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Home My WebLink About11/18/2002 - - ClfJl!lJgtDn - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: NOVEMBER 18, 2002 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 November 4,2002 301 - 4a. PRESENTATION - (a) Cynthia Strike, Planning Services Department, Municipality of Clarington - re: Telecommunications Towers - 4b. DELEGATIONS (a) Helena Brasz, 1705 Ovens Road North, Newtonville, LOA 1 JO - - re: Report PSD-118-02 (b) Louise Martin, 15 Maple Street, Haydon, L 1 C 3K2 - re: Report PSD-119-02 (c) Bev Cochrane, 61 Maple Street, Haydon, L 1 C 3K2 - - re: Report PSD-119-02 (d) Robert Martin, 15 Maple Street, Haydon, L 1 C 3K2 - - re: Report PSD-119-02 (e) Linda Gasser, P.O. Box 399, Orono, LOB 1 MO - re: 407 East Completion - Environmental Assessment Process - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - .. G.P.& A. Agenda - 2 - November 18, 2002 .. 5. PUBLIC MEETING .. (a) Rezoning Application Applicant: Marlene Spruyt ... REPORT PSD-115-02 501 6. PLANNING SERVICES DEPARTMENT ... (a) PSD-115-02 - Rezoning Application Applicant: Marlene Spruyt 601 ... (b) PSD-116-02 - Policies for New Telecommunications Antenna and Towers 609 .. (c) PSD-117-02 - Rezoning Application Applicant: Lakeland Associates Ltd. 626 .. (d) PSD-118-02 - Proposed Draft Plan of Subdivision Application Applicant: D. G. Biddle & Associates on Behalf of .- 1419345 Ontario Limited 635 (e) PSD-119-02 - Rezoning and Land Division Committee Applications .- Applicant: Louise and Robert Martin Part Lot 14, Concession 8, Former Township of .. Darlington, 15 Maple Street, Haydon 650 (f) PSD-120-02 - Referral No.5 and Related Appeals to the Clarington Official Plan 665 .. (g) PSD-121-02 - Confidential Report - Property Matter (distributed under separate cover) ... 7. ENGINEERING SERVICES DEPARTMENT ... (a) EGD-49-02 - Trail Opportunities 701 .. (b) EGD-50-02 - Monthly Report on Building Permit Activity for October, 2002 714 .. 8. OPERATIONS DEPARTMENT No Reports .. .. .. .. - G.P.& A. Agenda - 3 - November 18, 2002 - 9. EMERGENCY SERVICES DEPARTMENT - (a) ESD-023-02 - Monthly Response Report - October, 2002 901 (b) ESD-024-02 - Volunteer Firefighter Replacement 904 - 10. COMMUNITY SERVICES DEPARTMENT - No Reports 11. CLERK'S DEPARTMENT - (a) CLD-49-02 - Implementation of New Parking Enforcement Equipment 1101 - (b) CLD-50-02 - Animal Services Monthly Report for the Month of October, 2002 1106 - (c) CLD-51-02 - Municipal Election - 2003 1109 - (d) CLD-52-02 Parking Report for October, 2002 1112 - (e) CLD-53-02 - Appointment of Private Property Parking - Enforcement Officers and Repeal of By-law 94-106 1115 - (f) CLD-54-02 Appointment of Operations Staff as Parking - Enforcement Officer 1119 - 12. CORPORATE SERVICES DEPARTMENT - (a) COD-53-02 - Rink Board Signs 1201 (b) COD-54-02 - Co-operative Agreement - Direct Purchase of - Natural Gas 1204 (c) COD-55-02 - Co-operative Tender T02-20, Domestic Fuel Oil - 2002/2003 1217 (d) COD-56-02 - Fair Wage Schedule 1220 - (e) COD-57 -02 - RFP2002-13, Consulting Services, Ontario Power Generation Inc., Used Dry Fuel Storage Facility, - Environmental Association 1223 .. .. G.P.& A. Agenda - 4 - November 18, 2002 .. 13. FINANCE DEPARTMENT .. (a) FND-017-02 - Revision to the Municipal Investment Policy 1301 .. (b) FND-018-02 - Appointment of Auditors 1313 ... (c) FND-019-02 - Cash Activity Report - Third Quarter 2002 1316 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ... No Reports .. 15. UNFINISHED BUSINESS 16. OTHER BUSINESS ... 17. ADJOURNMENT ... ... .. .. ... ... .. .. .. .. .. - - THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee November 4, 2002 - - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 4, 2002 at 9:30 a.m., in the Council Chambers. ROLL CALL - Present Were Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim - - Also Present: Chief Administrative Officer, F. Wu Municipal Clerk, P. L. Barrie Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, M. P. Knight Stanley - - - Mayor Mutton chaired this portion of the meeting. - DISCLOSURE OF PECUNIARY INTEREST - There were no disclosures of pecuniary interest stated at this meeting. MINUTES .. Resolution #GPA-416-02 Moved by Councillor Schell, seconded by Councillor Robinson - THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on October 21, 2002 be approved. - "CARRIED" - Mayor Mutton announced the introduction of the Student Page program where the students will be attending the Municipal Administrative Centre to assist with the set up of the Council Chambers for the meeting. The Student Pages also attend the meeting and assist with distribution of materials to the Members of Council and staff. - - I 301 - G.P. & A. Minutes DELEGATION PUBLIC MEETINGS - 2 - November 4, 2002 ... Mayor Mutton presented a certificate of appreciation to the municipality's first two Student Pages, Jamie Dickey and Sandy Hess. ... Councillor Trim advised that the Regional Works Committee gave a tour of Regional roads which lasted approximately five to six hours. He noted that there is a new Regional process in the works pertaining to blue box and kitchen waste recycling. He announced that the Regional Health and Social Services Department's No Smoking By-law is ready for presentation to Regional Council. Councillor Trim stated that he will be inviting the two Regional Works delegates who made a presentation before Regional Council regarding biosolids to do the same for the Municipality of Clarington. .. ... .. .. There were no delegations scheduled for this meeting. Councillor Schell chaired this portion of the meeting. .. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: ... (a) Zoning Application Applicant: Great Canadian Town Band Festival .. (b) Rezoning and Site Plan Applications Applicant: 1413350 Ontario Limited .. The Planning Services Department sent public notice for the rezoning applications, by first class mail on or before October 4, 2002 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. A public notice was also posted on the properties in question on or before October 4, 2002. The notice procedure followed is in compliance with Ontario Regulations made under the Planning Act. .. .. (a) Report PSD-108-02 - Zoning Application - The purpose and effect of the application is to rezone the property to permit an annual band festival for a maximum of 3 years. .. .. No one spoke in opposition to or in support of this application. David Climenhage, Great Canadian Town Band Festival, P.O. Box 337, Orono, LOB 1 MO advised that it is his intention to establish a major band festival in the Municipality of Clarington. In spite of the bad weather this year, 2,500 people attended the event and no concerts were cancelled due to the inclement weather. He is pleased to announce that a surplus of $14,000. was generated and $12,000. will be repaid to the Municipality of'Clarington. It has been suggested to him that a traffic report be undertaken and other traffic issues have been raised. He stated that, unfortunately, the recommended solution is financially prohibitive, including the request for a cash contribution which is well beyond the band's ability to finance. He noted that the owners of the land offered this beautiful site free of charge to the participants and the site is a treasure to the community. ... .. .. IIIlIIl 1302 ... ... G.P. & A. Minutes - 3 - November 4, 2002 - PUBLIC MEETINGS (CONT'D.) - - (b) Report PSD-109-02 - Rezoning and Site Plan Applications - The purpose and effect of the application is to permit the development of a drive-through facility. No one spoke in opposition to or in support of this application. The applicant was present to answer questions from Members of the Committee. - PLANNING SERVICES DEPARTMENT - Rezoning Application Resolution #GPA-417-02 Applicant: Great Canadian Band Movedby Councillor Robinson, seconded by Councillor Rowe Festival - - - .. Rezoning and Site Plan Applications Applicant: 1413350 Ontario Limited ZBA 2002-029 and SPA 2002-042 .. - - .. .. Monitoring of the Decisions of the Committee of Adjustment - - - .. THAT Report PSD-1 08-02 be received; THAT the rezoning application submitted by David Climenhage on behalf of the Great Canadian Town Band Festival be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-1 08-02 and any delegations be advised of Council's decision. "CARRIED" Resolution #G P A-418-02 Moved by Councillor Rowe, seconded by Mayor Mutton THAT Report PSD-109-02 be received; THAT the development applications, submitted by 1413350 Ontario Limited, be referred back to staff for further processing and the preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PSD-109-02 and any delegation be advised of Council's decision. "CARR I ED" Resolution #G P A-419-02 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-110-02 be received; and THAT Council concur with decisions of the Committee of Adjustment made on October 24,2002 for applications A2002/021, A2002/040 and A2002/065 to A2002/067 inclusive and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. "CARRIED" 1303 G.P. & A. Minutes - 4 - i ~ November 4, 2002 PLANNING SERVICES DEPARTMENT CONT'D. Removal of Part Lot Control Applicant: Green Martin Holdings Ltd. Application for Removal of Holding Symbol Applicant: 1064055 Ontario Limited Sign By-law Amendment Appl. Applicant: Baywood Homes III Resolution #GPA-420-02 Moved by Councillor Pingle, seconded by Councillor MacArthur .. THAT Report PSD-112-02 be received; THAT the request for removal of Part Lot Control in respect of Lots 91, 93, 99, 101 to 109 and 112, all inclusive on Plan 40M-2005 be approved and that the Part Lot Control By-law attached to Report PSD-112-02 be passed pursuant to Section 50(7.1) of the Planning Act; and .. ... THAT all interested parties listed in Report PSD-112-02 and any delegations be advised of Council's decision. .. "CARR I ED" Resolution #GPA-421-02 .. Moved by Councillor Trim, seconded by Councillor Pingle THAT Report PSD-113-02 be received; .... THAT the application submitted by Mr. Kelvin Whalen on behalf of 1064055 Ontario Limited to remove the Holding (H) symbol for Draft Plan of Subdivision 18T-90032 be approved; .... THAT the By-law attached to Report PSD-113-02 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham Planning Department; and ... THAT all interested parties listed in Report PSD-113-02 and any delegations be advised of Council's decision. .. "CARRI ED" .. Resolution #GPA-422-02 Moved by Councillor Robinson, seconded by Councillor Trim ... THAT Report PSD-114-02 be received; THAT the sign by-law amendment application submitted by Baywood Homes to permit an 8.92 square metre promotional construction sign be approved; .. THAT the amending by-law attached to Report PSD-114-02 be approved by Council; and ... THAT all interested parties listed in Report PSD-114-02 and any delegation be advised of Council's decision. i' .. "CARRIED" .. ., 1304 IIIlII .. G.P. & A. Minutes - 5 - November 4, 2002 - Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT - - Monthly Report on Building Permit Activity for September, 2002 Resolution #GPA-423-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Report EGD-45-02 be received for information. - "CARRIED" - By-laws regulating Vehicle Weight on Bridges Resolution #GPA-424-02 Moved by Councillor Robinson, seconded by Councillor Rowe THAT Report EGD-48-02 be received; - - THAT regulatory weight restriction signing be posted as per the Ontario Traffic Manual at bridges, at the prescribed weight limits, as recommended during Engineering Inspections and detailed in Report EGD-48-02; and - THAT the by-laws attached to Report EGD-48-02 (Attachment Nos. 3 to 11) be passed by Council and forwarded to Totten Sims Hubicki Associates for completion of the Engineers Statement, being Schedule "A" to each by-law. - "CARRIED" OPERATIONS DEPARTMENT - There were no items considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. - EMERGENCY SERVICES DEPARTMENT - Clarington Emergency Resolution #GPA-425-02 Plans Moved by Councillor Schell, seconded by Councillor Rowe - THAT Report ESD-022-02 be received for information. "CARRIED" - Councillor Pingle chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT - There were no items considered under this section of the agenda. - - '305 - G.P. & A. Minutes - 6- November 4, 2002 .. CLERK'S DEPARTMENT .. Fundraising for The Clarington Animal Shelter Resolution #GPA-426-02 Moved by Councillor Rowe, seconded by Councillor Schell ... THAT Report CLD-48-02 be received for information; and THAT Thomas Sheehan, Pet Valu and Pat Livingston be acknowledged and thanked for their generous donations. .. "CARRIED" .. Resolution #GPA-427-02 Moved by Mayor Mutton, seconded by Councillor Schell .. THAT the committee recess for fifteen minutes. "CARRIED" ... The meeting reconvened at 10:40 a.m. IIIlIIl Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT ... CL 2002-30, Splash Pad Renovations, Orono Park Resolution #GPA-428-02 Moved by Councillor Trim, seconded by Councillor Robinson IIIlIIl THAT Report COD-052-02 be received; .. THAT Jeffrey G. Wallan's Construction Ltd., Brighton, Ontario with a total bid in the amount of $47,133.50 (Including G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2002-30, be awarded the contract for the Splash Pad Renovations, Orono Park; .. THAT the funds required in the amount of $30,000.00 be drawn from the Engineering Capital Account #7603-00100-0516; .... THAT the additional funds in the amount of $27,000.00 ($47,133.50 less GST rebate, plus design, plus contingency less $30,000.00 Budget Account #7603-00100-0516) be drawn from the Public Works Parks Capital Reserve Fund and processed through Account #7603-00100-0516; and ... ... THAT the by-law marked Schedule "A" attached to Report COD-052-02 authorizing the Mayor and the Clerk to execute the necessary agreement be approved, FORTHWITH. .. "CARRIED" ... FINANCE DEPARTMENT There were no items considered under this section of the agenda. ... 1306 .. - G.P. & A. Minutes - 7 - November 4, 2002 - CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Resolution #GPA-429-02 - Business Retention and Expansion Program - - - - UNFINISHED BUSINESS - OTHER BUSINESS - - Moved by Councillor Schell, seconded by Councillor Rowe THAT Report ADM-07-02 be received; THAT Council approve an expenditure of $3,750.00 as the Municipality's 50% contribution toward the purchase of the Business Retention and Expansion Program kit and that the said funds be drawn from Industrial/Economic Development Reserve Fund Account 1110-163-X; and THAT the Clarington Board of Trade be advised of Council's decision. "CARRIED" There were no items considered under this section of the agenda. A document dated November 8, 2002 from Doug Moffatt, Mayor of the Township of Scugog, on behalf of Durham Region area Municipalities was circulated pertaining to the submission to the Federal Electoral Boundaries Commission for Ontario for the Regional Municipality of Durham Area. Federal Electoral Resolution #GPA-430-02 Boundaries Commission For Ontario Moved by Councillor Schell, seconded by Councillor MacArthur - - - - Bed and Breakfast Zoning By-law - - - .. .. THAT the document dated November 8,2002 from Doug Moffatt, Mayor of the Township of Scugog, on behalf of Durham Region area Municipalities, pertaining to the submission to the Federal Electoral Boundaries Commission for Ontario for the Regional Municipality of Durham Area, be endorsed by the Municipality of Clarington, FORTHWITH. "CARRI ED" Resolution #GPA-431-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT staff report on the procedure to amend the municipality's zoning by-law to allow for the establishment of Bed and Breakfasts in the Municipality of Clarington. "CARRIED" Resolution #GPA-432-02 Moved by Councillor Rowe, seconded by Councillor Pingle THAT the meeting be "closed" to allow for consideration of a personnel matter. I 3 0 7 "CARRIED" GP. & A. Minutes - 8 - November 4, 2002 .. OTHER BUSINESS CONT'D. Resolution #GPA-433-02 Moved by Councillor Rowe, seconded by Councillor Trim THAT the actions taken at the "closed" meeting be ratified. "CARRIED" ADJOURNMENT Resolution #GPA-434-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 11 :05 a.m. "CARRIED" llIIIi lIlIIIiI IIlIIIIl .. .. .. .. MAYOR .. DEPUTY CLERK '308 .. .. .. .. ... ... .. filii .. ... - - - - - - - - - - - - - - - - - - - PUBLIC MEETING PSD-1l5-02 MARLENE SPRUYT CJg[mgfOn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING Development Application by: Marlene Spruyt AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW l' TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consiCfer a propbsed Zoning By-law Amendment under Section 34 and Section 39 (1) of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File No.: ZBA 2002-031 The proposed Zoning By-law amendment submitted by Marlene Spruyt, would change the zone category of a 0.35 ha (0.86 acre) property from "Hamlet Commercial Exception (C3-5) Zone" to an appropriate :zone to permit a veterinary clinic. The subject property is located in Part Lot 28, Concession 5, former Township of Clarke, (as shown on the reverse). PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed Amendment. The public meeting will be held on: Monday, November 18, 2002 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: IF YOU cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, November 25, 2002, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday, noon, November 20,2002 to have your name appear on the agenda. COMMENTS OR QUESTIONS? If you wish to make a written submissicn or if you wish to be notified of subsequent meetings or the adoption of the proposed amendment, you must submit a written request to the Director of Planning Services at the address shown below. A Zoning By-law Amendment adopted by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Allison Ruddock at (905) 623-3379, extension 326 or bye-mail at aruddock@municipality.c1arington.on.ca. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed amendment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. the Municipality of Clarington this 16th day of October, 2002. 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 'SOl Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 50.583 :K::_--~---,-.-r:-":._~!.l' " -'lll J{-. i. --.-.uU.L----...:-i-=~-=:tI-,....~r" .EX LP __ . N.. EXIST/Nt; , STOREY BR'CK SU'LDIN(; y 8.~ ,/ L.,_ _') :il . .. .15 ,,; 1 .50 c 8.30 EX/S"'" ,------1 I I I DtISrIIC TILE lED , I I I I I I I. I L______J !' I I - ... ;... I ! z .. 5 5.00 ~ i j " !i g 1 ~ ! g I .. lIIlIIi ... ~- ~ , ... . \ , , \ . . \ . . \ . . . \ . . \ I \ . i . , I . , - I , ... IIII1iI .. ... IIIIIii ..IIi . 1 : I .. N 7".7'3Q'E IIIIIii COBBLED I CK STREET ~ \ ~ I Orono Key Map :'ool \' IIIIIii JIlIIIl ... ZBA 2002-031 Zoning By-law Amendment .. Owner: Marlene Spruyt ..l '502 .. ... - .. Cl~glOn REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ill! Date: Monday, November 18,2002 - Report #: PSD-115 -02 File #: ZBA 2002-031 By-law #: - Subject: REZONING APPLICATION APPLICANT: MARLENE SPRUYT - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. .. 2. - THAT Report PSD-115-02 be received; THAT the rezoning application submitted by D.G. Biddle & Associates Ltd. on behalf of Marlene Spruyt be APPROVED and the by-law be passed as contained in Attachment 2; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - - Submitted by: _ D vid . Crome, M.C.I.P.,R.P.P. Director, Planning Services ""'.) /~-IJ.~ eL~L Reviewed by:J ' Franklin Wu Chief Administrative Officer ,. AR*RH*L T*DJC*df November 12, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - 601 - REPORT NO.: PsD-115-02 PAGE 2 filii 1.0 APPLICATION DETAILS 1.1 Applicant: Glenn Genge with D.G. Biddle & Associates Ltd. 1.2 Owner: Marlene Spruyt 1.3 Rezoning: To rezone the property from "Hamlet Commercial Exception (C3-5) Zone" to an appropriate commercial zone to permit a veterinary clinic. 1.4 Site Area: 0.35 ha (0.86 acres) .. j iIIfI filii .Ii 2.0 LOCATION 2.1 The property under consideration is located at 30 Cobbledick Street in Orono (see Attachment 1). The subject property is located within Part Lot 28, Concession 5, in the former Township of Clarke. . .. 3.0 BACKGROUND 3.1 On October 7, 2002, D.G. Biddle & Associates Limited submitted a rezoning application on behalf of Marlene Spruyt to permit a veterinary clinic within the existing building as shown on Attachment 1. No additions are contemplated to the building at this time. .. ... .. 3.2 The building was constructed in 1961 as a medical and dental clinic for the residents of Orono. The community raised funds for the construction of this building and a plaque on the property commemorates this contribution. The building passed into private ownership and operated as a medical clinic until July 2002. The building has been vacant since then. ... .. IIlIlI 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are located within an established part of Orono. The site contains an existing 516.6 m2 (5561 ft2) building with paved driveways and parking area in front. The site grading slopes towards a shallow swale at the southeast corner of the property. The submission of a site plan application will address parking areas, driveway widths, lot grading and landscaping to compliment the appearance of the property. .. ..~ - IIIIll IIlIi 602 .. .. .. REPORT NO.: PsD-115-02 PAGE 3 - -- 4.2 Surrounding Uses: East - Lumber Yard North - Residential uses West - Residential uses South - Residential uses - .. 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the property "Urban Residential". .. Although the proposed use does not conform with the provisions of thi~ designation, Section 23.5.4 in the Clarington Official Plan permits Council to pass _ a by-law to recognize legal non-conforming uses or recognize variations to similar uses, provided that the following conditions are satisfied. .. . It is not feasible to relocate the existing use. ... . The use does not aggravate the situation created by the existence of the use. . The size in relation to the existing legal non-conforming use is appropriate. - . The use is not health hazard or a nuisance. .. . The neighbouring uses are protected where necessary. .. . The use does not adversely affect traffic, access or parking in the vicinity. ... 5.2 The application to permit a veterinary clinic conforms to Official Plan since the conditions identified in Section 23.5.4 can be satisfied in the following manner. - . The original goal for locating the medical clinic in Orono was to have a community-oriented facility. Although the medical practitioners no longer occupy the building, it is feasible to use the existing building for a similar use that provides a community-oriented service. Since a veterinary clinic is similar in nature to a medical or dental clinic, Staff feel that a veterinary clinic would be appropriate at this location. - - . As a veterinary clinic is similar in nature to a medical or dental clinic, the existing situation is not aggravated. - - 603 - REPORT NO.: PsD-115-02 PAGE 4 .. · The application does not contemplate an increase in property size. Although the building coverage could increase, this is limited due to septic servicing, parking, access, and landscaping requirements. .. JfIiIi · The proposed use is not a hazardous or nuisance use. Veterinary Clinics usually contain kennel facilities for keeping animals overnight. Through site plan approval, Staff will review where such facilities will be located and how noise attenuation will be addressed to ensure that the kennel component of the proposed use is not a nuisance to the surrounding residential neighbourhood. .. .. · The neighbouring residential uses to the west are screened by existing vegetation. Increased landscaping and/or fencing may be provided if additional screening is deemed necessary to abutting residential uses to the north. ... .. · As the proposed use is similar in nature, the use should not adversely affect traffic in the area. Sufficient parking will be located on site. .. 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Hamlet Commercial Exception (C3-5) Zone". This exception zone permits a medical or dental clinic. The applicant has submitted a rezoning application for Council's consideration to permit a veterinary clinic, in addition to the current permitted uses. - ... ,., 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. ~. ... 7.2 No inquiries have been received on this application. lIIi 8.0 AGENCY COMMENTS 8.1 The application was circulated for agency comments. The Engineering Services Department, Emergency Services Department, Region of Durham Health Department, Region of Durham Works Department and Ganaraska Region Conservation Authority have no objections to the proposed use. Site plan issues will be addressed through the submission of a site plan application. .... .... .. .. 604 . ... - - .. - .. .. - - - REPORT NO.: PsD-115-02 PAGE 5 8.2 Hydro One Networks Inc. has yet to provide any comments. 9.0 COMMENTS 9.1 A Phase One Environmental Site Assessment was carried out for this site in accordance with the Ministry of Environment's Guidelines for Use at Contaminated Sites in Ontario. A review of the site's history indicated that the subject property was likely used for agricultural uses until 1961 when the building was constructed. A site visit revealed no site staining, odour, or stressed vegetation. No potential environmental impact associated with past ownership or current tenants of the property is suspected. There is also no likelihood of contamination migrating onto the subject lands from adjacent sites. A heating oil storage tank was removed from the property in September 2002, and soil sampling and testing indicated that no contamination was found. Based on the findings of this report, Staff have no further concerns. 9.2 Prior to the applicant's submission of the rezoning application, a title search .. revealed that the most easterly 3.65 m (12 ft) of the property is under the Municipality's ownership. These lands previously formed a portion of the .. unnamed road allowance located immediately east of the clinic lands. .. - - '* "'" - - - Municipal records confirm that on January 1 0, 1983 Council closed this unnamed road allowance by By-law 83-2. However, the conveyance of the 3.65 m (12 ft) strip of land shown as Part 4 on Plan 1 OR-1 042 to the Clinic property was not completed. Since this has now come to staffs attention, steps are being taken to complete this transaction. This will not delay consideration of the rezoning application. 9.3 The application to permit a veterinary clinic conforms to Section 23.5.4 of the Official Plan. No objections or concerns have been raised through the circulation process. The proposed use is similar in nature to the existing permitted uses. Staff do not anticipate any negative impacts as a result of this added use. Additional details will be addressed through the site plan approval process. As a 60S REPORT NO.: PsD-115-02 PAGE 6 filii. result, provided no objections are raised at the Public Meeting, staff would have .. no objection to approval of the application. .. 9.4 In addition to allowing a veterinary clinic within the "C3-5" zone, the existing medical or dental clinic uses would be retained as permitted uses within the ., zone. '... 10.0 CONCLUSIONS 10.1 Given that no substantive issues have been raised to date, no objections have .... been received from any departments or agencies, and provided that no resident concerns are raised in the Public Meeting, staff respectfully recommend that the .. proposed rezoning application be approved and the by-law passed as contained in Attachment 2. llilI Attachments: ..... Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment - List of interested parties to be advised of Council's decision: Marlene Spruyt 83 Mill Street NEWCASTLE, Ontario L 1 B 1 H8 .", IIII1tII Glenn Genge D.G. Biddle & Associates Ltd. 96 King Street East OSHAWA, Ontario L 1 H 1 B6 ... ... Regional Municipality of Durham Planning Department . 4th Floor, Lang Tower, West Bldg. P.O. Box 623 1615 Dundas Street East WHITBY, Ontario L 1 N 6A3 ..t 'llfI .... ... 606 ... - - 5. :Ii, ... . o '" ... ... " r... N 71"17'30'[ ~.O48 ... II) II) ... Cl '" ... - 'I! I i ... . ~ I - ... ... f ~ z .. ~ .. ~ / .. 1 .. - ~ ,- - -- .. - - - 50.383 =15..=___)1 ~ ~ ~ --::-:J-.-r.---~~l' -'l~ X : i --- wL----..:--=i:-.--::"3l-/"T-~~ .CX L1' __J "- llll ZT.'" .. .. .. eXIST/Nt; I STORE:Y BRICK BUILDING 8.90 o '" ., L",,~ -'7 6. .. .15 1ft I .50 , 1.30 UISTlN' a.fIr8 .. .. i ,------, I I I EXIS"''' rilL .... I I I I I I L______J ~ ! !:! t\ [""", i ... I !I! i:: a NTI'17'3O'[ . ~~.95O COBBLEDICK STREET ----.-.- -- ---- \ I ATTACHMENT 1 .. . \ , . \ . . \ . . \ . . . \ . . \ I \ . . 1 , , 1 , , -I . . , ::: u & " N . 1 . I ~ ZBA 2002-031 Zoning By-law Amendment Owner: Marlene Spruyt 607 ATTACHMENT 2 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- .... .. being a By-Law to amend By-Law 84-63, the Comprehensive By-Law for . the Corporation of the Municipality of Clarington .J, WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended. of the Corporation of the former Town of Newcastle in accordance with application ZBA 2002-031 to permit a veterinary clinic in addition to existing permitted uses. j. ." NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: . 1, Section 18.4 "Special Exceptions - Hamlet Commercial (C3) Zone" is hereby amended by replacing Subsection 18.4.5 as follows: ,alii "18.4.5 Hamlet Commercial Exception (C3-5) Zone Notwithstanding Section 18.1, those lands zoned C3-5 on the Schedules to this By-law shall only be used for a medical or dental clinic and a veterinary clinic." -J 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, R.S.O. 1990. .. By-Law read a first time this day of .. 2002. By-Law read a second time this day of 2002. By-Law read a third time and finally passed this ..IIIJ day of 2002. .. John Mutton. Mayor - ~ Patti L. Barrie, Municipal Clerk ., .. .. 6 (1 b .. - - ClfllmglOn REPORT PLANNING SERVICES - - Meeting: .. Date: Report #: ... Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, November 18, 2002 PSD-116-02 File #: PLN 18.7 By-law #: POLICIES FOR NEW TELECOMMUNICATIONS ANTENNA AND TOWERS RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: -- 1. .. 2. THAT Report PSD-116-02 be received; and THAT the policies for New Telecommunications Antenna and Towers on Attachment 1 be approved; and .. 