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HomeMy WebLinkAbout06/16/2003 - .. Cl&:!Dgton - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: JUNE 16,2003 - TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS - 1. - 2. 3. - ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES (a) Minutes of a Regular Meeting of June 2, 2003 301 - 4. DELEGATIONS (a) Natalie MacDonald, Resource Development Manager and Sylvia Pivko, .. Executor Director, Durham Family Court Clinic, 44 Richmond Street W., Suite 201, Oshawa - video presentation - Seeds of Hope - (b) Murray Evans, 28 Ellery Drive, Richmond Hill, L4C 8Z6 - Report PSD-076-03 - (c) Peggy Clark, 4 Wellington Street, Bowmanville, L 1C 1V1 - Spraying Pesticides - West Nile Virus .. (d) Sid Jelinek, 801 Eglington Avenue W. Suite 100, Toronto, M5N 1 E3 - Report PSD-082-03 .. (e) Adam Gibson, 164 Baseline Road E., Bowmanville, L 1C 1A2 - Report PSD-082-03 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - ... G.P.& A. Agenda - 2 - June 16, 2003 - (f) Dana Grant, 73 Barley Mill Cres., Bowmanville, L 1 C 4E9 - - Report PSD-082-03 (g) George Tzalis, 591617 Ontario Ltd., 13 Bruntsfield Street, .. Courtice, L 1 E 1 B4 - Report PSD-082-03 (h) Sherry Bonazza, 71 Mearns Court, Unit 3, Bowmanville, L 1 C 4N4 ... - Report CSD-13-03 (i) Peter Wynne, 140 McFeeters Cres., Bowmanville, L 1 C 4K6 - - Report CSD-14-03 U) Myno Van Dyke, Newcastle Village & District Historical Society .. - Report CS D-17 -03 - (k) Ron Hooper, Clarington Board of Trade, 39 King Street W., Bowmanville, L 1 C 1 R2 - Report ADM-04-03 .. (I) Steve Tinmouth, 3862 Wilcox Road, R.R. #2, Orono, LOB 1 MO - Wilcox Road ... 5. PUBLIC MEETING (a) Official Plan Amendment and Rezoning Applications ... Applicant: 376965 Ontario Limited (Robert Hockney) REPORT PSD-067 -03 501 ... 6. PLANNING SERVICES DEPARTMENT (a) PSD-067 -03 - Official Plan Amendment and Rezoning Applications ... Applicant: 376965 Ontario Limited (Robert Hockney) 601 - (b) PSD-068-03 - Application For Removal of Holding Symbol Applicant: Joe Domitrovic 607 - (c) PSD-069-03 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of May 29,2003 Files: A2003/002, A2003/011, A2003/012, - A2003/013 and A2003/014 613 (d) PSD-070-03 - Ridge Pine Park Inc. . Wilmot Creek Community Phases 1 to 5 621 ... - .. .. G.P.& A. Agenda - 3 - June 16, 2003 - Amendment to the Comprehensive Zoning By-law (e) PSD-071-03 - 84-63 to permit Bed and Breakfast Establishments 627 - (f) PSD-072-03 - Application for Removal of Holding Applicant: Anoop Saraf, 1529593 Ontario Limited - Part Lot 9, Concession 2, Former Town of Bowmanville, 72 Concession Street East, Bowmanvi lie 647 .. (g) PSD-073-03 - Application for Removal of Holding Symbol Applicant: Aspen Heights II Ltd. 653 .. (h) PSD-074-03 - Application for Removal of Part Lot Control Applicant: St. Stephen's Estates Inc. 659 - (i) PSD-075-03 - Environmental Assessment for the Used Fuel Dry Storage Facility Proposed on the Darlington Nuclear - Generation Station Lands - Revised Environmental Assessment Study Report and Draft Screening Report 665 .. U) PSD-076-03 - Rezoning and Site Plan Applications Applicant: Imperial Oil Limited .. Part Lot 34, Concession 2, Former Township of Darlington, 1451 and 1455 Highway 2, Courtice 679 - (k) PSD-077-03 Durham Region Official Plan Amendment Application - Applicant: Loblaw Properties Limited - Northeast corner of Taunton Road and Harmony Road, City of Oshawa 691 - (I) PSD-078-03 - Application for Removal of Holding Symbol Applicant: Port of Newcastle Homes Inc. (The Kaitlin Group) 697 .. (m) PSD-079-03 - Application for Removal of Holding Symbol Applicant: 829426 Ontario Inc. (Kelvin Whalen) 69904 - (n) PSD-080-03 - Community Rental Housing Program 69910 - (0) PSD-081-03 - Application for Removal of Part Lot Control Applicant: The Kaitlin Group on behalf of 1138337 Ontario Inc. Port of Newcastle- - Phase I, Stage III 69930 - .. G.P.& A. Agenda - 4- June 16 , 2003 .. (p) PSD-082-03 - Request for Partial Exemption to the Bowmanville .. King Street East Interim Control By-law 69936 (q) PSD-083-03 - Orono BIA Signage 69947 .. 7. ENGINEERING SERVICES DEPARTMENT .. (a) EGD-21-03 - Monthly Report on Building Permit Activity for May, 2003 701 .. (b) EGD-22-03 - Clarington Transit Quarterly Status Report for First Quarter 2003 706 .. (c) EGD-23-03 - Service Club/Community Organization Sign Requests 709 .. (d) EGD-24-03 - Progress Report for Radar Message Board Program Review of: Longworth Avenue, .. Bowmanville and Old Scugog Road, Former Township of Darlington 715 - (e) EGD-25-03 - Proposal to Legally open by By-law an unopen portion of the Boundary Road situated between the Former Geographic Townships of - Darlington and Clarke 729 (f) EGD-26-03 - Confidential Report - Property Matter .. (distributed under separate cover) 8. OPERATIONS DEPARTMENT .. (a) OPD-005-03 - Winter Maintenance - Over Expenditure 801 .. 9. EMERGENCY SERVICES DEPARTMENT No Reports ,.. 10. COMMUNITY SERVICES DEPARTMENT .. (a) CSD-13-03 - Indoor Soccer Facility - Bowmanville Community Park 1001 .. (b) CSD-14-03 - Outdoor Lacrosse Bowl 1009 - .. - - G.P.& A. Agenda - 5 - June 16 , 2003 - (c) CSD-15-03 - Little Tots Daycare Centre - Evacuation Centre 1015 - (d) CSD-16-03 - Lifesaving Society Award - Burlington Cup 1018 - (e) CSD-17-03 - Clarington Museums Transitional Board/Newcastle Village and District Historical Society 1023 - 11. CLERK'S DEPARTMENT (a) CLD-025-03 - 911 Joint Powers Agreement 1101 - (b) CLD-26-03 - Appointment of Private Property Parking Enforcement Officers 1107 - (c) CLD-27 -03 - Waste and Litter By-law 1111 - (d) CLD-28-03 - Appointment of Officers to Enforce the Municipal Open Air Burning By-law 1115 - 12. CORPORATE SERVICES DEPARTMENT (a) COD-021-03 - Co-operative Tender CL2003-6, Traffic Signs 1201 - (b) COD-022-03 - CL2003-13 Surface Treatment and Asphalt and Surface Treatment Pulverizing 1204 - (c) COD-023-03 - Lions Club Offer to Lease, Clarington Beech Centre 1206 - Tender CL2003-14, Driveway Paving 1209 (d) COD-024-03 - (e) COD-025-03 - RFP2003-5, Tanker 1211 - (f) COD-026-03 - Confidential Report - Personnel Matter - (distributed under separate cover) (g) COD-027 -03 - Confidential Report - Personnel Matter - (distributed under separate cover) (h) COD-028-03 - Tender CL2003-1, Snow Clearing 1214 - - - .. .. .. .. - .. .. - THE MUNICIPALITY OF CLARINGTON .. General Purpose and Administration Committee June 2, 2003 - - ROLL CALL .. Present Were .. - Also Present: .. .. 11II .. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 2, 2003 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson CouncillorJ. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Divisional Fire Chief, G. Weir Deputy Clerk, M. Knight Stanley Clerk 11, D. MacKay Mayor Mutton chaired this portion of the meeting. 11II DISCLOSURES OF PECUNIARY INTEREST .. MINUTES 11II 11II .. .. - There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-237 -03 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 20, 2003 be approved. "CARRIED" 301 G.P. & A. Minutes DELEGATIONS - 2 - .. June 2, 2003 Mayor Mutton presented Andrea Oudyk and Ashleigh Vaughan-Evans, Student Pages, with a certificate for participating in the Page Program. .. .. Resolution #GPA-238-03 Moved by Councillor Schell, seconded by Councillor Rowe ... THAT Joanne Wells-Oates, 56 King Street, Port Hope, L 1 A 2R5 be added to the list of delegations. .. "CARRIED" .. Mayor Mutton advised Committee that the trip to Ottawa regarding Iter was a success. Alan Tonks has been very vocal with GT A concerns. .. IIIlIII Resolution #GPA-239-03 Moved by Councillor Schell, seconded by Councillor Trim .. THAT added time be given to the delegation of Jean-Michel Komarnicki. ... "CARRIED" .. (a) Jean-Michel Komarnicki, Chair, Committee of Adjustment, 89 Little Avenue, Bowmanville, L 1C 1J9 ... distributed a handout and requested that the following issues be considered during the review of the zoning by-law: IIIlIII . Lot coverage by new buildings . The relationship of lot size and size of accessory buildings . Small garden or storage sheds on urban lots . Definition of decks . Standardizing the calculation of measurements for setbacks . Disclosure of minor variances to subsequent owners . Follow-up and enforcement of the committee's decisions . Repeated or 'frivolous' applications for a minor variance . Comments from the various municipal; and Departments on the applications ... ... .. .. .. 302 III .. G.P. & A. Minutes - - 3 - June 2, 2003 DELEGATIONS CONT'D. .. .. .. - .. .. .. .. .. .. .. .. .. .. .. .. - The Committee of Adjustment also recommended that Staff be requested to review and report to Council, or the Committee to set a higher fee for a second or further application requesting essentially the same variance, after the Committee had either denied or approved the original application with some conditions. In closing, Mr. Komarnicki thanked Staff for their exceptional work and assistance. He requested that Staff review their comments and recommendations and report back to Council. (b) Norman Gyaltson on behalf of Tenzin Gyaltson, Newcastle IGA, 131 King Street East, Newcastle, L 1 B 1 H3 addressed Committee with respect to Report PLD-061-03 and advised that he is working with a firm and will be submitting an application to committee within 6 months. (c) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 addressed Committee with respect to Report PSD-061-03 and circulated a copy of her presentation wherein she requested that Council approve the disposition of the Kingsberry Properties application as recommended by the Planning Department. Ms. Racansky hopes that, if this application reappears in the future, the same requirement, a comprehensive watershed study, will be required for the sake of the protection of this fragile and sensitive watershed. She requested a short report from the Planning Department about disposition of this application and outline the reasons therefore. Kingsberry Properties include Welch, Kranzl and Foley's lands. She would appreciate receiving an explanation why the whole application represented at the OMB as Kingsberry Properties is not being disposed of. She also stated that Tonno's Properties include Witzske and Devesceri lands. A mutual agreement was signed by the landowners, government and her family that the comprehensive watershed study is required prior to any development of this area. No progress, not even in finding funds for this study, was ever made by these owners. She states, these two areas should be treated the same way as Foley's property is being treated now. 303 G.P. & A. Minutes - 4 - June 2, 2003 .. DELEGATIONS CONT'D. ... These applications should be disposed of at the same time. Ms. Racansky is requesting documentation regarding the ... closing of Tonno's properties' application. She requested conclusions about these applications in .. writing for future references in order to protect the rest of the watershed. .. (d) Glenn Genge, D. G. Biddle & Assoc., 96 King Street East, Oshawa, L 1 H 1 B6 addressed Committee on behalf of his clients with respect to Report PSD-061-03 and asked .. that the following applications be referred back to Staff: Schleiss & Holland - 18T -66-68 ... Kingsberry Properties - Dev. 90-011 - 18T-88057 Wallis & Colboot - 18T-85025. ... (e) Ayub Aulat on behalf of Yusuf Moolla, U3 - 564 Montcalm Avenue, Oshawa, L 1J 2H1 addressed Committee for .. clarification of Paragraph 8.3 of Report PSD-062-03 regarding contaminated sites. He requested that a contamination study be done on the property before IIIIiI approval of any application. He asked that approval not be granted for this application as it is now. He also requested some compassion be given to small business. Mr. Aulat .. suggested there was not enough time to review the report before the Committee and also that Shell Canada does not need a carwash. IIIIIi (f) Robert Dragicevic, Walker, Nott, Dragicevic Associates Ltd., 172 st. George Street, Toronto, M5R 2M7 thanked ... Members of Committee for the opportunity to respond to the recommendations in Report PSD-062-03. His objective is to support staff recommendations and approval of the zoning IIIIIi by-law. A Contamination Report will be dealt with through the site plan process. The owner has an obligation to clean the property and Shell Canada has a lot of experience for IIIIIi reusing sites. The applicant is committed to deal with all issues. A public meeting was held sometime ago, and comments have been taken into consideration. .. (g) Barry Jones, 76 Baldwin Street, Newcastle, L 1 B 1 H1 was present to answer questions regarding the application of IIIIiI Report PSD-065-03. .. 304 .. ... G.P. & A. Minutes - 5 - June 2,2003 ... DELEGATIONS CONT'D. .. (h) Shirley Crago, 255 Osbourne Road, Courtice, L 1 E 2R3 advised prior to the meeting that she would not be in attendance. (i) Edward Wallis, 1664 Simcoe Street N. Oshawa, L 1 G 4X9 concurred with Mr. Genge's comments regarding Application for Development 18T -5025. ... .. U) ... .. .. .. Joanne Wells-Oates, 56 King Street, Port Hope, L 1A 2R5 thanked Council for the opportunity to speak to Report PSD-063-03. She stated the applicant proposes to build a world class golf course, executive homes and would offer a social economic advantage to the community. The site was zoned industrial and is "anything but prime agricultural lands." There should be no concern with traffic because the site had already been given approval for 250 homes and another 1 00 would not impact the area. A Public meeting will be held Port Hope in July. Resolution GPA-240-03 ... Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for ten minutes. ... "CARRIED" .. The meeting reconvened at 10:50 a.m. ... Councillor Schell chaired this portion of the meeting. PUBLIC MEETINGS 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 applications: .. .. (a) - - ... - Clarington Official Plan Amendment Application Applicant: 1494392 Ontario Limited (Vissers Sod Farm) (b) Rezoning Application Applicant: Bed and Breakfast Establishments (c) Rezoning Application Applicant: Martin Road Holdings Ltd. 305 G.P. & A. Minutes - 6 - June 2, 2003 ... PUBLIC MEETINGS CONT'D. .. The Planning Services Department sent public notice for the rezoning application ZBA 2003/014 and the official plan amendment application COPA 2003/002, by first class mail on or before May 2, 2003 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. wi .. Public notices were also posted on the properties in question on or before May 2, 2003. Notice for the rezoning application ZBA 2003/003 was placed in the Canadian Statesman on May 14 and May 20, 2003. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. ... ... .. (a) Report PSD-057 -03 - 1494392 Ontario Limited - the purpose and effect of the application is to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation. .. No one spoke in opposition to or in support of this application. ... Robert Craig, agent for Visser Sod Farms, 4100 Liberty Street North, Bowmanville was present to answer questions from Committee. .. (b) Report PSD-058-03 - Municipality of Clarington - the purpose and effect of the application would permit the establishment of a bed and breakfast establishment in various zoning categories within the Municipality. .. .. No one spoke in opposition to or in support to this application. .. (c) Report PSD-059-03 - Martin Road Holdings Ltd. - the purpose and effect of the application is to permit the development of six (6) lots for single detached dwelling units. .. No one spoke in opposition to or in support to this application. .. Kelvin Whalen, Martin Road Holdings Ltd., 1029 McNicol Avenue, Scarborough, M1W 3W6 was present to answer questions from Committee. .. .. .. 306 .. ... G.P. & A. Minutes - 7 - June 2, 2003 ... PLANNING SERVICES DEPARTMENT ... Clarington Resolution #GPA-241-03 Official Plan Amendment Appl. Moved by Councillor Robinson, seconded by Mayor Mutton Applicant: 1494392 Ontario Ltd. THAT Report PSD-057-03 be received; - - THAT the application to amend the Clarington Official Plan, submitted by Robert Craig on behalf of 1494392 Ontario Limited (Vissers Sod Farm) be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and .. .. THAT all interested parties listed in Report PSD-057 -03 and any delegations be advised of Council's decision. .. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) .. Resolution #GPA-242-03 .. Moved by Mayor Mutton, seconded by Councillor Pingle .. THAT the foregoing Resolution #GPA-241-03 be amended by adding the following wording thereto: ... "THAT the application not be brought back until such time as all property standards issues have been resolved." "CARRIED" ... The foregoing Resolution #GPA-241-03 was then put to a vote and CARRIED AS AMENDED. ... ... Bed and Breakfast Establishments Resolution #GPA-243-03 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT Report PSD-058-03 be received; - ... THAT the proposed amendment to By-law 84-63, as amended, to permit bed and breakfast establishment in various zones within the Municipality of Clarington, be referred back to staff for further processing and the preparation of a subsequent report; and ... 307 - G.P. & A. Minutes - 8 - .. June 2, 2003 PLANNING SERVICES DEPARTMENT CONT'D. Rezoning Appl. Applicant: Martin Road Holdings Ltd. Environmental Impact Studies .. THAT all interested parties listed in Report PSD-058-03 and any delegations be advised of Council's decision. .. "CARRIED" lIIIIi Resolution #GPA-244-03 Moved by Councillor Trim, seconded by Mayor Mutton .. THAT Report PSD-059-03 be received; .. THAT the rezoning application submitted by Martin Road Holdings Ltd. be approved and the by-law be passed as contained in Attachment #2 to Report PSD-059-03; and .. THAT all interested parties listed in Report PSD-059-03 and any delegations be advised of Council's decision. .. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... Resolution #GPA-245-03 ... Moved by Mayor Mutton, seconded by Councillor Rowe IIliI THAT the foregoing Resolution #GPA-244-03 be amended by adding the following wording to the second paragraph: IIliI "pending receipt of all outstanding taxes." .. "CARRIED" The foregoing Resolution #GPA-244-03 was then put to a vote and CARRIED AS AMENDED. .... Resolution #GPA-246-03 ... Moved by Councillor MacArthur, seconded by Councillor Pingle .. THAT Report PSD-060-03 be received; and THAT the termination date for the Roster of Consultants for the III Preparation of Environmental Impact Studies, as indicated in Section 2 of Report PD-066-00, be extended to June 30, 2004. lIIIIi "CARRIED" 308 .. ... G.P. & A. Minutes ... - 9- June 2, 2003 PLANNING SERVICES DEPARTMENT CONT'D. .. Outstanding Applications for Official Plan Amendments .. .. ... .. ... ... .. - - - .. - ... ... .. - Resolution #GPA-247-03 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report PSD-061-03 be received; THAT the recommendations as contained in Appendices No. 1,2 and 3 of Report PSD-061-03 be approved; THAT the interested parties and delegations regarding each application dealt with in Report PSD-061-03 be advised of Council's decision with respect to the application; and THAT a copy of Report PSD-061-03 be forwarded to the Region of Durham Planning Department. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #GPA-248-03 Moved by Councillor Rowe, seconded by Mayor Mutton THAT the foregoing Resolution #GPA-247-03 be amended by adding the following wording to the second paragraph: "with the exception of the following three applications to be referred to Staff for a report to Council on June 9, 2003. Schleiss & Holland - 18T -86068 Kingsberry Properties - Dev. 90-011-18T-88057 Wallis & Colboot-18T-85025" "CARRIED" Resolution #GPA-249-03 Moved by Councillor MacArthur, seconded by Mayor Mutton THAT the foregoing Resolution #GPA-247-03 be amended by adding the following wording as a third paragraph. 'THAT Application Dev. 99-022 - 564069 Ontario Ltd. be granted a 6-month extension." 309 "CARRIED" G.P. & A. Minutes - 10- June 2, 2003 .... PLANNING SERVICES DEPARTMENT CONT'D. 11IIIII The foregoing Resolution #GPA-247-03 was then put to a vote and CARRIED AS AMENDED. ... Rezoning Appl. Resolution #GPA-250-03 Applicant: Shell Canada Products Moved by Councillor Robinson, seconded by Councillor Rowe Limited .. THAT Report PSD-062-03 be received; ... THAT the rezoning application submitted by Walker Nott Dragecivic Associates Limited on behalf of Shell Canada Products Limited to permit the redevelopment of a gas station with a convenience store and car wash be approved; .. ... THAT the By-law attached to Report PSD-062-03 contained in Attachment 3 be passed and a copy forwarded to the Regional Municipality of Durham; and .. THAT all interested parties listed in Report PSD-062-03 and any delegations be advised of Council's decision. ... "CARRIED" ... Appl. for Official Resolution #GPA-251-03 Plan Amendment Applicant: Tucker Moved by Mayor Mutton, seconded by Councillor Robinson Creek Ltd. ... THAT Report PSD-063-03 be received; .. THAT Report PSD-063-03 be adopted as the Municipality of Clarington's initial comments with respect to the proposed official plan amendment and zoning by-law amendment application within the Municipality of Port Hope referred to as Tucker Creek (Port Hope File # 2.G.16); .. ... THAT the Municipality of Port Hope continue to keep the Municipality of Clarington apprised with respect to this application and that all Council decisions with respect to this development be forwarded to the Municipality of Clarington; and ... .. THAT a copy of Report PSD-063-03 be forwarded to the Municipality of Port Hope and that all interested parties listed in Report PSD-063-03 and any delegations be advised of Council's decision. llIII llIII 310 .. - G.P. & A. Minutes - 11 - June 2, 2003 .. PLANNING SERVICES DEPARTMENT CONT'D. .. THAT, if the application is approved by the Municipality of Port Hope, appropriate financial contributions to be determined by the Director of Engineering be paid to Municipality of Clarington by the applicant and Municipality of Port Hope. - "CARRIED" .. .. Appl. for Removal Resolution #GPA-252-03 of Holding Symbol Applicant: Waverly Moved by Councillor Pingle, seconded by Councillor MacArthur Road Properties Inc. THAT Report PSD-064-03 be received; .. .. THAT the application submitted by Waverly Road Properties Inc. to remove the Holding (H) symbol be approved; .. THAT the by-law attached to Report PSD-064-03 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and .. THAT all interested parties listed in Report PSD-064-03 and any delegations be advised of Council's decision. - "CARRIED" .. Rezoning Appl. Resolution #GPA-253-03 Applicant: DiAdamo Holdings and Moved by Councillor Robinson, seconded by Councillor MacArthur Enterprises Ltd. - THAT Report PSD-065-03 be received; THAT the Amendment to Zoning By-law 84-63, as per Attachment 2 to Report PSD-065-03, to permit a golf driving range and mini putt on a temporary basis for a three year period, pursuant to Section 39 of the Planning Act, be approved and forwarded to Council for adoption; .. .. .. THAT a copy of Report PSD-065-03 and Council's decision be forwarded to the Region of Durham Planning Department; and - THAT all interested parties listed in Report PSD-065-03 and any delegations be advised of Council's decision. 3 1 1 "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) - - G.P. & A. Minutes - 12- June 2, 2003 .... PLANNING SERVICES DEPARTMENT CONT'D. .. Resolution #GPA-254-03 - Moved by Councillor Robinson, seconded by Councillor Macarthur THAT Resolution #GPA-253-03 be approved, FORTHWITH and the by-law attached to Report PSD-065-03 be referred to the Council meeting immediately following the General Purpose and Administration Committee Meeting. .. - "CARRIED" - Confidential Resolution #GPA-255-03 Report - Property Matter Moved by Mayor Mutton, seconded by Councillor Pingle .. THAT the recommendations contained in Confidential Report PSD-066-03 be approved. .. "CARRIED" - Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT .. Stormwater Resolution #GPA-256-03 Outfall Construction Applicant: Moved by Councillor Schell, seconded by Councillor Pingle W.E. Roth Construction Ltd. THAT Report EGD-18-03 be received; IIIIlI - THAT the Municipality of Clarington grant the transfer of an easement for the construction and maintenance of a stormwater outfall, shown as Part 4 of Registered Reference Plan 40R-20800, to W. E. Roth Construction Limited and Edlup Holdings Limited; .... ... THAT the by-law attached to Report EGD-18-03 granting the easement for the construction and maintenance of a stormwater outfall be passed, authorizing the Mayor and Clerk to execute the agreement; .. .. THAT the Municipality's solicitor be directed to complete this transaction; and ... THAT all interested parties listed in Report EGD-18-03 and any delegations be advised of Council's decision. ... 31 2 "CARRIED" ... .. G.P. & A. Minutes - 13- June 2, 2003 .. ENGINEERING SERVICES DEPARTMENT CONT'D. - Bowmanville Resolution #GPA-257 -03 Community Park - Phase One Moved by Councillor Rowe, seconded by Councillor Schell - THAT Report EGD-19-03 be received; and .. THAT the concept plan for Phase One of the Bowmanville Community Park be approved. "CARRIED" - - Robinson Ridge Neighbourhood Park Resolution #GPA-258-03 Moved by Councillor Rowe, seconded by Councillor Robinson .. THAT Report EGD-20-03 be received; .. THAT the Purchasing By-law #94-129, Section 5, Item 5,06, be waived for this transaction; .. THAT, before the purchase order is issued, the Courtice Parks Baseball and Softball Association pay to the Municipality their portion of the batting cage cost; THAT a purchase order in an amount of $157,300.00 be issued to 289143 Ontario Ltd. for the water play area and batting cage; and III .. ... THAT the required funds be drawn from the 2003 capital Budget Account No. 8610-03103-1401 for the Robinson Ridge Neighbourhood Park. "CARRIED" ... Councillor Trim chaired this portion of the meeting. ... OPERATIONS DEPARTMENT - Senior Citizens Resolution #GPA-259-03 and Physically Disabled Sidewalk Moved by Councillor Schell, seconded by Councillor Robinson and Driveway Windrow Snow THAT Report OPD-04-03 be received for information. Clearing Program "CARRIED" .. ... 313 - G.P. & A. Minutes - 14- June 2, 2003 ... OPERATIONS DEPARTMENT CONT'D. .... The Director of Operations gave a brief update on the West Nile Virus. No dead birds have been tested as positive in the Region of Durham. An information session will be held in June. .. .. EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda. .. 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 Parking Reports Resolution #GPA-260-03 For January, February, March, Moved by Councillor Schell, seconded by Councillor Robinson April, 2003 IIIIIi .. THAT Report CLD-23-03 be received; and THAT a copy of Report CLD-23-03 be forwarded to the Bowmanville Business Centre for their information. ... "CARRIED" ... Mayor Mutton chaired this portion of the meeting. ... CORPORATE SERVICES DEPARTMENT Tender CL2003-12 Resolution #GPA-261-03 ... Part "A" Part "B" Moved by Councillor Rowe, seconded by Councillor MacArthur .. THAT Report COD-018-03 be received; THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the amount of $407,904.50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-12, be awarded the contract for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel; and IIIIIi ... .. 314 III ... G.P. & A. Minutes - 15- June 2, 2003 - CORPORATE SERVICES DEPARTMENT CONT'D. .. THAT the funds expended be provided from the 2003 Operations Road Maintenance and Construction budget; FORTHWITH. - "CARRIED" - FINANCE DEPARTMENT - There were no items considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT - Clean Air Council Resolution #GPA-262-03 - Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report ADM-02-03 be received; and .. THAT the Mayor and the CAO be authorized to take all necessary actions to represent the Municipality of Clarington on the GT A Clean Air Council and to participate in clean air initiatives. ... .. "CARRIED" UNFINISHED BUSINESS ... Resolution #GPA-263-03 .. Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Jean-Michel Komarnicki be referred to the Director of Planning Services. .. "CARRIED" .. Resolution #GPA-264-03 - Moved by Councillor Schell, seconded by Councillor Robinson - THAT the delegation of Libby Racansky be referred to the Director of Planning Services. "CARRIED" .. 31 5 - G.P. & A. Minutes OTHER BUSINESS ADJOURNMENT - 16 - June 2, 2003 .. ... Councillor Trim gave an update from a meeting on May 13, 2003 held at the Region Health Department regarding a Report on West Nile Virus. He also attended a meeting on May 14, 2003, regarding Oshawa Skeet & Gun Club. ... .. Councillor Rowe informed Committee that CLOCA has produced a one page pamphlet of frequently asked questions regarding West Nile Virus which is available at the front desk. 11IIII ... Resolution #GPA-265-03 .. Moved by Councillor Schell, seconded by Councillor MacArthur lIIlIii THAT the meeting adjourn at 11 :40 a.m. "CARRIED" IIIIIi ... MAYOR ... DEPUTY CLERK .. .. .. -- .. 11IIII 316 .. 'III - - - - - - - - - - - - - - - - - - - PUBLIC MEETING I" [} rmglO~n CORPORATION OF THE REPORT 1/ PSD-067-03 lJIU-'-J r.lL MUNICIPALITY OF CLARINGTON 376965 ONTARIO LIMITED :'ad,ng 1/". Way NOTICE OF PUBLIC MEETING (ROBERT HOCKNEY) I Development Application by: 376965 ONTARIO LIMITED (ROBERT HOCKNEY) PLANNING FILE NOS.: COPA 2003-005 AND ZBA 2003-011 AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment and a proposed Zoning By-law Amendment, under Sections 17 and 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Official Plan Amendment and Zoning By-law Amendment submitted by 376965 Ontario Limited (Robert Hockney), would permit the retail sale of arts, crafts, antiques or other hobby items, in addition to permitted uses on a 1.190 ha (2.94 ac) parcel of land. The subject property is located in Part Lot 21, Concession 2, former Township of Darlington at 2140 Highway 2 (as shown on the reverse). PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, June 16, 2003 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on these applications you can make a deputation to Council at their meeting on Monday, June 23, 2003, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, June 18, 2003 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan and/or Zoning By-law Amendments, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Bob Russell at (905) 623-3379 extension 341 or bye-mail atbrussell@municipality.c1arington.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and/or Zoning By- law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Amendments are approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 12'h day of May 2003. 40 Temperance Street Bowmanville, Ontario L1 C 3AG 501 Davi Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington ... ... .. ---...... .. o <( o 0::: ... I- --.J o I .. OUR 'li44t 1-;/ G ' Iitv4 r -2 .. .. ... ~- .. .. ~ ... ------- ... Darlington Key Map COPA 2003-005 Clarington Official Plan Amendment ... o <i o a:: w > o a:: <.:> Dulr, ;Jy'</tlr Iy/Q Iy~r .2 ... o <i o a:: w -l o z :::> a:: ZBA 2003-011 Zoning By-law Amendment o <i o a:: I- -l o I W -l CL <i ~ .. Owner: 376965 Ontario Ltd. Applicant: Robert Hockney STREET BLOOR ... II 502 IIllIIl - - Cl!J!.#1gron REPORT PLANNING SERVICES - - PUBLIC MEETING - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 16, 2003 -. Report #: PSD-067 -03 File #: COPA 2003-005 (ZBA 2003-011) By-law #: - Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS APPLICANT: 376965 ONTARIO LIMITED (ROBERT HOCKNEY) - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-067-03 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law, submitted by Robert Hockney on behalf of 376965 Ontario Limited be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - - - - Submitted by: Da ;J. Crome, M.C.I.P., R.P.P. Director of Planning Services /~ /J () (~~-f6j~ Reviewed by: Franklin Wu, Chief Administrative Officer - - BR*L T*DJC*sn - May 27, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623-0830 ~nl .. REPORT NO.: PSD-067-03 PAGE 2 - 1.0 APPLICATION DETAILS - 1 .1 Owner: 376965 Ontario Limited .. 1 .2 ApplicanV Agent: Robert Hockney .. 1.3 Clarington Official Plan Amendment: To permit the retail sale of arts, crafts, antiques and/or other hobby items in the Green Space designation. .. 1.4 Rezoning: To permit the retail sale of arts, crafts, antiques and/or other hobby items. .. .. 1.5 Area: 1.190 hectares (2.94 acres) 1.6 Location: .. The area subject to the proposal is located two properties west of the northwest corner of the Holt Road/Durham Highway 2 intersection or 2140 Durham Highway 2. The more formal location description is Part Lot 21, Concession 2, former Township of Darlington. .. .. .. 2.0 BACKGROUND .. 2.1 In early 2003 Clarington By-law Enforcement investigated a complaint regarding the operation of a flea market on the subject property. Enforcement staff informed the owner/applicant that he would be charged if he did not rectify his illegal operation by gaining approval through the appropriate planning applications. .. .. On March 25, 2003, the Planning Services Department received an application to _ amend Zoning By-law 84-63. On April 29, 2003, the Department received an application to amend the Clarington Official Plan. _ .. 602 IIIiIIII - REPORT NO.: PsD-067-03 PAGE 3 - 3.0 CHARACTERISTICS AND SURROUNDING USES - 3.1 The property contains a commercial building from which farm produce is sold on a year- round basis. There is a small parking area in front of the building. On the same property, northwest of this building, is a dwelling and detached garage. The topography is flat. - - 3.2 The surrounding land uses are as follows: North - Rural residential and vacant South - Durham Highway 2 and beyond, rural residential East - Rural residential and a commercial property (tow truck business) West - Rural residential - - .. 4.0 PUBLIC NOTICE AND SUBMISSIONS - 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Durham Highway 2 frontage. - 4.2 As a result of the public notification process to date, the Planning Services Department has received telephone inquiries from two residents. A neighbour to the north indicated that Mr. Hockney removed a portion of a common property line fence and has yet to re- install it. - - 5.0 OFFICIAL PLAN CONFORMITY - 5.1 - 5.2 - The Durham Regional Official Plan designates the property as Major Open Space. The Regional Planning Department has yet to respond on the issue of conformity. - The Clarington Official Plan designates the property as Green Space, which does not permit the retail sale of arts, crafts, antiques and/or other hobby items. The proposal does not conform, hence the application to amend the Official Plan. The proposed Official Plan Amendment is shown as Attachment 2. - - - 603 REPORT NO.: PsD-067-03 PAGE 4 6.0 ZONING BY-LAW COMPLIANCE 6.1 Zoning By-law 84-63 of the former Town of Newcastle zones the subject lands "Agricultural Exception (A-4)" which, in addition to agricultural uses, permits a farm produce sales outlet on a year-round basis. The proposal does not conform, hence the rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. The Emergency & Fire Services Department has no fire safety concerns. Comments remain outstanding from: Clarington Engineering Services Department, Regional Planning Department, Regional Works Department and Hydro One Networks Inc. 8.0 STAFF COMMENTS 8.1 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. Attachments: Attachment 1 - Site Location Key Map and Property Plan Attachment 2 - Proposed Clarington Official Plan Amendment List of interested parties to be advised of Council's decision: 376965 Ontario Limited Mrs. Nellie Thompson c/o Robert Hockney 2168 Highway 2 1590 Pebblestone Road BOWMANVILLE, Ontario COURTICE, Ontario L 1 C 3K7 L 1 E 2H1 604 .. .. IIllIi .. .. .. .. .. 11IIII ,.. .. .. .. .. - .. .. .. .. .. - - - - - - - - ATTACHMENT 1 Existing Shed Existing House Existing Building &:) <( o 0:: I- ...J o J: - DU~ - ;Y~4t It/GIt, *~y ~ - :2 - - - - - - - Darlington Key Map COPA 2003-005 Clarington Official Plan Amendment ZBA 2003-011 Zoning By-law Amendment Owner: 376965 Ontario Ltd. Applicant: Robert Hockney hnc; .. ATTACHMENT 2 AMENDMENT TO THE CLARINGTON OFFICIAL PLAN - - PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit on lands designated as Green Space, on the property with tax assessment roll no. 18-17-010-040-01900, the retail sales of arts, crafts, antiques and/or other hobby items in addition to already permitted uses. The property is located in Part Lot 21, Concession 2, former Township of Darlington at 2140 Durham Highway 2. .... - BASIS: The Amendment is based on an application submitted by Robert Hackney on behalf of 376965 Ontario Limited to permit the retail sales of arts, crafts, antiques and/or other hobby items in addition to already permitted uses. - ... Council is satisfied that this amendment meets the intent of the Official Plan and fulfills the objective of preserving agricultural land. -- ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding the following policy: ... 14.5.2 Notwithstanding Section 14.5.1, on the property with tax assessment roll no. 18-17-010-040-01900, the retail sales of arts, crafts, antiques and/or other hobby items in addition to already permitted uses shall be permitted. .. .. IMPLEMENT A TION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. - INTERPRET A nON: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. <11II - - .. - .. 606 IIlil - CJ~iQgtDn - - - REPORT PLANNING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: - Date: Monday, June 16,2003 - Report #: PSD-068-03 File #: ZBA 2003-005 By-law #: (X-ref: SPA 2003-008) - Subject: - APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: JOE DOMITROVIC RECOMMENDATIONS: - - 1. ... 2. ,.. 3. .. 4. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-068-03 be received; THAT the application submitted by Joe Domitrovic to remove the Holding (H) symbol be APPROVED; THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - - - - Submitted by: ~.. Reviewed bY:U ~~--.::;-~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer RH/CP/DC/df 10 June 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 607 REPORT NO.: PsD-068-03 PAGE 2 .. 1.0 APPLICATION DETAILS .. 1.1 Applicant: Joe Domitrovic .. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Agricultural Exception ((H)A-66) Zone" to "Agricultural Exception (A-66) - Zone" to permit the existing automotive body shop. - 1.3 Location: Part Lot 29, Concession 3, former Township of Darlington, 3872 Courtice Road. - 2.0 BACKGROUND 2.1 On February 27, 2003, Staff received a request from Joe Domitrovic for the removal of the "Holding (H)" symbol from a property at the southwest corner Pebblestone Road and Courtice Road in Courtice. Attachment 1 shows the location of the property currently zoned "Holding-Agricultural Exception ((H)A-66) Zone". ... .. .. - 2.2 Official Plan amendment and rezoning applications to permit the existing automotive body shop were approved by the Regional Municipality of Durham and Municipality of Clarington. These approvals created exception policies and zoning to permit continuance of the existing use. Although the approvals were all appealed to the Ontario Municipal Board in May 2001 for a consolidated hearing, the appeals were subsequently withdrawn by the appellant in May 2002. ... ... .. 2.3 In order to finalize the process, the applicant has submitted a rezoning application to remove the "Holding (H)" symbol. The applicant also submitted a site plan approval application (SPA 2003-008) on February 27, 2003 to finalize site plan matters. ... - .... .. .. 608 .. - - - - - - - .. .. - - - - - - - - - - REPORT NO.: PSD-068-03 PAGE 3 3.0 STAFF COMMENTS 3.1 The subject property is presently zoned "Holding-Agricultural Exception ((H)A- 66) Zone". The provisions of the Official Plan allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the development will be adequately serviced, appropriate measures have been taken to protect the natural environment, appropriate measures will mitigate negative impacts, appropriate agreements have been executed and that the implementation of the Official Plan policies is satisfactory. 3.2 Site plan approval for the project was issued on June 1 0, 2003 subject to conditions including the conveyance of a road widening and the applicant entering into a site plan agreement with the Municipality. Since the site plan agreement will be finalized shortly, removal of the Holding symbol would permit the applicant to proceed with the existing use. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) Symbol Interested parties to be notified of Council's decision: Joe Domitrovic 3872 Courtice Road Courtice, ON L 1 E 2L5 609 PEBBLES TONE ROAO (ROAD ALLOWANCE BETWEEN CONCESSIONS J,1: 4) lc) '" ~ ~ ~ ~ "- \,0\ ~ "l: ~ ~ ~ ~ '" >, <:t: ~ S\o~ CSS CO~ , or .{S' PA.cMCN! "d'o<t':;iP' ~'O..... 0 (d- ~ . ,~' " ~ ~ ~<Jt Cfl).,fN =63.14' ~~":- ,o,ot~ Ne ANaEOF ,Of 1'F. COV J ... ! ~ ~ s: ~ . ....0,"'. ~ orsr-l 1-9 3,S' o ,~.,. '>-- ,0,'; ...0,,,,. -. ~ N o ,.., , $'.".. ~ ,,' ~v ,fit ,~ ,~ Cf>"'O FRAME BUILDING ~ ~o 2..... T~([~ ., ~" :~r. TREE~' OPEN o' ,~' o ~, 2.....m([~ 2!l.!l" .. ,q,"\.'-." CONe ,... ""Ll - ,;<'A>fl 16311' PEBBLESTONE Courtice Key Map Q o a:: ~ ...J ::l a:: ..... w u ~ ::l U hln ~ , ~ ,~. ~ ~, .'~ ..0.,'") [VII.c ~ o . " ,. ON'>r ...Io.PLE TR(( ~,' -::.i'!?" ,~ ~ ~ <I , ~, . ~ ,~. ~ ~ l'i '" " @ ~ ~' ,~ ~~ ~ 'f@ " io;~ . ~ ~ ~ ~ ATTACHMENT 1 - o ,~. ~ ~ @,~~ ,'" jg I 0 '~?:"I I ~~ I '~ .. - . ,~. - ~ I~ ~ - <$~ o ,.' . ,~. o .' ,q ~ t\; ." ,~ ~ ~ ~ ~ Q2 ~ " - - " ,~ ~ ~ t3 ~ ~ ~ C'\... ~ ;S ~ ~ ~ "{ ~ '- ... .. .. - ~ .':'1'0 - ~ .. - .. ZBA 2003-005 Zoning By-law Amendment .. Owner: Joseph Domitrovic - .. WI ATTACHMENT 2 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle .. - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2003-005 to permit the existing motor vehicle body shop; - - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended. is hereby further amended by changing the zone designation from: "Holding-Agricultural Exception ((H)A-66) Zone" to "Agricultural Exception (A-66) Zone". - - 2. Schedule "A" attached hereto shall form part of this By-law. - 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - - BY-LAW read a first time this day of 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 - - 6 1 1 - - This is Schedule "A" to By-law 2003- , passed this day of , 2003 A.D. ~ ~ 0 I"') <( I"") 0 0 0'> ~ <( z 0 N f'. W ~ 0 ~ - l- N U .-J (f) Ol I- (f) 0 <( -.J ~ Z W ::) 0 U 0 0 Z U w 0 ~ U '-" PEBBLESTONE ROAD 49.72 49.73 - - - - .. .. - - ~ ZONING CHANGE FROM n(H)A-66n TO "A-66n 0 10 20 30 40m P"""'--_ I John Mutton, Moyor 20m15 10 5 0 Patti L. Barrie, Municipal Clerk LOT 31 LOT 30 LOT 29 LOT 28 II PE88LESTONE ROAD 1'0 Z 0 ~ Vi (f) cr; W c..> W Z U 0 ~ ~ c..> :::l :::l cr; U I- Courtice 612 - - - - .. - J .. - .. - ClWillgtnn REPORT - PLANNING SERVICES - .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 16,2003 - Report #: PSD-069 -03 File #: By-law #: - Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 29, 2003 FILES: A2003/002, A2003/011, A2003/012, A2003/013 and A2003/014 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-069-03 be received; and - 2. THAT Council concurs with decisions of the Committee of Adjustment made on May 29, 2003 for applications A2003/002, A2003/011, A2003/012, A2003/013 and A2003/014 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. - - - Submitted by: Da . rome, MCIP, RP.P. Director of Planning Services Reviewed bY:O ~ ---v ~ Franklin Wu, Chief Administrative Officer .. - AR*DJC*sh June 3, 2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 613 .. REPORT NO.: PSD-069-03 PAGE 2 .. 1.0 APPLICATION DETAILS All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment NO.1. The decisions of the Committee are detailed below. ,.. .. ... DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 29, 2003 - Application Number Staff Recommendation Decision of Committee A2003/002 Approve Approved A2003/011 Approve Approved A2003/012 Table Tabled A2003/013 Table Tabled A2003/014 Table Tabled - .. 2.0 Application A2003/002 was for a minor variance to reduce the required setbacks between zones occurring on the same lot. Zoning By-law 84-63 requires that zone boundaries be treated as lot lines. The application was to reduce the interior side yard setback from 5 metres to 0 and to reduce the rear yard setback from 7.5 metres to zero. Although no new buildings were proposed, the proposed use (a salvage auto auction) was treated as a building and the setbacks would be applied to the storage of the vehicles. The application was for the area between zones only; the setbacks will continue to apply around the perimeter of the site. This application was tabled from the February 6, 2002 meeting to allow for the resolution of site plan issues. By the Committee's meeting date, the conditions of site plan approval had been agreed to and thus the application for minor variance was approved. - - ... ... - - .. 3.0 Application A2003/011 was for a minor variance to permit the construction of a single detached dwelling with a total lot coverage of 45% instead of the permitted maximum of 40%. This application had been tabled from the May 8, 2003 meeting to allow the applicant to appear before Committee. The applicant, who represented the builder, and the purchaser attended the May 29th meeting. The applicant explained that this dwelling had been designed to meet the needs of the client, who has limited mobility and faces accessibility challenges. Committee had concerns about whether a bungalow of this 614 .. ... .. .. - REPORT NO.: PSD-069-03 PAGE 3 - massing was compatible with the neighbourhood. In the end, Committee approved the - application with conditions that an addendum be made to the existing agreement of purchase and sale acknowledging the existence of the minor variance and that the same - be attached to any future sales agreements so that future buyers will be aware of Committee's decision. - 4.0 Applications A2003/012, A2003/013 and A2003/014 were submitted by the same - developer for reductions in exterior side yards. However, the selected models and sitings had not been reviewed by the control architect for conformity with the General Architectural - Design Guidelines for development in new subdivisions. Because the lots are all corner lots, the Guidelines require that the dwellings feature more prominent architectural - features. These may include wraparound porches, enhanced window treatments, or more detailed entry features. The applicant presented preliminary comments from the architect - at the meeting. Changes to models were suggested which will necessitate that new public notice be given under the requirements of the Planning Act. A neighbour was in - attendance at the meeting and voiced strong opposition to all of the requested reductions in exterior side yard. Staff recommended tabling the applications until the control architect ..- has approved the model and siting of each of the dwellings and until public notice for each of the revised applications is given under the requirements of the Planning Act. The - applications were tabled by Committee for up to three months to allow for this to occur. - 5.0 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 - 615 ATTACHMENT 1 - q~!if1gfDn .. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: TUNNEY PLANNING (KEVIN TUNNEY) 1151223 ONTARIO LIMITED 175 OSBOURNE RD." COURTICE PART LOT 26, CONCESSION BFC FORMER TOWN(SHIP) OF DARLINGTON A2003/002 .. .. PURPOSE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 5.0 METRES TO 0 METRES AND REDUCE THE REAR YARD SETBACK FROM 7.5 METRES TO 0 METRES TO ALLOW THE ZONE BOUNDARY REQUIREMENTS TO BE MET FOR A LOT WITH MULTIPLE ZONES. .. .. - ,.. DECISION OF COMMITTEE: THAT THE APPLICATION TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM ... 5.0 M TO 0 METRES AND THE REAR YARD SETBACK FROM 7.5 METRES TO 0 METRES BE APPROVED AS APPLIED FOR. .. - DATE OF DECISION: May 29, 2003 LAST DAY OF APPEAL: June 18, 2003 .. .. .. .. .. 616 .. .. - CI~.n - .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: CROSSLAND HOMES - OWNER: CROSSLAND HOMES PROPERTY LOCATION: 337 LONGWORTH AV." BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2003/011 - - PURPOSE: - TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A TOTAL LOT COVERAGE OF 45% INSTEAD OF THE PERMITTTED MAXIMUM OF 40%/ - DECISION OF COMMITTEE: - THAT DUE TO UNIQUE & SPECIAL CIRCUMSTANCES INHERENT IN LOT 46, 40M-2096, APPROVAL OF INCREASE LOT COVERAGE TO 45% IS GRANTED WITH CONDITION THAT AN ADDENDUM BE MADE TO EXISTING SALES AGREEMENT THAT ACKNOWLEDGES EXISTENCE OF MINOR VARIANCE & REQUIREMENT THAT ADDENDUM BE ATTACHED TO ANY & ALL FUTURE SALES AGREEMENTS OF PROPERTY. .. - - DATE OF DECISION: May 29,2003 - LAST DAY OF APPEAL: June 18, 2003 - - - 617 - .. CWilJgtnn ,.. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PENWEST DEVELOPMENT CORP. PENWEST DEVELOPMENT CORP. 39 SQUIRE FLETCHER DR." BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/012 ,.. .. PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.3 METRES INSTEAD OF THE REQUIRED 6.0 .. METRES. .. - .. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW FOR .. THE CONTROL ARCHITECT'S REVIEW AND APPROVAL AND TO ALLOW FOR NEW PUBLIC NOTICE. - .. DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18, 2003 - .. - .. .. 618 ,.. - - ~n - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PENWEST DEVELOPMENT CORP. PENWEST DEVELOPMENT CORP. 78 SQUIRE FLETCHER DR." BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/0 13 - .. PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 5.3 METRES INSTEAD OF THE REQUIRED 6.0 METRES. - - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW FOR THE CONTROL ARCHITECT'S REVIEW AND APPROVAL AND TO ALLOW FOR NEW PUBLIC NOTICE. - - DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18, 2003 - - - - _. 619 - - Cl~n - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PENWEST DEVELOPMENT CORP. PENWEST DEVELOPMENT CORP. 1 SQUIRE FLETCHER DR." BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/014 - - PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 5.3 METRES INSTEAD OF THE REQUIRED 6.0 - METRES. .." - - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW FOR .. THE CONTROL ARCHITECT'S REVIEW AND APPROVAL AND TO ALLOW FOR NEW PUBLIC NOTICE. - - DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18, 2003 ... .. . .. '... 620 ... - CI~mgtDn REPORT PLANNING SERVICES - - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday June 16, 2003 PSD-070-03 File #: DEV 80-003 (CLOSED) By-law #: RIDGE PINE PARK INC. WILMOT CREEK COMMUNITY PHASES 1 TO 5 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-070-03 be received; - 2. THAT the Mayor and Clerk be authorized on behalf of the Municipality to execute an Amending Agreement between Ridge Pine Park Inc. and the Municipality of Clarington which includes amongst other things a revised site plan drawing for Phases 1 to 5, and provisions addressing the unopened road allowance, between Darlington and Clarke Townships that connect the South Service Road to Cobbledick Road; - - 3. THAT the by-law attached to Report PSD-070-03 be approved by Council; and .. 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: D id . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~-:: U~ Franklin Wu, Chief Administrative Officer - - BR*L T*DJC*sn May 27, 2003 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 621 REPORT NO.: PSD-070-03 PAGE 2 1.0 BACKGROUND 1.1 As a result of the Development Charges appeal by Ridge Pine Park Inc. (Ridge Pine) several years ago, a number of issues were identified within the earlier phases of the development where Ridge Pine was not in compliance with the approved Development Agreement. Staff and Ridge Pine Park Inc., have been working towards the completion of an Amending Agreement to the November 2, 1981 Agreement between the Town of Newcastle and Ridge Pine Park Inc. that established the Wilmot Creek Community. 