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Home My WebLink About09/09/2002 - ClfJriJJglOn - - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: SEPTEMBER 9, 2002 - TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS - 1. ROLL CALL - 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES - (a) Minutes of a Regular Meeting of June 24, 2002 301 - 4. DELEGATIONS (a) Gilbert Trolly, R.R. #3, Bancroft, KOL 1 CO - re: Report PSD-088-02 - (b) Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1 - re: Previous presentations on Courtice North - 5. PUBLIC MEETINGS - (a) Clarington Official Plan Amendment Applicant: Sealand Holdings Inc. REPORT PSD-080-02 501 - (a) Clarington Official Plan Amendment Applicant: Sylvan Developments Inc. and Bennett Developments Inc. - REPORT PSD-081-02 503 - (b) Clarington Zoning By-law Amendment Applicant: Wayne Allen REPORT PSD-082-02 505 - (c) Rezoning Application Applicant: The TDL Group Ltd. - REPORT PSD-083-02 507 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - .. G.P.& A. Agenda - 2 - September 9, 2002 - 6. PLANNING SERVICES DEPARTMENT .. (a) PSD-080-02 - Clarington Official Plan Amendment Applicant: Sealand Holdings Inc. (Great Lakes - College) Part 7, Concession 2, Former Township of Darlington 601 (b) PSD-081-02 - Application for Clarington Official Plan Amendment .. Applicant: Sylvan Estates Inc. and Bennett Development Inc. 622 .. (c) PSD-082-02 - Rezoning Application Applicant: Wayne Allen 637 .. (d) PSD-083-02 - Rezoning Application Applicant: The TDL Group Ont. (Tim Hortons) 647 - (e) PSD-085-02 - Monitoring of the Decisions of the Committee of Adjustment for the meetings of July 4, July 25 - and August 8, 2002 660 (f) PSD-086-02 - Application for Removal of Part Lot Control - Applicant: Eiram Development Corporation 691 (g) PSD-087-02 - Rezoning Application .. Applicant: Denise Gerrits 698 (h) PSD-088-02 - Rezoning Application - Applicant: Gilbert Trolly 69911 (i) PSD-089-02 - Application for Removal of Part Lot Control - Applicant: Stephen Pustil on behalf of Penwest Developments Corporation Limited 69919 - 7. ENGINEERING SERVICES DEPARTMENT (a) E G D-3 7 -02 Monthly Report on Building Permit Activity - - for April, 2002 701 (b) EGD-38-02 Monthly Report on Building Permit Activity - - for May, 2002 705 .. (c) EGD-39-02 - Monthly Report on Building Permit Activity for June, 2002 709 .. - - - G.P.& A. Agenda - 3 - September 9, 2002 - (d) EGD-40-02 - Monthly Report on Building Permit Activity for July, 2002 713 - (e) EGD-41-02 Old Scugog Road Storm Sewer Replacement - 40 Metres South of Mill Street to 50 Metres North of Mill Street, Hampton 717 - 8. OPERATIONS DEPARTMENT - No Reports 9. EMERGENCY SERVICES DEPARTMENT - (a) ESD-013 -02- Monfhly Response Report - June, 2002 901 - (b) ESD-014-02 - Municipal Operations Centre - Expansion 904 - (c) ESD-015-02 - Public Fire Safety Guideline on Staffing 907 (d) ESD-016-02 - Emergency Measures By-law 87-53 917 - (e) ESD-017 -02 - Monthly Response Report - July, 2002 920 - 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-12-02 - Naming of New Arena Facility at Prestonvale - Road, Courtice 1001 11. CLERK'S DEPARTMENT - (a) CLD-29-02 - Heritage Designation - 5311 Acres Road, Bowmanville 1101 - (b) CLD-30-02 - Parking Report for June, 2002 1105 - (c) CLD-32-02 Parking Report for July, 2002 1108 (d) CLD-33-02 - Animal Services Monthly Report for the Month of - June,2002 1111 - - - .. G.P.& A. Agenda - 4 - September 9, 2002 - (e) CLD-34-02 - Animal Services Monthly Report for the Month of July, 2002 1114 .... (f) CLD-35-02 - Municipal Law enforcement Division Staffing lIIIil Complement 1117 (g) CLD-36-02 - Amendment to Responsible Pet Ownership .... By-law #99-90 1121 (h) CLD-37-02 - Ontarians with Disabilities Act, 2001 1125 .. 12. CORPORATE SERVICES DEPARTMENT .. (a) COD-38-02 - Co-operative Agreement - Direct Purchase of Natural Gas 1201 - (b) COD-39-02 - Supplier Information Night 1212 (c) COD-40-02 - Tender Awards - Summer Council Break 1214 .. (d) COD-41-02 - Confidential Report - Personnel Matter (to be distributed under separate cover) .. 13. FINANCE DEPARTMENT .. (a) FND-012-02 - Annual Statement for the Development Charges Reserve Funds for the year ended December, 31, 2001 1301 .... 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .. No Reports 15. UNFINISHED BUSINESS .. 16. OTHER BUSINESS - (a) Enniskillen Community Barbeque and Street Dance - Request for 1601 Road Closure .. (b) Request approval of 2nd Annual Luke's Place Charity Baseball Tournament 1602 .- 17. ADJOURNMENT .. .. - - THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee June 17,2002 - - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 17, 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 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 Solicitor, D. Hefferon (10:10 a.m. until 12:02 p.m.) Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Tayler Deputy Clerk, M. P. Knight Stanley - - - Mayor Mutton chaired this portion of the meeting. - DISCLOSURE OF PECUNIARY INTEREST - Mayor Mutton indicated that he would be stating a disclosure of pecuniary interest with respect to Report PSD-066-02 and the delegations of (i) Tom Cowan and U) Dave Davidson. - MINUTES Resolution #GPA-270-02 .. Moved by Councillor Schell, seconded by Councillor Rowe .. THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on June 3, 2002 be approved. "CARRIED" - Councillor MacArthur advised that he attended the Canadian Band Festival in Orono during the weekend where some of the best bands in Canada gave spectacular performances - Councillor Pingle noted that she attended the Power Generation Ceremony during the course of which the Health and Safety Committee honoured hours of work without an accident. - 301 - G.P. & A. Minutes PRESENTATION - 2 - June 17, 2002 .. Councillor Rowe noted that she attended the Racing Against Drugs ceremony at the Garnet Rickard Complex during the course of which letters of appreciation and certificates were presented to the Municipality of Clarington and staff. .. .. Councillor Trim, as Deputy Mayor, represented the municipality at the Safety Village, The Forrestry Place celebrated its 25th Anniversary and the Municipality of Clarington's Supplier Information Night which was very well attended. .. .. (a) Mary Anne Pietrusiask, Epidemiologist, Durham Region Health Department, 1615 Dundas Street East, Suite 210, Whitby Mall, Whitby, L 1 N 2L 1 circulated a hard copy of her power point presentation which addressed the following: .. 1. The Health Effects of Pesticides Difficulty in drawing firm conclusions Possible health outcomes from pesticides Summary Where does that leave us? What causes cancer deaths? ; and General message - o less is better o avoid pesticides if you can o use alternatives if you can; and o if you do use pesticides, follow directions and use them responsibly. .. .. ... ... 2. Pesticide Attitudes and Use in Durham Region - Results from the Rapid Risk Factor Surveillance System (RRSSS) RRSSS pesticide module Lawn and garden status Use of pesticides among households with lawn care company in 2001 Information provided by lawn care company in 2001 Householder use of pesticides in 2001 Overall use of pesticides in 2001 Use of pesticides alternatives in 2001 Support for by-laws that ban pesticide use on municipal properties Support for by-laws that ban pesticide use on commercial and private properties Percent who strongly support by-laws that ban pesticide use; and Summary o more than half of respondents think pesticides have a negative effect on the environment and on human health o most people with a lawn or garden do not hire a lawn care company o lawn care companies tend to use pesticides - 88% of households in 2001 o most households hiring a lawn care company received information about types of pesticides used and precautions to take o in general, householder use of pesticides was not frequent in 2001 .. .. .. .. .. lIIIi .. .. 302 .. - G.P. & A. Minutes PRESENTATION CONT'D. - - - - - - - - - - 3 - June 17, 2002 o however, 71 % of households used pesticides themselves at least once on lawn, garden or hard services, or through a lawn care company o few households used pesticide alternatives; and o most people support by-laws that ban pesticide use, particularly on municipal properties 3. Durham Region Health Department Pesticide Survey response summary pesticide policies pesticides used as part of a pesticides program how frequently are herbicides generally applied at the following locations by the five municipalities? How frequently are herbicides, insecticides and fungicides generally applied? are alternatives to pesticides currently in use? stake holders' meeting summary; and future directions Summary o Health Department will coordinate collection of materials on pesticides from various sources o Health Department encourages all organizations to create policies/procedures/guidelines pertaining to pesticide use; and o Health Department plans to meet with interested stake holders to develop an information package on pesticides for the public in both pamphlet and web based format. - Resolution #GPA-271-02 Moved by Councillor Trim, seconded by Councillor Schell - THAT the order of the agenda be altered to allow for consideration of Confidential Report PSD-064-02 immediately after Report PSD-062-02. .. DELEGATIONS - (a) - - - - - "CARRIED" Robert Hann spoke on behalf of Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, L 1 G 352 provided a hard copy of his presentation wherein he noted that his company's preliminary review of Report PSD-063-02 leaves them to conclude that serious problems remain. He believes that the thrust of the report is to take away their present right to construct one hundred and fifty thousand square feet of retail space. He stated that "the roads which staff want through the site will be dangerous because Strathallen will be connected to Avondale, Granary Lane will be connected to Highway 2 and Caliche will be connected to Granary Lane. The blocks left will be too tiny to allow a main central area." He noted that he feels he is being treated as if he had no experience and no reason to do a good job. He stated that "it is a waste of very expensive consultants time as well as municipal staff time to continue to rehash respective positions therefore he will be referring this matter to the Ontario Municipal Board for a sober second opinion." 303 G.P. & A. Minutes DELEGATIONS CONT'D. - 4 - June 17,2002 Lyn 10wnsend, 177 Nonquon Road, 20th Floor, Oshawa, L 1 G 3S2 was called but was not present. (c) Bryce Jordan, 177 Nonquon Road, 20th Floor, Oshawa, L 1 G 3S2 was called but was not present. (b) (d) (e) Bruce Robella, 1626 King Street East, Courtice, L 1E 2R6 was called but was not present. Marcel Provenzano, 433 Fernhill Blvd. Oshawa, L 1J 5J6 circulated a copy of a letter written by Otto Provenzano, President, 988925 Ontario Inc. stating that Courtice would greatly benefit from extending the downtown core east to Trulls Road. With this in mind, he stated that he would be willing to share the cost of installing services (sewers, water, etc.) needed in relation to the frontage of 1413 King Street East, (north side). He stated that the development of commercial property on Highway 2 would encourage business to invest in the municipality and create a downtown core which would attract many future residents and businesses. (f) Derek Baird, 1603 Hwy. 2, Courtice, L 1 E 2K7 referred to a petition which he previously signed and was presented to Council and requested that the report be denied in its present form (g) Bryce Jordan, G.M. Sernas & Assoc. Ltd. 110 Scotia Court, Unit 41, Whitby, L 1 N 8Y7 appeared on behalf of Bonnydon Ltd., and advised that his client owns property south and east of the Valiant Property Management lands. He agrees with the proposed medium density in the south end and the freehold development which will be permitted. In his estimation, the road pattern is not appropriate and his client is looking for more flexibility. In the north area, medium density development would be preferred and he noted that his client owns a Y2 acre triangular parcel north of the Avondale exit and suggested that this parkette proposed for Trulls and Avondale could be moved to this location such that a parkette would be created in a residential area. (h) George Gouldburn, 1721 Hwy. 2, Courtice, L 1 E 2R5 advised that his house is located on a lot adjacent to and west of Roy Nichols Motors and that his property is the only lot still on septic tank. In his estimation, the proposal, as presented, will devalue his home and create two separately zoned unserviced lots. He referred to his previous letter to the municipality wherein he expressed his concerns. A medium density designation would be acceptable to him. He advised that the residents in the area are upset with this proposal which will create a disruption of the residents' lifestyle and will negatively impact on the residents' lives. He requested that sanitary sewers be installed along Highway 2 and that the entire area be designated "medium density". Mayor Mutton stated a pecuniary interest with respect to the delegations of Tom Cowan and Dave Davidson; vacated his chair and refrained from discussion and voting on the subject matter; Mayor Muttons' father is an employee of Cowan Buick-Pontiac Ltd. 304 .. .. ... .. .. .. ... ... .. ... ... ... .... ... ... III .. ... .. .. GP. & A. Minutes - DELEGATIONS CONT'D. - 5 - June 17, 2002 - (i) Councillor Trim chaired this portion of the meeting. - . . . - . - . . - . - U) - - T om Cowan, 166 King Street E., Box 398, Bowmanville, L 1 C 3Z2 made the following points with respect to Report PSD-066-02: The report indicates that agencies are not opposed to this proposal The residential strip along Church Street will be landscaped Vehicles from the Service Department are cleaned and stored in the compound; this method has been used since 1990 There are only three loudspeakers, one located east of the building (it points down so that it does not bother adjacent residents), there is another speaker located outside the service area and one in the body shop Employees use phones and pagers The area to the west of the building is used as a customer parking area only; and The company has been in its present location for thirty-three years, operates from 8:00 a.m. to 5:30 p.m. and employs sixty-two individuals. Dave Davidson (on behalf of the residents of Church Street) 55 Church Street, Bowmanville, L 1 C 1 S8 advised that his residence is located 365 feet away from Cowan Pontiac-Buick Ltd. and that he is very pleased with staff's recommendation to deny the application. HE suggested that the demolition of residential property for the creation of a parking lot is unwise and requested that the historical Bowmanville be preserved. He also advised that the residents' lives are disrupted by the sound of persons being paged over the loud speakers. (k) Mayor Mutton re-assumed the chair. - - - (I) - (m) - (n) - Padre David Saunders, c/o St. Georges Church, 250 Mill Street, Newcastle, L 1 B 1 H2 expressed support for the recommendations contained in Report PSD-070-02 and was present to answer questions from Members of the Committee. Mark L. Hendrikx, 37 King Street West, Newcastle, L 1 B 1 H2 accompanied Padre David Saunders during his delegation. David Ashcroft, 63 Cedarcrest Beach Road, Bowmanville, L 1 C 3K3 advised prior to the meeting that he would not be in attendance. Fred Archiblad, 6275 Liberty Street North, R.R. #5, Bowmanville, L 1 C 3K6 advised prior to the meeting that he would not be in attendance. Resolution #GPA-272-02 - Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the committee recess for ten minutes. - "CARRIED" The meeting reconvened at 11 :23 a.m. 305 - G.P. & A. Minutes PUBLIC MEETING - 6 - June 17, 2002 .. Councillor Schell chaired this portion of the meeting. ... ... Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following application: ... (a) Clarington Official Plan Amendment - Prestonvale Road Applicant: Municipality of Clarington .... The Planning Services Department sent public notice for the official plan amendment application by first class mail to all property owners fronting on Prestonvale Road between Bloor Street and Robert Adams Drive, as well as individuals who expressed an interest in the future planning of the road at the open house held in February, 2002 by the Engineering Services Department. Additionally, public notice for the official plan amendment application was placed in the local newspapers on Friday, May 24, 2002. The notice procedure followed is in compliance with the Ontario Regulations made under the Planning Act. ... IIlII (a) Report PSD-062-02 - Clarington Official Plan Amendment and Rezoning Applications - The purpose and effect of the application is to amend the designation of Prestonvale Road as shown on Map B2 within the Official Plan from a "Local Road" to a "Collector Road". ... .. No one spoke in opposition to this application. Heather Waters, 46 Robert Adams Drive, Courtice, L 1 E 1 V1 circulated a hard copy of her presentation wherein she noted that she and other concerned residents who live in the neighbourhood west of Prestonvale Road sometimes known as the Whitecliffe Neighbourhood are in support of this application. The residents believe that Council's decision to approve this proposal will have an important impact on the safety and the environment of their neighbourhood. In her estimation, if Prestonvale Road is classified as a local road, this would have the effect of forcing traffic down Robert Adams Drive and increasing volumes of traffic which are already beyond safe levels. She requested that the Committee approve the application. .. ... .. .... PLANNING SERVICES DEPARTMENT Clarington Official Plan Amendment Applicant: Mun. of Clarington COPA2002-007 Resolution #GPA-273-02 .. Moved by Councillor Rowe, seconded by Councillor Robinson ... THAT Report PSD-062-02 be received; THAT the Official Plan Amendment initiated by the Municipality of Clarington be referred back to staff for further processing and the preparation of a subsequent report; and ... THAT all interested parties listed in Report PSD-062-02 and any delegations be advised of Council's decision. ",j "CARRIED" ... 306 ... - G.P. & A. Minutes - 7 - June 17, 2002 - PLANNING SERVICES DEPARTMENT CONT'D. Resolution #GPA-274-02 - Confidential Report - Legal Matter - - - - - Courtice Hwy. 2 Corridor and Main Central Area Study COPA 2001-002 - - Rezoning Application Applicant: LDB Holding Ltd. ZBA2001/019 - ... - - - - - - Clarington Official Plan Amendment and Rezoning Appl. Applicant: Ganaraska Properties Ltd. - Moved by Mayor Mutton, seconded by Councillor Rowe THAT the meeting be "closed" for consideration of Confidential Report PSD-064-02 pertaining to a legal matter. "CARRIED" Resolution #GPA-275-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT the actions taken at the "closed" meeting be ratified. "CARRIED" Resolution #GPA-276-02 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-063-02 be received and referred back to staff for consideration of the additional comments made by the residents and report back in the Fall. "CARRIED" Resolution #GPA-277-02 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-065-02 be received and tabled until consideration of Report PSD-063-02 has taken place in the Fall. "CARRIED" Resolution #GPA-278-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT the committee recess for lunch until 1 :05 p.m. "CARRIED" The meeting reconvened at 1 :05 p.m. Councillor Schell chaired this portion of the meeting. Mayor Mutton stated a pecuniary interest with respect to Report PSD-066-02; vacated his chair and refrained from discussion and voting on the subject matter; Mayor Muttons' father is an employee of Cowan Buick-Pontiac Ltd. Resolution #GPA-279-02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report PSD-066-02 be received: 307 G.P. & A. Minutes - 8 - June 17, 2002 .. PLANNING SERVICES DEPARTMENT CONT'D .... THAT Amendment No. 28 to the Clarington Official Plan to permit a parking lot in association with an existing motor vehicle sales establishment be adopted, and that the necessary by-law be passed; IIIIiIi THAT the rezoning application to permit a parking lot In association with an existing motor vehicle sales establishment be approved, and that the necessary by-law be passed; .. THAT a copy of Report PSD-066-02 be forwarded to the Region of Durham; and IIIIiIi THAT all interested parties listed in Report PSD-066-02 and any delegation be advised of Council's decision. ... "CARRIED" Removal of Holding Applicant: Tunney Planning Inc. ZBA2002/015 Resolution #GPA-280-02 III Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report PSD-067-02 be received; .. THAT the by-law attached to Report PSD-067-02 to remove the Holding (H) symbol be approved and forwarded to the Regional Municipality of Durham; and .. THAT all interested parties listed in Report PSD-067 -02 and any delegations be advised of Council's decision. .. "CARRIED" .... Rezoning Appl. Applicant: Orchard Park Estates (Bowmanville) Inc. Resolution #GPA-281-02 Moved by Councillor Rowe, seconded by Councillor Robinson .... THAT Report PSD-068-02 be received; THAT the rezoning application submitted by Orchard Park Estates (Bowmanville) Inc. be approved as contained in Attachment 2 to Report PSD-068-02; and ... THAT all interested parties listed in Report PSD-068-02 and any delegations be advised of Council's decision. ... "CARRIED" .. Monitoring the Resolution #GPA-282-02 Decisions of the Committee of Moved by Councillor MacArthur, seconded by Councillor Trim Adjustment for the Meeting June 6,2002 THAT Report PSD-069-02 be received; and III III .. 308 ... - G.P. & A. Minutes - 9 - June 17, 2002 - PLANNING SERVICES DEPARTMENT CONT'D. - .. ... Alteration to Designated Heritage Buildings PLN 34.5.2.29 - - - - - Proposed Heritage Designation RE 34.5.2.63 - - - - - - Removal of Holding Symbol Applicant: George Smith - - - THAT Council concur with decisions of the Committee of Adjustment made on June 6,2002 for Applications A2002/006, A2002/024. A2002/027, A2002/029 and A2002/030 and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment "CARRIED" Resolution #GPA-283-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report PSD-070-02 be received; THAT as the Local Architectural Conservation Advisory Committee has no objection to the application for alteration to construct an addition between St. George's Anglican Church and the Parish Hall, permission be granted in accordance with Section 33 (4) of the Ontario Heritage Act, R.S.O. 1999 for the joining addition as requested; and THAT the Local Architectural Conservation Advisory Committee. the Wardens of St. George's Anglican Church and the Ontario Heritage Foundation be advised of Council's decision. "CARRIED" Resolution #GPA-284-02 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-071-02 be received; THAT the request of the Local Architectural Conservation Advisory Committee to designate 5311 Acres Road, Part Lot 4, Concession 5, former Township of Darlington as a historical structure be approved; THAT the Clerk prepare the required notice of intent pursuant to the provisions of the Ontario Heritage Act and report back to Council following the prescribed notification period; and THAT all interested parties listed in Report PSD-071-02 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-285-02 Moved by Councillor Pingle, seconded by Councillor Trim THAT Report PSD-072-02 be received; THAT the application submitted by George Smith on behalf of 2001544 Ontario Limited to remove the Holding (H) symbol for Phase II of the Robinson Ridge subdivision be approved; 309 G.P. & A. Minutes - 10 - June 17,2002 .. PLANNING SERVICES DEPARTMENT CONT'D. Removal of Part Lot Control Applicant: 1441660 Ontario Inc. ZBA2001-023 .... THAT the by-law attached to Report PSD-072-02 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-072-02 and any delegations be advised of Council's decision. .. "CARRIED" Resolution #GPA-286-02 .... Moved by Mayor Mutton, seconded by Councillor Pingle THAT Report PSD-073-02 be received and referred back to staff; and .. THAT staff be directed to report back to Council on June 24, 2002 regarding the possibility of including lots 9 to 44 on Plan 40M-1994 within the proposed part lot control by-law. .. "CARRIED" .. Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Clarington Transit Bowmanville Bus Loop Update .. Resolution #GPA-287-02 Moved by Mayor Mutton, seconded by Councillor Schell .. THAT Report EGD-32-02 be received; THAT the Purchasing By-law 94-129 be waived and approval granted to lease a transit bus to provide additional capacity to the transit service in the Bowmanville urban area; - .. THAT a by-law be passed to authorize the Mayor and Clerk to execute an agreement on behalf of the Municipality of Clarington with S-N Diesel for the purpose of leasing a transit bus; .. THAT a by-law be passed to approve the transit fare structure to commence on September 3, 2002 as detailed in Report EGD-32-02; .. THAT the costs for the lease of the transit bus and its operations be financed from the redirected GO Transit capital allocation from the Region of Durham; and ... THAT the by-laws attached to Report EGD-32-02 be approved. "CARRIED" .. Schickedanz North Resolution #GPA-288-02 Subdivision, Phase 1 'Certificate of Moved by Councillor Schell, seconded by Councillor Robinson Acceptance' .. THAT Report EGD-33-02 be received; and .. 310 ... - G.P. & A. Minutes - 11 - June 17,2002 - ENGINEERING SERVICES DEPARTMENT CONT'D. - - River Valley Estates Subdivision, Phase 4 Plan 40M-1691 'Certificate of AcceptancE' - - - - Willowbrook Subdivision Plan 40M-1676 'Certificate of Acceptance' - - - THAT the Director of E.ngineering Services be authorized to issue a 'Certificate of Acceptance' for the Stormwater Detention Facility and Appurtenances constructed within Plan 10M-829 and THAT Report EGD-34-02 be received; THAT the Director of Engineering Services be authOrized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include roads and other related Works constructed within Plan 40M-1691; and THAT Council approve the by-laws attached to Report EGD-34-02, assuming certain streets within Plan 40M-1691, and within adjacent Plan 10M-798, as public highway. and THAT Report EGD-35-02 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include roads and other related Works, constructed within Plan 40M-1676 and Bradshaw Street; and THAT Council approve the by-law attached to Report EGD-35-02, assuming certain streets within Plan 40M-1676 as public highways. "CARRIED" Councillor Trim chaired this portion of the meeting. - OPERATIONS DEPARTMENT Resolution #GPA-289-02 Courtice Memorial Park - - - - Pesticide Use - - - Moved by Councillor Schell, seconded by Councillor Robinson THAT Report OPD-011-02 be received; THAT the funds for the Municipality's contribution for 2002 of approximately $900.00 be derived from Account 7007-00000-0252, Unclassified Administration Taxes Written Off; and THAT both Church Organizations be advised of Council's decision. "CARRIED" Resolution #GPA-290-02 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report OPD-012-02 be received for information; THAT Mrs. Eyre, Mr. & Mrs. Olenick, My Home - Our Environment and the Integrated Pest Management Council of Ontario be advised of Council's decision, 3 1 1 G.P. & A. Minutes - 12 - June 17.2002 .. OPERATIONS DEPARTMENT CONT'D .. THAT a Volunteer Pesticide Use Committee be established to work in partnership with the Municipality; .. THAT a copy of Report OPD-012-02 be forwarded to Alex Shepherd, MP and John O'T oole, MPP; and THAT the Municipality investigates the Implementation of an Integrated Pest Management Program. ... "CARRIED" .. Councillor Robinson chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT .... Monthly Response Report, May, 2002 Resolution #GPA-291-02 .. Moved by Councillor Pingle, seconded by Councillor Rowe THAT Report ESD-010-02 be received for information. .. "CARRIED" Bill 148 - Amendments Resolution #GPA-292-02 To emergency Plans Act Moved by Mayor Mutton, seconded by Councillor Trim ... THAT Report ESD-011-02 be received; ... THAT the Director of Emergency Services be identified as the Emergency Planning Co-ordinator for the Municipality of Clarington; and .. THAT the following Resolution attached to Report ESD-011-02 be adopted by Council; .. WHEREAS all Municipalities in Ontario are facing mandatory requirements to develop and implement an Emergency Management Program consisting of an emergency plan, training programs and exercises for employees and others involved in emergency response, public education and other elements prescribed by regulation; ... .... AND WHEREAS the Municipality of Clarington has extraordinary emergency planning needs as host Municipality for the Darlington Generation Station; - THEREFORE BE IT RESOLVED that the Federal and Provincial governments be requested to provide funding for the Municipality of Clarington and other host nuclear communities facing distinctive financial needs, to assist in the requirements for emergency planning and preparation; .. ... THAT the Council resolution be circulated to the City of Pickering and the Municipality of Kincardine for their endorsement; and 312 ... .. - G.P. & A. Minutes - 13 - June 17, 2002 .. EMERGENCY SERVICES DEPARTMENT CONT'D. .. .. Automatic Aid Agreement - Highway 401 - - - THAT the Council resolution be circulated to all local Federal and Provincial Members of Parliament and all members of the Canadian Nuclear Host Communities Association. "CARRIED" Resolution #GPA-293-02 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report ESD-012-02 be received; and THAT the Automatic Aid Agreement between the City of Oshawa and the Municipality of Clarington be approved. COMMUNITY SERVICES DEPARTMENT "CARRIED" - .. CLERK'S DEPARTMENT .. Parking Report For month of April,2002 .. .. .. Cedarcrest Beach Road Parking .. .. .. - .. .. There were no items considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. Resolution #GPA-294-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-24-02 be received; and THAT a copy of Report CLD-24-02 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Resolution #GPA-295-02 Moved by Councillor Rowe, seconded by Councillor Trim THAT Report CLD-25-02 be received; THAT staff be authorized to proceed with moving Cedarcrest Beach Road in the area of 67 to 75 Cedarcrest Beach Road north from its present location; THAT the cost (estimated at approximately $10,000.00) be obtained from the Loosetop Maintenance Account No. 7209-00411-X; THAT the residents of Cedarcrest Beach Road be allowed to purchase two annual parking passes at the cost of one monthly pass to park up to two of their private motor vehicles on the north side of the road; and THAT the residents of Cedarcrest Beach Road be advised of Council's decision. 3 1 fARRIED" G.P. & A. Minutes - 14 - June 17, 2002 .. CLERK'S DEPARTMENT CONT'D. Parking Report For the month of May, 2002 Animal Services Report for month May, 2002 Half-Masting of Flags .. Resolution #GPA-296-02 Moved by Councillor MacArthur, seconded by Councillor Rowe .. THAT Report CLD-26-02 be received; and THAT a copy of Report CLD-26-02 be forwarded to the Bowmanville Business Centre for their information. .. "CARRIED" .. Resolution #GPA-297-02 Moved by Councillor Schell, seconded by Councillor Robinson .. THAT Report CLD-27-02 be received for information; and THAT a copy of Report CLD-27-02 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. ... "CARRIED" .... Resolution #GPA-298-02 Moved by Councillor MacArthur, seconded by Councillor Trim .. THAT Report CLD-28-02 be received; - THAT the flags at municipal facilities be lowered to half mast as a sign of mourning in the following instances: On the death of, up to and including the day of the funeral for the following: - . Reigning Monarch or a member of the immediate Royal Family (spouse, son or daughter, father, mother, brother or sister of the Reigning Monarch) The present or a former Governor General The present or a former Prime Minister The Lieutenant Governor The Premier Current Durham Member of Parliament and Member of Provincial Parliament, current or former Mayor Current Member of Council Any other person whom it is desired to so honour Any day declared as a day of mourning by the Federal or Provincial Governments On the day of the funeral only for a current member of full-time staff, or any other person whom it is desired to so honour; and .. .. . .. . . . . .. . . .. . . THAT a copy of the policy be forwarded to the various community hall boards for their information and implementation, if desired. .. "CARRIED" 31 4 .. .. - G.P. & A. Minutes - - 15 - June 17, 2002 Mayor Mutton chaired this portion of the meeting. - CORPORATE SERVICES DEPARTMENT Resolution #GPA-299-02 VIP Area - American Le Mans Series - - - - - Tender CL2002-20, Driveway Paving - - - - - - - Lease Agreement Courtice Community Complex - Clarington Kids Inc. - - - - Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-29-02 be received; THAT the Communications and Tourism Division be authOrized to pursue additional sponsorships for the VIP Hospitality Entertainment area similar to the Back Yard Festival; and THAT Council approve the maximum expenditure of $15,000.00 (Account #771 0-X-0228) in seed money to be replenished as sponsorships come in. "CARRIED" Resolution #GPA-300-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT Report COD-30-02 be received; THAT Tri-Son Contracting Inc., Port Perry, Ontario, with a total bid amount in the amount of $58,850.00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2002-20, be awarded the contract for Driveway Paving; and THAT the funds expended be provided from the 2002 Operations Budget. "CARRIED" Resolution #GPA-301-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Reports COD-31-02 and COD-32-02 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Resolution #GPA-302-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report COD-33-02 be received; THAT a monthly fee of $6,532.44 for the period July 15, 2002 to July 14, 2003 and $6,653.38 for the period July 15, 2003 to July 14, 2004, and $6,77 4.19 for the period July 15, 2004 to July 14, 2005 and $6,895.17 for the period July 15, 2005 to July 14, 2006 be approved; and 315 GP. & A. Minutes - 16 - June 17,2002 .. CORPORATE SERVICES DEPARTMENT CONT'D. Lease Agreement Bethesda House of Mercy FINANCE DEPARTMENT ... THAT the By-law marked Schedule "A" attached to Report COD-33-02, authorizing the Mayor and Clerk to execute the lease agreement with Clarington Kids Inc. (Janice and Randy Brown) be forwarded to Council for approval. ... "CARRIED" Resolution #GPA-303-02 ... Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-34-02 be referred to the end of the agenda. ... "CARRIED" ... There were no items considered under this section of the agenda. .. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Election of Regional Chair Resolution #GPA-304-02 .. Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report ADM-06-02 be received; .. THAT as soon as is reasonably practicable after the Municipal Act, 2001 ("New Act") comes into force on January 1, 2003, Regional Council pass a resolution under subsection 218(7) requesting that the Lieutenant Governor-in-Council pass a regulation under subsection 218(6) authorizing the Region of Durham to exercise power under index section 218 of the New Act by by-law to: .. - (a) change the composition of the Regional Council by requiring that the Regional Chair as head be appointed by the members of the Regional Council from the members who either are elected Regional Councillors or elected as the mayors of the lower-tier municipalities within the Region of Durham; .. .... (b) require that the Regional Chair on his or her appointment as such is no longer entitled to hold office either on the Council of a lower-tier municipality or on the Regional Council; and ... (c) require the appointment of the Regional Chair to be by secret ballot of the members of the Regional Council with the votes weighted either by the assessment in or by the population of each of the lower- tier municipalities; ... and forward the resolution of Regional Council to the Minister of Municipal Affairs and Housing; .. THAT forthwith after the regulation referred to in Recommendation 1 is passed, Regional Council pass the necessary by-law to give effect to the changes referred to in the regulation; .. 316 .. .. - G.P. & A. Minutes - 17 - June 17, 2002 - CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT CONT'D. - - - - - - - - THAT Regional Council recommend to its successor whose members will take office on December 1, 2003, that at their first meeting they appoint as Regional Chair for the term of the successor Regional Council, one of their number who is elected as a Regional Councillor or as a Mayor of a lower-tier municipality in the Region of Durham; and THAT a by-law be passed by Regional Council pursuant to subsection 233(f) of the Municipal Act, 2001 to provide for the appointment of the Regional Chair by secret ballot, FORTHWITH. "CARRIED LATER IN THE MEETING" (SEE FOLLOWING MOTION) Resolution #GPA-305-02 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the foregoing Resolution #GPA-304-02 be amended by adding the following wording thereto: "THAT staff investigate the feasibility of having the vacant seat left by the Regional Chairman filled by his/her runner up of the election at the local municipality rather than the local municipality having to hold a by-election." "MOTION LOST' The foregoing Resolution #GPA-304-02 was then put to a vote and CARRIED. - UNFINISHED BUSINESS Resolution #GPA-306-02 Presentation on Pesticides - - - Appointment of Town Crier - - - - - Moved by Councillor Schell, seconded by Councillor Trim THAT Mary Anne Pietrusiask be thanked for her informative presentation on pesticides and that she be forwarded a copy of Report OPD-12-02. "CARRIED" Resolution #GPA-307-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT staff review, solicit input from the B.I.A.'s, and report on the appointment of an official Town Crier for the Municipality of Clarington. "CARRIED" 317 G.P. & A. Minutes - 18 - June 17, 2002 UNFINISHED BUSINESS CONT'D. Courtice Secondary School 1 eam Electric Car Program Lease Agreement Bethesda House of Mercy OTHER BUSINESS Resolution #GPA-308-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT Council endorse some level of sponsorship for the Courtice Secondary School Team Electric Car Program and that the Corporate Services Department prepare a Report for submission to Council on June 24, 2002 "CARRIED" Resolution #GPA-309-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the committee recess for 5 minutes and reconvene at a "closed" meeting for consideration of Confidential Reports COD-31-02 and COD-32-02 pertaining to personnel matters. "CARRIED" Resolution #GPA-310-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the actions taken at the "closed" meeting be ratified. "CARRIED" Resolution #GPA-311-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Report COD-34-02 be received; and THAT the By-law marked Schedule "A" attached to Report COD-34-02, authorizing the Mayor and the Clerk to execute a lease agreement with Bethesda House of Mercy be forwarded to Council for approval. "CARRIED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-312-02 Moved by Councillor Pingle, seconded by Councillor Schell THAT the foregoing Resolution #GPA-311-02 be amended by adding the following wording thereto: "THAT the terms of the lease be for one year with option to renew for three concurrent years". The foregoing Resolution #GPA-311-02 was then put to a vote and CARRIED AS AMENDED. There were no items considered under thiS section of the agenda. ... ... .... .. ... ... ... ... .. .. .... .. .. ... ... .. .. ... 