HomeMy WebLinkAbout10/27/2008
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DATE: MONDAY, OCTOBER 27,2008
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held October 14, 2008
PRESENTATIONS
a) Glenn Rainbird, O.C, Chair and Michael Angemeer, President and CEO, Veridian
Corporation - AnnuClI Shareholders' Report
b) Peter Windolf, Manager of Park Development - Clarington Trails Update
DELEGATIONS (List as of Time of Publication)
There are no Delegations scheduled as of the time of publication.
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Tyrone Community Centre Executive Board dated
October 15, 2008
I - 2 Minutes of the Santa Claus Parade Committee dated September 8,
and October 20,2008
1-3 John R. O'Toole, MPP, Durham - Public Safety and Traffic Control
During Repatriation of Canadian Soldiers
1-4 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing - Working in Partnership on Behalf of Ontario's
Municipalities
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Council Agenda
- 2 -
October 27, 2008
I - 5 Kathy Blake, Municipal Relations Representative, Municipal Property
Assessment Corporation (MPAC) - 2008 Property Assessment
1-6 P. M. Madill, Regional Clerk, Region of Durham - Proposed Regional
Revitalization Plan
1-7 Sylvie Grenier, Manager, Affordability and Choice Today (ACT) -
"About ACT Grants"
1-8 Mary Tillcock, Run Day Organizer, The Terry Fox Run 2008 for
Cancer Research - Letter of Appreciation - 28th Anniversary of
Terry's Marathon of Hope
1-9 John R. O'Toole, MPP, Durham - Provincial Sales Tax Exemption for
Police Services in Ontario
I - 10 Jim Hankinson, President and CEO, Ontario Power Generation -
Semi-Annual Performance Report
I - 11 Chi Nguyen - Objection to Proposed "Energy-From-Waste" Facility
Receive for Direction
D - 1 Mary-Anne Muizelaar, Club President, Bowmanville Toastmasters
Club - Proclamation of "Bowmanville Toastmasters Week"
D - 2 Edmond Vanhaverbeke - Provision of Bicycle and Multi-Purpose
Traffic Lanes
D - 3 J. Black, Secretary, Newcastle Business Improvement Association -
Additional Parking in Downtown Newcastle
D - 4 Leonard Corvers - Rental of the Newtonville Community Centre
D - 5 John R. O'Toole, MPP, Durham - Leashing of Cats
D - 6 Brad Sinclair - Outdoor Beach Volleyball Courts
D - 7 Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham - Durham Agricultural Advisory Committee 2008 Farm Tour
D - 8 Kristin Robinson - Construction of Bicycle Lanes
D - 9 Terry Downey, Executive Vice-President, Ontario Federation of
Labour - Proclamation of "Community Social Service Workers
Appreciation Day"
Council Agenda
- 3 -
October 27, 2008
D - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax - Comments on Draft Proposed Terms of Reference for
Drinking Water Source Protection Plans
D - 11 Joan Paul, Secretary, Kendal Community Centre - Request for
Assistance
D - 12 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington -
Protection of Agricultural Lands
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of October 20, 2008
STAFF REPORT(S)
BUSINESS ARISING FROM NOTICE OF MOTION
No Notices of Motion were received for consideration.
UNFINISHED BUSINESS
1. Addendum to Report PSD-099-08 - Municipality of Clarington General
Amendment to Zoning By-law 84-63 Regarding Recreational Vehicle Parking
and Accessory Buildings and Structures
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
FINAL LIST OF DELEGATIONS
October 27,2008
a) Nick Krishko - Addendum to Report PSD-099-08 - Municipality of
Clarington General Amendment to Zoning By-law 84-63 Regarding
Recreational Vehicle Parking and Accessory Buildings and Structures
- (Unfinished Business)
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Council Meeting Minutes
OCTOBER 14, 2008
Minutes of a regular meeting of Council held on October 14, 2008, at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Director of Engineering Services, 1. Cannella, attended until 8:29 p.m.
Director of Community Services, J. Caruana, attended until 8:29 p.m.
Solicitor, D. Hefferon
Director of Operations, F. Horvath, attended until 8:29 p.m.
Director of Corporate Services and Human Resources, M. Marano,
attended until 8:29 p.m.
Manager of Community Planning and Design, C. Salazar, attended
until 8:29 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 8:29 p.m.
Director of Emergency Services/Fire Chief, G. Weir,
attended until 8:29 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Correspondence Item D - 5.
Resolution #C-480-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the order of the Agenda be altered to allow for consideration of
Correspondence Item D - 6 prior to consideration of Correspondence Item D - 5; and
that these matters be referred to a closed session of Council following the Other
Information Section of the Agenda.
"CARRIED"
Council Meeting Minutes
- 2 -
October 14, 2008
ANNOUNCEMENTS
Councillor Novak advised that on Friday she attended the ground-breaking ceremony
for the new Durham EMS Station in Courtice and brought greetings from the
Municipality.
Councillor Hooper announced the following:
· On Thursday, October 9,2008, he attended the Emergency Services Medal
Presentation at the Indoor Soccer Facility to recognize Emergency Services
personnel for their long-term service to the Municipality.
· On October 16, 2008, the Clarington Older Adult's Association will be hosting
fiddle champion Scott Woods. Tickets are $20.
· The Bowmanville BIA will be hosting the Annual Apple Festival and Craft Sale
this weekend.
· The Hampton Community Association will be hosting a fall dance on Saturday,
October 18, 2008, starting at 8:00 p.m.
· On October 25, 2008, Central Lake Ontario Conservation Authority will be
dismantling equipment from a bird sanctuary from 9:00 a.m. until 11 :00 a.m.
and are looking for volunteers to assist with hauling wood out to the main road.
Councillor Foster announced that last Thursday he attended a celebration recognizing
Veridian's achievement in attaining two million hours of work time with no lost time
accidents and extended congratulations to Veridian on this accomplishment.
MINUTES
Resolution #C-481-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on September 29,2008, be
approved.
"CARRIED"
PRESENTATIONS
There were no Presentations introduced under this section of the Agenda.
DELEGATIONS
Tom McKee was called but was not present. Mr. McKee attended later in the meeting
and his delegation was heard at that time. (see page 16).
Council Meeting Minutes
- 3 -
October 14, 2008
COMMUNICATIONS
Resolution #C-482-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 9 and I - 11 .
"CARRIED"
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated September 9,2008.
I - 2 Minutes of the Clarington Heritage Committee dated September 16,
2008.
I - 3 Minutes of the Durham Nuclear Health Committee dated
September 12, 2008.
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated
September 16, 2008.
I - 5 Minutes of the Orono Arena Community Centre Board dated
October 1,2008.
I - 6 Minutes of the Clarington Museum and Archives Board dated
September 10,2008.
I - 7 Allan Hewitt, Library Board Chair, Clarington Public Library,
expressing appreciation for the $50,000 support from the Municipality
for roof and eavestrough replacement at the Orono Branch Library.
1-8 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
September 22, 2008, the City of Oshawa adopted the following
resolution pertaining to parenting events and National Bully
Awareness Week:
"1. THAT Correspondence CS-08-85 Part 1) dated June 23, 2008,
from the Finance and Administration Committee be received for
information; and,
Council Meeting Minutes
- 4 -
October 14, 2008
2. THAT the information concerning bully awareness programs and
requests for support from Jennifer Adamson and Garth Riley be
forwarded to the Durham Regional Health and Social Services
Committee for information, along with a recommendation that
Jennifer Adamson and Garth Riley be invited to provide a
presentation of their 'Sticks and Stones May Break My Bones'
Character Building Program to the Durham Regional Health and
Social Services Committee to increase public awareness; and,
3. THAT CS-08-101 be referred back to staff and Finance Services
and Community Services staff meet to develop an anti-bullying
campaign for implementation in City facilities, and Garth Riley
and Jennifer Adamson be consulted for input; and,
4. THAT the City of Oshawa endorse Garth Riley's and Jennifer
Adamson's 'Sticks and Stones May Break My Bones' Character
Building Program as a vehicle to address issues of bullying, and
further, that area municipalities be so advised."
I - 10 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers
Association thanking Council, on behalf of all those who use
Mill Street South in Bond Head, for the recent resurfacing of Mill
Street South.
I - 9 Martin Vroegh, Environment Manager, St. Marys Cement Inc.,
advising that St. Marys Cement has applied for a Certificate of
Approval for a time-limited alternative fuels demonstration project
involving the receipt and thermal treatment of alternative fuels and
monitoring of the performance of the plant at the Bowmanville
Cement Plant; advising of the procedure for transfer, storage and use
of the alternate fuel; and advising written comments, concerns or
objections are to be submitted to the Environmental Assessment and
Approvals Branch, Ministry of the Environment. Copies of the
documents are available for viewing at the Ministry office.
Resolution #C-483-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Correspondence Item I - 9 from Martin Vroegh, St. Marys Cement be
referred to the Director of Planning Services for an update on the meeting held
earlier today, and that a representative of St. Marys Cement be invited to make
a presentation to Council at an appropriate date concerning the alternative fuels
demonstration project at the Bowmanville Cement Plant.
"CARRIED"
Council Meeting Minutes
- 5 -
October 14, 200R
1-11 W. Michael Fenn, Chief Executive Officer, Metrolinx, advising of the
release of the Draft Regional Transportation Plan (RTP) entitled ''The
Big Move: Transforming Transportation in the Greater Toronto and
Hamilton Area" and the Draft Investment Strategy (IS), proposing a
new blueprint for transit expansion in the region that will enhance the
prosperity, environmental sustainability and quality of life in the
GTHA; advising the plans are available at www.metrolinx.com;
forwarding a list of public meetings to be held including a meeting on
October 28,2008, at the Heydenshore Pavilion in Whitby; and,
indicating that written comments are to be directed to 20 Bay Street,
Suite 901, Toronto, ON M5J 2N8 or forwarded electronically to
RTP@metrolinx.com.
Resolution #C-484-08
Moved by Councillor Foster, seconded by Councillor Hooper
WHEREAS Metrolinx has issued its draft report THE BIG MOVE: Transforming
Transportation in the GTHA with a vision of providing an integrated
transportation system that enhances our prosperity, environmental sustainability
and quality of life for the predicted 9 million residents and thousands of
businesses in the Greater Toronto and Hamilton Area (GTHA)
WHEREAS the "eight big moves" are:
1. A fast and frequent and expanded regional rapid transit network.
2. A complete walking and cycling network with bike-sharing programs.
3. An information system for travelers, where and when they need it.
4. A region-wide integrated transit fare system.
5. A system of mobility hubs.
6. Higher-order transit connectivity to the Pearson Airport district from all
directions.
7. A comprehensive strategy for good movement.
8. An Investment Strategy to provide stable and predictable funding.
WHEREAS the 15 year transit and transportation plan provides for the
extension of GO Rail service to Bowmanville and the construction of Highway
407 East Extension;
WHEREAS the 25 year transit and transportation plan included no further
enhancements to the transportation network in Clarington in the 15 to 25 year
timeframe;
NOW THEREFORE BE IT RESOLVED THAT the correspondence from
W. Michael Fenn, Chief Executive Officer of Metrolinx regarding the upcoming
public meetings in Whitby on October 28th be received;
Council Meeting Minutes
- 6 -
October 14, 2008
THAT Metrolinx be commended for preparing an innovative and responsible
plan to start addressing the complete transportation requirements of the GTHA;
THAT the transportation plan provide for investment in the "905" to achieve
more transit supportive communities including areas in their Greenfield phase of
development in support of local official plans;
THAT the Municipality of Clarington requests that the following adjustments be
made to the Regional Transportation Plan:
1. the extension of the rapid transit line along Highway 2/King Street from
Oshawa to Bowmanville;
2. the designation of the Bowmanville West Town Centre as a Mobility Hub
in the RTP, recognizing the existing planning framework for this area to
function as such;
3. clarification of the status of Highway 407 East extension and inclusion of
the proposed alignment in the maps;
4. address the timing of the extension of the transitway planned for within
the Highway 407 East Extension right-of-way as an easily implemented
and cost effective transit corridor; and,
5. incorporate Highway 401 corridor improvements, in particular the
interchanges at Waverley Road and Liberty Street, within the 15 year
plan.
AND THAT this resolution be forwarded to Mr. Rob Mclssac Chair of Metrolinx,
Mr. Roger Anderson Regional Chair and member of Metrolinx, Mr. Michael
Fenn, Chief Executive Officer of Metrolinx, and the Region of Durham.
"CARRI ED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-485-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 5, D - 6 and D - 10 to D - 13, inclusive.
"CARRIED"
Council Meeting Minutes
- 7 -
October 14, 2008
D - 1 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade,
requesting permission to hold the 4 ih Annual Community of
Bowmanville Santa Claus Parade on Saturday, November 15, 2008,
beginning at 10:30 a.m.; highlighting the parade route; requesting the
cooperation of the Police Department, Operations Department and
Municipal Services and the use of the Old Fire Hall; and, thanking all
involved for their continued support in making the parade a great
success.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 2 Marianne McBride, submitting her resignation, with regret, from the
Ganaraska Forest User Committee as she is no longer a resident of
Clarington; and, suggesting that Bill Stapleton, an active user of the
forest be appointed to the Committee as her replacement. The
Ganaraska Forest User Committee, composed of members from
Recreation User Groups and from municipalities, meets four times
per year to provide the opportunity for user groups and the
community to comment on the use of the forest.
