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Home My WebLink About04/07/2003 - - CIC;[iJJgtnn - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: APRIL 7, 2003 9:30 A.M. - TIME: - PLACE: COUNCIL CHAMBERS 1. ROLL CALL - 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES (a) Minutes of a Regular Meeting of March 24, 2003 301 - 4. DELEGATIONS - (a) Arden Braun, 626 Longworth Avenue, Bowmanville, L 1 C 5B8 - Traffic concerns on Longworth Avenue - (b) Glenn Genge, D. G. Biddle & Associates Ltd., 96 King Street E., Oshawa, L 1 H 1 B6 - Report PSD-038-03 - 5. PUBLIC MEETING No Public Meeting scheduled for this meeting. - 6. PLANNING SERVICES DEPARTMENT - (a) PSD-037-03 - Monitoring of the Decisions of the Committee of Adjustment for the meeting of March 20, 2003 601 - (b) PSD-038-03 - Draft Plan of Subdivision Application Applicant: Waverley Road Properties Inc. 607 - (c) PSD-039-03 - Application for Removal of Part Lot Control - Applicant: 511060 Ontario Limited (Med- Tri Developments) 626 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 .. G.P.& A. Agenda - 2 - April 7 , 2003 ... ... 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-12-03 - Parking on Old Scugog Road and Boundary Road, ... Burketon 701 8. OPERATIONS DEPARTMENT ... (a) OPD-03-03 - Anti-Litter Campaign 801 - 9. EMERGENCY SERVICES DEPARTMENT No Reports .. 10. COMMUNITY SERVICES DEPARTMENT ... (a) CSD-06-03 - Clarington Sports Hall of Fame 1001 (b) CSD-07-03 - March Break Extravaganza 1004 .. 11. CLERK'S DEPARTMENT .. (a) CLD-16-03 - Weed Control 1101 12. CORPORATE SERVICES DEPARTMENT ... (a) COD-05-03 - Janitorial Services Contract 1201 ... (b) COD-10-03 - GeoSmart Application 1206 13. FINANCE DEPARTMENT ... No Reports ... 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ... No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS ... ... 17. ADJOURNMENT .. .. ... - THE MUNICIPALITY OF CLARINGTON - General Purpose and Administration Committee March 24, 2003 - - ROLL CALL - Present Were - - Also Present: - ... ... ... Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 24, 2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson (until 12:30 p.m.) Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella (until 11 :45 a.m.) Director of Community Services, J. Caruana (until 11 :50 a.m.) Director of Planning Services, D. Crome (until 11 :45 a.m.) Director of Operations, F. Horvath (until 11 :45 a.m.) Director of Corporate Services, M. Marano (until 11 :50 a.m.) Director of Finance/Treasurer, N. Taylor (until 11 :45 a.m.) Divisional Fire Chief, G. Weir (until 11 :45 a.m.) Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay (until 11 :45 a.m.) Mayor Mutton chaired this portion of the meeting. ... DISCLOSURE OF PECUNIARY INTEREST ... MINUTES ... ... - - - There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-129-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 3, 2003 be approved. "CARRIED" 301 G.P. & A. Minutes PRESENTATIONS DELEGATIONS -2- lIIlII March 24, 2003 ... Mayor Mutton presented Caprice Conners and Holly Armstrong, Student Pages, with a certificate for participating in the Page Program. ... lIIlII (a) Mayor Mutton along with Tracy Leonard and Erica Badley from the Community Services Department presented Lori Armour, Heart & Stroke Foundation, 209 Dundas Street E., Suite 201, Whitby, L 1 N 7H8 with a cheque in the amount of $734.50 from Community Services Department fundraiser which took place in February. .. .. (b) Mayor Mutton presented Nancy MacMaster, 83 Hobbs Drive, Bowmanville, L 1 C 3S 1 with a Certificate of Appreciation with respect to her 20 years of participation in the Heart & Stroke Drive. Nancy MacMaster is a valued member of the community. .... ... Mayor Mutton commented on the Article in the Canadian Statesman regarding the Bowmanville Eagles looking for a new location. Scott Mackie, owner, Terry Lynch, Manager and Peter Neil, minority owner are negotiating a new contract with Clarington. .... lIIlII Resolution #GPA-130-03 .. Moved by Councillor Schell, seconded by Councillor Robinson THAT Fred and Sandy Archibald be added to the list of delegations. ... ... "CARRIED" .... (a) Linda Gasser, 7421 Best Road, Orono, LOB 1MO was disappointed to hear staff recommending approval of Report .. PSD-033-03. Ms. Gasser felt the approval would be premature before the review of the Official Plan and zoning by-law. She felt a golf course is not agricultural related and lilt the applicants could never meet requirements. If approved, there would be a concern for a precedent. Winery is already a successful venture. Ms. Gasser questioned how would ... approval of a golf course help the primary agricultural operation. ... 302 ... ... G.P. & A. Minutes - 3 - March 24, 2003 - DELEGATIONS CONT'D. - - ... ... - - - - ... ... ... PUBLIC MEETING ... ... ... - - - The Region is undertaking major ground water studies. The total projected usage is close to the daily limit of 50,000 Iitres. She requested that the application be denied, however, if approved, she would like a temporary zoning so that the criteria can be assessed and be addressed where possible. Ms. Gasser would like to see the applicant provide an incentive to comply with all requirements. (b) Gerald Hasiuk, Box 730, Colborne, KOK 1S0 advised that the property at Baseline & Hancock Road has been purchased by MTO. He wanted to thank Council for all their cooperation. Mr. Hasiuk is pursuing the purchase of another property in Clarington. (c) Fred and Sandy Archibald, 6275 Liberty Street N. Bowmanville, L 1 C 3K6 - re: Report PSD-033-03 thanked staff and stated they felt the golf course would be a perfect fit and a unique combination of uses. This application adds charm and will attract residents and visitors to the municipality. Mr. Archibald stated he has a responsibility to the agricultural environment to be creative while still preserving the land. Mr. Archibald also stated in approving this application, Clarington would truly be "leading the way". He reiterated that at no time would they exceed the maximum water limit on any given day. The Conservation Authority is also satisfied with this proposal. Councillor Schell chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following application: (a) Clarington Official Plan and Plan of Subdivision Applicant: 699504 Ontario Ltd. (The Kaitlin Group) The Planning Services Department sent public notice for the official plan amendment and amendment to the subdivision application by first class mail on or before February 21,2003 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. A public notice was also posted on the property in question. The notice procedure followed is in compliance 303 with Ontario Regulations made under the Planning Act. - .. G.P. & A. Minutes - 4- March 24, 2003 PUBLIC MEETING CONT'D. .. (a) Report PSD-029-03 - 699504 Ontario Ltd. (The Kaitlin Group) - the purpose and effect of these applications are to permit the development of 86 single detached dwellings, 32 townhouse units, a medium density condominium block, a separate elementary school and a neighbourhood park. Brian Neilson, 124 West Side Drive, Bowmanville, L 1 C 5A2 representing residents, expressed strong objection and concern with this application. When they purchased their homes on West Side Drive four years ago, they were told there would be a school and park-like setting behind their homes, not more homes. Mr. Neilson stated they were told they were premium lots because of this. This was a major feature and influenced their decision to buy. Since purchasing their homes, there has been an increasingly high volume of traffic along West Side Drive because of the bus route. They were constantly told they would back onto the school and park. The homeowners want to stay with the original proposal with a school and park setting behind their homes. If more homes were built, he stated the increased elevation behind them would cause water concerns and lack of privacy. Mr. Neilson feels there will be a substantial decrease in their property value. He concluded by stating developers should not be allowed to change their plans. .. .. .. llIIIli .. .. .. .. IIIlll Marlon McGlashan, 142 West Side Drive, Bowmanville, L 1 C 5A2 concurred with Mr. Neilson's comments but also stated he did not pay a higher price for the "premium" lot. IIIlll Kyle Simpson, 126 West Side Drive, Bowmanville, L 1 C 5A2 agreed with Mr. Neilson and added that he purchased his home 2 years ago where the plans showed a school and parkland. Mr. Simpson chose the lot specifically because of that. No extra money was paid because of the premium lot. .. .. ... Doug Freeman, 132 West Side Drive, Bowmanville, L 1 C 5A2 originally purchased home at Clarington Corners but Kaitlin persuaded him into putting an offer on their existing property on West Side Drive. Although they were concerned with the smaller size of lot on West Side Drive, we were told it was considered to be premium lot backing onto school and park. .. IIIlll III 304 .... - G.P. & A. Minutes - 5 - March 24, 2003 - PUBLIC MEETING CONT'D. - Michelle Czarkowski, 116 West Side Drive, Bowmanville, L 1 C 5A2 concurred with previous speakers and stated she purchased property because of the school and park being built behind her property. She approached the Planning Department to verify drawings. ... - Julia Rampersad, 108 West Side Drive, Bowmanville, L 1C 5A2 concurred with previous speakers but was swayed by the sales office that the property on West Side Drive was a premium lot and this is why she purchased. - ... David Wing, 100 West Side Drive, Bowmanville, L 1 C 5A2 purchased a home in the same development and was told that the school and park would back onto his property. Mr. Wing was concerned with the following issues: - - drainage problems on his home; storm drainage problems where water originates; safety of construction site; and dust during construction ... - Dwight Arnold, 118 West Side Drive, Bowmanville, L 1 C 5A2 concurred with previous speakers. ... Laurie Woods, 122 West Side Drive, Bowmanville, L 1 C 5A2 stated she was told the property was premium because of park and school backing onto the property but this is not reflected in the documents. - - Tony Steeves, 120 West Side Drive, Bowmanville, L 1 C 5A2 was told the lot was a premium lot because of the school and park backing onto the property. - Gail Frazao, 112 West Side Drive, Bowmanville, L 1 C 5A2 was told the lot was premium and agreed with previous speakers. - Kathleen Brenner, 110 West Side Drive, Bowmanville, L 1 C 5A2 concurred that The Kaitlin Group represented the property as being premium and has marketing material which was used to demonstrate this. She felt this was not fair and Kaitlin should be made accountable. ... - 305 - G.P. & A. Minutes - 6 - March 24, 2003 .... PUBLIC MEETING CONT'D. ... Joel Sloggett, Manager of Transportation and Planning, Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, K9J 7M3 indicated, on behalf of the School Board, full support with the school site within this subdivision. This application has been underway since 1991 and he fully supports it. There is an urgent need to plan for a new school in Bowmanville and this would be a good addition to the neighbourhood and community. Frontage on two major streets is an advantage. ! ... .... ... ... Kelvin Whalen, The Kaitlin Group, 1029 McNicoll Avenue, Scarborough, M1W 3W6 commented that his company just acquired ownership of the property in November, 2002 and was contacted by the School Board which led to the application. The concerns of drainage will be addressed immediately through engineering designs and the concerns of safety and dust control will be addressed very quickly through the construction phase. Removal of the commercial site may be a possibility because of two existing sites in the area which have remained vacant. A study will be conducted to determine the implications of doing so. .. .... ... ... The Draft Plan of previous ownership did reflect the school/park in that area. Information provided was current of the day. He did not control property at that time. Mr. Whalen concurred with Staff's recommendation to refer back to staff for further processing. .. ... Resolution #GPA-131-03 Moved by Mayor Mutton, seconded by Councillor Robinson .. THAT Committee recess for ten minutes. ... "CARRIED" ... The meeting reconvened at 11 :05 a.m. Appl. to amend Resolution #GPA-132-03 Clarington Official Plan - Applicant: Moved by Councillor Rowe, seconded by Mayor Mutton 699504 Ontario Ltd. (The Kaitlin THAT Report PSD-029-03 be received; Group) .. ... IIllIl 306 ... .. G.P. & A. Minutes - 7 - March 24, 2003 - PLANNING SERVICES DEPARTMENT CONT'D. - THAT the applications to amend the Clarington Official Plan and Draft Approved Plan of Subdivision 18T-96014 submitted by Mr. Kelvin Whalen on behalf of 699504 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report; and - - THAT all interested parties listed in Report PSD-029-03 and any delegation be advised of Council's decision. "CARRIED" - - Appeals by Resolution #GPA-133-03 Robert and Louise Martin Moved by Councillor MacArthur, seconded by Councillor Trim - THAT Report PSD-030-03 be received for information. "CARRIED" - - Clarington Resolution #GPA-134-03 Official Plan Amendment Moved by Councillor Trim, seconded by Councillor MacArthur Applicant: 767042 Ontario Ltd. THAT Report PSD-031-03 be received; .. ... THAT Amendment No. 32 to the Clarington Official Plan to increase the maximum permitted commercial floorspace for the Neighbourhood Commercial Area at Liberty Street near Lovers Lane from 250 sq. m. to 500 sq. m be adopted as indicated in Attachment 2 to Report PSD-031-03 and that the necessary by-law contained in Attachment 3 to Report PSD-031-03 be passed; - - THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-035) submitted by Tunney Planning on behalf of 767042 Ontario Limited to permit this proposed development, be approved and that the by-law contained in Attachment 4 to Report PSD-031-03 be passed; - ... THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-031-03; and ... - THAT all interested parties and the Regional Municipality of Durham Planning Department be advised of Council's decision. 