318 .... - G.P. & A. Minutes .. ADJOURNMENT .. - - - - .. - - - .. - .. .. - - - - - 19 - June 17, 2002 Resolution #GPA-313-02 Moved by Councillor Robinson, seconded by Councillor Rowe THAT the meeting adjourn at 2:33 p.m "CARRIED" MAYOR DEPUTY CLERK 319 - - - - - - - - - - - - - - - - - - - PUBLIC MEETING REPORT # PSD-080-02 SEALAND HOLDINGS INC. ( GREAT LAKES COLLEGE) ClfJ!1l!gron CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING Development Application by: SEALAND HOLDINGS INC. AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File No.: COPA2002-008 The proposed Official Plan amendment submitted by Sealand Holdings Inc., would remove the "Future Urban Residential" and .Community Par1<" designations and replace it with .Urban Residential" designation. The application also proposes to expand the Apple Blossom Neighbourhood Planning Unit to indude the subject lands, to increase the population target from 4,800 persons to 5,750 persons, and increase the housing target from 1,250 low density housing units to 1,550 units. The subject property is located in Part lot 7, Concession 2, fonner Township of Darlington, more specifically at the northwest comer of lambs Road and Concession Street (See key map on reverse side). PUBLIC MEETING The Municipa!ity of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional infonnation relative to the proposed Amendment The public meeting WIll be held on: DATE: TIME: PLACE: Monday, September 9, 2002 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance st., Bowmanville, Ontario ANY PERSON may attend the pubflC 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. COMMENTS OR QUESTIONS? If. you wish to make a written submission or if you wish to be notified of subsequent meetings or .the adoption of the proposed amendment, you must submit a written request to the Director of Planning Services at the address shown below. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is detennined during the review process that the Amendment is exempt from Regional approvaL For an exempt Amendment, the decision to adopt. by Clarington Council becomes final, subject to any appeal during the staMory appeal period. Additional infonnation 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 Cynthia Strike at (90S) 623-3379, extension 219 or by e-mail atcstrike@municipalitv.darinQton.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 am~ndment is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. e Municipality of Clarington this 9#1 day of August, 2002. 40 Temperance Street Bowmanville, Ontario L 1C 3A6 David . rome, M.C.I.P., R.P.P. Director Of Planning Services Municipality of Clarington 501 ... ... 402.86 ... J +1 .. . N r--- ... <D 0 <( N 0 .q- n::: ... ) . : : (f) ... m ~ :s ... tt) ll) .. .q- .q- 0 ..- .. ... j .q- .q- . 0') N .q- ... ... 402.95 ... " 11I111I11111111II,nl I I .. ... COP A 2002-008 Clarington Official Plan Amendment .. .. Owner: Sea Land Holding Corp. .. 5~2 .. - - - - - - - - - .. - - - - - - - - - C!fJ!.mgton PUBLIC MEETING REPORT # PSD-081-02 CORPORATION OF THE SYLVAN ESTATES INC/ MUNICIPALITY OF CLARINGTON BENNETT DEVELOPMENT INC. NOTICE OF PUBLIC MEETING Development Application by: Sylvan Developments Inc. and Bennett Developments Inc. AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment under Section 17 of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File No.: COPA 2002-006 Related Files: ZBA 2002-002, SC-2002-02 The proposed Official Plan amendment submitted by Sylvan Developments Inc. and Bennett Developments Inc. would adjust the road pattern, distribution of land uses and housing targets within the Port Darlington Neighbourhood Secondary Plan to permit the development of 699 housing units within a proposed plan of subdivision. The proposed plan consists of 143 single detached dwellings, 110 semi-detached/link lots (220 units), 78 on-street townhouses, 38 block townhouses, 210 apartment units, park blocks, a school block and open space blocks. The subject property is located in Part Lots 5, 6, 7, & 8, Broken Front Concession, Former Township of Darlington. 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: DATE: TIME: PLACE: September 9, 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. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed amendment, you must submit a written request to the Director of Planning Services at the address shown below. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt 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 L 1C 3A6, or by calling Carlo Pellarin at (905) 623-3379, extension 220 or bye-mail atcpellarin@municipality.clarington.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. Municipality of Clarington this 29th day of July, 2002. David Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanvllle, Ontario L 1C 3AG 503 " v ~.. v ... Lot 8 Lot 7 Lot 6 Lot 5 -- ... ... ---- J .. ... ... ---I (.~ T B --- zr8 ~ 1: m e L1. c: Q) .::.:. e co ... ... ... .... ... Lake Ontario ... ... ... Bowmanvllle Key Map u ... COPA 2002-006 Official Plan Amendment .. Sylvan Estates Inc. Bennett Development Inc. .. ~/-. ~: < III 504 lIlIII - - - PUBLIC MEETING REPORT # PSD-082-02 WAYNE ALLEN Cl!1!i!Jgton CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING _ AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW Development Application by: WAYNE ALLEN - - - - - - - - - - - - - - - TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File No.: DEV 86-060 The proposed Zoning By-law amendment submitted by Wayne Allen, would change the zone category of a 1088 m2 parcel from Urban Residential Type One (R1) to an appropriate commercial zone to permit the continuation of an existing motor vehicle repair garage and automobile glass replacement establishment. Council approved this application in 1986 subject to site plan approval. A site plan application (SPA 2002-027) was received in June 2002. The subject property is located at 12 Temperance Street in Bowmanville, in Part Lot 12, Concession 1 of the fonner Town of Bowmanville. 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 infonnation relative to the proposed Amendment. The public meeting will be held on: Monday, September 9, 2002 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Tempe.rance 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: COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed amendment, you must submit a written request to the Director of Planning Services at the address shown below. 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 L 1C 3A6, or by calling Allison Ruddock at (905) 623-3379, extension 326 or by e-mail ataruddock@municioalitv.darinaton.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 Claring~on this 29 day of July, 2002. 40 Temperance Street Bowmanville, Ontario L 1C 3A6 Dav " Crome, M.C.I.P", R.P.P. Director of Planning Services Municipality of Clarington ., 505 ... ... .. .. .. .. .. B ~~ GJ & #" ~ ~ ~ .. .. ... - OVe ~1-' ~ ~ I?~~ ... .. ... ... DEV.86-o60 Zoning By-law Amendment ... .. Owner: Wayne Allan . - -.-... ......,. "." ..5.06 .. .. - - - - - - - - - - - - - - - - - - ... PUBLIC MEETING REPORT # PSD-083-02 THE TDL GROUP LTD. (TIM HORTONS) CI!J!;!.QgWn CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING Development Application by: THE TDL GROUP LTD. (TIM HORTON'S) AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS Planning File No.: ZBA 2000-022 The proposed Zoning By-law amendment submitted by the TDL Group Ltd. (Tim Horton's), would change the zone category of a 0.534 ha (1.32 acre) property from "Special Purpose Commercial Exception (C5-1) Zone" to an appropriate zone in order to pennit the development of one (1) restaurant. The subject property is located in Part Lot 33, Concession 2, former Township of Darlington, 1502 Highway 2/King Street, Courtice (as shown on the reverse) The lands in question are also subject to a related Site Plan Approval (SPA 2000-018). 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, September 9, 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: COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed 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 L 1 C 3A6, or by calling Bob Russell at (905) 623-3379, extension 341 or bye-mail atbrussell@municipalitv.c1arinQton.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. Municipality of Clarington this 9th day of August, 2002. 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 507 Dav J. Crome, M.C.I.P., R.P.P. Director of Planning Services Municlpality of Clarington w > ~'a: )0 ;0' ~ ~ .. I ~ I ;h~; ;i ' i~R~I~ 1 ..., I t I ;.&, ~ I >QJ I v....J w ~iL: r:w' f:.a: ...- Z ;::W 1<=0 -.l ',--- . '- .~: .... . ........ -. -"- ......:~;.-..~- . . ""'n--ii'r?-...--... . . ...... ..::.~..:~-:~~;';;...;;;_____ Ii'GliW ,~.:.~~--=-..~.:.:...~~ . . . . __._.__ A Y 'No. 2 -'-'~_____---........_.____ --...---------.----_1._. "0.; .-..-.~ --.:-- -- ..---..- --------------. '..~ _....-.~.~.:.-.. J Courtice Key Map ~ The TDL Group Ltd. (Tim Horton's) ZBA 2000-022 Zoning By-law Application 508 - IIIIIll - IIIIIll .. .. IIIIIll .. .. IIIIIll .. .. IIIIIll IIIIIll - .. ... .. .. - - CI!J!.mgron REPORT PLANNING SERVICES PUBLIC MEETING - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, September 9, 2002 - Report #: PSD-080-02 File #: COPA 2002-008 By-law #: - Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICANT: SEALAND HOLDINGS INC. (GREAT LAKES COLLEGE) PART 7, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-080-02 be received; - 2. THAT the application to amend the Clarington Official Plan by Sealand Holdings Inc. be referred back for further processing and the preparation of a subsequent report; - 3. THAT the Clarington LACAC be requested to review the architectural and historical significance of the existing buildings at Great Lakes College and report back to Council; and - 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. - Submitted by: Reviewed bYcJ ~.....:.. ~ Franklin Wu Chief Administrative Officer - - Davi Crome, M.C.I.P.,R.P.P. Director, Planning Services - CS*DC*df 28 August 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 60] - REPORT NO.: PSO-080-02 PAGE 2 ... 1.0 APPLICATION OET AILS ... 1.1 Applicant: Sealand Holdings Inc. ... 1 .2 Agent: N. Barry Lyon Consultants 1.3 Official Plan Amendment: .... To delete the Community Park designation from the north-west corner of Lambs Road and Concession Street and the Future Urban Residential designation and replace these designations with Urban Residential. To expand the Apple Blossom Neighbourhood Planning Unit to include these lands and increase the population target for the neighbourhood from 4800 to 5750. To amend Table 9-2 to allocate 300 low density units and change the corresponding totals. (Attachment 1) ... ... .. .... ... 1.4 Site Area: 42 hectares (105 acres) ... 2.0 LOCATION 2.1 The subject area to the application is located at 2020 Lambs Road, more specifically, at the northwest corner of Lambs Road and Concession Street, in Bowmanville. (Attachment 2) - ... 3.0 BACKGROUND - 3.1 The application for Official Plan Amendment was submitted on June 4, 2002 and was reviewed for its completeness prior to processing. The proposed amendment was not submitted until June 25, 2002 at which time the application was deemed complete and was circulated for comment. A document entitled "Planning and Servicing Rationale Report" was also submitted to support the proposed amendment. - ... ... .. .. 602 ... - - - .. - - - - - - - - - - - - - - - REPORT NO.: PSD-080-02 PAGE 3 4.0 SITE CHARACTERISTICS AND SURROUNDING USE 4.1 The entire property owned by Sealand Holdings Inc., covers a total of 42 hectares (105 hectares) and has frontage on both Concession Street and Lambs Road. The Soper Creek is located on the west portion of the site. The central part of the site is occupied by Great Lakes College, which uses the institutional buildings for classroom and residence for its students. The land to the south is relatively flat and is leased and maintained by the Municipality for use by local soccer clubs. The lands north of the buildings are gently rolling with mature trees. A tributary of the Soper Creek bisects this portion of the site in an east-west direction. 4.2 Surrounding Uses North - St. Lawrence and Hudson Railway South - Agricultural and Soper Creek East - Agricultural and Cochrane Tire West - Urban Residential and Soper Creek and associated floodplain lands. 5.0 BACKGROUND REPORT 5.1 The consulting firm of N. Barry Lyon, Consultants Limited submitted a document entitled "The Great Lakes College - Planning and Servicing Rational Report" to support the Official Plan Amendment application. A Phase 1 Environment Assessment is also included in the document. The following is a summary of the report. 5.2 The Great Lakes College has two campus locations, one in downtown Toronto, the other in the Bowmanville. The College intends to consolidate the two campuses and expand the Bowmanville campus to accommodate an additional 200 students. New buildings for classrooms and residence for students and staff will be required over the next 20 years. Conference and retreat facilities, recreational facilities, an auditorium and meeting centres are also contemplated. 603 REPORT NO.: PSD-080-02 PAGE 4 The vacant lands to the north and south of the campus building will not be required for the college's purposes. These lands are proposed for low density residential development and are subject of the Official Plan Amendment. The two residential enclaves will have separate entrances from Lambs Road, however, will be connected by a pedestrian trail system through Soper Creek valley. . The Report notes that the market for new and resale homes in Bowmanville has been steady, likely due to its proximity to Toronto and the surrounding natural areas. The prospect of ITER and Highway 407 will have a greater demand on more and higher value homes in this area, resulting in greater pressure for the development in Bowmanville. The report notes that the college is a logical place for development. At the present time, the school is serviced with private services. It will be decommissioned and sanitary sewer system will be installed. Sanitary sewer must be extended through the Soper Creek valley from a connection on Barley Mill Crescent. The site is currently serviced by municipal water. Additional supply is proposed from the watermain on Concession Street and from a connection on Guildwood Drive. Proposed storm sewers will convey storm water to a storm water management pond at the southwest quadrant of the property. A 23 metre north-south collector with sidewalks is proposed through each of the proposed residential enclaves, 20 metre local roads and sidewalks are also proposed. The report concludes the following: · The expanded campus with surrounding residential uses offers a mix of compatible use that will create a diverse and vibrant community. 604 .. ... .. .. .. ... ... III -.; .. - ... ." - ... III ... III ... - REPORT NO.: PSO-080-02 PAGE 5 - · The development would be unique and harmonious with Soper Creek's landscape and the campus, but would not be isolated given the residential development to the west and future residential development proposed to the south. - - - · The re-designation would be consistent with the Regional Plan's Living Area designation. - · The existing sanitary sewer and water supply infrastructure and distribution provides sufficient capacity to serve the development. - - · The planned expansion of the Bowmanville campus and growth of the college's population will create activity and strengthen the site's presence in the neighbourhood, as well as stimulate local retail commercial uses and services. - - 5.3 Phase 1 Environmental Site Assessment The consulting firm of Shaheen and Peeker Limited Consulting Engineers was retained by the proponent to undertake a Phase 1 Environmental Site Assessment. The purpose of Phase 1 ESA is to identify potential sources of contamination. The reports notes, that given the age of the structures (1930) and the probability that there has not been significant improvements to the buildings, its likely that there are areas of contamination on the site. Some potential sources that may be present include: - - - - - · building materials containing asbestos; · heating oil and coal used to heat the structures; and · four transformers likely containing PCB's are on site but are not being used. - - - 605 - REPORT NO.: PSD-0.80-02 PAGE 6 .. 6.0 6.1 6.1.1 OFFICIAL PLAN POLICIES Durham Reqional Official Plan The lands are designated as Living Area and Major Open Space with indication of Environmental Sensitive Area within the Durham Region Official Plan. Land designated as Living Area are predominately used for housing purposes. Public and recreational uses are also permitted in the Living Area designation. .. .. 11III .... 6.1.2 Section 5.3.14 indicates any amendment to designate a supply of land for development must be undertaken as part of a comprehensive five year review of the area municipal official plan. It must also include an analysis demonstrating the need for additional land and shall conform to the Region's 20 year servicing plan. The proposed official plan amendment to redesignate additional lands for residential development is not part of a comprehensive review of the Clarington Official Plan and therefore does not conform to the Durham Region Official Plan. - .. IllIIl .. 6.2 C/arinqton Official Plan 6.2.1 The lands south of the buildings are designated Community Park in the ... Clarington Official Plan. The area associated with the Soper Creek and its tributary are designated as Environmental Protection. The balance of the lands .- are designated as Future Urban Residential. Community parks are intended to serve the recreational needs of a series of neighbourhoods, providing outdoor - and/or indoor recreational facilities. These parks shall be between 4 to 12 hectares in size, connect to future trail systems, and shall be provided at a .... standard of 0.6 hectares per 1000 persons of population. The Bowmanville Urban Area has four designated Community Park sites. This Community Park ..- site is approximately 12 hectares. .. 6.2.2 The Clarington Official Plan has designated lands for urban development to the year 2016. Lands not required for residential purposes within the time frame of the Plan have been identified as Future Urban Residential. The subject lands are outside the area identified by the Official Plan as being required for residential - .. .... 606 .. - REPORT NO.: PSO-080-02 PAGE 7 .... development by 2016. Section 5.3.5 of the Plan states that the redesignation of lands from Future Urban Residential to Urban Residential Area can only be considered in the context of a comprehensive review and update of the Official Plan undertaken by the Municipality. - - 6.2.3 Map C1 of the Clarington Official Plan identifies the Natural Features and Land - Characteristics for South Darlington. The Soper Creek and its tributary running through the site are identified as a Cold Water Stream and the floodplain area is - identified as Hazard Lands. In accordance with Section 4.3.8. of the Official Plan, the presence of these natural features require that an Environmental Impact - Study (EIS) be undertaken. - 6.2.4 Map E2 of the Official Plan identifies the Neighbourhood Planning Units for Bowmanville by name, boundary and population target. The subject lands are not - identified as part of a neighbourhood plan, nor its is assigned any population target. - - The Apple Blossom Neighbourhood is located west of the Soper Creek and north of Concession Street. It has been allocated a population target of 4800 persons. The proposed amendment would extend the boundary of the Apple Blossom Neighbourhood to include the subject area and increase the population target to 5750 persons which is the equivalent of 300 residential units. - .. .. 7.0 ZONING BY-LAW CONFORMITY 7.1 Within the Comprehensive Zoning By-law 84-63, as amended those lands associated with the Soper Creek and its tributary are zoned "Environmental Protection (EP) Zone". This zone does not permit the construction of any buildings or structures and all structures are to be setback a minimum of 3 metres from the EP boundary. The balance of the lands are zoned "Urban Residential Exception (R1-10) Zone", which permits a private school. An - - - - 607 - REPORT NO.: PSD-080-02 PAGE 8 ... application to amend the Zoning by-law would be required prior to any residential development should Council approve the amendment to the Official Plan. - 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed on both Concession Street and Lambs Road frontages. .. .. - 8.2 There have been a number of inquiries regarding the proposed Official Plan Amendment. - .. Many individuals are concerned that development will be permitted in the Soper Creek floodplain, that trees would be cut down and the creek would be diverted resulting in the destruction of fish and wildlife habitat. .. .. Many are opposed to deleting the Community Park stating that the increasing population in Bowmanville will require more parkland in the future. .. Other individuals have expressed concern regarding the loss of historical significant buildings to accommodate new homes. The property was used as an internment camp for German Officers in World War II. .... - Staff also received a letter in support of the proposed amendment from the land owner at the northeast quadrant of Lambs Road and Concession Road 3. The site is within the urban envelope in the Clarington Official Plan. It also offers an attractive neighbourhood adjacent to the Soper Creek valley ." .. ... 9.0 AGENCY COMMENTS 9.1 Comments are outstanding from the following departments and agencies: . Region of Durham Planning Department · Region of Durham Works Department 41 ... .. 608 .. - REPORT NO.: PSD-080-02 PAGE 9 - · Central Lake Ontario Conservation · St. Lawrence and Hudson Railway - - 9.2 The following agencies offered no objections to the proposed amendment: · Clarington Emergency and Fire Services · Region of Durham Health Department - - The Kawartha Pine Ridge District School Board offered no objection to the proposed Official Plan Amendment, however, will provide additional comments once the number of units and housing types are available. - - The Separate School Board offered no objection to the proposal, however, requested that adequate sidewalks are incorporated into the development. - Veridian Connections also had no objections, however, noted existing service to the site inadequate and must be upgraded to accommodate the proposed development. - - 9.3 The Municipality of Clarington Community Services Department objects to the portion of the site that impacts upon the Community Park designation. An indoor - recreation complex complimented by outdoor recreational component is contemplated for this Community Park. If the site loses its current designation, ... an alternate site within the vicinity would be required. - 9.4 The Municipality of Clarington Engineering Department offered comments with respect to the elimination of the Community Park, Future Urban Residential ... areas and schematic street pattern shown on the concept plan. - The Engineering Department strongly recommends that the municipality retains the Community Park designation on the subject lands. The site's proximity to - - 609 - REPORT NO.: PSD-080-02 PAGE 10 - existing and future residential neighbourhoods, to the Soper Creek valley and its topography make it ideal for indoor and outdoor recreational facilities. ... .. The Engineering Department also notes that Concession Street East, Lambs Road and Highways No. 2 are the only roads to provide a connection between _ the subject lands and the developed portions of the Bowmanville Urban Area. At the present time, the majority of the works required to urbanize adjacent .... municipal roads as well as other infrastructure works has not been included in the Municipality's Development Charge By-law and it is not anticipated that these .- works will be included in the foresable future. .. Prior to actual development taking place on the site the applicant must submit a number of studies to justify the development, including: .. . A Servicing Report that identifies all of the urban services, both internal and .- external, necessary for development of the subject lands. The impacts on existing municipal roads and the need for watermains and sanitary sewers .. and future road reconstruction should be addressed. .. . A Transportation Study that identifies traffic volumes, both vehicular and pedestrian that will be generated by the development. The study must determine impacts on existing municipal transportation infrastructure, including Concession Street East, Lambs Road and Highway NO.2 and determine what improvements will be required to facilitate the development. ... ." .. . A Sub-watershed Study that assesses the impacts of development on the watershed. The study must identify what stormwater management facilities are required and their size, and demonstrate that downstream erosion within the Soper Creek watershed will not be further aggravated by development of the subject lands. ... ... .... 610 .. - - REPORT NO.: PSD-080-02 PAGE 11 .. · An Environmental Impact Study will be required that identifies the potential impacts on the open space areas and works requires to mitigate impacts of development. - - The Engineering Department also noted that the street pattern shown on the conceptual plan should more closely resemble a grid pattern. The proposed cul- de-sacs should be eliminated and all collector roads must have a minimum width of 26.0 metres. - - - In conclusion, the Engineering Department states that the proposed amendment is premature and should not be endorsed. They also object to the removal of the Community Park designation. - - 1 0.0 STAFF COMMENTS 10.1 This application proposes to redesignate lands designated as Community Park and Future Urban Residential to Urban Residential. The approval of .the proposed amendment would allow for plans of subdivision to be submitted and residential development to occur. Both the Regional and Clarington Official Plans provide for additional residential lands to be designated in the only context of a comprehensive review of the local Official Plan. - - - - Moreover, the designation of additional lands shall be based on demonstrated need for designating additional residential lands and recognize the phasing of development in accordance with the Region's 20 year servicing plan. The applicant submitted a report to support the amendment, however, it does not adequately justify the need for more residential lands or why these lands should be chosen for residential development over other lands designated as Future Urban Residential in the Bowmanville Urban Area. - - .. - - 611 - REPORT NO.: PSD-080-02 PAGE 12 - 10.2 A Community Park designation is required in east Bowmanville in order to service the recreational needs of future residents. There are four Community Parks designated to serve the planned population of 65,000 persons at the build out of in the Bowmanville Urban Area. While one community park is constructed in West Bowmanville Community Park (Garnett B. Rickard Complex) and lands are being acquired for future development of a South Bowmanville Community Park, both the North and East Community Parks are anticipated for development at a later date. .. .. .. ... - The North Bowmanville Community Park, located at Concession Road 3 and Liberty Street, is also the subject of an Official Plan amendment application to .. remove the Community Park designation. These lands were recently sold and staff are investigating whether the new owners intend to pursue the application. - 10.3 The Municipality of Clarington Engineering Department notes that providing fu\l ... urban road infrastructure to the site is not within the Municipality's Development By-law and not anticipated in the foreseeable future. As such, the proposal is .... considered premature. .. 10.4 The Clarington Official Plan requires the submission of an Environmental Impact of the proposed development qn surrounding natural heritage features. An EIS has not been submitted, however, the applicant is aware that one is required to further evaluate the application. .... - 10.5 The applicant is proposing low density residential development to the north and south of the College. A concept plan depicts 300 residential units. Prior to consideration of a Plan of Subdivision for the subject land, a sub-watershed study will be required. The sub-watershed for the area encompasses lands with the Urban Area to the north, east and south of the subject site and drainage basin of the two tributaries that flow into Soper Creek. The exact boundaries .. .. ... .. .. 612 .... - REPORT NO.: PSO-080-02 PAGE 13 - would be defined by the Municipality, Central Lake Ontario Conservation and by the developers and landowners who would contribute to the Study. The preparation of a Subwatershed Plan for the Soper Creek is to be undertaken by the Municipality and likely co-operatively financed by all major landowners in the sub-watershed due to the costs of such a study. - - - 10.6 Members of the public have raised concerns about the proposed amendment concerns are summarized in Section 8 of the report. The following has been prepared in response to their concerns. - - - . Development in the Floodplain and Destruction of Fish and Wildlife Section 14.4.2 of the Clarington Official Plan does not permit development on lands designated as Environmental Protection. In no case would the development setback be less than 5 metres. In the Planning and Servicing Rationale Report, the applicant does not propose any development in the floodplain. - - - . Community Park As noted in Section 10.2 a Community Park has been planned on the subject lands to serve the east portion of the Bowmanville Urban Area. Staff concur with the resident's concerns regarding the loss of this park site. - - - . Historical Sianificance of the Site The site was originally constructed for use as a Boy's Training School for juvenile delinquents in the 1930's. It was converted into a German Prisoner of War Camp for German Officers during World War \I between 1941 and 1945. It returned to its previous use as a Boys Training School until 1979. The site sat dormant for sometime before it was occupied by a Sarah Lanken School and subsequently sold to Members of Christ Assembly who leased' it to the Catholic School Board until purchased by - - - - 613 - REPORT NO.: PSD-080-02 - PAGE 14 ... Great Lakes College in 1998. The site and it's structures are part of the Municipality's inventory of significant historical resources by LACAC. It is suggested that L~CAC further investigate the feasibility of designating some buildings on this site under the Heritage Act. .. .. .. 11.0 CONCLUSIONS 11.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, and the information that is still outstanding to further review the proposal and, it is respectfully requested that this report be referred back to staff for further processing and the preparation of a subsequent report. ... .. ... ell Attachments: Attachment 1 - Proposed Amendment Attachment 2 - Key Map Attachment 3 - Concept Plan ... ... .... ... - ... ... .. .... .. 614 .. - REPORT NO.: PSD-080-02 PAGE 15 - List of interested parties to be advised of Council's decision: - Mr. Mark Conway Lynn Philip Hodgson N. Barry Lyon Consultants Ltd. 467 Fralick's Beach Road 3 Church Street, Suite 100 Port Perry, ON L9L 1 B6 - T oranto, ON 5E 1 M2 Bowmanville, ON L 1 C 5H3 Mr. Gary Ku, President Scott Thomas - Sealand Holdings Inc. 139 Sprucewood Crescent 323 Keele Street Bowmanville, ON L 1 C 5H4 Toronto, ON M6P 2K6 - Dean Prebble Rob Hall 131 Sprucewood Crescent 161 Guildwood Drive Bowmanville, ON L 1 C 5H4 - Bowmanville, ON L 1C 5C9 Barry Majoor Brad Doyle - 193 Guildwood Drive 51 Soper Creek Drive Bowmanville, ON L 1 C 5C9 Bowmanville, ON L 1 C 2K7 - Debbie Alldread Reg and Angie Ball 131 Guildwood Drive 177 Sprucewood Crescent Bowmanville, ON L 1 C 5C7 Bowmanville, ON L 1C 5H3 - Terry Witherspoon Victor W. Rudik Associates 181 Sprucewood Crescent 1855 Rosebank Road - Bowmanville, ON L 1 C 5H3 Pickering, ON L 1V 1 P7 Kevin McCarthy Cindy Lewis - 143 Sprucewood Crescent 103 Sprucewood Crescent Bowmanville, ON L 1 C 5H4 Bowmanville, ON L 1 C 5H5 .. - - - - - 615 - ATT ACHMEINT 1 .. 616 COP A 2002-008 Clarington Official Plan Amendment - .. Owner: Sea land Holding Corp. .. .. - - - - PURPOSE: - - BASIS: - - ACTUAL AMENDMENT: - - - - - IMPLEMENTATION: - INTERPRETATION: - - - - - - ATTACHMENT 2 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN The purpose of this amendment is to replace the "Future Residential" and "Community Park" designation with the "Urban Residential" designation. The basis of this amendment is an application from the property owner. The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - Land Use Bowmanville Urban Area as shown on Schedule "A" attached hereto. 2. By amending Map E2 - Neighbourhood Planning Units Bowmanville Urban Area as shown on Schedule "B" attached hereto; and, 3. By amending Table 9-2 Housing Targets by neighbourhoods as shown on Schedule "" attached hereto. The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply with respect to this amendment. The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply with respect to this amendment. ~ 617 JUN-25-02 07:58 F RDU- T-723 P.03/05 F-545 "'" Schedule A .. .. . t C .- C . . - , I "'" (\.. <: .. .... "' - .. ... .. ... .... .. - - .. ... .. 618 .... JUN-25-02 07:58 FROM- T-723 P.04/05 F-545 - - Schedule B r=-- , - I r I I - I 200 ~ 600 llOO III ~ I CONCl:SStON ROAD 3 ,..----- - 9 KNO - (540 ) - ~UNE R<Wl I I I I I I I I !il ~ - - .- "- - - - - I1JGI1W~l' ~OJ - - 15 ORT OARUNGT (~OO) - ONMRIO MAP E2 NEIGHBOURHOOD PLANNING UNITS BOy/MANVILLE URBAN AR~ - 619 - JUN-2S-02 07:59 FROM- 1-723 P.OS/OS F-S45 .. Schedule C WIll .. HcllKlRrT~~ i ~~ t-IOO!in8 lInG I ~ ...... UnttaI NeJA IMmlCicaliotl ,...., lDw MediUlll H"1I:h ModUlI Hi&h ~ N1 MO:lln Ccolr.Jl Nea 0 0 0 0 2$0' lOCI ~50 ~ s..t> C2ma11'IrG 0 0 0 0 a 350 3$0 N~ Wcwdon 1175 U$ 0 0 0 100 1-400 ~ H~ U~5 l(lO 0 0 0 ~ 1..00 , NS Clawkw 5SO Q 0 110 0 50 1115 toM Han/;I>dl 150 100 0 0 0 2S '75 N7 '- A\IOftdaIe a2S 200 0 0 0 275 1300 He Emily $owe ,.75 ~75 Cl 0 0 $SO 23ClO N9 I'enbnI lW1 7S 0 0 0 n 1225 N10 Clarllnllon 4SO 2S Cl Cl 0 ~ &Sa Nn ~ 11SO 300 '25 0 0 50 1625 N,:Z . '___I HcishIs.' - . - - . - . TOTAL &7n 1625 125 no >>0 :!Oil 1~' ~Ic Nl &:II MoIn Co:nIr;lI _ 0 0 0 $$0 '1$ 275 1000 fQ Well MaIn ConbaI Nu 0 0 0 250 1500 0 17SO to ~ .'5 0 ~ 0 0 350 un Not ~ 425 125 ~ 0 0 7:i ~ N5 VItllWII Mas5ey 1a2S 40CI 0 '03 0 175 ,1?OO N6 ~~ ~ 275 a ~ 0 12S ~ N7 IlIIn '~a? SO 50 .125 75 ,SO ~ ~ 132S w 0 0 0 100 1~ N9 ". US l!1OC1 tcnc. 1450 0 125 75 '25 N10 ~ In 150 0 100 SO SO 1325 Nn ~" 1325 150 0 0 0 75 17$0 N12 , ~en.m )gg 175 0 0 0 ,~ 1000 I N'3 WOSlIIaIe 1G25 )$0 m :lS 0 7S ,no _ Nl.. .. w-:.ty ,on; 250 so 25 0 75 ,." . N15 fvtt DarlIICOn SSO GJ '75 0 0 25 1200 .... lOTJIL '31>> 3225 175 1US 1m 1l1Q) ~4OCI ~~ N1 ~c-;.I ~ 0 0 0 100 so 7S 225 N2 c-.. 10" ,oct Cl 0 0 lOCI lV5 NJ foMr ,..SO ,... 0 0 0 ,~ 1775 Not ran of NewciISlle r 500 )25 0 0 :l50 41 '075 N5 Ncolh V"" 1050 :ISO 0 0 0 50 13$0 Nr. WUtnaI tQl 0 0 .0 0 0 M l'OTAl SOlS 175 0 lOCI 300 J50 u.6O ... .. - ... ... ... .. .. .. ... - - .. .... .. 620 ... ... - - - - - - - - - - - - - - - - - - 'I I l U.J ...C.<:..:.>.... IS uo!sn,uo:>' .... -I I ~ ~ ~N ~~ ~~ ~ P-c] SA ~~ Q ~ tl wti u~ Z ~ o ~ u~ wi Cj c ~ ~ o u .g ~ ~l m ~ ga Cj __~"fTA~HMENT 3 621 - - Clflljl]gton REPORT - PLANNING SERVICES PUBLIC MEETING - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday September 9, 2002 - Report #: PSD-081-02 File #: COPA 2002-006 X Ref #: SC 2002-002 & ZBA 2002-002 By-law #: - Subject: APPLICATION FOR CLARINGTON OFFICIAL PLAN AMENDMENT SYLVAN ESTATES INC. AND BENNETT DEVELOPMENTS INC. - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-081-02 be received; 2. THAT the application for amendment to the Clarington Official Plan, submitted by Sylvan Estates Inc. and Bennett Developments Inc. be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and - - 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. - - Submitted by: Reviewed bY()~""::::' ~ Franklin Wu, Chief Administrative Officer - - avi . Crome, MCIP, RP.P. Director of Planning Services - CP*DJC*sn August 30, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 622 - REPORT NO.: PSD-081-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Sylvan Estates Inc. and Bennett Developments Inc. 1.2 Agent: G.M. Sernas & Associates Ltd. 1.3 Clarington Official Plan Amendment: . Amend "Map A3 - Land Use Bowmanville Urban Area" to relocate the District Park Symbol and realign the intersection of thl9 arterial road system south of Lambs Road; . Amend "Map B3 - Transportation Bowmanville Urban A.rea" to realign the intersection of the "Type C Arterial" road system south of Lambs Road; . Amend Map E2 - "Neighbourhood Planning Units Bowrnanville Urban Area" by adjusting the Port Darlington population target from 3,200 to 1,850; . Amend "Map A - Land Use Port Darlington Neighbourhood Secondary Plan" to relocate the District Park location easterly, adjust the limits of the Parkette, adding a neighbourhood park and realigning the intersection of the arterial road system south of Lambs R:oad; . Amend "Map B - Natural Features and Constraints" to realign the intersection of the arterial road system south of Lambs R:oad; . Amend "Table 9-2 Housing Targets by Neighbourhood" by changing the "Port Darlington - N 15" housing targets from 1,200 to 725 and making the corresponding adjustments to the housing targets in the low, medium and high density categories as well as the Bowmanville totals for each category. 1.4 Land Area of Application: 45.405 ha 2.0 LOCATION .. .... - ... .. - - .. .. .. - - - - 2.1 The subject lands are located in part Lots 5, 6, 7 and 8, Broken Front Concession, former Town of Bowmanville. The lands are further described as two parcels of land .. totalling 45.405 ha (112 acres), generally bounded by Mearns Avenue road allowance and the Region of Durham Water Treatment Plant to the west, East Beach Road, .... existing residences and Lake Ontario to the south, Bennett Road to the east and the Canadian National Railway and the hydro electric transmission corridor to the north (see .... Attachment 1 ). 