(Correspondence received with regret
and Bill Stapleton appointed to the
Ganaraska Forest User Committee)
D - 3 Janine Wallace-Rivard, RC.M., Property Manager, The Nantucket,
Durham Condominium Corporation No. 146, proposing alternatives
to solve the concerns at the Skateboard Park at the Courtice
Complex by either investigating the option of putting a dome over the
facility and making it a 'membership facility' or closing the park
entirely. She feels the funds and time spent by municipal staff and
Durham Regional Police Service could be better used and that an
indoor skateboard park would be monitored and provide year-round
entertainment.
(Correspondence referred to the
Director of Engineering Services)
Council Meeting Minutes
- 8 -
October 14, 2008
D - 4 Peter Evans, President, Clarington Older Adult Association Board of
Directors, advising that they have heard that Durham Community
Care will not be moving to the Garnet B. Rickard Complex as
previously anticipated and may be seeking to renew their lease at
the Beech Centre; reaffirming the Association's request that the
Municipality not renew the Durham Community Care and the Lions'
Nursery School sub-leases at the Beech Centre as the Association
needs more space as a result of membership growth and
programming; and, requesting Council recognize that the Clarington
Older Adult Association does not have the option of moving to
another location in Clarington.
(Correspondence referred to the
Director of Corporate Services)
D - 7 P. M. Madill, Regional Clerk, Regional Municipality of Durham writing
to the Honourable Madeleine Meilleur, Minister of Community &
Social Services advising that on September 17, 2008, the Region of
Durham adopted the following resolution pertaining to Bill 94: Social
Assistance Statutes Law Amendment Act (Registered Disability
Savings Plans):
"a) THAT Durham Region Council supports Bill 94;
b) THAT staff be directed to write a letter to the Minister of
Community and Social Services indicating such support, and
attaching a copy of Report #2008-A-43; and
c) THAT a copy of the letter and Report #2008-A-43 be forwarded
to the Premier of Ontario, Durham's MPPs, area municipalities
and area Accessibility Advisory Committees."
(Correspondence referred to the
Clarington Accessibility Advisory
Committee)
D - 8 Alfred Frendo-Cumbo requesting a meeting with Members of Council
and Municipal staff to resolve parking by-law enforcement issues on
Kingsview Court; requesting disclosure of the individuals involved in
the complaints and copies of existing by-laws; advising he will not
park his truck in his driveway after October 4,2008, until the issue is
resolved; and, advising that he feels the complaints are malicious and
vexatious in nature, and that enforcement should not be biased but
enforced in a non-discriminatory manner.
(Correspondence referred to the
Municipal Clerk)
Council Meeting Minutes
- 9 -
October 14, 2008
D - 9 Marvin and Kathy Stapleton, advising of their intention to demolish
their farmhouse at 2100 Stapleton Road and to replace the home with
a Royal Home which requires the issuance of a building permit and a
signed contract with Royal Homes by November 30, 2008, to
guarantee delivery by June 30, 2009; acknowledging that the
Municipality requires a letter of undertaking and a $25,000 deposit as
security in case of default on the demolition, but requesting that the
Municipality accept an irrevocable letter of credit from their bank as
security in this case; and that the by-law requiring the deposit be
rewritten to accommodate average taxpayers to accept irrevocable
letters of credit in lieu of cash.
(Correspondence referred to the
Director of Engineering Services)
D - 10
Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
September 22,2008, the City of Oshawa adopted the following
resolution pertaining to the Ontario Poverty Reduction Strategy:
"WHEREAS the 25-in-5 Network has declared that 'We believe in a
poverty-free Ontario. A place where everyone can live in dignity and
enjoy a good standard of living'; and,
WHEREAS the 25-in-5 Network is holding a 2-week awareness
campaign across the Province from October 13 to October 24, 2008
to promote a poverty-free Ontario;
THEREFORE BE IT RESOLVED THAT the City of Oshawa endorses
the following:
'25-in-5 Founding Declaration setting out three priorities for a
Poverty Reduction Strategy:
1. good, sustaining jobs that lift working Ontarians out of
poverty;
2. liveable incomes that adequately support those unable to
work; and,
3. strong and supportive communities affordable housing, child
care, public education and community programs that help
people connect.'
AND THAT the municipalities of Durham Region, and the Region of
Durham be asked to endorse this declaration."
Council Meeting Minutes
- 10-
October 14, 2008
Resolution #C-486-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the City of Oshawa with respect to the Ontario
Poverty Reduction Strategy be endorsed.
"CARRIED"
D - 11
Louise Gartshore, City Clerk, City of Woodstock, advising Council that
on October 2, 2008, the City of Woodstock adopted the following
resolution pertaining to support of Provincial Sales Tax Exemption for
Police Services:
"That Council hereby resolves that the Government of Ontario provide
full exemption of provincial sales tax on goods and services for
Ontario Police Services similar to the GST exemption.
And further that Council hereby resolves that the Government of
Ontario provide the same exemption for annual licence fees for
municipal police vehicles as provided to the Ontario Provincial Police
and to fire vehicles.
And further that a copy of this resolution be forwarded to all
municipalities seeking support for the sales tax exemption."
Resolution #C-487 -08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the City of Woodstock with respect to Support of
Provincial Sales Tax Exemption for Police Services be endorsed.
"CARR I ED"
D - 12
Township of Greater Madawaska advising Council that the Township
of Greater Madawaska adopted the following resolution pertaining to
a review of the Municipal Property Assessment Corporation
operations:
"WHEREAS the Province is initiating a modified versiorT of the
existing property assessment program in 2009 for the purpose of
assessing residential, commercial and industrial properties in the
province and;
Council Meeting Minutes
- 11 -
October 14, 2008
WHEREAS it has been demonstrated that a system of property
assessment that sets the value of the property at the time of sale,
annually adjusted for the Cost of Living, is much more fair to
residents of Ontario than the current system and;
WHEREAS the current system of assessment is driven by market
rates which is inherently inequitable, particularly in communities with
significant waterfront property and;
WHEREAS the current system of assessment unfairly targets
waterfront properties with disproportionate assessments and;
WHEREAS property assessment increases of 40 to 70 percent
unfairly impact on seniors, fixed & low income persons and persons
less able to absorb such increases and;
WHEREAS the current system unfairly places a burden on
individuals by not enabling them to anticipate huge increases in
assessment and;
WHEREAS the current assessment system rewards owners who
don't maintain their properties and;
WHEREAS the procedures used for assessment of commercial
properties does not consider the amount of investment in the
enterprise, particularly where the business does not have any
buildings associated with it and;
WHEREAS the assessment process does not enable MPAC to
properly assess unusual business ventures, such as motor sport
race tracks, and;
WHEREAS the current system of assessment for commercial
properties does not take into consideration the business impact on
the infrastructure of the municipality, thereby unfairly transferring
costs to residential taxpayers and;
WHEREAS the current system of assessment is 6 to 8 months
behind on new properties being added to the assessment roles and;
WHEREAS MPAC continually seems to be reducing staff in regional
offices in favour of placing emphasis on head office operations and;
Council Meeting Minutes
- 12 -
October 14, 2008
WHEREAS the complex system of property assessment currently
used in Ontario promotes a huge organization of staff costing
approximately $150 million annually which could be better utilized to
address infrastructure issues faced by all municipalities, property
owners and the province and;
WHEREAS the present system of assessment results in
redistributing of taxes rather than a sound basis for all taxpayers to
share fairly in taxes or tax increases (that is tax payer receive
significant increases while others have their taxes reduced);
NOW THEREFORE BE IT RESOLVED THAT:
The Township of Greater Madawaska petitions the Province of
Ontario to review the Municipal Property Assessment Corporation
operations regarding service to the residents of Ontario and further;
That the Township of Greater Madawaska petitions the Province of
Ontario to review the property assessment model with a view to
implementing a system that sets the value of the property at the time
of sale, then fixes the price, with annual COLA adjustments until the
next sale of the property and further;
That this resolution be circulated to all MPP's, to the Association of
Municipalities of Ontario, the Association of Municipal Managers,
Clerks and Treasurers of Ontario, the Municipal Finance Officer's
Association, the County of Renfrew, all Renfrew County
Municipalities and all municipalities in Ontario for consideration and
support and further;
That all municipalities discussing this resolution inform us of their
support.
Resolution #C-488-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the Township of Greater Madawaska with respect to
a review of the Municipal Property Assessment Corporation operations be
received for information. '
"CARRI ED"
Council Meeting Minutes
- 13 -
October 14, 2008
D - 13
Kathi Maskell, Mayor, Town of Hanover, advising Council that on
September 29,2008, the Town of Hanover adopted the following
resolution pertaining to Fairness for Ontario and Investment in
Communities:
"WHEREAS the Town of Hanover is an Ontario municipality greatly
impacted by successive Federal Governments' lack of fairness
towards Ontario and the economic imbalance that has developed
amongst the Provincial partners;
AND WHEREAS the Town of Hanover fully endorses the efforts of
Premier McGuinty, the Ontario Chamber of Commerce and AMO on
behalf of all Ontario Municipalities, to achieve fair and equitable
treatment from our Federal partners;
AND WHEREAS the people of Ontario currently have an opportunity
to voice their concerns to all Federal parties and/or their respective
riding candidates leading up to the October 14, 2008 Federal
election;
AND WHEREAS all Ontarians should be extremely concerned with
the lack of fairness and equal treatment extended to the Province of
Ontario, and the enormous impacts that unfairness has on the
Ontario economy and services provision;
THEREFORE BE IT RESOLVED THAT the Corporation of the Town
of Hanover calls upon all Federal Party Leaders to explain to
Ontario's citizens how, if they were elected, they would bring fairness
to Ontario through the funding of Employment Insurance,
Equalization Payments, Infrastructure, Regional Economic
Development, Job Loss, Housing & Homelessness and Immigration;
AND FURTHER THAT copies of this resolution be forwarded to all
Federal Government Party Leaders, Ontario Premier Dalton
McGuinty, all Federal election candidates in the riding of Bruce-Grey-
Owen Sound, the Association of Municipalities of Ontario (AMO), Bill
Murdoch M.P.P, Bruce-Grey-Owen Sound and all Municipalities in
the Province of Ontario."
Council Meeting Minutes
- 14 -
October 14, 2008
Resolution #C-489-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the resolution from the Town of Hanover with respect to fairness for
Ontario and investment in communities be received for information.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report October 6,2008
Resolution #C-490-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the General Purpose and Administration Committee Report of October 6, 2008
be approved, with the exception of Items #6, #14 and #22.
"CARRI ED"
Item #6
Resolution #C-491-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-099-08 be received;
THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, be approved and that the by-law as contained in Attachment 4 to Report
PSD-099-08 be passed;
THAT the Planning Services Department examine whether any changes are required
to the Official Plan with respect to commercial recreational vehicles storage area uses
outside of Industrial Areas in the Muncipality of Clarington and report back to the
Committee in four weeks;
THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction
Areas continue to be reviewed and an additional public meeting be scheduled; and
THAT all interested parties listed in Report PSD-099-08 and any delegations be
advised of Council's decision.
"SEE FOLLOWING MOTION"
Council Meeting Minutes
- 15 -
October 14, 2008
Resolution #C-492-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-099-08 be tabled until the Council meeting of October 27,2008.
"CARRIED"
Item #14
Resolution #C-493-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report ESD-014-08 be received; and
THAT the Master Fire Plan Update and the presentation of Mr. Claudio Covelli be
referred to staff for consideration in the 2009 budget process.
CARRIED AS AMENDED
LATER IN THE MEETING
(See following amending motion)
Resolution #C-494-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the foregoing Resolution #C-493-08 be amended by adding the following
paragraph: "and that an investigation into the cost/benefit analysis to continue to own
or outsource the Dispatching Service be completed in 2009."
"CARRI ED"
Resolution # C-493-08 was then put to a vote and CARRIED AS AMENDED ON
THE FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster .J
Councillor Hooper .J
Councillor Novak .J
Councillor Robinson .J
Councillor Trim .J
Councillor Woo .J
Mayor Abernethy .J
Council Meeting Minutes
- 16 -
October 14, 2008
Item #22
Resolution #C-495-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report COD-060-08 be received; and
THAT staff report back to Council on the results of the negotiations with Denrain
International Inc.
"SEE FOLLOWING MOTION"
Resolution #C-496-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report COD-060-08 be tabled until the Council meeting of November 10, 2008,
to allow for further discussion and a complete understanding of the issues around the
space requirements at the Garnet B. Rickard Recreation Complex.
"CARRIED"
DELEGATIONS (cont'd)
Resolution #C-497 -08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Tom McKee be heard at this time.
"CARRIED"
Tom McKee addressed Council concerning Item 6 of Report #1 - Municipality of
Clarington General Amendment to Zoning By-law 84-63 regarding recreational
vehicle parking and accessory buildings and structures. Mr. McKee questioned
the justification for the amendment and what circumstances led to the proposed
recommendation. He questioned whether any staff reports had been prepared or
whether any surveys had been conducted to justify bringing forth the amendment
or whether the issue was advanced as a result of a few complaints received from
the public. Mr. McKee indicated he was opposed to the amendment due to its
invasive nature and feels that residents have the right to park recreational
vehicles on their own property as long as they do not pose a safety issue.