307 "CARRIED" - G.P. & A. Minutes - 8 - March 24, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D. .. Removal of Part Lot Control Applicant: The Kaitlin Group Resolution #GPA-135-03 .. Moved by Councillor Robinson, seconded by Councillor Rowe THAT Report PSD-032-03 be received; lIIIIi THAT the request for Removal of Part Lot Control with respect to Blocks 9, 10 and 11 inclusive on 40M-2125 be approved and that the Part Lot Control By-law attached to Report PSD-032-03 be passed pursuant to Section 50 (7.1) of the Planning Act; and ... lilt THAT all interested parties listed in Report PSD-032-03 and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. lilt "CARRIED" ... Amend the Resolution #GPA-136-03 Clarington Official Plan Moved by Councillor Rowe, seconded by Councillor Trim Applicant: Fredrick and Sandra THAT Report PSD-033-03 be received; Archibald ... ... THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Region Official Plan (ROPA 2002-003), as submitted by Frederick and Sandra Archibald to permit a small-scale nine hole golf course as an accessory use to a farm winery, be approved; ... ... ... THAT Official Plan Amendment 31 to the Clarington Official Plan to permit the construction of a small-scale nine hole golf course as an accessory use to a farm winery be adopted as indicated in Attachment NO.3 to Report PSD-033-03; .. THAT the necessary by-law be passed and the amendment be forwarded to the Regional Municipality of Durham for approval; ... .. THAT the application to amend Zoning By-law 84-63 of the Municipality of Clarington as amended, (ZBA 2002-009) submitted by Frederick and Sandra Archibald to be forwarded to Council for approval and that the necessary By-law be passed as contained in Attachment 4 to Report PSD-033-03; .... .. ,308 .. ... G.P. & A. Minutes - - 9 - March 24, 2003 PLANNING SERVICES DEPARTMENT CONT'D. - - - THAT the Durham Planning Department be sent a copy of Report PSD-033-03; and THAT all interested parties and the Regional Municipality of Durham be advised of Council's decision. "SEE FOLLOWING MOTION" Amend the Resolution #GPA-137-03 Clarington Official Plan Moved by Mayor Mutton, seconded by Councillor Pingle Applicant: Fredrick and Sandra THAT Report PSD-033-03 be tabled for one week in order to allow Mr. and Mrs. Archibald to respond to concerns expressed by Linda Gasser and other issues. - ... - ... Retention of Consultant to Peer Review Terms of Reference for Highway 407 - - - ... Amendments to Durham Region Official Plan - - - ... - - "CARRIED" Resolution #GPA-138-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Report PSD-034-03 be received for information; and THAT all interested parties listed in Report PSD-034-03 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-139-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT Report PSD-035-03 be received; THAT Report PSD-035-03 be forwarded to the Region of Durham Planning Department as the comments of the Municipality of Clarington on the Region's proposed amendments to the Durham Region Official Plan to bring the Plan into conformity with the Oak Ridges Moraine Conservation Plan; and THAT the Durham Region Planning Department and all interested parties listed in Report PSD-035-03 and any delegation be advised of Council's decision, FORTHWITH. "CARRIED" 309 G.P. & A. Minutes - 10- March 24, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D. .. Central Ontario Resolution #GPA-140-03 Smart Growth Panel Discussion Moved by Mayor Mutton, seconded by Councillor MacArthur .. THAT Report PSD-036-03 be endorsed as the Municipality's comments on the Discussion Paper "Shape the Future"; and ... THAT a copy of Report PSD-036-03 be forwarded to the Smart Growth Secretariat, the Ministry of Municipal Affairs and Housing, John O'Toole M.P.P., and the Region of Durham, FORTHWITH. ... ... "CARRIED" .. Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT .. Monthly Report Resolution #GPA-141-03 on Building Permit Activity Moved by Councillor Trim, seconded by Councillor Robinson for February, 2003 .. THAT Report EGD-11-03 be received for information. .... "CARRIED" .. Resolution #GPA-142-03 Moved by Mayor Mutton, seconded by Councillor Schell ... THAT leave be granted to introduce the following motion. .... "CARRIED" ... Durham College/ Resolution #GPA-143-03 UOIT Transit Service Moved by Mayor Mutton, seconded by Councillor Trim .... WHEREAS the Region of Durham is implementing a new Durham College/UOIT Transit Service; WHEREAS Clarington has the 3rd highest enrollment distribution along the Durham Lakeshore at 500 students; and ... .. WHEREAS the Municipality of Clarington has been left out of the new Durham College/UOIT Transit Loop; 310 ... .. .. G.P. & A. Minutes - 11 - March 24, 2003 - ENGINEERING SERVICES DEPARTMENT CONT'D. - NOW THEREFORE IT BE RESOLVED that the Municipality of Clarington request that the Region of Durham revisit the Transit Loop to include Clarington and that this be copied to the City of Oshawa, OTC and Gary Polonski, FORTHWITH. - "CARRIED" - OPERATIONS DEPARTMENT - There were no items considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. ... EMERGENCY SERVICES DEPARTMENT - Monthly Resolution #GPA-144-03 Response Report January, 2003 Moved by Councillor MacArthur, seconded by Councillor Pingle .. THAT Report ESD-003-03 be received for information. .. and - Monthly THAT Report ESD-004-03 be received for information. Response Report February,2003 "CARRIED" ... COMMUNITY SERVICES DEPARTMENT ... There were no items considered under this section of the agenda. ... Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT - - Animal Services Resolution #GPA-145-03 Monthly Report for February, 2003 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-12-03 be received for information; and - - 3 , , - G.P. & A. Minutes - 12 - March 24, 2003 .. CLERK'S DEPARTMENT CONT'D. .. THAT a copy of Report CLD-12-03 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. .. "CARRIED" .. Livestock Damage Resolution #GPA-146-03 Moved by Councillor Robinson, seconded by Councillor Trim IIlIIlII THAT Report CLD-13-03 be received for information. .. "CARRIED" Mayor Mutton chaired this portion of the meeting. .. CORPORATE SERVICES DEPARTMENT ... Lease Agreement Resolution #GPA-147-03 Lions Club, Clarington Beach Moved by Councillor Trim, seconded by Councillor Robinson Centre ... THAT Report COD-007-03 be received; and ... THAT the offer from the Lions Club be rejected; and THAT the municipality enter into discussions with the Clarington Beech Centre Association to determine if there is a potential need for the space. ... ... "CARRIED" Oshawa/Clarington Resolution #GP A-148-03 Association for Community Moved by Councillor MacArthur, seconded by Councillor Pingle Living ... ... THAT Report COD-008-03 be received; THAT the Lease agreement (Attachment #1 to Report COD-008-03) with the Oshawa/Clarington Association for Community Living in the amount of $10,385.00 per annum for one (1) year term be approved; .. .. THAT the Lease agreement (Attachment #2 to Report COD-008-03) with the John Howard Society in the amount of $10,385.00 per annum for one (1) year term be approved; and ... .. 312 .. - G.P. & A. Minutes - 13 - March 24, 2003 - CORPORATE SERVICES DEPARTMENT CONT'D. - THAT the By-laws marked Attachment #3 and Attachment #4 to Report COD-008-03 be approved authorizing the Mayor and the Clerk to execute the necessary agreements. - "CARRIED" - Confidential Resolution #GPA-149-03 Report - Personnel Matter Moved by Councillor Schell, seconded by Councillor Robinson - THAT Confidential Report COD-009-03 be referred to the end of the agenda to be considered at a "closed" meeting. - "CARRIED" FINANCE DEPARTMENT - .. Mayor & Resolution #GPA-150-03 Councillors Remuneration Moved by Councillor Schell, seconded by Councillor Rowe and Expenses for 2002 THAT Report FND-007-03 be received for information. .. "CARRIED" .. ... Tax Reductions and Write-offs for 2002 Resolution #GPA-151-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report FND-008-03 be received for information. ... "CARRIED" .. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .. Confidential Verbal Report- Personnel Matter Resolution #GPA-152-03 Moved by Councillor Schell, seconded by Councillor Rowe - THAT a Confidential Verbal Report of the Chief Administrative Officer pertaining to a Personnel Matter be referred to the end of the agenda to be considered at a "closed" meeting. ... "CARRIED" .. 313 .. G.P. & A. Minutes - 14- March 24, 2003 .. UNFINISHED BUSINESS .... Resolution #GPA-153-03 .. Moved by Councillor Schell, seconded by Councillor Trim THAT Mr. Hasiuk be thanked for his comments during his delegation. .. "CARRIED" .. OTHER BUSINESS ... Councillor Trim advised that he attended the All Ontario Hockey Championship on the weekend wherein the Orono Midget B won the Championship. .... Confidential Resolution #GPA-154-03 Reports Pertaining to Moved by Councillor Schell, seconded by Councillor Robinson Personnel Matters ... THAT the meeting be "closed" to allow for consideration of Confidential Report COD-009-03 regarding a personnel matter and the verbal Confidential Report of the Chief Administrative Officer pertaining to a personnel matter. ... ... "CARRIED" ... Resolution #GPA-155-03 Moved by Councillor Schell, seconded by Councillor Pingle ... THAT the actions taken at the "closed" meeting be ratified. .... "CARRIED" .. ... ... .. .. 314 .. .. G.P. & A. Minutes - ADJOURNMENT - - - - - - .. - ... - - ... - - - - - - 15 - March 24, 2003 Resolution #GPA-156-03 Moved by Councillor Schell, seconded by Councillor Pingle THAT the meeting adjourn at 12:40 p.m. "CARRIED" MAYOR DEPUTY CLERK ~'5 ", .. .. .. .. .. . ... .. ... ...i .. - .. .. .. .. .. .. - q~mgfOn REPORT - PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, April 7, 2003 - Report #: PSD-037 -03 File #: A2001/063, A2003/004 AND A2003/005 By-law #: - Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 20, 2003 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-037-03 be received; - 2. THAT Council concurs with the decisions of the Committee of Adjustment made on March 20, 2003 for applications A2001/063, A2003/004 and A2003/005 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. - - Submitted by: D vi 8. Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: 0 ~~ tL~ Franklin Wu, Chief Administrative Officer - - - AR*L T*DJC*sh March 25, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 601 .. REPORT NO.: PSD-037-03 PAGE 2 .. 1.0 APPLICATION DETAILS lIIIII 1.0 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 NO.1. The decisions of the Committee are detailed below. .. .. Application Number Staff Decision of Committee Recommendation A2001/063 Approve Approved A2003/004 Approve Approved A2003/005 Approve/T able Approvedrr abled DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MARCH 20, 2003 .. .. ... 1.2 Application A2001/063 was previously tabled at the December 5,2002 meeting for up to three months so that an application for site plan approval could be submitted. An application for site plan approval was received on February 28, 2003. Staff recommended that the application be conditional on approval and execution of the site plan by the Municipality within six months of the minor variance decision becoming final and binding. .... ... .. 1.3 Application A2003/004 was for a minor variance to allow a proposed deck with a reduced rear yard setback and increased lot coverage percentage and was approved. lIIIII IIIlIi 1.4 Application A2003/005 was for a minor variance to recognize the front yard setback of an existing townhouse block and to reduce the length of a required parking space. Committee awarded approval for a minor variance to recognize the existing front yard setback, for only as long as the property remains a single parcel, and tabled the request for a minor variance for the length of the parking space for up to three months. This was to allow Staff to review and comment on revised measurements submitted by the surveyor. A minor variance will still be required to recognize the parking space length with the submission of revised measurements. ... lIIIII ... I!IIIi ... 602 ... - REPORT NO.: PSD-037-03 PAGE 3 - - 1.5 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. - - - - Attachments: Attachment 1 - Periodic Report of the Committee of Adjustment - ... - .. - ... .. - .. - - 603 - ATTACHMENT 1 ... CI!J!pn .. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. FILE NO.: JEFFERY, DR. ROBIN JEFFERY, DR. ROBIN 183 CHURCH ST." BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2001/063 .. APPLICANT: OWNER: PROPERTY LOCATION: .. PURPOSE: TO INTRODUCE A COMMERCIAL USE ON THE PROPERTY BY REDUCING THE TOTAL PARKING SPACE REQUIREMENTS FROM 5 SPACES TO 2 SPACES. THE TWO PARKING SPACES REMAINING SHALL BE FOR RESIDENTIAL PURPOSES ONLY. .. .. .. .