623 .... - - REPORT NO.: PSD-081-02 PAGE 3 - - 3.0 BACKGROUND 3.1 In February of this year G. M. Sernas & Associates submitted applications on behalf of their client Sylvan Estates Inc. and Bennett Developments Inc. for proposed draft plan of subdivision and amendment to the zoning by-law for the subject lands. A public meeting for those applications was held April 8, 2002. The staff report for the public meeting advised that the two applications did not conform to the Clarington Official Plan, and that an official plan amendment would be required prior to consideration of the applications. The application for amendment to the Clarington Official Plan was received in June 2002. - - - - 4.0 EXISTING AND SURROUNDING USES 4.1 Existing Uses: The subject lands are currently under agricultural production and contain an existing house, barn and shed. - - 4.2 Surrounding Uses: East- South - Bennett Road, and beyond that existing residential and agricultural properties. CNR tracks and hydro electric transmission corridor. Mearns Avenue road allowance and the Region of Durham Water Treatment Plant. Existing residences fronting on East Beach Road, other existing residences at the mouth of the Bennett Creek and Lake Ontario. - North - West - - - 5.0 OFFICIAL PLAN POLICIES - 5.1 The Durham Region Official Plan designates the lands Living Area and Waterfront. The predominant use of land within the Living Area designation shall be for housing purposes. The predominant use of lands in the Waterfront designation may include marina, recreational, tourist, and cultural and community uses. Residential and employment opportunities maybe be permitted, which support and complement the predominant uses. - .. - 5.2 The Clarington Official Plan designates the lands Urban Residential with a Public Elementary School Symbol, Waterfront Greenway with a District Park Symbol, and - Environmental Protection Area within the Port Darlington neighbourhood. The neighbourhood has a housing target of ,1200 units, consisting of 550 Low Density, 450 - 624 - REPORT NO.: PSD-081-02 PAGE 4 Medium Density, 175 High Density and 25 units for intensification. Th~~ official plan amendment proposes to reduce the housing target to 725 units. The predominant use of land within the Urban Residential designation shall be for housing purposes. Schools are also permitted. The predominant use of lands within the Waterfront Greenway designation shall be passive and active recreational uses, compatible tourism uses, conservation and agriculture. District Parks shall serve the recreational needs of the entire Municipality with a wide variety of indoor, outdoor and specialized facilities. The location of the district park is proposed to be re-Iocated easterly from the designated location at the foot of Lamb's Road near the lake. The Environmental Protection Areas identify the most significant components of the Municipality's natural environment. These areas and their ecological functions are to be preserved and protected. 5.3 Map B - Transportation, identifies a Type C arterial road parallel to Lake Ontario connecting to Bennett Road in the east, Lambs Road in the centre and Liberty Street to the west. The application proposes to realign the intersection of the artEirial roads with the Lambs Road extension continuing easterly south of the CNR and intersecting with Bennett Rd. The official plan identifies the Lambs Road extension as continuing westerly, south of the CNR and connecting with Port Darlington Road. The official plan also indicates a future grade separation at the CNR line and Bennett Road as well as Liberty Street and the CNR. Map C, Natural Features and Land Characteristics identifies the Bennett Creek as a warm water stream with associated Hazard Land. In addition, the lakeshore is identified as a Regulatory Shoreline Area. Section 4.3.8 of the Official Plan requires an Environmental Impact Study (EIS) to be completed prior to any development occurring adjacent to, or within a Natural Feature. 5.4 The subject property is also within the Port Darlington Neighbourhood Secondary Plan. The secondary plan provides a Land Use Plan and policies further detailing the objectives of the Official Plan for development of the new residential area and transformation of the existing residences. The combined applications account for all the residentially designated lands within the neighbourhood. The Official Plan Amendment proposes to relocate the District Park, adjust the limits of the parkette, add a park area on the west side of Lambs Road and realign the intersection of the arterial road system. 625 .. - .. .. - .. .... .. - .. .. - .. - .. .. .. ... .. - REPORT NO.: PSD-081-02 PAGE 5 - - 6.0 ZONING BY-LAW PROVISIONS 6.1 The subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP)". The application does not conform with the current zoning by-law provisions and a rezoning is required to allow the proposed uses within the plan of subdivision. - - 7.0 PUBLIC MEETING AND SUBMISSION 7.1 A Public Notice sign was installed on the subject lands 20 days prior to the public meeting. In addition, notice was mailed to each landowner within the prescribed distance. As of the writing of this report, staff have receive a number of inquiries by neighbouring land owners requesting further information on the proposed development. - - - 7.2 The inquiries came primarily from property owners on East Beach Road and Port Darlington Road. The residents concerns are similar to those expressed at the earlier public meeting in April. A number of residents expressed concerns with traffic and access to the property on the existing road network. They are concerned that the streets are below municipal standards in width and in poor repair and can not accommodate the vehicles generated from the proposed development. .. - - - 7.3 Concerns have been expressed with respect to the impact this development would have on the natural environment, specifically regarding the creek valley and the Lake Ontario shoreline, which has experienced increased erosion in recent years. As well concern was expressed with the liability the Municipality would incur if the lands, subject to erosion, between the proposed arterial roads and Lake Ontario become accessible to the public. In addition, concern was voiced about the cost to the Municipality and to them as taxpayers for off-site infrastructure necessary to support this development. - - - - 8.0 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. At this time comments remain outstanding the Central Lake Ontario Conservation Authority. - - 626 - REPORT NO.: PSD-081-02 PAGE 6 8.2 The Clarington Engineering Services have outlined a number of off-site infrastructure concerns related to the development of these lands. The applicant has been provided with a list of issues, and staff from both the Planning Services Department and the Engineering Services Department have met with the applicant to discuss these issues. The application is considered pre-mature until these issues have been addressed to the satisfaction of the Director of Engineering Services. 8.3 Clarington Emergency Services advised that based on the transportation network proposed for the development railway traffic may impede the response times of emergency vehicles responding to this area. 8.4 The Region of Durham Planning Department advised that, based on the Regional Official Plan policies, the applicant will be required to participate in an Environmental Impact Study prior to development of the property. Based on provincial plan review responsibilities an archaeological assessment is required, and as a result of the proximity to the CNR line, a Record of Site Condition is required. Servicing for the site can be accommodated with extensions of the existing municipal water supply. The provision of sanitary sewers, as outlined in "Option B" of the Conceptual Site Servicing Report is the preferred. Both the Regional and Provincial concerns can be dealt with through the conditions of draft approval for the related planning applications. Accordingly this application is exempt from Regional approval. 8.5 CNR staff have requested that, policies dealing noise and vibration studies and safety measures be included in the Official Plan Amendment, should it be approved. 8.6 The Public School Board advised that the school board may be interested in exploring the possibility of implementing an elementary school in a joint use building with the Municipality. 627 - .. .... .. .. .. .. .. "", .. .. .., .. #0 .. .. III .. ... .... - REPORT NO.: PSD-081-02 PAGE 7 - 9. 0 STAFF COMMENTS - 9.1 The application for official plan amendment has been submitted to allow the implementation of the proposed plan of subdivision and rezoning application submitted earlier this year. The official plan amendment, if approved, would allow a reduction in the number of units permitted in the neighbourhood from 1,200 to 725. It would realign the intersection of the arterial roads within the neighbourhood, relocate the District Park symbol and introduce a Neighbourhood Park symbol. Staff is currently reviewing the implications of these proposals. - - - - 9.2 Staff identified serious concerns with the principle of development in this location at this time. There are a number of deficiencies associated with the road infrastructure required to service the neighbourhood. Staff advised the applicant that a "Transportation Network Needs and Feasibility Study" is required, as noted in the background report to the Development Charges Study prepared in 1999. Staff discussed these concerns with the applicant and his agents who are currently reviewing the issue further. Associated with the issue of infrastructure is the issue of timing and budgeting to complete the necessary works required to service this development. - - - - - 9.3 Other concerns raised with this development deal with the bluffs and the Municipality's liability if used as public space, as well as a concern with erosion and the impact that will have on the usability of the lands. This issue will require further discussion prior to a recommendation report for the subject site. - - 10. CONCLUSION - 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the applications be referred back to Staff for further processing and subsequent report upon resolution of all issues and receipt of all outstanding comments and required revisions. ... - - 628 - .. REPORT NO.: PSD-081-02 PAGE 8 - .. Attachments: Attachment No. 1 Attachment No.2 Key Map Proposed Official Plan Amendment fill "" Interested parties to be notified of Council and Committee's decision: G. M. Sernas & Associates 110 Scotia Court, unit 41 WHITBY, Ontario L 1 N 8Y7 Sylvan Estates Inc. & Bennett Developments Inc. 10225 Yonge Street RICHMOND HILL, Ontario L4C 3B2 fill "" Kevin Taylor 110 East Beach Road BOWMANVILLE, Ontario L 1 C 3K3 Debra Allin 25 Bennett Road BOWMANVILLE, Ontario L 1 C 3K5 .. .. Professor Dryer 61 Lonsdale Road TORONTO; Ontario M4V 1W4 Rose & Brad Savage 79 East Beach Road BOWMANVILLE, Ontario L 1 C 3K3 .. "" Don Wilkinson 205 - 165 Cobourne Avenue RICHMOND HILL, Ontario L4C 2K2 Philip Nixon 2736 South Service Road BOWMANVILLE, Ontario L 1 C 3K5 .. Irv Gill 25 - 110 Port Darlington BOWMANVILLE, Ontario L 1 C 3K3 .... "" .... .. .. "" 629 .. ATT ACHME NT 1 - - Lot 8 Lot 7 Lot 6 LotS - ------ HIGHWAy ~07 J - - - - --I (.~ -0- (fJ < (fJ o Q) 0:: 0 __ zj8 ~ c (D e u. c: Q) ~ e CO - - .. - Lake Ontario - - - - Bowmanville Key Map v - COPA 2002-006 Official Plan Amendment - ~ Sylvan Estates Inc. Bennett Development Inc. ......- ATTACHMENT 2 .. ... AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN ... PURPOSE: The purpose of this Amendment is to adjust the road pattern, distribution of land uses and housing targets as they apply to the Port Darlington Neighbourhood Secondary Plan Area. -. .. BASIS: The basis of this amendment is as follows: .. This amendment is based on an application from the property owner of the subject lands for approval of .a comprehensive Draft Plan of Subdivision. Through the design process for the plan of subdivision, .... certain adjustments to the Secondary Plan became necessary. ACTUAL AMENDMENT: ... The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - Land Use 80wmanville Urban Area as shown on Exhibit "A" 2. By amending Map 83 - Transportation Bowmanville Urban Area as shown on Exhibit "S" 3. By amending Map A Land Use Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "C" 4. By amending Map B Natural Features and Constraints Port Darlington Neighbourhood Secondary Plan as shown on Exhibit "0" 5. By amending Table 9-2 Housing Targets by Neighbourhoods as shown on Exhibit "E" .. .... .. .. IMPLEMENT ATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. .. INTERPRET ATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan, shall apply in regard to this Amendment. ... .... .. .. .. ...., 631 - ~ .... eu (l. - - .. I.' d .. - t- :z w .... <:J~ i=CI tl'. _I ...6 Q:~ OW ---. .-- ---.---- C, :I ,-' .,. c. o :I ,-' .F. C. J '-' .::. 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I'otrrtlW housinI LMlia fa f~1 HeifIha neighbourhood sub;e:l1O !he pn:MsbIs d SpecW Policy AIel No.5 (See Seab1 ,7M Municipality of Oarington Official Plan - December 4, 2000 Page 39 636 ... .. -Clfllmgron REPORT - PLANNING SERVICES PUBLIC MEETING - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 9,2002 PSD-082-02 File #: ZBA 1986-060 By-law #: REZONING APPLICATION APPLICANT: WAYNE ALLEN - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. .. 2. .. 3. .. THAT Report PSD-082-02 be received; THAT the rezoning application submitted by Dan Strike on behalf of Wayne Allen be referred back to Staff for further processing and preparation of a subsequent report; THAT all interested parties listed in this report and any delegations be advised of Council's decision. - .. Reviewed by: 2J~-~ Franklin Wu Chief Administrative Officer - .. AR*L T*DJC*sn August 29p, 2002 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 - 637 REPORT NO.: PSD-082-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: 1.3 Rezoning: Wayne Allen Dan Strike To rezone the property from "Urban Residential Type One (R1) Zone" to an appropriate commercial zone to permit the continuation of an existing motor vehicle repair garage and automobile glass replacement establishment. 1088 square metres (0.27 acres) 1.4 Site Area: 2.0 LOCATION 2.1 The property under consideration is located at 12 Temperance Street in Bowmanville (See Attachment 1). The subject property is located within Part Lot 12, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 The original repair garage on the property dates back to 1945. Assessment records indicate that the building on the property was constructed in 1940. Between 1945 and 1986, the property was acquired by the Newcastle Hydro-Electric Commission, also formerly known as the Bowmanville Public Utility Commission, and was used for storage and minor repairs to the truck fleet. 3.2 The property was in the ownership of the Newcastle Hydro-Electric Commission in 1984, when Zoning By-law 84-63 was adopted. In July of 1986, the applicant Wayne Allen acquired the property with the intention of using it as a repair garage. He subsequently applied for a minor variance to permit the operation of a repair garage as a similar or compatible use to the purpose for which it was used on the day the by-law was passed (A58/86). On October 31, 1986, the Committee of Adjustment denied the minor variance, stating that as "the Public Utilities [use] is a permitted use within any zone it is not considered a Legal Non-Conforming use; therefore it is not within the committee's jurisdiction to deal with this application." 638 ." .. - .. IIill .. - - - ... .., .. .... ... .. .. .. .. .. - REPORT NO.: PSD-082-02 PAGE 3 - 3.3 The applicant then submitted an application to rezone the property from residential to commercial (DEV 86-060). At the December 15th meeting of the General Purpose and Administration Committee, the Committee approved the application on the condition that the applicant obtain site plan approval from the Municipality. This condition remained unfulfilled until the Spring of 2002, when the applicant submitted an application for site plan approval. In the interim, a new Official Plan was approved by Council which does not permit motor vehicle garages in this area (see Section 5). In consideration of the time that has passed, staff informed the applicant that an additional public meeting on the 1986 rezoning application, would be required. - - - - - - 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are located within the older built-up area of Bowmanville. The .. building is set close to the Temperance Street road allowance and encroaches on the property to the north. A gravel parking area covers the bulk of the site. - 4.2 Surrounding Uses: .. East - Church and Rectory, Residential uses beyond North - Commercial uses - West - Residential uses South - Vacant; formerly lawn bowling club - 5.0 OFFICIAL PLAN POLICIES - 5.1 The Clarington Official Plan designates the property as "Street-Related Commercial Area" within the Bowmanville East Main Central Area Secondary Plan. The proposed use does not conform with the provisions of the "Street-Related Commercial Area" designation. ... - - 5.2 However, at the time that the General Purpose and Administration Committee recommended approval of the rezoning application in 1986, the Official Plan of the former Town of Newcastle, which was in place at the time, showed the property was - 639 - REPORT NO.: PSD-082-02 PAGE 4 designated "Commercial". The "Commercial" designation at the time permitted the mechanical repair of vehicles. 6.0 ZONING BY-LAW CONFORMITY 6.1 The lands subject to the application are currently zoned "Urban Residential Type One (R1) Zone". In order to permit the existing motor vehicle repair garage and automobile glass replacement establishment, a rezoning application was submitted for consideration. 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 The property owner of the abutting property to the south contacted Staff to raise his concerns with the application. While he recognized prior approval of GPA committee in 1986, he wanted to ensure that the continuation of the repair garage use did not have any adverse affects on the development of his property. His property (the former lawn bowling club) has a retaining wall which supports the parking area of the subject property. He questioned the possible impacts of drainage and vehicle weight on the retaining wall. Further, he noted the current Official Plan designation of "Community Facility" for his property and questioned the compatibility of an abutting repair garage. 8.0 AGENCY COMMENTS 8.1 The application was circulated for comments on the site plan application. The Municipality of Clarington Building Division, Clarington Emergency Services Department, Clarington Engineering Services Department, and Durham Region Public Works Department have no objections to the proposal at this time. 8.2 The application has also been circulated to the following agencies for review. · Central Lake Ontario Conservation · Local Architectural Advisory Committee 640 - .. - .. .. .. .. - - .. .... - ... ... ... .. .. .. .. ... REPORT NO.: PSD-082-02 PAGE 5 - 9.0 COMMENTS ... 9.1 The agent for the applicant has submitted a rationale for the continuation of the current use of the property as a motor vehicle repair garage and automobile glass replacement. establishment (See Attachment 3). The principle argument in favour of the rezoning is that, notwithstanding the interruption of the legal non-conforming status by the "public use" of the property, the site has continuously been used as a repair garage since the 1940's. Further, no objections were received from circulated departments and agencies or members of the public in 1986. Thus, the application was awarded conditional approval by the GPA Committee in 1986. - - - ... - 9.2 Since 1986, however, with the adoption in 1996 of the Clarington Official Plan, the Official Plan designation of the subject property has changed. Section 5.4 of the Bowmanville East Main Central Area Secondary Plan states that "existing uses within the Downtown which are not compatible with the historic character of the area, such as auto-related sales and service, service stations, and commercial uses with outdoor storage, shall be encouraged to relocate to areas outside the Downtown." .. - - - 9.3 Section 23.5.4 of the Clarington Official Plan indicates that Council must be satisfied that the use is appropriate and compatible in the existing location, and that it is not feasible to relocate the use, prior to passing a by-law to recognize the continuation of a non-conforming use. Council may determine that additional information or studies are required to establish that the proposal meets these criteria. - - 10.0 CONCLUSIONS - 10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. .. - - 641 - REPORT NO.: PSD-082-02 - PAGE 6 .. Attachments: Attachment 1 - Key Map Attachment 2 - Key Map for SPA 2002-027 Attachment 3 - Letter from Dan M. Strike, agent for the applicant, dated May 7,2002. Interested parties to be advised of Council's decision: Dan Strike Strike Salmers and Furlong 38 King Street West PO Box 7 BOWMANVILLE, Ontario L 1 C 3K8 Wayne Allen 2892 Highway NO.2 RR#4 BOWMANVILLE, Ontario L 1C 3K5 Paul Kahn, 1317850 Ontario Ltd. C/O Diamond Fischman and Pushman 179 King Street OSHAWA, Ontario L 1 H 1 C2 642 .. - - - .... .. """ - - ... .. - .. . .. .. till ATTACHME!NT 1 - - ~t1tQ ~~ ~~ - - - - - - $' I-...~ '? & ~ 9. <i) $ - - - - QU~ ~t1t ~h - ~ ~~~ - DEV. 86-060 Zoning By-law Amendment - - - ~-;:? U 0:: ~ ~ ~ - :--, 4.{ Owner: Wayne Allan - 643 1---- -- -- -- -- -- - I RICH 7 T OF - - - - - - - - - - -- ,,"'''0'-0'"' '"~. N67015'4'O"W 39 93 WA Y . : ~. ,..!'o".~' .. . m. r:.:-'r _ _ _ t-' ~- /////////." '//. //// /. ,-, //.0' J,J' -"f. I, /////////////~/ ~ " i I ~ ~ ' . I~ ~~-:J~R["tI L- ..- I r- ()\~1INC; ONE ~'OR('" :/:: E UJ t-FltC'" BUU_DIM.., ~ ~ (..()NC. (No 12 n,,"Pf<<>NC[ >"",[["1) ~ l[) 'it"'~ UJ ~ O. I. I a: V--"'" OOJ' r- ~_ en ....,"'.- I UJ I U 1 Z I <C I a: I (xrs'IPIC.~.' UJ ~~i 0- I ::E "<5T"'\"" LU "'.~ to L- or_ r- I I I I I I I I I E U1 o ? l@ I @I ~ 10 -I' {l<151ING \ON[ ~'ORr- CONCf;t[T[ SLOCI( eUlL[l,"'l ..- 0) N L i~'l"'.._ (;k..\Ill lOl w - a o 0) o ~ N Z L ()l.!S1INC._ GVo'4l Lat / i..-- I ~I ,I \ \ ~~\' . \ C) \ \ y " ~lH(,rrr-...M'06f. \: ,,~'r91 \; G I I ~ I I ...J \ 11 I II {)(Cl,"l".-c-""~ ().l9tNC~~ L..... n...c11( ~~. .:r::='" o.u 1Il N70'14'20"W 40.5m ,,,,,"NC " (.A<...... \ mu ,,, RtuMO ATTACHMENT 2 - - ... - .. .... .... - .. .. .. ... .. ... SPA 2002-027 ... Site Plan Application .. 1[. Owner: Wayne Allan .. 644 .. .. .... - - - - - - - - - - - - - - - - - - ATTACHMElN'f 3 Strike, Salmers ~nd Furlong Barristers & Solicitors Allan W. Furlong Ronald R.M. Strike David W. E. Salmers Catherine L. Salmers Dan M. Strike Practising in association, not a pannership Zenovi T. Salmers, Law Clerk W. Ross Strike ( 1895 - 1987) A. Alan H. Strike, (Retired) Reply to: Bowmanville May 7, 2002 I F~~<;:Dr'(\"'-'1'i1-I,r"-\ TI. '. r~'ll. ":':. : , \ I.. I \." I., .. . I l ., , ';,1 ' ./, "I" ("'r.\.V'l.- " " JI 'I "j ~. V" .'... ".....\:':, . .... - " " t I . 1 .- , " , , ~ "- . : I MA\ 0 R 7fi!" '.' \ I ' , .. : I MUNICIPtiLWi \1t- I_U:,t',!NGION! PLANNING l)~?ARH1iEr2.!..--l . ___u_ MUNICIPALITY OF CLARINGTON 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 ATTENTION: David Crome Director of Planning RE: Your File: DEV 86-60 12 TemRerance Street Bowmanville, Ontario Further to my telephone conversation with Carlo Pellarin of April 30th, 2002, I confirm I represent a party interested in purchasing 12 Temperance Street. Bowmanville, and maintaining its current use as a repair garage/auto glass installation facility. I have been asked by Carlo to submit my rational to you in writing why I believe an Official Plan Amendment is not need for the above noted matter. The argument behind not requiring an Official Plan amendment parallels the reasoning why a new Rezoning application should not be required. In the fall of 1986 a rezoning application was submitted to rezone the property from Residential to Commercial. At that time the Regional Official Plan had the area designated as commercial and there were no negative comments from the agencies circulated the application. At the December 15th, 1986. meeting of GP&A, the Committee approved the application on the grounds that the by-law would be si9ned by Council after a site plan had been completed for the property. I am advised by the Applicant that shortly after the GP&A meeting he had some discussions with the Works and Planning departments regarding a site plan, however, he nor municipal staff, pressed the issue because it was in existing use. Because no one really pursued the completion of the site plan it appears to be one of those issues that just fell through the cracks. The site plan has never been completed. I am unaware of any provision in the Municipal Act or any other legislation that specifies a time period within which a rezoning application MUST be dealt with. Similarly I am unaware of any legislation that puts a limit on the length of time Council has to adopt, reject or amend a decision of its GP&A Committee. If a new rezoning application is not required then it follows that since we are dealing with a rezoning application brought 38 King Street West, P.O. Box 7, Bowmanville, Ontario L 1C 3K8 905-623-5791 Fax: 905-623-8336 55 William Street East, McLaughlin Square. P.O. Box 2096, Oshawa, Ontario L1H 7V4 6 49~-723-11 01. 905-723-4634 Fax: 905-623-8336 .. Page....2 in 1986 the Official Plan in force in 1986 is the one that must be considered. At that time, , both the Regional Official Plan and the Darlington Land Use Plan, which had been amended and adopted by the Municipality, designated the land "commercial" which allowed a repair garage. .. .. From a practical point of view, if the Motor Vehicle Repair Garage which was approved in 1986 by the GP&A Committee is then no longer deemed by Coundl to be appropriate, Council can refuse to pass the by-law approving the re-zoning of the property on the basis that Staff was unable to reach an appropriate site plan with the Applicant. In other words, Council can always reverse the decision of the 1986 GP&A Committee so as to prevent the older re-zoning application if that use no longer reflects the best use for the property. ... - .... An Official Plan is a valuable planning tool which looks to the future in an effort to regulate and co-ordinate development across the Municipality. The Official Plan is not designed to be applied to situations such as this, where there is a long standing use which due to some anomalies does not comply with the plan. Historically, the use of 12 Temperance Street as a repair garage predates even the concept of land use planning. Enclosed herewith is a photocopy of a picture taken prior to Hydro acquiring the property in the mid 1900's, confirming the recollection of long time Bowmanville residents about Ross Hatley's garage, complete with gas pumps out front. But for the fact Hydro's use, as a public agency, can't be used to promulgate a non-complying status, this rezoning application would not be needed given the buildings automotive bays have been used for vehicle repair and maintenance for more than 60 years, even during Hydro's period of ownership. ... .... ... .. Technically if the Municipality proceeds with the 1986 rezoning application an Official Plan amendment is not needed because the use complies with the Official Plan in place at that time that the application was made. Historically and from a planning theory point of view, an Official Plan Amendment is not needed because this is not the type of situation to which the Official Plan.is intended to, nor should be, applied. .. .. Please review the contents of this letter and provide me your comments at your earliest convenience m May 14th, 2002 would be nice if possible. .. .. YOURS TRULY STRIKE, SALMERS ::::Rfj ~ ... .. Dan M. Strike DMS/dt c.c client P.S. In recognition of the fact that the delay in proceeding with the site plan rests mainly on his shoulders and that the processing fees of site plans has dramatically increased over the last 16 years, the Applicant is prepared to pay the increased fee charged by the Municipality for ~hese services (i.e. site plan, $802.50 less fees paid in 1986 $300.00 = $502.50) .. .. 64 ,< .. ... - CI![mgton REPORT PLANNING SERVICES PUBLIC MEETING - .. - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 9,2002 - Report #: PSD-083-02 File #: ZBA 2000-022 By-law #: - Subject: REZONING APPLICATION APPLICANT: THE TDL GROUP L TD (TIM HORTONS) - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-083-02 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by The TDL Group Ltd. on behalf of Equibanc Funding Inc. be APPROVED and that the amending by-law, as per Attachment 2 be passed by Council; - 3. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and - 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: Reviewed by: cJ~~~ - - a. Crome, M.C.I.P.,R.P.P. Director, Planning Services Franklin Wu Chief Administrative Officer - BR*L T*DC*df 30 August 2002 - CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T {905}623- 3379 F (905)623-0830 - 647 - REPORT NO.: PSD-083-02 PAGE 2 .. 1.0 APPLICATION DETAILS - 1.1 Owner: Equibanc Funding Inc. 1.2 Applicant/Agent: The TDL Group Ltd. - 1.3 Rezoning: from "Special Purpose Commercial Exception (C5-1) Zone" to "Neighbourhood Commercial Exception (C2-7) Zone". - - 1.4 Area: 0.534 hectares (1.32 acres) - 1.5 Location: The area subject to the proposal is located at the northeast corner of the Highway 2/King Street and Centerfield Drive intersection with a municipal street address of 1502 Highway 2/King Street, Courtice. The more formal location description is Part Lot 33, Concession 2, former Township of Darlington. .. .... .. 2.0 BACKGROUND 2.1 On August 18,2000, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit two (2) restaurants (Tim Horton Donuts and Pizza Pizza). .. .. .. 2.2 On October 2, 2000, a public meeting for this application was held. A resident offered the following comments for Committee's consideration: . Ten plazas exist on Highway No.2 between Townline and Courtice Roads, only one of them fully leased out. . Access onto Centerfield Drive will only be disastrous for Centerfield Drive traffic turning onto Highway No.2. . What about the on-site and nearby natural environment. . Why not soccer field or tourist information centre. . A petition with 150 names from the area was submitted. .. - .. ... .... 648 .... .. - - - ... - - - - - - - - - - - - - - - REPORT NO.: PSD-083-02 PAGE 3 2.3 A representative of the applicant along with the applicant's planning consultant indicated that they would work with the Community to resolve issues. It was noted that the Environmental Impact Study process had been initiated. Furthermore, they were willing to assist with the cost of signalization at the Centerfield Drive/Highway NO.2 intersection. 2.4 As a result of the public notification process, a number of telephone inquiries were received. The following would summarize the issues raised: · Of interest were the names of the companies associated with the restaurants. · The necessity of the proposed restaurants in Courtice. · The amount of wildlife on the property was noted. · Access to the site was questioned as was the increased traffic that would result from the proposal. Staff, in commenting on the environmental aspects of the property, noted that due to the proximity of the property to the Farewell Creek, an Environment Impact Study would be required. Through the Study any development and/or environmental conflicts, the mitigation measures and the exact limits of the Environmental Protection area would be established. 2.5 The original applicant, C.R.A.F.T. Construction Group Inc. and one of the two tenants, Pizza Pizza, abandoned the applications in 2001. The remaining tenant, The TDL Group Ltd. (Tim Hortons) assumed ownership of the project application and submitted a revised application September 25,2001. 2.6 Staff had serious concerns with the urban design aspects of the proposal and conveyed such to the applicant. The applicant did not concur with Staffs concerns. Staff solicited the assistance of Page & Steele, Architects Planners, in June to assist in developing an urban design acceptable to both parties. A report was prepared and forwarded to Tim Horton's at the end of June. On July 649 REPORT NO.: PSD-083-02 PAGE 4 .. 16,2002 a revised site plan incorporating the recommendations of the report was submitted. This plan was circulated to obtain comments from all agencies. .... .... 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is currently vacant. It is a plateau on the west bank of the Farewell Creek. The site is treed at its eastern and northern edges. .. .. 3.2 The surrounding land uses are as follows: North - Urban Residential with single detached dwellings South - Highway 2 and beyond, Urban Residential East - Farewell Creek Valleylands West - Centerfield Drive and beyond, Neighbourhood Commercial .. .. - 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public Notice for this, a second public meeting was given by mail to each landowner within 120 metres of the subject property and public notice signs were installed on the Highway 2/King Street and Centerfield Drive frontages. .. .. - 4.2 Resulting from the public notification process to date, Planning Services has received, in addition to individuals making updated inquiries, one telephone and e-mail inquiry. The caller felt that the traffic situation at the Highway No. 2/Centerfield Drive intersection would still be impacted in a negative manner. ... .. The e-mail inquiry requested clarification on the status of the E.I.S. as well as information on the nearest distance between the Farewell Creek and the developable portion of the site. With respect to the design for runoff on site, it was confirmed the post development runoff would not exceed predevelopment rates. Furthermore, it was noted the design of the project did not require the necessity of any underground storage tanks. .. - .. .. 650 .. .. .. - - - - - - - - - - - - - - - - - .. REPORT NO.: PSD-083-02 PAGE 5 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the subject property as Living Area and Major Open Space - Environmentally Sensitive Area. With the guidance of the Environmental Impact Study the application conforms. 5.2 The Clarington Official Plan designates the subject property a Neighbourhood Commercial Node shared with the property on the west side of Centerfield Drive. Environmental Protection Area abuts the east boundary of the property. With the guidance of the Environmental Impact Study the application conforms. 6.0 ZONING BY-LAW COMPLIANCE 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in part "Special Purpose Commercial Exception (C5-1)" which permitted the previous use - the motel, and in part "Environmental Protection (EP)". The application does not conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the Planning Services Department. Comments received to date are as follows. 7.2 Hydro One Networks Inc. had no concerns. 7.3 The Regional Planning Department has stated the proposed use conforms to the policies of the Regional Official Plan. No provincial interests were identified. 7.4 The Regional Works Department commented: . that in locations similar to the proposal's, post-development traffic movements are sometimes unpredictable and/or difficult to pre-determine. However, at this time, there will not be a collection of funds from the applicant for traffic 651 REPORT NO.: PSD-083-02 PAGE 6 .... signals. The Department does require, however, a letter of understanding from The TDL Group Ltd. that they will contribute up to $100,000.00 towards the installation of traffic signals when and if it is triggered by a traffic need/warrant attributable to the traffic generated by the proposal. This condition has been discussed with TDL Group Ltd. It was agreed they would contribute towards the cost of Highway 2/Centerfield Drive traffic signals on the condition that a traffic control signal warrant has been satisfied; .... - - . full municipal services are available to the subject property from existing facilities on Centerfield Drive and the Region's easement at the north-western boundary of the subject property; - . a Highway 2 road widening and a site triangle at the highway intersection with - Centerfield Drive as shown on the site plan, are required to be dedicated to the Region; .... . the construction of a west-bound turn lane at the Highway 2/Centerfield Drive intersection is warranted and a detailed geometric design drawing and tender- based cost estimate must be submitted for Regional approval and later an appropriate monetary deposit must be given; .. . a detailed site servicing plan, a signed Regional connection application and related monetary deposit must be given; .. . the Region's commercial development charge form and required payment must be completed prior to issuance of a building permit; and - . all requested road widenings and sight triangles must be completely conveyed to the Region, free and clear of all encumbrances. - - 7.5 Central Lake Ontario Conservation has no objections to the rezoning if the portion of the subject property located east of the 5m setback from Top of Bank is zoned Environmental Protection. The remainder of the property is to be zoned for the proposed use. The lands to the zoned Environmental Protection are to be dedicated t9 the Municipality of Clarington. Central Lake Ontario Conservation noted that three (3) requirements are to be submitted: an erosion/sedimentation control plan, delineation of the 100 Year Event ponding on the Grading/Servicing Plan, locating of the 150 mm orifice on the same plan and in the manhole- catchbasin 1 note. These issues will be dealt with through the site plan approval process. ... - - .. - 652 .. .. - REPORT NO.: PSD-083-02 PAGE 7 - 7.6 The Clarington Emergency and Fire Services Department noted that it is satisfied with the site plan including the issue of firefighting access. - 7.7 The Clarington Engineering Services Department has stated they have no objection, in principle, to the proposed zoning change. Prior to final approval of the site plan the applicant will be required to address any and all concerns of the Engineering Services Department. 8.0 STAFF COMMENTS 8.1 The Environmental Impact Study has determined the development of a restaurant on the subject property should not produce any important impacts to the Farewell Creek Valley's natural environment. To ensure any impacts are minimized the following was recommended: - - - - - - - - - - - - - f) - - - a) plant an eastern white cedar hedgerow on the northeastern and southeastern boundaries of the property with planting stock 1.5m tall. installed on 1.0 metre centers; b) keep Stag horn Sumac on site where possible to maintain food supply for wildlife and ensure landscaping around the restaurant incorporates native species and excludes any non-native invasive species; c) implement stormwater management measures as described in The TDL Group Limited (2002) Report and prepare a sediment and erosion control plan satisfactory to Central Lake Ontario Conservation and the Municipality of Clarington prior to site plan approval; d) ensure stabilization of slopes adjacent to the Farewell Creek Valley from the development site to the limits of the Environmental Protection designation/zone. Provide temporary fencing at the above limits to prevent accidental access by construction vehicles, fill or construction debris; e) lighting should be directed away from the Farewell Creek Valley; and litter bins should be raccoon proof to minimize the attraction of wildlife onto the property during operation. 