3. THAT Mr. Alex Sheppard, M.P., Mr. John O'Toole, M.P.P, Industry Canada, Rogers AT&T Wireless, Bell Mobility, Microcell, Telus Mobility and Mr. Stephen D'Agostino be advised of Council's decision. .. - Submitted by: Reviewed by:Q ~ --=-. ~ ranklin Wu, Chief Administrative Officer - ... a i . Crome, MCIP, R.P.P. Director of Planning Services - CS*DJC*sh November 7, 2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 609 .. REPORT NO.: PsD-116-02 PAGE 2 1.0 INTRODUCTION 1.1 The recent advancements in wireless telecommunication technology have resulted in the rapid growth of the telecommunications industry. Industry Canada, under the Radio-communication Act is responsible for radio and telecommunications in Canada. In addition to issuing licenses to radio and telecommunications carriers, they also approve the installation of the infrastructure, including antennas and towers. Local municipalities do not have the constitutional authority to prohibit telecommunication antenna or towers through the Planning Act. 1.2 There are 20 telecommunications towers in the Municipality of Clarington. The majority of them have been erected in the last three years. During this time, the Municipality has received a number of complaints regarding the location of these towers and the lack of consultation with surrounding landowners prior to their installation. In response to the concerns, Planning Services Staff met with representatives from Industry Canada to explore opportunities to minimize the impact of antenna and towers and to notify the public. Industry Canada does require carriers to consult with local land use authorities (municipalities) and encourages public consultation. Federal authorities also encourage municipalities to develop protocols to assist carriers in seeking the optimal locations for towers and to provide a procedural framework for their installation and public consultation. The purpose of this report is to: · Provide an overview of federal procedures with respect to establishing new towers and significant antenna; · Provide an overview Official Plan policies and provisions in the Zoning By-law as it relates to telecommunications and current practices for permitting new telecommunications towers in Clarington; · Recommend policies for new telecommunication towers and significant antenna structures; and · Provide an overview of the consultation process with Industry Canada and the four main carriers. 610 ... .. ... .. ... ... .... .. ... ... I1/fIIl .. .. .. , .. .. .. .. .. .. REPORT NO.: PsD-116-02 PAGE 3 - 2.0 FEDERAL PROCEDURES .. 2.1 Industry Canada approves licenses to radio and telecommunication carriers to operate and authorizes the locations antenna and towers. Carriers wishing to establish new towers and significant antenna must do the following: - ... - . consult with the local land-use authority; . consult with Transport Canada where applicable to ensure antenna structures comply with painting and lighting requirements for aeronautical safety; . ensure that telecommunications facilities are installed and operate in a manner that complies with Health Canada's limits of exposure to radio-frequency fields emissions; and . where Industry Canada authorizes a specific site for a telecommunication facility, undertake an environmental assessment to comply with the Canadian Environmental Assessment Act. ... - 2.2 Consultation with Local Land-use Authorities ., .. Industry Canada wants to work together to find mutually agreed upon locations for new antennas or towers. As such, it has defined roles for the local land use authorities, the carrier and itself. .. ... The land-use authority has an opportunity to influence the location of the tower, not only from a land-use compatibility perspective but from the community's perspective. It cannot however, prohibit the installation of a tower or a significant antenna. .. - The carrier is required to consult with local land-use municipalities on the proposal, consider local concerns and if required seek alternative solutions. The carrier must provide a written attestation to Industry Canada that they have consulted with the local authority and have obtained their concurrence. The carrier must also outline any concerns and how they were addressed. .. - - Industry Canada approves the location of a telecommunication facility. If the carrier and the land-use authority cannot reach an agreement, then Industry Canada will ultimately decide as to what actions need to by taken based on the information ... 6 J J - REPORT NO.: PsD-116-02 PAGE 4 ., .. provided by both parties. Industry Canada expects the land-use authority to make its views known to a proponent within 60 days. All aspects of the consultation should be .. completed with 120 days. 2.3 Industry Canada is encouraging more communities to create policies to ensure there is a relatively consistent manner in which telecommunications towers are evaluated and the public is notified. Each one provides direction for optimal location for towers and antenna, site design and layout, a public consultation process and approvals. There are a number of communities in Ontario with existing protocols. At the present time, there are t4 communities in Central Ontario that are drafting policies. 3.0 CURRENT MUNICIPAL POLICY AND PROCEDURE 3.1 The C/arington Official Plan states the location of new utility facilities and/or corridors are generally permitted within any land use however, communications towers for radio, cable TV, and phone transmissions are not permitted within or adjacent to any . residential areas or Central Areas. 3.2 Section 3.17 of the Comprehensive Zoning By-law states that the provisions of the by- law shall not apply to prohibit the use of any lot or the erection or use of any building or structure for the purposes of public services provided by any public authority including the Government of Canada. It also includes private utility companies operating under licence. As such, telecommunications towers are permitted in all zones. 3.3 At the present time, the Planning Services Department requests telecommunications carriers to apply for Site Plan Approval, for towers and equipment shelters. The carrier must submit an application, drawings and fees for processing. The carrier is then required to enter into a development agreement and meet conditions which may be imposed. The Site Plan Application is processed under Section 41 of the Planning Act. The Building Division also requires carriers to apply and receive a building permit for 6J2 .. ... .. .. .. .. .. II(ff/I .. ",. ... .. ... IIIlIIl .. - - REPORT NO.: PsD-116-02 PAGE 5 - .... both the tower and equipment shelter or a significant antenna. However, a tower, antenna or equipment shelter is not subject to Ontario Building Code and does not require a building permit. Until recently, the carriers have been following these procedures without reluctance. However, in the course of developing this new policy, the carriers have indicated that they will not continue to seek approvals under the Planning Act. - .. - 4.0 NEW POLICY FOR TELECOMMUNICATION ANTENNAS AND TOWERS - 4.1 The purpose of the policy and procedure is to provide direction for selecting appropriate locations for telecommunications antenna and towers, which ultimately minimizes the number of such facilities and their visual impact, allowing for public input and providing a straight-forward process for the carrier for the installation of these facilities. (See Attachment 1) - - The highlights of the policy are noted below. - - Location and Sitino Criteria . The use of one or more antenna on a tower, or co-location, is favourable as is locating adjacent to existing towers or hydro transmission towers. . Maximizing distances from residential areas, community and institutional uses, historical downtown areas and waterfronts. . Towers should be located a minimum of 100m away from any existing residences. . Avoiding areas of visual prominence and vistas. . The use of various of methods to "camouflage" antenna and towers is encouraged, such as placing antenna in church steeples, flag poles, tree- like structures or any other everyday features. . Care shall be, taken in the placement, style and colour of antenna and equipment shelters on existing buildings. . Maintaining a minimum 15 metres from road allowances. - - - - - Public Consultation . The carrier is required provide notice to landowners in a prescribed area around the subject site and shall hold a public information centre prior to the installation of a tower. Planning Staff will attend for observation purposes. - . The carriers will provide all relevant site drawings and pictures of the location and proposed tower superimposed on the photograph. - 613 .. REPORT NO.: PsD-116-02 PAGE 6 Approvals . The Municipality will not issue any approvals either through site plan or building permit. The carrier will be required to submit an application for site plan approval for administrative purposes only. Applications will not be processed under the Planning Act. . The Director of Planning Services will issue a Letter of Recommendation to the carrier and Industry Canada to indicate that the carrier has consulted with the Municipality. Such letter will be issued within 60 days of the date the site plan application is submitted or when the carrier submits a Letter of Understanding to the Municipality's satisfaction which addresses various issues that may be applicable such as submitting structural drawings and engineering reports, entrance permits, security deposits and cash-in-lieu for parkland dedication. 5.0 COMMENTS 5.1 Staff prepared these policies to ensure that installation of telecommunications towers and significant antenna are treated and processed in a consistent manner. Staff have consulted with representatives of Industry Canada and the four major carriers, being Bell Mobility, Microcell Connexions, Rogers AT &T Wireless and Telus Mobility, on several occasions throughout drafting these policies. 5.2 The carriers felt that the Municipality's earlier draft policy imposed requirements and processes that relied on the Planning Act and Building Code Act, which are not applicable to federally regulated infrastructure. In addition, they felt that the "zoning type language" was too prescriptive. The policy should not prohibit towers in certain land use designations prescribed in the Clarington Official Plan, nor should it impose unrealistic setbacks from residential uses, or limit the use of tower types or restrict their heights. The carriers did not want to enter into development agreements because it was similar to requirements under the Planning Act and it added on too much time to the approvals process. The carriers indicated towers needed to be located in areas of higher population such as residential, commercial, industrial areas and adjacent to major roads. To prohibit them in these areas would eliminate service to their clients. Telus Mobility, in particular was very concerned since they provide service to the Durham Regional Police, which needs a reliable wireless service in all 614 .. .. .. .. ... .. .. .. ... ... .. ... .. .. ... .. .. .. q .. - - .... - . - - - - .. - - .. .. .. .. - ... .. REPORT NO.: PsD-116-02 PAGE 7 locations. In addition, limiting the tower types and heights to monopoles in populated areas, would require the installation of more towers because they cannot support additional antenna. 5.3 Staff addressed the carriers concerns' by making the policy less prescriptive and more generalized with respect to the locational and siting requirements. The policy relies on the desire of the carriers to work with the Municipality and avoid situations where there is conflict with residents. 5.4 Carriers will also be required to provide a Letter of Undertaking, rather than a development agreement, which ensures that certain works will be completed but eliminates the need to register any agreement on title and reduces the timeline for approval. The Municipality's Solicitor is assisting with the preparation of standard Letter of Undertaking. 5.5 The carriers were satisfied with the public consultation process outline in the policy. Staff feel that we have addressed their issues in a satisfactory manner, while meeting our own objectives with respect to land use compatibility and public notification. 5.6 On October 31, 2002 Industry Minister Allan Rock announced a national consultation review of Industry Canada's antenna tower policy and siting procedures to begin early next year. According to Staff at Industry Canada the review may take one to two years and involve consultation with the carriers, wireless telecommunications users and various departments and agencies of the federal, provincial and local governments. Industry Canada encouraged Clarington to continue to proceed with approval of this policy but suggested that it may need some amendments depending on the conclusion of the federal government's review (see Attachment 2). 6.0 CONCLUSIONS AND RECOMMENDATIONS 6.1 The creation of Council approved new policies and procedures, provides a predictable criteria for siting towers and antenna and affords the public an opportunity for input. It is respectfully recommended that the Policy contained in Attachment 1 be APPROVED. 615 ... REPORT NO.: PsD-116-02 PAGE 8 .. Attachments Attachment 1 Attachment 2 New Telecommunications Antenna and Towers Policy Industry Canada Website Article on National Antenna Tower Policy Review .. .. Interested parties to be advised of Council's decision: .. Mr. Jack Hills Rogers AT&T Wireless 1 Mount Pleasant Road 10th Floor Toronto, Ontario M4 Y 2Y5 Mr. James Kennedy Telus Mobility Real Estate and Government Affairs 200 Consilium Place, Suite 600 Scarborough, Ontario M1 H 2J3 .. .. Mr. Dave Yaromich Bell Mobility 2920 Matheson Blvd. East Mississauga, Ontario L4W 5J4 Mr. Watson Reed Industry Canada 55 St. Clair Avenue East 9th Floor, Room 909 Toronto, Ontario M4T 1M2 .. ., Mitch St. Jacques Industry Canada 55 St. Clair Avenue East 9th Floor, Room 909 Toronto, Ontario M4T 1 M2 Bill Reoch Microcell Connexions Inc. 20 Bay Street Suite 1601 Toronto, Ontario M5J 2N8 .. ... .. Andrew Walker Microcell Connexions Inc. 20 Bay Street Suite 1601 Toronto, Ontario M5J 2N8 Stephen J. D'Agostino Thomson Rogers Suite 3100 390 Bay Street Toronto, Ontario M5H 1W2 - .. Mr. Alex Sheppard MP 116 Water STreet Port Perry, ON L9L 1 R2 Mr. John O'Toole, MPP 75 King Street East Bowmanville, Ontario L 1 C 1 N4 ... .. ~ ... ... 616 .. - ... .. ... ... - - - - - - - ... ... - ... .. - ... ATTACHMENT 1 PLANNING SERVICES DEPARTMENTAL POLICY DEVELOPMENT GENERAL PSD-D01 APPROVED BY: Council SUBJECT: NEW TELECOMMUNICATIONS ANTENNA AND TOWERS DATE APPROVED/ UPDATED: SUBSECTION: INTRODUCTION: In order to keep pace with the demand for telecommunications service, there has been a dramatic increase in the number of telecommunications towers erected across the Municipality of Clarington and more are anticipated in the coming years. Industry Canada, the approval authority for regulating telecommuncations facilities, ensures that municipalities are consulted prior to the erection of towers and significant antenna structures. The role of the Municipality of Clarington is to provide comments with respect to land use compatibility. The Municipality has no constitutional authority to regulate or prohibit telecommunications facilities. PURPOSE: To establish policies and procedures for the installation of new telecommunication antennas and towers which emphasize the following: . Selecting locations for telecommunication facilities which ultimately minimizes the number of such facilities and their visual impact; . Allowing input from the public; and . Providing a straight-forward process for the installation of new telecommunications facilities. POLICIES: 1. Definitions Antenna shall mean a device for transmitting and receiving electromagnetic waves, wireless communications signals or other communication signals. Alternative tower structures shall mean man-made support structures that camouflage or conceal the presence of antennas or towers such as flagpoles, clock towers, church steeples, street lights, artificial trees and other everyday features. Co-location shall mean the placement of one or more antenna on the same telecommunication tower or alternative tower structures. Equipment Shelter shall mean a structure containing equipment necessary to transmit and receive signals. Telecommunications Facilities shall mean telecommunication tower and/or antenna and an equipment shelter. Telecommunications Towers shall mean structures designed and constn.jcted to support one or more antennas, including lattice towers, monopoles and guyed towers. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT H:\Policy\Telecommunication Towers\Telecommunication Towers November 6.DOC] Revision Date: October 24, 2002 Page 1 617 .. SUBSECTION: DEVELOPMENT GENERAL PSD-D01 APPROVED BY: Council SUBJECT: NEW TELECOMMUNICATIONS ANTENNA AND TOWERS I DATE APPROVED! UPDATED: .. ... 2. Site Selection For New Telecommunication Towers .. a) The installation of new telecommunications facilities is discouraged unless all other options within the carriers search area have been explored and are considered not viable. The preferred methods of achieving additional capacity are: i. Co-location on existing towers or structures; ii. Location on hydro transmission towers; iii. Location of towers within or adjacent to hydro transmission corridors; iv. Use of alternative tower structures; and v. Clustering adjacent to existing telecommunication facilities. .. .. ... b) Telecommunications facilities shall be located in a manner which minimizes its visual impacts. I When locating a new telecommunication facility the following shall considered: ' .. i. There shall be no negative impact on significant natural features or hazard land areas; ii. Distances shall be maximized from residential areas, community and institutional uses, historical downtown areas, and waterfront areas; iii. Towers shall generally be set back a minimum of 100m from any residential building; iv. Alternative tower structures are encouraged within 500 metres of Urban Area and Hamlet boundaries as identified in the Clarington Official Plan; v. A minimum 15 metre setback from road right-of-ways shall be maintaineq vi. Terminal vistas from existing and future roads and areas of topographical prominence will be avoided; and vii. Locations and heights where Transport Canada will require lighting the tower. .. ... ... c) Telecommunication facilities shall not be permitted on unopened road allowances. .. 3. Site Desiqn and Lavout .. a) New Telecommunication Facilities The following shall be considered in the site design and layout of new telecommunications facilities: i) Planting of trees and shrubs around the perimeter fencing to mitigate the visual impact of the tower and equipment shelter; ii) Identification sign(s) of the carrier(s), measuring .55 square metres or less may be permitted on the equipment shelter or perimeter fencing subject to the issuance of a sign permit from the Municipality of Clarington; and iii) Where alternative tower structures are not feasible, telecommunication towers and equipment shelters shall blend in with the colour of its surroundings. .. ... .. ... MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT H:\Policy\Telecommunication Towers\Telecommunication Towers November 12.DOC] Revision Date: Nov. 12. 2002 .. 618 Page 2 till ... - SUBSECTION: SUBJECT: NEW TELECOMMUNICATIONS ANTENNA AND TOWERS DATE APPROVED/ UPDATED: DEVELOPMENT GENERAL PSD-D01 APPROVED BY: Council .. b) Roof Tops or Existing Structures - When locating telecommunications facilities on rooftops or existing structures, carriers shall endeavour to minimize the visual impacts of such facilities by considering the following: Utilizing alternative tower structures; For new antenna, a maximum height of 6 metres above the highest point of the building or existing structure and a maximum 2 metre projection beyond the vertical projection of the building; Equipment shelters on roof tops are setback from the roof edge not less than 5 metres. The colour and architectural style of the antenna and equipment shelter shall blend in with the building or structure; and - i. ii. - iii. iv. - 4. Other - a) The Municipality of Clarington will encourage buildings greater than 10 storeys to be pre-designed to accommodate telecommunication facilities. - b) Telecommunication carriers shall be encouraged to remove facilities that have not been in use for six months or more, within 90 days of the six month period. - PROCEDURES FOR MUNICIPAL COMMENTS AND APPROVALS 1. Pre-consultation - a) Prior to the installation of telecommunications facilities, carriers are strongly encouraged to consult with the Municipality's Planning Services Department, and Engineering Services Department to discuss the site search area, site selection, including land use compatibility, sensitive visual areas and vistas, existing and proposed land uses and other potential impacts. Consultation with the Chief Building Official may also be required. b) The carrier will be requested to consult with adjacent municipalities within 500 metres of the proposed facility site. The carrier shall provide written confirmation of this consultation to the Director of Planning Services. 2. Submission Requirements For the purposes of administration and processing, carriers will be required to complete an application for site plan approval. The application shall be submitted to the Municip~lity of Clarington Planning Services Department with the appropriate fees. Such applications are not processed under Section 41 of the Planning Act. .. - .. - - a) New Telecommunication Towers All proposals for new telecommunication towers, where consultation with the Municipality is required by Industry Canada, will include the following information: - MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT - H:\Policy\TeJecommunication Towers\Telecommunication Towers November 6.DOC] Revision Date: October 24, 2002 Page 3 619 .. .. SUBSECTION: DEVELOPMENT GENERAL PSD-D01 APPROVED BY: Council SUBJECT: NEW TELECOMMUNICATIONS ANTENNA AND TOWERS DATE APPROVED/ UPDATED: :i .. .. i. Written justification from the carrier, as to the need for the telecommunication tower and that the proposed location for the new tower is the preferred alternative. Non-tower, co-location and alternative tower structures shall be addressed in the justification; ii. A site plan showing the subject property, including the existing property lines, or the leased area (if applicable), site grading, existing and proposed buildings, fences, buffering, existing and proposed landscaping, access, parking and type and height of the proposed tower structure; iii. Pictures of the location and the proposed tower and associated facilities superimposed on the picture from four directions, north, south, east and west; iv. Two sets of stamped engineered drawings to identify the tower design; and v. A map showing the horizontal distance between the tower installation and the nearest residential zone and/or residential dwelling. .. .. .. ... b) Roof Top or Existing Structures .. All proposals for telecommunication facilities on roof tops or existing structures, where consultation with the Municipality is required by Industry Canada, will include the following information: i. A statement from the proponent on the need for any increase in proposed tower height if applicable; ii. A plan showing the location proposed antenna and associated facilities on the roof top or structure; iii. Two sets of stamped engineered drawings to identify the antenna and associated facilities on the building rooftop or structure or any other requirements required by the Clarington Building Division; and iv. Upon review of the site plan, the Planning Services Department may require the carriers to submit pictures of the building or structure with the proposed antenna and equipment shelter superimposed on the picture from four directions; north, south, east and west. till .. .. .. c) Alterations to Existing Facilities .. Where modifications to the site are proposed, which may include, but not be limited to, an increase in the height of the tower, additional equipment shelters or entrances, an amendment to an approved Site Plan may be required. .. 3. Public Consultation Process a) Public consultation is not required in the following situations: i) For roof top installations of antenna; ii) Co-location of antenna on an existing telecommunication tower or hydro tower; and iii) For ground-supported towers that are less than 16.5 metres above ground level. The Director of Planning Services may also exempt the carrier from the public consultation requirement following pre-consultation with the Planning Services Department and the carrier. .. ... ~ iii MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT J ... H:\Policy\Telecommunication Towers\Telecommunication Towers November 6.DOC] Revision Date: October 24, 2002 62U Page 4 .. .. - SUBSECTION: DEVELOPMENT GENERAL PSD-D01 APPROVED BY: Council SUBJECT: NEW TELECOMMUNICATIONS ANTENNA AND TOWERS DATE APPROVED/ UPDATED: - - Exemptions will generally be considered where towers are proposed adjacent to 250 kv or 500 kv hydro towers and adjacent to other telecommunication towers. - b) Required Public Consultation i) Notice Requirements For proposed new telecommunication towers or significant alternations to existing towers, the carrier shall give written notice, by regular mail, to the owners and/or tenants of the lands within the circulation area of the subject property or leased area, Director of Planning Services, the Municipal Clerk, and all Members of Clarington Council. The circulation area for the notice is as follows: - - - . Within Urban Areas, except for Future Urban Residential Areas - 120 metres or 4 times the height of the tower which ever is greater . In all other areas - 500 metres ... - The notice shall include the following information: . The proposed leased area; . The proposed location of the telecommunication tower on the subject site; . A plan which shows the tower type, height, colour, associated structures, access locations and lighting; . Date, time and location of Public Information Centre; and . The name and telephone number of a contact person employed by the carrier, as well as a municipal contact person. The Municipality shall provide a mailing list to the carrier. ii) Public Information Centre The Public Information Centre shall be held no sooner than 14 days and no later than 30 days of the notice being mailed. At the Public Information Centre the carrier shall be responsible for displaying all the necessary drawings and pictures. Subsequent to the Public Information Centre the carrier shall provide to the Planning Services Department the following: . A record of names, addresses and telephone numbers of attendees; . Notes of meeting which include issues and concerns that were raised; and . A letter indicating how the carrier will address the concerns. - - - - - - Staff from the Planning Services Department shall attend the Public Information Centre for observation only. ., MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT - H:\Policy\Telecommunication Towers\Telecommunication Towers November 6.DOC] Revision Date: October 24, 2002 621 Page 5 - .. SUBSECTION: SUBJECT: NEW TELECOMMUNICATIONS ANTENNA AND TOWERS I DATE APPROVED/ UPDATED: .. DEVELOPMENT GENERAL PSD-D01 APPROVED BY: Council .. 4. Approvals .. a) Letter of Recommendation i. The Director of Planning Services will issue to the carrier with a copy to Industry Canada a Letter of Recommendation stating that the carrier has consulted with the Municipality. Such letter will be provided within 60 days from the date the application is submitted and deemed complete by the Planning Services Department or, in the case where a Letter of Undertakingis required, when a Letter of Undertaking has been completed to the Municipality's satisfaction. III .. ii. If the Municipality of Clarington is not satisfied with the proposal, then the Director of Planning Services will issue a letter to the carrier, with a copy to Industry Canada, Members of Clarington Council and the Member of Parliament indicating the reasons why the Municipality is not satisfied with the antenna or tower. - ... b) Letter of Undertaking i. Letter of Undertaking is required in all situations where: · a new telecommunication tower is constructed; · a new equipment shelter is to be constructed on a roof-top; and · a new equipment shelter is to be constructed to accommodate co-location antennae. ... - ii. When the Municipality of Clarington is satisfied with the site location, layout and design the carrier will provide a Letter of Undertaking, in the Municipality's prescribed format, to address the following issues as they are applicable: · Site Plan and Landscaping drawings; · Building Permits; · Entrance Permits from the road authority; · Sign Permits from the Municipality of Clarington; · Security deposits for site works; · Road widenings and easements; · For new telecommunication facilities, submit payment to the Municipality of Clarington of $1,000.00 for cash-in-lieu of parkland dedication (2002 adjusted to annual inflation); · A commitment to remove all structures upon expiration of the lease or use of tower; · A commitment to acconmodate other carriers on site where feasible; and · Other conditions as required. .... ... .. III ... - .. MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT H:\Policy\Telecommunication Towers\Telecommunication Towers November 6.DOC] Revision Date: October 24, 2002 .. 622 Page 6 ... J-\l1dll RUl:l\. J-\llllUUIll:C:' 1 ~ ClllUllCll .. ... - - . www. IC.OC.ca -...... - - - Newt; Releases 0 Speedl~s 0 Subscribe to ~ec:eive r, E-mail Updatet; ,- Success Stones 0 Photo Gallery 0 UpCQfl1ing Events 0 - P rog ra ITl S and Servicns 0 - Thn Department [; Publica lions 0 - Employn!~nt C1 Opportunities ~ - .~ strategls.gc.ca - lllln fA"' .9Ulnn u. t..,,,... Uti - ~~-:;l i.VETERANS~'1 . '_ ( --_~ - ." , -, ,_J' i' 1 :WE~K~2002 I 'iii' ,..~".,'.'...".II... . , r, _ ' '.' . ~'_. - .' r "Services ,'11 for ~., Seniors - - Taking action on CI imate Change ,", - - - ATTACHMENT 2 Industry c..'U1ada Industria Cano.da C clio. ana a Contact Us Canada Silo Fran is Help What's New ',."