HomeMy WebLinkAbout10/06/2008
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
October 6, 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 September 22, 2008
401
5. PRESENTATIONS
(a) Claudio Covelli, Dillion Consulting Limited, Regarding Report
ESD-014-08, Master Fire Plan
6.
DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List)
601
(a) Stephen Hogg, Regarding Report PSD-099-08
(b) Libby Racansky, Regarding Report PSD-102-08
(c) Richard Ward, Regarding Taxes and Receive for Information
(d) Beth Kelly, Valiant Property Management, Regarding Rezoning
Application to Permit a Shoppers Drug Mart
(e) Markus Lise, Regarding The Sea to Sea Bike Tour
(f) Nick Mensink, Sernas Associates, Regarding Report PSD-100-08
7. PUBLIC MEETINGS
(a) Application to Amend the Clarington Zoning By-Law
Applicant: 896443 Ontario Ltd.
Report: PSD-096-08
701
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3Al;l T 905-623-3379
G.P. & A. Agenda -2- October 6, 2008
8. PLANNING SERVICES DEPARTMENT
(a) PSD-096-08 Zoning By-law Amendment to Rezone to Permit Prestige 801
Employment Uses
Applicant: 896443 Ontario Limited
(b) PSD-097 -08 Monitoring of the Decisions of the Committee of 813 .
Adjustment for the Meeting of September 18, 2008
(c) PSD-098-08 Rezoning to Permit an Indoor Golf Driving Range and Club 819
House as Permitted Uses at 2735 Hancock Road, Courtice
Applicant: Gertrud Tomina
(d) PSD-099-08 Municipality of Clarington General Amendment to Zoning 832
By-law 84-63 Regarding Recreational Vehicle Parking and
Accessory Buildings and Structures
(e) PSD-100-08 Proposed Official Plan Amendment, Rezoning and Plan of 853
Subdivision to Delete a Secondary School Site and to
Permit the Development of 90 Single Dwellings and 66
Block Townhouse Dwellings
Applicant: Prestonvale Heights Limited
(f) PSD-102-08 Proposed Zoning By-law Amendment by the Municipality 867
of Clarington for 3289 Trulls Road North in Courtice
(g) PSD-103-08 Repeal of Heritage Designation 25-27 King Street East, 878
Bowmanville
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-040-08 Monthly Report on Building Permit Activity for August, 2008 901
(b) EGD-041-08 TSH Merger with Aecom Canada Limited - Amendments 907
to Agreement for Professional Consulting Services and
Related Amendments to the Purchasing By-law
(c) EGD-043-08 Veltri Gardens Subdivision, Bowmanville, Plan 40M-21 07, 928
"Certificate of Acceptance" and "Assumption By-laws",
Final Works Including Roads and Other Related Works
(d) EGD-044-08 Newcastle Meadows Subdivision Phase 2, Bowmanville, 934
Plan 40M-1911, "Certificate of Acceptance" and
"Assumption By-laws", Roads and Above Ground Services
Including Roads and Other Related Works
G.P. & A. Agenda
- 3 -
October 6, 2008
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-013-08 Memorandum of Understanding - St. Marys Cement Inc. 1101
(Canada)
(b) ESD-014-08 Master Fire Plan Update 1108
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-026-08 Amend Appointment of Officers 1301
(b) CLD-027 -OB Confidential Report Regarding Litigation or Potential
Litigation. Including Matters Before Administrative
Tribunals, Affecting the Municipality
(c) CLD-028-08 Quarterly Parking Reports 1304
14. CORPORATE SERVICES DEPARTMENT
(a) COD-054-08 Price Hedging Agreements (Commodities) Statement of 1401
Policies and Goals
(b) COD-056-08 CL200B-15, Construction of Aspen Springs 1415
(c) COD-057-08 CL2008-34, Supply, Delivery and Installation of Various 1423
Trees & Stump Grinding Requirements for the Municipality
of Clarington
(d) COD-059-0B Review of Clarington.net, Publication 1428
(e) COD-060-0B RFP2008-2, Garnet B. Rickard Recreation Complex Lease 1433
Space - Community Care Durham
15. FINANCE DEPARTMENT
(a) FND-021-0B List of Applications for Cancellation, Reduction, 1501
Apportionments or Refund of Taxes
(b) FND-022-08 Municipal Performance Measures Program - 2007 1507
G.P. & A. Agenda
-4-
October 6, 2008
16. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-010-08 Corporate Strategic Business Plan 2007-2010
2008 Progress Report
1601
17. UNFINISHED BUSINESS
18. OTHER BUSINESS
19. COMMUNICATIONS
(a) Memorandum from the Director of Planning Services Requesting that a 1901
recommendation, regarding an amendment to Zoning By-law 84-63
respecting the development of a mixed use building (for a Shoppers Drug
Mart and Second Storey office space) be postponed to a later date in
support of the request for postponement from MHBC Planning.
(b) Memorandum from the Director of Planning Services Requesting that 1905
Report PSD-091-08, remain tabled at this time.
20. ADJOURNMENT
CJM.-flJgton
General Purpose and Administration Committee
Minutes
September 22, 2008
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, September 22, 2008 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim (left at 11 :15 a.m.)
Councillor W. Woo
Acting Chief Administrative Officer, M. Marano
Deputy Fire Chief, Emergency Services, M. Berney
Director of, Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Deputy Director of Finance, L. Gordon
Director of Operations, F. Horvath
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
Councillor Foster announced the following upcoming events:
· Whitecliffe Terrace Retirement home will be hosting a Tickle Me Pink event
on September 26th,with the proceeds going to Run for the Cure
· Whitecliffe Terrace Retirement home will have a box located in the lobby on
September 25th for clothing and blanket donations for a daycare of about 60
children
· Courtice Business Association met on September 1 ih and one concern
raised was with regards to the proposed median strip to be installed in front of
the Whitecliffe buliding
401
General Purpose and Administration Committee
Minutes
September 22, 2008
Councillor Novak announced the following events she attended over this past week:
. Durham Agricultural Committee hosted their farm tour on September 16th
. The Region of Durham evening event for long-term service and retirees on
September 18th
. Clarington Older Adults Association Gala Dinner on September 19th
. Grand Re-Opening of Langes Photos on September 20th
. The ball tournament at Memorial Park on September 20th in support of Lukes
Place
Councillor Hooper announced the following up coming events:
. Central Lake Ontario Conservation Authority is hosting it's annual festival on
September 23rd at Camp Samac
. Central Lake Ontario Conservation Authority will be celebratin~ it's 50th
Anniversary celebrations at Cullen Gardens on September 25
Councillor Robinson announced the following event:
. Orono BIA hosted a Chili Cook Off with the proceeds donated to the local
food bank
Councillor Woo announced the following events:
. He attended the Grand Re-Opening of Boston Pizza on September 17th
. The Bowmanville Eagles Hockey team hosted the Ontario Junior Hockey
Tournament at Rickard Recreation Complex on September 19th through to
September 21st
. Dan Carter will be at the Chapters Book store between 7 p.m. - 9 p.m. on
September 22nd to promote his new book
. Durham Regional Soccer Association is hosting their awards dinner at the
Bowmanville Indoor Soccer Facility on September 24th
. Clarington Blooms 2008 winners of the Apple Blossoms awards will be
announced on September 24th
. Clarington Squash Club will be hosting a tournament at the Clarington Fitness
Centre on September 27th
. Family Safety Day will be held at Fire Station #1 from 10 - 4 on Saturday
September 27th
MINUTES
Resolution #GPA-507-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on September 8, 2008, be approved.
CARRIED
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402
General Purpose and Administration Committee
Minutes
September 22, 2008
PRESENTATIONS
There were no presentations.
DELEGATIONS
Terra Sayer, Canadian Red Cross, rescheduled to address the Committee at the
General Purpose and Administration meeting scheduled for October 6, 2008.
Jaison Gibson addressed the Committee regarding the concept of a Public Nature
Credit Program. He would like to see the local government and the public rally together
and work with nature to help solve some of the problems with the environment. As an
incentive for land owners to participate, the Municipality of Clarington could provide a
tax credit to the land owners at the end of the year. With the cost of living increasing,
price of food and gas rising rapidly, Mr. Gibson has planted a shared garden on his
family's farm to share with his neighbours. Mr. Gibson would like to have the
Municipality promote shared gardens and he would like to see at least ten in the area
next year. Mr. Gibson informed the Committee he will be back every two weeks to
present new ideas and anyone wishing to contact him with their suggestions can do so
by emailinghimatblacklabstudio@hotmail.com.
Stephen Hogg addressed the Committee regarding trailer and boat storage on his
property. Mr. Hogg felt the complaints with regards to his property were not valid
because he had not yet had any trailers or boats stored on his property. He did state
that he had put a sign on his front lawn indicating his intentions but nothing was stored.
Mr. Hogg had contacted the Planning Department over a year ago and felt the cost to
apply for rezoning was too expensive and he was not guaranteed this request would be
approved. He is concerned that having his property rezoned from agricultural to
commercial will have a significant impact on his taxes. Mr. Hogg would like to see a
permit system implemented, with some reasonable fee structure. He feels this is a
reasonable request, if the permit holders are not in compliance with the by-laws then
their permits can be revoked and not renewed. He would like to meet with Planning
staff to discuss any options.
Richard Ward addressed the Committee regarding taxes. Mr. Ward would like
something done from the Committee with his delegations, other than "received with
thanks." He requested a current tax breakdown of his property taxes, indicating the
amount paid for garbage pick up and any penalty charges. Mr. Ward requested an
explanation as to why he has been denied the request to have his property rezoned,
which he explained was requested a few years ago during the official plan review.
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403
General Purpose and Administration Committee
Minutes
September 22, 2008
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
(a)
Subject:
Applicant:
Report:
Application for Draft Plan of Subdivision Approval
Ontario Power Generation Inc.
PSD-093-08
Tracey Webster, Planner, Planning Services Department provided a verbal report
supported by a Powerpoint presentation pertaining to Report PSD-093-08.
No one spoke in opposition to Report PSD-093-08.
Richard Ward spoke in support of the recommendations contained in Report
PSD-094-08. Mr. Ward stated this type of development should be encouraged as it
promotes job creation not just in Clarington but also in the Durham Region. Mr. Ward
requested that Council strongly support this type of development.
Nick Mensink, Sernas Associates, was present on behalf of the applicant to address
any concerns or questions raised at the public meeting. There were no questions or
concerns raised. Mr. Mensink will continue to work with staff and looks forward to a
subsequent report this fall.
(b) Subject: Application to Amend the Zoning By-Law 84-63
Applicant: 564069 Ontario Inc.
Report: PSD-094-08
Richard Holy, Senior Planner, Planning Services Department provided a verbal report
supported by a Powerpoint presentation pertaining to Report PSD-094-08.
No one spoke in opposition to or support of Report PSD-094-08.
Glen Genge, DG Biddle & Associates, was present on behalf of the applicant to address
any concerns or questions raised at the Public Meeting. There were no questions or
concerns raised. Mr. Genge advised they are willing to work with all of the issues,
stated in the Report, through the site plan process.
(c) Subject: Application to Amend the Clarington Official Plan, Zoning
By-Law 84-63 and for an Approval of a Proposed Draft Plan of
Subdivision
Applicant: Smooth Run Developments and Brookfield Homes (Ontario)
Limited
Report: PSD-095-08
Cindy Strike, Planner, Planning Services Department provided a verbal report
supported by a Powerpoint presentation pertaining to Report PSD-095-08.
.4.
404
General Purpose and Administration Committee
Minutes
September 22, 2008
Doug Rombough spoke in opposition to the recommendations contained in Report
PSD-095-08. Mr. Rombough is a resident of the area and has several concerns. He
provided the Committee with a presentation showing the history of his house and the
surrounding area. He is concerned the new development is not in keeping with the
historic look of the area. Mr. Rombough is concerned with the number of houses
proposed for this site and the impact it will have on the traffic flow. Mr. Rombough feels
his residence will be the most adversely affected by this development. Therefore, he
requested an increase to the buffer area to be greater than ten meters and that
evergreens be planted around his property for further enhancement; that the number of
housing units be decreased and the lots sizes increased; and that the development be
constructed so it does not affect the water flow in the year-round stream flowing across
his property. He would like to see the park sizes and the number of parks increased.
Robert Franssen spoke in opposition to the recommendations contained in Report
PSD-095-08. Mr. Franssen expressed concerns over the impact this development will
have in future years on the water and sewer treatment for the Village of Newcastle. He
enquired if there would be an arm or an overpass installed at the rail tracks on Arthur
Street. Mr. Franssen has traffic concerns, he would like to see turning lanes
implemented and possibly the widening of Arthur Street. The southbound access to the
115/35 needs to be addressed as well. Mr. Franseen would like to have more parks,
especially baseball diamonds developed in the area, and would like to see a police
station built in Newcastle to help deal with the increase of population and resulting
increase in enforcement needs.
Pastor Brouwer, Crossroads Christian Assembly Church, spoke in opposition to the
recommendations contained in Reoport PSD-095-08. He expressed concerns that
there are no places of worship within this proposed development. He is opposed to the
road closure for North Street which is the street in front of his church. He has concerns
that the proposed changes would cause the public to take short cuts to McDonald's and
believes that putting a gate up is not an option as there has to be public access to this
road at all times. He would like to see Regional Rd. 17 remain as it is.
Helen HuDocin spoke in opposition to the recommendations contained in Report
PSD-095-08. Ms. HuDocin is an owner of a century home on Concession #3. Ms.
HuDocin informed the Committee she has concerns regarding the increase in traffic and
the proposed exits this development will have on North Street. She is currently
experiencing problems getting out of her driveway because of traffic and this will only
add to the problem.
No one spoke in support of Report PSD-095-08.
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405
General Purpose and Administration Committee
Minutes
September 22, 2008
Bryce Jordan, Sernas & Associates, was present on behalf of the applicant to address
any concerns or questions raised at the Public Meeting. He informed the Committee
this is a large development covering 280 acres and will be implemented in stages to
keep pace with infrastructure. Mr. Jordan informed the Committee the water issues
raised at this Public Meeting will be reviewed and Mr. Rombough will be kept informed.
Resolving the traffic and road issue with regards to the North Street closure and
re-alignment of Regional Rd #17 will take cooperation between the developers, Ministry
of Transportation, the Region and the Municipality of Clarington. Mr. Jordan will look
into the increasing the buffer size and the parks.
Resoultion #GPA-508-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 11 :30 a.m.
PLANNING SERVICES DEPARTMENT
APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE
DEVELOPMENT OF THREE INDUSTRIAL BLOCKS
APPLICANT: ONTARIO POWER GENERATION INC.
Resolution #GPA-509-08
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT Report PSD-093-08 be received;
THAT the application continue to be processed to address outstanding issues and any
concerns raised at the Public Meeting; and
THAT all interested parties listed Report PSD-093-08 and any delegations be advised of
Council's decision.
CARRIED
PROPOSED ZONING BY-LAW AMENDMENT BY 564069 ONTARIO INC. TO
PERMIT ADDITIONAL PARKING FOR A SUPERMARKET EXPANSION
Resolution #GPA-51 0-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report PSD-094-08 be received;
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406
General Purpose and Administration Committee
Minutes
September 22, 2008
THAT the proposed amendment to Zoning By-law 84-63 to permit additional parking for
a 929 sq.m. supermarket expansion be approved and that the by-law as contained in
Attachment 3 to Report PSD-094-08 be passed; and
THAT the Region of Durham, all interested parties listed in Report PSD-094-08, and
any delegations at the Public Meeting be advised of Council's decision.
CARRIED
PROPOSED OFFICIAL PLAN AMENDMENT
PROPOSED NEIGHBOURHOOD DESIGN PLAN FOR VILLAGE NORTH
NEIGHBOURHOOD IN NEWCASTLE
APPLICATIONS TO AMEND THE ZONING BY-LAW AND FOR APPROVAL OF
DRAFT PLANS OF SUBDIVISION
APPLICANTS: SMOOTH RUN DEVELOPMENTS (METRUS DEVELOPMENTS INC.)
BROOKFIELD HOMES (ONTARIO) LIMITED
Resolution #GPA-511-08
Moved by Councillor Foster, seconded by Mayor Abernethy
THAT Report PSD-095-08 be received;
THAT the application to amend the Clarington Official Plan COPA 2005-008, submitted
by Smooth Run Developments and Brookfield Homes (Ontario) Limited continue to be
processed including review of comments received at the Public Meeting;
THAT the application for Draft Plan of Subdivision S-C-2005-0003 and application for
rezoning, ZBA 2005-042 submitted by Smooth Run Developments continue to be
processed including review of comments received at the Public Meeting;
THAT the application for Draft Plan of Subdivision S-C-2005-0004 and application for
rezoning, ZBA 2005-043 submitted by Brookfield Homes (Ontario) Limited continue to
be processed including review of comments received at the Public Meeting; and
THAT all interested parties listed in Report PSD-095-08 and any delegation be advised
of Council's decision.
CARRIED
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407
General Purpose and Administration Committee
Minutes
September 22, 2008
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
HYDRO ONE NETWORKS INC. - REQUEST FOR EASEMENT
Resolution #GPA-512-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report EGD-039-08 be received; and
THAT the By-law attached to Report EGD-039-08 as Attachment 1. be passed to
authorize the Mayor and Municipal Clerk, on behalf of the Municipality of Clarington, to
execute documents considered necessary by the Municipality's Solicitor for the
Municipality of Clarington to transfer a perpetual easement for a nominal consideration
to Hydro One Networks Inc. to permit the location, repair, maintenance and replacement
of a Switch Gear Box on Part 1 shown on Plan 40R-25551 containing terms satisfactory
to the Director of Engineering Services, conditional on Claret Investments Limited and
1361189 Ontario Limited paying the Municipality's reasonable costs for legal services
and disbursements.
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
HERITAGE DESIGNATION BY-LAW AMENDMENT
Resolution #GPA-513-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-025-08 be received;
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408
General Purpose and Administration Committee
Minutes
September 22, 2008
THAT the by-law attached to Report CLD-025-08 as Attachment No. 1 to amend the
designation of 19 King Street East, Bowmanville, be forwarded to Council;
THAT the Municipal Clerk be authorized to carry out all actions necessary to complete
the process of amending the property designation pursuant to the Ontario Heritage Act,
R.S.O. 1990, c.O.18 and detailed within Report CLD-025-08; and
THAT the property owner, the Clarington Heritage Committee and the Ontario Heritage
Trust be advised of Council's decision.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
CL2008-10, VEHICLES FOR VARIOUS DEPARTMENTS
Resolution #GPA-514-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Report COD-052-08 be received;
THAT Colombo Motors LP, Woodbridge, Ontario, being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2008-10 for the supply of
vehicles required by the Clerk's, Operations and Community Services Departments; be
awarded the contract as follows:
Item
No.
Part C
Description
Bid Amount
Part E
One (1) Light Duty 4WD Crew Cab Short Box
Pick-up Truck
Four (4) 4WD Long Box Pick-up Trucks
Total Award (Plus G.S.T)
$25,215.82
$131.049.58
$156.265.40
THAT Section Part B and Part Dare re-tendered as no bid submissions were received;
THAT Section Part A, Part F and Part G are re-tendered as the bid submissions
received do not meet the Municipality of Clarington's specifications; and
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409
General Purpose and Administration Committee
Minutes
September 22, 2008
THAT the funds required in the amount of $156,265.40 (plus G.S.T.), be drawn from
accounts as follows:
Department & Account Number
Clerk's Department - 2008 Capital Budget
Account #110-19-388-81904-7401
Operations Department - 2007 Capital Budget
Account #110-36-388-83642-7401
Account #110-36-388-83650-7401
Amount
$25,215.82
$32,762.39
$65,524.80
Community Services Department- 2008 Capital Budget
Account #110-42-388-84205-7401 $32.762.39
Total Funds Available $156.265.40
CARRIED
CL2008-33, ONE (1) SIDE LOADING COMPACTOR
Resolution #GPA-515-08
Moved by Councillor Hooper. seconded by Councillor Novak
THAT Report COD-053-08 be received;
THAT Haul-All Equipment, Lethbridge Alberta, with a total bid in the amount of
$130,489.65 (plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2008-33, be awarded the contract to supply
one (1) Side Loading Compactor, as required by the Municipality of Clarington,
Operations Department; and
THAT the funds required in the amount of $130,489.65 (plus G.S.T.) be drawn from
Operations Department 2008 Capital Account # 110-36-388-83616-7401 as follows:
2008 Budget Amount $120.000.00. Additional Funds from Development Charge
Reserve Fund $9,441.00 and Operations Equipment Reserve Fund $1,049.00.
CARRIED
CL2008-29, TWO (2) 60,000 G.V.W. TANDEM DIESEL DUMP TRUCKS WITH PLOW
EQUIPMENT
Resolution #GPA-516-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report COD-055-08 be received;
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410
General Purpose and Administration Committee
Minutes
September 22,2008
THAT Winslow-Gerolamy Motors Limited, Peterborough, Ontario, with a total bid in the
amount of $353,272.32 (plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2008-29, be awarded the contract to
supply two (2) 60,000 G.V.W. Tandem Diesel Dump Trucks with Plow Equipment, as
required by the Municipality of Clarington, Operations Department; and
THAT the funds required in the amount of $353,272.32 (plus G.S.T.) be drawn from the
Operations 2008 Capital Budget Account 110-36-388-83642-7401.
CARRIED
FINANCE DEPARTMENT
AGGREGATE RESOURCE ACT
Resolution #GPA-517-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-019-08 be received for information.
CARRIED
ANNUAL LEASING REPORT. 2008
Resolution #GPA-518-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-02Q-08 be received for information.
CARRIED
CHIEF ADMINISTRATIVE OFFICE
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
DELEGATION - JAISON GIBSON - REGARDING PUBLIC NATURE CREDIT
PROGRAM
Resolution #GPA-519-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT the delegation of Mr. Jaison Gibson be received with thanks.
CARRIED
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411
General Purpose and Administration Committee
Minutes
September 22, 2008
DELEGATION - STEPHEN HOGG - REGARDING TRAILER & BOAT STORAGE ON
HIS PROPERTY
Resolution #GPA-520-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation of Mr. Stephen Hogg be referred to the Director of Planning
Services for further review and consideration.
CARRIED
DELEGATION - RICHARD WARD - REGARDING TAXES
Resolution #GPA-521-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Mr. Richard Ward be received; and
THAT the Director of Finance be directed to provide Mr. Ward with a letter detailing a
breakdown of his outstanding property taxes including penalty charges.
WITHDRAWN
Resolution #GPA-522-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Mr. Richard Ward be received;
THAT the Director of Finance be directed to provide Mr. Ward with a letter detailing a
breakdown of his outstanding property taxes including penalty charges. for the previous
5 year period; and
THAT the correspondence be sent to Mr. Ward via registered mail.
CARRIED AS AMENDED
(See following motion)
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412
General Purpose and Administration Committee
Minutes
September 22, 2008
Resolution # GPA-523-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the foregoing resolution be amended to add the following:
"THAT the Director of Planning Services be directed to provide Mr. Ward with
correspondence explaining in simple terms the requirements to be met to consider a
rezoning of his property; and
THAT this correspondence be sent to Mr. Ward via registered mail."
. CARRIED
The foregoing Resolution #GPA-522-08 was then put to a vote and carried as amended.
OTHER BUSINESS
There were no items dealt with under this section of the agenda.
COMMUNICATIONS
There were no items dealt with under this section of the agenda.
ADJOURNMENT
Resolution #GPA-524-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 12:10 p.m.
CARRIED
MAYOR
DEPUTY CLERK
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413
DRAFT LIST
OF DELEGATIONS
GPA Meeting: October 6, 2008
(a) Stephen Hogg, Regarding Report PSD-099-08
(b) Libby Racansky, Regarding Report PSD-102-08
(c) Richard Ward, Regarding Taxes and Receive for Information
(d) Beth Kelly, Valiant Property Management, Regarding Rezoning
Application to Permit a Shoppers Drug Mart
(e) Markus Lise, Regarding The Sea to Sea Bike Tour
(f) Nick Mensink, Sernas Associates, Regarding Report PSD-100-08
CICJ!.#JglOn
Report # PSD-096~08
896443 Ontario Ltd.
AN APPLICATION TO AMEND THE CLARINGTON ZONING BY.LAW 84-63
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed
Zoning By.law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning By.iaw Amendment submitted by 896443 Ontario Limited would permit the
development of a prestige employment area containing approximately 4585 m' of industrial floor area, a
restaurant, a coffee shop, a bank totalling 1240 m' of floor area, an addllional1170 m' anciliary commercial
building, and a 5-storey, 100 room hotel with a conference centre.
The subject property is located in Part Lot 17, Broken Front Concession, fonmer Township of Darlington at
922 Green Road in Bowmanvilie, as shown on reverse.
Planning File No.: ZBA200a.-0019
PUBLIC MEETING
The Municipality of Clarington wili hold a public meeting to provide interested parties the opportunity to
make comments, identify issues and provide addllional information reiative to the proposed development.
The public meeting wili be held on:
DATE: Monday, October 6, 2008
TIME: 9:30 a.m.
PLACE: Council Chambers, 2"' Floor, Municipal Administrative Centre,
40 Temperance Sl,.Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support
of or in opposition to the proposal. The start time listed above reflects the time at which the General
Purpose and Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their
meeting on Tuesday October 14, 2008, commencing at 7:00 p.m. Should you wish to appear before
Council, you must register with the Clerks Department by the Wednesday noon, October 8, 2008, to have
your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to be notified of subsequent meetings or the approval of the proposed zoning by-law amendment
or of the refusal of a request to amend the zoning by.law, you must make a written request to the Clerk's
Department, 2'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6.
Additional Information relating to the proposai is available for inspection between 8:30 a.m. and 4:30 p.m.
(during July and August 8:00 a.m. and 4:00 p.m.) at the Planning SeIVices Department, 3~ Floor, 40
Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Susan Ashton at (905) 623-3379
extension 218 or bye-mail atsashtontll!clarinatan.net .
APPEAL
If a person or public body does not make oral submissions at a publiC meeting or make written submissions
to the Municipality of Clarington Planning SeIVices Department before the proposed zoning by-law
amendment is approved, the person or public body is not entitled to appeal the decision of Clarington
Council to the Ontario Municipai Board.
If a person or public body does not make oral submissions at a publiC meeting or make written submissions
- to the Municipality of Clarington before the proposed zoning by.law amendment is approved, the person or
public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board
unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a
party,
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 6, 2008
Report #: PSD-096-08
File #: ZBA 2008-0019
By-law #:
Subject:
ZONING BY-LAW AMENDMENT TO REZONE TO PERMIT PRESTIGE
EMPLOYMENT USES
APPLICANT: 896443 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-096-08 be received;
2. THAT the rezoning application submitted by 896433 Ontario Limited for prestige
employment lands continue to be reviewed to address outstanding issues and any
concerns raised at the Public Meeting; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
David J. rome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
u~~
Franklin Wu,
Chief Administrative Officer
SAlCP/av/df
September 26, 2008
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-096-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: 896433 Ontario Limited
1.2 Applicant: Commercial Focus Advisory Services Inc.
1.3 Proposal: To rezone the subject lands from "Agricultural (A)" to an appropriate zone
to permit the development of a prestige employment area containing
approximately 4,585 m2 of industrial floor area, a commercial area
containing a restaurant, a coffee shop, a bank, totaling 1240 m2, a 1,170
m2 ancillary commercial building, and a 5 storey, 100 room, hotel with a
conference centre.
1.4 Site Area: 8.8 ha (21.75 ac)
1.5 Location: The subject lands are located in Bowmanville, west of Green Road and
south of Baseline Road. (Attachment 1). The property is contained within
Part Lot 17, Broken Front Concession, and is known municipally as 922
Green Road.
2.0 BACKGROUND
2.1 On June 24, 2008 the applicant submitted a partial application for rezoning on the
subject property. On July 10, 2008 the owner submitted the remaining necessary
studies and fees to the Municipality of Clarington to rezone the subject lot. The
application was deemed complete on July 22, 2008.
2.2 The Owner/Applicant has previously submitted official plan amendment and rezoning
applications in 2007 to develop the property residentially with a mix of low and medium
density dwelling units. The Growth Plan for the Greater Golden Horseshoe 2006
prohibits the conversion of employment lands to residential uses except through a
municipal comprehensive Official Plan review. At that time Clarington was not
undertaking its Official Plan Review process and the applicant did not wish to wait. The
applications submitted were not complete, and after several meetings with the
Municipality and the Region of Durham, the Owner withdrew the official plan
amendment and re-submitted the rezoning application to be in conformity with the
current Clarington Official Plan.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 Currently the site is vacant and has been used for agricultural crops. The Darlington
Creek area is the western boundary for the proposed development. The Owner,
896443 Ontario Limited, is also the owner of the lands located on the west side of the
Darlington Creek, extending to the western urban area boundary of Bowmanville and
designated as "Environmental Protection Area". The Owner is contemplating residential
802
REPORT NO.: PSD-096-08
PAGE 3
uses in the future for the west side of the Darlington Creek, but that is not part of the
current rezoning application.
3.2 The property contains steep slopes that will require significant engineering and grading
to become useable. There is a grading separation of approximately 20 metres between
the northerly abutting property and the flatter agricultural portion of the subject property.
The steeper slopes are bush covered as they are unusable for agricultural purposes.
The creek valley is densely treed and drops approximately another 5 metres to the
valley bottom.
3.3
Surrounding Uses:
North:
South:
East:
single detached dwellings, Baseline Road, future draft approved
plan of subdivision
single detached dwelling, agricultural
Municipal recreational complex - Bowmanville Indoor
Soccer/Lacrosse Bowl
Rural residential
West:
4.0 PROVINCIAL POLICIES
4.1 Provincial Policv Statement
Provincial Policy regarding employment areas states that municipalities shall plan for,
protect and preserve employment areas for current and future uses. The applicant is
seeking to develop lands designated Prestige Employment Area in the Clarington
Official Plan. There shall be no conversion of employment areas to non-employment
uses, except through a comprehensive review, and then only where it has been
demonstrated that there is a need for the conversion.
4.2 Growth Plan
The Growth Plan states that municipalities shall promote and provide for economic
development by providing for employment uses. These lands have been designated for
industrial development since being included in the Bowmanville Urban Area in 1996. To
date they have been used for agricultural uses and industrial development has not
occurred.
The Growth Plan states that Greenfield development shall plan for an ultimate minimum
density target of not less than 50 residents and jobs combined per hectare. The
applicant has not provided any information on how this will be achieved.
There is a commercial component to this application, a restaurant (310 m2), a coffee
shop (320 m2), and bank (610m2) and an ancillary commercial building (1170 m2).
There is no specific use for the ancillary commercial building. The Growth Plan states
that major retail uses are considered non-employment uses, and thus not permitted on
employment lands. Further discussion is required on the commercial component of this
application.
803
REPORT NO.: PSD-096-08
PAGE 4
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the land "Employment Areas". Lands
designated Employment Areas permit the manufacturing, assembly and processing of
goods, services industries, research and development facilities, warehousing, business
parks, limited personal service uses, hotels, storage of goods and materials, retail
warehouses, freight transfer and transportation facilities. The goal of Employment
Areas is to increase job opportunities in the Region.
5.2 Clarinaton Official Plan
The Clarington Official Plan designates the land "Prestige Employment Area" and
"Environmental Protection Area".
The Prestige Employment policies allow for professional, corporate and office buildings,
data processing centres, research and development facilities, commercial or technical
schools, and light industrial uses within enclosed buildings. Provided they are limited in
scale, certain commercial, community or recreational uses, including banks,
restaurants, athletic clubs, banquet facilities and fraternal organizations are permitted.
Additionally hotels and trade and convention centres may be permitted by site specific
zoning amendment. Office development shall not exceed a floor space index of 1.0 to
protect Central Areas. Further discussion on the "ancillary commercial building" will be
required to determine conformity.
The site has frontage on Baseline Road, which is designated a Type 'A' Arterial Road
and on Green Road which is a local road. New access to a Type 'A' Arterial Road is
limited to one every 200 metres within urban areas. The applicant is proposing a new
access to Baseline Road. There is also a proposed access to the site from Green
Road.
The Environmental Protection Area is associated with the Darlington Creek and its
valley which bisects the property. An Environmental Impact Study is required.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 as amended, zones the subject land "Agricultural (A)" and
"Environmental Protection (EP)". The applicant has applied to rezone the "A" portion of
the lands to permit the development of a prestige employment area containing
approximately 4,585 m2 of industrial floor area, a restaurant, a coffee shop, a bank, a
1,170 m2 ancillary commercial building, and a 5 storey, 100 room, hotel with a
conference centre.
804
REPORT NO.: PSD-096-08
PAGE 5
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Prestiqe Employment Rezoninq Justification Report
This report concludes that the application is in conformity with the Provincial Policy
Statements, the Growth Plan, the Regional Official Plan and the Clarington Official Plan.
Both Official Plans designate the lands "Employment Areas" and "Prestige Employment
Area" respectively. Staff would concur that the industrial component of the application
would conform.
However, the report does not justify or explain the inclusion of the large commercial
component of this rezoning application. Although the Clarington Official Plan Prestige
Employment Area designation does permit limited retail uses such as banks and
restaurants, they are only permitted on a limited scale and to provide services to
employees of an Employment Area. The report does not indicate what uses are
contemplated for the commercial building beyond the restaurant, coffee shop and bank,
and how the uses would serve the industrial area in conformity with the Official Plan
policies.
7.2 Community Impact Analysis
This report analyzed the impact of converting the lands on the east side of the
Darlington Creek from agricultural lands to prestige employment lands. As such, the
report should include a review of the physical changes required to modify the property
for its proposed use, noise, traffic volumes, impact on adjacent roads including
necessary upgrades (rural to urban standards, turning lanes etc), and the ability of the
Municipality to absorb additional retail floor space. The report contains none of the
above information. It does detail the impact of the absorption of the employment lands
and finds it to be negligible as the site is only 8.8 ha and the proposal only seeks to
develop approximately 60% of the site or about 5 ha of land. Further work by the
applicant is required on this Community Impact Analysis.
7.3 Detailed Servicinq Report
A Detailed Servicing Report was completed by D.G. Biddle & Associates Limited in
June 2008. The report addresses sanitary sewers, water distribution, storm drainage
and the road network in conceptual form. The site contains a portion of a drumlin which
splits the property's drainage 1/3 to the east to the Westside Creek and the remainder
to the west to the Darlington Creek.
