURANCE CLAIMS:
3.0 Due to the confidential nature of the legal status, a future update will be provided
on the status of existing claims.
CONCLUSION:
4.0 For the 2008/2009 year the Durham Municipal Insurance Pool has been
successful in obtaining a reasonable insurance placement with an overall impact
that is extremely modest. Participation in the Durham Municipal Insurance Pool
has provided a successful mechanism both to control insurance costs as well as
promote risk management practices to reduce claims and protect against
lawsuits. Therefore Clarington proceeded with the insurance placement in
conjunction with the Durham Municipal Insurance Pool with the Frank Cowan
Company, pursuant to our subscribers agreement.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1 511
CI!Jlmgron
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY, JULY ih, 2008
Resolution #:
Report #: FND-015-08
File #:
By-law #:
Subject:
ANNUAL STATEMENT FOR THE DEVELOPMENT
CHARGES RESERVE FUNDS FOR THE YEAR
ENDED DECEMBER 31, 2007
Recommendations:
It is respectfully recommended the General Purpose and Administrative Committee
recommend to Council the following:
1. THAT Report FND-015-08 be received for information; and
2. THAT a copy of this report be sent to the Ministry of Municipal Affairs and
Housing.
cJ~~
Reviewed by:
Franklin Wu
Chief Administrative Officer
NMT/hjl
1512
REPORT NO.: FND-015-08
PAGE 2
BACKGROUND
1.0 In accordance with Bill 98, an Act to promote job creation and increased municipal
accountability while providing for the recovery of development costs related to new
growth, Schedule "A" attached shows the activity in the Development Charges Reserve
Funds for the year ended December 31,2007.
2.0 For the year ended December 31,2007, a total of 655 residential building permits were
issued. Approximately 880 units were anticipated for 2007 in the development charge
study review and update. Also, a total of 45 capital projects have been financed by the
Development Charges Reserve funds.
Attachments:
Schedule "A" - Development Charges Reserve Funds Statement
Schedule "B" - Committed Amounts from Prior Years' Budgets/Council Approvals
Schedule "C" - Capital Expenditures
Interested Parties:
Municipal Finance Branch
Ministry of Municipal Affairs and Housing
777 Bay Street, 13th floor
Toronto, Ontario
M5G 2E5
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1513
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1514
SCHEDULE B
MUNICIPALITY OF CLARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2007 YEAR
COMMITTED AMOUNTS FROM PRIOR YEARS' BUDGETS/COUNCIL APPROVALS
YEAR PROJECT / DESCRIPTION AMOUNT
COMMITTED
RESERVE FUND: D/C-GENERALGOVERNMENT
2006 Capital Library - system planning/service delivery model study 10,643
2007 Capital Study to determine technology requirements 22,500
2007 Operating Plan - Brookhill zoning bylaw 45,000
2007 Operating Plan - Official plan review 585,000
2007 Operating EMS - Fire Master Plan 18,000
2007 Council Plan - Interim Update to 2005 D/C background Study 44,640
Total 725,783
RESERVE FUND: D/C - LIBRARY SERVICES
2006 Capital Library - additional library materials for all branches 10,319
2007 Capital Library - additional library materials for all branches 73,319
Total 83,638
RESERVE FUND: D/C - FIRE PROTECTION SERVICES
2006 Capital increase parking lot Stn #1 Bowmanville 1,136
2007 Capital new aerial - Stn#1 Bowmanville 225,204
Total 226,340
RESERVE FUND: D/C - PARK DEVELOPMENT & RELATED FACILITIES
2003 Capital Bowmanville Waterfront Redevelopment Feasibility Study 45,149
2006 Capital Knox Neighbourhood West - park development/design 1,202
2006 Capital Bow,Community Park -lighted football field/scoreboard - baseball field 70,875
2006 Council Waverly Rd, Bow, - landscape feature area/plantings/signllighting 108,000
2007 Capital Orono streetscape enhancements-install planting strip/east side-Main St. 9,168
2006 Capital Soper Creek Trail, Bow, - Ph 2/design 16,691
2006 Capital Courtice Skateboard Park/design 3,428
2007 Capital Courtice Skateboard Park/construction 405,000
2006 Capital Courtice entrance feature/landscapinQ/plantings/siQn/lighting 45,299
Total 704,811
RESERVE FUND: D/C - OPERATIONS (Buildings, Equipment, Fleet)
2007 Capital Fleet replacement/roads - 2 tandem trucks/1 pickup 435,000
Total 435,000
RESERVE FUND: D/C - ROADS AND RELATED
2007 Capital Colwill Bridge watercourse realignment/ Old Scugog Rd, 74,338
2006 Capital Erosion protection works - Farewell Creek/Old Kingston Road 35,432
2007 Capital Erosion protection works - Foster Creek 20,000
2004 Capital Erosion protection works - Soper Creek Erosion Protection Study 25,110
2005 Capital CPR level crossing improvements - Mearns Ave" Bowmanville 192,104
2006 Capital Sidewalks - Green Rd/Hwy #2 south to 600m 22,319
2006 Capital Sidewalks - Hwy #2, Bow/south side - Clar, Blvd to Green Rd 23,962
2007 Capital Sidewalks - Hwy #2 Bow.lsouth side - Clar.Blvd, to Green Rd/ north side 59,814
2005 Capital Sidewalks - Hwy #2/Centerfield to Trulls, Courtice 38,048
2007 Capital Sidewalks - Rudell Rd.lHwy#2 to Edward St./west side 50,000
2007 Capital Sidewalks - Townline Rd/Pickard Gate to south limit/east side 85,971
2006 Capital Traffic signals - Baseline Rd, W. & Spry 200,000
2005 Capital Traffic signals - Bowmanville Mall, King St. Bowmanville 46,176
2006 Capital Traffic signals - King St/George St. Bow. 172,755
2006 Council Traffic signals - Longworth Ave & Reg. Rd #57 87,500
Page 1 of 2
1515
SCHEDULE B
MUNICIPALITY OF CLARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2007 YEAR
COMMITTED AMOUNTS FROM PRIOR YEARS' BUDGETS/COUNCIL APPROVALS
YEAR PROJECT / DESCRIPTION AMOUNT
COMMITTED
2006 Council Traffic signals - Longworth Ave & Scugog St 37,508
2007 Capital Main St Orono - decorative poleslWest side 18,000
2006/2007 Capital Mearns Ave. Bow. - CPR level crossing to Cone, Rd.#3-road recon. 79,742
2007 Capital New bridge - Grady Dr.lFoster Creek Newcastle 79,972
2006 Capital Overpass reconstruction - Mill Street, Newcastle 2,224,533
2005 Capital Road reconstruction - Baldwin Street, Newcastle 6,900
2006 Capital Road reconstruction - Baldwin Street, Newcastle 60,991
2007 Capital Road reconstruction - Baseline Rd.lLamb's Rd to Bennett Rd 94,974
2005 Capital Road reconstruction - Brownsville Road, Newcastle 49,656
2007 Capital Road reconstruction - Church St, Bow. Extension 27,121
2005 Capital Road reconstruction - Clarington Blvd, Bow.lreimb. of construction costs 36,400
2007 Capital Road reconstruction - Cone Rd,#3/west of Mearns Ave, 18,696
2006 Capital Road reconstruction/design - Darlington Blvd, Courtice 10,819
2006 Capital Road reconstruction/design - Elgin St, BowlWellington to Third Street 66,570
2006/2007 Capital Road reconstruction - Green Rd, Bow/Baseline to Boswell 5,709,195
2007 Capital Road reconstruction - Green Rd, Bow/Hwy #2 northerly for 230m 183,689
2005 Capital Road reconstruction - Hunt Street, Bowmanville 715
2006 Capital Road reconstruction - Hunt Street, Bowmanville 38,500
2002 Capital Road reconstruction - Longworth Ave, Bowmanville 20,472
2004 Capital Road reconstruction - Longworth Ave/Liberty to Scugog, Bowmanville 44,175
2005 Capital Road reconstruction - Mill Street, Newcastle 183,819
2007 Capital Road reconstruction - Nash Rd/Courtice Rd to .5km east 66,579
2007 Capital Road reconstruction/design - Rudell Rd.lKing Ave W to 500m north 655,938
2004 Capital Road reconstruction - Scugog St/Middle Road, Bowmanville 53,602
2005 Capital Road reconstruction - Scugog St/Middle Road, Bowmanville 75,194
2006 Capital Road reconstruction - Stevens Rd, Bow, extension 634,549
2006 Capital Road reconstruction/design - Trulls Rd. Courtice 3,358
2004 Capital Street lights - Longworth Ave @ Hwy #57, Bowmanville 21,517
2005 Capital Surface asphalt - Longworth Ave/Hwy #57 to Middle Road, Bowmanville 42,250