- Links Site Map Allan Rock Announces National Antenna Tower Policy Review OTTAWA, October 31,2002 -- Industry Minister Allan Rock today announced a national consultation review of Industry Canada's antenna tower policy and siting procedures to begin early next year. "Our goal is to ensure that we have modernized procedures for antenna tower placement that embrace community involvement and expand the economic and social benefits of wireless technologies across Canada," said Minister Rock "I look forward to the results of the consultation and review to ensure our policy reflects the new and emerging technological realities of our society." In recent years, the growth of wireless communications has caused a substantial increase in the number of antenna towers being erected across Canada. The rules governing these towers fall under the Radiocommunication Act, administered by Industry Canada. The review will provide an opportunity to identify a wide range of subjects for possible improvements to existing antenna site approval procedures, including: . How can the local consultation process regarding the siting of a specific tower be improved? . What are the most appropriate time frames for the processes of approving and resolving debates surrounding specific tower placements? . What means are available to readily identify whether a proposed installation may create radiofrequency fields in excess of established exposure limits in areas where people live and work? . What information would most benefit concerned members of the public and how should it be provided? . How and to what extent can tower sharing be utilized in order to reduce the overall number of towers? . Can protocols be arranged between local land use authorities and antenna proponents regarding the planning and siting of antenna structures, visual guidelines and dispute resolution mechanisms? "Access to modern wireless technology is critical to social and economic 623 - http://www.ic.gc.ca/cmb/welcomei...l85256a220056c2a485256c63004e3fb9 !OpenDocumen 11/7 /2002 Allan KOCK Announces Natlonal Page 2 of 3 development in rural and urban Canadian communities," Minister Rock concluded. "I look forward to working with stake-holders and citizens to ensure Canadians receive the benefits of this innovative technology, while maintaining and enhancing our quality of life." .., ... A detailed backgrounder outlining current procedures and key issues for consultation is attached. .. For more information, please contact: Selena Beattie Minister Rock's Office (613) 995-9001 .. .. Media Relations Industry Canada (613) 943-2502 ... Backgrounder ... National Antenna Tower Policy Review Current procedures used to determine tower placements .. . Environment -- Industry Canada requires that all proposals be compliant with the Canadian Environmental Assessment Act to ensure that an installation will have no significant adverse environmental effects; .. . Radiofrequency fields -- Industry Canada sets the requirements for the safety of radiocommunication equipment in Canada. For this purpose, Industry Canada had adopted the radiofrequency emission limits outlined in Health Canada's Safety Code 6 guidelines. All radiocommunication devices must meet this safety standard; ... ... . Land use consultations -- The Department has instituted land-use consultation processes to ensure that municipalities and other land- use authorities are made aware of proposed installations prior to construction. Once a particular municipality is informed of a proposal, it should have 30 days to make its views known and another 90 to consult with citizens. Parties are encouraged to work together toward solutions that minimize community impact, including sharing existing antenna structures where possible; and .. .. .. . Aeronautical obstruction clearance -- Industry Canada requires proponents to ensure their towers are first reviewed by Transport Canada to ensure they pose no hazard to air navigation. .. Specific issues which may guide the consultation: .. · improving the local consultation process regarding the siting of a specific tower to reduce the incidence of surprise that can accompany the appearance of new antenna towers; .. · defining the most appropriate time frames for the processes of 624 .. http://www.ic.gc.ca/cmb/we1comei .. ./85 25 6a22005 6c2a485 25 6c63004e3 fb9! OpenDocumen 111712002 "'" J. ....1-.1-L..U.. ...'V"".1-.... J. L....V"""..""""'U .1- 'l......"'.1-V............... - -0- - .... approving and resolving debates surrounding specific tower placements; - . determining the best means available to readily identify whether a proposed installation may create radiofrequency fields in excess of established exposure limits in areas where people live and work; - . determining the most useful and helpful information and the best means of providing it to concerned members of the public; - . assessing how and to what extent towers can be shared in order to reduce their total number; and - . establishing the best protocols for use by local land-use authorities and antenna proponents that embrace the planning and siting of antenna structures, visual guidelines and dispute-resolution mechanisms. - The review process - A Chairperson to the review committee will be named in the coming weeks. A consultation document, including information on how the public can participate in the review, will follow. - - 1+1 Government of Canada Gouvernemenl du Canada Date Modified: 2002-10-31 ... Important Notices - - - - - - - - 625 - http://www.ic.gc.calcmb/we1comei. . .I85256a220056c2a485256c63004e3tb9! OpenDocumen 11/7 /2002 - .., .. ... .. .. .. .. .. ... ... ... ... ... .. .. .. .. .. .. C!!![mgton .... - - - Meeting: - REPORT PLANNING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday November 18, 2002 - Report #: PSD-117-02 File #: ZBA 2002-027 By-law #: - Subject: REZONING APPLICATION APPLICANT: LAKELAND ASSOCIATES LTD. - RECOMMENDATIONS: _ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. 2. - 3. - 4. - 5. - - - - - - THAT Report PSD-117-02 be received; THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Lakeland Associates, be APPROVED; THAT the amending By-law attached hereto be forwarded to Council for approval; THAT a copy of Report PSD-117-02 and the attached amending By-law be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: L1-1 ~ DL J. Crome, MCIP, R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer O~JX-=-~ Reviewed by: SA *DJC*sn November 12, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 A?6 REPORT NO.: PsD-117-02 PAGE 2 ., 1.0 APPLICATION DETAILS 1.1 Applicant: Lakeland Associates Ltd. (Les Jagoda) ... .. 1.2 Owner: John Bergeron 1.3 Rezoning: To rezone the subject lands to an appropriate zone to permit the use of an existing 255 m2 accessory building for a home occupation. .. .. 1.4 Site Area: 4.84 ha - 2.0 LOCATION - 2.1 The subject lands are located at 2611 Maple Grove Road (Attachment 1). The property is contained within Part Lot 18, Concession 2, in the former Township of .. Darlington. ... 3.0 BACKGROUND ... 3.1 On August 27,2002, Les Jagoda of Lakeland Associates Ltd., on behalf of John Bergeron, submitted an application to the Municipality of Clarington to rezone the subject lands to permit the use of an existing 255 m2 (2,745 ft2) building for a home occupation use. - .. 3.2 The owner's intent is to use the existing detached garage to run his business, Classic Cleaning and Maintenance Services. .. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES .. 4.1 The subject property contains an existing single detached dwelling and a detached garage. The subject lot has frontage and access to Maple Grove Road. .. .. ... 627 .. "'" ... - - - - - - - - - - - - - - - - - - REPORT NO.: PsD-117-02 PAGE 3 4.2 Surrounding Uses: East: North: South: West: Vacant Residential Residential Residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands "Major Open Space". The existing residential use conforms with the policies of the Regional Official Plan. The proposed home occupation use is subject to Section 20.4.4 which allows local Councils to zone to permit the continuation, expansion or enlargement of legally existing uses, or the variations to similar uses. The proposed rezoning is in conformity with the Durham Regional Official Plan. 5.2 The Clarington Official Plan designates the subject lands "Green Space". The existing residential use and the proposed home occupation use conform with the policies of the Clarington Official Plan. 6.0 ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A)", which permits a single detached dwelling and a home occupation use operating entirely from inside the dwelling. A home occupation operated from an accessory building would not be permitted, thus the need for the rezoning application. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. 7.2 As of the writing of this report, one inquiry has been received regarding this application. The caller requested clarification of the proposed use and to be notified of all subsequent meetings and reports. 628 REPORT NO.: PsD-117-02 PAGE 4 7.3 No persons spoke for or against the application at the public meeting, October 21,2002. 8.0 AGENCY COMMENTS 8.1 The Clarington Building Division has indicated that a building permit will be required if there is any construction in the accessory building in order to change it into an office or home occupation use. 8.2 Clarington Emergency Services, Clarington Engineering Services, Regional Planning, Regional Health and Regional Works Departments have no objection to this application. 8.3 Central Lake Ontario Conservation has no objection to this application, however noted that prior to any filling or grading on site, written permission from the Conservation Authority is required. 9.0 COMMENTS 9.1 The applicant is proposing to use an existing 255 m2 accessory building for a home occupation. The proposed building will accommodate equipment and office space for a business, under the name of "Classic Cleaning and Maintenance Services". 9.2 The applicant has also concurrently submitted an application for site plan approval, indicating number and location of parking spaces, landscaping, signage and entrance location. 9.3 The owner had previously applied for a minor variance (A2002/007), upon discovering at the closing of his purchase, that the existing detached garage had been attached to an existing barn without a building permit and that the renovations converting the barn to a detached garage were not in compliance with the Zoning By-law. 9.4 The owner stated to the purchasing this property operating his business. Committee of Adjustment that it was his intent in to use the accessory building for the purposes of As the Committee of Adjustment does not have 629 .", .. ? ... ... .. .. .. ... .. ... ... ... .. ... ... .. ... IIIlIIl .. .. .. - - - - - - .. .. .. - .. - - - - - .. REPORT NO.: PsD-117-02 PAGE 5 jurisdiction to approve the application as requested by the applicant. the application was withdrawn and the rezoning and site plan applications submitted. 9.5 The existing dwelling has a total floor area of 259 m2 (2784 ft2). The existing accessory building is 255 m2 (2745 ft2). Typically an accessory building by definition is to be incidental and subordinate to the principal use or building located on the same lot. Although the dwelling and detached garage are consistent in size, when viewed on site, the dwelling is clearly the main use of the property. The detached garage is a low (approximately 15 ft in height). concrete block building, with a garage door and a pedestrian door on the fa~ade facing Maple Grove Road. The attached zoning by-law amendment proposes to limit the size of the accessory building to be used for the cleaning business to its existing floor area. 9.6 The existing property is tree lined along Maple Grove Road and the buildings are only visible at the driveway entrance. The applicant is proposing extensive landscaping along the south wall of the accessory building and along the north property boundary between the parking area and the abutting property. The additional landscaping will be shown on the site plan drawing. The majority of the property east of the dwelling and accessory building is tree and bush covered. 9.7 The applicant is proposing three outdoor parking spaces for the business. There are also three parking spaces inside the accessory building accessed by three separate garage doors with spaces for three additional outdoor parking spaces in front of each door. There are also two additional parking spaced adjacent to the dwelling for residential use. The total eleven parking spaces meet the requirements of the zoning by-law for residential use and this home occupation use. Site plan approval will require the designated parking spaces to be illustrated on the application drawings. 630 REPORT NO.: PsD-117 -02 PAGE 6 .. 10.0 CONCLUSIONS ... 10.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED. ... Attachments: Attachment 1- Key Map Attachment 2 - By-law Amendment .. .. .. Interested parties to be advised of Council's decision: .. .. Mrs. Makxam 2637 Maple Grove Road Bowmanville, Ontario L 1 C 3K7 ... .. .. .. ... ... .. ... .. 631 .. .. - - - - ATTACHMENT'1 LOT 18 o <( 0; a: I. UJ > o /11' ~ . a:1 . ';j (!): ~ ". LU I - . ...J a. <C ~ - Darlington Key Map Cl <( - 0 a:: Cl <( 0 a:: z w - w a:: '-' - I~r-= BLOOR STREET - II - - - - - -.. - - - N72021'40-E 03.17 ~to'"' -1 HOUSE N72037'30-E 76.23 ,~ ~m . OY"'" S"m m 91.49 235.92 ~N71049'40-E N72037'E Y"'". z CONCESSION 2 Owner: Jean-Guy Bergeron 2611 Maple Grove Road - ZBA 2002-027 and SPA 2002-037 Zoning By-law and Site Plan Amendment ,r-- 632 ~ Lri '" .... ~ . o CI'J (,) o o co Y"'" Z J CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- .. being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle ... WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2002-027: i lIIIli NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: .. .. 1. Schedule 6.4. "SPECIAL EXCEPTION - AGRICULTURAL EXCEPTION (A-68) ZONE" is hereby amended by adding thereto the following new Special Exception 6.4.68 as follows: .. "6.4.68 AGRICULTURAL EXCEPTION (A-680 ZONE .. Notwithstanding Sections 3.1, 6.1 and 6.2, those lands zoned "A-68" on the attached Schedules to this By-law, may in addition to other uses permitted in the "Agricultural (A) Zone" be used for a home occupation. For the purposes of this subsection a home occupation shall be limited to the administrative office and storage of equipment and supplies for a cleaning business within a 255 m2 accessory building subject to the following regulations: a) b) Lot Coverage Accessory Buildings (maximum) 255 m2 No outside storage of goods or materials associated with the home occupation use." .. ... .. 2. Schedule"1" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Agricultural Exception (A-68) Zone" as illustrated on the attached Schedule "A" hereto. .. BY-LAW read a third time and finally passed this day of 2002 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2002 BY-LAW read a second time this day of . 2002 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 633 .. .. - This is Schedule "A" to By-law 2002- passed this day of , 2002 A.D. , - - Q < 01 a:' W > o a:l (!). wi ....J a.. < ~ N.W, ANGLE OF LOT 18, CON.2 LOT 18 - - N72021'4Q"E .17 - ~ &d C\l ... ~ ~ ~ ... z - N72037'30"E 76.23 ~ 01 0... C\l0l ~ 91.49 235.92 ~N71049'4Q"E N72"37'E CONCESSION 2 :2 D Zoning Change from "Agricultural (A)" to "Agricultural Exception (A-68)" - - - John Mutton, Moyor Patti L Barrie, Municipal Clerk - II LOT 22 LOT 21 II LOT 20 NASH LOT 19 II LOT 18 ROAD LOT 17 I L2-0T 16 LOT 15 '~ - - ~ ~ ~ ~ 0 D:: Z !:; ::l ~ D:: 0 J: ~ D:: " U It) ~ ~ ~ z ~ D:: D:: U ~ 0 G w D:: I D:: ::l 0 - - N Z o Vi In () z o () II ~ - BLOOR STREET Darlington .. - ... .. ... .. .. .. ... ... .. ... ... ... ... .. ... .. ... .. .. - -Cl!J!mgron REPORT - PLANNING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, November 18, 2002 PSD-118-02 File #: S-C-2002-001 By-law #: PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION APPLICANT: D.G. BIDDLE & ASSOCIATES ON BEHALF OF 1419345 ONTARIO LIMITED RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-118-02 be received; - 2. THAT the application for proposed draft Plan of Subdivision S-C-2002-001, submitted by D. G. Biddle & Associates on behalf of 1419345 Ontario Limited be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; - 3. THAT the Mayor and Clerk be authorized by by-law to execute on behalf of the Municipality a subdivision agreement with the applicant or any successor in title at such time as the agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services; and - - 4. THAT the Region of Durham Planning Department and all other parties listed here to be forwarded a copy of this report and any delegations be advised of Council's decision. - - Submitted by: o vi . Crome, MCIP, R.P.P. Director of Planning Services BR*L T*DJC*sh November 8, 2002 /~. /7/1 . ~ Reviewed by: U ~--- 'L Franklin Wu, Chief Administrative Officer - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 - h~~ REPORT NO.: PsD-118-02 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Owner: 1419345 Ontario Limited 1.2 Applicant/Agent D.G. Biddle & Associates .... .. .... ... 1.3 Proposed Draft Plan of Subdivision: To permit the development of a seven (7) unit plan of .. subdivision, consisting of single detached dwellings. 1.4 Area: 3.14 hectares (7.75 acres). 2.0 LOCATION 2.1 The proposed plan of subdivision is located in western Newtonville, north of Highway 2, east of Reid Road, south of Hill Street, and west of Ovens Road. The more formal location description is Part Lot 11, Concession 1, Former Township of Clarke (see Attachment 1 ). 3.0 BACKGROUND 3.1 On January 7, 2002 the Planning Services Department received an application for a proposed draft plan of subdivision. The subdivision application proposes to create seven (7) lots for single family detached dwellings. 3.2 Public notice was given by mail to each landowner within 120 metres of the property and four (4) public notice signs (one for each frontage) were installed on the lands. One inquiry was made by a neighbour. Concern was expressed that the plan of subdivision indicated seven (7) lots whereas the concept plan for the rezoning application previously filed illustrated six (6) lots. It was noted all relevant agencies such as the Durham Region Health Department were being circulated for comment on the seven (7) lot proposal. 636 .... .. .. ... Wit ... .... .. ... ... ... .. ... ... - - REPORT NO.: PSD-118-02 PAGE 3 - 3.3 - - .. - - .. - - .. - A Public Meeting for the proposed plan of subdivision was held on March 4, 2002. A resident to the immediate east of the proposal circulated a letter dated March 4, 2002 wherein she and her husband expressed their concerns and opposition to the proposal giving the following reasons: . when she bought the home she was advised that adjacent lands would be agriculturally zoned; . the development will generate too much traffic on a dirt road; . there are no sidewalks; . there will be trespassers that will interfere with feeding stations she has for animals; . requests fencing be installed to keep small children and dogs out of her property because of the pond; . this could be a hang-out for kids; . there will be too many driveways accessing the same road; and . the development will negatively affect property values. A resident immediately south of Highway 2 and the proposal noted the following concerns: . water run off onto her property; . water contamination since she has two (2) private wells on her property; . that an environmental impact and risk assessment study be undertaken; and . if she chooses to own livestock in the future, farming may be in jeopardy. No one spoke in support of the application. _ 4.0 LAND CHARACTERISTICS AND SURROUNDING USES - - - -- - 4.1 The site is currently used for agricultural purposes. In recent years it has been a hayfield. 4.2 The surrounding land uses are as follows: North: hamlet residential and agricultural South: Highway 2 and beyond, agricultural East: hamlet residential West: agricultural 637 REPORT NO.: PsD-118-02 PAGE 4 ... .. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the property as Hamlet. In Policy .. 13.3.5, new municipal water service to a Hamlet is intended for only the hamlet area delineated in the Area Municipal Official Plan. Municipal water service was extended .- to Newtonville in 1989. The property has been within the Hamlet of Newtonville since the 1980's. The application subject to complying with the relevant portions of Policy .. 13.3.9 would comply with the Regional Plan. 5.2 The Clarington Official Plan designates the property as Hamlet Residential. For the Hamlet of Newtonville, the Official Plan requires all development to be serviced by municipal water. Minimum lot size can be reduced provided an engineering study demonstrates the soil and groundwater conditions can support reduced lot sizes without causing contaminated soil or groundwater. Residential development is conditional upon available municipal water capacity and that there is no evidence of soil and groundwater contamination which cannot be mitigated. The proposed development will be serviced by municipal water and have lot areas in excess of 4, 000 m2 or 1 acre. Studies have been submitted that demonstrate there will be no soil and groundwater contamination. The application conforms. 6.0 ZONING BY -LAW COMPLIANCE 6.1 The property is zoned "Holding - Residential Hamlet ((H)RH)". The application would conform with the zoning provisions. The removal of the Holding (H) Symbol would occur when all the conditions of draft approval for the related plan of subdivision have been fulfilled. 7.0 AGENCY COMMENTS 7.1 The application was circulated to various agencies and other departments by the Planning Services Department. Comments and requested conditions of draft approval received to date are as follows. 7.2 The Separate School and Public School Boards requested adequate provIsion be made for sidewalks. The Engineering Services Department in responding advised the 638 .. .. .. .. ... .. .. ... ... ... ... .. - .. .... REPORT NO.: PsD-118-02 PAGE 5 - - Municipality does not require the construction of sidewalks on cul-de-sac's within draft plans of subdivision unless the cul-de-sac provides access to a park or school siting. In this particular application all other sidewalks would be external to the limits of the draft plan and would be constructed by the Municipality through Development Charges. Sidewalks for Hill Street are not currently in the Development Charges Study. - ... .. 7.3 Rogers Cable TV, Hydro One Networks Inc. and Enbridge Consumers Gas had no objections but some agencies provided conditions of draft approval. .. .. 7.7 The Durham Region Planning Department noted that the property is located within the Hamlet of Newtonville and that the proposed plan of subdivision would appear to conform to the Plan. The property is abutting Highway 2 and this leads to the potential for noise impacts from vehicular traffic. An acoustic report has been submitted to, and accepted by this Department to address the above noise source. Warning clauses and construction techniques (Le: forced air heating and ducting sized to accommodate central air conditioning units) will be implemented through the conditions of draft approval. Noise attenuation fencing is not required along the Highway 2 frontage. A Phase 1 Environmental Site Assessment has been submitted in support of the plan of subdivision which indicates there is no contamination on the property. There are no other provincial interests or delegated review responsibilities for this application. Conditions of draft approval have been given. .. - .. - - .. 7.8 The Regional Works Department noted municipal water supply is available to this site from the existing 200mm watermain on Highway 2 and Ovens Road. Frontage for Lots 1 and 2 is off of Reid Road. A 150mm watermain extension is required from Highway 2 northerly on Reid Road to service these lots. Regarding the water capacity allocation charge ($6,OOO.00/lot) the original landowner of the property paid to the Region a sum to secure capacity for five (5) lots. Two lots remain to be paid for at current rates. The watermain frontage charges (at current rates) are unpaid although 38.1 metres of frontage had previously been assessed and will be credited. All watermain connection charges at current rates are unpaid. Municipal sanitary sewer .. - - - 639 - REPORT NO.: PsD-118-02 PAGE 6 service is not available. Individual private waste disposal systems are required for this proposed subdivision. A 3.0 metres road widening (Block 9 in the proposed plan) and a 0.3 metre reserve (Block 10) along Durham Highway 2 from Ovens Road to Reid Road are to be conveyed to the Region. 7.9 A peer review of the applicant's hydrogeologic study has been completed by the Regional Health Department. The Region is satisfied that the site is capable of sustaining private waste disposal systems without adverse environmental impact on or off the site. 7.10 Clarington Engineering Services has no objections to the application proceeding to draft approval subject to their conditions addressing such matters as drainage and grading, road widenings, 0.3 metre reserves and servicing requirements consistent with Municipal practices. Their conditions are contained within Attachment 2 to this report. 7.11 The Ganaraska Region Conservation Authority stated its remaining concerns can be dealt with through the following two conditions of draft approval: a) A stormwater management design brief must be submitted to the Ganaraska Region Conservation Authority to demonstrate pre to post development flows are maintained. Given the sandy soils, the Authority would recommend infiltration trenches and/or improvements to the Reid Road ditch to provide minimal storage and the 720 mm X 480 mm CSP may need to be reviewed; and b) A sedimentation/erosion control plan must be submitted to the Ganaraska Region Conservation Authority. Of particular concern is the swale between Lots 1 and 2 and the Reid Road cross-culvert. Rock check dams may be necessary. 8.0 STAFF COMMENTS 8.1 The property is designated and zoned for hamlet residential uses. The holding symbol will remain in place until the conditions of draft approval have been fulfilled. The proposed plan of subdivision rounds out the built-up area of Newtonville within its hamlet boundaries, providing the hamlet with new housing stock. 640 '" .. ... - .. ... .. .. .. .. .. .. .. .. - .. .. .. ... - REPORT NO.: PsD-118-02 PAGE 7 - 8.2 The outstanding items from the agency comments have been identified and addressed in the conditions of draft approval where appropriate. - - 8.3 The concerns raised by residents have been addressed as follows: - i) - - - ii) .. .. .. - - - - - - - - MisunderstandinG the lands were aGriculturally zoned The subject property has been within the Hamlet of Newtonville as designated in the Official Plan since the 1980s. The zoning to permit the development, "Holding-Residential Hamlet ((H)RH) Zone" has been in place since September 10,2001. Increased traffic on a dirt road Ovens Road will be reconstructed to accommodate five (5) new residential lots. The reconstruction will include the road being widened, illumination will be installed and cul-de-sac provided at the south end with a proper terminus provided. The reconstruction will accommodate the traffic generated by the new homes. jji) Drainaqe concerns on the south side of HiGhway 2 As is the case with any plan of subdivision, this proposal will be subject to an approved detailed grading and drainage plan at the engineering stage. Staff have no concerns that cannot be adequately addressed through the standard process of finalizing the draft plan of subdivision. iv) Water contamination A hydrogeological report was prepared in 2001 for the associated rezoning. In the study it was noted no shallow flow was expected to flow south. Shallow flow would be associated with private waste disposal systems. It was also observed that the property could support eight (8) residential lots. During the plan of subdivision process this study was peer reviewed by an environmental consultant - Gartner Lee Limited. They confirmed the property could support 641 REPORT NO.: PSD-118-02 PAGE 8 .. III seven (7) residential lots and that the assessment complies with the requirements of the Ontario Ministry of the Environment. .. Gartner Lee's recommendations were reviewed by the Regional Health .. Department. The Department was satisfied that the site is capable of sustaining private waste disposal systems without adverse environmental III impact on or off the site. v) Use of property and barn for farmina Although a barn located on the property on the south side of Highway NO.2 has not housed any livestock for a number of years, concern was raised as to its future use. The portion fronting onto Highway 2 is within the Hamlet of Newtonville and is designated Hamlet Residential. However, the property is currently zoned Agricultural (A) within the Municipality's Zoning By-law. The raising of livestock is a permitted use on lands so zoned. In recognition of the agricultural use of lands surrounding the subdivision site, a condition of draft approval will require a clause to be registered on title advising future owners of nearby agricultural operations. 9.0 CONCLUSION 9.1 The application has been reviewed in consideration of the comments received from area residents, the circulated agencies and the Clarington Official Plan and Zoning By- law. The applicant has agreed to the conditions of draft approval as contained in Attachment 2. In consideration of the comments contained in this report, staff respectfully recommends the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions contained in Attachment 2. ... .. 11IIII IIlIil .-Ii ... ... ... .J. ... Attachments Attachment 1 Attachment 2 Location Map and Proposed Plan of Subdivision Conditions of Draft Approval 642 IIIlIIl .. .. III - REPORT NO.: PSD-118-02 - PAGE 9 - Interested parties to be advised of Council's decision: - 1419345 Ont. Ltd c/o John Annis Remax First Realty Ltd. 10 Sunray Street, Unit 23 Whitby, Ontario L 1 N 9B5 D. G. Biddle & Associates Limited 96 King Street East Oshawa, Ontario L 1 H 1 B6 - - Barbara Shetler 4404 Highway 2 Newtonville, Ontario LOA 1JO Bert and Helena Brasz 1705 Ovens Road Newtonville, Ontario LOA 1 JO - .., Valerie Dostie 4383 Highway 2 Newtonville, Ontario LOA 1JO .. - - - - - - - - - 643 ... -- lOr u, CONc i! - '^-- - -.J ~ ::::!/ ..~ - TYPICAL CROSS SECTION A-A OVENS ROAD ~ . .... .... VlJOmCi I'IlDV1It:I TO lWtfTNII laol CUVD DYD DDTNi VATIJIMPI,. ,j I' "ING AGRICUl TURAl AHD ACANT lANDS u, CONe 1 ._- THE KING'S HIGH'WAY - .. -- "1 EXISTING AGRICULTURAL lANDS .. lOT U, CONC 1 (-)44 An ACHMENT 1 .. Ig;: I :>.. - I Sit!.. ;t:> '" I l~i II ~ I .. lOr 10, CONe i! IIIlIIl .. .... A .. ~ .. - ffh Ji ~. ;::... ~S ~ ... ... ~ ... ... ... NO. 2 .... SC 2002-001 Subdivision Application 1419345 Ontario Limited .. ... D Single Family Detached Lots ... .. .. f!I, .. - ATTACHMENT 2 CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION - PLAN IDENTIFICATION _ 1. ... That this approval applied to draft Plan of Subdivision S-C-2002-001, Project No. 100001, prepared by D. G. Biddle & Associates Limited, plot dated November 16, 2001 showing Lots 1 to 7 inclusive, for single detached dwellings, Blocks 8 and 9 for road widening and Block 10 for 0.3 metre reserve and the Owner shall prepare the final plan on the basis of the above-mentioned approved Draft Plan of Subdivision. - FINAL PLAN REQUIREMENTS - 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. ... REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 3. - .. - .. - ... - .... ... - That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 4. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning Services and to the Ganaraska Region Conservation Authority for review and approval, and that, the Draft Plan of Subdivision S-C-2002-001 must have regard for the recommendations in the Tree Preservation Plan. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 5. That the Applicant shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. 6. That the Applicant must enter into a subdivision agreement with the Municipality that includes all requirements of the Engineering Services Department and the Ganaraska Region Conservation Authority regarding the engineering and construction of all internal and external works and services related to this development. 7. The owner shall convey a 3.048 metre road widening, shown as Block 9 on the draft plan, to the Region of Durham for the purpose of widening Regional Highway NO.2. 645 8. The Owner shall convey the 0.3 metre reserve, shown as Block 10 on the draft plan, to the Region of Durham. 9. The Owner shall submit plans showing the proposed phasing to the Region of Durham, for review and approval, if this subdivision is to be developed by more than one reg istration. 10. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the Region of Durham. 11. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the report, entitled "Noise Impact Study for 1419345 Ontario Limited, Hamlet of Newtonville, File: S-C-2002-001 Municipality of Clarington", prepared by D.G. Biddle & Associates Limited, dated February 2002, which specified noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 12. . The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan that are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 13. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water supply plant capacities are available to the proposed subdivision. 14. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of subsurface sewage disposal systems, drilled wells, roads and other Regional services. 15. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: ".,. .. .. .. .. all .... - .. ... .. .. .. .. -- .. a) The Owner agrees to strictly adhere to the lot grading and servicing plan submitted by M.B. Carswell, P.Eng., D.G. Biddle & Associates Limited, Project .- Number 100001, DRG. LG-1, plot date March 1, 2002. b) The Owner agrees to retain a qualified professional engineer who specializes in ... the design of private sewage systems. The engineer shall complete and provide 646 . ~ .. the design of individual private sewage systems to the Regional Health Department for approval. .... - c) The Owner agrees that the design of the private sewage systems shall be in strict compliance with the Ontario Building Code standards for private sewage systems. Under the Ontario Building Code, the maximum permissible Total Daily Sewage Flow for individual sewage systems is 10,000Llday. - - d) The Owner agrees that the developer's engineer shall conduct on-site tests as required on the primary sewage system area for all lots. The engineer shall provide analysis of the soil tests describing grain size analysis coefficient of permeability and estimated percolation "T" times to the Regional Health Department for review and approval. - .. e) The Owner agrees that the developer's engineer shall site-supervise the installation of the private sewage systems and upon completion shall certify that the private sewage systems have been installed with the approved design and to the satisfaction of the Regional Health Department. In cases where the addition of sand fill is required for raised sewage systems, the engineer shall provide certification to the Regional Health Department that the proper amount and type of sand fill has been provided and constructed for the private sewage systems. ... .. f) The Owner agrees that there shall be no construction of accessory buildings or swimming pools in the prime and reserve tile bed areas, or in locations less than the minimum setbacks in accordance with the Ontario Building Code. .. .. g) The Owner agrees to implement those noise control measures recommended in the Noise Impact Study required in Condition 7. .. h) The Owner acknowledges and agrees to insert in all offers of purchase and sale a clause advising all future property owners of the agricultural use of lands surrounding the limits of draft plan of subdivision S-C-2002-001. - 16. That the applicant must submit a Grading and Drainage Plan that is satisfactory to the Director of Engineering Services. The Plan must clearly illustrate how the subject development will impact upon the external drainage system and also demonstrate how the storm drainage water from the subject lands will be conveyed to a suitable outfall location. Any required improvements to the external drainage system must be indicated on the Plan. The Owner will be responsible for 100% of the cost of all external drainage improvements that form a connection between the subject lands and a suitable outfall location. Q .. .. - 647 - 17. That the owner must insert the following clause, in all purchase and sale agreements: (i) "The Owner of each lot within plan of subdivision S-C-2002/001 acknowledges and accepts that their grading may not conform to municipal guidelines and may carry flow from adjacent lots due to existing topography constraints. Each purchaser is to satisfy themselves with respect to the final grading of their lot." 18. That the owner will be responsible for 100% of the cost of the reconstruction of Ovens Road from Hill Street to the southerly limit of development as well as any other external works or services which are deemed necessary by the Director of Engineering Services to service this development. The applicant will be required to install street illumination on Ovens Road. An appropriate clause addressing the reconstruction and improvements that are required for Ovens Road must be included in the Subdivision Agreement. 19. The road dedication identified as Block 8 on the draft plan must be provided to the Municipality free and clear of any encumbrances and in a manner that is satisfactory to the Municipality's Solicitor. 20. The applicant must submit a Servicing Report that is satisfactory to the Director of Engineering Services. 21. That all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 22. That the applicant meets all the requirements of the Engineering Services Department, financial and otherwise. 23. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, five percent (5%) cash-in-lieu of parkland dedication for residential development. 24. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 25. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 64c ..., ... ... .. .. .. ... .. ~ .. .. ., .. .. ~ IIfII/I ... .. .. - - 26. That the Owner shall adhere to architectural control requirements of the Municipality. 26. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner. agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. .. .. .. 27. - 29. .. 30. . 31. .. 32. ... .. .. .. ... JIlt .. .. - .. The owner is to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. The streets are to be constructed in accordance with municipal standards. The Owner shall grade all streets to final elevation prior to the installation of the gas lines, and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Consumers Gas. All of the natural gas distribution system will be installed within the proposed road allowances. A stormwater management design brief must be submitted to the Ganaraska Conservation Authority to demonstrate pre to post development flows are maintained. Given the sandy soil, the Authority would recommend infiltration trenches and/or improvements to the Reid Road ditch to provide minimal storage and the 720X480mm CSP may need to be reviewed. 33. A sedimentation/erosion control plan must be submitted to the Ganaraska Region Conservation Authority. Of particular concern is the swale between Lots 1 and 2 and the Reid Road cross-culvert. Rock check dams may be necessary. 649 .",; .... Ift/II .. .. ... .- ... ... .., .." ... ... ." .. .", .. .. till - Clw.:fflglOn REPORT - PLANNING SERVICES - Meeting: - Date: Report #: .. Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, November 18, 2002 PSD-119-02 File #: ZBA 2000-004 & LD 050/2002 By-law #: REZONING AND LAND DIVISION COMMITTEE APPLICATIONS APPLICANT: LOUISE AND ROBERT MARTIN PART LOT 14, CONCESSION 8, FORMER TOWNSHIP OF DARLINGTON 15 MAPLE STREET , HAYDON RECOMMENDATIONS: .. .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-119-02 be received; - 2. THAT the Ontario Municipal Board be requested to deny the application for amendment to Zoning By-law 84-63 and Land Division Committee Application LD 050/2002, submitted by Louise and Robert Martin, to permit the development of a detached dwelling on the subject property; .. ... 3. THAT the Solicitor and Staff be authorized to appear before the Ontario Municipal Board in support of Recommendation 2; .. 4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department and the Ontario Municipal Board; and - 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. .. .. ReVieWedbY~ ~~ , ~klin Wu, Chief Administrative Officer .. BR*L T*DJC*sh November 13, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 .. Asn ... REPORT NO.: PSD-119-02 PAGE 2 .. 1.0 APPLICATION DETAILS .. 1.1 Owner/Applicant: Louise and Robert Martin ... 1.2 Rezoning: from "Environmental Protection (EP)" to an appropriate zone(s) to permit a single detached dwelling unit .. 1.3 Land Division Committee Application: Severance to permit development of a single detached dwelling unit ... 1.4 Area: 1.5 hectares (3.71 acres) for entire property Proposed Severed Lot: 1.1 hectares (2.71 acres) approximately Proposed Retained Lot: 0.4 hectares (0.99 acres) approximately .. 1.5 Location: The area subject to the proposal (see Attachment 1) is located in the Hamlet of Haydon, west of Bowmanville Creek and on the east side of Maple Street. The municipal street address is 15 Maple Street, Haydon. The more formal location description is Part Lot 14, Concession 8, former Township of Darlington. ... lIIII .. 2.0 BACKGROUND 2.1 In 1999 Mr. and Mrs. Martin initiated discussions with Municipality and Conservation Authority staff to investigate the possibility of severing a lot from their property. Staff at the time expressed concern there appeared to be insufficient tableland above the top-of- bank of the creek valley to permit the construction of a new dwelling. This was of particular importance given the minimum five metre setback required from the top-of- bank of the creek valley. The Conservation Authority suggested that prior to proceeding with any applications, the Martins should provide a survey to establish the top-of bank to help all parties determine whether there is any merit in proceeding further. .. .. .. ... .. 2.2 On January 31, 2000, the Planning and Development Department received an application to amend Zoning By-law 84-63 in order to permit the development of a single .. detached dwelling in an area that is zoned "Environmental Protection (EP)". .. .. 651 .. - REPORT NO.: PSD-119-02 PAGE 3 - 2.3 The public meeting for the rezoning application was held on March 20, 2000. No one spoke in objection to/with concern for the rezoning. A neighbour spoke in support of the rezoning on the basis that the property is not suitable for agricultural purposes. One of the owner/applicants, Mr. Robert Martin circulated photos of his property and indicated the area being rezoned is located outside of the valley lands. He also noted that in the mid 1980's, a rezoning application was approved for the lands immediately to the north. He advised that, even though there is a possibility that his request may be denied, he wanted to proceed with the processing of the application and will attempt to meet the requirements of the Municipality. - - - .. - 3.0 LAND CHARACTERISTICS AND SURROUNDING USES - 3.1 The subject property is within or adjacent to the Bowmanville Creek Valley (East Branch). A large majority of the subject property area and the proposed lot area are west of Bowmanville Creek. There is some forest cover through this creek valley. The site of the proposed retained lot is vacant. A single detached dwelling built in 1880 exists on what would be the severed lot at the southern corner of the subject property. ... - - 3.2 The surrounding land uses are as follows: North: Hamlet Residential South: Hamlet Residential East: Bowmanville Creek West: Hamlet Residential .. .. - 4.0 OFFICIAL PLAN CONFORMITY 4.1 The subject property is located in Haydon, a designated hamlet in the Durham Regional Official Plan. The Durham Plan provides that hamlets shall be the prominent location for settlements in the rural area. The Durham plan permits residential infilling in hamlets provided the proposed lot will support a private well and waste disposal system, and provided the lot is not adversely impacted by any physical or environmental constraints. The Bowmanville valley lands are identified as being an environmentally sensitive area. The proposed rezoning application does not conform to the policies of the Durham Regional Official Plan. - .. - .. 652 - REPORT NO.: PsD-119-02 PAGE 4 4.2 The Clarington Official Plan designates the majority of the property Environmental Protection Area with a small portion designated Hamlet Residential land at the southern and northwestern comers of the property. An Environmental Impact Study is to be undertaken for development applications located within or adjacent to any natural features identified on the Official Plan's Natural Features and Land Characteristics Map. The Official Plan stipulates, in no case can a building setback be less than 5 metres in width. In the case of new plans of subdivision or consent applications, lot lines shall not extend beyond the established setback. The proposed rezoning application does not conform. 5.0 ZONING BY -LAW COMPLIANCE 5.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, zones most of the subject property "Environmental Protection (EP)" with the exception of a sliver of land at the southern comer of the subject property, the site of the existing dwelling. The entire northwestern comer of the subject property is zoned "Environmental Protection (EP)", being the area of the proposed lot, hence, the need for the rezoning application. 6.0 AGENCY COMMENTS 6.1 The rezoning application was circulated to various agencies/other departments. The following indicated no concerns: Hydro One Networks Inc., and Emergency and Fire Services Department. Other comments received to date are as follows. 6.2 The Clarington Engineering Services Department stated the need for a Lot Grading Plan prior to the clearance of the severance application if the rezoning application is approved. This plan must demonstrate that construction of the dwelling is viable. The applicant must provide a grading and drainage performance guarantee as well as make application for property access from Maple Street and pay all costs associated with this access. The applicant must also make an appropriate cash contribution in lieu of parkland dedication. 653 ... ... till ... .. .. .. ., IIIlIIl ... .. ... .. .. .. .., ." .. till .. REPORT NO.: PsD-119-02 PAGE 5 .. 6.3 The Region of Durham Planning Department noted the purpose of the application is to rezone a portion of the subject lands to permit a single family detached dwelling on a proposed lot. The rezoning application specifically proposes to change the zoning to a Residential Hamlet zone in order to allow for the creation of this lot. - - - The Region of Durham Land Division Committee considered and refused the applicant's proposed severance application on June 10, 2002. The decision of the Land Division ... Committee was appealed to the Ontario Municipal Board by Louise and Robert Martin on June 18, 2002. .. - The subject property is located in Haydon, a designated hamlet in the Durham Regional Official Plan. The Durham Plan provides that hamlets shall be the prominent location for settlements in the rural area. The Durham Plan permits residential infilling in Hamlets provided the proposed lot will support a private well and waste disposal system and provided that the lot is not adversely impacted by any physical or environmental constraints. In addition, the proposed use must comply with the requirements of the local zoning by-law. The proposed rezoning application does not conform to the policies of the Durham Regional Official Plan. .. - - - Municipal services are not available to the subject site and there are no plans to extend municipal services to this area of the Municipality. Therefore, servicing for the proposed dwelling must be provided through private services. - - The application has also been screened in accordance with the terms of the provincial plan review responsibilities. - Bowmanville Creek spans the entire length of the subject lands and a significant portion of the subject land contains an environmentally sensitive area. An Environmental Impact Study has been prepared in support of the proposed new lot and dwelling. The study concludes that from an environmental perspective, there should be no net impact to the natural environment. However, the study concludes that the proposed lot does .. - - 654 - REPORT NO.: PsD-119-02 PAGE 6 not appear to be sufficiently large enough to accommodate a reserve septic system bed area that would comply with Durham Region Policy. The subject lands have also been identified as having a high archaeological assessment due to the proximity of Bowmanville Creek. However, the Ministry of Culture (formerly Ministry of Citizenship, Culture and Recreation) has advised that the development of a single building and related infrastructure, does not require an archaeological assessment. 6.4 The Central Lake Ontario Conservation Authority noted that an Environmental Impact Study (EIS) (Gartner Lee Ltd., 2002) and a Geotechnical Investigation (Haddad Geotechnical Inc., 1999) have been completed for the property. CLOCA Staff generally supports the findings of these reports. These studies have indicated that development may occur without impacting either natural heritage or natural hazard features identified subject to a number of conditions. The EIS does not indicate that additional tableland will be required to protect the environmental features and functions of the Bowmanville Creek Valley. Staff previously reviewed the subject property with respect to a proposed land division in 1999 (see paragraph 2.1). At that time, given site constraints, CLOCA agreed to allow the top of bank to be the lot limit (CLOCA did not require a 5 m setback of the lot line from top-of-bank). Accordingly, for the current zoning proposal we would take a similar approach and allow top of bank to be the eastern limits of the residential zoning. Therefore, providing all of the flood plain, valley, hazard and environmentally sensitive lands (lands below top of bank) are zoned Environmental Protection (EP), we would not object to the tableland being zoned appropriately to support the residential uses. Subsequently, we would not object to the creation of a lot above the top of bank, provided there is sufficient tableland area to support a residential dwelling and its associated facilities; with the remainder of the valley, flood plain, hazard lands, etc. remaining with the existing/retained parcel. 655 .. .. .. ... .. ... .. .. .. ... .. - IIIiIl .. ... ... .. ... .. - REPORT NO.: PsD-119-02 PAGE 7. - - 7.0 ENVIRONMENTAL IMPACT STUDY - 7.1 Following the preparation of the appropriate terms of reference, Gartner Lee was selected from the Municipality's roster of consultants to complete the Environmental Impact Study for the proposed development. Several drafts of the report were prepared . and reviewed by the applicant and the review agencies. The consultant was required to respond to the applicant's questions and to clarify and provide justification for the conclusions contained in the report. The final EIS was submitted on June 4, 2002. - - - 7.2 The consultant concluded that there should be no net impact of this proposed single lot development from environment perspectives, if the proposed mitigation is followed. However, it remains that the building and septic system locations would extend beyond the top-of-bank and require an exemption from existing municipal and regional policy to permit construction to proceed. The consultant concludes there is insufficient area outside the Environmental Protection zone to construct a building plus a septic bed and a reserve bed under the current applicable policies. - - - - 8.0 LAND DIVISION COMMITTEE APPLICATION - 8.1 To implement the rezoning application the Martins filed a severance application with the Regional Land Division Committee in February 2002. The application initially filed (see Attachment 3) proposed to split the property in an east-westerly direction into two parcels, 1.1 and 0.4 ha in size. The valley lands were to be split between the two new properties. - - 8.2 Staff recommended to the Land Division Committee that the application be denied on the basis: - - . The rezoning application had not been approved by the Municipality; . The Environmental Impact Study had not been completed; and . The severance application did not comply with the policies of the Municipality's Official Plan. - - 656 - REPORT NO.: PsD-119-D2 PAGE 8 The Land Division Committee tabled the application for a year at the request of the applicant. 8.3 The severance application was subsequently re-scheduled by the applicants for the Land Division Committee meeting to be held on June 10th, 2002. The severance application was amended (see Attachment 4) by the Martins so that the retained parcel would maintain ownership of the valley lands and the lot itself would be located above the top-of-bank. It was the Martins' position that the amended application correctly identifies the top-of-bank as determined by the Hadd~d Geotechnical Report prepared in 1999. This report was prepared for the Martins at their request. Staff in commenting on the revised application recommended that the application be denied for the same reasons provided at the earlier hearing date. The application was denied by the Committee as the proposal did not conform to the Municipality's Zoning By-law or the policies of the Clarington and Durham Region Official Plans. Staff was advised by the Ontario Municipal Board that the Martins had appealed the Land Division Committee decision. 9.0 STAFF COMMENTS 9.1 The primary issue at hand resulting from the Environmental Impact Study is the location of the top-of-bank and related setbacks/buffers. Three criteria assist to determine the limits of development as follows: . The top-of-bank · Slope stability that could potentially increase the buffer; and · Environmental impact issues that could potentially increase the buffer .. till ... .. IlIIIl .. ... .. .. .. .. - .. ... ... This portion of the Bowmanville Creek is a confined valley system. The Conservation .. Authority defines the top-of-bank as the physical delineation of a noticeable break in the topography between the tableland and the stream valley. The top-of-bank as _ 657 .. .. ... REPORT NO.: PSD-119-02 PAGE 9 - determined by the Consultant is shown on Attachment 1 to this report. Although the _ consultant concluded there should be no net impact of this proposed single lot development from an environmental perspective, exemptions to current municipal and _ regional policy would be required for the building and septic system locations. _ 9.2 Staff reviewed possible options to consider whether a residential lot could be accommodated. These were as follows: - - . Reduction of 5 metre setback The Official Plan's interpretation policies allow for some variation of numeric figures provided that it is not for convenience, is warranted on valid planning grounds and in no case, shall not exceed 10%. This would only reduce the setback requirement to 4.5 metres and does not make any significant difference of the developable land available (see Attachment 1). - .. . Reduction of front and rear yard setbacks in the site specific zonina This could be considered subject to suitable lot area and configuration. - . Allowina the lot to extend below the top-of-bank This is contrary to the Clarington Official Plan and is discussed further below. - . A 110 win a the reserve tile bed to be located below the top-of-bank This is contrary to Region Policy. - 9.3 It is staffs position that even with consideration of reducing the 5 metre lot line setbacks or reducing building setbacks, there is insufficient developable area above the top-of- bank to permit the development proposal. The Official Plan is clear in its intent to ensure that new lots are not created that extend beyond the top-of-bank and that an appropriate buffer be provided by a setback of the lot line from the top-of-bank. In this case, there are no environmental or slope stability issues which would require the lot line to be set back greater than the minimum distance of 5m outlined in the Official Plan. - - - - 9.4 The Martin's do not agree with the top-of-bank as determined through the Environmental Impact Study. The applicant's position is that the Stable Slope Line identified in the Haddad Study (shown on Attachment 4) should be considered as the - .. 658 ... REPORT NO.: PsD-119-02 PAGE 10 top-of-bank. This is not accepted by CLOC or the Municipality's EIS Consultant. Staff advised the Martins by correspondence of the need for their submission of an Official Plan amendment for Council's consideration to permit the development as proposed. An application to amend the Official Plan has not been submitted. 9.5 Given the minimum area available for a lot identified as the development envelope on Attachment 2, the size and shape of such a lot does not make an appropriate or usable residential lot. The lot is approximately 1,000 sq. m. whereas the zoning requirement for a Residential Hamlet lot is 4,000 sq. m. It is the Martins intentions that the Land Division Committee application and Rezoning application are heard jointly by the Ontario Municipal Board. 10.0 CONCLUSIONS 10.1 Based on the comments provided in this report, it is respectfully recommended that the Solicitor and Staff be authorized to appear at the upcoming Ontario Municipal Board hearing requesting the Board to deny the application for amendment to Zoning By-law 84-63 and the Land Division Committee application to permit the severance and development of a single detached dwelling unit on the subject property. Attachments: Attachment 1- Attachment 2- Attachment 3 - Attachment 4 - Site Location Key Map Site Plan - Figure 1 from the EIS Site Plan - Land Division Committee - First Submission Site Plan - Land Division Committee - Latest Submission 659 .. .. III .. .. ... .. .. .. ... ... .. .. ... ... - .. .. .. .. REPORT NO.: PsD-119-02 PAGE 11 .. Interested parties to be advised of Council's decision: - - Louise & Robert Martin 15 Maple Street RR#1 Bowmanville, ON L 1 C 3K2 Louise Bowler 8169 King Street RR#1 Bowmanville, ON L 1 C 3K2 - - Pat Kuypers 8121 King Street RR#1 Bowmanville, ON L 1 C 3K2 Bev and Brent Cochrane 61 Maple Street RR#1 Bowmanville, ON L 1 C 3K2 .. - Damian Farrugia 8209 King Street RR#1 Bowmanville, ON L 1 C 3K2 Scott Cameron 42 Maple Street RR#1 Bowmanville, ON L 1 C 3K2 - - Linda Gasser 7421 Best Road PO Box 399 Orono, ON LOB 1 MO Richard Howes 22 Jane Avenue Courtice, ON L 1 E 2H9 .. John Wood .. 7 Maple Street Haydon, Ontario L 1 C 3K2 - - - - - - 66U .. - ... .. ... .. .. - - .. .. - ... .. .. .. ... .. .. .. - - - - - - .. - - .. - .. - - .. - - - N ZBA 2000-004 W+E s - ATTACHMENT 1 661 ... .. .. .. .. ... .. ... .. .. ... .. ... .. ... .. .. ... IIIlIIl ATTACHMENT 2 - - ....." ~,. ,f ird i / i i i i i i i i ; : ! ; - - - - - i / ! I i / ! i i i i I iiS' I~ I . ~/f ~ '! It /l - - - - - - - ,,'!I~ a C) ::: - ___ Upslope Umlt of 30 m Buffer - r::::::: I Develop/TMlnt Envelope 10 - 20 - ~ SITE PLAN (Building Locations and Septic Bed as proposed Oct. 2001) F10UU 1 Gartner L.. ScaIc I :500 Martin Property, ElS MWlicipality of Clarington Projcc120-197 (2OllO\"-"" - - AA2 UlIUW /Wfrt f'l.AII_tm ~ 01 i' .f' . /\ 0> P ~ ,/' First Submission ATTACHMENT 3 ... ;Q bI ~ .. .. ~ .'1 'I .. .. .. ~ IIIlIIl .. Topographic Sketch Land Division Application LD Pan of Lot 14, Concelllon 8. Township of Darlington Munlclpallty 01 Clarlngton, Region 01 Durtlam R.C. Marllillnc. O.L.S. .. ... Scala 1 : o 15 30 45 .. Metric Ojllanc'. Met '''Vljon, Ihown hereon .,. In m..... end '*' be conwentd to .... by dl.king by 0.- NOlas: .. 1. Bounder)' inforrn.aion Ihown bereon ..... been compi6rtcI tom PtIn lOR.317 ond P1onlOR.1I7. __....__. 2. EI'vdonl.... ""led k>... centr. In, 01'" sn.t..... cutYer1 over 1M. BowmanvtUt Creek hIi'llng en '''ve1ion oI224.14m (737.00 fMt). Ihown on ... WIIilby Bow....vIIIs F_ PIIln lI.ppilg. SIIooI ':JOaf 14' ""74. 3. Tho F_ _ UmM __ WlI _ hm III WIIi1by Bow_ F_ P10ln MIIplling. '174. .. Tho Top 01 Bonk S.....n _ w.. .._ by MoO. ...... P.Eng.. O.L.S. on Jonuory 27, '"3_10 _n on PIon 'OR.l.n_I....... by ... "" conlinvoul Mil< In oIopo ~... load pIoin. .. Tho S_ Slope Lillo w.. 0_ G. F_ M.k (IIoddod Goo.ochnlcol) koIoy, ,.... .. Tho TriO Uno 0_ ol", VoIloy C_ V....... dopidod '*""' woo oblOinod bom MInIoIry ol Nllurli R_ _ Onlorio AIriII_ P,ojocl Colour _ _..lllIy 12, '"7. 7. Tho Prlmory "plio AIM __ _10 "". C1..1 . ADIoo1>ion L-.g Bod align ond hel _~1IIy _"".4_232...._ ""'olli"ll_ ZO 1Ix",," (00_ R~ _7. 8uIdlng Code AcI- ... ... ... Surveyor's Cenlllcate: ,. The Field au,....y ,.prtlMn'" on thl, _ wu CXNnPtIlitd on AptI3, ',", ... Oiled: Jenuwy . 2000 R_C.M_O.L.'. R.e. Martin Inc. Ontario Land Surveyor SY11203. "'40'_-, _.~_tG1 T..-f4'I)__ F.f4tl)lI3HlIOll CAD FILE :MAR"UUREV_28I01102) ... .. LD 050/2002 .. .. .. .. - - .,. - .. - .. .. .. - - - ., - - .. - UI_ IWfff ___ fA Latest Submission Iii Qt. ... Topographic Sketch Land Division Application LO PIII1 of 1.D114. ConI:lMlllon a. Townllhlp 01 DerIlnglQn MunIcI~1Iy of Clertng\lon. RevIon Of 0U/lIam R,C. Martin Inc. O.L.S. Scale 1 : l500 o 15 30 411 CauIIOn: TlliO......._oI.....,. M.uIc D........ ... ~.Ibaw" hIfeof'l .. '" ma... ant An be CDn""" ..1o?i117 ...... _ UDlI NoIIlI: ,. -.-v 10_ _. _ bu_ -.pied.... l'Ian'IlR-3I7, ,.,..,'OI\.1I".......-..,~... oI.....,II7........~l.III. ,.. Ne.'..'D,CIoR aM _ ...__ I. e_... nI.... It III _n... oIMI_."__" a..._ c.-......... ._ 0I1a4_ (nf.llll_" - OIl lit WIIH11y ___,_ PIoln.........._':lDoI,..' .,"4. 3.f1Io~_UOlI____-"''MIIlIor _,..... PIoln II....... '" ,.,.. 4. Tho Tap 01......- __ _..-.., ILD._P........ o.L.a... J_lf.'IIlI_1O __.._ 'DR-I"'_Io_ .., 1llO___ __~...._..._,..., ... 1_ I..,. ~ IIl4IIla -"' M'" 01"'-''''--' t. Tllo _ 1lapo\Joo... _0. ,._11.80. p-... -....-)...,.'- .. Tllo TMUM _ 01... V_ C_ \IagolUan 1IjIIdld"""" _oDIIInM_lIlnIolryol_R_____ 1'<9jMl__ -..ur'3o ,II? 1. Tllo I'ItIMry ........... _.......... "'. CIoN 4 _'''''' ~ Ila4ldoaItn....... -~ -",..-=....- ......._1ID_1J)uru._~._-~ Swveyor'a Cel1l1lclll8: I. Tho FloWlllrvoyra.....-""lIIltplln."_"",OjlrII:l, I.",. 0_ "_1I.2llO;I _c._o....., R.C. Martin Inc. 0nl8tI0 Land 8uMyOr ,........