Council Meeting Minutes
- 17 -
October 14, 2008
STAFF REPORT(S)
Resolution #C-498-08
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report FND-023-08 be received for information.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
UNFINISHED BUSINESS
Resolution #C-499-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Addendum to Report CSD-015-08 be received;
THAT CSD-015-08 be lifted from the table; and
THAT the Community Services Department Strategic Plan be adopted in principle.
"CARRIED"
Resolution #C-500-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation of Tom McKee be received for information;
THAT a copy of Report PSD-099-08 be mailed to Tom McKee; and
THAT he be invited to contact the Planning Services Department if he has any
questions regarding the matter.
"CARRI ED"
Council Meeting Minutes
- 18 -
October 14, 2008
BY -LAWS
By-law 2008-169 was withdrawn as a result of the tabling of Report PSD-099-08.
Resolution #C-501-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-168 and 2008-170 to 2008-182
inclusive;
2008-168 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Gertrud Tomina)
2008-170 Being a by-law to adopt Amendment No. 65 to the Clarington
Official Plan (Prestonvale Heights Limited)
2008-171 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Prestonvale Heights Limited)
2008-172 Being a by-law to authorize entering into an Agreement with the
Owners of Draft Plan of Subdivision S-C-2007-0007, any
Mortgagee who has an interest in the said Lands, and the
Corporation of the Municipality of Clarington, in respect of S-C-
2007 -0007 (Prestonvale Heights Limited)
2008-173 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Municipality of Clarington)
2008-174 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute an Agreement
for Professional Consulting Services between the Municipality of
Clarington and Aecom Canada Ltd.
2008-175 Being a by-law to amend the Purchasing By-law 2006-127
2008-176 Being a by-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington (Veltri Gardens
Subdivision)
2008-177 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington (Veltri
Gardens Subdivision)
Council Meeting Minutes
- 19 -
October 14, 2008
2008-178 Being a by-law to establish, layout and dedicate certain lands as
public highways in the Municipality of Clarington (Newcastle
Meadows Subdivision)
2008-179 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
(Newcastle Meadows Subdivision)
2008-180 Being a by-law to authorize the execution of a Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and St. Marys Cement Inc. (Canada) to authorize the
use of St. Marys' Bowmanville Cement Plant located at 400
Waverley Road South, Bowmanville ON, for fire department
training purposes
2008-181 Being a by-law to amend By-law 2007-216 being a By-law to
appoint individuals as Parking Enforcement Officers for Private
Property
2008-182 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Rutherford Contracting Ltd,
Gormley, Ontario, to enter into agreement for the Construction of
Aspen Springs Park, Bowmanville, Ontario; and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Chief Weir confirmed that the public alerting system was recently tested. He noted
however, that all sirens are operational but that some sirens did not sound properly
and that further testing will occur in the next few weeks.
CORRESPONDENCE FOR DIRECTION (cont'd)
D - 6 Confidential Correspondence regarding litigation or potential litigation
affecting the municipality.
Council Meeting Minutes
- 20-
October 14, 2008
Mayor Abernethy stated a declaration of pecuniary interest concerning
Correspondence Item D - 5 as this matter deals with the compliance audit
issue related to the 2006 municipal election. Mayor Abernethy advised he
would not be attending that portion of the closed meeting dealing with
Correspondence Item D - 5.
D - 5 Confidential Correspondence regarding litigation or potential litigation
affecting the municipality.
Resolution #C-502-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing matters of litigation or potential
litigation affecting the municipality.
"CARRIED"
The meeting resumed in open session at 8:47 p.m. with Deputy Mayor Novak in the
Chair.
Deputy Mayor Novak advised that a closed meeting of Council was held in
accordance with Section 239 of the Municipal Act. Two matters were considered and
direction was given to staff with respect to Correspondence Items D - 5 and D - 6.
CONFIRMING BY-LAW
Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Resolution #C-503-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-183, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 14th day of October, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
Council Meeting Minutes
- 21 -
October 14, 2008
ADJOURNMENT
Resolution #C-504-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 8:48 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE
OCTOBER 27, 2008
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Tyrone Community Centre Executive Board dated
October 15, 2008. (Copy attached)
I - 2 Minutes of the Santa Claus Parade Committee dated September 8,
and October 20,2008. (Copies attached)
1-3 John R. O'Toole, MPP, Durham, advising Council that he has
followed up with Chief Mike Ewles, Durham Regional Police Service
regarding public safety on overpasses during repatriation of Canadian
Soldiers and that the matter will be referred to Inspector Charlie
Green for further consideration; and further advised that the Staff
Sergeant and Inspector assumed traffic control duties during the
repatriation ceremony on September 8, 2008, which allowed other
officers to respond to emergencies as necessary.
I - 4 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing expressing his pleasure at meeting Members of Council and
staff representatives at the Annual Association of Municipalities of
Ontario (AMO) Conference which provided him with the opportunity to
listen to and learn from discussions of municipal issues, challenges
and opportunities; and, advising he looks forward to continuing to
work with community leaders in partnership with the Ministry and
AMO on behalf of Ontario municipalities.
I - 5 Kathy Blake, Municipal Relations Representative, Municipal Property
Assessment Corporation (MPAC) advising Property Assessment
Notices will be mailed to every property owner in Ontario this fall
based on a January 1, 2008 valuation date; advising of a number of
changes to the property assessment system which take effect for the
2009 property tax year including the introduction of a four-year
assessment update cycle and a phase-in of assessment increases;
enclosing an information. kit to assist staff who may receive public
inquiries; and, advising enquiries about Property Assessment Notices
and assessment in general may be directed to MPAC's website at
www.mpac.ca or to their Customer Contact Centre at 1-866-296-
6722.
Summary of Correspondence
- 2 -
October 27, 2008
1-6 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on October 8, 2008, the Region of Durham adopted the following
resolution pertaining to the Proposed Regional Revitalization Program
(RRP):
"a) THAT the proposed Regional Revitalization Program (RRP) to
provide financial assistance, through the area municipalities, to
revitalization projects individually approved by Regional Council
during the annual business planning review, with the following
key elements, be approved and implemented:
i) The RRP will target new Community Improvement Plan
(CIP) projects as recommended by area municipalities;
ii) The RRP will focus on initiatives that advance the goals of
the Regional Official Plan (ROP) as a basis for achieving
positive economic and community objectives;
iii) The RRP encourages both residential and employment
growth in the Region's key urban locations, including
Regional Centres and Regional Corridors; and brownfield
sites throughout the Region, which will be given preference;
iv) The project must entail significant and substantial
revitalization and/or development. Construction cannot
already be underway. Examples of eligible project types
are:
. New construction;
. Addition to existing;
. Redevelopment
. Brownfield Redevelopment;
v) The RRP continue for a five year term (2008 to 2013) with
an annual review by Regional Council of the RRP to
determine its effectiveness and need for continuation;
vi) Program eligibility will be determined through the submission
of an application, including a business case by the
supporting area municipality, which demonstrates the
benefits of the project and the need for Regional financial
assistance. Area municipalities must submit an application,
including a business case, to the Region's Commissioner of
Finance by September 1 st of any given year for
consideration in the subsequent year's funding allocation;
Summary of Correspondence
- 3 -
October 27, 2008
vii) Applications will be reviewed and evaluated by the
Commissioners of Planning, Works and Finance to ensure
that program eligibility and business case requirements are
addressed;
viii) Recommendations regarding project selection will be
presented to a Joint Finance & Administration, Planning and
Works Committee and Regional Council. Final funding
approval will be contingent upon the Regional Business
Planning and Budget process;
ix) Regional financial assistance under the RRP will not be
greater than the area municipality's financial assistance;
x) Funds for approved community improvement projects will be
transferred to the applicable area municipality at the
following stages:
· Building permit issued by area municipality 50%
· Framing inspection passed by local building
Inspection authority 25%
· Occupancy permit received from local building
authority or passed preoccupancy inspection of
those municipalities who do not issue an occupancy
permit 25%
xi) The participating area municipalities will be required to
provide relevant project information for all qualified
community improvement projects approved through the RRP
on an annual basis for the five years after substantial
occupancy of each project. A summary of these monitoring
reports will be presented to Regional Council on an annual
basis for consideration, prior to approval of subsequent
annual budget allocations to new projects;
xii) Funding will be provided through the recommended new
Regional Revitalization Reserve Fund, which will be
replenished through the dedication of the increased
Regional property tax revenue of the RRP projects, resulting
from increased current value assessment, for a time period
after substantial occupancy to be determined by Regional
Council at project approval;
Summary of Correspondence
- 4 -
October 27, 2008
b ) THAT a Regional Revitalization Reserve Fund be established to
provide one-time funding to approved revitalization projects per
the conditions of the RRP, and include the following conditions
and sources of funding:
i) Seed funding in the amount of approximately $1.0 million be
transferred from the Industrial Land Reserve Fund to the
Regional Revitalization Reserve Fund;
ii) For five years after substantial occupancy, the increased tax
revenue generated from the Pilot Regional Downtown
Revitalization project at 44-50 Bond Street in the City of
Oshawa, as a result of the increased current value
assessment, be directed into the Regional Revitalization
Reserve Fund;
iii) The increased property tax revenue generated from the
increased current value assessment of approved projects of
the RRP be used to replenish the Regional Revitalization
Reserve Fund for a time period after substantial occupancy
to be determined by Regional Council at time of project
approval;
c) THAT the RRP be implemented upon approval of the ROP
Amendment necessary to enable the Region to participate in
Community Improvement Plans (anticipated in November 2008);
and
d) THAT a copy of Joint Report #2008-J-37 be forwarded to the area
municipalities for their information and future use."
1-7 Sylvie Grenier, Manager, Affordability and Choice Today (ACT), a
Canada Mortgage and Housing Corporation funded program
delivered by the Federation of Canadian Municipalities in
collaboration with the Canadian Home Builders' Association and the
Canadian Housing and Renewal Association, advising of ACT grants
of up to $5,000 to hold workshops or training sessions with municipal
staff, industry members and other key stakeholders to facilitate
transfer of knowledge and implementation of existing regulatory
solutions that contribute to housing affordability or that increase
housing options. The application form and "About ACT Grants" are
available at www.actproqram.com. Application deadline is
November 28, 2008.
Summary of Correspondence
- 5 -
October 27, 2008
I - 8 Mary Tillcock, Run Day Organizer, The Terry Fox Run 2008 for
Cancer Research thanking Members of Council, Municipal Staff and
Clarington Tourism for their support of this year's run held on
September 14, 2008; and, advising that early results for Clarington
indicate that the 28th Anniversary of Terry's Marathon of Hope has
raised over $60,000 for cancer research through the efforts of 1000
Clarington participants.
I - 9 John R. O'Toole, MPP, Durham, advising he has referred Council's
resolution regarding the exemption of Provincial Sales Tax on goods
and services purchased by Police Services in Ontario to
Premier McGivney to help in ensuring that the resolution from Owen
Sound City Council and Clarington's support for the resolution are
brought to the attention of the Provincial Government.
I - 10 Jim Hankinson, President and CEO, Ontario Power Generation,
(OPG) forwarding OPG's semi-annual Performance Report covering
the first half of 2008, providing an update on key aspects of their
operations including electricity production, financial performance,
environmental and community initiatives and new generation
development.
I - 11 Chi Nguyen objecting to the proposed "Energy-From-Waste" facility
and urging Council to support more environmentally sustainable and
fiscally responsible alternatives.
CORRESPONDENCE FOR DIRECTION
D - 1 Mary-Anne Muizelaar, Club President, Bowmanville Toastmasters
Club, a non-profit organization devoted to helping people develop
their communication and leadership skills, advising that Bowmanv.ille
Toastmasters are celebrating 21 years of continued success on
Saturday, November 8, 2008, and requesting that the week of
November 8,2008, be proclaimed "Bowmanville Toastmasters
Week".
(Motion to Proclaim)
Summary of Correspondence
- 6 -
October 27, 2008
D - 2 Edmond Vanhaverbeke expressing concern that the provision of
bicycle and multi-purpose traffic lanes are lacking in Clarington and
that road construction or rehabilitation is being undertaken without
consideration of the inclusion of separate bike/walking lanes or
paved shoulders. Mr. Vanhaverbeke states that cycling lanes would
be a boon for tourism and would address safety concerns and hopes
that in future, Council and staff have more concern for non-
automotive traffic in view of the environment, physical fitness,
recreation and tourism aspects.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 3 J. Black, Secretary, Newcastle Business Improvement Association,
requesting investigation into additional parking space in downtown
Newcastle to benefit the foreseeable expansion of the downtown
business area.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 4 Leonard Corvers, expressing concern with the rental of the
Newtonville Community Centre, located adjacent to his property, as
renters of the Centre continue to use his property as if it were part of
the rental to park, smoke and play; expressing concern with the
issue of liability; and, requesting a fence be erected along both the
east and south sides of the Community Centre to protect privacy and
to clearly denote the property line between the Centre and his
property.
(Motion to refer correspondence to
the Director of Operations)
D - 5 John R. O'Toole, MPP, Durham, forwarding a copy of
correspondence from Kelly-Ann Maika opposing the req,uirement for
cats to be leashed in Clarington as she feels this is contradictory to
promoting a "green" Ontario by encouraging the use of pesticides
instead of permitting cats to control mice, rats and sick birds as
nature intended; advising low cat populations are directly linked to
disease in several areas of the world; and questioning the logic of
enacting a by-law just to keep gardens free of cats.