2004 Capital Transportation studv, Courtice 44,175
Total 11,723,134
RESERVE FUND: DIC - PARKING
2006 Capital Silver Street - north parkinq lot/central meter installation 13,500
Total 13,500
TOTAL COMMITTED TO DEVELOPMENT CHARGES RESERVE FUNDS 13,912,207
Page 2 of 2
1516
SCHEDULE C
MUNICIPALITY OF CLARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2007 YEAR
D/C R/F NON D/C R/F
CAP IT AL EXPENDITURES AMOUNT FINANCING FINANCING DESCRIPTION
D/C - GENERAL GOVERNMENT
Library Studies 38,174 34,357 3,817 Tax Levy
Port Darlington Waterfront Park 398 326 72 Public Works & Parks Capital R/F
38,572 34,683 3.890
D/C - LIBRARY SERVICES
Main Branch Library Collection 160,000 63,000 48,500 Tax Levy
48,500 Library Capital R/F
160,000 63,000 97,000
D/C - FIRE PROTECTION SERVICES
Courtice Fire Station 4,295 837 3.458 Municipal Capital Works R/F
Addition - Enniskillen Stn #5 7,046 7,046 -
Protective Clothing/Bunker Gear 33,157 28,000 5,157 Tax Levy
Stn #1 Parking Area 44,924 44,924 -
Stn #1 Aerial 874.796 874,796 -
964,218 955.603 8,615
D/C - PARK DEVELOPMENT & RELATED FACILITIES
South Courtice Community Park - Soccer Field 5,290 4,582 708 Tax Levy
Park Development - Bowmanville Community Park 319,685 287,717 31,969 Public Works & Parks Capital R/F
Park Development - Knox Neighbourhood West 18,665 16,799 1,867 Public Works & Parks Capital R/F
Park Development- Soper Creek Trail 3,255 2,930 326 Public Works & Parks Capital R/F
New Ball Diamond Lighting - Harvey Jackson Park 2,113 1,902 211 Municipal Capital Works R/F
Orono Streetscape 24,029 21,626 2.403 Public Works & Parks Capital R/F
Courtice Entrance Feature 82,203 73,983 8,220 Public Works & Parks Capital R/F
Courtice Skateboard Park 41,191 37,072 4,119 Public Works & Parks Capital R/F
496.431 446,609 49,822
D/C - OPERATIONS
New Equipment Purchases - Parks 89,094 80,184 8,909 Municipal Capital Works R/F
New Equipment Purchases - Roads 212,559 188,801 20.978 Municipal Capital Works R/F
2.780 Operations Equipment R/F
301,652 268,985 32,667
D/C - ROADS AND RELATED
Road reconstruction - Longworth Avenue Bridge, Bowmanville 1,686 1.424 56 Roads Contribution R/F
205 Municipal Capital Works R/F
Road reconstruction - Mearns Avenue, Bowmanville 31,668 31,668 -
Road reconstruction - Church Street, Bowmanville - Extension 359,227 359,227 -
Road reconstruction - Scugog Street, Bowmanville 11,152 9,676 1.477 Municipal Capital Works R/F
Page 1 of 2
1517
SCHEDULE C
MUNICIPALITY OF ClARINGTON
DEVELOPMENT CHARGES RESERVE FUND STATEMENT
FOR THE 2007 YEAR
DIC RIF NON DIC RIF
CAP IT AL EXPENDITURES AMOUNT FINANCING FINANCING DESCRIPTION
Road reconstruction - Hunt Street, Bowmanville 2,842 995 454 Tax levy
1,393 Roads Contribution R/F
Road reconstruction -Grady Dr Bridge 10,028 10.028 -
Road reconstruction - Nash Rd 509 487 21 Tax levy
Road reconstruction - Mill Street. Newcastle 491.067 399,876 91.191 Developer Contribution
Road reconstruction - Baldwin Street, Newcastle 463,791 400,047 59.091 Municipal Capital Works R/F
4.652 Developer Contribution
Road reconstruction - Brownsville Road, Newcastle 33,687 25,323 8.364 Municipal Capital Works R/F
Road reconstruction - Green Rd North Extension 346,128 274,861 61.771 Municipal Capital Works R/F
9.497 Move Ontario Funding
Road reconstruction - Darlington Blvd. 13.455 12.608 846 Municipal Capital Works R/F
Road reconstruction - Baseline Rd 25,026 25,026 -
Road reconstruction - CPR Crossing/Mearns Ave, Bowmanville 1,982 1,804 178 Municipal Capital Works R/F
Road reconstruction - Green Road, Bowmanville 2,375,403 2.293,113 82,290 Roads Contribution R/F
Road reconstruction - Elgin Street, Bowmanville 409,860 84,051 168,949 Tax Levy
156,861 Federal Gas Tax - R/F
Road reconstruction - Stevens Road, Bowmanville Extension 1,113,549 1.080,135 33,414 Developer Contribution
Road reconstruction - Concession Rd #3 14,322 11,309 3,013 Tax Levy
Sidewalk construction - West Townline Rd. 157,029 157,029 -
Bridge reconstruction - Colwill Bridge 148,485 98,995 49,490 Tax levy
Road reconstruction - Trulls Road, Courtice 7,890 7.341 549 Municipal Capital Works R/F
Erosion Protection Works - Farewell CreeklOld Kingston Road, Court. 473 473 -
Street Lights - Longworth Ave. 2,644 2,234 410 Tax Levy
Traffic Signals - King StlBowmanville Mall. Bowmanville 102,479 93,256 9,223 Roads Contribution R/F
Traffic Signals - King StlSl. George Street, Bowmanville 134,168 126.386 7,782 Municipal Capital Works R/F
Sidewalk construction - Green Road, Bowmanville 228 228 -
Sidewalk construction - Hwy #2 24,753 22,739 2,015 Municipal Capital Works R/F
6,283,533 5,530,339 753,194
TOTAL CAPITAL EXPENDITURES 8,244,407 7,299,219 945,188
SUMMARY OF FINANCING: 34,683 D/C - general Goverment R/F
63,000 DIC - Library Services R/F
955,603 D/C - Fire Protection Services R/F
446,609 D/C - Park Dev. & Related Facilities R/F
268,985 DIC - Operations R/F
5,530,339 D/C - Roads and Related R/F
229,492 Municipal Capital Works R/F
48,975 Public Works & Parks Capital R/F
92,962 Roads Contribution R/F
2,780 Operations Contribution R/F
432,224 Tax Levy
129,258 Developer contribution
9,497 Move Ontario Fundina
TOTAL FINANCING 8,244,407 7,299.219 945,188
Page 2 of 2
1518
Cl!J!illglon
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Report #: CAO-06-08
File:
By-law #:
Subject:
MUNICIPAL ENERGY MANAGEMENT
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report CAO-06-08 be received;
2. THAT Council endorses the Municipal Energy Management Framework and
authorize staff to proceed with an RFP process of an energy audit for each of the
MAC/Library building and the Garnet B. Rickard Complex with funds to be drawn
from the Municipal Government Enterprises Reserve Fund.
Submitted bY~~ 6.s""l
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1601
REPORT NO.: CAO-06-08
PAGE 2
1. INTRODUCTION
In response to the growing need for energy and environmental stewardship, the
Municipality administration will be embarking on a journey of energy
conservation. Through the articulation of a solid Energy Management Plan, we
believe Clarington can live up to the old adage of "Think global, act local".
2. DRIVERS OF MUNICIPAL ENERGY MANAGEMENT
Apart from the noble goal of reducing our carbon footprint to ease the global
warming effect, it is important to note the following key drivers of municipal
energy management.
First and foremost is the direct benefit of realizing very significant saving in our
annual operating budget. In 2007, the Municipality expended $2,944,827 in total
energy cost inclusive of natural gas ($1,723,276), electricity ($625,757), fuel
($440,622), and water ($155,173). This represents 6.26% of our annual
municipal operating budget. If the Municipality were to achieve a 10% energy
reduction, a saving of $294,482 or the equivalent of about one percent reduction
in general tax levy could be realized.
The second driver for energy management is the 2007-2010 Municipal Business
Plan which contains several specific energy management initiatives such as
developing a municipal green plan, partnership with our utility providers,
maximizing senior government funding opportunities and exploring green
initiatives such as LEED building certification and retrofitting older facilities.
These as well as other energy conservation ideas must be captured in a
comprehensive Energy Management Plan so that actions can be undertaken in a
coordinated fashion.
1602
REPORT NO.: CAO-06-08
PAGE 3
Last but not least, is the legislative requirement of Bill 21, the Energy
ConseNation Leadership Act which requires every municipality in Ontario to
prepare an Energy Conservation Plan to among other matters, describe the
current and proposed activities and measures to conseNe and reduce energy
consumption. Although the regulations have yet to be released, it is reasonable
to assume that a time frame will be imposed in the completion of the Energy
ConseNation Plan.