- H.,..,_L'CaMI ,........lIOIl-- CAD FL&: UAR",UUREV_1Ml:WZ) ATT ACHMENT 4 LD 050/2002 664 .... .. ... .. .. .. .... .. ... ... ... .. ... ... ... .. .. till .... .. .. Cl~mgron REPORT PLANNING SERVICES - - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 18, 2002 - Report #: PSD-120-02 File #: PLN 32.12.5; By-law #: PLN 32.12.11;COPA 97-12 - Subject: REFERRAL NO.5 AND RELATED APPEALS TO THE CLARINGTON OFFICIAL PLAN - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD -120 - 02 be received for information; .. - Submitted by: a I / J. Crome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by: J~ ~ ~~ Franklin Wu Chief Administrative Officer - - - JS*DC*sh November 11, 2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 665 - REPORT NO.: PsD-120-02 PAGE 2 ... 1.0 BACKGROUND The Clarington Official Plan was approved by the Region of Durham in September 1996. Portions of the Plan related to mineral aggregate extraction and environmental protection were either referred or appealed to the Ontario Municipal Board, as discussed below. .. .. .. 1.1 Referral NO.5 In October 1996, the Aggregate Producers' of Ontario (APAO) requested the referral of a large portion of the Plan. This referral, which became Referral No. 5, included the following: . portions of Chapter 4 (Natural Environment and Resource Management) . portions of Chapter 14 (Open Space System), specifically Environmental Protection Areas and Oak Ridges Moraine . almost all of Chapter 15 (Aggregate Resources) . lands designated 'Aggregate Extraction' on Map A (Land Use) . Map C (Natural Features and Land Characteristics) as it relates to aggregate extraction. .. .. .. .. .. .. The APAO was concerned that the policies of the Clarington Official Plan emphasized the protection of the natural environment over the use of resources, ... and therefore did not achieve the balance required by the Provincial Policy Statement. .. 1.2 Appeals Nos. 2 and 3 The Region, in approving the Clarington Official Plan, deferred their approval of the following parts of the Plan: · Deferral No. 7 - Section 15.3.4 which prohibits new aggregate extraction within the portion of the Ganaraska River watershed as identified on Map o (Aggregate Resource Areas) · Deferral NO.8 - Section 15.3.7 which sets out the study requirements for applications for aggregate extraction · Deferral No. 26 - the Upper Ganaraska River Watershed as shown on Map D. .. ... ... .. .. .. 666 .. .. - - - - - - - - - REPORT NO.: PsD-120-02 PAGE 3 In 1997, the Municipality of Clarington submitted appeals (Appeal Nos. 2 and 3) to the Ontario Municipal Board on the Region's failure to deal with these deferred portions of the Clarington Official Plan. 1.3 Appeal of Amendment No.3 In October 1997, the Municipality adopted Amendment No. 3 to the Clarington Official Plan. The Amendment was subsequently approved by the Region in January 1998. The amendment was prepared in response to the new Provincial Policy Statement issued under Bill 20 and addresses the balance in the Plan between environmental and aggregate extraction considerations. A new section entitled "Mineral Aggregate Resources" was included in Chapter 4. This section provided new or revised strategic policies for mineral aggregates, and addressed such issues as the preparation of area-wide rehabilitation plans. The definition of "development" in Section 24 was also amended to include the extraction of mineral aggregate. - 2.0 - 2.1 .. - - - - - - The APAO appealed the approval of Amendment No.3 to the Ontario Municipal Board. NEGOTIATED SETTLEMENT WITH THE APAO Beginning in 1997, the Municipality initiated discussions with the APAO to resolve the various referrals and appeals related to the mineral aggregate policies in the Official Plan. SAGA (Save the Ganaraska Again), STORM (Save the Oak Ridges Moraine), the two Conservation Authorities, as well as the Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing participated in the discussions. The discussions were lengthy and the Municipality retained a number of consultants to assist in the negotiations and in the preparation of revised Official Plan policies and maps. A settlement was negotiated with the APAO in mid-2000, with the concurrence of the other parties. 661 PAGE 4 REPORT NO.: PsD-120-02 ... 2.2 The settlement involved extensive changes to the Official Plan, the most significant of which are discussed below. i) ... ... Chapter 4 A new section entitled 'Natural Heritage System' was added to Chapter 4. This section identifies the key components of the natural heritage system, including the Ganaraska and Sault Forests. It also provides a number of new policies on the Oak Ridges Moraine, including the identification of the Oak Ridges Moraine Natural Corridor to connect the two forests. .. .. .. Another new section, entitled 'Natural Resources', includes policies to address the balance between the management and wise use of the Municipality's mineral aggregate resources and the protection of the natural heritage system and rural quality of life. As well, natural heritage and socio-economic constraints to mineral aggregate extraction are identified. ... ... ... .. ii) Chapter 15 Chapter 15 focuses only on "Aggregate Extraction Areas". Extraction Areas are recognized as interim land uses and requirements for applications to establish or expand an Extraction Area are provided. ... Aggregate new study Aggregate ... ... iii) Maps On Map A, Aggregate Extraction Areas are shown as an overlay designation. Map C is renamed to "Natural Heritage System" and the Ganaraska and Long Sault Forests, as well as the Oak Ridges Moraine Natural Corridor, are identified. A new Map G, entitled "Potential Aggregate Resources Areas, has been added. This map identifies the unconstrained portion of the mineral aggregate resource area within which applications for Aggregate Extraction Areas may be considered, reflecting ... .. .. .. - 668 .. .. REPORT NO.: PSD-120-02 PAGE 5 applications for Aggregate Extraction Areas may be considered, reflecting the natural heritage and socio-economic constraints identified in Chapter 4. 2.3 Implementation of NeQotiated Settlement - The Implementation of the negotiated settlement required both an amendment and a modification to the Official Plan. - - - - Amendment No. 19 introduced the new policies and map changes required by the negotiated settlement. It was approved by the Region in March 2001 with no appeals. - - Modification No. 173, approved by Council in October 2001, dealt with the changes to policies and maps that have been referred or appealed to the Ontario Municipal Board. OMB approval of Modification No. 173 was required to give full effect to the negotiated settlement with the APAO. However, the freeze on applications on the Oak Ridges Moraine, imposed by the Provincial Government in November 2001 with the passage of the Oak Ridges Moraine Protection Act, prevented Modification No. 173 from being forwarded to the OMB for approval. The freeze was lifted in April 2002 with the release of the Province's Oak Ridges Moraine Conservation Plan. - .. - .. - An OMB hearing was held on October 17, 2002 to obtain the necessary approvals to implement the balance of the negotiated settlement with the APAO. The Board approved Modification No. 173 and, with the exception of two policies, refused to approve Amendment No.3. This was necessary since many of the policies in Amendment No. 3 have been superseded by the negotiated settlement. A copy of the OMB decision is attached. - - - 3.0 CONCLUSIONS The revised Official Plan policies resulting from the negotiated settlement with the APAO, as now fully approved, capture the intent of many of the directions - - 669 - REPORT NO.: PsD-120-02 PAGE 6 "",; given in the Oak Ridges Moraine Conservation Plan. These directions include the identification of a natural heritage system with nodes and corridors based on a series of criterion for significant natural features. .. .. The Oak Ridges Moraine Conservation Act requires the Municipality to adopt an Official Plan Amendment by October 22, 2003 to implement the Oak Ridges Moraine Conservation Plan. The OMB's approval of the balance of the negotiated settlement represents a significant advance towards that goal, although a further amendment will be required to bring the Clarington Official Plan into full conformity with the Conservation Plan. Key changes to the Official Plan will include changes to the Moraine boundary, recognizing the land use designations used in the Conservation Plan, study requirements for development applications, groundwater protection, and landform conservation. Staff will be reporting further on what work will be necessary to complete the conformity exercise. ... .. .. .. ... ... Attachments Attachment 1 - Memorandum of Oral Decision Delivered by Ontario Municipal Board .. ... .. ... ... .. ... .. 670 ... .. - DECISION/ORDER NO: 1489 Ontario Ontario Municipal Commission des affaires muni '02NOV06 P1112:01 :18 ATTACHMENT 1 .. .. ISSUE DATE: Nov. 04, 2002 ~~ ~r~~1JCl_~ON PL970051 - - At the request of the Aggregate Producers' Association of Ontario, the Regional Municipality of Durham has referred to the Ontario Municipal Soard under subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended, portions of the Official Plan for the Municipality of Clarington as they apply to the specific policies or land use designations within the Plan, specifically Referral No. 5 Region's File No: LOPA-C-96-001 OMS File No: 0970004 - - The Municipality of Clarington' has appealed under subsection 17(33) of the Planning Act, R.S.O. 1990, c. P.13, as amended 1 from the failure of the Regional Municipality of Durham to announce a decision respecting Sections 15.3.4 and 15.3.7 of the Clarington Official Plan (Appeal NO.2) and Deferral 26 to the Clarington Official Plan (Appeal No.3) Region's File No: LOPA-C-96-Q01 OMS File No: 0970004 - .. - I.'-.,.",...........~-- .-.._..__...-.........-..~._-_._~~'...~.. - The Aggregate Producers' Association ot ontaoo.l,~~~to ~he Ontario Municipal Soard under subsection 17(36) of the Planning ~~.J~~:C?~_~,f.1~ ~s amended, from a decision of the Regional ~~ni~ipality of. Durham ko.,~p:p~eve Proposea'):nie~dment No.3 to the O~cial Plan for the MUniCIpality of Clanngton f, '-'~'"" "Y. ........,..- ,.. ,". ... ! Region's File No: LOPA-C-97-002 ru~~h~1Nb:._ "if]. " .-;t". . , OMS File No: 0980045 rt7::\. 'i~~' -'~""_Y- <.-..- ..: v 'i i 'J t.,' · -. .---.......-"1 \o-;:~..";-....r""_.._'\;.: _...."'i~; . . . ' - d-' .'~. ,...;. ..~,--J.;..""''''~':'''''';.''''"'''''';.'~''''l A P PEA RAN C E 5 : r~_':::~'~::~:~.~'.':,~.:.~'j:::,,:::~:'o:j; Parties ~. "'--'o>_-"'''''.'i'--'''':.'-o",",'''~ounsel*/AQent ~.. .;.""'~ ..,... ,..;:.,._!_... .:-. ., . ........., :.-.-,. : ".' ..:,. ,~,,~.......~~J.O,,;:~~' Municipality of Clarington andt...;,,.,"",.....;-~...,,..... .. ~,~.'-;,:"'''-=,,.;; Regional Municipality of Durhfim""'''''''N'''''.'''''''''' '1...:,.,.~'c""..,-o. C. Hefferon* ,;;:,_;,~~:..,., ...~ .."'....."........ ..............i.., ._" '.' :;.:: f;.N. ,~Y. - - - - Aggregate Producers' Associ~tior{df-Ontarioc;"':"""'''''''''' D. W. Fairbrother* - Save the Ganaraska Again (S.A.G.A.) and Save the Oak Ridges Moraine (S.T .O.R.M.) K. Guselle - - MEMORANDUM OF ORAL DECISION DELIVERED BY s. W. LEE ON OCTOBER 17. 2002 AND ORDER OF THE BOARD .. 671 .. r -2- PL970051 ... . The Board was advised that all the parties have consented to a settlement. In view of the urgings made to the Board and in view of the uncontradicted evidence given by the Town planner who testified in favour of the settlement, the Board finds and Orders as follows. ... ... ... The Board is satisfied that the settlement as represented by Modification No. 173 represents good planning, conforms to the Regional Municipality of Durham Official Plan and the Oak Ridges Moraine Conservation Act. ... The Board hereby Orders: .. 1. That appeals 2 and 3 are made to the Board by the Municipality of Clarington pursuant to subsection 17(33) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Regional Municipality of Durham to announce its decision respecting proposed Sections 15.3.4 and 15.3.7 and to decide the subject of Deferral 26 of the Official Plan of the Municipality of Clarington ("Clarington Official Plan") are consolidated with the hearing by this Board of Referral No. 5 by the Regional Municipality of Durham by letter dated December 13, 1996 of portions of the Official Plan as they apply to specified policies and designations contained in the Official Plan. ... ... .. .. ... 2. That the appeal of the Aggregate Producers' Association. of Ontario to this Board from the decision of the Regional Municipality of Durham to approve Amendment No. 3 to the Clarington Official Plan pursuant to subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended, is consolidated with the hearing by this Board of Referral No. 5 by the Regional Municipality of Durham of portions of the Clarington Official Plan as they apply to specified policies and designations contained in it. With the exception of Sections 4 and 5 thereof, this Board hereby refuses to approve Amendment No. 3 to the Clarington Official Plan. ... ... .. .. - .. ... 67? ... 4 .. -3- PL970051 - 3. The portions of the Clarington Official Plan that apply to the specific policies and land use designations contained in it, referred by the Regional Municipality of Durham to this Board by letter dated December 13, 1996 as Referral No.5, pursuant to Planning Act, R.S.O. 1990, c. P.13, as amended, as such portions of the Clarington Official Plan are amended by Sections 4 and 5 of Amendment No.3 to the Clarington Official Plan are modified in accordance with .Modification 173, a copy of which is attached hereto as Attachment "1", and as so modified, are hereby approved. - .. .. - - The Board so .Orders. - - "5. W. Lee" .... S. W. LEE MEMBER - .. - - - - - .... 673 - ,. .. .. ... ... ... .. - lIIIII .. - ... ... ... ... .. .. .. .. - - CI!Jlmgron REPORT - ENGINEERING SERVICES - Meeti ng: - Date: Report #: - Subject: .. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY NOVEMBER 18,2002 EGD-49-02 File #: PA.50.01 By-law #: TRAIL OPPORTUNITIES RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-49-02 be received for information. - - ~f!- Submitted by: Anthony Cannella, C.E.T. Reviewed by: Director of Engineering Services ~ (~~--=- ~~ nkhn Wu, Chief Administrative Officer - .. Submitted by: D~C.I.P.. R.P.P. Director of Planning Services - - - PW*ASC*ce November 12, 2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - '70\ REPORT NO.: EGD-49-02 PAGE 2 1.0 PURPOSE OF REPORT To identify opportunities for the future development of recreational trails. 2.0 BACKGROUND Trails, especially when located in natural areas such as creek valleys, are very popular. They provide recreational opportunities for a broad cross section of users. Trails require no permits, fees, or schedules to use. When they are located close to developed areas trails also provide an escape from the urban environment. They are used as travel routes to and from neighbourhoods, shopping areas, schools, and parks. A comprehensive recreational trail system can also be part of a larger cycling network, combining on-road cycling routes with recreational trails to reduce dependence on the automobile for travel. Multi-use recreational trails are generally the most popular type of trail. They are wide enough to provide two-way travel and have a paved surface for ease of use by bicycles, strollers, in-line skates, maintenance and emergency vehicles. The Clarington Official Plan establishes the framework for creating a system of walking and cycling trails throughout the municipality. It encourages the creation of a regional trail system, including the Waterfront Trail and the Oak Ridges Moraine Trail. It also encourages the development of trails that will connect with areas of major activity and employment, and recreational trails that will connect with our parks wherever possible. The Land Acquisition Strategy identifies lands for acquisition in open ~pace areas and along the waterfront within the urban areas. These lands provide excellent locations for trails. The Clarington Waterfront Strategy also encourages the development of spur trails from the Waterfront Trail connecting to urban areas. Site-specific plans have also been developed for the Samuel Wilmot Nature Area and Bowmanville Creek Valley by Valleys 2000. '702 .. ... .. .. ., .. ... ... III ... ... ... .J. .. .. .. ... ... .. - REPORT NO.: EGD-49-02 PAGE 3 - - The Newcastle Waterfront Plan is near completion. The Plan proposes the extension of the Waterfront Trail from the Samuel Wilmot Nature Area to the existing trail through the Graham Creek valley and behind the homes on Carveth Drive. - - Other than the Waterfront Trail and some rural trails, the Municipality has not fully taken advantage of the recreational trail opportunities that exist in Clarington. The Bowmanville Creek and Soper Creek provide excellent opportunities to develop valley trails adjacent to existing developed areas. Based on the worn paths that exist along both creeks these trails would be extremely well used and relatively easy to construct. - - - The trail opportunities included in this report are those with the best potential to be developed in the short term. A comprehensive trail master plan would assist in identifying long term opportunities such as future trail locations, potential linkages, additional land to be acquired, and sources of funding. - - 3.0 TRAIL FUNCTIONS AND TYPES Trails can have either a recreational or utilitarian function. Recreational trails are generally used for exercise and enjoyment of nature. Utilitarian trails are used by pedestrians and cyclists as routes to an intended destination. - - - Recreational trail systems will usually include two distinct types of trails, primary and secondary trails, both types are described below. This report focuses on opportunities to develop primary recreational trails. - 3.1 Primary Trails Multi-use primary trails are typically 3m or wider. They are paved to provide a smooth, dry, and durable travel surface for a variety of recreational uses and occasional vehicular traffic. - - - - Benches, waste receptacles and signage would be installed along the primary trail route, Lighting is not recommended along trails in natural areas because it can disrupt '703 - ... REPORT NO.: EGD-49-02 PAGE 4 - wildlife habitat and could lead people into remote areas at night. The trails should be intended for daytime use only. .. The cost to construct primary trails would vary based on soil conditions, the amount of clearing required, ease of access for construction equipment and the number of creek and road crossings required. .. III 3.2 Secondary Trails Secondary trails provide access to areas such as creek edges, woodlots, or wetlands. These trails are intended to keep pedestrians on a designated route to enjoy and experience natural areas without disrupting sensitive natural features. Secondary trails are generally narrower and are constructed of crushed aggregate or wood chips. These types of trails currently exist in the Bowmanville Valley, the Samuel Wilmot Nature Area, the Orono Woods, the Oak Ridges Moraine and some other areas in the municipality. .. ... ... .. 3.3 Existing Trails The Municipality currently has a number of different trails. Except for the Waterfront Trail, and Oak Ridges Moraine Trail the existing trails are relatively short in distance and have limited potential to be part of a continuous trail network. ... ... .. The Waterfront Trail receives the highest use. It has a crushed limestone surface which requires regular inspection and maintenance to keep it in good condition. Although ... higher in initial capital cost, an asphalt surface would require less maintenance and would provide a smoother, drier surface for a greater variety of recreational uses. When III funding becomes available the existing limestone sections of Waterfront Trail should be replaced with asphalt. Other opportunities however, such as the construction of new .. trails in existing urban areas, should be a higher priority at this time. .... Granular and wood chip trails such as the Sydney B. Rutherford Trail in Orono, Lions Trail in Newcastle, or the Courtice Millennium Trail should remain as casual walking trails without the active recreational uses that paving could create. Volunteer groups such as Valleys 2000 and Samuel Wilmot Management Advisory Committee, ORTA .. - '704 .. ... REPORT NO.: EGD-49-02 PAGE 5 ... - and others have been instrumental in constructing these trails and should be encouraged to continue. - 3.4 Trail signage A distinctive C/arington Trails sign could be created for installation at trail entrances and at regular intervals along trail routes. Regulatory signage such as stop signs, dismount at road crossing, cyclists slow for pedestrians, etc. would also be part of a comprehensive trail signage program. - - .. 4.0 POTENTIAL FUNDING SOURCES Funding for trail construction is occasionally available through provincial grant - programs. When programs become available for trail construction, the Municipality should aggressively pursue them. Corporations, volunteer groups, and service clubs - can also be sources of monetary or in-kind contributors to trail construction. - Funding for land acquisition is typically not available from government or non- government agencies. - - 5.0 TRAIL OPPORTUNITIES Several trail opportunities are briefly described below. They are the best opportunities to provide immediate benefit in existing developed areas of the municipality. Other opportunities exist and can be further examined in the preparation of the Five Year Capital Budget and/or through the preparation of a comprehensive trail master plan. - - .. 5.1 Bowmanville Creek from King Street to Baseline Road (Attachment 1) - . Approx. 1950m in length. . Estimated cost to design and construct $240,000 - - This is already a well-used trail route. The Goodyear access road and the limestone trails constructed by Valleys 2000 currently provide a hard surface for trail users. Paving the existing main limestone trail, aft 5'nstructlng a new trail to Baseline Road would - ... REPORT NO.: EGD-49-02 PAGE 6 - expand the use of this area to bicycles, strollers, joggers and in-line skaters. It is anticipated that the municipality will own or have access over all of the land by the end of 2002. .. .. There will be a future opportunity to extend this trail south an additional 800m to connect with the Waterfront Trail (Attachment 2). Planning Services is working towards securing the required land or access over it for trail construction. Crossing Baseline Road to extend the trail south will require some additional analysis. .. .. 5.2 Samuel Wilmot Nature Area to Port of Newcastle Marina (Attachment 3) ... . Approx. 1200m in length. .. . Estimated cost to design and construct $270,000 .. This section of trail would extend the existing Waterfront Trail east and would also link the Port of Newcastle residential development to the Samuel Wilmot Nature Area. It is .. one of the best opportunities to construct a trail directly adjacent to Lake Ontario. ... 5.3 Along the Soper Creek from Simpson Avenue to Highwav 2 at Mearns Avenue (Attachment 4) tIlf . Approx. 1000m in length .. . Estimated cost to design and construct $140,000. .... Constructing this section of trail would formalize an existing worn path that exists between Soper Creek Park and Hwy #2. Three connections from the trail to adjacent streets in the subdivision west of the valley would also be paved as part of this project. ... ... The Municipality also owns land south to the Tourist Information site at Liberty and Hwy 401. If a trail underpass at Baseline Road was constructed this trail could be extended an additional 500m south. .. I .7 r Ub .. .. ... REPORT NO.: EGD-49-02 PAGE 7 - - The trail could also be extended north 1.3 km to Concession Street using Mearns Ave. and the open space adjacent to Barley Mill Crescent and Soper Creek Drive. - 5.4 Paving the existing Waterfront Trail from Cobbledick Road to Toronto Street - (Attachment 5) - . Approx. 870m in length. . Estimated cost to design and construct $120,000 - - This section of the Waterfront Trail will span the north edge of the Samuel Wilmot Nature Area. The existing granular trail in this location is one of the best used sections of our Waterfront Trail. Completion of this section of trail in conjunction with the Port of Newcastle Waterfront Trail would create a continuous paved trail over 2 km in length. The existing secondary trail along the west side of the Wilmot Creek would remain unpaved. - ... - 5.5 Paving and expanding the existing Waterfront Trail Paving the existing Waterfront Trail and developing new off-road sections would greatly enhance its recreational value. Opportunities to construct new sections of Waterfront Trail will be available in the near future. Staff has secured lands from Rice Capital as a result of approval of Phase 8 of the Wilmot Creek Retirement Community, which is located on the western portion of the site. The lands will be used to accommodate a new section of Waterfront Trail and to facilitate a connection to the hydro transmission corridor and allow the trail to continue east. An opportunity to move the Waterfront Trail off road will also be available when the Region of Durham begins construction of the Courtice Water Pollution Control Plant. The Municipality should also continue to negotiate with private and corporate landowners to gain access to the best possible routes along the waterfront and bring the trail off-road wherever possible. ... - - ... - - - '701 - REPORT NO.: EGD-49-02 PAGE 8 J1 .. 6.0 CONCLUSION Recreational trails are relatively low cost capital projects that can deliver a service that .. meets the needs of a broad cross-section of Clarington residents. Good short term opportunities exist to create new trails and improve existing trails throughout Clarington. .. The most immediate benefit for residents would come from new trails in the Bowmanville Creek Valley and Soper Creek Valley. Both of these natural areas are .. adjacent to existing residential and commercial development. Trails in both locations would be relatively easy to construct and have the potential for future expansion. .. Although some work has already been done, a comprehensive trail master plan would .. assist in identifying long term opportunities such as future trail locations, potential linkages, additional.land to be acquired, and sources of funding. Staff will report to .. Council on this item in the future. .. To implement the short term opportunities identified in this report, staff will be recommending a program for trail construction in the Five Year Capital Budget. .. Attachments: .. Attachment 1 - Key Map - Bowmanville Creek from King Street to Baseline Road Attachment 2 - Key Map - Extension of trail to connect with the Waterfront Trail Attachment 3 - Key Map - Samuel Wilmot Nature Area to Port of Newcastle Marina Attachment 4 - Key Map - Soper Creek from Simpson Avenue to Highway 2 Attachment 5 - Key Map - Paving the existing Waterfront Trail from Cobbledick Road to Toronto Street - .. .. .. III .. - '708 .. ... - - - - - - - - - - - - - - - ~) L---. ~ \ BOWMANVILLE L--- II 0) lJ:-) /. 1\ t.. .,)/ '709 - - - EngIneerIng erVIces REPORT EGD-49-02 ATIACHMENT NO.1 OCT.2002 ., .. .. .. 0 .. .. BOWM NVILLE /~l--- /EXISTIN WATERFRONT TRAIL .. .. .. .. .. ... .. .. ... .. .. EngIneerIng REPORT EGD-49-02 .. ATIACHMENT NO.2 OCT.2002 III U .. ... .. t- .. W W 0: t- l C/) 1 t- .. Z 0 0: 0 t- - - - - NEWCASTLE EXISTING WATERFRONT TRAIL ---------~--- UNOPENED ROAD ALLOWANCE o - - U PROPOSED E;3 TRAIL I - - - - - - - - - - LAKE .oNTARIO EngIneenng erVIces REPORT EGD-49-02 ATIACHMENT NO.3 OCT.2002 , 7 1 1 HIGHWAY 401 I- W W c::: I- C/) ?: c::: w co ::::i HIGHWAY NO.2 ~~ z o C/) a.. ~ en BASELINE ROAD POS I LE FUT E TRAI XTENSION EngIneerIng erVIces REPORT EGD-49-02 ATIACHMENT NO.4 OCT.2002 , 712 .. .. .. .. .. ... .. ... ... .. ... .. .. .. .. - NEWCASTLE - - HIGHWAY 401 - - - - - - EXI G WA TERF / TRAIL \/ /.,." '\ .-/ ,-- - - - ~ , - - - - LAKE ONTARIO - EngIneenng REPORT EGD-49-02 - ATIACHMENT NO.5 OCT.2002 - . 7 i 3 - - Clw:.pn REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, November 18, 2002 Resolution #: E G D-50-02 File #: By-law #: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2002. - Recommendations: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-50-02 be received for information. - - - - - - Submitted by: ~~ A. S. Cannella, C.E.T. Director of Engineering Services ?\ LJ 'rtlJJL.-S CD . Reviewed by: ~ Franklin Wu Chief Administrative Officer ... - ASC*bb November 4, 2002 - 1714 - REPORT NO.: EGD-50-02 PAGE 2 -- ... 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of October 2002, Staff wish to highlight the following statistics for the information of Committee and Council. ... .. MONTH OF OCT. YEAR TO DATE YEAR TO DATE 2002 2002 2001 Permits Issued 77 932 792 V ALUE OF CONSTRUCTION Residential $5,985,765 $85,309,241 $57,094,153 Industrial $738,360 $2,116,057 $673,215 Government $20,000 $10,090,040 $10,933,300 Commercial $44,000 $485,261 $4,627,230 Institutional 0 $7,487,620 $12,432,300 Agricultural $23,000 $712,074 $1,177,145 Ontario Hydro $510,617 $1,465,072 $3,046,000 Miscellaneous $3,950 $1,120,986 $394,070 TOT AL $7,325,692 $108,786,351 $90,377,413 .. .. .. .. f/IIII ... .. 1.2 With respect to non-residential building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: ... APPLICANT CONSTR TYPE lOCATION VALUE ... luqmoh Investment Mini-Storage Ontario Hydro Renovations 221 Baseline Road $500,000 2151 South Service Rd $510,617 ... .. ... Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical Comparison of Building Permit .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-6506 '715 .. .. - - - .. - - - - -- - - - - - .. - .. - - Municipality of Clarington Building Services - Monthly Activity Report October 2002 2002 2001 Type of Construction October Year to Date October Year to Date Residential: Single Detached 26 379 22 247 Semi-Detached 14 _ 158 9 105 Townhouse 7 32 0 17 Apartment 0 5 0 0 Other Construction 19 169 10 227 Sub Total 66 743 41 596 Industrial: New Building 2 6 0 Addition! Alteration 1 7 0 Sub Total 3 13 0 9 Government: New Building 0 1 0 Addition! Alteration 1 8 1 Sub Total 1 9 1 6 Commercial: New Building 1 1 1 Addition! Alteration 1 12 7 Sub Total 1 13 8 45 Institutional: New Building 0 6 1 Addition! Alteration 0 3 0 Sub Total 0 9 1 15 Agricultural: New Building 1 10 2 Addition! Alteration 0 3 1 Sub Total 1 13 3 17 Ontario Hydro: New Building 0 0 0 Addition! Alteration 1 9 0 Sub Total 1 9 0 10 HV AC, Plumbing & Miscellaneous: 3 99 30 66 Demolition: 1 24 4 27 TOTALS 77 932 88 791 2002 2001 October Year to Date October Year to Date Residential: $5,985,765 $85,309,241 $4,769,148 $57,094,153 Industrial: $738,360 $2,116,057 0 $673,215 Government: $20,000 $10,090,040 $100,000 $10,933,300 Commercial: $44,000 $485,261 $1,387,000 $4,627,230 Institutional: 0 $7,487,620 $6,395,000 $12,432,300 Agricultural: $23,000 $712,074 $51,500 $1,177,145 Ontario Hydro: $510,617 $1,465,072 0 $3,046,000 Miscellaneous: $3,950 $1,120,986 $178,580 $394,070 TOTAL $7,325,692 $108,786,351 $12,881,228 $90,377,413 '716 October, 2002 ... 