(Motion to refer correspondence to
the Municipal Clerk)
Summary of Correspondence
- 7 -
October 27, 2008
D - 6 Brad Sinclair advising that he has operated a beach volleyball league
in Clarington since 1995 and currently runs the Port of Newcastle
beach volleyball league on the Kaitlin property at the Newcastle
Marina; advising that due to future development in the area the
league may not be able to use the location in the near future; and,
requesting that the Municipality consider installing two beach
volleyball courts at the new Newcastle and District Recreation
Complex or other suitable location and provide programming in
response to the growing popularity of beach volleyball in Durham
Region and to provide community fun and enjoyment to residents.
(Motion to refer correspondence to
the Director of Community Services)
0-7 Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham, forwarding a copy of Commissioner's Report 2008-P-72
regarding the Durham Agricultural Advisory Committee, 2008 Farm
Tour.
D-8
D-9
D - 10
(Motion to refer correspondence to
the Agricultural Advisory Committee
of Clarington)
Kristin Robinson expressing disappointment that bicycle lanes have
not been included in the road construction currently underway on the
north side of Highway 2 in the vicinity of Green Road. Ms. Robinson
feels that bicycle lanes could be added whenever road construction
takes place and over time a network of connecting lanes would allow
for a safer mode of transportation for cyclists and provide an
environmentally friendly transportation network.
(Motion to refer correspondence to
the Director of Engineering Services)
Terry Downey, Executive Vice-President, Ontario Federation of
Labour, requesting November 6,2008, be proclaimed "Community
Social Service Workers Appreciation Day" in recognition of the
essential services social service workers provide in building strong
communities and making life better for families and individuals.
(Motion to Proclaim)
Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to Susan Self, Chair, Region CTC Source Protection
Committee advising that on September 22,2008, the Town of Ajax
adopted the following resolution pertaining to Comments on Draft
Proposed Terms of Reference for Drinking Water Source Protection
Plans:
Summary of Correspondence
- 8 -
October 27, 2008
"1. THAT the report entitled "Comments on Draft Proposed Terms of
Reference for Drinking Water Source Protection Plans" be
endorsed subject to the addition of specific language to be
included within the body of the report indicating that water quality
problems in the nearshore waters of Lake Ontario are also being
experienced in other lower tier municipalities within Durham
Region;
2. THAT the Ministry of the Environment be strongly urged to better
protect public health in the Town of Ajax and other Great Lakes
communities through this process by:
a) revising the Draft Proposed Terms of Reference to require
assessment of both acute and chronic public heath threats
posed by the contaminants (pathogens and chemicals) that
have been discharged into Lake Ontario (the Ajax
community's source of drinking water) from the Duffin Creek
sewage treatment plant for 30 years and which will continue
to do so through the 21 st century and beyond, including the
accumulating contaminants in nearshore waters, algal
matter, beach sand and sediments on the Lake bottom;
b) requiring the installation of more effective contaminant-
removal technologies in drinking water treatment plants,
especially the Ajax water supply plant due to its intake
pipe's proximity in Lake Ontario to the outfall pipe of the
Duffin Creek sewage treatment plant, such as the new
ozonation process being implemented by the City of
Montreal, through amendments to existing Ministry of the
Environment Certificates of Approval soon;
c) requiring identification of "legacy" contaminants from
closed, aging landfills and the recently decommissioned
Stouffville sewage treatment plant in the water and
sediments along the Duffins Creek and in the water and
lakebed sediments in the nearshore of Lake Ontario at Ajax
and assess the associate risks; and
Summary of Correspondence
- 9 -
October 27, 2008
d) funding a detailed study, with the Durham Region Health
Department, Environment Canada, Ministry of the
Environment and the Toronto Region Conservation
Authority of the public health threats posed by the bacteria
and, potentially, viruses harboured in shoreline algae and
beach sand along the Ajax waterfront, especially at Rotary
Park Beach, which the Medical Officer of Health has
permanently posted to prohibit swimming and bathing;
3. THAT the Draft Proposed Terms of Reference be revised to
require direct participation by local municipal staff and include
estimates of the costs to be incurred by local municipalities in the
development of source water protection policies, establishing
and implementing conformity amendments to local municipal
Official Plans and Zoning By-laws and implementing Source
Protection Plans, and defending against appeals of such new
policies at the Ontario Municipal Board; and
4. THAT this report be sent to the CTC Source Protection
Committee, Environment Canada, Health Canada, the Ministries
of the Environment, Energy and Public Infrastructure Renewal,
Natural Resources and Municipal Affairs, the Great Lakes and
St. Lawrence Cities Initiative, the Durham Region Medical Officer
of Health, and other municipalities within Durham Region and
the Environmental Commissioner for Ontario."
(Motion for Direction)
D - 11 Joan Paul, Secretary, Kendal Community Centre, requesting
assistance by way of a mediator to represent the Kendal Community
Centre Board in resolving an issue affecting the Board.
(Motion for Direction)
D - 12 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington,
advising Council that the Clarington Agricultural Advisory Committee
adopted the following resolution:
"WHEREAS farming is the #1 industry in Clarington; and
WHEREAS the Greenbelt and Places to Grow legislation was
designed to help protect farmland; and
WHEREAS the best farmland in southern Ontario is within sight of the
CN Tower; and
Summary of Correspondence
- 10 -
October 27, 2008
WHEREAS the most productive farmland within the "white belt" has
now been identified by the Region of Durham as the future
employment and urban residential lands to 2031 and 2056; and
WHEREAS identifying the lands would eliminate the urban separators
between Courtice and Bowmanville and Bowmanville and Newcastle
in Clarington, contrary to the Durham Region and Clarington's current
Official Plans; and
WHEREAS farmland is necessary for food security;
NOW THEREFORE BE IT RESOLVED THAT the Agricultural
Advisory Committee of Clarington is requesting Clarington Council, all
other local municipalities in Durham Region, the Durham Agricultural
Advisory Committee and the Durham Environmental Advisory
Committee to call on Regional Council to support protection of
agricultural lands within the white belt by redirecting the Grow
Durham planning initiative focus to exploration of alternate solutions
. for urban development and intensification with appropriate planning
measures to protect responsible agricultural practices (e.g. buffers
and setbacks)."
(Motion for Direction)
fEB
I - 1
Tyrone Community Centre
Memorandum
To:
From:
Cc:
Date:
Subject:
Executive Board Members
Mark Canning
Willie Woo, GoidRobinson
Oct 15th, 2008 .
Minutes - Seot 17th, 2008
Attendees:
John Scanlan, Janice SC,anlan, Patty Woodcock, Mark Canning, Enid Lyttle, Paul Rowan, Walter Loveridge,
Steve Powell, Gord Robinson
MINUTES FROM THE JUNE 18TH BOARDMEETlNG
Motion to approve minutes from the-last meeting.
Moved: Steve Powell Seconded: Enid Lyttle
CARRIED
TREASURER'S REPORT
General Account: $1316.29. New Tables/Chairs now paid. Pepsi discrepancy issue($880.00 owed) and JF
Waste billing of 79:27 to be paid .
BOOKING REPORT
Bookings are low going into the fall season. Need to tidy up the front gardens to be more appealing. Board
members volunteering to clean up on Sept 21 and 23rd. Look for volunteer(s) eg student or senior for next
season through the Herald. Renters have noticed storrn sewer(outside front) backing up. Gord will check and
may need cleaning.
BAR REPORT Enid will supply a bucket for leftovers from rental events.
YOUTH REPORT Nothing to report
SENIORS REPORT A new time change for the Friday seniors card game of 7pm was rejected
by the. seniors. Penny sales in October(l st Wed). Seniors wit'1 still contribute funds to 9 new
card tables. Walter to check with them. .
CLEANING REPORT Contractors left fuel tank left furnace oil on premises. Need to check with
town for cleanup.
. ,.
OLD BUSINESS
1. Fundraising - Discussed Haydon/Tyrone Halloween Dance. Paul to check with Shari Rowan.
Also discussed Poker Tournament on 1st Saturday in Nov. John S to check with CAW poker
"Tyrone ... catch the Spirit!"
2716 Concession Rd. 7
Tyrone, ON, Lie 3K6
www.tyroneontario.com
(905) 263-4330
~ Tyrone Community Centre
tournament and possible help. $50 entry fee, liquor license, serve yourself snack table. Nov
29th Breakfast with Santa at the hall.
2. TAA Issues Nothing to report
3. Defibrillator - John working with CAW
4. Municipality of Clarington Issues:
· Storm sewer backup, pot holes in road into hall, and how to prevent snowmobiles, cars to enter fields
and damage. Large rocks could stop this.
· Sign replacement
S.Chairs/Tables Complete. OTF requires a final report. Mark and Enid completing.
6 HALL CHARITABLE STATUS - Nancy Taylor coming to October meeting for discussion(Gord to
invite Nancy).
7. Photographs on Walls - no change. Poker Nights to raise funds. Mark to check with
Oshawa Gallery in 2009 for possible support
NEW BUSINESS
.
School reunion tree replacement
Motion to Adjourn
Moved: Paul Rowan Seconded: Mark Canning
Adjourned 8: 10 pm
"Tyrone ... catch the Spirit!"
2716 Concession Rd. 7
Tyrone, ON, L1C 3K6
www.tyroneontario.com
(905) 263-4330
1-2
SANTA CLAUS PARADE - MINUTES OF MEETING
September 8, 2008
Start Time: 7:10 p.m.
End Time: 8:10p.m.
. ,
Attendance: Roger Letooze, Kathy McLaughlin, Val McCormick,
Debbie Fernandes, Dawn Longmire, l:racy Bayley-Buckle
.:. Previous Minutes will be reviewed at next meeting
VALERIE MCCORMICK - Chairperson
· Program Meeting will be changed to Tuesday November 11, 2008 instead of
Wednesday November 12,2008 - 6:30 pm at Vals
· Website: There was thoughts of a new Website but we will be keeping our existing
Website
· Val received a Thank you note from Val Gardner for Volunteer of the Year
· Email Marie if anyone i~ owned money
· Audit has been done by Town. all is well
KATHY MCLAUGHLIN - Publicity
. Ad to Schools will be placed soon
· Costume ad will be placed for October 24th
TRACEY BAYLEY-BUCKLE - Make Up
. Nothing too much to report
. No need for new makeup this year
. No letter for Juice boxes required this year
LISA KOWAL - Volunteer Co-Ordinator
. Absent fro meeting
MARIE HAMMOND (Val spoke for Marie) - Treasurer
· If there is any monies owing to Marie, please email her
. Audit has been done and complete
SHERI CRAGO (Val spoke for Sheri) - Bands
· If anyone has any suggestions for bands this year please notify her
DAWN LONGMIRE - Buttons, Costumes
· Does not have anyone for costumes this year, if anyone knows of someone please
contact her
. We may pay them,
· Dawn will start talking with regard to buttons for this year
ROGER LETOOZE - Judging/Posters/Rogers Cable/Buttons and Button boxes
· Three judges are in place already
· Had given Rogers Cable the heads up already
· Tel Walton is in charge of buttons sales this year for Legion
· Power is ok from Town Hall
· If there are any records of Parade older than five years the Museum will take (Minutes,
financial report etc), this will be brought up at next meeting
· Comment from Local Council, no invites to Councillers to attend parad
· Button boxes with Clarington Project at moment
TERRYL TZIKAS - Secretary
. Absent
DEBBIE FERNANDES - Floats and Fillers
· Did we receive a cheque from Canada Post for $500.00. Debbie submitted a request,
check with Marie
· Debbie will be away a week near Thanksgiving, Deb to email Terryl regarding no faxes
for that week
Next Meeting: Monday September 22, 200 7:00 p.m.
Motion to adjourn:
Debbie 2nd Roger
SANTA CLAUS PARADE - MINUTES OF MEETING
October 20, 2008
Start Time: 7:20 p.m.
End Time: 8:25 p.m.
Attendance: Roger Letooze, Kathy McLaughlin, Val McCormick, Debbie Fernandes,
Dawn Longmire, Lisa Kowal, Marie Hammond
Previous Minutes from September 22, 2008 were reviewed
Passed by: Roger Seconded by: Debbie
All in favour - PASSED
Previous Minutes from October 6, 2008 were reviewed
Passed by: Roger Seconded by: Debbie
All in favour - PASSED
VALERIE MCCORMICK - Chairperson
. Val has 6 vehicles lined up for Parade Day from Roy Nicholls
. Graydon Brown will once again pull the Santa Float
. Roger to pick up battery for Santa sound system
. Walkie Talkies have been booked from the Fire Hall, Val to confirm the Wednesday
before Parade Day to have charged up
. Old Fire Hall building is confirmed by Fred Horvatt to be opened up for Makeup and
driver for our Float - Val waiting to hear back
. Doug (commentator) cannot do Parade this year. Val has asked Val Gardiner to step in
and is waiting to hear back from her. Mike will be there
. Waiting to hear back from Gord Weir
. Waiting to hear back from Ken Hockin
. Santa called he can make it this year, will drop off Police Check, will reimburse him his
money for this
.
Kraco Carpentry called will forward a donation this year
Sue S1. John is confirmed to help Debbie this year at Parade and count money at the
Legion
.
KATHY MCLAUGHLIN - Publicity
. Ad in Clarington this Week regarding Costumes on October 24, cost to be determined
TRACEY BAYLEY-BUCKLE - Make Up
. Absent from meeting
LISA KOWAL - Volunteer Co-Ordinator
. Work is in progress.
