HomeMy WebLinkAbout03/03/2003
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CleJ!JlJglOn
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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DATE:
MARCH 3, 2003
9:30 A.M.
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TIME:
PLACE:
COUNCIL CHAMBERS
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1. ROLL CALL
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2.
DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
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(a) Minutes of a Regular Meeting of February 24,2003
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4a. PRESENTATION
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(a) Tom Cameron, Inspector, 16th Division, Durham Regional Police
- re: Village Constable Program
4b. DELEGATION
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(a) Linda Gasser, 7421 Best Road, Orono, LOB 1 MO
- re: Report PSD-025-03
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5.
PUBLIC MEETING
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No Public Meetings have been scheduled.
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CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
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G.P.& A. Agenda
March 3, 2003
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6. PLANNING SERVICES DEPARTMENT
(a) PSD-026-03-
Monitoring of the decisions of the Committee of
Adjustment for the meeting of February, 20, 2003
(b) PSD-027-03-
Complaint by Paul Christensen under section 20
of the Development Charges Act
(c)
Confidential Verbal Report - Property Matter
7. ENGINEERING SERVICES DEPARTMENT
No Reports
8.
OPERATIONS DEPARTMENT
No Reports
9. EMERGENCY SERVICES DEPARTMENT
No Reports
10. COMMUNITY SERVICES DEPARTMENT
No Reports
11. CLERK'S DEPARTMENT
(a)
CLD-10-03 -
Mark Stewart - Animal Licencing Services
Inc. - Agreement
(b) CLD-11-03-
Ontarians with Disabilities Act, 2001
12. CORPORATE SERVICES DEPARTMENT
(a)
COD-006-03 -
Public Sector Salary Disclosure Act
13. FINANCE DEPARTMENT
No Reports
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G.P.& A. Agenda
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March 3, 2003
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14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
No Reports
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
17. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
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General Purpose and Administration Committee
February 24, 2003
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ROLL CALL
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Present Were
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Also Present:
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Minutes of a meeting of the General Purpose
and Administration Committee held on Monday,
February 24,2003 at 9:30 a.m.,
in the Council Chambers.
Mayor J. Mutton
Councillor D. MacArthur
Councillor P. Ping Ie
Councillor G. Robinson
CouncillorJ. Rowe
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Manager of Transportation and Design, L. Benson
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Director of Operations, F. Horvath
Manager of Community Planning & Design, C. Pellarin
Director of FinancelTreasurer, N. Taylor
Deputy Clerk, M. Knight Stanley
Clerk 11, D. MacKay
Mayor Mutton chaired this portion of the meeting.
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DISCLOSURE OF PECUNIARY INTEREST
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MINUTES
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Councillor Robinson indicated that he would be stating a
pecuniary interest with regards to the Port Granby
Presentation.
Resolution #GPA-100-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of the General
Purpose and Administration Committee held on
February 3, 2003 be approved.
"CARRIED"
G.P. & A. Minutes - 2 - February 24,2003 ..
Mayor Mutton presented Monique White, Student Page, with ..
a certificate for participating in the Student Page Program.
Councillor Robinson stated a pecuniary interest with respect to ..
the Port Granby Project Presentation; vacated his chair and
refrained from discussion on the subject matter. Councillor
Robinson resides near the area. .-
PRESENT A TION
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(a) David Hardy and Dr. Mohan Rao, Hardy Stevenson and
Associates, 364 Davenport Road, Toronto, M5R 1 K6
- re: Port Granby Project circulated a copy of a power ..
point presentation and highlighted the following:
Purpose of presentation -
Peer review of initial studies
Peer review team
- Team expertise profile ..
- Goal of the peer review
Peer review objectives
Initial studies undertaken by LLRWMO -
Scope of Initial Studies
Peer review reports
Disposition of Comments ..
Future activities over next three months
Future activities over remainder of EA; and
- Concluded Remarks ..
Mr. Hardy and Dr. Rao answered questions from the
Committee. ..
DELEGATIONS
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(a) Chris Muscat, 7 Waterview Lane, Newcastle, L 1 B 1 N5
- re: Report PSD-018-03 was called but was not present.
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(b) Candace Parsons, 76 Beecham eres., Newcastle,
L 1 B 1 M9 on behalf of Rick Law was present to ask
clarification on Section 4.2 of Report PSD-018-03 ..
regarding maximum height for townhouse buildings along
with Section 8.3 regarding 1 storey townhouses.
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G.P. & A. Minutes
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February 24, 2003
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DELEGATIONS CONT'D.
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(c) Rick Bruynson, Architect, 1138337 Ontario Inc. (The
Kaitlin Group), 1029 McNichol Avenue, Scarborough,
M1W 3W6 answered questions regarding Report
PSD-018-03. The Kaitlin Group will send copies of the
drawings to Ms. Parsons and Mr. Law when available.
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(d) Gerry Hasiuk, Box 722, Colbourne, KOK 1S0
- re: Report PSD-020-03 stated that his property is not a
transport depot but rather a Trailer Leasing Company.
Mr. Hasiuk stated the zoning of M2 was sufficient when he
moved in and wondered why he would need a site plan if
there were no major changes to the property. In his
estimation, there is not a serious traffic problem because
most of the traffic is during off hours. He supports a
reduction in the height of the berm as well as a temporary
entrance as part of the site plan.
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Councillor Schell chaired this portion of the meeting.
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PLANNING SERVICES DEPARTMENT
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Committee of Resolution #GPA-101-03
Adjustment for the
Meeting of Moved by Councillor Trim, seconded by Councillor Rowe
February 6, 2003
THAT Report PSD-017-03 be received; and
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THAT Council concur with decisions of the Committee of
Adjustment made on February 6, 2003 for applications
A2002/041, A2003/001 and A2003/002 and that staff be
authorized to appear before the Ontario Municipal Board to
defend the decisions of the Committee of Adjustment.
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"CARRIED"
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Rezoning Appl. Resolution #GPA-102-03
Applicant: 1138337
Ontario Inc. Moved by Councillor Rowe, seconded by Councillor MacArthur
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THAT Report PSD-018-03 be received;
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THAT the rezoning application submitted by Kelvin Whalen
on behalf of 1138337 Ontario Inc. (The Kaitlin Group) be
approved and the by-law be passed as contained in
Attachment 3 to Report PSD-018-03; and
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G.P. & A. Minutes
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February 24,2003
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PLANNING SERVICES DEPARTMENT CONT'D.
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THAT all interested parties listed in Report PSD-018-03 and
any delegation be advised of Council's decision.
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"CARRIED"
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Site Plan Appl. Resolution #GPA-103-03
Applicant: Janet
and John Rice Moved by Councillor Pingle, seconded by Mayor Mutton
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THAT Report PSD-019-03 be received for information.
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"CARRIED"
Hasiuk Delegation Resolution #GPA-104-03
Hancock Road and
Baseline Road Moved by Mayor Mutton, seconded by Councillor Robinson
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THAT Report PSD-020-03 be received;
THAT the staff recommendations contained in Section 4 of
Report PSD-020-03 be implemented through site plan
approval;
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THAT a temporary access be incorporated into the site plan
process; and
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THAT all interested parties listed in Report PSD-020-03 and
any delegations be advised of Council's decision.
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"CARRIED"
Removal of Resolution #GPA-105-03
Holding
Applicant: McCaul Moved by Councillor Trim, seconded by Councillor Robinson
And Dooley
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THAT Report PSD-021-03 be received;
THAT the application submitted by Gwendolyn Dooley and
Glenn McCaul to remove the Holding (H) symbol be
approved;
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THAT the by-law attached to Report PSD-021-03 to remove
the Holding "(H)" symbol be passed and a copy forwarded
to the Regional Municipality of Durham; and
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G.P. & A. Minutes
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February 24, 2003
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PLANNING SERVICES DEPARTMENT CONT'D.
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Sign By-law
Minor Variance
Application
Applicant: Ken
Bruce Atlantic
Signs on Behalf of
The Bulk Barn
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Rezoning for
St. Anthony of
Padua Parish
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THAT all interested parties listed in Report PSD-021-03 and
any delegations be advised of Council's decision.