2.0 AMENDING AGREEMENT 2.1 The proposed Amending Agreement addresses five (5) main issues, in addition to the preparation of a revised site plan drawing that reflects the "as built" aspects of the Wilmot Creek Community - Phases 1 to 5, as follows: · Development charges · The unopened road allowance between Darlington and Clarke Townships · The Waterfront Trail · The Environmental protection areas along the lakeshore, and · Architectural control standards 2.1.1 Development Charaes The Amending Agreement references the new development charges arising from the Minutes of Settlement in the Decision and Order of the Ontario Municipal Board dated May 9, 2001 under Number 0732 (OMB No. DC99021). 2.1.2 Unopened Road Allowance The original agreement provided for only one access to the site over the bridge of the westerly side of the site. Two emergency accesses were also provided at the centre and east sides of the site. The central emergency access made us of the unopened road allowance between Darlington and Clarke Township. Over the years it has been used by the residents as an access route to Cobbledick Road via the South Service Road. Ridge Pine has requested, in writing through the Engineering Services Department, that this portion of the unopened road allowance be formally opened. Ridge Pine has agreed to reconstruct this portion of the road allowance to municipal 622 - ,.. .. .. ... - ... ,.. - ... ... .. .. .. .. .. .. .. .. - REPORT NO.: PSD-070-03 PAGE 3 - ... standards to the satisfaction of the Director of Engineering Services. The Amending Agreement contains provisions that address the treatment and maintenance of this portion of the road allowance. - - The Engineering Services Department will be reporting to Council pursuant to the requirement of the Municipal Act to formally open this portion of the road allowance. 2.1.3 Waterfront Trail - - The location of the Waterfront Trail in relation to the Wilmot Creek Community will be shown on the revised site plan that is to be incorporated in the Amending Agreement. Furthermore, a provision has been included in the Amending Agreement acknowledging that Ridge Pine Park Inc. agrees to include in all future transfers and/or leases, notice to the transferee and/or lessee that the Waterfront Trail, for the use of the general public, will be built and operated near the lands that are the subject of the transfer or lease and that the transferee or lessee will not object to the establishment and/or use of the trail. - - - 2.1.4 Environmental Protection Areas - - Through this Amending Agreement, staff has incorporated provisions which identify lands within the park that are environmentally sensitive. Currently two (2) tributaries that cut through the park in a north-south direction and run contiguous with the Lake Ontario Shoreline are not recognized in either the Official Plan or Zoning By-law (See Attachment 1). - - - These lands will be included in an Environmental Protection Zone category when the Municipality's Zoning By-law is updated. Ridge Pine Park Inc. has agreed, through the Amending Agreement, to prohibit all development (including accessory buildings and structures) from all portions of lands that will be zoned Environmental Protection. In addition, all development will be prohibited within five (5) metres of the Environmental Protection Zone. This requirement is consistent with the provisions of the Clarington Official Plan. - - - - 623 .. REPORT NO.: PSD-070-03 PAGE 4 .. 2.1.5 Architectural Control Standards ... The Amending Agreement incorporates architectural control standards that would be applicable to all vacant sites within Phases 1 to 5 or to any redevelopment of the occupied sites. The number of vacant sites in Phases 1 to 5 is fifty (50). The standards are consistent with the Architectural Control Guidelines that were approved by Council in May 2002. .. ,.. .. 2.2 A revised site plan drawing has been prepared incorporating changes that have been made over the years and addressing the second access. Ridge Pine also currently has a site plan application for a new storage area within the hydro right-of-way which staff will be dealing with shortly. .. ... 3.0 CONCLUSION 3.1 It is respectfully recommended that the Mayor and Clerk be authorized by by-law to execute an Amending Site Plan Agreement between Ridge Pine Park Inc. and the Municipality reflecting the comments contained in this report. .. .. .. Attachments: Attachment 1 - Environmental Protection Zoning for the Two Tributaries and Access to Wilmot Creek Community Attachment 2 - Authorizing By-law ,.. .. .. List of interested parties to be advised of Council's decision: .. David W. Rice Rice Development Company Limited 17 Dean Street BRAMPTON, Ontario L6W 1 M7 .. .. .. 624 ... - - - - - - .. cJ a: &J :: - i ~ :I: - - - - .. - - - ATTACHMENT 1 j l ~ Ii HE I'l j ! ! ~; I E h-Llp ~ t ,- ,.! f f dd!HsH ~ 1 2 ~ ~i , I i ~I~.. 1 ! <:> .. II; ... .... :t; .t' ~.~ ~~ 0::8 ID U ~I JI -004 .. 1IQ'" "'E-4G>j JO~ ~=: I ~-6 ~< ~G> E9 <:> .. ... ... ~ - IDS ~! iEt - 625 - ATT ACHMENT 2 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2003- .. being a by-law to authorize the entering into of an Amending Agreement to the November 2,1981 Agreement between the Town of Newcastle and Ridge Pine Park Inc. and any Mortgagee who has an interest in the said lands and the Municipality of Clarington in respect of the development of Phases 1 to 5 of the Wilmot Creek Community. .. .. - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to further amend the November 2, 1981 Agreement, as amended, for DEV 80-003; .. .. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: ,.. 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Amending Agreement between Ridge Pine Park Inc. and the Municipality respecting development of Phases 1 to 5 inclusive, within the Wilmot Creek Community and certain other matters. .. .. .. 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 .. .. 626 .. - - Cl!!fillgtDn REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16,2003 - Report #: PSD-071-03 File #: ZBA 2003-013 By-law #: - Subject: AMENDMENT TO THE COMPREHENSIVE ZONING BY -LAW 84-63 TO PERMIT BED AND BREAKFAST ESTABLISHMENTS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-071-03 be received; - 2. THAT the application by the Municipality of Clarington to amend the Comprehensive Zoning By-law 84-63, to permit Bed and Breakfast Establishments in the various zones within the Municipality of Clarington be APPROVED, as contained in Attachment 2; and - 3. THAT all interested parties listed in this file any delegation be advised of Council's decision. - - - Submitted by: Reviewed by: IO~.~~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer - CS/DJC/df 4 June 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 627 - REPORT NO.: PSD-071-03 PAGE 2 .. 1.0 BACKGROUND 1.1 On June 2, 2003 the General Purpose and Administration Committee held a Public Meeting under section 34 of the Planning Act for a proposed amendment to Zoning By-law 84-63. The proposed amendment would permit the bed and breakfast establishments in various zones in the municipality subject to the corresponding zone provisions. The additional zones and zone provisions are discussed in Section 4.0 of Report PSD-058-03. (See Attachment #1). .. .. .. .. 1.2 Committee referred the Report PSD-58-03 back to staff for further processing and a subsequent report. The purpose of this report is to forward the By-law to Committee for approval. .. .. 2.0 PUBLIC MEETING 2.1 At the Public Meeting, no one spoke in objection or in favour of the proposed zoning by-law amendment. .. - 2.2 Prior to the Public Meeting, Staff had one counter inquiry from a retired couple residing in the vicinity of Concession Road 7 and Langmaid Road in the former Township of Darlington. The residents were inquiring about establishing a bed and breakfast and were in support of the proposed by-law amendment. .. - .. j,.O RECOMMENDATIONS ~,.1 Given that no one spoke in favour or objection to the by-law, and all other issues have been dealt with in PSD-058-03, it is respectfully recommended that by-law to permit bed and breakfast establishments as shown on Attachment 2, be APPROVED. - .. .. .. Attachments: Attachment 1 - Staff Report PSD-058-03 Attachment 2 - By-law .. .. 628 .. - REPORT NO.: PSD-071-03 PAGE 3 - Interested parties to be notified of Council's decision: - - Wilhemena Van Boxtell 2294 Highway 2 Bowmanville, Ontario L 1 C 3K7 - Collen Konoby 97 Daisyfield Avenue Courtice, Ontario LIE 3B3 - - Pam and Scott Riley 30 Worthington Drive Courtice, Ontario LIE 3A5 - - - - - .. - .. - - - 629 - An ACHME~n 1 - (~WilJgfon REPORT PLANNING SERVICES PUBLIC MEETING .. - .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 2, 2003 ,.. Report #: PSD-058-03 File #: ZBA 2003-013 By-law #: - Subject: BED AND BREAKFAST ESTABLISHMENTS .. R.ECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-058-03 be received; 2 THAT the proposed amendment to By-law 84-63, as amended, to permit bed and breakfast establishment in various zones within the Municipality of Clarington, be referred back to staff for further processing and the preparation of a subsequent report; and. .. .. ~ . ...'. THAT all interested parties listed in this report and any other delegation be advised of Council's decision. - - - Submitted by: ! vid . Crome, M.C.I.P.,R.P.P, Director, Planning Services Reviewed by: k ranklin Wu )[1 ~hief Administrative Officer .. - CS/L T /DC/df 23 May 2003 - .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 h~n . - REPORT NO.: PSD-058-03 PAGE 2 - 1.0 BACKGROUND - - 1.1 On November 11,2002, Council directed staff to investigate bed and breakfast. establishments, and possibly amending the zoning by-law to permit them in various zones in the Municipality. Subsequently, on December 2, 2003 Staff forwarded a report to Council requesting authorization to proceed with a zoning by-law amendment, a sign by-law amendment and a licensing by-law to permit bed and breakfast establishments. (See Attachment #' 1 ) - - - 1.2 The purpose of this report is to: . satisfy the Public Meeting requirements under the Planning Act for public input on the proposed zoning by-law arTiendment; . discuss licensing bed and breakfasts establishments; and . present and discuss the draft amendment to the zoning by-law. - - 2.0 NOTICE OF PUBLIC MEETING - 2.1 Notice of the Public Meeting was placed in the Canadian Statesman, on May 14 and May 20, 2003. - 2.2 As of the writing of this report, Staff received one (1) telephone inquirj from an individual who wishes to establish a bed and breakfast in the hamlet of Maple - Grove. - - 2.3 A letter was received from Ms. Colleen Konoby, of Courtice. Ms. Konoby objects to the bed and breakfast establishments because they cannot be properly controlled or monitored. Guests may have questionable characters and may not demonstrate the same level of care for a community as area residents. They may litter, destroy property, use inappropriate language and/or behaviour and may endanger children. The increase in parked cars and additional traffic is also a concern, Motels and hotels can accommodate visitors, where they can be monitored by hotel security and police. See Attachment 2. - - - - - 631 REPORT NO.: PSD-058-03 PAGE 3 3.0 LICENSING 3.1 The new Ontario Municipal Act 2001 permits the licensing of many businesses at the Municipality's discretion. Licensing shall be done for one or more of the following reasons: . health and safety; . nuisance control; and . consumer protection. The Municipality is required to research each business it intends to license, tie the reason for licensing to health and safety, nuisance control and consumer protection, and then justify each license condition. In additiun, the Municipal Act requests a public meeting to allow the public to make representation prior to Council's adoption of a By-law. Furthermore, to establish a licensing fee, a background feasibility study must be prepared to identify costs and determine a defendable fee. 3.2 At the present time, a bed and breakfast establishment must meet the requirements of the Regional Health Department, Ontario Building Code and Fire Code. Municipal requirements such as zoning by-law, sign by-law and the noise by-law conformity also considered. The Clerk's Department will be preparing a new Licensing By-law, which will list all businesses that require a license and the associated conditions. The By-law will be enacted in accordance with the requirements specified in the new Ontario Municipal Act. As such, it is staffs opinion that a licensing by-law specifically for bed and breakfast establishments not be enacted through the rezoning procedure but be considered within the context of the Clerk's Licensing By-law review. 4.0 DRAFT ZONING BY-LAW AMENDMENT FOR BED AND BREAKFAST EST ABLlSHMENTS 4.1 Currently the Zoning By-law considers bed and breakfast establishments to be a home occupation. They are permitted in dwellings in Agricultural (A) and Agricultural Exceptions (A-1) zones. The definition limits the number of guest rooms to three (3), in an owner occupied dwelling and the proprietor mayor may t..7..,) - .. .. .... .. .... .. .... .. .. .. .. .. .. .. .. .. .. .. - REPORT NO.: PSD-058-03 PAGE 4 - - not provide meals. One parking space per guest room is required in addition to the two spaces required for the dwelling itself. - 4.2 Staff has prepared a draft by-law amendment which proposes the various zones in which bed and breakfast establishments can be permitted and the - corresponding provisions. The proposed by-law is contained in Attachment 3. - - 4.2.1 Summary of the Proposed By-law Under the proposed draft by-law bed and breakfasts establishments will be permitted, in addition to the currently permitted "Agricultural (A)" and "Agricultural Exception (A-1)" Zones, within the following: "General Commercial (C1)", "Residential Hamlet (RH)", "Residential Cluster (RC)", "Residential Shoreline (RS)", and "Urban Residential Type One (R1)", and "Urban Residential Type Two (R2)", inclusive of all exception zones. - - .. - The following provisions will apply: a) a maximum of three (3) guest rooms are permitted b) the bed and breakfast establishment shall remain clearly incidental and secondary to the single detached in which it is situated; c) the bed and breakfast shall not change the character of the dwelling nor create or become a public nuisance; d) the dwelling shall not be used simultaneously for any other home occupation; e) the dwelling shall be serviced by municipal water and sewerage system or a private well and private sanitary waste disposals system that complies with the regulations of the Ministry of Environment; f) a maximum of three (3) parking spaces are permitted; and g) a minimum 30% landscaped open space must be maintained in the front yard. - - - .. - - - 5.0 STAFF COMMENTS 5.1 The proposed by-law will permit bed and breakfast establishments in a number of zones. The various issues such as p~r~i't)9, appearance, maximum number of - R.EPORT NO.: PSD-058-03 PAGE 5 rooms, other permitted uses, and lot/house size will be addressed by the provisions of the proposed by-law amendment as well as the other governing regulations within each zone. Other issues such as spatial separation and owner occupation were discussed in the previous report. It's Staff's opinion that spatial separation between bed and breakfasts and hotels/motels is not an issue at the present time given the limited number of each. Staff do not anticipate a large concentration of bed and breakfasts establishment in close proximity to existing hotels/motels or other bed and breakfasts. With respect to owner/occupation the definition of Bed and Breakfast Establishments in the current Zoning By-law requires the establishment to bs owner occupied. This definition is not being amended. !i.2 Siqn The sign by-law permits one sign per property for a home occupation. The sign can be a ground or wall sign no greater than 0.55 square metres in size. The sign by-law defines a sign as being the words and logo. Staff are of the opinion that this remains appropriate for bed and breakfasts establishments and therefore are not recommending any amendments to the sign by-law. 5.3 Oak Ridqes Moraine Conservation Plan Staff is required to bring the Official Plan and Zoning By-iaw into conformity with the Oak Ridges Moraine Conservation Plan by the fall 2003. Through the conformity exercise, Staff will be examining the permitted uses within the Oak Ridges Moraine as a result of the Oak Ridges Moraine Conservation Plan. This will include those uses currently permitted within the Municipality's Zoning By-law "Agricultural (A)" and "Agricultural Exception (A-1)" zones. As a result, lands currently zoned "(A)" or "(A-1)" may lose the ability to establish a bed and breakfast establishment. However, those bed and breakfast establishments that currently exist, will still be permitted. Under the Oak Ridges Moraine Conservation Plan review, staff has scheduled two (2) Public Information Sessions for June 11 th and 12th, 2003. Staff will be reporting to Council on the amendments to the Clarington Official Plan, Zoning By-law that will be required to implement the Conservation Plan. 634 .. .. .. .. .. .. .. .. .. .. .. ... .. .. ... .. - ... ... .. REPORT NO.: PSD-058-03 PAGE 6 - 5.4 Concerns of Mrs. Konoby - Bed and Breakfast Establishments are traditionally used by the travelling public for temporary sleeping accommodations. A proprietor has the ability to refuse a - person from entering his/her home. The Zoning By-law cannot address the behaviour of anyone entering the home. - - The by-law requires parking to be accommodated on site while maintaining 30% landscaped open space on the front yard. A bed and breakfast establishment must demonstrate that this provision can be met. The increase of three (3) cars would have a minimal traffic impact in residential neighbourhoods. - - 6.0 RECOMMENDATIONS - 6.1 Bed and breakfast establishments are an accepted type of accommodation and are positive from a tourism perspective. .. .. 6.2 The purpose of this report is to satisfy the Public Meeting requirements in the Planning Act and receive any comments from the general public. Staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. - - .. Attachments: Attachment 1 - Staff Report (PSD-127-02) Attachment 2 - Letter from Colleen Konoby Attachment 3 - By-law - Interested parties to be notified of Council's decision: - Wilhemena Van Boxtell 2294 Highway 2 Bowmanville, ON L 1 C 3K7 - Colleen Konoby 97 Daisyfield Avenue Courtice, On L 1 E 3B3 - 635 - ATTACHMENT 1 TO PSD-058-0S- Cl~gilJgtnn - REPORT .. PLANNING SERVICES ... ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 2,2002 .. Report #: PSD-127-02 File #: By-law #: .. SubjElct: BED AND BREAKFAST ESTABLISHMENTS ... - RECOMMENDATiONS: It is rl3spectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. .. 1. THAT Report PSD-127 -02 be received; 2. THAT Staff be authorized to proceed with a zoning by-law amendment, sigll by-law amendment and licensing by-law; and ... 3, THAT all interested parties listed in this report and any delegations be advised of Council's decision. ... ... Submitted by: 0 Davi J. Crome. MCIP, R.P.P. Director of Planning Services Reviewed by: C ~ ~ C\..Jl,L Franklin Wu, Chief Administrative Officer ... .. SA*DJC*sh November 27, 2002 .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON .- 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 (.. 7.. {.., ... - - REPORT NO.: PSD-127-02 PAGE 2 - 1.0 BACKGROUND 1.1 At the November 11, 2002 Council Meeting, Staff were directed by Council resolution to - investigate Bed and Breakfast establishments and the possibility of amending the current Zoning By-law. This report will review a number of pertinent issues and - considerations relevant to Bed and Breakfast establishments and outline next steps. The comments are based on the research that staff has completed to date. Additional - considerations may be warranted as the matter is reviewed in more detail. - - 1.2 Bed and Breakfast establishments are an accepted manner of accommodation and have experienced a rising popularity in both rural and urban locations in recent decades. In some municipalities, it has become part of the tourism and economic development initiative. A number of inquiries from the public have been received in recent years regarding the establishment of bed and breakfast's in hamlets and urban - areas. - - 2.0 ZONING 2.1 Currently the Clarington Zoning By-law considers bed and breakfast establishments to - be a home occupation and permits them in dwellings in Agricultural zones only. The definition limits the number of guest rooms to three, in an owner occupied dwelling and .. the proprietor mayor may not provide meals as an accessory use. One parking space per guest room is required, in addition to the two spaces required for the dwelling itself. - - 2.2 The thrust of Council's request was to allow bed and breakfast establishments in urban and rural settlement areas. In preparing appropriate zoning for this use, a number of performance criteria need to be developed. The following provides an overview of some of the performance criteria used in other municipalities. - - - 2.2.1 Spatial Separation Some municipalities have restricted the location of bed and breakfast establishments in context of other bed and breakfast establishments or hotels, motels and inns. For 637 - .. .. REPORT NO.: PSD-127-02 PAGE 3 .. example the City of Oshawa does not allow a bed and breakfast establishment within 500 metres of another bed and breakfast establishment, and the City of Vanier, although has no limiting distance between bed and breakfast establishments, limits them to not less than 30 feet from a motel or hotels. Conversely, the City of Niagara Falls only allows bed and breakfast establishments in Tourist Commercial zones and in residential areas adjacent to River Road (a major arterial adjacent to the Niagara River with a significant number of hotels and motels). This allows a tourist/traveller a choice of accommodation within the same amenity area. - .. .. .. Presently, Clarington does not have a limiting distance for bed and breakfast establishments in rural areas and there have not been complaints from hotels/motels that there is a conflict between the two types of accommodation. Staff do not anticipate any problems from hotel operaturs a:ld do not foresee that there '.',fr"" .1rl 1;9 th~ :~n'1and that would lead to a concentration of bed and breakfast establishments in close proximity. .. .. .. .. In addition to residential zones, the "C1" and "C2" zones both permit existing residential uses. For example in Bowmanville, portions of King Street East and Church Street contain larger residential dwellings. These areas are a zone of transition between that which is commercial and that which is residential. A bed and breakfast establishment would be a natural fit in these neighbourhoods, providing proximity to shopping and restaurants, but offering the coziness desired by bed and breakfast guests. .. ... - ,.. 2.2.L Parkinq At this time, the Comprehensive Zoning By-law requires two (2) parking spaces for a . single detached dwelling. Where a bed and breakfast establishment is permitted, one additional parking space per guest room is required. As rural properties are typically larger than urban properties, the location of the parking spaces has not been a concern. In an urban area, two parking spaces per dwelling are also required. They may be provided in a garage or driveway and may be located in any yard . To accommodate ... .. .. 638 .. - - REPORT NO.: PSD-127-02 PAGE 4 - - bed and breakfast establishment parking, one additional parking space per guest room should still be required. However, to minimize impact on a residential neighbourhood and its streetscape,. consideration should be given to restricting parking in a front or exterior side yard. - - 2.2.3 Appearance Typically, in residential areas, there is a concern that a bed and breakfast establishment will appear as a commercial use, rather than blen::i in with an established neighbourhood. Provision may be made, as is currently done for home occupation uses, that a bed and breakfast cannot be established or operated in a manner that changes the external residential appearance of a dwelling unit, or generates adverse effects such as those from excessive traffic (by limiting the number of guest rooms), parking (as noted above), or noise. - - - - - 2.2.4 Maximum Number of Rooms A number of by-laws from various municipalities including Niagara Falls, Oshawa, Vaniei, Ottawa, and North York, were reviewed and all by-laws limit the number of guest rooms available to the public or the number of persons that may be accommodated. The Municipality of Clarington draft zoning by-law (released July 3, 2000 for review) is proposing a maximum of three guest rooms. Planning Staff are of the opinion that any more than three rooms may create a negative impact on a neighbourhood due to traffic and parking. - - - - 2.2.5 Other Uses Permitted Additional home occupation uses, such as a business or professional office, daycare or hairdressing, create an additional traffic load and parking space requirement. Particularly in residential area, this detracts from the established residential character of a neighbourhood. Typically the establishment of a multi-use building requires municipal review. Site plan approval and site specific rezoning may be more appropriate than allowing it as of right through a general text amendment to the zoning by-law. - - - - 639 .. REPORT NO.: PSD-127-02 PAGE 5 .. .. 2.2.6 Meals The provision of meals to guests, especially breakfast, is typically provided by a bed and breakfast establishment. The establishment of a dining room open to the public other than guests of the bed and breakfast, goes beyond the traditional definition of a bed and breakfast. Eating establishments require Health Unit approval, typically employ persons other than those residing within the dwelling, require additional parking and loading spaces, have longer hours of operation during which traffic is generated, and require municipal site plan approval. In areas where full municipal services are not available there are also concerns regarding well water quality and quantity and septic bed capacity. ... .. .. ... ... 2.2. i' Owner Occupied To consider the inclusion of bed and breakfast establishments in residential areas staff would recommend that bed and breakfast establishments continue to be operated as a home occupation. This means a bed and breakfast establishment shall also be the principle residence of the proprietor and staff is limited to family members residing in the home plus one additional staff person. By limiting the number of outside staff working in a bed and breakfast establishment, parking spaces are available for bed and breakfast estabHshment guests. .. .. ... .. ... 2.2.,9 Lot or House Size As the current Zoning By-law only permit~ bed and breakfast establishments in Agricultural zones, lot size has not been a conceq1 to date. If consideration is given to allowing bed and breakfast establishments in ufban areas, minimum lot area and frontage should be addressed. The Municipal Zoning By-law does provide for landscaped open space, generally 40% to 45% of a property. Landscaped open space does not include parking areas, driveways, or any area covered by building or structure. By regulating minimum lot area the Municipality has a secondary mechanism to ensure the appearance of a bed and breakfast property has a minimal impact upon a neighbourhood. .. .. .. .. .. 640 .. - - REPORT NO.: PSD-127-02 PAGE 6 .. - In rural areas, a minimum lot area requirement of 4000 m2 (1 ac) is required for all new lots. In consultation with the Regional Health Department, Municipal Staff can investigate if this is also appropriate for the establishment of new bed and breakfast uses in existing dwellings on existing lots. - - 3.0 SITE PLAN - 3.1 Within the Municipality of Clarington, site plan approval is not required for residential buildings containing less than three (3) cwelling units (By-law 90-130). As bed and breakfast establishments are a home occupation within a single detached dwelling, site plan control would not apply. .. - Bed and breakfast establishments are considered a home occupation as by their nature they may be assimilated into residential neighbourhoods with minimal impact. The Municipality's current zoning and sign by-law provisions regulate parking, appearance, scale and signage for bed and breakfast e~tablishments. Cash-in-Iieu of parkland and development charges are not applicable for established residential uses and thus site plan approval will not achieve anything further for the Municipality. - - - - 4.0 SIGNS The Sign By-law permits one sign per property for a home occupation use. The sign can be either a ground or wall sign, no greater than 0.55 metres in area. The Clarington Sign By-law defines a sign as being the words and logo. The total display area may be 150% larger resulting in the total permitted sign size in 0.825 m2 or 9 W. Staff are of the opinion this remains appropriate for bed and breakfast establishments in urban and rural settlement areas. - - - - The sign by-law has three heritage resource areas where sign appearance is regulated to protect significant architectural features on a building and to prohibit signs which detract from the heritage nature of a surrounding area. Staff would recommend that if bed and breakfast establishments are permitted in urban and hamlet areas that - - 641 .. REPORT NO.: PSD-127-02 PAGE 7 .. .. Schedule 1 - Heritage Resource Areas be amended in increase the size of the heritage resource areas to include heritage areas, such as the old Bowmanville neighbourhood. Additionally, all buildings identified or designated as heritage dwellings should follow the same regulations for signs as per the heritage resource areas. .. .. As urban areas and hamlets are all lit with municipal street lights, lit signs should not be permitted for bed and breakfast establishments in residential areas. .. .. 5.0 INSPECTIONS AND LICENSING Under the Municipal Act, 2001, the Municipality may require licenses where issues of health and safety, nuisance control and consumer protection are apparent. As a place of accommodation for visitors, the Municipality may wish to ensure that accommodations meet basic safety requirements. As part of this licencing requirement, inspections may be required or certificates of approval from outside agencies and departments. For example, a tire inspection and approvals from E:-nergency Services should be required, Health Department approval for both septic and food preparation may be appropriate. Planning Services Department would provide comments on parking and signage, prior to permitting a bed and breakfast business operation. By requiring a bed and breakfast establishment to obtain a municipal license, the Clerks Department could ensure approvals have been received from all agencies and provide a list to Emergency Services Department for fire fighting and emergency purposes. Appropriate fees for a licence would be determined on the basis of staff time requirements. .. .. .. .. .. .. .. Staff will investigate licencing requirements concurrent with the preparation of a by-law .. amendment. ... 6.0 6.1 RECOMMENDATION Bed and breakfast establishments are viewed by many as a positive incentive for tourism in an area. They can also be viewed negatively by neighbours concerned about nuisance impacts. A recent case in the City of Oshawa led to considerable controversy ... III 642 .. - - REPORT NO.: PSD-127-02 PAGE 8 - - and an Ontario Municipal Board Hearing. Nevertheless. Staff view the initiative as a positive step tor the tourism industry in Clarington. - 6.2 It is recommended that Staff be authorized to proceed with a zoning by-law amendment and sign by-law amendment and consider the merits of a licensing by-law to permit the establishment of bed and breakfast establishments in urban and hamlet areas in Clarington. The Sign By-law Amendment would be incorporated into other amendments to the Sign By-law as a low priority item. - - - - - - - - - ... - - - - 643 ATTACHMENT 2 TO PSD-058-0:f' .. Colleen Konobv 97 Daisevfield Ave.. Courtice. ON Ll E 383 Phone: (905) 436-9642 Fax: (905)436-9642 .. May 10, 2003 '03MAY15 Pt"1 1 :09:13 ... Clerks Department 2nd Floor, 40 Temperance Street, Bowmanvi!!e, Ontario L 1 C 3A6 PJ...ANf,lINb- fu-c No.', ZBA ?003-0(3 liT)) ~ (t'".1W!T\ \ it\ ll,,'T1l\) \ , . t' . ( \! :,,\ ! ' .l \ '. .. I \ ! I : '. . \.. ,. .. ... To Whom It May Concern: .. I wish to submit my written representation in opposition to the proposed Zoning By-law Amendment that would permit Bed and Breakfast establishments. I don't believe that there can be proper control and/or monitoring of such establishments. I for one do not want such an establishment on my street or anywhere near where I live. You can never be sure of the type and character of a person who would use such an establishment, whether they were a criminal or not. Such a person who would be "here today and gone tomorrow" would not have the same care for a community that one would have that lives here. Such people may be out for their own pleasure with no respect for another's property, such as noise, litter, property destruction, use of inappropriate language and/or behavior, and could possibly even endanger our children. ... ... .. .. On our street an added three cars to homes with Bed and Breakfast's would make our already crowded street even more crowed with more cars parking on the street and an added increase to traffic flow. The increase to traffic flow would further endanger the children that play in the street, and add to the traffic noise that already exits. .. .. There are already hotels and motels to accommodate visi.tors tQ.Olil~ ~l:1Rlnefl:V'...\ tha~ ~n be m.ore eas!ly monitor~d by hotel se.curity and police..:Therefqr.,j .q.m I V definitely aga!nst haVing these kinds of establishments. ...;~~ BY &- f,~i llR!~;NA!. T . .~-d~ _._..~--~-'. ES 1 ot , ---..-.... -- -- ._--"', ... ., Sincerely, COli;;;V: od;r ;..".'--- I , . 1 I _.._.._J......._ .---- ~ I ~ --;- -....-.-: ~..,...-__~r- ......-,-- ... .......".-............-. .. .--01 \ ..---~ .-.~ .. -1"---'-'--' .. -. --.-..---'" ; 644 .. - ATTACHMENT 3 TO PSD-058-03 - DRAFT - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-_ - being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle - WHEREAS, the Council of the Corporation of the Municipality of Claringlon deems it advisable to amend By-law 84-63, as amended of the former Town of Newcastle to regulate Bed and Breakfast Establishments; .. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - - 1. "Section 2 Definitions" is hereby amended by adding to the definition of Home Occupation the following words immediately following "Agricultural Exception (A-1) Zone": "General Commercial (C1)", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", and "Urban Residential Type One (R1)" and "Urban Residential TWe Two (R2)" Zones inclusive of all exception zones. - 2. "Section 3 General Provisions" is hereby amended by adding a new Section 3.3 and subsequently renumbering all following sections accordingly. - "Section 3.3 BED AND BREAKFAST ESTABLISHMENTS A Bed and Breakfast Establishment shall be permitted within a single detached dwelling located in the" Agricultural (A)", "Agricultural Exception (A-1)", "General Commercial (C 1)", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" subject to meeting the following provisions: - a) A maximum of three (3) guest rooms are permi:t8d; - b) The bed and breakfast es:ablishment shall remain clearly, incidental and secondary to the single detached dwelling in which it is si:uated; c) The Bed and Breakfast establisllment shall not change the character of the dwelling nor create or become a public nuisance due to traffic, noise and hours of operation; .. d) The dwelling shall not be used simultaneously for any other home occupation; - e) The dwelling shall be fully serviced with municipal water and sewerage system or well and private sanitary waste disposal system that comply with the regulations of the Ministry of Environment; and f) A minimum 30% landscaped open space must be maintained in the front yard." - 3. This by-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 34 of the Planning Act. - 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 - 645 Patti L Bame, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003-_ being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended of the former Town of Newcastle to regulate Bed and Breakfast Establishments; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. "Section 2 Definitions" is hereby amended by adding to the definition of Home Occupation the following words immediately following "Agricultural Exception (A-1) Zone": "General Commercial (C1 )", "Residential Hamlet (RH)", "Rural Cluster (RC)", "Residential Shoreline (RS)", and "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" Zones inclusive of all exception zones. 2, "Section 3 General Provisions" is hereby amended by adding a new Section 3.3 and subsequently renumbering all following sections accordingly. "Section 3.3 BED AND BREAKFAST ESTABLISHMENTS A Bed and Breakfast Establishment shall be permitted within a single detached dwelling located in the "Agricultural (A)", "Agricultural Exception (A-1)", "General Commercial (C1)", "Residential Hamlet (RH)", "Rura: Cluster (RC)", "Residential Shoreline (RS)", "Urban Residential Type One (R1)" and "Urban Residential Type Two (R2)" subject to meeting the following provisions: a) A maximum of three (3) guest rooms are permitted; b) The bed and breakfast establishment shall remain clearly, incidental and secondary to the single detached dwelling in which it is situated; c) The Bed and Breakfast establishment shall notGhange the character of the dwelling nor create or become a public nuisance due to traffic, noise and hours of operation; d) The dwelling shall not be used simultaneously for any other home occupation; e) The dwelling shall be fully serviced with municipal water and sewerage system or well and private sanitary waste disposal system that comply with the regulations of the Ministry of Environment; and f) A minimum 30% landscaped open space must be maintained in the front yard." 3. This by-law shall come into effect on the date of the passing thereof, subject to the provisions of Section 34 of the Planning Act. 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 646 ATTACHMENT 2 .. ... .. ,.. ,.. ,.. .. .. .. .. .. .. .. .. .. .. .. IlIIil .. - CI![-!lJgtnn REPORT - - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 16,2003 - Report #: PSD-072 -03 - Subject: File #: ZBA 2003/022 (X-ref: SPA 2003-001) APPLICATION FOR REMOVAL OF HOLDING APPLICANT: ANOOP SARAF, 1529593 ONTARIO LIMITED PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE 72 CONCESSION STREET EAST, BOWMANVILLE By-law #: - - RECOMMENDATIONS: . It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-072-03 be received; - 2. THAT the request for the removal of the "Holding (H)" symbol for the lands shown on Attachment 1 be APPROVED and that the by-law contained in Attachment 2 be enacted and forwarded to the Region of Durham; and, - 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - - Submitted by: D vid l . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: G ~ ~ ~ Franklin Wu, MCIP, R.P.P. Chief Administrative Officer - - - AR*CP*DJC*sh June 4, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 - 647 .. REPORT NO.: PSD-072-03 PAGE 2 1.0 APPLlCA liON DETAILS .. 1.1 Applicant: Anoop Saraf, 1529593 Ontario Limited .. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding - General Commercial ((H) C1) Zone". .. 1.3 Location: Part Lot 9, Concession 2, former Town of Bowmanville. 72 Concession Street East, Bowmanville - 2.0 BACKGROUND - 2.1 Staff received a request from Anoop Saraf of 1529593 Ontario Limited for the removal of the "Holding (H)" symbol from the referenced lands to permit the development of a commercial plaza. The "Holding (H)" symbol must be removed prior to the issuance of building permits. Attachment 1 shows the location of the lands for which the holding symbol will be removed. .. .. .. 2.2 The removal of the Holding (H) symbol would implement the proposed commercial plaza on the subject lands submitted as part of a site plan application (SPA 2003-001). ... .. 3.0 STAFF COMMENTS 3.1 The subject property is currently zoned "Holding - General Commercial ((H) C1) Zone". The provisions of the Zoning By-law allow for the removal of the "Holding (H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By-law. .. .. .. 3.2 The applicant has applied for site plan approval for the development of the commercial plaza. The application has required some revisions to address conditions put forward by Staff. Specifically, Staff had requested that the developer acquire two small abutting parcels which are also zoned (H)C1 to develop the vacant lands at the north-west corner of Mearns Avenue and Concession Street comprehensively. After some difficulty in finding the owners of the parcels and agreeing on a price, as there were considerable ... .. IIIIIlI - 648 .. - REPORT NO.: PSD-072-03 PAGE 3 - - tax arrears on the properties, the developer has successfully acquired the lands. As a result of the addition of these lands, the proposed configuration of the buildings has undergone some revision. However, Staff is of the opinion that a site plan agreement will be entered into through the summer and that a building permit will be requested during Council recess, following the issuance of site plan approval. Removal of the "Holding (H)" symbol is necessary to permit issuance of the building permit. - - - 3.3 The site plan agreement with the applicant will be registered on title. This agreement will address all of the Municipality's conditions, financial and otherwise. - - 3.4 A by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly shall be deemed final and binding should Council grant approval of same. - 4.0 RECOMMENDATIONS - 4.1 In consideration of the comments noted above, it is recommended that the Zoning By- law in Attachment 1 be approved for the removal of the "Holding (H)" symbol, to allow - for the issuance of a building permit at such time as site plan approval has been awarded. - - Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" Symbol Interested parties to be notified of Council and Committee's decision: - - Anoop Saraf 1529593 Ontario Limited 8 Magistrale Court Richmond Hill, Ontario L4C OH3 Milan Shah Mirage Steel Limited 23 Automatic Road Brampton, Ontario L6S 4K6 - - - - 649 ---J \,,---J ~ TUCKER JD Ul ~ ;CANiL ~ :RES,] ~ ~ <( HERRIMAIJl. ~ S1 ~ J ~ 1RUDEA~ 00 CRES} ORR DRIVE RESIDENTIAL R3 --~ \ ~ ). ~ RESIDENTIAL R3 W1t',JI'<tO"t LOT 9 , CONCESSION 2 o I......, lo.-.DlHC1liIIlU -'!'~O.: _ _ _- _ _-:-- :: .~-"::. , ELECT. , -, , '-OoU"'1 i ____..l PROPOSED 1 STOREY RETAIL/COMMERCIAL BUILDING 1139.0 SQ. m .. ill !""fJ !i1 ,J l~ _.J U.U... !-,<') RESID~NTIAL i R3 -:1 It".." 1:1 "." . .\. . - . - . '--=c.: -- 0 CDol;'U__ ! __1__ ,." ~ / 1 : - - - - I-;'~'~ 0 !I~ I: I I i ..L- I .~1 t, :.*- . ! ..l-. ' ~.i-= 607.0 sq. m CONCESSION STREET tt-~. , ; ~I c-'-- -L-~. _ =- ---l---. '10 _, 1:0<_ / : _~l i I i / rl-t- It-t- I \.'1~ . .// 1/\. !I " r EAST (!) @ ArTACHMENT 1 - .. " ,5 - - - - Ii ,i' .. - - - .. - - - .. ZBA 2003-022 Zoning By-law Amendment .. .. Owner: Anoop/Milan 1529593 Ontario Limited 650 .. .. - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington. .. - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with applications ZBA 2003-022 and SPA 2003-001 to permit the development of a commercial plaza. - - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: - "Holding - General Commercial ((H) C1) Zone" to "General Commercial (C1) Zone", as shown on the attached Schedule "A" hereto. - 2. Schedule "A" attached hereto shall form part of this By-Law. - 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S,O, 1990. - - By-Law read a first time this 2003 day of 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 -. 651 - ATTACHMENT 2 .. This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. , - - LOT 9 , CONCESSION 2 1'1 i I ,1 .. .. - 0WlCE . I cOO!! ) I - .. - COHCES810N STfleET EAtT J - EIillJ ZONING CHANGE FROM "(H)C1" TO "C1" - - - CI![#]gtDn REPORT PLANNING SERVICES .. - - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16, 2003 ...............~. Report #: PSD-073-03 File #: ZBA 2003-021 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ASPEN HEIGHTS II LTD. - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-03 be received; - 2. THAT the application submitted by Aspen Heights II Ltd. to remove the Holding (H) symbol be APPROVED; - 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: - " Reviewed bYU ~.~~ U. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer - - EC*DJC*sn June 4, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 653 - RIEPORT NO.: PSD-073-03 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 Applicant: Aspen Heights II Ltd. (Kelvin Whalen) .. .. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Exception ((H) R4-10)" and "Holding-Urban Residential Exception ((H) R4-17)" . .. - 1.3 Location: North side of Aspen Springs Drive, Bowmanville. Part 1-4 inclusive, Plan 40R-21548 on Part Lot 16, Concession 1, former Township of Darlington (Attachment 1) .. ,.. 2.0 BACKGROUND 2.1 On May 26th, 2003, Staff received an application from Aspen Heights II Ltd. (Kelvin Whalen) for the removal of the "Holding (H)" provision from the site of their proposed condominium complex. This project comprises 5 condominium apartment buildings containing a total of 180 units. Attachment 1 shows the location of the site. ,.. .. ,.. .. 2.2 The site, as well as Aspen Heights I on the south side of Aspen Springs Drive, were zoned "Residential Exception ((H) R4-17)" in May of 1997. .. ~:.o STAFF COMMENTS ~i.1 Aspen Springs Drive is now properly serviced with municipal services and the developer is in the final stages of approval of the site plan agreement. ,.. .. ... ~f.O RECOMMENDATIONS ~;.1 In considerations of the comments noted above approval of the removal of the "Holding (H) symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. .. .. .. 654 .. - REPORT NO.: PSD-073-03 PAGE 3 .. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) - Interested parties to be notified of Council's decision: - Kelvin Whalen Aspen Heights II Ltd. 1029 McNicoll Avenue Scarborough, ON M1 W 3W6 - - - - - .. - - - - .. - - - 655 - ATTACHMENT 1 ... ~ i!! ./ /" A~ ./ ~ e..\ ~-.( ,,~~...,<>, ./ " "l' \ ./ ..... ~y \ ./....\.~ .,.' O~ .., I ././ ~~Q<:J ,.<,<.<~ ./l~ ~~Q ./ C,~ ./ ~~ ..",. ./ ~e.1~~ I ~~." .' ~~' p:r[NC( e :it 0.2 S .tt . ~ SOl Cb' . ~G ~ .. ~ . !' - .. .. , \ '" N.. ~&':l -'-0 0:, o " -<:l "1'", .. :' "\ \. ?t>'" <;>,>!o .. -<:l (' "'1- .. Z <I.. -'", O-~ g c. ~ ". q;, B ... PLAf PART 2, .. >- 0: <I 0.. .. z a: e PART I, PLAN 40R.17562 T-- SIll BLOCK 69 to.3m RESERV[) II PART I PLAN 40R.r7845 ~t SUBJECT 10 (.ASOolENT -:::::\. AS IN L 1833619 ~ - BU<~r..RvI,O ~ .. ~ - .. ZBA 2003-021 Zoning By-law Amendment - .. Owner: Kelvin Whalen Aspen Springs II Ltd. .. .. h16 .. - ATTACHMENT 2 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2002-037; - - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: - "Holding-Urban Residential Exception ((H)R4-10)" and "Holding-Urban Residential Exception ((H) R4-17)" to "Urban Residential Exception (R4-10)" and "Urban Residential Exception (R4-17)". - 2, Schedule "A" attached hereto shall form part of this By-law. - 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - BY-LAW read a first time this day of 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 - - 657 This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. LOT 16 , CONCESSION 1 -t'~~ #" . o~ ...... / / .\Q'"' ~.,.,,, / ~'V /1- ~~~Q /./ G~G ,,'" ~'" ",... . / ""~ ;;::;1 .' ~..... tL f1Q.;.t~' /... )_~'l~' I-- ;;~ - 0 ~~ . . PAii'lI- -- PLAN' 1.,,",..;,IJ _ ZONING CHANGE FROM "(H)R4-1 0" TO "R4-1 0" []ill] ZONING CHANGE FROM "(H)R4-17" TO "R4-17" John Mutton. Moyor Potti l. Barrie, Municipol Clerk ~ / .Y / " --------.......:........... ...-"'.."'....-.. ............ ~ ~ 0: ~ 0: <.:> ...t> <f1''' #'~ ,r-Q ,.," ~.# ~. TREWIN ~ 5 ]~ lANE ~ lAWRE~GATt ~ ! ~ hC:;A - , .. - .. - - - .. .. .. - .. - - - ; = ~ . .. .. .. .. - - Q!!!il1glOn REPORT PLANNING SERVICES - - - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16,2003 Report #: PSD-074-03 File #: ZBA 2001-020 By-law #: - Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ST. STEPHEN'S ESTATES INC. - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee _ recommend to Council the following: 1. THAT Report PSD-074-03 be received; ,.. 2. THAT the request for removal of Part Lot Control with respect to Block 84 on 40M-2048 be APPROVED; - 3. THAT the attached Part Lot Control By-law be APPROVED; and - 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: Reviewed bCJ~---::::~ avi . Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer - - .. - EC*DJC*lw June 6,2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - - 659 REPORT NO.: PSD-074-03 PAGE 2 - 1.0 APPLICATION .. 1.1 Applicant: St. Stephen's Estates Inc. - 12 Location: Part Lot 8, Concession 2, former Town of Bowmanville (Attachment 1) - - 2.0 BACKGROUND -4; 2:1 On September 17, 2001, Planning Staff received a request from Legends Consulting on behalf of St. Stephen's Estates Inc. for the removal of Part Lot Control in respect to Lots 66, 67, 68, 69, 72, 73, 74, and 75, and Block 84, on 40M-2048. Part Lot Control was lifted on the Lots; however, due to concerns from Engineering Services and Central Lake Ontario Conservation, Block 84 was not included in that Part Lot Control by-law. - .. .. .. 2.2 Plan of Subdivision 40M-2048 was approved permitting seventy (70) single detached dwellings, for eight (8) lots for sixteen (16) semi-detached dwelling units and one (01) block for three (3) single detached dwelling units. The removal of Part Lot Control at this time would facilitate the construction of three single detached dwelling units on Block 84. The process will enable Block 84 to be divided. The block is in a registered plan of subdivision; therefore, there is an existing agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. - - .. - 3.0 STAFF COMMENTS .. 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (see Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. The Holding (H) provision will remain in place until slope stability work is completed as required by the Engineering Services Department and Central Lake Ontario Conservation. - .. .. - 660 .. .. .. - - - - - REPORT NO.: PSD-074-03 PAGE 3 4.0 RECOMMENDATIONS 4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending June 23, 2006. Attachments: Attachment 1 - Key Map - 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: St. Stephen's Estates Inc. 115 Woodstream Blvd. Unit 13 Woodbridge, ON L4L 8K5 John Perdue Legends Consulting 4891 Dundas Street West Suite 3 Etobicoke, ON M9A 1 B2 661 ATTACHMENT 1 .. 75 co ? ~ 66 Block 82 .. .. 79 78 77 76 en -4 ::a m m -4 65 .. .. SPRUCEWOOD .. 17 - ~ 12131415 16 ~ 18 ~ - ~ Block 19 .. 84 20 - 21 60 .. 22 59 .. 23 58 .. ,..... .. - ZBA 2001..Q20 Part Lot Control .. .. Block 84, Plan 40M-2048 .. Owner: St Stephen's Estates Inc. .. 662 .. - - - - - .. 