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. .. ... DATE OF DECISION: March 20, 2003 LAST DAY OF APPEAL: April 9, 2003 ... .. - .. .. .. 604 .. - - ~!.~.n - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: LEGENDS CONSULTING SCARFONE, PHIL & IRENE 238 SPRUCEWOOD CR." BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/004 - - PURPOSE: TO ALLOW A PROPOSED DECK WITH A REAR YARD SETBACK OF 4.8 METRES INSTEAD OF THE REQUIRED 6 METRES AND A LOT COVERAGE PERCENTAGE OF 44% INSTEAD OF THE PERMITTED MAXIMUM OF 40% - - - DECISION OF COMMITTEE: .. THAT THE APPLICATION BE APPROVED AS RECOMMENDED AS IT MEETS THE 4 TESTS OF THE PLANNING ACT. - ... - DATE OF DECISION: March 20, 2003 LAST DAY OF APPEAL: April 9, 2003 - - - - 605 - ... Clw:.-iIJglon ... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... ... FILE NO.: H. F. GRANDER CO. LTD. HOLLAND, RAYMOND 9,11,13,15,17,19,21,23,25,27,29,31 & 33 Birchfield Dr PART LOT 34, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON A2003/005 .. APPLICANT: OWNER: PROPERTY LOCATION: .. - PURPOSE: - TO REDUCE THE FRONT YARD SETBACK FOR AN EXISTING TOWNHOUSE BLOCK FROM THE MINIMUM REQUIRED 6 METRES TO 4.62 METRES AND TO REDUCE THE LENGTH OF A PARKING SPACE FROM THE MINIMUM REQUIRED 5.7 METRES TO 4.62 METRES. ... ... DECISION OF COMMITTEE: APPROVE REDUCTION IN FRONT YARD SETBACK AS APPLIED FOR AS PER STAFF RECOMMENDATIONS AND FOR ONLY AS LONG AS THE PROPERTY REMAINS A ... SINGLE PARCEL AND TABLE LENGTH OF PARKING SPACE FOR UP TO THREE MONTHS. ... ... DATE OF DECISION: March 20, 2003 LAST DAY OF APPEAL: April 9, 2003 - ... ... .. 606 ... l 1; L CI!J!iQgtDn REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 7, 2003 - Report #: PSD-038-03 File #: S-C-2002-004 By-law #: - Subject: DRAFT PLAN OF SUBDIVISION APPLICATION APPLICANT: WAVERLY ROAD PROPERTIES INC. PART LOT 14, B.F. CONCESSION, FORMER TOWN OF BOWMANVILLE - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-038-03 be received; 2. THAT the proposed Draft Plan of Subdivision submitted by D.G. Biddle & Associates LimitednoOP12half ofW~y~rly Road Pr()p~rties Inc., b~APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to conditions as contained in Attachment 2; .. - 3. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality a subdivision agreement with the applicant or any successor in title at such time as the agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services; and - - 4. THAT the Region of Durham Planning Department and all other parties listed in this report and any delegations be advised of Council's decision. - - - 607 - REPORT NO.: PSD-038-03 PAGE 2 Reviewed by: Submitted by: Da id rome, M.C.I.P.,R.P.P. Director, Planning Services RH*CP*DC*df 1 April 2003 .~ J .... ef~ 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 608 .. .. L REPORT NO.: PSD-038-03 PAGE 3 , .. 1.0 APPLICATION DETAILS 1.1 Applicant: Waverly Road Properties Inc. - 1 .2 Agent: D.G. Biddle & Associates Ltd. - 1.3 Draft Plan of Subdivision: To subdivide the subject lands into ten commercial lots and a stormwater management facility. - 1.4 Site Area: 11.2 hectares (27.7 acres) - 2.0 LOCATION _ 2.1 The property under consideration is located at the southwest corner of Waverly Road and Baseline Road in Bowmanville (see Attachment 1). The land holdings .. under consideration total 11.2 hectares (27.7 acres). The property is located within Part Lot 14, Broken Front Concession, in the former Town of Bowmanville. .. 3.0 BACKGROUND _ 3.1 On August 27, 2002, Waverly Road Properties Inc. submitted a draft plan of subdivision application to permit the creation of nine commercial lots, ranging in _ size from 0.63 hectares to 1.78 hectares. Block 10 contained a storm water management facility to service the subdivision. - - 3.2 The uses proposed for the development comply with the current Special Purpose Commercial (C5) zoning. The applicant intends to develop these lands with five automobile dealerships, four restaurants, and a hotel. The type and level of facilities contained in the hotel may depend on whether Clarington is the successful candidate of the ITER project. - ... - 3.3 A Public Meeting was held for the proposal on October 7, 2002 at which no one spoken in support or opposition. - - 609 - REPORT NO.: PSD-038-03 PAGE 4 J 3.4 On January 17, 2003, Waverly Road Properties Inc. submitted a revised draft plan of subdivision application with ten commercial lots, ranging in size from 0.39 hectares to 1 .50 hectares as shown on Attachment 1. The storm water management facility to service the subdivision is now identified as Block 11. The revision also incorporated a second access from Baseline Road via Martin Road to the subdivision. ! J ... ... ... 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property was previously used as a tree nursery, which accounts for all of the tree stock on the property. The property is generally flat with drainage occurring south and west. ... ... .., 4.2 Surrounding Uses: East - North - South - Tim Horton'slWendy's restaurant and Shell gas station Preston Transport, car wash, Sunoco gas station, Skylight Donuts kiosk RCMP building, vacant commercial lands, and Westside Creek Highway 401 .., ... West - ... ... 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Living Area". The policies permit the inclusion of provisions in the municipal official plan that designate special purpose commercial areas to serve specialized needs on an occasional basis with services and facilities that require larger parcels of land and traffic exposure. Since the Clarington Official Plan contains the appropriate provisions, the proposal conforms to the relevant policies. ... - ... - 5.2 The Clarington Official Plan designates the property as "Highway Commercial". Permitted uses include automotive sales and service, restaurants, and hotels. The proposal conforms to the relevant policies. .. .. 610 .. - - - - - - - - REPORT NO.: PSD-038-03 PAGE 5 5.3 The southwest corner of the property is designated "Environmental Protection Area". This area contains the proposed storm water management facility. No development will be permitted in this area. 6.0 ZONING BY-LAW CONFORMITY 6.1 The developable portion of the subject lands are currently zoned "Holding- Highway Commercial ((H)C5) Zone". The proposed development consisting of an auto mall, restaurants, and hotel are permitted by the C5 zoning. The Holding (H) symbol ensures that no development will proceed on the property prior to registration of a subdivision agreement. Prior to development commencing on the site, the Holding (H) symbol must be removed by By-law. 6.2 The southwest corner of the property containing the stormwater pond is zoned "Environmental Protection (EP) Zone". No development will be permitted on or - within 3.0 metres of these lands. - 7.0 - 7.1 - 7.2 - - - - - - - AGENCY COMMENTS The Clarington Emergency Services Department has no objections to the proposal as long as proper fire protection and access routes are provided. Clarington Engineering Services have no objections to this development provided that the following conditions are fulfilled. . Site triangles must be dedicated where the internal road intersects with Baseline Road and Martin Road. . All utilities must be buried underground. . The stormwater management facility must be developed in accordance with the West Side Creek Master Drainage Study. The applicant must demonstrate that the proposed outfall, downstream ditch, and stream tributary can accommodate the anticipated stormwater flows from the site. . A landscaping plan is required for the stormwater management facility. . A lot grading and drainage plan must be prepared to determine how overland flows will be accommodated. Grading compatibility with the R.C.M.P. and Tim Horton's/Wendy's development sites must be demonstrated by the applicant. 6 1 1 REPORT NO.: PSD-038-03 PAGE 6 .. . The site was formerly used as a tree nursery. A tree preservation plan will be .. required for review. . The applicant must close all remaining access points on Baseline Road. . A 2% cash-in-Iieu of parkland contribution will be required from the applicant. ... 7.3 Since the proposal conforms to the Durham Region Official Plan, Durham Region Planning Department has no objections to the development. No other provincial interests or delegated review responsibilities are applicable to this application. Durham Region Public Works Department has no objections to the development. . Municipal water supply is available to the subject lands through a 400 mm watermain on Baseline Road and a 300 mm watermain on Martin Road. . Municipal sanitary sewer service is available to the subject lands from an existing 600 mm sanitary trunk sewer on Martin Road south of Baseline Road. . Baseline Road, a Type "A" arterial road and future Regional Road abuts the proposal. Based on a traffic report prepared by the applicant, the following off-site improvements will be necessary on Baseline Road: o Construction of an eastbound right turn lane and a westbound left turn lane; and, o Provide for dual inbound lanes to minimize movement delays as well as dual outbound lanes with a raised median island. . The Owner should recognize that development of the lands on the north side of Baseline Road could create a full intersection, which may require future controlling features such as median islands. . Waverly Road, a Type "A" arterial road, abuts the proposal on the east side. The applicant shall dedicate a 3.05 metre road widening of appropriate configuration to Region of Durham. The Region of Durham has requested that the following information is required as a condition of draft plan approval. . The applicant shall prepare the final plan on the basis of the draft approved plan of subdivision, which includes ten commercial lots and Block 11 for a stormwater management facility. . The road allowances shall be named to the satisfaction of the Region of Durham. . The applicant shall grant all necessary road widenings and easements in the locations and of such widths as required by the Region. . The Region of Durham must approve any phased development of the subdivision plan. . The applicant is responsible for the extension of full municipal services to the property and within the full limits of the plan of subdivision. The facilities are 612 till till ... ... .. ... till till till - till .. .. .. till .. l L ... - - - - - - - - - - - - - - - - REPORT NO.: PSD-038-03 PAGE 7 to be designed to the Region of Durham's standards. All arrangements, financial and otherwise, must be completed prior to final approval. . The Region of Durham shall be satisfied that sufficient servicing capacity is available to the subdivision. . The applicant shall satisfy all requirements, financial and otherwise, including the execution of a subdivision agreement and the provision and installation of full municipal services. 7.5 Central Lake Ontario Conservation has no objections to the development and the location of the stormwater management facility within its proposed location. They have requested that the following information is required as a condition of draft plan approval. . The means of conveying stormwater flows from the site must be in accordance with provincial guidelines. The stormwater management facility must be designed in accordance with the West Side Creek Master Drainage Study and the approved Addendum No.3 to this study. . Fish and wildlife habitat must be protected. . The impacts of erosion and sedimentation must be minimized during and after construction in accordance with provincial guidelines. . The applicant must provide "as-built" plans of the cut and fill operation necessary to facilitate the construction of the stormwater management facility within one month after the facility is constructed. . All stormwater management and erosion and sedimentation control measures must be approved by the Authority and maintained in good repair during the construction period. 7.6 The Ministry of Transportation has advised that: . No modifications to the existing Tim Horton's/Wendy's entrance onto Waverly Road to accommodate a mutual entrance with lots internal to this development will be permitted; . All new structures and buildings must be set back 14 metres from the Ministry's property line; and, . All lots within the subdivision are subject to site plan approval. Ministry building and sign permits will be issued through this review process. The Ministry has requested that the following conditions of draft plan approval be imposed on the Ministry's behalf. . A traffic study outlining anticipated traffic volumes and impacts on the Waverly and Baseline Road intersection as well as the Highway 401 on-ramp must be submitted to the Ministry for review. 613 REPORT NO.: PSD-038-03 PAGE 8 . A stormwater management report indicating treatment methods must be submitted. . An illumination plan indicating the intended treatment of glare emanating from building signage must be submitted for review. 7.7 Hydro One Networks Inc. has no objections to the development provided that the applicant, at its expense, relocates the existing 44,000 volt feeder line in order to accommodate the development. The applicant is discussing the relocation of this line around the property within the municipal right-of-way with Clarington Engineering Services Department. 