"CARRIED"
Resolution #GPA-106-03
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report PSD-022-03 be received;
THAT the sign by-law minor variance application submitted
by Mr. Ken Bruce of Atlantic Signs on behalf of the Bulk Barn
to permit a 12.0 square metre wall sign be denied; and
THAT all interested parties listed in Report PSD-022-03 and
any delegation be advised of Council's decision.
"CARRIED"
Resolution #GP A-1 07-03
Moved by Councillor Rowe, seconded by Councillor MacArthur
THAT Report PSD-023-03 be received;
THAT the rezoning application submitted by Dickinson &
Hicks Architects Inc. on behalf of St. Anthony of Padua
Parish, be approved;
THAT the amending by-law attached to Report PSD-023-03
be forwarded to Council for approval;
THAT a copy of Report PSD-023-03 and the amending
by-law attached to Report PSD-023-03 be forwarded to the
Durham Region Planning Department; and
THAT all interested parties listed in Report PSD-023-03 and
any delegation be advised of Council's decision.
"CARRIED"
G.P. & A. Minutes
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February 24, 2003
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PLANNING SERVICES DEPARTMENT CONT'D.
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Removal of Resolution #GPA-108-03
Part Lot Control
Applicant: Rose Moved by Councillor Pingle, seconded by Councillor Trim
Valley Homes
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THAT Report PSD-024-03 be received;
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THAT the request for Removal of Part Lot Control with
respect to Lots 1 to 31 and Blocks 70 to 72 inclusive on
40M-2133 be approved and that the Part Lot Control By-law
attached to Report PSD-024-03 be passed pursuant to
Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-024-03,
any delegations and the Regional Municipality of Durham
Planning Department be advised of Council's decision.
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"CARRIED"
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The confidential verbal report was withdrawn from the
agenda.
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Councillor MacArthur chaired this portion of the meeting.
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ENGINEERING SERVICES DEPARTMENT
Parking adjacent to Resolution #GPA-109-03
Municipal
Administration Moved by Councillor Schell, seconded by Councillor Pingle
Centre and Library
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THAT Report EGD-08-03 be received;
THAT On-Street Parking For Disabled Persons Schedule
XXIX of Traffic By-law 91-58 be amended to provide two (2)
additional on-street disabled parking spaces be located on
the south side of Church Street at the entrance to the new
Bowmanville Library to better serve the disabled public;
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THAT the Reserved On-Street Parking Schedule IV, and the
Loading Zones Schedule X, of Traffic By-law 91-58 be
amended to establish improved locations on Church Street;
and
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THAT the by-law attached to Report EGD-08-03 be
approved by Council.
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"CARRIED"
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G.P. & A. Minutes
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February 24,2003
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ENGINEERING SERVICES DEPARTMENT CONT'D.
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Monthly Report on Resolution #GPA-110-03
Building Permit
Activity for Moved by Mayor Mutton, seconded by Councillor Pingle
January, 2003
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THAT Report EGD-09-03 be received for information.
"CARRIED"
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Clarington Transit Resolution #GPA-111-03
Interim Financial
Results for Sept., Moved by Councillor Schell, seconded by Councillor Rowe
Oct. & Nov., 2002
THAT Report EGD-10-03 be received for information.
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"CARRIED"
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OPERATIONS DEPARTMENT
There were no items considered under this section of the agenda.
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EMERGENCY SERVICES DEPARTMENT
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There were no items considered under this section of the agenda.
COMMUNITY SERVICES DEPARTMENT
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There were no items considered under this section of the agenda.
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Councillor Pingle chaired this portion of the meeting.
CLERK'S DEPARTMENT
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Animal Services Resolution #GPA-112-03
Monthly Report for
the Month of Moved by Councillor Robinson, seconded by Councillor Schell
January, 2003
THAT Report CLD-08-03 be received for information; and
THAT a copy of Report CLD-08-03 be forwarded to the
Animal Alliance of Canada and the Animal Advisory
Committee.
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"CARRIED"
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G.P. & A. Minutes
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February 24, 2003
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CORPORATE SERVICES DEPARTMENT
III
Confidential Report COD-005-03 was withdrawn from the agenda.
Mayor Mutton chaired this portion of the meeting.
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FINANCE DEPARTMENT
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Municipal Tax Sales Resolution #GPA-113-03
Utilizing Services of
Realtax Inc. Moved by Councillor MacArthur, seconded by Councillor Pingle
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THAT Report FND-005-03 be received;
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THAT routine potential tax sale properties be handled by
Realtax Inc.; and
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THAT the more complex tax sale properties continue to be
referred to the municipal solicitor, Dennis Hefferon.
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"CARRIED"
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Cash Activity
Report Last
Quarter 2002
Resolution #GPA-114-03
Moved by Councillor Schell, seconded by Councillor Trim
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THAT Report FND-006-03 be received;
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THAT in accordance with provision of Chapter M-45, Section
79 (1) ofthe Municipal Act, R.S.O. 1990, the Treasurer
reports the cash position of the Municipality of Clarington for
the fourth quarter of the year 2002, as shown on the
schedule attached to Report FND-006-03; and
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THAT Part "A" of the expenditures for the fourth quarter of
the year be confirmed.
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"CARRIED"
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
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There were no items considered under this section of the agenda.
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G.P. & A. Minutes
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February 24,2003
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UNFINISHED BUSINESS
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Port Granby
Presentation
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OTHER BUSINESS
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ADJOURNMENT
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Resolution #GPA-115-03
Moved by Councillor Schell, seconded by Councillor Pingle
THAT David Hardy and Dr. Mohan Rao, be thanked for their
Presentation.
"CARRIED"
There were no items considered under this section of the agenda.
Resolution #GPA-116-03
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the meeting adjourn at 10:44 a.m.
"CARRIED"
MAYOR
DEPUTY CLERK
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Cl![-illgton
REPORT
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PLANNING SERVICES
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Meeting:
- Date:
Report #:
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- Subject:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, March 3, 2003
PSD-026-03
File #: A2003/003
By-law #:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF FEBRUARY 20, 2003
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RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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THAT Report PSD-026-03 be received;
2.
THAT Council concurs with decisions of the Committee of Adjustment made on
February 20, 2003 for application A2003/003 and that Staff be authorized to appear
before the Ontario Municipal Board to defend the decision of the Committee of
Adjustment.
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Submitted by:
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Davi . Crome, MCIP, R.P.P.
Director of Planning Services
/\ /)() 7 k
Reviewed bYU./Jz~-t{Y ---./ ~A..... '(..
Franklin Wu,
Chief Administrative Officer
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AR*L T*DJC*sh
February 24, 2003
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
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REPORT NO.: PSD-026-03
PAGE 2
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1.0 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment No.1. The decisions of the Committee are detailed below.
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Application Number Staff Recommendation Decision of Committee
A2003/003 Approve Approved
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
FEBRUARY 20, 2003
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2.0 Application A2003/003 was for a minor variance to allow the sale and/or service of non-
motorized recreational vehicles in addition to the permitted uses of the "Special Purpose IIIIli
Commercial (C4) Zone".
IIIli
3.0 Staff has reviewed the Committee's decision and is satisfied that the application as
approved is in conformity with the Official Plan policies, consistent with the intent of the
Zoning By-law and minor in nature and desirable. Council's concurrence with the
Committee of Adjustment decision is required in order to afford Staffs official status
before the Ontario Municipal Board in the event of an appeal of any decision of the
Committee of Adjustment.
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Attachments:
Attachment 1 - Periodic Report of the Committee of Adjustment
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III
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ATTACHMEI'H
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Clm:Jl1gton
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
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FILE NO.:
HOLIDAY WORLD MARINE & RV CENTRE
835641 ONTARIO LTD.
4131 HIGHWAY 35/115 NORTHBOUND, CLARKE
PART LOT 28, CONCESSION 4
FORMER TOWN(SHIP) OF CLARKE
A2003/003
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APPLICANT:
OWNER:
PROPERTY LOCATION:
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PURPOSE:
TO ALLOW THE SALE AND/OR SERVICE OF NON-MOTORIZED RECREATIONAL
VEHICLES ON THE SUBJECT LANDS, IN ADDITION TO THE PERMITTED USE OF THE
SPECIAL PURPOSE COMMERCIAL (C4) ZONE.