1. - 2, - 3. .. - .. - - .. - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003- being a By-law to exempt a certain portion of Registered Plan 40M-2048 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 84, of 40M-2048. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 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) Block 84 of 40M-2048 Pursuant to Subsection 7,3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years, ending June 23,2006. 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 663 ATTACHMENT 2 ATTACHMENT ~ .... .. PART-LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table .. Registered Plan # : 40M-2048 File #" ZBA 2001-020 ... APPROVED Result of Part-Lot Control Exemption on Unit Type & Number Lots/Blocks Affected Unit Type & Number Block 84 - 40M-2048 Sinale Detached - 3 No increase in units - .. .... ... ... .... ... .. ... ... .. ... . - 664 .. - - (~![-!llgton REPORT PLANNING SERVICES "- - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 16,2003 - Report #: PSD-075-03 File #: PLN 26.10 By-law #: - Subject: Environmental Assessment for the Used Fuel Dry Storage Facility Proposed on the Darlington Nuclear Generation Station Lands _ Revised Environmental Assessment Study Report and Draft Screening Report - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-075-03 be received; 2. THAT Report PSD-075-03 be approved as the comments of the Municipality of Clarington on the documents entitled "Darlington Used Fuel Dry Storage Project- Environmental Assessment Study Report" dated March 2003 and "Draft Screening Report on Environmental Assessment of the Proposed Darlington Used Fuel Dry Storage Project", dated May 2003; - - 3. THAT a copy of Report PSD-075-03 be forwarded to the Canadian Nuclear Safety Commission (CNSC) and Ontario Power Generation; - 4. THAT all interested parties listed in this report and any delegations be advised of Councils decision. - - - - 665 REPORT NO.: PSD-075-03 PAGE 2 - - - Submitted by: ~~~ DaV'id J. rome, M.C.1.P. R.P.P. Director, Planning Services d..... I 0 () <:;. 0s-> Reviewed by: ~~ ; '-\.. Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer - - HB/CP/DJC/df June 11, 2003 - - - .. .. .. - .. .. - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 .. .. 666 ,. .. REPORT NO.: PSD-075-03 PAGE 3 - 1.0 BACKGROUND 1.1 Ontario Power Generation (OPG) has proposed to construct and operate a used dry fuel storage facility at the Darlington Nuclear Generating Plant. The facility will provide an area to process the dry storage containers and an area to store the containers. The dry storage containers are filled with used fuel bundles that have been removed from the water-filled irradiated fuel bays. Prior to licensing this facility by the nuclear regulatory agency, successful completion of an Environmental Assessment in accordance with Section 20 of the Canadian Environmental Assessment Act is required. - - - - - 1 .2 Staff have previously reported to Council on the preparation of the Environmental Assessment Guidelines establishing the EA study parameters (PSD-027 -02) and on the submission of the draft Environmental Assessment Study Report (PSD- 012-03). In March 2003, the Municipality was advised that the review process had been altered and that the EA Study Report would be available for review during the public consultation stage for the draft Screening Report. With this notification, the CNSC provided OPG's disposition of Clarington's comments on the draft Study Report and requested that the Municipality endorse the EA Study Report. Many items in this disposition referred to a document entitled Appendix 'E' of Volume 2 of the Study Report. At the time of the release of OPG's disposition, this document was not available. - - - - - - ... 1.3 On March 19th, 2003 staff advised the CNSC by letter that OPG's disposition of the Municipality's comments had been reviewed and that there remain some areas where additional information or clarification had not yet been provided. It was also clearly stated that until the Municipality has opportunity to review the content of Appendix E of Volume 2 of the EA Study Report, the Municipality will not endorse the final EA Study Report. .. - 1.4 On May 2, 2003, the Municipality received a copy of the revised EA Study Report - (dated March 2003) from CNCS with a request to review the document and advise - -- 667 REPORT NO.: PSD-075-03 PAGE 4 - if there were any serious concerns about the manner in which the Municipality's concerns were addressed. A copy of this substantial sized document was forwarded to the Municipality's consultant, IER, and on May 16, 2003, comments from IER on the revised Study Report were forwarded to Clarington. Four days later, on May 20, 2003, CNSC forwarded the draft Screening Report to Clarington. The Municipality did not have any opportunity to forward any concerns with respect to the revised Study Report to CNSC prior to receiving the draft Screening Report. - - - - - 1.5 Staff are reporting to Council on the following: (1) The revised Environmental Assessment Study Report prepared by OPG; - (2) The draft Screening Report prepared by the CNSC. - The public commenting period for the draft Screening Report ends on June 30, 2003. The CNSC will review all submissions prior to finalizing the Screening Report. The final Screening Report will then be presented at a CNSC hearing for a decision to be made on the construction and operation of the facility in accordance with the Canadian Environmental Assessment Act. .. ... .. 1.6 A copy of IER's findings with respect to the revised EA Study Report and the draft Screening Report are contained in Attachments 1 and 2. - 2.0 THE REVISED EA STUDY REPORT 2.1 The revised EA Study Report included the document entitled Appendix E of Volume 2. Appendix E was reviewed and found to provide much of the information requested during review of the disposition documents. The following issues will need to be addressed. - - ... · The document does not provide a traceable explanation of why the preferred site was chosen. .. .. .. 668 .. - REPORT NO.: PSD-075-03 PAGE 5 - - - - - - ~ 3.0 - 3.1 - - - - -- -- - - - - . Appendix D of Volume 2 of the revised EA Study Report does not provide OPG's response to all comments raised by IER during review of the disposition documents. A lack of response makes it difficult to trace how these comments were addressed. OPG should address all comments raised by IER. . The potential social economic impacts resulting from the operation of this facility is important to monitor. The Municipality should be consulted and provide an active role in the preparation of any monitoring program. Attitude and field surveys should be undertaken prior to constructing each new section of the facility. Information regarding the increasing presence of nuclear facilities and nuclear waste facilities within Clarington and the Region of Durham should be gathered through the use of attitude surveys. The survey should be conducted within the local area and beyond extending throughout the regional study area. The Municipality has also designated prestige employment lands in proximity to the site. The future storage of nuclear waste may impact the ability to market these lands and adversely impact the tax base of the Municipality. DRAFT SCREENING REPORT The draft Screening Report summarizes the revised EA Study Report. For this reason, a general overview of the findings of the revised EA Study Report will not be provided. The draft Screening Report states that the results of the environmental assessment identified there to be no significant residual adverse environmental effects from the construction and operation of this proposed facility. Furthermore, it is unlikely that any measurable cumulative effects will occur when this facility is considered in combination with other projects and activities. The overall results of the environmental assessment confirm that the chosen location (site B) is the preferred site. 3.2 A preliminary decommissioning plan is provided in the draft Screening Report. It is anticipated that all fuel will have been removed from the buildings and stored in accordance with the nuclear waste disposal strategy to be developed by the federal government before the facility is decommissioned. Decommissioning of the buildings will involve complete radiological surveys to confirm that there is no radiological contamination. If contamination exists, decontamination will be 669 REPORT NO.: PSD-075-03 PAGE 6 - undertaken. OPG radiation protection procedures will be maintained to prevent loose contamination on persons, packages or containers leaving the site. Environmental monitoring of the site and surrounding area will continue while the fuel is being removed and the site is being decommissioned. - - - 3.3 The CNSC licensing and compliance program will be the mechanism for initiating the final design and implementation of the follow-up and monitoring program, and ensuring reporting of the program occurs. As this will be detailed in a different licensing procedure, the draft Screening Report briefly addresses monitoring and a follow-up program. The preliminary elements of the follow-up and monitoring program include a program to monitor public attitudes and the effectiveness of mitigation. It is proposed that the program will run the year prior to commissioning of the first storage building and one year after the first storage building has been operational. A survey of Waterfront Trail users and users of the adjacent sports fields will be conducted during this time frame. - - - ~ - 3.4 The draft Screening Report has covered the major points necessary to make a decision on the construction and operation of the proposed Darlington used dry fuel storage facility. The following information was not addressed and the Screening Report should be revised to include this information: - .. .... · The Municipality's. comments on the revised EA Study Report should be considered and addressed in the Screening Report. .. · The draft Screening Report does not provide information on the design and long-term integrity of the dry storage containers. The Municipality has expressed concern with respect to the integrity of the dry storage containers since the start of this process. As an expressed concern of a host community, this should be addressed in the Screening Report. - - · The EA Study Report discussed safety and environmental programs. This was not included in the draft Screening Report. As this provides information on the methods used by OPG to ensure visitor and employee safety and how risk to the environment is reduced, this is an important topic for the residents of Clarington and needs to be included in the Screening Report. .. - - 670 - - REPORT NO.: PSD-075-03 PAGE .7 - 4.0 CONCLUSION 4.1 The draft Screening Report concludes that the construction and operation of this facility will not result in any significant residual adverse environmental impacts. The Screening Report is the last stage in the federal environmental assessment process. The final Screening Report will be presented to a CNSC Hearing. - - - 4.2 It is recommended that Council adopt this report and the comments of IER and submit them to the CNSC before June 30th, 2003 as the Municipality's comments on the revised EA Study Report and the draft Screening Report. - - 4.3 A key principal of the EA process is to ensure a completely transparent and traceable process where one can review the EA and clearly follow the decision making path. With respect to the selection of the preferred location, this EA did not provide a clearly transparent decision-making process. To ensure the integrity of the EA, this should be rectified. It is important to note that although traceability was not present, the final outcome would not change and Site 'B' would remain the preferred site. - - - - 4.4 The Municipality as the host community should have a more active role in cooperation with CNSC in the preparation of the follow-up and monitoring program. The attitude and survey program described within the draft Screening Report should be expanded and conducted within the regional study area and should be carried out for one year prior to and after the construction of each phase of the facility. - - - - 4.5 CNSC needs to improve the process for future environmental assessments. The release of the revised EA Study Report just prior to issuance of the draft Screening Report was unanticipated. Opportunity should be provided to stakeholders to review the revised EA Study Report and provide comments prior to the release of the draft Screening Report, otherwise there is no opportunity for stakeholders comments to be addressed in the draft Screening Report. - .... - 671 - REPORT NO.: PSD-075-03 PAGE 8 - It is also recommended that in order to ensure municipalities have an adequate time to review the documents and report to their Councils, the public commenting period be extended beyond the 30 day commenting period to a minimum of 60 days. It is impossible for the Municipality to provide comments to the CNSC within 30 days and very difficult to complete this task within 45 days. Extension of the commenting period will allow staff and consultants the time necessary to review these extensive reports, prepare comments and report to Council. - - - - ... Attachments: Attachment 1 - IER's Darlington Dry Used Fuel Storage Facility-Environmental Assessment Study Report date May 13, 2003 Attachment 2 - IER's Draft Screening Report-Darlington Used Fuel Dry Storage Facility dated May 23, 2003 ... - - - - .. - tift .. .. III - 672 .. - REPORT NO.: PSD-075-03 PAGE .9 - Interested parties to be advised of Council's decision: - Mr. Kurt Johansen, M.Eng., P. Eng. Project Manager - Environmental Assessment Nuclear Waste Management Division Ontario Power Generation 700 University Avenue Office H 16-E 14 Toronto, ON M5G 1X6 - - - Mr. Don Howard Licensing Project Officer Waste and Decommissioning Division Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046, Station B Ottawa, ON K1 P 5S9 - - - Mr. Guy Riverin EA Specialist Processing Facilities and Technical Support Division Canadian Nuclear Safety Commission P.O. Box 1046, Station B Ottawa, ON K1 P 5S9 ., ... Mr. Jim Micak IER - Planning, Research and Management Services 7501 Keele Street Suite 300 Concord, ON L4K 1Y2 ., - Sierra Club of Canada Suite 412 1 Nicolas Street Ottawa, ON K1 N 7B7 - ... """ - - 673 - ATTACHMENT 1 - Planning, Research and Managelnent Services - 7501 Keele Street Suite 300, Concord, Ontario L4K 1Y2 Telephone: (905) 660-1060 Fax: (905) 660-7812 e-mail: ier@inforamp,net -- ... May 13, 2003 r" \f':'/CC,-."'..-...---,..,,' !, ' ! 1.~ .'J~:Jr' IT Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Ms. Heather Brooks, MCIP, RPP Planner - Community Planning Branch ~ j - , ; t)'~' J i :,-'AL!Ty m ,,'c.,,;;; L", ;\i1f\1G UEP;.\Hil-; - "_k._..~.j -- Dear Ms. Brooks, Re: Darlim!ton Dry Used Fuel Stora2.e Facility - Environmental Assessment Study Report - Thank you for forwarding a copy of the Revised Environmental Study Report. You have asked us to identify any outstanding concerns relative to the revisions to the Draft EA Study Report which were based, in part, on the Peer Review performed by IER/SCIMUS on behalf of the Municipality of Clarington. Our comments are as follows: ". . 1. Volume 2 of Revised Environmental Assessment Study Report, Appendix D "Technical Review of Darlington Used Fuel Dry Storage Project Draft Environmental Assessment Study Report" '. On March 2 I, 2003 IER provided Ms. Heather Brooks of the Municipality of Clarington with an electronic version of our comments on all Draft Responses by OPG to the Municipality of Clarington and IER/SCIMUS/NSE technical review of the Draft EA Study Report. Appendix D of Volume 2 of the Revised EASR does not provide OPG's response to IER's comments, therefore, it is difficult to trace how our comments were addressed. For example, referring to IER- I 53 in Appendix D, IER disagreed with the OPG response and explained that bobolink would be more appropriate than Carolina Wren as a VEC. Similarly, with respect to IER-284, IER reiterated that the EAGLE project be reviewed as a source of information about contamination in the Great Lakes environment and the effects on Aboriginal People's health. It would be beneficial to know OPG's final position on these matters and several other comments submitted to Clarington with respect to OPG's responses to the IER Technical Review. .. - .... ..... IER recommends that Appendix D include OPG's disposition regarding IER's comments on OPG responses to the technical review. .", IIIli - 674 .. - - - 2. - - - .. .. .. - - .. - - .. - - - - - 2 - Volume 2 of Revised EASR, Appendix E.1 "Summary of Site Selection Process" Appendix E.l provides a traceable evaluation of the eight Opportunity Locations using a four-level impact potential rating scheme. The evaluation could be improved, however, by revising Figure EI-2 to show all eight of the locations (we could only find seven) and to distinguish the locations as per the numbering scheme in Table E.l-l. It is evident from Table E.l-l why Site B was considered to be the preferable project location at the outset of the EA and why Sites A, C and D were considered to be good alternative locations that could be acceptable, depending on future circumstances and further study. We do question, however, why Opportunity Location 4 (Candidate C) did not have a higher impact potential for terrestrial ecology given the number of concerns raised in the review of the Terrestrial TSD (See IER-133, 135,137,139,146,156, and 160 and associated "Draft Responses" and "IER Comments" provided in our March 21, 2003 submission to the Municipality of Clarington). It is not clear why a weighting system similar to that shown in Table E.l-1 was not used during the final selection of project location. Chapter 4 of Appendix E.l still does not provide a traceable explanation of why Site B was the preferred location after completing the EA process. For example, referring to IER-151 in Appendix D, Table 4.8-1 from the Terrestrial TSD would suggest that Site A is better than Site B but the response indicates that the selection of Site B was based on a number of factors, not just terrestrial environment. It would be beneficial to include a chart similar to Table E.I-l that would provide a summary of the evaluation using a rating scheme. 3. Follow-Up and Monitoring Program Again referring to IER's March 21, 2003 submission to Clarington, IER stresses the importance of follow-up and monitoring with respect to potential social impacts resulting from the continued operation of the DUFDS facility (reference: IER-221). IER recommends that attitude and field surveys be undertaken when each new section of the DUFDS facility is commissioned. Furthermore, IER recommends that the survey questionnaire be revised to canvas attitudes about the increasing presence of nuclear waste and facilities in Clarington and other nuclear facilities in the Region of Durham. For this reason, perhaps the attitude surveys should be extended to the Regional Study Area to determine Regional attitudes about the increase in nuclear related facilities in Durham. This could lead to a residual social impact and mitigation could be necessary. Furthermore, this residual social impact when combined with potential social impacts from other existing or future nuclear projects could cause a cumulative social effect which also may require mitigation. While the Revised EASR states that".... the project offers little potential for the attribution of stigma", this could change in time. 675 - - 3 - - IER strongly recommends that the Municipality of Clarington take a proactive role in the process for developing the final scope of the follow-up and monitoring program as reflected in Section 11.2.3 of the Revised EASR. This will ensure a structured approach towards surveying and will enable Clarington to be involved at an early stage in any Community Agreements that could arise from emerging social impacts. -- - Please contact me if you have any questions or concerns about our review. - Yours truly, -- ~ . ~d\~ - David Matchett, P. Eng. Manager, Environmental Services - DM:jc -- ... - .... .. - .. . . - 676 - ATTACHMENT 2 Planning, Research and Management Services - 7501 Keele Street, Suite 300, Concord, Ontario L4K 1 Y2 Telephone: (905) 660-1060 Fax: (905) 660-7812 e-mail: ier@inforarn .net ]1)) ~cc.CJErr\\lJr~lTn I J~lld-.~~ I I MAY 2 6 7nn3 I May 23,2003 i [~1UN!CIPF.Li i Y LJr C~HRI.I,Gil]N i PLMf.,lir'J{; :2EPARri'NJ:i:J - - Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Ms. Heather Brooks, MCIP, RPP Planner - Community Planning Branch - - Dear Ms. Brooks, Re: Draft Screenifil! Report - Darlinl!ton Used Fuel Dry Storaee Facility - - Further to our telephone conversation of Tuesday, May 20, 2003, we have reviewed the Draft Screening Report which we received from the CNSC on May 20, 2003 and our comments are as follows. - The Draft Screening Report provides an adequate summary of the Environmental Assessment Study Report (EASR). Based on our initial review we noted that several pieces of information were left out as the several hundred page EASR was distilled down to 70 pages. As a minimum, the following information should be included in the Screening Report to produce a more complete document: - 1. We received the Draft Screening Report and Request for Public Comment by courier on May 20, 2003. The Revised Environmental Assessment Study Report on which the Screening Report was based, was delivered to Clarington on May 2, 2003 with a covering letter asking Clarington to advise CNSC ifthere were any serious concerns about the manner in which Clarington's concerns were handled. You, in turn, couriered the Revised EASR to IER (received May 6) and asked that we conduct a review and provide comments to you by May 16,2003. We sent our comments to you by courier and I understand you received them on May 16. - - - - Clearly, CNSC did not wait for Clarington's comments on the Draft EA Study Report and our concerns regarding the Draft EASR should be carried over to the Draft Screening Report. A copy of our letter of May 15, 2003 is attached as our comments apply equally to the Draft Screening Report. - - 677 - ... - - 2 - 2. In Section 7.2 "Description of the Components of the Project", there is no reference to information on the design and long-term integrity of the Dry Storage Containers as set out in Appendix E.2 of Volume 2 of the EASR and referenced in Section 2.4.1 (p. 2-5) of Volume I of the EASR. This is an important issue because it was brought up by Clarington during the dispositioning of public comments on the Draft EA Guidelines and OPG was advised to address it. . - .. - 3. There is no discussion in the Draft Screening Report on Safety and Environmental Programs as discussed in Section 2.7 of Volume 1 of the EASR. It may be that the CNSC is not so concerned with these at this stage since they should be more closely scrutinized during the licensing process. - - Generally CNSC staff captured the major points for a go/no go decision and left the stage open to deal with some of the more detailed issues at a future time in the process. We recommend that Clarington should convey a strong desire to CNSC to be directly involved in any future activities including follow-up and monitoring. - Please contact me if you have any questions or concerns abollt our review of the Draft Screening Report. - - Yours truly, ''1, lU.*~ .. - David Matchett, M. Eng., P. Eng. Manager, Environmental Services .. DM:jc - .. .. >III .. ... 678 - - - Cl!J!;lQgfOn REPORT PLANNING SERVICES - .- - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16,2003 Report #: PSD-076-03 File #: ZBA 2002-010 x-ref: SPA 2002-009 By-law #: - Subject: REZONING AND SITE PLAN APPLICATIONS APPLICANT: IMPERIAL OIL LIMITED PART LOT 34, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON, 1451 & 1455 HIGHWAY 2, COURTICE - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. - 2. - 3. .. THAT Report PSD-076-03 be received; THAT the rezoning application submitted by Evans Planning on behalf of Imperial Oil Limited to permit the redevelopment of a gas station with a convenience store and car wash be APPROVED; THAT the attached By-law contained in Attachment 2 be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: D vid . Crome, M.C.\.P.,R.P.P. Director, Planning Services Reviewed bye) ~-~ Franklin Wu, M.C.\.P., R.P.P. Chief Administrative Officer - RH/CP/DC/df - 9 June 2003 _ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 - 679 - REPORT NO.: PSD-076-03 PAGE 2 - 1.0 APPLICATION DETAILS 1.1 Applicant: Imperial Oil Limited - 1.2 Agent: Evans Planning - 1.3 Rezoning: To rezone the subject lands from "Service Station Commercial (C7) Zone" and "Special Purpose Commercial (C5) Zone" to permit the . - redevelopment of the gas station, adding a 174 m2 convenience store and car wash. - 1.4 Site Area: 0.37 hectares (0.91 acres) - - 2.0 LOCATION 2.1 The property under consideration includes 1451 and 1455 Highway 2, which is located at the southeast corner of Highway 2 and Darlington Boulevard in Courtice (see Attachment 1). The property at 1455 Highway 2, the easterly portion of the site, was purchased to accommodate the larger proposal. The applicant's land holdings total 0.37 hectares (0.91 acres). The property is located within Part Lot 34, Concession 2, in the former Township of Darlington. ... - .,.. - 3.0 BACKGROUND 3.1 On March 4, 2002, Evans Planning, on behalf of Imperial Oil Limited, submitted rezoning and site plan approval applications to the Municipality of Clarington. The redevelopment proposal consists of a gas station, a 174 m2 convenience store, and car wash. ... - - 3.2 A Public Meeting was held for the proposal on May 6, 2002 at which no one spoke in favour of or in opposition to the proposal. - .. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The developed portion of the property contains a small kiosk with gas pumps .. - 680 - - REPORT NO.: PSD-076-03 PAGE 3 - covered by a canopy. These lands generally drain towards Highway 2. The additional lands to the east currently drain to the south and east. Grading and drainage between the two properties would be integrated through redevelopment. - - 4.2 Surrounding Uses: East: North: West: South: Commercial uses Medical clinic and seniors' residence Commercial uses Urban residential and vacant lands - - - 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Regional Official Plan designates the property "Sub-Central Area". Community, office, service and shopping, recreational, and residential uses are permitted within this designation. The proposed amendment is in conformity with the Durham Regional Official Plan. - - - 5.2 The Clarington Official Plan designates the property as "Mixed Use" within the Courtice Sub-Central Area Secondary Plan. This land use designation permits mixed use buildings with commercial and residential uses, office buildings, medium and high density residential uses, and community facilities. Although the existing gas station is not contemplated within the current land use designation, Section 10.10 of the Clarington Official Plan permits service stations within any urban land use designation provided that: a) no more than 2 automobile service stations will be permitted at any intersection; b) the display of confectionary items does not exceed 10 square metres of floor space in designated Residential Areas; c) locations shall not create vehicular congestion or endanger pedestrian movement; and, - .... - - - - - - 681 - REPORT NO.: PSD-076-03 PAGE 4 - d) access points to each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever possible. - ... 5.3 The proposal conforms to the Official Plan by fulfilling the policies in the following manner. a) Presently, Imperial Oil is the only operating service station at this intersection. With the Courtice Medical Clinic and Waltzing Weasel restaurant occupying two corners of the intersection, there is a possibility for only one more service station at the northwest corner of the intersection. b) Since the subject lands are not located within a residentially designated area, limiting the display of confectionary items is not applicable. The proposed convenience store is in keeping with the commercial nature of this section of Highway 2. c) The proposal will not cause congestion because the increased site area provides more internal area for better traffic circulation. By consolidating two properties, the number of access points to the overall site will be reduced from four to two. Fewer and more defined entrance points onto Highway 2 will improve access management and assist pedestrian movement. d) The development will not adversely affect traffic in the area. Highway 2 can accommodate the traffic generated by the development. An internal access laneway with adjacent lands is not feasible in this location. - - - - ... - .. .... .. .... 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial (C7) Zone" and "Special Purpose Commercial (C5) Zone". In order to permit the redevelopment, a rezoning application was submitted for consideration. - .. 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department has no objections to the proposal as long as proper fire protection and access routes are provided. .. .. .. 682 - .. REPORT NO.: PSD-076-03 PAGE 5 - - 7.2 Clarington Engineering Services have no objections to this application provided that the following conditions are fulfilled through the related site plan application. . The entrance on Darlington Boulevard must not encroach into the sight triangle. . A new section of sidewalk must be constructed to connect the two existing sections of sidewalk presently fronting the subject lands. . The applicant must provide all necessary site servicing, lot grading and drainage, and stormwater management plans for review. . All necessary securities for entrance works, sidewalk reconstruction, and landscaping must be provided. All entrance works within the Darlington Boulevard road allowance must be constructed to municipal standards. . A 2% cash-in-Iieu of parkland contribution will be required from the applicant. .. - - - - - - 7.3 Durham Region Public Works Department has no objections to the development provided that the following requirements are fulfilled through site plan approval. . Municipal servicing is available to the subject lands through a 300 mm watermain on Darlington Boulevard and an existing 375 mm sanitary trunk sewer on Baseline Road. With the inclusion of the car wash, backflow prevention is necessary to protect the domestic water supply. An inspection manhole is required for the sanitary service. . Highway 2 is designated a Type "B" arterial road. Sufficient road widenings are required to provide a minimum of 15.0 metres from the road centreline to achieve the necessary minimum 30.0 metre width. . A 15.0 metre by 10.0 metre sight triangle is required at the southeast corner of Highway 2 and Darlington Boulevard. . Only right-in and right-out access will be permitted on the access to Highway 2. . A raised centre island median extending across the property's entire - - - - - - - - 683 - REPORT NO.: PSD-076-03 PAGE 6 - Highway 2 frontage will be required. The applicant must pay a proportionate share towards construction of this median. - - 7.5 Central Lake Ontario Conservation has no objections to the rezoning application. Further information on stormwater management, site grading and drainage, servicing, and water quality treatment will be required prior to site plan approval. - - 8.0 COMMENTS 8.1 The preconsultation process has resulted in increased landscaping around the perimeter of the property, the elimination of one access onto Highway 2, and enhancement of architectural features of the building. The applicant has located the car wash near Highway 2 on the east side of the proposal so as not to impact the residence at 1 Darlington Boulevard south of the property. - - - 8.2 A lighting study was prepared for the development and reviewed by Staff. Although some areas indicate minimum light levels at the property boundaries, other areas have relatively high light concentrations, particularly at the entrances. Through the site plan approval process, Staff will ensure that light originating from this site does not adversely impact surrounding residential properties and traffic operations on Highway 2. - - .... - 8.3 A noise study was prepared for the development and reviewed by Staff. The study examined noise from all sources of the operation, including the stacking aisle and car wash, and its impact on surrounding residences. The study concluded that the proposal would not adversely impact surrounding residential properties provided that the following recommendations are implemented. - - .. · Although the car wash has been located to maximize the exhaust locations from residential receptors, car wash equipment should be equipped with the manufacturer's silencer packages to provide a minimum noise reduction of 15 dBA. .. - 684 .. .. - REPORT NO.: PSD-076-03 PAGE 7 - · Garbage pick-up should be limited to weekdays between 7 am and 7 pm. Staff will require that these recommendations are fulfilled through site plan approval. - - 8.4 Under responsibilities delegated to the Municipality for remediation of contaminated sites, uses such as gas stations where there is a possibility of underground contamination trigger the requirement for a Phase 1 site assessment. If the Phase 1 assessment determines that the site may be contaminated, a Phase 2 assessment is completed to determine the type and location of contamination. This work is required prior to issuance of zoning approvals. Since the principle of the use at 1451 Highway 2 is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or pre-construction phase. This permits the station to remain operational until the redevelopment phase is initiated. - - - - - - The Fuels Safety Division of the Technical Standards and Safety Authority governs the remediation of gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the environment both on the property and beyond the property boundary, and site restoration. The protocol includes surface and subsurface chemical remediation criteria for potable and non-potable groundwater environments. - - - - The applicant has requested that site remediation issue be addressed as a condition of site plan approval. Information provided by the applicant indicates that the City of Toronto requires redeveloping gas station sites to address on-site contamination issues prior to the issuance of a building permit. A review of these reports indicates that this principle can also be applied in this instance. - - - A Phase 1 site assessment was prepared for the lands purchased by Imperial Oil Limited at 1455 Highway 2. The report found evidence of some petroleum stained gravel at the southwest corner of the building, potential of lead paint - 685 - REPORT NO.: PSD-076-03 PAGE 8 - having been used on the building walls, and the potential of floor tile containing asbestos. Based on this analysis, the report recommended that a Phase 2 environmental site assessment be completed and that stained gravel and related soils be removed. - - - Through the site plan approval process, Staff will ensure that the following requirements are fulfilled prior to the issuance of a building permit. - · The applicant must provide satisfactory information to Staff that anyon-site contamination is within acceptable limits as defined by the "Environmental - Management Protocol for Operating Fuel Handling Facilities - GA 1/99, October 2001" as prepared by the Fuels Safety Division of the Technical - Standards and Safety Authority. · If the site investigation determines that any petroleum products have travelled beyond the property boundary, all petroleum product contamination beyond the property boundary that has been caused by the applicant's operations must be removed by the applicant to the appropriate standard at its expense. - - - · The Phase 2 site assessment should determine the amount of soil and other contaminant materials that need to removed from 1455 Highway 2. · Staff will require that a Record of Site Condition be prepared and submitted to the Ministry of Environment and the Municipality of Clarington. - - 8.5 Redevelopment of the subject lands will also trigger construction of the centre median on Highway 2 from Darlington Boulevard east towards the eastern extent of the Courtice Medical Centre and Whitecliffe Terrace Senior's Building. All existing entrances onto Highway 2 within the affected area will be limited to right- in/right-out status. The applicant will be required to contribute towards the cost of the centre median construction. - .. .. 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. In .. ... 686 .. .. - REPORT NO.: PSD-076-03 PAGE 9 .. consideration of the comments contained in this report, Staff respectfully recommend that the rezoning application for this development proposal, as contained in Attachment 1, be APPROVED and that the By-law contained in Attachment 2 be passed by Council. "- - - Attachments: Attachment 1 - Key Map and Site Plan Attachment 2 - Proposed Zoning By-law - Interested parties to be notified of Council's decision: - Murray Evans Evans Planning - 28 Ellery Drive Richmond Hill, Ontario L4C 8Z6 - - Terry Addington Imperial Oil Limited P.O. Box 56613 8601 Warden Avenue Markham, Ontario L3R OM6 - - - John Wilson 1421 Highway 2 Courtice, Ontario L 1 E 2J6 - - - - - 687 - ATTACHMENT 1 - ... ... STREET (HWY # 2) - --.-- ?"/~ -~ --~-- - - .607 0 ~ 3~O - z ~ (.? z :J Q:' d - .~. - - - . 'r--~s 'i ,- /~- . a ...ANOS':,&p[ -;-" ':--i 25 62 ~....:::::::" ~~~.s-,.20~ _'-__~ N o o !: - . J5'" - - Courtice Key Map .. ZBA 2002-010 , SPA 2002-009 Zoning By-law and Site Plan Application - Imperial Oil Limited .. - 688 - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington .- - WHEREAS. the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2002-010 to permit the redevelopment of an existing motor vehicle fuel bar, and to permit a convenience store and a car wash; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Section 22.4 "SPECIAL EXCEPTIONS SERVICE STATION COMMERCIAL (C7) ZONE" is hereby amended by introducing a new Subsection 22.4,5 as follows: - - "22.4.5 SERVICE STATION COMMERCIAL EXCEPTION (C7-5) ZONE Notwithstanding Section 22,1, those lands zoned C7 -5 on the Schedules to this By- law shall be subject to the following zone regulations: a) Permitted Uses i) Motor vehicle fuel bar ii) Convenience store iii) Car wash Regulations i) Interior side yard (minimum) 2,0 metres" - b) - 2, Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: - "Service Station Commercial (C7) Zone" to "Service Station Commercial Exception (C7-5) Zone" - "Special Purpose Commercial (C5) Zone" to "Service Station Commercial Exception (C7-5) Zone" as shown on the attached Schedule "A" hereto. - 3. Schedule "A" attached hereto shall form part of this By-law. - 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act, R.S,O. 1990. AITACHMENT 2 - This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. , - - ~ - - - z :2 <.:J ~ i cJ C3 - .~ - - - E2ill Zoning Change From "C7" To "C7-5" _ Zoning Change From "C5" To "C7-5" - - John Mutton, Mayor Patti L. Berrie, Municipal Clerk - ~ II II I I 1M ~ ~ ~ - ~ i ~ - .. ~ :::. &1 ~ .. I III Courtice - .. - - Cl!J!-wgton REPORT PLANNING SERVICES - - - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16,2003 Report #: PSD-077-03 File #: ROPA 2001-010 By-law #: ,- Subject: DURHAM REGION OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: LOBLAW PROPERTIES LIMITED NORTHEAST CORNER OF TAUNTON ROAD AND HARMONY ROAD, CITY OF OSHAWA - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-077-03 be received; .. 2. THAT the Region of Durham Planning Department and the City of Oshawa be advised that the Municipality of Clarington requests that the application by Loblaws Properties Limited not be approved until the consultant for the Region of Durham Planning Department undertakes additional work to ensure that the proposal does not negatively impact the planned function and timing of the Courtice Main Central Area; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: o Reviewed bO ~ --.C, Q,"k Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer - - D vi J. rome, M.C.I.P.,R.P.P. Direc ,Planning Services - RH/CP/DC/df 9 June 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 691 - REPORT NO.: PSD-077-03 PAGE 2 - 1.0 BACKGROUND 1.1 First Professional Management Inc. received approval in 2000 for a power centre at the northeast corner of Taunton Road and Harmony Road in the City of Oshawa. This 58 acre site was approved to accommodate approximately 579,000 fe of retail personal service, and special purpose commercial f1oorspace. The development includes a 55,000 fe supermarket, a 156,000 if Wal-Mart, a 123,000 if Home Depot, a 78,500 fe CinePlex Odeon cinema, and . 166,500 ft2 of other retail and personal service f1oorspace. Although the majority of the site has developed, the cinema and food store are not constructed. - - - - - 1.2 Prior to the approval of this power centre, Pricewaterhouse Cooper LLP (PWC) prepared a peer review of the Climans Group Retail Market Impact Study for the Municipality of Clarington, which among other things, examined the impact of the power centre development in Courtice. Although the report indicated that there would not be a critical impact on the existing Courtice commercial structure and that the Courtice Main Central Area would be able to attract 158,500 if of retail f100rspace by 2021, it will: · I ncrease the length of time necessary to reach certain target levels for development implementation; · Limit the timing for recapture of expenditure outflows; and, · Reduce the inflow that future space would capture from outside of Courtice. Staff remain concerned that additional retail proposals immediately outside of - Clarington are delaying the implementation of the planned function of the Courtice Main Central Area. - - - - ... - - 1.3 In 2001, Loblaw Properties Limited submitted an application to amend the policies of the Durham Regional Official Plan (ROPA 2001-010) to increase the retail f100rspace allocation in the Community Central Area from 215,000 if to 296,000 ft2. The proposal would increase the amount of supermarket f100rspace from 55,000 1f to 141,000 ft2. Of the total f1oorspace, 75,000 ft2 is traditional - .. .. ..." 692 .. - REPORT NO.: PSD-077-03 PAGE 3 - supermarket space, 42,200 ft2 is "plus" department store merchandise, and 23,800 ft2 is mezzanine space. The proposed Loblaws would be located at the southeast corner of the site adjacent to Taunton Road, in the former ,location of the Cineplex Odeon cinema. ,. - - 1.4 PWC prepared a retail market impact study on behalf of the Durham Region Planning Department to determine the impacts of the proposed store on supermarkets and competing retailers within the trade area. - - 2.0 COMMENTS 2.1 In reviewing the study, Staff focussed on the supermarket impact component of the study. A letter was forwarded to the Region of Durham Planning Department requesting clarification on a number of technical issues. In addition, clarification was requested on some larger issues including market share support from Clarington residents, potential of additional competing supermarkets in the trade area, and impact on the Courtice Main Central Area. - - - - 2.2 PWC prepared an addendum in response to our letter for our review, which adequately addressed all concerns with the exception of impact on the Courtice Main Central Area. The initial report did not include the Courtice Main Central Area as a designated commercial area in its analysis, nor did it recognize the 270,000 ft2 of designated retail commercial f100rspace under the Clarington Official Plan. Staff believe that a supermarket would be required to anchor a commercial shopping centre at this location. Neither the impact study nor the addendum prepared by PWC assigned any supermarket f100rspace to this location. Although PWC has allowed for 50,000 ft2 of additional supermarket f100rspace within the trade area, this would be absorbed by the Valiant Property Management proposal at the northeast corner of Green Road and Highway 2 in the Bowmanville West Main Central Area. - - - - - - - 693 - REPORT NO.: PSD-077 -03 PAGE 4 - 2.3 Staff are concerned that approval of increases in retail f100rspace in areas west of Clarington consistently delay the implementation of the Courtice Main Central Area. The emergence of the Taunton/Harmony power centre with a large format Loblaws will only serve to strengthen this node even more and increase the amount of retail outflow from Courtice to Oshawa. In preparing the retail market impact study for new commercial development in West Bowmanville, the retail market impact study must examine the impacts on the planned function and timing of the Courtice Main Central Area. Staff have requested the Region of Durham Planning Department to further address this issue prior to the approval of the proposed official plan amendment. ... - - - .. - 3.0 CONCLUSIONS 3.1 In consideration of these comments, the Municipality of Clarington hereby requests that the approval of this amendment to the Durham Regional Official Plan not proceed until the impact of the proposal on the planned function and timing of the Courtice Main Central Area has been addressed to the Municipality's satisfaction. .. - .. Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan ... .. Interested parties to be notified of Council's decision: - Alex Georgieff Durham Region Planning Department Lang Tower, West Bldg., 4th Floor, Whitby Mall 1615 Dundas Street East Whitby, ON L 1 N 6A3 - .. City of Oshawa Planning Department 50 Centre Street South Oshawa, ON L 1 H 3Z7 .. .. - 694 - '~~.::;:d.; '; ~:> '. ; ~:::}::~::'~~:'~':'~ .;> '""- - "- .' . 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(THE KAITLlN GROUP) - RECOMMENDATIONS: - - 1. 2. - 3. - 3. - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-078-03 be received; THAT the application submitted by Kelvin Whalen on behalf of Port of Newcastle Inc. to remove the Holding (H) symbol be APPROVED; THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - - - - ~ ~~~"'- Submitted by: . , Reviewed b~ David . Crame, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer EC*DJC*sn June 5, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVI,LLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 697 REPORT NO.: PSD-078-03 PAGE 2 . .. 1.0 APPLICATION DETAILS 1.1 Applicant: Port of Newcastle Homes Inc. (Kelvin Whalen) - 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Exception ((H) R4-15)" . - - 1.3 Location: South side of Lakebreeze Drive on Part of Lot 29, Broken Front Concession, former Township of Clarke, on Block 197 of instrument 18T-91004. (Attachment 1). - - 2.0 BACKGROUND - 2.1 On May 26th, 2003, staff received an application from Port of Newcastle Homes Inc. (Kelvin Whalen) for the removal of the "Holding (H)" provision from the site of the proposed condominium development referred to as the Coastal Villas. Attachment 1 shows the location of the site. - - 2.2 The site was zoned "Holding-Residential Exception ((H) R4-15)" in July of 1996. - 3.0 STAFF COMMENTS - 3.1 The location is serviced with municipal services and the developer is in the final stages of approval of the site plan agreement. - - 4.0 RECOMMENDATIONS 4.1 In considerations of the comments noted above approval of the removal of the "Holding (H) symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. - .. .. .. 698 .. .. REPORT NO.: PSD-078-03 PAGE.3 .. - Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding (H) Interested parties to be notified of Council's decision: - Kelvin Whalen Port of Newcastle Homes Inc. - 1029 McNicol! Avenue Scarborough, ON M1W 3W6 - - - - - - - - - - - - - - 699 ATTACHMENT 1 J Newcastle Key Map ~ w z :it;; ::;w 0:: 5YDEN M 51, t5ti 0- IOUEEJ ~ VieT Zoning By-law Amendment ( Removal of Holding) -' -' :; ZBA 2003-020 Owner: Kelvin Whalen Port of Newcastle Inc. 69901 .. - - - - - - - - - - - .. - - - - - - .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2003. - being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle ~- - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2002-037; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1 , Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: - 2, - 3. - "Holding-Urban Residential Exception ((H)R4-15)" to "Urban Residential Exception (R4-15)". Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - BY-LAW read a first time this day of 2003 - day of BY-LAW read a second time this 2003 - BY-LAW read a third time and finally passed this day of 2003 - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - 69902 - ATTACHMENT 2 -- This is Schedule "A" to By-law 2003- passed this day of !I 2003 A.D. , . - - j< -1 - - - - - - (<<<<1 ZONING CHANGE FROM "(H)R4-15" TO "R4-15" - John Mutton, Mayor Patti L, Barrie, Municipal Clerk - - - - - .. Newcastle ~ - 69903 .. - - Cl!J!mgfOn REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 16,2003 - Report #: PSD-079-03 File #: ZBA 2003-004 By-law #: - Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: 829426 ONTARIO INC. (KELVIN WHALEN) - RECOMMENDATIONS: _ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-079-03 be received; 2. THAT the application submitted by Kelvin Whalen on behalf of 829426 Ontario Inc. to remove the Holding (H) symbol be APPROVED; - 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and, - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - avi . Crome, M.C.I.P. R.P.P. Director, Planning Services JF/CS/DJC/df 6 June 2003 Reviewed by: O~ ~ ' Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer - Submitted by: - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 69904 - REPORT NO.: PSD-079-03 PAGE 2 - 1.0 1.1 APPLICATION DETAILS - Applicant: Kelvin Whalen - 1 .2 Owner: 829426 Ontario Inc. - 1.3 Rezoning: Removal of "Holding-Urban Residential Exception ((H)R4- 23)" to "Urban Residential Exception (R4-23)". - 1.4 Location: Part Lots 15 and 16, Concession 1, former Township of Darlington. - - 2.0 BACKGROUND 2.1 On February 24, 2003, Staff received a request from Mr. Kelvin Whalen for the removal of the "Holding(H)" provision on Block 1 of the subject lands to permit the development of a seniors care facility (Attachment 1). The other blocks as indicated on Attachment 1 are not part of this application, and are to remain as currently zoned. - - - The property is bounded by the Canadian Tire Store to the north and the St. Lawrence and Hudson Railway to the south, with access from Clarington Boulevard. Attachment 1 shows the location of Block 1 on the property currently zoned "Holding-Urban Residential Exception ((H)R4-23)". - - - 2.2 Prior to this application, the property was also subject to rezoning application ZBA 2001-001 and Plan of Subdivision application S-C-2001-003. Both applications were approved by the Council of the Municipality of Clarington on May 13, 2002. A site plan application for Block 1, SPA 2002-003, has recently received final approval. - - - .. .. 69905 .. - REPORT NO.: PSD-079-03 PAGE 3 - 3.0 STAFF COMMENTS 3.1 The portion of the subject property to which this application applies is presently zoned "Holding-Urban Residential Exception ((H)R4-23)". The provisions of the Zoning By-law allow for the removal of the "Holding(H)" symbol, by By-law, upon Council being satisfied that the uses to be permitted will be adequately serviced, have appropriate access, and will be used for the purposes intended by the By- law. - - - - 3.2 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H) symbol is not subject to the normal appeal period afforded to a standard rezoning application, and accordingly, shall be deemed final and binding should Council grant approval of same. - - - 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. - - Attachments: Attachment 1 - Key Map - Attachment 2 - By-law for Removal of Holding (H) Symbol Interested parties to be notified of Council's decision: - - Kelvin Whalen The Kaitlin Group Ltd. 1029 McNicol Avenue Scarborough, ON M1W 3W6 - - Regional Municipality of Durham Planning Department Lang Tower, West Bldg., 4th Floor P.O. Box 623 1615 Dundas Street East Whitby, ON L 1 N 6A3 - - 69906 - ATTACHMENT 1 . . - ,OQ.oo( A - 13.511 C . 