The report proposes to bring sanitary service to the east side of the property from Green
Road, by crossing municipal property known as the Bowmanville Community Park. This
concept has not been reviewed in detail or endorsed by the Municipality of Clarington at
this time.
Water service will be from existing watermains located on Baseline Road at Green
Road, which were installed with the Baseline Road re-construction. These existing
watermains will be extended southward along Green Road to service the subject site.
805
REPORT NO.: PSD-096-08
PAGE 6
Stormwater drainage will be accommodated through the site grading and the installation
of paved parking areas, paved roadways and a below grade storm sewer network.
Ultimately, there will be an outlet to Darlington Creek.
Although the report addressed sanitary service, water service and stormwater drainage
for additional lands owned by the applicant to the west of Darlington Creek, the lands
are not part of this application. The report proposes a berm to be constructed across
the Darlington Creek for the purpose of running services to service possible future
development on the west side of the Darlington Creek, inside the urban area boundary.
At this time those lands are designated Environmental Protection Area in their entirety,
so Staff do not endorse the future servicing of those lands as part of this application.
7.4 Traffic Studv. Javar Consultants Inc.. June 17. 2008
The Traffic Study concludes that up to two accesses may be accommodated on
Baseline Road. However, it also correctly refers to the Official Plan policy, which
permits one private access every 200 metres of road for a Type "A" Arterial Road.
Currently the site has approximately 45 metres of frontage on Baseline Road, not within
the existing Environmental Protection Zone surrounding Darlington Creek. Given the
entrance to the residence at 974 Baseline Road immediately adjacent to this property,
and the Environmental Impact Study pending to determine the actual limits of the "EP"
zone, any entrance from the subject site to Baseline Road will require further review by
the Municipality of Clarington.
The Study refers to a "concept plan" submitted by Commercial Focus Advisory Services
which was used as a comparison for the actual rezoning application submitted to the
Municipality. A copy of the "concept plan" is not included in the Traffic Study.
Staff have several concerns with the Traffic Study, including the basis of the zoning
rights used in the study.
Clarington Engineering Services requested a review of the Traffic Study by Totten Sims
Hubicki. Their review concluded that it appears the basic assumptions in the study are
correct, but further work is needed to ensure that number and location of site access
driveways is appropriate on Baseline Road and Green Road, that adequate site lines at
the proposed accesses will provide safe sight distances for turns to and from the site,
and whether access limitations are required, such as right in, right out limitations. The
further work required would be appropriate at the site plan approval stage when more
information is available about the design and operation of the site is known.
7.5 Phase 1 Site Assessment. Construction Controllnc.. 2006
A Phase 1 Site Assessment was conducted in June 2006 by Construction Control Inc.
and was submitted as part of the application package. The purpose of the Phase 1
was to determine the potential for contamination at the subject site which could pose a
hazard to users of the site or the surrounding environment. The Phase 1 Site
Assessment consisted of a historical review of the past uses of the site and adjacent
806
REPORT NO.: PSD-096-08
PAGE 7
lands, and a visual inspection of the site for visual or olfactory evidence of
contamination.
The Assessment determined the site previously contained a farm building, which has
been demolished. It appears some rubble may have been left at the site, but it is
anticipated to be minimal and should pose no significant adverse effect. The
surrounding lands appear to have been used for agricultural and/or rural residential
purposes. There was no visible indications of chemical spillage, contamination, or of
below ground fuel storage tanks.
At the writing of the report in 2006, it is noted a response from the Ontario Ministry of
the Environment (MOE) had not been received. The request for the information was
included in the documentation, but no response from the Ministry. Staff have requested
this further information from the applicant.
7.6 StaQe 1-3 Archaeolooical Assessment
An archaeological assessment was carried out by Archaeological Assessments Ltd. in
July 2008. The study comprised three stages. Stage 1 reviewed existing data for other
previous artifact finds within a 2 kilometre radius, reviewed all published and
unpublished known reports and reviewed the Archaeological Sites Database of the
Ontario Ministry of Culture. This site does not contain any previously registered
archaeological sites.
Stage 2 was a field assessment conducted on June 12, 2008. The property was test-
pitted at 5 metre intervals by shovel. Two areas of disturbance were noted and are
attributed to the existence of a former laneway and the existence of a former barn.
An artifact was discovered and has been registered as the Hedley site (AIGq-89). The
site is located in the north eastern portion of the property. A single Onondaga chert
biface thinning flake was recovered from a test pit at this location.
A Stage 3 excavation was then carried out at the site on June 23, 2008, which entailed
the excavation of six, one metre deep test pits at 5 metre intervals. No further artifacts
were discovered and the chipped stone is attributed to an isolated findspot or a
temporary camp occupied by a single person or small group of people. This find does
not represent a significant archaeological resource. It was recommended that no further
investigations be carried out at this site.
7.7 Environmental Impact Study
The applicant submitted a Terms of Reference, as required by the Municipality, resulting
from preconsultation meetings. However, the Terms of Reference required work by the
Municipality prior to forwarding it to Central Lake Ontario Conservation Authority for
review, and then to a consultant for a proposal submission. The Environmental Impact
Study will be undertaken by Aquafor Beech. This Study will commence this fall and will
focus on the following features: a warm water stream, a significant valley land and a
wetland.
807
REPORT NO.: PSD-096-08
PAGE 8
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 two (2) public meeting notice signs were installed on the property along the Green
Road and Baseline Road frontages.
8.2 A number of inquiries have been received regarding this application. The inquiries have
been regarding the size of the land parcel, the precise location of the subject property,
the proximity of the subject property to the urban area boundary, impact on property
values, what buffers are proposed for the industrial development and could the
industrial component of the site be located to the south and the commercial component
front on Baseline Road.
8.3 There has been one objection to the application. The neighbouring property owner is
objecting due to the negative impacts on his property. The proposed 5-storey hotel will
block the view to the south, and the proposed entrance on Baseline Road will create a
traffic hazard. The property owner states that speed is already a concern on Baseline
Road entering Bowmanville and there will be no clear view to the east from the
proposed entrance.
8.4 There has also been one concern raised regarding the mailing addresses for
correspondence from the Municipality. Staff have taken steps to have the mailing
addresses updated. The Municipality uses the most current assessment information
available to generate the mailing list for new applications.
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from Central Lake Ontario
Conservation Authority, Hydro One Networks Inc., Rogers Communications, Enbridge
Gas and Bell Canada. These comments have been forwarded to the applicant for
review.
9.2 There were no objections from Hydro One Networks Inc., Rogers Communications, and
Enbridge Gas. Bell Canada also had no objection, but did provide conditions for future
site plan applications on the site.
9.3 Central Lake Ontario Conservation Authority reviewed the application and advises that
a portion of the property contains a wetland, identified through the Ecological Land
Classification System. The EIS to be conducted by the Municipality of Clarington
includes identifying any potential impacts to this feature.
There are also hazard lands on the property in association with the flood plain of the
Darlington Creek. Based on the drawings submitted by the applicant's engineer, the
hazard lands would be defined as a 6 metre setback from the existing stable top of
bank. However, there is potential for a greater setback to be defined through the EIS as
there is a wetland feature associated with the creek and valley system.
808
REPORT NO.: PSD-096-08
PAGE 9
CLOC staff find that conceptually there is possibility for portions of this property to be
developed; however, they do not support this application at this time. Until such time as
the EIS has been completed, and thus the development fully assessed and an area to
be rezoned delineated, positive comments cannot be provided.
9.4 Clarington Engineering Services have reviewed the application and the following is a
summary of their comments:
1) Green Road has recently been asphalt overlaid to a temporary rural standard
and Baseline Road fronting the subject parcel has been reconstructed largely to
a rural standard. Thus, actual development of the subject lands is premature
until such time as the surrounding road network has been reconstructed to a full
urban standard including curbs, sidewalks, illumination, storm sewers etc. in a
manner that can support urban development and that is satisfactory to the
Director of Engineering Services. No development can proceed until the
Municipality has approved the expenditure of the funds for the reconstruction of
Green Road south of Baseline Road. These works are not in the current budget
forecast.
2) The applicant has submitted a Detailed Servicing Report in support of this
application. The Report indicates that a new trunk sanitary sewer must be
constructed on lands owned by the Corporation of the Municipality of Clarington.
These lands are located on the east side of Green Road. Staff are not aware of
any discussion regarding the proposed sanitary sewer easement on the
recreational facility. The suitability of this aspect of the servicing scheme will be
subject to further review and discussion.
3) Baseline Road is a Type "A" Arterial and a minimum road allowance width of 36.0
metres is required. The existing road allowance fronting the subject lands is
irregular and deficient in width. Thus a road widening, to accommodate the
ultimate width, horizontal alignment and vertical alignment of Baseline Road must
be dedicated to the Municipality.
4) All plans show a berm to be constructed across Darlington Creek with a 2000
mm culvert through the berm. The purpose of this berm is unclear and the
suitability of its construction will be subject to further discussion and the EIS.
9.5 Durham Region Planning Department has no objections to this application and offers
the following comments: Portions of the site are identified within areas of "Key Natural
Heritage and Hydrological Features". Development is not permitted within these
"Features" and the Regional Plan indicates that a vegetative protection buffer zone shall
be determined through an environmental impact study (EIS). The EIS shall be
conducted to identify potential impacts and mitigating measures. The Justification
Report submitted in support of the application indicated appropriate buffers were
delineated but did not provide further detail.
The Region found that the application generally met the PPS, providing the EIS
provides protection for the natural features and their ecological functions. The PPS also
contains policy direction on employment areas, including the protection and
preservation of employment lands for future employment uses.
809
REPORT NO.: PSD-096-08
PAGE 10
The Region states that the subject lands are within the "Designated Greenfield Area" of
the Growth Plan. The Growth Plan includes a minimum density target of not less than
50 residents and jobs combined per hectare, to be measured over the entire
"Designated Greenfield Area". The intensification targets for the Municipality of
Clarington will be determined through the Growth Plan Implementation Study, which is
underway to bring the Regional Official Plan into conformity with the Growth Plan.
The Region notes the applicant is proposing an access to Baseline Road, a Type "A"
Arterial. This proposed access does not conform to the minimum access requirements
stipulated within the Regional Official Plan. However, if the applicant conducts a
specific study which demonstrates why the Region's access provisions are impractical
in this instance, the Region may permit a deviation and allow the access.
9.6 The Regional Works Department will require the developer to extend a 300 mm
watermain on Green Road from Baseline Road to the south limit of the subject site. The
existing sanitary sewers are presently located on Baseline Road, approximately 350
metres east of Green Road. The developer will be required to acquire a minimum 9.0
metre easement cutting across the Municipality of Clarington's park lands and install
minimum size 200 mm sanitary sewer, from the existing sanitary sewer on Baseline
Road, through the easement to Green Road. All costs shall be borne by the developer.
The Region shall not approve the servicing of the subject lands until written
confirmation/approval from the Municipality of Clarington is received regarding the
servicing scheme and applicable easement documents.
All comments received to date have been forwarded to the Owner/Applicant for review
and discussion.
10.0 STAFF COMMENTS
10.1 The apJ)licant has requested to develop approximately 4,585 m2 of industrial floor area,
2410 m2 of commercial floor area, consisting of a restaurant, a coffee shop, a bank, and
an ancillary commercial building, and approximately 2390 m2 in a 5 storey, 100-room
hotel with a conference centre.
10.2 The commercial component of this application specifically consists of the following:
Coffee Sho
Restaurant
Free Standin Bank
Ancilla Commercial Buildin
The Clarington Official Plan permits some commercial uses in Prestige Employment
Areas, provided they are limited in scale and provide services to employees of the
Employment Area. Staff find the concept of a coffee shop, restaurant and free standing
bank to be in conformity with the Official Plan.
810
REPORT NO.: PSD-096-08
PAGE 11
It is not clear how the ancillary commercial building conforms to the Official Plan. The
sale of goods manufactured or assembled on the premises of an industrial building is
permitted provided it does not exceed 20% of the total gross building area. This
building does not appear to contain any industrial uses, and by its location, is part of the
commercial area of the site. This will need to be reviewed further with the applicant.
10.3 The steep slopes on the site make parts of it very difficult to develop for industrial
purposes. The concept plan as proposed may have to be revised considerably as these
issues are reviewed in more detail.
11.0 RECOMMENDATION
11.1 In consideration of the issues raised and the agency comments not received at the
writing of this report, and that the purpose of this meeting is to fulfill the Planning Act
requirements for a Public Meeting, it is recommended that the application continued to
be reviewed by staff.
Attachments:
Attachment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Commercial Focus Advisory Services Inc.
896443 Ontario Limited
Bill Colville
Laurel McRoberts
John Colville
Hazel Forsey
Patricia MacDonald
Elizabeth and Maurice Courneyea
811
Attacnment 1
To Report PSD-096-08
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CI![iggton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, October 6, 2008
Report #: PSD-097-08
File No's: A2008-0027, A2008-0028
A2008-0029
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF SEPTEMBER 18, 2008
RECqMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-097-08 be received;
2. THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on September 18, 2008 for application A2008-
0028 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; and,
3. THAT Council concurs with the decisions of the Committee of Adjustment made on
September 18, 2008 for applications A2008-0027 and A2008-0029 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
Submitted by:
D id Creme, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: ()~ ~
Franklin Wu,
Chief Administrative Officer
MKlCP/sh
September 26, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
813
REPORT NO.: PSD-097-08
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.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
SEPTEMBER 18, 2008
A2008-0027
A2008-0028
Approve
Deny
Approved
Approved with conditions
A2008-0029
Approve with
conditions
Approved with conditions
1.2 Application A2008-0028 was filed to permit the construction of an attached carport by
reducing the minimum required easterly interior side yard setback from 6 metres to 0.6
metres.
Staff recommended denial of this application as the proposed variance was not
considered to meet the intent of the Zoning By-law, be minor in nature or desirable. The
staff report detailed how these three (3) tests were not being satisfied.
The Committee considered Staffs opinion and decided to approve the application for a
carport with a reduced interior side yard setback of 0.6 metres subject to the condition
that all the unobstructed sides of the carport, as indicated on the submitted drawings,
would remain unobstructed and that the applicant shall receive Regional Health
Department approval prior to construction.
In forming their decision the Committee noted the subject property currently has alarge
amount of mature vegetation along Prince Rupert Drive, and the proposed location of
the carport is not visible from the road due to this vegetation. There also exists a mature
hedge row, on the neighbouring property, along the shared property line providing a
natural screening. The carport will therefore not be seen from the neighbouring property
to the east, or from the road. It was also noted by Committee that the existing
neighbouring dwelling to the east is set back considerably from the subject
dwelling/proposed carport, and a hydro easement located in the rear of the
neighbouring property would limit the possibility for future development in their rear
yard. Therefore the same amount of privacy which currently exists between
neighbouring properties will continue to be maintained if the proposed carport was
approved. The Committee also received three (3) separate letters from three (3)
separate neighbours along Prince Rupert Drive in support of the application (including
the adjacent neighbour to the east).
814
REPORT NO.: PSD-097-08
PAGE 3
In reviewing the Committee's decision, the Engineering Services Department advised
that there shall be no significant drainage issues due to the construction of the carport
as the applicant is still required to comply with the Site Alteration By-law No. 2008-114
during construction.
Although the Committee of Adjustment decision is contrary to Staffs recommendation,
in consideration of support from the neighbourhood and existing conditions an appeal of
this decision is deemed not to 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.
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2008-0027 and A2008-0029, are in conformity with both Official Plan policies,
consistent with the intent of the Zoning By-law, are minor in nature and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2008-0027 and A2008-0029, is required in order to afford Staff official
status before the Ontario Municipal Board in the event of an appeal of any decision of
the Committee of Adjustment.
2.3 Although Staff was not in favour of the approved easterly interior side yard setback of
0.6 metres, after further discussion with Building and Engineering Services, the
consensus between Staff was that since the approved 0.6 easterly interior side yard
setback will not create significant building issues or significant drainage issues (the
applicant is required to comply with the Site Alteration By-law 2008-114) and there is
strong neighbourhood support, it would not be the best use of staff resources to appeal
the decision. Therefore, Staff believes an appeal by the Municipality for the decision
made by the Committee of Adjustment on September 18, 2008 for application A2008-
0028 is not warranted.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
815
Cl. U
L~!J!!l]glO
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
GANARASKA REGION CONSERVATION
BRUCE KIDD
PROPERTY LOCATION: 4682 MCMILLAN ROAD, CLARKE
PART LOT 5, CONCESSION 9
FORMER TOWN(SHIP) OF CLARKE
FILE NO.: A2008-0027
PURPOSE:
TO PERMIT SEVERANCE OF A 3.92 HECTARE PARCEL OF LAND TO BE DONATED
TO GANARASKA REGION CONSERVATION AUTHORITY BY REDUCING THE
MINIMUM REQUIRED LOT SIZE OF THE RETAINED PARCEL OF LAND FROM 40
HECTARES TO 5.48 HECTARES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE SEVERANCE OF A 3.92 HECTARE
PARCEL OF LAND TO BE DONATED TO GANARASKA REGION CONSERVATION
AUTHORITY BY REDUCING THE MINIMUM REQUIRED LOT SIZE OF THE RETAINED
PARCEL OF LAND FROM 40 HECTARES TO 5.48 HECTARES, AS IT MEETS THE INTENT
OF BOTH OFFICIAL PLANS AND ZONING BY-LAWS, IS CONSIDERED MINOR IN NATURE
AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION:
LAST DAY OF APPEAL:
September 18, 2008
October 8, 2008
816
CllJl-!lJgtDn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ABBOTT DRAFTING & DESIGN
LL YOD ALGAN
PROPERTY LOCATION:
25 PRINCE RUPERT DRIVE, DARLINGTON
PART LOT 32, CONCESSION 4
FORMER TOWN(SHIP) OF DARLINGTON
A2008-0028
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A CARPORT BY REDUCING THE MINIMUM
REQUIRED EASTERLY SIDE YARD SETBACK FROM 6 METRES TO 0.6 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A CARPORT BY
REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD SETBACK FROM 6
METRES TO 0.6 METRES, SUBJECT TO THE FOLLOWING CONDITIONS:
. THAT ALL UNOBSTRUCTED SIDES OF THE PROPOSED CARPORT AS NOTED ON
THE SUBMITTED DRAWINGS REMAIN OPEN AND UNOBSTRUCTED; AND
. THAT THE APPLICANT RECEIVES THE REGIONAL MUNICIPALITY OF DURHAM
HEALTH DEPARTMENT'S APPROVAL FOR THE PROPOSED CARPORT PRIOR TO
CONSTRUCTION
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS
CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE
NEIGHBOURHOOD
DATE OF DECISION:
LAST DAY OF APPEAL:
September 18, 2008
October 8, 2008
817
Cl~illgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
BRETT MURAKI
WALLACE MURAKI
PROPERTY LOCATION:
2672 CONCESSION RD 6, DARLINGTON
PART LOT 10, CONCESSION 6
FORMER TOWN(SHIP) OF DARLINGTON
A2008-0029
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE)
BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ALL ACCESSORY
BUILDINGS FROM 40% TO 52% OF THE EXISTING MAIN BUILDING TOTAL FLOOR
AREA TO A MAXIMUM OF 157 M2 AND BY INCREASING THE MAXIMUM PERMITTED
HEIGHT FROM 5 METRES TO 5.6 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY
BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT
COVERAGE FOR ALL ACCESSORY BUILDINGS FROM 40% TO 52% OF THE EXISTING
MAIN BUILDING TOTAL FLOOR AREA TO A MAXIMUM OF 157 M2 AND BY INCREASING
THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 5.6 METRES, SUBJECT TO
THE FOLLOWING CONDITIONS:
. THAT NO ADDITIONAL ENTRANCE BE PERMITTED ONTO THE SUBJECT
PROPERTY FROM EITHER ROAD FRONTAGE; AND
. THAT THE PROPOSED DETACHED GARAGE DOES NOT EXCEED 157 M21N SIZE
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS
CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE
NEIGHBOURHOOD.
DATE OF DECISION: September 18,2008
LAST DAY OF APPEAL: October 8,2008
B18
Cl~ilJ-glOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 6, 2008
Report #: PSD-098-08
File #: ZBA 2006-0018
By-law #:
Subject:
REZONING TO PERMIT AN INDOOR GOLF DRIVING RANGE AND CLUB
HOUSE AS PERMITTED USES AT 2735 HANCOCK ROAD, COURTICE
APPLICANT: GERTRUD TOMINA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-098-08 be received;
2. THAT the application for Zoning By-law amendment submitted by Gertrud Tomina be
APPROVED as contained in Attachment 2;
3. THAT the Holding symbol (H) be removed at such time as the owner has entered into a
site plan agreement with the Municipality; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David J. Creme, MCIP, R.P.P.
Director of Planning Services
Reviewed bY~=-~
Franklin Wu,
Chief Administrative Officer
LB/COS/sh
September 30, 2008 .
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AG T (905)623-3379 F (905)623-0830
819
REPORT NO.: PSD-098-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Owner:
Gertrud Tomina
1.2 Proposal:
To rezone the subject property from the "Agricultural
Exception (A-76)" zone to an appropriate zone to permit an
indoor golf driving range (Golf Dome) and club house facility
and to give permanent zoning to the existing golf driving range
1.3 Area:
9.036 ha
1.4 Location:
2735 Hancock Road, Courtice, Part Lot 26, Concession 2,
former Township of Darlington
2.0 BACKGROUND
2.1 On May 24, 2006, Ms. Gertrud Tomina submitted a rezoning application to permit the
construction of an indoor golf driving range and clUbhouse building at 2735 Hancock
Road in Courtice. There is an existing outdoor golf driving range on the property as well
as a single-detached residential dwelling. The application was deemed complete on
August 28, 2006. The Applicant has also submitted a related site plan application (SPA
2006-0014).
2.2 The golf driving range has existed on this site since 1998 when a temporary Zoning By-
law was approved for three (3) years. The temporary zoning was extended for an
additional three (3) years in 2002, and again in 2005. The current temporary zoning will
expire on October 10, 2008.
2.3 The Ministry of Transportation (MTO) indicated through Mr. Tomina's rezoning
applications in 1998, 2001 and 2003 that a permanent golf driving range would impact
the future development of the north-south connecting link between the Highways 401
and 407. At the time the Ministry recommended that the implementing Zoning By-law be
a temporary use by-law and the owner enter into an agreement with the MTO describing
the driving range as an interim use. The current MTO position will be discussed in
Section 9 of this report.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 Located on the northeast corner of Hancock Road and Highway 2, the lands are
currently occupied by a single-detached residential dwelling and an outdoor golf driving
range facility (see following map). A significant portion of land on the east side of the
site (approximately 3.65 hectares according to the Ministry of Transportation) contains
land identified as the "Previously Technically Preferred Route" for a Highway 407 to
Highway 401 link interchange. There is also a telecommunications tower on the site just
to the west of the "Previously Technically Preferred Route." There is also a significant
woodlot on the northeast corner of the property.
820
REPORT NO.: PSD-098-08
PAGE 4
4.3 The PPS indicates that development and site alteration shall not be permitted in
significant wetlands and significant woodlands, or among other natural features. In
addition, development and site alteration is not permitted unless the ecological function
of the "adjacent lands" has been evaluated and there are no negative impacts.
4.4 An Environmental Impact Study (EIS) has been undertaken to assess this current
proposal in relation to the natural heritage features and functions that have been
identified on and adjacent to this site. This EIS has determined, that with the installation
of appropriately sized buffers, and permanent water quality treatment, the proposed
Golf Dome and club house facility, or continued use of the site for a driving range will
not negatively impact the surrounding natural heritage features and functions.
4.5 Greenbelt Plan
The property is located within the Protected Countryside and is therefore subject to a
number of rural area policies set out in the Greenbelt Plan. Specifically, the proposal is
considered to be a major recreational use as defined in the Plan. A major recreational
use is one that normally requires large-scale modification of terrain, vegetation or both
and usually also requires large-scale buildings or structures.
Non-agricultural recreational uses are permitted in the Greenbelt provided they are not
located in a Prime Agricultural Area as defined in the Clarington Official Plan. Proposed
non-agricultural uses must demonstrate that the use is appropriate in the rural area, that
proposed water and sewer servicing is appropriate, that no negative impacts on key
natural heritage features or hydrologic features are generated by the use, and that the
biodiversity and connectivity of the Natural Heritage System is not disturbed.
4.6 The current proposal has met the tests set by the Greenbelt Plan. The extension of
municipal services will not be required. The proponent has demonstrated that the site
has sufficient land to accommodate the septic system. The hydrogeologic component of
the EIS has determined that the groundwater is adequate in order to accommodate the
use without negatively impacting the surrounding uses.
4.7 Provincial Growth Plan
This proposal is not required to conform to the Growth Plan for the Greater Golden
Horseshoe because the application was made prior to the Plan coming into effect on
June 16, 2006.
5.0 OFFICIAL PLANS
5.1 Durham ReQional Official Plan
The Durham Regional Official Plan was recently updated through Amendment #114
however this application predates this Plan and is therefore subject to the policies of the
Official Plan that was in place at the time the application was made.
822
REPORT NO.: PSD-098-08
PAGE 5
The previous Durham Regional Official Plan designated the lands as "Major Open
Space." Recreational activities are permitted in these areas as long as every effort is
made to preserve ecological features including groundwater resources, habitats for
plants, fish and wildlife, flood and erosion control, and scenic and recreational values.
The ecological integrity of the area will not be impacted by this development.
5.2 Clarinqton Official Plan
The Clarington Official Plan designates the lands at Hancock Road and Highway 2 in
Courtice as "Green Space." Lands designated as such are to be used primarily for
conservation and active or passive recreational uses. This proposal is considered to be
an active recreational use provided that the nature and extent of the uses proposed in
the "club house" are recreational in nature.
An Environmental Impact Study was required as the property is located on the "Lake
Iroquois Beach". As well, the property contains a portion of the Maple Grove Provincially
Significant Wetland Complex. It is also located within the natural heritage system of the
Greenbelt.
The Environmental Impact Study is complete and has determined that the proposed
development will not negatively impact the natural heritage features identified on or
adjacent to the site if the proposed mitigation measures and recommendations are
implemented. To address this, the features (wetland and watercourse) and their buffers
have been incorporated in to the area to be zoned Environmental Protection and the
permanent water quality treatment will be incorporated into the site plan agreement and
installed during construction.
6.0 ZONING BY-LAW
6.1 The subject lands are currently zoned Agricultural Exception (A-76), which is a
temporary use by-law which limits the use of this property to one residential dwelling
and an outdoor golf driving range facility. There have been three consecutive temporary
use by-laws applied to this site since 1998 (A -54 expired Sept 2001; A-67 expired April
2005). The current temporary use by-law A-78 expires on October 10, 2008.
The proposal to build an indoor golf driving range (golf dome) and club house building
has resulted in this rezoning application. Through this application the proponent also
wishes to include the outdoor golf driving range as a permitted (not temporary) use on
the property. The outdoor driving range will cease to operate once the golf dome is built.
7.0 PUBLIC NOTICE AND SUBMISSIONS
7.1 A public meeting was held Monday October 2, 2006 to present the proposal to the
public.
823
REPORT NO.: PSD-098-08
PAGE 6
7.2 Notice was given by mail to each landowner within 120 metres of the subject site and a
public meeting notice sign was installed on the property. Public Notice was also posted
on the Municipal website, and on the information screens in the main lobby of the
Municipal Administrative Centre, running from September 2, 2005 to October 4, 2005.
7.3 No inquiries were received on this application prior to the public meeting. One
submission was made subsequently. The submission was made by Marion Weber and
Donald, John, and Carol Muir. Their submission was concerned that this proposal was
premature. The reasons cited included:
. Lack of storm sewers and fire hydrants
. It was a year round building
. Access from Hancock is inadequate, and
. The use is better suited to already serviced areas with existing recreational
facilities.
8.0 AGENCY COMMENTS
8.1 Ministry of Transportation
At the fourth round of public consultation for the Highway 407/East Link project in June
& July of this year MTO presented further refinements to the Technically Recommended
Route (TRR) to the public. The East Link alignment has been shifted slightly to the west
in the area of the Tomina lands to avoid a sensitive wetland area further north. In
addition, a transit-way station is now being proposed in the NW quadrant of the East
Link & Highway 2 interchange. These refinements have now rendered the Tomina's
lands completely impacted and the Ministry will be pursuing a complete buyout.
Previously MTO was only pursuing a purchase of a portion of the property.
The MTO has clearly advised that proceeding with any form of permanent development
on this site is not without risk. The MTO has indicated they have informed the Tominas
of these design changes and of the risks of proceeding with such a development.
However, the MTO also understands that until the 407 East EA approvals are in place,
development proposals such as this, may be approved. MTO wanted the Municipality to
be aware of their process and timelines in order to ensure that planning decisions can
be made appropriately.
824
REPORT NO.: PSD-098-08
PAGE 8
8.5 Reqion of Durham Health Department
Regional Health is satisfied with the details of the sewage disposal system.
8.6 Reqion of Durham Works Department
Region of Durham Works Department has acknowledged the work that MTO is
undertaking in this area for the Highway 407 link. They have requested that if the site
plan process is to proceed, there would like a dedicated site triangle at Highway 2 and
Hancock Road.
9.0 STAFF COMMENTS
9.1 The concerns that have been noted by the commenting agencies are all associated with
details that are normally addressed through the site plan process. None of the
commenting agencies have raised concerns with the proposed land use.
9.2 The majority of the issues regarding the subject property throughout the years have
been associated with the Ministry of Transportation and their land needs for the
Highway 407 link to Highway 2. MTO has recently made it clear to staff that they can
only advise of their position regarding a development proposal if the Environmental
Assessment is not complete and the Technically Preferred Route has not been
solidified. They do not object to the proposal and they have advised us and the
applicant about their process and the risks associated with proceeding with this
development.
9.3 An Environmental Impact Study (EIS) has been completed for the property and it has
been determined that this proposal will not negatively impact the Provincially Significant
Maple Grove Wetland complex, the Tooley Greek or the Lake Iroquois Beach Shoreline.
Buffers to the wetland and the watercourse have been recommended in the EIS and are
proposed to be zoned Environmental Protection.
9.4 The existing golf driving range is providing a recreational opportunity for not only
Gourtice, but also other Glarington residents. The next closest driving range is in
Oshawa. With respect to the proposed indoor driving range, a facility such as this does
not exist in the Durham Region; the next closest facility is in Scarborough. Our growing
population will demand an expanded range of all season sporting opportunities.
9.5 The proposed indoor driving range, if constructed, is not a significant obstacle to the
proposed Highway 407 link. The development of the indoor golf driving range requires
minimal site grading and/excavation and the dome itself does not have a traditional
block or poured foundation that will require large scale demolition. The site can easily
be restored to its existing state.
9.6 The proponent has completed the necessary steps to address the technical
requirements of various agencies at this stage.
9.7 Although the Ministry of Transportation has indicated that developing this site is not
without risk, until the EA is completed, the route cannot be protected. The applicant has
826
~
REPORT NO.: PSD-098-08 PAGE 9
demonstrated that this use is appropriate for this location, save and except for MTD's
future plans. Not to further process this application would expose the Municipality to a
potential appeal.
9.8 The Finance Department advises that taxes have been paid in full.
10.0 CONCLUSIONS
10.1 Based on the comments contained in this report, staff do not object to the approval of
the rezoning application.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law
List of interested parties to be advised of Council's decision:
Marion Weber
John and Carol Muir
Donald Muir
Gertrud Tomina
827
Attachment 1
To Report PSD-098-08
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828
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Attachment 2
To Report PSD-098-08
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 Murlicipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2006-018 to permit the development of a golf driving range, an indoor
golf driving range and a club house facility in addition to the existing residential uses.
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby
amended by adding thereto the following new Special Exception 6.4.83 as follows:
2. "6.4.83 AGRICULTURAL EXCEPTION (A-83) ZONE
Notwithstanding Sections 3.11, 6.1 (b) and 6.3, those lands zoned "A-83" on the
attached Schedule to this By-law, in addition to the permitted residential uses,
shall be used in accordance with this By-law and the following zone definitions and
regulations.
a) Definitions
i. Golf Driving Range:
Shall mean an outdoor facility operated
for the purpose of developing golfing
techniques, including miniature golf, but
excluding golf courses.
ii. Indoor Golf Driving Range: Shall mean an enclosed facility operated
for the purpose of developing golfing
techniques but excludes golf courses.
iii. Club House Facility:
Shall mean facility accessory to a golf
driving range or an indoor golf driving
range which may include uses such as a
golf pro-shop, snack-bar/canteen, and
lounge/ recreation area.
b) Permitted Non-Residential Uses
i. Permitted non-residential uses within the A-83 zone are a golf
driving range, an indoor golf driving range, conservation and
forestry.
ii. Only a golf driving range, conservation and forestry are permitted
prior to the removal of the (H) Holding symbol.
c) Regulations for Non-Residential Uses
i. lot Area (minimum)
ii. lot Frontage (minimum)
iii. Yard Requirements
a. Front Yard (minimum)
i. Building less than 30m'
ii. All other buildings
ili. Club House Facility
8.5 ha
165 metres
5 metres
30 metres
30 metres
b. Interior Side Yard (minimum)
c. Exterior Site Yard (minimum)
d. Rear Yard (minimum
30 metres
30 metres
30 metres
829
iv. Lot Coverage (maximum)
15%
v. Landscaped Open Space (minimum)
10%
vi. Building Height (maximum)
19m
vii. Total Floor Area (maximum)
a. Indoor Golf Driving Range
b. Club House Facility accessory to Indoor
Golf Driving Range
c. Club House Facility accessory to Golf Driving Range
6100m2
410m2
40m2"
2 Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Agricultural Exception (A-76) Zone" to
"Holdin9 (H) Agricultural Exception (A-83) Zone" as illustrated on the attached
Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of 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
830
This is Schedule nAn to By-law 2008- ,
passed this day of , 2008 A.D.
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Zoning Change From "A-76"-To "(H)A-83"
m Zoning Change From "A-76" To "Ep.