7.8 Durham Region Police Services, Veridian Connections, Canada Post Corporation, Bell Canada, Rogers Cable, and Enbridge Consumers Gas have no objections to the development subject to their standard conditions of draft approval. 8.0 COMMENTS 8.1 Staff had indicated in the Public Meeting report that a development plan and urban design guidelines would be required to facilitate site plan approval for the individual lots. While the intention is not to create a rigid site plan control document, a set of specific principles is necessary for site plan review purposes. With the applicant's consent, an architect is being retained to prepare a development plan and urban design guidelines for the subdivision to address the following issues. . The development plan should outline the uses being contemplated for each site. The urban form in terms of building location, massing, and height for each site should be delineated on the plan. Specific building placement would permit better views from surrounding roads into the site, assisting the marketing of internal sites. This will also help to shield the backs of buildings, especially automotive buildings with a multitude of service doors. . A consistent set of building setbacks, location of parking and loading areas, and landscaped areas will be outlined on the development plan. . A set of architectural principles will be determined. This includes issues such as architectural building features, entrance treatments, glazing, and building materials, and garbage enclosures. 614 J l f .. . .. - - .. .. .. ... ... .. ... - ., ... .. .. - REPORT NO.: PSD-038-03 PAGE 9 - - . Safe automobile circulation and necessary turning lanes will be determined through the traffic study. The concept plan should create internal traffic connections between lots where appropriate. . The location of pedestrian walkways will be included in the concept plan. - - . Attractive and coordinated signage themes should be developed. This would include signage exposure internal to the development and external to the subdivision. _ 8.2 The southwestern corner of the property contains a portion of the West Side Creek floodplain. This floodplain is wide at this location but lacks a clearly - defined top-of-bank feature. The Central Lake Ontario Conservation Authority has agreed to the placement of the stormwater management facility in this - location. Development will not be permitted within any lands zoned "Environmental Protection (EP) Zone". ... - 8.3 Staff requested that Martin Road be constructed to provide a second access to the development for a number of reasons. It would provide an alternate means of access for emergency services, delivery vehicles, and the public. Secondly, should Baseline Road develop as a full 36 metre wide Type "A" arterial road with centre medians, westbound traffic access from Baseline Road may be restricted. Martin Road would then become an access for westbound traffic. The applicant will construct the section of road to the Municipality's standard. - ... - - 8.4 The applicant is required to enter into a subdivision agreement with the Municipality, which includes all relevant municipal and agency development and financial provisions. An application to remove the Holding (H) symbol must be submitted for Council approval prior to issuance of building permits within the subdivision. ... ... - - 615 - REPORT NO.: PSD-038-03 PAGE 10 t .. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from the circulated agencies, the Clarington Official Plan, and Zoning By-law. The applicant has agreed to the conditions of draft approval as contained in Attachment 2. In consideration of the comments contained in this report, Staff respectfully recommend that the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions contained in Attachment 2. - .. ... .. .. Attachments: Attachment 1 - Key Map and Proposed Draft Plan of Subdivision Attachment 2 - Conditions of Draft Approval ... ... Interested parties to be notified of Council's decision: .. Louis Reznick Waverly Road Properties Inc. 81 Ronald Avenue Toronto, ON M6E 4M9 ... Don Gleed Waverly Road Properties Inc. 595 Foxwood Trail Pickering, ON L 1V 4K1 - .. Glenn Genge D.G. Biddle & Associates Limited 96 King Street East Oshawa, ON L 1 H 186 ... ... Robert Dragecivic Walker Nott Dragecivic Associates Limited 172 St. George Street Toronto, ON M5R 2M7 - .. .. .. 616 ... L ATTACHMEINT 1 .. ~ BASELINE ROAD (ROAD ALLO'WANCE BET'WEEN B.F" CON AND CON 1) ~ d ... ~.., 1. .......... ......1... "'" "'-1"" t"Mt L'~ "-I!1M3 R.C.MoP. 1 10 TIM HORTDNS - DETACHMENT lI.388 HA 0.458 HA DONUT SHOP ,..,. L fI\Al 4111H..u ^ . ... & ..... ..... .. R ... Z ^ C If) 2 9 .. C"l G.387 HA 0.460 HA 7 .. R Z 1.136 HA ~C;l C ,> ~l:i - . [J.J .. ~z C;l 101 I- ~ " ,> >-101 c 4: LaJ~ ...J .." I. "'" 4M-11171 [J " L M ...... 1117 ....J1oJ - Z ~ 1oJ^ ~1Xl IoJR >101 8 LaJIoJ I-z >~ 101101 Z 3 1.198 HA 1Xl2i ..... L49S HA ~~ - IoJz I-- 6 >9 ua ~ .J Z 4: c c > ~ I! R c C ...J C - ...J IX C v R C c <4 S l \ IX v a - U23 HA BLK 11 ----= - OPEN SPACE/S....M 1.1S7 HA ~'fl ~ "{ Af,)\ - 'il-~~'i' ~O ~\G - - - S-C-2002-004 Draft Plan of Subdivision - - - 617 - .J ATTACHMENT 2 ~ .. CONDITIONS OF DRAFT APPROVAL 1. ... The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2002-004 prepared by D.G. Biddle & Associates Limited identified as job number 1 02045, dated August 20, 2002, as revised and dated November 2002, which illustrates a draft plan of subdivision with 10 commercial lots and Block 11 reserved for a stormwater management facility and entrance. .. ... 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. ... The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. ... 4. The Owner shall convey a 3.05 metre road widening in an acceptable configuration across the entire frontage of the draft plan to the Region of Durham for the purpose of widening Regional Road No. 57. ... 5. The Owner shall convey two 14.0 metre x 7.0 metre sight triangles at the corner of the proposed infernal road and Baseline Road to the Municipality of Clarington. - 6. The Owner shall convey one 5.0 metre x 5.0 metre sight triangle at the corner of the proposed internal road and Martin Road to the Municipality of Clarington. ... 7. The Owner agrees that all land dedications required by any agencies for the subject development shall be free and clear of any encumbrances and in a form satisfactory to their respective solicitors. .. ... 8. The Owner shall be responsible for 100% of the engineering design and construction for the portion of Martin Road between Baseline Road and the local street within the subdivision to the satisfaction of the Municipality of Clarington. - 9. The Owner shall be responsible for 100% of the engineering design and construction of a new municipal sidewalk along the Owner's entire Baseline Road frontage to connect to the Waverly Road and Baseline Road intersection. ... - 10. The Owner will be required to close all existing entrances on Baseline Road and fully restore the entrances to full curb. The Owner agrees to make boulevard landscaping improvements on Baseline Road in conjunction with this development. .. ... ... 618 .. L L ( ~ ... - - - - - - - - - - - - 11. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. 12. The Owner shall convey land to the Municipality of Clarington for park or other public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the Municipality may accept cash-in-Iieu of such conveyance. 13. The Owner shall prepare a traffic impact study to the satisfaction of the Ministry of Transportation, Region of Durham, and Municipality of Clarington. 14. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 15. The Owner shall apply to the Municipality of Clarington and obtain Council approval for the rezoning application to remove the "Holding (H)" symbol, prior to issuance of any building permit in accordance with the provisions of the Planning Act. 16. The Owner agrees to fund the Municipality's preparation of urban design guidelines and subdivision development plan for implementation of development on individual lots. 17. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 18. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 19. The Owner shall retain a professional engineer to prepare and submit all drawings relating to all required on-site and off-site works for the stormwater management facility and maintenance entrance on Block 11 to the Director of Engineering Services for review and approval. All plans and drawings must conform to the West Side Creek Master Drainage Study and Addendum No. 3 to the study and to the Municipality's Design Criteria as amended from time to time. 20. The Owner shall erect 1.83 metre chain link fence around Block 11 to the satisfaction of the Director of Engineering Services. The Owner shall submit a _ landscaping plan for Block 11 facility to the satisfaction of the Municipality of Clarington. - - 619 21. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 22. The Owner shall provide and install sidewalks, street lights, temporary turning circles, centralized mailboxes, signage, etc. as per the Municipality's standards and criteria. .. 23. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. - 24. The Owner agrees that, prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. ., ... ... 25. The Owner shall provide the Municipality, through the execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipaltiy's Treasurer, with respect to Performance ... Guarantee, Maintenance Guarantee, and other guarantees or deposit as may be required by the Municipality. ... 26. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge ... Act if any are required to be paid by the Owner. 27. Prior to anyon-site grading or construction or final registration of the plan, the ... Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: - a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques, which are appropriate, and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the West Side Creek Master Drainage Study and the approved Addendum No.3 to this study; - .. b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been taken; and, - .. .. 620 .. - - - - - - - c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. 28. The Owner agrees to provide "as-built" plans of the cut and fill operation to be undertaken to facilitate the construction of the proposed stormwater management facility within one month of completion of these works. 29. The Owner shall submit detailed design plans for the stormwater facilities in Block 11, to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington. The reports shall confirm the area needed for the stormwater facility, and should more area be required, appropriate revisions to the draft plan shall be made. - 30. - 31. - 32. - - - - - - - - - The Owner shall obtain all necessary permits from the Central Lake Ontario Conservation Authority under Ontario Regulation 158, prior to the registration of the plan. Prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval a copy of a stormwater management report indicating the intended treatment of the calculated run-off. As a condition of site plan approval for individual lots, the Owner shall submit to the Ministry of Transportation for their review and approval a copy of an illumination plan indicating the intended treatment of glare emanating from signs and other lighting affecting the highway. 33. The Owner shall, at its cost, relocate the existing 44,000 volt feeder hydro line to the satisfaction of Hydro One Networks Inc. to accommodate the proposed lots that it presently occupies. This would include securing all required easements and release of existing easements. 34. The Owner shall provide for the extension of such sanitary sewer and water supply facilities, which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 621 - 35. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. ... .. 36. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington .. concerning the provision and installation of roads, services, drainage and other local services. ... 37. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the .. provision and installation of sanitary sewers, water supply, roads and other regional services. ... 38. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) b) ... The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. - The Owner agrees to fulfill the requirements of the West Side Creek Master Drainage Study and the approved Addendum No.3 to this study as they apply to this site to the satisfaction of the Central Lake Ontario Conservation Authority. ... - c) The Owner agrees that no filling, grading or alteration to the watercourse shall occur on the property without the prior written approval of the Conservation Authority. ... d) The Owner agrees to carry out the works referred to in Condition 27 and Condition 28 to the satisfaction of the Central Lake Ontario Conservation Authority. ... - e) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. ... f) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. .. .. - 622 .. - - g) The Owner agrees to bear the costs of any relocations or revisions to Ontario Hydro facilities, which may be necessary to accommodate this subdivision. - - h) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating in good repair during the construction period, in a manner satisfactory to the Municipality of Clarington and the Central Lake Ontario Conservation Authority. - 39. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: - a) Clarington Engineering Services Department, how Conditions 2, 6, 7, 8, 9, 10, 12, 13, 14, 17, 18, 19,20,21,22,23,24,25, and 36 have been satisfied; - b) Region of Durham, how Conditions 1, 3, 4, 5, 11, 13, 34, 35, and 37 have been satisfied; - c) Central Lake Ontario Conservation Authority, how Conditions 27, 28, 29, and 30 have been satisfied; - d) Ministry of Transportation, how Conditions 13, 31, and 32 have been satisfied; and, - e) Hydro One Networks Inc., how Condition 33 has been satisfied. - NOTES TO DRAFT APPROVAL - 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. - - 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. - - 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. - - 623 - Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: 4. a) b) c) d) - ... ... Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario, L 1 C 3A6 (905) 623-3379 tlIIIl Region of Durham, 1615 Dundas Street East, 4th Floor, Lang Tower, West Building, P.O. Box 623, Whitby, Ontario, L 1 N 6A3 (905) 728-7731 .. Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. ... Hydro One Networks Inc., Paul Dockrill, Real Estate Services, 483 Bay Street, 15th Floor, North Tower, Toronto, Ontario, M5G 2P5 (416) 345-5000, ext 6658. "'" e) Ministry of Transportation, Corridor Control Section, 301 St. Paul Street, 2nd Floor, St. Catherines, Ontario, L2R 7R4 (905) 704-2913. "'" - ... .. ... - ... .. .. - 624 .. .. - - - - I, PLAN 4OR-t4401 BASELINE ROAD <ROAD ALLOWANCE BETWEEN B.F CON AND CON 1) ,.NlT 2. PlAN 4OA-1:H063 R.C.M.P. - DETACHMENT PM!' .. IIUII ....... - ^ If') - I=l Z - oCt V - Vl '" I- 0 l=I - ..J z^ <t: WI=l 0 Ww 0::: :)z - I-W 3 WQ... /%10 Z L4~ HA Z W::l ...... uV' I- z 0::: - oCt :) <t: 0 ~ ..J ..J oCt - I=l oCt 0 0:: V' - BLK 11 - OPEN SPACE/S""M LlS7 HA - - - - PART I. PLNl 4OA-17988 ~ 1 10 ~ ~ ~ 0.388 HA 0.4:58 HA n.' .... .. 2 . 9 ~ 0.387 HA 0.460 HA ... " >~ ..~ >~ " 120.4 PORT I. "'-'" 40A-13771 P. I. H- i! . , 0 . 0117 $ 8 LI9B HA U2.5 "7.7 4 L123 HA I , > l ~ .. N ~ z PIIlRT 1. I"lAH 4011:-156'3 NfT 1. PL.Nrt 4GA-15986 TIM HORTDNS DONUT SHOP N 11-55' 3et' E '1 7 Ll36 HA t ,,, 6 ~ \JJ p.. '{ ,0 \,,\\G ~p..v-.~ AO\ - S-C-2002-004 Draft Plan of Subdivision - 625 ~ ! 51 -~ i~ ....j"W ^ v - I=l Z oCt (") - ~Vl <t:b O..J O:::z W >-w W~ ~w Q::/%I W~ >z <t:~ ~g ..J oCt I=l oCt o 0:: V' J ... ... .. ... .. .. ... ... ... - .. .. - .. .. ... ... .. ... - - CI!Jlpn REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, April 7, 2003 - Report #: PSD-039-03 File #: ZBA 2003-009 By-law #: - Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 511060 ONTARIO LIMITED (MED-TRI DEVELOPMENTS) - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-039-03 be received; - 2. THAT the request for Removal of Part Lot Control with respect to Lot 46 Church Street, now known as Amos Street, Block 29 Village of Newcastle Hannings Plan, be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: a I J. Creme, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: _~~ anklin Wu .~ Chief Administrative Officer - - - BR/L TIDC/df 1 April 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 626 - REPORT NO.: PSD-039-03 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 Applicant: 511060 Ontario Limited (Med-Tri Developments) - - 1.2 Location: 606 Amos Street, Newcastle, Part Lot 28, Concession 1, former Village of Newcastle (Attachment 1). .. 2.0 BACKGROUND 2.1 On March 19, 2003, Staff received a request from 511060 Ontario Limited (Med- Tri Developments) for the removal of Part Lot Control with respect to Lot 46 Church Street, Block 29 as shown on the Village of Newcastle Hannings Plan (Attachment 1). It is noted for Committee's information, Church Street was renamed Amos Street through the street duplication - 911 exercise in 2001. ... ... ... - 2.2 The removal of Part Lot Control was requested to permit the most westerly 6.342 metres (20.8 feet) of 606 Amos Street (Part 2 on Attachment 1) being added to the property at 82 Toronto Street (Part 1 on Attachment 1). The addition of this property will permit the construction of a detached garage at 82 Toronto Street beyond the limits of the Environmental Protection zone in compliance with the provisions of the Municipality's Zoning By-law. .. - .. 3.0 COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject property from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject property from Section 50(5) of the Planning Act. ... - - 3.2 In accordance with the procedures established in the delegation of Part Lot Control By-laws, Planning Staff will forward to the Regional Planning Department - the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law. .. ... ... 627 .. .. REPORT NO.: PSD-039-03 PAGE 3 - 3.3 Staff recommends that the by-law be in force for a two (2) year period following Council approval, ending April 14, 2005. - - 4.0 RECOMMENDATIONS 4.1 It is recommended that Council approve this application and adopt the attached Part Lot Control By-law for Lot 46 Church Street, Block 29 Plan, Village of Newcastle Hannings Plan. - - - Attachments: Attachment 1 - Key Map and Lot Affected by Part Lot Control Removal Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table - Interested parties to be notified of Council's decision: .. Frank Veltri 511060 Ontario Limited _ (Med- Tri Developments) R.R.#5 Oshawa, ON L 1 H 8L7 - - - - - - - - 628 - f- LOT 43 PIN 26661 .0103 I . I 0'" - ,r ...., """ .. "' 00. [ ~~ ~ W W c:: ~ en z ~ o ...J <( CD LOT 44 .. i 'J ----- i' I:~ S~ 45 ~LOT ~ 46 661 Concrete Block House . 82 Toronto Street ~ ~ ~ I I I t- o -l I I r- " i I I t- o -l NO ...~. t H...... ~.ut ,r TORONTO STREET ONALD CARTIER FREEWAY H ~ ( k Ij 1O Ii 41.Uo, 2; ~S ~ · ~i .Ja..~ Ii ~ SlI . S .f\~~ ~ I ~ SlI .... 1 "'" ZBA 2003-009 Part Lot Control 606 Amos Street Owner: 511060 Ontario Limited Applicant: Frank Veltri ~ l.OT 43 26661 . 0102 .t Q" 30" 4U7lIK.ut 11 _ _' ~7.~ '\ ;:;;:;;c.;;;- - PIN Portion to be Added to Part 1 45~ 26661 . 010' .'..7' 1"21 [I<<) 0' CHA.". LINI; '[NtE 0.0'. IPART 21 AAEA .OtOlllot L.O:, 46 -\~ 606 Amos Street cD IPART 31 "litE.. .0.O'9.flo I I N7r2T30.[ t- I PART 41 S ARE< . 0[' I 30"[ "'&030 tU"IP2I 30.. H.lItltrtOl 629 ATTACHMENT 1 .. ... ... . . -, II If ~ I~ II -I -~ I Ii P" I; ~ w I w c:: so I- -, en en ~ 0 . ~ ~ <t: ... ... ... ... ... ... - ... """ ... U.eOlu'l:Jl Il.oo 21. e.O.H",,"",'S ItlAN ... - ... filii ... .. ... ATT ACHMENT 2 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-law to exempt a certain portion of Lot 46 Church Street, Block 29 Plan, Village of Newcastle Hannings Plan from Part Lot Control - - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 46 Church Street, Block 29 Plan, Village of Newcastle Hannings Plan; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1, That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law; - 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: - - a) Lot 46 Church Street, now known as Amos Street, Block 29 Village of Newcastle Hannings Plan. - 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on April 14, 2005. - BY-LAW read a first time this day of 2003 .. BY-LAW read a second time this day of 2003 - BY-LAW read a third time and finally passed this day of 2003 .. John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - 630 - TABLE 4 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan # By-law: ... ... ATTACHMENT 3 ... ... ... ... ... ... ... Lots/Blocks Affected Unit Type and Number ... Lot 46 Church Street, Block 29 Plan, Village of Newcastle Hannings Plan Single - 1 TOTAL Units - 1 63' No increase ... ... No increase ... ... ... .. .. !III .. - .. Clfllpn REPORT - ENGINEERING SERVICES ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 7, 2003 .. Report #: EGD-12-03 File #: D.10.20.18 By-law #: - Subject: PARKING ON OLD SCUGOG ROAD AND BOUNDARY ROAD, BURKETON .. RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-12-03 be received; - 2. THAT "No Parking" signs be approved in principle along both sides of Old Scugog Road from Boundary Road southerly to the C.P. Railway tracks; . 3. That "No Parking" signs be approved in principle on both sides of Boundary Road from Regional Road 57 to 270 metres west of Old Scugog Road (Boundary Road with Township of Scugog in Burketon); .. 4. That the Township of Scugog be requested to comment on the proposed "No Parking" restrictions affecting the Boundary Road within 30 days; - 5. THAT pending comments over the next 30 days and further approval of a Municipality of Clarington by-law amendment, that funds be obtained from the 2003 Current Operations Department Traffic Sign Budget for the proposed sign installation and maintenance; and - .. - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 701 - - REPORT NO.: EGD-12-03 PAGE 2 " ... 6. THAT the interested parties listed within this report be provided with a copy of this report and Council's decision. .. ... ..'\ CJ~J2-:::J:~~l ~ Franklin Wu, Chief Administrative Officer ... Submitted by: Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services .. RDB* ASC*ce April 1, 2003 ... ... .. ... .., ... .. .... .. .. .., 702 ... - REPORT NO.: EGD-12-03 PAGE 3 .. 1.0 BACKGROUND Adela and Guy Pugliese have requested that the Municipality consider creating a "No Parking" area along Old Scugog Road and Boundary Road to resolve safety concerns associated with visibility problems and interference with snow removal. - - - 2.0 COMMENT 2.1 Operational Safety Review Associated With Parking .. Old SCUqOq Road, being the major north-south street in Burketon, has a knoll north of Elliott Road which creates a visibility concern if vehicles are exceeding the posted speed - limit of 50 km/hr. Old Scugog Road in this area has a total surface width of approximately 7.5 m which includes asphalt gutters reducing the travel surface to - approximately 6.1 m. Due to this narrow pavement width and lack of shoulders, any on- street parking in this area would obstruct traffic and create increased safety concerns. - ... Boundary Road is used as an established snowmobile trail and as such the parking of vehicles along the roadway can obstruct visibility and hinder snow clearing operations. The road has a total surface width of 8.5 m which includes asphalt gutters which reduces the travel width to approximately 6.8 m. Municipal staff have often issued parking violations for "parking in excess of 3 hours" or "parking so as to obstruct snow clearing operations". The parking of vehicles with trailers for ATV's has also raised some concerns. .. .. .. - 2.2 Limits of Parking Restrictions Based on the sight lines created by the knoll on and proximity of the Canadian Pacific Railway line, it is recommended that Old Scugog Road be posted as "No Parking on both sides from Boundary Road to a distance of 365 m southerly which is just south of the railway line. Boundary Road should be posted as "No Parking" on both sides from Regional Road 57 to 270 m west of Old Scugog Road. - - - .. 703 - ... REPORT NO.: EGD-12-03 PAGE 4 j ... 2.3 Jurisdictional Issues - Boundary Road The Municipality of Clarington, under By-law 93-159, and the Township of Scugog, under .. By-law 47-93, entered into a boundary agreement per the Municipal Act R.S.O. 1990. Schedule A, Section 9 of the Municipal Act deals with the jurisdictional issues related to ... traffic by-laws: .. 'That the by-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of the roadway that it has undertaken to maintain. The adjoining Corporation will be advised in writing of any proposed traffic by-law amendments for comments for a minimum of thirty (30) days prior to approval by the governing Council. The adjoining Corporation will be advised after the by-law has been formally passed by the proper authorities. - ... -' ... That if the adjoining Corporation, after objecting to a proposed by-law amendment, fails to agree the same shall be determined by arbitration. .... That the Corporation having jurisdiction over a roadway which intersects the Boundary Road will assume responsibility of the required regulatory, warning and street name signs of the intersecting roadway." .". ., Under this agreement, Clarington maintains the Boundary Road. If the Municipality of Clarington does wish to create a "No Parking zone" on the boundary road, Clarington would need to: · Advise the Township of Scugog in writing of any proposed traffic by-law' amendments for comments for a minimum of thirty (30) days prior to approval by Clarington Council. ... .. ... .. · Advise the Township of Scugog after the by-law has been formally passed by Clarington Council. ... .. 704 .. .... REPORT NO.: EGD-12-03 PAGE 5 .. ... Once comments have been received, an addendum report with a by-law amendment will be prepared for the General Purpose Administration Committee. - Attachments: Attachment 1 - Key Map - Interested parties to be advised of Council's decision: - I nspector Tom Cameron Bowmanville Community Office Durham Regional Police 77 Centre Street North Oshawa, ON L 1 G 4B7 - - Adela and Guy Pugliese 2179 Boundary Road Burketon, ON LOB 1 BO ... Clayton Morgan, Chair Clarington Traffic Management Advisory Committee 31 Parkway Crescent Bowmanville, ON L 1 C 1 B9 ... - Township of Scugog Municipal Clerk Box 780,181 Perry Street Port Perry, ON L9L 1A7 - ... - - ~ - .. 