13,51. N~1'2O"W - - - PRINCE WILLIAM BOULEVARD N56'3<4'J5"W 3.88 - - - - - - II ~ - - - - ZBA 2003-004 Zoning By-law Amendment - .. Owner: 829426 Ontario Inc .. - 69907 .. .. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- .. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle .. - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2003-004; - NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding-Urban Residential Exception((H)R4-23 Zone" to "Urban Residential Exception (R4-23)Zone". - Schedule "A" attached hereto shall form part of this By-law. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. - - BY-LAW read a first time this day of 2003 - BY-LAW read a second time this 2003 day of - BY-LAW read a third time and finally passed this 2003 day of - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - 69908 - ATTACHMENT 2 .. This is Schedule "A" to By-law 2003- passed this day of , 2003 A.D. PRINCE WILLIAM BOULEVARD A 001 TlONAL LAND IN 'H THE: APPLICANT HAS AN INTE:RCST l?ZZZI ~ ~ ~ John Mutton, Mayor ~ BOWMANVILLE .. - H &I'J1'1O'wl I I I I ,<14 I N72''''1'OO~E 64.82 - - / - - - - - Zoning change from "(H)R4-23" to "R4-23" Zoning to remain "(H)R4-23" Zoning to remain "A" - - Patti L. Barrie, Municipal Clerk LOT 16 LOT 15 - J -, - o <{ o '" z w w '" l:> - z o Vi (/) w () z o () - .. J .. .. ,. Clw:.mgfOn - /' REPORT PLANNING SERVICES .. Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday June 16, 2003 PSD-080-03 File #: PLN 11.2.6 By-law #: COMMUNITY RENTAL HOUSING PROGRAM - - 1. - 2. - 3. - - - - - - - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-080-03 be received; THAT Region of Durham be advised that the Municipality of Clarington respectfully declines to participate with the Region in the proposed Community Rental Housing Program; and THAT the Federal Minister of Human Resources Development, the Premier of Ontario, the Minister of Municipal Affairs and Housing and the Mr. John O'Toole MPP and any , other delegation or interested party listed in this report be advised of Committee and Council's decision Reviewed by:d~-~, Franklin Wu Chief Administrative Officer CS*NT*DJC*sn June 9, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 69910 . REPORT NO.: PSD-080-03 PAGE 2 - 1.0 BACKGROUND 1 .1 At a meeting held on May 7, 2003, the Health and Social Services Committee of Regional Council considered Report 2003-J-12 entitled Community Rental Housing Program. Regional Council has forwarded a copy of the report to the Area Municipal Councils for their review and response by June 16, 2003 regarding their willingness to participate with the Region in the proposed' Community Rental Housing Program. They were also soliciting input specifically relating to the parameters of the program. ..... - - - 1.2 At the June 2, 2003 Council meeting, the correspondence and report were referred to the Director of Planning Services and the Director of FinancefTreasurer. .. - The purpose of this report is to: · briefly discuss the initiatives of the Regional Chair's Task Force on Sustainable/Affordable Housing; · provide an overview of the Community Rental Housing Program; · discuss the findings of the Work Group; and · discuss the program parameters and staff's overall concerns with the program. - .. .. 2.0 REGIONAL CHAIR'S TASK FORCE ON SUSTAINABLE/AFFORDABLE HOUSING 2.1 In 2001, the Regional Chair formed a Task Force on Sustainable/Affordable Housing. It recognized the need for affordable housing in Durham. In March 2002, Clarington Council endorsed staff report PSD-016-02 indicating a willingness to participate in the development of affordable rental housing subject to further review of the financial implications to the Municipality. The Municipality would undertake such a review at such time as the Federal and/or Provincial Governments commit to renew funding of social housing and provides such .. funds to the Region of Durham. In May 2002, the Region formed a Working - - .. .. - - 69911 - - - REPORT NO.: PSD-080-03 PAGE 3 ~ Group on Affordable Rental Housing comprised of Regional and Area Municipal staff to examine ways to stimulate the development of affordable housing. Subsequently, the federal and provincial governments announced the Community Rental Housing Program. /' - The Working Group focused attention on implementing the program in Durham Region. The Group meetings were attended by Staff of the Planning Services and Finance Departments who, throughout the following 10 months, worked through the parameters of the program. .. - 3.0 - 3.1 - - OVERVIEW OF THE COMMUNITY RENTAL HOUSING PROGRAM On May 30, 2002 the Government of Canada and the Government of Ontario signed an Affordable Housing Program agreement aimed at stimulating the construction of up to 10,500 units of affordable housing in the province. The Community Rental Housing funding is one component of the Affordable Housing Agreement. - - 3.2 The federal government has committed $680 million dollars to stimulate new rental housing construction in Canada. The Province of Ontario is allocated $489 million for 12 municipalities identified with a high need for affordable housing. Durham Region was identified as a high need area and as such $5 million dollars was available to stimulate the construction of approximately 215 units. The funding details include an average of $25,000 per unit in federal capital grants that must be matched by provincial, municipal, private and not-for-profit sources. The province's contribution is $2,000 per unit which offsets the Provincial Sales Tax (PST) and the remaining $23,000.00 per unit must be funded by municipalities and lor other sources such as non-profit housing corporations and charitable organizations. Matching contributions can include land, property - - - - - - 69912 - - REPORT NO.: PSD-080-03 PAGE 4 management, waiving of municipal fees and charges, donations or cash or "in- kind" services. .. .... 3.3 The Ministry of Municipal Affairs and Housing is responsible for program design and administration of federal funds, however the Service Managers, such as the Region of Durham, are responsible for implementing the program target areas. The province has, however, established mandatory program parameters to access the funding, they include: · a Regional Municipal Housing Facilities By-law and to adjust the property tax rate for these properties to the single residential property tax rate for any units constructed under the program; · a minimum of three units are eligible; · rents for new units cannot exceed Canada Mortgage and Housing Corporation (CMHC) average market rents; · rents must be affordable for a minimum of 15 years with a 5 year phase- out period for sitting tenants; · Provincial Homelessness Rent Supplement can be included in unit count (Durham has 50 units, 7 units are allocated to Clarington) · funding must be allocated through a regional tender process; · incentives offered in the tender document must be available to all proponents replying to the tender; · funding must be allocated to qualified projects requiring the least amount of federal funding; · approved projects must receive their building permits within 18 months of receiving notification of funding; and · initial project selection should take place by October 31, 2003. - - - - - - - - - 4.0 FINDINGS OF THE WORKING GROUP 4.1 The Region retained the services of SHS Consultants Limited to analyze the impact of various incentives on market rents for newly constructed rental housing to achieved CMHC target rents. C.N. Watson and Associates were retained to review the short and long term funding implications. The information was circulated and discussed at Working Group meetings. - - - - 4.2 Incentives Impact Analvsis Distribution of the 215 housing units allocated to the Region of Durham was based on population distribution throughout the Region. The Municipality of - - 69913 - .. REPORT NO.: PSD-080-03 PAGE 5 - - Clarington is allocated 30 housing units and is eligible for $750,000.00 in federal grants. The funding is eligible to "affordable rents" as defined by CMHC. Table 1: Shows a hypothetical impact of incentives on rental rates for townhouses and apartments in Clarington to achieve CMHC target rents using three scenarios; · "Full costs" -showing projected rents without financial incentives; · "Reduced Tax Rates" - showing the impact of the reduced property tax rate (multi-residential to single residential rates) with matching federal contributions and the provincial PST rebate; · "reduced tax rate plus regional and municipal waivers" - showing property tax incentives plus offsetting program rebates equal to the cost of waiving development charges, and the matching federal contributions to a maximum of $25,000 plus the PST rebate. - - .. - - TABLE 1 CLARINGTON TOWNHOUSE RENTS WALK UP APARTMENT RENTS 2-Bed 3-Bed 1-Bed 2-Bed 3-Bed Full Cost $ 1,355 $ 1 ,455 $ 1,095 $ 1 ,245 $ 1,345 Tax at Residential $ 1,035 $ 1,135 $ 835 $ 985 $ 1,085 Tax at Residential + Regional $ 880 $ 980 $ 685 $ 835 $ 935 & Municipal Waivers CMHC TarQet Rent $ 843 $ 962 $ 684 $ 812 $ 906 - - - - 4.3 Fiscallmoacts C.N. Watson examined the fiscal impact on the Region of Durham and area municipalities and the cost of providing a program which included a rebate on development charges and taxing multi-residential developments constructed under the program at single residential property tax rates. Table 2 provides a summary of the value of estimated program contributions over twenty (20) years. The implications of the findings as they pertain to the Municipality of Clarington are discussed in Section 5.0 (5) of this report. - - - - - - - 69914 - REPORT NO.: PSD-080-03 PAGE 6 .. TABLE 1 REGIONAL COMMUNITY RENTAL HOUSING PROGRAM I ESTIMATED CONTRIBUTIONS OVER 20 YEARS (Based on 215 Unit Model as per C.N. Watson Analysis) FEDERAL PROVINCIAL AREA REGION MUNICIPALITIES Development Per Unit $4,008 $6,733 Charges Program 861,807 $1,447,684 Property Tax Per Unit $11,036 $16,632 Program $2,372,845 $3,575,941 Rent Supplement Per Unit $2,800 (50 Units) Program $2,800,716 Other Program Per Unit $25,000 $2,000 Contributions Total $5,000,000 $400,000 $5,000,000 $3,200,716 $3,234,652 $5,023,625 - - - - - - 5.0 STAFF COMMENTS ON PROGRAM PARAMETERS 5.1 The Region is requesting the input from each area municipality on specific parameters of the program. These parameters are noted below followed by staff comments. - - 1) Proposed 20 year program length: The program criteria indicates that rents must be affordable for a minimum of 15 years, plus a 5 year phase-out. Should the program proceed, staff would concur with the regional recommendation that the program should be extended to at least 20 years, plus a 5 year phase-out. There are significant public funds being invested and a more reasonable pay back period would be appropriate. - - - 2) Preliminary Unit Allocations: The Working Group proposed an allocation based on Area Municipal population, rounded up to 10. This is a reasonable approach and results in a unit allocation to Clarington of 30. If a municipality declines participation, the units can be reallocated to other municipalities. - 3) Area Municipal Target Rents: Rents in the new units cannot exceed the CMHC average market rent for a community. For Clarington, this translates to $843 and $962 respectively for two and three bedroom townhouses and $684, $812, and $906 respectively for one, two and three bedroom walk up apartments as shown in Table 1. However, this means that the Community Rental Housing Program is not pursuing the objectives of the Affordable Housing Task Force. The intent here is to increase the inventory of rental housing, not provide for low income housing. Only 45% of the units can be allocated to non-profit developers. Also, to meet the target rents, both Regional and Area Municipal incentives are required. As well, only townhouses and walk-up apartments would be affordable. 69915 - - .. .. .. .." REPORT NO.: PSD-080-03 PAGE 7 .. - 4) Tender development: The program criteria indicates that funding must be allocated to projects through a tender process. This presents procedural problems. It would be more appropriate to consider a request for proposal process. - - 5) Mandatory proportional sharing of incentives: The Community Rental Housing Program requires that the property tax rate be set at the single residential property tax rate for all units constructed under this program. For 2002, the. residential rate was 1.49% compared to the multi-residential rate of 3.05%. This is therefore over a 50 % reduction in the tax rate. For Clarington, based on the 20 year structure, the present value cost of this incentive is approximately $267,818. The regional cost for the Clarington proposed units is an additional $458,549. . .. - A concern regarding fair treatment to taxpayers is of particular issue here. Since the units are not designated as low income housing, they are directly competing with other market rental units in Clarington. Several owners of rental units in Clarington have approached Council in recent years with respect to the impact of the multi-residential tax rate. The municipality had no legal latitude to assist in mitigating this cost for the existing landlords yet this program will do so for a new development. - - - Also, the Region of Durham and Area Municipalities have been working with owners of multi-residential properties through the long-term tax policy adopted by Regional Council. The stated goal is to reduce the multi-residential tax ratio and in turn the tax rate. The ratio has been reduced in both 2002 and 2003. - In order for the market target rent to be reached, the tax rate reduction is not sufficient. It is also therefore proposed that a rebate of development charges would also be required. Based on 2002 rates this would cost Clarington a projected $145,527 with an additional contribution from the Region for the Clarington units of $192,572. As a straight waiver of development charges is not considered in our development charges by-law, an equivalent rebate would have to be funded elsewhere. Currently, Clarington has a significant number of projects in process through the 2003 approved budget and the addition of another cost that is not within our primary mandate would add increased pressures in future budget years. - - - - 6) The identification of the nature, location and type of rental housing development required to meet local needs. Multi residential uses should be located in urban areas and closer to various services and a transit supportive infrastructure. Downtowns and Main Central Areas are appropriate. The lands would have to be "prezoned" to meet the program timelines and tendering process. - - 69916 - .. REPORT NO.: PSD-080-03 PAGE 8 6~ OVERALL CONCERNS- 6.1 The Community Rental Housing Program is flawed due to the lack of significant Provincial financial participation. We concur with Regional Staff on this point. With limited revenue sources available to municipalities and unwillingness by senior levels of government to provide, or share, significant new sources of revenues, the Municipality cannot afford to participate in a program that should remain the responsibility of senior governments. The estimated impact for Clarington for the 30 allotted units would total $413,345 with another $651,121 from the Region for the 30 units. This compares to the Provincial contribution of $2,000 per unit for a total of $60,000. .. .. - - - - 6.2 Between 1991 and 2000 approximately 57% of the new residential building permits issued in Clarington were for semi-detached, row/townhouses and apartments. Most of the units would be considered affordable but very few of these units were rental accommodation. The Community Rental Housing Program proposes to address this issue by creating 30 additional rental units. However, since target rents are based on average rents in the community, it does not really provide housing for low income families. - - - - 6.3 This program may be of benefit for communities with Brownfield Programs where a municipality is pursuing urban renewal objectives and has a program of incentives to encourage redevelopment. - - 7.0 RECOMMENDATIONS 7.1 It is therefore recommended that the Municipality of Clarington respectfully decline to participate in order that the unit allotment may be reallocated to another area municipality. It would be more appropriate for our focus to remain upon the long term taxation strategy to assist existing units in remaining in the marketplace. - - - Attachments: Attachment 1 - Region of Durham Report 2003-J-12 - .. 69917 - - - - - The Regional Municipality of Durham To: The Health and Social Services Committee The Finance and Administration Committee From: Dr. Hugh Drouin, Commissioner of Social Services R.J. Clapp, Commissioner of Finance Report No.: 2003-J-12 Date: April30,2003 - SUBJECT: - Community Rental Housing Program -- RECOMMENDATIONS: - THAT the Health and Social Services Committee and Finance and Administration Committee recommend to Regional Council that: - - - - - - - - - - - a) This report be forwarded to the Area Municipal Councils for their review, and response by June 16, 2003 regarding their willingness to participate with the Region in the proposed Community Rental Housing Program, specifically as it relates to the following parameters: · the proposed 20 yeai program length; · the preliminary unit allocations for each Area Municipality as detailed in the report; · the Area Municipal target rents .as detailed in the report; · the development of tenders specific to each Area Municipality; · the mandatory proportional sharing of incentives by the Area Municipality to a minimum of the Regional contribution (i.e. waiving of Develupment Charges or other types of contributions such as municipal lands); and · the identification of the nature, location and type of rental housing development required to meet local needs. b) The Premier of Ontario, the Minister of Municipal Affairs and Housing, and local MPP's be advised of the Region of Durham's concern with: . the lack of significant financial participation by the Provincial government in the Community Rental Housing Program, since the non-matching of Federal funds by the Province creates an extraordinary higher financial requirement for municipalities; . the requirement for a tender instead of a request for proposal process for the selection of affordable housing projects; . the limitations on municipal and private non-profit housing participation; and . the limited timetable which requires projects to be selected by October 31, 2003. 6991.8 .. Report No.: 2003-J-12 Page No.: 2 .. 1.0 BACKGROUND The need for affordable housing in the Regional Municipality of Durham has been documented in previous reports to Council. In particular, the Regional Chair's Task Force on Sustainable/Affordable Housing identified a number of factors, including: · low rental housing vacancy rates (2.3% in October 2002); · rental rate increases outstripping inflation and real household income; · the significant percentage of residents paying more than 30% of their gross income on shelter; · the three-to-five year waiting list of some 4,900 applicants for social housing; and · the growing number of homeless people in the community. .. .. . .. The Regional Chair's Task Force reviewed the types of barriers that prevent developers from constructing a range of affordable housing in Durham....T-he Task Force concluded: .. "It is clear that, if some approaches could be found to help offset costs, rents could be reduced and the range of households able to afford such accommodation increased. Given the high demand for rental housing in the Region, there would be an incentive for private developers to move ahead with new rental development in the Region." - .. While it was recognized that senior levels of government needed to take a leadership role in the funding and development of affordable rental housing development, the Task Force also identified a number actions that could be undertaken by the Region of Durham to help stimulate the development of affordable rental housing. In addition, the Task Force recommended that Area Municipalities be encouraged to consider local incentives to maximize opportunities to reduce rental rates for newly constructed units. .. .. As detailed in Report #2002-COW-01, Area Municipalities provided feedback on the Task Force recommendations and suggested that any Regional program design must give careful consideration to the short and longer-term impact that specific incentives may have on the local tax base. Regional Council directed the establishment of a Working Group of Area Municipal and Regional staff to assess the financial implications of an affordable housing program in Durham. - - - A Working Group on Affordable Rental Housing was formed in May 2002 comprised of Regional and Area Municipal staff. Subsequently, the Federal and Provincial governments announced details of the Community Rental Housing Program in December 2002 allowing the Working Group to begin the necessary financial impact analysis. .. - This report provides information on the Community Rental Housing Program, identifies related concerns, and presents the Working Group findings on the cost of an affordable housing program in Durham. Section 2.0 provides the highlights of the report while the balance of the report further describes the program criteria and identifies potential financial impacts. The appendices provide the detailed analysis as reviewed by the Working Group. .. .. 69919 .. - - Report No.: 2003-J-12 Page No.: 3 2.0 HIGHLIGHTS - The Federal/Provincial Community Rental Housing Program provides: · A program to increase in the supply of rental housing at existing average rent - amounts. Thus, the Community Rental Housing Program does not purport to be a social housing program · $680 million in federal funding (announced in 2001) to stimulate new rental housing - construction · $489 million allocated to Ontario · $5 million in federal funds for rental housing development in Durham Region (one of - 12 targeted communities with low vacancy rates in Ontario) · An average of $25,000 per unit in federal capital grants that must be matched by provincial, municipal, private and not for profit sources - · A Provincial contribution of $2,000 per urnt-tooffset the Provincial Sales Tax · The remaining $23,000 per unit must be matched by municipalities and/or other sources (i.e. non profit housing corporations, charitable organizations etc.) - - Program Criteria: · To access funding, the Region must pass a Municipal Housing Facilities By-law and adjust the property tax rate for the new facilities to the single residential property tax rate for any units constructed under the program · Rents in new units cannot exceed the Canada Mortgage and Housing Corporation (CMHC) average market rent rate for the community · Rents must be "affordable" for a minimum of 15 years, plus a 5 year phase-out period for sitting tenants (option to extend to 20 years, plus a 5 year phase-out period) · Only 25% of units can be targeted to municipal non-profits and up to 20% to private non-profit housing corporations · Program encourages private sector partnerships with non-profit housing corporations · Provincial Homelessness Rent Supplement can be designated to units constructed under the program in order to make rents affordable to low income households, with rent supplement funding guaranteed by the Province until 2023 (Durham has 50 such units) · Funding must be allocated to projects through a Regional tender process · The incentives offered in the tender document must be available to all proponents replying to the tender · Qualified projects requiring the least amount of federal funding must be selected · Approved projects must receive their building permit within 18 months of receiving notification of funding commitment · Funding will be available from the Province to Service Managers, like the Region of Durham, to help off set program administration costs · The Province has recently indicated that initial project selection should take place by October 31,2003. - - - - - - - - - - 69920 .. Report No.: 2003-J-12 Page No.: 4 - Staff Concerns Regarding the Community Rental Housing Program: · The Provincial government is contributing significantly less than both the Federal Government and the amounts required of municipal governments. The token contribution by the Province of a maximum of $2,000 per unit is inadequate when compared to the Municipal Governments' contribution of an average of $23,000, particularly when the Provincial revenue opportunities are compared to the very limited Municipal revenue options. · The Working Group analysis suggests that both Regional and Area Municipal incentives will be required to reduce rents to the CMHC rent levels · Furthermore, staff analysis suggests that only modest townhouses and wood frame walk-ups are economically feasible. · CMHC target rent amounts will still be cost-prohibitive for many households on the social housing waiting list, yet the program would require substantially greater funding to generate buildings with lower rents. · Only 45% of the units can be allocated to non-profit developers, who have the expertise in effectively managing affordable rental housing and the interest to maintain it as affordable in perpetuity. · Given the public investment in this program, the length of the program should be extended to at least 20 years, plus a five year phase out for sitting market rent tenants, to ensure maximum return for the community. · The Province has not made any additional rent supplement units available to ensure that those most in need are housed. · Timelines provided by the Province are not achievable. · The tender process limits opportunities to assess proposals according to "value for public money" and presupposes local zoning processes by "qualifying" projects for funding. .. - .. .. .. .. .. - .. Financial Implications: · Regional contributions are estimated at $1.4 million in one time costs and $3.6 million in present value terms over 20 years in foregone tax revenue as detailed in the following table: 11II - - - .. . 11II 69921 IIIl - - Report No.: 2003-J-12 Page No.: 5 - Federal Provincial Area Region Municipalities Development Per Unit $4,008 $6,733 Charges Program $861,807 $1,447,684 Property Tax* Per Unit $11,036 $16,632 Program $2,372,845 $3,575,941 Rent Per Unit $2,800 Supplement (50 units) Program $2,800,716 1 See note below Other Per Unit $25,000 $2,000 Program Contributions Tctal $5,000,000 $400,000 $5,000,000 $3,200,716 $3,234,652 $5,023,625 Table 1 Regional Community Rental Housing Program Estimated Contributions Over 20 Years (Based on 215 Unit Model as per C.N. Watson Analysis) - - - - - .. - * Net Present Value for 20 years at 6% (foregone revenue) 1 Does not include potential costs of $5,393.345 for a Regional Rent Supplement Program for an additional 93 units. - - The above table also indicates that the largest financial contribution to this program will be made by property taxpayers, both Regional and Local, who will be contributing an estimated $8.3 million as compared to an estimated $3.2 million by the Province (including the 100% Provincial Rent Supplement Program). - 3.0 COMMUNITY RENTAL HOUSING PROGRAM - In the 2001 Speech from the Throne, the federal government committed $680 million for the creation of affordable housing through its Federal Affordable Housing Program. Details of the program were outlined in previous reports to Council (see Reports # 2002- SH-15; 2002-SH-31; 2003-SH-01). - - On May 30, 2002, the Government of Canada and the Province of Ontario signed an agreement that will provide up to $489 million for the creation of approximately 10,500 affordable housing units in Ontario over the next five years. - The Community Rental Housing Program was introduced in December 2002 as a joint Federal/Provincial program to help stimulate new rental housing construction. Durham Region has been identified as one of the twelve "high need" communities targeted for program funding. - 69922 - Report No.: 2003-J-12 Page No.: 6 As noted in the Regional Chair's Task Force report, in order to recover construction costs for the development of new rental housing units, the rents charged by private or non-profit developers would be cost-prohibitive. The Community Rental Housing Program does not purport to be a social housing program. Its intent is to increase the supply of rental housing at existing average rent amounts within Durham. 3.1 Available Funding As one of twelve municipalities in Ontario with a "high need" for affordable housing, federal grants to a maximum of $5 million will be made available to help stimulate the construction of approximately 200 units of rental housing in Durham. Funding details . are summarized below: · An average of $25,000 per unit in federal capital grants that must be matched by Provincial, Municipal or other sources (Le. non-profits, charitable foundations etc.) is available. · Province will provide $2,000 per unit to offset the Provincial Sales Tax · The remaining $23,000 per unit must be matched by municipalities and private and non profit developers. · Matching contributions can include land, property management, waiving of Municipal fees and charges, donations of cash or "in kind" services. 3.2 Program Criteria Under the terms of the Federal/Provincia! agreement, the Ministry of Municipai Affairs and Housing has responsibility for program design and the administration of federal funds. Municipal Service Managers, such as the Region of Durham, will be respons;ble for implementing the program in areas targeted for program funding. Despite the fact that the Province is contributing significantly fewer dollars to the program, it has established a number of mandatory criteria that must be met including: · To access funding, the Region must pass a Municipal Housing Facilities By-law and adjust the property tax rate for these properties to the single residential property tax rate for any units constructed under the program. · A project must consist of a minimum of three units to be eligible for funding. · Rents in new units cannot exceed the Canada Mortgage and Housing Corporation (CMHC) average market rent rate for the community. · Rents must be "affordable" for a minimum of 15 years, plus a 5-year phase-out period for sitting tenants. · Only 25% of units can be targeted to municipal non-profits and up to 20% to private non-profits. · Private sector partnerships with non-profit housing corporations are encouraged. · Provincial Homelessness Rent Supplement can be designated to units constructed under the program in order to make rent costs affordable to low income households, with rent supplement funding guaranteed by the Province until 2023. · Funding must be allocated through a Regional tender process. · The incentives offered in the tender document must be available to all proponents replying to the tender. 69923 .. .. .. .. .. .. .. - IIIf .. .. ... - - - .. .. ... . - - Report No.: 2003-J-12 Page No.: 7 - . Funding must be allocated to qualified projects requiring the least amount of federal funding. . Approved projects must receive their building permit within 18 months of receiving notification of funding commitment in order to remain eligible for funding. . Funding will be available to the Region of Durham from the Province to help off set program administration costs. . Initial project selection should take place by October 31,2003. - - 3.3 Potential Distribution of Units - In order to ensure the availability of program dollars across the Region and that program costs are equitably shared among the municipalities, an initial"fair share" distribution of available Community Rental Housing Program units based on Area Municipal population was proposed by the Working Group. The minimum number of units in less populated municipalities was rounded up to 10 to allow for projects to have more than seven units. This would make projects eligible to have the property tax rate set to the single residential rate as opposed to the multi-residential rate, and thus leverage matching federal contributions. - - - Using 2001 Census data, the proposed distribution allows for up to 10 units in smaller municipalities and between 30-55 units in the larger communities. If a municipality declines to participate in the program, units could be reallocated to other municipalities interested in supporting additional units. ~ - Municipality Population Housing Unit Federal Grant # % Allocation Ajax 73,753 15 30 $750,000 , Brock 12,110 2 10 $250.000 Clarington 69,834 14 30 $750,000 Oshawa 139,051 27 55 $1,375,000 Pickering 87,139 17 35 $875,000 Scugog 20,173 4 10 $250,000 Uxbridge 17,377 3 10 $250,000 Whitby 87,413 17 35 $875,000 TOTAL 506,850 100% 215"' $5,375,000 Table 2 Proposed Unit Distribution and Resultant Federal Grant - - - - - Based on 2001 Census data, 2 Available funding announced for Durham Region for the first phase is based on a federal funding cap of $5 million. At $25,000 per unit, this means that approximately 200 units can be built More units could be created if fewer federal funds are required by an approved proJect. The Impact model used by the Working Group assumed a distribution of approximately 215 units across Durham Region, - - 69924 - .. Report No.: 2003-J-12 Page No.: 8 , .. 3.4 Rent Charges for Newly Constructed Units With the assistance of SHS Consultants Inc., the Affordable Rental Housing Working Group developed theoretical scenarios for each Area Municipality, analyzing the impact of various incentives on market rent rates for newly constructed rental housing. .. .. It is important to note that the scenarios are hypothetical and are used solely for the purpose of ascertaining the impact of incentives on rent levels. Costs for both modest townhouse developments and wood frame walk up apartment construction were identified using three potential scenarios: · "Full cost" - showing projected rents without any financial incentives; · "Reduced tax rate" - showing the impact of the reduced property tax rate (multi- residential to single residential rates), with matching federal contributions and the $2,000 per unit PST rebate; and · "Reduced tax rate plus Regional and Area Municipal waivers" - showing the impact of the property tax incentive plus an offsetting program rebate equal to the cost of waiving of development charges, and the matching federal contributions to a maximum $25,000 plus the $2,000 per unit PST rebate. .. .. .. .. The impact on rents achieved through the application of Regional and Area Municipal incentives is summarized in the following table: - - .. .. .. .. .. .. III .. 69925 . - - Report No.: 2003-J-12 Page No.: 9 - TABLE 3 CUMULATIVE IMPACf OF INCENTIVES ON RENT CHARGES - I Pick e rina I TOWNHOUSE RENTS WALK UP APARTMENT RENTS 112-Bed I 3-Bed 1.Bed I 2-Bed I 3 -Bed Full Cost $1,445 $1 ,545 $1,138 $1 ,288 $1 ,3B8 Tax At Residential $1,110 $1,210 $880 $1,030 $1 ,130 Tax At Residential + Regional & Municipal Waivers $965 $1 ,065 $735 $885 $985 CMHC T araet Rent $932 $1,210 $741 $922 S 1,054 I Ajax I FuJI Cost $1,435 $1,535 $1,138 $1 ,288 $1 ,388 Tax At Residential $1,080 $1,180 $860 $1 ,010 $1,110 Tax At Residential + Regional & Municipal Waivers $950 $1,050 $725 $875 $975 CMHC T arqet Rent $932 $1,210 $735 $903 $ 1,037 " . I Uxbridge I Full Cost $1,390 $1,490 $1,105 $1,255 $1 ,355 Tax At Residential $1JJ75 $1,175 $995 $1,145 $1,245 Tax At Residential + Regional & Municipal Waivers $935 $1,035 $860 $1,010 $1,110 CMHC T araet Rent $932 $1,210 $759 $1,028 $1,203 I Whitby I FuJI Cost $1 ,405 $1 ,505 $1,130 $1 ,280 $1 ,380 Tax At Residential $1,055 $1,155 $845 $995 $1,095 Tax At Residential + Regional & Municipal Waivers $925 $1 ,025 $715 $865 $965 CMHC T araet Rent $932 $1,210 $786 $894 $1,000 I Oshawa I FuJI Cost $1 ,450 $1 ,550 $1,160 $1,310 $1 ,410 Tax At Residential $1 ,055 $1,155 $845 $995 $1 ,095 Tax At Residential + Regional & Municipal Waivers $935 $1,035 $720 $870 $970 CMHC T araet Rent $R43 $962 $713 $819 $925 I Clarington I Full Cost $1,355 $1,455 $1,095 $1,245 $1 ,345 Tax At Residential $1,035 $1,135 $835 $985 $1,085 Tax At Residential + Regional & Municipal Waivers $880 $980 $685 $835 $935 CMHC T araet Rent $843 $962 $684 $812 $906 I S cugog I Full Cost $1,360 $1 ,460 $1,100 $1 ,250 $1 ,350 Tax At Residential $1,035 $1,135 $835 $985 $1 ,085 Tax AI Resldenlial + Regional & MUniCipal Waivers $895 $995 $710 $860 $960 CMHC T araet Rent $843 $962 $684 $812 $906 I Broch I Full Cost $1,350 $1 ,450 $1,120 $1 ,270 $1 ,370 Tax At Residential $980 $1,OBo $815 $965 $1,065 Tax At ReSidential + Regional & Municipal Waivers $B7o $970 $695 $845 $945 CMHC T araet Rent $843 $962 $684 $812 $906 Note: The CMHC target rent must be achieved to access federal funding under the Community Rental Housing Program - - - - - - - - - - - - ... - - 69926 - Report No.: 2003-J-12 Page No.: 10 - The exercise demonstrated that, depending on built form and unit size, affordable rents could be achieved in most municipalities through the application of both the reduction of property taxes to the residential rate and the use of a program to offset Regional and Area Municipal development charges. In some communities, the application of all available incentives may help reduce rental rates to amounts that are below the target market rent. This would make rents affordable to a greater number of lower income households. In some areas, built form may be restricted to walk up apartments in order to ensure affordable rent levels could be achieved. - - - 3.5 Rent Supplement The rent charges achieved, even with the incentives provided (i.e. Federal $25,000; Provincial $2,000; and Municipal $23,000 per unit, are still out of reach of those households with incomes at the lowest levels, particularly those in receipt of social assistance or on fixed incomes. - - The rent supplement program provides rent-geared-to-income to eligible low-income tenants in non-profit or privately owned rental buildings. A supplement is provided to landlords to bridge the gap between the market rent of a unit and the amount the tenant can afford to pay, based on 30% of the tenant's gross household income. - - The Province initially allocated 135 units to Durham Region under its Homelessness Rent Supplement Program in November 1999. These units are 100% Provincially funded. In 2002, the Housing Services Division was advised that 60 additional units would be allocated to Durham Region. The Province recently announced that funding for the initial five-year program will be extended until 2023. In a previous report to Council, 50 of the 60 Homelessness Rent Supplement units were held pending Council resolution on the Region's participation in the Community Rental Housing Program (Refer Report #2003-SH-02). .. - - The estimated Provincial cost (in net present value) of 50 rent supplement units to 2023 is $2.8 million. - 3.6 Financial Impact Analysis - The Community Rental Housing Program requires that the property tax rate be set at the single residential property tax rate for all units constructed under this program. The Working Group also reviewed what additional Regional and Area Municipal incentives could be offered to ensure available federal grants were maximized. It was determined that if development charges were reduced or waived, additional federal grants could be leveraged. - ... With the assistance of C.N. Watson and Associates, the Working Group reviewed short and long term funding implications of an affordable housing program for both the Regional and Area Municipalities if these two incentives were made available. (Detailed analysis is available in Attachment A). .. .. 69927 .. - - Report No.: 2003-J-12 Page No.: 11 - Based on the assumed distribution of units as identified in the earlier Table 2, the program could require one-time rebate of Regional development charges of up to approximately $1.45 million, or an average of $6,733 per unit. The analysis also demonstrated Regional foregone property tax revenues with a present value of $3.6 million would enable the production of up to 215 units of rental housing, which would be affordable over a twenty-year period. - 3.7 Program Concerns - - While the Community Rental Housing Program provides an opportunity to access new federal capital grants, a number of concerns with the program criteria have been identified: . The Provincial government is contributing significantly less than both the Federal Government and the amOlmts required of Municipal Governments. The token contribution by the Province of a maximum of $2,000 per unit is inadequate when compared to the Municipal Governments' contribution of an average of $23,000, particularly when the Provincial revenue opportunities are compared to the very limited Municipal revenue options. . As a result, the Working Group analysis suggests that both Regional and Area Municipal incentives will be required to reduce rents to the CMHC rent levels . Furthermore, staff analysis suggests that only modest townhouses and wood frame walk-ups are economically feasible. . CMHC target rent amounts will still be cost-prohibitive for many households on the social housing waiting list yet the program would require substantially greater funding to generate buildings with lower rents. . Only 45% of the units can be allocated to non-profit developers, who have the expertise in effectively managing affordable rental housing and the interest to maintain it as affordable in perpetuity. . Given the public investment in this program, the length of program should be extended to at least 20 years, plus a five year phase out for sitting market rent tenants, to ensure maximum return for the community. . The Province has not made any additional rent supplement units available to ensure that those most in need are housed. . Timelines provided by the Province are not achievable. . The tender process limits opportunities to assess proposals according to "value for public money" and presupposes local zoning processes by "qualifying" projects for funding. - - - - .. - - - - - The issue of providing Regional and Area Municipal incentives to amounts that exceed the financial commitment of senior levels of government is of particular concern. Organizations including AMO and FCM have repeatedly called for federal tax changes related to rental housing investment opportunities and the indexing of income assistance programs to reflect actual rental rates in Ontario. In addition, the Province has a greater base of sustainable financing than Municipalities and therefore, should be a larger contributor. - - 69928 - - Report No.: 2003-J-12 Page No.: 12 - 4.0 CONCLUSION The Regional Municipality of Durham has the opportunity to stimulate the construction of affordable rental housing but will require the financial participation of Area Municipalities in order to ensure that the rental units created achieve the average CMHC market rents as required under the Community Rental Housing Program. - .. With Area Municipal support, Regional Council could leverage significant capital contributions from the Federal government, and to a lesser extent the Provincial government, to create approximately 200 units of permanent affordable rental housing for the next 20 years. - ... In order to access up to $5 million in federal grants and an additional $400,000 in Provincial contributions, the program would require one-time Regional costs of approximately $1.45 million and foregone tax revenues with a present value of $3.6 million over a twenty year period. - Staff recommend that this report be distributed to the Area Municipalities to ascertain their interest in participating financially with the Region of Durham in the Community Rental Housing Program and to identify local program parameters. - .. Based upon the feedback received, Regional staff will provide a subsequent report to Council outlining next steps including any further program cost, information relative to a Municipal Housing Facilities By-law, as well as details to be contained in the Regional tender documents for each Area Municipality. .. Senior levels of government must continue to playa role in the provision of affordable housing. The lack of significant Provincial contributions to the Community Rental Housing Program is of particular concern and it is therefore recommended that Regional Council continue to press the Provincial Government for additional funding to increase the supply of affordable rental housing within Durham Region. ..... - - Dr. Hugh Drouin Commissioner of Social Services R.J. Clapp Commissioner of Finance - - Recommended for presentation to Committee. - Garry H. Cubitt, M.S.W. Chief Administrative Officer .. Attachment A: Financial Impact of the Community Rental Housing Program and Appendices A-C - 69929 .. - Cl!J!-Y1gton REPORT' - PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, June 16, 2003 - Report #: PSD-081-03 File #: ZBA 2003/023 By-law #: - Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: THE KAITLlN GROUP ON BEHALF OF 1138337 ONTARIO INC. PORT OF NEWCASTLE - PHASE I, STAGE III - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. - 2. - 3. - THAT Report PSD-081-03 be received; THAT the request for Removal of Part Lot Control with respect to Lots 2 to 14 inclusive on 40M-2140 be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50(7.1) of the Planning Act; and THAT all interested parties listed in this report and any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. - Submitted by: David rome, MCIP, R.P.P. Director of Planning Services Reviewed bYO~ ~ Franklin Wu, Chief Administrative Officer - - - L T*DJC*sh June 9,2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 69930 - REPORT NO.: PSD-081-03 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: The Kaitlin Group on behalf of 1138337 Ontario Limited 1.2 Location: Part Lot 29, Broken Front Concession, Clarke Township, 40M-2140 (Attachment 1) 2.0 BACKGROUND 2.1 Phase I, Stage III of draft Plan of Subdivision 18T -91004 - registered Plan 40M-2140, consists of ten (10) lots for single detached dwelling units and thirteen (13) lots for semi- detached dwelling units. The application under consideration for the removal of Part Lot Control would apply to the thirteen (13) semi-detached dwelling units. 2.2 The request for the removal of Part Lot Control was submitted by The Kaitlin Group on behalf of 1138337 Ontario Inc.. The removal of Part Lot Control will permit the sale of each unit following their construction. 3.0 STAFF COMMENTS 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot control. Attached is a By-law (Attachment 3) to exempt the subject lands from Section 50(5) of the Planning Act. 3.2 In accordance with the procedures established in the delegation of these powers, Planning Staff will forwara to the Regional Planning Department the "Unit Type and Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By- law. 3.3 The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the by-law shall apply. Staff recommends that the by-law be in force for a three (3) year period following Council approval, ending June 23, 2006. 69931 .. .. - .. - - .. .. .. - ... .. - - - - .. .. .. .. REPORT NO.: PSD-081'-03 PAGE 3 .. 4.0 RECOMMENDATIONS - 4.1 Staff has no objections to the approval of a by-law exempting the subject lands from Part Lot Control as provided for in the attached by-law (Attachment 2). - - Attachments: Attachment 1 - Lots affected by Part Lot Control Removal Attachment 2 -By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table - - List of interested parties to be advised of Council's decision: - 1138337 Ontario Inc. Regional Municipality of Durham c/o The Kaitlin Group Ltd. 1615 Dundas Street East 1029 McNicol! Ave 4th Floor Lang Tower - Scarborough, Ontario P.O. Box 623 M1W 3W6 WHITBY, Ontario L 1 N 6A3 - - - - - - - - - 69932 - ATIACHMENT 1 - ~ <:t <:l 4.t i::' VJ ; .~~ --;;- ~~ o~ I-.. it <<-' o Q. - "- '" ~ J..... :11 :; :e l ::e .., <1 (; i -..J "- it , - /(] ~ " :; $ -..J :e .. .. - ~ ~ ~ ~~ ~ o..'f!( J...... i I... o~ Q:- -;1 Q.~ .. .. .. ... - .. 8( " oCif p......~9Q ~-o<.., - , ~'l """""" - - ~ - - Newcastle Key Map ~ - ZBA 2003-023 Part Lot Control - 40M-2140, Lots 2-14 incl. - - Owner: 1138337 Ontario Inc. .. 69933 .. 'all - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- - being a By-law to exempt a certain portion of Registered Plan 40M-2140 from Part Lot Control - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 2 - 14 inclusive on 40M-2140; - - 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) Lots 2 - 14 inclusive of 40M-2140. - 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 June 23, 2006 - - BY-LAW reada 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 2003 day of - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - 69934 - ATTACHMENT 2 ATTACHMENT 3 .. - PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE - Results of Part Lot Control Exemption on Unit Type and Number - Registered Plan: 40M-2140 By-law: ZBA 2003-023 Lots Unit Type (Number Results Affected 1 Semi-detached dwelling unit No Change 2 Semi-detached dwelling unit No Change 3 Semi-detached dwelling unit No Change 4 Semi-detached dwelling unit No Change 5 Semi-detached dwelling unit No Change 6 Semi-detached dwelling unit No Change 7 Semi-detached dwelling unit No Change 8 Semi-detached dwelling unit No Change 9 Semi-detached dwelling unit No Change 10 Semi-detached dwelling unit No Change 11 Semi-detached dwelling unit No Change 12 Semi-detached dwelling unit No Change 13 Semi-detached dwelling unit No Change 14 Semi-detached dwelling unit No Change Total 30 Units No Change - - - - - - - - - - - - - .. 69935 .. - - - - - - - - - - - - 4. - 5. - CI!J!.#1glDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 16, 2003 Report #: PSD-082-03 File #: PLN 8.6.5 By-law #: Subject: REQUEST FOR PARTIAL EXEMPTION TO THE BOWMANVILLE KING STREET EAST INTERIM CONTROL BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-082-03 be received; 2. THAT the application for partial exemption to the Bowmanville - King Street East Interim Control By-law submitted by Dana Anderson for the property at 234 King Street East be approved as per the by-law contained in Attachment 3 and the by-law be passed; THAT the application for partial exemption to the Bowmanville - King Street East Interim Control By-law submitted by Sib-Jel Investments for the property at 241 King Street East be approved as per the by-law contained in Attachment 4 and the by-law be passed; 3. THAT the application for partial exemption to the Bowmanville - King Street East Interim Control By-law submitted by George and Tony Tzalis for the property at 240-242 King Street East be denied; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - - - Submitted by: Reviewed by: o~~ -- [,,-~\. Franklin Wu, Chief Administrative Officer CP*DJC*sn June 9, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 69936 REPORT NO.: PSD-082-02 PAGE 2 1.0 APPLICATION DEl AILS 1.1 The Municipality has received requests from 3 individuals for partial exemption to the Interim Control By-law adopted in January 2003 (Attachment 1). The requests are as follows: - - - .. · Dana Grant - 234 King Street East, to permit a martial arts studio and video reproduction business in existing vacant 1850 ft2 floor space; · Sib-Jellnvestments - 241 King Street East, to permit a dental office to occupy a .. 