653 REPORT NO.: PSD-083-02 PAGE 8 The Environmental Impact Study has determined the Farewell Creek Valleylands top-of-bank and the lands to be designated/zoned Environmental Protection. The valleylands within the subject property that are to be dedicated to the Municipality have also been determined. 8.2 With the assistance of the urban design consultant the applicant has generated a site plan that embraces Highway No.2 in keeping with the policies within the Clarington Official Plan. The design itself and the Highway No. 2 exposure specifically will provide a pedestrian friendly approach. The drive-through component has been located in such a manner that it does not traverse the Highway No. 2 frontage. The order speaker has been located as far away as possible from the residential properties to the north. . Staff will require building upgrades on the building elevations visible from the street, pedestrian walkways from the street and a mansard style roof line to hide the roof top mechanicals. The building will contribute to a street presence with most of the parking and drive-through area behind the building. 8.3 Considerable concern has been expressed regarding off-site traffic flows. The applicant commissioned a traffic generation and flow study which was reviewed by the Regional Works Department and the Clarington Engineering Services Department, neither of which objected to the figures or general findings of the study. Nonetheless, the applicant has been obligated by the Region to state in writing that it will fund traffic signals for the Highway 2/King Street and Centerfield intersection up to an amount of $100,000.00 provided the traffic at the intersection warrants its signalization. The applicant must also provide a right turn lane, a Highway 2/King Street road widening and a site triangle at the above intersection. The need for the Regional Works Connection Application prior to building permit issuance will ensure these conditions are fulfilled. It is notable that the original plan for the Tim Horton's restaurant and a Pizza Pizza restaurant has been abandoned leaving the Tim Horton's restaurant as the sole traffic 654 .. .. .. - - .... .... .. .. .. - .. .. .. - .. .. .. ... - REPORT NO.: PSD-083-02 PAGE 9 - generator. The drive-through lane will have stacking for approximately 10 to 14 vehicles. - 9.0 - 9.1 - CONCLUSIONS - This development completes the Highway NO.2 - Centerfield Neighbourhood Commercial node. The agencies and departments have been satisfied that any outstanding issues are technical in nature and will be resolved through the site plan approval process, should Council deem it appropriate to approve the rezoning application. - In light of the comments contained within this report, staff respectfully recommend that the rezoning application be APPROVE 0 in accordance with the By-law Amendment attached hereto. - - Attachments: Attachment 1 - Site Location' Key Map and Property Plan Attachment 2 ..~ Zoning By-law Amendment - .. .. - - - - - - 655 - REPORT NO.: PSD-083-02 PAGE10 - .. List of interested parties to be advised of Council's decision: Ronald Rutman Equibanc Funding Inc. 201 Bridgeland Avenue Toronto, ON M6A 1 Y7 Libby and Stan Racansky 3200 Hancock Road Courtice, ON L 1 E 2M1 John Wilson 1421 Highway 2 Courtice, ON L 1 E 2J6 Rhoda Warham 1528 Nash Road Courtice, ON L 1 E 2K8 Dennis and Marie Racine 11 Centerfield Drive Courtice, ON L 1 E 1 H5 Marco Rocca Tim Honon's Donuts 1403 King Street East Courtice, ON L 1E 2J6 Jean McBride 15 Valleycrest Drive Courtice, ON L 1 E 1 J2 Norm and Margaret Tweedle 21 Centerfield Drive Courtice, ON L 1 E 1 H5 Ann Dubray 7 Valleycrest Drive Courtice, ON L 1E 1J2 David Crosby 2 Belleview Court Courtice, ON L 1E 1J1 Mrs. McMillan 5 Cloverfield Street Courtice, ON L 1 E 1 K3 656 .. .. .. .... - .... .... - - .... .. .- - .. - - .. - ATTACHMENT 1 - - W > 'a:: ;0 \. - - I ~; - I II' - " ,'j ,0; I '''..J W 1'.:-.. :'L1.: ;W' : a:: ''- z W I '"0 -l , . ,. - , , I , c- " !i " - ", ", 'Dt ~s::-~~:~~:) . . --., .-."....'"....-~,....-.,=,.-~"~-.,=~...,._'"'"'=>;-~''''' .-.,.,.... .. ..,. 4, W ~..P.'"I,;;, .....-.. . ..,,,,,~:-.:--- ._l.~~.~..:.::.:~.:..., - -. ---,,"=-,~_<:.... -. ....'="; ;~''"'iir~'"'= ~~_~. :.._ H -~- ",~~HW A Y -..,~o. 2 ,':;---'':~--==-~,~,,--~:.._~- .. - . -':'~'."~..........~;:::-. -"3.1 ..::........ - "-.~'"tr.=:...-.___-'"__ -:~-"'--".-,.....:,...,...... "'-'~. ----- ~< . -'. .i.~.~~. - 4 - - Courtice Key Map - - ZBA 2000-022 Zoning By-law Application - The TDL Group Ltd. (Tim Horton's) - - "~7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2002- bf:ing 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, 2S amended, of the Corporation of the Municipality of Clarington for ZBA 2000-022; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 17.5 "SPECIAL EXCEPTION-NEIGHBOURHOOD COMMERCIAL (C2- 7) ZONE" is hereby amended by adding thereto, the following new Special Exception 17.5.7 as follows: "17.5.7 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-7) ZONE Notwithstanding Sections 3.15 e. i) and 17.1 b. on those lands zoned "C2~7" on the Schedules to this By-Iav, may, in addition to the other uses permitted in the Neighbourhood Commercial (C2) Zone" be used for an Eating Establishment and shall be subject to the following zone regulations: a) No entrance shall be permitted within 5.0 metres of the boundary of the side yard lot line boundary of a residential zone b) Setback from southerly strf:et line 2 metres (minimum) 5 metres (maximum) c) Rear Yard Setback (minimum) 3.5 metres d) Any drive-through facility shall be located in the interior side yard." 2. Schedule ''4'' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial Exception (C5-1) Zone" to "Neighbourhood Commercial Exception (C2-7) Zone", as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. 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 day of 2002 John Mutton, Mayor '" 658 Patti L. Barrie, Municipal Clerk A TT ACl-lMENT 2 ... - .... .... .. - .. .. .. .. .. - - ... - .. ... ... .. - i-This is Schedule "A'-' to By-law 2002- , passed this day of , 2002 A_D. - - ~-~ I I r-------' i \ \ \ I \ ~ ~-------~ - ,- \ 0::: I \ o~ a \ I \:''?~- \ a I ......J I ~ I u.. I 0::: I ~ E f"') < ::l lU f"') o ~ <I:l r-' a 00 z \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 1v?8 \ \ \ '.;6':S: \ , \ 0011-\ \ \ \ \ \ \ I S8.s, / . 6'111 \ / Y - - - - - - -- --- --- --- - HIGHWA Y 2 - ~ ZONING CHANGE FROM ~ 'C5-"10 'C2.7' - John Mutton, Meyer Potlll. aorrio. Municipal CIeri< - SUBJECT SITE - - - - COURTICE - - 659 - - ClfJ!.fflglon REPORT PLANNING SERVICES - .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, September 9, 2002 Report #: PSD-085-02 File #: A2002/006, A2002/007, By-law #: A2002/025, A2002/031 to A2002/050 Inclusive - Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 4, JULY 25, AND AUGUST 8, 2002 - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-085-02 be received; - 2. THAT Council concurs with decisions of the Committee of Adjustment made on July 4, July 25, and August 8, 2002 for applications A2002/006, A2002/007, A2002/025, A2002/031 to A2002/050, inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. - - .. Submitted by: Reviewed by: Uk-t~_ (~ - - o id ome, M.C.I.P.,R.P.P. Director, Planning Services Franklin Wu Chief Administrative Officer - SA*CP*DC*sh September 3, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 - - 660 - REPORT NO.: PSD-085-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment NO.1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JULY 4, JULY 25 AND AUGUST S, 2002 APPLICATION NUMBER STAFF DECISION OF RECOMMENDATION COMMITTEE July 4, 2002 A2002/006 Approve Approved A2002/007 Close without prejudice Closed without prejudice A2002/025 Approve Approved A2002/032 Approve Approved A2002/033 Approve Approved A2002/034 Approve Approved A2002/035 Approve Approved A2002/036 Approve Approved A2002/037 Approve Approved A2002/038 Approve Denied A2002/039 Approve Approved July 25, 2002 A2002/040 Table Tabled for 3 months A2002/041 Table Tabled for 6 months A2002/042 Approve Approved A2002/043 Approve Approved 66J .. .. .. .,. - .. .. ... .. .. ... - - .. - .. ... lIIIil ... - - - - - - - - - - - - - - - REPORT NO.: PSD-08S-02 PAGE 3 APPLICATION NUMBER STAFF DECISION OF RECOMMENDA liON COMMITTEE August 8, 2002 A2002/044 _~~rove -I Approved -.------ A2002/045 Table Tabled for 30 days A2002/046 Table Tabled A2002/047 Approve I Approved A2002/048 Approve Approved A2002/049 Approve Approved A2002/050 Approve Approved 1.2 Application A2002/006 was filed in February 2002 to permit an increase in height for a detached garage from the maximum of 5 metres to 6.12 metres, measured from the lowest point of grade adjacent to the building. Committee were not satisfied that this application was minor in nature nor that the proposed use was in conformity with the Zoning By-law. Thus, the application was tabled for up to 6 months to allow the applicant time to re-grade the property adjacent to the detached garage. At a subsequent hearing on July 4, 2002, the majority of Committee members had re-inspected the site and were satisfied that the grade had been raised adjacent to the building and the increase in height now appeared minor in nature. To ensure the use of the accessory building remains in conformity with the Zoning By-law Committee included in their decision that the detached garage was not to be used for business purposes or human habitation. 1.3 Application A2002/007 was filed in February 2002 to increase coverage by - accessory buildings from 40% to 98%. The property was in the process of changing owners and Committee TABLED the application for up to 6 months to - allow the new owner time decide what to do with the existing accessory - - 662 REPORT NO.: PSO-085-02 PAGE 4 .. buildings. The new property owner has applied for a rezoning application (August 2002) to keep the existing accessory buildings and to run a home industry from these accessory buildings. As the minor variance was no longer needed, the owner requested the Committee of Adjustment close the application without prejudice. .. .. .. 1.4 Application A2002/025 was originally heard May 16, then June 6, 2002, to permit the construction of a detached garage requiring a reduced front yard setback, westerly side yard setback and separation distance from the main dwelling. The property is steeply sloped and a significant amount of the lot is zoned Environmental Protection which constrained the area available to construct a detached garage. Through discussions with an engineering consultant, Engineering Services and Planning Services, a resolution was obtained and the owner was granted approval for a minor variance to locate the detached garage with a reduced front yard setback and separation distance to the main dwelling. .. .. .. ... ... 1.5 After review by the Planning Services Department, Application A2002/031 was returned to the applicant's as a minor variance was not required. The applicant's proposal to construct a deck and stairs in the rear yard was achievable, in compliance with the Zoning By-law, without a minor variance. .. .. .. 1.6 A2002/038 was filed to recognize five accessory buildings and structures totalling 109% of the floor area of the existing dwelling. This application had been previously applied for in 2001 as A2001 /055 and received approval subject to the applicant obtaining building permits for all accessory buildings and structures greater than 10m2 in area (Ontario Building Code), within 90 days of Cqmmittee's decision. The applicant did not apply for or obtain the required building permits, thus the minor variance lapsed. The applicant was informed the variance had lapsed and requested to re-apply in March 2002. .. .. - .. .. .. 663 .. - - - - - - - - - - - - - - - - - - - REPORT NO.: PSD-085-02 PAGE 5 The applicant re-applied in June 2002 and was heard July 4, 2002 before the Committee of Adjustment. At this hearing, the applicant did not attend, or send regrets prior to the meeting. A number of residents did attend the meeting in opposition to the applicant. The application was denied at this meeting as it did not appear the owner intended to obtain building permits and Committee deemed the five accessory buildings and structures are not in keeping with the neighbourhood. A new application has been filed by the property owner at this time and it will be heard at the September 12, 2002 Committee of Adjustment meeting. 1.7 Application A2002/040 was to reduce the number of parking spaces required from 119 to 92 to reflect the current uses occupying the industrial building. The application was TABLED for up to three (3) months to allow time for the owners to remove outside storage and garbage containers from some of the 92 parking spaces to ensure that all parking spaces are available for parking. Also, not all owners had signed the application and the additional time allowed for the remainder of the applicant's to sign the application as required by the Planning Act. 1.8 Application A2002/041 was to reduce the required rear yard setback to permit the construction of a storage building at Roger Swan's Auto on Highway 2 in Maple Grove. The application was TABLED for up to three (3) months to allow the applicant time to file a site plan application illustrating the property and the location of all buildings and structures, and thereby illustrating the need for the minor variance. 1.9 A2002/045 was an application to permit the construction of an in-ground swimming pool with an exterior side yard setback of 3 metres instead of the required 6 metres. A complaint was received from an abutting property owner regarding altered grading not in compliance with the approved subdivision 664 REPORT NO.: PSD-085-02 PAGE 6 .... grading. A site inspection by Engineering Services and Planning Services showed that the approved grading had been altered and would allow potential ponding on neighbouring properties. The application was TABLE D for up to 30 days to allow the owner time to correct the grading. The application will be re- heard by Committee on September 12, 2002. .... .... .... 1.10 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the even of an appeal of any decision of the Committee of Adjustment. .... .... .... ,jj .. .. Attachments: Attachment 1- Periodic Report of the Committee of Adjustment ... .... - .... - - .... .... 665 .... .... ATTACHMENT 1 - - Cl!J!!lJgton - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: RONDEAU. BRUCE RONDEAU, BRUCE 7 DORSET ST." SOllNA PART LOT 25, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON A2002/006 - PURPOSE: - TO PERMIT A DETACHED GARAGE BUILT WITH A HEIGHT OF 6.12 METRES INSTEAD OF THE MAXIMUM PERMITTED 5 METRES. - - - .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT INCREASE IN HEIGHT TO 6.1 METRES PROVIDED THE DETACHED GARAGE IS NOT USED FOR BUSINESS PURPOSES OR HUMAN HABITATION, AS STATED IN THE ZONING BY-LAW. - - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24, 2002 - - ... - - 666 - .. C!{Jlwgton - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: NEUBAUER. JOSEF KEMPTER, CAROL 2611 MAPLE GROVE RD." DARlINGlON PART LOT 18. CONCESSION 2 FORMER lOWN(SHIP) OF DARLINGTON A2002/007 - - PURPOSE: TO RECOGNIZE THE CONVERSION AND ATTACHMENT OF AN EXISTING 149 M2 BARN TO AN EXISTING 106 M2 DETACHED GARAGE, WHICH COMBINED EQUAL 98.4% OF THE lOTAL FLOOR AREA OF THE EXISTING DWELLING, EXCEEDING THE MAXIMUM PERMITTED 40%. ... .. .. - DECISION OF COMMITTEE: THAT THE APPLICATION BE CLOSED WITHOUT PREJUDICE AS THE APPLICANT HAS .- APPLIED FOR A REZONING APPLICATION. - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24,2002 - - - .. .... .. 667 .. - - CI{Jlwgton - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: HUGHES. JEFF & ERIKA HUGHES, JEFF & ERIKA 2646 CONCESSION RD 7 , TYRONE PART LOT 11, CONCESSION 7 FORMER 10WN(SHIP) OF DARLINGTON A2002/025 - - PURPOSE: TO PERMIT CONSTRUCTION OF DETACHED GARAGE BY REDUCING REQUIRED FRONT YARD SETBACK FROM 6 M TO 3 M & REOUIRED SEPARATION DISTANCE BETWEEN GARAGE & EXISTING DWELLING FROM 1.2 M TO 0.96 M. - ... - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE FRONT YARD SETBACK 103M AND TO REDUCE THE SEPARATION DISTANCE TO THE DWELLING TO 0.96 M AS IT IS DEEMED MINOR IN NATURE AND CONFORMS TO THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. - - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24, 2002 - - ... - - 668 - .... Cl{Jlwgron .... .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: LAVERY, IRENE & GALE LAVERY, IRENE & GALE 19 HARTSFIELD DR." COURTICE PART LOT 34, CONCESSION 3 FORMER 10WN(SHIP) OF DARLINGTON A2002/031 .... - PURPOSE: 10 PERMIT THE CONSTRUCTION OF A DECK AND STAIRS BY REDUCING THE REOUIRED REAR YARD SETBACK FROM 6 METRES TO 5.79 METRES. .. .... .. .. DECISION OF COMMITTEE: APPLICATION WITHDRAWN - JUNE 10,2002 AS PER SUSAN ASHTON .. III - DATE OF DECISION: LAST DAY OF APPEAL: .... .... ... .... 669 .. .. - - ClfJ!.wgron - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: FilE NO.: VELTRI, FRANK VELTRI & SON L TD 101 TRUDEAU DR." BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/032 - - - PURPOSE: 10 PERMIT THE CONSTRUCTION OF A SEMI-DETACHED (LINKED) DWELLING WITH A 7.28 METRE REAR YARD SETBACK INSTEAD OF THE REQUIRED 7.5 METRES, & TO PERMIT CONSTRUCTION OF A DECK WITH A REAR YARD SETBACK OF 5.7 METRES INSTEAD OF THE REQUIRED 6.0 METRES. ..... - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE DWELLING'S REAR YARD SETBACK TO 7.28 M AND THE DECK'S REAR YARD SETBACK TO 5.7 M, SUBJECT TO A CLAUSE IN THE PURCHASE & SALE AGREEMENT NOTING THE MINOR VARIANCE GIVEN. - - DATE OF DECISION: July 4,2002 _ LAST DAY OF APPEAL: July 24,2002 - - - - 670 - .. ClfJ!.wgron - .... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... FILE NO.: VELTRI, FRANK VELTRI & SON L TD 91 TRUDEAU DR." BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER 10WN(SHIP) OF BOWMANVILLE A2002/033 - APPLICANT: OWNER: PROPERTY lOCATION: - PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED (LINKED) DWELLING WITH A 7.34 METRE REAR YARD SETBACK INSTEAD OF THE REQUIRED 7.5 METRES, & 10 PERMIT CONSTRUCTION OF A DECK WITH A REAR YARD SETBACK OF 5.8 METRES INSTEAD OF THE REQUIRED 6.0 METRES. ... - ., - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE DWELLING'S REAR YARD - SETBACK TO 7.34 M AND THE DECK'S REAR YARD SETBACK TO 5.8 M SUBJECT TO A CLAUSE IN THE PURCHASE & SALE AGREEMENT NOTING THE MINOR VARIANCE GIVEN. - ... DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24,2002 .... - .. all .. 671 .. - - ClfJ!.Wgton - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: FILE NO.: VELTRI, FRANK VELTRI & SON L TD 93 TRUDEAU DR." BOWMANVILLE PART lOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/034 - - - PURPOSE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED (LINKED) DWELLING WITH A 7.34 METRE REAR YARD SETBACK INSTEAD OF THE REQUIRED 7.5 METRES, & TO PERMIT CONSTRUCTION OF A DECK WITH A REAR YARD SETBACK OF 5.8 METRES INSTEAD OF THE REQUIRED 6.0 METRES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE DWELLING'S REAR YARD SETBACK TO 7.34 M AND THE DECK'S REAR YARD SETBACK TO 5.8 M SUBJECT TO A CLAUSE IN THE PURCHASE & SALE AGREEMENT NOTING THE MINOR VARIANCE GIVEN. - - - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24,2002 - - - - 672 - ... Cl!J!wgron - .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... APPLICANT : VELTRI, FRANK OWNER: VELTRI & SON L TD PROPERTY lOCATION: 99 TRUDEAU DR." BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2002/035 - ... .. PURPOSE: TO PERMIT THE CONSTRUCTION OF SEMI-DETACHED (LINKED) DWELLING WITH A REAR YARD SETBACK OF 7.28 METRES INSTEAD OF THE MINIMUM OF 7.5 METRES REQUIRED. ... - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE DWELLING'S REAR YARD ... SETBACK TO 7.28 METRES AS IT IS MINOR IN NATURE, SUBJECT TO A CLAUSE NOTING THE MINOR VARIANCE GIVEN. - - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24,2002 ... - ." .. 673 - - - - ClfJ!.-mgron - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: FILE NO.: JACKSON, ANITA & KEVIN JACKSON, ANITA & KEVIN 10432 OLD SCUGOG RD." BURKEl ON PART LOT 20, CONCESSION 10 FORMER TOWN(SHIP) OF DARlINGl ON A2002/036 - - - PURPOSE: TO PERMIT CONSTRUCTION OF A DETACHED GARAGE WITH AN EXTERIOR SIDE YARD SETBACK OF 3.81 METRES INSTEAD OF THE REQUIRED 6 METRES. .. - .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE DETACHED GARAGE'S EXTERIOR SIDE YARD SETBACK TO 3.81 M SUBJECT TO ONE EXISTING SHED BEING REMOVED WITHIN SIX (6) MONTHS OF ISSUANCE OF THE BUILDING PERMIT FOR THE DETACHED GARAGE. - - DATE OF DECISION: July 4,2002 _ LAST DAY OF APPEAL: July 24,2002 - - - - 674 - .. Cl!![mgron .. .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. GILBANK, FRED GILBANK, FRED 3855 HIGHWAY 2 , CLARKE PART LOT 21, CONCESSION 1 FORMER TOWN(SHIP) OF CLARKE A2002/037 .. APPLICANT: OWNER: PROPERTY LOCATION: .... FILE NO.: - PURPOSE: 10 PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING 10TAL LOT COVERAGE BY ACCESSORY BUILDINGS FROM MAXIMUM PERMITTED 40% TO 71% OF THE EXISTING FLOOR AREA OF THE DWELLING & PERMIT EXISTING SHED .. TO REMAIN DURING CONSTRUCTION. - .. DECISION OF COMMITTEE: THAT APPLICATION BE APPROVED AT 71% OF EXISTING DWELLING SUBJECT TO OWNER OBTAINING A BUILDING PERMIT WITHIN THIRTY (30) DAYS & REMOVING .. EXISTING SHED WITHIN NINETY (90) DAYS OF THE BUILDING PERMIT BEING ISSUED. .... - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24, 2002 ,.. - .... .. 675 .. .. - - Clf1~wgron - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: FILE NO.: AMYOTTE, LEANNE AMYOTTE, LEANNE 6 SUMAC RD." BURKETON PART LOT 18, CONCESSION 10 FORMER TOWN(SHIP) OF DARLINGTON A2002/038 - - PURPOSE: TO RECOGNIZE ALL EXISTING ACCESSORY BLDGS & STRUCTURES (DET. GARAGE, - SHED, PLAY STRUCTURE, POOL DECK, TREE FORT) INCREASING TOTAL LOT COVERAGE BY ACC. BLDGS. & STRUCTURES FROM 48% (81.3 sa M) (GRANTED BY COM. OF ADJUSTMENT IN 1997 TO 109% (185 SQ M). - - DECISION OF COMMITTEE: - THAT THE APPLICATION BE DENIED AS THE APPLICATION IS NOT MINOR IN NATURE, IS NOT OESIRABLE FOR THE NEiGHOURHOOD, AND IT IS NOT AN APPROPR:ATE USE FOR THE SUBJECT LANDS. - - - DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24,2002 - - - - 676 - - ClfJ!.wgron .. - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. FILE NO.: ALLOTT, MARK ALLOTT, MARK 628 LONGWORTH AV." BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER 1 OWN(SHIP) OF BOWMANVILLE A2002/039 - APPLICANT: OWNER: PROPERTY lOCATION: ... PURPOSE: 10 PERMIT CONSTRUCTION OF A DECK AND HOT TUB INCREASING THE TOTAL LOT COVERAGE BY ALL BUILDINGS AND STRUCTURES FROM THE MAXIMUM PERMITTED 40% TO 44%. ... .. - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO INCREASE TOTAL LOT COVERAGE TO 44% AS IT IS MINOR IN NATURE AND IS IN CONFORMITY WITH THE ZONING BY-LAW AND OFFICIAL PLAN. ... .. DATE OF DECISION: July 4,2002 LAST DAY OF APPEAL: July 24, 2002 .. .. ... .. .. 677 - ... - - Cl!J!ilJgron - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - FILE NO.: RIFE, DAVID W.E. ROTH CONSTRUCTION L TD 71 MEARNS CT." BOWMANVILLE PART LOT 8, CONCESSION BF FORMER 1 OWN(SHIP) OF BOWMANVILLE A2002/040 - APPLICANT: OWNER: PROPERTY lOCATION: - - - PURPOSE: 10 REDUCE THE MINIMUM PARKING SPACE REQUIREMENT FROM 119 PARKING SPACES TO 92 PARKING SPACES, TO RECOGNIZE THE EXISTING USES IN THE INDUSTRIAL BUILDING. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR A PERIOD OF UP TO 3 MONTHS TO ALLOW THE APPLICANT TIME TO REMOVE STORAGE & GARBAGE CONTAINERS FROM THE DESIGNATED PARKING SPACES & TO ALLOW ALL OWNERS TO SIGN THE APPLICATION BEFORE COMING BACK 10 COMMITIEE. - - DATE OF DECISION: July 25,2002 - LAST DAY OF APPEAL: August 14, 2002 - - - - 678 - ... Clf}!:!IJgron ... - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .... FILE NO.: RIFE, DAVID W.E. ROTH CONSTRUCTION L TD 71 MEARNS CT." BOWMANVILLE PART LOT 8, CONCESSION BF FORMER 1 OWN(SHIP) OF BOWMANVILLE A2002/040 - APPLlCANl : OWNER: PROPERTY lOCATION: .. PURPOSE: TO REDUCE THE MINIMUM PARKING SPACE REQUIREMENT FROM 119 PARKING SPACES 1092 PARKING SPACES, TO RECOGNIZE THE EXISTING USES IN THE INDUSTRIAL BUILDING. .. .... .. - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR A PERIOD OF UP TO 3 MONTHS TO _ ALLOW THE APPLICANT TIME TO REMOVE STORAGE & GARBAGE CONTAINERS FROM THE DESIGNATED PARKING SPACES & TO ALLOW ALL OWNERS TO SIGN THE APPLICATION BEFORE COMING BACK TO COMMITIEE. ... - DATE OF DECISION: July 25,2002 LAST DAY OF APPEAL: August 14,2002 - .. .. - 679 - .. - - Cl~wgron - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: FILE NO.: SWAN, ROGER SWAN, ROGER 2320 HOLT RD." DARLINGTON PART LOT 21, CONCESSION 2 FORMER 1 OWN(SHIP) OF DARLlNG10N A2002/041 - - PURPOSE: TO PERMIT THE CONSTRUCTION OF A NEW STORAGE BUILDING ON A COMMERCIAL LOT BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 5 METRES 10 0.6 METRES. - .. - - DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR A PERIOD OF UP TO 6 MONTHS TO ALLOW THE APPLICANT TO MEET WITH STAFF AND RESOLVE ISSUES. - - DATE OF DECISION: July 25,2002 LAST DAY OF APPEAL: August 14, 2002 - - - - .. 680 - .... ClfJ!.mgron ..... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - FILE NO.: WALKAU, KLAUS WALKAU, KLAUS 2033 NASH RD." DARLINGTON PART LOT 23, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/042 ... APPLICANT: OWNER: PROPERTY LOCATION: .... - PURPOSE: 10 PERMIT THE CONSTRUCTION OF AN AGRICULTURAL BUILDING ON AN EXISTING LOT BY REDUCING THE MINIMUM LOT AREA REOUIREMENT FOR AGRICULTURAL USES FROM 2 HA (4.94 AC) TO 1.64 HA (4.06 AC). .... ... .... DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW & IS CONSIDERED TO BE MINOR & DESIRABLE TO ALLOW THE FARM WITH 1.64 HA AS OPPOSED TO THE REQUIRED 2.0 HA. ... ... ... DATE OF DECISION: July 25,2002 LAST DAY OF APPEAL: August 14,2002 .. - .. ..... 681 .. .. - - Clf1!ingron - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: FilE NO.: HARTMANN, HANS DE JONG, JOHN 157 MANVERS RD." NEWCASTLE VILLAGE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2002/043 - - - PURPOSE: TO PERMIT THE CONSTRUC110N OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED 3 METRE SETBACK TO AN ENVIRONMENTAL PROTE-CTION ZONE BOUNDARY TO 0 METRES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO ALLOW THE CONSTRUCTION OF A DWELLING WITH A 0 METRE SETBACK TO AN ENVIRONMENTAL PROTECTION ZONE BOUNDARY. - - DATE OF DECISION: July 25,2002 - LAST DAY OF APPEAL: August 14,2002 - - - - 682 - .. ClwilJgron .... ... PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... FILE NO.: 673666 ONTARIO LIMITED, JAMIE MACINN 673666 ONTARIO LIMITED, JAMIE MACINNIS 644 LONGWORTH AV." BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/044 .... APPLICANT: OWNER: PROPERTY LOCATION: ... PURPOSE: 10 PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED MINIMUM EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 4.3 METRES. ... - ... .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE AND IS DESIRABLE SUBJECT 10 THE VARIANCE BEING NOTED AS A CLAUSE IN THE PURCHASE AND SALE AGREEMENT. ... ... ... DATE OF DECISION: August 8,2002 LAST DAY OF APPEAL: August 28,2002 ... ... .. .. 683 - .. - - ClfJ!!lJglon - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY lOCATION: FILE NO.: DaNELLE, STEVEN DaNELLE, STEVEN 78 SAGEWOOD AV." COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/045 - - - PURPOSE: 10 PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE REQUIRED MINIMUM EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3 METRES. - - DECISION OF COMMITTEE: - THAT THE APPLICATION BE TABLED FOR UP TO 30 DAYS TO ALLOW THE OWNER TIME TO RESOLVE DRAINAGE ISSUES CREATED BY THE SWIMMING POOL INSTALLATION. - - - DATE OF DECISION: August 8,2002 LAST DAY OF APPEAL: August 28, 2002 - - - - 684 - - ClfJ!.wgron - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .... FILE NO.: BRECH, KIM BRECH, KIM 72 TURNBERRY CR." COURT ICE PART LOT 35, CONCESSION 2 FORMER 10WN(SHIP) OF DARLINGTON A2002/046 - APPLlCAN1: OWNER: PROPERTY LOCATION: .. PURPOSE: 10 REDUCE THE EXTERIOR SIDE SETBACK FOR SHED #1 FROM 6 METRES TO 0.38 METRES, FOR SHED #2 FROM 6 M TO 0.91 M, FOR SHED #3 FROM 6 M TO 4.3 M, AND TO REDUCE THE SEPARATION DISTANCE BETWEEN THE DWELLING AND SHED #3 FROM 1.2 M TO 0 M. - - - .... DECISION OF COMMITTEE: THAT THE APPLICATION BE 1 ABLED 10 ALLOW THE APPLICANT TIME TO CONSIDER OTHER OPTIONS FOR THE SHEDS. - ..' DATE OF DECISION: August 8, 2002 LAST DAY OF APPEAL: August 28, 2002 .. .. - .. ... 685 .... ... - - Cl!1!mgtnn - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: VERRYDT,HENRY VERRYDT,HENRY 5200 MIDDLE RD." DARLlNG10N PART LOT 13, CONCESSION 5 FORMER 10WN(SHIP) OF DARLINGTON A2002/047 - - PURPOSE: TO PERMIT CONSTRUCTION OF SINGLE DETACHED DWEL LING BY REDUCING THE REQUIRED MININUM AGRICULTURAL SETBACK FROM AN EXISTING BARN FROM 300 METRES TO 200 METRES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE AGRICULTURAL SETBACK - TO 200 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS MINOR IN NATURE. - - DATE OF DECISION: August 8,2002 LAST DAY OF APPEAL: August 28, 2002 - - - - - 686 - .. ClfJ!.mgron .. - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: HILL, JOHN HILL, JOHN 44 SUNNY RIDGE TL." ENNISKILLEN PART LOT 20, CONCESSION 7 F-ORMER TOWN(SHIP) OF DARLINGTON A2002/048 ... .. PURPOSE: 10 R~COGNIZE AN EXIS11NG LOT HAVING A FRONTAGE OF 31 METRES INSTEAD OF THE REQUIRED 45 METRES. .. .. .... .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE AND IS - INCONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW. .. .. DATE OF DECISION: August 8, 2002 LAST DAY OF APPEAL: August 28, 2002 .. .. .. .. 687 .. .. .. - Clfllmgroll - PERIODIC REPORT FOR THE COMMIlTEE OF ADJUSTMENT - FilE NO.: SHERIDAN, RONALD SHERIDAN, RONALD 3700 HANCOCK RD." DARLINGTON PART LOT 27, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2002/049 - APPLICANT: OWNER: PROPERTY lOCATION: - - PURPOSE: 10 PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED MINIMUM AGRICULTURAL SETBACK REQUIRED FROM 300 METRES TO 230 METRES. - - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE AGRICULTURAL SETBACK 10230 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BYOLAW AND IS MINOR IN NATURE. - - DATE OF DECISION: August 8,2002 LAST DAY OF APPEAL: August 28, 2002 - - - - - 688 - - ClfJ!.mgron ... - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .... APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: SHERIDAN, RONALD SHERIDAN, RONALD 3700 HANCOCK RD." DARLINGTON PART LOT 27, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2002/049 .... .... .... PURPOSE: 10 PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED MINIMUM AGRICULTURAL SETBACK REQUIRED FROM 300 METRES - TO 230 METRES. - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE AGRICULTURAL SETBACK ... TO 230 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BYOLAW AND IS MINOR IN NATURE. - .... DATE OF DECISION: August 8,2002 LAST DAY OF APPEAL: August 28, 2002 - .... ... ... 689 .. .. 1 ... Cl!J!mgton .. - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ... FILE NO.: MOFFAT, JIM MOFFAT, JIM 4850 WALSH RD." CLARKE PART LOT 19, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE A2002/050 ... APPLICANT: OWNER: PROPERTY lOCATION: - PURPOSE: .... 10 INCREASE THE 10TAL LOT COVERAGE BY ACCESSORY BUILDINGS FROM THE PERMITED 40% 10 69% TO ALLOW FOR CONSTRUCTION OF A STORAGE BUILDING. - ... - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT THE TWO EXISTING SHEDS TO - REMAIN FOR UP TO 6 MONTHS WHILE THE NEW STORAGE SHED IS BEING CONSTRUCTED SUBJECT TO THE APPLICANT RECEIVING HEALTH UNIT APPROVAL. .. DATE OF DECISION: August 8,2002 LAST DAY OF APPEAL: August 28, 2002 - - - - - .. 690 .... .... - Cl!J!ilJglDn REPORT PLANNING SERVICES - - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, September 9,2002 - Report #: PSD-086-02 File #: ZBA 2002-018 By-Jaw #: - Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: EIRAM DEVELOPMENT CORPORATION - RECOMMENDATIONS: _ It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 3. THAT Report PSD-086-02 be received; THAT the request for removal of Part Lot Control in respect of Block 141 on Plan 40M-1776 be APPROVED and the attached Part lot Control By-law be adopted; THAT a copy of the By-law and Report PSD-086-02 be forwarded to the Regional Municipality of Durham for their information; and - 1. 2. - - 4. THAT all interested parties listed in this report, any delegation and the Regional Municipality of Durham Planning Department be advised of Council's decision. - - - Submitted by: Da id . Crome, M.C.I.P.,R.P.P. Director, Planning Services Reviewed by(j(~ --> ~ Franklin Wu Chief Administrative Officer - RH*L T*DC*sh August 29, 2002 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE 51 REET, BOWMANVILLE, ONT ARlO L 1C 3A6 T (905)623- 3379 F (905)623-0830 691 - REPORT NO.: PSD-086-02 PAGE 2 ... 1.0 APPLICATION DETAILS .... 1.1 On June 3, 2002, Staff received a request from Eiram Development Corporation for the removal of Part Lot Control with respect to Block 141 in Plan 40M-1776, which was formerly draft plan of subdivision 18T -89041. This property is located in Part Lot 9, Concession 2, former Town of Bowmanville (see Attachment 1). More specifically, the property is located between the existing houses fronting on Maxwell Court and a future public school on Longworth Drive in north Bowmanville. .. .. .. .. 1.2 When draft plan of subdivision 18T -89041 for Eiram Development Corporation was approved, Block 141 as shown on the registered plan was intended to meld with the adjacent future school block located south of the subdivision. .... Subsequently, when draft approval for the lands to the south under draft plan of subdivision 18T-99018 - Lizjan Developments Inc., was granted, the draft conditions noted the requirement of the school block developing with the adjacent Block 141 in the Eiram (Melody Homes) subdivision. .. WIll .. When the subdivision agreement was being prepared for the Lizjan Development Inc. lands, the public school board declined its option on Block 141, noting they had no interest at this time in acquiring the property. .. .. 1.3 The removal of Part Lot Control would enable Block 141 to be divided into smaller parcels to be transferred to the abutting residential properties fronting on Maxwell Court (see Attachment 2). These resident's would benefit from the deeper lots that would be created. - .... 1.4 Block 142 within the Eiram draft plan of subdivision 18T -89041 is located east of Block 141 and has frontage on Rickaby Street. With the approval of the Lizjan draft plan of subdivision to the south, Block 142 will be melded with a block within the Lizjan lands to create a building lot. Block 141 would then become landlocked as a result of the school board declining its option on Block 141. The - ... .. 692 .. .. .. - - - - - - - - - - - - - - - - - - REPORT NO.: PSD-086-02 PAGE 3 proposal to transfer these lands to the abutting residential landowners will alleviate this potential problem. 1.5 A total of nine (9) property owners fronting Maxwell Court will benefit from the transactions. At the request of Staff, the applicant agreed that all costs associated with the trans1ers, including the land, legal fees and surveying costs would be borne by the developer. In addition, the developer from the Eiram subdivision will install the chain link fencing as required in the subdivision agreement along the southerly limits of each property. Staff received signed copies of letters between the developer's consultant and each property owner agreeing to the transfers as proposed. 2.0 STAFF COMMENTS 2.1 Staff have no objection to the approval of the By-law exempting the subject lands from Part Lot Control. Approval of the application provides affected residents with larger properties while alleviating the problem of creating a landlocked parcel. 2.2 Attached is a By-law to exempt the subject lands from Section 50(5) of the Planning Act. The Part Lot Control By-law requires the approval of Council. 2.3 The By-law may provide a specified timeframe during which the By-law shall be in force so that it is not necessary to pass a second By-law to restore Part Lot Control. Staff recommend that the By-law be in force for a one (1) year period following Council approval ending September 16, 2003. 3.0 CONCLUSION 3.1 It is recommended that Council approve the attached by-law to exempt the subject lands from Part lot Control for a period of one year. 693 REPORT NO.: PSD-086-02 PAGE 4 .. Attachments .... Attachment 1 - Key Map Attachment 2 - Lands to be 1 ransferred Attachment 3 - By-law for Removal of Part Lot Control .... .... Interested parties to be notified 01 Council and Committee's decision: - Mario Cortellucci Ellam Development Corporation 2800 Highway 7 West CONCORD, Ontario L4K 1W8 - .... Robert Filipuzzi Valdor Engineering Inc. 26 Chrislea Road, Suite 501 WOODBRIDGE, Ontario L4L 8S5 - .. - .. .... ... .... - 11IIII 11IIII 11IIII 694 .. ATT.ACHMENlf 1 - LOT 9 . - MAXWELL COURT Block 142 40M-1776 Eirom Development Corp. - - - - - Block 141 40M-1776 Eiram Development Corp. Block 139 40M-2096 Lizjan Developments Inc. GJ N W 0:: Z t- O (/) (/) (/) >- W CD () <( Z ~ 0 U () 0:: -~.- - - - Note: Block 142, 40M-1776 and Block 139, 40M-2096 to be Melded for Future Building Lot - - Block 140 40M-2096 Lizjan Developments Inc. Public School Site - - - LONGWORTH AVENUE - - _ Subject Site Block 141, Plan 40M-1776 Bowmanville Key Map ZBA 2002-018 - - 695 AnACHMENl 2 .. .... Pt AN Of SURV[ Y Of BLOCK 141 REGIS1ERED PLAN 40M-1776 MUNICIPAlIlY OF CLARING10N R[ ClONAl l.I\.JNlCIP AI.. 11 Y OF OURHAM - .... IOiiII L__________....j L---~<>.?...':'~___.l r---l \ b I R",,~ 11 R( 0 \ : I I , 9 I ~ I ,/ . I ,/,/ ~ I ,/,/ ~! I ,/,/ I ,/ c 1-/ I - I -~~ IOiiII 4 ()t.,f.1 716 L 01 ~. o~~".' ,-air , /' - - I - - - r - -. - T I I I I I I I I I ~i I ~~ I ~I I ~l :oi I ~I I ;;1 I ;;i I ,I ~, I I I I , ~~ .. ~ .. ~;~ .~ ~ MAXWELL COURT .. ~ ['t~:j~ .r't~J . '~~;J. ~:J. [Jt~~ J~-I,~:J- ~. .... ..-. _. ,.-. -, ..... ~ _. .._~ -. ..-.. _. .-.. . - - - r - - - r - - - r ~- -- - 1 - - -- - r - - - _ " ~ ~ I!~ .. ""1 t- 3 "," '" : ~). .1 ~lIJ~ .fl I E-f, ~ - ?, L__ _ L _ _ _ _ ~I ~ I - blOCl'l. .42 II '/. :. = - .~~~- :o:~~j 4t~~, ,. ,- I I I I I I 01 I I I I o. I ...i 1 c c. ~I I ;;1 I ~I I ~, I -:, I ~, I I I 1 l' I ,I - ~;~ "I 'I l.j~ ~ ~i :oJ ., s IOiiII . . v - :a ! 0< I ! I i \ -- I .. l01 .. (OJ-l(f ~~~ .. J ... .. .. Bowmanville Key Map ... ZBA 2002-018 lands to be Transferred Block 141, Plan 40M-1776 .. Owner: Eiram Development Corp. 1IIlIIII .. 696 .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW NUMBER 2002- - being a by-law to oempt a certain portion of Registered Plan 40M-1776 from Part Lot Control. - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to oempt from Part Lot Control, Block 141 on Plan 40M-1776, registered at - the Land Titles Division of Durham. - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enact as follows: - - 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: - a) Block 141 on Registered Plan 40M-1776. - 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on September 16,2005. ... 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 day of 2002 ... - ... John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk I., - - 697 - ATTACMENT S - ClfJ!.mgron - - - Meeting: - Date: Report #: - REPORT PLANNING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, September 9, 2002 Subject: PSD-087-02 File #: ZBA 2002-0024 By-law #: - REZONING APPLICATION APPLICANT: DENSIE GERRITS - RECOMMENDATIONS: .. 1. - 2. - 3. .. 