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DECISION OF COMMITTEE:
- THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN
CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED
MINOR AND DESIRABLE.
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DATE OF DECISION: February 20,2003
LAST DAY OF APPEAL: March 12, 2003
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Cl!J!illgtnn
REPORT
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PLANNING SERVICES
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Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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Date: Monday, March 3, 2003
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Report #: PSD- 027 -03
File #:
By-law #:
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Subject:
COMPLAINT BY PAUL CHRISTENSEN UNDER SECTION 20 OF THE
DEVELOPMENT CHARGES ACT
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RECOMMENDATIONS:
- It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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1.
THAT Report PSD-027-03 be received for information.
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Submitted by:
Da . J. Crome, MCIP, R.P.P.
Director of Planning Services
Reviewed by:d.~ -~ e0~
Franklin Wu,
Chief Administrative Officer
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CP*DJC*sh
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February 24, 2003
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
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REPORT NO.: PSD-027 -03
PAGE 2
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1.0 BACKGROUND
1.1 On Thursday January 30, 2003, an Ontario Municipal Board Hearing was held in the
Council Chambers with respect to a complaint by Paul Christensen against a
development charge imposed on a property at 7700 Carscadden Road. In August
2001, Mr. Christensen applied for a building permit for a single detached dwelling for the
referenced property. There was no other dwelling on the property at the time, and the
applicant paid a total of $9953 in development charges, which was distributed as
follows:
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. Municipality of Clarington $6916
. Public School Board $704 ..
. Separate School Board $219
. Region of Durham $2114
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1.2 Council may recall that in December 2001, Mr. Christensen filed a complaint, pursuant
to the Development Charges Act, that an error in the application of the Municipality's
development charges was applied against his property. In accordance with the
Development Charges Act a hearing date was set for February 25, 2002, for Council to
hear the complaint. Mr. Christensen addressed Council advising that he believed his
property should be exempt from paying development charges for the following reasons:
. He was of the understanding that development charges are not imposed on
agricultural properties;
. This is an existing lot and there was previously a house on the property until
1989, therefore this is not new development;
. The taxes for this property have included a garbage removal fee; and
. The Municipality installed the green municipal address sign at the entrance to the
property.
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. He argued that these last two items are not done on vacant parcels. Therefore, the
Municipality must not consider the lot to be vacant. ..
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1.3 Council referred the issue to staff for a report. In June staff reported acknowledging
there had been an error in the application of garbage removal fee to the property tax.
As a result, a rebate was available for payment made for the last three years. Also it
was acknowledged that the municipal street address sign was placed on the property in
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REPORT NO.: PSD-027-02
PAGE 3
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advance of the house, nevertheless with the building permit issued in September 2001
the address sign was now required. The report noted the development charge by-law
allows a credit where a dwelling previously existed on the lot, provided a building permit,
for a new dwelling, is issued within 24 months of the removal of the original house. The
previous dwelling was demolished in August 1990 and the building permit for the new
house was not applied for until 2001. The report concluded. that the development
charge was applied properly and Mr. Christensen's request for a refund be denied.
Council supported the staff recommendations.
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- 1.4 Mr. Christensen appealed the decision of Council to the Ontario Municipal Board. Mr.
Christensen also appealed a similar decision by the Region of Durham to impose a
- regional development charge on the subject property. The OMB heard both appeals
together, on January 30, 2003.
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2.0 OMS Hearing
2.1 Planning staff together with the municipal solicitor attended the hearing in support of
Council's position. Mr. Christensen provided similar argument as to why he should not
pay a development charge as he did when he appeared in front of Council. The thrust
of his argument was that this is an existing lot, no additional services are required, and
therefore, he should be exempt. The Board advised that its role is limited to a
determination of whether the By-law has been properly applied (Le. The amount
correctly calculated or whether a credit is available). The question of whether a vacant
lot should be subject to a development charge is not a consideration, as both the
Municipality and the Region have development charge by-laws in effect.
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2.2 Staff provided uncontradicted evidence that the development charge for a single
detached dwelling was properly calculated. In addition, as more than 2-years had
passed following removal of the original dwelling from the lot, this exemption was not
available to Mr. Chr~stensen. The Board concurred and dismissed the complaint
against the Municipality.
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REPORT NO.: PSD-027-02
PAGE 4
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2.3 In dealing with the complaint against the Region of Durham development charge it
became evident there was uncertainty as to the exact date the demolition/removal of the
previous dwelling took place. Originally Mr. Christensen suggested it occurred in the fall
of 1989. During the hearing, the Municipality presented evidence that a demolition
permit was issued August 15, 1990, however a final inspection confirming the work was
complete did not occur until February 1993. As there was no way of knowing the exact
date demolition occurred, and because the Region's Development Charge By-law
provides a 10-year window between demolition and issuance of building permit for
exemption. The Region agreed that a development charge should not have been
applied. The Board allowed the appeal against the Durham Region Development
Charge By-law.
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Attachments:
Attachment 1 - O.M.B. Decision
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ATTACHMENT If 1
IS~UE DA~:
Feb. 13,2003
DECISION/ORDER NO:
0213
P -.,ll
I FE 8 1 B 2003
Ontario I
Ontario Municipal Board MUNICIPALITY O~ CLARINGTON
C .. d ff' .. I P N NG.OEPARTMcNT
ommlSSlon es a alres mUnlClpa es L
. 2=22
C020005
C020006
Paul Christensen has complained to the Ontario Municipal Board under subsection 20 of the
Development Charges Act, 8.0. 1997 c. 27 against a development charge imposed on a
property at 7700 Carscadden Road by the Municipality of Clarington
O.M.B. File No. 0020010 (DC020005)
Paul Christensen has complained to the Ontario Municipal Board under subsection 20 of the
Development Charges Act, 8.0. 1997 c. 27 against a development charge imposed on a
property at 7700 Carscadden Road by the Regional Municipalit)' of Durham - ..- c.. :-..:. :J.vA. ...,...: ~.: :>. ,.; ~. -; '.:,; -. "i
O.M.B. File No. 0020011 (DC020006) !; ;: I ~ ".. ..
APPEARANCES:
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Parties
Counsel
Paul Christensen
Municipality of Clarington
Regional Municipality of Durham
N. Macos
M. Gaskell
MEMORANDUM OF ORAL DECISION DELIVERED BY M. F. V. EGER
ON JANUARY 30. 2003 AND ORDER OF THE BOARD
At the conclusion of the hearing, the Board advised the parties of its decision.
The following are the Board's written reasons.
Mr. Christensen purchased the lands at 7700 Carscadden Road in the fall of
1997. The lands are located in a rural part of the Municipality and are not serviced with
municipal sewer or water. At the time of purchase, there was not a dwelling on the
lands. An earlier dwelling had been demolished prior to Mr. Christensen's involvement
with the property. A new single family home is currently under construction on the site.
At the time Mr. Christensen obtained his building permit he was required to pay
development charges to the Municipality totalling $9953. The charges were -.
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DC020006
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Municipal Development Charoe lIIIlII
Single or semi $6916
Educational Development Charge
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Public School
Separate School
$ 704
$ 219
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Reoional Development Charoe
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Single detached dwelling
$2114
$9953
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TOTAL
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Mr. Christensen paid the charges on September 17, 2001.
Part of Mr. Christensen's obje,ction to paying the Municipal and Regional charges
is that 7700 Carscadden Road is an existing lot of record and there was previously a
residence on the property. He concludes that in such circumstances no additional
municipal services are required and he should be exempt from paying development
charges to the local and regional municipalities. Neither Clarington's Development
Charge By-Law No. 2000-108 or the Regional Municipality of Durham, By-Law No. 50-
99 provide for a blanket exemption for existing lots of record from payment of
development charges upon redevelopment.