1200 ft2 unit previously used by Mary Brown Chicken; · 591617 Ontario Limited - 240-242 King Street East, to permit a dance studio in a vacant existing 1000 ft2 floor space. _ 2.0 BACKGROUND 2.1 On January 6, 2003, Council adopted an Interim Control By-law 2003-001 for the area identified as the King Street East Corridor in Bowmanville (See Attachment 2). The Interim Control By-law has the effect of suspending the zoning rights in place on the'day prior to the adoption of the Interim Control By-law, and limits the permitted uses to those specified in the By-law for a period of one (1) year. In addition to uses legally established on the date of passage of the By-law, properties subject to the By-law may only be used for a limited number of uses including a bakery, a day nursery, a laundry- coin operated, a printing or publishing establishment, and service shop light. 2.2 In addition to adopting the Interim Control By-law, Council authorized staff to undertake a land use and urban design, and transportation study of the lands subject to the Interim Control By-law. The purpose of the study is to: i) Assess the appropriateness of existing land use designations and development policies within the King Street East Corridor Study Area; ii) Assess the appropriateness of existing zone provisions, including both permitted uses and development regulations; Hi) Develop a transportation and property access management plan that can safely and efficiently accommodate traffic from the anticipated growth of Clarington; iv) Prepare an urban design plan for future development and redevelopment in the Study Area; and, v) Prepare an implementation strategy for future growth in this area. 2.3 A total of five (5) appeals to the Interim Control By-law were received within the sixty (60) day appeal period. Staff were able to negotiate the withdrawal of two of the 69937 - - .. - - - - - - .. .. .. .. - - - - - - - - - - - - - - - - - - - REPORT NO.: PSD-082-02 PAGE 3 appeals, Bowmanville Mall and Jean-Coutu Group Ltd. (243 King Street East and 205 King Street East respectively), subject to certain use exemptions to the Interim Control By-law. The appeal period from these exemptions recently expired and no appeals were received. At this time an Ontario Municipal Board hearing has been scheduled to commence June 23, 2003 to hear the appeals from the passing of the Interim Control By-law, as well as the appeal by TDL respecting their site plan application and the removal of holding symbol from the C2 zoning of this site. The KFC appeal of their site plan application is scheduled for August 26 and 27,2003. 3.0 DANA GRANT - 234 KING STREET EAST 3.1 This property has a two-storey building with a total floor area of approximately 8000 ft2. The property has a frontage of 21 .11 m on King Street East. At the time of the passing of the Interim Control By-law the majority of the building was used for office space, although the rear half of the first floor was vacant (1850 fe). The last previous tenant in the vacant portion of the building was an office type use. Staff have had numerous discussions with Mr. Grant since the passing of the Interim Control By-law as to what uses may be permitted to occupy the vacant floor space. In his application, as revised, Mr. Grant has requested a partial exemption from the By-law to permit the vacant portion of the building to be used as a martial arts studio and a business dealing with audio and video reproductions. 3.2 The martial art studio is generally family oriented with its principal business being done after school hours and on weekends. These hours are generally not in conflict with the periods in which the existing uses in the building are most active. The 40 existing parking spaces provided on site are sufficient to accommodate the existing office tenants as well as the proposed martial arts studio and video reproductions use, based on the requirements of the zoning by-law. The video reproductions business has been described as a service that is predominantly undertaken over the internet or by mail, and few customers attend the premises. When the application was filed, a tanning salon was included in the list of uses proposed to be exempted. This use is no longer being pursued. 69938 REPORT NO.: PSD-082-02 PAGE 4 3.3 The request for partial exemption for 234 King Street East has been reviewed with Engineering Services and the Municipality's Transportation consultant, Totten Sims Hubicki. They advised that in their opinion, granting the partial exemption would not compromise the corridor study being undertaken. 4.0 SIB-JEL INVESTMENTS LTD. - 241 KING ST. E 4.1 241 King Street East is the end unit in a mixed used development with 6 commercial tenants on the ground floor and 2 floors of residential above. Access to the property is from Simpson Avenue. The property does not have direct access to King Street East. The parking area in front is developed jointly with the property to the west, 225 King Street East (IGA), which only has access to Frank Street. The applicant is proposing to replace an existing eating establishment use, Mary Brown's Chicken with a dental office. 4.2 The request for partial exemption from the Interim Control By-law has been reviewed with Engineering Services and Totten Sims Hubicki. In as much as the existing development does not have direct access to King Street East, and the peak hour traffic flows are being reduced, there is no objection from a traffic perspective. In as much as the unit is within an existing plaza providing sufficient parking based on the existing zoning requirements, there is no objection to the requested exemption. Granting of the partial exemption would not compromise the corridor study. 5.0 TONY & GEORGE TZALlS ( ONTARIO LTD.) - 240-242 KING ST. E 5.1 240-242 King Street East has a building of approximately 2760 ft2 on a parcel with 40 ft. of frontage and a lot area of 0.28 acres. The front half of the building is rented by a take out pizza place. The applicant's have requested partial exemption from the Interim Control By-law to permit a dance studio in the rear half of the building. 5.2 Staff have reviewed this request for partial exemption and determined that the proposed new use would require a total of 11 parking spaces. The owner submitted a sketch in support of the request showing how parking could be accommodated on site in the rear 69939 - - ... - - .. - - - .. - - - - - - .. .. - - REPORT NO.: PSD-082-02 PAGE 5 - of the building. Access to the parking was based on the use of the vacant abutting property to the west as a road. The proponents do not have legal access over the abutting lands to the west, and based on the survey submitted, there is only 8 ft between the existing building and the property line to provide access to the rear of the building. This does not satisfy the Zoning By-law minimum of 6 metres (19.68 ft) for 2- way traffic. The applicant is only able to accommodate five (5) parking spaces in front of the existing building. - - - - 5.3 In consideration of the deficiency in parking it is recommended that the request for exemption to the Interim Control By-law by Mr Tzalis be denied. - 6.0 CONCLUSION - 6.1 Based on the comments contained in the report, it is recommended that the request for exemption for 234 and 241 King Street East be approved and that the proposed By- - laws contained in Attachments 3 and 4 be adopted and that the request for partial exemption for 240 King Street East be denied. - Attachments: - Attachment 1 - Attachment 2- Attachment 3- Attachment 4- Location of properties requesting exemption Key Map Exemption By-law -234 King Street East Exemption By-law -241 King Street East - - Interested parties to be notified of Council and Committee's decision: - Tony Tzalis 591617 Ontario Limited 13 Bruntsfield Street Courtice, LIE 1 B4 Sid Jelinek Sib-Jellnvestments Ltd. 801 Eglinton Ave. W Suite 100 Toronto, M5N 1 E3 Dana Grant Friendly Landlord 73 Barley Mill Crescent Bowmanville, L 1 C 4E9 - - - - 69940 - ATT ACHMENT 1 ~ s ~ Cl .'i ~ ~ ------- 3nN3^,v SNI::IV3l"l , .... 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""0''-'''''''''' t;'I::lli;;,tl;~~~~ ~.;;~ ~i ~ '?-~ \ ~ ~.~~ /' S', 0 ,,~Y ~&e , "" ./'1". \. ~'" ~h / /''', /~/' / (\\O~: .~/ \" ~ ~ ~S' ~~!.- ~~ ~ 'd> )> 'O.~O ~ ~~ ~0\\( \ ' \ ~~~,~ w > a: o (/) III III o r-- f-- J: \~= m^8 1'---1 ~ ] 69941 .. ~ <( .....J I >- 1Il .....J o a: I-- Z o o ~ a: ,W I-- Z o I-- I-- o W J 1Il ::J en en o z <( .....J - - ... - - - - I...., ...... - .. - - - - - W .J .J :; Z < ~ ~ o m - .. ... .. ATTACHMENT 2 - - l- f- ~ I ~ ~ <t: ~ 0::: m --... ~ I!:= ~ <t: 240-242 King Street E~ C) t- I~I ct \ I 234 King Street East 1 " f- "'.... ~~ ~ STREET en I--~ CLlM w - W r- W C) 0::: ~ "-- 0::: - (/) 0 - -- w - - C) I--- . ~ (/) f-- . (/) KING STREET - I- EAST . ~ ~ (/) I- 0::: W W C) ~ m 0::: w ~ 0 w J ~ 0::: W ~ C) (/) l- . STREET ~ t- (/) ~ '--- I 241 King Street East ~ HC ~ ~- z w <t: ::> 0::: z lL. W ~ ~-~ PRINCE STREET z 0 I I I I I I I I I I I ~ - - - - - - - - - - - - - - - - Bowmanville Location Map PLN 8.6.5 - 69942 ATTACHMENT 3 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2003- - - being a by-law to amend Interim Control By-law 2003-01 as it applies to the lands and premises known as 234 King Street East, Bowmanville - THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON hereby enacts as follows: 1. None of the provisions of section 1 of By-law 2003-01 shall apply to prohibit the use of not more than 1,850 ft2 of an area contained in a building located on the lands known in 2003 for municipal purposes as 234 King Street East, Bowmanville and shown on the map attached to and forming part of this By-law, for the purposes of a private club for the teaching and practice of martial arts and a business, professional or administrative office for the provision of services to the public related to the making, conversion or alteration of audio and video recordings as permitted by By-law 84-63, as amended, as it stood on January 5, 2003. .. .. .. 2. For the purposes of this By-law, the terms "private club" and "business, professional or administrative office" have the same meanings as were assigned to them by section 2 of By-law 84-63, as amended, as it stood on January 5, 2003. .. .. 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 .. .. - .. 69943 .. .. Attachment "A" - '- ~ - I ~ ~ <( ~ ~ CD "'"' --.J I- W <( 0::: ~ () ::) > 0 () 0::: \ f-- (f) a.. Itr-~ e" '-" f-- Z 2: ~ 234 King Street East I /b ~ en I--- CLlM STREET - -I- - r-- W W - W () ~ - ~ '--- ~ 0 if) I-L-- W - "-- () .- "-- ~ if) - . '---- if) KING STREET EAST - ~ if) I- - ~ w w C> ~ W CD ~ w J ~ 0 ~ :s w ~ () if) STREET ~ if) I- L-..- HC ~ z w <( ::> ~ z l.J.... W ~ ~-~ z PRINCE STREET 0 if) I 11 I I 0.... I ~r ~\ I ~ I I I I I I I - - - - - - .. - .. .. .. - .. - - - - f)99L14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2003- being a by-law to amend Interim Control By-law 2003-01 as it applies to the lands and premises known as 241 King Street East, Bowmanville THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON hereby enacts as follows: 3. None of the provisions of section 1 of By-law 2003-01 shall apply to prohibit the use of not more than 1,200 ft2 contained in a building located on the lands known in 2003 for municipal purposes as 241 King Street East, Bowmanville, which is shown on the map attached to and forming part of this By-law for the purposes of a business, professional or administrative office for a dental office as permitted by By-law 84-63, as amended, as it stood on January 5, 2003. 4, For the purposes of this By-law, the terms "business, professional or administrative office" has the same meanings as was assigned to it by section 2 of By-law 84-63, as amended, as it stood on January 5, 2003. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of John Mutton, Mayor Patti L. Barrie, Municipal Clerk 69945 ATTACHMENT 4 - - - ... ... - ... ... 2003 ... 2003 - 2003 - ... - - - .. .. .. .. - Attachment "A" - I- ~ - I ~ I- <( ~ 0::: u CD 0::: ,-... ....J r- w <( I 0::: ~ ~ ::::) > 0 () 0:: \r'\ en a.. - C-' ......... 'r-.. - z ~ / ~ 111 '--- CLlM STREET ::::----' f--I- I--- r- W W - W ~ 0::: - 0::: I-- I- 0 (f) f--L- W ~ f-- ~ . i--- f-- I- (f) - . (f) KING STREET EAST - . I- (f) I- - 0::: W W ~ I- W CD 0::: W J ~ 0 0::: ::J w I- ~ (f) STREET I- (f) ~ ~ ~ 241 King Street East HC '--- ~ z w <( => 0:::: Z lL. W ~ ~- I I A z r-- PRINCE STREET 0 (f) I 1 0.... ~ t'-.\ I I I I I 1 I I f.,994h - - - - - - - - - - - - - - - - - - - - - - ... - ... - ... - ... - - - - .. .. - - Cl!J!.mgfOn REPORT - PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday June 16,2003 Report #: PSD-083-03 File #: PLN 18.1.5 By-law #: - Subject: ORONO BIA SIGNAGE - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. - 2. THAT Report PSD-083-03 be received; THAT $4000.00 be advanced, as an interest-free loan, to be repaid over the next 2 years for the Orono BIA to produce and install entry signage to the village; - 3. THAT the remainder of the funding be subject to discussion with the Orono BIA regarding a contribution from their existing funds; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: Reviewed by: (J~~ Franklin Wu, Chief Administrative Officer - - a J. Crome, MCIP, R.P.P. Director of Planning Services - FL *DJC*sn June 9,2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 69947 REPORT NO.: PSD-083-03 PAGE 2 1.0 BACKGROUND Further to a Council directive from February 24, 2003, staff was instructed to review options with respect to the concerns of the Orono Business Improvement Association. Suzanne McCrimmon, Economic Development Officer; Faye Langmaid, Manager of Special Projects and Councillors Trim and Robinson met with representatives of the Orono BIA in April. At that time, short - term and longer term initiatives were discussed. Subsequently discussions were held to review the possibility to "fast-track" the signage initiative. The Orono BIA has submitted a letter (attached) requesting an interest free loan of approximately $8,000.00. 2.0 SHORT - TERM INITIATIVES The BIA has identified an immediate need for cross-marketing between a number of the attractions and businesses in the area. The BIA is working on a brochure for distribution at the Arena, Cat Jungle World and other attractions that will be published and available this summer. The 2003 BIA levy ($6,000) is allocated for this initiative. In addition, the need for improved entry signage from Taunton Road, Hwy 115/35, directional signage from Baseline/Ochonski Roads and the need for a plan for the future improvement and marketing of Orono was identified. The Orono BIA has an arrangement with a property owner near Taunton Road to place an entry sign in his field. The BIA is seeking permission from the Orono Fair Board and MTO to place signs along Hwy. 115/35. The Manager of Communications and Tourism is developing a photo montage based on impressions of Orono for an entry sign, much like the "Come and Explore! Clarington" signs along the 401. The Clarington Board of Trade and Orono BIA in partnership with the Municipality are hosting a community forum on June 18th at the Orono Town Hall. The forum will include discussions with professionals that have experience with other small communities that have transformed themselves into tourism attractions. The forum will allow the community to generate ideas of how they see the future of Orono unfolding. 69948 .. - - .. - - .. - - .. - .. - - - - .. .. ... - REPORT NO.: PSD-083-03 PAGE 3 - 3.0 LONG - TERM INITIATIVES - As a longer term project the desire for an overall community improvement plan (CIP) is a possibility. The Official Plan identified Orono as a special study area. Planning Services workplan includes Orono as a priority for additional policy and planning work. - - 4.0 FUNDING - The Orono BIA has requested an interest free loan of $8,000.00, the funding will be used to undertake the much needed entry signage, immediately. The Orono BIA has previously been granted an interest free loan of $3,500.00 for Christmas lighting. Providing an additional $8,000.00 would severely limit any BIA initiatives over the next 2 years. Therefore it is respectfully recommended that Council grant 50%, or $4,000.00, of the funding request. The remainder of the funding would be subject to a discussion with the BIA regarding their existing invested funds. - - - - The Director of Finance/Treasurer has reviewed this report and concurs with this recommendation. - - Attach ments: Attachment 1 - Letter from Evelyn Rozano, Orono BIA - - - - - - 69949 - ATTACHMENT 1 - ~lOrl/ .. RECEIVED JUN 0 9 2003 .. June 9, 2003 Mr Mayor and the Council Municipality of Clarington .. Dear Mayor Mutton MUNICIPALITY OF CLARINGTON COUNCILLOR'S OFFICES .. I would like to first thank you for listening to the corncerns that the business people of Orono have voiced. We enjoy working in this community and supplying our custom~rs with knowledgable and personal service. - .. At this time we would like to change and add to the signage for Orono. Presently we have it large billboard on the east side of Highway 35/115 south of town which needs updating. We would like to add another billboard north of town also on the highway. At the same time we have no signs on the Taunton Road and would like to rectify this. We intend the signs to relate to each other and project ourselves to travellers. .. .. With the help from your staff we have been able to get some basic costs. The billboards will cost $2,600.00 each (unstalled) and I do not have costs on the smaller Taunlon Road signs. The Orono BIA would like to ask council for an interest free loan for aproximately $~,OO().OO toenabJe us to proceed with this project. This figure is an estimate only and I (1m sorry that I do not have more solid numbers. - - We fcellhal new and additional signage will help attract new people to stop in town and enjoy our lovely Main Street. We have so much to offer visitors and townspeople alike. ~ ... - Evelyn Rozario President Omno Business Improvement Association - cc: G.Robinson,J.Cooke - .. 69(150 j~ - - C!![#]gton REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, June 16, 2003 Resolution #: EGD-21-03 File #: By-law #: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2003. - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-21-03 be received for information. - - - .. - //! Submitted by: iJ(f~ A. S. Cannella, C.E.T. Director of Engineering Services j. on,&-..n Reviewed b: ~. ----.c 1. Franklin Wu Chief Administrative Officer .. .. - ASC*RP*bb June 5, 2003 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-6506 701 - REPORT NO.: EGD-21-03 PAGE 2 .. .. 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of May 2003, Staff wish to highlight the following statistics for the information of Committee and Council,. .. ... MONTH OF MAY YEAR TO YEAR TO DAlE % CHANGE OF 2003 DAlE 2003 2002 VALUE YTD 03-02 Permits Issued 109 471 386 VALUE OF CONS1RUCTION Residential $8,597,326 $53,528,073 $37,534,073 42.6% Industrial 0 $50,000 $368,142 -86.4% Government 0 $0 $305,000 N/A Commercial $760,200 $1,120,311 $168,261 565.8% Institutional $0 $322,00 $957,62C -66.4% ~gricultural $190,900 $294,99 $381 ,250 -22.6% Ontario Hydro $870,000 $987,00 $430,000 129.5% Miscellaneous $18,400 $62,40 $543,874 -88.5% ~OTAL $10,436,826 $56,364,780 $40,688,22C 38.5% lIIIlII ... .. lIIIlII .. .. The following is a historical comparison of the building permits issued for the month of "MAY" and "YEAR TO DAlE" for a three year period. .. Historical Data for Month of'MA Y" Historical Data "YEAR TO DATEn I- I I.. I I I .. I r $12,000,000 $6,000,000 $60,000,000 $2,000,000 $10,000,000 $10,000,000 $50,000,000 $8,000,000 $40,000,000 $30,000,000 $4,000,000 $20,000,000 2003 2002 2001 mvalue $10,436,826 $11,152,511 $6,099,131 2003 mvalue $56,364,780 2002 $40,688,220 2001 $24,544,822 ..l I r $0 $0 IlIII 702 IllII .. REPORT NO.: EGD-21-03 PAGE 3 - - - 10 Townhouse--..., 20% '" Dwelling Unit Type liMA Y 2003" o /~ Apartment // 0% 21 Single / Detached 41% Dwelling Unit Type "YEAR TO DATE 10 2003" Townhouse-, 3%"~ 1 Apartment 0% - .. 20 Semi- Detached 39% 148 Semi- Detached 45% 169 Single Detached 52% - - OSingle Detached 21 II Semi-Detached 20 II Townhouse 10 CJ Apartment 0 OSingle Detached 169 -Semi-Detached 148 -Townhouse 10 EllA artment 1 ... - 1.2 With respect to non-residential building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: .. APPLICANT CONSlR TYPE LOCATION VALUE .. 1502 Highway #2 $350,000 2151 South Service Rd $870,000 The TDL Group Ltd. Tim Horton's Ontario Power Gen. Plumbing - - .. ... - - Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical Comparison of Building Permit - 703 Municipality of Clarington Building Services - Monthly Activity Report .. May 2003 ... 2003 2002 Type of Construction May Year to Date May Year to Date Residential: Single Detached 21 169 40 161 Semi-Detached 20 148 16 66 Townhouse 10 10 0 8 Apartment 0 1 1 3 Other Construction 30 79 13 43 Sub Total 81 407 70 281 Industrial: New Building 0 0 0 3 Addition! Alteration 0 1 0 2 Sub Total 0 1 0 5 Government: New Building 0 0 0 0 Addition! Alteration 0 0 1 3 Sub Total 0 0 1 3 Commercial: New Building 3 3 0 0 Addition! Alteration 5 15 1 5 Sub Total 8 18 1 5 Institutional: New Building 0 0 0 1 Addition!Alteration 0 3 0 1 Sub Total 0 3 0 2 Agricultural: New Building 2 5 1 4 Addition! Alteration 1 1 0 1 Sub Total 3 6 1 5 Ontario Hydro: New Building 0 0 0 0 Addition! Alteration 1 3 1 3 Sub Total 1 3 1 3 HV AC, Plumbing & Miscellaneous: 12 23 37 73 Demolition: 4 10 3 9 TOTALS 109 471 114 386 2003 2002 May Year to Date May Year to Date Residential: $8,597,326 $53,528,073 $10,748,782 $37,534,073 Industrial: 0 $50,000 0 $368,142 Government: 0 0 $250,000 $305,000 Commercial: $760,200 $1,120,311 $10,000 $168,261 Institutional: 0 $322,000 0 $957,620 Agricultural: $190,900 $294,996 $25,000 $381,250 Ontario Hydro: $870,000 $987,000 $10,000 $430,000 Miscellaneous: $18,400 $62,400 $108,729 $543,874 TOTALS $10,436,826 $56,364,780 $11,152,511 $40,688,220 ... ... \III ... .. ... ... .. .. ... - .. .... ... ... .. 704 ... - .. .. May 2003 2003 2002 PERMIT FEES May $67,198 Year to Date $204,000 Year to Date $385,300 May $49,119 - 2003 2002 May Year to Date May Year to Date Building Inspections 496 2231 536 1899 - Plumbing Inspections 456 1999 510 2273 TOTALS 952 4230 1046 4172 .. 2003 2002 .. May Year to Date May Year to Date Single Detached 21 169 40 161 .. Semi-Detached 20 148 16 66, Townhouse 10 10 0 8 Apartments 0 1 30 32 . TOTALS 51 328 86 267 - .. .. .. .. - .. - .. - YEAR: 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 AREA (to month) Bowmanville 179 345 312 188 184 313 423 217 229 406 301 Courtice 73 133 129 231 296 254 295 331 170 388 232 Newcastle 48 131 76 110 78 4 5 3 4 6 Wilmot Creek 14 38 24 19 21 33 21 16 16 10 10 Orono 1 1 1 2 3 Darlington 6 17 47 102 31 14 20 17 21 11 9 Clarke 5 15 9 17 17 12 20 10 7 8 6 Burketon 1 1 1 1 2 2 1 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 1 1 1 2 1 2 2 1 3 Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Corners Newtonville 3 3 1 2 2 Solina 2 1 1 1 1 Tyrone 9 3 TOTALS 328 701 609 679 640 636 801 601 447 834 572 705 .. .. .. - .. - ... .. .., .. .. .. ... .... ... ... .. III .. .. .. CIOCfflgron REPORT - ENGINEERING SERVICES - Meeting: - Date: Report #: - Subject: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JUNE 16, 2003 EGD-22-03 File #: TR.20.13 By-law #: CLARINGTON TRANSIT QUARTERLY STATUS REPORT FOR FIRST QUARTER 2003 - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-22-03 be received for information. .. .. .. Submitted by: Anthony Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ~ ()~~~~ .. ASC*jb*ce .. .. ... ... .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - 7nh .. REPORT NO.: EGD-22-03 PAGE 2 .. 1.0 BACKGROUND The Clarington Transit system has been in operation for approximately nine months now 11II and this is our first quarterly report for 2003. The information contained within this report should be read in conjunction with the Clarington Transit information found in the Cash _ Activity Report FND-017-03 prepared by Finance. .. 2.0 INPUT FROM OTHER SOURCES We have received monthly ridership data from the Oshawa Transit Commission. ... 3.0 ANALYSIS In Report EGD-10-03 we reported that in the first four months of operation Clarington Transit had recovered approximately 34% of operating expenses during this period. Initial figures were optimistic because, as reported, a new transit operation typically recovers approximately 30% of its operating expenses. While we hoped to maintain or exceed these figures in the first quarter of 2003, Clarington Transit was faced with a labour related service disruption when, at noon on March 3, 2003, Oshawa Transit's unionized employees initiated a full work stoppage. Management and staff at Oshawa Transit worked very hard to settle this labour dispute and their efforts were successful when on March 19, 2003 the 15-day strike ended. .. ... ... .. .. .. It was not unexpected that first quarter statistics for 2003 would indeed reflect the impact of the two-week service disruption in March. What is encouraging is that statistics for the second quarter (not yet reported) appear to indicate that ridership numbers have returned to their pre-strike levels, and possibly beyond. Before and after the service disruption Clarington Transit staff, with the help of Oshawa Transit, made a very conscientious effort to keep the public and the school boards fully informed. Ridership statistics suggest that although there was some inconvenience to our riders, satisfaction levels with the service and with our communications efforts were enough to maintain public confidence in Clarington Transit. .... ... - fIII/!I ", ... 707 .. ... REPORT NO.: EGD-22-03 PAGE 3 - 4.0 RIDERSHIP - .. January February March 2003 2003 2003 Total Adult 2823 2712 1086 Ridership Total Student 6373 8345 2973 Ridership Total Sr.lChild 632 628 364 Ridership Total Monthly 10349 12165 4702 Ridership Average Daily 431 506 427 Ridership based on 24 service based on 24 service based on 11 service days and one P.A. days days (due to service day disruption) Total Transfers 521 480 279 .. .. - ... - .. .. 5.0 CONCLUSION After a review of both the financial and ridership data for the Clarington Transit Service to March 31, 2003, we are encouraged by the ridership statistics we are seeing. Customer satisfaction appears to be very positive and we are continuing to actively promote the service. - - ... During the week of June 2, 2003 Clarington Transit hosted three full morning educational sessions for primary school classes at the Municipal Administrative Centre. Staff made special arrangements for 30 students, along with parents and teachers, to participate each morning in "learn to ride the bus" sessions at town hall. After each session students were invited to ride the bus during what was a fully narrated introduction to the service. As a final gesture each student was provided with a Clarington Transit promotional package, snacks and drinks. Response to this program was extremely positive and staff intend to continue to promote Clarington Transit through such endeavours. - - .... .... - 708 ... .. ... . .. .. ... .... ... .. ... .. .. ~ .. ... .., ... .. ... -Cl.&:mgron - REPORT ENGINEERING SERVICES - Meeting: .. Date: Report #: ... Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JUNE 16,2003 EGD-23-03 File #: PB.70.27 By-law #: SERVICE CLUB/COMMUNITY ORGANIZATION SIGN REQUESTS - .. 1. - 2. - 3. - .: - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report EGD-23-03 be received; THAT, in the future, any group requesting addition to the "Community Organization Signs" be forwarded directly to the Director of Engineering who will perform an eligibility review, determine site location and advise the applicant. THAT the Director of Engineering Services contact Junior Achievement and the Boy Scouts to advise them of the approval of their requests. ~t1ti~ ()~"J!Jl-: ~ Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer RDB"ASC"ce - June 9, 2003 ... ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - 709 REPORT NO.: EGD-23-03 PAGE 2 ... .. 1.0 BACKGROUND At a meeting held on November 26, 2001, the Council of the Municipality of Clarington .. received correspondence dated November 7, 2001 from "Junior Achievement Durham Region" regarding inclusion on the municipal service club sign and passed the following .. resolution: "THAT Correspondence Item D-7 be referred to staff for investigation and preparation of a report to the General Purpose and Administration Committee." 2.0 REVIEW 2.1 Service Club Policy The Municipality has no formal written policy on service clubs but has generally followed the following guidelines. Service Clubs wishing to be included on the service club signs have been approved through the Mayor's Office. If approved, the clubs have purchased their organization's sign-shields in a size not to exceed 60 x 60 cm (24"x 24"), preferably in a reflective material, and supplied them to the Operations Department which installs the sign(s) free of charge. Municipalities generally have expanded use of these signs not only to "Local Service Clubs" but to other non profit community organizations. To make the sign description more current, the signs should be referred to as "Community Organization Signs" rather than Service Club signs. 2.2 Existina Groups Displayed The number of approved groups already exceeds the number of spaces available however, there is still some space available because a number of groups have provided signs smaller than the maximum size of 60 x 60 cm and some groups have only displayed sign-shields on one entrance to a community rather than all locations. There are approximately 31 groups which could request to have their sign-shields displayed while most Community Organizations Signs only display 12-16 groups. 710 ... ... .. ... filii .. .. .. .. .. .. ... "" . .,1 .. REPORT NO.: EGD-23-03 PAGE 3 - 2.3.2 Boy Scouts This organization has also verbally requested inclusion on the sign in Bowmanville. This group is based in Bowmanville and serves all of Clarington with 7 groups in Bowmanville and 2 in Newcastle. As the group meets the criteria, Staff suggests that this organization be permitted to display one shield at the Bowmanville west location, which is the same location where the Girl Guides are posted. - 2.3 2.3.1 - .. - - - .... - ... .. 3.0 .. .. - New Requests for Inclusion on the Signs Junior Achievement Durham ReQion Junior Achievement is a non-profit educational organization which is Provincially recognized, serves all of Durham Region, and is based in Oshawa. Oshawa has approved the installation of this group's signs when the new Community Organization signs are constructed in Oshawa. Although this group is not directly based in Bowmanville, it does work in the local Clarington schools with both the separate and the public boards of education and draws volunteers and local funding initiatives from Clarington. As the group meets the general criteria, Staff suggests that this organization be permitted to display one shield at the Newcastle south location to represent their efforts in the Clarington area as a whole. CONCLUSION It is suggested that future requests for inclusion on the community organization signs be forwarded directly to the Director of Engineering Services to determine which groups qualify and to determine if space is available. Applicants must be a non-profit organization operating on a provincial or national basis, the purpose of which is to promote local community welfare and further the interest of its members. - Attachments: ... Attachment 1 - Key Map Attachment 2 - Letter Dated November 7,2001 Junior Achievement - - 7 1 1 .. REPORT NO.: EGD-23-03 PAGE 4 .. Interested parties to be advised of Council's decision: .. Junior Achievement of Durham Region Brad Savage, Resource Development Co-ordinator One Mary Street North Oshawa, ON L 1 G 7W8 .. ... Mr. Jim Simpson Boy Scouts of Canada 7 Hailey Court Bowmanville, ON L 1 C 3X5 .. .. .. lIIIlII .. ..!' .Ii .. .. .Ii .. .., III 712 III ... / ,/ Il \ \--~/ '-.0 ..~ .. - .. j \/ f , '---\~ ... , L__ \ , \ \ '0, \ \ \ \ \ ) ~\ '. ; - - .. - '...~"""""--.._" \ ""\-:'\>' \"'f ") ( - - - ----.....l.......__J - .. . Locations of 6 existing service club/community organization signs NOTE: Clarington is responsible for these signs on both local and regional roadways. - - - ... - II) ) if) r; IV W~e s '~'" , ~ ! Ll ... /) .~, (}5 )~ ~ ';1='" ), II j ,,,rv ./ "'-1---- ,/ r-. t' {~- L,/ I , ) ~ I (.' .~ Y\/' S -~ y I \ )-~~- I ,...1._, '\ r- (' ('r -------\ en '5 € c( V'(, i, i I " ( .[ -'-+- J )1''''~'' ~f .- . " , . (.'~\-" / ,\c:-./.') hd ... . " )J'\\jl .- '-..'. U \'.. / ~, 1._ ~~,-~.'~__,~;C_ ',-< .... ...........--..../ Engineering Services REPORT EGD-23-03 ATTACHMENT NO.1 June 9, 2003 .. ? ATTACHMENT NO.: 2 REPORT EGD-23-03 .. ~ . Junior c~Achievemenr I .n.. 'I.u.y ,"trt""'t \urth DURHAM REGION II.ha..... u'\ 1.11; 7\\'1l I'hnn.. 'IH,~ ,U:! :! II):! Fax IIll:; I:l:! 7:;),1 H""'''''t'rt'd Charil" "llll'J7fl:llJ7RROOO I .. I .,~.., ~.":--'-"'-~-:,~, , . .. Nov. 7.2001 . .. , .. - ., Mayor John Munon Municipality of Clarington 40 Temperance 5t. Bowmanville. ON L1C 3A6 ;!QV - .., 2GU1 .. .. Dear Mayor Munon: .. Junior Achievement of Durham Region kindly requests that we be considered for inclusion on the Service Clubs/Community Groups signs at the entrances to urban areas within Clarington. As you may be aware. Junior Achievement serves all of Durham Region and is represented on a continuing basis in Clarington's public and separate schools. In addition. we are grateful for the volunteer and investor suppon generated by members of this municipality. ... .. Each year. Junior Achievement of Durham Region presents programs in schools such as Business Basics, which provides Grade 5 and 6 pupils with infonnation on organization and operation of business: and the Economics of Staying In School for Grade 8 children. a comprehensive program that influences those at risk of leaving school prematurely and reinforces those who intend to graduate. - During this school year. we are expanding the Economics of Staying In School from several individual days to an entire week. April 22-26. 2002. serving 10.000 Grade 8 students in 180 schools and 300 classrooms. This is roughly double the volume of the same program in the previous school year. .. Our organization is non-profit and while we are not a service club. we are a community-based service with a volunteer board of directors drawn from local sources. ... Should we qualify for placement on the municipal gateway signs. we would appreciate any infonnation on what the process entails and we would be happy to co-operate in any way possible. .. Our goal is to widen the ever-growing recognition of Junior Achievement in Durham Region and to expand upon the work we now do. .. Thunk you fer your kir.d anention to our req~est. :."':'~..".i''';U- "1"1'" " .. ,-- -. . . '-.. . =- f..~~:f.. . ......._~............__.. .. ~J,5:~ ,.,.,,,.EY,~ . , - : j'l If'_ I ~ I ..,. . I .j:~;."IN. ,L, I : . !~;;---T~ - I ,..),,1(3 ;.,; r - Yours truly. !-- ...-----. , I ,- I I ...-.......---.--.... I -' Brad Savage Resource Development Co-ordinator 905-432-2492. EXT. 202 .. I -,~....-.~.- .'--.............. -...~. ...-...-----' . --y--,.... --- C I ' - I ,~'- 714 1:\TE~T1,W; 1.\ OCR }UUTH... LV~;ES1'1\(; I,V ()fTR FTiTl'RF .. REPORT tl!l!il!glOn - ENGINEERING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE June 16, 2003 EGD-24-03 File #: TR.10.07 By-law #: PROGRESS REPORT FOR RADAR MESSAGE BOARD PROGRAM REVIEWS OF: LONGWORTH AVENUE, BOWMANVILLE AND OLD SCUGOG ROAD, FORMER TOWNSHIP OF DARLINGTON .. RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report EGD-24-03 be received; .. 2. - 3. - 4. - 5. .. - .. .. .. THAT the lead petitioner from Longworth Avenue be advised that based on existing traffic volumes and speed there are no traffic calming measures required for this street but that the area will continue to be monitored by staff for future safety concerns; THAT the lead petitioner from Old Scugog Road be advised that based on existing traffic volumes and speed there are no traffic calming measures required for this street but that the area will continue to be monitored by staff for future safety concerns; THAT residents be encouraged to contact Engineering Services to use the Radar Message Board and utilize the Road Watch Program; THAT Durham Regional Police continue to provide periodic police enforcement where necessary; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 71'1 .. REPORT NO.: EGD-24-03 PAGE 2 .. 6. THAT the interested parties listed within this report be provided with a copy of this report and Council's decision. .. .. -. /- I l ~1t,J .. (j~~~ iii Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer .... RDB*ASC*ce June 9, 2003 .. .. .. .. .. .. .. .. ... .. .. 716 .. .. REPORT NO.: EGD.24.03 PAGE 3 .. - 1.0 BACKGROUND 1.1 To help review, validate and compare traffic concerns the municipality introduced two programs during 2003. - - Radar Message Board Program: This is a new innovative initiative utilizing a retired police officer to monitor and educate motorists by using the municipal Radar Message Board. The licence plate numbers of aggressive drivers are reported through the Road Watch Program which involves a series of communications between the police and registered owner of the vehicle. This staffed program was introduced to target areas of high complaints and validate or refute concerns of aggressive driving behaviour. This program has been very successful with a number of key areas targeted for monitoring and subsequent police enforcement. Durham Regional Police are very supportive of this program. Although this staffed program has great benefits, it has time limitations due to budget constraints. Residents must also be encouraged to use the Road Watch Program and if possible actively participate by borrowing the Radar Message Board to help validate speed concerns in their community and educate local and through traffic of safety concerns. - .. .. - .. .. - Traffic Counter/Classification Program This program, using electronic counting equipment connected to road tubes purchased during late 2002, has been valuable in determining where volume and speed concerns are the greatest. This equipment can collect data for one day or be left for several days to determine weekly traffic trends. Vehicle classifications can also be recorded to determine truck traffic volumes. Electronic counters are able to collect date for extended periods of time with a minimal amount of labour costs. - - .. - The above programs were used to review and monitor Longworth Avenue and Old Scugog Road. - - 717 - REPORT NO.: EGD-24-03 PAGE 4 .... .... 1.2 Longworth Avenue, Bowmanville At a meeting held on April 14, 2003 Council approved recommendation #GPA-168-03: - "That the delegation of Arden Braun be referred to the Director of Engineering Services and the Clarington Traffic Management Advisory Committee." 1.3 Old SCUgog Road, Former Township of Darlington At a meeting held on May 12, 2003, Council approved the following recommendation: "That the delegation of Mr. and Mrs. F. Acolina be referred to the Director of Engineering Services and the Clarington Traffic Management Advisory Committee." 2.0 COMMENT 2.1 Longworth Avenue, Bowmanville - Request for Traffic Calming The petition from residents of Longworth Avenue between Scugog Street and Liberty Street noted an increase in traffic and an increase in persons exceeding the posted speed limit of 50 km/hr. Residents feel traffic calming measures are needed on Longworth Avenue due to the existence of the elementary school, and the large number of children living on Longworth Avenue. Volume and Speed Review Longworth Avenue is a major collector roadway, designed to carry significantly higher traffic volumes in coming years as the road is extended to Regional Road 57 and additional development occurs. .. .. .. .. ... ... ... .. .. .. .. ... .. Durham Regional Police reported that speeds they monitored on Longworth Avenue were considered unusually low given the wide pavement width and that it may be more III of a perceptual concern of the residents. The Radar Message Board Program was also used at this location on May 7,2003 for 2 hours and twenty minutes 10:50 a.m. to 1 :10 .. p.m. resulting in only one vehicle being recorded at a top speed of 64 km/hr. 71R · .. REPORT NO.: EGD-24-03 PAGE 5 .. A more extensive study using the traffic counter/classifier at St. Elizabeth Separate School produced the following results: - - Vehicles Date - May 1/03 Thurs May 2/03 Fri May 3/03 Sat May 4/03 Sun Summary 2448 2344 2121 1654 .. .. .. Average 50%i1e 85%i1e Speed Speed Speed 45.09 49.48 59.20 45.36 49.41 58.91 48.57 50.64 59.19 47.65 49.68 58.61 46.67 49.8 58.98 Student Safety This safety aspect is provided for by an adult crossing guard. During school crossing periods, vehicular speeds of through traffic average closer to 45 km/hr. Recommendations Based upon the data and comments collected from a number of sources, including the Clarington Traffic Management Advisory Committee, the operating speeds are considered safe and staff do not feel that any traffic calming measures are needed on Longworth Avenue at this time. Traffic volumes and speeds will continue to be monitored to ensure public safety. 2.2 Old ScugOg Road, North of Regional Road 57 Request to desiQnate Old SCUQoQ Road from ReQional Road 57 to Taunton Road as "Local Traffic Only" A public roadway is open to all users and there are no legal means to provide such a "local" designation or enforce it. During construction projects, temporary "Local Traffic Only" signs are sometimes installed to discourage through traffic but it is not enforced and often not effective. There is no legal or effective way to implement this request. .. .. - .. .. .. .. - - - - 719 REPORT NO.: EGD-24-03 PAGE 6 till ... Request to install speed humps similar to Athol Street in Oshawa The City of Oshawa installed the humps on Athol Street to effectively reduce the volume .. of traffic by shifting it to other streets. At this point in time the Clarington Traffic Management Advisory Committee, Staff nor Council have considered any locations in .. Clarington to be hazardous enough to consider recommending speed humps. Staff have consulted with a number of stakeholders and do not feel that Old Scugog Road has ... traffic conditions that would justify speed humps at this point in time. Previous requests from residents for unwarranted all-way stops at the low volume intersecting courts to .. deter traffic have also been denied. Requested Speed Reduction from 50 to 30- 40 km/hr from Reqional Road 57 to Buttery Court to Improve Pedestrian Safety The posted speed limit in a semi-rural area outside of an established Hamlet is usually posted at 60 km/hr, while this area is already posted at 50 km/hr. In the posted area of 50 km/hr the average operating speed was recorded as 61.7 km/hr. In accordance with the Highway Traffic Act, the Municipality can not legally post a regulatory speed of less than 40 km/hr. The homes are spaced well apart and back from the roadway removing any sense of an urban setting. Traffic volumes of 1,500 vehicles per day should not present major conflicts with pedestrians using the gravel shoulder or edge of pavement. Sidewalks are not provided for in rural estate settings. Street lights are present but illumination levels are not ideal due to spacing of the utility poles. As a safety precaution, night time pedestrians on any public roadway should wear light coloured clothing and walk facing traffic. Motor vehicle collisions were reviewed and do not indicate serious safety concerns which would justify further speed reduction. If a 40 km/hr speed zone were implemented at this location it would create increased demands for lower speed limits on other municipal roadways and have financial and enforcement implications. A posted speed reduction is not recommended. 720 ., .. ... till - ... ... .. ... .. ." .. .. - REPORT NO.: EGD-24-03 PAGE 7 - - The Radar Message Board Program using a retired police officer has been scheduled to monitor this location but residents should also be encouraged to borrow the radar unit. Durham Regional Police will also be encouraged to provide periodic speed enforcement. - Reduce Speed Limit from Buttery Court Northerlv up to Taunton Road - The speed limit from Taunton Road to 600m southerly was reduced from 80 km/hr to 60 km/hr during 1998 to encourage motorists to adjust speeds as they approached the - traffic signals and entered Hampton. Average speeds in the posted 60 km/hr zone are approximately 65 km/hr. Spot speed studies in the 80 km/hr zone indicted that speeds - are reasonable with average operating speeds of approximately 74 km/hr which is below the 80 km/hr limit. The road section from 600m south of Taunton Road to Buttery Court - will be considered for a speed reduction from 80 km/hr to 60 km/hr if more development should occur, but is still premature in this rural area. - - Concerns of Traffic Volume Increase and Alternative to ReQional Road 57 The road surface has had a few spot repairs but is in relatively good condition. This roadway is not being damaged by excessive traffic volumes. In 1998 a count showed a traffic volume of approximately 1,200 Vehicles per day while counts during 2003 showed volumes of approximately 1,500. This increase in volume is not considered dramatic as many municipal roadways are experiencing similar trends and no corrective action is deemed necessary. - - - - 3.0 CONCLUSIONS Traffic will continue to be monitored in these two areas of concern using combinations of the Radar Message Board Program, Traffic Counter/Classification Program and periodic police enforcement. Traffic calming will only be considered under justifiable circumstances. Residents should be encouraged to make use of the available Road Watch Program by reporting aggressive drivers and borrow the radar message board if they wish to verify vehicle speeds. - - - - - 72' .. REPORT NO.: EGD-24-03 PAGE 8 .. Attachments: Attachment 1 - Key Map Longworth Avenue existing and future Attachment 2 - Key Map Old Scugog Road Attachment 3 - Petition for Traffic Calming on Longworth Avenue Attachment 4 - Correspondence Dated April 8, 2003, Old Scugog Road .. .. Interested parties to be advised of Council's decision: .. Inspector Tom Cameron Bowmanville Community Office Durham Regional Police 77 Centre Street North Oshawa, ON L 1 G 4B7 Mike Patrick 3240 Old Scugog Road Bowmanville, ON L 1 C 4H1 .. .. Clayton Morgan, Chair Clarington Traffic Management Advisory Committee 31 Parkway Crescent Bowmanville, ON L 1 C 1 B9 Ron Metrailler 4489 Old Scugog Road Bowmanville, ON L 1 C 3K2 .. Mr. and Mrs. F. Acolina Glenelge Court Bowmanville, ON L 1 C 4J 1 Mr. Arden Braun 626 Longworth Avenue Bowmanville, ON L 1 C 5B8 .. ... .. .. .. .. .. .. ... ... 722 .. - .. 't' I'G o ex: , Q) " - ..\! "~ '\ ) \ .. .. .. , f' ~\(/ c\ /~\r' St. Elizabeth ~. '(// ~" Separate S, C" hool ~~ 0;/~> .0, \ .\ /,/ /. / " v"rj, IV r~jJ~ \<~_ ~J ;a _ (~>-. / '\ / (,1 , \ )) c,,~/n Dr ) 'i '~'r'" -~~DD ~_/----.- ------~~\ ",',i' 11'" <,.,..../,? , '>,~\ II ",Ii '" " l '.- /" -- /-' \ .. ... .. .. .. .. .. .. - C'1 Concession Rd, 3 .. .. .. .. .. ..,; tfJ ~ Q) .c :::i ------ ~0pQgPfD \(;;-1J~ , ~.- Future Extension ai > <( 1/1 C ... I'G Q) :E / (- J ' l'{ ~~~ s DRAWN BY: E.L. DATE: June 9, 2003 REPORT EGD-24-03 ATTACHMENT NO.1 Taunton Road ,-:0 /" , j '\J' ) f / / ~ ,../' o fj'= " (I (~h II ,G-' ~--..=::.<:. '0 III o 0:: c Q) l!:! Cl / 60 km/h Zone) r---- ' \~ f \! -J" o Dl ~ .... It) 't' I'G o ex: Iii c o '0, Q) ex: " , \ .--- - /' r-~./'- t Taunton Road r-- LO 't:i 0:: en QJ a: Qj l!:! U5 >- 1:: Q) .0 :.:! ilr~r-'~~ 1= KEY MAP 80 km/h Zone Concession Ro d 4 I J J \ -) L sFJ r;)F ,/..--1 \ ~,>/ 50 km/h Zone DRAWN BY: E.L. .. .. \ , ! .. ... J I-';J , I \ l, c7 "'~ ,?_/ Ii ! I i I \ __1- \"{j-y'j== ) 11-' ) l'{ ~~~ s DATE: June 9, 2003 I REPORT EGD-24-03 ATTACHMENT NO.2 724 .. .. .. .. .. , \ .. l ''-. ... , -\..- .. ", '-, .. .. .. .. .. till .. AGENDA PETITION FOR TRAFFIC CALMING MEASURES ON LONGWORTH AVENUE - .. '03MAR31 Pt'l ~~~~~~~2~~~ We, the undersigned, are residents ofBowmanville living on Longworth Avenue betWeen Scugog Street and Liberty St. With the increased traffic on the street we have noticed an increased number of individuals exceeding the speed limit of 50 km!hr, We ask that the Municipality of Clarington Council consider implementing traffic calming measures on Longworth A venue. With the elementary school on the street and the large number of children residing on Longworth, we feel that our safety and the safety of our children are at risk. .. .... .. - PRINT NAME JJ!4-tJ / b SIGNATURE $4Nr I' - .. // / .. .. -~ ,./~. tL6,- ~~ ) '_ tYt .I ~(/ ~ &22 ADDRESS LON6k)c?ff,., ;(vE. ,/ /. . ~~ U ,:24 c,' ~ c) i. c>" ~o.- J-I-.... 6> fi ;""0 ,:.u,: w' ~~cI- /)..J.J; ~cR.$c>,i (,;;,So LCJ-)t:,l./O~'VJ Acre- - ,-- "/'eff'l .. " ill tu,J< ALCO t1 f'eVi'fJ O. 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ATTACHMENT NO,: 4 ..REPORT EGO-24-03 '03APR22 Atl11 :41 :20' - .. Mayor John Mutton Municipality of Clarington 40 Temperance St, Bowmanville, Ontario Ll C 3A6 !BJ;c:mIlWI1lID April 8, 2003 APR 1 4 z003 .. - Dear Mayor Mutton 1.tUNiCIPALlTV OF CURINGTON MAYOR'S OFFICE - We need your help with a speeding situation that is plaguing our neighbourhood. We live on Old Scugog Rd. just north ofHwy 57. In the past 12 months we've seen a dramatic increase in both the number of non-resident vehicles using this road and the number of people speeding excessively along it. The posted speed limit for the area is 50 kmh yet most drivers travel well in excess of 80 kmh. In the evening you can literally hear a thunderous roar as cars accelerate through our neiihbourhood . .. - - With the crumbling condition of the road, the limited overhead street lighting and the lack of sidewalks this area is an accident waiting to happen. There are children, elderly people and dog owners who, while walking along the roadway must obviously share it with vehicular traffic. It's a very dangerous situation and one that can't be rectified by stationing a police officer in a cruiser for 30 minutes once every month or so. Some of the worst offenders use this road in the evening hours when radar enforcement can't or will not be used. These roads are very dark making it abnost impossible to see pedestrians, - .. Mr, Mayor, we all moved to this community to get away from the overcrowded areas and the traffic, We accept and are willing to pay the high property taxes for this luxury but now enough is enough, Our patience has run out and we can no longer suffer in silence, We need your help to return our community to the safe, quiet area it once was. We need your help to dissuade drivers from using our road as an alternative to Hwy 57. .. .. We believe there are a number of simple solutions that could be considered such as: .. > Designating Old Scugog for "local traffic" only from Hwy 57 to T':lunton.Rd.. "~l and/or;;;Jf$1"~'1 e~Ohi > Reducing the speed limit (through the residential area) from 50 ~ ~ot:.~ o.r~ 40,/. 'II..--) .___. if kmh. Reduction of speed limit north of Buttery Court to Taunton ~o~~~.to ";t 50 kmh should also be strongly considered, Obviously enforcemeft o{i~e linpt a peak traffic times would be required but we're confident the reven . fft. generated would offset the cost, or; , COPIES . > Install speed bumps similar to the ones on Athol St in Oshawa. definitely worked for their traffic and speeding problem, . . -it :1 .. - , '.... - ----, 4 727 , , ' ~~ ...----...-..---,.. ,- ...._._.~ ..~-~~,.;J..~.. -..-..........; l ,.....-.. .......~_--..... .-........-....-0; . .........