Jim Abernethy, Moyor
J
Patti l. Barrie, Municipal Clerk
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DARLINGTON
ZBA 2006-0018
831
Clw:mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 6, 2008
Report #: PSD-099-08
File #: ZBA 2008-0004
By-law #:
Subject:
MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING
BY-LAW 84-63 REGARDING RECREATIONAL VEHICLE PARKING AND
ACCESSORY BUILDINGS AND STRUCTURES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-099-08 be received;
2. 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;
3. THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction Areas
continue to be reviewed and an additional public meeting be scheduled; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
ReViewedbYO ~~
Franklin Wu,
Chief Administrative Officer
TW/CP/df/av
1 October 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-099-08
PAGE 2
1.0 BACKGROUND
1.1 On September 24, 2007, Council adopted a Resolution #C-488-07 directing staff to
proceed with a Zoning By-law amendment allowing recreation vehicles to be parked
within a garage; restrict the size and number of the recreational vehicles parked and/or
stored on a residential property; and to provide limited timeframes for vehicles that are
larger than a proposed size to be parked on a residential property.
1.2 The direction to regulate recreational vehicles was a result of resident complaints
regarding the parking of recreational vehicles on private residential properties. Through
the Clerk's Department investigation, it was determined that the most effective way to
regulate recreational vehicle parking was by amending the Zoning By-law.
1.3 .I.n addition to providing regulations for recreational vehicles and trailers, this amendment
proposes a number of other changes to the Zoning By-law as follows:
. Modifications to regulations for Accessory Buildings and Structures and Uses based
on current trends in minor variance applications and changes brought forward by
other local municipalities.
. A modification to the definition of cartage or transport depot is also contemplated.
1.4 The proposed by-law contains the following key changes from the draft by-law
presented in June.
Recreational Vehicles:
. The timeframe for parking of larger recreational vehicles in the driveway has been
increased from 72 to 120 hours (3 to 5 days).
. The number of recreational vehicles permitted to be stored in rural areas has been
increased from 2 to 3.
. A definition for "commercial" recreational vehicle storage has been added for future
use in considering applications.
Accessorv DwellinQs:
. The maximum floor area for accessory dwellings permitted in the rural area has
been increased to 120 square metres for lots larger than 2 ha (5 acres).
. Shipping/cargo containers have been defined in a manner to prevent them from
being used as accessory structures.
2.0 PUBLIC SUBMISSIONS
2.1 Staff hosted a public information centre on June 12, 2008 to get feedback on the
proposed Zoning By-law Amendment. The primary concerns noted by the public with
the proposed modifications were:
. Ensuring that existing trailers and recreational vehicles would be allowed to continue
to be parked and stored on a property through grandfathering.
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REPORT NO.: PSD-099-08
PAGE 3
. That 72 hours in anyone month was not long enough to park oversized recreational
vehicles on residential properties to prepare for and return from a trip.
. A suggestion was provided to allow for storage behind the front wall of a dwelling.
This would permit storage of recreational vehicles on larger lots and corner lots in
urban residential areas.
. It was suggested that a maximum of three recreational vehicles or trailers be
permitted to be parked or stored in the open in a rural residential or agricultural
zone.
2.2 A statutory public meeting was held on June 16, 2008. Two residents appeared
regarding the draft proposal.
One resident discussed the costs associated with legalizing outdoor storage facilities.
The other resident was in favour of the proposal.
2.3 Numerous general inquiries were received from the public. One gentleman indicated
that he was happy with the proposed regulations for parking recreational vehicles in a
driveway as his neighbour's motor home extends over the boulevard. Another
gentleman suggested larger recreational vehicles and trailers be permitted in a driveway
for one week per month rather than the proposed 72 hours.
Many recreational vehicle owners called with concerns about being able to continue to
park or store the vehicles on their property if a by-law is passed restricting them from
doing so. These individuals were advised that if a by-law is passed and they can prove
that they had used there property to park and/or store a recreational vehicle or trailer
prior to the passing of the by-law then they will be able to continue the legal non-
conforming use, provided that it complies with all other existing municipal by-laws.
A resident had called with concerns about a neighbour who parks and repairs his
snowmobiles and ATVs on his front yard. Although there are no provisions in the
Zoning By-law to prevent such use, the resident was advised to contact By-law
Enforcement as the neighbour may be in contravention with the Property Standards By-
law.
2.4 A written submission was received in regards to a commercial storage facility for boats
and recreational vehicles. The property owner outlined his displeasure with the planning
process and associated fees involved in legitimizing his business. The property in
question is not located in an appropriate Official Plan designation or Zone category to
permit the outdoor storage use. There were also discussions on this topic during the
General Purpose and Administrative Committee meeting. This topic will be discussed
further in Section 4.
3.0 AGENCY COMMENTS
3.1 The proposed Zoning By-law Amendment was circulated to relevant agencies for
comment. All comments provided by the Central Lake Ontario Conservation Authority,
Ganaraska Region Conservation Authority, Region of Durham Planning Department,
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REPORT NO.: PSD-099-08
PAGE 4
Clarington By-law Enforcement Division and Clarington Building Division were
addressed through adjustments to the proposed modifications.
3.2 The Clarington Engineering Services Department did not initially endorse the
construction of an accessory building or structure with a setback of less than 1.2
metres. They were concerned that the reduced setback would cause difficulties for
maintenance and would lead to modification of grading and drainage.
Planning and Engineering Services staff discussed this concern and have concluded
that the proposed 0.6 metre setback is appropriate. It was determined that the Site
Alteration By-law (2008-114) requires property owners to maintain the grading and
drainage on their property in a manner that will not negatively affect adjoining
properties.
Planning Staff have agreed that all building permits for accessory buildings and
structures will be stamped to advise property owners of their responsibility to maintain
the grading and/or drainage of their property in accordance with the Site Alteration By-
law. Staff will also inform the public when they inquire about the regulations for
construction of accessory buildings and structures which may not require a building
permit.
4.0 STAFF COMMENTS
4.1 Trailer and Recreational Vehicle Parkinq in Residential Zones
4.1.1 Through the public consultation process it was suggested that residents be permitted
to park a recreational vehicle behind the front wall of a dwelling in urban residential
zones. The proposal permits parking in both the side and rear yards provided the
trailer or recreational vehicle does not exceed 6 metres in length or 2.9 metres in
height. Typically the side yard begins at the front wall of the dwelling. There is no
restriction on the size of trailers or recreational vehicle in rural areas.
4.1.2 During the review of the application at the General Purpose and Administration
Committee meeting on June 16th, it was asked if the proposal would apply to
commercial trailers. The definition of "Trailer" currently contained in Zoning By-law
84-63 is:
"Shall mean any vehicle that is designed to be drawn upon a highway by a motor
vehicle, except an implement of husbandry, another motor vehicle or any device or
apparatus not designed to transport persons or property temporarily drawn, propelled
or moved upon such highway. A trailer shall be considered a vehicle and not part of
the motor vehicle by which it is drawn, and, for the purposes of this By-law does not
include a mobile home as defined herein."
In accordance with this definition the proposed regulations would apply to commercial
trailers. However, the restriction on parking in the driveway would only apply if it is
longer than 5.5 metres or higher than 2.4 metres.
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REPORT NO.: PSD-099-08
PAGE 5
4.1.3 Through the public consultation process, some recreational vehicle owners questioned
why the Municipality was proposing to regulate parking and storage of their vehicles.
The issue has been a source of resident's complaints. As a result, Council directed the
Planning Services Department to formulate regulations to deal with recreational
vehicles on residential properties. The Zoning By-law Amendment found in
Attachment 4 tries to address the issues identified.
By-law Enforcement Services has indicated that they receive 12 to 15 complaints on
average during the summer months from residents concerned with the size and
location of recreational vehicles parked on neighbouring properties. The volume of
these complaints is greater than the number of concerns received regarding the
proposed regulations. Most recreational vehicle owners were satisfied with the
proposal once they were aware that they could continue to park existing trailers as a
legal non-conforming use, largely referred to by the public as 'grandfathering'.
4.1.4 It was also requested that the timeframe be increased for parking larger recreational
vehicles on driveways in urban residential areas. The recommended by-law has been
increased from 72 to 120 hours (3 to 5 days).
4.1.5 The number of recreational vehicles permitted to be stored in the open in rural areas
have been increased from two to three, based on public and Council's comments.
4.2 Commercial Storaqe of Recreational Vehicles and Boats
4.2.1 Although not a part of the proposed General Amendment, the topic of Commercial
Storage of Recreational Vehicles and Boats was raised through submissions,
delegations and subsequent discussions of the application at the June 16th General
Purpose and Administrative Committee meeting. Concern has been raised that there
may be nowhere for residents to store larger trailers and recreational vehicles.
It should be noted that there are six commercial storage facilities located in Clarington
that have gone through the planning process to obtain the necessary approvals.
These facilities are typically located in our General Industrial Areas and offer storage
for recreational vehicles and trailers.
4.2.2 The By-law Enforcement Division had been in contact with a number of outdoor
storage facilities advising them that their properties must be brought into compliance
with the Zoning By-law. In addition to the facilities already contacted by By-law
Enforcement, Planning Staff have examined aerial photographs and determined that
there are at least a dozen such facilities in operation without the appropriate
approvals. 10 date, the Planning Services Department has held three pre-consultation
meetings with owners of these facilities, only one of the three owners suggested they
plan to legalize their use.
In order to permit the commercial outdoor storage use, all locations currently identified
would require an Official Plan amendment, Rezoning and Site Plan approvals; some
would also require amendment to the Region of Durham Official Plan. Two locations
could not be recommended by Planning Staff as they are on lands designated Prime
Agricultural. Commercial uses unrelated to agriculture are not permitted in prime
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REPORT NO.: PSD-099-08
PAGE 6
agricultural areas in accordance with the Provincial Policy Statement and Greenbelt
Plan.
4.2.3 It has been indicated by owners of the non-compliant storage facilities that the costs
involved in establishing the use are too great. However, the process to amend the
Official Plan and Zoning By-law, and in some cases the Region of Durham Official
Plan is required. It is the cost of the Official Plan amendments that are particularly
expensive.
4.2.4 The consideration of each proposed storage facility would be different, based on the
existing Official Plan framework. The existing non-compliant uses are located in:
. Prime Agricultural Areas
. Green Space and General Agricultural Areas
. Urban Residential Areas
. Various Industrial Areas
There would be different considerations for commercial recreation vehicle storage
areas in each of these designations. Staff have had some preliminary discussions
with the Region of Durham planning staff on this matter.
If Council wants to undertake changes to the Regional and Clarington Official Plan to
enable individual rezoning applications subject to specific criteria, we require further
discussion with Regional staff. It should be clear, however, that any uses in the Prime
Agricultural Areas would not be recommended and most of these lands are governed
by the Provincial Greenbelt Plan, which does not permit this use.
4.3 Aqqreqate Extraction Areas
Following the public meeting, additional properties came to Staff's attention than had
surrendered aggregate extraction licence that no longer had the Aggregate Extraction
Area Official Plan designation. The properties were not previously identified in the
notice for the public meeting, an additional public meeting is required. Staff will
continue to process this aspect of the General Amendment.
4.4 Accessorv Buildinqs. Structures and Uses
4.4.1 The draft by-law proposed moving from regulating the size of accessory structures in
relation to the size of the house; instead it would be regulated on the basis of 10% of
the lot area for residential use up to a maximum cap.
4.4.2 During the review of the Public Meeting Report at the General Purpose and
Administration Committee meeting, concern was raised that the proposed 90 square
metre floor area maximum for accessory buildings and structures in rural residential or
agricultural zones would not be adequate.
4.4.3 Although the proposed cap on the total accessory building floor area was consistent
with the Oak Ridges Moraine Zoning By-law 2005-109, staff has considered an
increase. In order to ensure that buildings and structures maintain an 'accessory'
character in relation to a residential dwelling and lot, Staff now propose a cap of 120
square metres for rural residential or agricultural zones for lots with a minimum area of
2 hectares (4.94 acres). This regulation will apply to buildings and structures
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REPORT NO.: PSD-099-08
PAGE 7
accessory to a residential use only. Agricultural buildings continue to be regulated by
the relevant agricultural zone category provisions.
4.4.4 The previous proposal included a regulation to prevent the use of a "trailer or portable
buildings" to be used as an accessory building. The By-law Enforcement Division
suggested using the term "Shipping/Cargo Container". This terminology better reflects
the concern some residents have expressed to municipal staff.
5.0 CONCLUSIONS
5.1 In consideration of the comments contained in this report, Staff respectfully
recommends that the proposed Zoning By-law amendment contained in Attachment 4
be passed by Council and that staff continue to process the amendment in regards to
Aggregate Extraction Areas.
Attachments:
Attachment 1: Proposed Modifications dealing with recreational vehicles and trailers
Attachment 2: Proposed Modifications dealing with accessory buildings and structures
Attachment 3: Proposed Modification to cartage or transport depot definition
Attachment 4: Zoning By-law Amendment
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REPORT NO.: PSD-099-08
PAGE 8
List of Interested Parties to be notified of Council's decision:
Tim and Sandra Kerns
T. Moyer
Stephen Uriadka
Steve Burt
Bill Rapanos
Linda VanGestel
Everette DeHart
Brian Cullen & Robin Brown
Dave McCargar
Steve Bobas
Mike Bilsky
Anna Uriadka
Durga Persaud
David Wallace Barber
Mike and Melissa Girard
Shawn Deegan
Leslie Ellen Hung
Alice McKeen
Adam James Stephenson
Bryan Potter
Tom McKee
Steven Hogg
Mr. Bergsma
James Darrach
Gerald Bihun
Maurice Wicks
Ellen Cowan
Gord and Bev Cory
David and Terry Barber
Marie McRae
Lisa Robinson
Jim Vinson
Jean and EI Ward
Hugh Neill
Libby Racansky
Kerry Meydam
Elain Dillon
Dan Walker
Ron Smith
Elspeth Theriault
Geraldine Carmelo
Ray Jacula
Scott Bolger
Clayton Read
Edgar Robert Allen
839
Attachment 1
To Report PSD-099-08
PROPOSED MODIFICATIONS DEALING WITH RECREATIONAL VEHICLES
AND TRAILERS
Section 2 Definitions
Add or modify the following definitions
DRIVEWAY
Shall mean the portion of a lot extending to the streetline, designed to provide motor
vehicle access from the lot to the traveled portion of the street, private road or lane.
RECREATIONAL VEHICLE
A motorized or non-motorized vehicle that is used predominantly for recreational
purposes, including, but not limited to, mobile recreational trailers, snowmobiles, boats,
personal watercraft and all-terrain vehicles.
RECREATIONAL VEHICLE STORAGE
A commercial establishment for the storage of licensed recreational vehicles and their
trailers.
RESIDENTIAL ZONE
Shall mean an "'rllan Residential Type One (R1) Zene, Urllan Residential Type Twe (R2) Zene,
Urllan Residential Type Three (RJ) Zene, and an "'rllan Residential Type Four (R1) Zene and the
term includes Special Exception Zones to any ef these zenes provided in the aforesaid By law
34-63.
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet
(RH) Zone, Residential Mobile Home (RM) Zone, Residential Shoreline (RS) Zone, Urban
Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban
Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and
the term includes Special Exception Zones to any of these zones provided in the
aforesaid By-law 84-63.
RURAL RESIDENTIAL ZONE
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet
(RH) Zone, Residential Mobile Home (RM) and Residential Shoreline (RS) Zone, and the
term includes Special Exception Zones to any of these zones provided in the aforesaid
By-law 84-63.
URBAN RESIDENTIAL ZONE
Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2)
Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4)
Zone and the term includes Special Exception Zones to any of these zones provided in
the aforesaid By-law 84-63.
840
3.16
m. RECREATIONAL VEHICLE AND TRAILER PARKING AND STORAGE IN
RESIDENTIAL ZONES
The following regulations apply to parking of recreational vehicles and trailers:
i) Driveway
a) A recreational vehicle or trailer, and any load thereon, not exceeding
5.5 metres in length or 2.4 metres in height may be parked on a
driveway in an urban residential zone.
b) A recreational vehicle or trailer, and any load thereon, exceeding 5.5
metres in length or 2.4 metres in height may be parked on a driveway
in an urban residential zone for a period not exceeding 120 hours in
one calendar month with a minimum setback of 0.5 metres from the
street line.
c) A recreational vehicle or trailer, and any load thereon, may be parked
on a driveway in a rural residential zone and Agricultural (A) Zone.
ii) Storage
Storage or parking of trailers or recreational vehicles shall be permitted
within a garage, carport or other permitted accessory structure.
iii) Location
a) The parking or storage of a recreational vehicle or trailer, and any load
thereon, not exceeding 6 metres in length or 2.9 metres in height shall
be permitted in any side yard or rear yard in an urban residential zone,
subject to the provisions of Section 3.1.
b) The parking or storage of a maximum of three (3) recreational vehicles
or trailers, and any load thereon, shall be permitted in any side yard or
rear yard in a rural residential zone and Agricultural (A) Zone, or any
exception zone thereto, subject to the provisions of Section 3.1.
iv) Number
a) The owner may not store or park in the open more than one recreational
vehicle or trailer, and any load thereon, on a lot in an urban residential
zone.
b) The owner may not store or park in the open more than three (3)
recreational vehicles or trailers, and any load thereon, on a lot in a rural
841
residential zone and Agricultural (A) Zone, or any exception zone
thereto.
3.22 SIGHT VISIBILITY TRIANGLES
On a corner lot, within the triangle space formed by the street lines and a line drawn
from a point in one street line to a point in the other street line, each such point being
7.5 metres measured along the street line from the point of intersection of the street
lines, no motor vehicle, as defined in the Highway Traffic Act, as amended,
recreational vehicle or trailer, and any load thereon, shall be parked or stored, no
building or structure which would obstruct the vision of drivers of motor vehicles shall be
erected, and, no land shall be used for the purposes of growing shrubs or trees in
excess of 0.75 metres in height.
842
Attachment 2
To Report PSD-099-08
PROPOSED MODIFICATION DEALING WITH ACCESSORY BUILDINGS AND
STRUCTURES
Section 2 Definitions
Add the following definition
GARAGE
Shall mean a building, structure or part thereof, including a carport, designed and/or
used for the parking of motor vehicles having adequate access to a driveway, and
where household equipment incidental to the residential use may be stored.
SHIPPING/CARGO CONTAINER
Shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck.
3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES
a. PERMITTED USES
Where this By-law provides that a lot may be used or a building or structure may be
erected or used for a purpose, that purpose shall include any accessory building or
structure or accessory use, but shall not include the following:
i) any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is specifically
permitted in accordance with this By-law; or
ii) any building used for human habitation except as is specifically permitted
in accordance with this By-law; or
Hi) a maximum of three (3) coin-operated pinball or video machines or other
electronically or mechanically coin-operated entertainment machines as
accessory uses within a Commercial zone.
b. RELATION TO STREET
A permitted accessory building or structure may be located between the principal
or main building on the lot and the streetline, provided such accessory building or
structure complies with the yard and setback requirements of the Zone in which
such building or structure is located.
c. RELATION TO PRINCIPLE OR MAIN BUILDING - DELETED
c.€h LOT COVERAGE
The total lot coverage of all accessory buildings and structures, except swimming
pools, shall not exceed: forty percent of the main building totol floor mea, or 40
pen:ent of the prescribed minimum floor area for a residential dwelling
843
within the appliGable zone, '...,hiGhever is greater, ner, shall the height of any
accessory buildin€l or structure exceed 5.0 metros
i) Ten percent of the total lot area in a residential or agricultural zone.
ii) Fifty percent of the ground floor area of the principal building in a
commercial or industrial zone.
iii) Ten percent of the lot area for Public Uses.
d. FLOOR AREA
The total floor area for accessory buildings and structures shall not
exceed:
i) 120 m2 accessory to a dwelling in a rural residential or agricultural
zone with a minimum lot area of 2 hectares.
ii) 90 m2 accessory to a dwelling in a rural residential or agricultural
zone for lots less than 2 hectares in area.
iii) 60 m2 in all other zones.
e. HEIGHT
The total height for accessory buildings and structures shall not exceed:
i) 3 metres for buildings or structures with a floor area less than 10m2;
ii) 4 metres in an urban residential zone; and
iii) 4.5 metres in any other zone.
f. ACCESSORY BUILDINGS FOR SCHOOL BUSES OR COMMERCIAL MOTOR
VEHICLES
In the case of an accessory buildin€l being used for the parking er storage
of school buses or commercial motor vehicles on a non farm rolatea residential
lot in an a€lricultural zone, the maximum height of suct-J accessory building st-Jall
be 5 metres and the total floor area fer all accessory buildings shall not exceed
150 square metros.
f.&. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES
Notwithstanding any other provision of this By-law to the contrary, a boat house,
pump house or docking facilities may be erected and used in the required yard of
a lot abutting a navigable waterway, provided, such accessory buildings or
structures comply with all other side yard requirements of the respective zone.
844
g.t- INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE YARD
REQUIREMENTS
Where an accessory building or structure is located in an interior side or rear
yard it shall not be closer to the interior side lot line or the rear lot line than ~
motreE: 0.6 metres in an urban residential zone and 1.2 metres in all other
zones to the interior side lot line or rear lot line. An accessory building or
structure, other than a detached garage, located in an exterior side yard
shall not be closer than 1.2 metres to the exterior side lot line in an urban
residential zone. A detached garage shall comply with the zone minimums
for permitted residential uses but in no case shall be located less than 6.0
metres from a streetline.
h.!Jo GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the contrary, in
an industrial zone, a gate house shall be permitted in a required front or side yard
or in the area between the street line and the required setback, but in no instance
shall such gate house be located closer than 1.25 metres to the street line or in a
sight triangle.
i.J:h MOTOR VEHICLE FUEL BAR SHELTER
Notwithstanding the yard and setback provisions of this By-law to the contrary, in
the service station commercial zone, a fuel bar shelter shall have a total floor
area of not more than 9 square metres.
j.h YARD REQUIREMENTS
Notwithstanding the yard and setback provisions of this By-law to the contrary,
every part of any yard to be provided in all zones shall be open and unobstructed
by any structure from the ground to the sky, except for the following:
i) sills, belt courses, cornices, chimney breasts, bay windows, cantilevered
floor areas, pilasters or parapets may project into any yard to a distance of
not more than 0.75 metres;
ii) eaves or gutters, for other than an accessory building or structure, may
project into any required yard a distance of not more than 0.75 metres;
iii) eaves or gutters for an accessory building or structure may project
into any required yard 0.3 metre;
iv) ~ balconies, canopies, unenclosed porches, steps, Elf patios, or decks
may project into any required front, side, or rear yard to a distance of not
more than 1.5 metres, but in no instance shall a required side yard be
reduced to below 1.2 metres.
845
v) ~ fire escapes may project into any required side or rear yard to a
distance of, not more than, 1.5 metres;
vi) vt fences, freestanding walls, flag poles, clothes poles, diving boards,
antennae, light standards, and similar accessory structures and
appurtenances, and hedges, trees, and shrubs are permitted, but in the
case of a residential interior lot line situated in any residential zone, no
structure, hedge or obstruction that is more than 0.75 metres in height is
permitted within 3 metres of any street line where such structure, hedge or
obstruction will impede vision between a height of 0.75 metres and 2.5
metres above the centreline grade of an access from any improved public
street to any lot.
k. EXCLUDED USES
No shipping/cargo container shall be used as an accessory
structure.
846
Attachment 3
To Report PSD-099-08
PROPOSED MODIFICATION TO CARTAGE OR TRANSPORT DEPOT DEFINITION
C/\RT.^.GE OR TRNJSPORT DEPOT
Shall mean a building, Eltructure or place where trucks or tractor trailerEl are rented, leaEled,
kept for hire, or Eltored or parking for remuneration, or from which truckEl or tranElports, stored
or parked en the preperty, are diElpatched f-or hire as common carriers.
TRNJSPORT OR C/\RT/\GE DEPOT
Shall mean a building or structure or lot whore transport '/ehicles are kept for hire, rented or
leased, or stored or J)arked for remuneration, or from which transport ':ehicles are dispatched
for hire as common carriers and may include a warehouse, but Elhall not include any other use
or activity other"/ise defined or classified in this By law.
CARTAGE OR TRANSPORT DEPOT
Shall mean a building or structure and lot where transport vehicles are kept for hire, rented or
leased, or stored or parked for remuneration, or from which transport vehicles are dispatched
for hire as common carriers and may include a warehouse, but shall not include any other use
or activity otherwise defined or classified in this By-law.
847
Attachment 4
To Report PSD-099-0e
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
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 Newcastie to implement ZBA2008-0004;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By-law 84-63, as amended, is hereby further amended as follows:
a) By adding to Section 2, thereof, the following new definitions in
alphabetical order as follows:
"DRIVEWAY
Shall mean the portion of a lot extending to the streetline, designed to
provide motor vehicle access from the lot to the traveled portion of the
street, private road or lane.
GARAGE
Shall mean a building, structure or part thereof, including a carport,
designed and/or used for the parking of motor vehicles having adequate
access to a driveway, and where household equipment incidental t the
residential use may be stored.
RECREATIONAL VEHICLE
A motorized or non-motorized vehicle that is used predominantly for
recreational purposes, including, but not limited to, mobile recreational
trailers, snowmobiles, boats, personal watercraft and all-terrain vehicles.
RECREATIONAL VEHICLE STORAGE
A commercial establishment for the storage of licensed recreational
vehicles and their trailers.
RURAL RESIDENTIAL ZONE
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone,
Residential Hamlet (RH) Zone, Residential Mobile Home (RM) and
Residential Shoreline (RS) Zone, and the term includes Special Exception
Zones to any of these zones provided in the aforesaid By-law 84-63.
SHIPPING/CARGO CONTAINER
Shall mean a prefabricated metal container or box specifically constructed
for the transport of goods by rail, ship or transport truck.
URBAN RESIDENTIAL ZONE
Shall mean an Urban Residential Type One (R1) Zone, Urban Residential
Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an
Urban Residential Type Four (R4) Zone and the term includes Special
848
Exception Zones to any of these zones provided in the aforesaid By-law
84-63. "
b) By deleting from Section 2, thereof, and replacing with the following
definitions in alphabetical order as follows:
"CARTAGE OR TRANSPORT DEPOT
Shall mean a building or structure and lot where transport vehicles are
kept for hire, rented or leased, or stored or parked for remuneration, or
from which transport vehicles are dispatched for hire as common carriers
and may include a warehouse, but shall not include any other use or
activity otherwise defined or classified in this By-law.
RESIDENTIAL ZONE
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone,
Residential Hamlet (RH) Zone, Residential Mobile Home (RM) Zone,
Residential Shoreline (RS) Zone, Urban Residential Type One (R1) Zone,
Urban Residential Type Two (R2) Zone, Urban Residential Type Three
(R3) Zone, and an Urban Residential Type Four (R4) Zone and the term
includes Special Exception Zones to any of these zones provided in the
aforesaid By-law 84-63."
c) By deleting Sections 3.1 c) through 3.1 i) and replacing them as follows:
c. LOT COVERAGE
The total lot coverage of all accessory buildings and structures, except
swimming pools, shall not exceed:
i) Ten percent of the total lot area in a residential or agricultural zone.
ii) Fifty percent of the ground floor area of the principal building in a
commercial or industrial zone.
iii) Ten percent of the lot area for Public Uses.
d. FLOOR AREA
The total floor area for accessory buildings and structures shall not
exceed:
i) 120 m' accessory to a dwelling in a rural residential or agricultural
zone with a minimum lot area of 2 hectares.
ii) gO m' accessory to a dwelling in a rural residential or agricultural
zone for lots less 2 hectares in lot area.
iii) 60 m' in all other zones.
e. HEIGHT
The total height for accessory buildings and structures shall not exceed:
i) 3 metres for buildings or structures with a floor area less than 10m';
ii) 4 metres in an urban residential zone; and
iii) 4.5 metres in any other zone.
f. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES
Notwithstanding any other provision of this By-law to the contrary, a boat
house, pump house or docking facilities may be erected and used in the
required yard of a lot abutting a navigable waterway, provided, such
849
accessory buildings or structures comply with all other side yard
requirements of the respective zone.
g. INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE
YARD REQUIREMENTS
Where an accessory building or structure is located in an interior side or
rear yard it shall not be closer to the interior side lot line or the rear lot line
than 0.6 metres in an urban residential zone and 1.2 metres in all other
zones to the interior side lot line or rear lot line. An accessory building or
structure, other than a detached garage, located in an exterior side yard
shall not be closer than 1.2 metres to the exterior side lot line in an urban
residential zone. A detached garage shall comply with the zone
minimums for permitted residential uses, but in no case shall be located
less than 6.0 metres from a streetline.
h. GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an industrial zone, a gate house shall be permitted in a
required front or side yard or in the area between the street line and the
required setback, but in no instance shall such gate house be located
closer than 1.25 metres to the street line or in a sight triangle.
i. MOTOR VEHICLE FUEL BAR SHELTER
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in the service station commercial zone, a fuel bar shelter shall
have a total floor area of not more than 9 square metres.
d) By adding a new Sections 3.1 j) and 3.1 k) as follows:
j. YARD REQUIREMENTS
Notwithstanding the yard and setback provisions of this By-law to the
contrary, every part of any yard to be provided in all zones shall be open
and unobstructed by any structure from the ground to the sky, except for
the following:
i) sills, belt courses, cornices, chimney breasts, bay windows,
cantilevered floor areas, pilasters or parapets may project into any
yard to a distance of not more than 0.75 metres;
ii) eaves or gutters, for other than an accessory building or structure,
may project into any required yard a distance of not more than 0.75
metres;
iii) eaves or gutters for an accessory building or structure may project
into any required yard 0.3 metre;
iv) balconies, canopies, unenclosed porches, steps, 9f patios, or decks
may project into any required front, side, or rear yard to a distance
of not more than 1.5 metres, but in no instance shall a required side
yard be reduced to below 1.2 metres.
v) fire escapes may project into any required side or rear yard to a
distance of, not more than, 1.5 metres;
vii) fences, freestanding walls, flag poles, clothes poles, diving boards,
antennae, light standards, and similar accessory structures and
appurtenances, and hedges, trees, and shrubs are permitted, but in
the case of a residential interior lot line situated in any residential
850
zone, no structure, hedge or obstruction that is more than 0.75
metres in height is permitted within 3 metres of any street line
where such structure, hedge or obstruction will impede vision
between a height of 0.75 metres and 2.5 metres above the
centreline grade of an access from any improved public street to
any lot.
k. EXCLUDED USES
No shipping/cargo container shall be used as an accessory
structure.
e) By adding a new Section 3.16 m. as follows:
"m. RECREATIONAL VEHICLE AND TRAILER PARKING
The following regulations appiy to parking of recreational vehicles and
trailers:
i) Driveway
a) A recreational vehicle or trailer, and any load thereon, not
exceeding 5.5 metres in length or 2.4 metres in height may
be parked on a driveway in an urban residential zone.
b) A recreational vehicle or trailer, and any load thereon,
exceeding 5.5 metres in length or 2.4 metres in height may
be parked on a driveway in an urban residential zone for a
period not exceeding 120 hours in one calendar month with
a minimum setback of 0.5 metres from the street line.
c) A recreational vehicle or trailer, and any load thereon, may
be parked on a driveway in a rural residential zone and
Agricultural (A) Zone.
ii) Storage
Storage or parking of trailers or recreational vehicles shall be
permitted within a garage, carport or other permitted accessory
structure.
iii) Location
b) The parking or storage of a recreational vehicle or trailer, and
any load thereon, not exceeding 6 metres in length or 2.9
metres in height shall be permitted in any side yard or rear yard
in an urban residential zone, subject to the provisions of Section
3.1.
c) The parking or storage of a maximum of three (3) recreational
vehicles or trailers, and any load thereon, shall be penmitted in
any side yard or rear yard in a rural residential zone and
Agricultural (A) Zone, or any exception zone thereto, subject to
the provisions of Section 3.1.
iv) Number
d) The owner may not store or park in the open more than one
recreational vehicle or trailer, and any load thereon, on a lot in
an urban residential zone.
851
e) The owner may not store or park in the open more than three
(e) recreational vehicles or trailers, and any load thereon, on a
lot in a rural residential zone and Agricultural (A) Zone, or any
exception zone thereto."
d) By deleting Section 3.22 and replacing it as follows:
"3.22 VISIBILITY TRIANGLES
On a corner lot, within the triangle space formed by the street lines
and a line drawn from a point in one street line to a point in the
other street line, each such pOint being 7.5 metres measured along
the street line from the point of intersection of the street lines, no
motor vehicle, as defined in the Highway Traffic Act, as amended,
recreational vehicle or trailer, and any load thereon, shall be parked
or stored, no building or structure which would obstruct the vision of
drivers of motor vehicles shall be erected, and. no land shall be
used for the purposes of growing shrubs or trees in excess of 0.75
metres in height."
2. This By-law shall come into effect on the date of the passing hereof. subject to
the provisions of Sections 34 of the Planning Act.
BY-LAW read a first time this day of
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
day of
2008
2008
2008
Jim Abernethy. Mayor
Patti L. Barrie, Municipal Clerk
852
Cl!1!ington
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 6, 2008
Report #: PSD-100-08
File #: COPA 2007-0007,
ZBA 2007-0031 and S-C-2007-0007
By-law #:
Subject:
PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND PLAN OF
SUBDIVISION TO DELETE A SECONDARY SCHOOL SITE AND TO PERMIT
THE DEVELOPMENT OF 90 SINGLE DETACHED DWELLINGS AND 66
BLOCK TOWNHOUSE DWELLINGS
APPLICANT: PRESTONVALE HEIGHTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-100-08 be received;
2. THAT Amendment No. 65 to the Clarington Official Plan as submitted by Prestonvale
Heights Limited to delete the requirements for a Public Secondary School and to permit
the development of 90 lots for single detached dwelling units and a block for 66
townhouse units as contained in Attachment 2 be ADOPTED and the By-law contained
in Attachment 3 be PASSED;
3. THAT the application for proposed draft Plan of Subdivision S-C-2007-0007 submitted
by Prestonvale Heights Limited be APPROVED subject to the conditions as contained
in Attachment 5;
4. THAT the Zoning By-law Amendment application submitted by Prestonvale Heights
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-2007-0007 and the Municipality of Clarington be
approved as contained in Attachment 7;
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
853
REPORT NO.: PSD-100-08
PAGE 2
7. THAT all interested parties listed in this report and any delegation be advised of
Council's decision
Submitted by:
Da id . Crome, M.C.I.P., R.P.P.