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The complaints before the Board were filed under subsection 20 of the
Development Charges Act. The Board's jurisdiction, on appeal, is the same as that of
council-
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20. (1)
A person required to pay a development charge, or the person's
agent, may complain to the council of the municipality imposing the
development charge that,
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the amount of the development charge was incorrectly
determined;
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DC020005
DC020006
b)
whether a credit is available to be used against the
development charge, or the amount of the credit or the service
with respect to which the credit was given, was incorrectly
determined; or
c)
there was an error in the application of the development
charge by-law.
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20. (6)
After hearing the evidence and submissions of the complainant, the council may
dismiss the complaint or rectify any incorrect determination or error that was the
subject of the complaint
In such cases, the Board's role is c1earty limited to a determination of whether the
by-law has been property applied and to determine whether the amount of the
development charge was correctly determined. The question of whether existing vacant
lots of record in Durham Region and/or the Municipality of Clarington are subject to
development charges was determined at the time the respective Development Charge
By-laws were adopted and the evidence before the Board is that these By-laws are
currently in full force and effect.
In either case before the Board, Mr. Christensen does not take exception to the
amount of the charges only their applicability to his property.
Before considering the two separate complaints, it is important to set out the
facts related to the date of demolition and application for building permit at the time of
the hearing as they vary from those at the time Durham and Clarington Councils dealt
with the complaints.
Prior to his purchase of the subject property, Mr. Christensen had no personal
knowledge of the property. When he filed his complaints with the Region and the
Municipality he indicated that the original house had been on the lot until the fall of
1989. This was information obtained from a former resident of the property. That is
the information that both municipal councils had when they considered Mr.
Christensen's complaints. During the preparations for this hearing the staff at the
Municipality of Clarington located a copy of the Application for Permit to Demolish the
existing residence at 7700 Carscadden Road, dated August 15, 1990 (Exhibit 3, Tab 2).
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Staff also located the Building Inspection Report indicating that a final inspection was
made on February 26, 1993 and that the work was complete (Exhibit 3, Tab 3). The
parties now agree that the previous residence was removed between August 1990 and
February 1993, which is later than the 1989 date indicated in the complaints filed with
the Municipalities.
The Board will now consider the appeals in the context of the appropriate by-law.
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Municipality of Clarinaton
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Mr. Pellarin is currently the Manager of Community Planning and Design for the
Municipality of Clarington and is familiar with By-Law No. 2000-108. He, reviewed in
considerable detail the By-Law, the Definition 'for single-detached dwelling and the
applicable charges, based on indexing since the time the By-law came into effect, which
were charged at the time the building permit application was made. Again, Mr.
Christensen took no exception to the method of calculation or amount of the charge.
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Mr. Pellarin also reviewed the list of exemptions provided for in the By-Law.
Subsection 22 (1) states that .....a credit shall be allowed against the development
charge otherwise payable by the owner pursuant to this By-law for the portion of the
previous building or structure that is still in existence being converted to residential
purpose or for the residential portion of the building that has been demolished......
Subsection 22 (2) limits the credit - "A credit in respect of the demolition of an existing
building shall not be given under subsection 22(1) unless within two years from the date
on which the demolition permit for the demolition in question was issued, either a
building permit has been issued......
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It is Mr. Pellarin's opinion that the only possible exemption available to Mr.
Christensen is that referred to above and based on the evidence today the application
for building permit is well past the 2-year window for exemption. On this basis, the
Board finds that the Development Charge By-law of the Municipality of Clarington was
correctly applied and Mr. Christensen's complaint is dismissed.
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Mr. Curtis was the Manager, Development Approvals Division with the Region of
Durham at the time Mr. Christensen's Application for Building Permit was being
processed by the Municipality. He also reviewed in detail the Region's By-Law and its
applicability to the subject lands. Subsection 15(1) provides for a reduction in charges
where "as a result of the redevelopment of land, a building or structure existing on the
land within ten years prior to the date of payment of development charges in regard to
such redevelopment was, or is to be demolished, in whole or in part...". Mr. Curtis
indicated that had he been aware in 2001 of the demolition permit application and
inspection reports filed with the Board at the hearing, Mr. Christensen would have been
exempted from any charges. On this basis, the Board finds that with respect to the
Regional Development Charge By-law, there was' an error in the application of the By-
law and no Regional Charges are indicated. The "Board allows the appeal. Pursuant to
subsection 25 (1) and (2) of the Act, the $2114 charge paid by Mr. Christensen is to be
refunded by the Municipality with interest from September 17, 2001.
So orders the Board.
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ReQion of Durham
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"M. F. V. Eger"
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VICE-CHAIR
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REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MARCH 3, 2003
Report #: CLD-10-03
File #:
By-law #:
Subject:
MARK STEWART - ANIMAL LICENCING SERVICES INC. - AGREEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report CLD-10-03 be received;
2.
THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat
licences door to door in the Municipality of Clarington for the year 2003 commencing on
April 1, 2003 until September 30, 2003 and subject to review by Council at the
termination of the agreement;
3.
THAT the Agreement be executed by the Mayor and Municipal Clerk and the
authorizing By-law be forwarded to Council for approval; and
4.
THAT Mark Stewart, Animal Licencing Services Inc., the Animal Advisory Committee
and the Animal Alliance of Canada be advised of Council's decision.
Submitted by:
Reviewed by: Franklin Wu,
Chief Administrative Officer
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MPKS*PLB*dm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
11 0 1
REPORT NO.: CLD-10-o3
PAGE 20f4
1.0 BACKGROUND AND COMMENT
1.1 For the past six years, Animal Licencing Services Inc., has been contracted by the
Municipality to sell pet licences door to door from April 1 to September 30.
1.2 Last year, in an endeavour to test the market, Staff requested the Purchasing Division
to prepare a "Request for Proposal - Licencing of Cats and Dogs". As a result, only one
bid was received and it was from Animal Licencing Inc. The poor response to the RFP
call is thought to be related to the small value of work included in the RFP and the
limited number of businesses which offer this service. Staff therefore recommend that
Animal Licencing Services Inc. be contracted for the year 2003 from April 1 -
September 30,2003.
1.3 The following chart reflects the positive financial impact of the execution of the
Agreements for the past four years:
YEAR TOTAL
1999 Sale of dog licences by Municipality, $39,628.00
Outlets and Animal Licencing Services
Inc.
2000 Sale of dog and cat licences by $76,995.00
Municipality, Outlets and Animal
Licencing Services Inc.
2001 Sale of dog and cat licences by $54,462.00
Municipality, Outlets and Animal
Licencing Services Inc.
2002 Sale of dog and cat licences by $53,975.00
Municipality, Outlets and Animal
Licencing Services Inc.
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REPORT NO.:
PAGE 3 OF 4
1.4 Revenues decreased in 2001 because the contractor experienced some staffing
problems and was not able to concentrate his efforts in this municipality as he had in the
past. Also, in the year 2000, the sale of lifetime licences was initiated and many pet
owners purchased these at a fee of $30/dog and $20/cat. As a result, these pet owners
do not need to buy any more licences for the same pets.
1.5 The sale of dog/cat licences, door to door has been very effective in increasing the
number of pets licenced in the Municipality. This in turn, has enabled Staff to
successfully identify and return more pets to their rightful owners, thus providing a
higher quality of customer service to our residents.
2.0 RECOMMENDATIONS
Staff therefore recommends:
2.1 THAT Report CLD-10-03 be received;
2.2 THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat
licences door to door in the Municipality of Clarington for the year 2003 commencing on
April 1, 2003 until September 30,2003 and subject to review by Council at the
termination of the Agreement;
2.3 THAT the agreement be executed by the Mayor and Municipal Clerk and the authorizing
By-law be forwarded to Council for approval; and
2.4 THAT Mark Stewart, Animal Licencing Services Inc., be advised of Council's decision.
If these recommendations are approved, an advertisement will be placed in the local
newspapers to inform our residents of the pet licences being sold door to door.