4. - - .. ... - - - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-087-02 be received; THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Denise Gerrits, be APPROVED; THAT the amending by-law attached hereto be passed by Council; THAT a copy of Report PSD-087-02 and the attached amending by-law be forwarded to the Durham Region Planning Department; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. /~~~ . Reviewed b~_) --~ Franklin Wu Chief Administrative Officer Submitted by: D i J Crome, M.C.I.P.,R.P.P. Director, Planning Services SA*L T'DC*df 30 August 2002 CORPORATION OF lHE MUNICIPALITY OF CLARINGlON 40 TEMPERANCE 51 REEl, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 698 .... REPORT NO.: PSD-087-02 PAGE 2 - 1.0 1.1 APPLICATION DET AilS Applicant: Denise Gerrits - 1.2 Rezoning: 10 rezone the subject lands 1rom "Urban Residential Type One .... (R1)" 10 an appropriate zone to permit the development of a crisis care 1acility. .... 1.3 Site Area: 862 m~ - 2.0 lOCATION 2.1 The subject lands arE loca1ed at 121 Queen Street, Bowmanville (see Attachment 1). The property is con1ained within Part Lot 12, Concession 1, in the former Town of Bowmanville, on the east side of Rotary Park. .. .... .., 3.0 BACKGROUND 3.1 On June 18, 2002, Denise Gerri1s, on behal1 01 Bethesda House, submitted a rezoning application 10 the Municipality of Clarington to rezone 121 Queen Sheet to permit the development of a crisis care facility. - .... 3.2 The intent of the development of this si1e is to attain a larger facility than the previous facility that existed in Bowmanville. The existing crisis care facility in Bowmanville is now closed. The proposed 1acility will provide 1emporary housing for women and their children in crisis. - - - 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 Queen Street. .. .. 699 ... .... - - REPORT NO.: PSD-087-02 PAGE 3 4.2 - - - 5.0 - b.1 - b.L - ... - - - - - - - - - - Surrounding Uses: East Nor1h West South - Residential St. John's Anglican Church Rotary Park Rotary Park cmd the Bowmanville Creek Valley OFFICIAL PLAN POLICIES The lands are dEsignated "Living Area" within the Durham Region Official Plan. The goal of the Living ArEa designation is to provide a full range of housing. Within Clarlngton Official Plan, the subject lands are designated "Main Central Area". The Secondary Plan for the E cst Main Central Area identifies the lands as "Mixed Use ArEa". The Mixed Use Area currently contains predominantly residential dwellings. It is the intent 01 the Official Plan to allow for the conversion or redevelopment of existing structures to enhance the character of these areas. Permi11ed uses include low density residential. A crisis care facility is a low density re: sidential use and thus the proposed use is in conformity with the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently within the "Urban Residential Type One (R1) Zone", which permits a single detached dwelling unit and a home occupation use. A crisis care 1acility would not be permitted, thus the need for the rezoning application. 7.0 AGENCY COMME Nl S 7.1 The Clarington Building Division has no objections subject to the following conditions: · A change In use permit will be required 10r the project; and 69901 REPORT NO.: PSD-087-02 PAGE 4 . As ~i1e servicing drawings were not included in the initial submission, Plumbing commen1s are n01 Included at this time, but will be required prior to Si1e Plan approval. 7.2 Claring10n Emergency Services, Kavvartha Pine Ridge School Board, Durham Police Services and Veridian Conn(~c1Ions have no concerns with this application. 7.3 Claring10n Engineering Services have no objection to the application in principle. More detailed commen1s will be otiered 31 the site plan stage of this application. 7.4 Regional Works Department have no objection to this application. If a future addition IS proposed, further review and a detailed si1e servicing plan will be required. 7.5 The Regional Planning Department have no objec1ion to the rezoning applica1ion subject 10 the applicant providing a Phase 1 Environmental Si1e Assessment. The results of the Phase 1 will direc1 1he need for any further work or a Phase 2 to be conducted. 7.6 Comments were not received hom local Architec1ure Conservation Advisory Commi1tee (LACAC). LACAC does not meet again until September 17, 2002, and will be available to review any proposed additions or building modifications through 1he site plan approval process. 8.0 COMMEN1S 8.1 The applicant is proposing to develop 1he existing 218 m" (2346 ff) dwelling into a crisis care facility. The proposed facility will accommodate beds for 15 persons, associated rooms such as kitchen, living room, play areas and several s1aff offices in the principle building 69902 - ... .... - ." - ... .. .... .. ... - - .. ... .. .. ., .. - - - - - - - - .... - - - - - - - - - - REPORT NO.: PSD-087-02 PAGE 5 8.2 The applicant has submit1ed a site plan application and the drawings are currently under review by Municipal departments and required government agencies T he site plan drawings indicate a 158 m" (1703 ft2) addition is proposed to be attached at the rear of the existing dwelling Increasing the total floor area of the first and second floors 10 376 m2 (4049 ft2). The addition will not be visible from QUEen Street although it will be a two storey addition the full width of the existing dwelling. All new building materials, brick and siding, will be matched 10 the existing building materials. 8.3 The addition will contain two barrier-free washrooms, an elevator, pantry, common room. staff room and three additional bedrooms. 8.4 The existlllg neighbourhood is composed of varied land uses including, Rotary Park, Morris Funeral Chapel, the Odd Fellows Hall, the vacant Lawn Bowling Club, St. John's Anglican Church, a condominium complex, Bowmanville Senior Public School, law offices, chiropractic offices and a number of residential dwellings, some converted to apartmen1s. This land use variety has existed for a number of Yf:ars. 8.5 The subject property is within walking distance of many downtown Bowmanville services such as doctors, dentists, lawyers, personal services and retail services. 8.6 This dwelling is identified as a heritage resource. Official Plan policies require that alterations, renovations, additions or repairs are compatible and consistent with the building and surrounding area in terms of building materials, colour, height, scale and deSign, including windows, doors and roof lines. An initial review of the site plan drawings indicates that an addition will be added to the rear of the building only and should not be visible from Queen Street. Any proposed exterior alterations or additions will be subject to site plan review by the Local Architecture Conservation Advisory Commit1ee. 69903 REPORT NO.: PSD-087-02 PAGE 6 8.7 Comments from the Region of Durham Planning Department noted that pending the results from a Phase 1 Environmental Site Asse~ sment, a Phase 2 may be required. A Phase 1 study. by Gibson Associates, was received by the Clarington Planning Services Department and appears satisfactory. The closest landfill sites were located 700 metres to the west at the Bowmanville Foundry and 1.5 km northwest at the Town of Bowmanville Waste Dlspos,al site adjacent to the Bowmanville Creek (this site IS closed). There is no possibility of contamination 1rom these sites. The Ph2~e 1 also noted that no on-site contamination had occurred on the subject lands during it's use as a single detached dwelling since 1931. Thus the study concludes no further investigation is required on the subject land~. 8.8 A number of residents appeared at the Public Meeting July 1211\ 2002 and the follOWing concerns noted: 1) That the street 1ayade and windows remain the same; 2) That parking be provided on-site, not on Queen Street; 3) Sidewalks may be required on the south side 01 Queen Street with this new use being introduced; 4) Delivery trucks coming and going from the new use; 5) That crime and vandalism would increase in the neighbourhood due to the new use. 8.9 Planning Staff have reviewed the site plan drawings submitted and are satisfied that the street fayade of the existing dwelling will remain as it appears now. The addition will be located completely in the rear yard and which will be enclosed by a 1.8 metre board fence. The main entrance for the crisis care facility will be a side entrance, not the front door 1acing Queen Street. Security for this door will provided by a gated driveway and gated pedestrian entrance accessed only by security pads. 69904 - .... .. - .", ... .. .. """ .. .. - - .. - ... .... IIIIi .. - - - - ... - - - - - - REPORT NO.: PSD-087-02 PAGE 7 8.10 Parking 10r the crisis care 1acility will be provided on- site. Six (6) spaces are shown on the site plan in accordance with the :toning by-law requirements 10r width and length. The existing gar age will remain at this time and is of adequatE SI7e to accommodate an 3ddltional two motor vehicles. The 20ning by-law amendment accompanYing thiS report will require a minimum of six outdoor parking spaces to ensure that parking is provided on-site. Bob Burke, Chair 01 Bethl:'sda House, noted that the majority of woman using the crisis care facility do not br Ing their own cars and S1a1i generally occupy the parking spaces. 8.11 Sidewalks exist on the majority of both the north and south sides of Queen Street. ThE sidewalk on the south side 01 Queen Street ends on the west side of Rotary Park. Engineering Services does not have any proposed plans in the immediatE five YEar 10recast to construct sidewalks in this area, as there is no additional need 10r sidewalks in this area 01 only single detached dwelllnQs. Engineering Services are ~ atisfied that the sidewalks that are provided are adequate to accommodate the mi>:ed uses located on Queen Street. 8.12 At the Public Meeting the Director of Bethesda House, Bob Burke, addressed conu::rns regarding delivery trucks. As Bethesda House essentially operates as a - single detached dwelling there will be no more delivery trucks coming to the house then would be anticipated for a single detached dwelling. ... - - - .. - - 8.13 Bethesda House is very conscious of their need for security and will be providing gated aCCESS to their dwelling, a continuous 1.8 metre board fence along the perimeter of the property in the side and rear yards as well as several security cameras to keep their property secure. They are willing to work with the neighbourhood residents, local police and the Municipality should it be necessary, but based on other crisis care 1acilities operated previously in Bowmanville and in 69905 - REPORT NO.: PSD-087-02 PAGE 8 ... other Municipalities they do not anticipate an increased level of crime in their neighbourhood. - 10.0 CONCLUSIONS - 10.1 Based on the comments contained in this report. it is respectfully recommended that the re20ning application be APPROVED. ." ..... Attachments: .- At1achment 1 - Key Map Attachment 2 - Amending By-law - Interested parties to be notified of Council and Commit1ee's decision: Mike Fagan 117 Queen Street Bowmanville, ON L 1 C 1 M7 Bob Burke 120 Roser Crescent Bowmanville, ON L 1C 3N9 .. - Mavis Carlton 119 Cove Road Bowmanville, ON L 1 C 3K3 Lyle McMahon 143 Queen Street Bowmanville, ON L 1 C 1 M7 - Lynda Carder 35 Brown Street Bowmanville, ON L 1 C 2R2 - Ken Lynch 120 Queen Street Bowmanville, ON L 1 C 1 M8 - - Dan Maclean 135 Queen Street 80wmanville, ON L 1 C 1 M7 - Francis Ivy 45 Queen Street Bowmanville, ON L 1 C 1 M3 - .. .. 69906 .... ZBA 2002-02&i Zoning-Sy.law Amendment - " - - - Roiorv ..' F-ark QU(; ('~ Sl'l?, ~ <0- ~ - - .. - - - - - .. - - Bowmanville Key Map 1%U0J4~ ~'V < '1(~llO_~ER~ 'tG' (.(~ ~ CARLISLE A s~ J;- ~ ~ ~ ~C' ~~~ 1'/ t1~~^'('(>~ rOt /' ~ <Y ~ Nz "- ~ .~~ 69907 - Owner: Merrill D: Brown - __L:J ISubject L Site - - ATIACHMEN'f 1 / / / 1tlfl'"AC+fMEfttf .~ ... CORRPORA1ION OF lHE MUNICIPALITY OF CLARING10N BY.LAW NUMBER 2002- ... being a By-law 10 amend By-law 84-63. lhe Comprehensive Zoning By-law for the former T own of Newu";stle till - WHEREAS, lhe Council of the Corporation of the Municipality of Clarington deems il advifable 10 amend By-12w 84-63, as amendpd. of the Corporation of the former lown of Newcastle to implement ZBA. 2002-024; - NOW lHEREf-ORE BE IT RESOLVED THA1, the Council of the Corporation of the Municipality of Clarington enacts as follows ... 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL (R1) ZONE" is hereby emEnded by 2dding thereto the follOWing new Special Exception 12.4.56 as follows: ... .. "12.4.56 URBAN RESIDENTIAL EXCEPTION (R1-56) ZONE Notwithslanding Section 12.1 and 12.2, these lands zoned "R1-56' on the Schedules to this By-law, in addition 10 other uses permitted in the "Urban Residential Type One (R1) Zone" [T,ay also be used for a crisis care facility subject to the following definition and 2 one regulations: - till a) Definitions i) Crisis Care Facility A crisis care facility shall mean an establishment operating as a single housekEEping unil end used for the short term accommodation of persons, who live under supervision and who require a temporary living errangement for their well being. - - ii) Private Amenity Area A private amenity aree shall mEan an erea immediately abutting a dwelling that is designed end intended for the exclusive leisure and recreational use of the occupants of the dwelling. .... d) e) f) g) h) Lot Frontage (minimum) Yard Requirements (minimum) Front Yard Front Yard Landscaped Open Space (minimum) Lot Coverage (maximum) PTlvate Amenity Area (minimum) 18 metres b) c) ... 8.9 metres 65% 40% 75m2 localed in the rear yard No parking space shall be permitted in the front yard landscaped open space area. Parking (minimum) - .. 6 outdoor parking spaces ... 69908 - ... ... - Fage 2 :: Schf-dule '3" to By-Iew 84-f<: c;~ i-:I1'(cnded, is hereby further omended by ct,c,n91n9 the Lone designation iron - - "Llrt Con KF,:dEntial bception (K1) /(T,E' to "Urban Residential bceptlon (R1- 26) Lone' cS illustrated on the ot12ct-,ed Schedule "A" hereto. 3. Schedule "A' et1ached hereto shall iorm ;:;art of the By-law. - 4 1his By-~Ciw st',all come into Ffie-ct on tnf': ('Cote of the passing herf-of, subject to the prov:~ions of Section 34 of the Planning Act. - - BY-LAW rldd a first time this cay 01 7002 - BY-LAW If Cod a ~econd time this cavof 7002 - BY-LAW rE 2C 0 third time and flnolly pCo,spd thl~ day of 7002 - - ,!ohn Mut1on, Mayor - P2t1i L. Barrie, Municipal Clerk - - - - - - 69909 - ... This i;-S~chedule "A'-'lO B-y~law 2002- =, J passed this _ day of _ ~ 2002 A.D. '''-'-, Rotary Fark Qv(:'x (/1 SI1: ~ <0 / / ~ 1>>><1 20ning Change From"R1" to"R1-56" John "'"ulton. ","oyor Fctti l. Borrie, ~unicipol Clton Bowmanvllle 69910 .. .. .. .. - .. .. ... ... .. - .. .. - .. .. III ... .. Cl!1!:lIJgton - - - Meeting: - REPORT PLANNING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMIlTEE Date: Monday, September 9,7002 - Report #: PSD-088-02 File #: ZBA 2002-013 By-law #: - Subject: REZONING APPLICATION APPLICANT: GllBE RT 1 ROLLY - RECOMMENDATIONS: - - 1. 2. - 3. - 4. - - - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT F-eport PSD-088-02 be received; THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 2 be forwarded to Council for approval; THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by:Q~ ~ ~ Franklin Wu Chief Administrative Officer Submitted by: ____ David . Crome, MC.I.P.,R.P.P. Director, Planning ServlcH - BR/L T IDC/df 7 August 2002 CORPORATION OF THE MUNICIPALITY OF CLARING10N - 401 E: fViPERANCE 51 REET, BOWMANVIL LE, ONT ARlO L 1 C 3A6 1 (905)623- 3379 F (905)623-0830 - - 69911 REPORT NO.: PSD-088-02 PAGE 2 Will 1.0 APPLICATION DETAilS ._._____ _ ____"'u_ .. 1.1 Owner: Gilbert Trolly 12 Applicant/Agent: (~,ame as above) - 1,3 Rezoning: 110m "Agricultural (A) Lune" to "Urban Residential1ype Two (R2) Zone" in order to permit the creation of two (2) lots for single detached houses. ... 1.4 Area: 2,712.6 m2 (0.67 acres) - 1.b Location: The area subject to the proposal is located at 11 Bradshaw Street, Bowmanville. The more formal location description is Part Lot 9, Conce~sion 2, 10rmer Town of Bowmanville. .. 2.0 BACKGROUND -------~-,._~ ---- .. 2.1 On April 11, 2002, the Planning Services Department received an application to amend Zoning By-law 84-63 in order to permit the development of two (2) single detached dwellings. .. .. 2.2 A public meeting for the rezoning was held on June 3, 2002. .. No one spoke in objection to/with concern for the rezoning and no one spoke in support of the rezoning. - The owner/applicant, Mr. Gilbert Trolly, advised that there is good drainage on the land and that a surveyor has noted that this is the best use for this land. - .. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES - __~._ _n_.__ ___~__._.__.__..,,__.___ 3.1 The topography of the subject property is flat and it has an existing house that will remain. The portion of the subject property to be severed for two (2) houses is vacant. - - ... 3.2 The surrounding land uses are as follows: North - Urban Residential with single detached dwellings South - Hydro Sub-station .. 69912 .. .. PAGE 3 .. REPORT NO.: PSD-088.02 - - 4.0 - 4.1 - 4 r- .L - - East - West - Urban Residential with semi/link dwellings Bradshaw Street and beyond, Urban Residential with single detached dwellings OFFICIAL PLAN CONFORMITY --_...~------~ Within the Durham Regional Offir:ial Plan, the ~ubject property is designated as Living Area in the Bowmanville Urban Area. The application conforms. Within the Clarington Official Plan, the subject property is designated as Urban Residential. The application conforms. b.l 5.0 20NING BY-LAW COMPLIANCE - - - 6.0 6.1 - - - - - - - - - Within Comprehensive 20ning By-law 84-63 of the former Town of Newcastle, the subject property is 20ned "Agricultural (A)". The proposed development does not conform, hence, the necessity for the submiSSion of a rezoning application. AGENCY COMMENl S The rezoning application was circulated to various agencies and other departments and the following indicated no concerns: Separate School Board, Public School Board, Central Lake Ontario Conservation and the Clarington Emergency and Fire Services Department. The French-language Separate and Public School Boards did not offer comments and it is assumed they have no concerns. Comments received to date are as follows. 6.2 The Clarington Engineering Services Department offered no objections in principle to the application. Detailed comments pertaining to any future severance applications will address all servicing issues through the Municipality's Design Criteria and Standard Drawings, cash-in-lieu of parkland requirements and front ending agreement costs as applicable to the property. The Building Division has no concerns. The applicant has been forwarded a copy of these potential comments. 69913 REPORT NO.: PSD-088-02 PAGE 4 6.3 Veridian Connections also offered no objections to the application, noting the applicant will be required to submit an application to obtain specific approval of any electrical service arrangements and related works associated with the development of thEse lands through the Land Division Committee process. Any and all works must comply with the Corporation's requirements and specificat ions. 6.4 The Regional Works Department noted municipal services to the proposed lots were installed with the reconstruction of Bradshaw Street. At the time of construction, five (5) sets of service connections were installed to the subject property. The existing dwelling, 11 Bradshaw Street, utilizes one (1) set of service connections. The applicant will be required to pay sanitary sewer and water frontage charges on approximately 23.165 metres and sanitary sewer and water main connection charges for two units through the severance process. 6.5 Staff notes, although an additional three (3) sets of sewer connections were provided at the time Bradshaw Street was reconstructed, the applicant has indicated he only wants to create two larger residential lots instead of the three (3) originally contemplated. There is adequate frontage and a set of service connections for one more residential lot on the subject property, south of the existing dwelling, which the applicant may choose to develop at a later date. 6.6 The Regional Planning Department commented that the proposal conforms to the "Living Area" designation in the Regional Official Plan, reiterated Regional Works Department comments, and noted that since the subject property is located within 50 metres of Concession Street East which is identified as a Type "C" Arterial Road in the Regional Official Plan, there is potential1or noise impacts from vehicular traffic along Concession Street East. A noise report submitted by a qualified acoustical consultc1nt summarizing any noise attenuation requirements in accordance with the Ministry of the Environment and Energy Noise Guidelines will be required through the severance process. 69914 .. - .. ... - .. .. ... .. - - .. - .... - .. ... ... .. - REPORT NO.: PSD-088-02 PAGE 5 - 7.0 STAFF COMMENTS 7.1 The applicant has ~ubmitted applications 10 the Land Division Committee to create the lo1~. The comments/concerns of Veridian Connections, Regional Works, Regional Planning and the Clar Ing10n Engineering Services Department will be impcsed through conditions 01 approval and/or the execution of a land division development agreement. - - - - 8.0 8.1 CONCl USION - It is respectfully recommended that 1he reioning of all of the 11 Bradshaw Street property 1rom "Agricul1ural (A) Zone" 10 "Urban Residential Type 1wo (R2) Zone" be APPROVED as contained in the attached Zoning Amendment By-law. - Attachments: - At1achment 1 - Si1e Location Key Map and Property Plan Attachment 2 - Zoning By-law Amendment - List of interes1ed parties 10 be advised of Council's decision: - Gilbert Trolly R. R.#3 _ Bancroft, ON KOL 1 CO Mr. Peebles - 7 Kershaw Street Bowmanville, ON L 1 C 4S4 - - - - - 69915 - "".~ --- TI7 ..., r;..I: ............. ....... ~--<1 ~ ....J,.....q ~ ~ ~ ~ ~ ~ V') S/ ", "4~ I 14.. ~, I;~ #0.... '] w.o..,. t>~" ,,~ .~ ... 7 44~~ ,~ _.lL" ~ ...... 'J---:".. .../ l01 - 7e2~ ~ KS[ - Xl17e ~ Cc_ "9" - ~_ . ~"".J /' I I t--~ I I . I I , I J-,,~ I ..,1 ....~ 4.J I ~.27e _2.!..... lOT .. 7~ ~ liS( - 10\ 7e .~ Cove "9" - ~ . .........., r: ~ : N ~J...~.. --'~~~ " '. !l"}' ',' , r , r ~$.. . JlO ,., .. .~ ..---.~ -tJ'"J ~; UI ~.2ee ~ "" ~ V') ~ "" ~ ~ ""~ .'11_, .... '1......, ..,~~ .... 1 ,1<(>.) """"," .. ,"I(" ~. -.-"J.", -.A..J..., -t~"tl' :.!..,I'. .....-...,,~ -~.~ ~....... lOT - tKJ7.e ~ HS[ - ~ -.;.rr, ~ - ~.5 . -AJ. "" ~ ~_I"J .... .I...,...J .... ........ IJ .u I I I I , I I '"'lii ...~ I ~---- 1"'-..." L___________ ...".1 CONCESSION "'" l!~~!c:H ME Nl ~ - ~- I t~--- .. "~f /.. A..-.'J .. j j .. ~. -- OJ .~ ... '4.J -\ ~.... .IJ t - "~_i"''' ~ t .. ~...... .. .. ~-.# ~ ... " j j .. ............. ..........., ~-J, r~ ........ ............ ~y. - '. .... ....., - .. STREET E A S T Bowmanvtlle Key. Map ~ . L . J'---, -~~~ ,~~~ ~~J - l__ __ \.1. rR~' ;r-- ~.,.'~ J J J _ C=::J 11 ~~C .... ZBA 2002-013 Zoning By-law Amendment .. .. Gilbert Trolley 69916 ... .. - All ACHME Nl 2 CORPORAl ION Of 1 HE MUNICIPALITY Of CLARING10N BY.LAW NUMBER ~002. - - tiEing a By-law to amend By-i2w (4-b3, tile Comprehensive Laning By-law 10r 1t If' COt poration 01 the 10rmer -Ic,wn 01 Nt-weestle - - WHE REAS the Council of the Corpol211on 01 the Municipality of ClaTlng10n df-ems it advisabie 10 "mend By-law 54-63, as en'Enof-d. o11he Corporation 01 the rv'lunieipa\ity of Clanng10n 10r ZBA 7002-013; - NOW lHE:RcF-ORE BE \l RESOLVED lHA1, the Council of the Corpolation of the Munlcl~dllty 01 Clarington enacts as 1011ow~ - 1. Scllf-dule "3" to By-law 84-6::, 2S dmEnded, is hereby further amended by cl ,,,r,~IrIQ the Lone designation 11c,m "Agricultural (A) Zone" to "Urt,an Residential "j ype 1 wo (R2) Zone" as illL!stla1eo on tht attached Schedule "A" tleretc - - <:. Sctlt-dule "A" attached hereto shall10rm r,art of this By-law. 3. 1 his By-law shall come into etit-c1 on the date of the passing here01, subject to the provisic1ns of Section 3401 the Planning Act. - - - EY-LAW redd 811rst time this day 01 2002 BY-L/Wv read a second time this cay of 2002 - BY-Lf..,W rted a third time and flrlally r2ssed this day of 2002 - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - - - 69917 r--~---~-- ! This is Schedule "A" to By-law 2002- passed this _ day 01._, 2002 L _________ A.O: ] .... t 1 \ 1 i 1\ i I I i, 'l" ""'-, ~J I '" I /, : ""\1 rv. ~ \ I i-i t: J:1, .~ "- "- c.. .... v. ;-') - ... :t '" ~ ... c.. <:t I I ~..-i ~ I i I nlJ .~ ~vi ~ II'~~ I : ~ " 'i..:""l I -- -- --- ---- --- ~". '-- CCNCESS/ON STNEET EAST ~ ZONING CHANGE FkOM .N 10 .R2. John Mutlon. MEyor FEW l. BErn.. Municiplll C16rl< ~"~ ~ t--- - ~~ HLn 0'" PL} ~ ',~ ",.""T--,,"[~ '" ------- ,..r ('~\L ;0 - - ---~ -- - ~ <<~ 51, ~ r , ! i ~[_H"K ~ '''C'.'DN h -I'" ~ I b~1 . J ~::r,",n~i u, ~:~ ) [ ;'_0 ((IN(I~~.ON 1-' ~lRlf1 LASl CONC!~SION ~lR(fl LASl --I~I I f\ BOWMANVILLE ___n_-.J~ --1- J ~ " a-'~, : 9LI,,"0[~ ,t.\I'{NU( I (-_n ElORlAN( J~ 1 ( - Ii ;.lR((l W[Sl ... - - - - .... .... - .. ... - - - - - .. .. .. 6991A - - - CI!1!ilJglOl1 REPORT PLANNING SERVICES PUBLIC MEETING - - ME€ting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - D2te: Monday, September 9,2002 - Report #: PSD-089-02 File #: ZBA 2002-026 By-law #: - Subject: APPLICATION FOR REMOVAL OF PART lOT CONTROL APPLICANT: S1 EPHEN PUSTll ON BEHALF OF PENWEST DEVELOPMENT CORPORATION LIMITED - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 1 HAT Report PSD-089-02 be received; - 2. THAT the request for removal of Part Lot Control with respect to Lots 1-18 inclusive and Lot 42, on 40M-2094 be APPROVED and that the attached Part Lot Control By-law be PASSE D pursuant to Section 50 (7.1) of the Planning Act; and - 3. THAT all interested parties listed in this report, any delegation and the Regional Municipality of Durham Planning Department be advised of Council's decision. - - Submitted by: _ Davi . Crome, M.C.I.P.,R.P.P. Director, Planning Services drJQ2~ Reviewed by: Franklin Wu Chief Administrative Officer - _ AR"L l"DC"sh August 28, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 401 E MPERANCE SlREE:T, BOWMANVILLE, ON1ARIO L 1C 3A61 (905)623- 3379 F (905)623-0830 - 69919 - PAGE 2 REPORT NO.: PSD-089-02 - 1.0 APPLlCA1ION DETAilS - 1.1 Applicant: Stephen Pustil on behalf of Penwest Development Corporation Limited. - 1.2 Location: Part Lot 9, Concession 2, former Town of Bowmanville (Attachment 1). ... 2.0 BACKGROUND - 2.1 Draft approved plan of subdivision 18T-97003 was given final approval and registered on title as plan of subdivision 40M-2094 on July 5th, 2002. This plan of subdivision consists of 19 lots for semi-detached dwellings (for a total of 38 units) and 27 lots for single detached dwellings. ... ... .. 2.2 On July 29, 2002, Staff received a request from Mr. Steve Pustil on behalf of Penwest Development Corporation Limited for the removal of Part Lot Control in respect of Lots 1 to 18 inclusive and Lot 42 on Plan 40M-2094. The removal of Part Lot Control will permit the construction of semi-detached dwellings on these lots. .. ... - 2.3 Staff has circulated notice of this application to the Region of Durham Planning Department and the Clarington Engineering Services Department. At this time, no comments have been received; however, these agencies did not have concerns when the original plan was given draft approval. - - .... 3.0 STAFF COMMEN1S 3.1 The removal of Part Lot control facilitates the creation of semi-detached lots as contemplated in the draft approval of the plan of subdivision. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a period of three (3) years following Council approval, ending September 9,2005. .. - .. 69920 ... ... ... - - - - - - - - - - - - - - - - - - REPORT NO.: PSD-089-02 PAGE 3 3.2 At1achment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Fart Lot Control By-law and the unit type and number to the Part Lot Control By-law. 4.0 RECOMMENDA110NS 4.1 Staff has no objection to the approval 01 a By-law exempting the subject lands from Part Lot Control as provided for in the at1ached By-law (At1achment 2). At1achments: At1achment 1 - Key Map At1achment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit 1ype and Number Summary Table List of interEsted partiEs to bE advised of Council's decision: Stephen Pustil Penwest Development Corporation Limited 390 Bay Street, Suite 1710 Toronto, Ontario M5H 2Y2 Sydney N. Conn Fogler, Rubinoff LLP Suite 4400, PO Box 95 Royal Trust Tower Toronto Dominion Centre Toronto, Ontario M5K 1 G8 69921 AJT~pf1~--." .. CONCESSION STREET EAST ----~-r '. - - ---~~~ \~ -n.~.---l-1 - I--~ ~ --. - ..-!--+ ~- II _ ~ ~ , ..J____~_\C><~.~~-. ~T-- \- ... ... ... DADSON DRIVE .- '.rT~p w ~ Z ~ 4{ ... w ~ 0: o 0: W .. ...... ., ~., 2 3 4 5 6 7 8 9 46 DADSON DRIVE C/) Z Er <[ w :l ... 45 t- W ...J .. W 0: ~ << I~ g ~ 17 16 15 14 13 12 u 10 43 ... - c4 ?5 26 27 28 C'9 30 31 ,en.. "".. 'en.. ... 042 SQUIRE FLETCHER DRIVE !~ I":' i:f'J ~\:7 .: ~ ~ ~ <[0: :to o 0: o ... Block 049 ... /-- .. ... ZBA 2002-026 Part lot Control Lots 1 to 18 incl. and Lot 42, Plan 40M-2094 ... - Owner: Penwest Development .. .. 69922 ... - 1 HE- CORPORAl ION OF T HE MUNICIPALITY OF CLARINGl ON - BY-LAW NO. 2002- - being Ci By.law to oempt Ci cH~ain portion of Registered Plan 40M-2094 1rom F 2rt l at Control - WHERE.A,S the Council of the Corporation 01 the Municipality of ClCirington OE-ems it 2dvisable to oE:mpt 1rom Fart lot Control, Lots 1-18, inclusive, and Lot 4~ on 40M-2094, registE:red at the land 1 itle Division of Whitby; - NOW THE-REFORE BE 11 RESOL VED THAT the Council of the Corporation of thE: Municipality of Clarington enacts as follows: That Subsection 5 of Section tlO of the Planning Act shall not apply to thcse lanes dEscribed in Faragraph 2 within the By-law That this By-law shall corne into Efiect upon being approved by the Munici~,ality of Clarington E1nd thereafter Subsection 5 of Section 50 shall (use to apply to the following londs: a) Lots 1-18, inclusive, and Lot42 on 40M-2094. Pu~uant to Subsection 7.3 of Section 50 of the Planning Act, this By-law s hall be in force for a period of three (3) YEars ending on SEptember 9, 2005. - This Ey-Iew shall corne into etlE:ct on thE CetE of the passing hErE01, subjHt to thE: provis ions of Section 34 of the Planning Act. - BY -L.AW fE ad a first time this Cey of 2002. - BY-LP,W rEad a second time this day of 2002. - BY-LAW read a third time end flnclly passed this day of 2002. .. JOHN MUTl ON MAYOR -j - - PAnl L. BARRIE MUNICIPAL CLERK - 69923 - "," -~~~:....c:,. A'n\'CH~J=~f , AtrT"Cf4MEHf" .. PART lOl CON1ROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE .. Registered Plan: 40M-2094 By-law: .... ... Result of Part lot Control Exemption on Unit lype and Number ... Lots/Block5 Affected Unit Type (Number) Results ... Lot 1 Semi-Detached Dwelling (2) No Change lot 2 Semi-Detached Dwelling (2) No Change ... Lot 3 Semi-Detached Dwelling (2) No Change Lot 4 Semi-Detached Dwelling (2) No Change ... Lot 5 Semi-Detached Dwelling (2) No Change lot 6 Semi-Detached Dwelling (2) No Change ... Lot 7 Semi-Detached Dwelling (2) No Change Lot 8 Semi-Detached Dwelling (2) No Change ... Lot 9 Semi-Detached Dwelling (2) No Change Lot 1 0 Semi-Detached Dwelling (2) No Change .... Lot 11 Semi-Detached Dwelling (2) No Change Lot 12 Semi-Detached Dwelling (2) No Change ... Lot 13 Semi-Detached Dwelling (2) No Change Lot 14 Semi-Detached Dwelling (2) No Change ... Lot 15 Semi-Detached Dwelling (2) No Change Lot 16 Semi-Detached Dwelling (2) No Change ... lot 1 7 Semi-Detached Dwelling (2) No Change lot 18 Semi-Detached Dwelling (2) No Change .... Lot42 Semi-Detached Dwelling (2) No Change .. Total 38 Units No Change ... 69924 .. .. ... - ClfJ!.wgron REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: ... Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, SEPTEMBER 9, 2002 Resolution #: EGD-37 -02 File #: By-law #: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR APRIL, 2002. ... Recommendations: - It is respectfully recommended that the General Purpose and Admini~tration Committee recommend to Council the following: ,. 1. THAT Report EGD-37-02 be received for in1ormation. - - ... - ... - Submitted by: ~ _ A. S. Cannella, C.E.T. Director of Engineering Services ~\ /) O. ~k' ,- I. -- Reviewed by: [ -----~ 4. Franklin Wu Chief Administrative Officer - - ASC*bb July 23, 2002 - 701 - REPORT NO.: EGD-37 -02 PAGE 2 ... ... 1. BACKGROUND: 1.1 With respect to the Building Permit Activltv lor the month of April 2002, Staff wish to highlight the following statistics for the information of Committee and Council. ... .. MONTH OF APR YEAR TO DATE YEAR TO DATE 2002 2002 2001 ... Permits Issued 109 170 168 VALUE OF CONSTRUCTION I - .... Residential $9,249,050 , $26,785,291 $16,115,557 -..-- o I, $368,142 I - Industrial $394,050 - ----- -- , _.~._.- -- ... Government $5,000 I $55,000 i $177,500 - ----- I - - Commercial $132,936 I $158,261 i $ 1 , 1 72,784 0\ , ... Institutional $957,620 ; $54,000 -----. Agricultural $317,150 i $356,250 i $437,800 o! - $420~--.- -- ... I Ontario Hydro $94,000 , $435,145 I Miscellaneous I $288,145 I 0 $9,992,281 I $29,535,709 I ... TOT AL $18,445,691 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 eONSTR TYPE tOeA T ION VALUE $300,000 .... Morton, Paul Farm Building 2228 Baseline Road ... Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical Comparison of Building Permit - III .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-6506 ... 702 .. .. Municipality of Clarington Building Services - Monthly Activity Report April 2002 .. BUILDING PERMIT ACTIVITY 200~ 200] --- - Apri] Year to Date April Year to Date ,----....- -.--- n M ]2] ]4 69 10 50 12 40 0 8 0 8 1 2 0 0 .--- 10 30 22 72 69 211 48 189 0 3 0 0 - ---- - - Type of Comtrurtion Residential: Sin",1e Detached Semi- Detached 1 ownhOUS( I I I Other Construction I Su~ Tot~ New Bui]dm~ I ---~----~--I AdditlOn!AIt Su A panmeD1 ... - Industrial: eration 0 2 I 0 , 0 i .~ I I b Total 0 5 0 3 ~ 0 0 I 0 0 ----------- I eration 1 2 I 0 I 0 - Government: New Buildm Addition!AIt N'= BUil;:~-TO~ Commercial: 1 o 2 o 1 o 2 o ... - --- ---....- --... ---" \ Addition! A Iteration 3 4 0 0 " ---- .-- Sub Total 3 4 I 4 11 .--- -- - - Institutional: New Bui]dmr 0 +--t- 0 0 I ~---_.__._~- _.----- - -~ _._-_._~-~ I AdditJon!AlteratlOn 0 ] . 0 0 r--- _.._,---- Sub Tota] 0 I 2 I 2 I 6 , , Agrirultural: l'ew Bui]dmg 2 I 3 0 0 ! Addition! A Iteration 0 1 0 0 I --. Sub Total 2 I 4 I 1 I 5 i , , Ontario Hydro: New Building 0 I 0 \ 0 i 0 I , f- I I Addition! A Iteration 0 , 2 0 0 I I I I , Sub Total 0 I 2 \ 5 I I 1 i HV AC. Plumbing & Misrellaneous: 22 36 0 0 I Demolition: 5 6 2 6 TOT ALS 102 I 272 59 227 CONSTRUCTlON VALUE I 2002 200] ! I Apri] I Year to Date Apri] I Year to Date , Residential: $9,249,050 I $26,785,291 $4,367,072 I $16,115,557 , .'-- - ---_.-- $394,050 I Industrial: 0, $368,142 o . - --- n - -_..--- Government: I $5,000 $55,000 $6,000 $177,500 I >----------- ------ $998,984 I $1,172,784 ! ! Commercial: , $132,936 $158,261 I Institutional: , ~ $957,620 $38,000 ! $54,000 I , - --- I $437,800 I I Agrirultural: $317,1 50 $356,250 $120.000 I "----- -- -- -"-' $94,000 I I Ontario Hydro: , 0 $420,000 $30.000 : r---- ---- 01 Miscellaneous: $288,145 $435,145 o '. ~ -...... TOTAL $9,992,281 $29,535,709 I $5,560.056 ' $18,445,691 - ... .. .. -, ... ... - ... - 7n~ UJ April 2002 PERMIT FEES April I Year to Date --- $78,81~ I $228,456 2001 April I Year to Date I $46.657 I $154,881 2001 2002 Building InspectJOn~ Plumbing lnspection~ April 34~ 426 774 Year to Date April Year to Date TOTALS 1408 1502 2910 TS 200:: 2001 Single Detached Semi-Detached Townhouse Apartments April 48 I 10 C==9- \ 519 Year to Date I Year to Date April 14 12 o o 26 69 40 8 o 117 TOTALS 121 50 8 -~.._. 2 181 _ALDATA...... nF.N I<W RESI lITSBYGEOG~ ,',...... .,,': < . i YEAR: 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 I AREA (to month) Bowmanville 91 312 188 184 I 313 423 217 229 I 406 301 532 Courtice 36 129 231 296 254 295 331 170 388 232 204 Newcastle 26 76 110 78 4 5 3 4 6 22 Wilmot Creek 11 24 19 I 21 I 33 21 16 16 I 10 10 10 Orono I 1 I I 1 2 3 3 Darlington 6 47 102 31 14 20 17 21 11 9 14 Clarke I 6 9 17 17 I 12 20 10 7 I 8 6 6 Burketon 1 I 1 2 2 1 1 Enfield 3 Enniskillen 5 7 6 3 7 3 1 1 Hampton 1 1 1 2 1 2 2 1 3 1 Haydon '1 1 2 1 I - Kendal 1 2 ! 1 I i I i ! ---- Kirby 1 I I -- Leskard I 1 I I , Maple Grove I i I I 1 I , I - I Mitchells Comen 1 I i I ! I ----- ---- , I I Newtonville 3 , 1 2 I 2 1 I I , -- -- - Solina 1 1 i ! I I I 1 1 1 , -. -- -- I Tyrone 1 3 ! . TOT ALS 181 609 679 640 636 801 6 1 447 I 7n4 I 0 I 834 I 572 I 797 11III .. .. ... ... ... .. ... .. .... ... .... ,w ... ... .. ... .. .. - - ClfJ!.mgron REPORT - ENGINEERING SERVICES DEPARTMENT - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: - Date: Report #: - Subject: - MONDAY, SEPTEMBER 9,2002 Resolution #: EGD-38-02 File #: By-law #: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2002. - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. :rHA T Report EGD-38-02 be received for information. ... - - - - Submitted by: A. S. Cannella, C.E.l . Director of Engineering Services (-) ~ -~~ Reviewed by\.-) - ___ Franklin Wu Chief Administrative Officer - - ASC*bb _ July 23, 2002 - 705 - REPORT NO.: EGD-38-02 1. BACKGROUND: PAGE 2 ... ... With respect to the Building Permit Activity for the month of May 2002, Staff wish to highlight the following statistics for the information of Committee and Council. ~N\~gF MAY \ YEAR26~2DA1F ' YEAR26~,DAn Permits Issued: - -114 386 - - - VALUE OF CONSTRUCTION $10,748,782 $37,534,073 I -------- o $368,142 $250,000 $305,000 _$10~ $168,261 o I $957,620 , $25,000 I $381,250 $10,000 I $430,000 u_ $108,729 I $543,874 ! $11,152,511 I $40,688,220 I 1 .1 Residential Industrial Government Commercial Institutional Agricultural Ontario Hydro Miscellaneous TOT AL .. - .. 316 - $21,964,318 $394,050 $177,500 $1,285,654 $54,000 $575,300 $94,000 o $24,544,822 .... .. .. ... ... 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 Munic of Clarington : Renovation ..................-......................... -.. 103 Caroline Street .... Attachment #1 - Monthly Building Permit Activity Repor1 Attachment #2 - Historical Comparison of Building Permit ... VALUE $250,000 .. .. .. ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-6506 706 .. .. ... Municipality of Clarington Building Services - Monthly Activity Report 1\13)1 2002 ,_uu_ ~------- I I I Sub Total 0 I 2 0 i 6 I I Agricultural: New Building I 1 4 I 1 0 i I I I i Addition! A heratJon I 0 1 0 0 I I Sub Total I 1 5 I 1 6 I Ontario H~'dro: New Building I 0 0 0 I 0 I Addition! A Iteration 1 3 0 0 - I I Sub Total 1 3 I 0 I 5 r HV AC Plumbing & Miscellaneous: I 37 73 I 0 I 0 Demolition: 3 9 I 8 \ 14 TOTALS 114 386 T 89 I 316 CONSTRUCTION VALUE I 2002 2001 I i May Year to Date May l Year to Date 1--- i Residential: $10,748,782 $37.534,073 $5,848,761 I $21,964,318 - -------..---- ---_.-- ------ --- -._------ 0\ lndustrial: 0 $368,142 $394,050 --_.-- Government: $250,000 $305.000 . o I $177,500 [C(lmmercial: ---- ~_.-- i I $10,000 $168,261 I $112,870 I $1,285,654 - - $957,620 : 1 lnsti1utional: 0 o . $54,000 1 I !A~ricultural: $25,000 $381,250 " $137,500 i $575,300 - -- --- I Ontario Hydro: $10,000 $430,000 I ~ I $94,OO~ I r Miscellaneous: -- $108,729 $543,874 . r - ~.,- $6,099,131 I $24.544,822 \ ! TOTAL $11,1.52,511 1>40,688,220 I - =ap ~ =-0'=- - - I ~ --- - 1 ype of Construction Residential: Single Detached Semi- Detached Townhouse - A partmenl Other ConStTUC1JOL -~~b~ota] =t lndustrial: New Buildinr Addition! AlleralJoJ: _ _ SU~Total-~ Government: New Buildmr Addition! A 11eraliOlJ SUb-!