Director of Planning Services
TW/CP/av/df
26September 2008
Reviewed bY:O ~.=:G.... )1c,
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)623-0830
854
REPORT NO.: PSD-100-08
PAGE 3
1.0 APPLICATION DETAILS
1 .1 Applicant:
1.2 Official Plan Amendment:
Prestonvale Heights Limited
To amend Map A2 to delete the provIsion for a Public
Secondary School and to add a Medium Density Residential
symbol; amend Map H1 to increase population target of
Neighbourhood 9 - Penfound; amend Table 9-2 to increase
the Low and Medium Density housing targets, as well as the
totals for the. Penfound Neighbourhood and Courtice Urban
Area; and amend Map A - Land Use of the South-West
Courtice Secondary Plan by deleting the Public Elementary
School and replacing it with Low Density Residential and
Medium Density Residential.
1.3 Proposed Draft Plan of Subdivision:
The proposed Draft Plan of Subdivision includes 156
residential units consisting of 18 lots for 11 metre single
detached dwellings, 59 lots for 12 metre single detached
dwellings, 4 lots for 13.7 metre single detached dwellings, 9
lots for 15 metre single detached dwellings and a block for
66 block townhouse dwellings.
1.4 Rezoning:
To change the current zoning to permit the development of
the proposed Draft Plan of Subdivision.
1.5 Site Area:
6.657 hectares (16.449 acres)
1.6 Location:
The subject lands are located on the west side of Prestonvale
Road, north of Bloor Street and west of Meadowglade Road
(Attachment 1).
2.0 BACKGROUND
2.1 The subject property was identified as a secondary school block within a draft approved
Plan of Subdivision. The lands were subsequently registered as a block for a Public
Secondary School in May 2003. The School Board's option on the property has since
expired.
On May 29, 2007 Staff received applications to amend the Official Plan and Zoning By-
law along with an application requesting approval of a Draft Plan of Subdivision. A
Noise Impact Study and a Functional Servicing Brief were submitted in support of the
applications. In order to deem these applications complete, a Phase 1 Environmental
Site Assessment was requested. This document was submitted on October 9, 2007
and the application was deemed complete on October 17,2007.
855
REPORT NO.: PSD-100-08
PAGE 4
2.2 The applicant submitted revised Draft Plans in April and June 2008 in order to satisfy
department and agency comments. The final revision was received in September 2008.
2.3 The applicant submitted a Functional Servicing Brief, Noise Impact Study and Phase 1
Environmental Site Assessment in support of the proposed development.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject site is currently vacant. A large mound of topsoil and rubble which was
transported to the site during the development of adjacent lands within registered plan
of subdivision 40M-2148 has recently been removed and the lands have been prepared
for development.
3.2 The surrounding uses are as follows:
North -
South -
East -
West -
Dr. G.J. MacGillivray Public School
Residential and a vacant commercial mixed use block
Agricultural and large lot single detached dwellings
Residential
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
The applications are consistent with the Housing policies of the 2005 Provincial Policy
Statement (PPS). Planning authorities are required to provide for a range of housing
types and densities with a ten year supply of lands which are designated, and a three
year supply of zoned and serviced lands within draft approved and registered plans.
New housing is to be directed to locations where infrastructure and public services are
available.
4.2 Provincial Growth Plan
The Provincial Growth Plan directs growth to built-up areas where the capacity exists to
best accommodate the expected population. The guiding principles include building
compact, vibrant and complete communities while optimizing the use of existing and
new infrastructure to support growth in a compact efficient form.
Greenfield areas are required to achieve a minimum density target not less than 50
residents and jobs combined per hectare. This proposal has a population projection of
approximately 444 residents or 66.72 persons per hectare. The applicant's proposal is
consistent with the Provincial Growth Plan.
856
REPORT NO.: PSD-100-08
PAGE 5
5.0 OFFICIAL PLANS
5.1 Durham Reqional Official Plan
The lands are designated as Living Area within the Durham Regional Official Plan.
Lands designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
The proposed uses appear to conform to the Plan.
Clarinqton Official Plan
The subject lands are within the South-West Courtice Secondary Plan and are
designated as Urban Residential with a Public Secondary School symbol. The lands
are within the Penfound Neighbourhood, which has a population target of 3500 people
and a housing target of 1225 units. The applicant is requesting to amend the land use
schedule to add a medium density symbol and to delete the public secondary school
provision.
An increase in the number of low density units from 1075 to 1175 and medium density
units from 75 to 150 has also been requested. This will increase the total housing units
in the Penfound Neighbourhood from 1225 to 1400; and the population projection for
the neighbourhood from 3500 to 3950.
The goals of the South-West Courtice Secondary Plan are to provide a residential living
environment that promotes a desirable quality of life and social interaction; and to
provide a broad range of housing to meet evolving needs of current and future
residents.
The Clarington Official Plan designates Bloor Street as a Type 'A' arterial road, which is
designed to move large volumes of traffic at moderate speeds over a relatively long
distance. Meadowglade Road is a Type 'c' arterial which moves lower volumes of
traffic at slower speeds over a shorter distance. Prestonvale Road is a collector road
with a purpose of moving moderate volumes of traffic over a short distance primarily to
collect traffic and distribute it among local roads, collector roads, arterial roads and
major traffic generators. Streets "A" and "B" are to be constructed as local roads.
Street 'A' will connect to Meadowglade and Prestonvale Roads.
6.0 ZONING BY-LAW
6.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Holding-
Urban Residential Exception ((H)R1-42)". This zoning is specific to a school use hence
the need for the rezoning. The recommendations of the report support a rezoning to
implement the proposed draft plan of subdivision.
7.0 PUBLIC SUBMISSIONS
7.1 A Public Meeting was held on December 3, 2007. Hugh Neill, a neighbouring land
owner, indicated that he objected to the proposal and that the details of his objection
were sent to the Planning Department. The following outlines the objections contained
in the letter:
857
REPORT NO.: PSD-100-08
PAGE 6
. Less medium density homes and more low density homes should be planned
and built;
. Homes on Prestonvale should be similar to the existing homes and should have
driveway turnarounds to eliminate backing on to Prestonvale Road;
. Traffic calming should be continued on Prestonvale;
. Street A should not be aligned with Partner Drive and should only have access
onto Meadowglade Road; and
. Traffic lights should be installed at Prestonvale and Meadowglade and
Meadowglade and Bloor.
7.2 No other inquiries were received on the proposed applications.
8.0 AGENCY COMMENTS
8.1 Clarington Emergency and Fire Services, Clarington Building Division and Hydro One
offered no concerns or objections to the proposal. Durham Region Planning
Department, Bell Canada and Enbridge Gas Distribution Inc. offered no objections to
the proposal and asked that standard conditions be included in the conditions of draft
approval.
8.2 Previous comments provided by the Central Lake Ontario Conservation Authority
(CLOCA) regarding overland drainage from the school property to the north were
addressed by the applicant. CLOCA provided standard conditions for inclusion in the
Conditions of Draft Approval for the proposed subdivision.
8.3 The Kawartha Pine Ridge District School Board had been concerned with a proposed
walkway between lots 7 and 8 due to its location in relation to a blind spot on the school
property. The walkway was proposed to accommodate overland flows from the school
site to the south. Rather than the walkway a 3 metre wide easement which
accommodates a rear yard catch basin is proposed. This solution has been reviewed
and deemed acceptable by the Engineering Services Department.
8.4 The applicant has addressed comments previously provided by the Engineering and
Operations Services Divisions through submission of the revised draft plan. Their
conditions and requirements are contained in the Conditions of Draft Approval.
9.0 STAFF COMMENTS
9.1 The Clarington Official Plan was prepared to provide for two Public Secondary Schools
to serve Courtice and surrounding rural areas anticipating a future population in
Courtice of 45,000. Given that the existing Courtice Secondary School was in the north-
east quadrant of Courtice, a site for a second school was selected in the south-west
quadrant to provide for geographic separation. Since the School Board is not
proceeding with acquiring the lands due to funding constraints, and reduced enrolments
there is no other site identified for a future secondary school in Courtice. While there
may be other opportunities a future change to the Official Plan will be required to
provide for a Secondary School.
858
REPORT NO.: PSD-100-08
PAGE 7
9.2 Planning Staff consulted with the Director of Engineering Services to ensure access to
individual lots near the intersection of Bloor Street would not be a concern from a traffic
perspective. Engineering Services would have identified the need for street lights and
traffic calming measures, through their review of the application based on current
guidelines. The applicant also increased the frontage of the lots near the. intersection
from 13.7 metres to 15 metres, eliminating one lot with direct access onto Prestonvale
Road.
9.3 The concept for the Medium Density block was previously provided. It depicted units
fronting onto Bloor Street and Meadowglade Road. This same premise was used to
complete the Noise Study. This layout will prevent the need for arterial noise fencing
and will be carried forward during the review of the site plan application.
9.4 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application, a list of the proposed conditions of draft approval were
submitted to the applicant for their review and concurrence. The purpose of this
exercise is to determine if there are any conditions of draft approval that the applicant
does not agree with and that they be identified for further discussions purposes. The
applicant has provided concurrence with the attached Conditions of Draft Approval.
10.0 CONCLUSIONS
10.1 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
. Adoption of Official Plan Amendment No. 65 as contained in Attachment 2 and
approval of the By-law as contained in Attachment 3;
. Approval of the Draft Plan of Subdivision S-C-2007-0007, as contained in
Attachment 4, subject to the conditions contained in Attachment 5; and
. Rezoning the subject lands within the plan of subdivision, as contained in
Attachment 6.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Amendment to the Clarington Official Plan
Attachment 3 - By-law to Adopt Official Plan Amendment No. 50
Attachment 4 - Proposed Draft Plan of Subdivision S-C-2007-0007
Attachment 5 - Conditions of Draft Approval
Attachment 6 - Zoning By-law Amendment
Attachment 7 - By law Authorizing Subdivision Agreement
List of interested parties to be advised of Council's decision:
Prestonvale Heights Limited Geranium Corporation
Sernas Associates Hugh Neill
Kawartha Pine Ridge District School Board
859
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860
Attachment 2
To Report PSD-100-08
AMENDMENT NO. 65
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment to the Clarington Official Plan and
the South-West Courtice Secondary Plan is to delete a public
secondary school symbol and add a Medium Density Residential
symbol in the Penfound neighbourhood, and adjust the
neighbourhood housing targets accordingly.
LOCATION:
The subject site is located on the northwest corner of Prestonvale
Road and Bloor Street, within Part of Lot 34, Concession 2, in the
former Township of Darlington.
BASIS:
This amendment is based on Council's consideration of an Official
Plan Amendment Application (COPA 2007-0010) submitted by
Sernas Associates, on behalf of Prestonvale Heights Limited.
ACTUAL
AMENDMENT:
A)
The Clarington Official Plan is hereby amended as follows:
i) By amending Map "A2", as indicated on Exhibit 'A'
attached to this amendment.
ii) By amending Map "H1", as indicated on Exhibit 'B'
attached to this amendment.
iii) By amending Table 9-2 by:
a. Adjusting the housing targets for the Penfound
neighbourhood (N9) as follows:
Low Density units from "1075" to "1175"
Medium Density units from "75" to "150"
Total housing units from "1225" to "1400"
b. Adjusting the housing total for the Courtice
area as follows:
Total Low Density units from "8775" to "8875"
Total Medium Density units from "1735" to 1810"
Total housing units from "12918" to "13093"
861
Courtice
N9 Penfound
TOTAL
1,175
8,875
150
1,810
375
75
2,033
1,400
13,093
B) The South-West Courtice Secondary Plan is amended as
follows:
i) By amending Map 'A' - Land Use, South-West
Courtice
Secondary Plan, as indicated on Exhibit 'C' attached
to this amendment.
ii) By deleting Section 4.3 of the South-West Courtice
Secondary Plan.
IMPLEMENTATION:
The provisions set forth in the Municipality of Clarington Official
Plan and South-West Courtice Secondary Plan, as amended
regarding the implementation of the Plans, shall apply to this
amendment.
INTERPRETATION:
The provisions set forth in the Municipality of Clarington Official
Plan and South-West Courtice Secondary Plan, as amended
regarding the interpretation of the plans, shall apply to this
amendment.
862
EXHIBIT" A" TO OFFICIAL PLAN AMENDMENT
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863
MAP H1
NEIGHBOURHOOD PLANNING UNITS
COURTICE URBAN AREA
OFFICIAL PLAN
MUNICIPAUlY OF CLARINGTON
JANUARY 2, 2007
REFER TO SECTIONS 5 AND 9
ll-IIS CONSQUDATlON IS PRO"o'OED fOR CONVENIENCE ONlY
AND REPRESENTS RtQUESTED I.tODlFlCATIONS AND APPROVAlS
EXHIBIT "B"
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JANUARY 2. 2007
'THIS CONSOUDAllON IS PROVDED roR CONVENIENCE ONLY
N<<l: REPRESENTS REQUESTED "ODIFlCA1)ONS AND mROVIILS
865
Attachment 3
To Report PSD-100-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008
being a By-law to adopt Amendment No. 65 to the Clarington Official Plan
WHEREAS Section 17(22) of the Ptanning 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;
NOW THEREFORE the Corporation of the Municipality of Clarington deems it advisable to
amend the Clarington Official Plan and the South-West Courtice Secondary Plan to delete the
provision for a Public Secondary School and add a Medium Density Residential symbol in the
Penfound neighbourhood, and adjust the neighbourhood housing targets accordingly, to permit
the development of ninety (90) lots for single detached dwellings and a block for sixty-six (66)
townhouses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 65 tothe Clarington Official Plan, being the attached Explanatory
Text is hereby adopted.
2. That 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
866
Cl~i!1glOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, October 6,2008
Report #: PSD-102-08 File #: ZBA 2007-0011
By-law #:
Subject:
PROPOSED ZONING BY-LAW AMENDMENT BY THE MUNICIPALITY OF
CLARINGTON FOR 3289 TRULLS ROAD NORTH IN COURTICE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-102-08 be received;
2. THAT the Zoning By-law Amendment to rezone lands owned by the Municipality of
Clarington on the northeast corner of Trulls Road and George Adams Drive be
APPROVED, as contained in Attachment 2;
3. THAT Staff be authorized to complete all the necessary requirements to remove the
Holding symbol;
4. THAT the Region of Durham Planning Department be forwarded a copy of this report
and Council's decision; and
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
David . Creme, M.C.I.P., R.P.P.
Director of Planning Services
~ q...W<c Wk
Reviewed b~ J
Franklin Wu,
Chief Administrative Officer
IUFUsn/sh/df
1 October 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
867
REPORT NO.: PSD-102-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Proponent:
The Municipality of Clarington
1.2 Rezoning:
To change portions of the current zoning to permit the development
of four residential lots with a minimum lot frontage of 15 metres each.
1.3 Site Area:
0.95 hectares
1.4 Location:
The subject lands are located at the northeast corner of Trulls Road
North and George Reynolds Drive, 3289 Trulls Road North, Courtice
(Attachment 1).
2.0 BACKGROUND
2.1 In November 2001 Council acquired a site at 2611 Trulls Road for a new fire station in
Courtice. The new station opened in June of 2005. The building on the property subject
to this application has been vacant since the new station was occupied. At a meeting
held on September 25th, 2006, Council passed resolution #GPA-341-06 declaring the
property identified as 3289 Trulls Road as surplus and offered for sale.
2.2 At a meeting held on March 26th, 2007 Council passed resolution GPA-278-07
authorizing the Chief Administrative Officer to make application for rezoning of the
property, and to have the necessary reports prepared including an Environmental Site
Assessment, an Environmental Impact Study, and engineering/survey plans.
2.3 The application to amend Zoning By-law 84-63 for 3289 Trulls Road North was deemed
complete on May 9th, 2008 and a Public Meeting was held on June 16th, 2008. The
submission included a Phase 1 and Phase 2 Environmental Site Assessment and a
draft Natural Heritage Evaluation which has since been finalized. These reports are
summarized in Section 7.0 of this report.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The south-west portion of the property is currently occupied by the former Courtice Fire
Station and associated parking lot. To the east and northeast of the parking lot is a
wooded area which contains a portion of the Harmony-Farewell Iroquois Beach
Provincially Significant Wetland.
3.2 Surrounding Uses
North -
South -
East -
West -
large lot residential
12 metre wide residential lots
George Reynolds Parkette
12 metre wide residential lots
868
REPORT NO.: PSD-102-0S
PAGE 3
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
Planning authorities are required to provide for a range of housing types and densities.
A ten year supply of designated residential lands and a three year supply of residentially
zoned and serviced lands are required. New housing is to be directed to locations
where infrastructure and public services are available. The application is consistent with
the 2005 Provincial Policy Statement.
4.2 Provincial Growth Plan
The Provincial Growth Plan directs growth to built-up areas where the capacity exists to
best accommodate the expected population. The guiding principles include building
compact, vibrant and complete communities while optimizing the use of existing and
new infrastructure to support growth in a compact efficient form. This application for
zoning amendment conforms with the Provincial Growth Plan.
5.0 OFFICIAL PLAN POLICIES
5.1 Durham Reqional Official Plan
The lands are designated Living Area within the Durham Regional Official Plan. Living .
Areas shall be used predominantly for housing purposes. A Key Natural Heritage and
Hydrologic Feature is identified on the property and its individual features and
associated vegetation protection zone is to be identified and shown in more detail in the
municipality's Official Plan and Zoning By-law. Limited development or site alteration is
permitted in key natural heritage and/or hydrologic features, such as forest, fish and
wildlife management and minor recreational uses such as trails and picnic facilities.
The application conforms to the Living Area policies and the environmental goals of the
Durham Regional Official Plan.
5.2 Clarinqton Official Plan
This property is designated Urban Residential and Environmental Protection in the
Clarington Official Plan. The predominant use of lands designated Urban Residential
shall be for housing purposes. The property has frontage on Trulls Road North, which
is identified as a Type B arterial road. These roads are designed to move significant
volumes of traffic and have a right-of-way width ranging from 30 to 36 metres.
Environmental Protection Areas are recognized as the most significant components of
the Municipality's natural environment. As such, these areas and their ecological
functions are to be preserved and protected from the effects of human activity. The
precise limits of these Areas are to be determined in consultation with the Conservation
Authority. Map C1 Natural Heritage Features indicates that the property is within the
Lake Iroquois Beach, a tributary of Farewell Creek runs through the eastern portion of
the property, and the lot contains a Wetland and a Significant Valleyland. The wetland is
a part of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW)
and the limits are identified on Attachment 1. An Environmental Impact Study is to be
undertaken for development applications located on lands within the Lake Iroquois
Beach. Central Lake Ontario Conservation has assisted the Municipality and prepared
a Natural Heritage Evaluation of the property in accordance with the Environmental
869
REPORT NO.: PSD-102-08
PAGE 4
Impact Study requirements of the Official Plan, which is discussed in Section 7.0 of this
report.
Residential development is to maintain a minimum setback of 30 metres from a PSW.
The Natural Heritage Evaluation concludes that the proposed residential development
will not negatively impact the identified natural heritage features. The application
conforms to the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 The lands are zoned "Agricultural (A)" and "Environmental Protection (EP)" under
Zoning By-law 84-63. The majority of the property is within the Environmental Protection
zone (Attachment 1). There is a small section of Agricultural zoning in the southeast
corner and a larger section of Agricultural zoning in the northwest corner. The fire
station building and parking area are located within the EP zone boundary. The station
was constructed in 1979, prior to the approval of By-law 84-63. The recommendations
of this report support a rezoning of the site to permit the development of four residential
lots in the location now occupied by the fire station and related parking areas.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 Phase 1 and Phase 2 Environmental Site Assessment
A Phase 1 Environmental Site Assessment was conducted in May of 2007. The results
of the assessment indicated that there were low to moderate potential for environmental
impacts to the property. Many years ago there was a spill of approximately 20 to 30 L of
diesel fuel onto the ground near a former diesel fuel aboveground storage tank, and the
contents of a corroded drum observed in an outdoor metal shed, could not be
confirmed. As a result a Phase 2 Assessment was completed.
The Phase 2 Assessment indicated that no evidence of petroleum contamination was
observed, no combustible vapour concentrations were measurable during the shallow
vapour survey, no evidence of petroleum vapour concentrations, odours or staining
were detected during a test pit program, and no evidence of petroleum impacts were
detected during a water well decommissioning. The existing wells on the site were
decommissioned as part of the Phase 2 Assessment. The report concluded that
concentrations of petroleum parameters did not exceed the Ministry of Environment site
condition standards. The property is suitable for planned future residential uses.
7.2 Natural Heritaqe Evaluation
Central Lake Ontario Conservation assisted the Municipality by preparing a Natural
Heritage Evaluation on the property. The report indicates that the eastern portion of the
property is comprised of existing forest cover which includes a portion of the Harmony-
Farewell Iroquois Beach Provincially Significant Wetland (PSW). A tributary of the
Farewell Creek traverses through the eastern extent of the lot. The western portion of
870
REPORT NO.: PSD-102-08
PAGE 5
the property is viewed as being in a developed state therefore the Authority views this
area as providing no natural heritage features or functions to the eastern portion of the
property and the existing natural features located there. The proposed residential
development woUld be located 30 metres from the PSW and would not intrude into the
vegetation on the eastern portion of the site.
The eastern portion of the site with its woodlot, PSW and creek tributary, has been
identified as an area of high environmental sensitivity within the Authority's
Environmental Sensitivity Mapping Project prepared by Gartner Lee Limited in 1978.
The existing natural features have been classified under their Ecological Land
Classification system.
Authority staff state that a proposal for residential lots within the existing developed
portion of the property could be supported provided that the lots were limited to this
area. By limiting development to the disturbed portion of the site the required setbacks
of 15 metres from a PSW and 5 metres from the drip line of existing forest cover would
be exceeded by approximately 10 metres. They support the removal of the asphalt as it
would result in a more pervious surface.
The Environmental Protection zoning on the property covers much of the site but its
precise limits are to be determined in the evaluation of development applications. The
Authority have reviewed their files and have conducted field investigations on the site
and are advising that the current EP zoning does not accurately reflect the lands that
they have determined should be zoned EP. They are recommending that the EP
boundary be adjusted so that it only includes the PSW and the Farewell Creek tributary
as shown on Attachment 1. This adjustment to the EP boundary is reflected in the
proposed By-law amendment.
Authority staff recommend that the existing forested area east of the paved area remain
in municipal ownership as is proposed, that appropriate fencing be installed to limit
intrusion into the natural features by the public and domestic pets, that future
homeowners be provided with a homeowners package which would describe the
environmental sensitivity of the area and offer suggestions in regards to landscaping
practices and other measures that could be undertaken to preserve the sensitivity of the
surrounding natural areas, and that any future development proposal beyond the
residential development proposed in this application be .required to undertake all
required studies which may include a scoped Environmental Impact Study.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site
and Public Meeting signs were installed on the property along the Trulls Road and
George Reynolds Drive frontages. The Public Meeting was held on June 16th, 2008 and
two members of the public spoke in opposition.
871
REPORT NO.: PSD-102-08
PAGE 6
One resident expressed concerns with regards to the dumping of debris on the
designated wetland area and she would like to see provisions included to address the
debris being placed on the wetlands. She was in agreement with the public being
educated through a homeowners package.
Another resident would like to see a 5 metre setback included in the recommendations
and have the ownership of the wetlands stay with the municipality with the words
"conservation protection area" included. She referred to a guide from 1994 which she
would like to have used for this area and she would like to see the lands protected
forever.
9.0 AGENCY COMMENTS
9.1 The application has been circulated to the appropriate departments and agencies for
comment.
9.2 The Kawartha Pine Ridge District School Board, Rogers Cable, the Clarington
Operations Department, the Clarington Emergency Services Department, and the
Clarington Engineering Services Department have no objection to the proposed
rezoning.
9.3 The Clarington Engineering Services Department have provided additional comments in
regards to the location of future utility services, requirements for engineering drawings
and lot grading and servicing plans, works within the boulevards, performance
guarantees, road damage deposits and cash-in-lieu of parkland dedication. All of these
requirements will have to be fulfilled prior to the Holding symbol being removed and
residential construction proceeding.
9.4 Comments from the Central Lake Ontario Conservation Authority have been discussed
in Section 7.
9.5 The Region of Durham Planning Department have noted that the property abuts a Type
"B" arterial road in the Durham Region Official Plan. A noise impact study is required to
identify any potential impacts from vehicular noise and to identify appropriate noise
mitigation measures. The study is to be submitted to the Region for review and any
noise attenuation measures recommended in the study are to implemented as a
condition of the removal of Holding.
A Record of Site Condition (RSC) for the Phase 1 and Phase 2 Environmental Site
Assessment reports must be submitted to the Ministry of the Environment. An
acknowledgement letter from the Ministry, which acknowledges the RSC and indicates
the site has not been selected for audit, is to be provided to the Region in accordance
with Regional policy. They are requesting that the Holding symbol not be removed until
the acknowledgement letter is received and reviewed.
872
REPORT NO.: PSD-102-08
PAGE 7
There are water and sanitary services available on George Reynolds Drive. Under the
Region's Sewer By-law and Foundation Drain Policy, foundation drains are not
permitted to connect to the sanitary sewer system.
The Region is requesting that a road widening be provided along the Trulls Road
frontage and that sight triangle be retained at the intersection of George Reynolds Drive
and Trulls Road. The road widening and the sight triangle are identified as property to
be retained by the Municipality on Attachment 1.
Municipal governments are not required to obtain approval of land severance
applications in order to divide land and dispose of individual property. Each lot identified
on the plan of survey is a transferable piece upon registration of the sale in the Land
Registry system.
10.0 STAFF COMMENTS
10.1 The Provincially Significant Wetland and other wooded lands will remain in municipal
ownership and retain the Environmental Protection zoning. The Central Lake Ontario
Conservation Authority are satisfied that by limiting development to the disturbed portion
of the site the required setbacks of 15 metres from a PSW and 5 metres from the drip
line of existing forest cover could be met and will be exceeded. The area east of the
proposed residential lots will remain in Municipal ownership and as this area is
designated Environmental Protection in the Clarington Official Plan they have already
been identified as a "conservation protection area".
10.2 The Conservation Authority is recommending a homeowners guide be providing to the
purchasers of the four residential lots. Staff are in support of this recommendation.
10.3 A road widening will be reserved along the Trulls Road and George Reynolds Drive
frontage.
10.4 The redevelopment of this property for residential use is in keeping with the surrounding
residential neighbourhood. The R1-70 zone will require the lots to be developed in
accordance with today's design standards.
10.5 The demolition of the fire station and the removal of the asphalt will occur this fall and
the funds are to be drawn from the Reserve for Municipal Acquisition/Real Estate
Account #100-00-000-00000-2903. The sale of the 4 lots generate funds to be
deposited in the Municipal Acquisition/Real Estate Account to be utilized for future land
acquisitions as the need and opportunity arises.
11.0 CONCLUSIONS
11.1 It is respectfully recommended that the rezoning application submitted by the
Municipality of Clarington be APPROVED.
873
REPORT NO.: PSD-102-08
PAGE 8
Attachments:
Attachment 1 - Location Map
Attachment 2 - Zoning By-law Amendment
Interested parties to be notified of Committee's decision:
Max Vanderheide Helen and Steve Krawchuk
Lorraine Loannou Don Cram
Kim Thompson
Libby Racansky
. Kerry Meydam
874
Attachment 2
To Report PSD-102-08
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 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 2007-0011;
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 th"
zone designation from:
"Agricultural (A)" Zone to "Environmental Protection (EP) Zone";
"Agricultural (A)' Zone to "Holding - Urban Residential Type One ((H) R1-70) Zone";
"Environmental Protection (EP)" Zone to "Holding - Urban Residential Type One ((H)
R1-70) Zone"; and
"Environmental Protection (EP)" Zone to "Agricultural (A) 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 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 Cierk
876
This is Schedule "A" to By-law 2008- ,
passed this day of . 2008 A.D.
,
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W Zoning Change From "EP" To "A"
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877
Cl~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 6, 2008
Report #: PSD-103-08
File #: PLN 34.5.2.90
By-law #:
Subject:
REPEAL OF HERITAGE DESIGNATION
25-27 KING STREET EAST, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-103-08 be received;
2. THAT the Clerk be authorized to prepare the required Notice of Intention to repeal
heritage designation By-law 92-81 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 ome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
()~~ }
Franklin Wu,
Chief Administrative Officer
IUFUdf/lw
30 September 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
878
REPORT NO.: PSD-103-08
PAGE 2
1.0 BACKGROUND
1.1 On March 9th, 1992, Council approved the heritage designation of the property identified
as 25-27 King Street West in Bowmanville under Part IV of the Ontario Heritage Act.
The property is located in Bowmanville's heritage downtown core (Attachment 1).
Heritage designation By-law 92-81, which is included as Attachment 2, specifically lists
the historical significance and the architectural features of the building that supported
the reasons for designation.
1.2 This property is owned by Bethesda House of Mercy. On April 29th, 2008, a fire started
in an adjacent building on King Street West in downtown Bowmanville. The fire caused
severe damage to four heritage buildings. 33 King Street West, 31 King Street West
and 21-23 King Street West were listed in Clarington's heritage inventory as Primary
heritage resources. 25-27 King Street West was a designated building under Part IV of
the Ontario Heritage Act. On Wednesday, April 30th, 2008, an Emergency Order was
issued under the Ontario Building Code by the Chief Building Official which required that
25-27 King Street West and 29-31 King Street West be demolished immediately as they
were considered unsafe and a public hazard.
1.3 When a property is designated by By-law, the by-law is registered on title of the property
and the Clerk adds the property to the register of designated properties within the
municipality. As 25-27 King Street West was a designated building, and as it has now
been demolished, the designation By-law should be repealed. The heritage designation
registered on the property's title should be removed to allow for redevelopment.
Further, the listing of the property should be removed from the Clerk's register of
heritage sites.
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 31 of the Act
879
REPORT NO.: PSD-103-08
PAGE 3
states that where Council intends to repeal a by-law designating a property the Clerk of
the Municipality is to serve Notice of the Intention to repeal 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.
2.2 Council is required to consult with its heritage committee prior to repealing a designation
By-law. The Clarington Heritage Committee will review the repeal of By-law 92-81
during its October 21st, 2008, meeting. It is anticipated that the Clarington Heritage
Committee will not have any objections to the removal of the heritage designation By-
law.
If there is no public objection to the proposed repeal then the Clerk will report back to
Council with a recommendation to repeal the By-law. Any objections to the proposed
repeal will be referred to the Conservation Review Board for a hearing.
3.0 CONCLUSIONS
3.1 It is our understanding that Bethesda House intents to rebuild with an architecturally
sympathetic design that will complement the heritage character of King Street. The new
building will have to meet the building code with regards to accessibility and other
current standards. Staff from the Ministry of Culture has advised that the repeal of a
heritage designation By-law is at the discretion of the municipality. However, should the
heritage attributes listed in the By-law no longer exist on the property, as is the case for
this property, then the Municipality should consider repealing the designation By-law.
Since the building has been demolished the property no longer contains the heritage
attributes listed in the designation By-law (Schedule B of Attachment 2).
3.2 It is recommended that the Clerk prepare, send, and publish the required Notice of
Intention to repeal heritage designation By-law 92-81, pursuant to Section 31 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 92-81
Interested parties to be notified of Council's and Committee's decision:
Clarington Heritage Committee members
Bethesda House of Mercy
Ontario Heritage Trust
Bert Duclos, Heritage Advisor, Ministry of Culture
880
Attachment 1
To Report: PSD-103-GS
tv
W~~
s
Property Location Map (Bowmanville)
~ 25-27 King Street West PLN 34.5.2.90
Attachment 2
To Report PSD-103-08
THE CORPORATION OF THE TOWN OF NBWCASTLB
BY.LAW # lJ2.&
being a by.law to --'IV"'''' the property known for
municipal purposes lIB 27 KIng Street West,
!lowmanviIIe, lIB a property of historic or architectund
value or Interest under the Ontario Heritage Ad.
WHEREAS the Ontario Heritage Act, R.S.O. 1990, C.O.18 IUlthmizeo the counci1 of
the municipality to eoacl by.laws to deoigoale properties to be of historic or
architectural vaJue or Interest for the purpooes of the Act;
WHEREAS the Council of The Corporation of the Town of NewcostIe baa caused to
be IIl!I'Ved upon the owner of the property known for munidpol purposes lIB 27 KIng
Street West, BowmaoviI1e and upon the Ontario Heritage F....-.""". Noti<e of
Intention to Desigoale the aforellllid real property and baa caused 8Ucl1 notice of
intention to be publiabed in the C.ana..1iclI" St....--._n a newspaper having a general.
c:ircuJatioo In the ...... of the doT'''OD, oooe eocl1 week for three CODSeCUtive
weeks, oameJy January 8, January 16 and January 22, 1992; and
WHEREAS the _ for the desigoalioo of the aforesaid property under the
Ontario Heritage Ad; ore contained In Scl1edule 'II" attached to and forming pllI't of
tbia By-laW; and
WHEREAS the Loco! Architectural eo....rvatIoo Advisory Committee of the Town of
Newcutle baa recommended that the property known for mltn~l purpoeea u
27 KIng Street West, Bowmaoville, be '-'IV""ed lIB a property of historic or
architectural vaJue or Interest under the Ontario Heritage Act; and
WHEREAS DO notice of objection to the proposed d..;8"'''~ _ oerved UJlOIl the
CIerIt within the periDd prescribed by the Ontario Heritage Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF NEWCASTLE ,HEREBY ENACTS AS FOLLOWS:
1. The property known for municipal purposes lIB 27 KIng Street East,
Bowmaovme, which ill more partjcuJarly deoc:ribed In Scl1eduIe 'A' whioh is
attached to and forms pllI't of _ by-law, ill hereby deolgoated lIB a property
which baa historic or architectural value or intereot under Section 29 of the
Ontario Heritage Act R.S.O. 1990, C.O.l8.
2. The Solicitor for the Town of Newcastle is hereby authorized to cause a copy
of thi8 by-law to be registered against the title to the property de8cribed In
Schedule ~Au hereto.
S. The Town Clerk ill here by authorized to cause a copy of thi8 by-law to be
oerved upon the owner of the property described in Scl1eduIe 'A' hereto and
on the Ontario Heritage Foundaticn. The Clerk also ill authorized to cause
notice of the passing of thi8 by-law to be pubIisbed In the (,..","'~
Stateomao, a newspaper having general c:ircuJatioo In the are the
dssip1atioo, oooe each week for three CODSeCUtive weeks,
By.law read'; firat and seccod time thi8 8th day of March 1992.
By-law read a third time and finally passed _ 8th day of March 11l92.
";!/<t1/1~~~dU'
882
SCHEDULE . A .