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REPORT NO.:
PAGE 4 OF 4
Attachment #1
Attachment #2
By-law
Agreement
Interested parties to be advised of Council's decision:
Mark Stewart, Animal Licencing Services Inc.
111 Victoria Street E. #1
Whitby, ON L 1 N 8X1
Ms. Liz White
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
Animal Advisory Committee
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Attachment #1
To Report CLD-10-03
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
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being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and Animal Licencing Services Inc.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
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1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on behalf
of the Corporation of the Municipality of Clarington, and seal with the Corporate
Seal, an Agreement with Animal Licencing Services Inc. for the sale of dog/cat
licences "door to door" in the Municipality of Clarington from April 1 , 2003 to
September 30, 2003.
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2. THAT the Agreement attached hereto as Schedule "A" forms part of this By-law.
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By-law read a first and second time this 17th day of March, 2003.
By-law read a third and finally passed this 17th day of March, 2003.
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MAYOR
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MUNICIPAL CLERK
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Attachment #2
To Report CLD-10-03
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This Agreement signed in Triplicate on the day of
,2003.
BETWEEN:
The Corporation of the Municipality of Clarington
"The Municipality"
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Animal Licencing Services Inc.
"contractor"
AGREEMENT
The Contractor has provided a proposal to the Municipality for selling Dog
and Cat licences to the residents of Clarington on a contracted "door to door"
basis and this Agreement is being entered into to clarify the terms and conditions
on which services will be rendered.
The Municipality and the Contractor both acknowledge that they have
each received adequate consideration to enter this contract.
Table of Contents
Article 1.00 Scope of Services 1
Article 2.00 Term and Renewal 2
Article 3.00 Rent/Remuneration 2
Article 4.00 Rights and Obligations of the Municipality 3
Article 5.00 Rights and Obligations of the Contractor 4
Article 6.00 Coveniilnts, Representations and Warranties
Of the Contractor 6
Article 7.00 General 6
Article 8.00 Termination 7
Article 9.00 Definitions 7
1.0 Scope of Services
1.01 Licence Sales: The Contractor shall provide the service of selling dog
and cat licences to the residents of the Municipality of Clarington, door to door.
This operation will be carried out between the hours of 9:00 a.m. and 8:00 p.m.,
from Monday to Saturday, (excepting statutory holidays) for the term of this
contract.
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1.02 Other Services: The Contractor shall communicate to the residents of
Clarington the reasons and benefits for dog/cat licencing. This will include the
distribution of brochures and other literature regarding the licencing of dogs/cats
in Clarington, as provided by the Municipality.
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2.00 Term and Renewal
2.01 Term: This contract will have a fixed term of April 1 ,2002 to
September 30, 2002. This service is being contracted on a trial basis for that
period. The effectiveness of the program will be evaluated at that time and a
decision made with respect to future requirements and procedures.
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2.02 Renewal: This contract has no right for renewal.
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3.0 Remuneration
3.01 Remittance: The Contractor shall make weekly deposits in the full amount
of all proceeds of all licence sales to an account to be opened by the Municipality
forthis purpose at the Municipality's bank in Bowmanville. Cash, cheques made
payable to the Municipality of Clarington, or credit card payments (Visa,
Mastercard) will be acceptable for payment of licences.
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3.02 Remuneration: Remuneration in the amount of 30% for the sale of
each dog or cat licence shall be paid to the Contractor on a weekly basis and
only upon the approval by Municipal staff of the Animal Licencing receipts.
Registration forms and invoices to support the licences sold must be submitted to
the Municipality by 9:00 a.m., the Monday following the completed work week. A
cheque will be issued on the following Friday, provided the remuneration
exceeds $50.00. Where this minimum requirement is not met. then payment
shall be deferred to a following Friday when the $50.00 has been achieved.
Where a cheque received by the Contractor proves to be N.S.F., such cheque
shall be handled by the Municipality in the manner normally prescribed under
Municipality procedures for the handling of such cheques under other
circumstances. Payments to the Contractor shall be withheld.
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3.03 Data: Data collected with respect to door-to-door sale of licences shall be
delivered to the Animal Shelter by 12:00 noon on the Monday following the
collection of the data.
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3.04 Books and Records: The Contractor agrees to keep such books and
records of the operation of the licence sales as the Municipality may require, and
allow the Municipality access a t all times to inspect these books and records.
The Contractor agrees to employ an Auditor licenced under the Public
Accountancy Act, R.S.O. 1990, c.P.37, s.14 (as amended from time to time),
whose identity is acceptable to the Municipality.
3.05 Dispute: In the event that a dispute arises between the Contractor
and the Municipality as to the amount of money payable to either party pursuant
to this Agreement, the decision shall be referred to the Municipal Clerk (or such
other person as she may designate), and the decision of the Municipal Clerk (or
designate) as to the amount of the payment shall be final.
4,00 Riahts and Obllaations of the Municioallty of Clarinaton
4.01 Exclusivitv: The Municipality covenants that it shall not retain any other
door-to-door sales persons for animal licences during the currency of this
Agreement.
4.02 No Guarantee: The Contractor acknowledges that the
Municipality has made no representations, warranties or estimates regarding
expected sales of licences to the residents of Clarington. The Municipality has
made no predictions or estimates whatsoever regarding profits or sales.
4.03 Confidential Records: The Municipality will provide to the
Contractor, a list of individuals who have already purchased their dog/cat
licences for the year 2001 and will provide him with an update of individuals
purchasing licences throughout the year by non door-to-door sales. Such
information is considered to be of a confidential nature.
4.04 Reference Materials: All reference materials required to educate the
residents of Clarington with respect to the animal licencing program shall be
provided to the Contractor by the Municipality.
4.05 Trainina: The Municipality will provide appropriate training to the
Contractor and/or his employees/agents regarding the benefits of animal
licencing, prior to the commencement of the Agreement.
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4.06 Waiver: The failure of the Municipality to insist, in one or more
instances, upon the performance of the Contractor of his employees/agents of
any of the terms and/or conditions of this Agreement shall be be construed as a
waiver of the future performance of any such term and/or condition and the
obligations of the Contractor shall continue in full force and effect.
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4.07 Advertisinq: The Municipality shall have the right to place advertising in
the appropriate media (local newspapers or radio) from time to time introducing
and promoting the animal licencing program and its benefits.
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5.0 Riahts and ObliQations of the Contractor
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5.01 No Assiqnment: The Contractor acknowledges that the background
and experience of its principal officer, Mark Stewart, as well as the proposal
submitted to the Municipality under his name were key components in the
Municipality's entering into this Agreement. The door-ta-door sales are to be
conducted only by the Contractor and any of his employees or agents that have
received the prior approval of the Municipality. The Municipality reserves the right
to revoke the authority to sell dog/cat licences to an employee/agent of the
Contractor. The Contractor agrees that it shall not transfer the business (as it
operates) to another person or corporation, and acknowledges that he is not
entitled to assign a II 0 r a ny portion of t his Agreement without the prior written
consent of the Municipality. The Municipality may arbitrarily withhold consent to
an assignment in its sole and absolute discretion. Nothing contained in this
agreement prohibits the Contractor from performing similar services for other
municipalities or companies.
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5.02 Lawful Operation: The Contractor shall, at all times, hold and maintain in
good standing any licences or permits required by Federal, Provincial or
Municipal laws and regulations.
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5.03 Insurance: The Contractor shall obtain and maintain comprehensive
liability insurance from a company satisfactory to the Municipality.
This insurance shall:
(a) have a limit of liability of not less than $2,000,000.00 (two million
dollars) per occurrence for property damage and bodily injury;
(b) cover all operations and liability undertaken by the Contractor
pursuant to this Agreement;
(c) include both "owned" and "non-owned" vehicle coverage;
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(d) be endorsed to provide that the policy or policies will not be altered,
cancelled, or allowed to lapse during the currency of this
Agreement (including any renewal) without thirty (30) days prior
written notice to the Municipality; and
(e) name the Municipality as additional insured.