MARIE HAMMOND - Treasurer
. Two drivers are booked
. Has received eleven donations in so far at a total of $975.00
SHERI CRAGO - Bands
. Still working on bands
DAWN LONGMIRE - Buttons, Costumes
. Letters are out for Donations
· Royal Bank - Courtice has been advised that we will be arriving around 1 :30 p.m. on
Parade Day to deposit monies
· Pat Lange is not offended regarding doing costumes, also does not have time
· Val to email Sue S1. John on things required to help with on Parade Day
· Seven Pirate Costumes are in the works to be made
· Button Design was decided at meeting. Dawn to email to Kathy copy of design to put ad
in paper
ROGER LETOOZE - Judging/Posters/Rogers Cable/Buttons and Button boxes
· Clarington Project will hand out programs at beginning of parade
· Motorcycle Group - CA V would like to wear their red shirts stating "Support Out Troops"
Motion made to allow this group to wear these shirts
Passed by: Roger 2nd by: Marie
All in favour - passed
· Mel Knocker (Oshawa Legion Pipe Band) - contacted Roger, he has passed phone
number onto Sheri
· On day of Parade please ensure all Golf Carts are returned to Old Fire Hall by 12:30 p.m
TERRYL TZIKAS - Secretary
· Absent from meeting
DEBBIE FERNANDES - Floats and Fillers
· Heard from Whitby Brass Band has forwarded onto Sheri
· Has ten forms in so far
· Post Office donation is from a draw and we did not win this year
· Has not heard back from Harleys
Next Meeting: Monday November 3,2008,7:15 p.m. (I have to pick up Eric from guitar)
Motion to adjourn: Marie
Seconded by: Roger
***VILLAGE INN has been booked for our Wrap Up Meeting ***
under Bowmanville Santa Claus Parade Committee
99 King Street West
Bowmanville, ON L 1 C 1 R2
(905) 623-4799
DATE: November 27,2008
TIME: 6:30 p.m.
We have booked the private room upstairs
Cl~iJlgron
REPORT #1
REPORT TO COUNCIL MEETING OF OCTOBER 27,2008
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, OCTOBER 20,2008
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-107-08 Official Plan Review - First Phase of Public Consultation
(b) EGD-045-08 Monthly Report on Building Permit Activity for September
2008
(c) ESD-015-08 Monthly Response Report - September 2008
(d) FND-024-08 Notice of Appeal of Clarington Development Charges By-law
(e) FND-026-08 Assessed Value of Courtice Water Pollution Control Plant
(f) Confidential Verbal Report from the Solicitor Regarding a Development
Charges Appeal that is Subject to Solicitor-Client Privilege
(g) Confidential Verbal Report from the Solicitor Regarding a Assessment Matter
that is Subject to Solicitor-Client Privilege
(h) Confidential Correspondence Regarding Litigation or Potential Litigation
Affecting the Municipality
2. ZONING BY-LAW AMENDMENT TO REZONE TO PERMIT DEVELOPMENT OF
A DRAFT APPROVED MEDIUM DENSITY BLOCK IN 18T -90051
APPLICANT: WEST DIAMOND PROPERTIES LTD.
THAT Report PSD-101-08 be received;
THAT this application continue to be reviewed; and
THAT all interested parties listed in Report PSD-1 01-08 and any delegation be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Report #1
2
October 27, 2008
3. PROPOSALS FOR STREET NAME CHANGE FOR OSBOURNE ROAD,
MAPLEFIELD DRIVE AND PETTIT COURT AND THE RESERVATION
REQUEST OF HARVEY JONES, FANNING AND RICK GAY AS AVAILABLE
STREET NAMES
THAT Report PSD-104-08 be received;
THAT Staff be authorized to take appropriate actions under the Municipal Act, to
advertise in the local newspaper for, and to hold, a Public Meeting for the
Proposed Street Name Changes for Osbourne Road and Pettit Court;
THAT Council waive the Street Name Change fee for Osbourne Road and Pettit
Cou rt;
THAT the businesses and residents fronting onto the affected street be provided
notice through direct mail circulation;
THAT Mr. Lynn Wood be advised that Harvey Jones has already been reserved as
a street name for Bowmanville;
THAT Mr. Joe Kennett be advised that a street in honour of Bud Fanning does not
meet Municipal Policy for street names;
THAT Mr. Lawson Gay be advised that Rick Gay has not been approved under the
Regional Street Naming policy for use and does not meet Municipal Policy for
street names; and
THAT the Region of Durham Planning Department and all interested parties listed
in Report PSD-1 04-08 and any delegations be advised of Council's decision.
4. PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO
PERMIT A PLACE OF WORSHIP, ASSOCIATED DAY CARE FACILITIES AND
PLAYING FIELDS
APPLICANT: THE DURHAM CHURCH NETWORK
THAT Report PSD-105-08 be received;
THAT Amendment No. 64 to the Clarington Official Plan as submitted by the
Durham Church Network, to permit a Church and its associated Day Care, Parking
Areas and Playing Fields in the Rural Residential Cluster and Green Space, be
adopted as indicated in Attachment 4 to Report PSD-105-08 and that the
necessary by-law contained in Attachment 4 to Report PSD-105-08, be passed,
and further that the amendment be forwarded to the Regional Municipality of
Durham for approval;
THAT the Regional Municipality of Durham Planning Department be sent a copy of
Report PSD-1 05-08;
THAT staff be directed to meet with area residents prior to reporting to Council
regarding a rezoning for the subject property; and
Report #1
3
October 27, 2008
THAT all interested parties listed in Report PSD-1 05-08 and any delegations be
advised of Council's decision.
5. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN AMENDMENT
THAT Report PSD-106-08 be received;
THAT the Bowmanville Community Improvement Plan Amendment NO.1
(Attachment 1 to Report PSD-106-08) be approved;
THAT the necessary By-law contained in Attachment 2 to Report PSD-106-08 be
passed;
THAT the Ministry of Municipal Affairs and Housing and Region of Durham
Planning Department be forwarded a copy of Report PSD-106-08 and Council's
decision; and
THAT all interested parties listed for Report PSD-106-08 and any delegations be
advised of Council's decision.
6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 9, 2008
THAT Report PSD-108-08 be received;
THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on October 9, 2008 for application
A2008-0030 is not warranted. However, should an appeal be lodged by another
party, that Staff be authorized to appear before the Ontario Municipal Board to
defend its original recommendation; and
THAT Council concurs with the decisions of the Committee of Adjustment made
on October 9,2008 for application A2008-0031 and that Staff be authorized to
appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
7. APPOINTMENT OF INSPECTOR
THAT Report EGD-046-08 be received;
THAT David Abramczuk be appointment as Inspector for the Municipality of
Clarington effective Monday October 20, 2008 and that his name be added to
Schedule lA' of By-law 2005-145; and
THAT the appropriate by-law be approved.
Report #1
4
October 27, 2008
8. COLLABORATIVE AGREEMENT BETWEEN THE NEWCASTLE SKATING
CLUB, THE NEWCASTLE MEMORIAL ARENA BOARD AND THE
MUNICIPALITY OF CLARINGTON
THAT Report OPD-008-08 be received;
THAT Council authorize the Mayor and Clerk to execute the collaborative
Agreement; and
THAT the Newcastle Skating Club, Newcastle Memorial Arena Board and the
Ontario Trillium Foundation be advised of Council's action.
9. CLARINGTON KIDS INC. COURTICE COMMUNITY COMPLEX LEASE SPACE
THAT Report COD-061-08 be received;
THAT the Manager of Purchasing be authorized to proceed with an amended
lease agreement with Clarington Kids Inc., for the lease of space in the Courtice
Community Complex for the term of September 15, 2008 to September 14, 2013;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a
form satisfactory to the Municipal Solicitor; and
THAT the By-law marked Schedule "A" attached to Report COD-061-08,
authorizing the Mayor and Clerk to execute the proposed Lease Agreement with
the Clarington Kids Inc., be approved.
10. BROADBAND EXPANSION OPPORTUNITY - PROVINCIAL PROGRAM
THAT Report COD-062-08 be received;
THAT the Municipality of Clarington undertake an Expression of Interest (EOI)
process to determine the interest of service providers in the expansion of
broadband coverage in the Municipality;
THAT staff report to Council on the results of the EOI for information with respect
to private sector interest, projected cost and funding alternatives;
THAT pending a satisfactory response to the EOI, the Municipality coordinate with
the Regional Municipality of Durham on the submission of a grant application to
the Province of Ontario for funding of up to one third (1/3) of the of the project cost;
THAT staff investigate cost sharing arrangements with private sector service
providers as part of the EOI process; and
THAT staff work with the Regional Municipality of Durham to develop a cost
sharing arrangement for the balance of costs not covered by the Provincial Grant
and/or private sector service providers.
Report #1
5
October 27, 2008
11. RFP2008-5 - PROVISION OF EMPLOYEE GROUP BENEFITS
THAT Report COD-064-08 be received;
THAT the presentation provided by Buffett Taylor Employee Consulting be
received;
THAT Great West Life Assurance Company be awarded the contract for the
provision of Employee and Dependent Life, Long Term Disability, Health and
Dental coverage for a minimum four year term with a review at the conclusion for a
possible renewal of a further term pending satisfactory service and acceptable
terms;
THAT Chubb Insurance Company of Canada be awarded the contract for the
provision of Accidental Death and Dismemberment coverage for a minimum four
year term with a review at the conclusion for a possible renewal of a further term
pending satisfactory service and acceptable terms;
THAT staff be authorized to proceed with negotiations of a final agreement with
Great West Life Assurance Company and Chubb Insurance Company on behalf of
the Municipality;
THAT the By-laws marked Schedule "A" and "B" attached to Report COD-064-08,
authorizing the Mayor and Clerk to execute agreements with the Great West Life
Assurance Company and Chubb Insurance Company of Canada, be approved;
and
THAT the Director of Corporate Services be authorized to approve administrative
policies/agreements as required.
12. CL2007 -52, SUPPLY AND DELIVERY OF OILS AND LUBRICANTS
THAT Report COD-065-08 be received; and
THAT the Contract for the Supply and Delivery of Oils and Lubricants be
re-tendered.
13. PRESENTATION.- SHEILA HALL, CLARINGTON BOARD OF TRADE,
REGARDING ECONOMIC DEVELOPMENT UPDATE
THAT the presentation from Sheila Hall, Clarington Board of Trade be received
with thanks.
14. CORRESPONDENCE FROM OTTO PROVENZANO REGARDING SENIOR
SNOW CLEARING PROGRAM
THAT the correspondence from Mr. Otto Provenzano be referred to the Director of
Operations.
Report #1
6
October 27, 2008
15. DELEGATION - RICHARD WARD - REGARDING TAXES
THAT the delegation of Mr. Richard Ward be received with thanks.
16. CONFIDENTIAL REPORT REGARDING A PERSONAL MATTER ABOUT AN
IDENTIFIABLE INDIVIDUAL
THAT Report FND-025-08 be received; and
THAT the Director of Finance/Treasurer be authorized to proceed with a Phase II
Environmental Site Assessment at an estimated cost of $21 ,500 to be undertaken
by the MMM Group Ltd.
17. APPOINTMENT TO FILL A VACANCY ON THE ACCESSIBILITY ADVISORY
COMMITTEE
THAT Elaine Simpson be appointed to fill the vacancy on the Accessibility
Advisory Committee.
18. APPOINTMENT TO FILL A VACANCY ON THE NEWCASTLE MEMORIAL
ARENA BOARD
THAT Jo-Anne Raymond be appointed to fill the vacancy on Newcastle Memorial
Arena Board.
UNFINISHED BUSINESS
ClYlmgtDn
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, October 27,2008
Addendum to
Report #: PSD-099-08
File #: ZBA 2008-0004
By-law #:
Subject:
ADDENDUM TO REPORT PSD-099-08
MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING BY-LAW
84-63 REGARDING RECREATIONAL VEHICLE PARKING AND ACCESSORY
BUILDINGS AND STRUCTURES
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-099-08 and Addendum to PSD-099-08 be received;
2. THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, be APPROVED and that the By-law as contained in Attachment 4 to PSD-099-08 be
PASSED;
3. THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction Areas continue
to be reviewed and an additional public meeting be scheduled;
4. THAT the Planning Services Department examine whether any changes are required to the
Official Plan with respect to commercial recreational vehicle storage area uses outside of
Industrial Areas in the Municipality of Clarington and report back within four weeks; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
u~~~
D vid rome, M.C.I.P., R.P.P.
Director of Planning Services
Franklin Wu,
Chief Administrative Officer
TW/CP/sh/df
October 21, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
ADDENDUM TO REPORT NO.: PSD-099-08
PAGE 2
1.0 PURPOSE
1.1 On October 14, 2008 Council tabled Report PSD-099-08 through Resolution C-491-
08. Discussions during the review of the report focused on the following:
. Nature of the complaints concerning recreational vehicles on private residential
properties that led to the proposed by-law.
. How the proposed by-law would address this problem given legal non-
conforming use provisions.
The purpose of this Addendum Report is to provide additional information on the
above noted topics.
2.0 THE PROBLEM
2.1 The nature of the complaints received by Municipal Law Enforcement Services in
regards to recreational vehicles are summarized as follows:
. Their appearance detracts from the neighbourhood and affects property value
. Large vehicles overhang the sidewalk creating an obstruction for pedestrians
. Larger vehicles obstruct vision exiting a driveway creating safety issues
. Trailers occupy parking spaces forcing cars to park on the road
. Large Recreational Vehicles block the view down the street from neighbouring
windows
The proposed by-law is intended to address some of these issues with specific
attention to larger recreational vehicles.