- ,'. ...-.......-.--. .. - filii If there's anything we can do to further the process, please let us know. Hwy 57 was built to keep thje: traffic C''.lt of our neighbourhood, It needs to be used. .. .. We thank you for your time and look forward to hearing from you. .. ,~" /, ,/ at~4~~ 0) e~ ,'.I Vp-ffV Frank and Kim Acolina 3Glenelge Court Bowmanville, Ontario LIC411 905-697-7388 .. .. .. .. .. .. .. ... .. .. .. .. .. .. 728 .. - - Clw:mgron REPORT .. ENGINEERING SERVICES .. Meeting: Date: .. Report #: .. Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE JUNE 16, 2003 EGD-25-03 File #: By-law #: PROPOSAL TO LEGALLY OPEN BY BY-LAW AN UNOPEN PORTION OF THE BOUNDARY ROAD SITUATED BETWEEN THE FORMER GEOGRAPHIC TOWNSHIPS OF DARLINGTON AND CLARKE .. RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-25-03 be received; 2. THAT Council authorize the Director of Engineering Services to proceed with the formal process for the legal opening by by-law of an unopen portion of Darlington Clarke Townline Road from the northerly limit of South Service Road to the southerly limit of the unopen road allowance, a distance of approximately 150 metres; and .. .. 3. THAT the abutting property owners be provided with a copy of this report and advised of Council's decision. - Submitted by: ~u O~~~~ Anthony Cannella, C. .T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer .. .. - BM*ASC*ce June 9,2003 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 729 - REPORT NO.: EGD-25-03 PAGE 2 1.0 BACKGROUND 1.1 The unopen road allowance situated between the former Townships of Darlington and Clarke currently serves as an emergency and alternate access roadway to the Wilmot Creek Retirement Community (Ridge Pine Park Inc,), The road allowance contains a paved roadway that is used by the general public, This roadway is currently being maintained by Ridge Pine Park Inc, Both the Engineering Services Department and Ridge Pine Park Inc, feel that this access roadway should be legally opened by by-law in order that the Municipality of Clarington becomes solely responsible for authority and maintenance of this road allowance, 2.0 COMMENT 2.1 Status of Darlinqton Clark Boundary Road Allowance The unnamed municipal road allowance situated on the boundary between the former geographic Townships of Darlington and Clarke has never been legally opened by means of a municipal by-law. This road allowance contains a paved roadway that has not been constructed to current municipal standards, The road allowance is currently being maintained by Ridge Pine Park Inc. The Municipality does not currently perform any maintenance on this section of road allowance and there is no evidence to indicate that the Municipality has ever maintained any portion of this road allowance, 2,2 Condition of Clark Darlinqton Boundary Road Allowance The existing road situated between South Service Road and the southerly limit of the road allowance has an asphalt surface, The pavement is approximately 7,0 metres wide. The road is not currently constructed to municipal standards, 2,3 Improvement to Municipal Standard Municipal By-Law 84-27 does not permit the Municipality to perform maintenance on unopen roads. Legally opening the road will ultimately permit the Municipality to maintain the road and to make upgrades and improvements to the road, 730 ... .. .. .... ... .. ... ... ... ,. ,. .. ... ... .. .. .. *' .. .. REPORT NO.: EGD-25-03 PAGE 3 ... 2.4 Notification to AbuttinQ Property Owners _ There are 2 property owners abutting the subject section of roadway; Ridge Pine Park Inc, and Hydro One Networks Inc, .. - Both of the property owners have been notified of the Municipality's intention to open the road and both of the owners have verbally indicated that they have no objection in principle to the proposal. - - 3.0 RECOMMENDATION 3.1 The unopen road allowance situated between the former Townships of Darlington and Clarke serves as a secondary emergency vehicle access to the Wilmot Creek Community (Ridge Pine Park Inc,), The road is utilized by the general public as a traveled roadway but is not currently maintained by the Municipality. It is therefore recommended that Council authorize the Director of Engineering Services to proceed with the formal process of legally opening the road in order that the Municipality becomes solely responsible for authority and maintenance of this municipal road allowance. .. ... - ... 3.2 It is further recommended that all costs (legal, advertising, etc,) associated with the - formal process of opening the road be the responsibility of Ridge Pine Park Inc, It is also recommended that all costs associated with improving the road to a standard acceptable - to the Director of Engineering Services be the responsibility of Ridge Pine Park, ... Attachments: .. Attachment 1 - Key Map Interested parties to be advised of Council's decision: - Ridge Pine Park Inc. 14 Dean Street Brampton ON L6W 1 M7 Hydro One Networks Inc. A TIN: Chris Vanderrest 483 Bay Street, 15th Floor Toronto ON M5G 2P5 - - 731 - -+ ' \ \ ( .;J'c,. ~ ~ J:] ----- /......~-- f .. Highway No. 401 ... I I +-+----1----/ I I I +-+---f-- Canadian National Railway .. .... .. I - + E o LO ~ I -------DARLlNGTON/CLARKE BOUNDAR I ROAD ALLOWANCE TO BE I OPENED I ... .. .. .. .. .. WILMOT CREEK RETIREMENT COMMUNITY .. .. Hi~hway No. 401 , i&- I .. 11IIII .... \ - --~~ ---------. SUBJECT'-', ROAD 'ti \J( ~ r' ~ ) 1 :g i / 8 I,' " .. ~ --..-__i______' DRAWN BY: E.L. DATE: JUNE 9, 2003 c REPORT EGD-25-03 ATTACHMENT NO.1 .. '\ ''".;:.....>..-J,(-' KEY MAP 732 .. .. ! ~ i. Cl~ipll REPORT t , .. OPERATIONS DEPARTMENT .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JUNE 16,2003 Resolution #: ~: '- Report #: OPD-005-03 File #: By-law #: .. \ * ... Subject: WINTER MAINTENANCE - OVER EXPENDITURE Recommendations: ilia It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. I ... 1, THAT Report OPD-005-03 be received for information; and 2, THAT the Final 2003 Budget be revised to reallocate $40,000 from the Seniors snow clearing account number 7212-92004-0261 to the Sidewalk snow clearing account number 7212-00401-0261, '-' \ ! ... 1 .. ;J ^~"rrt. F....... (lte,...'" 01> O' Submitted by: A"'^'"4/{'\--..J Reviewed by: ~~ Frederick J, Horvath, BA, RDMR, RRFA Franklin Wu, Director of Operations. Chief Administrative Officer. , i .. I 1.. FH/kmr I .. ~: ... 801 .. REPORT NO.: OPD-005-03 PAGE 2 J j .J J j j ..J .J .J J J J J J J J J J J BACKGROUND AND COMMENT: In April of 2003, Council approved in the draft 2003 budget a $1,167,000 for winter control, a $100,000 for sidewalk clearing and $120,000 for Seniors snow clearing, Before the Final 2003 Budget is printed, staff recommend that $40,000 of the Seniors Snow Clearing budget be transferred to the Sidewalk Clearing budget so that the actual to budget variances are better reflected as seen on Attachment #1 for account numbers 7212-00401-0261 and 7212-92004-0261. Between the months of January and March, a considerable amount of hours of overtime was worked on weekends, to ensure that our roads were maintained at our recommended level of service, There was also a significant increase in icy conditions on the roads, especially in the early mornings, necessitating additional sand/salting of the roads. As a result of these winter conditions our winter maintenance budget for 2003 is already over budget by 7.5% or $87,802. Attachments #1, and #2, show a comparison for winter maintenance costs for the full year of 2002 and 2003 from January 1 to May 31, 2003, As well, the variable temperatures increased the demand for sand/salt to be applied for sidewalks, The Sidewalk Winter maintenance budget is approximately 55% over budget. The Senior Citizen's and Physically Disabled Snow Clearing Program is approximately 3% under budget. 802 .. REPORT NO.: OPD-005-03 PAGE 3 ... \ Below is a table of contract call-out statistics for snow clearing from 2000 to 2003 for the ... first four months of each year. ... Year Jan Feb March April Total 2003 23 14 11 5 53 2002 10 10 7 0 27 2001 17 13 6 0 36 2000 10 8 3 0 21 .. .. ... j, .. ... For comparison purposes, at the end of 2002 there was an overall fund surplus of $242,000 for year round maintenance, as shown in Attachment #2, ~ , .. Other local municipalities have experienced the same budget results due to this years weather conditions, The City of Toronto has estimated a 30% higher expenditure than allocation for the first four months of the year. The Region of Durham estimated that once spring clean up is complete that they will be over spent by 34% or 1.4 million dollars, 1.. \ .. \ I lilt ~' III With winter maintenance still outstanding for November and December of 2003, Operations is anticipating that the overall winter maintenance expense will be over budget by 25% or $350,000, " ... \ .. Attachments: Attachment #1 Attachment #2 Winter Control- January 1 - May 31,2003 Winter Control- January 1 - December 31, 2002 I .... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)263-2292 F (905)263-4433 , ... .. 803 ATTACHMENT NO.: 1 REPORT NO.: OPD-005-03 WINTER CONTROL 2003 (Jan, 1 - May 31 inclusive): 2003 2003 ACCOUNT NUMBER: TO DATE BUDGET UNEXPENDED 7210-00401-0005 Wages $ 124,727.22 $ 108,000.00 $ (16,727.22) I 7210-00401-0271 Veh Rental $ 176,991.40 $ 140,000,00 $ (36,991.40) TOTAL PLOWING: $ 301,718.62 $ 248,000.00 $ (53,718.62) 7210-00411-0005 Wages $ 169,233.03 $ 124,000.00 $ (45,233.03) 7210-00411-0169 Expenses $ 436,740.89 $ 400,000.00 $ (36,740,89) 7210-00411-0271 Veh Rental $ 191,785.90 $ 165,000,00 $ (26,785.90) TOTAL SANDING/SALTING: $ 797,759.82 $ 689,000.00 $ (108,759.82) 7210-00441-0005 Wages $ 77,188.81 $ 95,000.00 $ 17,811,19 7210-00441-0169 Expenses $ 2,406,23 $ 35,000.00 $ 32,593.7? 7210-00441-0271 Veh Rental $ 75,728.75 $ 100,000.00 $ 24,271.25 TOTAL SNOW REMOVAL: $ 155,323.79 $ 230,000.00 $ 74,676.21 TOTAL WINTER CONTROL: $ 1,254,802.23 $ 1,167,000.00 $ (87,802.23) SIDEWALK CLEARING CONTRACT 2003 (Jan. 1 - May 31 inclusive): 2003 2003 ACCOUNT NUMBER: TO DATE BUDGET UNEXPENDED 7212-00401-0261 Contract $ 216,418.50 $ 140,000.00 $ (76,418.50) TOTAL CONTRACT: $ 216,418,50 $ 140,000.00 $ (76,418,50) SENIORS SNOW CLEARING CONTRACT 2003 (Jan, 1 - May 31 inclusive): 2003 2003 ACCOUNT NUMBER: TO DATE BUDGET UNEXPENDED 7212-92004-0261 Contract $ 77,710.12 $ 80,000.00 $ 2,289.88 TOTAL CONTRACT: $ 77,710.12 $ 80,000,00 $ 2,289.88 804 .J .J .J .J j J J j j J j j J J J J J J J ... .. .. ~ .. .. \ l.. .. \ I .. .. f ... l i. '- ... l.. t ... ... ... .. ATTACHMENT NO.: 2 REPORT NO.: OPD-005-03 WINTER CONTROL 2002 (Jan, 1 - Dec, 31 inclusive): 2002 2002 ACCOUNT NUMBER: ACTUAL BUDGET UNEXPENDED 7210-00401-0005 Wages $ 51,777.83 $ 105,000,00 $ 53,222,17 7210-00401-0271 Veh Rental $ 63,562.70 $ 140,000.00 $ 76,437.30 TOTAL PLOWING: $ 115,340.53 $ 245,000.00 $ 129,659,47 7210-00411-0005 Wages $ 170,938.24 $ 120,000.00 $ , (50,938.24) 7210-00411-0169 Expenses $ 414,905.01 $ 400,000,00 $ (14,905,01) 7210-00411-0271 Veh Rental $ 188,548.90 $ 165,000.00 $ (23,548.90) TOTAL SANDING/SAL TING: $ 774,392.15 $ 685,000.00 $ (89,392.15) 7210-00441-0005 Wages $ 36,837,17 $ 95,000,00 $ 58,162.83 7210-00441-0169 Expenses $ 2,573,94 $ 62,500.00 $ .59,926.0(3 7210-00441-0271 Veh Rental $ 43,586.10 $ 100,000.00 $ 56,413.90 TOTAL SNOW REMOVAL: $ 82,997.21 $ 257,500.00 $ 174,502.79 TOTAL WINTER CONTROL: $ 972,729,89 $ 1,187,500,00 $ 214,770.11 SIDEWALK CLEARING CONTRACT 2002 (Jan. 1 - Dec. 31 inclusive): ACCOUNT NUMBER: 7212-00401-0261 Contract TOTAL CONTRACT: $ 2002 ACTUAL 2002 BUDGET UNEXPENDED $ 100,000,00 $ (38.00) 100,038.00 $ SENIORS SNOW CLEARING CONTRACT 2002 (Jan, 1 - Dec, 31 inclusive): ACCOUNT NUMBER: 7212-92004-0261 Contract TOTAL CONTRACT: $ 2002 ACTUAL 2002 BUDGET UNEXPENDED $ 80,000.00 $ 27,353.02 52,646.98 $ 80S J J j J j J j j ~ .. j j j J J J J J J J ~ II. .. ~ I.. i .. I.. ~ l. l.. l. .. L. \ Ii. ... ... ... .. .. Cl!J!illglOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: Date: General Purpose and Administration Committee June 16,2003 Resolution #: File #: By-law #: Report #: CSD-13-Q3 Subject: Indoor Soccer Facility - Bowmanville Community Park Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 , THAT Report CSD-13-03 be received; 2, THAT Council endorse the proposed Indoor Soccer Project to be located at the Bowmanville Community Park (Baseline Rd, and Green Rd. - Bowmanville); 3, THAT Council approve the preliminary Indoor Soccer Facility Project budget of $2,300,000,00; 4, THAT the Director of Finance be authorized at the time of tendering to make application to the Region of Durham for debenturing the necessary funds for this project; 5, THAT staff be authorized to issue the Request for Proposal for Professional Services required to develop the conceptual site plan for the future indoor recreation complex; concept drawings and construction specifications for the Indoor Soccer Facility; and 6, THAT the representatives of the Darlington Soccer Club be commended for their assistance and commitment of financial contribution towards the Indoor Soccer Facility and advised of action taken, CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 100 1 Submitted by: JPC/BT/GA*jm Last Revision Date: 1002 Reviewed b~) ~~~ Franklin Wu Chief Administrative Officer j j .J j j j .J j J J j j J j .J J J J J , .. REPORT NO.: CSD-13-03 PAGE 3 .. 1.0 ... 1.1 .. ... 1.2 , I. 1.3 I - , II. L 1.4 , i. ~ 2.0 .. \ 2.1 , I. , II. ... '- l .... ... a.. i ... BACKGROUND During the design phase of the South Courtice arena project, Council will recall that an indoor soccer facility, at a cost of $3,000,000.00, was being considered as part of the project. As a result of financial constraints, a decision to defer the indoor soccer component was made, Subsequently, at the request of the Darlington Soccer Club, Council directed staff (Attachment #1) to investigate alternate construction methods that would reduce the overall capital requirements to construct an indoor soccer facility, Over the past year, staff has worked cooperatively with the Darlington Soccer Club to prepare a submission that would provide an indoor soccer facility in a cost effective manner. Currently, the soccer club is utilizing available school facilities within Clarington and surrounding area, however they are unable to secure sufficient and age-appropriate facilities to meet the ever increasing demand for indoor soccer. The Darlington Soccer Club has indicated that in the past two years, the popularity of soccer has grown approximately 18%, from 4,489 to 5,500 participants in 2003, Forecast growth indicates a 10% increase in membership annually, and the club is expecting in excess of 7,300 participants by 2006. INDOOR SOCCER FACILITY The indoor soccer facility is proposed to be a pre-engineered building which is commonly used in similar facilities and is visually pleasing, The project will include a playing area similar to the size of an ice arena with four (4) dressing rooms, concessions area, spectator viewing and office space. Staff estimate the cost for this type of project would be $2,300,000,00 based on the preliminary cost estimates as follows: Project Budget - Indoor Soccer Facility Bud et Amount 150,000 2,100,000 50,000 2,300,000 1003 REPORT NO.: CSD-13-03 PAGE 4 .J J 2.2 3.0 3.1 4.0 4.1 4.2 The critical path for the development and construction of the facility is: " I .. June-Au ust 2003 September 2003 RFP for Professional Services Report to Council - Recommendation for Award of Contract for Professional Services Desi n Drawin s Report to Council - Site Plan and Design Approval: Authorization to Tender Construction Contract Tender - Construction Contractor Report to Council - Recommendation for Award of Contract to General Contractor Construction Commissionin and Substantial Com letion Occu anc I Official 0 enin j .J j j J J J J J j J j J J J J Se tember - December 2003 January 2004 Janua 2004 February 2004 March - Se tember 2004 Se tember 2004 October 2004 MULTI USE FACILITY Through discussions with the Darlington Soccer Club, there will be opportunity for multiple use of the facility. A facility of this nature would offer many other viable and alternative uses for the community such as specialty sports training camps, indoor lawn bowling, bocce ball, touch football, lawn tennis etc. Local sports teams that traditionally play during the spring and summer may have an interest in winter season training facilities, Sport teams such as field hockey have verbally requested access to indoor facilities of this nature for highly intensive training camps for teams at the provincial and national levels, In addition, staff would investigate potential Boards of Education uses that may require indoor physical education specialty classes during the fall and winter. The floor area would be ideal to attract trade shows and other special events during the winter season when arena floors are typically not available, DARLINGTON SOCCER CLUB In the spirit of cooperation and fiscal responsibility, the Darlington Soccer Club is prepared to make a commitment to a financial contribution of $500,000.00 over a three (3) year period in support of the indoor soccer facility project. This is a substantial commitment from a volunteer organization, and representatives of the Darlington Soccer Club are confident they will meet their target. As such, the Club is anxious to initiate their fund raising program and are anticipating Council's endorsement which legitimizes the project and enhances their fund raising efforts. 1004 \ ~ ~ I till till .. REPORT NO.: CSD-13-03 PAGE 5 4.3 The proposed budget has been reduced from the original amount of $3,000,000,00 to a revised budget of $2,300,000,00. The Municipality is committed to the total project cost, however, when the funding of $500,000.00 from the Darlington Soccer Club is applied the actual municipal contribution will be $1,800.000.00 or approximately 60% of the original facility designed for the South Courtice Arena site. ... 4.4 ... .. , 5.0 I ! .. 5.1 till , 5.2 , t, .. ... 1 .. ~ .. .. i. ... ... '- It is also noteworthy that over the past five (5) years, the Darlington Soccer Club has contributed in excess of $120,000,00 towards the development and upgrading of municipal outdoor soccer facilities. The Club fully intends to maintain that commitment in future years in addition to their fund raising efforts related to the indoor soccer facility, PROJECT FINANCING It is proposed that the estimated project cost of $2,300,000.00 be debentured, less any fund raising from the Darlington Soccer Club received prior to the issuance of the debenture. The actual debenture amount will be determined at the time the tender is awarded. Subsequent to the debenture issuance, the fund raising funds will be used to help offset impact of the debenture payments on the tax levy. 5.3 The approximate annual debenture repayment for the maximum debenture amount ($2,300,000.00) is approximately $295,000,00 over ten (10) years and will represent an increase of 1,5% to tax levy for 2004. 5.4 The Municipality's annual debenture limit has not been exceeded therefore Ontario Municipal Board approval is not required. The construction of the facility will also assist to increase the 10 year historical service level average for development charges purposes, This will be of benefit in the next five (5) year Development Charges Review for the Indoor Recreation Component. 5.5 It is anticipated the annual operating expenditures will be offset with revenues from the permitting of the indoor soccer pitch to the Darlington Soccer Club and other users. An operating budget will be presented to Council prior to the award of the construction contract. 1005 REPORT NO.: CSD-13-03 PAGE 6 6.0 SITE PLAN 6.1 The recommended site is the Bowmanville Community Park located at Baseline Road and Green Road in Bowmanville, This site is centrally located within the Municipality, offers easy access and has excellent visibility. The construction of the indoor soccer facility will be incorporated into the overall design of the indoor recreation component of the Community Park and developed in conjunction with the Outdoor Lacrosse Bowl (if approved) and Engineering Services Department's Phase I of the outdoor recreation component. 6.2 Because the development of the indoor recreation site is not expected for several years, it is recommended a conceptual overview of the indoor component be produced. The location of the indoor soccer facility will be established to incorporate the long term vision of the indoor recreation complex. That complex may include a twin pad arena with the potential to expand to four pads, a leisure swimming pool, community meeting space, etc. It is possible that one of the arena pads would include stadium seating for approximately 3000 + spectators plus appropriate parking facilities, 6.3 Site servicing for the indoor soccer facility will be incorporated as part of the Phase I outdoor recreation plan administered by the Engineering Services Department. 7.0 SUMMARY 7.1 In order to meet the October 2004 completion date of the project (scheduled to coincide with the 125th Anniversary of the Darlington Soccer Club) it is necessary to receive Council endorsement of the project and approvat to issue a Request for Proposal to prepare for the design component of the project. 7.2 The results of the Request for Proposal will be reported to Council in September 2003 with a related recommendation. 8.0 COMMENT 8.1 It is appropriate, as Council considers this report, that Members are also aware of an issue that has been brought to the attention of staff. 8.2 Several weeks ago, the Director of Community Services received a telephone call from Mr, John Lay of Clarington, owner of an indoor soccer facility in Oshawa, Mr. Lay raised concerns that should the Municipality construct an indoor soccer facility that it would be in direct competition with his facility, and he questions the need for both facilities, 1006 .J J j J J j J J j J j J j j j J j J J ~ i .. REPORT NO.: CSD-13-03 PAGE 7 ... 8.3 Mr. Lay was requested to provide his comments and concerns in writing to the Municipality and to date has not. Subsequently, Mr. Lay has also contacted staff of the Engineering Services Department and attended the public open house held .. recently for Phase I development of the Bowmanville Community Park to express his concerns. Mr. Lay has also contacted Members of Council to express his concerns with the construction of an indoor soccer facility in Bowmanville. .. 8.4 ~ II. 8.5 ... Further, it is appropriate that as Council considers this report, it is understood that (if approved) staff will advance the Lacrosse Bowl Project (Report #CSD-14-03) and the Indoor Soccer Facility simultaneously. ... In essence, should both projects proceed staff will prepare all necessary details as one project. This will provide the opportunity to realize any potential financial benefits and will allow effective use of staff resources by combining the two projects, , -. Attachments: ~. ~ Attachment #1 - Council Resolution - February 25, 2002 directing staff to investigate possible alternative methods to construct an indoor soccer facility .. Interested party to be advised of Council's decision: ... Darlington Soccer Club i -. ... ~ ~ ... .. ... 1007 II. REPORT CSD-13-03 - ATTACHMENT #1 ClfJ!iDglOn March 1, 2002 J~~ Mr. I. Alexander Dartington Soccer Club 35 Rehder Avenue Bowmanville, Ontario L 1C 1Z9 MUNICIPAlI.TY OF CLARINGTON CommuO/tv Services De 1. Dear Mr. Alexander. Re: Indoor Soccer Facility , Further to your presentation to the Council of the Municipality of Clarington regarding the above matter on February 25, 2002 I advise that the following resolution was passed: "THAT the delegation of lain Alexander be referred to staff for investigation of possible alternative methods to construct an indoor Soccer facility.. ~i: truly, ~ . ~LattJ L. Barrie. A,M.C'.T. 7 ~uniciPal Clerk PL8:kb Cc: J. Carauna, Director of Community Services 1008 .J j .J j .J j j J J j i .,j J J j j J J J J t ~ .. ~ III III I.. ... .. ~ ~ f I.. I ... ... ( ~ i.. ... II. , 1.0 .. ... III q~glOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: Date: General Purpose and Administration Committee June 16,2003 Resolution #: File #: By-law #: Report #: CSD-14-03 Subject: Outdoor Lacrosse Bowl Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 2, 1, THAT Report CSD-14-03 be received; THAT Council endorse the proposed Outdoor Lacrosse Bowl project to be located at the Bowmanville Community Park (Baseline Road and Green Road, Bowmanville ); 3, THAT Council approve the preliminary Outdoor Lacrosse Bowl project budget of $400,000.00; 4, THAT the Director of Finance be authorized at the time of tendering to make application to the Region of Durham for debenturing the necessary funds for this project; 5. THAT staff be authorized to issue the Request for Proposal for Professional Services required to develop the concept drawings and construction specifications for the Outdoor Lacrosse Bowl; and 6, THAT representatives of the Clarington Minor Lacrosse Association be commended for their assistance and commitment of financial contribution towards the Outdoor Lacrosse Bowl and advised of action taken. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1009 REPORT NO.: CSD-14-03 PAGE 2 .J J J .J J j J J J J j J J J j J J J J Submitted by: i eph P. Caruana rector of Community Services A JPC/jm 1 0 1 0 ReViewedb~~ Franklin Wu Chief Administrative Officer \ .. ... .. .. .. \ ~ -. .. j ~ ~ II. REPORT NO.: CsD-14-03 PAGE 3 1.0 BACKGROUND 1.1 At the request of the Mayor's office, staff was requested to investigate the possibility of constructing an outdoor lacrosse bowl in conjunction with the Clarington Minor Lacrosse Association. 1.2 Through discussions over the past number of months, staff has worked with representatives of the Lacrosse Association in attempt to provide an outdoor lacrosse bowl within the community, 1.3 The Clarington Minor Lacrosse Association, under the guidance of the Community Services Department launched its inaugural season in 2002 boasting 300 members, Since that successful season the association has expanded its mandate and now offers "rep lacrosse" (travel teams) in addition to their house league programs. 1.4 Registrations for 2003 have doubled since last year and the association now boasts a membership of 600 participants with a waiting list of interested participants, 1.5 As a credit to the organization, it should be noted that this year the association has expanded their program into Newcastle Village utilizing the Newcastle Memorial Arena providing new found revenues for that arena board and the opportunity for youth in Newcastle Village to play lacrosse within the village, ... 2.0 .. 2.1 .. .. ! J.. t ! .. .. ... .. OUTDOOR LACROSSE BOWL The Outdoor Lacrosse Bowl as proposed is the size of a traditional ice arena, complete with lighting, boards and screened mesh suitable for league play, A preliminary estimate for this type of project is $400,000.00 based on the following: Consultin Construction Contin enc et - Outdoor Lacrosse Bowl Bud et Amount 25,000.00 360,000,00 15,000.00 1 0 1 1 REPORT NO.: CSD-14-03 PAGE 4 ..J j .J j J J J J J J J J J j J J J J J 2.2 The critical path for the development and construction of the facility is: June - Au ust 2003 September 2003 Janua 2004 February 2004 RFP for rofessional services Report to Council - Recommendation for award of contract for rofessional services Desi n drawin s Report to Council - Site plan and design approval; authorizations to tender construction contract Tender construction contract Report to Council - Recommendation for award of contract to eneral contractor Construction Commission in and substantial com letion Occu anc /official 0 enin Se tember - December 2003 January 2004 3.0 MULTI USE FACILITY 3.1 Preliminary programming discussions with the Lacrosse Association indicate that the facility could be permitted during evening use and remain open for non- structured community use during day time hours. 3.2 Also during the design phase the facility, consideration will be given to adapting the facility for alternate uses such as ball hockey, roller blading, shuffleboard, tennis etc, 3.3 Off season (November through April) will also be considered with the opportunity of providing a natural ice surface for pleasure skating, non structured pick up hockey, figure skating etc, 4.0 CLARINGTON MINOR LACROSSE 4.1 Although a relatively new association, the Clarington Minor Lacrosse Association boasts a dedicated group of volunteers committed to this sport. Registration numbers over the first two years of operation indicate that lacrosse is well received within Clarington and the future is very promising, 4.2 As an indication of the association's dedication to lacrosse in Clarington, the executive of the Clarington Minor Lacrosse Association is prepared to make a financial contribution of $10,000.00 per year over five years, totalling $50,000.00 towards the project. 1 0 1 2 ... REPORT NO.: CSD-14-03 PAGE 5 4.3 This is an impressive commitment from this volunteer organization especially considering they are only in their second year of existence. All indications are positive that the sport will continue to grow within Clarington and this facility will be utilized to its full extent. .. ... III. 5.0 PROJECT FINANCING ... 5.1 It is proposed that the estimated project cost of $400,000.00 be debentured, less any fundraising from the Clarington Lacrosse Association received prior to the issuance of the debenture. .. 5.2 The actual debenture amount will be determined at the time the tender is awarded, Subsequent to the debenture issue, the fundraising funds will be used to help offset impact of the debenture payments on the tax levy. , ... !' L. 5.3 The approximate annual debenture repayment for the maximum debenture amount ($400,000,00) is approximately $45,000.00 over ten (10) years and will . represent an increase of ,25% to the tax levy for 2004. lilt 5.4 .. , 6.0 lilt 6.1 ... l I ! lilt 6.2 ! .. 7.0 .. 7.1 .. .. . .. The Municipality's annual debenture limit has not been exceeded therefore Ontario Municipal Board approval is not required. The construction of the facility will also assist to increase the 10 year historical service level average for development charge purposes, SITE PLAN The recommended site is the Bowmanville Community Park located at Baseline Road and Green Road in Bowmanville. The site is centrally located within the Municipality, offers easy access and has excellent visibility, The construction of the lacrosse bowl will be incorporated into the overall design of the indoor recreation component of the Community Park and developed in conjunction with the Indoor Soccer Facility (if approved) and the Engineering Services Department's Phase I of the outdoor recreation component. Site servicing for the lacrosse bowl will be incorporated as part of the Phase I Outdoor Recreation Plan administered by the Engineering Services Department. COMMENT It is appropriate that as Council considers this report, it is understood that if approved staff will advance the Indoor Soccer Facility Project (Report CSD~13-03) and the Lacrosse Bowl simultaneously. 1 0 1 3 REPORT NO.: CSD-14-03 PAGE 6 7.2 In essence should both projects proceed, staff will prepare all necessary details as one project. This will provide the opportunity to realize any potential financial benefits and will allow effective use of staff resources by combing the two projects, Interested party to be advised of Council's decision: Clarington Minor Lacrosse Association 1 0 1 4 .J j .I j .J J J J il .J j J J J J j J J J J II. III .. r fill. .. l, .. l .. Cl!KiQgtDn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose & Administration Date: June 16, 2003 Resolution #: Report #: CSD-15-03 File #: By-law #: Subject: Little Tots Daycare Centre - Evacuation Centre ~. L Recommendations: 1 It is respectfully recommended that the General Purpose and Administration Committee - recommend to Council the following: ! f .. I ... fill. t, t' , .. I .. t ... III 1. THAT Report CSD-15-03 be received; and 2, THAT Little Tots Daycare Centre be authorized to designate the Courtice Community Complex as their emergency evacuation location, subject to be conditions on which this approval was given, as outlined in the body of this report; and 3. THAT Little Tots Daycare Centre be advised of action taken, Reviewed by: G ~ - .~ Franklin Wu Chief Administrative Officer Submitted by: ~o" ph P. Caruana /Ofrector of Community Services / ' GA/jm v ... CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 lilt ~ 1 015 REPORT NO.: CSD-15-03 PAGE 2 .J j .J J J J j j J J j J J j J J J J J 1.0 BACKGROUND 1.1 Staff has reviewed a request (Attachment #1 ) from Ms. Brenda Brookings, operator of the Little Tots Daycare Centre to designate the Courtice Community Complex as their emergency evacuation location. The intention is to provide a pre-arranged meeting place for parents to pick up their children in the event that evacuation of the location at the Courtice Corners Plaza, 2727 Courtice Road is required, 1.2 The reasons indicated in the request include fire, gas leak, etc. The procedure, in the event of an evacuation, would be to contact the parents immediately and arrange pick up at the evacuation location. 1.3 The daycare operator was informed that Council has previously passed a resolution providing Lakeridge Health Bowmanville with access to the Courtice Community Complex as an evacuation centre, 1.4 The daycare operator is also aware that a Peacetime Emergency Plan and a Regional Nuclear Emergency Plan exist and that all three previous plans will take precedent over this request, should the need arise, 1.5 The Little Tots Daycare Centre will be required to provide and maintain a certificate of insurance to the Municipality to confirm that liability coverage is in place for their operation, 1.6 Based on the exceptions as noted in the previous two points, staff supports the request of Little Tots Daycare Centre and is recommending that Council approve the request. Attachments: Attachment #1 - request from Brenda Brookings 1 0 1 6 \ i iii. ;1;, i t ... ~ ... REPORT CSD-15-03 ATTACHMENT #1 May 16, 2003 Mr. George Acorn ... Facilities Munagcr Community Services .. .. \ r lilt i I.. .. .. .. ~ , ... ... .. lilt .. .. ... ... Dcltr Mr, Aeorn I am opening a dayearc centre in the Courtice Comers Plaza at 2727 Courtiee Road, Courtice. I need to establish a location that I can use as an emergency evacuation location. The Courticc Community Complex is within walking distance of'my centre. 1 would like to name your facility as my emergency location. r have spoken to Carol at the Community Complex and she told me thut I would have to make a request to you in writing and that lhe request would have to bc approvc:d by Council. As the parents would be required to pick up their children immediately, I would only need to use the Community Complex for a shon time iflhere were ever a need to evacuate. if there were a firc in the plv.8, gas leak in the area, etc. We would walk the children to the Complex and the parcnts would bt: notified immcdiately to pick up their t:hildren.' We would keep the children in a sc:gregaled area, possibly outside if the weathcr was nice. We would not be there any len&th of time. but thc idcit is \0 have a meeting place arranged for the parents. Since there: arc not many buildings in the area. yuur Complex would be the ideal location for me to use because it is a short distance to walk. I wnuldgrcatly appreciate your consideration for this request at your earliest convenience as I am in the process of gathering all required documents and infonnation for the Iiccncing of my daycare centre. I can be reached at home today at 905-420-5010. Yours truly, '~'f'-J.l\. ~lCvl~? Brt:ndu Brookings I.inle Tots Daycar.e Centre 90S-436-6SS5 ' , 017 j j J J J j J J J J I .. J J J J J J , J J .. ... .. .. .. ... .. ! t III I t .. , i .. .. ... .. ~ .. .. ClfJ!il1gton REPORT COMMUNITY SERVICES DEPARTMENT General Purpose and Administration Committee June 16,2003 Resolution #: CSD-16-03 File #: By-law #: Subject: Lifesaving Society Award - Burlington Cup Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CSD-16-03 be received for information. A~~ Reviewed by: U Franklin Wu ' Chief Administrative Officer JPC/BRTfTL*jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 101 8 REPORT NO.: CSD-16-03 PAGE 2 .J j j J j j J J J j j J J J J J j J:' )<< J 1.0 BACKGROUND 1.1 The Municipality, through the Community Services Department offers a variety of aquatics programs in affiliation with different agencies such as the Lifesaving Society and the Red Cross, 1.2 The department has recently received correspondence from the Lifesaving Society (see attachment #1); advising that the Municipality of Clarington achieved seventh place ranking for competition for the Lifesaving Society's Burlington Cup, By virtue of affiliation with the Lifesaving Society, we are eligible for participation in the annual award, Competition for the cup is between eighty other municipalities in the province with populations between 50,000 and 100,000 residents. The Burlington Cupis awarded annually to the municipal affiliate member with the largest lifesaving program in a community with that population criterion, 1.3 The point total of each affiliate is based on the number of successful participants taking Lifesaving Society examinations held during the calendar year. Point values vary, increasing in number as the level of difficulty of the program increases. Points are also awarded to the municipality based on the variety of programs offered; and the number of times that programs are conducted throughout the calendar year, (See attachment #2) 1.4 The Community Services Department offers a number of aquatic lifesaving programs, as an affiliate of the Lifesaving Society of Canada, Included are levels such as Bronze Star, Bronze Medallion, Bronze Cross, National Lifeguard Service and Lifesaving Instructors, In addition to the above instructional and leadership programs, the department has introduced newer programs, including Canadian Swim Patrol, Boat Operator Accredited Training (B,O.A,T,) and First Aid Instructor Courses, 1.5 The Municipality of Clarington, for the first time since offering Lifesaving programs, has received a top 10 standing, This recognition by the Lifesaving Society is an outstanding achievement and a reflection of our commitment to provide quality programs and drowning prevention education, 1 0 1 9 ... i ... ... ... \ ! ... .. L t i. ... \ j .. ... ... , .. , i .. ... \ ... .. .. ill. REPORT NO.: CSD-16-03 PAGE 3 2.0 COMMENTS 2.1 The goal of the Lifesaving Society of Canada is to promote water safety and drowning prevention, through two venues - public education and lifesaving programs. 2.2 Traditionally, the majority of our aquatic programs were offered through our affiliation with the Red Cross, However, more aggressive emphasis of Lifesaving Programs and the push for candidates to further their swimming abilities beyond the traditional "swimming lesson" has contributed to a significant increase in Lifesaving program registrations. Registrations for 2002 totaled 247, To date, registrations for 2003 are already 268 with summer and fall registrations yet to take place. 2.3 Successful participants who complete these leadership programs frequently become eligible for employment with the Municipality as lifeguards and instructors. Provincial legislation also requires lifeguards be certified in these programs to be eligible to perform their duties. 2.4 The Community Services Department is pleased to be eligible to advance within the top ten eligible communities and will strive to increase our standing within the next reporting year. Attachments: Attachment #1 - Correspondence - Lifesaving Society of Canada Attachment #2 - Correspondence - Program Description 1020 ~FESAVING SOCIETY' Tbe Lifegual'ding E.\pel'ts CSD-16-03 ATTACHMENT #1 pt Town of Whitby 2nd City of Waterloo 3rd City of Pickering 4th Town ofCaledon 5th Town of Ajax 12,424 10,681 7,071 6,436 6,083 6th City of Brantford 7th Municipality of Clarington 8th Norfolk County 9th Town ofNewmarket 10th City of Kawartha Lakes 5,987 3,766 3,689 3,500 3,476 j .i J j j J J J J J j J J J J J J J J J April 10, 2003 Joseph Caruana Director of Community Services Municipality of Clarington Ontario 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Joseph, Congratulations!' The Municipality ofClarington operated the 71h largest lifesaving program in a community with a population between 50,000 and 100,000 for 2002. Your efforts are reflected in the standings for the Burlington Cup, as follows: This standing is a reflection of the conscientious efforts of your aquatic statf'. Please accept our congratulations and thank them for their work in providing drowning prevention education. Sincerely, C ~,- , Douglas Ferguson 0/' / Executive Director / ~ . . Reg. Charity No.1 0109 72}0 RROOOl 322 Consumers Road Toronto. Ontario M2J 1 PI Canada 1021 Tel: 416-490-8844 Fax: 416-490.8766 E-mail: expertsOlifeguarding.com www.lifesavingsociety.com CSD-16-03 ATTACHMENT #2 ... From: Wendy Mahony [wendym@lifeguarding,com] Sent: May 28, 2003 1 :52 PM To: Leonard, Tracey; Taylor, Bruce Subject: Burlington Cup .. ... The Burlington Cup is awarded annually to the municipal Affiliate Member with the largest lifesaving program in a ... community with a population between 50,000 and 100,000. The cup was donated to the Society in 1981 by Mary Weaver, the former Aquatic Supervisor in the City of Burlington , and a long-time volunteer leader in the Lifesaving Society, At that time, the Lifesaving Society had only one affiliate .. award based on population - the Scarborough Cup for communities of 50,000 people or less, ~ The Society now awards four trophies based on population to municipal affiliates: f III The David Pretty Cup for communities with a population between 100,000 and 250,000 (first awarded in 1981 ) The Burlington Cup for communities with a population between 50,000 and 100,000 (first awarded in 1981) The Scarborough Cup for communities with a population from 10,000 to 50,000 (first awarded in 1965) The Small Affiliate award for communities with a population less than 10,000 (first awarded for 2002) 1. There are approximately 80 municipal affiliates who are eligible to earn the Burlington Cup, The point total 9f each affiliate is based on the number of successful candidates on Lifesaving Society exams held during the calendar year (in this case January 1,2002 until December 31,2002. Points are assigned to Lifesaving I.. Society awards as follows: i.. I, Canadian Swim Patrol (Rookie/Ranger/Star) - 7 points (each) I Junior Lifeguard Club members - 10 points III Wading Pool Assistant - 10 points Patrol Rider - 10 points , Bronze Star - 10 points ... Bronze Medallion - 15 points Bronze Cross - 20 points Distinction - 30 points ~ National Lifeguard - 40 points I.. Diploma - 50 points I Basic First Aid - 4 points [ .. CPR A/ B / C - 4 / 6 / 8 points respectively Emergency First Aid - 12 points AED Responder / Provider - 8 /10 points respectively Airway Management - 15 points .. Standard First Aid - 25 points Lifesaving Fitness Bronze/ Silver/ Gold - 5/ 7/ 9 points respectively ~ Boat Rescue - 10 points BOAT - 10 points \ I ... Recertifications are equivalent to half the value of the original certifications. Congratulations on your standing for 2002! It is very appropriate to advise your Council of the high caliber program run by the recreation and aquatics staff, t t .. .... , .. 1022 .J j .J .J .J j J j j j j J J J J J J J J j ~ Cl~mglOn t .. ... REPORT COMMUNITY SERVICES DEPARTMENT .. ... .. Meeting: General Purpose and Administration Committee Date: June 16,2003 Resolution #: Report #: CSD-17 -03 File #: By-law #: '- Subject: Clarington Museums Transitional Board/Newcastle Village and District Historical Society I .. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee ... recommend to Council the following: , .. I r ... i l.. i ... ~ i .. .. I ... ... till i: ... 1. THAT Report CSD-17-03 be received; 2, THAT Council encourage the Clarington Museums Transitional Board and the Newcastle Village and District Historical Society to establish an informal working relationship; 3, THAT the Museums Curator be permitted to provide services to the Newcastle Village and District Historical Society without additional compensation; 4, THAT such services would be under the direction of the Museums Administrator; 5, THAT By-Law 2002-45 (being a by-law to establish a Board of Management to operate museums on its behalf - Clarington Museum Board) be amended to include a representative of the Newcastle Village and District Historical Society on the board as one of the eight voting members; and 6. THAT the Clarington Museums Transitional Board and the Newcastle Village and District Historical Society be advised of action taken. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1023 REPORT NO.: CSD-17-03 PAGE 2 .J j j .J Submitted by: ~ e h p, Caruana rector of Community Services JPC/jm 1024 ReViewedb~~ ~ . Franklin Wu Chief Administrative Officer : .. j .J .J f .J J j f .J j J J j j .J j .. REPORT NO.: CSD-17-03 PAGE 3 III 1.0 BACKGROUND .. 1.1 At the April 14, 2003 Council Meeting, correspondence (Attachment #1) from Martha Rutherford Conrad, Administrator of the Clarington Museums Transitional Board was received and referred to staff. ... 1.2 Through that correspondence, the Museum Board is requesting Council to establish a formal working relationship between the Clarington Museums .... Transitional Board and the Newcastle Village and District Historical Society. Further, the board is also requesting an amendment to the by-law (Attachment #2) that would provide representation of the Historical Society on the Clarington Museums Board, COMMENT Staff has met with Martha Rutherford Conrad, Museum Administrator and Myno Van Dyke representing the Newcastle Village and District Historical Society for clarification and to ensure that both parties are aware of any implications as a result of approval of the request. .. 2.2 In essence, approval of the request for a formal working relationship would prompt the following: ! .. t .. . The Newcastle Village and District Historical Society would no longer be recognized as a legal entity, and as such they would be required to surrender their financial assets to the Museum Board The Historical Society would no longer qualify for municipal grants The Massey Show would become a Museum Board initiative The Museum Board would assume all inventories, assets and liability of the Historical Society All activity would be governed by the Municipal By-law and the Museum rules and regulations . , .. . . . f II. 2.3 Subsequently, Mr. Van Dyke conveyed that it is not the Historical Society's '- intention to loose its identity and requested that Council not take any action regarding a formal working relationship at this time. .. 2.4 Mr. Van Dyke did however indicate interest in having a representative of the Historical Society sit as a member of the Clarington Museums Board and further would welcome any staffing assistance the Museum Board could offer. Our :.. discussion with the Museum Administrator indicated a desire to have Mr, Charles Taws, Museum Curator work out of the Historical Society office in Newcastle Village for a maximum of three hours per week. ... 2.5 If implemented, By-Law 2002-44 Section 9 i states that the Board may "Carry out such other duties relating to the history and development of the Municipality ... ... 1025 REPORT NO.: CSD-17-03 PAGE 4 j .J .J .J j .J J j as may be assigned by Council", It should further be noted that the employment relationship between the Curator and the Museum Board will not change, and in fact, the assignment will be offered without additional compensation. 3.0 SUMMARY 3.1 It is clear at this time that the Newcastle Village and District Historical Society wishes to continue its mandate without compromising their legal status. It is also evident that benefits could be realized by both the Clarington Museums Transitional Board and Newcastle and District Historical Society, should an informal working relationship be established. 3.2 Should an informal relationship be established, both organizations could, once again, request a formal amalgamation at such time as deemed appropriate by both groups, 3.3 Council will be required to make appointments to the Clarington Museum Board early into the term of the new Council. As the existing term of the Clarington Museums Transitional Board draws closer to conclusion, staff is recommending deferral of the requested appointment of a member of the Newcastle Village and District Historical Society to the Museums Board until such time that the Clarington Museums Board under By-Law 2002-45 is appointed by Council. , .J J Attachments: :~ .J 1026 j j j J .J .J J j Attachment #1 - correspondence from Martha Rutherford Conrad, Administrator, Clarington Museums and Archives Attachment #2 - By-Law amendment Interested party to be advised of Council's decision: Clarington Museum Transitional Board Newcastle Village Historical Society .. 1 ... REPORT CSD-17-03 ATTACHMENT #1 .. ill. Clarington MU~{lum~ and tlrchiv~ P.O. Box 188.37 Silver Street Bowmanville ON LIe 3K9 (905)623-2734 email: bm-chin@dumam.riet 2S March 2003 i.. ... Mayor and Councillors 40 Temperance Street Dvwm<iiiville ON LtC 3A6 .. '- To Mayor and Councillors, .. : ~ '- The Ctarington Museums Transitional Board and the Newcastle Village and District Historical Society would like to establish a formal working relationship. To that end, at the March Ith, 2003 Board meeting, the following resolutions were passed for consideration by Council. , I .. THA T the Clarington Museu""'c Tr~ns;t;"Ml Board recommend to Council that there be an amendment to By-Law 2002-044 to include the Newcastle Village and District Historical Society within Clarington Museums and Archives. l. f .. THAT the Clarington Museums Transitional Board recommend to Council that Joan Anderson be appointed to the Clarington Museums Transitional Board to represent the Newcastle Village and District Historical Society. .. Regards '- II. Martha Rutherford Conrad Administrator Clarington Museums and Archives ... .cc Clarington Museums Transitional Board ... i ... 1027 REPORT CSD-17-03 ATTACHMENT #2 .J j ,~ .J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON CLERK j j J j j J J j J J J J J J J j BY-LAW 2003 - Being a By-law to amend By-law 2002-045, BEING A By-law to establish the Board of Management to operate Museums on its behalf - Clarington Museum Board WHERAS the Corporation of the Municipality of Clarington deems it expedient to amend By-law 2002-045: 1. Section 5 a) is deleted in its entirety and replaced with the following: 5 a) THE CLARINGTON MUSEUM BOARD shall consist of eleven (11) members, comprised of eight (8) voting members, (two (2) members from each ward; of which one member will be a representative of the Friends of the Museum; and, one member will be a representative of the Newcastle Village and District Historical Society); and, two (2) appointed voting members of Council; and one (1) non-voting Museums Administrator. By-law read a first time this 23rd day of June 2003. By-law read a second time this 23rd day of June 2003, By-law read a third time and finally passed this 23rd day of June 2003. MAYOR 1028 ~ ... ~ Cl!J!pn ! L. L L L L L L L L L L L L L L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: CLD-025-03 File #: By-law #: Subject: 911 Joint Powers Agreement RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-025-03 be received; 2. THAT the Mayor and Municipal Clerk be authorized to execute the amendment to the 911 Joint Powers Agreement; and 3. THAT the appropriate By-law be forwarded to Council for passage, Submitted by: d~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB/cd CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 11 0 1 REPORT NO.: CLD-025-03 PAGE 2 of2 BACKGROUND In 1991 the Regional Municipality of Durham, the Regional Municipality Durham Police Services Board and the local municipalities located within the Region entered into a Joint Powers Agreement which sets out how the Durham Region's Emergency 911 Telephone Reporting System is to operate. That agreement provided that the manager of the 911 system was to be a Sworn Officer of the Durham Regional Police. Since 1995, Theresa Virgin has been the Manager of Police Communications and of the 911 System for the Durham Region. She obtained the position of Manager of Police Communications by virtue of her education and past experience, however is not a Sworn Officer of the Durham Regional Police Service. Accordingly, the 911 Management Board has determined that it would be appropriate to amend the Joint Powers Agreement in order to reflect the current state of affairs. As such, the board has had a brief amending agreement prepared by the Region of Durham's Legal Department in order to affect the required amendment, a copy which is attached as Attachment #1. It is respectfully recommended that the Mayor and Municipal Clerk be authorized to execute the agreement and that the appropriate by-law be forwarded to Council. Attachments: Attachment #1 - Amending Agreement 1 1 02 J J J J J J J J J j J J J J J J J J J L l L L L Attachment No. 