705 ... TOWNSHIP OF SCUGOG Boundary Rd. MUNICIPALITY OF CLARINGTON (BURKETON) sumac Rd. Hawke Ct. Tanglewood Ct. Cone. Rd. 10 LEGEND -If-- Proposed No Parking (both sides) lV W~e s Sumac Ct. ... .... ... .. .. ... ro <.0. '0 '=' .. ~ -g - ~ ... .... ... .. .. .. ... .. - Engineering Services REPORTEGD-12~3 ~ ATTACHMENT NO.1 APR.2003 tIIIlI l L Clwmgron I i.. t ! ... REPORT L OPERATIONS DEPARTMENT i.. , ! '- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 7, 2003 L l Report #: OPD-Q03-Q3 File #: By-Law #: Subject: ANTI-LITTER CAMPAIGN , L. l Recommendations: 1. THAT Report OPD-003-03 be received; and 7 \.. 2. THAT Municipality of Clarington participates in the City of Mississauga Anti- Litter Campaign. L L l Submitted by: .------ Reviewed by: /. U ;J5P-" , i , ... Head Signature Chief Administrative Officer , l.. \ ~ - 801 ... REPORT NO. OPD-003-03 PAGE 2 BACKGROUND AND COMMENT: Council will recall an invitation to all GT A Municipalities from Mayor Hazel McCallion to join with Mississauga in the fight against litter. On January 30th 2003, staff from the majority of GT A Municipalities met in the City of Mississauga and agreed that litter is a problem everywhere and that a united public awareness campaign would assist in modifying public behaviour towards littering. Most agreed that it is necessary to get to the source of the problem, the people who litter in the first place. Many will remember the campaign slogan from many decades ago "Don't be a Litterbug". As part of their campaign Mississauga has brought back the "bug" and has developed posters, stickers, buttons and Iitterbags around the character (attachment one). Mississauga has also signed an agreement with Toronto Raptor Jerome "Junkyard Dog" Williams to promote the "Slam Dunk Your Junk" campaign aimed at youth. A news conference is scheduled for Thursday April 24th at 3:00 p.m. to kick off the campaign. Any municipality that has agreed to join the campaign will be introduced as a Litterbug partner at that time. Over the years, Clarington has been active in taking steps to combat litter. The Municipality has an "Adopt a Road" program and assists with organizations in community cleanup in cooperation with "Pitch In Week". The Operations Department continues to receive complaints about roadside litter and on the average spends over 1200 hours a year on cleaning up these areas. INITIATIVES UNDER CONSIDERATION: The following additional initiatives will be considered as part of our Municipal Campaign: 1. Review of fines for littering 2. Litter violation report form posted on web site 3. Ongoing publicity in newspaper / community guide 4. Anti-litter committee with the Business Community 802 J J j .J ] J J J J J J J J J j j J J J L L l REPORT NO. OPD-003-03 PAGE 3 INITIATIVES UNDER CONSIDERATION cont'd: L 5. Posters in high traffic areas 6. Special events waste procedures 7. Pitch in Canada Campaign for 2004 8. Development of Construction Work Site Awareness Campaign 9. Promote a Region of Durham Anti-Litter Campaign l L FINANCIAL CONSIDERATIONS: I ... L The City of Mississauga will make available all of the promotional items at cost to any municipalities that wishes to join the campaign therefore the cost to the Municipality of Clarington will be minimal. If the campaign is successful in reducing litter, then the savings in labour costs will be realized by the reduction of complaints and staff responding to them. There is also an opportunity to seek out Community sponsors to offset signage, posters and stickers. L L 1.. CONCLUSION: t. L L A cooperative effort by GT A ~unicipalities including the Municipality of Clarington will certainly promote a greater awareness of littering and awareness in keeping our communities clean. Attachments: ~ Attachment #1 "Don't be a Litterbug!" poster I .. , ~ t ~ .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) 263-4433 ,f ir. 803 . ~ Cityof fiijjjii MISSISSAUGA 804 ATTACHMENT NO.: 1 J REPORT NO.: OPO..()3..()3 J ] .... J j ] J J J j J j J J J J J J .. The Bug is back to remind you to "Stash your trash!" J ~ ... Cl!J!:illglOn REPORT -.. COMMUNITY SERVICES DEPARTMENT ~ Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE , I. .. Date: April 7, 2003 Resolution #: Report #: CSD-06-03 File #: By-law #: J i. Subject: CLARINGTON SPORTS HALL OF FAME .. J ~ Recommendations: J I.. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-06-03 be received for information. ~ ! ... ... -~ J eph P. Caruana Irector of Community Services '" ReViewedQ~~ ranklin Wu Chief Administrative Officer .. ... !., JPC/BT/SC/ta ~ ... ... 1 001 ... REPORT No: CSD-06-03 PAGE 2 1.0 BACKGROUND 1.1 Considerable interest and discussion has been raised within the community regarding the potential for a Clarington Sports Hall of Fame which would appropriately acknowledge the significant athletic achievements of local residents, past and present. The Mayor, in the 2003 State of Clarington Address, commented that 2003 would be the year to launch this exciting event. 1.2 From those expressions of interest, Staff has recruited an enthusiastic and dedicated group who have agreed to form an inaugural steering committee to develop the process and criteria for a Sports Hall of Fame. 1.3 Staff canvassed 19 Ontario communities enquiring whether or not they did have a sports hall of fame and requesting input on policies, procedures and terms of reference of their hall of fame. 2.0 COMMENT 2.1 Of the sixteen communities that responded, 12 do have a hall of fame or some sort of recognition and two other communities were in the process of reviewing the development of a hall. Staff also contacted the Canadian Association for Sport Heritage and ordered a copy of the Handbook for Sports Halls of Fame and Sports Museums which could prove to be a valuable resource in our planning process. 2.2 In most communities, the recognition took the form of a plaque displayed in a Hall/ Wall of Fame, which was located in a municipal facility such as an arena or community centre. The plaques generally contained a picture or sketch of the recipient and a write up documenting their achievements. This procedure minimizes the physical space requirements for a Hall of Fame. 2.3 A Hall of Fame recognizing and documenting the athletic achievements of our residents is preferable to a Sports Museum. A museum would require a curatorial function. Artifacts would require cataloguing, conservation, storage and appropriate display leading to extended demands on physical space and manpower. The display of athletic artifacts can be achieved through a partnership with the Clarington Museum, building on the new vision of the museum board as discussed in the Cultural Review 2002. Preliminary discussions have been initiated with Martha Rutherford-Conrad, Clarington Museum Administrator, who is very supportive of the concept of sport artifacts being incorporated into displays in the new museum space. Indeed, the museum already has a significant collection of sport artifacts. Rotating displays would be a wonderful addition to the new, expanded museum facility. 1002 .J J J J J J j J j J j j J j J J J J J \ ~. ... ... F .. t.., "- ~ li. .. .. .. I ... ~ ~ ? .. , 1. \ ~ ... .i.. ... ... REPORT No: CSD-06-03 PAGE 3 2.4 The Hall of Fame can be accommodated in the south corridor of the Garnet B. Rickard Recreation Complex, with appropriate sign age to identify the Clarington Sports Hall of Fame. This site would ensure maximum exposure for the hall of fame in a very high traffic facility and provide the opportunity to host the annual induction ceremonies in the adjacent multipurpose room. 2.5 A Clarington Sports Hall of Fame Steering Committee consisting of 5 members of the community and 1 representative of the Community Services Department will review the information that has been compiled from other municipalities and develop terms of reference, to include a governance model, selection criteria, nomination procedures and recognition procedures. This provides the opportunity to develop a "Best Practice" model appropriate to our community. It also ensures community involvement from the onset which will encourage community ownership and support as well as creating a positive environment for creative problem solving 2.6 Mrs. Gail Preston, Mr. Brad Kelly, Mr. Ray Bester, Mr. Bill Humber and Mr. Seth Hunt, all Clarington residents and prominent members of the local sporting community, have agreed to commit their expertise and energies to the Steering Committee. 2.7 The steering committee has had several productive meetings with the ultimate goal of hosting the inaugural Clarington Sports Hall of Fame Induction Ceremony in the fall of 2003. 2.8 Staff are in the process of reviewing corporate sponsorship opportunities and are confident of securing some level of financial support in the initial year. Although the ultimate goal of the Clarington Sports Hall of Fame will be financial self sufficiency, seed money has been allocated in the 2003 operating budget to assist in the inaugural year of the project. Ongoing municipal support would also be offered in the form of meeting space for the committee, facilities to host an annual induction ceremony, installation and maintenance of the displays and staff liaison. 3.0 Conclusion 3.1 The steering committee have committed to a very aggressive time line, in order to meet their target hosting the inaugural induction ceremony of the Clarington Sports Hall of Fame in the fall of 2003. Regular committee meetings are held on a biweekly basis. The committee will report to council in the future with an update on the status of this event. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-5506 lnn~ .J J J J J J J ] .J J j J j j J J j j J ... .... Cl!1!iQgton REPORT .. COMMUNITY SERVICES DEPARTMENT - Meeting: General Purpose and Administration Committee .. Date: April 7, 2002 Resolution #: Report #: CSD-07 -03 File #: By-law #: .. ... Subject: 2003 MARCH BREAK EXTRAVAGANZA Recommendations: .. ~ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-07-03 be received for information: .. ... , .. Submitted by: J seph P. Caruana irector of Community Services d /In (~ Reviewed by: ~~ -1.. Franklin Wu Chief Administrative Officer ~. ... i ... JPC/BT/SC/ta ir. ~ .. ... 1004 ... REPORT NO.: CSD-07-03 PAGE 2 1.0 BACKGROUND 1.1 For the 20th consecutive year the Municipality of Clarington offered a March Break program to residents. This year's version of the March Break Extravaganza included Day Camps at Rickard Recreation Complex. and Courtice Community Complex for 4 -12 year olds, a Trip Camp for 8 -14 year olds which picked up participants at both locations and an Aquatic Adventure Camp at Courtice Community Complex for 9 - 16 year olds. 1.2 Interested participants had the convenience of registering for an entire week or by the day which allowed parents to mix and match between day camp and trip camp and develop their own customized camp experience. The Aquatic Adventure Camp required a full week commitment as participants received their certification in the Canada Coast Guard's B.O.A.T. (Boat Operator Accredited Training) Program. 1.3 Program information flyers and registration forms were distributed in the Winter and the Spring Editions of the Community Guide. In addition a letter was sent to all Summer Day Camp participants out at the end of August 2002 promoting upcoming programs including the March Break Extravaganza. As well, extensive use was made of Page 2 in the Canadian Statesman. 1.4 Although the core hours of the program were from 8:30 - 4:30 an extended hours service was provided by the Department to allow working parents to drop their children off at each Complex as early as 7:30 a.m. and pick them up as late as 5:30 p.m. each day. Program staff was scheduled to provide on site supervision of children accessing this service. 1.5 By offering day camps at these locations, a total of eighteen (18) job opportunities were created for youth, most of whom are candidates for future employment in our Summer Day Camp Program. The March Break Camp had a total of eight (8) returning staff and ten (10) new staff. To assist in the hiring process this year we held a Pre-Selection Night for new potential staff. Applicants who demonstrated leadership and were certified in Standard First Aid and CPR were invited to an evening in which they were briefed on the camp program, philosophy and the expectations the department would have of them as counsellors. In addition each applicant was required to come prepared to teach a game or song to the rest of the group. This process allowed staff to assess the interpersonal, communication and leadership skills and abilities of potential staff. Applicants who displayed the appropriate skills were then invited back for an interview. This process proved to be beneficial to the hiring process. 1.6 Successful staff attended two training sessions prior to camp. The staff team proved to be of a good mix of experienced and new staff with everyone bringing their own skills and expertise to the program. With the leadership experience the new staff gained during March Break Camp and the large number of returning staff we have a strong foundation for an excellent team for the summer camp program. In addition, the community has benefited through the development of some excellent positive young role models. 1005 .J J J J j J J J J J J J j I .J .J J j J J l .... , ... ... ~ ... ~. .. ~ i ... i. f, I ill ~ 1 j .. l i 1.. ~ l.. t L. i ... 