TO BY-LAW 92-81
ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Town of Bowmanville, in
the County of Durham, in the Province of Ontario and being
composed of Part of Lot 7, Block N on the south side of King
Street according to a plan of the said Town of Bowmanville, made
by John Grant, P.L.S., and registered in the Registry Office for
the Registry Division of the West Riding of the County of Durham
on the 20th day of April, 1852, described as follows.
COMMENCING at the north-easterly angle of said Lot 7 at the point
of intersection of the westerly face of a brick wall with the
southerly limit of King Street distant north 67 degrees west a
distance of 193.5 feet from the ~orth-easterly angle of Lot 10,
Block Nl
THENCE north 69 degrees 54 minutes west along the northerly limit
of said Lot 7 a distance of twenty-five and eight one-hundredths
feet (25~08') to the point of intersection with the westerly face
of a brick wall forming part of the easterly limit of the lands
herein described;
THENCE south 17 degrees 58 minutes west along the westerly face
of said wall and its production southerly a distance of one
hundred and seventeen and sixty-three one hundredths feet
(177.63') more or less to an iron bar planted in the northerly
limit of the southerly forty-four (44') of said Lot 71
THENCE north 71 degrees 40 minutes west along the said limit a
distance of seventeen and forty-six one-hundredths feet (17.48')
to an iron bar planted in the southerly extension of the centre
line of the westerly wall of the premises adjacent in the land
herein described I
THENCE south 17 degrees 35 minutes west along the said extension
a distance of twenty-seven and eighty-three one-hundredths feet
(27.83') to an iron barl
THENCE south 71 degrees 40 minutes east parallel to the southerly
limit of said Lot 7 a distance of forty-two and fifty-eight one-
hundredths feet (42.58') to an iron bar planted in the easterly
limit of said Lot 71
THENCE north 71 degrees 52 minutes east along the easterly limit
of said Lot 7 a distance of one hundred and forty-four and seven-
tenths feet (144.7') more or less to the POINT OF COMMENCEMENT.
883
-~.'!' .
~ '.
BCBEDULE "B"
TO BY-LAW IJS.81
27 King Street West, Bowmanvil1e bas . very ..Il"........ historic or orcbitecturaI
value or interest to the Town of Newcastle and ita people in that the property has
been home to commercial activity in Bowmanvil1e since the 1860'0 and during the
1860'0 the second lIoor of the otructure was uaed as one of the _ offices of the
Bell Telephone Co_. The following features.... d""'1l""'-! as being of
ercbitectural vaJue;
~
L Ruaning bcmd pattem masonry;
2. Deeorathe pilaslers;
8. Keyslo!le8;
. 4. The segmentally erohed windows of the seoond IIoor; and
8. Comioe witb dlstInctlve fretwork and bnocketa; and
IDl!rl2!:
1. Pine flooring; and
2. Tongue and groove panelling on both ceiling and walla.
884
CI~gron
REPORT
ENGINEERING SERVICES DEPARTME
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, October 6, 2008
Resolution #:
Report #: EGD-040-08
File#:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2008.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-040-08 be received for information.
S"bm""", by, ~
A. S. Cannella, C.E.T.
Director of Engineering Services
Reviewed b .
jj ranklin Wu
7lJ Chief Administrative Officer
ASC*RP*bb
September 17, 2008
CORPORATION OF THE MUNICIPALITY OF CLARIN(
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623
901
REPORT NO.: EGD-040-08
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of AUGUST 2008, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF AUGUST
2008 2007
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007
Residential 66 $11,883,775 66 $10,520,246 13.0%
Industrial 2 $5820000 0 $0 N/A
Government 0 $0 0 $0 N/A
Commercial 3 $120,000 1 $731,790 -83.6%
Institutional 1 $1,316,000 6 $116,400 1,030.6%
Agricultural 2 $397,428 5 $1,719,305 -76.9%
Demolition 5 $0 6 $0 N/A
TOTAL 79 $19,537,203 84 $13,087,741 49.3%
YEAR TO DATE
2008 2007
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2008-2007
Residential 586 $105,073,871 603 $102,125,627 2.9%
Industrial 7 $22,360,056 10 $6,576,800 240.0%
Government 3 $3,175,000 0 $0 N/A
Commercial 32 $2.583,151 37 $14,083,219 -81.7%
Institutional 10 $4,446,000 11 $1,356,300 227.8%
Agricultural 17 $5,951,388 20 $5,322,393 11.8%
Demolition 24 $0 29 $0 N/A
TOTAL 679 $143,589,466 710 $129,464,339 10.9%
902
REPORT NO.: EGD-040-08
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant
OPG-DNGS
KAWARTHA PINE RIDGE DISTRICT
SCHOOL BOARD
NANCY MALLETTE
Construction Type Location
Modify existing auditorium to
accomodate
Addition to Existing School
(Waverley P.S.)
Greenhouse
Value
$5,800,000
2151 SOUTH SERVICE ROAD,
DARLINGTON
168 WAVERLEY ROAD,
BOWMANVILLE
3745 HIGHWAY 2, CLARKE
$1,316,000
$385,428
903
REPORT NO.: EGD-040.08
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "AUGUST"
and "YEAR TO DATE".
Dwelling Unit Type "AUGUST" 2008
o 0
T Qwnhouse
0% Apartment
0%
Dwelling Unit Type "YEAR TO DATE 2008"
3
Apartment
1%
49
Townhouse
11%
8
Semi-
Detached
18%
38
Single
Detached
82%
70
Semi.
Detached
16%
III Single Detached 36
III Semi-Detached 8
o Townhouse 0
o Apartment 0
308
Single
Detached
72%
.. Single Detached 308
III Semi-Detached 70
o Townhouse 49
o Apartment 3
The following is a historical comparison of the building permits issued for the month of
"AUGUST" and "YEAR TO DATE" for a three year period.
Historical Data for Month of "AUGUST"
$150,000,000
$25,000.000 $145,000,000
$140,000,000
$20,000,000 $135,000,000
$15,000,000 $130,000,000
$125,000,000
$10,000,000 $120,000,000
$5,000,000 $115,000,000
$110,000,000
$0 $105,000,000
II Value IIValue
Historical Data "YEAR TO DATE"
904
! REPORT NO.: EGD-040-08 PAGE 5
i
PERMIT REVENUES
2008 2007
August Year to Date August Year to Date
PERMIT FEES $ 105,417 $ 917,403 $ 94,075 $ 980,934
INSPECTION SERVICES
2008 2007
. August Year to Date August Year to Date
Building Inspections 90 2,025 548 3,986
Plumbing & Heating Inspections 115 2,560 619 3,683
Pool Enclosure Inspections 0 0 0 0
TOTAL 205 4,585 1,167 7,669
NUMBER OF NEW RESIDENTIAL UNITS
2008 2007
August Year to Date August Year to Date
Single Detached 36 308 33 290
Semi-Detached 8 70 0 86
Townhouse 0 49 0 50
Apartments 0 3 2 3
TOTAL 44 430 35 429
905
REPORT NO.: EGD-040-0B
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2008
(to end of 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998
AREA August)
Bowmanville 242 451 608 307 587 468 345 312 188 184 313
Courtice 103 82 126 241 173 180 133 129 231 296 254
Newcastle 40 77 84 202 191 123 131 76 110 78 4
Wilmot Creek 23 16 15 15 25 29 38 24 19 21 33
Orono 2 1 1 1 2 0 1 0 0 1 0
Darlington 7 6 7 14 15 13 17 47 102 31 14
Clarke 2 11 12 13 10 16 15 9 17 17 12
Burketon 0 0 0 1 1 1 1 0 1 0 1
Enfield 0 0 0 0 0 0 0 0 0 0 0
Ennlskillen 0 0 1 1 1 0 2 5 7 6 3
Hampton 0 1 1 0 0 3 3 1 1 2 1
Haydon 0 0 0 0 0 0 0 0 0 1 1
Kendal 0 1 0 0 1 0 3 2 0 1 0
Kirby 0 0 0 0 0 0 0 0 0 0 0
Les kard 0 0 0 0 0 0 1 0 0 1 0
Maple Grove 0 0 0 0 0 1 0 0 0 0 0
Mitchell Corners 0 1 0 0 1 0 0 0 0 0 0
Newtonville 6 2 2 4 5 3 3 0 3 1 0
Solina 0 6 3 3 3 3 1 1 0 0 0
Tyrone 5 0 0 0 0 3 9 3 0 0 0
TOTALS 430 655 860 802 1,015 843 701 609 679 640 636
906
CI![mglOn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
October 6, 2008
Resolution #:
Report #: EGO-041-08
File#:
By-law #:
Subject:
TSH MERGER WITH AECOM CANADA LIMITED - AMENDMENTS TO
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES AND
RELATED AMENDMENTS TO THE PURCHASING BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT report EGO-041-08 be received;
2. THAT amendments to the Agreement for Professional Consulting Services between
the Corporation of the Municipality of Clarington and Tottem Sims Hubicki (1991)
Limited by replacing the corporate name "Totten Sims Hubicki Associates (1991)
Limited" and the letters "TSH" with "Aecom Canada Limited" wherever the former
corporate name and letters appear and the other amendments referred to in this
Report, be approved;
3. THAT a by-law be passed (Attachment 2) to authorize the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington to execute a Professional Consulting
Services Agreement with Aecom Canada Limited in the form and with the content of
the Agreement contained in Attachment 1 which contains the amendments referred
to in Recommendation 2; and
4. THAT a by-law (Attachment 3) be passed to amend Sections 1 and 28 of the
Purchasing By-law 2006-127 as recommended in section 5.3 of this Report.
CORPORATION OF THE MUNICIPALITY OF CLAR~ON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-041-08
PAGE 2
Respectfully by,
o~~~
Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S. Cannella
Director of Engineering Services
ASC/jb
September 15. 2008
908
REPORT NO.: EGD-041-08
PAGE 3
1.0 BACKGROUND AND PURPOSE
1.1 Clarington's principal engineering and related professional services consulting firm,
Totten Sims Hubicki Limited ("TSH"), has been acquired by Aecom Technology
Corporation. As of October 1, 2008, the services now provided by TSH to the
Municipality, will be provided by the same staff operating under the corporate name
Aecom Canada Limited ("Aecom Canada"). This Report recommends that Council
approve amendments to the current Agreement for Professional Consulting Services
between the Municipality of Clarington and Totten Sims Hubicki Associates (1991)
Limited dated September 1, 1993 ("TSH Agreement") and pass amendments to the
Purchasing By-law 2006-127 to the change in the corporate name to "Aecom Canada
Limited". Amendments to the Agreement for Professional Consulting Services are
necessary because Aecom Canada and Totten Sims Hubicki Associates (1991) Limited
are separate legal persons. The TSH Agreement does not permit it to be assigned
without the consent of the Municipality and TSH.
1.2 Certain technical amendments have been made to update the terms of this Agreement
including an increase in the amount of the liability insurance that is required to be
consistent with the Municipality's current insurance requirements.
1.3 Amendments to the Purchasing By-law are necessary because Sections 1 and 28 of
this by-law now refer to the TSH Agreement since the services now provided by TSH
will be provided by Aecom Canada from October 1, 2008, Sections 1 and 28 of the
Purchasing By-law will need to be amended to reflect this fact.
1.4 TSH's key staff who now provide consulting services to the Municipality will continue to
do so after October 1, 2008, operating under the corporate name of Aecom Canada.
1.5 The recommended amendments both to the Agreement and the Purchasing By-law
referred to above are essentially of a housekeeping nature.
909
REPORT NO.: EGD-041-08
PAGE 4
2.0 INTRODUCTION
2.1 The Municipality and TSH have shared a professional relationship since the
incorporation of the Municipality on January 1, 1974 prior to the incorporation of the
Municipality. TSH provided consulting services to the former Townships of Clarke and
Darlington.
2.2 TSH has responded effectively and expeditiously to the needs of the Municipality's
increasing population and infrastructure requirements by providing a broad range of
professional consulting services to the Municipality in respect of public works
undertaken by the Municipality. The services provided by TSH also include assisting the
Municipality's staff in the preparation of background studies related to the passing of
Development Charges By-laws. Their work has been essential in the preparation of
these background studies.
3.0 BENEFITS FROM THE RELATIONSHIP WITH TSH
3.1 TSH's accumulated experience with the implementation of Clarington's public works
programs have allowed TSH's staff to gain an intimate knowledge of the Municipality's
infrastructure. This knowledge is put to use with each new project undertaken for the
Municipality by minimizing the need to research existing infrastructure and by enabling
TSH's staff to conceptualize solutions based on a fully integrated understanding of the
Municipality's current and historical needs.
3.2 TSH has been successful in completing assignments on schedule and on budget. I fully
expect that Aecom Canada will continue to do so after October 1, 2008. Cost-effective
services have been provided by TSH. I expect that after October 1, 2008, Aecom
Canada will also provide cost-effective services.
3.3 Very importantly, TSH has worked diligently to liaise with residents affected by projects
in which it has been involved, during both design and construction phases, to ensure
that all issues and concerns are dealt with in the most satisfactory manner possible. The
result of this effort has provided TSH with an excellent track record in community
relations, one that is confirmed in the minimal number of calls and concerns the
Municipality has received from residents as a result of TSH projects over the years. I
910
REPORT NO.: EGD-041-08
PAGE 5
expect that Aecom Canada will match TSH's track record in this regard after October 1,
2008.
4.0 AECOM CANADA
4.1 In addition to TSH, Aecom Technology Corporation has acquired other consulting
companies which provide related professional consulting services under the names
UMA, GLL, Cansult, KMK and Earth Tech. Each of them will also operate as part of
Aecom Canada. As a result, Aecom Canada will be one of the largest group of
engineers, architects, planners, technologists, technicians and support staff available to
clients within Ontario.
4.2 As is currently the case with TSH, Aecom Canada will continue the practice of reviewing
with the Director of Engineering Services, on a case by case basis, any potential work
for private sector clients and other levels of government whose jurisdiction
encompasses the Municipality of Clarington, to ensure that no conflict of interest will
arise.
5.0 PURCHASING BY-LAW 2006-127 AMENDMENTS
5.1 Section 28 of the Purchasing By-law provides that:
"For clarity, none of the provisions of this By-law is intended to or shall be
deemed to affect any provisions of, or the rights, obligations and responsibilities
of the parties to the TSH Agreement including the responsibilities of the official of
the corporation named in the TSH Agreement."
5.2 Section 1 of the By-law defines "TSH Agreemenf' to mean the agreement between the
Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1,
1993.
5.3 If Council approves my recommendation in effect to replace the corporate name of
"Totten Sims Hubicki Associates (1991) Limited" with the corporate name of "Aecom
Canada Limited", similar amendments should be made to Sections 1 and 28 of the
Purchasing By-law.
911
REPORT NO.: EGD-041-08
PAGE 6
6.0 RECOMMENDATIONS
6.1 I recommend that Council approve amendments to the Agreement for Professional
Consulting Services between the Corporation of the Municipality of Clarington and
Totten Sims Hubicki Limited to replace "Totten Sims Hubicki (1991) Limited" with
"Aecom Canada Limited" wherever the former corporate name appears and the other
amendments referred to in this Report.
6.2 I recommend that Council authorize the execution of a new Agreement with Aecom
Canada Limited which incorporates these amendments. A copy of the recommended
Agreement for Professional Consulting Services with Aecom Canada Limited is
contained in Attachment 1 to this Report.
6.3 I recommend that the Purchasing By-law 2006-127 be amended as set out in section
5.3 of this Report.
Attachments:
Attachment 1 - Recommended Professional Consulting Services Agreement with Aecom
Canada Limited
Attachment 2 - By-law to authorize the execution of the Professional Consulting Services
Agreement with Aecom Canada Limited
Attachment 3 - By-law to amend Purchasing By-law 2006-127
List of I nterested Parties:
912
ATTACHMENT NO,: 1
REPORT NO,: EGD-04H18
PAGE 1 OF 13
AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES
MEMORANDUM OF AGREEMENT dated the 14th day October AD. 2008
-BETWEEN-
THE CORPORATION OF TIlE MUNICIPALITY OF CLARlNGTON
(hereinafter called the "Client")
THE PARTY OF THE FIRST PART
-AND-
AECOM CANADA LIMITED
(hereinafter called the "Consultant")
THE PARTY OF THE SECOND PART
WHEREAS the Client intends to retain the Consultant to provide Professional Eogineering Services for
various Municipal Projects on a continuous basis and as specifically assigned by the Director of
Engineering Services the Consultant agrees to furnish professional services in connection therewith;
NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the
Client and the Consultant mutually agree as follows:
ARTICLE 1 - GENERAL CONDITIONS
1.01 Retainer
The Client hereby retains the services of the Consultant in connection with the specific Projects
and the Consultant hereby agrees to provide the services described herein under the general
direction and control of the Client
In this Agreement the word Consultant shall mean professionals and other specialists employed
by the Client,
913
2
1.02 Services
The services to be provided by the Consultant and by the Client for the Projects are generally set
forth in Article 2.
1.03 Compensation
The Client shall pay the Consultant in accordance with the provisions set forth in Article 3.
1.04 Staff and Methods
The Consultant shall use current state of the art principles and shall skillfully and competently
perform the Services and shall employ only skilled and competent sta<<who will be under the
supervision of a senior member of the Consultant's staff.
1.05 Drawings and Documents
Subject to Section 3.2.3 of Article 3, drawings and documents or copies thereof required for the
Projects shall be exchanged between the parties on a reciprocal basis. Documents prepared by
the Consultant for the Client may be used by the Client, for the Projects including "as built"
records. The Client has ownership of the drawings.
1.06 Patents
All concepts, products or processes produced by or resulting from the Services rendered by the
Consultant in connection with a Project, or which are otherwise developed or first reduced to
practice by the Consultant in the performance of his Services, and which are patentable, capable
of trademark or otherwise, shall be and remain the property of the Consultant.
The Client shall have permanent non-exclusive royalty-free license to use any concept, product
or process, which is patentable, capable of trademark or otherwise produced by or resulting from
the Services rendered by the Consultant in connection with the Project and for no other purpose
or project.
1.07 Records and Audit
(a) In order to provide data for the calculation off... on a time basis, the Consultant shall keep a
detailed record of the hours worked by and salaries paid to his staff employed for the
Projects.
(b) The Client may inspect and audit the books, payrolls, accounts and records of the Consultant
during regular office hours with respect to any item which the Client is required to pay on a
time scale or disbursement basis as a result of this Agreement.
(c) The Consultant, when requested by the Client, shall provide copies of receipts with respect to
any disbursements for which the Consultant claims payment under this Agreement.
914
3
1.08 Suspension or Termination
The Client may by providing 30 days notice in writing to the Consultant suspend or terminate the
Services or any portion thereof at any stage of the undertaking. Upon receipt of such written
notice, the Consultant shall perform no further Services other than those reasonably necessary to
close out his Services.
1.09 lndemnilieation
The Consultant shall indemoify and save harmless the Client from and against all claims, actions,
losses, expenses, costs or damages of every nature and kind whatsoever whieh the Client, his
employees, officers or agents may suffer as a result of the negligence of the Consultant, his
employees, officers or agents in the performance of this Agreement
The Client agrees to hold harmless, indemoify and defend the Consultant from and against any
and all claim, losses, damages, liability and costs of defense arising out of or in any way
connected with the presence, discharge, release or escape of contaminants of any kind, excluding
only such liability as may arise out of the negligence of the Consultant in the performance of
consulting services to the Client within this project
1.10 lnsurance and Linalt of Liability
The Client will accept the insurance coverage specified in this clause as the limit ofliability of
the Consultant.
a) Comprehensive General Liability and Automobile Insurance
The Insurance Coverage shall be $5,000,000.00 for Commercial General Liability and
$5,000,000.00 for Non-Owned Automobile Insurance. The Client shall be added to the
Consultant's Comprehensive General Liability and Non-Owned Automobile Insurance as an .
Additional Insured respecting insured activities or events related to the performance by the
Consultant of its duties under this Agreement. When requested the Consultant shall provide
the Client with proof of Comprehensive General Liability and Automobile Insurance
(Inclusive Limits) for both owned and non-owned vehicles.
b) Professional Liability Insurance
The Insurance Coverage shall be in the amount of $5,000,000.00 for Professional Liability
Insurance. The Client shall be added to the Consultant's Professional Liability Insurance
respecting activities or events related to the performance by the Consultant of its duties under
this Agreement When requested the Consultant shall provide to the Client proof of
Professional Liability Insurance carried by the Consultant, and in accordance with APEO
Act, 1984 and Regulations therein.
c) Change in Coverage
If the Client requests to have the amount of coverage increased or to obtain other special
insurance for a specific Project then the Consultant shall endeavour forthwith to obtain such
increased or special insurance at the Client's expense as a disbursement allowed under
Section 3.2.3.
915
4
It is understood and agreed that the coverage provided by these policies will not be changed
or amended in any way nor cancelled by the Consultant until (30) days after written notice of
such change or cancellations has been personally delivered to the Client.
1.11 Contracting for Construction
Neither the Consultant nor any person, firm or corporation associated or affiliated with or
subsidiary to the Consultant shall tender for the constroction of a Project, or have an interest
either directly or indirectly in the constroction of the Project.
1.12 Assignment
Neither party may assign this Agreement without the prior consent in writing of the other.
1.13 Previous Agreements
This Agreement supersedes all previous agreements, arrangements or understandings between
the parties whether written or oral in connection with or incidental to the Project.
1.14 Approval by Other Authorities
Unless otherwise provided in this Agreement, where the work of the Consultant is subject to the
approval or review of an authority, department of government, or agency other than the Client,
such applications for approval or review shall be the responsibility of the Consultant, but shall be
submitted through the offices of the Client and unless authorized by the Client, such applications
for approval or review shall not be obtained by direct contact by the Consultant with such other
authority, department of government or agency.
1.15 SpeclaUzed Services
The Consultant may engage others for specialized services provided that prior approval is
obtained, from the Client and may add a mark-up of not more that 5% of the cost of such
services to cover office administration costs when claiming reimbursement from the Client, plus
the cost of the edditional insurance incurred by the Consultant for the specialized services.
1.16 Inspection
The Client, or persons authorized by the Client, shall have the right, at all reasonable times, to
inspect or otherwise review the Services performed, or being performed, under a Project and the
premises where they are being performed.
1.17 Publication
The Consultant agrees to obtain the consent of the Client before publishing or issuing any
detailed information regarding a Project.
1.18 Confidential Data
916
5
The Consultant shall not divulge any specific information identified as confidential,
communicated to or acquired by him, or disclosed by the Client in the course of carrying out the
Services provided for berein. No such information shall be used by the Consultant on any other
project without the approval in writing of the Client.
1.19 Arbitration
(a) Any dispute, difference or disagreement between the parties hereto in relation to the
Agreement may, with the consent of both parties, be referred to arbitration.
(b) No person shall be appointed to act as arbitrator who is in anyway interested, financially or
otherwise, in the conduct of the work on the specific Project or in the business or other affairs
of either the Client or the Consultant.
(c) The award of the arbitrator shall be linal and binding upon the parties.
(d) The provisions of the Arbitration Act, S.O., 1991, c.17, as amended shall apply.
1.20 Time
The Consultant shall perform the Services expeditiously to meet the requirements of the Client
and shall complete any portion or portions of the Services in such order as the Client may require
and the Client shall have the right to take possession of and 'use any completed or partially
completed portions of the Work notwithstanding any provisions expressed or implied to the
contrary.
The Client shall give due consideration to all designs, drawings, plans, specifications, reports,
tenders, proposals and other information submitted by the Consultant, and shall make any
decisions which he is required to make in connection therewith within a reasonable time so as
not to delay the work of the Consultant.
1.21 Estimates, Schedules and Staff List
1.21.1 Preparation ofEst1mate of Fees, Schedule of Progress and Staff List
When requested by the Client, the Consultant shall within fourteen days of the execution of this
Agreement provide, for approval by the Client:
(a) A staff list showing the number, classifications and salary ranges of staff andlor hourly rate
ranges for Principals and Executives, for which the Consultant win seek payment on a time
basis. The Consultant shall relate such information to the particular type of work that such
staff is to perform, while employed on Projects. Such list shall designate the member of the
Consultant's staff who is to be the liaison person between the Consultant and the Client.
1.21.2 Monthly Reporting of Progress
When requested by the Client, the Consultant shall provide the Client with a written report
showing the portion of the Services completed in the preceding month.
917
6
ARTICLE 2 - SERVICES
2.1 Consultant's Services for Preliminary Design
The Consultant shall provide the services for the preliminary design of projects and such work
shall include the following, unIells already covered during a feasibility study:
I. Preparation and recommendation of alternative concepts and delligns considering geometries.
property, cost and environmental features.
2. Development and recommendation of horizontal and vertical alignments for the Project on a
plan scale acceptable to the Client.
3. Proposed typical sections for the roadway, structurell, rights-of-way, entrances, intersecting
roads and other cross section elements.
4. Preparation of a design criteria.
5. Existing soils data shall be assembled and evaluated.
6. Preparation and distribution of minutes of Project meetings.
7. Correllpondence with governmental ministries, agenciell and other public authorities for
design information.
8. General drsinage requirements.
9. Preliminary property right-of-way requirements.
10. Majority utility installations and adjustments.
II. Survey work necessary for the provision of services herein and,
a) For the asSellsment and verification of feasibility of engineering alternativell considered
for the Project.
b) To provide sufficient survey reference points clear of the expected construction area to
allow future re-establishment of the alignment proposed for the Project.
c) To establish elevation control bench marks clear of the expected construction area
sufficient to allow referencing of further detailed elevation information, and the
development and control of elevations of the Works to be constructed under the Project.
12. Preparation of structural site plans with necessary geometric design data for structural design
pUIposes and preliminary project cost estimates.
918
7
2.2 Client's Services for Preliminary Design
The Client shall provide the Consultant with documentation (if available) described as follows:
1. Functional Study or Predesign Investigation undertaken for the WoIle.
2. Access to and the use of existing plans, profiles, utility information, legal documents and
correspondence relevant to the Work.
3. Traffic information.
4. Available Traffic or Transportation Study Reports of the area.
5. Available Functional Planning, Preliminary Design Reports and/or drawings of adjoining
Projects.
6. General direction of the Consultant in the provision of services and approvals from time to
time as necessary during the currency of this agreement. .
The Consultant shall be entitled to rely upon the information, direction and approvals provided
by the Client pursuant to Clauses (I) to (6) hereof, inclusive, as being accurate, in the
performance of the Consultant's services under this Agreement.
2.3 Consultant's Services for Detailed Design
The services to be provided by the Consultant in the execution of the design for specific Projects
shall include:
I. Expertise required for the design of the structure and all roadways and facilities to serve the
best interests of the public, with due regard for environmental concerns, capital cost and
operating efficiency in accordance with current state of the art and acceptable standards
established by the Client and regnlatory authorities.
2. Field survey work required after the design criteria and functional alignment have been
established, which shall include all survey work necessary for the estimating of quantities,
the detailed setting of alignment and grade to fit controlling natural and artificial topographic
and underground features, the design of culvert, ditches, drains and storm sewers and the
positioning of all appurtenances associated with the construction of the Project.
3. Investigation and confirmation of the present location of all shove ground utilities, updating
of the Client's plans and profiles to show the present location and the proposed location, and
preparation of additional drawings required for alternative utility relocation as required by
the Client subject to Clause 5 of Section 2.4.
Underground utilities are to be indicated on the plans and proflles in accordance with
information submitted by the respective utility.
919
8
4, The preparation and submission of preliminary drawings, investigations, and
recommendations to the Client, on such alternatives or modifications to the Project that the
Consultant in his professional judgment, deems advantageous to the Client. '
5, The preparation of appropriate plans showing any lands or interests in land required for the
Project,
6, Advising the Client of the need to seek permission to enter private lands for investigation
purposes,
7. Participation in a reasonable number of meetings for informative, negotiative or presentative
purposes with the Client in connection with the services provided under this Agreement, after
the establishment of the design criteria and functional alignment.
8, The preparation of contract documents for the Project including the detailed construction
drawings, tender quantity forms, material lists, specifications and information to bidders,
9, The preparation of detailed quantity and cost estimates, sundry engineering and materials,
10, The provision of one complete set of tendering documents and one complete set of
reproducible drawings for the Project.
11, The preparation of reinforcing steel bar lists for structures,
12. The ~bmission of plans, specifications, schedules, and applications for approval to the client
and to appropriate authorities, as required, Attend meetings at the offices of these public
authorities to discuss designs and to provide explanations for the purpose of furthering the
applications towards approval.
\3, Advice and consultation to the Client in the advertising, receiving and evaluation of bids, and
awarding of a contract for construction,
2.4 Client's Serviees for Detailed Design
The Client shall provide the Consultant with documentation (if available) described as follows:
1. Access to and, where necessary. copies of existing plans, profiles or other topographic
information showing or pertaining to existing conditions within the Project area.
2. Registered land plans, legal documents and surveys, where necessary, defining the property
limits of existing rights-of-way and other parcels of land affected by the Project, and as
required in the acquisition of property and lands for the Project.
3, General direction of the Consultant in the provision of the services,
4. Soils, foundation and hydrological reports where required, for the proper design of the
Project,
5. Any information regarding utilities necessary for the preparation of the plans referred to in
Section 2.3 in the possession of the Client.
920
9
6. Arrange and make provision for the Consultant's entry and ready access to property (public
and private) as well as to the site of the Project, as necessary to enable him to perform his
services.
7. Designate in writing an individual to act as his Representative who will transmit instructions
to and receive information from the Consultant
The Consultant shall be entitled to rely upon the information, direction and approvals provided
by the Client pursuant to Clauses I through 5 hereof, inclusive, as being accurate, in the
performance of the Consultant's services under this agreement.
2.5 Consultant's Services for Construction Administration
The Consultant, on behalf of the Client, provides a review of the work during construction. The
Contractor is responsible for discharging his obligations under the terms and conditions of the
construction contract. The performance of the Contract is not the Consultants responsibility nor
are his review services rendered for the Contractor's benefit. The Contractor is responsible for
the quality of the work. It is understood that only work which has actually been seen during
examination of representative samples can be said to have been appraised, and comments on the
balance of the work are assumptions based upon extrapolation.
The extent of the Consultant's duties of general review are as follows:
<a) Administrative Services
I. Consultation in the tendering of a contract for Projects.
2. The review, modification and approval of the Contractor's construction schedule, the
processing of progress and final payment certificates for the work, and the preparation
and submission of work progress reports to the Client at such time and in such form and
detail as the client may require.
3. The review and checking of formwork drawings and proposed construction methods as
warranted, to ensure that the Contractor's drawings and methods comply with the design
requirements for the Project.
4. Consideration and recommendation in respect to altematives of construction methods or
material proposed by the Contractor, and preparation of change orders.
5. Review shop drawings submitted to the degree necessary to ensure they conform with the
design requirements and contract documents.
6. Recommend on the validity of charges for additions or deletions and recommend on the
issue of change orders.
(b) Field Administration
I. Direction of the Consultant's field staff, and review of the Contractor's work to ensure
compliance with the plans and specifications.
921
10
2. Surveying and field stakeout for the layout control points, and calculation of pay
quantities for the work.
3. Calculation and recording of quantities, and the preparation of progress and final
payment certificates prescribed by the Client, together with the compilation of such
survey notes, diaries, records and reports substantiating such certificates during
constroction and on completion of the work.
4. Arranging, preparing and shipping for testing materials supplied by the Contractor for
incorporation in the work, and the review of test results and judgment of acceptability of
said materials.
5. On-site tests during the constroction of the work to verify acceptability according to the
specifications.
6. The assignment of the necessary field inspectors to perform such field operations
necessary in the provision of the foregoing construction administration services.
7. Investigating, reporting and recommending on unusual circumstances which may arise
during construction.
8. Carrying out final inspection at the conclusion of the constroction contract.
9. The preparation and submission to the Client of one complete set of reproducible, revised
contract drawinga showing the'as constructed' Project, to the extent requested by the
Client and to the extent possible from information provided by the Contractor or
otherwise patently visible. Consultant is not responsible for the accuracy or
completeness of field change information supplied (or to have been supplied) by persons
not in the Consultant's employ.
2.6 Client's Services for Constrnelion Administralion
The Client shall provide the Consultant with the following services notwithstanding that, should
the Client be unable to provide any of the services hereunder, they may be assigned to the
Consultant.
I. Supplementary factors governing the Contractor's operations, such as by-laws, property
considerations, maintenance of public services and traffic.
2. General direction of the Consultant in the provision of the services.
3. Arrange and make provision for the Consultanfs entry and ready access to property (public
and private) as well as to the site of the work, as necessary to enable him to perform his
Services.
4. Designate in writing an Individual to act as his Representative, who will transmit instructions
to, and receive information from, the Consultant.
922
11
The Consultant shall be entitled to rely upon the information, direction and approvals provided
by the Client pursuant to Clauses 1 through 4 hereof, inclusive, as being accurate, in the
performance of the Consultant's services under this Agreement.
2.7 Consultant Services for Review of Plans of Subdivision and Development Site Plans
The Consultant shall review and provide comment to the Client on Plans of Subdivision and Site
Plans prepared by Developers andlor their Consultant. The extent of the review shall be as
directed by the Client.
2.8 Consultant Services
The Consultant shall provide advisory services and prepare reports as directed to assist the Client
on projects as requested. This may include surveying, negotiations to purchase property,
computer services, road needs study, development charges, transportation reports, master
stormwater drainage reports or anY project associated with Engineering, Architectural and Urban
Planning disciplines.
2.9 Environmental Assessments
The Consultant shall perform duties and prepare reports as required under Provincial Regulation
of the Environmental Assessment Act.
ARTICLE 3 - FEES AND DISBURSEMENTS
3.1 Defmitions
For the purpose of this Agreement, the following definitions shall apply:
(a) Payroll Cost
Payroll Cost is defined as hourly salary plus payroll burden of26.32% to cover vacation,
statutory holidays, health and medical insurance, group life and disability insurance,
company and Canada pension employer contributions, Workers' Compensation and
Unemployment Insurance, but excluding bonuses or profit abaring.
3.2 Basis of Payment
3.2.1 Fees Calculated on a Time Basis
3.2.1.1 The Client shall pay the Consultant a fee, calculated on a time basis, for that part of the Services
described in Article 2. Fees on a time basis shall be as follows:
(a) Staff on normal assiguments - Payroll Cost plus 70%.
3.2.1.2 Time Expended
All time expended on assiguments, whether in the Consultant's office, at the Client's premises,
or elsewhere, and including travel time, shall be chargeable. This also includes, but is not
923
12
limited to, stenographic and clerical staff engaged in the preparation of docwnents such as
reports, and specifications.