3. PROJECT INITIATION AND UNDERTAKING
The long term success of an energy management strategy is highly dependent
on the commitment from municipal staff. This team approach to tackle corporate
wide projects such as health and safety, employee wellness, customer seNice,
etc. have been proven very successful and therefore is used to address the issue
of energy management. With this in mind, an Energy Management Steering
Committee was formed. The Committee is chaired by the CAO, and consists of
representatives from every department in the organization. The mandate of the
Committee is to provide leadership, guidance and direction to ensure all energy
management efforts are coordinated and sustained over the long term.
The Committee has met several times over the last few months and much of the
works have been concentrated on project initiation matters such as getting
organized, articulating a process to move forward, identifying various short term
and long terms actions, as well as assigning tasks to Committee team members.
4. PROJECT BREAKDOWN
One of the major tasks undertaken by the Committee is to identify various action
items that are required in order to meet our energy conseNation goal. For the
purpose of establishing a realistic time frame for implementation, these actions
items are broken down into short and longer term initiatives.
1603
REPORT NO.: CAO-06-08
PAGE 4
4.1 Short Term Initiatives
. Apply for funding assistance from senior governments
. Explore partnership opportunities with utility companies such as Veridian
and Enbridge
. Research best practices in other municipalities
. Develop employee education/awareness program
. Assess current energy consumption
. Identify conservation actions for immediate implementation
. Conduct energy audit starting with the MAC/Library building and the
Garnet Rickard Complex
. Pursue spot energy pricing for street lights
. Prepare a comprehensive Energy Management Plan for approval by
Cou ncil
4.2 Longer Term Initiatives
. Monitoring provincial legislation and regulations
. Identify retrofit projects and develop related business cases
. Develop green procurement policies
. Develop green (LEED) building policies
. Examine green fleet alternative
. Prioritize energy audit for other municipal buildings/facilities
. Partner with FCM Climate Protection Initiative and continue participation in
the Mayor's Megawatt Challenge
5. THE ENERGY MANAGEMENT PLAN FRAMEWORK
The most critical piece of energy management is the development of a
comprehensive Plan to guide all future energy conservation efforts. Bill 21, the
Energy Conservation Leadership Act reinforces the significance of the Plan by
requiring all municipalities to prepare such a Plan. While most municipalities
have opted for the assistance for consultants to prepare the Plan, senior
administration feels strongly that we have the in house capability to perform this
work. Aside from realizing significant saving from not contracting out the work,
the real benefit lies in the opportunity to develop expertise in house, retain the
.
knowledge gained through research, and ultimately create a ready buy-in from
everyone involved in developing and implementing the Plan.
1604
REPORT NO.: CAO-06-08
PAGE 5
However, we are cognizant of the constraint in undertaking this additional work.
In particular, the time required to prepare the Plan will require a longer timeframe
and we do not anticipate having the Plan completed before the end of this year.
Notwithstanding, we believe the benefits of preparing the Plan in house far
outweigh the negatives. A little extra time should not hamper our effort as we are
implementing several energy conservation initiatives concurrent with the
preparation of the Plan.
In order to guide the preparation of the Energy Management Plan, the Steering
Committee has developed a framework of the Plan which consists of the
following elements.
. Mission statement
. Goals/Objectives including conservation targets
. Overview of Clarington energy consumption and technical issues
. Identify constraints and opportunities
. Develop Energy audit program including the phasing of buildings/facilities
. Identify both short and longer term actions including follow up actions on
recommendations from energy audits
. Implementation strategies inclusive of budget requirement and business
case consideration
. Monitoring and reporting
6. ENERGY AUDIT
Aside from the many ideas that will realize some immediate saving and reduction
in energy consumption such as educating the employees, the most important
piece of background conservation work lies in understanding how we consume
various forms of energy and how we can realize potential saving and reduction in
energy cost. An energy audit of a given municipal building and facility will enable
us to do just that. An energy audit is a technical study where expert will analyze
all the factors that impact energy consumption and cost such as equipment
efficiency, electricity pricing, usage and billing review for irregularities etc. and to
make recommendations for improvement. The Municipality does not have
1605
REPORT NO.: CAO-06-08
PAGE 6
expertise in the area of energy audit and therefore must rely on external sources
to perform these tasks,
The Steering Committee has identified the Municipal Administrative
Centre/Central Library as the first municipal building to be audited with the
Garnet Rickard Complex to follow immediately thereafter. The MAC/Library is our
largest building and therefore could offer the best opportunity for saving. The
Rickard Complex is one of our oldest facilities and has the potential of capturing
many energy reduction initiatives.
Depending on the size of the facility and the types of equipment used in our
facilities, the cost of an energy audit could range between $10-$30,000. Our
research of experience in other municipalities reveals that the cost of an energy
audit can be readily recovered from implementing the energy saving
recommendations generally within a short period of three years. We would
respectfully recommend Council to give approval to staff to issue RFP for an
energy audit for the two buildings identified above. The Director of Finance
advised that the funds can be drawn from the Municipal Government Enterprises
Reserve Fund. As Council is aware, unanticipated provincial funding was
received for the Newcastle Library project thus freeing up the accumulated
Veridian dividends originally set aside for the green component of the building
construction. These dividends can now be reallocated to this initiative.
7. CONCLUSION
The Steering Committee will continue to provide leadership, guidance and
direction to all staff in implementing all the energy conservation and reduction
efforts and will provide periodic progress to Council. Suffice to say, our success
depends on the cooperation of everyone in our organization and the support of
council is much appreciated as we move forward.
1606
Cl!Jl-illgron
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Report #: CAO-08-08
File:
By-law #:
Subject:
PHYSICIAN RECRUITMENT
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report CAO-08-08 be received;
2. THAT Council authorize a further four year commitment to the Physician Recruitment
Committee of the Clarington Board of Trade on the basis of funding four new doctors
per year consistent with the current arrangements of $30,000 for each new doctor
recru ited;
3. THAT the transfer of funds to the Board in the amount of $30,000 per each new doctor
recruited will be made upon the Board providing to the Director of Finance a copy of
the contract with the new doctor;
4. THAT the funding arrangements be approved based on a transitional phasing onto the
tax levy over the four years whereby in 2009 one doctor is funded from the tax levy
and three are funded from the Impact/Escrow Reserve Fund, in 2010 two doctors be
funded from the tax levy and two from the Impact/Escrow Reserve Fund, in 2011 three
doctors be funded from the tax levy and one from the Impact/Escrow Reserve Fund,
and in 2012 four doctors be funded from the tax levy;
5. THAT Mr, Michael Patrick and the Physician Recruitment Committee of the Clarington
Board of Trade be thanked for their successful efforts and commitment to recruit
physicians to Clarington and be advised of Council's decision.
Submitted by: U~...:s: G..sq
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1607
REPORT NO.: CAO-OS-OS
PAGE 2
1. BACKGROUND AND INFORMATION:
1.1 Representatives of the Physician Recruitment Committee met with the Mayor, CAO
and Director of Finance/Treasurer on June 17,2008 to provide an update and
discuss the future opportunities for physician recruitment.
1.2 The Committee submitted a letter to Council at its meeting held June 23, 2008
(Attachment 1) that was subsequently referred to staff for a report. The attached
letter identifies the significant successes of the committee as well as the continued
need for the physician recruitment initiative.
1.3 On May 14, 2007, Council approved report CAO-07 -07 (Attachment 2). It is
proposed that the extension of the commitment be on the same parameters agreed
to this report.
2. COMMENTS:
2.1 The benefits of physician recruitment are self-evidenced. Municipal support in this
initiative has been entrenched in the 2007-2010 Municipal Business Plan which
specifically refers to the "continued financial commitment in recruiting family
physicians through annual budgeting".
2.2 In reviewing the matter with representatives of the Physician Recruitment
Committee, it was determined that recruiting four family physicians each year for the
next four (4) years is a very realistic target given their past success in the last two (2)
years. As physician recruitment is a long process requiring very significant lead time
to connect and develop relationships with potential candidates, commitment is
required from the Municipality as soon as possible in order to ensure continuous
success. Although financial matters that have a tax levy impact are not usually dealt
with prior to budget deliberation, it is reasonable to make an exception based on the
reasons cited above.
1608
REPORT NO.: CAO-08-08
PAGE 3
2.3 Staff propose the financial commitment be drawn from both the general tax levy and
the Hydro Impact/Escrow Reserve fund. Essentially, the general tax levy support
will be an incremental increase of $30,000. for each of 2009, 2010, 2011, and 2012.
The balance of funds will be drawn from the Hydro Impact/Escrow Reserve fund in
the amount of $90,000. for 2009, $60,000. for 2010, $30,000. for 2011.