1-' ill Ii .. REPORT NO.: CSD-07-03 PAGE 3 2.0 REGISTRATION 2.1 We experienced an increase in registration for Day Camp at both the Rickard Recreation Complex and the Courtice Community Complex. Trip Camp registration sold out this year after two years of a slight decline in registration. The Trip Camp was reassessed at the end of the 2002 program and new trip locations were added. In addition staffing costs were lowered by offering one Trip Camp with two pick up locations as opposed to offering two complete camps. 2.2 Trip camp age range was increased from 4 -12 year olds to 8 -14 year olds this year. This age group is better suited to the Trip Program and allowed the department to address a need for program opportunities for the 12 -14 age group. 2.3 This was the first March Break with online registration. A total of 14 participants made use of this new service. 3.0 DAY CAMP 3.1 The March Break Day Camp operated at the Garnet B. Rickard Recreation Complex, and the Courtice Community Complex. Each day had a theme and participants took part in a variety of activities including arts & crafts, games and special events around the theme as well as swimming and skating. Several parents and participants indicated that the program was well organized and full of activities to keep everyone busy. In addition, staff participated in a program evaluation following the camps and also provided positive feedback. 3.2 A comparison for 2002 and 2003 participation in the program is recorded on the table below. 2002 2003 Courtice Rickard Total Courtice Rickard Total Complex Complex Complex Complex MONDAY 47 45 92 40 49 89 TUESDAY 48 49 97 48 51 99 WEDNESDAY 44 48 92 48 50 98 THURSDAY 43 47 90 46 50 96 FRIDAY 42 44 86 48 49 97 224 233 457 230 249 479 TOTAL 4.0 DAY TRIPS 4.1 As with the Day Camp Program, interested participants could chose to participate in these activities for either the full week or on a daily basis. Staff chose destinations, which provided a safe, enjoyable atmosphere for all of the participants, as well as a mix of local and non-local attractions: Monday: Tuesday: Wednesday: Thursday: Friday: Ontario Science Centre Royal Ontario Museum Putting Edge and Cineplex Odeon Theatres North End Bowl and Swimming Hockey Hall of Fame and CN Tower 1006 REPORT NO.: CSD-07 -03 PAGE 4 All of the Day Trips started and ended at each Complex and parents were also able to access the extended hours services if required. 4.3 The registered participation in the trip camp program is recorded on the table below. 2002 ..... . 2003 ... ... ...... .( .......... .. Courtice Rickard Total Courtice Rickard Total Complex Complex Comolex Complex MONDAY 23 16 39 23 20 43 TUESDAY 23 16 39 22 19 41 WEDNESDAY 23 16 39 24 21 45 THURSDAY 23 16 39 24 21 45 FRIDAY 23 16 39 24 21 45 115 80 195 117 102 219 TOTAL 5.0 AQUATIC ADVENTURES CAMP 5.1 This was the third year that Community Services Department offered the Aquatic Adventures Camp. 5.2 The specialty camp was operated out of the Courtice Community Complex and parents had access to extended care services if needed. Participants were required to attend for the full week in order to receive their certificates and awards. 5.3 Aquatic Adventures was offered to participants with an aquatic background. ages nine and up. Activities included snorkelling, waterpolo, swimming, and certification in the Canada Coast Guard's B.O.A.T. course (Boat Operator Accredited Training). To receive certification, all participants were required to write the exam at the end of the course and receive a grading no less than 75%. 5.4 The total number of participants for the Aquatic Adventures Camp was ten (10) with everyone meeting all requirements of the program including B.O.A.T certification. 6.0 COMMENTS 6.1 The Community Services Department was able to offer a varied, safe and exciting program for our local residents. The Department continues to revise and improve the program each year, achieving the underlying goal of providing a quality program at a reasonable fee. 6.2 The program will continue to accommodate as many individuals in the Municipality of Clarington as possible. Staff has already begun to investigate new and unique opportunities to improve upon our program for the year 2004. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 '007 J J J J J J J J J J J J J j .J J J J J ~. ... I.. ... ~ ... .. ! .. i Ii. I .. ! .. t iI. .. I .. III l.. .. ... iI. ... ClfJ!pn REPORT MUNICIPAL LAW ENFORCEMENT DIVISION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 7, 2003 Report #: CLD-16-03 File #: By-law #: Subject: WEED CONTROL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-16-03 be received; 2. THAT the by-law attached to Report CLD-16-03 be forwarded to Council for approval; and 3. THAT once passed, Staff be authorized to proceed to issue a tender for a contractor to perform the needed cutting services. SUbmi~ PLB*Ll:;( ~R-- vIewed by: F n 'in Wu, f Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 11 0 J REPORT NO.: CLD-16.Q3 PAGE 2 of3 BACKGROUND At the end of last year the Regional Works Department contacted the local municipalities and advised that as of 2003 the Regional Weed Inspector would be taking a very narrow interpretation of the Weed Control Act. In past years the Regional Inspectors have dealt with all calls involving noxious weeds. The Act sets a limit on the Inspectors' authority. The Act states that it applies to lands which directly impact agricultural or horticultural operations. It does not apply to vacant lands adjacent to subdivisions or residential or commercial lands. As a result the vast majority of calls for service which have traditionally gone to the Region would now have to be handled at the local level. The Weed Control Act deals specifically with noxious weeds on lands used for agricultural and horticultural purposes. Traditionally, the Region has dealt with all long grass and weed complaints. Staff have spoken to Michael Slocombe of the Durham Regional Works Department concerning their procedure for this year. Mr. Slocombe indicated that the Region will not be hiring a group of Inspectors as in previous years because of the anticipated reduction of calls to the Region. The remaining calls will have to be dealt with by the local municipalities. CURRENT ISSUES At present the Municipality of Clarington does not have a quick and effective means of dealing with weed complaints. Currently a weed issue would have to be treated as a Property Standards complaint. This would necessitate the issuance of an Order and the possibility of an appeal to the Property Standards Committee. In effect there would be a minimum of 21 days from the time of the complaint to the point where the Municipality could take corrective action. Clarington currently does not have a qualified weed inspector on staff. It is anticipated that the majority of complaints will continue to fall outside the scope of the Weed Control Act. The Region will retain one Weed Inspector to deal with complaints that are covered by the Act. , 102 j J J J J .J j j J j J J j J J J J J J II. ~. ... REPORT NO.: CLD-16-Da PAGE 3 OF 3 COMMENT II. Staff are proposing a new lot maintenance by-law. The proposed by-law would allow municipal staff to deal with issues of long grass and weeds in general terms without relying on L. specific identification of the plants involved and whether or not they meet the provincial criteria of noxious. , .. .. , '- , ~ , ... ... ... L. ~ ~ l !' ~ ... .. .. The Municipal Law Enforcement Officer will be able to order the property owner to clear long grass and weeds from his property within 96 hours (4 days) of receipt of a notice of violation. The new by-law can also be applied to situations for private drain pipes, ditches, holes or depressions. The by-law will not apply in areas of bio-sensitivity. These are designated in the Official Plan as Hazard Lands and are clearly indicated on map C of the Plan. Once the by-law is passed, staff will tender for a contractor to provide cutting services on an as needed basis. Enforcement of this by-law will be performed by the Municipal Law Enforcement Officers. Given the volume of calls on weed matters in recent years and other emerging duties for the Division there may be some delays as the system is perfected. The costs of enforcement of the by-law will be billed to the property owner and if unpaid may be collected in a manner like taxes. In the past the Region has charged a 50% administration fee for each bill. Each complaint that has to be enforced will require at least two site visits by the investigating officer as well as office time to prepare each notice. Staff are recommending that the administration fee be set at 25%, of the cost of clearing the property, in order to defray the costs of enforcement. ATTACHMENT: By-Law 1103 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2003 - J J j .J J Being a by-law to regulate the draining, deaning and dearing of lands with the Municipality of Clarington and to repeal By-Law 90-160 being a By-law respecting the deposit of and retention of certain waste on lands in the former Town of Newcastle. WHEREAS the MU'.1icipality of Clarington may pass a by-law pursuant to the Municipal Act, .5.0. 2001, Chap. 25, for requiring and regulating the, draining, deaning and dearing of any grounds, yards or vacant lots; and 11 04 j J J j J J j J J j J J J J WHEREAS the Council of the Municipality of Clarington deems it expedient to pass a By- law to provide for maintaining lands in a filled up, clean and deared up condition, NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: 1.0 DEFINITIONS "Debris" indudes refuse, rubbish or material of any kind and without limiting the generality of the forgoing indudes a vehide that appears by reason of its appearance, mechanical condition or lack of current licence plates to be inoperative, inoperative mechanical equipment, automotive and mechanical parts, disused fumiture, garden refuse, earth or rock fill, old or decayed lumber, or materials from construction or demolition projects; "Expense" means the cost of carrying out the work to be done by the notice pursuant to Section 3.1 and a 25% administrative charge; "Litter" includes any material left or abandoned in a place other than a receptade or place intended, or approved for receiving such material; "Occupant" means any person who is in control of any grounds, yard or vacant lot; "Officer" means a Municipal Law Enforcement Officer appointed to enforce the By- laws of the Municipality of Clarington or other authorized body or agency having authority; "Owner" indudes the person or persons identified in the most recent municipal assessment roll as the owner of the subject property; "Person" means an individual, firm, corporation, association or partnership; and "Premises" means any grounds, yard or vacant lot. ... ~ i , .. 2.0 Every Owner or occupant shall keep his Premises drained of standing or stagnant water. clean or cleared up, and shall comply with any notice given by a Municipal Law Enforcement Officer pursuant to Section 3.1 of this by-law. ... 2.1 For the purposes of Section 2.1 "clean and cleared up. includes the trimming or cutting of weeds or grass more than 20 centimetres in height. it. ... 2.2 Provisions of the by-law shall not apply to lands designated as "Hazard Lands. on Map C of the Clarington Official Plan. , f lit. 3.0 An Officer may. by notice, sent by registered mail to the Owner or Occupant of the Premises, or by posting the notice in a conspicuous place at the Premises, or by delivering the notice personally to the Owner or occupant, require the Owner or Occupant within 96 hours: a) To keep his private drainage pipes and drainage ditches in repair; b) To clean, clear up or remove from the premises any debris, litter, weeds or grass; and c) To drain or fill up any hole, excavation or depression on the Premises. ... ... .. 3.1 A notice mailed to an Owner or Occupant shall be mailed to the address of the owner as shown on the last revised assessment roll or to the last known address of the owner. it. , t I( ... 4.0 Where the owner or occupant fails to comply with a notice issued pursuant to this by-law the municipality, in addition to other remedies, a) Shall have the right to carry out the work as required in the notice and for this purpose may. with its servants and agents from time to time. enter in and upon the property; and b) Shall not be liable to compensate such owner, occupant or other person having an interest in the property by reason of anything done by or on behalf of the municipality under the provisions of this by-law. 1.. l.. t it. t L. 4.1 Any Person who contravenes any provision of the by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence. exclusive of costs, as prescribed by the Provincial Offences Act. .. ... 1 105 ... 