~ta]=1 Commercial: New Buildinr Addition!AherallOr; Sub Total :J ]mtitutional: New Buildmr Addition! A IteratJOlJ - - .. I - f ---- I - - - ~ - - - - - - - May 40 16 o 1 13 70 o o o o 1 1 o 1 1 o o 2001 I "\ ear to Dat( ~- May \-- 161 u: 20m 6t 8 ':) 42 281 3 ~ 5 (i ':) v 3 o b 5 7n7 24 14 o o 39 77 o o o o o o 3 o 3 o o ~--~ "\' ear to Date \ 9: I I 54 8 o 111 266 o o 3 o o 2 o o 14 o o May, 2002 ... 200:' Ma~ --i--Year to Date $88,915 i $317,371 Year to Date $204,000 2001 May ~ $49.119 , .. I I PERMIT FEES 200:' .. --r -- May Year to Date May Year to Date I Building Inspectiom 49?- 1901 I Plumbing Inspectiom 367 1869 .. r 3770 TOTALS 860 .- 200:' 2001 Ma~ I Year to Date ~:y~ Year to Date ... I I Single Detached 40 I 161 93 I -- I Semi-Detached 16 , 66 14 54 ... I Townhouse 0 8 0 8 I Apartments 30 32 0 0 r-- TOT ALS 8b 267 38 155 "" .. -- T'T---'>:." -'()FNUMBE~'~F'~~.'...JlE-SIDENTiAL11K~()GRAPmC~ HI~T( -'-JE..-,(-.. YEAR: 2002 I 2001 2000 1999 1 998 I 1 997 1 996 1995 1994 ] 993 1 992 AREA (to month) Bowmanvil1e 1 34 I 312 188 1 84 31 3 I 423 217 229 406 301 532 Courtice 42 I 1 29 231 296 254 I 295 331 1 70 388 232 204 Newcastle 54 76 1 10 78 4 i 5 3 4 6 22 1 Wilmot Creek 1 5 24 19 21 33 I 21 16 16 10 10 1 0 Orono I 1 1 2 3 3 Darlington 8 47 1 02 31 14 20 17 21 1 1 9 14 Clarke 8 9 17 17 1 2 20 1 0 7 8 6 6 Burketon 1 1 2 2 1 1 Enfield I 3 Enniskil1en 1 5 7 6 3 7 3 1 1 Hampton 1 1 1 2 1 2 2 1 3 1 Haydon 1 1 I 2 1 I I I I -_..~~ Kendal I 2 1 I i i I Kirby I I I 1 I I , i I -- , Leskard ~ , 1 I I I i Maple Grove I 1 I 1 I I ! I - ! I Mitchells Corners I I I I I I Newtonville 3 1 2 2 I 1 I I I -- Sohna 1 I 1 I I 1 I 1 1 I I \ .~--- I Tyrone 2 I 3 I , I I I , -,-- I I TOTALS I 267 I 609 679 640 I 636 I 801 T 601 447 I 834 I 572 797 1 I I .- S .... .... .. till .. .. .. .. .. 70 ... .. - ClfJ!.mgton REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, SEPTEMBER 9. 2002 Resolution #: EGD-39-02 File #: By-law #: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2002. - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-39-02 be received for information. - - - - - Submitted bY:_nu A. S. Cannella, C.E.T. Director of Engineering Servlce5 :\ ./ \ ,OJ n) () -.-, /} .,_~~, ~4. Reviewed by:0 ~__ Franklin Wu Chief Administrative Officer - - - ASC*bb July 23, 2002 .. 709 - REPORT NO.: EGD-39-02 PAGE 2 ..., .. 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of June 2002, Staff wish to highlight the following statistics tor the information of Committee and Counci I. ... ... MONTH OF JUNF YEAR TO DATE 2002 2002 YEAR TO DATE 2001 430 ... Permits Issued 154 540 VALUE OF CONSTRUCTION Residential $15,080,014 $52,614,087 $30,897,831 Industrial $189,555 $557,697 $466,050 -- --,---- Government $10,000 $315,000 $177,500 - ----- Commercial 0 $168,261 $2,344,912 Institutional 0 $957,620 $70,000 Agricultural $160,000 $541,250 $718,645 ------ --- Ontario Hvdro $63,000 $493,000 $464,000 Miscellaneous $548,162 $1,092,036 0 -~'_.- TOT AL $16,050,731 $56,738,951 $35,138,938 .... ... ... .... ... 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: lIIIII ... APPLICANT CONSTR TYPE LOCATION VALUE ] ...,-....-..........-..... Wilmot Creek Dev ! Water & Sewer -.........-....... 1 Wheelhouse Drive ........_ ..........._......._.M.. ........_... $516,000 ... ... Attachment #1 - Monthly Building Permit Activity Report Attachment #2 - Historical ComparISon of Building Permit ... . .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. aNT ARia L 1 C 3A6 T (905)623- 3379 F (905)623-6506 ... 710 .. .. - - - .. - .. - - - - .. .. - .. - - - - Municipality of Clarington Building Services - Monthly Activity Report 'BUILDING PECTMTY 2002 JUDl I Year to Dati 54_~ 21~ June 2002 [/i_ .. _ .. .. Type of Comtruction I Reside~t'ial: - Si~l:.E.~tached I S r-~- 1 ~ I i !J;dustri'al: r------ - A o N A l Gover~~lent: -~ I A ! I CO~lTIercial: _ _ Sub Tot~ New Building Addition/Alteration Sub Total Institutional: New Building Addition/Alteration Sub Total Agricultural: l'ew Building Addition/Alteration Sub Total Ontario Hydro: l'ew Building Addition/Alteration Sub Total HV AC. Plumbing & Miscellaneous: Demolition: TOTALS i CONSTRUCTION VALUE 2002 June Residential: $15.080,014 $189.555 -- $10.000 o o $160.000 $63,000 $548,162 $16.050,731 Industrial: Government: ,- Commercial: Institutional: Agricultural: Ontario Hvdro: Miscellaneous: TOTAL Year to Date 'i $52,614,087 ' $557.697 $315.000 $168,261 $957,620 $541.250 $493.000 $1,092,036 $56,738.951 71 1 June 33 2001 P'I;b~'t' June $8,933,513 72,000 o $1,059,258 16,000 $143,345 370,000 o $10,594,116 2001 I I , I Year to Date I $30.897.831 $466.050 $177.500 $2,344.912 i $70.000 : $718,645 ! $464.000 o $35,138.938 emi-Detached 42 I 108 16 70 - ~_--.~_.- --- "- ownhouse 8 16 9 17 ~09 -I - -.--- partment 3 1 1 - - --- -- ,- ther ConstructIOn 72 32 143 -- Sub Total I 133 I 414 91 357 I 1ew Building 0 I 3 0 0 ~ ------- .--. ,- ,- ~ ddition/ Alteration 2 4 2 0 , Sub Total I 2 7 2 5 I - ew Building 0 0 0 0 - - -- - - ddition/ Alteration 1 4 0 0 , ----~ 1 4 0 2 0 0 1 0 -, --- ~, 0 5 9 0 0 I 5 10 24 I 0 1 0 0 ---~---- - -~ n I 2 (I 0 2 2 8 I 1 5 0 0 I 0 1 5 0 I 1 6 5 11 I 0 0 I 0 0 I 2 5 i 2 0 i I I 2 5 i 2 7 I I , ]4 87 I 0 0 I 1 10 : 2 16 I I 154 540 I 114 430 , I , June. 2002 .. I 1- lPEJZMI~FEES 200:' ----- ~I Y~ar t~D~tf $130,341 I $447.71~ 2001 June I y ear to Date $88,345 i $292,345 - .. INSPECTIONSERVlCES TOT AU- 200:' June [);e~J to 6att 5]8 I 2419 I 484 1- 2352 I ]002 I 4772 Bui]dmj! Inspectiom ----------- P]umbmj! Inspections ~ I ~-~-- 2001 June C'i;;;-rto Date - .... J\TUMBEROFN ENTIAL U1\"1T .... ~-~~-~~ TOT AL~ 200:' I June I~:_e;~ to Dat;l ~ 1= ~,~: o I~n~/ ]04 I 26~ --- ----- ~ 33 I 126 I 16 I 70 ~ 9 I 17 I 1 I 1 I 59 I 214 I 200] June I Year to Date .. I ~' Sin. -gl~-D~tached Semi- Detached ---...--- -- 1 OWnhOUSf [p:pa~ent~ ~ .... - mSTO~CAL~~~NUMBER OFNEW]lli.SIDENTIAL UNITS~PHlC ARE~ YEAR: 2002 200] i 2000 ]999 ]998 ]997 ]996 ]995 ]994 ]993 1992 AREA (to month) Bowmanvi]]e 180 312 I 188 184 313 423 217 229 406 301 532 Courtice 59 129 231 296 254 295 I 331 170 388 232 204 Newcastle 84 76 I 110 78 4 5 3 4 6 22 Wilmot Creek 15 24 I 19 21 33 21 16 16 10 10 10 Orono I 1 1 2 3 3 Darlington 10 47 I 102 31 14 20 17 21 11 9 14 Clarke 10 9 17 17 12 20 10 7 8 6 6 Burketon 1 1 2 2 1 1 EnfJeld 3 Enniski]]en 1 5 7 6 3 7 3 1 1 Hampton 1 1 I 1 2 1 2 2 1 3 1 Haydon I 1 1 I 2 1 I I -- I - - - Kendal 2 L 1 I I - I - Kirb" I 1 I ~. -- - ----- ~ Leskard 1 1 I I I - .n_____ Maple Grove I 1 I I ------ -- ---- - -- Mitche]]s Comers I I --- -- ------- ! Newtonvi]]e 3 3 1 2 2 1 -.--- - - - Solma 1 1 I 1 I 1 1 - -.- --_._~- T yront 4 3 - -- TOTALS 371 I 609 I 679 640 636 I 801 I 601 I 447 834 I 572 I 797 ~ ---- - --------- ... .. .. .. .. .... ... ... ... dn: keports.gpalUn2 712 .... - - ClfJ!.mgron REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MONDAY, SEPTEMBER 9, 2007 Resolution #: EGD-40-02 _.-,._-- File #: By-law #:_ MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2002. - Recommendations: It is respectfully recommended that the General Purpose and Administration Committee - recommend to Council the following: 1. THAT Report EGD-40-02 be received for information. - - - - - ~ Ov-r~~~ Submitted by: Reviewed by: A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Service~ Chief Administrative Officer - - - ASC*bb August 30, 2002 - 713 - REPORT NO.: EGD-40-02 PAGE 2 ... - 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of July 2002, Staff wish to .. highlil2-ht the following statistics for the information of Committee and Council. I MONTH OF JULY YEAR TO DATE I YEAR TO DATE 2002 2002 2001 ~ -- - - ~-~ ---- -~ -- Permits Issued 97 637 i 512 i VALUE OF CONSTRUCTION $59,865,795 I ~-~ --~ Residential $7,251,708 $38,952,620 .'----- -- - Industrial $ 5,000 $562,697 I $661,215 -- $323,040 I Government $8,040 $2,077,500 --------- - -~ ~ - Commercial $123,000 $291,261 $2,639,912 -,.----- -~--- Institutional $40,000 $997,620 $270,000 ---- --~ Agricultural 0 $541,250 $1,060,645 - ---- -'-~- ~ -~ ~-- Ontario Hydro $57,500 $550,500 $476,000 -- Miscellaneou~ $15,500 I $1,107,536 0 ~~- TOTAL $7,500,748 i $64,239,699 $46,137,892 .. .... - - .. .. .. 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 t.....--.-...---------------.-------...----------..-------.-..------.--..---.-.-.___________.._____._.._.______n.__ i i I i - .. 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 1C 3A6 T (905)623- 3379 F (905)623-6506 .. 71 4 ... Municipality of Clarington .. Building Services - Monthly Activity Report July 2002 - 2002 .. ~ t-J~,--~ Type of Construction Year to Date July Year to Date - Residential: Sin!!le Detached 250 41 167 -- Semi- Detached ~~~- I 114 2 72 .. 1 ownhouse I 19 0 17 Apartment I 4 1 2 I - Other Construction 3', I 103 23 166 Sub Total 76 I 490 67 424 Industrial: New Building 0 I 3 3 0 ------ --- I - Addition! A Iteration 5 0 0 I I Sub Total 1 I 8 3 8 Government: New Building 0 I 0 1 0 - I -~-- -I I Addition! Alteration 5 0 0 I Sub Total 1 I 5 1 3 - I Commercial: New Building 1 4 0 ------ AdditIOn/Alteration 4 9 0 0 Sub Total ~ 10 4 28 - Institutional: New Building 4 5 1 0 - A dditJon! A Iteration (J 1 0 0 - Sub Total 4 6 1 9 Agricultural: 1"ew Building 0 5 2 0 Addition! Alteration 0 1 0 0 - Sub Total 0 6 2 13 Ontario H~'dro: 1"ew Building 0 0 1 0 Addition/Alteration 2 7 0 0 - Sub Total 2 7 1 8 HV AC, Plumbing & Miscellaneous: 6 93 0 0 - Demolition: 2 12 3 19 TOTALS 97 637 82 512 .. 2002 2001 July Year to Date July Year to Date - $38,952,620 I Residential: $7,251,708 , $59,865,795 $8,054,789 Industrial: $5.000 I $562,697 $195,165 $661,215 : -- $2,077,500 i - Government: $8.040 : $323,040 : $1.900,000 Commercial: $123.000 ' $291,261 $295,000 $2,639,912 $40.000 I $997,620 : --- Institutional: $200,000 $270,000 ! ! $541,250 I $342,000 $1,060,645 ' - Agricultural: o . -_.~ Ontario H~'dro: $57.500 $550,500 $12,000 $476,000 -----l I Miscellaneous: $15,500 I $1,107,536 0 0' - $7.500,748 $64,239,699 $10.998,954 $46,137,892 ' TOT 715 - July, 2002 PERMIT FEES July $58,735 Year to Date $506,447 July $82,390 .. .. Year to Da~ $374,735_1 .. Building InspectJOn~ -- ~- Plumbing InspectJOn~ Single Detached Semi-Detached Townhouse Apartment~ YEAR: AREA Bowmanvil1e Courtice Newcastle Wilmot Creek Orono Darlington Clarke Burketon Enfield EnniskilJen Hampton Haydon Kendal Kirbv Leskard MapJe Grove Mitchel1s Comer~ Newtonvillt Solina Tyrone TOT ALS dn :RepoT1s.gpalun: 2002 (to month) 195 69 97 17 13 10 2 1 3 1 5 416 Jul, 540 544 TOT AL~ ] 090 i July 35 6 3 1 TOTALS 4~ 2001 2000 1999 312 1 88 184 129 231 296 76 110 78 24 19 21 1 47 102 31 9 17 17 1 2 5 7 6 1 1 2 1 2 I 1 i I I 1 1 i 2T 1 1 I I 3 : 609 I 679 I 640 .. ----- - Year to Datf July Year to Date I 2965 I --.--.- I 2897 I 5862 I I I 1998 313 254 4 33 14 12 1 636 716 Year to Datt I ~-- July 41 2 o 1 44 250 114 19 33 416 3 1 1 1997 1996 1995 423 217 229 295 331 170 5 3 21 16 16 1 20 17 21 20 1 0 7 2 3 7 3 221 2 1994 406 388 4 10 2 11 8 2 I 1 ! i I i I 2 : I 2 - I 801 I 601 I 447 834 ... - ! I Year to Da~ I .. 167 72 17 2 258 ... .. .. 1993 301 232 6 10 3 9 6 1 1992 532 204 22 10 3 14 6 1 .. ... .. .. 1 1 1 1 ... 3 1 I I I I I -~ I I 1 1-1~ I I ... ... .. 1 1 572 797 i .. - - CJ.!J!.wgron - REPORT ENGINEERING SERVICES DEPARTMENT - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: September 9, 2002 - Report #: EGD-41-02 File#_ By-law # - Subject: OLD SCUGOG ROAD STORM SEWER REPLACEMENT 40 M SOUTH OF MILL STREET TO 50 M NORTH OF MILL STREET HAMPTON - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-41-02 be received; _ 2, THAT a copy of this report be provided to Stacey and Thomas Cowan, 5487 Old Scugog Road; _ 3. THAT the estimated total cost of $35,000.00 to complete the storm sewer replacement works be obtained, from the General Capital Reserve Account # 2900- 17-x; a recommendation the Director of Finance concurs with, and - 4. THAT staff be authorized to proceed with the tendering of the remedial works upon funding allocatio' der that the storm sewer replacement be completed this fall. Submitted by: ~ n arano, H.B.Sc., C.M.O. Director of Corporate Services - 4U~' A.S. Cannella, C.E.T., Director of Engineering Services Reviewed bye) f---c.--L /~C~ Franklin Wu, Chief Administrative Officer ~/./~ ~/ ~ .1< / .. ft:611 Nancy 11c3ylor Director of Finance - - - ASCrwM - 717 - REPORT NO.: EGD-41-02 PAGE 2 .... .... 1.0 BACKGROUND ... On April 2, 2002 the Operations Department, responding to a call placed by the residents of 5487 Old Scugog Road, completed some temporary work to the storm sewer system on the east side of Old Scugog Road opposite Mill Street. The works completed were required to address a sewer surcharge issue that resulted in the flooding of the basement of 5487 Old Scugog Road, Hampton. The temporary works were to remain in place until a thorough survey and review of the possible causes for the surcharge could be conducted. IIIIIIi IIIIIIi .. .. On April 15, 2002 a detailed survey of the area and the subject storm sewer was conducted. Upon review of the survey it was determined the potential cause of the storm sewer surcharge was a partial collapse of the corrugated steel storm sewer pipe between the outlet south of Mill Street and the catch basin south of 5487 Old Scugog Road. .. - .. Subsequent to the review and analysis a design was completed to address the storm sewer surcharge issue while trying to minimize costs to the Municipality. .. 2.0 COMMENTS .... The proposed design requires that the partially collapsed corrugated steel pipe be replaced from the outlet to the catch basin south of 5487 Old Scugog Road with a smooth walled high-density polyethylene pipe of the same diameter. This will address the surcharge issue that has been temporarily remedied by the Operations Department. .... .... .... In addition to the replacement of the above noted section of pipe the next upstream section of pipe has also been included for replacement in the proposed design as a measure of preventative maintenance. Although this pipe has not shown signs of collapse it is of the same age as the downstream section of pipe and should be replaced. IIIIIli .. .. 718 .. - REPORT NO.: EGD-41-02 PAGE 3 - - The proposed design also includes for the reconnection of all existing storm sewer connections encountered while completing the replacement work. - All disturbed areas will be restored to their original state. - The estimated cost associated with the completion of the remedial works noted above is approximately $35,000. - - The Operations Department would typically complete a project of this size but due to their current workload it is recommended that the work be tendered for completion by a private contractor. The close proximity of existing underground telephone, cable t.v. and gas utilities, and the liability associated with damaging them, make this project a better candidate for work by a private contractor than some of the other projects to be completed by the Operations Department this fall. - -- - As this work was not a budgeted maintenance or capital works project, funding for the project must be obtained. - - .. - CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 - - - 719 - I I I I I I I I I I I I I I I I I I I Clf![mgton REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPTEMBER 09, 2002 Report #: ESD-013-02 File #10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - JUNE, 2002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-013-02 be received for information. ReViewedbO ~-~ F-ranklin Wu, Chief Administrative Officer Submitted by: If:> Michael G. Creigh n, AMCT .CMM11 Director of Emergency Services/Fire Chief MGC.amc 901 REPORT NO.: ESD 013-02 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.] Our repon covers the month of June, 2002. It is our intent to provide Committee with information relevant to this depanment, in a timely manner. 2. REPORT 2.] The depanment responded to 246 calls in June and recorded total fire loss at $182,775.00. A breakdown of calls responded to follows in the table attached. *Standby As indicated in the table attached, Station 1 volunteer fuefighters were activated twice, while Pumper] and Pumper 4 responded to emergency call5. 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 MONTH YEAR MONTH YEAR ENDING TO ENDING TO JUJ\TE/02 DATE JUNE/O] DATE CLASSIFICATION 2002 200] ,,"" -...." I Y t-It(~~ I 26 11: (Includes structure, chimney, vehicle 21 150 Miscellaneous e.g. furniture, clothing. etc.) I UNAUI HI (Burning complaints) 10 28 13 41 1=J\LSEFIRE C411 ~ (Includes alann activations- , accidental/lmal icious ,human-perceived 25 17:'- 34 152 i emergencies/check calls e.g. investigate unknown odour ~II~II" 1 : .Ill I ... I . "'.........v I I (Includes propane/natural gas leaks, 13 127 13 ]]0 fuel/chemical spills, power lines down/arcing, C.O. leaks, etc.) ~I:'c;:r II:; I .0.1 I ... (Includes vehicle extrication/accidents, 44 207 30 220 commercial/industrial accidents, home/residential accidents, water/ice rescue) A~~I~I 'AI I c;: I , (lncludes assist to ambulance personnel with 88 502 77 530 I respiratory and resuscitation emergencies ,. .0.1 I .. I 40 197 36 97 (Incidents not found, assistance not req'd. by other agency, call cancelled on route, etc.) I TOTAL CALLS 246 1347 224 1300 , TOTAL FIRE LOSS $182,775 $929,265 $81,750 $600,595 J\TUl\1BER OF.ALARMS BY STATION ! ST .#] ST .#2 ST .#3 ST.#4 ST.#5 TOTAL ]]3 33 14 75 11 246 NUMBER OF STANDBY CALLS BY STATION ST#] ST#2 ST#3 ST#4 ST#5 TOTAL '2 0 0 0 0 2* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A63 T(905)623-3379 F (905)623-6506 .. 90 I I I I I I I I I I I I I I I I I I I Cl~mgtDn REPORT Meeting: EMERGENCY AND FIRE SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE SEPTEMBER 9, 2002 Date: Report #: ESD-014-02 File # 10.12.6 By-law # Subject: MUNICIPAL OPERATIONS CENTRE. EXPANSION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-014-02 be received; and 2. THAT the expansion of the Municipal Operations centre be deferred to the 2003 Capital Budget. d~~e~ Submitted by: /\' l)..).- Reviewed by: Michael G. Creight , AM T. CMM11 Franklin Wu, M.C.I.P. Director Emergenc & Fire Services Chief Administrative Officer MGC:sr 904 REPORT NO.: ESD-014-02 PAGE 2 BACKGROUND At a meeting held May 6,2002 Council received Report ESD-008-02, which reported on an Emergency Plan Training Exercise and took place in the Municipality of Clarington on March 22, 2002. Staff from the Municipality, in co-operation with other Municipalities in the Region, as well as departments under the Chairmanship of Steve Marchi, Training Co-Ordinator from the Durham Emergency Measures Office, prepared and conducted this exercise. Feedback received at the debriefing held after the exercise, identified, among other things, a definite lack of working space and computer equipment during the "real time" exercise. COMMENTS Subsequent to the Emergency Plan Training Exercise, staff retained the services of Mr. Paul Mcintosh of Thomas E. Brown Architect to assist in planning the expansion of the Municipal Operations Centre. It was determined that expansion to the existing Municipal Operations Centre room would take away space from Operation's garage area having an adverse affect on that department. Two other options were identified. Option 1 Relocate the Municipal Operations Centre to the second floor. Operations staff would move to the first floor, which would include the existing space designated for the Municipal Operations Centre. The Municipal Operations Centre would be increased from 770 sq. ft. to 1300 sq. ft at a cost of approximately $100,000 to $150,000. 905 Continued.. ... I I I I I I I I I I I I I I I I I PAGE 3 REPORT NO.: ESD-014-02 Option 2 Relocate the Municipal Operations Centre to the Hampton Hall. Presently, the main floor of this building is used for storage with the downstairs area being used by the community. Moving to the main floor of this building would provide some 2,500 sq. ft. of space for the operations centre compared to the existing 770 sq. ft. In emergencies the building would be used solely by the Municipality, including the downstairs area, which includes a kitchen, additional washroom facilities and a large area that could be used for cots. The cost for renovations to this building would be approximately $200,000 to $250,000. Computer & Telephone EQuipment Staff has reviewed the computer needs at the Municipal Operations Centre and have been advised that an amount of $30,000 to $35,000 will be required to provide the necessary equipment. At this point, we cannot ascertain what our requirements will be in order to obtain telephone costs. This cost will be based on the final location and design. Funding Subsequent to the Emergency Plan Training Exercise in March of this year, staff pursued funding opportunities with the Joint Emergency Preparedness Program (JEPP) to assist with expansion costs. After discussions with that office, the Director of Finance has been advised that our expansion project does not qualify for funding assistance. JEPP provides assistance, on a one time basis, for certain components. Since we applied for and received some funds for the original MOC project, we no longer qualify. Our only option, therefore, is to fund the expansion at the Municipality's expense. The Director of Finance has suggested that, due to the lack of JEPP funding, the project be deferred to budget deliberations for the 2003 Municipal Budget. This will mean that no work will be started until the budget is approved, should Council look favourably on the project, sometime in 2003. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONT~RIO L 1~ CJ6 1(905)623-3379 F (905)623-6506 I I I I I I I I I I I I I I I I I I I ClfJ!.mgton . REPORT Meeting: EMERGENCY AND FIRE SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE SEPTEMBER 9, 2002 Date: Report #: ESD-015-02 File # 10.12.6 By-law # Subject: PUBLIC FIRE SAFETY GUIDELINE ON STAFFING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report ESD-015-02 be received for information; and 2. THAT Council endorse the correspondence from the Township of Smith- Ennismore-Lakefield. Submitted by: O~-tJL,. Reviewed by: Mic ael G. Creight , MC , CMM11 Franklin Wu, M.C.I.P. Director Emergency & Fire Services Chief Administrative Officer MGC:sr 907 REPORT NO.: ESD-015-02 PAGE 2 BACKGROUND AND COMMENT At the Council meeting of June 24,2002 Council considered a correspondence from the Township of Smith-Ennismore-Lakefield regarding the Office of the Fire Marshal Public Fire Safety Guideline 04-08-12. (Attachment #1). Smith-Ennismore-Lakefield, along with other rural Municipalities, are concerned they would not be able to meet the guideline if it was deemed to be a requirement. This guideline recommends that a complement of 10 firefighters should be on the scene of a single family dwelling in 10 minutes. As stated by Smith-Ennismore-Lakefield and discussed at the Ontario Fire Chiefs Conference in May of this year, the guideline is extremely difficult for many rural Municipalities to attain. Concern exists that, should any legal action result from a fire response, this guideline will be used as the recommendation departments need to meet, leaving these Municipalities in a position of liability. The intent of the Fire Marshal, as staff understands, is for Municipalities to use guidelines as a tool to make informed decisions related to the level of service they wish to provide. These guidelines will also be used by the Ontario Fire Marshal to monitor municipal fire protection to determine if Municipalities are meeting their responsibilities under the Fire Protection and Prevention Act (FPPA). The Fire Marshal, in his response to AMO, (Attachment #2), states his office is in the process of clarifying the 10 in 10 Guideline. The intent is to develop a risk assessment and resource rationalization process that can be used by Municipalities to assist them in determining their fire protection needs. Once completed the draft will be circulated to AMO and other agencies for comment. Based on this correspondence and concerns related to meeting the 10 in 10 Guideline for rural areas, staff would recommend endorsing the Township of Smith-Ennismore- Lakefield's position. Many areas have similar concerns and the Fire Marshal's Office needs to review this and other guidelines that could be seen as being too restrictive in interpretation. Guidelines need to be just that, a parameter that allows Municipalities to establish a level of service it wishes to provide to its residents, in accordance with the FPPA. 908 1 1 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 REPORT NO.: ESD-01S-02 PAGE 3 Attachments: Attachment #1: Attachment #2: Correspondence from Township of Smith-Ennismore-Lakefield Fire Marshal's Response to AMO CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 ~ 909 Bb/14/R2 22:B9:37 EST: ASSOCIATIO" OF?-) 26(1 9BS b23 bSBb CLERH-Clarington Hun Page BB4 JUN-14-02 FRI 02:36 PM JUN-j ~-;~002 11: 30 FAX NO. 416 9716191 P. 03 Si1lTH ENN I SM(IRE L.AJ<:EF I ELI' 172l529289E:l: P. 03 ~ i~-~__ H- TTltL mtl fAiT ~ . r-: f::(; E I V~~ i.) " CORPORA TJON OF TJ-IE- TOWNSl-llP OF . " . _ , SMITH-ENNISMORE-LAKEFIELD,. ,. _J~':'; ! ' LOJ]~ J dld~EN(y ? ",-. '__ -.-------------~-.- - - __~ r;;.~: ':r i-'.O. Box 270 NORMAN KYL.f.. Chivl AdmiAistrative ()"mcer Brh1t.:r.OrthOnt.'lTio,1<OL IHC JANICE LAVALLEV, ClerkIDepatyTr&::lsurcr PtlCj;Je: (705) :192-9507 R. LANE V ANCt, Manager or Financiul Serviua l;~o:: (705) 292-8964: JOm CHITTICK DENOBLt, Deputy Clerk Delivery ^ddrc~s: ]3 I 0 Cenlr~ Un,=-, R.R. ~"'IIJ. P~rerborou,gh. OnlJlrlo, K 9J 6X5 June 13, 2002 1"0: Honourable Minister Chris Hodgson Gary Stewart M.P.P. AMO ROMA All OntarIo Municipalities RE: r-Unlster of Public Safety and Security Public Fire Safety GuideJine 04-08-12 December 2001 and March 2000 Pie~se tlncJ enclosed a copy of a letter being forwarded to the Minister of Public Safety :; nd Security The Township of Smith-Ennismore-Lakefield, located in Peterborough County, Is If:questing your support to our request as set out in the enclosed letter to the Minister. Vve would further request that if your support is given, that you notify the Minister and your local M.P.P., with a copy to the Township. -rhank you for your consideratIon of thIs very important local government Issue. YOurs truly /;1/</f/1 Norman K. Kyle CAO . , ~~ -i 7' f;~ ~~ ~~ v'~~74j I j NKK;he Ene!. ._- -- ! n.... .,>1......" ~r~;;;;.;-~;,..~;;,:;.~r.. I ;... ;~:;-... .;~. .." ~.r~;..~.ODI O'1l.a.....~~...1 dou DOli '~'ClJH..;.r"~ rrflln U.r "lit""" I" pO..ld..I', ,., Ihe .~,~"'UCla D' .\1IUlMll'a.lIU_ _, ODLa". t^~'O,. tis I ~Jo~ (DlftU:'lnta. Ol.('l.~n. "IJor;f"I,:!-':~~_ '-m a ;1; t....p3c1@;;;ii hen nismnrtlBkditld~o 1I.ca 910 Web Silt: WWW.JfJ1lthen.u.mordakefleld.on.ca IIb/14/B2 22:1B:1B EST: ASSOCIATIO" OF~-> 26C 90S b23 oSBb CLERH-Clarington Nun Page BBS JUN-14-02 FRI 02:37 PM I JUt..j-l ~'-212l02 1: : ::;0 I I I I I I I I I I I I I I I I I FAX NO. 416 971 619: P. 04 S~1lTH ENN I SM(IRf:: L~KEF I ELD 1705292896~ P.1!l4 CORPORATION OF THE TOWNSHlP Of S Ml TH- ENNI S M ORE- LAKEFIELD P.O. Box 270 BT.lci~l:n(lrth On,aril), K OL 11-10 r"j".)IW: (705) 2~2.950';' Fnx: (05) 292-S9~: D.:li\'i.':ry Adc1r~;s: NORJ\1AN KYLE, Chief Administrative Officer JANJCr. LAVALLEY, ClerkIDeputy Tleasu~r R. LANE VANCE. MBn:lger of},lnnncial Senolu.s JOm CBlTTJCK OENOBLE. Deputy Clerk 1310 Cmtre Line. R.R. 04. Petcrborough, Ontario. K9J 6X5 June 13, 2002 Minister of Public Safety and Security Honourable Bob Runciman, M.P.P. C,eorge Drew Building 18th Floor 25 Grosvernor Street Toronto, Onlario IV17A 1 Y6 RE: MinistIy of the Solicitor G~neral Public Fire Safety Guideline 04-08-12 December 2001 and March 2000 The Township of Smith-E.nnismore-l.Bkefield, together with many other municipalities in Onti:lrio who provide fire protection services with volunteer firefightersJ have a great concern with the above referred to Guideline dated December 2001. The guideline in part requires a minimum of 10 firefighters on the fire emergency scene within 10 minutes of the orIginating reported emergency where the area Is serviced with fire hydrants. If the area is not serviced by fire hydrants, as is most of rural Ol1t.arloJ then we require additional firefighters for water supply. Placing a 10 mInute t.ime perlod in the guideline produces a gl'eot Municipal liability and opens the door for liability Insurance claIms against the Municipality. Our Township with a population of approxim(}tely 15,000 has five fire halls, two full time employees and a compliment of approximately 90 volunteer firefighters. We also have two service agreements with neIghbouring municipalities who may be able to [lrovlde a mOrE! timely response. The budget for fire protection is in excess of $8001000. a year. 10 put thIs in perspectivp., the police budget Is approximately ~P,500,OOO. Wrh Sitr: www.lmlth.nni.morClI.k.field.Aln.ca rile I 01 J c-moi1: twpllcl@5mi1benlli,nuJrdpkeflt'ld.on.cl 91 1 B6/14/B2 22:1B:51 EST: ASSOCIATION OF?-: 9B5 623 6SB6 CLERH-CIarington Mun Pdge BBb JUN-14-02 FRI 02:38 pr 260 JLIN-14-~:~J\d2 n ::::,0 FAX NO. 416 871 6191 ~. O~ ~MITH ENNISMO~E LPKEFl~~~ 1705292896~ P.~5 If aI/ the volunteers were full time the fire budget would be greater than the present municipal budget for all municipal services and WE would still not be able to meet the s?lrl Guideline. The Guideline does provide alternatives to the 10 minute tIme period if the same cannot he met. These alternatives are enhancements to public safety In the form of public erj\JGltion and prevention and/or safety standard enforcements. We provide these services now as part of Our fire prevention program, but the question is when you arE' c~l!e(j to court on a liability issue have you done enough and in whose opinion. How do you prove you I.,ad contact or provided the alternative enhancements to a particular person who suffers a fire loss or injury? The original guideline dated March 2000 did not refer to a specific amount of time but did state t/1at time Is a critical component of a fire response. This type of wording in a gUideline would remove a great deal of the liability issue that I referred to above. WE have had an IncIdent where representatives from the office of the Fire Marshal have done research Into our fire responses. This representative has left information with the fire Chief setting out lines of defense in order to achieve compliance with the December 2001 guideline and 11e states that a further Clssessment will need. to be done within the next 6 months to a year. From the informRtion left 1 would assume that In order to comply with the recommendation the Tcwnsnip budget for fire services would have to (j(luble. 111e direction given to the Township by the representative of the Fire Marshals Office would establish two levels of service in our Township for many different areas. These areas would be impossible to identify and Clt the same time 011 ratepayers would have to contribute through taxes on the same basis. It is clearly an impossible situation that our municipality has been placed in. Local government did not believe that the Fire Protection and Prevention Act 1997 was put in plZlce to have the Minister dictate the daily operations and budgets for fire services in our munIcipalities. Yes we felt that health and safety issues of firefighters are of a grave concern to all and to this end we agree wIth a majority of the provisions in the act. In regards to Section 11(2) & (3) of the act (duty to report) we felt that this section Wi)5 to provide Information to the Fire Marsl1al for statistic purposes which was the case In the past. We do not believe this section should be used to dictate the dally operation of the Fire Department and the resulting Budget. When w~ went through the re-alignment of services to the Ontario taxpayers it was not unt!cipatcd that Fire Department budgets would have to be increased to the extent that they would be larger for fire services than police services in rural Ontario. t.- :r",il: tw psel@SlnithenniimOrcllll.:efJeld.on.t:l 912 W~b Site: www.~lDirh...nllililqO..I.keficld.Da.u P~1t 2 ofJ )lbb/14/B222:11:43 EST: ASSOCIATION OF?-) JUN-14-02 FRI 02:39 PM 260 .1Ui-14-'2f3i032 11:~)1 I I I I I I I I I I I I I I I I I I 9BS b23 lJSBb CLERH-CIarington Mun Faye BB7 FAX NO. 416 971 619! F. DE, SM ITH EI'IN I SMOF.t: LRKEF r EL I 11'052928'36<:. P.0E. 1 do state that because of amalgamation, our fire Department budget, in order to provide our level t..,f service, has increased dramatically. The present level of service is very acceptable to our residents. I therefore request the foliowing; 1. That l11e Guideline 04-08-12 Dec. 2001 be Immediately amended to remove the reference to 10 minut.es and In its place use wording similar to that as was set out in the Guideline dated March 2000. 2. That the Ministry of Public Safety and Security consult with its partners in local government in the issuance of amendments to the Fire Prevention Act and Guidelines so that the act and ouidelines are workable in local government and will accomplish the purpose fo( which they are oeing Implemented. This will remove any hidden tlgenda that is being brought forward In present and future legislation and guIdelines. Reflresentation from the Peterborough are!) fire services, both full time and part time, cj{.!paltments offer OUt e)Cpertise to you as partners in the provision of services to our cnmmon taxpayers. In closing I provide the following comment with respect to "guidelines" issued by your f"l;nistry, If representatives of your MInistry continue to take "guidelines" and apply them as "requirements" then municipalities across OntarIo will surely find themselves in ;::[1 unenviable position In the courts. \Ve look forward to your positive response and action on this matter before we find our::tlves involved with a liability issue before the ccurts resulting from guidelines that fio\1\' from the Fire Protecllon and Prevention Act. Yours in local government t?;~1 /~ Jj< Norman K. Kyle C"O NKK: he CCo Hon. Minister Chris HOdgson Gary Stewart, M.P.P. AMO All Ontario Municipalities :.':\1>1 il: rw jJ~rlrP):l rnlth~nJJi$nl\Jrd.I"'f1ekl.olJ.(n 913 "'.b Siu: www.JrnifhlCnn;smortIJlJlcfidd.oll.c.a fa",30f3 37/22/62 22:63:69 EST: ASSOCIATIOM OF?-; 965 023 056b CLERH-Clarington Nun Page 662 JUJ-22-02 NON 05:05 PM 26l (\ .i! FAX NCJ. 416 97r(~~~IL23 Pt~ 3~40:p~ 01/04 tt~i111-'1 faUI ~::J . :-:" :.: .............,..__.-.:-._-~ ~~.. A:;soci3Ii<;1n 01 . . M unlClpahllO~ . ~ ofOntar~ For Your ()rlform atio .. ". '- .. ..... .. "'''v. 3~3 U ni.er5lly l<.cnUD, 5\1il~ 170', 'olonlO,OI-l l.I!iC1El ,,,\: 14HISl7,.08&C, .1:1); 44'8) 07,.r,11)', cn,;>.:' 3mo@:an10.nlUnlcom.ccn r lr"''''r .~.. i r: "...Ii... i..l~' L. ~~!~:: t.~~~'-/~rE~' ..... . .h,l~ .' To fhe IIlmwcJiafc aHenfHm of the Clerk cwd CDuncil. July 22,2002 - FYI 02/017 FIRE MARSHAL RESPONDS TO l\MO ON 10-IN-10 GUIDELINE Issur:.: Public Fire Snlcty Guideline on Stntimg - Single Family Dwellings (the 10-in-10 Hesponse 1imc Guideline). BAC!{GROUND: As notcd in n .June 21, 2002 Members' Alert (02/031), tile Fire Marshal of Ontario, Bernard A. Moyle, 3Hendec1 the ..tllne AMO Board meeting to discuss the 10-in-10 Guideline, as there is much conlllslon in the municipal sector about the Guideline and its status.. Many_are_unsu.r.e-as..to whether il is 0 "best prnclice" or a required standard. : '. ~~:;::,:,~~~'UTION , 1\1 Ihe? BO..Hd meeting, lhe Fire Marshf11 ngreed 10 write AMO to provid~ 1~rth~r"ciaiifi-atfon.ab I ut " , . ",. ~ ~ '. . lhe Guideline Clnd it~ status. The Association hC1S now received the corr~spondence:"" .... ~..- ; t {1~.:;G~~'~t..;. 1\'>.~..,~. ...~~ _.... ~ !..-... ","... .-' ._~',.....'.-._--~ --_.-..........~ Ann MlIlvnlc, President AssCJc.:i;:ltion of Municip;-,lities of Ontario 393 Univ::rsily Avenue, Suile 1701 Tororllo, ON M5G 1E6 i (.:~,..~~'~~ t~:: )-- -.... -"~-'~ - --:- .-.-..__.-.~ V ~':"d:-~....._.._..,-;;---_._-.--...i: tLLf~..(._. - . ._._..._~'-. ' . ~ . . i .. .... ,'. . .. . .... . ... .....--.......- I ..: L.cr~er from tile Office of the Fire Marshal July 19. 2002 . . ..~.. -..-.....- -~.._~...", ..-...... Rf::: Public Fire Safety Guideline 04-40-12, Staffing- SinRle Family Dwellings (10 Firefighters in 10 Minutes, 90% of the Time) 1 1 Thank yOll for the opportunity to rn~ct with you and the AMO Board of Directors on Friday. June 21, 2002, to I clf'lriiy the OfM Public Fire SDfGty Guideline of 10 firefighters in 10 minutes 90% of the time, I am responding to your Association's rCQuest to clmify the OFM position on this issue in writing. I 1 ",. ..- :................-.....- . . De~r Ms. Mulvale: " .: .' ..... ~~... ..... .....: Munir,ip::ll responsibilily for fire prolection services is f,el oul in secllon 2 of the Fire Protection Dnd Prevention Act. 1.997(FPPA). 2. ('i) EVl.3ry 111\ micipnlity ~11,,11. (a) CSl3blisll s progiam in the municipality wtlir.tllnust Include public education wilh resper.t to fire 50fety and certain components of fire pre:ventlon: and provide slJch other fIre proteclion [,ervic0~ os it determines may be necessaty in accordance with I its n€:eds ond r.ircumsl<:mces. 91 4 (11) .../2 1122/B2 22:83:48 EST: ASSOClATIOH OF~-; 9BS b23 6SBb CLERH-Clarington Hun Fage BB3 I JUj. -22-02 MON 05: 05 pr: 26( FAX NO. 416 971619) p, 02/0L I - L' 1il(::;~,e provi51ons of the FPPA recognize thRt tilE tire protection needs and circumstances vary 1rom I municlp;:.tliiy to mur.iclp3lity. for example, lhe lire protection delivery system would be significantly dif1eren: 1I'l1l Snltlll rural community as opposed to a larger urban centre. 1he 10 in 10 guideline is not in\(!nded to be <3 uniic.'rm standmd, but we recommend thRt it be used cs a point at re1erence durino the risk clssessment I ~Jr1d rc;,;ol.lrce ralionahz::Jtion process to auide etlectlve decision- makma and to demonstrate due dilioenct 1l IS fI municipality's TBf.ponsibility to' determine the type c:md level 01 service required, to tund that ;ervlcE and to en::~lJre cornpliance wilh the FPPA. By going UHOllgh a risk assessment and resource rationallzatlorl I proceSS, Inunic.if):1ntlcs can objectively identi1y U"le" current stn1flng capabilities and opportunities availablE- to ImrHOV8 their emergency response capability, if ::my I 1 li(-; rpPA ..11[,0 de lines dLJtlC:s. powers and lespom~ibHitics lor the Office of the Fire Marshal. The FPPA provid.:s the Fire M,:lrsh3] with discretionmy power to review c.md monitor municipal1ire protection services to del,~rminc: whether It)ey meet the mt=lndatedrequirements of the FPPA. As well. the' ()FM has <3 respol1sil)Hily \0 pro'Jibe adVice and 8ssistance to municipalities. I Ttle guidelines Ilrorluced by the Office of the Fire M~~rsrl(Jl are developed using a consultative process anc are d(;5i~H-.c'd to Clssist rnunicipC)lities to rnClke intormed decisions about t1leir 11re protection delivery system 'f 0 d31e, 73 public s31ely guidelines tlDve been prOduced. The guidelines can be used as a bencllmark, as c I point ()/ reference to guide the decision-n1Clkiny process. or can be viewed as a best prac:tice, wherE' ~ppropriatt. I My Office lI:.'