3.0 LEGAL NON-CONFORMING USE
3.1 Legal Non-Confirming Use Status applies to the property
The effectiveness of the proposed Zoning By-law amendment has been questioned
due to the requirements for legal non-conforming uses, commonly referred to as
'grandfathering'. A legal non-conforming use is a continued and uninterrupted use
which does not meet the regulations contained in the Zoning By-IClw but lawfullv
existed on the day that the By-law was passed.
Section 34 (9)(a) of the Planning Act prohibits municipalities from passing by-laws that
would prevent the use of any land, building or structure if it was lawfully used for such
a purpose on the day the of the passing of the by-law, as long as that use continues.
In accordance with the Planning Act, Zoning By-law 84-63 contains a General
Provision which states the following:
ADDENDUM TO REPORT NO.: PSD-099-08
PAGE 3
"3. 7 a) Legally Non-Conforming Buildings Or Uses
The provisions of this By-law shall not apply to prevent the use of any
lot, building or structure for any purpose prohibited by this By-law if
such lot, building or structure was lawfully used for such purpose on
the date of passing of this By-law, so long as it continues to be used
for that purpose."
Due to the above regulations for legal non-conforming uses, the proposed By-law
Amendment will not apply to those properties where it can be demonstrated that the
lands had been used to park a recreational vehicle or trailer prior to the passing of the
by-law so long as it complies with the Property Standards, Road Occupancy and
Municipal Traffic By-laws.
3.2 Over Time those Properties with Legal Non-Conforming Status will disappear
Legal non-conforming status is maintained by the continuous use of the property for
that specific use without interruption. In many situations, this legal non-conforming
status would be relatively stable and would take some time before the use is
extinguished. For example, when a residential property is rezoned "Commercial", the
owners of the house may continue to use it as a residence and in turn sell it to others,
who can enjoy the legal non-conforming use.
The proposed by-law for recreational vehicles focuses on eliminating the larger
recreational vehicles (greater than 5.5 m in length and taller than 2.4 m in height) from
driveways in urban residential zones. In the case of larger recreation vehicles, it is
anticipated that in most cases the legal non-conforming status will be extinguished
relatively quickly. As people move through their life cycle, they will have different
recreational desires and thus, when the larger recreational vehicle is no longer used,
the legal non:-conforming status will be lost. In the case when a property is sold, the
new owner would have to immediately occupy the property with a larger recreational
vehicle to continue the legal non-conforming status.
The following situations are examples of how the new zoning provisions would apply:
Situation Applicability of
Legal Non-Conforming Status
At the present time, there is a smaller The property has no legal non-conforming
recreational vehicle (such as a tent trailer or status at the date of the passing of the by-
skidoo trailer) and the owner wants to buy a law.
larger trailer or RV.
There is a larger recreational vehicle and the Legal non-conforming status is extinguished
owner sells it to a new owner who does not when the new owner takes possession of the
have a larger recreational vehicle. property.
The owner decides to store a larger Legal non-conforming status is extinguished
recreational vehicle at a commercial storage when the larger recreational is moved off site.
site.
ADDENDUM TO REPORT NO.: PSD-099-08
PAGE 4
Situation Applicability of
Legal Non-Conforming Status
The owners of a house trailer or RV take a six The legal non-conforming status is not
month holiday or the owners of a larger boat extinguished as a result of using the vehicle
is moored in the water for the summer. for recreational purposes off-site since the
intent for seasonal storage is maintained.
The owners sell their larger recreational Legal non-conforming status is extinguished
vehicle. A year later, they decide to purchase when the larger recreational is sold and
another larger recreational vehicle. moved off site.
The larger recreation vehicle has been stored The property does not have legal non-
on site but due to its length, it extends out conforming status at the date of the passing
over the sidewalk or onto the road allowance. of the by-law since it cannot be stored within
the parking space and contravenes other
municipal by-laws.
4.0 ALTERNATIVE REMEDIES
As noted previously, some of the instances that staff reviewed are not simply a matter
of zoning. Even if an owner attempts to claim a legal non-conforming status, they
must also comply to other by-laws that the Municipality already has in place. Some of
the larger recreational vehicles extend into the road allowance and possibly over a
sidewalk. These do not comply with the Municipal Traffic By-law or the Road
Occupancy By-law.
Additionally, there may be some instances where recreational vehicles are not
maintained or properly licensed and would not comply with the Property Standards By-
law.
Municipal Law Enforcement will continue to enforce the Municipal Traffic By-law, Road
Occupancy By-law and Property Standards By-law on all situations.
5.0 CONCLUSION
5.1 While there are instances where the current concerns cannot be addressed because
the owner(s) will enjoy legal non-conforming status after the proposed by-law is
passed, over time these rights will be extinguished by virtue of non-continuous
occupation of the lands by a larger recreation vehicle. Furthermore, the by-law would
prevent an increase of the problem for other lands throughout the Municipality. This
report is provided for additional information for Council's consideration of Report PSD-
099-08.
Attachments:
Attachment 1 - PSD-099-08
Cl!1[Jllgton
Attachment No. 1 to
Addendum to Report PSD-099-08
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, October 6,2008
Report #: PSD-099-08
File #: ZBA 2008-0004
By-law #:
Subject:
MUNICIPALITY OF CLARINGTON GENERAL AMENDMENT TO ZONING
BY-LAW 84-63 REGARDING RECREATIONAL VEHICLE PARKING AND
ACCESSORY BUILDINGS AND STRUCTURES
RECOMMENDATIONS: .
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-099-08 be received;
2. THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, be APPROVED and that the by-law as contained in Attachment 4 be
PASSED;
3. THAT the proposed changes to By-law 84-63 in regards to Aggregate Extraction Areas
continue to be reviewed and an additional public meeting be scheduled; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bye) ~ksk
FranklinWu,
Chief Administrative Officer
TW/CP/df/av
1 October 2008
CORPORA TION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-099-08
PAGE 2
1.0 BACKGROUND
1.1 On September 24, 2007, Council adopted a Resolution #C-488-07 directing staff to
proceed with a Zoning By-law amendment allowing recreation vehicles to be parked
within a garage; restrict the size and number of the recreational vehicles parked and/or
stored on a residential property; and to provide limited timeframes for vehicles that are
larger than a proposed size to be parked on a residential property.
1.2 The direction to regulate recreational vehicles was a result of resident complaints
regarding the parking of recreational vehicles on private residential properties. Through
the Clerk's Department investigation, it was determined that the most effective way to
regulate recreational vehicle parking was by amending the Zoning By-law.
1.3 In addition to providing regulations for recreational vehicles and trailers, this amendment
proposes a number of other changes to the Zoning By-law as follows:
· Modifications to regulations for Accessory Buildings and Structures and Uses based
on current trends in minor variance. applications and changes brought forward by
other local municipalities.
· A modification to the definition of cartage or transport depot is also contemplated.
1.4 The proposed by-law contains the following key changes from the draft by-law
presented in June.
Recreational Vehicles:
· The timeframe for parking of larger recreational vehicles in the driveway has been
increased from 72 to 120 hours (3 to 5 days).
· The number of recreational vehicles permitted to be stored in rural areas has been
increased from 2 to 3.
· A definition for "commercial" recreational vehicle storage has been added for future
use in considering applications.
Accessory DwellinQs:
· The maximum floor area for accessory dwellings permitted in the rural area has
been increased to 120 square metres for lots larger than 2 ha (5 acres).
· Shipping/cargo containers have been defined in a manner to prevent them from
being used as accessory structures.
2.0 PUBLIC SUBMISSIONS
2.1 Staff hosted a public information centre on June 12, 2008 to get feedback on the
proposed Zoning By-law Amendment. The primary concerns noted by the public with
the proposed modifications were:
· Ensuring that existing trailers and recreational vehicles would be allowed to continue
to be parked and stored on a property through grandfathering.
REPORT NO.: PSD-099-08
PAGE 3
· That 72 hours in anyone month was not long enough to park oversized recreational
vehicles on residential properties to prepare for and return from a trip.
· A suggestion was provided to allow for storage behind the front wall of a dwelling.
This would permit storage of recreational vehicles on larger lots and corner lots in
urban residential areas.
· It was suggested that a maximum of three recreational vehicles or trailers be
permitted to be parked or stored in the open in a rural residential or agricultural
zone.
2.2 A statutory public meeting was held on June 16, 2008. Two residents appeared
regarding the draft proposal.
One resident discussed the costs associated with legalizing outdoor storage facilities.
The other resident was in favour of the proposal.
2.3 Numerous general inquiries were received from the public. One gentleman indicated
that he was happy with the proposed regulations for parking recreational vehicles in a
driveway as his neighbour's motor home extends over the boulevard. Another
gentleman suggested larger recreational vehicles and trailers be permitted in a driveway
for one week per month rather than the proposed 72 hours.
Many recreational vehicle owners called with concerns about being able to continue to
park or store the vehicles on their property if a by-law is passed restricting them from
doing so. These individuals were advised that if a by-law is passed and they can prove
that they had used there property to park and/or store a recreational vehicle or trailer
prior to the passing of the by-law then they will be able to continue the legal non-
conforming use, provided that it complies with all other existing municipal by-laws.
A resident had called with concerns about a neighbour who parks and repairs his
snowmobiles and ATVs on his front yard. Although there are no provisions in the
Zoning By-law to prevent such use, the resident was advised to contact By-law
Enforcement as the neighbour may be in contravention with the Property Standards By-
law.
2.4 A written submission was received in regards to a commercial storage facility for boats
and recreational vehicles. The property owner outlined his displeasure with the planning
process and associated fees involved in legitimizing his business. The property in
question is not located in an appropriate Official Plan designation or Zone category to
permit the outdoor storage use. There were also discussions on this topic during the
General Purpose and Administrative Committee meeting. This topic will be discussed
further in Section 4.
3.0 AGENCY COMMENTS
3.1 The proposed Zoning By-law Amendment was circulated to relevant agencies for
comment. All comments provided by the Central Lake Ontario Conservation Authority,
Ganaraska Region Conservation Authority, Region of Durham Planning Department,
REPORT NO.: PSD-099-08
PAGE 4
Clarington By-law Enforcement Division and Clarington Building Division were
addressed through adjustments to the proposed modifications.
3.2 The Clarington Engineering Services Department did not initially endorse the
construction of an accessory building or structure with a setback of less than 1.2
metres. They were concerned that the reduced setback would cause difficulties for
maintenance and would lead to modification of grading and drainage.
Planning and Engineering Services staff discussed this concern and have concluded
that the proposed 0.6 metre setback is appropriate. It was determined that the Site
Alteration By-law (2008-114) requires property owners to maintain the grading and
drainage on their property in a manner that will not negatively affect adjoining
properties.
Planning Staff have agreed that all building permits for accessory buildings and
structures will be stamped to advise property owners of their responsibility to maintain
the grading and/or drainage of their property in accordance with the Site Alteration By-
law. Staff will also inform the public when they inquire about the regulations for
construction of accessory buildings and structures which may not require a building
permit.
4.0 STAFF COMMENTS
4.1 Trailer and Recreational Vehicle Parkinq in Residential Zones
4.1.1 Through the public consultation process it was suggested that residents be permitted
to park a recreational vehicle behind the front wall of a dwelling in urban residential
zones. The proposal permits parking in both the side and rear yards provided the
trailer or recreational vehicle does not exceed 6 metres in length or 2.9 metres in
height. Typically the side yard begins at the front wall of the dwelling. There is no
restriction on the size of trailers or recreational vehicle in rural areas.
4.1.2 During the review of the application at the General Purpose and Administration
Committee meeting on June 16th, it was asked if the proposal would apply to
commercial trailers. The definition of "Trailer" currently contained in Zoning By-law
84-63 is:
"Shall mean any vehicle that is designed to be drawn upon a highway by a motor
vehicle, except an implement of husbandry, another motor vehicle or any device or
apparatus not designed to transport persons or property temporarily drawn, propelled
or moved upon such highway. A trailer shall be considered a vehicle and not part of
the motor vehicle by which it is drawn, and, for the purposes of this By-law does not
include a mobile home as defined herein."
In accordance with this definition the proposed regulations would apply to commercial
trailers. However, the restriction on parking in the driveway would only apply if it is
longer than 5.5 metres or higher than 2.4 metres.
REPORT NO.: PSD-099-08
PAGE 5
4.1.3 Through the public consultation process, some recreational vehicle owners questioned
why the Municipality was proposing to regulate parking and storage of their vehicles.
The issue has been a source of resident's complaints. As a result, Council directed the
Planning Services Department to formulate regulations to deal with recreational
vehicles on residential properties. The Zoning By-law Amendment found in
Attachment 4 tries to address the issues identified.
By-law Enforcement Services has indicated that they receive 12 to 15 complaints on
average during the summer months from residents concerned with the size and
location of recreational vehicles parked on neighbouring properties. The volume of
these complaints is greater than the number of concerns received regarding the
proposed regulations. Most recreational vehicle owners were satisfied with the
proposal once they were aware that they could continue to park existing trailers as a
legal non-conforming use, largely referred to by the public as 'grandfathering'.
4.1.4 It was also requested that the timeframe be increased for parking larger recreational
vehicles on driveways in urban residential areas. The recommended by-law has been
increased from 72 to 120 hours (3 to 5 days).