YEAR TAX LEVY RESERVE FUND TOTAL
2009 $30,000 $90,000 $120,000
2010 $60,000 $60,000 $120,000
2011 $90,000 $30,000 $120,000
2012 $120,000 0 $120,000
1609
ATTACHMENT NO.1 TO REPORT CAO-08-08
'~)
(,~
DOCTORS FOR
Clarington
Families caring for Families
June 17,2008
Mayor Abernethy
Clarington Council
40 Temperance St.
Bowmanville, ON
Mayor Abernethy and Members of Council
On behalf of the Board of Directors and Staff for the Clarington Board of Trade, I
want to thank you for your confidence in our efforts in Physician Recruitment.
We are pleased to report to you that our success in Physician Recruitment has
surpassed our goals. When we took this initiative on, we set: out with a lofty goal of
recruiting 3 doctors per year to fill our vacancy rate of 8. Over the past 2 years we
have been successful in securing the following 9 doctors: 4 doctors have opened
their practices, 1 will open in July 08, and 1 will open in 2009, In addition, we are
just waiting to sign contracts with 1 doctor to open in October, 1 in December and 1
in April of 2009.
As we have previously mentioned we have recently received a re-designation from
the province in relation to new population statistics and even with our tremendous
success Clarington finds itself 13 doctors short.
In an effort to maintain the successful momentum in recruiting we welcome the
opportunity to discuss continued partnership and funding options for movitiil~~,---- TIOft-'
forward in our Physician Recruitment delivery. I et.ERK
, ~ ."..,-"
! ,\ f" ,-.
I "'4)~~. LJY ...<-_."
(",'.,)
..)...., .
Michael Patrick
Co-Chair of Physician Recruitment
President of Clarington Board of Trade
c------i
....~_. J
,-- ---",
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I -..-..- ._.,_
I .
r~~_~, .~- ----....]
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J
ATTACHMENT NO.2 TO REPORT CAO-08-08
CJnLil]glOn
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 7, 2007
Report #: CAO-07 -07
File:
~~\ub~ ~ ~~~-34tf, O~
By-law #:
Subject:
PHYSICIAN RECRUITMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-07-07 be received;
2. THAT council approves the request from the Clarington Board of Trade for the financial
support for physician recruitment up to the maximum total amount of $240,000 minus
$43,000 paid to the Board in March 2007;
3, THAT the transfer of funds to the Board in the amount of $30,000 per each new doctor
recruited will be made upon the Board providing to the Director of Finance a copy of the
contract with the new doctor;
4. THAT the funding for physician recruitment be drawn from the Economic Development
Reserve Fund to a maximum of $144,000 in 2007 with the balance of $53,000 referred
to 2008 budget deliberations; and
5. THAT Mr. Michael Patrick and the Physician Recruitment Committee of the Clarington
Board of Trade be thanked for their effort and commitment to recruit physician to
Clarington and be advised of Council's decision.
Submitted bY:cJ ~..:... ~
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1 611
REPORT NO.: CAO-07-07
ATTACHMENT NO.2 TO REPORT CAO-OS-OS
PAGE 2
1. BACKGROUND
At a meeting held on April 1 0, 2007, Mr, Mike Patrick, co-chair of the Physician
Recruitment Committee of the Clarington Board of Trade appeared before the
GPA and requested Council's approval for a financial commitment of $240,000 in
order to recruit 8 new physicians to Clarington.
According to Mr. Patrick, the fund is needed to provide the necessary incentive to
entice new doctor to locate their practices in Clarington as we are in a very
competitive situation with all under-served communities. With the funds provided
to the Board earlier in the year, the Physician Committee was able to sign one
new doctor and is in the process of signing another one shortly. This cash
incentive appears to be working and the Committee is looking for additional funds
to ensure the momentum is not lost.
The Committee is not requesting council to upfront all the cost in order to recruit
the 8 new doctors. Instead it proposed the Municipality to transfer $30,000 to the
Board as each new doctor has agreed to locate in Clarington. This amount is
inclusive of $20,000 cash incentive and the balance to cover administrative and
other recruitment expenses.
2. COMMENTS
The Physician Recruitment Committee has done its due diligence in researching
and evaluating the best methods in recruiting physicians. The presentation made
by Mr. Patrick is comprehensive and covers all the required information. There is
not a lot that can be added in order to assist council to make an informed
decision. Nonetheless, staff would like to provide the following thoughts on the
idea of supporting physician recruitment, the appropriateness of the amount
sought, the mechanism of transferring fund and reviewing available funding
sources,
1612
ATTACHMENT NO.2 TO REPORT CAO-OS-OS
REPORT NO.: CAO-D7-07
PAGE 3
Despite it being a health care related issue, physician recruitment has been
accepted as an economic development activity by members of council and senior
staff at the strategic business plan brainstorming workshops held earlier this
year. In fact, economic development has been cited by the same group as the
number one priority objective. Although the Business Plan has yet to be finalized,
it essentially recognizes the importance of physician recruitment as an economic
development activity which the Municipality plans to pursue.
After working with the consultant and the previous recruitment committee, it has
become obviously clear that if Clarington were to stand a chance in competing
with other under-served communities, it must provide some forms of cash
incentive to the new doctor. This is reality as pointed out by Mr. Patrick and we
agree. The proposed cash incentive of $20,000 for a new doctor's commitment to
stay for five years is a reasonable one. It is not the best cash incentive compared
with many northern communities but it is a competitive one for southern Ontario
communities, We understand the Committee is requesting an additional $10,000
per doctor to cover other recruitment expenses. This amount is also very
reasonable considering the length of time required to connect with and to follow
through with medical students and new graduates.
In terms of the amount sought by the Physician Recruitment Committee, we
understand the $240,000 is based on the recruitment of 8 new doctors. Since the
Municipality has advanced $43,000 to the Board in March, 2007, the said amount
should be subtracted from the $240,000 as requested. As a result, Council needs
to find $197,000 if it were to continue the physician recruitment initiative.
We agree with the Committee that it is not necessary for the Municipality to
upfront the total recruitment cost. The suggestion that payment be made as each
new doctor is successfully recruited is a sound approach. This can be
accomplished as soon as the Board provides proof to the Municipality proof of
1613
REPORT NO.: CAO.Q7.Q7
ATTACHMENT NO.2 TO REPORT CAO-OS-OS
PAGE 4
the signing contract. This method will ensure the Board will always maintain a
sufficient amount to ,sign the next doctor.
Since the 2007 budget has been approved and the tax levy is set, there is no
oPportuhity to levy the cost of physician recruitment through property tax in 2007.
\ The Director of Finance advised that $144,000 can be drawn from the Economic
,
Developme~;t Reserve: Fund which currently sits at $144,194. This will
essentially utilize the entire balance in the reserve fund including the $100.000
that Council set aside during 2007 budget deliberations for economic
development purposes. As payments will be made as each new doctor is
successfully recruited. it is recommended that the balance of $53.000 be dealt
with during 2008 budget deliberations.
1614
Cl!Jlmgron
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7,2008
Report #: CAO-09-08
File:
By-law #:
Subject:
FLAG RAISING POLICY
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report CAO-09-08 be received;
2. THAT Council approves the amended Flag Raising Policy as per Attachment NO.1 to
this report.
't\
\
Submitted btl~ -= ~ ~
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-5717
, 1615
REPORT NO.: CAO-09-08
PAGE 2
REPORT:
1. On June 11, 2007, Council approved a Flag Raising Policy pertaining to the "guest
flag pole" located in the courtyard of the Municipal Administrative Centre building.
Over this past year, we have had the opportunity to work with this policy and find the
policy generally works well but could be improved with a couple of amendments.
2, The first amendment would be to allow the Mayor, or in his absence, the Deputy
Mayor, to make a decision on behalf of Council particularly in those situations where
a request for flag raising would not make it on time to be considered by Council.
The second amendment would provide for the discretionary power to the Mayor or
the Deputy Mayor to vary from the policy for those unusual circumstances not
identified by the policy. For example, the request by the Legion recently to fly the
Royal Dragon Flag on the anniversary death of Trooper Darryl Caswell would fall in
this category.
3. The foregoing changes have been incorporated into the amended policy attached to
this Report. For the purpose of streamlining the process, it is recommended that
Council approve the amended policy.
1616
Clwillgton
Administrative and Corporate Policies
H26 - Flag Raising
Section: H
Category: Operations
Subsection: H-26
Application: All
Employees
Date Approved:
Last Revised:
Approved by:
June 11,2007
June 25,2008
Pending
1. Purpose:
To ensure the appropriate criteria is in place when Council is requested to raise a flag in the
Courtyard at the Municipal Administrative Centre.