.es tl"lC public tlfe safety guidelines to re-view and monitor municipal fire protection services to lietcH\.ine if municipalities tHe meeting their respon~,;bililies under the FPPA but our assessments also takE- into account the variations in local needs ~nd circurnSIClnces, F or example, due to their 'Inherent fare risks. lorge urix:;"ln municip~::ll fire dep<lnl"l"lE:nts typicC)lly respond wilh firefighters and vehicles in greater numbers ond in shorler timclr;1mes Ulan IhQ recommendations contained in the 10 in 10 guideline. However, it is ...Iso recognized l)y their very nalure sm811el cornpo~.ite!volunteer file departments may not be able to meet the gilirJelinc due to variable resJ10nse rates by firE:fiohters or other circumstances, such as, responses \0 10C;llirJIIS IhLJt will t0ke well in excess of the 1 0-minu1e timeframe. I I I During tl10 cour~c:: of ille OFM's monitoring C'iIId review Dctivities, this guideline may be used as Ci benchrn~lk, ra111Gr than El point 01 reference, but only in those instances where, on a case-by-case b8sis. it is determined to m8lcl, the needs and circumstances ot the municipality. Where this guideline is used as a benclin1fl1k, tI"le mLJnicipnlity is 3dvi~ed ac~ordingly. I I I I I I When slaffino deficiencies ()fe identified by the OFM, flexible options and recommendations are presented to the mun:cipality for their consideration. For exornplc. the municipality may choose to recruit additional volunteersJp3rl-timc firefighters or the hiring of sornG full-time firefighters m&:3Y be warranted. In other cases, All that may be needed is adjustments to the existing delivery system to satisfy the OFM's rccomm13nu("llions. In all Cc:lSE:S, it is Cl policy of my o1fice to work cooperatively with municipali1i8s to achieve the optimum leVel ot fire protection for the community. In rare cases, Provincial regulatory authority can be exerci~;ccl where there is a clear .,nd identifiable tl1r~at to public safety that a municipality or f\1unicipalitie~ 1?il to odejrcss. My Ollic:a is in tlie process of clarifying the 10 in 10 Quideline ond developing a risk assElssment anc ICsource rationalization process thLlt can be used liy municipalities to assist them in determining their firf prolc:cLion ncc:<Js. When these documents helVe been developed in draft torm. they will be distributed to AMO and our oltler lire Sf-;rvlCC slnllehotders ior comment. Once the comments have been received, the rJocLJmcnls will be f,nnli2ee] ,md distributed to the stckeholders. 915 /22/82 22:84:42 EST: ASSOC1AT10M or~-: 985 bZ3 b58b CLERH-Clarington Nun Faye 8B~ JUL-22-02 MON 05:06 PM 280 ~ FAX NO, 416 971 6191 p . 03/0~ I I I I I I I I I I I I I I I I I I I - ::, . Due to \I1C numt)er of Issues thal tlavo been raised Dbout the FPPA, I believe there is a need to improvE commUl1lCFlllOns between our organt7ntlons. My n1tEmdance at the upcoming AMO conference is a good start. hlrlhcr it IS our intenllon to enter into exle:nslvO diCJlogue with ali stakeholders to ensure thal the draft guideline's scopo and applicfltion IS clear and that all stakeholder Issues flno concerns me considered pilar to the rinali2C\lion of tho document. As I indlcnled \0 you and lhe Executive Committee. members 01 my Office would be p'ea~ed to meet at any time with rcprcsenlnllves of AMO to continue witn rC:'[lular di5C\J5sions about Issues related to fire prOleclion. Thank you 10r the opportunity to c1arily the OFMs position on this issue. YourstTllly, Original ~;igncd by Bernard Moyle B(:rn:ud ^. Moyle Firfl Mfm;l'lnl of Onlmio If you l1ave further questions about the 10-in-10 Guideline, or other Public Fire Safety Guideline:;. please atlc)nd the Stnnr/CJrds and Best Practic(;S in Emergency Services workshop at the AMO AnntJsl con1erence at H1e Fairrnont ROY3\ York Hotel. The workshop, which will be held between 10:30 n.m. nnd 12:00 noon on Monday, AlIousl 19th, will include a presentation by the Fire Marr"h::ll. T/l;,., ill(c.fIlvJtion ;s avai/LlbJo 1/irough AMO's subscription IJLised MUNICOM nelwork Dt ~ww.mlJnicom",-c_9.u!. For "Jrllwr information. plCilSC coflfacl: Jeff h:.her, AMO Senior Policy Advisor 81416-971-9856 ext. 315. ","'01/0 MUNIClPAlITl~S "$' oVv ~.ttt"~ 0 916 I I I I I I I I I I I I I I I I I I I C!{)!.illgtnn REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9,2002 Report #: ESD-016-02 File #10.12.6 By-law # Subject: EMERGENCY MEASURES BY-LAW 87-53 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-016-02 be received; and 2. THAT By-law 87-53 is repealed. Submitted by: ~. /7IJ. .e^-~ , Reviewed by: 0 ~ - Michael G. Creighton A C . MM11 Franklin Wu, M.C.I.P. Director Emergency & F Ire Services Chief Administrative Officer MGC:sr 917 REPORT NO.: ESD-016-02 PAGE 2 BACKGROUND AND COMMENT In November 1999 Council passed By-law 99-161 being the Emergency Measures By- law. This by-law replaced the 1987 By-law 87-53. At that time By-law 87-53 should have been repealed, but was not. Therefore, staff is presenting a by-law (attached) to rectify this matter and repeal By-law 87-53. Attachment: By-law to repeal By-law 87-53 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOW MANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 I I I I I I I I I I I I I I I I I I 91 t I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY.LAW M2002- being a by-law to repeal By-law #87-53, being a by-Jaw formulating a plan for protecting property and the health, safety and wellare of the inhabitants in an emergency area WHEREAS at a meeting held on September 16,2002, the Council of the Municipality of Clanngton aaopted the recommendatIons contained in Report ESD-16-02 ; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT By-law #87-53 is hereby repealed. By-law read a first and second time this 16th day of September 2002. By-law read a third time and fmally passed this 16th day of September 2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 919 I I I I I I I I I I I I I I I I I I I C!{)!.mgtnn REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPTEMBER 09, 2002 Report #: ESD-017 -02 File #10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - JUL Y, 2002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-017-02 be received for information. Reviewed bye) ~.:...~ Franklin Wu, Chief Administrative Officer Submitted by: M chael G. Creig on, A CT.CMM11 Director of Emergency Services/Fire Chief MGC.amc 920 REPORT NO.: ESD 017 -02 PAGE 2 BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month of July, 2002. 11 1S our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 264 calls in July and recorded total fire loss at $124,020.00. A breakdown of calls responded to follows in the table attached. *Standby As indicated in the table attached, Station 1 volunteer firefighters were activated four times, while Pumper 1 and Pumper 4 responded to emergency calls. Station 4 volunteer firefighters were activated three times, once while Pumper 1 and Pumper 4 responded to emergency calls and twice for training. EMERGENCY & FIRE SERVlCES 921 I I I I I I I I I I I I MONTHLY RESPONSE REPORT MONTH YEAR MONTH YEAR ENDING TO ENDING TO JULY /02 DATE JULY/01 DAn: CLASSIFICATION 2002 2001 PROPERTY FIRES (Includes structure, clumney. vehicle 26 139 23 173 Miscellaneous e.!!. furniture, clothin!!, etc.) UNAUTHORIZED BURNING (Bumin!! complaints) 9 37 13 54 FALSE FIRE CALLS (Includes alann actival1oru,- 54 227 31 183 accidental//malicious,human-perceived emergencies/check calls e.g. investigate unknown odoUJ PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 24 151 23 133 fuel/chemical spills, power lines down/arcing, c.O. leaks, etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 40 247 32 252 commercial/industrial accidents, homelresidential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 94 596 74 604 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 17 214 48 145 other agency, call cancelled on route, etc.) TOT AL CALLS 264 1611 244 1544 TOT AL FIRE LOSS $124,020 $1,053,285 $43,900 $644,495 NUMBER OF ALARMS BY STATION ST.#1 ST.#2 ST.#3 ST.#4 ST.#S TOTAL 154 31 17 53 9 264 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 922 .. .. Clf1l.-mgtnn .. REPORT .. COMMUNITY SERVICES DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE September 9, 2002 CSD-12-02 File#_ By-law # NAMING OF NEW ARENA FACILITY AT PRESTONVALE ROAD, COURTICE '- Recommendations: 1 ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i - 1.) THAT Report CSD-12-02 be received; 2.) THAT Council approve the name, "South Courtice Arena" for the new twin ~. ill pad arena facility to be constructed on Prestonvale Road in Courtice t .. ill \ f- .. .. Submitted by: Reviewed by0 (~4 -.: ~ t ep P. Caruana Franklin Wu, M.C.I.P. I) Irector of Community Services Chief Administrative Officer i ill i. JPC*GA*dv 10Bl .. REPORT NO. CSD-12-02 PAGE 2 J J j f filii 1.0 BACKGROUND 1.1 As members of Council are aware, the tender for the South Courtice Community Park Project has been approved and construction of the facility is currently under way. .1 J .. 1.2 Since its inception, the project has been referred to as the South Courtice Community Park. It is anticipated that the reference to a Community Park may confuse patrons especially those from outside the Municipality that will be looking for an arena. 1.3 With this is mind. staff is recommending that Council approve the official name of the new arena as "South Courtice Arena". J j J J 10'D2 , J j J J J J J j j CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 L ~ cl&:fflglOn L L L L ! l L L L L L L L L L L I ... REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPTEMBER 9, 2002 Report #: CLD-29-02 File #: By-law #: Subject: HERITAGE DESIGNATION - 5311 ACRES ROAD, BOW MANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-29-02 be received; 2. THAT the by-law attached to Report CLD-29-02 as Attachment No.1 to designate 5311 Acres Road. Bowmanville as a heritage property be forwarded to Council; 3. THAT the Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O.18 and detailed within Report CD-29-02; and 4. THAT Mr. and Mrs. Fraser and the Local Architectural Conservation and Advisory Committee be advised of Council's decision. U rd...Q...:.. ~L. Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 0 1 REPORT NO.: CLD-29-02 PAGE 2 OF 2 BACKGROUND AND COMMENT With the adoption of Report PSD-71-02, Council authorized the Clerk to proceed with the designation of the 5311 Acres Road as a heritage property. The Notice of Intention to Designate has been forwarded to the owners of the property and to the Ontario Heritage Foundation and has been published in the local newspaper. The period for filing objections to the designation has expired and no objections have been received. It is therefore appropriate that the designation process continue. The process involves: Designation by-law being passed by Council Publication of notice of designation in the local newspaper Certified copy of the by-law forwarded to the Ontario Heritage Foundation By-law registered on title All of the required documentation has been received from the property owner. It is therefore recommended that the by-law be passed by Council. '" 1102 J J J J J J J J J J J J J J J J J J J L L THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NO. 2002- L Being a by-law to designate the property known for municipal purposes as 5311 Akers Road, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 L L WHEREAS the Ontario Heritage Act, R.S.O. 1990. c.0.18 authorizes the Council of the Municipality to enact by-laws to deslgr,ate properties to be of historic or architectural value or interest for the purposes of the Act; and L WHEREAS the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 5311 Akers Road, Bowmanville and upon the Ontario Heritage Foundation. Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published in the Canadian Statesman, a newspaper having general circulation in the area of the designation on July 10, 2002; and I L L WHEREAS the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and i L WHEREAS the Local Architectural Conservation Advisory Committee of the Municipality of Clarington has recommended that the property known as 5311 Akers Road, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and L WHEREAS no notice of objection to the proposed designation was served upon the Municipal clerk within the period prescribed by the Ontario Heritage Act; i .. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: L 1. The property known for municipal purposes at 5311 Akers Road, Bowmanville which is more particularly described in Schedule "B" which is attached to and forms part of this by-law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.018. L 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. L L 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published in the Canadian Statesman, a newspaper having general circulation in the area of the designation. L L By-law read a first and second time this 16th day of September 2002. By-law read a third time and finally passed this 16th day of September 2002. John Mutton, Mayor L 1103 Patti l. Barrie, Municipal Clerk i 1 .. J J SCHEDULE 'A' TO BY-LAW 2002- J This random-coursed fieldstone farmhouse was constructed in the Regency style for Roger Cole in approximately 1855. It is one of three similar stone houses along Acres Road all built for members of the Cole family. The house sits on a 100 acre lot which has been tarmed for generations. The building has been restored and modified to provide modem conveniences while still maintaining many of its original architectuJ:al elements. It is recommended for designation under the Ontario Heritage Act for ita. historical significance and the following exterior and interior architectural features. J Exterior: J Random-course fieldstone Cross and bible front wooden door Front entrance transom frame and sidelight frames Split granite fieldstone quoins Granite lintels Hip roof with gable ends and return eaves Single green granite stone in south wall J lnlenor. J Red pine flooring StalTcase with decorative scrolls, square balusters and round-over railings Dining room hand-grained door, window wells and casings Fire place with simple mantle and concrete hearth Built-in china cabinet with cylinder glass · Original baseboards, door casings, window casings, chair rails and doors Wainscoting and ceiling in former back kitchen Hot iron floor registers and wooden cold air registers Original basement windows and wooden stairs. J J J J J J J J J J 1104 J J L ~ Cl!JLiQglOn L L L. L L L L L L L L L L L L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9, 2002 Report #: CLD-30-02 File #: By-law #: Subject: PARKING REPORT FOR JUNE 2002 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-30-02 be received; and 2. THAT a copy of Report CLD-30-02 be forwarded to the Bowmanville Business Centre for their information. Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer o~~ PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVIU..E, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1105 REPORT NO.: CLD-30-02 PAGE 2 of2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the month of June 2002 and is provided herein for the information of Committee and Council. Attachment 1 Parking Report For The Month Of June 2002 11 06 ! J J J J J J J J J j j J J J J J J J J L L L TICKETS ISSUED PARKING REPORT JUNE 2002 A TT ACHMENT #1 JUNE YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2002 2002 2001 2000 255 2780 2890 4233 5 40 160 238 0 0 25 42 21 121 27 102 1 2 0 0 P.E. Officers L Police $6,229.00 $28,546.50 $36,043.00 $35,667.00 247.25 1,730.75 1,247.75 o 807.00* 25,138.00 33,041.00 S1,134.00 ($585.75) (5,997.75) (3,036.00) {3,638.25} 5 70 N/A N/A 2 58 N/A N/A # Tickets Upheld 5 16 N/A N/A L L L # Requests for Trial o 7 N/A N/A ~~~_I~-~j').':"'i},~ Jf ~' J~r:JA v *it-f Ml 9; ~ I ~ ." ",'^ <(~:J;: " ~~~~ ~ L-.~._._-~~-~~ *NOTE: Due to a data entry error in the month of June, an accurate number for revenue (fine) is not available at this time I .... ~ ~ I L 1107 L ~Cl!Jlmgron L L L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9, 2002 Report #: CLD-32-02 File #: By-law #: Subject: PARKING REPORT FOR JULY 2002 J RECOMMENDATIONS: ... It is respectfully recommended that the General Purpose and Administration Committee L recommend to Council the following: . t I.. 1. THAT Report CLD-32-02 be received; and 2. THAT a copy of Report CLD-32-02 be forwarded to the Bowmanville Business Centre for their information. t L. L L L L L Submitted by: o~~ Reviewed by: Franklin Wu, Chief Administrative Officer I ... PLB*LC*ct L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 11 08 I . I , .... REPORT NO.: CLD-32-02 PAGE 20f2 BACKGROUND The following pertinent statistical information relates to Parking Enforcement activities for the month of July 2002 and is provided herein for the information of Committee and Council. Attachment 1 Parking Report For The Month Of July 2002 11 09 J J J J J J J J J J J J J J J J J J J L l ... PARKING REPORT JUL Y 2002 ATTACHMENT #1 . L L TICKETS ISSUED JULY YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE 2002 2002 2001 2000 P.E. Officers 500 3280 3259 4582 Police 2 42 172 241 Public Works 0 0 25 42 Group Four 14 135 37 112 Fire Services 0 2 0 0 , I _'_~r':"7ffT"r~"''''''''''r-''''''''''''_-~--~-4~"-'- --- "~) ',I '~,1? b""';""i' t ~~Ll: ~, ~~:"__G1~~~~~<~ -<L<~ [ L f ! ... I L .. REVENUE Meters $5,870.00 $34,416.50 $43,558.50 $39,427.00 Permits 557.75 2,288.50 1,604.00 0 Fines 8,425.00. 33,563.00 38,150.00 55,488.00 MTO Chargeback ($800.25) (6,798.00) (3,036.00) (4,603.50) ~ 1 L. L I .. L L ,ST APPEARANCES Total Conducted 16 86 N/A N/A # Tickets Cancelled 15 73 N/A N/A # Tickets Upheld 0 16 N/A N/A # Requests for Trial 2 9 N/A N/A t 1. ~_F~~~~-'-~- it':~Hirl".r-:if!1t;i':YYl'r.r., ~:" : 'f'l'l,jj~J ''"'', ';' it l " : "}'WJL~,;' ," ',' -.f.lil',' ~,~, -""~~~ "7-1 ~ i"~~: "f$",,(,,;'w':'~! -' '~ ...,,.,"" f ~ [ H.3,~ t.. ,,;~ '~'l';.. 7_:" ~ "? ~ ,~~~h 11 ~ -<i:?\~ff'!$r/;;;:,>::><""::~:;~;,,w1htli0b: i~t;(\I": ~~ J;:"g !~4" W'1 f, -/ ,'" ~~:..............~~ ~~~-",~~.=.~~iir~~~",-;:fu;.t_f:~l~~~_,___ ~ L *NOTE: Current revenue (fine) amount accurately reflects the revenue for the months of June and July 2002 , ~ '- L l L. 111 0 l ~Cl!J!ilJglOn L Meeting: REPORT CLERK'S DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L Date: SEPTEMBER 9, 2002 Report #: CLD-33-02 File #: By-law #: L L Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF JUNE, 2002 t_ ~ ... RECOMMENDATIONS: t It is respectfully recommended that the General Purpose and Administration Committee .. recommend to Council the following: L L 1) 2) THAT Report CLD-33-02 be received for information; and THAT a copy of Report CLD-33-02 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. I 1.. L L L L Submitted by: {J ~Q~~ Reviewed by: Franklin Wu, Chief Administrative Officer MPKS*PLB*dm t 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 111 1 REPORT NO.:CLD-l~~-02 PAGE 2 of3 BACKGROUND AND COMMENT For the information of Council, the tables attached to Report CLD-33-02 summarizes the activities and revenues pertaining to Animal Services for the month of June, 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 111 2 J J J J J J J J J j J J J J J J J J J L L L REPORT NO.:CLD-i:f-02 PAGE 3 of3 L CLERKS DEPARTMENT ANIMAL SERVICES DIVISION ANIMAL SERVICES MONTHLY REPORT JUNE 2002 ATTACHMENT NO 1 REPORT CLD.33 -02 L L L L L I A. ACTIVITIES II THIS MONTH I YR. TO DATE 2002 YR. TO DATE 2001 PICKED UP - WILDLIFE 26 61 87 DOGS CATS DOGS CATS DOGS CATS PICKED UP 20 11 102 46 121 72 BROUGHT IN 13 27 69 130 : 97 110 RETRIEVED BY OWNERS 24 1 102 6 98 10 SOLD TO RESIDENTS 9 28 66 119 98 107 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 3 0 16 6 20 DEAD ON ARRIVAL 0 6 3 35 16 45 QUARANTINE 1 0 1 7 7 3 WRITTEN WARNINGS 36 146 142 P.OA TICKETS 10 29 56 CONVICTIONS 2 14 22 CALL-OUTS AFTER HOURS 5 20 23 OVER TIME HOURS 18 72.5 72 B. REVENUES DOGS & CATS RELEASED 45.00 30.00 495.00 210.00 360.00 135.00 LICENSES 7822.00 2637.00 19278.00 4451.00 21906.00 3262.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 450.00 1260.00 3975.00 5085.00 6000.00 4005.00 DOGS & CATS REDEEMED 1045.00 20.00 4578.00 100.00 4804.00 80.00 SUB TOTAL 9362.00 3947.00 28326.00 9846.00 33070.00 7482.00 \ I ... L i i. L L L L L L EUTHANISED 3 FERAL CATS L TRAP REVENUE 9.00 204.00 471.00 ITOT AL REVENUE 13318.00 38376.00 41023.00 111 3 i .. ~CI!J!il1glOn ~ .. REPORT CLERK'S DEPARTMENT \ , .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE SEPTEMBER 9, 2002 I l. Date: ~ I ... Report #: CLD-34-02 File #: By-law #: I I ... Subject: ANIMAL SERVICES MONTHLY REPORT FOR THE MONTH OF JULY, 2002 t I ... RECOMMENDATIONS: ! It is respectfully recommended that the General Purpose and Administration Committee J.. recommend to Council the following: ~ ... 1) 2) THAT Report CLD-34-02 be received for information: and THAT a copy of Report CLD-34-02 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. f ... ! ! ill. ... d~~~~ Reviewed by: Franklin Wu, Chief Administrative Officer t .. t ... MPKS*PLB*dm L I l.. ~ \ ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 1 4 I f .. REPORT NO.:CLD){+ -02 PAGE 2 of 3 BACKGROUND AND COMMENT For the information of Council, the tables attached to Report CLD-34-02 summarizes the activities and revenues pertaining to Animal Services for the month of July, 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 111 5 J J J J, > J J J J J J J J J j J J J J J L L L REPORT NO.:CLD~4-02 PAGE 3 of3 CLERKS DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO 1 REPORT CLD-34-Q2 l .. ANIMAL SERVICES MONTHLY REPORT JULY 2002 L L L L L L L L I A. ACTIVITIES I THIS MONTH YR. TO DATE 2002 YR. TO DATE 2001 PICKED UP - WILDLIFE 18 79 106 DOGS CATS I DOGS I CATS I DOGS I CATS I PICKED UP 28 17 130 63 133 97 BROUGHT IN 13 39 82 169 115 130 RETRIEVED BY OWNERS 27 1 129 7 117 12 SOLD TO RESIDENTS 13 33 79 152 109 134 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 0 12 0 28 6 21 DEAD ON ARRIVAL 1 10 4 45 16 60 QUARANTINE 0 0 1 7 9 4 WRITTEN WARNINGS 18 164 162 P.O.A. TICKETS 3 32 68 CONVICTIONS 0 14 26 CALL-OUTS AFTER HOURS 6 26 31 OVER TIME HOURS 24 96.5 96 B. REVENUES DOGS & CATS RELEASED 135.00 60.00 630.00 270.00 360.00 135.00 LICENSES 8620.00 2043.00 27898.00 6494.00 25950.00 4374.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 900.00 1395.00 4875.00 6480.00 6750.00 5130.00 DOGS & CATS REDEEMED 1155.00 20.00 5733.00 120.00 5300.00 95.00 SUB TOTAL 10810.00 3518.00 39136.00 13364.00 38360.00 9734.00 L L L L I ! ... !TRAP REVENUE 105.00 309.00 495.00 TOTAL REVENUE 14433.00 52809.00 48589.00 , 1. EUTHANISED 5 FERAl CATS, 3 INJURED CATS, 4 SICK CATS I ~ 111 6 L ~ CI~mgron .. REPORT CLERK'S DEPARTMENT L. t t ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE , i I' ... Date: September 9, 2002 Report #: CLD-35-02 File #: By-law #: t L. Subject: MUNICIPAL LAW ENFORCEMENT DIVISION STAFFING COMPLEMENT t< ! .. RECOMMENDATIONS: L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: , , ... 1. THAT Report CLD-35-02 be received; 2. THAT the staffing complement within the Municipal Law Enforcement Division be increased by adding one full time Municipal Law Enforcement Officer; and ~ L. 3. THAT the Organizational Chart be adjusted to reflect the staff increase. , t II. \ lit I i. L L \ i -. Submitted by: Q~~~ Reviewed by: ranklin Wu, Chief Administrative Officer , .. 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 111 7 REPORT NO.: CLD-35-02 PAGE 2 of4 BACKGROUND As a result of the 2002 Current Budget. the conversion of the part-time Parking Enforcement Officer's position to that of a full-time employee was approved. This decision gave the Municipal Law Enforcement Division a union staff of two Municipal Law Enforcement Officers and two Parking Enforcement Officers. On March 1st, 2002, the Arbitrator, Mr. Mitchnick ruled on Jacqueline Mainguy's grievance concerning the Municipal Law Enforcement Officer's position. As a result of this ruling, Ms. Mainguy was offered a position as a Municipal Law Enforcement Officer and was placed on probation for a period of sixty days. Two temporary Parking Enforcement Officers, Stephen Grigg and Kathe Groen, were hired for the duration of the summer months. Ms. Mainguy has now successfully completed her probation, thereby giving the Division three Municipal Law Enforcement Officers and two Parking Enforcement Officers, exceeding the number permitted on the Municipal Organizational Chart. In order to correct this, there are three options available at this time. All three options involve some changes to the Organizational Chart. These are: 1. Convert one full-time Parking Enforcement Officer's position to that of a Municipal Law Enforcement Officer; 2. Convert one full-time Parking Enforcement Officer's position back to a part time position; or 3. Adopt the third Municipal Law Enforcement Officer's position into the Organizational Chart. 111 8 J J J J J J J J J J J J J j J J J J J L L L t i .. . L L t L. I, L t .. \ L. f L. L L L l .. L L ~ . .. L REPORT NO.: CLD-35-02 PAGE 3 OF 4 Option 1 The conversion of the Parking Enforcement Officer's position would provide for three Municipal Law Enforcement Officers (MLEO) and one Parking Officer. The duties of the second Parking Officer would be shared equally among the three MLEOs on a rotating basis. This option has the least impact on the tax base since the time the MLEO spends on parking duties would be charged to the Parking Reserve account. The downfall of this option is its effect on the MLEO's response time to calls. Response delays have a serious effect on the Division's customer service levels. The presence of the third officer has allowed staff to reduce response time from months to a period of approximately three weeks. By way of example, in a twelve day period in July of this year, staff were able to respond to and investigate thirty complaints and investigate and prepare the documentation for one Emergency Property Standards Order. This is a level of service that cannot be maintained if the MLEOs take on the Parking Enforcement duties. This Option also creates a break in the continuity of Parking Enforcement's investigations and increases the margin for error, since any Parking complaint will either be addressed only every third day or will have three separate officers investigating it. First Attendance Hearings will be more difficult to conduct because of the lack of available officers. Problems will be encountered when matters are brought to court that have had all three MLEOs involved in the investigation. Option 2 The conversion of one full time Parking Enforcement Officer position back to a part-time position would allow for the MLEO's to continue with their regular duties while assisting the full- time Parking Enforcement Officer when the part-time o.fficer is not on duty. The increased development of the municipality has placed more demands on the Parking Officers. The summer months, when we have had the complement of two full-time officers, have proven to us that the two full-time officers are necessary to allow for parking complaints to be dealt with in a timely manner. 1 1 1 9 REPORT NO.: CLD-3S-02 PAGE 4 OF 4 As the money spent on all parking activities is charged to the Parking Reserve Account, the tax base will not be impacted by the two full time officers remaining on the organization chart for the Parking Enforcement Division. Option 3 The adoption of the third MLEO into the Organizational Chart allows the Division to retain the staff it currently has. This number has enabled the officers to better respond to the growing demands and needs of the public by reducing the response time, as noted above. This will increase our overall productivity and our ability to better serve our residents. The impact on the departmental budget for the remainder of 2002 would be $13,600 (1/3 of the Municipal Law Enforcement Officer's annual salary of $40,845). The full salary amount will need to be included in future budgets. RECOMMENDATION Given the ability of the Municipal Law Enforcement Division to better respond to the needs of our residents in a timely manner, as has been demonstrated over the last three months, and the minimal impact on the 2002 and future budgets, staff recommends that Option 3 above be adopted by Committee. This increase in staff complement will serve the municipality well for future years. 1120 J J J J J J J J J J J J J J J J J J J L ~ CI!J!inglOn L . L. L L L L . L. L L L L L L , t ll. , L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: SEPTEMBER 9, 2002 Report #: CLD-36-02 File #: By-law #: Subject: AMENDMENT TO RESPONSIBLE PET OWNERSHIP BY-LAW #99-90 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) 2) THAT Report CLD-36-02 be received; THAT the By-law attached to Report CLD-36-02 to amend by-law #99-90 be approved by Council; and THAT the Animal Advisory Committee be advised of Council's decision. 3) Ol~ -: ~_ Reviewed by: Franklin Wu, Chief Administrative Officer MPKS*PLB*dm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 11 21 REPORT NO.: CLD-36-02 PAGE 2 of2 BACKGROUND: Schedule "D" to By-law #99-90 is a listing of locations where dog/cat licences can be purchased in the Municipality of Clarington. This listing should be amended to delete the following information: Rolph's Hardware And to add the following: Morrison's Hardware Orono Lumber Also, this matter was discussed by Staff and Animal Advisory Committee and the general consensus was that instead of listing each Veterinary Clinic separately, the schedule should use the wording "all participating Veterinary Clinics located within the boundaries of the Municipality of Clarington." This will alleviate the need to frequently amend the by-law. Therefore, Staff submits this amendment for Council's approval. Attachment #1 - By-law to amend Schedule "0" to By-law #99-90 Interested parties to be advised of Council's decision: Animal Advisory Committee 1122 J J J J J J J J J J J J J J J J J J J L I ~: .. l ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2002- \ , I.. Being a By-law to amend By-law #99-90. as amended, a by-law to regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington. I L WHEREAS it is deemed expedient to amend By-law #99-90, as amended; I L. NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: L 1. THAT Schedule "0" - List of Locations where Licences can be Purchased" be repealed in its entirety and replaced with a new Schedule "0" attached hereto and forming part of this by-law. t L L t L. BY-LAW read a first time this 16lh day of September, 2002 BY-LAW read a second time this 16lhday of September, 2002 BY-LAW read a third time and finally passed this 16lh day of September, 2002 L L L John Mutton, Mayor L Patti Barrie, Municipal Clerk ~ L. ~ La , ~ ... ~ I .. 1123 t I.. LIST OF LOCATIONS WHERE DOG/CAT LICENCES CAN BE PURCHASED J J J J J SCHEDULE YO" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90, AS AMENDED: ' Clarington Animal Shelter Municipal Administrative Centre All participating Veterinary Clinics located within the boundaries of the Municipality of Clarington Driver & Vehicle Licence Bureau Michelle's Grooming Morrison's Hardware Orono Lumber 1124 J J J J J J J J J J J J J J L ~ Cl~mgron REPORT CLERK'S DEPARTMENT L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L Date: September 9, 2002 Report #: ClD-37 -02 File #: By-law #: t 1- L L L Subject: ONTARIANS WITH DISABILITIES ACT, 2001 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report CLD-37 -02 be received for information. l L. L L L L L Submitted by: o ~-.:::;~ Reviewed by: Franklin Wu, Chief Administrative Officer I L. ! PlB*hk I L.. , L CORPORATION OF THE MUNICIPALITY OF CLARINGTON i 40 TEMPERANCE STREET, BOWMANVILLE, <fl~ L 1C 3A6 T 905-623-3379 F 905-623-6506 III REPORT NO.: CLD-037-02 PAGE 2 of2 BACKGROUND AND COMMENT: The Province has recently proclaimed the Ontarians with Disabilities Act, 2001. Section 11 of the Act, which outlines duties of municipalities, comes into force on September 30, 2002. The duties of municipalities in accordance with this Act are: . Prepare an accessibility plan which addresses the identification, removal and prevention of barriers to persons with disabilities in the municipality's by-laws and in its policies, programs, practices and services. The plan, which is to be available to the public, is to include: . a report on the measures the municipality has taken to identify, remove and prevent barriers to persons with disabilities; . the measures in place to ensure that the municipality assesses its proposals for by-law, policies, programs, practices and services to determine their effect on accessibility for persons with disabilities; . a list of the by-laws, policies, programs, practices and services that the municipality will review in the coming year in order to identify barriers to persons with disabilities; . the measures that the municipality intends to take in the coming year to identify, remove and prevent barriers to persons with disabilities; and . all other information that the regulations prescribe for the purpose of the plan. . Establish or continue an accessibility advisory committee which shall advise the council in each year about the preparation, implementation and effectiveness of its accessibility plan. The majority of the members of the committee shall include persons with disabilities. Council shall seek advice from this committee on the accessibility for persons with disabilities to a building, structure or premises, that the council purchases, constructs, renovates or enters into a new lease. . In deciding to purchase goods or services through the procurement process, the municipality shall have regard to the accessibility for persons with disabilities to the goods or services. A Regional committee, consisting of representatives of the local municipalities. has been formed in order to review the requirements of the Act. The Municipal Clerk is representing Clarington on this committee. A preliminary meeting of the committee has been scheduled for September 6, 2002. Once this meeting has taken place, a further report will be presented to Committee to recommend actions to be taken in complying with the Act. 11 26 J J J J J J J J J J J j J j J J J J J L L l L L L L L L L L L L l l l L L l CllJ!.#lgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9, 2002 Report #: COQ-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 an 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~J ~ ~ Franklin Wu, Chief Administrative Officer r Marano, H.B.Sc., C.M.a. Director of Corporate Services MM\LAB\km 1201 REPORT NO.: COD.38.02 PAGE 2 J J J J J J J J J J J J J J J J j , J BACKGROUND AND COMMENT 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 "B". 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, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1202 " -L. L l L l L L L l L L l L l l l L L L SCHEDULE "A" Clw:ilJgton 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, Willowdt3le, 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 1203 15/07/2002 Large Volume ABC Schedule "A" J AGENCY AGREEMENT (Lan!e Volume) J A2encv BilJin2 and Collection Service TIllS Agreement made as of the 24th of JWle 2002 J BETWEEN: CORPORATJON OF THE MlTh1CIPALITY OF CLARINGTON; ("Customer") J and 1 AE. SHARP, a Division of DYNEGY MARKETING INC. ("Sharp") 2 Sheppard Ave E., Suite 8]0 Willowdale, Ontario M2N 5Y7 J Notice and Appointment of Agent: The Customer (as identified above) heJeby confmns and provides notice to all interested parties (each 8 "Notified Party") that by executing this Agency Agreement it has entered into a contract appointing Sharp as its exclusive agent to enter into, manage and administer, on the Customer's behalf, all contracts necessary to arrange for the purchase and distribution (which tenn includes transportation, storage and delivery) of gas to the Senice Address (as described in Schedule "A" attached hereto), as well as billing and collecting for these services. The Customer agTees that the tenns and conditions of such contracts shall be binding on the CustomeJ. J Enrollment: 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 transfer from its current agent to Sharp. J Direction: The Customer hereby requests, authorizes and directs the Distribution Company and any other Notified Party to release any and all information 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 payment history, consumption history, utility account number and account information to Sharp and acknowledges that such release may be subject to a fee in accordance with any tenns and conditions of the Notified Party. 1 J Distribution Company Terms: The Customer confmns that Sharp has notified the Customer that the Customer may be bound by the tenns, conditions and policies established by the Distribution Company for each Service Address and further confmns that the Customer will comply with such tenns, conditions and policies. J Reliance: Each Notified Party may deal exclusively with and rely on Sharp to make all arrangements on the Customer's behalf in connection with the supply and delivery of natural gas to each Service Address as if such arrangements had been made by the Customer. Billing and Fees: The Distribution Company will bill the Customer for the natural gas delivered to each Service Address and for certain 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 ShaJ]> in consideration of its services of $.001135/cubic meter which will be added to the cost of gas conunodity and delivery. The Customer acknowledges that, at some point during the Term of this Contract, ShaJ]> may bill the Customer directly for some or all of the costs associated with the supply and delivery of gas to the Service Address, provided that the Customer will not pay any additional costs as a result of Sharp billing the Customer directly. The Customer agrees to indemnify and save harmless Sharp from any costs or damages incurred by Sharp that are caused by the Customer. Sharp and the customer will mutually agree upon a pricing strategy that will be confmned in writing by Sharp with a separate pricing confmnation. The price of natural gas under this service is not regulated by the Ontario Energy Board. J J J Effective Date: The appointments and directions are effective as of the date of this Agency Agreement. J Responsibility: The Customer confmns that it has the authority to enter into an agreement for the supply of natural gas to each Service Address and to appoint an agent for the delivery thereof to each Service Address. The C\L<;tomer agrees to keep the payment of its natural gas account with the Distribution Company and Sharp up-to-date, to pay such accounts when due and to be bound by and responsible for the arrangements made by Sharp as agent on its behalf. The Customer has read the Contract and understands and agTees to be bound by the terms theJeof. J Term: This Contract is for a 3 year tenn conunencing on the date of fIrst deliveries as detennined by the applicable LDC (the "Initial Term.). Conditions of Service: Sharp is under no obligation to provide any services or to continue to arrange for the supply of natural gas under this Agency Agreement in any of the following circumstances: J C'IWINNnProf,eslb03Il emporary Inlemet FiesIOLK7IClannglO1l_ Gas LargeVoklmeABCAgency_AgreementDOC j J5JJ3..J 1204 J l Schedule "A" 15/07/2002 Large Volume ABC L (a) (b) l (c) l (d) l (e) ([) L (g) (h) if the Customer defaults on payment of its accounL upon wntten notice by Sharp, if Sharp is unable or is prevented from complying with any of the obligations it owes to the Distribution Company or if the Distribution Company is unable or is prevented from complying with any of the obligations it owes to Sharp; if, as determined by Sharp, any: (i) amendment to applicable law, by-law, statute, reg-ulation, rule, ordinance, policy, order, code, infonnation letter, g-uidelme, bulletin or dilective: or (ii) judicial or regulatory order, requires, directs or makes desirable, directly or indirectly, that a material 1enn 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 cormection with such amendment, insertion or deletion and the parties are unable to agree upon the revised tenns and conditions of this Agency Agreement within 30 days of such notice: if the Distribution Company no longer services the Service Address for any reason or takes any step to discormect supply, other than as a result of an emergency or to facilitate repairs to the natural gas facilities; if the Customer authorizes another natural gas supplier or Agent for the Service Address dwing the T enn; if anv other natural gas supplier is appointed by the DistributIOn Company to supply natural gas to the Service Address dwing the TenD due to an event of default affecting the Customer; if this Agency Agreement or any part thereof is assigned without the consent of Sharp; or if the Service Address is, at any time dwing the T enn, no longer owned or occupied by the Customer or owned or occupied by any person other than the Customer without the consent of Sharp. L Either party may give the other party additional warnings before it terminates this Agency Agreement. L Scope of A4,!ency: 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. Fun her AHurances: The Customer agrees that it shall execute other documentation (including another agency agreement) if required by the Distribution Company in addition to or in substitution of this Agency Agreement. Natural Gas Imbalances. At any time during the T enn, 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 forecasted amount and the quantities of gas actually consumed (the "Balancing Gas Account"). The Distribution Company may require Sharp or the Customer to bring its Balancing Gas Account into balance. The Customer will reimburse Sharp for any and all costs incurred by Sharp (including charges imposed by the Distribution Company and any other costs incurred by Sharp) that are reasonably attributable to the Customer to bring the Balancing Gas Account into balance. 