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2000- Being a By-law to authorize the execution of an Amending Agreement to the 9-1-1 Joint Powers Agreement between The Regional Municipality of Durham, The Regional Municipality of Durham Police Services Board and the Area Municipalities L L L l L L L l L L L WHEREAS the Council of the Municipality of Clarington, at their meeting held on June 23, 2003, adopted the recommendations contained within Report ClD-25-03, NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute an Amending Agreement to the 9-1-1 Joint Powers Agreement between The Regional Municipality of Durham, The Regional Municipality of Durham Police Services Board and the Area Municipalities. By-law read a first and second time this 23rd day of June 2003. By-law read a third time and finally passed this 23rd day of June 2003, Mayor Municipal Clerk L L L 1 1 03 ("Durham") J j j J J J J J J J j j J J J J J J J THIS AGREEMENT IS EFFECTIVE AS OF THE 1 ST DAY OF September, 2002. BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM And THE REGIONAL MUNICIPALITY OF DURHAM POLICE SERVICES BOARD ("The Durham Regional Police Service") And THE CORPORATION OF THE TOWN OF AJAX And THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON And THE CORPORATION OF THE CITY OF OSHA W A And THE CORPORATION OF THE CITY OF PICKERING And THE CORPORATION OF THE TOWN OF WHITBY And THE CORPORATION OF THE TOWNSHIP OF BROCK And THE CORPORATION OF THE TOWNSHIP OF SCUGOG And THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE (Collectively the "User Agencies" and individually "User Agency") WHEREAS Durham, The Durham Regional Police Service and the User Agencies collectively executed an agreement dated May 1, 1991 (the "911 Agreement") regarding the creation, operation, and management of the 9-1-1 Emergency Telephone Reporting System (hereafter the "911 System") through the 9-1-1 Central Emergency Reporting Bureau (hereafter the "911 C.E.R.B."); 1 1 0 4 l, L L L 1 ... L L L L L l f L. L L l L L I h ... I L 2 AND WHEREAS the 911 Agreement created a Management Board to be responsible for overseeing the management of the day-to-day operations of the 911 System; AND WHEREAS the 911 Agreement provided in section 4.1 that the 911 C.E.R.B. Manager was to be a sworn member of The Durham Regional Police Service; AND WHEREAS the present 911 C.E.R.B. Manager is not a sworn member of The Durham Regional Police Service; AND WHEREAS the Management Board wishes to have the 911 agreement amended such that they may employ a civilian 911 C.E.R.B. Manager from time to time, as may be in the best interests of the 911 System. NOW THEREFORE the parties hereto agree as follows: 1. Section 4.1 of the 911 Agreement is hereby deleted and replaced with the following: "The 9-1-1 C.E.R.B. Manager shall be ultimately responsible to the Management Board for the functioning of the 9-1-1 C.E.R.B." 2. Section 4.2 of the 911 Agreement is hereby deleted and replaced with the following: "The Communications Manager of the Durham Regional Police Service shall act as the 9-1-1 C.E.R.B Manager." 3, This Amending Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same agreement. IN WITNESS WHEREOF the Parties have hereto executed this Amending Agreement under the hands of their duly authorized signing officers on the date indicated. DATE: The Regional Municipality of Durham DATE: The Regional Municipality of Durham Police Services Board 1 1 05 . 3 DATE: The Corporation of the Town of Ajax I , DATE: The Corporation of the Municipality of Clarington DATE: The Corporation of the City of Oshawa DATE: The Corporation of the City of Pickering DATE: The Corporntionof the Town ofvnriiliy DATE: The Corporation of the Township ofScugog DATE: The Corporation of the Township of Brock DATE: The Corporation of the Township ofUxbridge 1 1 06 J j j J J J J J J J J J j j J J J J j L ~ Cl~mgron L ~ .. L ! L. L f L L l L L L L L I L 1. REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: CLD-26-03 File #: By-law #: Subject: APPOINTMENT OF PRIVATE PROPERTY PARKING ENFORCEMENT OFFICERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-26-03 be received; 2, THAT the by-laws attached to Report CLD-26-03 be forwarded to Council for approval; and 3, THAT Securitas Canada and Virtual Park Inc, be advised of Council's actions. ()~~~ Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON L 40 TEMPERANCE STREET, BOWM~NVILrl' B~TARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-26..o3 PAGE 2 of2 BACKGROUND AND COMMENT Private security companies have traditionally been employed by certain private property owners within the Municipality of Clarington to provide on site security and parking enforcement. In order for them to be able to issue parking tickets they must first be appointed by Council. Roger Wiggins and Rebecca Davis have been hired by Securitas Canada at 2377 Highway #2, Bowmanville and 1414 Highway #2, Courtice. In addition, Colleen Anderson and Misty Thompson will also be enforcing at 1414 Highway #2, Courtice. Joseph B. Staszewski and David E. Hutchinson have been hired by Virtual Park Inc. at 153 King Street East, Bowmanville. Once appointed they will receive instruction from staff on proper procedures for issuing parking tickets. ATTACHMENT: 1 By-law to Appoint Parking Enforcement Officers for Private Property 2 By-law to Appoint Parking Enforcement Officers for Private Property Interested parties to be advised of Council's decision: Virtual Park Inc. 709 Brimley Road Toronto, ON M 1 J 1 C3 Krown Rust Control 153 King St., East Bowmanville, On 11 C 1 N9 Securitas Canada Limited 909 Simcoe Street Unit 1C Oshawa, ON L 1G 4W1 1 1 08 J J J J j J .J J J .J J J J J J J J J J L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003 - ~ L. Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property L WHEREAS Section 15(1) of the Police Services Act R.S,O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and L L WHEREAS it is desirable to appoint Roger Wiggins and Rebecca Davis as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway No, 2 Bowmanville and 1414 Highway #2, Courtice in the Municipality of Clarington; \ L. L L L L L L L L L NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1, Roger Wiggins and Rebecca Davis are hereby appointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway # 2 Bowmanville and 1414 Highway #2 Courtice, in the Municipality of Clarington, 2, 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, By-law read a third time and finally passed this day of 2003, MAYOR L MUNICIPAL CLERK ! l L L ,>' 11 09 By-law read a third time and finally passed this day of 2003. J J J J J J J J J J J J J J J J J J J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2003 - Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S,O, 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Colleen Anderson and Misty Thompson as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1414 Highway #2, Courtice in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Colleen Anderson and Misty Thompson are hereby appointed as a Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 1414 Highway #2 Courtice, in the Municipality of Clarington, 2, 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. MAYOR MUNICIPAL CLERK 10 L ~ C~mgron L L L L L l L l L l L L L I L L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: CLD-27 -03 File #: By-law #: Subject: WASTE AND LITTER BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-27-03 be received; and 2. THAT the Waste and Litter By-law attached to Report CLD-27-03 be forwarded to Council for passage. Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer n ~^-aAJ.-Q~~ e~)1.... ~ . '\ ;//~ PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMA_NVIL~El ~~TARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD.27-o3 PAGE 2 of2 BACKGROUND In April of this year Council approved a new Lot Maintenance By-law. At the time By-law 2003- 046 was passed the Municipality's old Waste Material By-law 90-160 was rescinded. By-law 90-160 was over twelve years old and in need of revision. The proposed by-law is part of a two step process which, in conjunction with By-law 2003-046, will streamline the requirements of the old Waste Material By-law by removing some unnecessary verbiage and outdated procedures. The by-law sets out a separate category for "litter" as opposed to general "refuse". This will allow staff to apply to the Court for a separate fine amount for minor incidents of dumping. Serious dumping incidents can be dealt with more strictly and penalties can be much higher. In cases where the person responsible is known, the proposed by-law will allow the investigating officer to order that person to remove the refuse or litter from a property and legally dispose of it. In recent months staff has observed an increase in the number of complaints of garbage left at the curbside by the Municipal Contractor, This had been a weak area of the old Waste Material By-law. The proposed by-law will require an owner/occupant to remove rejected matetial from the curbside by noon of the day following the collection day. The provisions of the Municipal Act, 2001 give the Municipality greater latitude to clear the property and charge the costs back to the owner, In those incidents where it is the property owner who has dumped or deposited refuse on their own land the officer may still elect to proceed by means of the Property Standards By-law to effect the clean up of the property. ATTACHMENT #1 Waste and Litter By-law 1 1 1 ? J J J J J J J J J J J J J J J J J J' :f- J L L L L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By.law 2003. Being a by-law to regulate the dumping, disposing and removing of refuse. debris, litter and other waste materials on lands within the Municipality of Clarington WHEREAS section 127 of the Municipal Act, 2001, S,O, 2001, c, 25 provides that local municipalities may pass by-laws to clean and clear lands of refuse and debris and may prohibit the depositing of refuse and debris on land without the consent of the owner or occupant of the land; L NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1, In this By-law the following definitions shall apply: MCosts- shall mean the actual cost of labour and materials incurred by the Municipality to clean and clear up a property pursuant to a direction issued by an Officer, Such costs shall include an administrative fee of 10% added to the invoiced cost. \ L. L Mlitter" shall include but is not limited to scrap paper, bottles, cans, plastic or other containers. food containers and wrappers, paper and plastic bags, MMunicipality" means the Municipality of Clarington, MOfficer" means a Municipal law Enforcement Officer of the Corporation of the Municipality of Clarington, L L L MRefuse- includes any garbage, debris, waste material or effluent that in the opinion of the officer, I. Appears to have been cast aside, discarded or abandoned; or L L II. Appears to be worthless, useless or of no practical value; or III. Appears to be used up in whole or in part or expended or wom out in whole or in part, L L L L 2.0 No person shall, throw, place or deposit refuse or littler on private property within the Municipality. 2,1 No person shall throw. place or deposit refuse or litter on Municipal property , 2.2 No person shall throw. place or deposit refuse or litter on a public road allowance within the Municipality, L 2.3 Notwithstanding Section 2.2 an owner/occupant of a premise may place refuse and recycling on public road allowance, out front of said premise, for municipal refuse collection provided it is not placed out any earlier than 6:00 p,m. on the day preceding collection day, 3,0 No person shall use any land or structures within the Municipality for the dumping, disposing or storage of any refuse or litter, 3,1 Every owner, lessee or occupant of property located within the Municipality shall clean and keep his land clear of all refuse and litter of every kind, l 1 3 4,2 Where a person has thrown, placed or deposited refuse or litter on any property, the Officer may order the person to remove and properly dispose of the material in a manner as directed by the Officer, 4,3 Where a person fails to remove any refuse or littler as directed by the Officer, the Municipality and its agents may, in addition to any other penalty, enter upon the land in question, at any reasonable time and remove and dispose of the refuse. J J J J, J 3,2 No person shall leave any items not ~ up by the municipal garbage collection contractor on the public road allowance any later than 12:00 noon on the day following the refuse collection day, 4,0 Upon receipt of a written complaint an officer may enter upon land at any reasonable time to inspect the land to determine whether the provisions of the by-law are being complied with. 4,1 Upon inspection of a contravention of this by-law an officer may direct the refuse or litter to be removed in a time and manner as specified by the officer, Mayor J J J J J J J J J J J J J J 4,4 In performing any work as required to bring the property into compliance, the Municipality and its agents shall not be liable to compensate such owner, lessee, occupant or other person having interest in the property by reason of anything done by or on behalf of the Municipality under the authority of this by-law. 4,5 The Municipality may recover the costs incurred for all work done pursuant to the direction of an officer issued under section 4.1 by action or by adding the costs to the tax roll and, collecting the amount in the same manner as taxes, 5,0 If any section of this by-law is for any reason held to be invalid, the remaining sections shall remain in effect until repealed, 6,0 Every person who contravenes any provision of this By-law is guilty of an offence and shall, upon conviction be liable to punishment as provided under the Provincial Offences Act. By-law read a first and second time this 23rd day of June 2003, By-law read a third time and finally passed this 23rd day of June 2003. Municipal Clerk 1 4 L ~ Clw:pn L L L t L. L l l L L L L L L L . i I.. L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: CLD-28-03 File #: By-law #: Subject: APPOINTMENT OF OFFICERS TO ENFORCE THE MUNICIPAL OPEN AIR BURNING BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-28-03 received; 2. THAT Michael Creighton, William Hesson, Gordon Weir, Randy Reinert, William Reid and Jacqueline Hill-Bower be appointed as a Municipal Law Enforcement Officers for the purpose of enforcing the Clarington Open Air Burning By-law; and 3, THAT the appropriate by-laws be forwarded to Council for passage. cJ ~~ Qhc Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTA~IO L 1C 3A6 T 905-623-3379 F 905-623-6506 .. 1 11 ~ REPORT NO.: CLD-2S-03 PAGE 2 of2 BACKGROUND In 1990 Municipal Council passed the Open Air Burning By-law. The by-law prohibited open air burning within the Municipality with a few specific exceptions, Originally the proced~re for investigating burning complaints required the Fire Captain on site to issue an initial Order for first time offenders. Only in the case of a repeat offender would the Municipal Law Enforcement Division become involved. This procedure has become overly complicated over the years with the duplication of records between Emergency and Fire Services and the Municipal Law Enforcement Division. Staff has discussed this problem and both Departments agree that it would be more efficient to centralize the enforcement in one area. The Municipality's three Fire Prevention Officers are empowered under the Fire Protection and Prevention Act to enforce the provisions of the Fire Code, as are the Director, Michael Creighton and the two managers Gord Weir and Bill Hesson. By moving the enforcement of the by-law to the Emergency Services, there will be a time saving through one central dispatch as well as the reduction of witnesses necessary for court, in the event that charges are laid, The inclusion of the Director and two managers will ensure sufficient officers are available to respond to any calls for service. Staff has agreed that once appointed there will be an in-house training session with these people to familiarize them with the actual enforcement provisions of the By-law. ATTACHMENTS: 1 - 6 By-law to Appoint Municipal Law Enforcement Officer for the Open Air Burning By-law 1 1 1 6 J J J J J J J J J J J j J J J J J J J L L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2003- I L Being a By-law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By-law . L. WHEREAS Section 20 of the Police Services Act R.S.O. 1990, c, 10, Section15 (1), authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and L L L L L L L L L L L WHEREAS it is desirable to appoint Michael Creighton as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the Open Air Burning By-law of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Michael Creighton is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first time this BY -LAW read a second time this day of day of BY -LAW read a third time and finally passed this day of 2003 2003 2003 Mayor Municipal Clerk i 1.. ~- f, .. I L. 1 1 1 7 Being a By-law to appoint a Municipal Law Enforcement Cfficer to enforce the Clarington Cpen Air Burning By-law J J J J J THE CORPCRATICN CF THE MUNICIPALITY CF CLARINGTCN BY-LAW NO.. 2003- WHEREAS Section 20 of the Police Services Act R.S.C. 1990, c, 10, Section15 (1), authorizes a Council of any Municipality to appoint one or more By-law Enforcement Cfficers, who shall be Peace Cfficers for the purpose of enforcing the By-laws of the Municipality; and BY-LAW read a third time and finally passed this day of 2003 J J J J J J J j WHEREAS it is desirable to appoint Gordon Weir as a Municipal Law Enforcement Cfficer by By-law for the purpose of enforcing the Cpen Air Burning By-law of the Municipality of Clarington as amended; NCW, THEREFCRE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Gordon Weir is hereby appointed as a Municipal Law Enforcement Cfficer for the Municipality of Clarington. BY-LAW read a second time this day of day of 2003 2003 BY-LAW read a first time this Mayor J j J J J J Municipal Clerk 1 1 8 , L. L l THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO, 2003- L Being a By-law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By-law I L. WHEREAS Section 20 of the Police Services Act R.S,O. 1990, c, 10, Section15 (1), authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and L t L. l L l L l WHEREAS it is desirable to appoint William Hesson as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the Open Air Burning By-law of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1, THAT William Hesson is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington, BY -LAW read a first time this BY -LAW read a second time this day of day of I L. BY-LAW read a third time and finally passed this day of 2003 2003 2003 t ~ Mayor l L Municipal Clerk L L. L 1 9 Being a By-law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By-law J J j J J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2003- WHEREAS Section 20 of the Police Services Act R.S.O, 1990, c, 10, Section15 (1), authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and BY-LAW read a third time and finally passed this day of 2003 J J J J j J j J WHEREAS it is desirable to appoint Randy Reinert as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the Open Air Burning By-law of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Randy Reinert is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first time this BY-LAW read a second time this day of day of 2003 2003 Mayor j j J J J J Municipal Clerk 1 20 t ~ L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON , .. BY-LAW NO, 2003- L Being a By-law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Buming By-law l WHEREAS Section 20 of the Police Services Act R.S.O, 1990, c. 10, Section15 (1), authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and L L L L L L L WHEREAS it is desirable to appoint William Reid as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the Open Air Burning By-law of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT WIlliam Reid is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington, BY-LAW read a second time this day of day of 2003 2003 2003 BY-LAW read a first time this I L. L L L BY-LAW read a third time and finally passed this day of Mayor Municipal Clerk L L L 21 BY-LAW read a third time and finally passed this day of 2003 J J J J J J J J J J j J j j j J J J J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2003- Being a By-law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By-law WHEREAS Section 20 of the Police Services Act R.S,O. 1990, c. 10, Section15 (1), authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Jacqueline Hili-Bower as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the Open Air Burning By-law of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Jacqueline Hill-Bower is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY -LAW read a first time this BY -LAW read a second time this day of day of 2003 2003 Mayor Municipal Clerk 1 '22 L L l L L L L L L L L L L L L l l L L Cl~~n REPORT h_ I CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE. Date: June 16, 2003 Resolution #: Report #: COD-021-03 File #: By-law #: Subject: Co-operative Tender CL2003-6, Traffic Signs . Recommendations: It is respectfully recommended that the Genert;ll Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-021-03 be received; 2, THAT Scugog Signs, Pontypool, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-6 be awarded Part A for the requirements of the Municipality of Clarington for traffic signs; 3, THAT the contract be extended for a second year, pending satisfactory service and pricing; and 4, THAT the required funds be drawn from the respective year's budget allocation for Traffic and Street Signs. Submitted by: Reviewed by: 0 ~- W1..... . Franklin Wu, Chief Administrative Officer ~\ ~dCv- arie Marano, H,S,Sc., C,M,O, DiredO~k~ A.S, Cannella, C,E.T, Director of Engineering Services MM\LAB\LM\lm 1201 1202 2 J J 'I, J J J J J J J J J J J J J J J J J REPORT NO.: COO-021-D3 PAGE 2 BACKGROUND AND COMMENT A tender for the supply and delivery of Traffic Signs (Part A) and Sign Blanks (Part B) was issued on , a Co-operative basis with the City of Oshawa, City of Pickering, Town of Whitby and the Region of Durham participating. A summary of bids marked Schedule "A" listing all bidders and their respective bid amounts is attached, The Municipality of Clarington requirements are for Part "A" only and are approximated to be $38,000.00 a year and are included in the total bid amount reflected on Schedule "A". As the total usage requirements of each of the participants fluctuates from year to year and as the pricing is based on anticipated volume, an overall percentage increase or decrease can not be determined. However, in spot checking individual prices any increases proposed are reasonable, The contract resulting from this tender will cover the supply and delivery of various signs and miscellaneous hardware to the Municipality of Clarington on an "as required" basis, Subject to satisfactory pricing and service and upon agreement by the Co-operative participants it is recommended that the contract be awarded for a second year, The required funds will be drawn from the respective years budget allocation for Traffic Signs and Street Signs, The Director of Finance has reviewed the funding requirements and concurs with the recommendation, Queries with respect to department needs, specifications, etc" should be directed to the Director of Engineering Services, After further review and analysis of the bids by Purchasing, the Durham Purchasing Co-operative and the Engineering Department, it is respectfully recommended that the Municipality of Clarington requirements for Traffic Signs as included in Part "A" of Tender CL2003-6, be awarded to Scugog Signs, Pontypool, Ontario. The subject firm has provided satisfactory service to the Municipality of Clarington in recent years. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 L L L L L L L L L L L L L l L L L L L Cl~iUgron Municipality of Clarington SCHEDULE "A" BID SUMMARY TENDER CL2003-6 TRAFFIC SIGN REQUIREMENTS , BIDDER 10T~L SID , T()T.\LSID AMOUNT AMOUNT ,PART'. A PART I Mechanical Advertising $1 30,590.83 $32,880.20 Oshawa, ON Scugog Signs $1 1 6,91 7.73 $31 ,774.21 Pontypool, ON Note: Bids amended to move Page 28 from Part A to Part B 1203 J J J J J J J J J J J J J J J J J I J L L l L l L L L L L L L L l L l L L L CWJlJgtnn REPORT, CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday, June 16, 2003 Report #: COD-022-03 File#_ By-law # Subject: CL2003-13, SURFACE TREATMENT AND ASPHALT AND SURFACE TREATMENT PULVERIZING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-022-03 be received; 2, THAT Miller Paving Limited, Markham, Ontario with a total bid in the amount of $247,899.74 (including G,S,T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-13, be awarded the contract to supply and apply Surface Treatment and to provide for Asphalt and Surface Treatment Pulverizing, to various roads as required by the Municipality of Clarington; and 3, THAT the funds required be provided from the Operations Department 2003 Budget - Surface Treatment Account #7208-00441-0261; FORTHWITH. Submitted by: Reviewed ~~-::; ~ Franklin Wu, Chief Administrative Officer Ie arano, H.B,Sc., C.M.O. Director of Corporate Services ~1?2:,~ F." I'd'"' !fM"",rl. Fred ric Horvath, B,A" RO,M,R, RRF,A. Director of Operations MM\LAB\LM\FH\eo 1204 REPORT NO.: COD-022-o3 PAGE 2 BACKGROUND AND COMMENT Tender CL2003-13 was advertised and issued with bids being received and tabulated as follows: Miller Paving Markham, ON Royel Paving Limited' Lindsa ,ON $247,899.74 $307,031.15 The unit prices bid represent an average 8% increase for liquid emulsion and a 8% increase for pulverizing over those bid for the 2002 contract. The total funds required for Tender CL2003-13, Surface Treatment and Pulverizing, are included in the Operations Department 2003 Budget - Surface Treatment Account #7208-00441-0261, Timing is of the essence in the award of this Contract in order that the work may be completed in a timely manner. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. After further review and analysis of the tenders by Operations and Purchasing, it was mutually agreed that Miller Paving Limited, Markham, Ontario, be recommended for the contract to Surface Treat and Pulverize Municipal roads as required. The subject firm has previously performed satisfactorily for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 1205 J J '\ J J J J J J J J J 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 Cl~J!il}glOn I REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: COD-023-03 File #_ By-law # Subject: Lions Club Offer to Lease, Clarington Beech Centre Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-023-03 be received; 2, THAT the offer from the Lions Club for the lease of space in the Clarington Beech Centre in the amount of $6,50 I square foot for the term of October 1, 2003 to June 30, 2004 be approved, 3. THAT upon expiry, the lease be extended for a 2nd year pending satisfactory negotiation of a market based lease rate; 4, THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the lease agreement with the Lions Club be forwarded to Council for approval. Reviewed by: 0 ~ ---Gs-t... Franklin Wu, Chief Administrative Officer Submitted b~ MM\LAB\km 1206 REPORT NO.: COO-o23-o3 PAGE 2 J J J J J J J J J J J j J J J J J J J BACKGROUND AND COMMENT Subsequent to Report COD-007-03, and Council's resolution # GPA-147-03 rejecting the initial offer from the Lions Club for rental of space at the Clarington Beech Centre for the operation of the Bowmanville Nursery School, staff have met with the various parties involved in an attempt to negotiate a satisfactory agreement. A market analysis has also now been completed for the space currently leased by the Lions, which indicates that a rental rate of $6,50 per square foot would be reasonable, This is based on the functional utility of the space and the high vacancy rate for second floor commercial units, A revised offer in the amount of $6,50 I square foot has now been received from the Lions Club to lease the space for the period of October 1, 2003 to June 30, 2004, They have also indicated a second year option subject to satisfactory negotiation, The rate will be based on current market rates. Rental fees for the Lions Club meetings will be paid directly to Clarington Older Adult Centre and are not included in this lease agreement as was the case in the previous lease, The Finance Department has reviewed the proposed agreement for compliance with assessment related issues. " Based on the existing market rate, it is respectfully recommended that the proposed lease be accepted. For the information of Council, the Clarington Older Adults Association have been advised of the proposed agreement and have advised they will not require the space throughout the term. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1?n7 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 the execution of an offer to lease Agreement between the Corporation of the Municipality of . Clarington and the Lions Club, in respect of a lease for the Clarington Beech Centre, situated at 26 Beech Street, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1, THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Lions Club of Bowmanville, Ontario, and said Corporation; and 2, THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2003, By-law read a third time and finally passed this day of ,2003. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1208 J , J J J ,',' J J J J J J J J J J J J J I I L L l L L L L L L l L L L L L L L L l ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16th, 2003 Report #: COD-024-03 File # By-law # Subject: TENDER CL2003-14, DRIVEWAY PAVING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-024-03 be received for information, 2, THAT Tri-Son Contracting Inc" Port Perry, Ontario, with a total bid amount in the amount of $62,862,50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-14, be awarded the contract for Driveway Paving; and 3, THAT the funds expended be provided from the 2003 Operations Budget. Submitted by: a~ Marie Marano, H,B,Sc" C.M,O, Director ,of Corporate Services /-~- Reviewed by: 0 ~ -G-n...... Franklin Wu, Chief Administrative Officer MM\LAB\km 1209 REPORT NO.: COD-024-03 PAGE 2 BACKGROUND AND COMMENT I Tenders were publicly advertised and called for Driveway Paving, as required by the Ope~ations Department. Subsequently, tenders were received and tabulated as follows: Tri-Son Contracting Inc, Port Per ,Ontario $62,862,50 The Operations Department requires approximately 2,500 square metres of driveway paving. For the information of Council, the unit prices per square metre represent an approximate 6% increase over those bid, for 2002, With respect to only one bid being received, other vendors have responded they were either too busy to complete the work or unable to be competitive, After further review and analysis of the tender by Operations and Purchasing, it was mutually agreed that Tri-Son Contracting Inc" Port Perry, Ontario, be recommended for the contract for Driveway Paving, as required by the Operations Department. The total funds required for Tender CL2003-14, Driveway Paving, are included in various accounts within the 2003 Operations Budget. The Director of Finance has reviewed the funding requirements and concurs with the recommendation, Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. The low bidder has previously performed satisfactorily for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1 21 0 J J J J J J J J J J J 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 Cl~n REPORT CORPORATE SERVICES DEPARTMENT , Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16th, 2003 Report #: COD-025-03 File #_ By-law # Subject: RFP2003-5, TANKER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-025-03 be received for information. 2. THAT Advanced Engineered Products Ltd., Concord, Ontario with a total bid amount of $158,691.70 (including GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP 2003-5, be awarded the contract for the supply and delivery of one only Tanker as required by the Municipality of Clarington Emergency Services Department; 3, THAT the required funds in the amount of $150,000,00 be drawn from the 2003 Capital Budget Account # 5000-8210-03002; and 4, THAT the additional funds in the amount of $8,691,70 be drawn from Account # 1110-195-X. Submitted by: Reviewed bY:() ~~ ~ . Franklin Wu, Chief Administrative Officer MM\LAB\MC\km 1 21 1 REPORT NO.: COD-02S-o3 PAGE 2 J J J J J J J J J J J J J J J J J ~ J BACKGROUND AND COMMENT A Request for Proposal for a Tanker was issued and received as per Schedule "A" attached, A committee comprised of representatives from Emergency Services, Operations, the Fire Fighters Local Union and Purchasing reviewed each of the submissions, The budgeted portion of the project exceeds the 2003 budget allocation of $150,000,00 by $8,691.70, as identified in the draft Capital Budget (Emergency Services Section), It is therefore recommended the required funds in the amount of $150,000.00 will be drawn from Account # 5000-8210-03002, and the additional funds in the amount of $8,691.70 be drawn from Account # 1110-195-X, in which there are sufficient funds remaining from the purchase of the 2002 Rescue Pumper, After further review of the bids by the committee, it was mutually agreed that the bid from Advance Engineered Products Ltd, Concord, Ontario in a amount of $158,691,17 be recommended for the contract award to supply and deliver one (1) only Tanker and that the trade-in offered in the amount of $4,500,00 be accepted. It is staff's opinion that the trade-in exceeds any amount that would be realized at the Regional Auction Sale, The Director of Finance has reviewed the funding requirement and concurs with the recommendation, Queries with respect to the department needs, specifications, etc" should be referred to the Director of Emergency Services, The subject firm has previously provided satisfactory service for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40. TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1 21 2 l L L l L L L L L l L L L L L L L L L Cl~mgron Municipality of Clarington SCHEDULE "A" .. BID SUMMARY REQUEST FOR PROPOSAL RFP2003-5, TANKER BIDDER TOTAL BID TOTAL BID AMOUNT AMOUNT Advanced Engineered Products $158,691,70 FL80 Concord, ON Superior Emergency Vehicles $160,979,37 Option A FL70 - No Inspections Red Deer, Alberta $170,609,36 Option B FL 70 - Inc. Inspections $167,763,16 Option C FL80 - No Inspections $177,393,16 Option D FL80 - Inc. Inspections Carl Thibault Fire Trucks Inc, $162,022,61 GMC C8500 Pierreville, Quebec Dependable Emergency Vehicles $163,126,85 GMC TC8500' Brampton, ON Almonte Fire Trucks Ltd. $173,554,00 Option A GMC C8500 Carlton Place, ON $165,293,60 Option B GMC850 Demo Unit * Asphodel Fire Trucks Ltd, $176,893.47 GMC 8500 * Norwood, ON Darch Fire Inc, $186,217.45 Freightline FL80 * Avr, ON *Does not meet specifications H:\BIDSUMM\2003\BSRFP03-5.DOC 1 2 1 3 J , J "" J I ] ',' J J J J J J J J J J J J J i J l L L L l l l l L L L L L L L l L L L C[!J!llJgroH REPORT I CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: COD-028~03 File#_ By-law # Subject: TENDER CL2003-1, SNOW CLEARING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-028-03, be received; 2, THAT D & F Snow Removal, 80wmanville, Ontario, with a total bid in the amount of $1,791,18 for Section I, $4,258,00 for Section 2, and $1,455,20 for Section 3, including GST, being the lowest responsible bidder meeting all terms, conditions and specifications of tender CL2003-1, be awarded the contract for Snow Clearing for the term commencing approximately December 1, 2003 and expiring on November 30, 2006; and 3. THAT the required funds be drawn from the respective year's operating budget for snow clearing. ~ / ~- Submitted b, // , arie Marano, H,8,Sc" C,M,O. Director of Corporate Services 11~R~~ F"I\ f'q~D ri..t{tJfT'd Fred Horvath, RDMR, RRFA, Director of Operations Reviewed bij~- e.Jz.... ranklin Wu, Chief Administrative Officer MM\LAB\km 1 21 4 REPORT NO.: COD-028-03 PAGE 2 J J ] J J )" "f J J J J J J J J ] I J I J BACKGROUND AND COMMENT ,I Tenders were advertised and issued for snow clearing and winter maintenance of Municipal property, sidewalks and parking lots for the term commencing approximately December 1, 2003 ,find expiring November 30, 2006, Subsequently bids were received and tabulated as per Schedule "A" attached, The tender provided for pricing on the following options: OPTION 1, SPECIFIED LOCATIONS: A Section 1, Courtice B Section 2, Bowmanville C Section 3, Newcastle, Orono, Hampton, Solina, Burketon, Enniskillen, Newtonville, Maple Grove and Rural Areas D Combination of any of the three sections as' per the Specifications, OPTION 2, ALL MUNICIPAL SIDEWALKS. APPROVED WINDROWS AND MUNICIPAL PROPERTIES: A Section 1, Courtice B Section 2, Bowmanville C Section 3, Newcastle, Orono, Hampton, Solina, Burketon, Enniskillen, Newtonville, Maple Grove and Rural Areas D Combination of any of the three sections, all municipal sidewalks, approved windrows and Municipal Properties, The Municipality also reserved the right to award Option 1 and 2 and to award all sections together or separately, whichever was in their best interest. Contractors were permitted to bid on Option 1 and / or 2 and on one or more sections, however must bid on all items within each section, There are 5 parts to each section; Part 1- Town Owned Properties, Part 2 - Additional Sidewalks, Part 3 - Municipal Facilities, Part 4 - Senior Citizens and Physically Disabled Snow Clearing Program and Part 5 - Snow Removal of Boulevards, Bidders were also advised that continuance of Part 4 of each section of Option 1 and 2, Senior Citizens and Physically Disabled Snow Clearing Program is at the discretion of Council in any given year and that Part 5 of each Section of Option 1 and 2, Boulevards would be awarded at the discretion of Council and only upon very high snow falls. 12\5 L l L L L L L L l L L L L L L l L L L REPORT NO.: COD-028-03 PAGE 3' The purpose of dividing the tender into 3 sections and allowing bidders to quote on any or all three sections was to encourage smaller bidders to take part in the process and promote competition, In previous years, this tender was all inclusive and included all locations within th~ Municipality which provided for a very large contract and may have eliminated some potential bidders. To accurately determine the successful bidder for each section we must minus Part 5' Boulevards from each bid as this would be awarded at the discretion of Council and only upon very heavy snow falls as previously mentioned, Schedule "A" attached reflects this adjustment. It is further recommended that Option 2 - All Municipal Sidewalks, approved windrows and Municipal Properties not be considered at this time due to the high cost and budget impact, After further review and analysis of the bids submitted by Purchasing and Operations Staff it was mutually agreed that D and F Snow Removal, Bowmanville, Ontario be recommended for the contract for Snow Clearing and Winter Maintenance for Option 1, Section 1, 2 and 3. The prices submitted for each section are firm for the duration of the contract. Due to the many additions to the contract since 2000, it is difficult to determine an exact price increase, However, based on a comparison of the un!t prices it is minimal. The successful bid in 2000 was at a total of $6,437,50 per call out. At the end of the contract, the cost of a one time call out was approximately $8,900.00 depending if windrow clearing was needed. This total reflects the addition of 4,773 metres to the contract. The low bidder has previously provided satisfactory service for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation, Queries with respect to department needs, specifications, etc" should be directed to the Director of Operations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1 21 6 , Clfll-mgton Municipality of Clarington BID SUMMARY - SCHEDULE "A" CL2003-1, SNOW CLEARING D & F Bid o & F Bid Tom's Tom's GWS Bid GWS Bid (Including Minus Part 5 Landscaping Landscaping Minus Part GST) +GST Bid Bid Minus Part 5 + GST 5 + GST ODtlon 1 Section 1 $5,375,68 $1,791.18 $130.825.75 $2,401.68 $18.935.00 $1,829.70 Section 2 $20,041,10 $4.258.60 0 0 0 0 Section 3 $9.078.95 $1.455.20 0 0 0 0 TOTAL $34,395.73 $8,775.66 ODtlon 2 Section 1 $17.786.29 0 0 Section 2 $36.903,53 0 0 Section 3 $14.607,30 0 0 TOTAL $69,297.12 Dump $60.00/hr. $85.00/hr. no fee Truck submitted Rate (Tandem) Dump $50.00/hr. $70.00/hr. $120.00/hr. Truck Rate (single axle) Loader $60.00/hr. $85.00/hr. $80.00/hr. Rate (1 cu. veil Loader $80,OO/hr. $100.00/hr. $120,OO/hr. Rate (2.2 cu. veil Additional $ .50/m. $ .13/m. $ .10/m. Sidewalk Fee I , 21 7 ] J 1 ] J J J J J J J J J J ] j II J I t L L L l L L L L L L L L l l L L L L L ClmiPn REPORT' FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MONDAY, JUNE 16,2003 Resolution #: Report #: FND-013-03 File #: By-law #: Subject: DURHAM MUNICIPAL INSURANCE POOL STATUS AND INSURANCE COVERAGE FOR THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report FND-013-03 be received; and 2, THAT the Director of FinancelTreasurer be authorized to finalize the general insurance placement for the period July 1, 2003 to July 1, 2004 for the Municipality of Clarington including the option to place insurance with the Frank Cowan Company, as a pool member should the Durham Municipal Insurance Pool not secure pool coverage from the insurance market. Submitted by: O~~,.-tv~ Reviewed by: Franklin Wu Chief Administrative Officer NMT/hjl 1301 REPORT NO.: FND-013-03 PAGE 2' J J J j J J J J J J J J J J J J J I I J BACKGROUND 1,0 INTRODUCTION . In January 2003, an insurance consultant was retained by the Durham Municipal Insurance Pool based on the company's competitive access to the general insurance marketplace. The consultant was authorized to negotiate. directly with any insurance companies with respect to the general insurance program of the Durham Municipal Insurance Pool. . Insurance market conditions since 2001 have been extremely challenging, with underwriters continuing to be particularly restrictive on coverage, pricing and capacity in the insurance market. Clients are experiencing a wide range of increasing premiums for recent renewals. . Capacity continues to be a major concern for insurers in the municipal sector. Markets that were able to offer $10 million in limits in the past are now only , offering $1 million. . Our consultant is continuing to negotiate the DMIP insurance coverage, However, significant challenges have been encountered and the consultant may not able to finalize the placement for July 1, 2003. . If they are able to make appropriate arrangements, the Pool members will not be notified until the end of June, . Our consultant has recommended that alternate arrangements be made available if the need arises, . Regardless of the final option recommended by the Board of Directors of the Durham Municipal Insurance Pool, insurance coverages will be in place effective for July 1, 2003 to July 1,2004, 2,0 The members of the insurance pool are committed to continuing with the pool concept provided that coverage can be obtained, However, the pool has explored alternatives in the event that this does not occur. . Through the pool, Clarington has received a quote from the Frank Cowan Company, . The direct quote from Cowan is $459,237 for one year. It does not include adjusting costs and deductible levels would be $25,000 for liability coverage. This represents a 52% increase over what we contribute to the pool on an annual basis ($302,797), 1302 ~. . '- L l 1 ... L \ .. l l L 1 . L L L L , .. L t L l L REPORT NO.: FND-013-03 PAGE 3 . The other successfully operating municipal pool in Ontario is based in Waterloo. Their three year term for their existing coverage expires May 1, 2004, Should the Durham Pool be unable to secure coverage under the pool structure, it may be advantageous to approach the market place co-incidental with the Waterloo pool in an effort to leverage the interest in the market. . As an intermediary measure, if the consultant is unable to secure coverage for July 1, it is proposed that the pool work together to secure placement through Frank Cowan Company, with the view to approach the market again in conjunction with Waterloo as mentioned above. . The overall premium quote increase to the entire pool group members is approximately 23%. The pool is proposing that each member contribute to the pool, the prior year contribution plus 23%, In this way, all members are limited to 23% increase as an interim measure. . For Clarington, this will result in a contribution to the pool for insurance coverage of approximately $375,000. 3,0 It is therefore recommended the Director of FinancelTreasurer be authorized to finalize the general insurance placement on behalf of the Municipality of Clarington and report back to the Council in September 2003. 4,0 NEXT STEPS . The Director of FinancefTreasurer will continue to work with the consultant, the insurers and the Durham Municipal Insurance Pool to finalize the July 1, 2003 insurance renewal. A subsequent report will be forwarded to Council regarding the placement of insurance and the status of the Durham Municipal Insurance Pool, after Council recess. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 1303 J , J j J J J J J J J J J J J J J J j J L L l L l \ .. ,L ~ L L L l \ ... ~ I. L L L L L ,L C~n REPO,RT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JUNE 16, 2003 Resolution #: Report #: FND-014-03 File #: By-law #: Subject: EDUCATION FUNDING FORMULA Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report FND-014-03 be received; and 2, THAT the correspondence from the Municipality of Trent Hills entitled Response to School Accommodation report be received for information, Submitted by:- Reviewed bYO ~~ Franklin Wu, Chief Administrative Officer. NT/hjl 1304 REPORT NO.: FND-014-03 PAGE 2 BACKGROUND AND COMMENT: 1.0 At the Council meeting of March 17,2003, correspondence item 0-18 from the Municipality of Trent Hills (Attachment "A") was referred to staff, The Municipality of Trent Hills was requesting the Province of Ontario to change its funding formula for the Kawartha Pine Ridge District School Board from urban status to rural status and provide adequate funding to keep rural schools open and ensure busing service to those schools, 2.0 Staff have contacted the school board to request clarification on this issue, A response was received from Mr. Bob Alllison, Superintendent of Business Services and Treasurer (Attachment "B") 3,0 As indicated in the letter from the school board, there is no 'rural school board' category in legislation, The rural communities funding that is being proposed is detailed in the attachment to Mr. Allison's letter and is supported by the Kawartha Pine Ridge District School Board, RECOMMENDATION 4.0 It is recommended that the correspondence received from the Municipality of Trent Hills be received for information as this issue is being appropriately addressed by the Board, They are aggressively pursuing all opportunities for funding, Attachments: Attachment "A" - Correspondence from Municipality of Trent Hill Attachment liB" - Correspondence from Kawartha Pineridge District School Board CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1305 J J J J J J J 1 , J J J J j J J J .t j I H'" "'V, .U: I".'U. 705 653 5203 HUN OF TRENT HILLS ~ " i, Attachment "A" . RESPONSE TO SCH.QQ..UCCOMMoDA nON REPORT, October, 2002 ~e Co;"'cil of the Municipality of Trent HiI1s, at their meeting held on February 17, 2003, passed the {:.'Ollowing resolution for which your support is requested. 'WHEREAS the KPR Board of Education jurisdiction is romposed primarily of a rural sparsely lOPulated area; AND WHEREAS a great percentage of the ~oard's students have to be bused to school; ~ WHEREAS in many ';"ses these buses travel great distances to complete their runs _ translating into great COsts in terms of student time on the road,. fuel and operation of buses, and the environment; k WHEREAS KPR and the province of Ontario are closing schools and consolidating the student population in a few centres; k WHEIuiAS~' a.2r;~ii Woti1ij: ;;"p~ct ~~;"'ls and their families deiriilientaUy (socially, ";"'otiOnallY, .financially),; ... .. ..... _ . 1ti WHEREA:Scli,'sing~f,,;tal scl,,,ols ~ tlfua.ct from the existing high quality of life that our ruraLcommuni~!'IIio)<; ... ..... ."..... ... ... J.rn ~REA~ th~ Province of OI1tario is investing (with partners) co~idera~;e ~ances for the E,arly .Y ears to.gi~~ Stud~~ .a,I;>\"!I.1;hy'~~ to life and better preparation for school entry; . .Aw WHE~s ~y~~tieshave StaIted (and will continue to expand) breal<fast programs at q,cati\l11S near the sChools for nei'dy stUdenls to help them rope with already long dajll; .. . .. Jm WHEREAs the Provincial GoV=ment states. it is in suppon of economic, ~l!\'f:lopmentand ;rowth in its rural areas;.. ' ,', " . , . ....' , , , 1m WHEREAS1;he ~VeIJln!""t ~s GOntributedsjgnificant sums of money to 1;!,l!1'ai..lob Strategy or SuperBiiild Jlt?i~.in the interesi of job cieation ;md economic development;'. .., ' 1b WHEREAS it is a known ~ that a good schOOl in a COlIII!1unity is a l<J'Y ell!J11el!t in attracting 's;l!.ems, seryic~s, ai;i~_~cqnomic development;" ,,' , , c" Jr.; WHEREAS m~cipa1ities are actively endeavouring to promote economic development; ~ REFORE beiiresi,lved that the Council of the Municipality of Trent Hills reqncits the Province ~ntario to change if" funding formula fur KPR from urban to rural status and prpyide a<!eqUl!!!' 1(ng tokeep rural schools open aIld ~ASUI:el.lusi11g~ervice to those schools; '. '. ,.:: " :, .t FURTHER. ~tthis resol~ti~n be~rv.rarded to 1;he KPR Board of~ucation, and~ lower and t tier ~~ci~~iti~ in the Board's juriSdiction foi'tlieir consideration and snpport;': lD FURTHER that letters ofsuppon be ~,to MPP's responsible for the KPRj!JIisdiction, L - '-' ' " , .. , , "CARRlED-'''' "..,;,~:~ ';';",,-' - .. . c...._.... ._~- .:;.;,:::-~:~.