3.2.2 Computer Services
Computer services, except where a computer is used for design under the percentage fee scale or
for the Consultant's normal office administration, shall be considered a reimbursable expense.
3.2.3 Reimbursable Expenses
!o addition to the fee, the Consultant shall be reimbursed at cost for all expenses properly
incurred by him in connection with projects, including but not limited to: vehicle use charges,
travelling and living expenses, long distance telephone charges, teletype and telegraph charges,
printing and reproductions, progress photography, advertising for tenders, special delivery and
express charges, overtime premium costs, and the cost of providing and maintaining site offices,
supplies and equipment, approved special consultations, subsurface investigations, legal surveys,
chemical and physical tests.
3.3 Payment
3.3.1 Fees Calculated on a Time Basis
The Consultant shall submit an invoice to the Client for all Services completed in the
immediately preceding month. !oterest at the annual rate of Nil per month on overdue accounts.
924
13
IN WITNESS WHEREOF the parties hereto have caused to be executed these presents by
their officers properly authorized in that behalf on the day and year first above written.
CONSULTANT:
AECOM CANADA LIMITED
Per:
Name:
Office:
Per:
Name:
. Office:
J/W e have the authority to bind the Corporation.
CLIENT:
THE CORPORATION OF THE MUNICIPALITY OF cLARlNGTON
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
We have the authority to bind the Corporation.
925
ATTACHMENT NO.: 2
REPORT NO.: EGO-041-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-XXX
being a by-law to authorize the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington to execute
an Agreement for Professional Consutting Services between
the Municipality of Clarington and Aecom Canada Limited
WHEREAS at its meeting on October 14th, 2008, Council of the Municipality of
Clarington received and approved Report EGO-041-08 entitled "TSH merger with
Aecom Canada - Amendments to Agreement for Professional Consulting Services with
TSH and related amendments to the Purchasing By-law";
NOW THEREFORE BE IT RESOL VEO THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington
are authorized to execute an Agreement for Professional Consulting Services
between the Municipality of Clarington and Aecom Canada Limned in the form
and with the content of the Agreement contained in Attachment 1 to Report EGO-
041-08.
By-law read a first and second time this 14th day of October, 2008.
By-law read a third time and finally passed this 14th day of October, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
926
ATTACHMENT NO.: 3
REPORT NO.: EGD-041-08
THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON
BY-LAW NO. 2008-XXX
being a by-law to amend the Purchasing By-law 2006-127
WHEREAS at its meeting on October 14, 2008, Council of the Municipality of Clarington
received and approved Report EGD-041-08 entttled "TSH merger with Aecom Canada-
Amendments to Agreement for Professional Consutting Services with TSH and related
amendments to the Purchasing By-law";
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Section 1 of the Purchasing By-law 2006-127 be deleted and replaced
with the following:
"Aecom Canada Agreement - means the Agreement for Professional
Consulting Services between the Corporation and Aecom Canada Limited
dated September 29, 2008."
2. THAT Section 28 of the Purchasing By-law 2006-127 be amended by deleting
"TSH Agreement" from its heading and text and replacing these references with
"Aecom Canada Agreement" wherever the term "TSH Agreement" appears.
By-law read a first and second time this 14"' day of October, 2008.
By-law read a third time and finally passed this 14"' day of October, 2008.
Jim Abemethy, Mayor
Patti L Barrie Municipal Clerk
927
ClJJ!mglOn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Resolution #:
Report #: EGD-043-08
File #: B.01.10.030 By-law #:
Subject:
VELTRI GARDENS SUBDIVISION, BOWMANVILLE, PLAN 40M-21 07,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-043-08 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other
related Works, constructed within Plan 40M-2107; and
3. THAT Council approve the by-laws attached to Report EGD-043-08, assuming
certain streets within Plans 40M-2107 and 10M-800 as public highways.
Respectfully by,
S"bm_ by /Iff~
A.S. Cannella, C.E.T.
Director of Engineering Services
(/)~,~/
Reviewed by: '- ~
Franklin Wu
Chief Administrative Officer
ASC/NAC/dv
September 23, 2008
928
REPORT NO.: EGD-043-08
PAGE 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered October 10, 2002, with Veltri And Son Limited to develop
lands by plan of subdivision, located in Bowmanville and described as Plan 40M-
2107 (Attachment 1). The agreement required the developer to construct all
roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a
storm drainage system and streetlights, hereinafter referred to as the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into four (4)
stages:
a) Initial Works;
b) Street Liahtina Svstem;
c) Final Works; and
d) Stormwater Manaaement Svstem (not applicable)
1.3 The Initial Works and Street Liahtina Svstem were issued 'Certificates of
Completion' and subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Final Works were issued a 'Certificate of Completion' dated May 1, 2006.
This initiated a one (1) year maintenance period, which expired on May 1,2007.
The Works have been re-inspected and, although the developer has experienced
delays in completing the repair works, all deficiencies have now been rectified to
the satisfaction of the Director of Engineering Services.
1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works.
The Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance' for the Final Works.
929
REPORT NO.: EGD-043-08
PAGE 3
1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plan 40M-2107 and
adjacent plan 10M-BOO as public highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
930
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~~~~ ~ REPORT EGD-043-08
;( ~ II>' ' q I KEY MAP ATTACHMENT NO.1 931
/ BOWMANVILL~\jJ]Ef]!SiilllISt.
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ATTACHMENT NO.2
REPORT NO: EDG-043-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW 2008. XX
Being a By-law to establish, layout and dedicate
certain lands as public highways in the Municipality of
Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the blocks shown on Plan 10M-SOD, and listed below in this section,
all being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby established, laid out, and dedicated by the
Corporation of the Municipality of Clarington as public highways:
Block 83
Block 84
Block 85
BY -LAW read a first and second time this y;:yfh day of xxxxx 2008.
BY-LAW read a third time and finally passed this >Ctf!h day of xxxxx 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
932
ATTACHMENT NO.. 3
REPORT NO.: EGD-043-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008- XX
Being a By-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts 8i follows:
1. THAT the streets and blocks shown on Plans 40M-21 07 and 10M-BOO, and listed
below in this section, all being in the Municipality of Clarington, in the Regional
Municipality of Durham, are hereby accepted by the Corporation of the
Municipality of Clarington as public highways, and assumed by the said
Corporation for public use:
Plan 40M-2107:
Marchwood Crescent
Trudeau Drive
Plan 10M-8oo:
Block 83
Block 84
Block 85
BY-LAW read a first and second time this xih day of xxxxx 2008.
BY-LAW read a third time and finally passed this xxltl day of xxxxx 2006.
Jim Abernethy, Mayor
Patti L. Barrie. Municipal Clerk
933
Cl!Jrpn
REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Report #: EGD-044-08
File #: B.02.11.002 By-law #:
Subject:
NEWCASTLE MEADOWS SUBDIVISION PHASE 2, BOWMANVILLE,
PLAN 40M-1911
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
ROADS AND ABOVE GROUND SERVICES INCLUDING ROADS AND OTHER
RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-044-08 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Roads and Above ground Services, which include roads and other
related Works constructed within Plan 40M-1911; and
3. THAT Council approve the by-laws attached to Report EGD-044-08, assuming certain
streets within Plan 40M-1911 as public highways.
Respectfully,
2)~_~~
Submitted by: Anthony Cannella, CET. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
NAC/ASC/dv
September 29, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
934
REPORT NO.: EGD-044-08
PAGE 2
1.0 BACKGROUND
1.1 The former Corporation of the Town of Newcastle, now the Corporation of the
Municipality of Clarington, entered into a Subdivision Agreement, registered
November 22, 1991, with Newcastle Meadows Inc. (subsequently taken over by
Valiant Property Management, being a successor to the original Owner)
to develop lands by plan of subdivision, located in Bowmanville and described as
Plan 40M-1911 (Attachment 1). The agreement required the developer to
construct all roadworks, including hot-mix paving, sidewalks, curb and gutter,
street trees, a storm drainage system and streetlights, hereinafter referred to as
the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into two (2)
stages:
a) Storm Sewer Svstem; and
b) Roads and Above Ground Services
1.3 The Storm Sewer Svstem was issued a 'Certificate of Completion' and
subsequent 'Certificate of Acceptance' by the Director of Engineering Services,
as per the maintenance requirements set out in the Subdivision Agreement.
1.4 The Roads and Above Ground Services was issued a 'Certificate of Completion'
dated October 1, 2004. This initiated a two (2) year maintenance period, which
expired on October 1, 2006. The Works have been re-inspected and, although
the developer has experienced delays in completing the repair works, all
deficiencies have now been rectified to the satisfaction of the Director of
Engineering Services.
1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and
Above Ground Services. The Subdivision Agreement requires Council approval
935
REPORT NO.: EGD-044-08
PAGE 3
prior to the issuance of the 'Certificate of Acceptance' for the Road and Above
Ground Services.
1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plan 40M-1911 as public
highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
936
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DRAWN BY: EL DATE: September 29,2008
, ~W';ANVIL'~A~I . . i~ ,KEY MAP. REPORT EGD-044-08
ATTACHMENT NO.1 937
G:\Attachmen "0"_
ATTACHMENT NO.: 2
f~EPORr NO.: EGD"044-03
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008- XX
Being a By-law to establish, layout and dedicate
certain lands as public highways in the Municipality of
Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the blocks shown on Plan 40M.1911, and listed below in this
section, being in the Municipality of Clarington, in the Regional
Municipality of Durham, are hereby established, laid out, and dedicated by
the Corporation of the Municipality of Clarington as public highways:
Block 3
Block 4
Block 5
Block 7
BY-LAW read a first and second time this 'X:Jth day of xxxxx 2008.
BY-LAW read a third time and finally passed this 'X:Jth day of xxxxx 2008.
Jim Abernethy, Mayor
Patti L Barrie, Municipal Clerk
938
ATTr-\Ct-!~lEr'rr NO. 3
r.:EPOrrT r-jQ' EGD-G44-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008- XX
Being a By-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the streets and blocks shown on Plan 40M-1911, and listed below
in this section, being in the Municipality of Clarington, in the Regional
Municipality of Durham, are hereby accepted by the Corporation of the
Municipality of Clarington as public highways,. and assumed by the said
Corporation for public use:
Longworth Avenue
Clayton Crescent
High Street
Block 3
Block 4
Block 5
Block 7
BY-LAW read a first and second time this JOCh day of xxxxx 2008.
BY -LAW read a third time and finally passed this JOCh day of xxxxx 2008.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
939
ClfJlmgron
REPORT
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Meeting:
Date:
October 6, 2008
Report #:
ESQ-013-08
File #
10.12.6
By-law #
Subject:
MEMORANDUM OF UNDERSTANDING - ST. MARYS CEMENT INC.
(CANADA)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report ESD-013-08 is received;
2. THAT the conditions outlined in the attached Memorandum of Understanding with SI. Marys
Cement Inc. (Canada) for Fire Department Training purposes, be endorsed by Council; and
3. THAT the Mayor and Clerk be authorized to enter into the attached Memorandum of
Understanding with St Marys Cement Inc. (Canada) for Fire Department Training purposes.
Submitted by:
dJ~J
/
/'
Reviewed by:Q ~~k~
ranklin Wu,
Chief Administrative Officer
Gordon Weir, AMCT, CMM111
Director of Emergency & Fire Services
GW:sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(90S)623-3379 F (90S)623-6Sq5J 01
REPORT NO. ESD 013-08
PAGE 2
1. BACKGROUND AND REPORT
Full time firefighters now perform Rope Rescue which requires special conditions for training
pu rposes.
For some time staff has been searching for a location that would offer firefighters a realistic
training ground.
The use of SI. Marys Cement Inc. (Canada) gives us the opportunity to train in scenarios that
include conveyor belts, pits and buildings with various heights.
Aller numerous meetings with Tony Merlin, Safety and Health Coordinator, St, Marys Cement Inc.
(Canada) an agreement was reached for the ongoing use of the SI. Marys property for Rope
Rescue training.
2. CONCLUSION
It is therefore recommended that the General Purpose and Administration Committee recommend
to Council that the Mayor and Clerk be authorized to enter into the attached Memorandum of
Understanding with SI. Marys Cement Inc. (Canada) for Fire Department Training purposes.
Attachment: Memorandum of Understanding with SI. Marys Cement Inc. (Canada)
1102
Memorandum of Understanding
Between
St. Marys Cement Inc. (Canada),
a corporation organized and existing under the laws of the Province of Ontario
and having its head office located at 55 Industrial Street, Toronto, Ontario,
M4G 3W9
and
The Corporation of the Municipality of Clarington,
a corporation organized and existing under the laws of Ontario; located at
40 Temperance Street, Bowmanville, Ontario LIC 3A6; and having its
Emergency & Fire Services Headquarters located at 2430 Highway No.2,
Bowmanville, Ontario LIC 3K9.
Dated September 19, 2008
1. Introduction
In the spirit of community cooperation, this memorandum of understanding (UMOU")
relates to an understanding between SI. Marys Cement Inc. (Canada) (hereinafter
referred to as "St. Marys") and the Clarington Emergency & Fire Services Department
(hereinafter referred to as "Clarington" or "CEFS") regarding Clarington's use of 51.
Marys' Bowmanville Cement Plant located at 400 Waverley Road 5, Bowmanville, ON
Ll C 3K3 ("Bowmanville Plant") for fire department training purposes.
Clarington used 51. Marys' Bowmanville Plant for fire department training on June 20,
2006. Clarington recently approached 51. Marys, requesting a long-term arrangement
enabling Clarington to use the Bowmanville Plant for on-going fire department training
("Training Sessions")
In consideration of the mutual covenants contained herein, the parties agree to the
following terms:
2. Term of the Training Sessions
The term of this agreement will continue until written notice by either party, as
provided for in this agreement.
The term of this agreement will continue until written notice by either party, as
provided for in this agreement.
3. licensed Area
Areas to be used for the Training Sessions (the "Licensed Area") must be approved by
51. Marys through 51. Marys' Safety Coordinator at least two (2) weeks in advance of any
Training Session.
4. Grant of Licence
St. Marys grants to Clarington a non.exdusive licence to occupy the Licensed Area at the
Bowmanville Plant for occasional use from time to time for the purpose of the Training
Sessions for the Term of this MOD. 51. Marys will at all times maintain its rights to use,
access the Licensed Area or refuse any type of training that it feels would be detrimental
to the company.
Page 1 of5
1103
5 Municipality of Clarington Responsibilities
5.1 Licence Fee: No licence fee shall apply during the term of the MOD.
5.2 Clarington will:
5.2.1 only use the Licensed Area for the purpose set out above;
5.2.2 bear all costs and expenses associated with their use of the Licensed Area
whatever they may be, provided they result from CEFS or actions of any
other party associated with the CEFS Training Session; including directly'
related costs for the c1ean.up of the Licensed Area due to spills, etc. as
well as directly related costs that have been pre-approved by CEFS
Management and expenses for any services, materials or personnel
associated with or required for its use of the Licensed Area;
5.2.3 provide at least two (2) weeks written notice of each training session to
the Bowmanville Planfs Safety Coordinator.
5.2.4 at all times be subject to and strictly comply with all orders, rules and
regulations of St. Marys, and ensure that all employees, volunteers or
representatives are at all times dressed appropriately., that the Licensed
Area is clean, and that there is no accumulation of rubbish within the
Licensed Area;
5.2.5 ensure that Training Session participants conduct themselves in a
professional manner at all times;
5.2.6 ensure that each Training Session is supervised and conducted by fully
qualified and competent trainers at all times;
5.2.7 provide for "Rope Rescue Training" or any other mutually agreed upon training
exercises, sufficient proof to SI. Marys' Safety Coordinator that each
Training Session participant has been trained and certified competent in
rope rescue tedmiques or other required mutually agreed upon
certification for agreed training exercises while such training exercises are
being conducted within the Licensed Area. Sufficient proof must be
supplied prior to initial use for each participant and any subsequent
participants partaking thereafter. Sufficient proof being a signed training
record from the organization performing the training signifying that the
individual(s) have successfully completed basic training in "Rope Rescue
Techniques" including both theory and practical competent
demonstration of those techniques.
5.2.8 permit St. Marys' management to enter and inspect the Licensed Area at
any time;
5.2.9 release and indemnify St. Marys from and against any and all losses,
claims, suits and demands arising from injury or damage to persons or
property suffered by itself, its employees, agents or invitees incurred
during Oarington's occupation of the Licensed Area or while they (or
any of them) are within or 'upon the lands or premises of St. Marys,
except when such injury, loss or damage is occasioned by the negligence
or wilful misconduct of St. Marys, its employees, contractors or agents;
5.2.10 not assign or transfer authority under this MOU; and
5.2.11 leave the Licensed Area in the state found prior to training and, at its
expense, remove any equipment or other personal property it has
brought upon the lands and premises of SI. Marys and make good any
damage caused by the installation or removal of any such equipment or
personal property;
5.2.12 ensure that all Training Session participants attend a SI. Marys Safety and
Environment Site Orientation prior to the first scheduled Training Session
and thereafter on an annual basis.
Page 2 of 5
1104
6. St. Marys' Responsibilities
6.1 5t. Marys will provide to Training Session participants, the 51. Marys Safety and
Environmental Site Orientation as per Section 5.2.12, at a mutually agreed upon
time, at no cost to the municipality.
6.2 St. Marys will not unnecessarily interfere with activities while the training is
underway.
7. Termination
7.1 St. Marys may terminate this MOD by written notice in case Clarington:
(a) fails or refuses to comply with the reasonable orders or requests of St. Marys'
management;
(b) permits any conduct or act which in the reasonable opinion of St. Marys'
management is improper or renders it inadvisable that Clarington should be
allowed to continue carrying on activities under this MOU, or
(e) fails to comply with the terms and conditions of this MOU.
In such event, St. Marys may remove Clarington's property using reasonable
care from the Licensed Area and shall not be liable in damages or otherwise by
reason of any such actions.
72 The Municipality of Clarington may terminate this MOU for any reason with
thirty (30) days notice in writing to 51. Marys.
8. Assumption of Risk, Release and Indemnity; Limitation of Liability
8.1 Clarington agrees to and hereby assumes all risk and any injuries to its
employeesl agents and representatives and any injuries they may cause to others,
or damage to property, while the Clarington Fire Department is at the
Bowmanville site while undertaking training.
Clarington further releases, remises, and forever discharges and agrees to
indemnify and hold harmless on behalf of itself, directors, officers, agents,
employees, assigns and successors, St. Marys, together with its. present and
former directors, officers, agents, employees, successors, and assigns, jointly and
severally for all manner of actions, causes of action, suits, demands, and claims
whatsoever in connection with all and any injuries, including death or negligence
to it, or such damages to its property, which may occur during the above-noted
activities, except when such injury, loss or damage is occasioned by the
negligence or wilful misconduct of St. Marys, its employees, contractors or
agents.
8.2 St. Marys will make reasonable efforts to accommodate Clarington's requests
and to abide by any agreed upon schedule. However St. Marys will not be liable
for any non-fulfillment of this MOU if attributable, directly or indirectly, to the
closure of or inability to access the Licensed Area or the lands and premises of St.
Marys, fire, act of God, public enemy, strikes or other labour disputes, the
authority of the law, or any other cause beyond its reasonable control. In
addition, St. Marys shall not be liable for any indirect or consequential damage,
even if it has been advised of the possibility of the occurrence of the foregoing.
9. Insurance
9.1 Before commencing any Training Sessions at the Bowmanville Plant, Clarington
shall obtain and continuously carry during the Term of the MOU, at its own
expense and cost, the following insurance with limits not less than those
specified in the respective items. Clarington also agrees to provide to S1. Marys
30 days written-notice regarding any material changes adversely affecting the
Page 3 of5
1105
coverage(s) or amendments restricting coverage or cancellation of any such
policy or policies.
9.1.1 Workplace safety insurance in compliance with workplace safety
legislation at the place of work, including payments due thereunder, with
respect to its employees conducting or participating in Training Sessions.
9.1.2 Automobile liability Insurance
Automobile Liability insurance in respect of licensed vehicles shall have
limits of not less than $2,000,000 inclusive per Occurrence of bodily
injury, death, and damage to property, covering all licensed vehicles
owned or leased by Clarington, and endorsed to provide St. Marys not
less than 90 days notice in writing in advance of any cancellation, change
or amendment restricting coverage.
9.1.3 A Comprehensive General Liability Policy containing the following
terms and conditions, namely:
(i) A combined single limit of $ 5,000,000 for each occurrence or
accident (which can be a combination of Comprehensive General
Liability and ExcessfUmbrella Liability);
(ii) Coverage in an occurrence basis against bodily injury (including
death at any time resulting there from) sustained by any person or
persons and damage to or destruction of property including loss of
use caused by an occurrence or accident arising from any Training
Sessions.
(iii) Coverage for the following:
(a) Broad Form Blanket Cpntractual Liability for liability assumed
under the Agreement and any other agreements relating to
this MOU;
(b) Broad Form Property Damages;
(c) Personallnjury Liability;
(d) Non-owned Automobile coverage for a limit of $ 5,000,000 for
licensed motor vehicles used by Clarington;
(e) Cross liability and severability of interest clause.
(iv) This policy shall include St. Marys and their representatives as
additional insured, extend to cover employees, agents, officers and
directors of such additional insured.
9.2 Clarington shall provide St. Marys' Safety & Health Coordinator with certificates
of insurance in a form satisfactory to St. Marys' Safety & Health Coordinator
upon execution of this MOD and thereafter at least once annually.
10. Miscellaneous
This MOU shall be governed by and interpreted in accordance with the laws of the
Province of Ontario and the laws of Canada applicable in such Province, excluding any
rule or principle of the conflict of laws which might refer such construction to the laws
of another jurisdiction. Each party irrevocably submits and agrees to the non-exclusive
jurisdiction of the Courts of Ontario with respect to any matter related to this MOD. If
any provision 0 f this MOD is unenforceable or deemed void by law, the remainder of
the MOU will prevail.
Each party will comply with all applicable laws in the performance of their respective
obligations under this MOU. This MOU shall enure to the benelit of and shall be
binding upon the parties hereto and their respective successors and assigns.
This MOU may be executed in counterparts which taken together, shall form one
agreement. An executed counterpart of this MOU may be delivered by facsimile
transmission.
Page 4 of 5
1106
By having authorized representatives sign below, the parties indicate their agreement
with the foregoing.
ST. MARYS CEMENT INC. (CANADA) THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
~dLtl- . .
By: ~~'r~
Tony Merlin
Safety & Health Coordinator
D~~dL~);(?,.
'I am authorized to bind the corporation:
Page 5 of 5
By:
Jim Abernethy
Mayor
Date:
By:
Patti L. Barrie
Municipal Clerk
Date:
'We are authorized to bind the corporation.'
1107
ClfJlmgron
REPORT
Meeting:
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Report #: ESD-014-08
File #
10.12.6
By-law #
Subject:
MASTER FIRE PLAN UPDATE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-014-08 is received for information; and
2. THAT the Master Fire Plan Update and the presentation of Mr. Claudio Covelli
be referred to staff for consideration in the 2009 budget process.
Submitted by: dJ v tj.--
GOrdon Weir, AMCT, CMM111
Director of Emergency & Fire Services
Reviewed b(/)~-t~ ~
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)623-65~1 08
ESD-014-08
Page 2
1. BACKGROUND
1.1 In the General Purpose and Administration meeting of February 16, 2004 Council
received the Master Fire Plan, prepared by Claudio Covelli of Dillon Consulting
Limited.
In consideration of the recommendation to move the Municipality closer to the
Provincial O.F.M. 10 in 10 Guideline (10 men on scene in 10 minutes) the
Municipality has hired 13 firefighters, although the number of new recruits fall
short of what the consultant recommended, as the Municipality tried to balance
the needs to provide other useful services.
As a result of the delay, the Proposed Timing Recommendations in the original
Master Fire Plan are skewed and staff felt it was necessary to update the Master
Fire Plan. This review is also timely to coincide with the recently completed
Development Charge By-law.
1.2 In view of the new growth experienced through the last few years and in view of
the deferred schedule in hiring additional firefighters, an update of the 2004
Master Fire Plan was deemed necessary.
2. COMMENTS
2.1 Much of the content of the original Master Fire Plan remains intact. Timing
recommendations to hire additional firefighters have been adjusted and aligned
with the updated Development Charge By-law.
Staff will continue to work to develop a business plan to deal with the
recommendations in the updated Master Fire Plan.
3. CONCLUSION
It is recommended that the Master Fire Plan Update and any comments, be
referred to the Director of Emergency and Fire Services who, in co-operation with
the Director of Finance and staff, will prepare a business plan to deal with the
recommendations found in the report. Once the business plan has been
completed it will be forwarded to Council for review and comment.
Attachment: Master Fire Plan Update
1109
CWilJgron
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Report #: CLD-026-08
File#:
By-law #:
Subject:
AMEND APPOINTMENT OF OFFICERS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-026-08 be received;
2. THAT By-law 2007-216 appointing parking enforcement officers for 180 West Beach
Road be amended to include all Central Lake Ontario Conservation Authority properties
with the Municipality of Clarington;
3. THAT the by-law attached to Report CLD-026-08 be forwarded to Council for approval;
and
4. THAT the Central Lake Ontario Conservation Authority be advised of Council's actions.
Submitted by:
o~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC
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-026-08
PAGE 2 of2
BACKGROUND AND COMMENT
The Central Lake Ontario Conservation Authority received Council approval in 2007 for
members of their staff, Mike Hyrnyk, Harry Hirschfeld, Todd Backus, Ben DeWaal and Jason
Maas to be appointed as Parking Enforcement Officers in order to enforce the provisions of the
Clarington Traffic By-law on vehicles parking on their property located at 180 West Beach
Road, in the Municipality of Clarington.
The Conservation Authority has now approached the Municipality and requested that the
officers' authority be extended to include all CLOCA properties within the Municipality. This
will allow the Conservation Authority to effectively deal with its own properties over time as
they develop and expand.
RECOMMENDATION
It is respectfully recommended that the by-law appointing the Conservation Authority staff as
Parking Enforcement Officers be expanded to include all CLOCA properties
ATTACHMENT:
1
By-law to Appoint Parking Enforcement Officer for Private Property
INTERESTED PARTIES:
Central Lake Ontario Conservation Authority
100 Whiting Ave.,
Oshawa, Ontario
L 1 H 3T3
1302
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
Being a By.law to amend By-law 2007-216
Being a By-law to appoint individuals as
Parking Enforcement Officers for Private Property
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 the Central Lake Ontario Conservation Authority has requested that
those Officers listed in By-law 2007-216 be allowed to enforce the provisions of
the Traffic By-law of the Municipality of Clarington on all properties owned or
controlled by the Conservation Authority.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. By-law 2007-216 section 1 is hereby deleted in its entirety and replaced
with the following:
Mike Hyrnyk, Harry Hirschfeld, Todd Backus, Ben DeWaal and
Jason Maas are hereby appointed as Parking Enforcement Officers
for the sole purpose of enforcing the Traffic By-law of the
Municipality of Clarington on all property under the ownership and
jurisdiction of the Central Lake Ontario ConsefVation Authority
located within 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 Central Lake Ontario
Conservation.
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
1303
c/!J!ilJgton
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Report #: CLD-028-08
File#:
By-law #:
Subject:
QUARTERLY PARKING REPORTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-028-08 be received; and
2. THAT a copy of Report CLD-028-08 be forwarded to the Bowmanville Business Centre
for their information.
Submitted by:
O~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC*kb
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO l1 C 3A6 T 905-623-3379 F 905-623-6506
1304
REPORT NO.: CLD-028-08
PAGE 2 of 2
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities for the
months of January through June 2008 and is provided herein for the information of Committee
and Council.
Attachments:
Attachment 1 - Parking Report for the 1st Quarter of 2008
Parking Report for the 2nd Quarter of 2008
1305
PARKING ENFORCEMENT QUARTERL Y REPORT #1 - 2008
ATTACHMENT #1 to Quarterly Parking Financial Report
TICKETS ISSUED
AGENCY QUARTER 1, 2008 YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE
2008 2007 2006
P.E. Officers 1,261 1,261 853 1,432
Police 2 2 6 5
Public Works 3 3 0 0
Group Four 34 34 19 19
Aspen Springs 14 14 13 36
243 King SI. 0 0 N/A N/A
Secu ritas 0 0 0 34
ProSecurity 8 8 30 134
Fire Services 0 0 0 0
REVENUE
Meters $14,104.50 $14,104.50 $16,936.00 $18,612.00
Permits $864.45 $864.45 $798.00 $879.75
Fines $15,930.00 $15,930.00 $12,169.00 $22,591.00
MTO Chargeback $1,311.75 $1,311.75 $(1,814.50) 1,559.25
$28,Q8a;~9'. ;t;;
1ST APPEARANCES
Total Conducted 21 21 22 27
# Tickets Cancelled 13 13 20 21
# Tickets Upheld 8 8 4 7
# Requests for Trial 0 0 3 5
# Tickets Disputed 22 22 24 28
1306
PARKING ENFORCEMENT QUARTERL Y REPORT #2 - 2008
ATTACHMENT #2 to Quarterly Parking Financial Report
TICKETS ISSUED
AGENCY QUARTER 2, 2008 YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE
2008 2007 2006
P. E. Officers 810 3,071 1,287 2,266
Police 8 10 9 13
Public Works 0 3 0 0
.
Group Four 23 57 30 25
Aspen Springs 17 31 31 57
243 King SI. 0 0 N/A N/A
Securitas 0 0 0 88
Pro Security 0 8 39 309
Fire Services 0 0 0 0
..... ...> rrrL1,1l~8 .' . . 1.....LJ....'~lt':c.......... . ,..1.1"0,1"", 11> .....;
'....'~~:s..;...2..0IT/....... 'LL<L> 1.. ...... ... "'7:;'.:L..... 1....1-.')..0;;,"....
REVENUE
Meters $24,903.00 $39,007.50 $32,966.00 $38,361.00
Permits $1,231.70 $2,096.15 $1,795.50 $2,678.90
Fines $21,417.00 $37,347.00 $18,474.00 $41,323.00
MTO Chargeback $1,311.75 $2,623.50 $3,316.00 $3,318.75
. TQIilL ~EJ!.I?Nf.ii;. ... .'.$-J9,91,lJ.Sq
1ST APPEARANCES
Total Conducted 33 54 34 68
# Tickets Cancelled 29 42 30 56
# Tickets Upheld 8 16 6 14
# Requests for Trial 0 0 0 7
# Tickets Disputed 37 59 36 70
1307
CJ. fi
~~
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6th, 2008
Resolution #:
Report #: COD-054-08
File#:
By-law #:
Subject:
PRICE HEDGING AGREEMENTS (COMMODITIES)
STATEMENT OF POLICIES AND GOALS
Recommendations:
It is respectfully recommended to the General Purpose and Administration Committee
recommended to Council the following:
1. THAT Report COD-054-08 be received; and
2. THAT Commodity Price Hedging Agreements, Statement of Policies and Goals
for the Municipality of Clarington, as detailed in Schedule S, and required under
the Municipal Act prior to entering into any hedging agreements be approved.
Reviewed by O~ ,~
Franklin Wu,
Chief Administrative Officer
MMIJDBlkm
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-054-08
PAGE 2
1.0 BACKGROUND
1.1 In the coming months the municipality will be undertaking a review of its energy
requirements and consumption with a view to reducing consumption through the use of
energy efficient equipment and conservation. In addition, we will be reassessing our
procurement strategy with a view to minimize cost and reducing risk of increased and
fluctuating cost due to market volatility. Products included in the review will be
electricity, natural gas and possibly fuel (gasoline, diesel and heating oil).
1.2 One of the options available to us to assist with achieving the above is the opportunity to
enter into long term supply contracts (hedging agreements). However, in order to take
this approach and remain compliant with the Municipal Act we are required to establish
a hedging policy as follows:
"Section 6.1 of Ontario Regulation 653/05 of the Municipal Act 2001 requires that before
a municipality passes a by-law authorizing a commodity price hedging agreement, the
Council of the Municipality shall adopt a statement of policies and goals relating to the
use of financial agreements to address commodity pricing and costs."
A copy of Regulation 653/05 is attached as Schedule "A".
1.3 The recommended Statement of Policies and Goals, attached as Schedule "8", will
address the above.
2.0 COMMENTS
2.1 Regulations 653/05 Section (2) sets out the following matters to be considered when
preparing the statement of policies and goals:
(1) The types of projects for which commodity price hedging agreements are
appropriate.
(2) The fixed costs and estimated costs to the municipality resulting from the use of such
agreements.
(3) Whether the future price or cost to the municipality of the applicable commodities will
be lower or more stable than they would be without the agreements.
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REPORT NO.: COD-054-08
PAGE 3
(4) A detailed estimate of the expected results of using such agreements.
(5) The financial and other risks to the municipality that would exist with, and without, the
use of such agreements.
(6) Risk control measures relating to such agreements, such as,
I. credit exposure limits based on credit ratings and on the degree of regulatory
oversight and the regulatory capital of the other party to the agreement,
II. standard agreements, and
III. ongoing monitoring with respect to the agreements.
2.2 Under the recommended policy the Director of FinancefTreasurer, Director of Corporate
Services and the Manager of Purchasing have a number of responsibilities as follows:
(1) Treasurer
The Treasurer is responsible for determining whether a particular commodity price
hedging agreement is advantageous for the Municipality and shall consider or complete
the following:
a) a need to protect pricing of a commodity that is in a market subject to fluctuation;
b) an analysis that confirms the benefits and cost savings to the Municipality;
c) that the financial position of the Municipality will be enhanced by use of such an
agreement;
d) that the all-inclusive contracted price and cost to the Municipality of the associated
commodity will be lower and/or more stable than it would be without the agreement;
e) determine the financial and other risks to the Municipality that would exist with the
use of such an agreement and if such a risk would be lower than the financial and
other risks to the Municipality that would exist without such an agreement; and
f) ensure ongoing monitoring in conjunction with the Corporate Services Department
with respect to the commodity price hedging agreements.