5.04 Indemnification: The Contractor agrees that it will be from time to time,
and at all times, hereafter, well and truly save, keep harmless and fully indemnity
the Municipality and its elected officials, employees and agents and its
successors and assigns, from and against all actions, claims, and demands
whatsoever which may be brought against or made upon the Municipality and
against all loss, liability, judgements, claims, costs, demands or expenses which
the Municipality sustain, suffer or be put to resulting from or arising out of the
Contractor's failure to exercise reasonable care, skill or diligence in the
performance or rendering of any work or service required hereunder to be
performed or rendered by the Contractor, its agents, servants, employees or sub
consultants or any of them.
5.05 Fidelitv Bond: Inasmuch as this Agreement covers working on
Municipal property and private property within Clarington without supervision, the
Contractor must provide evidence that all personnel employed in, or, upon or
about the premises of Clarington are covered by a Fidelity Bond of not less than
$10,000.00 for each individual involved on Municipal property or private property
within Clarington.
5.06 Workers' Comoensation: The Contractor acknowledges that this
Agreement is a "Contract for Service" and that it and its employees/agents are
deemed to be independent Operators under the Operational Policy of the
Workers' Compensation Act, R .S.O. 1 990, Sections 1 (1)( m), and 11. I n the
event that the Contractor must register with the Workers Compensation Board as
an employer, it shall furnish Workers Compensation Board Clearance Certificates
to the Municipality at 45 day intervals or as required to confirm its good standing.
The Workers Compensation Board letter of Independent Operator's status shall
form a part of this Agreement.
5.07 Eauioment: The Contractor shall supply its own transportation during the
currency of this Agreement. The Contractor shall further supply any computer
equipment and office materials required to collect and disseminate the data
required by the Municipality.
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5.08 Identification:The Municipality shall provide identification for each of the
Contractors approved employees/agents that is the official identification for one
representing the Municipality. This will be a photo identification card that will be
presented when making a call at a private residence or private property within the
Municipality.
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5.09 Confidentialitv: The Contractor agrees that all information received
from the Municipality and from the residents of the Municipality of Clarington with
respect to animal licencing within the Municipality of Clarington is confidential
information and shall be treated accordingly. This confidentiality shall extend to
its employees/ agents. All written and computer material, information and
records shall be returned to the Municipality upon termination of this Agreement.
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5.10 Advertisinq: There shall be no advertising carried out by the Contractor
for this program.
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6.00 Rules of Operation: The Contractor covenants to abide by all of the
terms and conditions of this Agreement.
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7.0 General
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7.01 Notices: Any notices to be given under this Agreement must be in
writing, signed by or on behalf of the party giving, such notice and delivered by
hand or mailed by prepaid first class mail in Canada and addressed as follows:
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If to the Municipality at:
Marie Knight Stanley, Deputy Clerk
The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
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If to the Contractor, at:
Animal Licencing Services Inc.
c/o Mr. Mark Stewart
111 Victoria Street East, Unit #1
Whitby, Ontario
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or at such 0 ther address a s any party hereto may have specified by notice in
writing and given to the other party.
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Where notice is given by mail, it shall be deemed to have been received by the
person to who the same is addressed, on the fifth (5th) business day following the
day upon which such notice, sent by prepaid first class mail, has been deposited
in a post office in Canada.
7.02 Freedom of Information: Pursuant to the Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, the
Contractor acknowledges that this Agreement to be provided by the Contractor to
the Municipality, are subject to the same Act. If the Contractor wishes to
maintain confidence on any document submitted, it must stipulate at the time that
the document is submitted, that it is being submitted in confidence. The
Municipality will not be responsible to the Contractor for the release of any
information given without claim to confidentially.
8.0 Termination
8.01 Termination by the Municioality: The Contractor agrees that upon breach
by it (or by persons for whom it is lawfully responsible) of any of the express or
implied terms and conditions of this Agreement, the Municipality may, in addition
to any other remedy available at law, terminate this Agreement. Upon receipt by
the Contractor of a notice of termination, this Agreement shall be considered
terminated.
8.02 Return of Information: On the termination of this Agreement, the
Contractor shall return within 24 hours and at its own expense all documentation,
identification, forms and literature provided by Clarington for the purposes of
carrying out the work of this contract.
8.03 Termination by the Contractor: In the event that the animal licencing
program becomes unprofitable to the Contractor, it may, upon fourteen (14) days
notice in writing to Clarington, terminate this Agreement and discontinue the
door-to-door sales of licences.
9.0 Definitions
Soliciting "Door-to-Door" means soliciting each single dwelling unit on
every urban and rural street within the Municipality of Clarington.
A "Single Dwelling Unit" is each private home (whether single or semi
private), each private apartment (whether within a private home or
apartment building), each townhouse, or each unit in a group dwelling.
1 1 2
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The sale of a Licence is not completed unless and until the following has
taken place: an explanation to the pet owner of the benefits of having a
licence, the completion of all appropriate papelWork, the transfer of
monies, the delivery of the licence to the pet owner, and the delivery of the
papelWork to the Clarington Animal Shelter as per Articles 3.03 and 3.04.
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Signed in Triplicate on the 17th day of March, 2003.
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ANIMAL LICENCING SERVICES INC.
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Name:Mark Stewart
Title:
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(INJe have the authority to bind the
Corporation)
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The Corporation of the
Municipality of Clarington
Mayor
Municipal Clerk
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REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MARCH 3, 2003
Report #: CLD-11-03
File #:
By-law #:
Subject:
ONTARIANS WITH DISABILITIES ACT, 2001
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 ) THAT Report CLD-11-03 be received;
2) THAT the Terms of Reference attached hereto as Attachment No.1 be adopted
as the Terms of Reference of the Clarington Accessibility Advisory Committee;
3) THAT the Municipal Clerk be authorized to place an advertisement in the local
media seeking applications for the Clarington Accessibility Advisory Committee;
and
4 ) THAT Evylin Stroud, Keith Kelly and those individuals who attended the public
meeting be advised of Council's decision.
Submitted by:
\--"
(/)~~~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1 i 1 4
REPORT NO.:CLD-11-03
PAGE 2 of 3
BACKGROUND AND COMMENT
On September 9,2002, Council received Report CLD-37-02 which outlined the Municipality's
responsibilities under the Ontarians with Disabilities Act, 2001. The report outlined that,
among other things, an Accessibility Advisory Committee must be established to assist the
Municipality with identifying and taking steps to reduce barriers experienced by persons with
disabilities.
Report CLD-46-02 advised Council that the Region, in conjunction with area municipalities,
intended to host a series of public meetings to solicit input from various organizations and
individuals representing those with disabilities on the best approach to create and establish the
committee.
The joint meeting with Clarington was held Saturday, November 2,2002 at the Courtice
Community Complex.. Six members of the public, four Regional staff members and one staff
member from Clarington attended this meeting. Although the attendance was not as large as
had been hoped, a great deal of valuable information was shared. Staff are still engaged in
ongoing dialogue with the Region and area municipalities in order to share information and to
determine if there are any areas of potential partnerships.
Terms of Reference
Terms of Reference for the committee have been drafted and are included as Attachment
No.1. The Terms of Reference are designed to set out the mandate, roles and responsibilities
of the Clarington Accessibility Advisory Committee, committee composition and committee
administration. It is suggested that the Committee be comprised of seven members. In
accordance with the Act, a majority of the members must be individuals with disabilities. It is
recommended that the remainder of the committee be comprised of one member representing
individuals interested in issues related to persons with disabilities, one member (preferably a
parent) representing children with disabilities and one member of Council.
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REPORT NO.:CLD-11-03
PAGE 3 of 3
Financial Implications
The public meetings held throughout the Region highlighted the challenges that many disabled
people encounter in their day-to-day lives. Sign language translation, captioning services or
materials/agendas printed in Braille may be required depending on the needs of the individual
appointees. Any substantial financial impacts will be brought forward with the development of
the annual accessibility plan.
Conclusions
It is staff's recommendation that the Terms of Reference be adopted and that the Municipal
Clerk advertise for interested individuals to sit on the Committee. Following the expiration of
the application deadline, the applications will be forwarded to Council for the appointments to
be made.