4.1.5 The number of recreational vehicles permitted to be stored in the open in rural areas
have been increased from two to three, based on public and Council's comments.
4.2 Commercial StoraQe of Recreational Vehicles and Boats
4.2.1 Although not a part of the proposed GenerClI Amendment, the topic of Commercial
Storage of Recreational Vehicles and Boats was raised through submissions,
delegations and subsequent discussions of the application at the June 16th General
Purpose and Administrative Committee meeting. Concern has been raised that there
may be nowhere for residents to store larger trailers and recreational vehicles.
It should be noted that there are six commercial storage facilities located in Clarington
that have gone through the planning process to obtain the necessary approvals.
These facilities are typically located in our General Industrial Areas and offer storage
for recreational vehicles and trailers.
4.2.2 The By-law Enforcement Division had been in contact with a number of outdoor
storage facilities advising them that their properties must be brought into compliance
with the Zoning By-law. In addition to the facilities already contacted by By-law
Enforcement, Planning Staff have examined aerial photographs and determined that
there are at least a dozen such facilities in operation without the appropriate
approvals. To date, the Planning Services Department has held three pre-consultation
meetings with owners of these facilities, only one of the three owners suggested they
plan to legalize their use.
In order to permit the commercial outdoor storage use, all locations currently identified
would require an Official Plan amendment, Rezoning and Site Plan approvals; some
would also require amendment to the Region of Durham Official Plan. Two locations
could not be recommended by Planning Staff as they are on lands designated Prime
Agricultural. Commercial uses unrelated to agriculture are not permitted in prime
REPORT NO.: PSD-099-08
PAGE 6
agricultural areas in accordance with the Provincial Policy Statement and Greenbelt
Plan.
4.2.3 It has been indicated by owners of the non-compliant storage facilities that the costs
involved in establishing the use are too great. However, the process to amend the
Official Plan and Zoning By-law, and in some cases the Region of Durham Official
Plan is required. It is the cost of the Official Plan amendments that are particularly
expensive.
4.2.4 The consideration of each proposed storage facility would be different, based on the
existing Official Plan framework. The existing non-compliant uses are located. in:
. Prime Agricultural Areas
· Green Space and General Agricultural Areas
· Urban Residential Areas
· Various Industrial Areas
There would be different considerations for commercial recreation vehicle storage
areas in each of these designations. Staff have had some preliminary discussions
with the Region of Durham planning staff on this matter.
If Council wants to undertake changes to the Regional and Clarington Official Plan to
enable individual rezoning applications subject to specific criteria, we require further
discussion with Regional staff. It should be clear, however, that any uses in the Prime
Agricultural Areas would not be recommended and most of these lands are governed
by the Provincial Greenbelt Plan, which does not permit this use.
4.3 AQQreQate Extraction Areas
Following the public meeting, additional properties came to Staffs attention than had
surrendered aggregate extraction licence that no longer had the Aggregate Extraction
Area Official Plan designation. The properties were not previously identified in the
notice for the public meeting, an additional public meeting is required. Staff will
continue to process this aspect of the General Amendment.
4.4 Accessorv BuildinQs, Structures and Uses
4.4.1 The draft by-law proposed moving from regulating the size of accessory structures in
relation to the size of the house; instead it would be regulated on the basis of 10% of
the lot area for residential use up to a maximum cap.
4.4.2 During the review of the Public Meeting Report at the General Purpose and
Administration Committee meeting, concern was raised that the proposed 90 square
metre floor area maximum for accessory buildings and structures in rural residential or
agricultural zones would not be adequate.
4.4.3 Although the proposed cap on the total accessory building floor area was consistent
with the Oak Ridges Moraine Zoning By-law 2005-109, staff has considered an
increase. In order to ensure that buildings and structures maintain an 'accessory'
character in relation to a residential dwelling and lot, Staff now propose a cap of 120
square metres for rural residential or agricultural zones for lots with a minimum area of
2 hectares (4.94 acres). This regulation will apply to buildings and structures
REPORT NO.: PSD-099-08
PAGE 7
accessory to a residential use only. Agricultural buildings continue to be regulated by
the relevant agricultural zone category provisions.
4.4.4 The previous proposal included a regulation to prevent the use of a "trailer or portable
buildings" to be used as an accessory building. The By-law Enforcement Division
suggested using the term "Shipping/Cargo Container". This terminology better reflects
the concern some residents have expressed to municipal staff.
5.0 CONCLUSIONS
5.1 In consideration of the comments contained in this report, Staff respectfully
recommends that the proposed Zoning By-law amendment contained in Attachment 4
be passed by Council and that staff continue to process the amendment in regards to
Aggregate Extraction Areas.
Attachments:
Attachment 1: Proposed Modifications dealing with recreational vehicles and trailers
Attachment 2: Proposed Modifications dealing with accessory buildings and structures
Attachment 3: Proposed Modification to cartage or transport depot definition
Attachment 4: Zoning By-law Amendment
REPORT NO.: PSD-099-08
PAGE 8
List of Interested Parties to be notified of Council's decision:
Tim and Sandra Kerns
T. Moyer
Stephen Uriadka
Steve Burt
Bill Rapanos
Linda VanGestel
Everette DeHart
Brian Cullen & Robin Brown
Dave McCargar
Steve Bobas
Mike Bilsky
Anna Uriadka
Durga Persaud
David Wallace Sarber
Mike and Melissa Girard
Shawn Deegan
Leslie Ellen Hung
Alice McKeen
Adam James Stephenson
Bryan Potter
Tom McKee
Steven Hogg
. Mr. Bergsma
James Darrach
Gerald Bihun
Maurice Wicks
Ellen Cowan
Gord and Bev Cory
David and Terry Barber
Marie McRae
Lisa Robinson
Jim Vinson
Jean and EI Ward
Hugh Neill
Libby Racansky
Kerry Meydam
Elain Dillon
Dan Walker
Ron Smith
Elspeth Theriault
Geraldine Carmelo
Ray Jacula
Scott Bolger
Clayton Read
Edgar Robert Allen
Attachment 1
To Report PSD-099-08
PROPOSED MODIFICATIONS DEALING WITH RECREATIONAL VEHICLES
AND TRAILERS
Section 2 Definitions
Add or modify the following definitions
DRIVEWAY
Shall mean the portion of a lot extending to the streetline, designed to provide motor
vehicle access from the lot to the traveled portion of the street, private road or lane.
RECREATIONAL VEHICLE
A motorized or non-motorized vehicle that is used predominantly for recreational
purposes, including, but not limited to, mobile recreational trailers, snowmobiles, boats,
personal watercraft and all-terrain vehicles.
RECREATIONAL VEHICLE STORAGE
A commercial establishment for the storage of licensed recreational vehicles and their
trailers.
RESIDENTIAL ZONE
Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone,
Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the
term includes Special Exception Zones to any of these zones provided in the af-oresaid By law
84-63.
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet
(RH) Zone, Residential Mobile Home (RM) Zone, Residential Shoreline (RS) Zone, Urban
Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban
Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and
the term includes Special Exception Zones to any of these zones provided in the
aforesaid By-law 84-63.
RURAL RESIDENTIAL ZONE
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone, Residential Hamlet
(RH) Zone, Residential Mobile Home (RM) and Residential Shoreline (RS) Zone, and the
term includes Special Exception Zones to any of these zones provided in the aforesaid
By-law 84-63.
URBAN RESIDENTIAL ZONE
Shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2)
Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4)
Zone and the term includes Special Exception Zones to any of these zones provided in
the aforesaid By-law 84-63.
3.16
m. RECREATIONAL VEHICLE AND TRAILER PARKING AND STORAGE IN
RESIDENTIAL ZONES
The following regulations apply to parking of recreational vehicles and trailers:
i) Driveway
a) A recreational vehicle or trailer, and any load thereon, not exceeding
5.5 metres in length or 2;4 metres in height may be parked on a
driveway in an urban residential zone.
b) A recreational vehicle or trailer, and any load thereon, exceeding 5.5
metres in length or 2.4 metres in height may be parked on a driveway
in an urban residential zone for a period not exceeding 120 hours in
one calendar month with a minimum setback of 0.5 metres from the
street line.
c) A recreational vehicle or trailer, and any load thereon, may be parked
on a driveway in a rural residential zone and Agricultural (A) Zone.
ii) Storage
Storage or parking of trailers or recreational vehicles shall be permitted
within a garage, carport or other permitted accessory structure.
Hi) Location
a) The parking or storage of a recreational vehicle or trailer, and any load
thereon, not exceeding 6 metres in length or 2.9 metres in height shall
be permitted in any side yard or rear yard in an urban residential zone,
subject to the provisions of Section 3.1.
b) The parking or storage of a maximum of three (3) recreational vehicles
or trailers, and any load thereon, shall be permitted in any side yard or
rear yard in a rural residential zone and Agricultural (A) Zone, or any
exception zone thereto, subject to the provisions of Section 3.1.
iv) Number
a) The owner may not store or park in the open more than one recreational
vehicle or trailer, and any load thereon, on a lot in an urban residential
zone.
b) The owner may not store or park in the open more than three (3)
recreational vehicles or trailers, and any load thereon, on a lot in a rural
residential zone and Agricultural (A) Zone, or any exception zone
thereto.
3.22 SIGHT VISIBILITY TRIANGLES
On a corner lot, within the triangle space formed by the street lines and a line drawn
from a point in one street line to a point in the other street line, each such point being
7.5 metres measured along the street line from the point of intersection of the street
lines, no motor vehicle, as defined in the Highway Traffic Act, as amended,
recreational vehicle or trailer, and any load thereon, shall be parked or stored, no
building or structure which would obstruct the vision of drivers of motor vehicles shall be
erected, and, no land shall be used for the purposes of growing shrubs or trees in
excess of 0.75 metres in height.
Attachment 2
To Report PSD-099-08
PROPOSED MODIFICATION DEALING WITH ACCESSORY BUILDINGS AND
STRUCTURES
Section 2 Definitions
Add the following definition
GARAGE
Shall mean a building, structure or part thereof, including a carport, designed and/or
used for the parking of motor vehicles having adequate access to a driveway, and
where household equipment incidental to the residential use may be stored.
SHIPPING/CARGO CONTAINER
Shall mean a prefabricated metal container or box specifically constructed for the
transport of goods by rail, ship or transport truck.
3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES
a. PERMITTED USES
Where this By-law provides that a lot may be used or a building or structure may be
erected or used for a purpose, that purpose shall include any accessory building or
structure or accessory use, but shall not include the following:
i) any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is specifically
permitted in accordance with this By-law; or
ii) any building used for human habitation except as is specifically permitted
in accordance with this By-law; or
iii) a maximum of three (3) coin-operated pinball or video machines or other
electronically or mechanically coin-operated entertainment machines as
accessory uses within a Commercial zone.
b. RELATION TO STREET
A permitted accessory building or structure may be located between the principal
or main building on the lot and the streeUine, provided such accessory building or
structure complies with the yard and setback requirements of the Zone in which
such building or structure is located.
c. RELATION TO PRINCIPLE OR MAIN BUILDING - DELETED
C.€h LOT COVERAGE
The total lot coverage of all accessory buildings and structures, except swimming
pools, shall not exceed: forty percent of the m3in building total floor 3re3, or 40
percent of the prescribed minimum floor area for a residential d'Nolling
within the :lpplicable zone, 'I.'hichever is greater, nor, shall the height of any
accessory building or structure exceed 5.0 metres
i) Ten percent of the total lot area in a residential or agricultural zone.
ii) Fifty percent of the ground floor area of the principal building in a
commercial or industrial zone.
iH) Ten percent of the lot area for Public Uses.
d. FLOOR AREA
The total floor area for accessory buildings and structures shall not
exceed:
i) 120 m2 accessory to a dwelling in a rural residential or agricultural
zone with a minimum lot area of 2 hectares.
ii) 90 m2 accessory to a dwelling in a rural residential or agricultural
zone for lots less than 2 hectares in area.
iii) 60 m2 in all other zones.
e. HEIGHT
The total height for accessory buildings and structures shall not exceed:
i) 3 metres for buildings or structures with a floor area less than 10m2;
ii) 4 metres in an urban residential zone; and
jii) 4.5 metres in any other zone.
f. ACCESSORY BUILDINGS FOR SCHOOL BUSES OR COMMERCIJ'.L MOTOR
VEHICLES
In the case of an accessory building being used for the parking or storage
of school buses or commercial motor vehicles on a non farm related residential
lot in an agricultural zone, the maximum height of such accessory building shall
be 5 metres and the total floor area for all accessory buildings shall not exceed
150 square metres.
f.e:- BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES
Notwithstanding any other provision of this By-law to the contrary, a boat house,
pump house or docking facilities may be erected and used in the required yard of
a lot abutting a navigable waterway, provided, such accessory buildings or
structures comply with all other side yard requirements of the respective zone.
g.t INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE YARD
REQUIREMENTS
Where an accessory building or structure is located in an interior side or rear
yard it shall not be closer to the interior side lot line or the rear lot line than ~
metres 0.6 metres in an urban residential zone and 1.2 metres in all other
zones to the interior side lot line or rear lot line. An accessory building or
structure, other than a detached garage, located in an exterior side yard
shall not be closer than 1.2 metres to the exterior side lot line in an urban
residential zone. A detached garage shall comply with the zone minimums
for permitted residential uses but in no case shall be located less than 6.0
metres from a streetline.
h.~ GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the contrary, in
an industrial zone, a gate house shall be permitted in a required front or side yard
or in the area between the street line and the required setback, but in no instance
shall such gate house be located closer than 1.25 metres to the street line or in a
sight triangle.
i.th MOTOR VEHICLE FUEL BAR SHELTER
Notwithstanding the yard and setback provisions of this By-law to the contrary, in
the service station commercial zone, a fuel bar shelter shall have a total floor
area of not more than 9 square metres.
j.i-: YARD REQUIREMENTS
Notwithstanding the yard and setback provisions of this By-law to the contrary,
every part of any yard to be provided in all zones shall be open and unobstructed
by any structure from the ground to the sky, except for the following:
i) sills, belt courses, cornices, chimney breasts. bay windows. cantilevered
floor areas, pilasters or parapets may project into any yard to a distance of
not more than 0.75 metres;
ii) eaves or gutters, for other than an accessory building or structure. may
project into any required yard a distance of not more than 0.75 metres;
iii) eaves or gutters for an accessory building or structure may project
into any required yard 0.3 metre;
iv) ilif balconies, canopies, unenclosed porches, steps, ef patios, or decks
may project into any required front, side, or rear yard to a distance of not
more than 1.5 metres, but in no instance shall a required side yard be
reduced to below 1.2 metres.
v) W) fire escapes may project into any required side or rear yard to a
distance of, not more than, 1.5 metres;
vi) v) fences, freestanding walls, flag poles, clothes poles, diving boards,
antennae, light standards, and similar accessory structures and
appurtenances, and hedges, trees, and shrubs are permitted, but in the
case of a residential interior lot line situated in any residential zone, no
structure, hedge or obstruction that is more than 0.75 metres in height is
permitted within 3 metres of any street line where such structure, hedge or
obstruction will impede vision between a height of 0.75 metres and 2.5
metres above the centreline grade of an access from any improved public
street to any lot.
k. EXCLUDED USES
No shipping/cargo container shall be used as an accessory
structure.