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REPORT NO.: COD-054-08
PAGE 4
(2) Director of Corporate Services
The Director of Corporate Services will be authorized to:
a) enter into contracts for the purpose of engaging a Contract Agent in accordance with
the Municipality's Purchasing Policies;
b) enter into commodity price hedging agreements, co-signed by the Directors of
Finance and Corporate Services, as deemed appropriate;
c) execute commodity procurement contracts, co-signed by the Directors of Finance
and Corporate Services, execute and enter into commodity transactions in
accordance with the policy;
d) meet with the Treasurer, as required, and provide written reports regarding the past
performance of commodity price hedging agreements, future strategies and other
issues as requested;
e) notify the Treasurer, in writing, of any significant changes in the commodity price
hedging philosophies or policies and organization;
f) provide an annual list of commodity price hedging agreements and such other
information as may be requested by the Treasurer.
(3) Manager of Purchasing
The Manager of Purchasing, under the direction of the Director of Corporate Services
will be authorized to:
a) develop a prudent commodity procurement mix and specific procurement objectives
and policies;
b) act as Director of Corporate Services designate and as necessary execute
commodity procurement contracts and enter into commodity transactions in
accordance with the policy;
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REPORT NO.: COD-054-08
PAGE 5
c) assist the Director of Corporate Services, meet with the Treasurer, as required, and
provide written reports regarding the past performance of commodity price hedging
agreements, future strategies and other issues as requested;
d) advise or make recommendations to the Director of Corporate Services and
Treasurer with respect to any significant changes in the commodity price hedging
philosophies or policies and organization;
e) maintain a list of commodity price hedging agreements and such other information as
may be required for submission to the Treasurer,
2,3 As noted in Section 1 above, it is anticipated that the municipality will be entering into
new agreements in the not to distant future for the purchase of natural gas and
electricity, In each case the goal will be to ensure continuous supply and product at a
competitive price and avoid the cost fluctuations brought about by a volatile market.
With the increasing cost of oil it may be necessary to enter into long term supply
agreements for vehicle and heating fuel in order to ensure supplies and stabilize prices.
In anticipation of this possibility, petroleum products have been included in the proposed
policy,
3.0 CONCLUSION
3,1 The Regulation and by extension the proposed policy requires a high standard for
monitoring, analysis, risk assessment and reporting for the municipality,
3,2 With the introduction of a new Hedging Policy coupled with evolving procurement
strategies the Municipality will be in a position to move forward and deal with energy
acquisitions as required,
Attachments:
Attachment 2 - Schedule "A", Regulation 653/05
Attachment 1 - Schedule "8", Statement of Policies and Goals
1405
SCHEDULE "A"
Municipal Act, 2001
Loi de 2001 sur les municipalitl\s
ONTARIO REGULATION 653/05
DEBT-RELATED FINANCIAL INSTRUMENTS AND FINANCIAL AGREEMENTS
Consolidation Period: From January J. 2007 to the e.Laws currency date.
Last amendment: O.Reg. 604/06.
This Regulation is made in English only.
Skip Table of Contents
CONTENTS
INTERPRETATION
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Interpretation
BOND FORWARD AGREEMENTS
Bond forward agreements
Statement of policies and goals re bond forward agreements
Report on hond forward agreements
COMMODITY PRICE HEDGING AGREEMENTS
Commodity price hedging agreements
Statement of policies and goals re commodity price hedging agreements
Report on commodity price hedging agreements
LEASE FINANCING AGREEMENTS
Lease financing agreements, capital undertakings
Statement of policies and goals re lease financing agreements
Advice to council re lease financing agreements
Report on lease financing agreements
INTERPRETA nON
Interpretation
1. (I) In this Regulation,
"bond forward agreement" means a fmancial agreement described in section 2;
"commodity" means, whether in the original or a processed state, an agricultural product, a forest product, a prodnct of the
sea, a mineral, a metal, a hydrocarbon fuel, electricity, a precious stone or other gem and other physical goods but does not
include chattel paper, a document of title, an instrument, money or securities;
"commodity price hedging agreement" means a fmancial agreement described in section 5;
"lease financing agreement" means a financial agreement described in section 8. O. Reg. 653/05, s. I (I).
(2) For the purposes of this Regulation, a lease fmancing agreement has a material impact on a municipality if the costs or
risks associated with the agreement significantly affect the municipality's debt and financial limit determined in accordance
with Ontario Regulation 403/02 (Debt and Financial Obligation Limits) made under the Act, or would reasonably be
expected to have a significant effect on that limit. O. Reg. 653/05, s. I (2); O. Reg. 604/06, s. I.
BOND FORWARD AGREEMENTS
Bond forward agreements
2. (I) A municipality that has passed a by-law authorizing the issue or refinancing of debentures denominated in
Canadian currency may enter a bond forward agreement in order to minimize the cost or risk associated with the debentures
because of fluctuations in interest rates. O. Reg. 653/05, s. 2 (I).
(2) A bond forward agreement shall provide for the following mailers:
1. Borrowing and selling one or more debt instruments issued by the Government of Canada or the Province of Ontario
("government debt instruments").
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SCHEDULE "A"
2. Buying back the government debt instruments.
3. SpecifYing a settlement day, which is a specified future date or the date on which a specified future event occurs.
4. Requiring a settlement payment to be payable on the settlement day if there is a difference between the price at which
the government debt instruments are sold as described in paragraph I and the price at which they are bought back as
described in paragraph 2.
5. Specifying that delivery of a document evidencing the government debt instrument is not required under the
agreement. O. Reg. 653/05, s. 2 (2).
(3) A municipality sball not enter a bond forward agreement if the total value of the principal of the government debt
instruments borrowed and sold as described in paragraph I of subsection (2) exceeds the total value of the principal of the
debentures whose cost or risk the agreement is intended to minimize. O. Reg. 653/05, s. 2 (3).
(4) A municipality that enters a bond forward agreement shall monitor the value of the government debt instruments
described in paragraph I of subsection (2) on each business day after the agreement is executed and before the settlement day
described in paragraph 3 of subsection (I), but the municipality shall not obtain the information about the value of the
instruments from any person who has a [mancial interest in the agreement or in the instruments. O. Reg. 653/05, s. 2 (4).
(5) A municipality sball not enter a bond forward agreement under which the settlement day described in paragraph 3 of
subsection (2) is 60 days or more after the day on which the agreement is executed. O. Reg. 653/05, s. 2 (5). .
(6) A municipality shall not enter a bond forward agreement under which the settlement payment exceeds the difference in
price described in paragraph 4 of subsection (2). O. Reg. 653/05, s. 2 (6).
(7) A municipality shall not enter a bond forward agreement except with a bank listed in Schedule I, II or III to the Bank
Act (Canada) and only if the bank's long-term debt obligations on the day the agreement is entered are rated,
(a) by Dominion Bond Rating Service as "A(high)" or higher;
(b) by Fitch Ratings as "A+" or higher;
(c) by Moody's Investors Service Inc. as "AI" or higher; or
(d) by Standard and Poor's as "A+" or higher. O. Reg. 653/05, s. 2 (7).
(8) A municipality shall not sell or lend a bond forward agreement. O. Reg. 653/05, s. 2 (8).
(9) If the bond forward agreement relates to debentures to be issued or refinanced for the purposes of another municipality,
the interested municipalities may enter one or more agreements relating to the costs of the bond forward agreement and
relating to other matters arising from the bond forward. agreement. O. Reg. 653/05, s. 2 (9).
(10) A municipality shall not use the proceeds from a bond forward agreement except for the following purposes:
1. To pay the interest or repay the principal of the debentures to which the agreement relates.
2. For any purpose for which the debentures were issued.
3. To pay the interest or repay the principal of any outstanding temporary borrowing made under section 405 or 406 of
the Act in connection with the debentures.
4. To pay the interest or repay the principal of any other outstanding borrowing by the municipality for a capital
expenditure. O. Reg. 653/05, s. 2 (10).
Statement of policies and goals re bond forward agreements
3. (I) Before a municipality passes a by-law authorizing a bond forward agreement, the council of the municipality shall
adopt a statement of policies and goals relating to the use of bond forward agreements. O. Reg. 653/05, s. 3 (I).
(2) The council of the municipality shall consider the following matters when preparing the statement of policies and
goals:
1. The types of projects for which bond forward agreements are appropriate.
2. The fixed costs and estimated costs to the municipality resulting from the use of such agreements.
3. A detailed estimate of the expected results of using such agreements.
4. Risk control measures relating to such agreements, such as,
i. credit exposure limits based on credit ratings and on the degree of regulatory oversight and the regulatory capital
of the other party to the agreement,
11. standard agreements, and
iii. ongoing monitoring with respect to the agreements.
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SCHEDULE "A"
5, The financial and other risks to the municipality that would exist with, and without, the use of such agreements,
0, Reg. 653/05, s. 3 (2),
Report on bond forward agreements
4. (I) If a municipality has entered any bond forward agreements in a fiscal year, the treasurer of the municipality shall
prepare and present to the municipal council once in that fiscal year, or more frequently if the council so desires, a detailed
report on all of those agreements. 0, Reg, 653/05, s, 4 (I).
(2) The report must contain the following information and documents:
I. A statement comparing the expected and actual results of using bond forward agreements during the period of the
report.
2. A statement by the treasurer indicating whether, in his or her opinion, all of the bond forward agreements entered
during the period of the report are consistent with the municipality's statement of policies and goals relating to the use
of bond forward agreements,
3, Such other information as the council may require.
4, Such other information as the treasurer considers appropriate to include in the report. 0, Reg, 653/05, s, 4 (2),
COMMODITY PRICE HEDGING AGREEMENTS
Commodity price hedging agreements
5. (I) A municipality that has entered, or plans to enter, an.agreement under Part II of the Act for the supply of a
commodity required for a municipal system may enter into one or more financial agreements to minimize the cost or
financial risk associated with incurring debt for the commodity, O. Reg, 653/05, s, 5 (I),
(2) The [mancial agreement must fix, directly or indirectly, or enable the municipality to fix the price or range of prices to
be paid by the municipality for the future delivery of some or all of the commodity or the future cost to the municipality of an
equivalent quantity of the commodity, O. Reg, 653/05, s. 5 (2),
(3) Subject to subsection (4), the municipality shall not sell or otherwise dispose of the financial agreement or any interest
of the municipality in the agreement. O. Reg, 653/05, s, 5 (3),
(4) The municipality may sell or otherwise dispose of a financial agreement or an interest of the municipality in the
agreement if, in the opinion of the treasurer of the municipality, the sale or disposition is in the best interests of the
municipality and if either of the following conditions is satisfied:
I. The sale or disposition is part of a transaction for the sale of real property by the municipality relating to a change in
the use of the property by the municipality.
2, The municipality has ceased to carry on any activity relating to the municipal system for which the commodity was
being acquired, 0, Reg, 653/05, s, 5 (4),
Statement of policies and goals re commodity price hedging agreements
6. (I) Before a municipality passes a by-law authorizing a commodity price hedging agreement, the council of the
municipality shall adopt a statement of policies and goals relating to the use of [mancial agreements to address commodity
pricing and costs, 0, Reg, 653/05, s, 6 (I).
(2) The council of the municipality shall consider the following matters when preparing the statement of policies and
goals:
I. The types of projects for which commodity price hedging agreements are appropriate.
2, The fixed costs and estimated costs to the municipality resulting from the use of such agreements.
3, Whether the future price or cost to the municipality of the applicable commodities will be lower or more stable than
they would be without the agreements,
4, A detailed estimate of the expected results of using such agreements,
5, The [mancial and other risks to the municipality that would exist with, and without, the use of such agreements,
6. Risk control measures relating to such agreements, such as,
1. credit exposure limits based on credit ratings and on the degree of regulatory oversight and the regulatory capital
of the other party to the agreement,
ii. standard agreements, and
iii. ongoing monitoring with respect to the agreements, O. Reg, 653/05, s. 6 (2).
Report on commodity price hedging agreements
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SCHEDULE "A"
7. (I) If a municipality has any subsisting commodity price hedging agreements in a fiscal year, the treasurer of the
municipality shall prepare and present to the municipal council once in that fiscal year, or more frequently if the council so
desires, a detailed report on all of those agreements. O. Reg. 653/05, s. 7 (I).
(2) The report must contain the following information and documents:
1. A statement about the status of the agreements during the period of the report, including a comparison of the expected
and actual results of using the agreements.
2. A statement by the treasurer indicating whether, in his or her opinion, all of the agreements entered during the period
of the report are consistent with the municipality's statement of policies and goals relating to the use of financial
agreements to address commodity pricing and costs.
3. Such other information as the council may require.
4. Such other information as the treasurer considers appropriate to include in the report. O. Reg. 653/05, s. 7 (2).
LEASE FINANCING AGREEMENTS
Lease financing agreements, capital undertakings
8. (I) A municipality may enter lease financing agreements for the purpose of obtaining long-term financing of a capital
undertaking of the municipality. O. Reg. 604/06, s. 2.
(2) If a lease fmancing agreement described in subsection (I) includes terms that require, or may require, the municipality
to make payments after the expiry of the term for which the council authorizing the agreement was elected, sections 9,10 and
II apply to the agreement. O. Reg. 604/06, s. 2.
(3) A lease financing agreement must include a schedule of all fixed payments, if any, required by the agreement and that
may be required by any extension or renewal of the agreement. O. Reg. 604/06, s. 2.
Statement of policies and goals re lease financing agreements
9. (I) Before a municipality passes a by-law authorizing a lease financing agreement, the council of the municipality shall
adopt a statement of policies and goals relating to the use oflease financing agreements. O. Reg. 653/05, s. 9 (I).
(2) The statement of policies and goals,
(a) must include a discussion of the financial and other risks to the municipality of using lease fmancing agreements; and
(b) may provide for a category of lease financing agreements composed of agreements which, in the opinion of both the
council of the municipality and the treasurer, would not result in a material impact for the municipality. O. Reg.
653/05, s. 9 (2).
Advice to council re lease financing agreements
10. (I) Before a municipality enters into a lease financing agreement, the municipality shall,
(a) have its treasurer prepare a report with a recommendation, assessing, in the opinion of the treasurer, the costs and
financial and other risks associated with the proposed agreement, including,
(i) a comparison between the fixed and estimated costs and the risks associated with the proposed agreement and
those associated with other methods of fmancing,
(ii) a statement summarizing, as may be applicable, the effective rate or rates of fmancing for the agreement, the
ability for agreement payment amounts to vary, and the methods or calculations, including possible financing rate
changes, that may be used to establish that variance under the agreement,
(iii) a statement summarizing any contingent payment obligations under the agreement that in the opinion of the
treasurer would result in a material impact for the municipality, including agreement termination provisions,
equipment loss, equipment replacement options and guarantees and indemnities,
(iv) a summary of the assumptions applicable to any possible variations in the agreement payment and contingent
payment obligations, and
(v) any other matters the treasurer or council considers advisable;
(b) obtain legal advice and financial advice with respect to the proposed agreement;
(c) consider if the scope of the proposed transaction warrants obtaining legal advice or financial advice with respect to the
proposed agreement that is from a source independent of the source ofthe advice mentioned in clause (b);
(d) advise in writing the regional municipality of which it forms a part of the proposed agreement before the agreement is
entered into, in the case of a lower-tier municipality; and
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SCHEDULE "A"
(e) consider and give its assessment of the report prepared under clause (a), including whether, in its opinion, the costs of
financing for the proposed agreement are lower than other methods of financing available to the municipality, and
whether the risks associated with the proposed agreement are reasonable. O. Reg. 653/05, s. 10 (I).
(2) The costs and risks associated with a proposed lease fmancing agreement in a report made under subsection (I) shall
be assessed as of the date the report is made. O. Reg. 653/05, s. 10 (2).
(3) At any time after a report under subsection (I) is made, but before the proposed lease financing agreement is entered
into, if the treasurer becomes of the opinion that a changed circumstance with respect to the proposed agreement may result
in a material impact for the municipality, the treasurer shall as soon as is reasonably possible update the report and present
the updated report to the council. O. Reg. 653/05, s. 10 (3).
(4) A report made under subsection (1) shall summarize the information required by that subsection for the entire term of
the proposed lease fmancing agreement, including any possible extensions or renewals. O. Reg. 653/05, s. 10 (4).
(5) Despite this section, a municipality may enter into a lease fmancing agreement without complying with the
requirements of subsection (1) if,
(a) the statement of policies and goals for lease fmancing agreements includes the category referred to in clause 9 (2) (b);
and
(b) in the opinion of the treasurer and the council, the proposed agreement is within that category, and its costs and risks,
in combination with all the others agreements of that category entered into or proposed to be entered into in that year
by the municipality, would not result in a material impact for the community. O. Reg. 653/05, s. 10 (5).
(6) In this section,
"costs" includes the costs of any advice obtained under clause (I) (b) or (c). O. Reg. 653/05, s. 10 (6).
Report on lease financing agreements
II. (I) If a municipality has one or more lease financing agreements subsisting in a fiscal year, the treasurer of the
municipality shall prepare and present to council of the municipality once in that fiscal year, or more often if the council so
desires, a detailed report containing the information described in subsection (2). O. Reg. 653/05, s. 11 (I).
(2) The detailed report mentioned in subsection (I) shall contain,
(a) a description of the estimated proportion of the total fmancing arrangements of the municipality that is undertaken
through lease financing agreements to the total long-term debt of the municipality and a description of the change, if
any, in that estimated proportion since the previous year's report;
(b) a statement by the treasurer as to whether, in his or her opinion, all lease fmancing agreements were made in
accordance with the statement of leasing policies and goals adopted by the municipality; and
(c) any other information that the council may require or that, in the opinion of the treasurer, should be recorded. O. Reg.
653/05, s. II (2).
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ClJJJilJgtoo
Schedule "B"
COMMODITY PRICE HEDGING AGREEMENTS
STATEMENT OF POLICIES AND GOALS
September 2008
Interpretation
This policy is to be interpreted and applied in accordance with the requirements
of the Municipal Act, 2001 ("the Act") and any regulations passed thereunder
(''the regulations"). Terms used in this policy have the meanings applicable to
those terms in the corresponding sections of the Act and the regulations.
Definitions
For the purpose of this Statement of Policies and Goals, the following definitions
shall apply:
a) "Commodity" means electricity, natural gas and/or petroleum products
(fuel).
b) "Contract Agent" means an independent individual or organization acting
on behalf of the Corporation as an independent contractor external to the
Municipality to provide advice on price hedging strategy, commodity
related reporting and when authorized to execute agreements and
transactions.
c) A "price hedging agreement" means a financial agreement to minimize the
cost or financial risk associated with the purchase of a commodity.
Purpose of Statement
This Statement of Policies and Goals (the "Policy") provides the framework
relating to the use of financial agreements to address commodity price hedging
by the Municipality of Clarington.
Statement 01 Policies and Goals
Page 1014
1411
The Municipality of Clarington ("Municipality") will consider commodity price
hedging agreements as a means of fixing, directly or indirectly, or enabling the
Municipality to fix the price or range of prices to be paid by the Municipality for
the continuous supply and future delivery of some or all of a commodity, where it
is advantageous for the Municipality to do so.
Delegation of Responsibilities
The Director of FinancefTreasurer or designate ("Treasurer") is responsible for
the financial administrative matters pertaining to commodity price hedging. The
Treasurer may delegate certain administrative duties and/or responsibilities to
internal staff.
The Director of Corporate Services or designate ("Director") is responsible for the
procurement and contractual administrative matters pertaining to commodity
price hedging. The Director may delegate certain administrative duties and/or
responsibilities to internal staff and external agents.
Director of FinancefTreasurer
The Treasurer is responsible for determining whether a particular commodity
price hedging agreement is advantageous for the Municipality and shall consider
or complete the following:
a) a need to protect pricing of a commodity that is in a market subject to
fluctuation;
b) an analysis that confirms the benefits and cost savings to the Municipality;
c) that the financial position of the Municipality will be enhanced by use of
such an agreement;
d) that the all-inclLlsive contracted price and cost to the Municipality of the
associated commodity will be lower and/or more stable than it would be
without the agreement;
e) determine the financial and other risks to the Municipality that would exist
with the use of such an agreement and if such a risk would be lower than
the financial and other risks to the Municipality that would exist without
such an agreement; and
f) ensure ongoing monitoring in conjunction with the Corporate Services
Department with respect to the commodity price hedging agreements.
Statement of Policies and Goals
Page 2 of 4
1412
Director of Corporate Services
The Corporate Services Director or designate is authorized to:
a) enter into agency agreements and/or contracts with Contract Agents in
accordance with the Municipality's Purchasing Policies;
b) enter into commodity price hedging agreements, co-signed by the
Directors of Finance and Corporate Services, as deemed appropriate;
c) execute commodity procurement contracts and transactions, co-signed by
the Directors of Finance and Corporate Services, in accordance with the
policy;
d) meet with the Treasurer, as required, and provide written reports
regarding the past performance of commodity price hedging agreements,
future strategies and other issues as requested;
e) notify the Treasurer, in writing, of any significant changes in the
commodity price hedging philosophies or policies and organization;
f) provide an annual list of commodity price hedging agreements and such
other information as may be requested by the Treasurer.
Manager of Purchasing
The Manager of Purchasing, under the direction of the Director of Corporate
Services will be authorized to:
a) develop a prudent commodity procurement mix and specific procurement
objectives and policies;
b) act as Corporate Services Director's designate and as necessary execute
commodity procurement contracts and enter into commodity transactions
in accordance with the policy;
c) assist the Corporate Services Director, meet with the Treasurer, as
required, and provide written reports regarding the past performance of
commodity price hedging agreements, future strategies and other issues
as requested;
d) advise or make recommendations to the Corporate Services Director and
Treasurer with respect to any significant changes in the commodity price
hedging philosophies or policies and organization; and
Statement of Policies and Goals
Page 3 of4
1413
e) maintain a list of commodity price hedging agreements and such other
information as may be required for submission to the Treasurer.
Contract Agent
The Contract Agent will be authorized to act within the scope of delegated
authority under any executed contract and/or Agency Agreement and provide a
number of services to the Municipality, which may include:
a) assisting the Manager of Purchasing in developing a prudent commodity
procurement mix and specific procurement objectives and policies;
b) monitoring, analyzing and reporting on the Municipality's commodity
purchases, financial position and supporting the Manager of Purchasing
with respect to commodity procurement related matters;
c) assisting in the selection of commodity suppliers;
d) meeting with the Manager of Purchasing, as required; and
e) entering into commodity transactions or commodity procurement
agreements on behalf of the Municipality with commodity suppliers and/or
distribution utilities when so directed and authorized by the Manager of
Purchasing, Treasurer and Director of Corporate Services and where a
proper Agency Agreement has been executed with the Municipality.
Statement of Policies and Goals
Page 4 of4
1414
~~!IlmglOn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6th, 2008
Report #: COD-056-08
File#_
By-law #
Subject:
CL2008-15, CONSTRUCTION OF ASPEN SPRINGS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-056-08 be received;
2. THAT Rutherford Contracting Ltd, Gormley, Ontario with a total revised bid in the
amount of $466,403.96 (Excluding G.S.T.), being the lowest responsible bidder
meeting all terms, conditions, and specifications of Tender CL2008-15, be awarded
the contract for the Construction of Aspen Springs, Bowmanville, Ontario as required
by the Engineering Department;
3. THAT funds required in the amount of $489,724.16 (which includes $466,403.96
tendering and contingencies) be drawn from Engineering 2008 Capital Account
#110-32-325-83305-7401 with the budget shortfall to be financed from the Park
Development and Related Facilities Development Charges Reserve Fund in the
amount of $13,250.64 and from the Municipal Capital Works Reserve Fund in the
amount of $1 ,473.52;
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk
to execute the n ssary agreement be approved.
Reviewed by:
~-::C0LC
Franklin Wu,
Chief Administrative Officer
Submitted by:
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
1415
REPORT NO.: COO-056-oS
PAGE 2
1. BACKGROUND AND COMMENT
1.1. Tender specifications were provided by Daniel J. O'Brien & Associates for the
Construction of Aspen Springs, 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 All bids received exceeded the budget estimate by a significant amount. A review of the
scope of work identified a number of components and section that could be reduced or
eliminated to reduce the project cost. The following recommendations include a reduced
scope of work as permitted by the tender, and said changes will not significantly impact on
the project.
2.2 After further review and analysis of the bids by the Engineering Department, Daniel J.
O'Brien & Associates and Purchasing, it was mutually agreed that the low bidder,
Rutherford Contracting Ltd, Gormley, Ontario, be recommended for the contract for the
Construction of Aspen Springs, Bowmanville, Ontario. A copy of the recommending
memos from the Department of Engineering and the consultant Daniel J. O'Brien &
Associates, are attached as Schedule "B".
2.3 The low bidder has previously perfonmed satisfactory work for the Municipality of
Clarington.
2.4 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 $489,724.16 includes $466,403.96 tendering and contingencies.
The Engineering 2008 Capital Account #110-32-325-83305-7401 included a budget of
$475,000.00. This results in a budget shortfall of $14,724.16. As this project is
development charges related, $13,250.64 of the shortfall can be funded from the PClr~ 1 6
REPORT NO.: COD-056-08 PAGE 3
Development and Related Facilities Development Charges Reserve Fund and the
balance of $1,473.52 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".
3.3. As was mentioned during the 2008 budget process, two parks (Knox and Aspen
Springs) 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. Moving ahead with the second park (Aspen
Springs) depended upon the amount of collections for development charges as the year
progressed. The collections have been monitored and sufficient funds have been
collected to permit the completion of Aspen Springs Park on the basis of a revised scope
of work. This issue will also impact projects 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 Aspen Springs, 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 Daniel J. O'Brien & Associates
Schedule "C", Bid Summary
Attachment 3 -
1417
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 Aspen Springs 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 Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1418
Cl~mgron
MEMO
TO: Jerry Barber, Purchasing Manager
FROM: Peter Windolf, Park Development Manager
DATE: September 23, 2008
SUBJECT: Aspen Springs Neighbourhood Park Construction
Tender CL2008-15
The Engineering Services Department has reviewed the recommendation provided by
Daniel J. O'Brien & Associates and offers the following comments:
In 2008 the Municipality approved $475,000.00 for the construction of Aspen Springs
Neighbourhood Park. We concur with the recommendation to award the contract to
Rutherford Contracting Ltd. in the amount of $466,403.96 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 5% 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
$489,724.16
2008 Approved Budget Amount
$475,000
Aspen Springs Neighbourhood Park
Construction
110 32 325 83305 7401
Additional Funding Required
$14,724.16
1419
Aspen Springs Neighbourhood Park Construction
CL2008-15 2
Sept 19,2008,
We recommend award of the project with the additional funding to be financed from the
Park Development and Related Facilities Development Charges Reserve Fund in the
amount of $13,250,64 and from the Municipal Capital Works Reserve Fund in the
amount of $1.473,52,
Attached for your files is the recommendation provided by Daniel J. O'Brien &
Associates. Should you have any questions, please feel free to contact me,
Regards,
Y~\-0~
Peter Windolf, OALA, csrA"
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
1420
1.1._
~.
September 30, 2008
Mr. Jerry Barber, C.P.P.O, Purchasing Manager
Municipality of Clarington
Daniel J. O'Brien
ASSOCIATES LTD.
LA'\nSCJ\P!; ARCllrmcrs
40 Temperance Street,
Bowmanville, ON
LIC 3A6
Re: Tender CL2008-15. Construction of Aspen Sprines Neiehbourhood Park
Dear Mr. Barber,
We have reviewed the copy of the bid submitted to the Municipality ofClarington for the construction
of Aspen Springs Neighbourhood Park. Following this review we are recommending that this contract
be awarded to the low bidder Rutherford Contracting Ltd., with a total bid of $466,403.96 (excluding
GST). Rutherford Contracting has successfully completed many other projects for the Municipality of
Clarington and we are confident they will be able to perform the work as required.
Sincerely,
Daniel J. O'Brien O.A.L.A., C.S.L.A.
Principal Landscape Architect
Tel: (905) 985-4466 Web: www.obrienassociates.ca
Email: danielobrienassociates@bellnet.ca
Daniel J. O'Brien & Associates Ltd. Landscape Architects
180 Mary Street, Port Perry, Ontario, L9L IB7
Member Ontario Association of Landscape Architects
Canadian Society of Landscape Architects
1421
SCHEDULE "Cn
Municipality of Clarington
BID SUMMARY
TENDER CL2008-15
CONSTRUCTION OF ASPEN SPRINGS PARK
BIDDER
TOTAL BID
GST Excluded
$554,048.50"
REVISED BID
GST Excluded
$466,403.96
Rutherford Contracting Ltd.
Gormle , ON
Ron Robinson Ltd.
Bowmanville, ON
Royalcrest Paving & Contracting Ltd.
Toronto, ON
"Reflects arithmetic corrections
$648,538.41
$548,231.60
$618,038.53
$531,399.31
1422
CI!1lmgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Resolution #:
Report #: COD-057 -08
File#:
By-law #:
Subject:
Cl2008-34, SUPPLY, DELIVERY AND INSTALLATION OF VARIOUS
TREES & STUMP GRINDING REQUIREMENTS FOR THE
MUNICIPALITY OF CLARINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-057-08 be received;
2. THAT Maple lane Nurseries & landscape, Bowmanville, Ontario, with a total bid
price of $27,995.00 (excluding G.S.T.), for the supply, delivery and installation of
various trees for the Municipality of Clarington being the lowest responsible bidder
meeting all terms, conditions and specifications of the Tender CL2008-34 (Part A),
be awarded the contract to supply, deliver and install various trees, as required by
the Municipality of Clarington Operations Department;
3. THAT Maple lane Nurseries & landscape, Bowmanville, Ontario, with a total bid
price of $5,445.00 (excluding G.S.T.), for stump grinding requirements for the
Municipality of Clarington being the lowest responsible bidder meeting all terms,
conditions and specifications of the Tender Cl2008-34 (Part B), be awarded the
contract to provide stump grinding requirements, as required by the Municipality of
Clarington Operations Department;
4. THAT pending satisfactory pricing and service the contract be extended for a
second and third year; and
5. THAT the funds required in the amount of $33,440.00 (plus G.S.T.) be drawn
from Operations Department 2008 Operating Account #100-36-325-10115-7163.
1423
REPORT NO.: COD-057-08
PAGE 2
Submitted by:
Reviewed by:
~.:...~
Franklin Wu,
Chief Administrative Officer
MM\JB\BH
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-3330
2
1424
REPORT NO.: COD-057-08
PAGE 3
1. BACKGROUND AND COMMENT
1.1. Tender CL2008-34 for the Supply, Delivery and Installation of Various
Trees & Stump Grinding Requirements for the Municipality of Clarington
was advertised and issued with bids being received as per Schedule "A"
attached.
1.2. The tender was divided into two parts, Part A is for the Supply, Delivery
and Installation of Various Trees and Part B is for Stump Grinding
requirements.
2. ANALYSIS
2.1. Maple Lane Nurseries & Landscape, Bowmanville, Ontario, submitted the
low bid. The low bid meets the specifications outlined in the tender.
2.2. Maple Lane Nurseries & Landscape has previously performed work for the
Municipality of Clarington and provided satisfactory service.
3. FINANCIAL IMPLICATIONS
3.1. The required funds for this acquisition total $33,440.00 (plus G.S.T.), and
falls within the allocated 2008 Operations Operating Budget.
3.2. The funds in the amount of $27,995.00 for Part A Supply, Delivery and
Installation of Various Trees and $5,445.00 for Part B Stump Grinding
Requirements will be drawn from be drawn from Operations Department
2008 Operating Account # 100-36-325-10115-7163.
3
1425
REPORT NO.: COD-057-08
PAGE 4
4. CONCLUSION
4.1. To award the contract to Maple Lane Nurseries & Landscape,
Bowmanville, Ontario being the lowest responsible bidder meeting all
terms, conditions and specifications of CL2008-34 Supply, Delivery and
Installation of Various Trees & Stump Grinding Requirements for the
Municipality of Clarington.
5. INPUT FROM OTHER SOURCES
5.1. This report has been reviewed for recommendation by the Purchasing
Manager, with the appropriate departments and circulated as follows:
Concurrence:
Director of Operations
Attachments:
Attachment 1 - Schedule "A", Bid Summary
1126
Schedule "A"
Bid Summary
Tender CL2008-34
BIDDER .. PARTA-TOTALBID PART B - TOTAL BID
(ExcludinQ GST) (Excluding G$T)
Maple Lane Nurseries &
Landscape $27,995.00 $5,445.00
Bowmanville, ON
Cressman Tree Maintenance &
Landscaping Ltd. $31,025.00 $11,240.00
Cobourg, ON
Iron Trio Inc.
Concord, ON $35,995.00* NO BID
Total Tree Service Inc.
Whitby, ON NOBID $5,480.00**
*bid submission revised due to arithmetic error
**improper bid, unit pricing not submitted
1427
CI~ilJglOn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
General Purpose and Administration Committee
Date:
October 6, 2008
Resolution #:
Report #: COD-059-08
File#:
By-law #:
Subject:
Review of Clarington.net, Publication
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-059-08 be received.
Submitted by:
rie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed by( )~~
Franklin Wu
Chief Administrative Officer
MM/JC/gj
ORPORATlON OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1428
REPORT NO.: COD-059-08
PAGE 2
1.0 BACKGROUND
During the 2008 budget deliberation process, Council received report # COD-
001-08 (2007 Advertising Review). Although the focus of the report was the
corporate newspaper advertising program, it also included a discussion about
publishing a corporate/municipal newsletter. As a result, the following resolution
(GPA-028-08) was proposed and later ratified at the January 28, 2008 meeting of
Council.
"THA T Report COD- 001-08 be received for information;
THA T $ 20,000 be added to the Advertising Budget to allow for the publication of
a quarterly communique: and,
THA T a status report on the publication be provided to the Genera/ Purpose and
Administration Committee in the fall of 2008. "
Subsequent to this meeting a new line account was created for the purpose of
keeping the costs of the corporate newsletter (Clarington.net) separate for easy
monitoring and tracking. All expenses (printing and postage) are charged to
Account 100-16-161-00000-7187.
FEBRUARY
MAY
AUGUST
NOVEMBER'
Clarington.net EXPENSES:
ISSUE PRINTING
PAGES EXPENSE
4 $ 2,237.38
8 $ 3,522.45
8 $ 3,641.25
8 $ 3,830.00
POSTAGE
HOUSEHOLDS EXPENSE
29,106 $ 3,314.58
29,202 $ 3,325.52
29,350 $ 3,201.32
29,76iT $ 3,238.00
TOTAL EXPENSE
$ 5,551.96
$ 6,847.97
$ 6,842.57
$ 7,068.00
$ 26,310.00
1 November expenses are projected based on: no further increase in page count; no more than the projected 0.41%
increase in the number of households; and, circulation only increases to 30,500 copies to accommodate projected
household count.