2. Policy:
a) The courtesy flagpole is identified as the flag pole at the Municipal Administrative
Centre that normally holds the Municipality of Clarington Flag and will be considered
our "guest flagpole" to be used to hold flags of other nations or for awareness
campaIgns.
b) Flags and flag raisings may be approved by Council for:
. Non-profit or charitable organizations
. Recognition of national or international dignitaries visiting the Municipality
. Public awareness campaigns
c) Displaying of flags and flag raisings shall not be approved for:
. Political parties or political organizations
. Religious organizations or the celebration of religious events
. If the intent is to defame the integrity of Clarington Council
. If the event or organization has no direct relationship to the Municipality of
Clarington
d) In the event a request for displaying of flags and flag raising is not received in time
for Council's consideration, the Mayor, or in his absence, the Deputy Mayor will
have the authority to either approve or deny the request.
Page 1 of 2 - Affiliated and Others: H26
1617
3. Procedure
All requests for flag raising or display shall be submitted to the Clerk for disposition.
4. Appendices:
None
Page 2 of2 - Affiliated and Others: H26
'<.,
1618
Attachment 2
To Report PSD-080-08
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90-185
being a by-law to designate the property municipally
known as "19 King Street East, Bowmanville", located
in Block T, Part Lot 13, Bowmanville, now in the Town
of Newcastle, Regional Municipality of Durham, as a
property of architectural and historical value and
interest which property is more particularly described
in Schedule A attached.
WHEREAS the Ontario Heritage Act, 1974 authorizes the Council of
a municipality to enact by-laws to designate real property
including all the buildings and structures thereon to be of
architectural and historical interest; and
WHEREAS the Council of the Corporation of the Town of Newcastle
has caused to be served upon the owner of the lands and premises
known as "19 King Street East, Bowmanville", located in Block T,
Part Lot 13, Bowmanville, now in the Town of Newcastle and upon
the Ontario Heritage Foundation, Notice of Intention to Designate
the aforesaid real property and has caused such notice of
intention to be published in the Canadian Statesman, a newspaper
having a general circulation in the area of the designation, once
each week for three consecutive weeks, namely September 26,
October 3 and October 10, 1990; and
WHEREAS "19 King Street East, Bowmanville" , in Block T, Part Lot
13, Bowmanville, now in the Town of Newcastle, Regional
Municipality of Durham has a very significant architectural value
of interest to the Town of Newcastle and its people in that the
bUilding, which is part of the Bleakley Block, was built C. 1880,
and is especially important to the overall 19th century character
of King Street. Its many features which are being specifically
designated include the mansard roof which is unique among the
buildings of King Street, the original brick work, executed in
the running bond pattern, remains intact; the original fretwork
cornice remains intact; the second storey windows are slightly
arched and the general simplicity of the second storey provided
the perfect contrast to the dormers which were once found in the
mansard and to the decorative fretwork below; concealed beneath
the present business sign on the ground floor are the original
glass panels which feature copper cames and bevelled glass
medaliions; the beautifully panelled door on the west side is
surmounted by a transom composed of a pair of Gothic arches; and
the impressive tin ceiling which remains in the store on the
ground floor; and
WHEREAS the Local Architectural Conservation Advisory Committee
of the Town of Newcastle has recommended that the property "19
King Street East, Block T, Part of Lot 13, Bowmanville, now in
the Town of Newcastle, Regional Municipality of Durham, be
designated under the terms of the Ontario Heritage Act; and
WHEREAS no notice of objection to the proposed designation has
been served upon the Clerk of the Municipality;
899025
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE HEREBY ENACTS AS FOLLOWS:
1. There is designated as being of Architectural and Historical
value of interest, the real property known municipally as
"19 King Street East, Bowmanville", Block T, Part Lot 13,
Bowmanville, now in the Town of Newcastle, Regional
Municipality of Durham.
2. The Municipal Solicitor is hereby authorized to cause a
copy of this by-law to be registered against the property
described in the preceeding paragraph.
3. The Town Clerk is hereby authorized to cause a copy of
this by-law to be served upon the owners of the aforesaid
property and on the Ontario Heritage Foundation, and to
cause notice of the passing of this by-law to be published
in the Canadian Statesman, a newpaper having general
circulatin in the area of the designation, once each week
for three consecutive weeks.
By-law read a first and second time this 12th day of November
1990.
By-law read a third time and finally passed this 12th day of
November 1990.
899027
Cl~mgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, July 7, 2008
Report #: PSD-081-08
File #: SC 2007-0001 and
ZBA 2007-0002
By-law #:
Subject:
STEPHENSON PROPOSED PLAN OF SUBDIVISION
APPLICANT: PATRICIA STEPHENSON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-081-08 be received;
2. THAT the application for Draft Approval of the proposed Plan of Subdivision submitted by
Patricia Stephenson be APPROVED as contained in Attachment 2, subject to the Conditions of
Draft Approval, contained in Attachment 3;
3. THAT the application for Zoning By-law Amendment, submitted by Patricia Stephenson be
APPROVED as contained in Attachment 4;
4. THAT the Mayor and Clerk be authorized by By-law to enter into an Agreement with the Owners
and the By-law be forwarded to Council at such time the Owners are prepared to proceed with
this development;
5. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department and the Municipal Property Assessment Corporation; and
6. THAT all interested parties listed in this Report and any delegations be advised of Council's
decision.
Submitted by:
Davi J. ome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed byd ~ ~
Franklin Wu
Chief Administrative Officer
BR*CP*sn*df
27 June 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
899028
REPORT NO.: PSD-OB1-0B
PAGE 3
3.2 The surrounding uses are as follows:
North -
South -
East -
West -
Highway 35/115
a single detached dwelling and beyond, Given Road
Rudell Road and beyond, Draft Approved Foster North Subdivision
flat agricultural land
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The subdivision is a small portion of the Foster Neighbourhood which provides for the
development of over 700 units with a range of lot sizes and densities. This subdivision is
consistent with the Provincial Policy Statement.
4.2 Provincial Growth Plan
The Growth Plan encourages the development of "Greenfield" areas as complete
communities, that support walking, cycling and the early integration of transit, a diverse
mix of land uses and high quality public open spaces. The designated Greenfield areas
are to achieve an overall minimum density target of 50 residents and jobs per hectare.
These lands are part of a larger neighbourhood that provides for a mix of residential
uses as well as land for park and school use. The proposal conforms to the Growth
Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Area in the
Newcastle Village Urban Area which permits the development of communities with
defined boundaries. The applications conform.
5.2' Clarinqton Official Plan
The Clarington Official Plan designates the subject lands as Urban Residential Area.
The Foster Neighbourhood which has a Neighbourhood Design Plan that incorporates
the subject lands. The applications conform.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84.;63 zones the subject lands "Agricultural Exception (A-1)". The A-1
zone does not permit urban residential uses, hence the rezoning application.
7.0 PUBLIC SUBMISSIONS
7.1 As a result of the public notification process, the Planning Services Department
received one e-mail comment from a neighbouring household to the west. The e-mail
noted their property has always had a generous clean supply of water and they had
concerns that developments east of Rudell Road could disrupt their water supply which
899030
REPORT NO.: PSD-081-08
PAGE 5
development and there must be pre-servicing for future Street A and future Street
B;
· The Owner must submit a plan drawing indicating the proposed entrance and
driveway location for all corner lots. The proposed entrances must conform to all
current zoning requirements. Any future dwellings constructed on corner lots
within the subject draft plan must have entrances, driveways and garages that
are compatible with the required plan. Kinked driveways will not be permitted.
The final plan is subject to the approval of the Director of Engineering Services
prior to the approval of this draft plan;
· The Owner will be required to enter into a cost sharing agreement with the
Municipality and the developer of draft Plan 18T-89059. The Owner will be
required to pay an appropriate pro-rated share of the cost of constructing Rudell
Road as well as the cost of all related works and facilities including stormwater
management works. Any final decision will be made solely at the discretion of the
Director of Engineering Services;
These comments have been incorporated into the conditions of draft approval.
8.8 The Ministry of Transportation noted access to the subdivision is to be from municipal
roads and will not be directly from Highway 35/115. All of the subdivisions features and
amenities essential to the operation of the site (noise berms and walls, parking spaces,
fire routes, servicing etc.) must be setback a minimum of 14 metres from the Highway
35/115 right-of-way. The developer is solely responsible for noise mitigation. Noise
berms and grading is not permitted on the Highway 35/115 Corridor property and
external illumination is to be away from the highway. The Ministry gave two conditions
of draft approval and they are included within Attachment 3.
8.9 clarington Emergency & Fire Services noted that streets greater than 90 metres are to
be provided with a turn around for fire fighting apparatus.
8.10 clarington Operations had no comments other than drainage plans and a stormwater
management plan will be required.