6.0 By-law 90-160 of the former Town of Newcastle and its amendments are hereby repealed. J J J j J 5.0 Should any provision of the by-law be declared by a court of competent jurisdiction to be void or ultra vires for any reason, the remaining provisions shall, nevertheless, remain valid and binding and the by-law shall be read as if the provision had been struck out. 6.1 This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this day of 2003. j j .J J j J By-law read a third time and finally passed this day of 2003. . MAYOR MUNICIPAL CLERK t06 j J j J J J J J L L L l L L L L L L L L L L L l L L L CIDl.pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE April 7th, 2003 Date: Report #: COD-005-03 File # By-law # SUBJECT: JANITORIAL SERVICES CONTRACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-005-03 be received; 2. THAT the proposal from Hurley Corporation in an annual amount of approximately $139,095.38 plus G.S.T. for janitorial services be accepted; 3. THAT the contract be extended for a second year pending satisfactory pricing and service; 4. THAT funding be provided from the 2003 Operations current budget account for maintenance of the Municipal Administrative Centre and Main Branch Library; and 5. THAT the attached By-law, marked Schedule "An authorizing the Mayor and Clerk to execute the agreement be approved. Submitted by: ~ Reviewed by: ~ Franklin Wu, Chief Administrative Officer arano, H.B.Sc., C.M.a. Director of Corp e rvices ~ MM\FH\PE\LAB\km 1201 REPORT NO.: COD-005-03 Page 2 of 4 BACKGROUND AND COMMENT At the Council meeting of December 9, 2002 in a Confidential Report, Council authorized staff to negotiate with two or three companies for a janitorial services contract for the cleaning of the addition and existing Municipal Administrative Centre. Some of the challenges that are faced with the existing cleaning arrangement are: . Evening meetings . Staff working extended hours . Maintenance staff turnover . Increased physical plant maintenance . Staff coverage for vacation and illness As the addition includes 45,000 square feet of additional publiC and office space, it was decided to undertake a janitorial maintenance program that would be both more effective and efficient to meet the expanded level of responsibility. ODtlon I. Contractlna out the Janitorial Service In accordance with the recommendations approved by Council in the Confidential Report of December 9, 2002, three major cleaning contractors were contacted to come in and meet with staff to review our requirements, with only two companies choosing to participate. The staff review committee consisted of the Director of Operations, the Purchasing Manager, the Clarington Library Director and the Clarington Library Manager of Administrative Services. Initial guidelines for our cleaning requirements were provided to each proponent requesting that they submit a proposal. Proposals were received and reviewed in detail with various components and alternatives being negotiated. The final pricing submitted for consideration by each of the proponents is as follows: PROPONENT TOTAL BID AMOUNT Unlco Integrated FacUities Services $111,163.06 + GST $7,781.41 = $118,944.47 Toronto. ON Less GST Rebate = $114498.17 Hur1ey Corporation $139,095.38 + GST $9,736.68 = $148,432.06 Toronto ON Less GST Rebate = $142.868.52 Each of the proposals were evaluated on quality control, references, previous experience, overall approach to the contract, interview, financial stability, and pricing. A thorough review of each submission revealed that Hurley Corporation offered a far superior program with respect to Quality Control, number of staff, contract implementation and their approach to Human Resources. References provided by the subject firm include Nortel and the Toronto Airport. In both cases the references have advised that exemplary service has been received and that the subject firm g~s abr, (j~d beyond with respect to meeting quality J J J J J J J J J J J J J J J . . J I "~I I l l l L L L L L L L L L L L L L L L L REPORT NO.: COD-005-03 Page 3 of 4 expectations. In addition, the subject finn is ISO ce~ed and has been awarded the honour of membership in "Canada's 50 Best Managed Companies" for the past three years. The contractor estimates the total. number of persons hours required to perfonn the cleaning to be 632 per month. The proposed contract award is subject to negotiation of satisfactory contract tenns and conditions and is based on an approximate price in order to allow for further negotiation of any other minor issues that may arise, however the total value will not deviate more than 1 %. Advantages: . Fixed fee for two years . All inclusive fees include payroll administration, training, etc. . Dedication to janitorial care . Ongoing formal and documented quality care program . Guaranteed full staff complement Disadvantages: . Staff monitoring of the contact . Public and staff perception ODtlon II. MaintaininG the Janitorial Service In House If the janitorial service was to remain in house, staff is recommending a combination of 3 full time and 2 part time staff to meet the proposed level of service. Staff is estimating the total number of # persons hours required to perfonn the cleaning is 640 hours per month. This estimated number does not include any supervisory costs since this is part of and included in the overall Operations department staffing budget. Additional costs would include the purchase of equipment (amortized over 3 years), annual cleaning supplies, training, clothing, and personal protective equipment. The costs for the in house contract is estimated for 2003 as follows: Staffing: Equipment I Cleaning Supplies, Training, Operating Supplies Total $162,234.96 S 27.800.00 $190,034.96 1203 REPORT NO.: COO-005-03 Page 4 of 4 This calculation does not include incidental costs, such as additional staff coverage due to sickness, vacations etc. Other internal overhead costs for maintaining the service in house are more difficult to put a dollar figure on such as payroll administration, and administrative costs of adding new employees due to staff turnover, and are not included in the above calculation. Advantages: · Accountability of municipal staff Disadvantages: . Not a fixed cost · Additional Administrative cost for adding new employees due to staff tumover · No formal quality control program (contract is ISO certified) . More expensive · Need to address staff vacationlillness · Ongoing training - legislative requirements Summary Based on the advantages outlined and the estimated annual savings of $47,166.44 or $94,332.88 for the two year term to contract out versus keeping the operation in house, it is respectfully recommended that services be contracted out and the proposal from Hurley be accepted for a one year contract to commence May 1, 2003 and that the contract be extended for a second year pending satisfactory service. The pricing is firm for the two year period. The implications to the existing Municipality of Clarington staff have been addressed in a memo provided to Council under separate cover. Should Council choose not to endorse contracting out the janitorial services, then approval to fill the required positions is respectfully requested. 1204 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 J J J J J J J J J J J J J J J J I I; :r I L L L l l L l L l L L l L L l L L L L Schedule" A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hurley Corporation, Toronto, Ontario, to enter into agreement for the Janitorial Services for the Municipal Administrative Centre, Bowmanville, ON. 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, Hurley Corporation, of Toronto, 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 ,2003. By-law read a third time and finally passed this day of ,2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1205 J J J J J J J J J J J J J J J I J I I', 't i: L L L L l L L L L L l l L L l L L L L q~.n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 7, 2003 Report #: COD-010-03 File #_ By-law # Subject: GeoSmart Application Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-010-03 be received; 2. THAT Staff be authorized to submit an application to the Province of Ontario GeoSmart Funding program to the maximum allowable amount of $500,000 for a Municipal GIS solution; . 3. THAT the Purchasing by-law tender requirements be waived for acquisition of GIS related applications including hardware, software and consultants; 4. THAT Staff be authorized to apply the unallocated funds in the GIS reserve fund totaling $ 30,000, plus any orthophoto/vector mapping unexpended funds from prior year budgets, to the application for funding; 5. THAT the application to the GeoSmart Funding program identify those funds that are subject to Council approval in the 2003 capital budget for GIS purposes; 6. THAT subject to GeoSmart Funding allocation, the approved capital funds for GIS identified in the 2003 budget be authorized for expenditure on the GIS solution identified in the application; 7 . THAT subject to satisfactory negotiations for contributions (including in-kind contributions) to the benefit of the Municipal proposal, Staff be authorized to enter into Public/Private Partnership agreements for the purpose of obtaining GeoSmart funding toward a GIS solution; 8. THAT if there is any substantial change to, the intent of the resolutions contained herein, to the terms of the application or to any of the agreements negotiated to implement the GIS solution, Staff report back to Council. 1206 REPORT NO.: COD-010-03 Page 2 of4 J I J J J J J ] J J J J J J J I I I I 9. THAT the above resolutions be approved FORTHWITH ~ />;f /~' Submitted by:-/' _ ~z~ it. .~ Marie Marano, H.B.Sc., C.M.O. Dire r of Corporate Services a i Crome, M.C.I.P., R.P.P. Director of Planning Services 1207 Reviewed b~N<-ZQ~~ Franklin Wu, Chief Administrative Officer L L l L L L l L l l L l L l l L L L L REPORT NO.: COD-010-03 Page 3 of 4 BACKGROUND: 1. A number of years ago the Municipality's GIS solution strategy was approved and has been evolving slowly in partnership with SHL Systemhouse. As a result of the firm's takeover there is no further development of the Municipal Partnership applications and no ability to move to upgraded Windows platforms. As a result the Municipality is forced to look to alternate solutions to complete the GIS program. Some of the applications that are used under the existing software will become obsolete, however a solution can be implemented which will migrate the data on the existing system to alternate applications. 2. Staff engaged the firm of Forhan Rogers as consultants, for a fee of $10,000, to put forward a migration strategy. This firm has provided information to assist the Municipality in putting forward an application to the Province of Ontario GeoSmart Funding Program. This program is primarily to assist smaller municipalities to become more technically advanced. The Province is encouraging Public/Private Partnerships with in-kind contributions from the private sector to help make up the Municipal contribution. The maximum available funding from the Province is $500,000. 3. Staff submitted a letter of intent to the Province and received approval to make a full application for funding on March 30, 2003. It is recommended that the Municipality of Clarington submit an application for the maximum funding, and negotiate with private firms to seek in-kind contributions to add to the Municipality's contribution. The Province's objectives in this program are to improve local government efficiency, to support local economic development and to increase access to land information over the internet. 4. It is recommended that the Municipality partner with Forhan Rogers and any GIS application vendors who are capable of providing the necessary GIS solutions. There are only two or three firms capable of meeting industry standards with their product. The intention would be to negotiate with the available vendors to come up with the best contribution options for the Municipality. Because the field is so limited, and in an attempt to remain reasonably compatible with the Region of Durham and the Area Municipalities, it is not considered necessary to tender the opportunity. In consideration of the time deadlines for the funding, it is also not considered to be in the Municipality's best interest to delay the process with a tender when it is known that the available vendors are very limited. 5. The firm of Forhan Rogers has provided written confirmation that they do not and will not benefit from any partnering agreements made by the Municipality with the additional private partners. 6. It is anticipated that the Municipality will also explore any opportunities that may be available to partner with Veridian and/or Hydro One on the orthophoto components of the GIS solution, and with the Board of Trade as a non funding partner for possible opportunities in economic development. Staff will be exploring other partnership opportunities with public sector agencies. 1208 REPORT NO.: COD-010-03 Page 4 of 4 J J J J J J J J J J J J J J J I I I I 7. There are limited unexpended funds in the GIS Reserve Fund of approximately $30,000, which are recommended to be committed through the application for funding. In addition it is recommended that any funds from the prior year budget that were earmarked for orthophoto or vector-mapping and other GIS applications which are eligible for inclusion in the application be applied. Contingent on Council's approval of the 2003 capital budget, and approval of the identified funds of approximately $380,000 for GIS purposes, these funds will be applied to the final solution. 8. The recommendations are requested on a FORTHWITH basis due to the tight timelines for submission. The application is requested by April 7th for early consideration. It is thought to be in the Municipality's best interest to submit the application to meet the earliest deadline. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905}623-3379 F (905}623-3330 1209