2002 2001 .. PERMIT FEES October $57,823 Year to Date $791,964 October $110,859 Year to Date $670,606 .. 2002 2001 .. October Year to Date October Year to Date Building Inspections 612 4001 Plumbing Inspections 519 3292 .. TOTALS 1131 ' 7293 .. 2002 2001 .. October Year to Date October Year to Date Single Detached 26 379 22 247 Semi-Detached 14 158 9 105 .. Townhouse 7 32 0 17 Apartments 0 34 0 3 TOTALS 47 603 31 372 .. .. YEAR: 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 AREA (to month) Bowmanville 297 312 188 184 313 423 217 229 406 301 532 Courtice 96 129 231 296 254 295 331 170 388 232 204 Newcastle 125 76 110 78 4 5 3 4 6 22 Wilmot Creek 38 24 19 21 33 21 16 16 10 10 10 Orono 1 1 1 2 3 3 Darlington 16 47 102 31 14 20 17 21 11 9 14 Clarke 12 9 17 17 12 20 10 7 8 6 6 Burketon 1 1 1 2 2 1 1 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 1 Hampton 1 1 1 2 1 2 2 1 3 1 Haydon 1 1 2 1 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Comers Newtonville 3 3 1 2 2 1 Solina 1 1 1 1 1 Tyrone 6 3 TOTALS 603 609 679 640 636 801 601 447 834 572 797 .. .. .. ... .. .. .. .. dn: Reports .gpasep2a 171 7 .. I I I I I I I I I I I I I I I I I I I CI!1l.#Jgron REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE NOVEMBER 18, 2002 Date: Report #: ESD-023-02 File #10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - OCTOBER, 2002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-023-02 be received for information. Reviewed by:G ~C - ~ Franklin Wu, Chief Administrative Officer Submitted by: Michael G. Crei ton, AMCT.CMM11 Director of Eme ency Services/Fire Chief MGC.amc '901 REPORT NO.: ESD 023-02 PAGE 2 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month of October, 2002. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 220 calls in October and recorded total fire loss at $55,300.00. A breakdown of calls responded to follows in the table attached. *Standbv As indicated in the table attached, Station 1 volunteer firefighters were activated four times, and Station 4 volunteer firefighters were activated three times, for standby. All standby calls were as a result of Pumper 1 and Pumper 4 being tied up at emergency calls. '902 I- I I I I I I I I I I I I I I I I I I EMERGENCY & FIRE SERVICES MONTHLY RESPONSE REPORT MONm YEAR MONm YEAR ENDING TO ENDING TO DATE DATE CLASSIFICATION OCT/02 2002 OCT/Ol 2001 PROPERTY FIRES (Includes structure, chimney, vehicle 12 209 18 250 Miscellaneous e.g. furniture, clothing, etc.) UNAUTHORIZED BURNING (Burning comolaints) 7 65 6 88 FALSE FIRE CALLS (Includes alarm activations- 42 352 29 263 accidentaVlmalicious,human-perceived emergencies/check calls e.g. investigate unknown odour PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 18 193 29 191 fuel/chemical spills, power lines down/arcing, C.O. leaks, etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 31 347 31 342 commercial/industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 87 871 74 820 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 23 291 44 277 other a2encv, call cancelled on route, etc.) TOT AL CALLS 220 2328 231 2231 TOT AL FIRE LOSS $55,300 $1,759,890 $67,020 $834,495 NUMBER OF ALARMS BY STATION ST.#1 ST.#2 ST .#3 ST .#4 ST .#5 TOTAL 106 29 14 55 16 220 NUMBER OF STANDBY CALLS BY STATION ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL 4 0 0 3 0 7 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 · 9 (J 3 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CI~n REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: NOVEMBER 18, 2002 Report #: ESD-024 -02 By-law # File # 10.12.6 Subject: VOLUNTEER FIREFIGHTER R~PLACEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report ESD-024-02 is received for information. Submitted by: iJ~ w Reviewed b ~. ...::..- ~ Michael G. Crei hton, MCT, CMM11 Franklin Wu, M.C.I.P. Director Emergency & Fire Services Chief Administrative Officer MGC:sr '904 REPORT NO.: ESD-024-02 PAGE 2 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT On October 21, 2002, Committee approved a pre-budget request to purchase 29 sets of bunker equipment. This equipment is required to outfit new volunteer recruits hired to bring the volunteer complement up to the approved level of 25 at each station. A large number of these volunteers are being hired to replace the full time frrefighers of Clarington Emergency and Fire Services, who have resigned as a requirement of their membership in Local 3139 of the International Association of Firefighters. These resignations have either already taken place or are effective December 31, 2002. Staff has been able to fill 28 positions so far and are continuing to attempt to fill the other positions in a timely manner. The recruit training began on November 13, 2002 in an attempt to have them in place for January 1, 2003. Staff has been advised that actions are being considered, or have already started, to attempt to force full time frrefighters from other departments, who volunteer in Clarington, to resign. This will involve another nine volunteers. Staff is also aware that Bill 30, an Act to amend the Fire Protection and Prevention Act, 1997 in order to protect the employment of volunteer frrefighters has cleared the Justice and Social Policy Committee. It is staffs understanding that the legislation will now be returned to the House for further action and hopefully, passing. We understand that meetings have taken place with the Ontario Fire Marshal's Office, the Firefighters' Association and the Fire Chiefs' Association, but an agreement was not reached. This leaves only a legislated solution to address the issue. Staff is hopeful the Members of the House will see the need to allow those full time frrefighters, who choose to serve the communities where they reside, without concern of punitive action by their Associations. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623- 3379 F (905)623-6506 'nnc L ~l~mgron L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: NOVEMBER 18, 2002 l l L L L L L L Report #: CLD-49-02 File #: By-law #: Subject: IMPLEMENTATION OF NEW PARKING ENFORCEMENT EQUIPMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-49-02 be received for information. I L. l L. L l L l Submitted by: ()~w~ Reviewed by: Franklin Wu, Chief Administrative Officer ~ L. PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 n 1 REPORT NO.: CLD-49-02.doc PAGE2of2 BACKGROUND This year the Municipal Law Enforcement Division acquired new computer software to track parking tickets. This past week staff took delivery of the new hardware for use on the street. The Parking Enforcement Officers have each been issued handheld units which will electronically print out a ticket for each violation. The new tickets are different from the hand written ones the public are used to and this may cause some initial confusion. Staff have prepared an advertisement in the press to advise the public of the new look of the ticket. The traditional handwritten tickets will continue to be used by the other ticketing agencies outside of the Parking Enforcement Officers. A sample of the new ticket and the traditional one are attached for information. Attachment 1 TRADITIONAL PARKING INFRACTION TICKET 2 NEW PARKING INFRACTION TICKET 1 1 02 J J J J J J J J J J J J J J J J J J J L A'rTACl,rnENT 1 L L CERTIFICATE OF PARKING INFRACTION L ~ REGIONAL MUNICIPALITY OF DURHAM ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT No. 50147 L L DATE OF INFRACTION: YEAR 00l MONTH Il PLATE NO. DAY HRS. 1r8C, LOCATION 40 7'c L VIN (IF UNPLATEDj L IT IS AlLEGED THAT ON lHE INFRACTION DATE SHOWN, THE OWNER OF lHE VEHICLE UPON WHICH WPS DISPLAYED lHE NUMBER PlATE OR VEHICLE IDENTlRCATlON NUMBER DESCRIBED ABOVE COMMllTED lHE PARKING INFRACTION MARKED X BELOW CONTRARY TO lHE BY-LAW. I believe from my personal knowledge and certify that the parking infraction described below was committed and that I served a Parking Infraction Notice on the owner of the vehicle identified herein by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction. L L L ~~t- Signature of Issui Provi i Off nces Officer . Officer No. Being the Owner/Occupant of private property noted above, I hereby authorize the lagging and/or towing of the vehicle described above which is parked without consent. L Signature of private property Owner/Occupant L PARKING INFRACTION X EARLY SET PAYMENT FINE 1. PARKED, STOPPED. OR STANDING IN DESIGNATED DISABLED 2. PERSONS PARKING SPACE WITHOUT VALID PERMIT. $200.00 $300.00 3. PARKED AT EXPIRED METER # $ 10.00 $ 15.00 4. PARKED IN PROHIBITED AREA ~ $ 15.00 $ 23.00 5. PARKED ON/OVER ANY BOULEVARD $ 15.00 $ 23.00 6. PARKED LONGER THAN 3 HOURS $ 15.00 $ 23.00 7. PARKED WITHIN 3 METRES OF FIRE HYDRANT S 15.00 $ 23.00 8. PARKED ON PRIVATE PROPERTY WITHOUT OWNER'S CONSENT $ 15.00 $ 23.00 9. PARKED ON ROADWAY BETWEEN 3 A.M. AND 5 A.M. $ 15.00 $ 23.00 10. FARKED WITH RIGHT WHEELS MORE THAN 15 em FROM CURB $ 15.00 $ 23.00 11. PARKED WITHIN 1 M OF DRIVEWAY $ 15.00 $ 23.00 12.lsTOPPED IN PROHIBITED AREA $ 20.00 $ 30.00 13. STOPPED ON SIDEWALK/FOOTPATH $ 20.00 $ 30.00 14. STOPPED SO AS TO INTERFERE WITH TRAFFIC/SNOW CLEARING $ 15.00 $ 23.00 15. PARKED IN FIRE ROUTE $ 30.00 $ 45.00 l L L L L t. l 1 1 03 .'r:,~ ~ t t t. ~., ~. r ,., i'j #t'- J J REGIONAL MUNICIPALlTY OF DURHAM ONTARIO COURT OF JUSTICE CERTIFICATE OF PARKING INFRACTION ClNi1Jgton J r 12/11/2002 TIME 10:22 J TICKET ~ 0000076 DATE PLATE NUMBER ABCD123 LOCATION: 30 AllfVY<<lll IllES EXPIRY DATE 03/2003 PROVINCE ON J , , " - :'N~"''''''''.DN '. __~~ ~ ': ,_' ~~ ",:.-,.,.,. .:' "''''>::/~- _ ~ ...~. ~""o.~. ~ ~.- ' ~ ' J Early Payment $15.00 Set Fine $23.00 J double parked J NOTES: J J . . WARNING J IT IS ALLEGED THAi ON THE INFRo.CTION DATE SHOWN. THE OWNER OF THE VEHICLE UPON WHICH WAS DISPLAYED THE NUI-1BER PLATE OR VEHICLE IDENTIFICATION NUMBER DESCRIBED ABOVE COMMITIED THE PARKING INFRACTION DESCRIBED ,",EOVE CONTRARY TO THE BY-LAW. I believe from my personal knowledge and certify that the parking infraction described above was committed and that I served a Parking Infraction NoticE: on the owner 01 the vehicle identified herein by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction. PEDl J SIGNI-.TUF,c OF ISSUING PROVINCIAL OFFEr,jCf.~ OFFICER OFFICER NO. SlGNf..TURE OF PRIVJ..TE PROPEFl.TY OWNEAJOCCUPANT .. SEE REVERSE SIDE FOR FURTHER INSTRUCTIONS .. J - J J J J 1 1 04 J I L L L 1. ~ L IMPORTANT NOTICE - PLEASE READ CAREFULLY You mUst chao.. one of the following optIoM "you do not pay the Early Payment amount shown within 7 days, or the Set Ane amount shown within 15 days. or If you do not complete Notice of Intention to Appear In Court within 15 days at the location noted In Option 2. or If you do not appear for your trial you will be deemed not to dispute this charge and a conviction may be entered against you. Upon conviction you will be required to pay the Set Fine plus court costs. An administrative fee Is payable If the fine goes Into default. The Information may be provided to a credit bureau If the appropriate amount is not received within the prescribed time. If you choose the Voluntary Payment option, sign where indicated. DEFENDANT'S OPTIONS - CHOOSE ONLY ONE OPTION 1 VOLUNTAlW PAYMENT Note carefully the time allowed for payment when Choosing one of the following. Write the number of this Parking Infraction Notice on the front of your cheque or money order made payable to: "THE MUNICIPAUTY OF CLARINGTON- L L o I do not wish to dispute the charge and I enclose the amount of the Early Payment as indicated on the front of this Notice. (Must be received within 7 consecutive c18ya of the date of 1A\I8.) o I do not wish to dispute the charge and I enclose the amount of the Set FlM as Indicated on the front of this Notice. (Must be received within 15 conaecutlva dsys of the date of 1"\18.) L L L SIGNATURE THE PAYMENT APPUCABLE MAY BE DELIVERED OR MAIlED TO: MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVlLLE, ONTARIO L1C3AI PAYMENT BY CASH, CHEQUE OR DEBIT ONLY OPTION 2 TRIAL OPTION - DO NOT MAIL " you wish to dispute this Parking Infraction Notice, you must. within 15 dsys of the Issuance of this Notice. contact the Municipality's Law Enforcement Division during regular office hours as shown below to schedule a First Attendance Meeting. MUNICIPAL LAW ENFORCEMENT DIVISION 40 TEMPERANCE STREET BPWMANVILLE, ONTARIO 905-623-3379 EXT. 23lI L l L HOURS OF OPERATION: Office hours are Monday to Friday 8:00 a.m. to 5:00 p.m. except Statutory and Civil Holidays. First Attendance Hearings are held between the hours of 2:20 p.m. and 3:40 p.m. on Tuesdays, Wednesdays and Thursdays only and must be booked in advance. L NOTICE - ONTARIO MOTORISTS FAILURE TO PAY THE FINE IMPOSED UPON CONVICTION WILL RESULT IN AN ORDER THAT YOUR ONTARIO VEHICLE PERMIT NOT BE RENEWED AND THAT NO NEW PERMIT BE ISSUED TO YOU UNTIL THE FINE AND ALL COURT COSTS AND FEES HAVE BEEN PAID. l \ ! III i , .. \ I. L 1 1 n 5 IJ J J j J J J J J J J J j J J J J J J J L ~Q!J!mgron L L Meeting: L Report #: CLD-50-02 L Subject: L L L 1) 2) REPORT CLERK'S DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: NOVEMBER 18, 2002 File #: By-law #: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF OCTOBER, 2002 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L L L l THAT Report CLD-50-02 be received for information; and THAT a copy of Report CLD-50-02 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. L L o ~---7 ~ Reviewed by: Franklin Wu, Chief Administrative Officer MPKS*PLB*dm " L. L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 !) A REPORT NO.:CLD.so-o2 PAGE 2 of3 BACKGROUND AND COMMENT For the information of Council, the tables attached to Report CLD-50-02 summarizes the activities and revenues pertaining to Animal Services for the month of October, 2002. Attachment #1 Animal Services Monthly Report Interested parties to be advised of Council's decision: Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, Ontario M4M 2G3 Animal Advisory Committee 1 107 J J: J J J J J J J J J J J J J J J J J L L REPORT NO.:CLD.50'-02 PAGE 3 of3 ~. CLERKS DEPARTMENT .. ANIMAL SERVICES DIVISION ATT ACHMENT NO.1 TO REPORT NO. CLD-50- 02 L L L L L L L l L L L IECTIVITIES I THIS MONTH I YR. TO DATE 2002 YR. TO DATE 01 PICKED UP - WILDLIFE 9 125 149 DOGS CATS DOGS CATS DOGS CATS PICKED UP 16 16 183 99 193 144 BROUGHT IN 17 44 118 278 149 200 RETRIEVED BY OWNERS 22 1 191 11 169 17 SOLD TO RESIDENTS 11 47 103 253 145 194 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 7 3 49 6 40 DEAD ON ARRIVAL 0 5 4 64 22 93 QUARANTINE I 0 I 0 I 2 15 10 4 WRITTEN WARNINGS 21 133 231 P.O.A. TICKETS 6 48 75 CONVICTIONS 3 25 38 . CALL-OUTS AFTER HOURS 1 37 45 OVER TIME HOURS 146.50 138 6 B. REVENUES DOGS & CATS RELEASED 0 30.00 720.00 360.00 675.00 195.00 LICENSES 775.00 108.00 38775.00 9833.00 39179.00 9303.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 675.00 1935.00 6450.00 10530.00 9075.00 7740.00 DOGS REDEEMED 1010.00 32.00 8467.00 192.00 7849.00 170.00 I SUB TOTAL I 2460.00 2105.00 54412.00 20915.00 56778.00 17408.00 ANIMAL SERVICES MONTHLY REPORT OCTOBER 2002 L L L L l I. TRAP REVENUE 36.00 465.00 793.50 TOTAL REVENUE 4601.00 75792.00 74979.50 EUTHANISED: 2 INJURED CATS, 5 SICK CATS 1 108 J J J J J J J J J J J J J J J J J J J L ~lfJ!mgron L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ! L. Date: November 18, 2002 t Report #: CLD-051-02 .. File #: By-law #: L Subject: MUNICIPAL ELECTION - 2003 L RECOMMENDATIONS: \ L. It is respectfully recommended to Council the following: 1. THAT Report CLD-051-02 be received; L 2. THAT the Municipality of Clarington utilize the "Vote by Mail" method of voting for the 2003 Municipal election; and t L 3. THAT, in accordance with Section 42 of Municipal Elections Act, the appropriate by-law be,forwarded to Council for passage. L L L L Submitted by: O~~~ I i.. L. I .. Reviewed by: Franklin Wu, Chief Administrative Officer PLB*hk r , III CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 n 9 REPORT NO.: CLD-051-02 PAGE20f3 For the 2000 municipal election, the "Vote by Mail" method of voting was utilized. In recommending the use of this method of election, three main benefits were identified, ie: . Increased voter turnout . Decrease in costs to the municipality . Convenience for the electors As outlined in Report CD-37-01, all three of these benefits were realized. Also identified in that report were areas of improvement which were common to all municipalities who used the "Vote by Mail" process, as follows: . Timing - Many municipalities were concerned with the timing of the process as it shortens the campaign period for the candidates by one to two weeks. As electors were asked to have their ballots in the mail by November 3 to ensure delivery by 8:00 p.m. on November 13, and Nomination Day was October 13, there were only three weeks for campaigning, all-candidates' meetings, etc. Bill 177 , which received first reading on September 24, 2002, amends the Municipal Elections Act to extend the period between Nomination Day and Election Day from 31 days to 45 days. This will provide a further two weeks for campaigning purposes. . Ballots and Ballot Kits - Canada Post was made aware that many municipalities were not satisfied with the wording, font and setup of some ballot faces and the ballot kit. Canada Post has established an Elections Project Team which will be working diligently over the next few months to develop a ballot kit design and clear instructions for the elector. The Municipal Clerk is a member of this Project Team. Canada Post will be using the services of an outside printer for the 2003 election, which will enable some customizing of ballots for the various municipalities. They are also working on new pricing arrangements. . Report CD-37 -01 identified the fact that the Vote by Mail system cannot be utilized with automatic vote tabulators and, given the size of the Municipality of Clarington, a hand count is becoming very onerous. Canada Post is working closely with the manufacturers of the tabulating equipment in an effort to integrate the two systems. They are confident that the integration will be available for the 2003 municipal election. 1 1 1 0 J J J J J J J J J J J J J J J J J J J L L 1 L L L L L L L L t L. L L L L L L L L REPORT NO.: CLD-051-02 PAGE 3 OF 3 It is staffs recommendation that the Vote by Mail system be used again for the 2003 municipal election. As with any new system, some areas of improvement were found, however, the system did prove to be a success. Changing the system after using it for only one election would be extremely confusing to the electorate. We will continue to work closely with Canada Post to ensure clear, precise instructions are included in the ballot kits and to assist with the integration of the vote tabulators. The Townships of Brock, Scugog and Uxbridge all used vote by mail in the 2000 election. The Clerks of these municipalities have indicated that they will be recommending to their Councils that the system be used again in 2003. Bill 177 makes numerous amendments to the Municipal Elections Act, mostly which are of an administrative nature. However, some highlights which Council should be aware of, are: . The nomination filing fee is no longer required to be paid from a candidate's campaign account; . Candidates are required to keep a record of their campaign financial statement for a period of up to three years after the campaign; and . The Ministry will develop regulations that raise the filing fee from $100 to $200 for the head of council. As well, the per-elector amount candidates can spend on their campaigns will be raised from $0.50 to $0.70 per elector and the base amount will also be raised to $7,500 for heads of council and to $5,000 for others. The change reflects the increase in the Consumer Price Index since 1988, when the current limit was established. In accordance with Section 33(4) of the Municipal Elections Act, nominations may be filed starting January 2, 2003. 1 1 1 1 J J J J J J J J J J J J J J J J J J J L ~l!J!mgron REPORT CLERK'S DEPARTMENT ! I ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ! t ... Date: November 18, 2002 L Report #: CLD-52-02 File #: By-law #: L Subject: PARKING REPORT FOR OCTOBER 2002 L RECOMMENDATIONS: l It is respectfully recommended that the General Purpose and Administration Committee .. recommend to Council the following: ~ 1. I.. THAT Report CLD-52-02 be received; and 2. THAT a copy of Report CLD-52-02 be forwarded to the Bowmanville Business Centre for their information. . t .. L L I .. Submitted by;' I ~2J d~--= ~ L L Reviewed by: Franklin Wu, Chief Administrative Officer L PLB*LC*ct l .. ! L. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 1 '1 REPORT NO.: CLD-52-02 PAGE2of2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the month of October 2002 and is provided herein for the information of Committee and Council. Attachment 1 Parking Report For The Month Of October 2002 1 1 1 3 J J J J J J J j J J J J J J J J J J J L L L L L L l L PARKING REPORT OCTOBER 2002 ATTACHMENT #1 i L. TICKETS ISSUED OCTOBER YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2002 2002 2001 2000 P.E. Officers 78 3985 5897 5744 Police 20 70 217 300 Public Works 0 0 25 42 Group Four 10 198 109 146 Fire Services 0 2 0 0 TOTAL lSSUJ:1J 108 4255 6248 6232 REVENUE Meters $6,121.00 $54,012.50 $63,501.50 $58,177.00 Permits 155.25 2,903.75 2,799.75 282.90 Fines 2,281.00 45,725.00 65,862.00 69,072.00 MTO Charge back ($602.25) (9,248,25) (6,765.00) (8,398.50) TOTAL REVENUE $ 7,955.00 $93,393.00 $125,398.25 $119,133.40 1ST APPEARANCES Total Conducted 4 106 N/A N/A # Tickets Cancelled 3 89 N/A N/A # Tickets Upheld 1 26 N/A N/A # Requests for Trial 0 10 N/A N/A # Tickets Disputed 4 125 N/A N/A t ... L L L L t i.. i ... ! L i L. L 1 4 J J J J J J J J J J J J J J J J J J J L ~Cl!J!Jl!gron L L Meeting: Date: L Report #: CLD-53-02 L Subject: L REPORT CLERK'S DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE November 18, 2002 File #: By-law #: APPOINTMENT OF PRIVATE PROPERTY PARKING ENFORCEMENT OFFICERS AND REPEAL OF BY -LAW 94-106 RECOMMENDATIONS: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L \ '- , L. L L L \ L. \ 6. t .. L 1. THAT Report CLD-53-02 be received; 2. THAT the by-law attached to Report CLD-53-02 be forwarded to Council for approval; and 3. THAT Securitas Canada, Valiant Property Management, Standard Parking of Canada Ltd. and Lakeridge Health Centre - Bowmanville be advised of Council's actions. O~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILL" ~~Tc)'RIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-53-02 PAGE 2 of2 BACKGROUND AND COMMENT Private security companies have traditionally been employed by certain private property owners within the Municipality of Clarington to provide on site security and parking enforcement. In order for them to be able to issue parking tickets they must first be appointed by Council. John Cole has been hired by Securitas Canada to replace Colleen Anderson at the Clarington Centre. It is therefore necessary to amend the By-law by deleting her name and adding John Cole. In 1994 the Bowmanville Memorial Hospital requested the appointment of four people to handle the issuing of parking tickets on the hospital property. Standard Parking of Canada Ltd. has now taken over the enforcement duties on the hospital property and it will therefore be necessary to have their people appointed by a By-law and to repeal the hospital security's original By-law 94-106. ATTACHMENT: 1 By-law to Appoint Parking Enforcement Officers for Private Property 2 By-law to Appoint A Parking Enforcement Officer for Private Property Interested parties to be advised of Council's decision: Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, ON L 1 G 3S2 Securitas Canada Limited 909 Simcoe Street Unit 1 C Oshawa, ON L 1G 4W1 Standard Parking of Canada C/O Lakeridge Health - Oshawa 1 Hospital Court Oshawa, ON L 1 G 2B9 Lakeridge Health Centre - Bowmanville 47 Liberty St., South Bowmanville, ON L 1 C 2N4 1 1 1 6 JI J J J J J J J J J J J J J J J J J J 1 L. i L , , .. , f t .. L. L. t t iI. I '- .... , L. ! '- I, L. . t ill ~ L. I, 1 .. L i. L ~ L. ATTACHMENT 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property And To Repeal By-law 94-106 WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Roland Spencer, Abdul Khan, Sohail Hasan, Aaron Opferkuch, Amy Halford and Yasmin Subzwari as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 47 Liberty Street, South, Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Roland Spencer, Abdul Khan, Sohail Hasan, Aaron Opferkuch, Amy Halford and Yasmin Subzwari are hereby appointed as Parking Enforcement Officers for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 47 Liberty Street, South, Bowmanville, in the Municipality of Clarington. 2. By-law 94-106 is hereby repealed. 3. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this day of 2002. By-law read a third time and finally passed this day of 2002. MAYOR MUNICIPAL CLERK 1 1 1 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to appoint an individual as a Parking Enforcement Officer for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint John Cole as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2375 to 2387 Highway No.2 and 70 to 90 Clarington Boulevard Bowmanville. in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. John Cole is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2375 to 2387 Highway No.2 and 70 to 90 Clarington Boulevard Bowmanville. in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this day of 2002. By-law read a third time and finally passed this day of 2002. MAYOR MUNICIPAL CLERK 18 ATTACHEMENT 2 J J J J J J J J J J J J j ] J J J J J L tl!J!mgron REPORT CLERK'S DEPARTMENT , , i .... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~.. L. Date: November 18, 2002 . L. Report #: CLD-54-02 File #: By-law #: t Subject: .. APPOINTMENT OF AN OPERATION STAFF AS PARKING ENFORCEMENT OFFICER , I.. RECOMMENDATIONS: l '- It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . L 1. L 2. THAT Report CLD-54-02 be received; THAT the by-law attached to Report CLD-54-02 be forwarded to Council for approval; and , 3. L THAT Murray Devitt be advised of Council's decisions. i ... ~ L. l L. L o ~-"- ~ Reviewed by: Franklin Wu, Chief Administrative Officer , L PLB*LC*ct \ i.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~ 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 L. 1 1 1 9 REPORT NO.: CLD-54-02 PAGE 2 of2 BACKGROUND AND COMMENT For several years the Operations (Public Works) foremen have been appointed as Parking Enforcement Officers in order to allow them to issue parking tickets for offences relating to snow clearing. Murray Devitt was hired earlier this year to replace Ron Robinson. In order for him to be able to issue parking tickets he must first be appointed by Council. ATTACHMENT: By-Law to Appoint Operation Staff as a Parking Enforcement Officer 1 1 20 J J J J J J J J J J j J J J J J J J J L. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON l ... BY-LAW 2002- ~ ... Being a By-law to appoint individuals as a Parking Enforcement Officer r I '- WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15. authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and f '- ~ WHEREAS it is desirable to appoint Murray Devitt as a Parking Enforcement Officer for Municipality of Clarington. I i. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: L. 1. Murray Devitt is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. ... t - 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this ~ day of 2002. L By-law read a third time and finally passed this 2002. day of L. ~ MAYOR \: i.. MUNICIPAL CLERK L '- L I.. 21 ATTACHMENT 1 ~ J j J J j j J J J j J j j J j j .J J J l l CJ.!JLiQgton L REPORT L L L . .. L L I ... L L L L L L L. L.. L CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 18. 2002 Report #: COD-53-02 File#_ By-law # Subject: RINK BOARD SIGNS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-53-02 be received; 2. THAT the agreement with Futuresign Multimedia Displays Inc., Aurora, Ontario, to provide the marketing, sale of space and the production of Rink Boards at the Garnet B. Rickard Complex, Darlington Arena and South Courtice Arena be extended for an additional three (3) year term to commence September 1, 2003. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved; and 3. 4. THAT the funds received be credited to the Community Service Advertising Fees Revenue Account # 6400-00102-0000, FORTHWITH. Reviewed bYO ~ .:....,~ Franklin Wu, Chief Administrative Officer seph Caruana, irector of Community Services M M\JC\LAB\km 120 1 REPORT NO.: COD.53.Q2 PAGE 2 1202 J J J J J J J J J J J J J J J ~ J J ~ BACKGROUND AND COMMENT A Request was publicly advertised for the marketing, sale of space and the production of Rink Boards as required by the Community Services Department in June of 2000. Subsequently, only two proposals were submitted resulting in a contract award to Futuresign Multimedia Displays Inc., The proposal received by Futuresign Multimedia Displays Inc., at the time resulted in the highest overall revenue to the Municipality and was approximately 100 and twenty percent (120%) higher than that of the second bidder. The subject firm have provided satisfactory service for the Municipality throughout the term of . the contract and have proposed a three year extension to the initial term which expires August 31,2003. As advertising must be sold in advance of each ice season, it is necessary to extend the contract now in order to ensure there is no gap in the revenues received. Staff in co- operation with Futuresign Multimedia Displays Inc. have negotiated a proposed agreement increasing the guaranteed revenue to the Municipality over the three year term from $32,950.00 to $64,000.00 payable in yearly instalments of $16,000.00 September 1, 2003, $24,000.00 in 2004 and $24,000.00 in the year 2005. As the sale of advertising for 2003 would commence immediately, a forthwith approval is requested. For the information of Council attached is a copy of the proposed agreement marked Schedule "en. After further review and analysis of the proposals by Purchasing and Community Services, it was mutually agreed that the proposal from Futuresign Multimedia Displays Inc., Aurora, Ontario, be accepted and that the monies received be credited to the Community Services Advertising Fees Revenue Account # 6400-00102-0000. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 L l ~ L L L L L L L l L L ! L. L L l i '- [ ... t L Schedule" A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Futuresign Multimedia Displays Inc, Aurora, Ontario, in respect of the Marketing, Sale of Space and Production of Rink Board Signs for the Garnet B. Rickard Complex, Darlington Arena and South Courtice Arena. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Futuresign Multimedia Displays Inc, Aurora, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2002. By-law read a third time and finally passed this day of ,2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1203 J J J J J J J J J J J J J J J J J J J L I L. i .. L ! L. L L ~ I. \ L. L L L L . L. L l i .. f L. ~ L. Cl!Jl-W,glOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 18th, 2002 Report #: COD-54-02 File #_ By-law # Subject: Co-operative Agreement - Direct Purchase of Natural Gas Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-54-02 be received; 2. THAT the contract extension to AE Sharp Limited be cancelled; and 3. THAT the revised proposed two (2) year contract extension with AE Sharp Limited for consulting services for the purchase of Natural Gas with unit prices of .03/GJ for year one and.04/GJ for year two be approved subject to contract terms being acceptable to the Durham Purchasing Co-operative; 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. \. Reviewed bJ' ~-2- ~'-Lt. Franklin Wu, Chief Administrative Officer Submitted b.~ . / ~:I ie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM\LAB\km 1204 REPORT NO.: COD-54-o2 PAGE 2 BACKGROUND AND COMMENT Report COD-38-02 (Schedule liB" attached) was approved by Council authorizing a 3 year contract extension with AE Sharp Limited for consulting services for the purchase of Natural Gas. Since that time, there have been some issues arise with respect to contract language, . term, and expiry of existing contracts that prevented the parties from executing the agreement. Although Clarington approved the initial contract, due to the length of time, it has taken to resolve the concerns of the other parties, the original offer from A.E. Sharp has now expired. It is therefore recommended that the award of a three year contract extension to AE Sharp Limited be cancelled. The Durham Purchasing Co-operative have been in negotiations with AE Sharp Limited and a tentative agreement for a two year contract has been reached. The prices proposed are .03/GJ for year one and .04/GJ for year two. The proposed two year contract puts all parties on the same contract expiry which Will provide better opportunities for future contracts. It is therefore recommended that the proposed revised two (2) year contract extension be approved subject to contract terms being acceptable to the Durham Purchasing Co- operative. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 12(')[ 1l.J J J J J J J J J J J J J J J J J J J J L L L L j ... L ! L L L L L L L l L . .. L L L Schedule" A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and AE Sharp Limited, Willowdale, Ontario, to enter into agreement for Consulting Services for direct purchase of Natural Gas for a two year term. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, AE Sharp Limited, Willowdale, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2002. By-law read a third time and finally passed this day of ,2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1206 . . SCHEDULE" B" ... Cl@!i!lgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9, 2002 Report #: COD-38-02 File # By-law # Subject: Co-operative Agreement - Direct Purchase of Natural Gas Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-38-02 be received; . 2. THAT the Agreement with A.E. Sharp Limited at a price of .001134/m3 (.03/GJ) extended for a n additional three years; and 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement and be approved. Submitted by: Reviewed by: Marie Marano, H.B.Sc., C.M.a. Director of Corporate Services Franklin Wu, Chief Administrative Officer MM\LAB\km 1207 J J J J J J J J J J J J J J J J J J J L .L L L I '- , L. L ! i IlIIJ , i ... 'l L L L ~ l.. ~ i. I \. L 1. L ,REPORT NO.: COD-38-02 PAGE 2 ,,- BACKGROUND AND COMMENT SCHEDULE "B" The existing agreement with A.E. Sharp Limited for consulting services for the purchases of Natural gas has now expired. The Municipality of Clarington in conjunction with the Durham Purchasing Co-operative entered into this agreement in late 1997, in order to take advantage of the open market and have the ability to acquire gas at competitive prices. Due to the complexity of the market and the lack of expertise, it was felt that a consultant would best serve the needs of all participants while at the same time combining the Natural Gas requirements. A.E. Sharp Limited have proposed to the group a (3) three year extension agreement which would keep the existing commission rate of .001134/m3 (.03/GJ). Based on this, the total annual consulting fee applicable to the Municipality of Clarington would be approximately $900.00. Due to the fluctuation in gas 'prices a total cost savings for purchasing gas under this method are not available, however, are estimated to be + $39,000.00 over the past three years. A comparison of unit prices is attached marked Schedule uB". I have attached a preliminary copy of the Agency Agreement that will be entered into with A.E. Sharp Limited. Note, this agreement has been reviewed by the Solicitor for the City of Oshawa and has been approved with minor revisions. The participants of the Durham Purchasing Co-operative support this recommendation. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1208 SCHEDULE" B" SCHEDULE "An CI!J!-mgron THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and A.E. Sharp Limited, Willowdale, Ontario, to enter into an agreement for direct purchase of Natural Gas. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, A.E. Sharp Limited, Willowdale, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2002. . By-law read a third time and finally passed this day of ,2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1209 J ] J J J J J J J J J J J J J J J J J ...,~.._--"- ~. ;/07 /~002 ~~rge Volume ABC ... ' SCHEDULE "B" L AGENCY AGREEMENT (LaNe Volume) A2encv Billin2 and Collection Service L BElWEEN: TInS Agreement made as of the 24th of J1D1e 2002 . L CORPORATION OF THE MUNlCIP AL1TY OF CLARlNGTON, ("Customer") and t .. A.E. SHARP, a Division ofDYNEGY MARKETING INe. ("Sharp") 2 Sheppard Ave E., Suite 810 Willowdale, Ontario M2N SY7 L Notice and Appointment of Agent: The Customer (as identified above) hereby confirms and provides notice to all interested parties (each a ~. Notified Party") that by executing this Agency Agreement it bas entered into a contract appointing Sharp as its exclusive agent to enter into, .' rlanage and administer, on the Customer's behalf, aU contracts necessary to ammge for the plU'Cbase and distribution (which tenn includes sportation., storage and deli very) of gas to the Senice Address (as described in Schedule "A" attached hereto), as well as billing and collecting for these services. The Customer agrees that the terms and conditions of such contracts shall be binding on the Customer. Lnrollment: The Customer authorizes and directs Sharp to enter into arrangements on behalf of the Customer with the natural gas distribution company for each Service Address (the "Distribution Company"). The Customer approves the tnmsfer from its cwrent agent to Sharp. I Jirection: The Customer hereby requests, authorizes and directs the DistributiQD Company and' any other Notified Party to release any and all t.rnronnation in such Notified Party's possession and control, relating to the Customer, and the supply and delivery of natural gas to each Service Address including, but not limited to, customer usage information, site usage history report for the past twelve (12) months, credit and pa)ment . i'istOIY, consumption history, utility accOlUlt number and accOlUlt information to Sharp and acknowledges that such release may be subject to a fee }i. accordance with any tenns and conditions of the Notified Party. Distribution Company Terms: The Customer confums that Sharp has notified the Customer that the Customer may be bound by the terms, t :onditions and policies established by the Distribution Company for each Service Address and further confirms that the Customer will comply \\ith wuch terms, conditions and policies. .' . Reliance: Each Notified Party may deal exclusively with and rely on Sharp to make all arrangements on the Customer's bebalfin connection \\ith L the supply and delivery of natural gas to each Service Address as if such arrangements bad been made by the Customer. Billing and Fees: The Disuibution Company will bill the Customer for the natural gas delivered to each Service Address and for certain L.... distribution access charges and any other fees, charges or taxes relating to the delivery of natural gas delivered to such Service Address. A fee will . be paid to Sharp in consideration of its services of S.00113S/cubic meter which will be added to the cost of gas commodity and delivery. The Customer acknowledges that, at some point during the Term of this Contract, Sharp may bill the Customer directly for some or all of the costs associated \\ith the supply and delivery of gas to .the Service Address, provided that the Customer will not pay any additional costs as a result of L.. ShlUp billing the Customer directly. The Customer agrees to indemnify and save harmless Sharp from any costs or damages incurred by S~ that . are caused by the Customer. Sharp and. the customer will mutually agree upon a pricing strategy that will be confirmed in \\Tiling by Sharp with a separate pricing confinnation. The price of natural gas under this service is not regulated by the Ontario Energy Board. L Effecti\'e Date: The appointments and directions are effective as of the date oftbis Agency Agreement ResponsibUl~': The Customer confmns that it has the authority to enter into an agreement for the supply of natural gas to each Service Addre'ss L., and to appoint an agent for the delivery thereof to each Service Address. The Customer agrees to keep the payment of its natural gas account \vith '.. the Distribution Company and Sharp up-to-date, to pay such accolUlts when due and to be bound by and responsible for the arrangements made by ShlUp as agent on its behalf. The Customer has read the Contract and 1D1derstands and agrees to be bound by the tenns thereof. ~ Term: This Contract is for a 3 year term commencing on the date off1fS.t deliveries as determined by the applicable LDC (the "Initial Term"). ... Conditions of SeMice: Sharp is under no obligation to provide any services or to continue to armnge for the supply of natural gas lUlder this g~ncy Agreement in any of the following circumstances: . -L C IWINNT\ProM,!slb03\T emporary Internet Files10LK7IClMngtDn_ Gas La-geVoLnneABC'.gency_AgreemenlDOC 15I/J.O'/ \ ... 71!) 15/07/2002 Large Volume ABC . f t I' SCHEDULE "B" J . (a) if the Customer defaults on payment of its account~ ''-) upon written notice by Sharp, if Sharp is unable or is prevented from comp.lying. with any of the. ob~gati~ns it owes to the DistributiOnJ.... Company or if the Distribution Company is unable or is prevented from complymg "1th any of the obligatIons It owes to Sharp; (c) if, as detennined by Sharp, any: (i) amendment to applicable law, by-law, statute, regulation, rule, ordinance, policy, order, code, infonnation letter, guideline, bulletin or directive~ or (ii) judicial or regulatory order, requires, directs or makes desirable, directly or indirectly, that aJ.... material tenn be amended, inserted or deleted in this Agency Agreement and Sharp notifies the Customer that it wishes to renegotiate the tenns. and conditions of this Agency Agreement in cOIUlection with such amendment insertion or deletion and the parties are unable to agree upon the revised terms and conditions of this Agency Agreement "ithin 30 days of such notice;, (d) if the Distribution Company no longer services the Service Address for any reason or takes any step to discoIUlect supply, other than as a resultJ of an emergency or to facilitate repairs to the natural gas facilities; (e) if the Customer authorizes another natural gas supplier or Agent for the Service Address during the Term; J' (t) if any other natural gas supplier is appointed by the Distribution Company to supply natural gas to the Service Address during the Term due to · an event of default affecting the Customer. (g) if this Agency Agreement or any part thereof is assigned without the consent of Sharp; or 'J" (h) if the Service Address is, at any time during the Tenn, no longer owned or occupied by the Customer or owned or occupied by any person ... o.ther than the Customer without the consent of Sharp. Either party may give the other party additional warnings before it terminates this Agency Agreement. J Scope of Agency: The Customer acknowledges that (a) Sharp is not a fiduciary of the Customer with respect to the purchase and sale of natural gas; ... and (b) the Customer has other alternatives to acquire natural gas. . Further Assurances: The Customer agrees that it shall execute other documentation (including another agency agreement) if required by thel:' Distribution Company in addition to or in substitution of this Agency Agreement. Natural Gas Imbalances. At any time during the Tenn, the Customer's actual or forecasted natural gas consumption may exceed or fall short of. the forecasted Annual Volume as set out in Schedule A. The Distribution Company maintains an account which records the difference between the).1 forecasted amount and the quantities of gas actually consumed (the "Balancing Gas Account"). The Distribution Company may require Sharp or the" r.ustomer to bring its Balancing Gas Account into balance. The Customer \\ill reimburse Sharp for any and all costs incurred by Sharp (including . U'ges imposed by the Distribution Company and any other costs incurred by Sharp) that 'are reasonably attributable to the Customer to bring theJ... . tSalancing Gas Account into balance. . j Flow-Through Charges: The Customer hereby acknowledges that in addition to all other amounts referenced herein, the Customer shall be responsible for and agrees to pay all charges, fees, assessments or allocations assessed by or through the Distribution Company against then Customer or Sharp as the result of the delivery of natural gas to the Sen'ice Address, matters incidental thereto and any act or omission of theJ' Customer or of Sharp taken or omitted at the request of or on behalf of the Customer. Customer Indemnit).: Customer agrees that it will indemnify and save harmless Sharp, its affiliates, the respective directors, officers, andJ employees, and the permitted assigns of Sh8ll' and its affiliates (collectively, "Sha rp and its Representatives") in full for any loss, damage, injury, liability or cost which any of Sharp and its Representatives, as applicable. suffers arising from. or incurs as a consequence of, any act or omission 0 Customer relating to the supply or delivery of natural gas to the Service Address including, '~ithout limitation to the foregoing, any claim resulting from any default or breach by the Customer, or any failure of the Customer to perform any obligation relating to the Contract or any obligation tOJ' any third party, including, but not limited to, any agreement ,\oith the Distribution Company. \ . . Assignment: Neither part)' shall assign or othemise transfer any of its rights or obligations under the Contract without the prior written consent of the other. Such consent shall not be unreasonably withheld: provided however, Sharp may assign or otherv.ise transfer any or all of its rights orJ obligations under the Contract to its affiliates without the consent of the Customer. Other than with the consent of the other party or in the case of ) an assignment by Sharp to an affiliate, no assignment or transfer shall relieve the assignor or transferor of any Of its obligations \Ulder the Contract. .. Confidentialit)': The Customer shall not disclose the tenns of any purchase and sale of natural gas under the Contract to a third party (other than _ the Customer's employees, counsel, accountants or consultants who have agreed to keep such terms confidential) except in order to comply WithJ... any applicable law, order, regulation, exchange rule or to effectuate transportation of the natural gas hereunder, provided, the Customer shall notify Sharp of any proceeding of which the Customer is aware which may result in disclosure and use reasonable efforts to prevent or limit the disclosure. Sharp shall be entitled to all remedies available at law or in equity to enforce, or seek relief in cOIUlection ,\oith, this confidentiality obligation. J' .. No Business Rc~trictions: The Customer understands and acknowledges that Sharp and its affiliates participate, or may participate. in nwnerous aspects of the natural gas market under a variety of roles and \\ith varying interests. The Contract does not, in any way, preclude Sharp and its affiliates from pursuing any other business opportunities they may \\ish to pursue. J C:\WINNT\ProfileslIb03\Temporary Internet Files\OLK7\Clanngton_Gas LargeVolumeABCAgency_Agreemenl DOC J /JI/J..'/ 1 2 1 I J 1:7~7/.2?02 ~~rge Volume ABC " SCHEDULE "B" No Waiver: No delllY or omission by either party in exercising any right, power or remedy under the Contract shall be construed as a waiver of llch right, power or remedy and any single or partial exercise shall not prevent any other or further exercise of the same or the exercise of any other 1.1ht, power or remedy. Severance of InvaUd Provisions: If and for so long as any provision of the Contract shall be deemed to be judged invalid for any reason ~' 'hatsoever, such invalidity shall not affect the validity or operation of any other provision of the Contract except only so far as shall be necessary to 've effect to the construction of such invalidity. and any such invalid provision shall be deemed to be severed from the Contract without affecting e validity of the balance of the Contract ~' -,ntire Agreement: The Contract and A.E. Sharp's letter of June lllll. 2002 (Natural Gas Procmement- Consulting Services) contains the entire greement between the Customer and Sharp and it replaces any prior written or oral agreement between the parties concerning the supply or eliver)' of natural gas. There are no verbal representations. rights or obligations that are not contained in the Contract The laws of Ontario and the , laws of Canada applicable in Ontario shall govern the Contract. t :xecution: The Agency Agreement ~y be executed.in multiple counterparts and by facsimile transmission. each of which shall be deemed an 4lIeriginal and all of which shall constitute one instrument , ~ddress for Notices: Any nolice or other communication under the Contract shall be in writing and shall be delivered by courier, mail or facsimile ...0 the Address for Notices sel out below or to such other address as may be specified in writing by either party from time to time. A.E. SHARP UMITED i \ Di'1sion of DYNEGY MARKETING INC..("Sbarp") &.Juite 810 2 Sheppard A venue East Willowdale, Ontario t \A2N 5Y7 Wel: 416-733-2114 Fax: 416-733-0650 , t.."er: Title: CORPORATION OF THE MUNICIPALITY OF CURINGTON Per: Title: ~-L L L L L L L l -1.. C:IWINNT\Profi Ieslb03\T emporay Internet FiIesIOLK7\CllringtOll_ Gas LargeVoumeABCAgency_Agreement.DOC /SIlJ.oJ L 12'''' I I!.. D/U'//2002 L~rge Volume ABC . '. t ~~ SERVICE ADDRESS INFORMATION SCHEDULE" B" , J J J " SCHEDULE "A" TO AGENCY AGREEMENT The "Estimated Annual V olume't for each Service Address is specified below: Customer Name on Sen;ce Address Bill Location Name Mailing Address Account Number Distribution Company Estimated Annual V olu'j (cubic meters) J 1213 1 J J J J J J J J .J J J J J ~ , CIWINNnProflleslb03lT emporary Internet FilesIOLK7\Clanngton_ Gas LargeVoumeABCAgency _Agreement DOC ISIIJ..J '1.(. l t ... L \ L L L 1 ... , ... ~.L L L t .. L L L l l l . . j.=Sharp .. . ' .. . . SCHEDULE "B" ,/ '. June 11,2002 Ms. Lou Ann Birkett,C.P.P.,A.M.C.T. Purchasing Manager Corporation of The Municipality of Clarington 40 Temperance Street Bowmanville,ON . LIC 3A6 Dear Ms. Birkett, Re: Natural ~al Procurement - CODSWfu:1g Services . . . Reference your ietter of May-14th relative to extending/renewing the .Durbani PurchaSing Co-operative agreement for pro~ement. and ~~~tingladvisory services wi~'AE S~. . . AE Sharp is pleased With the Co-operative's intend to renew the existing agreement dated March 30,1998. This letter is a formal re~onse to extend the agreement for a period oftbree years commencing Nove~ber-1-200Z. ..' In addition to the special condi~ons as oi1tlinedin the'existing March 30,1998 agreementAE Sharp shall provide: '. . 1. Every 6 months as a minimum a. natural gas price <;:omparison report ( benchmarking) that compares: Price on Utility Bill, Actual Cost of Procured Gas, Utility Price on Bill for their system customers .~d Market Price of Gas. . 2. Annually, a complete reconciliation of gas delivered to the utility, gas consumed by the facilities and the mitigation.( sale or purchase) of surplus gas ( 1Uldercopswnption ) or the procurement ~fmake--up gas (ove~onsumption) to balan~e supply/demand to zero. Items'I and pamcularly item 2 e~ce ~e financial accountability of the process between AE Sharp the Utility and Client. From an audit standpoint AE' Sharp records of procmement and sale of excess gas are audited on an 'ongomg basis. The reconciliation is triggered " by the utility ( ever 12 months) within 60 to 90 days post DP A renewal date. ( item #5 in May-I41etter). AE Sharp was purchased by Dynegy CBnada in October 2001. AE Sharp procures gaS SUpplif on behal( of their clients from up to fom major .gas suppliers ( ie BP-Amoco,Coral (Shell), Dynegy Canad~ and Duke Energy ) ~ the best economic interest of our clients. . . 2 Sheppard Avenue East. Suite 810, Willowdlllc. OntarioM2N SV7 Tel: 416 733-2114 Fax: 416 733.0650 Email: answers@ac-sharp.com 12 i 4 ~ . ~ . . 4 '( ~ ~- ~ I !". : 00 :t 'rns:r:t~"'5RI!t:s:lN=t1t~-~'~ ;:;, I ~~~~~~~~~~~~~~~~~~ oooooooooodooooooo I I ~ , ) ii · J _! ~~~!;~!;U~O~lilii~~~Il;1 I ~ I '. 'r.'! It! Ii I. ."~.'I ~~~~~~~"'~~'rn"'~~p-. ~I~ .1 ~~~~~~~~~~~~~~~~~~ . .1l,wl~ltl'l 11 000000000000000000 " ;A< I , ilill tit I ~~ Ii!.. IU : I lutl tl~ 'I 'U~=::~II.=~::u~=:e== 1Y i"'I\1 11- ~~~~-~~~~~~~~~~~~~ ... .\ ...............000.0. I III i .'1 ~ ~ !U~IIII :m I ~d J. =~~~~~~~~~~~Q~QQQQ I It) 1111 ~ dooooooooooooooooo' ~. I ? ! !~ Ii I "~ lieiif I I i~ttl II :r, I c! UI UI II k -!I~~~li~II~I\\~~\1i~1 t,~ c ls~~ I e I!~~~~~~E ~ I~i ! i ~!a ~I; 1 ~il j ..1 ) 1215 SCHEDULE "B" .... j J J J J J J J J .J J J J J J J ..J J J l. '..'-1 L.~ i · ,.. IE I .. L . r ,_. :i I ~ ~ B 9 919 B 9 9 9 ':11 i .' . . , I i~iCN.-i._Gi L i IhIUi.U:h L . III . .. ~, .. I. ~ z en \ U L. )- . . f ; III. 0 lit .. :I " U ,.. C . ~ 0 1. : III r: ~ . L. ~ o . , a- t ... L. ... c . . ... L i s: L ! L L ~ L. , " i .. :1 ~ ~ 5 l.ce8 L 88888~8888.88. ! ! m~ 'I'! .~ 'I~I __Z l~iil..fiR i I zzzzzzzzzzzz ii 000000000000 I a i : ." ~ ~ illJl1l1hll I. I t i I I ! '15 f e !! I I 1 t 1111JllllG:NN " I hilhaHUI f ~ hE!l!!nul!U iI1. :R18:Rf8:Rf8:R:R:HlRlRlR m .. ~ ~ ~ ... ... ~ .. ... ~. ... .... ! ~ ~~~~~~~~~~:.~i ... .. ~ J ~ ~ ~ ~ ~ ~ ~ jfi:'J a3 !I c u ! :. , . ; t ~ I liliiiil!lil i i 1216 SCHEDULE" B" /' j J J J J J J J J J J J J J J J J J J L ~ ... , .. , i .. ~ \ .. L l L ~. .. ... I ... , t i. f i ... I ! ... L L ~ t.. t .. L \ .. Qf1!il!gton REPORT CORPORATE SERVICES OEP ARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 18th, 2002 Report #: COD-55-02 File#_ By-law # Subject: Co-operative Tender T02-20, Domestic Fuel Oil 2002/2003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-55-02 be received; THAT Shell Canada Products with a net unit price in the amount of $.3778 per litre (including GST), meeting all terms, conditions and specifications of the Co- operative Tender T02-20 be awarded the contract to supply and deliver No.2 Domestic Fuel Oil to the Municipality of Clarington for the 2002/2003 winter season; and 2. 3. THAT the funds expended be drawn from the 2002/2003 budget allocation for heating of facilities. Submitted by: Reviewed by: Q ~ --'" e....sr... Franklin Wu, Chief Administrative Officer ! .' / / /, / /I / .' fie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM\LAB\km ." 2t7 REPORT NO.: COD-55-D2 PAGE 2 \ j J J J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT A Co-operative Tender was issued for the supply and delivery of No.2 Domestic Fuel Oil. Affiliated Hall Boards, Museums and Park Boards were given the option of being included in this tender. Subsequently, the bids were received and tabulated as per the attached bid summary, marked Schedule "A". The required funds will be drawn from the 2002/2003 budget allocation for heating of facilities from which there are adequate funds available. The priced tendered represents a price decrease of approximately four (4%) over the 2002/2003 tendered prices. In comparison to the tendered unit price of $.3778, the average household price is approximately 70% higher. For the information of Council, the 2002/2003 expenditure for this contract was approximately $45,000.00. After further review and analysis of the bids by Purchasing, it is recommended that Shell Canada Products be recommended for the contract award to supply and deliver No.2 Domestic Fuel Oil, as required by the Municipality of Clarington. The subject firm have previously provided satisfactory service for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1218- l L L i i ... CI!K-llJglon Municipality of Clarington j . I .. ~. 1.. ! t .. SCHEDULE "A" BID SUMMARY 1 I.. CO-OPERATIVE TENDER T02-20 NO.2 DOMESTIC FUEL OIL t .... BIDDER TOTAL BID AMOUNT Shell Canada Products $.3778 /Iitre Petro Canada $.4125/litre Ultramar Canada $.4215/litre L L L L L L L L L L 12\9 j J J J J J J J J J J J J J J J J J J l L L L L L L t .. , .. L L i L ~ .. L L l L L L Cl~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 18, 2002 Report #: COD-56-02 File #_ By-law # Subject: Fair Wage Schedule Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 2. THAT Report COD-56-02 be received for information; and THAT Council confirm its current practice of not utilizing a "Fair Wage Policy" Submitted by: Reviewed by: !) ~.....::.- ~~ Franklin Wu, Chief Administrative Officer r e Marano, H.B.Sc., C.M.O. Director of Corporate Services MM\LAB\km 1 22(1 REPORT NO.: COD.56-Q2 PAGE 2 BACKGROUND AND COMMENT Over the past couple of years the Municipality of Clarington has been approached by various construction Trade Unions, and most recently by the Universal Workers Union, for consideration of. the implementation of a "Fair Wage Policy" in all municipal construction contracts. The current practice of the Municipality is to not utilize a "Fair Wage Policy". A Fair Wage Policy stipulates to contractors bidding, the contract hourly rates that they are to pay to their various sub-contractors. The purpose of it is to produce some equity and compromise between those contractors using organized versus unorganized labour. The drawbacks of a Fair Wage Policy can be summarized as follows: . difficult to establish labour rates and classifications acceptable to all parties; . difficult, time consuming and costly to enforce . may require additional staff resources to monitor adherence to the policy . may restrict local competition that is not unionized . may arbitrarily increase prices The goal of the Municipality is to optimize our financial resources. In order to accomplish this our tendering practices must be open and competitive for us to obtain the greatest value for the dollars being expended and meet our objective of running cost effectively. Staff have surveyed all Municipalities within the Region of Durham and have found that the City of Oshawa is the only one who currently has a Fair Wage Policy. The City of Oshawa Purchasing By-law includes the following clause: "3.08 In the case of all City construction contracts the Contractor shall be required to payor cause to be paid to each person employed in the contract work (including persons employed by Sub-contractors) at least minimum union rate of wages for employees of such class prevailing in Oshawa from time to time during the execution of the work, or if there is no applicable union rate, the prevailing rate of wages in Oshawa for employees. The rates established by the City of Oshawa vary and are based on a percentage of the union rates established in the specific zone for the representative classification, as determined by the Ontario Ministry of Labour. 1221 J J J J J J J J J J J J J J J J J J J t ... REPORT NO.: COD.56-G2 PAGE 3 1'- ~ II. The most aggressive use of a fair wage policy is by the City of Toronto, who actually have a l "Fair Wage Office" with four (4) full time staff members. It is the responsibility of these staff to ensure the policies are enforced and to investigate any cases of non-compliance. I & ... The only other Municipality in Ontario known to have a "Fair Wage Policy" is the City of London. \ i ... In summary, it is staffs opinion that to implement a Fair Wage Policy within the Municipality of Clarington would not be in the Municipality's best interest at this time. L ~ I ... I .. , ... I ... I L. L ~ -. L i ... , L .. L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1?),/ j J j J J J J j ~ J J J J J J J J J J i i .. ~ t L. ! ... j; { I .. ~ L ~. I .. ( .. i i .. C/!!!il1gfOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 18, 2002 Report #: COD-57 -02 File#_ By-law # Subject: RFP2002-13, Consulting Services, Ontario Power Generation Inc., Used Dry Fuel Storage Facility, Environmental Association Recommendations: ! , .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L L I .. L L L I '- \ t .. L 1. THAT Report COD-57-02 be received; 2. THAT IER Planning, Research and Management Services, Concord, Ontario with a total bid in the approximate amount of $73,427.50 (plus G.S.T.), being the lowest most responsible bidder meeting all terms, conditions, and specifications of Request for Proposal RFP2002-13, be awarded the contract for the Ontario Power Generation Inc., Used Dry Fuel Storage Facility, Environmental Assessment, as required by the Planning Services Department; 3. THAT the total funds required be drawn from account #1100-00037 -X Ontario Power Generation Environmental Assessment; and 4. THAT the attached By-law marked Schedule "B" authorizing the Mayor and the Clerk to execute the necessary agreement be approved; FORTHWITH. /~ o() ~O. ~ Reviewed b~~ -- ~ Franklin Wu, Chief Administrative Officer Submitted by: z? arie Marano, H.B.Sc., C.M.O. Director of Corporate Services r Dav rome, MCIP, RPP Director of Planning Services MM\LAB\DC\km 1223 REPORT NO.: COD-57-Q2 PAGE 2 J J j J J J J J J J J J J J J J J J J BACKGROUND AND COMMENT A Request for Proposal was issued with seven (7) firms being invited to submit on providing Consulting Services for Ontario Power Generation Inc., Used Dry Fuel Storage Facility, Environmental Assessment. Subsequently, three (3) p~oposals were submitted and tabulated as per Schedule II A" attached. A committee comprised of representatives from Planning Services and Purchasing, reviewed each of the submissions. As stipulated in the proposal documents, proponents were evaluated based on the following criteria: . Previous radioactive (Nuclear) Waste Management experience . Canadian Environmental Review Process . Socio - economic Impact Assessment . Environmental Impact Assessment . Key personnel . Ability to communicate . Working knowledge in Clarington I Region of Durham . Overall impression . Proposed fees and hourly rates . Potential Conflict of Interest . Ability to complete project in accordance with schedule As per the Request for Proposal document, the consultant selection would be made on the basis of written proposals and a potential interview. Based on the above evaluation criteria, the committee unanimously agreed on one (1) proponent. IER, Planning, Research and Management Services. Concord, Ontario. Their overall evaluation including the interview provided scoring which clearly illustrated their unparalleled ability to fulfill all requirements as outlined in the proposal document. 