2 Source _ Canada Post Household Counts Chtto:/Iwww.canadaoost.ca/coc2/addrm/hh/currenVindexo/coALL-e.aso
1429
REPORT NO.: COD-059-08
PAGE 3
Note that the number of households receiving the newsletter increased from
29,106 in February to 29,767 for the November issue - an increase of almost
2.5% (+661 residences). To accommodate this, the November publication copy
run will increase to 30,500 from the planned 29,500 - which will have an impact
to the 2008 current budget allocation.
2.0 KEY POINTS
Page count increased with the May issue due to the volume of material provided
by municipal departments, municipal agencies (library, museums, visual arts
centre) and community groups/organizations.
Transportation fees paid to Canada Post were not paid for the August issue as
the printer provided the service at a significantly lower cost. It was confirmed with
all post offices that the material was received and delivered. This includes the
Port Hope Post Office from which the eastern side of Clarington's mail (e.g.
Kendal, Newtonville) is delivered.
The publication is also available online (htto:/Inewsletter.clarinaton.net).
Additional copies (difference between # printed and # delivered to Canada Post)
are available in the lobby of the Municipal Administration Centre, and the
branches of the Clarington Public Library.
The publication is delivered to any resident in Clarington who has NOT registered
with Canada Post to not receive unaddressed ad mail- which is the postal
classification given to the Clarington.net. The "Consumer's Choice" program was
introduced by Canada Post (July 2, 1997) and respects the consumers' wish not
to receive unaddressed material. There are five exemptions under the Program:
. House of Commons mailings
. Elections Canada mailings
. Provincial Chief Electoral Officers' mailings
. Municipal electoral mailings
. Community newspapers.
1430
REPORT NO.: COD-059-08
PAGE 4
3.0 OBSERVATIONS
Non-municipal contributors love the publication as it assists them in promoting
their programs and services at no cost. Most (if not all) do not have budgets that
would enable them to access newspaper publications such as Clarington This
Week and the circulation of the Orono Weekly Times.
The timeline from initiating email (requesting material submissions) to final
publication is approximately 3 weeks - in theory. In practical terms, given the
workflow of the Communications Division, the time line is closer to 8 weeks.
Community Services, Communications & Tourism and Emergency & Fire are the
largest (most consistent) municipal contributors.
4.0 COMMENTS/SUMMARY
The publication appears to be very well received by the residents but it would be
helpful to have documentation to support this assessment. To achieve this, staff
recommends that the Municipality implement a media habits survey in 2009
which would include the Clarington.net publication. Not only the survey provide
information on the public's reception of the municipal publication, it would also
provide the Municipality with some insight into the public's preferred media -
radio, television, print, and/or internet - for getting the information they require.
Advertising would both increase expenses and decrease expenses. There would
have to be a balance between the costs of printing (because advertising would
definitely increase the number of pages per issue) and the revenue generated.
The revenue would have to cover the cost of printing, mailing and advertising
sales (commission). More notable would be the change in the production timeline
which would increase to incorporate advertising sales with design and placement
requirements.
With the publication of the November issue, the original budget ($20,000) will be
overspent by approximately $ 6,500.
1431
REPORT NO.: COD-059-08
PAGE 5
Controllable costs (printing) are stabilized provided that the publication does not
exceed the current 8-page count. The total number of copies printed will be
increased to 124,000 (31,000 copies/issue) for 2009 to accommodate the
increasing number of households that Canada Post delivers to. The cost of
postage ($0.106/piece) for the increased distribution will also be factored into the
2009 budget proposal. It is recommended that the publication continue at 4
issues for the 2009 budget year. The projected 2009 expense, based on the
2008 actual expense incurred, will be included in the budget estimates for
Council consideration in budget deliberations.
1432
Cl!Jlmglon
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6lh, 2008
Report #: COD-060-08
File#_
By-law #
Subject:
RFP2008-2, GARNET B. RICKARD RECREATION COMPLEX
LEASE SPACE - COMMUNITY CARE DURHAM
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-060-08 be received for information; and;
2. THAT staff report back to Council on the results of the negotiations with Denrain
International Inc.
Submitted by:
~
i arano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by:
(~)~~~~.
Franklin Wu,
Chief Administrative Officer
MMIJDBlkm
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-060-08
PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND AND COMMENT
1.1. At their meeting of July 14th Council adopted recommendations authorizing staff
to proceed with negotiations with Community Care Durham for the lease of
approximately 5005 square feet of space at the Garnet B. Rickard Recreations
Complex, formerly Total Hockey Museum.
1.2. Provision was also made for the possibility that negotiations with Community
Care Durham could fail and authorization was provided to allow staff to proceed
with negotiations with the alternate proponent, Denrain International Inc. and
further, that staff report back to Council on the results of the negotiations.
2. COMMENTS
2.1. Discussions with Community Care Durham began immediately following Council
approval of the staff report.
2.2. The first priority was the identification of renovations needed to complete the
conversion from museum space to office space. Several visits were made to the
site to discuss access, layout and changes to the structure.
2.3. Community Care Durham completed a space design of the facility in order to
have an updated estimate of cost provided by a contractor before moving to the
final design phase.
2.4. In their original proposal Community Care Durham estimated their costs to be in
the area of $150,000.00 to $200,000.00. This estimate was based largely on
past renovations. The new estimate provided by the contractor and based on the
space design was approximately $300,000.00 and this did not include
professional fees for architectural services and telephone.
1434
REPORT NO.: COD-060-0S
PAGE 3
2.5. The above construction estimate exceeded the Community Care Durham budget
estimate by a significant amount putting the project out of reach. Accordingly,
Community Care Durham withdrew their proposal. A copy of their letter is
attached as Schedule A.
2.6. As provided in the staff report to Council staff approached Denrain International
Inc. to determine their interest in pursuing their proposal. Denrain International
Inc. has responded favourably to the invitation and the first meeting to discuss
the dry land training facility project is scheduled for October 2, 2008. The facility
will cater to athletes of all ages and will focus on core training, coordination,
cardio, strength and agility training. Although the focus will be on hockey, other
sports such as lacrosse, track and field, football, ringette, rugby and baseball will
be covered.
2.7. If and when negotiation is completed with Denrain International staff will bring
forth a report for Council consideration.
Attachments:
Attachment 1 - Schedule "A", Community Care Durham letter
1435
COPE Mental Health
Program
Individual Support
Group Support
Education
Home Support
Program
Meals on Wheels
Transportation
Accessible Van
Friendly Visiting
Foot Care Clinics
Luncheon QuI
T elephon€ ReassClrance
Home Maintenance
Home Help
Respite Program
Adult Day Programs
In.Home Respite
Offices Serving
Ajax-Pickering
Brock
Clarington
Oshawa
80u909
Uxbridge
Whitby
Charitable Reg.#
11R8S 'VJ):, RROOOI
Volunteer and
become an
everyday hero
.
A I in/v,; Will
rAf..]il.lf:1 Ll<~f':rc~
~
Community Care Durham
ATTACHMENT #1
September 23, 2008
Oshawa Centre
419 King Slreet West, Suite #605
Oshawa, ON L1J 2K5
Tel: 905-404.2224. Fax: 905.404.2241
www.communitycaredurham.on.ca
Mr. Jerry Barber
The Corporation of the
Municipality of Clarington
Manager Purchasing Office
40 Temperance Street
Bowrnanville, ON LlC 3A6
Dear Jerry:
On June 5, 2008, Community Care Durham submitted a proposal to the Municipality
of Clarington to lease 5005 square feet of space at the Garnet B. Rickard Recreation
Complex.
Based on feasibility drawings, and a rough estimate from a contractor familiar with
this type ofrenovation, the cost to improve this space for our needs far exceeds our
estimate as outlined in section 3 (Design & Leasehold hnprovernents) of the proposaL
As a result, Community Care Durham's Board of Directors did not approve the
relocation.
Thank you for considering Community Care Durham; however, we regret to inform
you that we must withdraw our proposal to lease the entire 5005 square feet. In section
2 of the proposal (Proposed use of space and fit within the complex), we mentioned
that partial occupancy is an option ifthe Newcastle Adult Day Program was not re-
located. If this is a possibility, we would be agreeable to discuss sharing the proposed
space with another tenant.
Sincerely,
~...~-
Barbara Murcott
Director, Administration & Fin(lIlce
cc: George Acorn, Clarington
Sandra McKee, Clarington
Brent Farr, Community Care Durham
Sally Barrie, Community Care Durham
Jennifer Rusaw, Community Care Durham
Helping people live at home
1436
Cl!J!inglOn
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY, OCTOBER 6,2008
Resolution #:
Report #: FND-021-08
File#:
By-law #:
Subject:
LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUND OF TAXES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-021-08 be received; and
2. THAT the attached list of applications for cancellation, reduction, apportionments
or refund of taxes be approved.
RevieWedbY:O~~
Franklin Wu
Chief Administrative Officer
NMT/MWF/MAM/hjl
1501
REPORT NO.: FND..()21.08
PAGE 2
BACKGROUND
Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of
applications for cancellation, reduction, apportionments or refund of taxes is presented
to Committee for its review and approval.
Section 357(3 & 4) indicates that the Council shall hear and dispose of every application
not later than the 30th day of April in the year following the year in respect of which the
application is made. The last day for making application for the previous year's tax
reduction is the 28th day of February in the following year.
More specifically, under Section 354, the Treasurer shall recommend to Council that
outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by
reason of a decision under Section 357 or 358, or of a decision of a judge of any court
or that the taxes are uncollectible.
An application for a cancellation, reduction or refund may be made for one of the
following reasons:
. Ceased to be liable to be taxed at rate it was;
. real property becomes exempt;
. razed by fire, demolition or otherwise;
. damaged by fire, demolition or otherwise (substantially unusable)
. removal of a mobile unit;
. sickness or extreme poverty;
. gross or manifest clerical error; and
. repairs/renovations preventing normal use of period of 3 months.
The 357 and the 358 process begins when an application is prepared by either the
Regional Assessment Office or the Tax Department. The neighbourhood assessor will
perform an on-site inspection of the property. The assessor will verify the reason for the
application, the period of time, for which the tax relief is claimed, and the amount and
type of assessment that is affected. The application is then sent back to the Tax
Department where the actual tax adjustment is calculated and the taxpayer's account
adjusted.
1502
REPORT NO.: FND-021-oS
PAGE 3
Section 356, deals with severances or divisions into parcels. These parcels of land
were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being
apportioned to the individual properties which are now severed/consolidated.
Therefore, tax amounts are removed from one roll number and applied to another roll
number as determined by MPAC.
The total amount of taxes to be written off, for January 1 to August 31, 2008, as shown
in this report total $15,159.66.
Attachment:
Attachment "A" - Write-Off Report Jan. 1 to Aug. 31,2008.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1503
Attachment "A"
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1506
q~iJlgton
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY OCTOBER 6, 2008
Resolution #:
Report #: FND-022-08
File#:
By-law #:
Subject:
MUNICIPAL PERFORMANCE MEASURES PROGRAM - 2007
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-022-08 be received for information.
Reviewed bf2....~ ~ '
Franklin Wu,
Chief Administrative Officer.
NT/RB/hjl
1507
REPORT NO.: FND-022-08
PAGE 2
BACKGROUND:
1.0 On November 2007 the Province announced the formal requirements for Year 8
(2007) of the Municipal Performance Measures Program (MPMP).
1.1 The required measures have been filed with the Ministry of Municipal Affairs and
Housing and are included as Schedule "A".
1.2 The Province has mandated that these measures be published for taxpayers by
September 30, 2008. The information will be posted on the Municipality's website
and were presented at the Clarington Board of Trade Annual Mayor's event,
September 30, 2008.
1.3 The provincial objectives of the MPMP are to enhance accountability to taxpayers,
increase taxpayer awareness and share best practices between municipalities.
The information is intended to be used as a tool to gauge improvements in service
delivery year over year.
CONCLUSION:
2.0 It is recommended that the Municipal Performance Measures Program results for
2007 be received for information.
Attachments:
Schedule "A" - Performance Measures for 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1508
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Efficiency Measure
Operating costs for governance and corporate management as a percentage of total municipal
operating costs.
Objective
Efficient municipal government.
Notes & Key Factors for Understanding Results
The formula for the local government measure was changed in 2007 to align it with the formula for operating costs
used by other efficiency measures.
SLC 91 0205 13 Financiallnfonnation Return.
Fire Services
Efficiency Measure
Operating costs for fire services per $1,000 of assessment.
Objective
Efficient fire services.
Notes & Key Factors for Understanding Results
Additional firefighters were hired in 2007 as part of an ongoing effort to address staffing issues
on a composite force.
Fonnulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 1102 13 Financiallnfonnation Retum.
1509
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Roads
Efficiency Measure
Operating costs for paved (hard top) roads per lane kilometre.
Objective
Efficient maintenance of paved roads.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 210713 Financial Information Return.
Efficiency Measure
Operating costs for unpaved (loose top) roads per lane kilometre.
Objective
Efficient maintenance of unpaved roads.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 2108 13 Financial Information Return.
Efficiency Measure
Operating costs for winter maintenance of roadways per-lane kilometre maintained in winter.
Objective
Efficient winter maintenance of roads.
-----~-_._---------_._._-_.- ......----.---------..--.-.....----------.-----..-------.--.-----.--.-..------...------------ -----~-----_._--
Notes & Key Factors for Understanding Results
2007 winter season had extremely harsh winter conditions with significant snow accumulation
and a large number of ice/flash freeze conditions. Winter call outs increased from 52 calls in
2006 to 89 calls in 2007.
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 2204 13 Financial Information Return.
2
1510
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Effectiveness Measure
Percentage of paved lane kilometres where the condition is rated as good to very good.
Objective
Pavement condition meets municipal objectives.
Notes & Key Factors for Understanding Results
Increasing costs of asphalt products has reduced the amount of work that can be accomplished
within the same funding envelope. .
SLC 92 2152 07 Financiallnforrnation Return.
Effectiveness Measure
Percentage of winter events where the response met or exceeded locally determined municipal
service levels for road maintenance.
Objective
Appropriate response to winter storm events.
Notes & Key Factors for Understanding Results
The Operations Department continues to closely monitor weather forecasts including the
Provincial Road Weather Information System (RWIS) which accurately predicts each hour
anticipated precipitation, air and pavement temperature, dew point temperature (the moment
fog occurs) and wind speed/gusts, and respond accordingly.
SLC 92 2251 07 Financial Information Return.
3
1511
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Storm Water
Efficiency Measure
Operating costs for urban storm water management (collection, treatment, disposal) per
kilometre of drainage system.
Objective
Efficient urban storm water management.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
In 2006, the definttion of kilometres of drainage system was redefined to eliminate connections; catch basins were
retained.
Reported by municipalities wtth a separate storm water system.
SLC 91 3207 13 Financial Information Return.
Efficiency Measure
Operating costs for rural storm water management (collection, treatment, disposal) per
kilometre of drainage system.
Objective
Efficient rural storm water management.
Notes & Key Factors for Understanding Results
Formuias for all efficiency measures were changed in 2005 to improve the definition of operating costs.
In 2006, the definition of kilometres of drainage system was redefined to eliminate connections; catch basins were
retained
Reported by municipalities with a separate storm water system.
SLC 91 3208 13 Financiai Information Return.
4
1512
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Parks and Recreation
Efficiency Measure
Operating costs for parks per person.
Objective
Efficient operation of parks.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 7102 13 Financiallnfonmation Return.
Efficiency Measure
Operating costs for recreation programs per person.
Objective
Efficient operation of recreation programs.
Notes & Key Factors for Understanding Results
In 2007. a portion of recreation administration expenditures was allocated to recreation-
programs from recreation- facilities.
Formulas for aU efficiency measures were changed in 2005 10 improve the definition of operating costs.
This measure is based on total population, not the population participating in recreation programs.
SLC 91 720213 Financiallnlormation Return,
5
1513
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Efficiency Measure
Operating costs for recreation facilities per person.
Objective
Efficient operation of recreation facilities.
Notes & Key Factors for Understanding Results
In 2007. a portion of the recreation administration expenditures was allocated to recreation-
programs from recreation- facilities.
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 7303 13 Financiai information Return.
Efficiency Measure
Operating costs for recreation programs and recreation facilities per person (Subtotal).
Objective
Efficient operation of recreation programs and recreation facilities.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
This measure represents a subtotal and is automatically completed when a municipality reports one or more
efficiency measures for parkS and recreation.
SLC 91 7305 13 Financial Information Return.
6
1514
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Effectiveness Measure
Total kilometres of trails.
SLC 92 7152 05 Financial Information Return.
2007
.225
2006
.191
2005
.123
2004
.113
Effectiveness Measure
Total kilometres of trails per 1,000 persons.
Objective
Trails provide recreation opportunities.
SLC 92 7152 07 Financial Information Return.
Notes & Key Factors for Understanding Results
Effectiveness Measure
Hectares of open space (municipally owned).
SLC 92 7155 05 Financiallnforrnation Return.
2007 2006
4.485 4.506
Effectiveness Measure
Hectares of open space per 1,000 persons (municipally owned).
Objective
Open space is adequate for population.
SLC 92 7155 07 Financiallnforrnation Return.
Notes & Key Factors for Understanding Results
7
1515
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Effectiveness Measure
Total participant hours for recreation programs per 1,000 persons.
Objective
Recreation programs serve needs of residents..
Notes & Key F'actors for Understanding Results
This measure was redefined in 2005 to exclude special events.
The denominator of this measure is total population divided by 1,000 and does not represent the number of
participants in recreation programs.
SLC 92 7255 07 Financiallnfonmation Return.
.....
Effectiveness Measure
Square metres of indoor recreation facilities (municipally owned).
SLC 92 7356 05 Financial Information Retum.
2007
312.130
2006
309.713
Effectiveness Measure
Square metres of indoor recreation facility space per 1,000 persons (municipally owned).
Objective
Recreation facility space is adequate for population.
In 2006, the measure for recreation facilities was split into a measure of indoor recreation facilities and a measure
of outdoor recreation faciiity space. The new measures are defined as municipally owned facilities.
SLC 92 7356 07 Financiallnfonmation Retum.
Notes & Key Factors for Understanding Results
Increase of square meters of indoor recreation facility space due to 465 square meter
expansion at one facility.
8
1516
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
.....
Effectiveness Measure
Square metres of outdoor recreation facility space (municipally owned).
SLC 92 7359 05 Financial Information Return.
2007
37.621
2006
22.006
Effectiveness Measure
Square metres of outdoor recreation facility space per 1,000 persons (municipally owned).
Objective
Recreation facility space is adequate for population.
In 2006, the measure of recreation facilities was split into a measure of indoor recreation facilities and a measure of
outdoor recreation facility space. The new measures are defined as municipally owned facilities.
SLC 92 7359 07 Financiallnforrnation Return.
Notes & Key Factors for Understanding Results
Addition of a 1,338 square meters outdoor lacrosse bowl.
9
1517
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Libraries
Efficiency Measure
Operating costs for library services per person.
Objective
Efficient library services.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91 740313 Financial Information Return.
Efficiency Measure
Operating costs for library services per use.
Objective
Efficient library services.
Notes & Key Factors for Understanding Results
Formulas for all efficiency measures were changed in 2005 to improve the definition of operating costs.
SLC 91740413 Financial Information Return.
10
1518
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
, .
Effectiveness Measure
Library uses per person.
Objective
Increased use of library services.
Notes & Key Factors for Understanding Results
SLC 92 7460 07 Financiallnformalion Return.
Effectiveness Measure
Electronic library uses as a percentage of total library uses.
Objective
Better information on library usage.
Notes & Key Factors for Understanding Results
SLC 92 7461 07 Financial Information Return.
Effectiveness Measure
Non-electronic library uses as a percentage of total library uses.
Objective
Better information on library usage.
Notes & Key Factors for Understanding Results
SLC 92 7462 07 Financial Information Return.
11
1519
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Land Use Planning
Effectiveness Measure
Percentage of new residential units located within settlement areas.
Objective
New residential development is occurring within settlement areas.
Notes & Key Factors for Understanding Results
SLC 92 8170 07 Financial Information Return.
In 2007, the measure for the location of new development was redefined for greater accuracy.
Effectiveness Measure
Percentage of land designated for agricultural purposes which was not re-designated for other
uses during the reporting year.
Objective
Preservation of agricultural land.
Notes & Key Factors for Understanding Results
SLC 92 8163 07 Financial Information Return.
12
1520
MUNICIPALITY OF CLARINGTON
Municipal Performance Measurement Program. 2007 RESULTS
Effectiveness Measure
Percentage of land designated for agricultural purposes which was not re-designated for other
uses relative to the base year of 2000.
Objective
Preservation of agricultural land.
Notes & Key Factors for Understanding Results
SLC 92 8164 07 Financial Information Return.
Effectiveness Measure
Number of hectares of land originally designated for agricultural purposes which was
re-designated for other uses during the reporting year.
Objective
Preservation of agricultural land.
Notes & Key Factors for Understanding Results
SLC 92 8165 07 Financial Information Return.
13
1521
MUNICIPALITY OF CLARINGTON
Municipal Perfonnance Measurement Program. 2007 RESULTS
Effectiveness Measure
Number of hectares of land originally designated for agricultural purposes which was
re-designated for other uses since January 1, 2000.
Objective
Preservation of agricultural land.
Notes & Key Factors for Understanding Results
SLC 92 8166 07 Financial Information Return.
14
1522
Cl~i!]gron
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
October 6, 2008
Report #: CAO-10-08
File:
By-law #:
Subject:
Corporate Strategic Business Plan 2007.2010
2008 Progress Report
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-10-08 and the attached 2008 Progress Report be received for
information.
Submitted bY:O ~ -.::.- 0... 'Xt
Franklin Wu
Chief Administrative Officer
Attach.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1601
REPORT NO.: CAO-10-QS
PAGE 2
REPORT:
1. The Corporate Strategic Business Plan was completed in May 2007 through the
collaboration between Council members and senior staff. The Plan sets out six
major business focuses for the Municipality and identifies numerous strategies and
action items to be implemented throughout the term of this current Council.
2. Prior to carrying out the many action items, a significant amount of time was devoted
to prioritize them and to phase them over the four-year time frame in consideration
of the available resources. Staff wishes to advise that we are now well on our way to
implement the many action items identified in the Plan and is pleased to provide the
attached Progress Report summarizing the status of each of the action items.
3. The works necessary to carry out the many action items are continuous in most
instances and staff expect more will be accomplished in the next couple years. In
any event, staff will report to Council on an annual basis as to our ongoing efforts to
implement the Plan and thank Members of Council for their support and feedback.
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1612
Cfmillgton
MEMO
PLANNING SERVICES
TO:
Mayor and Members of Council
FROM:
David J. Creme, Director of Planning Services
. DATE:
October 1, 2008
SUBJECT:
PROPOSED SHOPPERS DRUG MART - COURTICE
APPLICANT: EDWARD WHITING
FILE: ZBA2008-0015
At the September 8, 2008 meeting of the General Purpose and Administration Committee Report PSD-
087-08 was received and the application was to continue to be processed having regard for the
comments received at the meeting or in writing. The Committee also directed staff to submit a report to
the Committee for October 6th, 2008.
Since the meeting, staff met with Valiant Property Management, who had raised concerns and
requested a meeting with staff. There were other concerns raised by adjacent landowners and the
proponent is now addressing those issues.
By a separate letter, the applicant has now requested that the application be considered at a later time
to allow them additional time to address the issues raised at the public meeting. Staff would concur
with this request.
It is recommended that Council pass the following resolution:
That the correspondence dated September 25, 2008 from Eldon Theodore of MHBC Planning and the
memo from the Director of Planning Services dated October 1, 2008 be received for information and
that a report on the rezoning application to permit a Shoppers Drug Mart at the comer of Varcoe Road
and Highway 2 in Courtice be forwarded to the General Purpose and Administration Committee at the
earliest possible opportunity.
If you have any questions please do not hesitate to contact me.
Yours truly,
c-:;\X%~~
O<"<9avid Crome
'\ DJC:sn
cc. Franklin Wu, Chief Administrative Officer
~ttf'B8~;~aretef1< .
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 TF 1-800-563-1195 F 905-623-0830
1901
111
l\;1HBC
" i..u./
7050 Weston Road, Suite #230
Woodbridge. Ontario L4L 8G7
T: (905) 761.5588
F: (90S) 761.5589
Toll Free: 1 (800) 813.9204
www.mhbcplan.com
Ian F. MacNaughton
MA, FCIP, RPP
Bernard P. Hermsen
BES, MClF. RFP
Paul R. Britton
BES. MClF, RFP
W. Brent Clarkson
MA, MClF, RFP
James D. Parkin
BES, MClF. RFP
Carol M. Wiebe
BES
Kris Menzies
BES, MCIP, RFP
David A. McKay
BES. MCIP, RFP
Brian A. Zeman
BES. MCIP, RFP
Offices in:
. Kitchener
. Vaughan
. London
. Kingston
. Barrie
City, Town and Rural Planning
Municipal Plans and Studies
Land Development
Urban Design I
Community Planning
Landscape Architecture
Natural Resource
and Aggregate Planning
Expert Evidence and Mediation
Project Management
September 25,2008
C. Anne Greentree
Deputy Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, ON. L 1 C 3A6.
Dear Ms. Greentree;
RE: REZONING APPLICATION TO PERMIT A SHOPPERS DRUG MART AND
SECOND STOREY OFFICE SPACE - EDWARD WHITING (C/O SHOPPERS
REAL TV INC.) - FILE NO.: D14.ZBA200S-G015 - OUR FILE Y565W
Further to your letter of September 17, 2008 referencing resolution #GPA-476-08
(Attached), please accept this letter as our formal request to postpone the
submission of a report to the General Purpose Administration meeting of October
6"', 2008.
This postponement is required in order to provide additional time to work with
Municipal Staff to resolve a number of the outstanding issues raised at the public
meeting, specifically issues raised by adjacent landowners. This postponement
will also provide additional time to work with Municipal Staff to ensure that the
wording of the implementing Zoning By-law is satisfactory. Once we are confident
that these matters have been addressed, we will request that staff proceed with
submitting the necessary report to the next available General Purpose
Administration Meeting.
Please confirm that this request can be accommodated.
Yours truly,
MHBC PLANNING
C~L
Eldon C. Theodore, BES, MCIP, RPP
c. Peter Kulkarni, David McKay, Richard Holy, Carlos Salazar
1902
~
C ..-.--"....I''t'"
i , "'
\....J-
September 17, 2008
Edward Whiting
clo Kim Johnson
40 Worthington Drive
Courtlce, ON L 1 E 3A4
Dear Mr. Whiting:
RE: REZONING APPLICATION TO PERMIT A SHOPPERS DRUG MART AND
SECOND STOREY OFFICE SPACE
APPLICANT: EDWARD WHITING (C/O SHOPPERS REAL TV INC.)
FILE NO.: D14.zBA200804015
At a meeting held on September 15, 2008, the Council of the Municipality of Clarington
approved the following resolution #GPA-476-08:
"THAT Report PSD-087-08 be received;
THAT the Rezoning application to permit a Shoppers Drug Mart and second storey
office space, continue to be processed and that Staff consider the comments
received in writing or at the Public Meeting prior to finalizing the application;
THAT Staff be directed to submit a report to the Committee at the General Purpose
Administration meeting scheduled for October 6, 2008; and
THAT any interested parties or delegations be advised of Council's decision."
Yours truly, /J
~~fl
C( nne reentree, BA, CMO
Deputy Clerk
CAG"mea
c: See attached Distribution List
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L lC 3A6 T ~cBOO3-3379
E. Whiting
2
DISTRIBUTION LIST
Peter Kulkarni, Shoppers Realty Inc. /
David McKay, MDBC Planning
Robert Hann, Halloway Holdings Limited
Randy Jeffrey, Birchdale Investments Limited
Jim & Lorraine Ewen
Beth Kelly, Valiant Property Management
David Crome, Director of Planning Services
September 17, 2008
1904
ClfJ!il1gron
MEMO
PLANNING SERVICES
TO: Mayor and Members of Council
FROM: David J. Creme, Director of Planning Services
DATE: October 2,2008
SUBJECT: APPLICATIONS BY PORT DARLINGTON LAND CORPORATION
(THE KAITLlN GROUP) TO AMEND THE CLARINGTON OFFICIAL PLAN
AND PERMIT A DRAFT PLAN OF SUBDIVISION ON THE LANDS
BETWEEN BENNETT ROAD AND LAMBS ROAD ON THE WATERFRONT
FILE NOS.: COPA 2002-006; DRAFT PLAN OF SUBDIVISION S-C-2002-02
AND ZBA 2002-002
At the September 8, 2008 General Purpose and Administration (GPA) Committee meeting,
Report PSD-091-08 was tabled to the next GPA Committee meeting of October 6, 2008 to
provide Council time to better understand the Report, the financial impact study and concerns
raised during at the meeting.
Staff undertook to meet with the applicant to review the issues. A meeting with the applicant
could not be arranged until October 1st, 2008. Staff need additional time to consider further the
matters discussed at the meeting. Accordingly, it is recommended that Report PSD-091-08
remain tabled. Staff will be preparing an Addendum report for a future GPA meeting.
~o~ ~\oo:..v
~avid J. Crome
DJC:sn
cc: Franklin Wu, Chief Administrative Officer
~i~dftI!~4;MwnlOipafil€lerk
Tony Cannella, Director of Engineering Services
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 TF 1-800--563-1195 F 905-623-0830
1905
DRAFT LIST
OF DELEGATIONS
GPA Meeting: October 6, 2008
(a) Stephen Hogg, Regarding Report PSD-099-0S
(b) Libby Racansky, Regarding Report PSD-102-DS
(c) Richard Ward, Regarding Taxes and Receive for Information
(d) Beth Kelly, Valiant Property Management, Regarding Rezoning
Application to Permit a Shoppers Drug Mart
(e) Markus Lise, Regarding The Sea to Sea Bike Tour
(f) Nick Mensink, Semas Associates, Regarding Report PSD-1 DO-OS
601
C@r#]gron
MEMO
CLERK'S DEPARTMENT
To:
From:
Date:
Subject:
Mayor Abernethy and Members of Council
Anne Greentree, Deputy Clerk
October 3, 2008
GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING
AGENDA - OCTOBER 6,2008 - UPDATE
Please be advised of the following amendments to the GPA agenda for the meeting to be
held on Monday, October 6,2008:
6. DELEGATIONS
See attached Final List
Mr. James r h has submitted the attached correspondence for your information, in
opposition.to Re ort PSD-1 00-08.
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: October 6, 2008
(a) Stephen Hogg, Regarding Report PSD-099-08
(b) Libby Racansky, Regarding Report PSD-102-08
.
(c) Richard Ward, Regarding Taxes and Receive for Information
(d) Markus Lise, Regarding The Sea to Sea Bike Tour
(e) Nick Mensink, Sernas Associates, Regarding Report PSD-100-08
Atkinson, Ellen
From: Barrie, Patti
Sent: Friday, October 03, 2008 8:56 AM
To: Atkinson, Ellen
Subject: FW: Zoning by law 84-63 Objection
Please include this letter with your memo.
Patti L. Barrie, CMO
Municipal Clerk
-----Original Message-----
From: .1 _ __ __
Sent: Friaay, October 03, 2008 3:27 AM
To: Barrie, Patti
Cc: Crome, David; Pellarin, Carlo; Webster, Tracey; MayorsExternalMailGroup; Trim, Charlie
Subject: Zoning by law 84-63 Objection
Friday October 3 2008
Attention: Mayor and Council
Subject: Registration of objection to: ZBA2008-0004- General Amendment to Zoning By-law 84-63
Regarding Recreational Vehicle Parking and Accessory Buildings and Structures
This objection is specifically related to the provisions of the subject By-law in respect to the Recreational
Vehicle Parking. It should be noted that I was advised the staff report would be available online for
review late Thursday afternoon and as of Friday at the time of this letter it is still not available. I believe
that this has put me at a disadvantage as I am not able to review the report prior to expressing my
objection. I am not able to attend a meeting on a Monday at 9:30 am Oct 6 and the following week I am
New York on business.
At the outset I would like to state that I am the owner of a recreational vehicle and would not suffer any
damage or inconvenience as a result of passage and implementation of the By-law amendment. I have
been parking my trailer on my property at 30 Shipley Avenue and have done so since its purchase in
June 2006. This summer, to the knowledge of the By-law department, I upgraded and widened my
driveway to better accommodate the trailer and paid the fees for the widening and application.
Accordingly, I have "grandfather" rights to continue parking the trailer at this location should any
amendment effect a prohibition the practice.
Thus my concern and objection is related to what I consider an unnecessary prohibition against anyone
in the municipality who acquires a recreational vehicle or decides to park a previously acquired one at
their residence. As we are all well aware, economic conditions are not what one might consider the best
and no one needs additional expenses. With exceptions, recreational vehicles allow their users to go
places and do things- as a family- that might otherwise be impossible. Is there going to be an equal
10/3/2008
consideration to reduce property taxes for those who will be forced to seek a private storage facility?
Now, if the parking prohibition were to be implemented anyone affected by it would have to secure a
parking spot outside the area of prohibition. There are a few approved and tax paying businesses that
provide parking at, roughly speaking, about $600 per annum. There are also unlicensed locations were
rental parking is available as a sideline to another activity such as farming. Added to this would be the
cost in dollars and time to bring the vehicle "home" to be prepared and loaded for an outing.
I fully support any action to ensure that my fellow citizens are not subjected to significant inconvenience
from the practices of their neighbors. In my research for preparation of this objection I found situations
that should most certainly be rectified. In one case a large sailboat was parked in a driveway and its
lowered mast blocked the Sidewalk in front of the house. Such things must be prohibited and neighbors
must be able to exit their driveways without having their sightlines dangerously restricted.
At present our By-laws require certain standards be maintained, amongst others, in respect to the
parking area. These must be enforced. At time of writing I have no knowledge as to why the
amendment is being proposed and is it being proposed because there are hundreds of documented
complaints or a handful, I formally request an answer to this point as well.
I have had discussion with several other trailer owners both boat and travel trailer and my sense is that
it will be fairly simple to gain wide scale support to oppose this proposed amendment. If this amendment
is going to continue I would request notification of the key timelines and dates so that I am able to
arrange and organize the objections in a timely manner.
Yours sincerely,
James Darrach
"Tis better to be silent and be thought a fool, than to speak and remove all doubt."
Abraham Lincoln
1 0/3/2008