Attachment 3
To Report PSD-099-08
PROPOSED MODIFICATION TO CARTAGE OR TRANSPORT DEPOT DEFINITION
CARTAGE OR TRANSPORT DEPOT
Shall mean 3 building, structure or pbce I....here trucks or tr3ctor trailers 3ro rented, leased,
kept for hire, or stored or parking for remuner3tion, or from which. trucks or transports, stored
or p3rked on the property, 3re disp3tched for hire 3S common carriers.
TPJ\NSPORT OR CARTAGE DEPOT
Shall me3n a building or structure or lot where tr3nsport vehicles 3re kept for hire, rented or
leased, or stored or parked for remuner3tion, or from which transport vehicles are dispatched
f-or hire as common carriers 3nd m3Y include 3 'N3rehouse, but sh311 not include 3ny other use
or activity othe/"\vise defined or classified in this By law. .
CARTAGE OR TRANSPORT DEPOT
Shall mean a building or structure and lot where transport vehicles are kept for hire, rented or
leased, or stored or parked for remuneration, or from which transport vehicles are dispatched
for hire as common carriers and may include a warehouse, but shall not include any other use
or activity otherwise defined or classified in this By-law.
I UU;;n,11I1 'C:;;:11l &f
To Report PSD-099-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
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 ZBA2008-0004:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By-law 84-63, as amended, is hereby further amended as follows:
a) By adding to Section 2, thereof, the following new definitions in
alphabetical order as follows:
"DRIVEWAY
Shall mean the portion of a lot extending to the streetline, designed to
provide motor vehicle access from the lot to the traveled portion of the
street, private road or lane.
GARAGE
Shall mean a building, structure or part thereof, including a carport,
designed and/or used for the parking of motor vehicles having adequate
access to a driveway, and where household equipment incidental to the.
residential use may be stored.
RECREATIONAL VEHICLE
A motorized or non-motorized vehicle that is used predominantly for
recreational purposes, including, but not limited to, mobile recreational
trailers, snowmobiles, boats, personal watercraft and all-terrain vehicles.
RECREATIONAL VEHICLE STORAGE
A commercial establishment for the storage of licensed recreational
vehicles and their trailers.
RURAL RESIDENTIAL ZONE
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone,
Residential Hamlet (RH) Zone, Residential Mobile Home (RM) and
Residential Shoreline (RS) Zone, and the term includes Special Exception
Zones to any of these zones provided in the aforesaid By-law 84-63.
SHIPPING/CARGO CONTAINER
Shall mean a prefabricated metal container or box specifically constructed
for the transport of goods by rail, ship or transport truck.
URBAN RESIDENTIAL ZONE
Shall mean an Urban Residential Type One (R1) Zone, Urban Residential
Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an
Urban Residential Type Four (R4) Zone and the term includes Special
Exception Zones to any of these zones provided in the aforesaid By-law
84-63."
b) By deleting from Section 2, thereof, and replacing with the following
definitions in alphabetical order as follows:
"CARTAGE OR TRANSPORT DEPOT
Shall mean a building or structure and lot where transport vehicles are
kept for hire, rented or leased, or stored or parked for remuneration, or
from which transport vehicles are dispatched for hire as common carriers
and may include a warehouse, but shall not include any other use or
activity otherwise defined or classified in this By-law.
RESIDENTIAL ZONE
Shall mean a Rural Cluster (RC) Zone, Residential Estate (RE) Zone,
Residential Hamlet (RH) Zone, Residential Mobile Home (RM) Zone,
Residential Shoreline (RS) Zone, Urban Residential Type One (R1) Zone,
Urban Residential Type Two (R2) Zone, Urban Residential Type Three
(R3) Zone, and an Urban Residential Type Four (R4) Zone and the term
includes Special Exception Zones to any of these zones provided in the
aforesaid By-law 84-63."
c) By deleting Sections 3.1 c) through 3.1 i) and replacing them as follows:
c. LOT COVERAGE
The total lot coverage of all accessory buildings and structures, except
swimming pools, shall not exceed:
i) Ten percent of the total lot area in a residential or agricultural zone.
ii) Fifty percent of the ground floor area of the principal building in a
commercial or industrial zone.
iii) Ten percent of the lot area for Public Uses.
d. FLOOR AREA
The total floor area for accessory buildings and structures shall not
exceed:
i) 120 m2 accessory to a dwelling in a rural residential or agricultural
zone with a minimum lot area of 2 hectares.
ii) 90 m2 accessory to a dwelling in a rural residential or agricultural
zone for lots less 2 hectares in lot area.
iii) 60 m2 in all other zones.
e. HEIGHT
The total height for accessory buildings and structures shall not exceed:
i) 3 metres for buildings or structures with a floor area less than 10m2;
ii) 4 metres in an urban residential zone; and
iii) 4.5 metres in any other zone.
f. BOAT HOUSE, PUMP HOUSE OR DOCKING FACILITIES
Notwithstanding any other provision of this By-law to the contrary, a boat
house, pump house or docking facilities may be erected and used in the
required yard of a lot abutting a navigable waterway, provided, such
accessory buildings or structures comply with all other side yard
requirements of the respective zone.
g. INTERIOR SIDE YARD, REAR YARD AND EXTERIOR SIDE
YARD REQUIREMENTS
Where an accessory building or structure is located in an interior side or
rear yard it shall not be closer to the interior side lot line or the rear lot line
than 0.6 metres in an urban residential zone and 1.2 metres in all other
zones to the interior side lot line or rear lot line. An accessory building or
structure, other than a detached garage, located in an exterior side yard
shall not be closer than 1.2 metres to the exterior side lot line in an urban
residential zone. A detached garage shall comply with the zone
minimums for permitted residential uses, but in no case shall be located
less than 6.0 metres from a street line.
h. GATE HOUSE IN INDUSTRIAL ZONE
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in an industrial zone, a gate house shall be permitted in a
required front or side yard or in the area between the street line and the
required setback, but in no instance shall such gate house be located
closer than 1.25 metres to the street line or in a sight triangle.
i. MOTOR VEHICLE FUEL BAR SHELTER
Notwithstanding the yard and setback provisions of this By-law to the
contrary, in the service station commercial zone, a fuel bar shelter shall
have a total floor area of not more than 9 square metres.
d) By adding a new Sections 3.1 j) and 3.1 k) as follows:
j. YARD REQUIREMENTS
Notwithstanding the yard and setback provisions of this By-law to the
contrary, every part of any yard to be provided in all zones shall be open
and unobstructed by any structure from the ground to the sky, except for
the following:
i) sills, belt courses, cornices, chimney breasts, bay windows,
cantilevered floor areas, pilasters or parapets may project into any
yard to a distance of not more than 0.75 metres;
ii) eaves or gutters, for other than an accessory building or structure,
may project into any required yard a distance of not more than 0.75
metres;
iii) eaves or gutters for an accessory building or structure may project
into any required yard 0.3 metre;
iv) balconies, canopies, unenclosed porches, steps, Gf patios, or decks
may project into any required front, side, or rear yard to a distance
of not more than 1.5 metres, but in no instance shall a required side
yard be reduced to below 1.2 metres.
v) fire escapes may project into any required side or rear yard to a
distance of, not more than, 1.5 metres;
vii) fences, freestanding walls, flag poles, clothes poles, diving boards,
antennae, light standards, and similar accessory structures and
appurtenances, and hedges, trees, and shrubs are permitted, but in
the case of a residential interior lot line situated in any residential
zone, no structure, hedge or obstruction that is more than 0.75
metres in height is permitted within 3 metres of any street line
where such structure, hedge or obstruction will impede vision
between a height of 0.75 metres and 2.5 metres above the
centreline grade of an access from any improved public street to
any lot.
k. EXCLUDED USES
No shipping/cargo container shall be used as an accessory
structure.
e) By adding a new Section 3.16 m. as follows:
Um. RECREATIONAL VEHICLE AND TRAILER PARKING
The following regulations apply to parking of recreational vehicles and
trailers:
i) Driveway
a) A recreational vehicle or trailer, and any load thereon, not
exceeding 5.5 metres in length or 2.4 metres in height may
be parked on a driveway in an urban residential zone.
b) A recreational vehicle or trailer, and any load thereon,
exceeding 5.5 metres in length or 2.4 metres in height may
be parked on a driveway in an urban residential zone for a
period not exceeding 120 hours in one calendar month with
a minimum setback of 0.5 metres from the street line.
c) A recreational vehicle or trailer, and any load thereon, may
be parked on a driveway in a rural residential zone and
Agricultural (A) Zone.
ii) Storage
Storage or parking of trailers or recreational vehicles shall be
permitted within a garage, carport or other permitted accessory
structure.
iii) Location
b) The parking or storage of a recreational vehicle or trailer, and
any load thereon, not exceeding 6 metres in length or 2.9
metres in height shall be permitted in any side yard or rear yard
in an urban residential zone, subject to the provisions of Section
3.1.6
c) The parking or storage of a maximum of three (3) recreational
vehicles or trailers, and any load thereon, shall be permitted in
any side yard or rear yard in a rural residential zone and
Agricultural (A) Zone, or any exception zone thereto, subject to
the provisions of Section 3.1.6
iv) Number
d) The owner may not store or park in the open more than one
recreational vehiCle or trailer, and any load thereon, on a lot in
an urban residential zone.
e) The owner may not store or park in the open more than three
(e) recreational vehicles or trailers, and any load thereon, on a
lot in a rural residential zone and Agricultural (A) Zone, or any
exception zone thereto."
d) By deleting Section 3.22 and replacing it as follows:
"3.22 VISIBILITY TRIANGLES
On a corner lot, within the triangle space formed by the street lines
and a line drawn from a point in one street line to a point in the
other street line, each such point being 7.5 metres measured along
the street line from the point of intersection of the street lines, no
motor vehicle, as defined in the Highway Traffic Act, as amended,
recreational vehicle or trailer, and any load thereon, shall be parked
or stored, no building or structure which would obstruct the vision of
drivers of motor vehicles shall be erected, and, no land shall be
used for the purposes of growing shrubs or trees in excess of 0.75
metres in height."
2. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 of the Planning Act.
BY-LAW read a first time this day of
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
day of
2008
2008
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
SUMMARY OF BY-LAWS
October 27, 2008
BY-LAWS
2008-169 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Municipality of Clarington) (Unfinished Business)
2008-184 Being a by-law to adopt Amendment No. 64, to the Clarington
Official Plan (The Durham Church Network) (Item 4 of Report #1 )
2008-185 Being a by-law to adopt Bowmanville Community Improvement
Plan Amendment NO.1 (Item 5 of Report #1)
2008-186 Being a by-law to amend By-law 2005-145, a by-law respecting
the appointment of a Chief Building Official, Building Inspectors,
Plumbing Inspectors and Fire Safety Inspectors (Item 7 of
Report #1 )
2008-187 Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington, the Newcastle
Skating Club and the Newcastle Memorial Arena Board to execute
a collaborative agreement regarding the construction of a
music/storage room at the Newcastle Memorial Arena (Item 8 of
Report #1 )
2008-188 Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Clarington Kids
Inc., Courtice, Ontario, to enter into agreement for the lease space
at Courtice Community Complex, 2950 Courtice Road North,
Courtice, Ontario (Item 9 of Report #1)
2008-189 Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Great West Life
Assurance Company, Ontario, for the Provision of Employee
Group Benefits (Item 11 of Report #1)
2008-190 Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Chubb Insurance
Company of Canada for the Provision of Employee Group Benefits
(Item 11 of Report #1)
HANDOUTS/CIRCULATIONS
COUNCIL
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