Interested parties to be advised of Council's decision:
Ms. E. Stroud
89 Little Avenue
Bowmanville, Ontario
L 1 C 1 J9
Mr. K. Kelly
75 Liberty Street North
Bowmanville, Ontario
L 1 C 2L8
Walter and Laura Zutell
114 Concession Street East
Apartment 20
Bowmanville, Ontario
L 1C 4Y7
Bud Lambert
4074 Courtice Road North
Bowmanville, Ontario
L1 C 3K4
Pat Rundle
63 Concession Street West
Bowmanville, Ontario
L1C 1Y7
Ben Chartier
Handi- Transit
44 William Street West
Oshawa, Ontario
L 1 G 1 J9
Gerald Jessup
1451 Trulls Road
Courtice, Ontario
L 1 E 2S3
1 1 6
Attachment No. 1 to Report CLD-11-03
TERMS OF REFERENCE
CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE
1. PREAMBLE
It should be noted that the contents of this Terms of Reference may be modified at a
later date due to the future release of Provincial Regulations of the Ontarians with
Disabilities Act, 2001. Portions may also be impacted by the outcome of the
recommendations of the Clarington Accessibility Advisory Committee.
2. DEFINITIONS
Within this Terms of Reference the term:
"barrier" means anything that prevents a person with a disability from fully participating
in all aspects of society because of his/her disability, including a physical barrier, an
architectural barrier, an information or communication barrier, a technological barrier, a
policy or practice (obstacle) (examples are attached as Appendix "A").
"disability" means:
a) any degree of physical disability, infirmity, malformation or disfigurement that is
caused by bodily injury, birth defect or illness and, without limiting the generality
of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree
of paralysis, amputation, lack of physical co-ordination, blindness or visual
impediment, deafness or hearing impediment, muteness or speech impediment,
physical reliance on a guide dog or other animal, reliance on a wheelchair or
other remedial appliance or device;
b) a condition of mental impairment or a developmental disability;
c) a learning disability, or a dysfunction in one or more of the processes involved in
understanding or using symbols or spoken language;
d) a mental disorder; or
e) an injury or disability for which benefits were claimed or received under the
insurance plan established under the Workplace Safety and Insurance Act,
1997.
"Municipality" refers to the Corporation of the Municipality of Clarington and may refer to
any agency or board, to be determined subject to the upcoming release of the
Provincial Regulations to the Ontarians with Disabilities Act, 2001.
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Terms of Reference - Accessibility Advisory Committee
Page 2
3. MANDATE
The Clarington Accessibility Advisory Committee shall advise and assist the
Municipality in developing and facilitating strategies toward a barrier-free Clarington for
citizens with disabilities. This aim shall be achieved through the review of Municipal
policies, programs and services and the identification, removal and prevention of
barriers faced by persons with disabilities.
4. MUNICIPAL REQUIREMENTS
The Municipality must develop an annual Accessibility Plan based on the advice
received from the Committee which shall address the identification, removal and
prevention of barriers to persons with disabilities. Specifically, the plan shall include the
following:
a)
a report on the steps the Municipality has taken to identify, remove and prevent
barriers to people with disabilities;
b)
a description of the measures in place to ensure that the Municipality assesses
its proposals for by-laws, policies, programs, practices and services for potential
barriers;
c)
a list of by-laws, policies, programs, practices and services the Municipality will
review in the coming year to identify barriers;
d)
a description of the measures the Municipality intends to take in the coming year
to identify barriers; and
e) all other information required by the regulations.
The Municipality must secure the advice of the Committee for any building, structure or
premises which is proposed for purchase, construction or significant renovation, or
which is leased by the Municipality.
The Municipality must also have regard for persons with disabilities in the purchase of
goods or services for its own use, employees or the public.
The Committee shall report to Council and shall be responsible for the following:
a) participating in the preparation and implementation of an annual Accessibility
Plan in accordance with the requirements set out in Section 4;
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Terms of Reference - Accessibility Advisory Committee
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b) advising on the implementation of the effectiveness of the annual Accessibility
Plan to ensure that it addresses the identification, removal and prevention of
barriers to persons with disabilities within Municipal by-laws, policies and
services;
c) reviewing buildings, structures and premises which are purchased, constructed,
significantly renovated or leased by the Municipality in terms of their access for
persons with disabilities;
d) selecting and reviewing, in a timely manner, the site plans and drawings for new
development, described in Section 41 of the Planning Act;
e) reviewing and monitoring existing and proposed procurement policies to ensure
that goods and services are accessible to persons with disabilities;
f) providing a forum for persons with disabilities to raise issues and concerns;
g) reviewing and monitoring existing and proposed policies such as public works
policies and standards (eg. sidewalks, snow removal, etc.) to ensure respect for
the accessibility of persons with disabilities; and
h) co-ordinating the immediate and ongoing dissemination of information to the
disabled community and the public at large regarding issues faced by persons
with all types of disabilities and regarding the work undertaken by the
Committee.
Council may also wish to assign other roles and responsibilities to the Committee as
local conditions warrant; however, Council must ensure that the committee does not
take on so much other work that it cannot fulfill its statutory obligations. Some
examples of additional services Council could delegate would be:
monitoring federal and provincial government directives and regulations
conducting research on accessibility issues
liaising with other municipalities on accessibility issues
providing public forum workshops on accessible communities
undertaking public speaking and public education activities
liaising with local stakeholder groups on accessibility issues.
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Terms of Reference - Accessibility Advisory Committee
Page 4
5.
COMMITTEE COMPOSITION
The Committee shall be comprised of seven (7) members of which four (4) members
shall be persons with disabilities, one (1) member at large interested in issues related to
persons with disabilities, one (1) member (parent) representing children with disabilities
and one (1) member of Council to provide continuity between the Committee and
Council.
Persons serving as an attendant for a person(s) with a disability may attend meetings of
the Committee only for the purpose of providing assistance to the person(s) with a
disability. Attendants shall not participate in discussions on their own nor shall they
vote.
6. RESOURCE SUBCOMMITTEES
.. The Committee may form subcommittees'and working groups as may be necessary to
address specific issues. These subcommittees may draw upon members from the
~ Committee as well as outside resource members (such as Seniors Groups, Health Care
'-- etc.) as deemed necessary. The Chairperson of a subcommittee and/or working group
shall be a voting member of the Committee.
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7.
STAFF SUPPORT
The Committee will receive administrative support from the Municipal Clerk's
Department. This will include the recording of minutes, the preparation of agendas,
support necessary to convene a meeting and other support as may be required from
time to time.
A staff team to support the Committee and to assist in the preparation of the
Accessibility Plan is necessary. Representation from each department will be
necessary .
8.
LENGTH OF TERM
The length of term for Committee members will be three years, corresponding with the
term of Council, or until their successors are appointed. A Committee member may
have their membership renewed by Council for a further three year term but may not
serve longer than six consecutive years.
The length of term for the Inaugural Committee shall commence in 2003 and continue
until December 2006.
11 20
Terms of Reference - Accessibility Advisory Committee
Page 5
9. CHAIRPERSON
A Chairperson will be elected from Committee members on an annual basis at the first
meeting of the new year to preside over meetings and committee business. The
Council representative shall Chair the first meeting of the Committee.
10. FREQUENCY OF MEETINGS
The Committee will meet once every two (2) months at the Municipal Administrative
Centre, 40 Temperance Street, Bowmanville. The meeting schedule shall be
established by the Committee at its inaugural meeting. Additional meetings may be
required based on the requirements to review site plans and complete an annual
accessibility plan in a timely manner.
All meetings of the Committee shall be open to the public. As a formal advisory
committee to Council, the Committee is subject to the Municipality of Clarington
Procedural By-Law.
11. QUORUM
A quorum shall consist of not less than 50% + 1 of the voting members.
Meetings can be held without a quorum present; however, a quorum will be required for
voting purposes.