9.0 STAFF COMMENTS
9.1 The proposed plan of subdivision implements the portion of the Foster East
Neighbourhood Design Plan for the lands fronting on the west side of Rudell Road.
Neighbourhood Design Plans are detailed and comprehensive and have conceptual
plans for consideration of land use, phasing, water distribution, sanitary sewer
collection, storm drainage, open space and public facilities, roads, sidewalks, trails and
transit. The subdivision complies with the design concept.
9.2 The round-about at the Rudell Road/Grady Drive intersection shown in the
Neighbourhood Design Plan has been removed and replaced with a more conventional
intersection. This revision was undertaken at the request of the Engineering Services
Department.
899032
REPORT NO.: PSD-081-08
PAGE 7
Attachments:
Attachment 1 - Site Location Key Map
Attachment 2 - Subdivision Plan
Attachment 3 - Conditions of Draft Approval
Attachment 4 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Glenn Genge
Gary & Mary Kettle
Patricia Stephenson
899034
Attachment 2
To Report PSD-081-08
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899036
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
10. The Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
NOISE
11. The Owner shall agree in the Municipality of clarington Subdivision Agreement to
implement the recommendations of the report entitled "Noise Impact Study for
Proposed Draft Plan of Subdivision Part of Lot 31, Concession 2, Newcastle",
prepared by D.G. Biddle and Associates Limited, dated September 2007, which
specifies noise attenuation measures for the development. The measures shall be
included in the subdivision agreement and must contain a full and complete
reference to the noise report (Le. author, title, date and any revisions/addenda) and
shall include any required warning clauses identified in the study. The Owner shall
provide the Region with a copy of the subdivision agreement containing such
provisions prior to final approval of the plan.
12. The Owner is to demonstrate to the clarington Building Division that prior to the
issuance of a building permit, for the dwellings requiring noise attenuation
measures, the recommendations of the Noise Study noted in Condition 11, will be
implemented.
SERVICING
13. Prior to final approval, the Regional Municipality of Durham shall be satisfied that
any wells on the property have been decommissioned in accordance with
applicable Ministry of Environment standards.
14. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are
required to service this plan. In addition, the Owner shall provide for the extension
of sanitary sewer and water supply facilities within the limits of the plan which are
required to service other developments external to this subdivision. Such sanitary
sewer and water supply facilities are to be designed and constructed according to
the standards and requirements of the Regional Municipality of Durham. All
arrangements, financial and otherwise, for said extensions are to be made to the
satisfaction of the Regional Municipality of Durham, and are to be completed prior
to final approval of this plan.
15. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the
provision and installation of sanitary sewers, water supply, roads and other regional
services.
16. Prior to the development of Slock 29, the north end of the Rudell Road allowance,
where proposed lotting across the road allowance is indicated, must be conveyed
899038
25. The Owner shall convey a 1.5 metre road widening along the Rudell Road south of
the Grady Drive extension to the Municipality of clarington.
26. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Street
"A' (Grady Drive Extension) and Rudell Road to the Municipality of clarington.
27. The Owner shall convey a 5 metre x 5 metre sight triangle at the corners of Street
"B' and Rudell Road to the Municipality of clarington.
28. The transition from local street to collector street on Rudell Road is to be
accommodated by a 1.5 metre by 30 metre taper as red-line revised on the subject
draft plan of subdivision.
29. The Owner shall convey land to the Municipality of clarington for park or other
public recreational purposes in accordance with the provision of the Planning act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
30. The Owner shall grant such easements as may be required for utilities, drainage
and servicing purposes to the appropriate authorities.
31. The Owner shall provide and install sidewalks, street lights, temporary turning
circles, etc. as per the Municipality's standards and criteria.
32. The Owner shall cause all utilities, including hydro, telephone, Cable TV, within the
streets of this development must be installed underground for both primary and
secondary services.
33. All works and services must be designed and constructed in accordance with the
Municipality of clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-law and all applicable legislation and to the
satisfaction of the Director of Engineering Services.
34. The Owner must meet all the requirements of the Engineering Services
Department, financial and otherwise.
35. Prior to the issuance of building permits, access routes to the subdivision must be
provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all
watermains and hydrants are fully serviced and the Owner agrees that during
construction, fire access routes be maintained according to Subsection 2.5.1.2 of
the Ontario Fire Code, storage of combustible waste be maintained as per
Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire
Code.
36. The Owner shall be 100% responsible for the cost of Architectural Design
Guidelines specific to this development, as well as 100% of the cost for the "Control
Architect" to review and approve all proposed models and building permits, to the
satisfaction of the Director of Planning Services. The Architectural Design
Guidelines shall ensure that the development is consistent with the character of the
Newcastle Village and Draft Approved Plan of Subdivision 18T-89059.
899040
SCHOOL BOARD
46. Students from this development may have to attend existing schools. Although a
school site has been reserved within an adjacent plan of subdivision, a school may
not be constructed for some time, if at all, and then only if the School Board
authorizes funding and construction of this required school.
47. The Owner agrees to post the "Notice to Parents" (Condition 46) in all sales office
centres.
CONSERVATION AUTHORITY
48. This approval relates to a Draft Plan of Subdivision prepared by D.G. Biddle &
Associates Limited, (Project No. 106166, Dwg. No. DP-1), dated December 2006
and as revised and plotted June 10, 2008.
49. Prior to final approval and to anyon-site grading taking place, a stormwater
management report is to be prepared in accordance with current MOE criteria to the
satisfaction of the Ganaraska Region Conservation Authority.
50. A report is to be prepared to the satisfaction of the Ganaraska Region Conservation
Authority detailing the means whereby erosion and siltation will be minimized and
contained on site both during and subsequent to the construction period in
accordance with current MOE criteria.
51. The Owner agrees in the subdivision agreement to carry out or cause to be carried
out the measures and recommendations contained within the reports approved
under Condition 49.
52. The Owner agrees in the subdivision agreement to maintain all erosion and siltation
control devices in good repair during the construction period in a manner
satisfactory to the Ganaraska Region Conservation Authority.
MINISTRY OF TRANSPORTATION - ONTARIO
53. The Ministry of Transportation - Ontario will require, prior to final approval, a 0.3
metre reserve extending across the entire highway frontage be conveyed by deed
to the Ministry of Transportation. All deeds must be free of all encumbrances.
54. Since the subject site is within Ministry of Transportation - Ontario permit control
the Owner must obtain Ministry-issued building/land use permits, as per Sec. 38(2)
of the Public Transportation and Highway Improvement Act, prior to the
commencement of construction. Specifically, Building/Land Use Permits are
required for all structures above and below ground, including stormwater
management ponds, within 46 metres of the Highway 35/115 Right-of-Way and
Sign Permits are required for any signage visible to the Highway 35/115 Right-of-
Way.
55. The Owner agrees that all acoustical berms, fences and/or walls are to be setback
14.3 metres from the Highway 35/115 property line.
899042
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval date,
and no extensions have been granted, draft approval shall lapse and the file shall
be CLOSED. Extensions may be granted provided valid reason is given and is
submitted to the Director of Planning Services for the Municipality of clarington well
in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all
conditions of draft approval in an expeditious manner. The conditions of draft
approval will be reviewed periodically and may be amended at any time prior to final
approval. The Planning Act provides that draft approval, may be withdrawn at any
time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the
Regional Municipality of Durham.
4. Where agencies' requirements must be included in the local municipal subdivision
agreement, a copy of the fully executed agreement should be sent to the agencies
in order to facilitate their clearance of conditions for final approval of this plan. The
addresses and telephone numbers of these agencies are:
a) Durham Region Planning Department, 605 Rossland Road East, Whitby, Ontario
L 1 N 6A3 1-800-372-1102
b) Ganaraska Region Conservation Authority, Box 328, Port Hope, Ontario L1A 3W4
(905) 885-8173
c) Ministry of Transportation, Corridor Control Section, 301 St. Paul Street, 2nd Floor,
St. catherines, Ontario L2R 7R4 (905) 704-2913
d) Bell, Development & Municipal Services Control Centre, Floor 5, 100 Borough
Drive, Scarborough, Ontario M1 P 4W2
e) Enbridge Gas Distribution, Area 45 Records Coordinator, P.O. Box 650,
Scarborough, Ontario M1 K 5E3
899044
This is Schedule "A" to By-law 2008-
passed this day of , 2008 A.D.