1224 Ii: I.. ... l ~:. t' .. ~. ... ! f ... l II. i L. ! . .. . I .. L L L L L L i L. L L REPORT NO.: COD-57-02 PAGE 3 After further review of the bids by the committee, it was mutually agreed that the bid from IER Planning, Research and Management Services, Concord, Ontario, with a total bid in the approximate amount of $73,427.50 (plus GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2002-13, be awarded the contract for the consulting services for the Ontario Power Generation Inc., Used Dry Fuel Storage Facility, Environmental Assessment, as required by the Planning Services Department. As timing is of essence for the commencement of this project, a FORTHWITH approval is requested. The total funds required will be drawn from Account # 1100-00037-0000, Ontario Power Generation Environmental Assessment, and are 100% recoverable by the Municipality from Ontario Power Generation Inc. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Planning Services. Although the subject firm have not previously performed satisfactorily for the Municipality of Clarington, they have provided satisfactory services for Gartner Lee Limited, SNC Lavalin, and Ministry of the Environment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41691 225 . .... C Q) C E 0 en en +-' Q) CJ) en en C :-<C u- -- C co 1- - .... MCC CO "-OQ) - I .- E U :: >- N....C ~o:: O~O OQ)L- "I- .. <( N C.- W:E a..Q)> 0 5:E L1.C!)C c=: W C::) L- "' >- wU) C=:Q)~ +-' J:c w~= 0- (:) 0.- -- U)a3 zD..~ - CO WOLL 0.. ~ .i: Q) COD) -- ....CO U C L- 00 -- .... C tn :J - Q) ~ ~ LL ~ C "C Q) en ::) 1226 .... Z ::) co 0 0 0 ,:E 0 LO 0 'C( c:i ~ c:i 0 c.o N 0 N "lit. C'1. in a) ('I') ('I') ..J "lit ...... co ~ ~ ~ ~ 0 .... (/) Q) (J .~ Q) (j) - C Q) E Q) C> Q:: co c W co 0 ~ 0 "'0 c3 in c c co .r::. (/) (J ~ .s c co co Q) '0 co (/) 0 c Q) (/) 0 c:: (/) +:i Z <( co 0 c>z .r::. E .50 ~ Q) - c c . co Z c 0 ffi"E Q) - g. (/) 0 ~ a.. 0 Q) E (J X <( c:: c c:: ill ~ 0 2 .~ co co ill U <( Q) > o .c co Q) .r::. - d .. J j J J J J. j, J J J J J J .J J J J J J ro .9 ~ X Q) .sa ~ (j) (!) ill ~ o z '" -.. L f '- > L , f f_ ... i ; ... I f, l.. ! L. L l L. L I L. L L L J ... l ! L. L \ Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2002- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and IER Planning, Research and Management Services, Concord, Ontario, Ontario, to enter. into agreement for the Ontario Power Generation Inc., Used Dry Fuel Storage Facility, Environmental Assessment. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, IER Planning, Research and Management Services, Concord, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2002. By-law read a third time and finally passed this day of ,2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1227 ] J J J J J J J J J J J J J J J J J J L ~ ~ L l ~ l L L L L L L L L I L , III. , l .. ! a.. j l , CLar.pn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, NOVEMBER 18,2002 Resolution #: Report #: FND-017 -02 File #: By-law #: Subject: REVISION TO THE MUNICIPAL INVESTMENT POLICY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-017-02 be received; 2. THAT the long-term investment limit be increased to $30 million and that Schedule "A" Part 4 be updated to reflect this increase; and 3. THAT Schedule "B" Part 5, be updated to read a quarterly statement of investments outstanding shall be submitted to Municipal Council. d/---... ~. /J () r t? J \"-t Reviewed by:' ~"'-- '-/\.....J "'t Franklin Wu, Chief Administrative Officer. NT ILB/hjl 1301 REPORT NO.: FND-017-02 PAGE 2 BACKGROUND AND COMMENT: 1.0 At the October 5, 1998 General Purpose and Administration Committee meeting, Report TR-76-98 (Attachment #1), was approved to revise and update the Municipality's Investment Policy, formerly updated in 1995. At that time the long-term investment limits were increased to a maximum of 65% of the reserve fund investment portfolio balance or $20 million, whichever is'less. 1.1 The reserve fund investment balance in 1998 was $31,230,970 (as reported to Council via monthly cash activity reports) and is currently $48,828,638 (as reported to Council via quarterly cash activity reports). It is therefore recommended that the policy be revised to allow for a maximum of 65% of the reserve fund investment portfolio balance or $30 million, whichever is less, to be invested in long-term investment. 1.2 The maximum investment term will not exceed five (5) years, except for Ontario Municipal Government and Municipal Investment Pool Investments and Ontario Savings Bonds. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1302 , J J J -J J J J J J J J J J J J ~ J J J L L Revised Schedule "A" Report FND-017-02 , L , .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON SHORT TERM LONG TERM INVESTMENT POLICY FOR SURPLUS GENERAL FUND, RESERVES, RESERVE FUND AND TRUST FUNDS L L LEGISLATIVE AUTHORITY Section 167(2) of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies not immediately required for current operating purposes. L Section 163 of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies raised for a reserve fund and its earnings in such securities as allowed under the Trustee Act. L L L POLICY 1. TYPES OF INVESTMENTS That the Municipality of Clarington place investments in those instruments permitted under the Municipal Act and the Trustees Act of Ontario, and more specifically only those issued or guaranteed by the following institutions (see Appendix A and A-I for current listing): J '- l (i) The Government of Canada (ii) The Provinces of Canada (iii) Ontario Municipal Governments as defined in the Municipal Affairs Act (iv) Schedule "A" and "B" banks. L L ~ b l L L 2. PLACEMENT OF INVESTMENT That the Municipality of Clarington be permitted to take advantage of investments offered by qualified investment brokerage houses, such as RBC Dominion Securities and/or Wood Gundy Inc., and financial institutions as circumstances dictate. 1303 Revised Schedule" A" To Report FND-017-02 Page -2 - J J J j J ~j J J J J J J J J J ~ ., 3. LIMITATIONS AND DIVERSIFICATION OF PORTFOLIO HOLDINGS That the following limitations be placed on investments with anyone financial institution based on the issuer of the investment according to the rating supplied by a qualified bond rating service, taking into account the overall value of the investment portfolio. That the mix of investment be maintained of holdings in the portfolio with a minimum of 20% AAA (maximum) 70A (high) and maximum 10% A (low). INVESTMENT INSTITUTION LIMIT Government of Canada Province of Ontario Other Provinces of Canada Schedule "A" banks Schedule "B" banks Ontario Municipal Governments Municipal Investment Pools No limit Maximum 40% of portfolio Maximum 30% of portfolio Maximum 30% of portfolio Maximum 1 0% of portfolio Maximum 20% of portfolio Maximum 30% of portfolio 4. TERM OF INVESTMENT Investments in long-term bonds shall be limited to 30 million or 65% of the Reserve Fund investment portfolio balance, whichever is less. The maximum investment term will not exceed five (5) years, except for Ontario Municipal Government and Municipal Investment Pool Investments and Ontario Savings Bonds. 5. Municipal Investment Pools, as mentioned above, includes the CHUMS Money Market Fund and the LAS Pooled Investments program offered by the Municipal Finance Officers Association and the Association of Municipalities of Ontario. These funds were combined under the new "ONE" fund May 1, 1995. 1304 J J j L , WIt L L L l. i .., L l L t ... L l L L L .. '- , , .. L Revised Schedule "B" Report FND-017-02 INVESTMENT PROCEDURES 1. That Deputy Treasurer or alternate under the direction of the Director of Finance/Treasurer shall be responsible for the placement of short and long term investments. Subject to the limitations of this policy staffwill invest at the highest interest rate available. 2. That Deputy Treasurer or alternate under the direction of the Director of Finance/Treasurer shall determine the amount of funds and terms for which placements can be arranged within the limits of policy. 3. Competitive bidding will be obtained, when possible, before the placement of any investment. 4. All investment s shall receive the approval of the Director of Finance/Treasurer. 5. For information purposes, a quarterly statement of investments outstanding shall be submitted to Municipal Council. 1305 \ Meeting: Date: Report It: Subject: J Attachment #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON j REPORT ~J: . , General Purpose and Administration Committee il File It: October 5, 1998 :,.T. Res.lt: .J TR-76-98 File It: By-Law It: REVIEW OF MUNICIPAL INVESTMENT POLICY - .J Recommendations: J It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-76-98 be received; J J J J 2. THAT the attached revised Schedule "A", along wich it's supporting revised Appendix "A" and "A-1", be approved as the current Investment Policy for the Corporation of the Municipality of Clarington for surplus General Fund, Reserves, Reserve Fund and Trust Fund monies; 3. THAT the revised Appendix "A" and "A-1" be amended from time to time to reflect the current status of any bank or institution being considered for investment; and 4. THAT the investment procedures (attached Schedule "B"), be received for inf01mation. J 1.0 Background and Comments: 1.1 1.2 At the February 6, 1995, General Purpose and Administration meeting, Report TR-3-95 (Attachment #1), was approved to revise and update the policy formerly established in 1992. Prior to 1995, the Municipality invested solely in short-term instruments. Due to the increase in the level of Reserve Funds, due primarily to the 1993 Ontario Hydro Agreement and the collection of Development Charges levies, the policy was revised to introduce longer-term investment instruments. J J J 'j This resulted in a much higher return on investments. At the time the policy was revised, it was determined that the initial limit on long term instruments be set at a maximum of 50% of the investment portfolio or $15 million, whichever is less. Now that the Municipality has established a successful long-term portfolio, the initial limit has proven to be too restrictiv~ to allow the Municipality to take advantage of favorable investment opportunities. It is therefore recommended that the policy be "". '1 ]' , ~06 J t.. .- \ t ... l L , 1. l .. r '" L t ... l ,~ f ... t ~ ~ .. L L t, , ..,. ~ '- ~ t lIl. t II. TR-76-98 Review of Municipal Investment Policy Page 2 revised to allow for a maximum of 65% of the reserve fund investment portfolio balance or $20 million, whichever is less. 1.3 This will still allow sufficient funds for capital requirements as the current reserve fund investment balance is $31,230,970 (reported to Council via monthly cash activity reports) and the annual budget draws on the reserve funds for capital purposes have been as follows: 1998 1997 1996 2,962,862 2,510,926 3,056,935 1.4 The current investment policy also indicated that the maximum investment term would not exceed five (5) years except for Ontario Municipal Government and municipal investment pool investments. Beginning in 1997, very favorable rates have been available on Province of Ontario savings bonds. The Municipality has purchased $1 million of Ontario Savings Bonds with staggered maturity dates. The final maturity date is beyond the five (5) year maximum, however because these bonds are fully cashable with no penalty, every six (6) months the policy (Schedule "A") is recommended to change to allow for these exceptions. For clarification purposes, Ontario Savings Bonds should be included with municipal government bonds as an allowable exception to the five (5) year maximum investment term. 1.5 Section, 3, Schedule "A" of the current policy, indicates that a maximum of 30% of the portfolio is permitted to be invested in instruments issued by each of the provincial governments. However, the investment policy also includes minimums and maximums based on security ratings. Since 1995, many of the provinces have fluctuated in their rating, with the Province of Ontario being one o~ the only one consistently rated A (high) or greater. As a result, the combination of the above policies have become inadvertently restrictive. It is therefore recommended that the maximum be raised to 40% for the Province of Ontario only. 2.0 The above policy changes have been incorporated into the revised Schedule "A", Appendix "A" and "A-1" and Schedule "B" for Council approval in order to improve the flexibility of the municipal investment portfolio and maximize returns while still protecting the security of the portfolio. y submitted, Reviewed by, H.BSc" AMCT, 1~---" W.H. Stockwell, Chief Administrative Officer. MM/NT/hjl Attachments 1307 REVISED SCHEDULB "An .. 'J J RBPORT TR-76-98 i CORPORATION OP THE MUNI:CI:PALI:TY OP CLARI:NGTON SHORT TERM/LONG TBRM INVESTMENT POLI:CY POR SURPLUS GENERAL FUND, RESBRVES, RESBRVE PUND AND TRUST FUNDS J LBGISLATIVE AUTHORI:TY Section 167(2) of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies not immediately required for current operating purposes. 'J (i) (H) (Hi) The Government of Canada The Provinces of Canada Ontario Municipal Governments as defined in the Municipal Affairs Act Schedule "An and "En banks. J J l J J Section 163 of the Municipal Act R.S.O. 1990 provides the legislative authority to invest monies raised for a reserve fund and its earnings in such securities as allowed under the Trustee Act. POLI:CY 1. TYPES OF INVESTMENT That the Municipality of Clarington place investments in those instruments permitted under the Municipal Act and the Trustees Act of Ontario, and more specifically only those issued or guaranteed by the following institutions (See Appendix A and A-1 for current listing): 13,08 J J ] J J J J J (iv) PLACEMENT OF INVESTMENT That the Municipality be permitted to take advantage of investments offered by qualified investment brokerage houses, such 'as RBC Dominion Securities and/or Wood Gundy Inc., and financial institutions as circumstances dictate. 3. LIMITATIONS AND DIVERSIFICATION OF PORTFOLIO HOLDINGS That the following limitations be placed on investments with any one financial institution based on the issuer of the investment according to the ratinq supplied bv a qualified bond rating service, per attached Appendix "A" and "A-i", taking into account the overall value of the investment portfolio. That the mix of investments be maintained of holdings in the portfolio with a minimum of 20% AAA (maximum) 70% A (high) and maximum 10% A (low). ) J . .. l ! \. L , I ... , I L , ~ i ... L , 1 "'" L f .. t \. { , , ., \. , I ,\., i.. \ . .. r,. Revised Schedule "A" Page 2 INVESTMENT INSTITUTION LIMIT Government of Canada Province of Ontario Other Provinces of Canada Schedule "AN banks Schedule "BN banks Ontario Municipal Governments Municipal Investment Pools No limit Maximum 40% of portfolio Maximum 30% of portfolio Maximum 30% of portfolio Maximum 10% of portfolio Maximum 20% of portfolio Maximum 30% of portfolio 4 . TERM OF INVESTMENT Investments in long term bonds shall be limited to $20 million or 65% of the Reserve Fund investment portfolio balance, whichever is less. The maximum investment term will not exceed five (5) years, except for Ontario Municipal Government and Municipal Investment Pool Investments and Ontario Savings Bonds. 5 . Munic~pal Investment Pools, as mentioned above, includes the CHUMS'Money Market Fund and the LAS Pooled Investments program offered by the Municipal Finance Officers Association and the Association of Municipalities of Ontario. These funds were combined under the new 'ONEN fund May 1, 1995. 1309 ) SCHEDULE "B" j J ] 1 J J TR-76-98 INVESTMENT PROCEDURES 1. That Deputy Treasurer or alternate under the direction of the Treasurer shall be responsible for the placement of short and long term investments. Subject to the limitations of this policy staff will invest at the highest interest rate available. 2. That ,Deputy Treasurer or alternate under the direction of the. Treasurer shall determine the amount of funds and terms for which placements can be arranged within the limits of policy. 3. Competitive bidding will be obtained, when possible, before the placement of any investment. J J J 4. All investments shall receive the approval of the Treasurer. 5. For information purposes, a monthly statement of i~vestments outstanding shall be submitted to Municipal Council. ] ,J J J J J J l 1310'; I j, 1 J \. l REVISED APPENDIX A-l REPORT TR-76-98 L DBRS Rating Schedule as of August 1, 1998 L Issurer Name DBRS ! .. Government Issuers Federal Government and Agencies (local · Government of Canada · Business Development Bank of Canada · Canada Mortgage & Housing Corp. · Canadian Wheat Board · Chevron Canada Finance · Export Development Corp. · Farm Credit Corp. Provincial Governments · Alberta · British Columbia · Manitoba . New Brunswick . Newfoundland · Nova Scotia . Ontario · Prince Edward Island . Quebec . Saskatchewan provincial Government Agencies · Alberta Municipal Finance Corp. · British Columbia Municipal Finance · British Columbia, Hydro & Power · Hydro-Quebec · Manitoba Hydro Electric Board · New Brunswick Power Corporation · Newfoundland & Labrador Hydro · Nova Scotia Power Finance Corp. · Ontario Hydro · Societe d'habitation du Quebec currency) AM AM AM AM AM AM AM AA (high) AA A A BBB BBB (high) A (high) BBB(high) A (low) A (low) AA (high) Authority - AA A(low) A A BBB - BBB - A (high) - L L 1 ... ~ ... L t -.. L L t ! .. i i.. L L ~ t '- L31 1 REVISED APPENDIX "An REPORT TR-76-98 DBRS Rating Schedule as of August 1, 1998 J 1 Schedule "A" Banks Schedule "B" Banks AA (high) . Union Bank of Switzerland (Canada) . . Deutsche Bank (Canada) . Credit Suisse First Boston (Canada) AA . National Trust Company . Chase Manhattan Bank of . Royal Bank of Canada Canada . Toronto Dominion Bank . Citibank Canada . Canadian Imperial Bank of Commerce . Bank of Montreal . Bank of Nova Scotia . Canada Trust Company . Montreal Trust Co. of Canada . Royal Trust Corp. of Canada AA (low) . Bank of A.-nerica (Canada) . Bank Nationale de Paris (Canada) A (high) . National Bank of Canada . Bank of Tokyo - Mitsubishi . Hongkong Bank of Canada . BT Eank of Canada . Industrial Bank of Japan (Canada) A . Fuji Bank Canada . Laurentian Bank of Canada J J J J J J l 'J J J J ] J 1312 , rJ J 1 1. l l ! 1.. I L. } J. I .. \ I '" L t 1., L I '- , l.. ! L. I 1- L L L I II. Cl!JJilJglOn REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, NOVEMBER 18,2002 Resolution #: Report #: FND-018-02 File #: By-law #: Subject: APPOINTMENT OF AUDITORS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to 'Council the following: 1. THAT Report FND-018 -01 be received; 2. THAT the firm of Deloitte and Touche be appointed as the Municipality's auditors for the 2002 year end audit; and 3. THAT the attached By-Law be executed by the Clerk and Mayor. ReVieWedby:d ~....:.. ~ Franklin Wu Chief Administrative Officer NT/LG/hjl 131 3 REPORT NO.: FND-018-02 PAGE 2 J 1 ] J J J 1 J J 1 J J 1 J ] J J J J Background and Comment: 1.0 The 2001 year end audit is substantially complete. Staff experienced delays due to the OPSEU strike for completing and filing the 2001 Financial Information Return (FIR) and the Municipal Performance Measures Program. 1.1 Once completed the 2001 financial statements will be distributed to Council for information as well as provided to homeowners, as required under the Municipal Act. 1.2 Once received, recommendations contained in the auditors' management letter will be be reviewed by staff and staff will report back on any changes. 2.0 In 1996, Report TR-44-96 recommended that the firm of Oeloitte and Touche be retained for a five (5) year period, which ended with the 2001 year end audit. Staff are recommending that Deloitte and Touche be appointed as the Municipality's Auditors for the 2002 year end audit only. 2.1 Staff are currently investigating the issuance of a Request for Proposal for 2003 onwards for the Municipality's annual audit and staff will report back the results, during 2003. 2.2 The Municipality, formerly has requested the opinion of the Ministry of Municipal Affairs and Housing, who had indicated that the cost of the audit services should not be the determining factor in a decision to change auditors. The Ministry indicated that other criteria, such as level of service available, reputation, timing and audit services, etc. should be considered. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1 3 1 4 L L L t L l ... L , L. l L ! 1- L L L L L 1 ... L L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- Being a by-law to appoint an Auditor for the Corporation of the Municipality of Clarington WHEREAS Section 86(1) ofthe Municipal Act R.S.O. 1990, C.M. 45 gives Council the authority to appoint "for a term of one year, auditors who are licensed under the Public Accountancy Act"; AND WHEREAS it is necessary to appoint an auditor for the Corporation of the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality ofClarington enacts as follows: 1. THAT Deloitte and Touche LLP is hereby appointed auditor for the Municipality of Clarington for a term of one year, for the fiscal year ending December 31, 2002, inclusive. By-Law read a first and second time this 25th day of November 2002. By-Law read a third time and finally passed this 25th day of November 2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 131 5 J l I I ] 1 J 'j J J 1 ) 1 ) J J 1 ~l ] l L L \ l , i ... L L L L L L L L , 1. L t I '- t L t .. L Cl!Jl.mgron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, NOVEMBER 18, 2002 Resolution #: Report #: FND-019-02 File #: By-law #: Subject: CASH ACTIVITY - THIRD QUARTER OF 2002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-019-02 be received; 2. THAT in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2002, as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the third quarter of the year be confirmed. Submitted by: Reviewed bY:O ~ -...: ~ Franklin Wu, Chief Administrative Officer. NT/LB/hjl -' 1 3 1 6 REPORT NO.: FND-019-02 PAGE 2 1 J ~ J ] J J ) J J J J J J J J J J J BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the third quarter of 2002, the cash investment position, the taxes receivable position and statistical information for the month ending September 30,2002 and the comparative information for the month ending September 30, 2001. The attached schedules for the development charges information is for.the months of July, August and September 2002. Attachments: Attachment A - Analysis of Revenue and Expenditures - Third Quarter of 2002 Attachment B - Continuity of Taxes Receivable - As at September 2002 Attachment C - Statistical Information - As at September 2002 Attachment D - Investments Outstanding - As at September 2002 Attachment E - Development Charges Information - July 2002 Attachment F - Development Charges Information - August 2002 Attachment G - Development Charges Information - September 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1 3 1 7 l L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON Analysis of Revenue and Expenditures for the Third Quarter of the Year 2002 PART "A" t i ... Third Quarter Third Quarter 2002 2001 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PURPOSES: GENERALfTAX PAYMENTS RECEIVED (NOTE B) 33.512,492 23,479.348 LINEAR PROPERTIES 1,636,310 1,672,946 PITS & QUARRIES. 2001 LICENSE FEES 188,966 166,972 PROVINCIAL GOVERNMENT - COMMUNITY REINVESTMENT FUNDIN( 29,000 29.000 LAND SOLD TO LESSMAN CREMATORIUM 0 54.000 DURHAM REGION -1999 PROVINCIAL OFFENCES 0 188,000 CANADIAN WASTE - RENT AND ROYALTIES 26,094 0 BOWMANVILLE HERITAGE BOOK SALES 0 808 ONTARIO POWER GENERATION.SPARKY 0 2,000 DEVELOPMENT CHARGES.TOWN 1,831.046 947,119 INTEREST 474,613 414.441 DEVELOPMENT CHARGES-SCHOOL BOARD 243,278 . 147,036 DEVELOPMENT CHARGES-REGION 1.934;503 853,465 39,876,302. 27.955,135 USE OF FUNDS: PAYROLL 4,202,852 3.752,746 REGION LEVY 16,065,654 0 SCHOOL BOARD LEVIES 5.010,456 10,955,746 GENERAL-INCLUDING CAPITAL EXP.** 12,008.243 8,447.297 37.287,,205 23,155,789 NET CASH PROVIDED (USED) 2,589,097 4,799,346 BANK NET CASH BANK BANK BALANCE PROVIDED BALANCE BALANCE FINANCIAL POSITION: JUNE 31, 2002 I (USED) SEP. 30., 2002 SEP. 30, 2001 GENERAL FUND 5,372,154 1,723,010 7,095,164 4,125,427 RESERVE FUND 2,178,978 (718,455) 1,460,523 1,861.101 MUNICIPAL BOND INVESTMENTS 2.287,111 31.136 2,318,247 2,194,753 HOST COMMUNITY FUND IN TRUST 10,000.000 0 10;OQO!()gQ 10.000,000 INVESTMENTS (GENERAL + RESERVE FUNDS) 56,214.732 1,553,406 57,768;138 55,472.115 TOTALS 76.052,975 2,589,097 78,642,072 73,653,396 \ 1. l. 1. L L L t ! .. L L L L , 1. , '- BANK BALANCES AS AT: JULY 31,2002 JULY 31, 2001 AUG. 31, 2002 AUG. 31,2001 GENERAL FUND 4,673.217 2.717,964 6.004,139 1.414,877 RESERVE FUND 2,534.215 494,041 1,831.864 1,014,184 MUNICIPAL BOND INVESTMENTS 2,297,704 2,174,133 2,308.238 2.184.658 \ 1. L NOTE A: Difference in comparison between years due to timing difference in receipt of funds. NOTE B: GeneralfTax Payments Received will be combined on a going forward basis effective Third Quarter 2002 L 131 8 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "B" Continuity of Taxes Receivable for the Third Quarter of the Year 2002 June 30, 2002 SEPTEMBER SEPTEMBER BEGINNING BALANCE INTEREST TAXES PAYMENTS 2002 2001 RECEIVABLE ADDED BILLED BALANCE IADJUST.*** Note 3 Note 2 CURRENT YEAR PRE-PAYMENTS (Note 4) (497,618) (497,618) (2,255,602) TAXES 1,930,149 27,845,048 29,775,197 (20,676,968) 9,098,229 (729,911) PENALTY AND INTEREST 81,767 179,370 261,137 (143,018) 1H~,11~ 80,924 FIRST PRIOR YEAR TAXES 2,614,618 2,614,618 (634,534) 1,980,084 3,346,911 PENALTY AND INTEREST 218,876 87,216 306,092 (105,107) 2QO,Q8!5 190,880 SECOND PRIOR YEAR TAXES 1,119,979 1,119,979 (222,399) 897,580 973,712 PENALTY AND INTEREST 182,985 38,277 221,262 (72,111 ) 149,151 156,727 THIRD & PRIOR YEARS TAXES 1,356,599 1,356,599 (215,418) 1,141,181 1,161,188 PENALTY AND INTEREST 578,317 47,262 625,579 (82,096) 543.483 447,353 TOTAL 8,083,290 352,125 27,845,048 36,280,463 (22,649,268) 13,631,195 3,372,182 *** Includes refunds, write-offs, 496's, etc. NOTE 1: Tax payments do not tie into Part A due to timing differences since Part A is on a cash basis (ie. difference due to outstanding deposits) NOTE 2: For information purposes only. True comparison to prior year not applicable due to changes in the tax legislation. NOTE 3: Residential final tax installment due date of September 19, 2002 vs. October 25, 2001 NOTE 4: Prepayments include preauthorized 1319 J J j J J J J J . . J J J J J J J J J J l t .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C" L STATISTICAL INFORMATION I I ... FOR THE MONTH OF SEPTEMBER YEAR TO DATE Tax Certificates 74 805 Number of Properties eligible for Tax Registration (see Note 1) 91 ** see Note 2 Accounts Payable Cheques Issued #49787 to #50326 540 5,387 Number of Births Registered 3 246 Number of Deaths Registered 42 309 \ L. L L L L L L L L L Note 1: Only includes those properties whose arrears are greater than $10,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. t L l \ '- L L 132D CORPORATION OFTHE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT SEPTEMBER 30, 2002 PART "D" J J J J J J J J j J J J J J J .I J J J FINANCIAL INVESTMENT INTERESl # OF DAYS MATURITY MATURITY INSTITUTION COST RATE 0/5 VALUE DATE GENERAL FUND TD 994,660.00 2.80% 68 1,000,000.00 Oct. 02102 MTL 1,987,520.00 2.83% 81 2,000,000.00 Oct. 28/02 TD 1,985,740.00 2.88% 91 2,000,000.00 Dec. 11/02 WOOD GUNDY 3,971,580.00 2.87% 91 4,000,000.00 Dec. 06/02 TOTAL GENERAL FUND 8,939,5QO.00 RESERVE FUND RBC 182,177.00 6.20% 1,095 218,206.00 Aug 1/03 RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 1/06 RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15/06 WOOD GUNDY 1,855,574.20 5.15% 1913 2,414,000.00 June 1/06 RBC · 295,000.00 8.50% 3285 295,000.00 May 26/04 RBC 774,999.81 5.25% 1249 922,509.00 Dee 15/02 RBC 287,862.47 5.40% 1319 347,702.00 Feb 23/03 RBC 771,999.33 5.40% 1596 970,580.00 Nov 27103 RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC · 1,114,680.00 4.90% 730 1,114,680.00 June 26/03 RBC · 500,000.00 6.50% 365 500,000.00 June 21/03 RBC 1,333,290.11 2.89% 92 1,343,000.00 Dec. 11/02 RBC · 475,000.00 8.58% 2761 475,000.00 Mar 17/03 RBC · 2,513,000.00 5.00% 365 2.513,000.00 May 9/03 WOOD GUNDY. 250,000.00 6.50% 1839 250,000.00 June 21/03 RBC · 500,000.00 5.00% 365 500,000.00 June 21/03 RBC 1,815,962.00 5.00% 1825 1,906,760.10 Feb. 7/07 RBC 601,664.00 5.30% 1461 739,720.00 Feb. 5/05 RBC · 1,482,702.57 5.50% 1825 1,487,000.00 Feb. 13/06 RBC · 1,400,000.00 3.50% 730 1,449,000.00 Nov. 28/03 TD 8,382,117.60 2.82% 74 8,430,000.00 Dec. 06/02 1321 L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING AS AT SEPTEMBER 30, 2002 PART "0" \ .. FINANCIAL INVESTMENT I NTERESl # OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE RESERVE FUND RBC 1,566,466.88 5.30% 1386 1,904,519.00 Nov. 15/04 RBC 933,400.00 5.20% 1827 1,202,670.00 Nov 12/02 RBC 58,479.40 5.95% 2032 80,639.00 Dee 15/02 RBC 25,125.57 5.95% 2025 34,613.00 Dee 15/02 RBC. 250,000.00 4.75% 1839 250,000.00 June 21/03 RBC · 250,000.00 5.25% 180 250,000.00 Jun 21/04 RBC 1,323,000.00 5.15% 730 1,457,284.50 May 1/03 RBC 81,049.00 2.25% 365 82,872.60 May 3/03 WOOD GUNDY · 638,000.00 5.40% 1598 638,000.00 June 1/05 RBC 945,210.00 5.60% 730 1,054,038.00 Dee.21/02 RBC 43,523.00 5.50% 1095 51,107.00 Dee.21/03 RBC 942,893.00 6.30% 1825 1,239,904.30 Oct 27/03 RBC 855,000.00 5.35% 1832 1,065,102.90 Mar 1/04 RBC 827,385.00 2.50% 369 848,069.63 Apr. 1/03 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC 548,000.00 5.40% 1507 548,000.00 Apr 7/03 RBC 534,978.37 5.20% 1729 679,942.00 Dee 1/03 TD 1,959,940.84 2.72% 70 1,970,166.00 Dec. 06/02 RBC 118,693.50 5.10% 1976 155,297.00 Oct. 15/04 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 2,600,996.71 3.10% 90 2,620,878.30 Dec. 02102 RBC. 2,000,000.00 3.75% 365 2,000,000.00 Jul. 23/03 RBC. 553,392.00 3.70% 732 553,392.00 Sept. 23/03 RBC 40,891.57 5.20% 482 43,171.00 Dee 15/02 TOTAL RESERVE FUND 48,828,638.13 TOTAL INVESTMENTS 57,768,138.13 ! 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