12. DELEGATIONS AT COMMITTEE MEETINGS
Any person(s) wishing to appear before the Committee as a delegation must submit a
request to the Municipal Clerk's Department, advising of the topic or item to which they
wish to speak. All requests for delegations must be received at least one week prior to
the meeting to ensure that the delegation is included in the agenda. Any person
wishing to address the Committee as a delegation, who has not previously arranged to
do so, may be granted permission to do so only by Committee resolution. All
delegations will be limited to 10 minutes.
13. MINUTES AND AGENDAS
The minutes of each Committee meeting will be amended as necessary and approved
at the following meeting. The unapproved minutes will be included in the next regularly
scheduled Council Meeting.
The Committee agendas will be prepared by the Municipal Clerk's Department, with
input from the Committee Chair.
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Terms of Reference - Accessibility Advisory Committee
Page 6
I
L. 14. COMMITTEE RESOLUTIONS
f Recommendations are "carried" only if supported by a majority. Only recommendations
... as they appear in the adopted Minutes may be considered as officially representing the
position of the Committee.
fe,
a.. 15. ABSENCES
1 If a Committee member is absent for three consecutive meetings, they have forfeited
I.. their membership unless their absence is justifiable.
, 16. CONFLICT OF INTEREST
L.
A conflict of interest may arise for Committee members when their personal business
interests clash with the duties and decisions of the Committee. Municipal conflict of
... interest requirements as defined by legislation will apply to the Committee members.
17. ANNUAL REPORTS AND WORK PLAN
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An annual report summarizing the activities completed in the previous year shall be
prepared by the Committee. The annual report shall be presented to Council.
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An annual work plan with an estimate of the resources necessary and any suggested
revisions to the Terms of Reference for the coming year shall also be prepared by the
Committee for approval by Council.
! 18. COUNCIL ROLE
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Council may review the composition of the Committee to ensure that it is representative
of persons with disabilities and is working effectively. Council can, with or without the
advice of the Committee, make changes to membership composition to ensure the
Committee's effectiveness.
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Terms of Reference - Accessibility Advisory Committee
Page 7
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Appendix "A"
Disability Barriers
Barrier Type Example
Physical A door knob that cannot be operated by an elderly person with
limited upper-body mobility and strength.
Architectural A hallway or door that is too narrow for a wheelchair or scooter.
Informational Typefaces that are too small to ready by a person with low vision.
Communicational A professor who talks loudly when addressing a deaf student.
Attitudinal A recreation swimming program which discourages people with
developmental disabilities from participating.
Technological Information on a municipal Web site which cannot be accessed
by a person who is blind who has reading software for a
computer.
Policy/Practice A practice of announcing important messages over an intercom
that people with hearing impairments cannot hear clearly.
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Cl~!i_n
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Resolution #:
March 03, 2003
Report #: COD-006-03 File #:
By-law #:
Subject:
PUBLIC SECTOR SALARY DISCLOSURE ACT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-006-03 be received for information;
/]
Submitted bY:~ 'if?
arie Marano
Director of Corporate Services
O~\ ~J22_ G~'7c
Reviewed by:
Franklin Wu
Chief Administrative Officer
MM*ca
120 1
REPORT NO.: cOO.QOe.Q3
PAGE 2
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BACKGROUND AND COMMENT
1. On January 29, 1996, the Ontario Legislature passed the Public Sector Salarv
Disclosure Act. This Act requires the Municipality to disclose annually the names,
positions, salaries and taxable benefits of employees paid $100,000 or more a
year.
2. In 2002, employees paid a salary, as defined in the Public Sector Salary
Disclosure Act, 1996, of $100,000 or more by the Municipality of Clarington were
as follows:
Name Position Salary Paid Taxable
Benefits
Franklin Wu Chief $156,048.85 $886.98
Administrative
Officer
Marie Marano Director of $120,959.39 $900.61
Corporate
Services
Joseph Caruana Director of $108,946.43 $809.09
Community
Services
Michael Creighton Director of $101,944.54 $749.29
Emergency
Services
3. It is important to note that the basic pay is the gross salary before statutory
deductions for tax, C.P.P., EI, etc.
4. The Municipality is required to submit this information to the Ministry of Municipal
Affairs and Housing and to include the information in the Municipality's annual
financial statements.
5. The Ministry of Finance will prepare, for public release on April 1st, a
compendium of records of all employees in the Province whose salaries are
disclosed.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506
l2'D2
HANDOUTS/CIRCULA TIONS
GPA
Cl!JLfflgron
MEMO
CLERK'S DEPARTMENT
To:
Mayor Mutton and Members of Council
From:
Donna MacKay, Clerk 11
Date:
February 27, 2003
Subject:
REVISED FRONT PAGE OF GENERAL PURPOSE AND
ADMINISTRATION COMMITTEE AGENDA
Please find attached, a revised front page of the agenda for the General Purpose and
Administration Committee meeting to be held on Monday, March 3, 2003.
//
... ,/
J. j... ~//~<-----
" ------;
Donna MacKay, Clerk 11
/dm
attachment
cc: F. Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
CI!ll-!JJgron
REVISED
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
MARCH 3, 2003
9:30 A.M.
TIME:
PLACE:
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of February 24, 2003
301
4a. PRESENTATION
(a) Tom Cameron, Inspector, 16th Division, Durham Regional Police
- re: Village Constable Program
4b. DELEGATION
No delegations have been scheduled.
5. PUBLIC MEETING
No Public Meetings have been scheduled.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
T om Cameron
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15,924 16,661 +4.6% + 30%
154,806 166,369 +7.5% +22%
6,628 6,789 + 2.4%
5,331 5,224 - 2.0%
2,880 2,968 - 3.1%
1,085 1,680 + 54.8%
2001 2002 'loCh, (Region)
~ ~
312 299 -4 (-6)
68 86 +26 (-14) 628 678
12 +7 (+ 2)
27 + 125 (+ 9)
227 205
45 57 + 26 (+ 22) - 9 (- 2)
389 249 .35 (-17) 8 4 - 50 (- 25)
428 513 +19 (+ 10) 337 286 -15 (- 5)
97 174 + 79 (+ 25) 10 5 - 50 (- 38)
491 553 + 12 (- 7)
130 140 +7 (+ 38)
789 667 -15 (- 8)
OPERA TIONAL PLANNING
T om Cameron
Crimes Aaainst ProDertv
Clarington Region Clarington Region
21% 16% 88% 88%
15% 13% 95% 89%
14% 17% 44% 45%
16% 16% 91% 91%
53% 54-/0 76% 62%
39% 43% 84% 81%
2003
PI PI
1'1 SIIINSei'IJ"'l'l1 1'1
'" Deteetfy.s.rgMnt 1'1
'" Pl.toonSefgeents '"
o."'eltv.. '"
111 ARU C~III~ PI
PI T,.mc:s..,.tyOl'fi~ PI
1'1 Village c.on.llltl1e (......call.) 1'1
1'1 Youth O1'fIQtf 1'1
111 HlghSehoolOffl~ 1'1
111 Elfineotary SchOO Offlcef PI
(33) T.rgeITufT' '"
1" Pl.toonConStab,es ,."
1'1 Crime ANI~1 (Clvili.llnl 1'1
Ca.r.ICMlillnl 1'1
.. SlIIlion ~'"Cll' lCI\lU~1 PI
, lolalPolice "
Toeal Civilian: 3
OPERATIONAL PLANNING
')
T om Cameron
~
Constables (Days)
Constables (Nights)
MANDATORY TRAINING & CERTIFICATION
Criminal Justice Act
m-Orienled Policing
s
Weapons
I Weapons
ct Apprehension Pursuit
, :;;-:>',~L'.
OPERATIONAL PLANNING
Secondary Duties
. Public Order Unit
. Underwater Recovery
. Air S uppor! Unit
. Major Crime Branch
. Regional R.1.D.E.
. Human Resources
. Regional Traffic Blitz
. Joint Projects &
Committees
""".~"c... .",
Tom Cameron
y Planning
ce Community Policing Centre
0400 Shifllmplementation
Analysis
ence-Ied Directed Patrols
isibility Patrol
Criminal Justice Act Implementation
m-Oriented Policing Implementation
unity Policing Committees
Constable Program
OPERA TIONAL PLANNING
4