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Jim Abernethy. Meyor
I2Z2J Zoning Change From "A-1" To "(H)R1-67"
~ Zoning Change From "A-1" To "(H)R2-45"
Newcastle J
Petti L. Berrie, Municipel Clerk
046
HANDOUTS
PRESENTATIONS
ClfJ!ilJgron
MEMO
CLERK'S DEPARTMENT
To:
From:
Date:
Subject:
Mayor Abernethy and Members of Council
Anne Greentree, Deputy Clerk
July 4, 2008
GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA - JULY 7,2008 - UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, July 7, 2008:
4. MINUTES
Replacement of Minutes of Closed Meeting of GPA Meeting of
June 16, 2008 - correction to the final paragraph of the first resolution
(to be distributed under separate cover)
6. DELEGATIONS
See attached Final List
14. CORPORATE SERVICES
(a) COD-046-08- CL2008-6, CONSTRUCTION OF KNOX
NEIGHBOURHOOD PARK
Revised Report
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST
OF DELEGATIONS
GPA Meeting: July 7,2008
(a) Richard Ward, Regarding His Past Delegations Before the Committee and
The Results
(b) Linda Gasser, Regarding EFW Health and Environmental Monitoring
(c) Libby Racansky, Regarding Report PSD-070-08
(d) Sandra Wedlock, Regarding Report PSD-076-08
(e) Krista Barr, Barr's Development, Regarding Report PSD-076-08
(f) Dan Strike, Regarding Report PSD-076-08
(g) Arthur Wynn, Regarding Report PSD-076-08
(h) Glenn Genge, GoO. Biddle & Assoc., Regarding Report PSD-077-08
(i) Robert Hann, Valiant Property Management, Regarding Report
PSD-077-08
U) Glenn Genge, GoO. Biddle & Assoc., Regarding Report PSD-081-08
(k) Libby Racansky, Regarding Regional Growth Durham
(I) Libby Racanksy Technically Preferred 407 Route
(m) Joanne McQuaid, Phoenix Transportation, Regarding Zoning Infraction
CJ. II
L~WNJglO
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
July 7, 2008
Report #: COD-046-08
File#_
By-law #
Subject:
CL2008-6, CONSTRUCTION OF KNOX NEIGHBOURHOOD PARK
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-046-08 be received;
2. THAT Rutherford Contracting Ltd, Gormley, Ontario with a total bid in the amount of
$414,544.56 (Excluding G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2008-6, be awarded the contract
for the Construction of Knox Neighbourhood Park, Bowmanville, Ontario as required
by the Engineering Department;
3. THAT funds required in the amount of $443,562.00 (which includes $414,544.56
tendering and contingencies) be drawn from Engineering 2008 Capital Account
#110-32-325-83302-7401 with the budget shortfall to be financed from the Park
Development and Related Facilities Development Charges Reserve Fund in the
amount of $39,205.80 and from the Municipal Capital Works Reserve Fund in the
amount of $4,356.20;
4. d By-law marked Schedule "A" authorizing the Mayor and the Clerk
essary agreement be approved.
Reviewed by:
C' ~ctlru
Submitted by:
Franklin Wu,
Chief Administrative Officer
MM\NT\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
REPORT NO.: COO-046-08
PAGE 2
1. BACKGROUND AND COMMENT
1.1. Tender specifications were provided by Henry Kortekaas & Associates Inc. for the
Construction of Knox Neighbourhood Park, Bowmanville, Ontario, as required by the
Engineering Department.
1.2. Tenders were advertised in local papers, as well as electronically. Subsequently,
tenders were received and tabulated as per tabulation, Schedule "C" attached.
2. ANALYSIS
2.1. After further review and analysis of the bids by the Engineering Department, Henry
Kortekaas & Associates Inc. and Purchasing, it was mutually agreed that the low bidder,
Rutherford Contracting Ltd, Gormley, Ontario, be recommended for the contract for the
Construction of Knox Neighbourhood Park, Bowmanville, Ontario. A copy of the
recommending memos from the Department of Engineering and the consultant Henry
Kortekaas & Associates Inc., are attached as Schedule "B'.
2.2. The low bidder has previously performed satisfactory work for the Municipality of
Clarington.
2.3. Queries with respect to department needs, specifications, etc., should be referred to the
Director of Engineering.
3. FINANCIAL IMPLICATIONS
3.1. The total project cost of $443,562.00 includes $414,544.56 tendering and contingencies.
The Engineering 2008 Capital Account #110-32-325-83302-7401 included a budget of
$400,000.00. This results in a budget shortfall of $43,562.00. As this project is 90%
development charges related, $39,205.80 of the shortfall can be funded from the Park
Development and Related Facilities Development Charges Reserve Fund and the
remaining 10% or $4,356.20 from the Municipal Capital Works Reserve Fund.
3.2. The funding will be provided as noted above and as outlined in the memo from
Engineering Services, marked Schedule "B".
REPORT NO.: COD-046-08
PAGE 3
3.3. As was mentioned during the 2008 budget process, two parks were included to be
funded from the Park Development and Related Facilities Development Charges
Reserve Fund but there were not sufficient funds at the time of budget to cover the full
cost of both. The second park will depend upon the amount of collections for
development charges as the year progresses. The status has not changed since the
budget was approved. The collections are still being monitored and the timing of the
second park may require deferral until sufficient funds have been collected. This will
also impact projects identified to be included in the 2009 capital budget.
4. CONCLUSION
4.1. That the low compliant bidder, Rutherford Contracting Ltd, Gormley, Ontario, be
recommended for the contract for the Construction of Knox Neighbourhood Park,
Bowmanville, Ontario.
5. INPUT FROM OTHER SOURCES
5.1. This report has been reviewed for recommendation by the Purchasing Manager, with
the appropriate departments and circulated as follows:
Concurrence: Director of Engineering
Attachments:
Attachment 1 -
Attachment 2 -
Schedule "A", By-law
Schedule "B" Memo from Peter Windolf &
Letter from Henry Kortekaas & Associates Inc.
Schedule "C" Bid Summary
Attachment 3 -
Schedule llA"
THE CORPORATION OF THE MUNICIPAliTY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Rutherford
Contracting ltd, Gormley, Ontario, to enter into agreement for
the Construction of Knox Neighbourhood Park, Bowmanville,
Ontario.
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, Rutherford Contracting Ltd, Gormley, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2008.
By-law read a third time and finally passed this day of
,2008.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
SCHEDULE "B"
CI![-i!1glOn
MEMO
TO: Jerry Barber, Purchasing Manager
FROM: PeterWindolf, Park Development Manager
DATE: June 23, 2008
SUBJECT: Knox Neighbourhood Park Construction
Tender CL2008~
The Engineering Services Department has reviewed the recommendation provided by
Henry Kortekaas and Associates and offers the following comments:
(
In 2008 the Municipality approved $400,000.00 for the construction of Knox
Neighbourhood Park. We concur with the recommendation to award the contract to
Rutherford Contracting Ltd. in the amount of $414,544.56 exclusive of G.S.T. for the
park development project. Rutherford Contracting ltd. has successfully completed
several park development projects for the Municipality in recent years.
A contingency amount of approximately 7% is carried forward. Construction inspection
and contract administration will be done by municipal staff. The Engineering Services
Department advises the following Municipal breakdown for the above referenced project:
Total Project Value
Project Breakdown
$443,562
$400,000
2008 Approved Budget Amount
Knox Neighbourhood Park Construction
11032325833027401
Additional Funding Required
$43,562
.
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SCHEDULE "BU
Cl..2~)C8-6
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We recommend award of the project with the budget shortfall to be financed from the
Park Development and Related Facilities Development Charges Reserve Fund in the
amount of $39,405.8Q and from the Municipal Capital Works Reserve Fund in the
amount of $4,356.20
,
Attached for your files is the recommendation provided by Henry Kortekaas and
Associates. Should you have any questions, please feel free to contact me.
Regards,
(
?~0->~
Peter Windolf, OALA, cS\:A
Manager Park Development
Idv
Attachment
Cc Nancy Taylor, Director of Finance
Tony Cannella, Director <?f Engineering
(
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
SCHEDULE "B"
June 16,2008
HENRY KORTEKAAS
& ASSOClA TES INC.
82 Sherwood Road East
AJIllt, ON LIT 2Z2
1-866-959-9997
(905) 427.2782
Fax: (905) 427-9964
hkortek@sympatico.ca
www.hklandarch.oom
Mr, Jerry Barber, C.P.P.O, Purchasing Manager
Municipality ofClarington
40 Temperance Street,
Bowmanville, ON
LlC 3A6
Tel: 905-623-3379
Fax: 905-623-3330
Re: Tender CL2008-6, Construction of Knox Park
Job No. 06670.0
Dear Mr. Barber,
We have reviewed the copy of the bid submitted to the Municipality of Clarington for the
construction of Knox Neighbourhood Park. Following this review we are recommending that
this contract be awarded to Rutherford Contracting Ltd" with a total bid of$414,544.56
(excluding GST) they are low bi,dder and we are confident they will be able to perform the
work as required.