~":"-..;..-: "'::..':':::~.~':'=~:;':;;;f5.:';""~~~~:'~;;;~:;. . ......:;::; --.;:.~--~...... -- ..... 3 ,.., 6 =~~~,.,,",,= .- - ,1 u L _,_ . f:.:.."::::?,,;~-:: - fi~ ~- KAWAR"HA PINE RIDGII!: DISTRICT SCHOOL BOARD Tl'Ultees: A"gtlQ u"yd (Chmrj;trspn) NOli!] CDjfiII (Vi'NhoirptrSIJn) Erin .BroIJJlt Gomoll Gi/tJ.wi.rf ] Q(fJ1(c/int Gorottltt '&,tc I<itllt.Y Viallf Unyd DOh MalhI/PI Chri.tlllfllJtr Nc/.r()IJ Roy W'!fo't~ .l/,JOfI1lllll K.N/n(.k (SI/ldmt Tnm~) EDUCATION C:liNTRI!: J .9.94 FilJ}{!I' DritJr. RO. 8",,' 719 PC'rrrborDugh, Ontario K9] 711.1 (705) 742-9773 1.(811) 741-4577 Fllx,' (105) 74)..7801 Wt-b.ritc.' WtllUJ./tpr: C'eh4, O/'l. CIl Dirrctor of Education: R. (Dirk) T. M"IQlJ)/'lt), Attachment "B" , J J J J J J J J J J J J J J J J J 'J J - 15 May 2003 Nancy Taylor Director of Finance Municipality of Clarington 40 Temperance Street 80wmanville, ON L 1 C 3A6 Dear Nancy Taylor With respect to the Municipality of Trent Hills request for support in designating the Kawartha Pine Ridge District School Board as a rural school board', attached is a copy of the Govemment's recent press release regarding rural and remote communities. Also attached is Recommendation #15 ofthe Education Equality Task Force, which is supported fUlly by our Board, Currently, there is no "rural school board" category in legislation. Dr. Rozanski's recommendation addresses the Municipality of Trent Hills issues. Sincerely ~ R.A. Allison Superintendent of Business Services and Treasurer Attachments 1307 .. L i i. " t .. \. L L l t 1.. L L l 1 t, ... l L L L ~ i.' L L.. ~ Jeff Sprang <jsprang@opsba.org> on 05/01/200303:37:55 PM To: Jeff Sprang <jsprang@opsba.org> cc: Subject: Eves government appoints advisor on education In rural and remote communities Provincial Govern,ment News Release Eves government appoints advisor on education in rural and remote communities May 1, 2003 TORONTO - Elizabeth Witmer. Deputy Premier and Minister of Education, today announced that Dr. James Downey, former University ofWarerloo President, has been appointed to provide the government with recommendadons on the development of the $50 million strategy to help small rural and northern schools. "Our govcrnment is committed to ensuring that all students have equal access to a quality education across the province,"said Witmer. "With his background, Dr. Downey will be able to provide our govemment with advice on how to strengthen schools in small rural and rcmote communities." Dr, Downey has been president of three universities: Carleton University in Ottawa, the University of New Brunswick and, more recently, the University of Waterloo. He is currently Professor of English and Director of the Centre for the Advancement of Co-operative Education at the University of Waterloo. In the early 1990's, Dr. Downey co-chaired New Bnmswick's Commission on Exce.ll.ence in Education, which published two reports that guided education refonus ;n that province. In his role as the Minister's Advisor on a mral education strategy, he will: . Consult. with education partners and other community leaders in rural and northern areas on the role and future of the local community school; . Lead research into best practices in other jurisdictions to support small schools in single-schoo] communities; . Review Ministry guidelines and board practices on scho.ol closures to ensure that local decisions are open and accountable, as required under the Education Act; . Identify school boards that need additional support to operate small schools in single-school communitjes~ and. 1308 13J9 J J J J J ] J J J J J J J J J J J j J · Develop recommendations, using the student-focused funding formula, to distribute the $50 mj)]ion allocated yearly for the rural education strategy to school boards. Dr. Downey wil.l submit hi,s report to the Minister in June 2003 so that action can be taken before the st.art. of the new school year. His recommendations will be based on the principle!! 'of fairness and stability of the funding fOlmula and will respect the constitutional framework for education in Ontario, which includes public, Catholic, English- and French-language school boards. "I look forward to consulting with as many interested people as time will allow,"said Dr. Downey, "and T will do my best to provide the government with sound advice about how to provide students in rural and northern schools with the best educational opportunities possible. I' As part of its response to the Rozanski report, the govemment announced in March that it will provide $50 million in new ongoing funding, starting in September 2003, for the rural education strategy, In addition, eligible school boards will receive $19 million to help address higher costs in small rural and northemschools. L L I L. L- . 1. L L l l L l l L l L l I 1.. L L a: , a. ~ c 0 ... u as Q. E - ,5 - c CI) '0 a. - ... '0 c>> u .E e;; as u Q. 01 0 ... E e;; ~ If :e m c: ~- ~ ~ ~c C - Cl)tU tI) :g 1;;: c: ~E ~ 0 0 ;,r;; c 0..- == ~ 0.0 'E !iii'i. ~ &I. ~o ''0 r.n-'= ~~ ii ,0 0 as Q)r.n U') Q)- - c;<b~ -e;; ,~ u ~CD c 0'5 W _E W "> ~,= 0 to - , e ~lJ) 0 ,s=ec; c -c= 'i - c.!2 0 I:l. 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(tl - .- -'= .- III ,g 'i5 .- oS '0 tIj S (\l .~ c E 0 c~~-o-Rr.nP~~~~i~u-~~-E~-O~Ql~ ,60_ u ~,~gig~&~~~.8~~mg~fig~~8:~~~ ::!~~ CD a: ID~CDfiCD~CI)~~~.~~fi~~~i~~tiCDmjc;~~g d) ... ,-. ~(,;I~~~~~~~C~U00.~r.n.~W~. mw~(Jl =-6~ It) to or- ..... 1 31 0 J J J J J J J J J J J J 1 J J I . J ~ J ~ L f ~ L Cl~glOn REPORT FINANCE DEPARTMENT t Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. L t L f L L L L l L I ... L L I t. L L Date: MONDA V, JUNE 16, 2003 Resolution #: Report #: FND-015-03 File #: By-law #: Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31, 2002 Recommendations: It is respectfully recommended the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report FND-015-03 be received for information. Submitted by: Reviewed bYU ~-'- Or- Franklin Wu Chief Administrative Officer NMT/hjl 1 3 1 1 REPORT NO.: FND-015-03 PAGE 2 J J J J J J J J J J J J J J J J , ~ J BACKGROUND 1.0 In accordance with Bill 98, an Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth, Schedule "A" attached shows the activity in the Development Charges Reserve Funds for the year ended December 31, 2002. 2.0 For the year ended December 31, 2002, a total of 701 residential building permits were issued. Approximately 826 units were anticipated for 2003 in the development charge study review and update. Also, a total of 24 capital projects have been financed by the Development Charges Reserve funds. Attachments: Schedule "A" - Development Charges Study Review and Update Schedule "B" - Committed Amounts from Prior Years' Budgets/Council Approvals Schedule "e" - Capital Expenditures CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1312 l L c ~ -,:: - .. i.!. . i a.!:!. . i. . ;; !! ~ i I.~ ~- .. N t L I/) lIl:"~ . . . . . . L ~~w leI/) ~II \, 1. QQ i ii. ~.. i; . Ii ~ ~~ t: 5 .. l . !!- N I I~ ~&.l. i ~ 1.. ...... t t 1_ N ~ III d :::. - - t L ~~ '" ~. .. . ;; I~ a ~ J ILl&. Q i. :I Ii Ii. i - ~ l 5! I . ~ 8.:::' ~ N ;; - ~ I L ~ W Wli ,::- - ~ ~ '~~1 ~ I!! ~.i.~. . ; .."'. ~i - . . . ..,.- ... ~& !e- .. ~ ~ .....0 I/) 12 ;; ~~- ~ iii.., Z L ::l IL I&. I!l ~ IQ ~ ~.. ~ 8 ~ I I !W . . ...Ifi .. . - ~ .. ~ ~ ~ Pl Pl l clll: :Ji & i:1fi ~~~ ~u 5!' L ~~I ii ~ . I . i . I i ~ s fjj III I I IL~W II ~- .. - :z: ;; ~~~ .6 I , L ~ I&. I 't5 16 1 .6 i i L : l3 It: . j 'C ! ~ - I Gl - ~ '" 1.62 11~d II I i ,1 ;; J f;f f I&. I ! .1.. 2 Blm 21&. 't5 Ii II I ~ 011I Iii L I 't5 g g I I II I&. II }_m ...2 I g j ~ 1111 i jgll = e I !! 51!1 ~ ~ ........ ~ ~ 8 . : ZI"" ... ! 1 31 3 L DN:DCRF 2002/02DCRF MUNICIPALITY OF CLARINGTON SCHEDULE B DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2002 YEAR COMMITTED AMOUNTS FROM PRIOR YEARS' BUDGETS/COUNCIL APPROVALS YEAR PROJECT / DESCRIPTION AMOUNT COMMITTED RESERVE FUND: ROADS AND RELATED DEVELOPMENT CHARGE 1999 to 2002 Capital Budget -road reconstruction 4,228,144 -storm sewer 361,281 -sidewalks 3,890 -street lights 4,732 -road surfacing 12,620 Total 4,610,667 RESERVE FUND: INDOOR RECREATION DEVELOPMENT CHARGE 2001 Capital -Courtice Community Park - Arena project-design 2,470 Total 2,470 RESERVE FUND: PARK DEVELOPMENT & FACILITY DEVELOPMENT CHARGE 2000 Council -Courtice Parks Baseball Assoc.-batting cage 4,958 2001 Council -Wabridge Park NBHD Park development 7,287 Total 12,245 RESERVE FUND: PUBLIC WORKS DEPARTMENT DEVELOPMENT CHARGE 2001 Capital -miscellaneous equipment 23,199 2002 Capital -miscellaneous equipment 14,225 .' Total 37,424 TOTAL COMMITTED TO 'DEVELOPMENT CHARGES RESERVE FUNDS 4,662,806 1 3 1 Ii 1 J J l J J J J J J J J 'J J J J J J J l DN:DCRF 2OO2/02DCRF L MUNICIPALITY OF CLARINGTON SCHEDULE C DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2002 YEAR CAPITAL EXPENDITURES DIC RIF NON DIC RIF AMOUNT FINANCING FINANCING DESCRIPTION Fire Deoarlment: Vehicle 17,792 13,866 Fire Depertmenl OIC RIF 3,927 Tax Levy Land Ac:quislllon 4.810 4,289 Fire Depertmenl Ole RIF 621 Municipal Capllal WorkS RIF Indoor Recreation: Expallllon CCC IllneIs centre 401.483 311,691 Indoor Recreation OIC RIF 89,892 Municipal Capital WorkS RIF DesIgn f_ . CCC expallllon 667 510 Indoor Recreation OIC RIF 57 Legal/ConsUlllProf. F_ RMelVe Park DeveloDment and Facllilies: GulIdwood NBHD park development 691.555 512,346 Park Dev. & FadlilieI OIC RIF 4,394 Tax Levy 74,816 Genelal Capital Reserve Walbridge NBHD park development 329,366 285,257 Park Dev. & Fac:lIlIIes OIC RIF 6,341 Public WorkS & Parka Capital RIF 37.760 General Capllal Raerve Public WorkS Deoartment. Pun:haIe Mile. Equipment Hamp\llll 7,891 5,932 Public WorkS Depertmenl OIC RIF 1,1169 Tax Levy Purchase New Equipment Hampton 43,218 32,492 Public WorkS Depertmenl DIC RIF 10,727 Tax Levy Roads and Relal8d' Meams Ave, Bowmanvllle . StreetUghting 36,486 30,201 Roads and Relal8d OIC RIF 8,286 Genelal Capital Raerve LongwoIlh Ave. Bowmanvllle 54,652 46,096 Roads and Related OIC RIF 1 ,IlO 1 Roads Cor*lbulIon RIF 6.855 Munlc:ipal Capital WorkS Pl'lIlItonvale Road, Courtice 667,106 460,467 Roads and Related OIC RIF 78,276 Working Fundi 48,363 TuLevy Green Road. Bowmanvllle 32,901 30,019 Roads and Related OIC RIF 2,862 Developer ConIribulion Concesslon Slreel, Bowmanvllle 1,277 ,033 406.735 Roads and Related OIC RIF 535.494 Roads ConlrlbulIon RIF 247.185 Working Funds 87,639 Tax Levy Roenick Drive, Bowmanvllle 60,772 16.171 Roads and Related OIC RIF 21.290 Roads ConlrlbulIon RIF 9,827 Working Fund8 3,484 Tu Levy Edward Street, Newcastle 7,068 5,471 Roads and Related OIC RIF 1.697 Public WorkS and Parks Capital Trulls Road, Courtice 42,044 37,775 Roads and Related OIC RIF 1,633 General Capital Raerve 2.834 Tax Levy Nash Road, CouI1ice 9,659 7,348 Roads and Related DIC RIF 2,310 Roads Conlribulion RIF WeIllingIon Street. BowmanvUIe 813 70 Road. and Related OIC RIF 743 General Capital Raerve Martin Road. Bowmanvllle 980 758 Roads and Relal8d OIC RIF 221 Public WorkS and Parks Capital TruIIa Road, Courtice . Sidewalk 36,066 34.043 Roads and Related DIC RIF 2,023 Tu Levy Uberty Street, BowmanvUIe . Sidewalk 27,276 24.822 Roads and Relal8d DIC RIF 2,455 Tu Levy Baseline Road. Bowmanville . Sidewalk 69.319 63,9111 Roads and Related DIC RIF 5.400 Tax Levy Spry Avenue, Bowmanvllle . Sidewalk 16,704 15.354 Roads and Relatlld DIC RIF 1,350 Tax Levy TOTAL CAPITAL EXPENDITURES 3,646.453 18,154 Fire Department D/C RIF 312,101 Ind()()( Recreation D/C R1F 797.802 Park Dev. & Fac:iIilIeI DIC RIF 38,424 Public WorkS Oep8r1menl OIC RIF 1.179,260 Roads and Relatlld DIC RIF 2,882 DevelOper Con\ribUlIOII 335.267 Working Funds Raerve 57 Legal/ConlUlllProl. F_ Raerve 97,086 MunIcIpal Capl\lII WorkS RIF 174,355 Tax Levy 560,_ RoadI ConlrlbulIon RIF 8,160 Public Works & Parka Capital RIF 121.237 Genelal CaDllal Reserve TOTAL FINANCING 2,346,531 1.299,922 l L L l L- L l l L l l L L L L l L 1 31 5 J J J J J 'J J J 1 J J J J J J J J J J l L L L L L t .. l 1.. L 1.. t l. L L L L L t I ... L I L Cl~-fl!gton REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, JUNE 16,2003 Resolution #: Report #: FND-016-03 File #: By-law #: Subject: PROPOSAL FOR MUNICIPAL REFERENDUM REQUIREMENT FOR PROPERTY TAX RATE INCREASE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-016-03 be received; 2. THAT the Progressive Conservative Party of Ontario be requested to NOT extend the provisions of the Taxpayer Protection Act to the municipal sector; and ; 3. THAT a copy of this resolution be forwarded to Ontario Premier Ernie Eves, the Minister of Municipal Affairs and Housing, and the local MPP. Submitted by: /"l . /)Q) G' n . .."-..a -<---k'. , . . ReViewed by,--./' . ',-' "';'-. .,---",-t Franklin Wu, Chief Administrative Officer. NT Ihjl 1 3 1 6 REPORT NO.: FND-016-03 PAG'E 2 J ] J J J J J J J J ] J J J J l J J J BACKGROUND AND COMMENT: 1.0 The pe Party of Ontario's re-election platform proposes that municipalities would be required to hold a referendum on any increase to local taxes. Many of the municipal associations have expressed serious concern over this proposal. The Association of Municipalities of Ontario has issued a member alert (Attachment "A"). Also attached is a bulletin from the Municipal Finance Officers Association of Ontario (Attachment liB") that outlines specific key concerns relating to this proposed policy. 2.0 As outlined in the attachments, there are some serious potential ramifications of such a policy. The policy would substantially undermine the sound budgeting practices and tax policy decisions that are an integral part of municipal financing , infrastructure. 3.0 The Provincial government has downloaded significant responsibilities to municipal government over the last several years, the cost of which are not under the control of the municipal government. Also, the promise of the new Municipal Act was to increase the autonomy of local government. This proposal would be in direct opposition with that philosophy. CONCLUSION: 4.0 It is recommended that the Progressive Conservative Party of Ontario be requested to withdraw this proposal and not extend the Taxpayer Protection Act to the municipal sector. Attachments: Attachment A - Member Alert from Association of Municipalities of Ontario Attachment B - Bulletin from Municipal Finance Officers' Association of Ontario 1 31 7 L L , L L L L , L L L L L l L L L L L L L REPORT NO.: FND-016-Q3 PAGE 3 Copies to: Honourable Ernie Eves Room 281, Main Legislative Building Toronto, Ontario M7 A 1 A 1 Minister of Municipal Affairs & Housing 777 Bay Street, 17th Floor Toronto, Ontario M5G 2E5 John O'Toole, MPP 75 King Street East Bowmanville, Ontario L 1 C 1 N4 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1 31 8 "REG OF DUR FINANCE May 27 2003 11:54 Fax:9055717460 Attachment "A" Menlber ConllllUnication ~[?n)O AssodaUon of ~ MuricipalltJes .. of Ontal1o A I e rt 393 U1I....ay Avn.te. 8J1811'D1 Tcrcno. ON t.Ii3 1EB TEl: (416)97'1-EiI6.b:I: (0118)17'-8191 8rre1:cm~CIIIft To the immediate attention of the Clerk and Council May 231 2003 - Alert 03/030 . AMO URGES MUNICIPAL ACTION ON REFERENDUM PROPOSAL , . Issue: Tory Party proposal would require municipalities to hold a referendum on any increase to local taxes. Background: As outlined in Alert 03/029, the Progressive Conservative Party. has released its campaign platform for the next provincial election. Of principal concern is the proposal to require voter approval through a referendum before increasing local taxes - whether across the municipality or parts thereof. It will pose significant challenges to municipal operations and budgets and undermine the autonomy recently established with the government under the new Municipal Act. THIS PROPOSAL MUST BE WITHDRAWN. The policy is unworkable for many reasons and will result in multiple and costly referenda in each jurisdiction in Ontario. Councils are certainly not In favour of tax increases. Most of the municipal cost pressures come from: . provincially mandated programs and service requirements, which represent the majority of municipal budgets; . limitations of the property tax laws themselves; and . lack of other sources of revenue. As promised in Alert 03/029, an analysis of key municipal issues contained in platforms of the three parties is available on our websites. Action: AMO urges all members to contact their PC MPPs, Cabinet Ministers, and other PC Party contacts to raise awareness of the serious ramifications of a referendum approach to tax policy. For more Information. please contact: Pat Vanini. Executive Director at 416 971-9856 ext. 316 or email: pvanini@amo.mun/com.com 1 319 J J J J J J J J J J 1 ] J 1 J j J J J May 27 2003 11:55 P.ll Att:.ac:tnB1t tl. page 2 of 4 Fax:9055717460 L .' REG OF DUR FINANCE L L i t 1'~ I Illtl1111l,1 111;- I~ l d i!~ ~I i ii~l~ilb!I' llhlhUlel I il) ~J III !i tilt !~ll oW .I ii J 6. ! .. 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"I .. fi 'j ; .a J! e - g J I I ... g 8 1 .2 i Attachment "B" MFOA MUNICIPAL FINANCE OFFICERS' ASSOCIATION OF ONTARIO . @MFOA BUllETl1I To MFQAMembers June 4,2003 Back2round Information - Municipal Referendum Reauirement for Property Tax Rate Increases proposed bv PC Party of Ontario Many MFOA members will by now be aware that the PC Party of Ontario's re-election platform contains a commitment to require Ontario municipalities to hold local referendums before increasing property tax rates. (The complete platform, entitled "The Road Ahead," can be accessed at www.Ontariopc.com.) While it is further proposed that municipalities be permitted to tax the sale of gasoline, rental of hotel/motel rooms and use of parking spaces if the tax is approved by affected taxpayers, the practical effect of the proposed policy, if implemented, would be to impose a freeze municipal property tax rates in Ontario unless local voters consent to an increase by way of a local referendum. The new requirement would be given effect by extending the provisions of the Taxpayer Protection Act to the municipal sector. MFOA wishes to assist in helping member municipalities position themselves with respect to this proposal by providing relevant background information and facts that could provide support for any action which a municipality may be interested in taking. Backeround The PC Party of Ontario proposes that "voter approval would be required before a municipal council introduces a new tax or increases the rate of an existing tax." Tax changes that are "revenue neutral" (e.g., rate increases needed to offset negative assessment growth) would not be affected. Referendum requirements and other measures to cap municipal tax revenue have been imposed in many U.S. jurisdictions. An important precedent was set in California with the passage of Proposition 13 in 1978. A citizen-led initiative, Proposition 13 rolled back local property taxes to one per cent of assessed valuation, limited assessment increases to the lower of two per cent or the annual inflation rate, and required 2/3rd voter approval for new local taxes. Proposition 13 subsequently led to the imposition of state-imposed assessment caps, tax caps and/or local referendum requirements in many other U.S. states. While it is not the purpose of this Bulletin to exhaustively detail the subsequent impact of these policies, some of the documented ones include: Reductions in municipal service levels; infrastructure deterioration; increased reliance on user charges; debt ratings downgrades (leading to higher borrowing costs); and, over the long run, increased municipal financial dependency on senior levels of government. Bulletin - June 4, 2003 Municipal Finance Officers' Association of Ontario 512 King Street East, Suite 306, Toronto, ON, MSA 1M1 Phone: (416) 362-9001 Fax: (416) 362-9226 On the Web: littp://~a.on,ca Page 1 of 4 J J J J J J J J J ] J J J J J J J ~ J \ .. L L This would be entirely counter to one of the central premises of municipal government refonn in Ontario, since 1995, which has been to increase municipal autonomy and accountability (e.g., via the new Municipal Act). A key concern is that the proposed policy does not take into account how markedly circumstances in Ontario differ from those in other jurisdictions. MFOA contends that these differences completely undercut the case for municipal referendum requirements in this Province, as follows: , ... L L L L L L L Ontario municipalities have budgeted responsibly o Total municipal property tax revenue in Ontario grew by an average of3.0 per cent per annum between 1990 and 1997 (pre-Local Services Realignment) and by an average of only 2.4 per cent per annum between 1998 and 2001 (post-Local Services Realignment). This is less than average annual provincial GDP growth (4.4 per cent) and in line with the average annual provincial CPI inflation rate increase (2.5 per cent) over the 1990-2001 period. Prior to Local Services Realignment, amalgamation, property tax refonn and other provincially-mandated changes, many municipalities had not raised tax rates for many years. In contrast, caps and referendum requirements in other jurisdictions were usually triggered by local tax increases well above rates of inflation or economic growth (and driven by broad-based, citizen-initiated grassroots tax reform movements not evident in Ontario at this time). Ontario municipal tax base is un diversified o Ontario municipalities have access to only a single tax base (property assessment). In contrast, most U.S. municipalities-and the Ontario government itself-have access to a wealth of diversified tax bases (e.g., personal and business income, sales, commodity, capital, payroll etc.) many of which grow with the economy, making these jurisdictions vastly better situated to make good on tax freeze or referendum commitments. L L L l L Ontario municipalities prohibited from running deficits o In contrast to many U.S. municipalities (and the Province of Ontario) Ontario municipalities are effectively prohibited from running operating deficits or financing current spending from borrowing. This makes the unfettered ability to set the property tax at a rate high enough to cover all costs budgeted for the year a fundamental requirement. o Moreover, the policy would undermine the current basis of municipal budgeting in Ontario, under which local taxpayer needs and preferences are the drivers of the budget and tax levy requirements (for those services that are under municipal control). Instead, service offerings would become driven by short-tenn assessment growth considerations, particularly in low- growth municipalities-an entirely inappropriate premise for municipal budgeting. Ontario municipalities must rely on an unpredictable tax base o In contrast to governments that have access to other tax bases, Ontario municipalities must base tax rates on current values of real property which can and do fluctuate substantially between assessment periods. The proposed policy would be especially hannful to economically challenged municipalities that are not growing or are facing assessment declines. ~ t .. L \ 1. Bulletin - June 4, 2003 Municipal Finance Officers I Association of Ontario 512 King Street East, Suite 306, Toronto, ON, M5A IMl Phone: (416) 362-9001 Fax: (416) 362-9226 On the Web: http://www.mfoa.on.ca 1324 Page 2 of 4 Province dictates many municipal costs o Upwards of 50 per cent of a typical Ontario municipality's budget relates to costs beyond municipal control, including services mandated or controlled by the provincial government (e.g., social services); the cost of provincially-mandated changes to service delivery standards (e.g., provincial regulatory changes relating to drinking water standards); and general changes in local demographic/economic conditions. In probably no other North American municipal jurisdiction is so large a share of municipal costs beyond direct council control. Many municipal costs are sensitive to economic conditions o The huge increase in municipal social service funding responsibility that resulted from Local Services Realignment has made Ontario municipal finances extraordinarily sensitive to changes in general economic conditions and thus the unavoidability of tax increases during economic downturns-periods during which assessment base contraction may also be occurring. Municipal infrastructure deficit not considered o The municipal infrastructure deficit in Ontario is massive and growing (estimated at upwards of $4B per annum for the next decade). The imposition of a referendum requirement for new taxes, or rate increases to the property tax, will only exacerbate the current infrastructure funding shortfall and the unpredictability of future funding-to which senior governments (in contrast to the U.S.) have offered no comprehensive solution to date. Threat to municipal debt ratings o Referendum requirements risk adverse impacts on municipal debt ratings. Downgrades would increase the cost of borrowing, placing additional stress on local budgets and crowding out other expenditures. The impact would be particularly severe in Ontario where rating agencies have already expressed concern about the narrowness of the current municipal revenue base. The policy would also act as a serious constraint on the flexibility of elected officials to act promptly in the face of a financial emergency, thus increasing the risk of debt default. (Even when overrides are possible, U.S. experience has shown that the added time involved in getting voter approval reduces management's ability to respond to emerging crisis situations.) Threat to cash flow o In Ontario, municipalities already cannot issue property tax bills until a complex annual process-unique to the province on account of an elaborate framework of tax protection measures-is completed. This process involves the delivery of assessment infonnation by MPAC, the issuance by the Province of various regulations, rates and analysis tools relating to municipal and education property taxation, and analysis and decision-making by municipalities relating to tax ratios, cappinglclawback analysis, etc. In the context of these existing measures, imposing a further requirement to conduct a local referendum before tax bills can be prepared and issued is both impractical and would pose a severe threat to municipal cash flows. Further constraints under current tax system o The Ontario Fair Assessment System (OF AS) contains unique constraints on the ability to redistribute the tax burden between classes, owing to tax ratio restrictions and other features that do not exist in other jurisdictions. To require a referendum for any and all tax rate increases Bulletin - June 4, 2003 Municipal Finance Officers' Association of Ontario 512 King Street East, Suite 306, Toronto, ON, M5A IM1 . Phone: (416) 362-9001 Fax: (416) 362-9226 On the Web: http://~''OjL) Page 3 or 4 I J J J J J J J J J J J J J J J J J J J L L would therefore be insensitive to the fact that such increases may, depending on the circumstances, affect taxpayers in all property classes, some property classes or the residential class only-and/or may relate strictly to the complex mechanics of OF AS and not to municipal budgetary requirements. l t ... Province has already constrained other revenue sources o Unlike in other jurisdictions where municipalities have been able to partially offset voter rejection of property tax increases via increased reliance on user fees, the Ontario Government has already imposed severe constraints on existing alternative municipal revenue sources such as municipal electrical distribution utility returns, licensing fees, several types of user fees, as well as threatened future caps on water/sewer rates and building permit fees. As a result, municipalities may have no option but to increase fees that are not presently restricted (e.g., transit fares). I' ~ .. L l L L L Referendums costly o Finally, the cost of running local referendums will be considerable, particularly in Ontario's smaller and more transfer-dependent municipalities, and may have a material impact on the tax rate increase that a municipality may require to cover its costs. For further information, please contact John Bech-Hansen, Executive Director, MFOA at (416) 362- 9001 ext. 233, or bye-mail atiohn@mfoa.on.ca. L L L L L L , ... \ j ... i .. \ 1... Bulletin - June 4, 2003 Municipal Finance Officers I Association of Ontario 512 King Street East, Suite 306, Toronto, ON, MSA IMl Phone: (416) 362-9001 Fax: (416) 362-9226 On the Web: http://www.mfoa.on.ca ~ 1326 Page 4 of 4 J J J J J J J J J J J J j J J J J J J L L L t ... ClJrigglOn REPO,RT FINANCE DEPARTMENT ~ L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L t L L L L L L. , .. L L L , .. l ... , L Date: MONDAY, JUNE 16,2003 Resolution #: Report #: FND-017-03 File #: By-law #: Subject: CASH ACTIVITY - FIRST QUARTER OF 2003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-017-03 be received; 2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of elarington for the first quarter of the year 2003, as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the first quarter of the year be confirmed. Reviewed bQ~-:. ~ Franklin WU, Chief Administrative Officer. Submitted by: Nancy ylor, .B.A., C.A., Director of Finance. NT ILB/hjl 1327 REPORT NO.: FND-017-03 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the first quarter of 2003, the cash investment position, the taxes receivable position, statistical information and transit revenue and expenditure for the month ending March 31, 2003 and the comparative information for the month ending March 31, 2002. The attached schedules for the development charges information is for the months of January, February and March 2003. Attachments: Attachment A - Analysis of Revenue and Expenditures - First Quarter of 2003 Attachment B - Continuity of Taxes Receivable - As at March 2003 Attachment e - Statistical Information - As at March 2003 - Transit Revenue and Expenditure - As at March 2003 Attachment D - Investments Outstanding - As at March 2003 Attachment E - Development Charges Information - January 2003 Attachment F - Development Charges Information - February 2003 Attachment G - Development Charges Information - March 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1328 J J J J J J J J J j j J J J J J . . J J 1 ... L CORPORATION OF THE MUNICIPALITY OF CLARINGTON Analysis of Revenue and Expenditures for the Flm QuaJter of the Year 200 3 l '.. ~F:li' 'Q" ..... m:i:;::m::;~~~i ! .. REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: TAX PAYMENTS RECEIVED LINEAR PROPERTIES PROVINCE. COMMUNITY REINVESTMENT FUND CANADIAN WASTE. RENT AND ROY ALlTIES DURHAM REGION. PROVINCIAL OFFENCES ACT BOWMANVILLE HERITAGE BOOK SALES DEVELOPMENT CHARGES-TOWN INTEREST DEVELOPMENT CHARGES.SCHOOL BOARD DEVELOPMENT CHARGES-REGION t ~ ... L m:~~j~~~j~~~:i Ili'i!~I!li, ;:"J.2:l55l01:h ; t '- USE OF FUNDS: L PAYROLL REGION LEVY SCHOOL BOARD LEVIES GENERAL.INCLUDING CAPITAL EXP. ** Flm QuaJter 2002 26,809,766 1,791,621 29,000 12,840 159,423 90 724,152 478,935 95,488 829 848 30931 163 3,821,964 8,087,993 5,963,054 12456714 L m:~j~~~j~~ii 30329,725 imm~:~9,~:~~~:i 601 438 NET CASH PROVIDED (USED) i i: i: i i ~: i: i i i i i i i i i:: i i i j i L FINANCIAL POSITION: BANK BALANCE DEC. 31 2002 L GENERAL FUND RESERVE FUND MUNICIPAL BOND INVESTMENTS HOST COMMUNITY FUND IN TRUST INVESTMENTS (GENERAL + RESERVE FUNDS) TOTALS 81051804 3,527,755 1,782,568 2,350,131 10,000,000 63 391 350 L L PART "A" NET CASH <<<H~.-N:ol!!! BANK PROVIDED >>UaAV.N~il BALANCE / (USED) :m.W36.:1Oiri MAR. 30, 2002 ....... ....... -...... .... .. ........ ...... . . . . . . . . . .. .. 2,321,383 ::;:::::~l.#~.:j:~~:: 234,171 :~::::HM~~i'i~~:' 30,85~ m:::~~~,Ii /612 642\ H/62:11.s:1..oif .......................'.... ............. . :::::::::;:::::;:::;:::::::: ............. . 1,973 765 <JiJ~Q25~3.69.~: 6,854,315 4,982,244 2,256,206 10,000,000 55963615 80 056 380 BANK BALANCES AS AT: JAN. 31, 2003 JAN. 31, 2002 FEB. 28,2003 FEB. 28 2002 GENERAL FUND 4,116,737 3,844,701 7,141,954 11,624,574 RESERVE FUND 601,789 5,138,977 1,351,617 4,170,360 MUNICIPAL BOND INVESTMENTS 2 360 842 2236041 2 370375 2 245 563 , .. L NOTE A: Difference In comparison between years due to timing difference In receipt of funds. L t '- L L 1329 ",ORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "B" Condnulty of Taxes Receivable for the Fim Quarter of the Year 2003 I January 1, 2003 ~:~':~l.l~:\:~: MARCH BEGINNiNG BALANC iNTEREST TAXES PAYMENTS 2002 RECEIVABLE ADDED BiLLED BALANCE IAD1UST.... Note 2 CURRENT YEAR l~::I::\~\lj~ij~)iii~ TAXES (935,605) 19,799,351 18,863,746 (20,712,042) 631,918 PENALTY AND iNTEREST 71 427 71 427 .1523071 :~,::>>~'~9:l . " 34319 FIRST PRIOR YEAR !\\',\\\I\mi~1~j\ TAXES 4,864,558 122,158 4,986,716 (1,672,949) 2,367,3881 PENALTY AND INTEREST 219250 160841 380091 /160701 231 177 SECOND PRIOR YEAR \\\'\\II\I~1iii,li!! TAXES 1,660,508 21,726 1,6B2,234 (366,557) 2,631,292 PENALTY AND INTEREST 1 B2 063 56912 238 975 183 445' 203 820 THIRD et PRIOR YEARS \\\\\\\\\\,I~~~iiii\ TAXES 1,727,618 5,280 1,732,898 (251,548) 1,551,823 PENALTY AND iNTEREST 645 399 59047 704 446 . /89 469i 587 872 TOTAL 8 363 791 348 227 19948515 28660533 123389018 ::j:j:::::~:i~{~~~: 8 239 609 ... Includes refunds, write-offs, 496'5, etC. NOTE 1: Tax paymenu do not de into Part A due to dming differences since Part A Is on a cash basis (Ie. difference due to ouUtandlng deposlu) , NOTE 2: 2003 AND 2002 Interlm Installment months: February and Aprll. NOTE 3: March 2003 Current vear taxes are in a nesrative DOSItlon because thev reoresent nrenaid taxes for ADrli 2003 installment. 1330 J J .j J J J J J J J J J J J J J J j J r l.. i 1. CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C" L STATISTICAL INFORMATION .. FOR THE MONTH OF MARCH YEAR TO DATE Tax Certificates 98 142 Number of Properties eligible for Tax Registration (see Note 1) 119 ** see Note 2 Accounts Payable Cheques Issued #51423 to #51922 512 1,648 Transit Total Adult Ridership (**See Note 3) 1,086 6,621 Transit Total Student Ridership 2,973 17,691 Transit Total Sr.lChlld Ridership 364 1,624 Transit Total Transfers 279 1,280 Number of Births Registered 0 1 Number of Deaths Registered 25 102 \ . .. L I .. L t .. Note 1: Only Includes those properties whos,e arrears are greater than $10,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. L L L L L L l TRANSIT REVENUE AND EXPENDITURE FOR THE MONTH OF MARCH YEAR TO DATE REVENUE TRANSIT REVENUE 7,640.93 39,785 EXPENSES MISCELLANEOUS OPERATING 1,155.60 3,945 TRANSIT CONTRACT 43,059.48 128,340 OPERATING LOSS (36,574.15) (92,500) CAPITAL EXPENDITURES 1,583.00 5,057 t ... Note: The Transit revenue for March was lower than anticipated due to a 1 5 day labour related service disruption. L L 1331 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT MARCH 31, 2003 PART "D" FINANCIAL INVESTMENT INTEREST # OF DAYS MATURITY ,MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND TO 1,984,330.80 3.07% 46 1,992,000.00 May 2/Q3 TO 2,493,850.00 3.00% 30 2,500,000.00 Apr. 3/03 TO 2,488,600.00 3.04% 55 2,500,000.00 Apr. 30/03 MTl 1,876,896.00 2.79% 160 1,900,000.00 Apr. 10/03 TO 1,969,000.00 2.83% 203 2,000,000.00 May ~2/03 MTL 1,964,680.00 2.84% 231 2,000,000.00 Jun. 19/03 TOTAL GENERAL FUND H:~Uitil~$6~$(F , RESERVE FUND RBC 182,177.00 6.20% 1,095 218,206.00 Aug 1/03 RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 1/06 RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept. 1 5/06 RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 1/06 RBC . 295,000.00 8.50% 3285 295,000.00 May 26/04 RBC 495,186.85 4.00% 1171 561,500.00 Jun. 6/06 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 1 /08 RBC 771,999.33 5.40% 1596 970,580.00 Nov 27/03 RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC . 1,114,680.00 4.90% 730 1,114,680.00 June 26/03 RBC . 500,000.00 6.50% 365 500,000.00 June 21/03 TO 10,479,364.62 3.04% 34 10,509,000.00 Apr. 22/03 RBC . 481,878.00 4.45% 1827 599,072.41 Mar. 4/08 RBC . 2,513,000.00 5.00% 365 2,513,000.00 May 9/03 WOOD GUNDY. 250,000.00 6.50% 1839 250,000.00 June 21/03 RBC . 500,000.00 5.00% 365 500,000.00 June 21/03 RBC 1,815,962.00 5.00% 1825 1,906,760.10 Feb. 7/07 RBC 601,664.00 5.30% 1461 739,720.00 Feb. 5/05 RBC . 1,482,702.57 5.50% 1825 1,487,000.00 Feb. 13/06 RBC . 1,400,000.00 3.50% 730 1,449,000.00 Nov. 28/03 RBC . 1,342,000.00 4.00% 365 1,342,000.00 Feb. 10/04 1332 J J J J J J J J J J J J j J J J J J J L L l CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT MARCH 31, 2003 PART "D'.' L RESERVE FUND RBC 1,566,466.88 5.30% 1386 1,904,519.00 Nov. 15/04 RBC 1,081,662.88 3.24% 635 1, 143,286~00 Sept. 15/04 RBC 519,255.00 3.30% 649 550,000.00 Oct. 1/04 RBC* 250,000.00 4.75% 1839 250,000.00 June 21/03 RBC * 250,000.00 5.25% 180 250,000.00 Jun 21/04 RBC 1,323,000.00 5.15% 730 1,457,284.50 May 1/03 RBC 81,049.00 2.25% 365 82,872.60 May.3/03 WOOD GUNDY * 638,000.00 5.40% 1598 638,000.00 June 1/05 RBC 534,782.00 3.30% 730 570,660.00 Dec. 23/04 RBC 43,523.00 5.50% 1095 51,107.00 Dee.21/03 RBC 942,893.00 6.30% 1825 1,239,904.30 Oct 27/03 RBC 855,000.00 5.35% 1832 1,065,102.90 Mar 1/04 RBC 827,385.00 2.50% 369 848,069.63 Apr. 1/03 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC 548,000.00 5.40% 1507 548,000.00 Apr 7/03 RBC 534,978.37 5.20% 1729 679,942.00 Dee 1/03 RBC 1,165,896.00 3.05% 335 1,200,000.00 Nov. 3/03 RBC 118,693.50 5.10% 1976 155,297.00 Oct. 1 5/04 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 1,510,658.22 3.05% 90 1,522,019.20 Jun. 2/03 RBC * 2,000,000.00 3.75% 365 2,000,000.00 Jul. 23/03 RBC * 553,392.00 3.70% 732 553,392.00 Sept. 23/03 TOTAL RESERVE FUND ;:$.O~OQl~:~$j:~~js.::~ TOTAL INVESTMENTS :i~~~i~~!j~jl~~I:1 t I. 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'" ftI :s 00 CI) ~ CI) E Q U) L- ei) c c ~~ Z :;i Z Q. 'C Z 0 0 0 0 0 CJ M i= c 1= l I i= ~~ 0 'T C en L 0 ::>> .c ::>> eI) ::>> " N m en m c Q m ftI 09: ::E: ~ ftI ~ ~ C ~ &. D.~ U to- CJ .... W to- ~Z ~ z i z E ~ z ~ 0::;) 0 ~ 0 oS 0 L. CJ~ ~ CJ CJ u .:: CJ to- 1 ~41 J , J j . J J J J J J J J J J J J J J J J .. ~ Clocmgron REPORT .. ADMINISTRATION ... Meeting: G,ENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Date: Monday, June 16, 2003 .. Report #: ADM 03-03 File #: By-law #: .. Subject: CUSTOMER SERVICE INITIATIVES UPDATE ... .. RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. l. THAT Report ADM 03-03 be received for information. .. .. ./"', Submitted by:JJ4iL MAf-f.L Jane Pascoe Executive Assistant to the CAO ~~k . /J () " jJ \-7 Reviewed by: (' ) ,~ LU '-'L --- .. Franklin Wu Chief Administrative Officer .. .. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-5717 .. 1401 REPORT NO.: ADM 03-03 PAGE 2 1. PURPOSE AND BACKGROUND This report identifies the progress of various customer service initiatives which have been implemented to achieve the top priority of the Municipality's Business Plan. The Municipality's three year Business Plan is built around our mission statement, "Clarington: Customer First and Leading the Way". A key component of our Customer Service strategy was the development of a comprehensive customer service staff training program and Achieveglobal was retained to assist us and deliver the training to our staff. The program included the following key elements: . mandatory training of all non-affiliated staff . voluntary training of full-time union staff . mandatory motivation training for all non-affiliated staff . training of in-house facilitators The Achieving Extraordinary eustomer Relations (AECR) Training for our full time employees consists of a two day intensive training, limited to 15 employees per session. This training was mandatory for all Department Heads and Managers while participation was voluntary for the balance of the full-time employees. All frontline staff were encouraged to sign up for the training program. To date, approximately 200 full-time staff have taken the AECR training provided by Achieveglobal. An additional 30 full- time staff consisting of 20 firefighters have signed up to take the training which will be held some time in September/October, 2003. Motivating for Extraordinary Customer Service training was provided to all the non- affiliated employees. The training session gave supervisors and managers the concepts, tools and skills they need to create a productive, supportive environment for 1402 j J J J J .J .J j J j j j j J j J j j .J ... REPORT NO.: ADM 03-03 PAGE 3 .. I. their employees. They learned how to create and communicate measurable performance standards and continuously improve their own ability to coach and develop their employees. The result is an empowering climate that leads to higher levels of job satisfaction with the positive upbeat attitude transferred to the citizens/customers we serve every day. .. .. .. The last phase of our training will be available in the early part of 2004 for about five (5) employees who exhibited certain potential to be trained as trainers. They will be offered to take the Trainer Certification Program offered by Achieveglobal. These trainers will become our in-house instructors to enable us to deliver customer service training on a continuous basis to all part-time staff and new employees. ... ... ... 3. KEEPING THE MOMENTUM The Customer Service Implementation Team is charged with the responsibility of monitoring our progress in delivering excellent customer service. The mandate of the team is: · To lead and facilitate the development of customer service excellence in the Corporation of the Municipality of Clarington ... ... , '- · To recognize and acknowledge the service excellence of Municipality of Clarington employees. .. · To commit to a plan of continuous learning and improvement as it. relates to customer relations management. .. · To provide ongoing training opportunities to employees of the municipal organization. .. .. Every Department of the Municipality of Clarington is represented on the AECR Implementation Team. Members of the team and their alternates are: '- Jane Pascoe, Office of the CAO (Chair) Jennifer Cooke, Corporate Services .. 1403 .. REPORT NO.: ADM 03-03 PAGE 4 Jacquie Hill Bower, Bill Reid, Emergency Services Grant Ashton, Kaye Rand, Operations Nancy Taylor, Liana Smith Finance Heather Keyzers, Municipal Clerk's (Recording Secretary) Allision Ruddock, Planning Services Skip Crosby, Community Services Maureen Reid, Mayor's Office Rick Pigeon, Norm elark, Engineering Services Franklin WU, CAO Office . 4. SUCCESS The success of the Customer Service training initiative is evident. Over the past year, we have noticed a very substantial increase of praises and recognitions plus a very noticeable drop in complaints of staff. The recognitions include: . thank you letters from residents for a caring attitude . recognition from peers and co-workers of a job well done . sharing of success stories among staff . less complaints being received . continuous support by eouncil · Achieveglobal writing a feature success story on Clarington's Customer Service initiative in a management journal In order to assess our progress and our success in a more accurate fashion, we have commissioned eollis and Reed Research to conduct an independent customer satisfaction survey in April 2003. Preliminary results from the Consultant indicate an overall customer satisfaction rating of 89%. This is very positive and certainly confirms that our employees are moving towards excellence in customer service. Details of the Collis Report will be made available to everyone when it becomes available. 1404 j j J j j J J J J j j j J j J j .J J J ... REPORT NO.: ADM 03-03 PAGE 5, ... ... 5. FUTURE INITIATIVES In order to say thank you to our employees, it is proposed that the Mayor and Members of Council along with the Chief Administrative Officer as representatives of the employer, host a "Staff Appreciation Day" on September 4, 2003. Events for the day are being developed by the Implementation Team, and will include a BBQ lunch. ... ... ... Along with "Staff Appreciation Day", we will be rolling out a "Star Bucks" program. This program is an incentive to recognize our staff who performs a duty which is an example of excellent customer service. .. .. We believe our staff are doing a very good job in delivering quality customer service'. However, there is always room for continuous improvement. Customer service is a long and elaborate journey. We will succeed as long as we maintain our momentum and never lose sight of our ultimate goal of "Clarington: Customer First and Leading the Way". .. ... ... .. .. ... .. ... II. II. 1405 .. J J J j J .J J j J J j J J j J J j J J ... l Cl~gron Ii. REPORT ADMINISTRATION .. Meeting: ... Date: Report #: .. Subject: ... GENERAL PURPOSE AND ADMINISTRATION COMMITTEE June 16, 2003 ADM-04-03 File #: By-law #: Clarington Board of Trade - Contract for Economic Development .. RECOMMENDATIONS: I... 1. THAT Report ADM-04-03 be received. 2. .. THAT Council approve the contracting of economic development functions to the elarington Board of Trade, subject but not limited to, the following terms: THAT the Mayor and Clerk be authorized by by-law to execute the agreement between the Municipality of Clarington and the Clarington Board of Trade subject to the Region of Durham approving Clarington's continuous delivery of economic development functions under the new Municipal Act. .. a) .. b) .. ... c) .. 3. f I.. .. ... The Municipality shall pay the Clarington Board of Trade an annual sum of $90,000, $95,000 and $100,000 for years 2004, 2005 and 2006 respectively. These sums are exclusive of the free office space provided to the Board at the Tourism Centre on Liberty Street. That Council approve a one-time capital contribution of $18,000 to be advanced in 2004 for the purpose of enabling the Board to prepare a business directory and inventory of vacant buildings and properties. The Clarington Board of Trade shall, as a minimum, present to Council an annual report including an account of all economic development activities undertaken for the given year, CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW~AN~"tO gNTARIO L 1C 3A6 T 905-623-3379 F 905-623-5717 .. REPORT NO.: ADM-04-03 Page 2 4. That the Region of Durham be requested to continue to grant the economic development activities function to the Municipality of Clarington under the new Municipal Act. O~-~, Submitted by: Franklin WU, ehief Administrative Officer FW*jla 1407 J J J j j .J .J J j .J j J j J J j J J j - REPORT NO.: ADM-04-03 Page 3 - __ 1. Background 1.1 On November 7, 1998 eouncil approved the privatization of the function of economic III development to the Clarington Board of Trade. Subsequently, an agreement was entered into setting out the details including the obligations of the two parties. The ... agreement ended on December 31,2000 and was further extended for three years, ending on December 31,2003. ... 1.2 The financial portion of the contractual agreement with the Board of Trade in the .. previous years are as follows: ... 1998 - $35,000 1999 - $50,000 2000 - $75,000 2001 - $75,000 2002 - $75,000 2003 - $75,000 .. ... III These funds were intended to cover the salary/benefit expenditure of the Board in order to retain the service of a professional Economic Development Officer/Manager to handle the business retention and business attraction responsibilities. The costs of office administration and other Board activities are covered by other revenue services, such as mer:nbership fees and special events. III ... 2. Request for New Contract As the current contract will expire at the end of this year, it is imperative that the future of economic development function be addressed now. In this regard, representatives of the Board of Trade have met with the Administrator with a view to negotiating a new contract to allow the Board of Trade to continue the economic development functions on behalf of the Municipality. .. - .. ... .. 1408 .. REPORT NO.: ADM-04-03 Page 4 a) A new three (3) year contract commencing January 1, 2004, ending December 31,2006 whereby the Clarington Board of Trade will deliver economic development functions on behalf of the Municipality of Clarington. b) The Municipality will provide an annual lump sum payment to the Board on the first day of March in each calendar year, in the amount of $90,000 for year 2004, $95,000 for year 2005 and $100,000 for year 2006. c) That economic development function is generally defined as business retention and business attraction. d) Automatic renewal for one additional year at $100,000 for year 2007, subject to the consents by both parties. e) The Board shall at a minimum, report to Council once a year pertaining to all the economic development activities undertaken. f) The Board and its employees shall refrain from engaging in any activity that would negatively impair the relationship between the Municipality and the Board. g) The Municipality will provide free office space for the Board's employees at the Tourism eentre at Liberty Street and Highway 401. h) The Municipality will provide the Board a one time contribution of $18,000 for the purpose of preparing a Business Directory and Vacant Land and Building Inventory. 4. Comments In the consideration of whether or not the Municipality should continue the current privatization initiative with the Board of Trade, certain factors must be considered. In particular, it is prudent to review the past performance of the Board of Trade in its delivery of its responsibilities under the terms of the agreement to ensure the Municipality is getting the best value of its tax dollars. Since assuming the responsibility of economic development in 1998, the Board of Trade has slowly and gradually evolved into an umbrella organization, working in concert with various business organizations within Clarington to further the common goal of 1409 .J t .. J ..J j J J j j j J , ... j j j J .J J j ... REPORT NO.: ADM-04-03 Page 5 ... ... promoting Clarington has a desirable place to do business. Through the di'rection of the Board of Directors and tireless effort of the previous Business Development Officer and the current Business Development Manager, the Board has taken on many economic development and promotional initiatives, all of which are to be commended. The Chief Administrative Officer, having the experience of working closely with the Board since its inception, is pleased to advise that the Board has done an excellent job in promoting business in elarington and would recommend to Council to continue this privatization initiative. - - .. III III The recommended amounts of $90,000 for 2004 and a gradual $5,000 increase for 2005 and 2006 are considered reasonable, and it represents an average annual increase of approximately 4.75% between year 2000 and 2006. -- ... The $18,000 one time capital contribution is recommended to be provided to the Board in order to allow it to acquire the necessary tools to perform the economic development functions. These tools include a Business Directory and an Inventory of Vacant Buildings and Properties. These publications represent the very basic, and yet essential tools for every economic development personnel, and are absolutely necessary irrespective of who is delivering economic development functions. II. .. .. 5. New Municipal Act Ramification Prior to the new Municipal Act coming into force on January 1 , 2003, the Region of Durham, by by-Iaw, has authorized its local municipalities to perform economic development functions. The new Municipal Act has given the economic development function exclusively to the Region of Durham with a proviso that the Region may allow the local municipalities to perform the economic development function. In order to ensure the future agreement with the Board of Trade would not be contrary to the new Municipal Act, it is recommended that the Region confirm with Clarington that the previous arrangement will be carried over under the Municipal Act. ... ... ... ... .. 141 0 - l .J J J J j J i ~ ... J j J J j j j J .J j J J