HK/rk
Z:\2006\06610\CORRESPONDENCEiOlITGOING CORRESPONDENCE\06670.0 Tender Recommendotion letter 2008~06.16.doc
LANDSCAPE ARCHITECTURE, ENVIRONMENTAL PLANNING & RECREATIONAL PLANNING
Schedule "e"
Municipality of Clarington
BID SUMMARY
TENDER CL2008-6
CONSTRUCTION OF KNOX NEIGHBOURHOOD PARK
BIDDER
TOTAL BID
IGST Excluded)
$414,544.56
Rutherford Contracting Ltd.
Gormlev, ON
Ron Robinson Ltd.
Bowmanville, ON
Peninsula Construction
Fonthill, ON
Dig-Con International Limited
Bolton, ON
$433,678.01
$471,899.26
$482,656.00
July 7, 2008 Delegation to Clarington GPA Committee
Re: EFW Proiect Team Consultants' Framework for an Environmental and
Human Biomonitorine: Framework
Good Morning Mr.Mayor, Members of Committee, Ladies & Gentlemen:
I forwarded a copy of the proposed Environmental and Human Biomonitoring
Framework presented at the June 24th meeting of the Joint Waste Management Group,
and you should have received a copy of my delegation comments to that committee as
well.
The Joint Waste Management Group is the Steering Committee for the ongoing EA
study. Notwithstanding that they have carriage of the EA file and develop
recommendations to the Works/Solid Waste Committees of the two Regions, in my
opinion JWMG does not have the expertise to evaluate and direct the Project Team
consultants on matters regarding human health. Anything they do in this connection
should be a joint effort with the Medical Officer of Health and Health & Social Services
Committee at the table.
Project Team consultant Dr. Chris Ollson, who is not a medical doctor, presented the
human health monitoring framework and confirmed that his general focus has been on
the "environmental side" of issues, and that he could not provide much detail about the
human health monitoring. He indicated this would be discussed with the Medical Officer
of Health and staff over the summer.
According to Dr. Ollson baseline monitoring and/or human health studies are rarely
conducted around industrial projects in North America, even in Europe. The development
of a comprehensive human health and environmental monitoring framework would
essentially be "breaking new ground".
Dr. Ollson talked about collecting data within a one-kilometer radius of the facility, and
maybe doing this every three years. This proposed study area hardly seems sufficient
given that pollutants can be dispersed far beyond that distance, and the proper frequency
must be developed with expert input. As one example, the primary pathway of exposure
to dioxins is consumption of contaminated food, which can expose a very broad
population.
Agriculture is one of Clarington's primary industries and the importance of access to
locally grown foods is increasingly recognized and supported for a number of reasons.
This will be one of the most important components of a human biomonitoring program.
To develop a proper baseline data collection program now for a long enough period of
time pre-operation, so as to allow comparison to future data if the facility were to become
operational, clearly requires the involvement of independent expert agencies whose
primary mandate is human health.
Assuming she is still retained by the Project Team, I would have thought that Dr. Lesbia
Smith, who is a medical doctor and who has done some work on the EFW project over
the last year, should have presented the health monitoring framework and responded to
committee questions or if not her, then another suitable candidate.
In Report 2007-MOH-20, Dr. Smith provided several recommendations and on pg 26
writes:
"By using risk assessment methodology and information from epidemiology, coupled by
direct measurement of exposures (biomonitoring) in the appropriate setting, greater
precision can be achieved in calculating exposure from environmental contaminants and
health effects in populations. All three methods assist regulatory bodies, support public
health activities and bring a greater understanding of the interaction of humans with
their environment. Because each method can have limits and challenges, a combination
(emphasis added) best serves public health ".
At the June 24th meeting, I was left with the impression after a rather confusing
committee discussion that Dr. Ollson would meet over the summer with the Medical
Officer of Health and staff to develop a monitoring framework, which would then be
reviewed by Dr. Kyle. Dr. Ollson is a Project Team consultant, and the main proponent
of the incinerator project employs Dr. Kyle - neither could be considered independent,
nor could Dr. Smith so all monitoring programs must be reviewed by an independent
expert reviewer to provide confidence to the public and the decision-makers that public
health priorities truly are at the forefront.
As the Council of the possible Host Community, you must ensure that if the Region
would not commit to a truly independent expert peer review, then Clarington Council
must do so and ensure that sufficient funds would be available either through the current
Peer Review budget, or secured through Host Community Agreement negotiations.
Further, I urge you to pass a motion to this effect and to put the Region on notice that this
Council would do their due diligence on this matter.
Thank you for your attention.
Linda Gasser
Cc: DIY EA Project Team
Joint Waste Management Group
Durham Health & Social Services Committee
Durham Region Council
Clarington CAO, Planning Dept.
2
July 7, 2008
Good Morning the Honourable Mayor Abernathy and all Councillors of the
Municipality of Clarington.
It is with great anguish that I myself Krista Barr and my husband Corey Barr of
Barr's Developments Ltd. must speak before you today regarding our pending
property development within the rural cluster of Bond Head, report PSD-076-08.
Approximately 29 months ago we started the process with the Municipality
Planning Staff, on a new-to-us journey in life as well as in business, to develop
approximately 10 acres in the rural cluster of Bond Head, of Newcastle. Our initial
meeting in February 2006 with Planning staff was to discuss any possible
upcoming issues with our proposed development, before we purchased this
property, with the intent of a small future subdivision. Not only are we the
developers of this project, but it was always our sole intent to be able to build our
new home to live within this development. It has been our ultimate dream to
build our first innovative home in what we and many others feel to be a serene
gem of a small rural area .............Iocated between the streets of Boulton, Park
Lane, and Queen Victoria. It certainly is one of the last of a very rare breed of
such properties remaining in a natural state of beauty, within the Municipality of
Clarington, little own the Region of Durham.
Our future successes and dreams where shattered beyond our worst ever
possible thoughts on June 23rd, 2008, when Clarington Planning Staff called our
engineer at what we feel to be the 11th hour prior to draft plan approval, to state
that Clarington would be exercising their right in extracting 1125 sq metres of the
south west corner within our development, for the future use of a parking
lot.......not park land.......a parking lot.
We met with Planning Staff on June 24th, with intent to resolve this new hurdle.
With no success, a further meeting proceeded on June 26th, 2008 with staff from
Planning, Engineering, and Parks Departments. Our engineer Glenn Genge, our
lawyer Dan Strike and ourselves attempted to understand the immediate need of
this proposed parking lot issue. Staff stated that they felt there may be a need for
a parking lot in the future and now was the time to acquire this property from us
and our proposed development. When we challenged the necessity of this
parking lot and the future concept plan of a water front park, staff informed us
that there was not a formal park plan presently, with no other formal justification
to clearly show the necessity for another parking lot in Bond Head. No other fair
resolution or recommendation was obtained from staff, without completely
compromising the quality of life at our expense within this proposed
development.
Never......in our wildest dreams, did we ever think, or assume, that Clarington staff
would want property of ours, as we were preparing to fulfill the parkland
designation with a complete cash-in-lieu option. Over the past months, this
option never appeared to cause any problems with our development. Never in
any of these discussions over the past 29 months, did Clarington staff state that it
was ever the intent or option of the Municipality to require additional park land,
or even at that of a parking lot within this proposed subdivision, quite frankly on
the lot that we ourselves intend to build on. It is a wished-for idea by staff to
allocate this land for a future parking lot, for the possibility of a future not yet
planned water front park development, to be built in 2013, within the exisitng
Bond Head Parkette area. Such a large unsupported parking lot simply for an
idea of a future water park development to be located away from the Bond Head
Parkette would only harbor much unwanted vandals, illegal activities, let alone an
unsafe environment to raise our families in. The unjustified thought of a parking
lot is simply distressing to say the least, for all of us wishing to make Bond Head
their new home, little own to the current residents. A significant change of the
draft proposal to include a parking lot and a chain link fence, would be the worst
impact of negative consequences on such a gem of a rural cluster of Bond Head.
We genuinely feel this would only down grade the value of ours and the
surrounding properties.
If we knew that this could ever have been the recommendation of staff 29
months ago, we would have never ventured into this improvement of the rural
cluster of Bond Head, little alone be standing before you all today. It truly has
been the longest and most difficult two weeks of our lives, as well as many others
with our future hanging in the ballast. It is our only hope that Council may clearly
see today that we are attempting to keep our proposed development of this rural
type subdivision as a tranquil setting, improving the area in a very positive
direction, which is wished for by many of us here to finally call "home".
In conclusion, it is of our strong and heart wrenching objection to the staff
recommendations, in possessing the idea a parking lot in our own back yard is
truly a sinful waste of this beautiful property. It is no one's dream in this world to
build their estate home, right beside a parking lot. I can only believe that
everyone here would truthfully agree with the both of us.
Thank you to all of Council and Mayor Abernathy for your time and patience for a
fair resolution for all of us involved, "Thank You" .....................
~~
OC
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