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 the Customer or Sharp as the result of the delivery of natural gas to the Service Address, matters incidental thereto and any act or omission of the Customer or of Sharp taken or omitted at the request of or on behalf of the Customer. L l L l L Cu~tomer Indemnj~': Customer agrees that it will indemnify and save hannJess Sharp, its affiliates, the respective directors, officers, and employees, and the pennitted assigns of Sharp and its affiliates (collectively, "Sbarp and its Repre~entatives") 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 of Customer relating to the supply or delivery of natural gas to the Service Address including, without limitation to the foregoing, any claim resulting from any default or breach by the Customer, or any failure of the Customer to perfonn any obligation relating to the Contract or any obligation to any third party, including, but not limited to, any agreement with the Distribution Company. A~~ignment: Neither party shall assign or otherwise 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 otherwise transfer any or all of its rights or 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 under the Contract. Confidentiality: The Customer shall not disclose the tenus 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 with any applicable law, order, regulation, exchange rule or to effectuate transportation of the natural gas hereunder, provided, the Customer shal~ 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 equiJ:Y to enforce, or seek relief in cormection with, this confidentiality obligation. No Bu~jne5S Restrictions: The Customer understands and acknowledges that Sharp and its affiliates participate, or may participate, in numerous aspects of the natural gas market under a variety of roles and with varying interests. The Contract does not, in any way, preclude Sharp and its affiliates from pursuing any other business opportunities they may wish to pursue. L L L L L C:IWINNTlPlOfIl"sII:103l1 empol'l')' Inlerne! FiesIOLK7IClaringtOll_ Gas L.geVo~meABCAgency_Agreement.DOC /5113../ L 1205 15/07/2002 Large Volume ABC Schedule "A" J No Waiver: No delay or omission bv either party in exercising any right, power or remedy under the Contract shall be construed as 8 waiver of such 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 right, power or remedy. Severance of Invalid Provisions: If and for so long as any provision of the Contract shall be deemed to be judged invalid for any reason whatsoever, 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 give effect to the construction of such invalidity, and any such invalid provision shall be deemed to be severed from the Contract without affecting the validity of the balance of the Contract Entire Agreement: The Contract and A.E. Sharp's lener of June 11th, 2002 (Natural Gas Procurement- Consulting Services) contains the entire agreement heTWeen the Customer and Sharp and jt replaces any prior wnUen or oral agreement beTWeen the parties concerning the supply or delivery 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. Execution: The Agency Agreement may be executed in multiple counterparts and by facsimile transmission, each of which shall be deemed an original and all of which shall constitute one instrument. Address for Notices: Any notice or other communication under the Contract shall be in writing and shall be delivered by COlmer, mail or facsimile to the Address for Notices set out below or to such other address as may be specified in writing by either party from time to time. J 1 J J AE. SHARP LIMITED A Division of DYNEGY MARKETING INC. ("Sbarp") Suite 810 2 Sheppard A venue East WiIlowdaJe, Ontario M2N 5Y7 Tel: 416-733-2114 Fax: 416-733-0650 CORPORA TlON OF THE MUNlCIP AUT\' OF CLARINGTON J I J Per: Title: J Per: Title: J J J J J J J J C:IWINNnProfllesI1b03\1 elllpOlll)' In1emet Files10LK7IClanngton_ Gas LargeVoumeABCAgency_Apreement.DOC J J5J1bJ 1206 J l15/07/2002 Large Volume ABC Schedule "A" l SCHEDULE "A" TO AGENCY AGREEMENT SERVlCE ADDRESS lNFORMA TJON L l The "Estirnaled Annual Volume" for each Service Address is specified below: Customer Name on Bill Service Addre~ Location Name Mailing Addres~ Account Numher Distribution Company E~tjmated Annual Volume ( eu hi c meters) L L l l l l L l L l l L L L C:\WINNT\Prof,l3s\b03Il emporary Inleme! Fil3s\OlK7ICBington_ Gas largeVokJmeABCAgency_Agr1lflment.DOC l5lIbl L 1207 06/12/02 WED 09:09 FAX 4167330650 A. E.~HAHP 19) 002 . , .,....- ~..sharp June 11,2002 Ms. Lou Ann Birken,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 Gas Procurement - Consulting Sen'ices Reference your letter of May-14th relative to extending/renewing the Durham Purchasing Co-operative agreement for procurement and consulting/advisory services with AE SbliJ:p. AE Sharp is pleased with the Co-operative's intend to renew the existing agreement dated March 30,l998. This lener is a formal response to extend the agreement for a period of three years commencing November-1-2002. In addition to the special conditions as outlined in the existing March 30,1998 agreement AE Sharp shall provide: . 1. Every 6 months as a minimum anatural gas price comparison report (benchmarking) that compares: Price on Utility Bin, Actual Cost of Procured Gas, Utility Price on Bill for th'eir system customers and Market Price of Gas. 2. Annually, a complete reconciliation of gas delivered to the utility, gas consumed by the facilities and tbe mitigation.( sale or purchase) of surplus gas ( underco;nswnption ) or the procurement of make-up gas (overconsumption) to balan~e supply/demand to zero. Items 1 and partiCularly item 2 enhance the financial accountability of the process between AE Sharp the Utility and Client. From an audit standpoint AE.Sharp records of procurement and sale of excess gas are audited on an ongoing basis. The reconciliation is triggered " by the utility ( ever 12 months) within 60 to 90 days post DP A renewal date ( item #S in May-14 letter). on bebal( of their clients fiom IIp to four major .gas suppliers ( ie BP-Amoco,Coral (Shell), Dynegy Canada and Duke Energy) in the best economic interest of our clients. . 2 Sheppard Avenue 'East. Suite IllO, Willowdalc, OntarioM2N SY7 Tel: 4]6 733.2] 14 Fax: 416 733-0650 Emeil: answers@ae-sharp.com 1208 06/]2/02 WED 09:]0 FAA 4]67330650 'l ~-----_.__._-- l l L l l l L l L l L l L l t L L L A.E. SHARP 141003 .. 3. Annually, a report confirming all facility locations and the volume consumed by each facility. 'This report is updated by new facilities and/or deleted facilities and is the basis for year foreward gas procurements; The report also assures that the proper Rate status (ie 6,100 etc) is consistent with the facility annual consumption. 4. Fee structure shall remain unchanged for the contract term @ $ 0.001134/M3 ($0.03/GJ). 5. Price of gas commencing November 1,2002 shall be based on a mix of fixed price and/or indexed gas post a strategy meeting with participants as soon as it can be arranged. Relative to gas procurement the market has been extremely volatile since early February and where there is volatility there's price uncertainty for the near to medium tenn. The market environment suggests we should discuss a market procurement strategy sooner than later. Market Prices (AECO Wholesale Prices) for I-year gas Nov-'02 thru Oct-31-'03. 5/GJ 51M3 Feb._6th May_14th June-ll th 3.80 5.50 4.70 0.1436 0.2079 0.1776 Please review this proposal and contact me directly if there are any areas that are not covered or any areas that need further clarification. - c... ~ - ".- ....!. 'f(J This proposal is open for acceptance by the Co-operative for a period of..8t1' days from the proposal date of June 11,2002. Again, we appreciate the Co-operatives continued interest in AE Sharp. Yours truly, 1209 iifi ~l' q ~~S~~~~C~NNN~M-~~~ ~~~~~~~~~~~~~~~~~~ COOCOOOOCCCCCCCCCC I i I ll= . J } \ii! I ~i~~ . I ml ~I i 1~' - ll~ :~' 1[1' I~ iiii HH ~~~~~~~~~~_~~~~~~ft _ .................. i ~I. I ! tU!lli :m ~t! Ii N~~~NN~~~~~~~~~p-M I Iw~~.I.- ~~1 ~~~~~~~~~~~~~~~~~~ el'IJ'i~t. ~j cccccccccccccccccc ~'e*t;i ~; l' I ,.. 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III f")NC")__ 1"") NN l '"' u ii e lRlRlRlRlRlRlRlRlRlRlRlR ..... - ..... ... p ... ~ ... ... -, - ..... w. ..... ... .. ... ... ..... .. ... .... -."... .- :I >- ~ u ~ ~ ~ ~ u ~ u ~.,u ~ e J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.'i! ~ l ! u ~ -N!nnlr=~ N N L' - - - N I Ih nnn IIi I ~ ~~ '* iN l3 U .L lI. ~. ell!! l 1 211 - l L L L L L L L L l L L L l l L L L L Cl!J!.mgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9, 2002 Report #: COD-39-02 File # By-law # Subject: SUPPLIER INFORMATION NIGHT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-39-02 be received for information. BACKGROUND AND COMMENT As Council is aware on June 13, 2002, the Municipality of Clarington hosted its 2nd Supplier Information Night at the Courtice Community Complex. The first event was held in September 2000. To promote the event, advertisements were placed in local Newspapers and on the internet, including the Municipality of Clarington and the Clarington Board of Trade web sites. In addition personal invitations were sent to local businesses. Submitted by: Reviewed bYO~ ~ Franklin Wu, Chief Administrative Officer rie arano, H.B.Sc., C.M.O. Director of Corporate Services MM\LAB\km 1 212 REPORT NO.: COD-39-02 PAGE 2 BACKGROUND AND COMMENT The focus of the evening was to encourage and educate local suppliers and contractors on how to do business with the Municipality. The evening included presentations by the Municipality of Clarington staff and highlighted the two main construction projects currently underway, that being, the Clarington Library I Municipal Administrative Centre Expansion and South Courtice Park. Presentations were also made by the Clarington Library, the Kawartha Pine Ridge District School Board, the Durham Purchasing Co-operative and the Electronic Tendering Network. The assistance and co-operative of the Municipality of Clarington Operations Department and Community Services Department helped to make this event the success it was. The first Clarington event held in 2000 attracted approximately 30 participants. This years event had approximately 70 participants. Feedback received from those in attendance has been extremely positive. It is our hope, that this event will continue to grow in popularity and will further enhance the communication between the Purchasing Division and both current and prospective suppliers. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 , 21 3 :1 1 1 "J J J J l , 1 J I I 1 J J J J ] t L L I .. l t l L l l l L l L l L L L l CI!J!.mgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9,2002 Report #: COD-40-02 File#_ By-law # Subject: TENDER AWARDS SUMMER COUNCIL BREAK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-40-02 be received; 2. THAT the attached By-laws, marked Schedules "A", "B" and "C" authorizing the Mayor and Clerk to enter into the necessary agreements be approved. Reviewed bYO ~ --=:;~ Franklin Wu, Chief Administrative Officer Submitted by: ~ , arie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM\LAB\km G :\R E PORTS\COD RePorts\COD-40-02- TE NDE RAW ARDS-COUNCIL BREAK.doc · 1214 REPORT NO.: COD-40-02 PAGE 2 J J j 'J J 'I J ) :f j J J 1 J 1 J J J 'J BACKGROUND AND COMMENT In accordance with Resolution #GPA-355-01, the Administrator and the Director of Corporate Services and/or the Director of Finance awarded the following T enders/Contracts during the July/August Council Break: A summary outlining the bids and awards is attached marked Schedule OlD". 1. T282-2002, Co-op Tender, Supply and Delivery of Winter Sand 2. CL2002-1, Co-op Tender, Traffic Signs 3. RFP2002-4, Supply and Delivery of Computers 4. C347-02, Co-op Tender, Supply and Delivery of Handi Transit Vehicle 5. Achieve Global Consultants 6. Hand Held Parking Ticket Writers 7. CL2002-25, Tender, Parking Lot Improvements, Clarington Beech Centre, 20 King Street East, Newcastle Waterfront 8. CL20022-29, Tender, Ice Resurfacer 9. Orono Park Concession Operation Attachment #1, Schedule "A" Attachment #2, Schedule "B" Attachment #3, Schedule "C" Attachment #4, Schedule "D" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1215 L L L l l II ... 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 Citicorp Vendor Finance Ltd., Mississauga, Ontario, for the lease of computers 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, Citicorp Vendor Finance Ltd., Mississauga, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "An 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 1216 By-law read a third time and finally passed this day of ,2002. J I j J 1 1 ) 1 ~j . J l 1 1 I J ] ] J J I 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 Harnden & King Construction, Ajax, Ontario, Parking Lot Improvements, Clarington Beech Centre, 20 King Street East, Newcastle Waterfront Trail. 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, Harnden & King Construction, Ajax, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "B" form part of this By-law. By-law read a first and second time this day of ,2002. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1 217 l L L L l L L L l L L L l L l l L L L Schedule "C" 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 Grace featherstone, Newcastle, Ontario, for the lease of Concession Space, Orono Park. 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, Grace Featherstone, Newcastle, Ontario and said Corporation; and 2. THAT the contract attached hereto as Schedule "C" 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 1 218 Schedule "A" Cl!Jl-!lJgton Municipality of Clarington AGREEMENT FOR THE LEASE OF THE ORONO PARK CONCESSIONS STAND Agreement between: The Corporation of the Municipality of Clarington (the municipality) 40 Temperance Street. Bowmanville. ON L 1 C 3A6 (905) 623 3379 and Ms. Grace Featherstone (the lessee) 82 Foster Creek Drive. Newcastle. ON L 1B 1G5 (905) 987 9973 DATED: AUGUST 23. 2002 ... 1219 ;:. (jocump.nl~ iinr: Se!tings\!pQl '.Local Seltings\ I em::Jor2fV Inlernel F:ies\OlK2\OronoPIo:Conce~slonscoc J ) ~ ] ,) J J ~, it. J j J J J 1 J ] ) I J ] t L .... J.. L l L l L l L l l l L L l L l l 1 220 Appendix "A" As per the terms. conditions and specificatIons outlined this agreement is between the Municipality of Clanngton (the Lessor) and Mrs. Grace Featherstone (the lessee), ola Hot Diggitty Dog, 82 Foster Creek Drive, Newcastle. Ontario. L 1B 1G5, for the period August 23. 2002 to October 31. 2002 for the operation of a concession at Orono Park, 61 Princess Street. Orono. Ontario for an annual rental fee of $2.00 payable to the Municipality of Clarington. This agreement may be eXlended for an additional thirty (30) cays upon approval by the Director of Community Services. The Lessee aprees: 1) not to assign or sublet all or any portions of the business or interest herein (without leave and such consent may, be arbitrarily refused by the Municipality); 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor, or spirits; 3) to preserve the Concession Booth in good order and to prevent any unlawful pursuits; 4) the Lessee shall serve the public promptly and efficiently and in a manner satisfactorily to the Municipality; all employees shall be well groomed, clean and neat at all times; 5) to fumish a Public Liability Policy valid for the Province of Ontario. Such policy shall have inclusive limits of not less than one million dollars for bodily injury, property damage resulting from any occurrence and will provide adequate insurance coverage with respect to any damage or loss by fire or loss by burglary of any stock or equipment of the Lessee upon the premises. The Lessee will indemnify and keep indemnified the Corporation from and against all actions, suits, claims, and demands whatsoever which the Lessor may bear. sustain. be at or put onto for or by reason of, ar on account of, any injury or death of persons and or damage to property arising out of or incidental to the Lessee's occupancy of the premises of their operations of the use of any right of way over any portion of the premises demised; 6) to accept the Concession Booth in the condition on which he finds at the commencement of the agreement; 7) to maintain, the Concession Booth, equipment. to conduct business at a high level of neatness and cleanliness to lease the Concession Booth in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 8) Service: The operation of the Concession outlet shall be what is known as a single service, that is everything that is sold is in or on a disposable container or wrapper, provided that all prepared foods such as sandwiches. baked goods and similar items must be fresh daily and subject to inspection by the Municipality at any time. All peanuts. popcom, candy and similar goods to be fresh and of high quality. Whenever candy is sold. minimum-prices sizes are to be featured and displayed prominently in plain view of the patron. To provide a good standard of service to the publiC patronizing the Concession and the Municipality is to be the sole judge as to the adequacy of the said service. with power to order such changes or alterations as he, in his discretion, may deem desirable. All beverages commonly known as 50ft drinks will be dispensed in paper or plastic containers (or cans) and that no glass bottles will leave the mobile or concession stands. 9) Operator's Eauioment: 10 supply all paper plates, napkins and paper cups and all other items and materials normally used in an operation of this type. 10 equip the Concessions by supplying and installing all equipment necessary for the successful opation of the Concession. All the eQuipment used must be of a cOnlemporary design and appearance and constructed of good quality material to the satisfaction and approval of the MuniCiPality. The installation of all electrical appliances shall be approved by the Ontario Hydro Inspection Service. and the Installation of gas appliances shall be approved by the Enbridge Consumers Gas Company. C:\Documents anc Seltln\;S','P01ILocal Settinpsl1 emPG,arv Internet Files\OLK2\OronoPkConcesslons.ooc 10) Operation of Outlet: 1 I All refreshments and food offered for sale shall be stored in proper and sanitary j containers, all refreshment and food exhibited for sale shall be covering in ....... showcases or other suitable containers. Wrap all prepacked sandwiches. cakes and other similar products in approved cellophane or similar transparent wrapping. Only individual cream containers as supplied by the distributor shall be used. Cream ~I'..'.... dispensers shall not be allowed. 10 operate the concession and perfonn all work in ? connection therewith in a wormanlike manner. complying with all public health regulations to the satisfaction of the Medical Officer of Health and of the Municipality. 11 ) Vendina Machines: Not to offer any food for sale by automatic vending machines except at the discretion of the Municipality. 12) to pay in advance the accepted rate on the first of each month during the 1lfeGf-.... agreement; 13) to abide by all rules and regulations approved by the Municipality of Clarington; LOCIIIo authorities. and all provincial and federal regulations; 14) to submit written evidence for Workers' Compensation Board that they hew complied with the requirements of the Workers' Compensation Act and is in gooct standing under the said act; 15) that upon breach of any of the express terms and conditions of the agreement; the Municipality of Clarington may, in addition to any other remedy canoe- the agreement, and upon receipt by the Bidder of notice of cancellation the Agnl8l'n8nl shall be null and void. However. the failure of the Municipality of Clarington to In&IIt in one or more instances upon the perfonnance of the bidder of any of the Tenns and Condition of the Agreement shall not be construed as a Waiver of the Mute performance of any such 1 enn or Condition and the obligations of the Bidder shal continue in full force and effect: 16) on the termination of the Agreement. the Lessee shall remove at his expense aM equipment which he has provided at the Concession Booth in accordance with an itemized at the commencement of each succeeding year; 17) during the last two months of the Agreement or at any time that the Lessee may be in default of the covenants. Tenns and Provisions hereof, the Corporation shall have the right to show the Concession Booth at any time provided the business of the Operator is not unreasonably disrupted; , 8) to refrain from putting up or exhibiting upon any part of the Concession Booth any sign. notice. notice board. painting design or other device advertising any business undertaking or scheme without having first obtained the consent in writing of the Municipality; , 9) not to use any public address system barker, spieler. hawker. hustler. crier or any other noisemaker to advertise or attract attention to any article. ware. produd. merchandise, service or function offered for sale or rent by the Operator. Date: Ms. Grace Featherstone (I have the authority to bind the company) Date: Witness Date: John Mutton, Mayor Date: Patti L. Barrie. MuniCipal Clerk 1221 H :iL EASE S\Or one;:; k Conces slons.aoc -) 1 J ) J I .-.....I.~ ~ ] 'J J 1 J 1 I 1 L L J J. 1. T282.2002, CO-OP TENDER, SUPPLY & DELIVERY OF WINTER SAND L L L L L L L l L L l L L L l L A contract was awarded to contract to C.D.R. Young's Aggregates, Pontypool, Ontario, with a total unit price of $5.95/ per tonne for Orono Yard and $6.20/per tonne for Hampton Yard. The Municipality of Clarington participated in a Co-operative tender with bids being received and tabulated as follows: Bn)ID~R Orono Yard , >Hampton Yard .. \ C.D.R. Young's Aggregates $5.95 $6.20 Pontypool, ON Spec I & II Spec I & II LaFarge Canada Inc. $6.50 $7.00 Stouffville, ON Spec I & II Spec I & II T.H. Forsythe Haulage $7.97 Spec I $7.97 Spec I Pickering, ON $8.02 Spec II $8.02~ec II Brock Aggregates Inc. $10.50 $10.50 Concord, ON Spec I & II Spec I & II The Operations Department requires approximately 10,000 tonnes of winter sand delivered to each of Orono and Hampton Yards. After review and analysis of the bids by Purchasing and Operations staff, it was mutually agreed that the low bidder, C.D.R. Young's Aggregates, Concord, Ontario, be recommended for the contract to supply and deliver winter sand to the Municipality of Clarington. The required funds will be drawn from Operations Road Maintenance Accounts. The unit prices represent an approximate 2 % % increase over those tenders for in 2001. The subject firm have previously performed satisfactory for the Municipality of Clarington. 1222 G:\REPORTS\ATT -REPORT -COD-40-02.doc Part E, Florescent School Signs Scugog Signs, PontYPool $12,464.10 J I I J j I J l -I 1 1 1 1 J 1 1 ) :. . 1 2. CO-OPERATIVE TENDER CL2002-1, TRAFFIC SIGNS The above noted contract was awarded as follows: SECTION BIDDER TOTAL BID CLA RING TON REQUIREMENTS Part B, Posts and Hardware Scugog Signs, Pontypool $34,070.45 $7,562.00 Part A, Signs Summum Signs, Ottawa Part C, Sign Blades Not required by Clarington Part 0, Signing Material Not required by Clarington Part F, ST A Mark Arrows Not required by Clarington A co-operative tender was publicly advertised and called for the supply and delivery of various Traffic and Street Sign requirements as required by all the participants. The participants in the Co-operative Tender are: The Municipality of Clanngton The City of Oshawa The Town of Whitby The Town of Ajax The Town of Pickering The Region of Durham A bid summary marked, Schedule "A" is attached. As the total usage requirements of each of the participants fluctuates from year to year and as the pricing is based on anticipated volume, an overall percentage increase or decrease can not be determined. However, in spot checking individual prices any increases proposed are reasonable. The contract resulting from this tender will cover the supply and delivery of various signs and miscellaneous hardware to the Municipality of Clarington on an "as required" basis. Subject to satisfactory pricing and service and upon agreement by the Co-operative participants it is recommended that the contract be awarded for a second and third year. 1223 G:\REPORTS\ATT -REPORT -COD-4o-02.doc l L L L L L Continued 2. CO-OPERATIVE TENDER CL2002-1, TRAFFIC SIGNS The low bidder for Part A, C and E, Martech Signalisations Inc. withdrew from the process due to the difficulty experienced in meeting Ontario Specifications. With respect to the 2nd low bid submitted for Part A by ScugOQ Signs, the maximum percentage increase quoted for the second and third year is 10% versus 7% and 10% respectively quoted by the third low bidder Summum Signs. Based on the fact that the overall price difference between the first and second bidder is just over $200.00, it is in the Municipality's best financial interest to accept the third lowest bidder, Summum Signs. For information purposes, reference details are as follows: t .. Summum SiQns Town of Markham City of Thunder Bay Annual Contract Value $132,000.00 $90,000.00 $60,000.00 Annual Contract Value L L L l L l L L l L l L County of Middlesex Annual Contract Value Guild Electric Ltd. City of Guelph Town of Aurora Each of the above references indicated satisfactory quality, service and delivery has been received. After review and analysis of the bids by Purchasing and Engineering staff, it was mutually agreed that the low bidders be recommended for the contract award. Pending satisfactory price and service subject to the agreement of the co-operative participants, the contract awards may be exiended for a second and third year. The required funds will be drawn from the respective year's budget allocation for Traffic and Street Signs. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respectto department needs, specifications, etc., should be directed to the Director of Engineering Services. 1224 G:\REPORTS\A TT -REPORT -COD-40-02.doc I~ Ii Schedule "A" ji 0 I~ 10 0 .. M 1M M ..'~'~ \~ I~ I~ Qi z u. ... a: < n. ~ ~ ~ U) t- Z W ~ W ex: ~ e=> 00 oIJW D\ ex: Q '" ~'E0 ~: ta~ -U) U ....U ~~ 0 tL . tt>LL a~ oIJ <( . ~= ex: 'W '" L- ." ~." r- ~: Q. .. r-~oJ 'u M ~._ I eN :10 ~~ ...J U ex: w o z w t- w lr < n. ...~ ~ ''C iD .C z J< m ~ ~ l/') j~ i~ :~ i l~ I~ l~ '" I" !t""'; J< I~ "m IC. 1- 0 ~ ~r Ie: IC; .... "i iv; c:i ~f I~. 1;1, 'N '" I::. '" In IC. Ifi ..~ M ,..... '''' M ~~ ... ,... '... ... 1 ~ 0 l~ 1M 0 I I 0.6"-0 "" N o Ii t... ... ltl a;;~JLri M ~ o !,C '" ~"C l~ ... 0 .... ai ~ll~ M N ~ ~ I ~ i ..... M ... ~ ~ ~ .... M ~ M '~ '" Lri ,..: C1l ... "" "'. i 0Z H c: 0 1\1 Z .2l '5 'C 0 U) 0 1\1 ~ c: ~ Ole ~'C ~Q. ~~ f c a: ~ fij I/) . .- 't3 c i~i on.... Ci o ~ - , N o U -- N o o N ~ ~ :;) C/') Cl ~ I J ), I ] J 1 ) J '1'- {' ~, J 1 J 1 J 1 1 ] J ] c:: ~ Cl 1225 L L L L L L L L l L l L L L l l L L L 3. RFP 2002-4, SUPPLY AND DELIVERY OF COMPUTERS A contract was awarded to Amsdelllnc, Richmond Hill, ON, for a total amended price of $95,800.00. A Request for Proposal was issued for 75 computers with bids being received and tabulated as per Schedule "B attached. Due 10 the low prices received, it is recommended that the quantity be increased from 75 units to 100 units, thereby increasing the low bid from a total value of $82,627.50 to $95,800.00, plus taxes. As part of the terms and conditions of this Request for Proposal and as a result of the interest expressed by Council, the option to lease was also provided. Although the leasing option increases the total dollar value over the term of the lease (36 months), due to the quickly changing technology, it is staffs opinion that leasing is in the best interest of the Municipality. Leasing allows the Municipality to return the computers at the end of the term and to upgrade on a more consistent basis. A copy of the proposed lease is attached marked Schedule "A" and is at an interest ra1e of 6.16 %. The Director of Finance has reviewed the terms and conditions of the lease and is in agreement with its acceptance. With respect to the low bidder, although they have not previously provided service to the Municipality of Clarington,Jhey have provided satisfactory service to Seneca Collage, Niagara Catholic District School Board and the Regional Municipality of Waterloo. After further review and analysis of the bids by Finance, Purchasing and Systems staff, it was mutually agreed that the low bidder, Amsdelllnc., be recommended for the contract to supply 100 computers to the Municipality of Clarington. 1226 G :\RE PORTS\A TT .REPORT -COD-40-02 .ooe Facsimile cltlcapital ~~ To: LouAnn Birkett, Municipality of CJarington Fax: 905-623-3330 Citicorp Vendor Finance, Ltd. From: Lorna Lukac Dare: July 18, 2002 Fax: J-877-843-6224 Re: CitiCapital Lease Agreement Phone: 1-800-991-4046 ext.236 No. of Pages (including cover): 4 Remarks: o Ur~ent o Please comment D For your review o Reply ASAP Good day LouAnn, A ttached please find the lease agreement for the equipment you may acquire from Amsdell lnc. Also attached is our purchase letter for your files which confirms the purchase option as 10% of the original transaction amount. Should the Mpnicipality wish to proceed, the lease agreement should be signed by an authorized signing officer as folJows: Page 1, on the first line below Lessee information Page I, in the second section for pre-authorized payments Page 2, initial at the asterisk in Clause 5 and initial a1 the asterisk at the bottom Page 2, at the bottom as indicated accepting terms and conditions Please ensure names and titles are printed where requested. Attach a voided corporate cheque for pn>authorized payments. Upon lease commencement, an auto-debit for $6,685.12 will 'be processed to the Municipality's bank account for first and last payments and taxes. Should you wish 10 decline pre-authorized payments, please issue a cheque, payable to Citicorp Vendor Finance, Ltd., in the amount of $6,685.12 and return with the signed lease agreement. Please forward the signed documentation (original ink signatures only) and cheque by courier to: Lorna Lube Citicorp Vendor Finance, Ltd. 5770 Hurontario St, 3M Floor Mississauga, ON LSR 3GS Should you have any questions regarding the lease agreement, please contact me. Thank you for the opportunity to assist the Municipality of Clarington with its equipment fmancing. Sincerely, ~lE<Clli;llWlEij JUl 1 8 2002 Lorna Lukac Assistant Mana~er, Vendor Sales ~ MUNICIPALITY OF CLARINGTON PURCHA~R~ 1227 J ~I .~ j I ) J ,.j 'IJ .J J J ] J J J-' , ' 1 1 ';' ;a J J lL~~~ EQUIPMENT LEASE AGREEMENT cltlcapital ~- G~~ T.&..uce Leaor to ....... IrB h AQIMIlIWII. .. GuIrMlDr 0011111)' and _11IlIy. II men lhIn onlll"" LeMot upon the IMClMoIlll)', b.1'lIcNpIcy or ~lzalIan ell l..... or ~ ttw eppcWllmerl at oGL/lnI1Iar") U'land'1lal8I1y g____ to t.aar.. Mand prompt pe)'lnll1l n perfour..a wIwn due "';_, trunte G Unl.., lIlIia.r lor l_ or 118 ....11, thI1 Gu........ .hIIlD1l.,.,. III be efltICliYe ell .n L....... obllgatiG'W to LHaor under .. ~ InllIIdng wtlhoul ImitatIOn pa)'IIl8I1I ell avwry raNlal8d." IlPPllolIbIe, .U II though IUCh paym.nt III L_ hid nDlIlHrlIllld8. ragl/llteU of whe ~ 1n.1Ihm8t1l, thI ...nI1ad baIanae fit raru, ruldUII value, adllllnlahIV'I ahargu, CllIIIIlolIllrI \.Maor IlCI'IlIlIltlCl .. ordar I'IqIiI\ng lha relIIn of .uch peyment n;1 Gu...... may be anIarc8d by 0 gll .nd Int.... The GurrIor II jolnIIy and -.uv lable with thI L.._ for" partormal1lll fit till benefit ell .ny '''9wa Cll' IUCllMICll' of Lellor. Nothhg Ihla c11d1a1Ve Cll' UI8Iy .. ~ .. ........ ob~gatiorll una.. .. Agraanlartl .nd .. GUIIMlll"I Otlllgatilllll haraundIr IN primary'nd liability _pi the flIP perlormal1lll MIl ~ of .11 the Lea..... obrlgltlonlto L.e_. wtlh inlw'aal d end .....1 nol be rel....cl urMn ~ IO'wd to In wrtIlng by .. L_. The 0-.. providlld In the Alr1Iemert. '!liE GUARANTOR CONSENTS TO '!liE PERSONAl. JURISDICTION '",H' theI the L..ear .heII not be ...quIracl tll fI"OClIad.gaInIt L_ or thIl E~ Cll' lD anIaro8 q '!liE COURTS OF THE PROVINCE OR 11:RRnORV IN WHICH THE EQUIPMENT WM ORIGINA of thI ether remadl.. b.len plcmdlllg agahIt the Guww1Ior. The Goaral'illr ... to pay" OEll\lEREO TO THE LESSEE WITH RESPECT TO nilS GUARA/InU. THIS MEANS TliAT J t.. oneill. ""'. I..., co.lIl ooalI and arw CIlhar uperwel Ir1O.nad by L.e_ by _eon fit q dIfIuIt by LEGAl. ACTION FLED ~NST THE LESSEE AND/OR GUAAANTOR(8) w,Y IE FILED IN St L ... The GU81W1Ior WlIhMI .. barwIt ell dIvIalon and cIIa~ IWIy r1gh1lo termlnIda He GulFllnllIe PROVINCE OR ~RrrORY AND THAT LESSEE AND/OR ANY OF niE GUARANTOR(S) MAY waJw. nollce of IlCOeplarD '--" and .. CIlhar nallou ar demanda ell ant kIr1cI to ...." tilt REQUIRED TO DEFEND AND UTlGA11: NIV SUCH AC"ON IN TliAT PROVM:E OR TERRITe Ou..r40r mey bf entllled -PI d8mWldI fit ~ The Guaramor _nlIto WI)' ....nllGna of tImI ". Gult1lntln lID.... thai ..w. ell P-' by re~a\.18d mall. r1Itum Illaalpl ~1l8d. th. or modlftcatlon of amounll of paymant Wftad tll ...._ and the rwI... .ndIar oompnlll'l1.. 01 q de8med the .q.JIv....... 01 ~I .-viae In .ny aultl .ction n;. Gu..-. ehIII be gcwwrned U...uon. of L..... or 'Il)' lither obIlgcn InCIIar ~ WIhoul In In)/ ...y rwlNIIi'18 IN ou.lllntar't _ruad In 1lOl>CnIWlll8 wtth.. I8WI 01 h provtnat or Ien1\Ory In wI1Iah .. .~ WIll orlgtJ ,lion hre<JncI... n;. II . oontIrUng Qua,._ W'lCI .,.. not bI c1i1Cha/VlCl Of aflactad by yaw dlIltvred 10 .. ......... To .. ....". parmtned by law. !he Gu.r.ntll' 1llIrIb)I...- arr;o W1lI .11 rI · hlatrelol1l. reprN8'1l11l111e., .~ ar _... In thIl ~ the GlIIlrenlor, II . _.- fit ~N n ,.medi.. gFllnt.d by" pnMaIorw ell q law, ltalull or regulallon whlahwauld," arw marner, - Guarwttar lllltllll.eaeor. belllllM8 l\D'ogaIad In any hypolheOl, ~.,.,.... ell rtclI1lI ell tilt the Gult'1lnlcr'. rIgI1lI and rarnedIat hIlraund8r Includlng, wtlhoul IImIletIlln. ~ plr&IMI tD Art L.e..or .gal.... the U_. h .......... pnlJlIrty Of any thIrll party Of WIll plrty'. P'llI*tY. Then tilt 2382. 1631 ...a Ieee 01 the eM! elide of Quebec. The Guaranlar ec:IcnowladgeI thIt I "I not n Guellll\Ull' .h811 nO! .ntcnle 01 ~.. eny .udl hypatIwaa. MOoI'ly InWwIll ar r\gIIla unIeIl and until.. payment 0I1n)/ ame..... herwundar by IMAnI ell . c..dIt ..d. " II the ..... wI8h ell the partial thlll t=1h8II he.. received peymentln I" fit .. t._... me.....ry obllQationa YldlIr \hi ~emer1l n GueFllm.. and all other <<lOCUlI..... Maoclalad wtth thI GU8T1lnl.. n .1 ~ ~en UI . ...... shell hIlY8 per10nnad .11 III other obllgatlont under IhI AQre_nL II at any lme payment fit be In ~Ith orq. II III .. voI0nt6 axpreu. cIH p"'" QUI c.eII. g...... at.taut III aOOJltl8nu . ell the obllgeUanII ,",II' the ~ .. raeoIncl8CI ar 0ltlI!WIM ,..,Ired to be Nllmad by rellaCtlanl elnal ~ taula -.nlII'1IoIItIor1lOl1rt1 .n .ng.... MuI.menL X X \/IIIT1IIESS SIGlllAruRE DATE GUARANTOR SIGlllAruRE J.rr NAME SUPPLIER ~ . . ... . f~me . j Amsd.lllnc. !dres! . I 4& MUI1lI S1reeL Un" 6 Ichmond HIli Onterlo LAB 1J4 .iIll '. I 90~81-3020 I. .Fax .;.1 806-881-3023 Contact .1 Model Number. Am&deti .' EQUlPMENl TEIUIII AND CONDmoNl III _ If"", .nd otrldIU".. twhili1 toll'lher wllh ~~ on 1lIilI' on. oIlwo .... pIG' IWIl cllwO .....01...11I enlllllCheO Idled/If II retlmld to II 'tlII AgINm8Il1"l. the_rei. YOU .nd YOUR m....h ~ .nd" ~--.:. WE. ~. ni OUR m.r to th.~. THIS AGREEIIEN' IS NO' CANCw.AIlLL 1. '.. IREU1Et{I: We _ LO rwrllto you ancl you -e- to ..nt !tarn u. "" .q.IpmInt ..lad ...... ... III .. lid _~i', a "'Y, (wtlld\, loV- willi .1 _ _ _cnmema III ...." ~1II11 ClIIIed .. o . \ou "''''''''1011'' .....Ipl 01 . oopy fJI "" AQ_N. Yau P_IO p811ll UI .. _I P'Y"** ""'1IlirlD Ill" paymo'" 1_' ._._ a. TERM AND REWT: Th. Inlllllllrrn fJI ei. Ag.._ ""'" -.._ on tho o.y thII eny 01.. Ecppmllllll [Q_ 10 y"" (In. "Comm._m.,. OI~ 'llw NlII_ e/ ..". aIlIII be pI)'Ibll lit ...... an .. -..) , tho .mo.,,1 pr1t'oIidld ....... CDrmw>en; on .. eo_...... 0... _ ..-.-..... ~ ItIIl be n tno ...... 01)' 01 ..Ch...".,...... period. wheIh.- me"""" q...-., or .. _...... nllllalllcl. w1III .1,..... 1d~1tic>'lI1 "Ill or _ cI1IrDeUIo under.. ~."'" h_ '-' paid ., iii. V_ ab"llrI Ill. Y tne I'InI ..,0 _ obhgltlon. .....n., .hIII be .bIOUte .nd urIClOnltIOnIt, _ .re nol ~ to __ ...._ ...~, _. rocwcuon..._r-dalrllfllraPlr___~. 3. DELIVERY AND ACCEPTANCE: Your COI1fmlaIIotl to UI, '" "lI!>hCmI or Dl'IIf "'"nt. ell.". "very 01.. ~.... III you .1tII, 0lltlI1tIulI JOlI' _~ DI .. EoUlllmlnlIn goocl ""'rtcrc 0llIlCIlIan: ... II work n.ry pnor 10 UN lt1e<'8Cl1 h_ been oomplated; W'lCI that )'lllJ h.". lrWpaOlad the E.qujpmanl n IlnI I. llO be W1t1lfllClory In .U rNpactl. You U'1CllnIa'ICI V1at MI wtll bI relying ~ IUlil oonlhnatlan bY II . condition to our JllRil." of .. Equlpmert. AcoapIanat .hll not be U'VHIanabIy wtthhelcl ar deleyec1 ... NO WARRANTlEI: The f:cr,llprnenI hN ....n oblllnell .. your _nd end In .llllGIlIn:II wllII )'11/ lin. """""" re_ IlIl your IIdII Of juclgmenl w.... rerdng" Eoutpml'" 10 you'AS 18". w.... nelIIW tr.lIprnorn aupcll" nor hi E:.Q\iP.....,.~. WE MAKE NO REPRES8nATlONS OR WARRANTIEB. .. ESa. IMPLIED OR S,...TVTORV, INCLUDINQ WARRANTIES OF MERCHAWTABIUlY. !'ONllIT1OIiI. D OPERATION. OUALl'TY OR FITNESS FOR ANY PURPOSE OR MARKETABIlITY Of nil EQUlPMENT. OR ", TO WHETHER niE EQUIPMENT 1& SUBJECT TO APfY CLAMS. HYPO'Tlt~, UENe OR OTHER ENCUMBF\ANCES. WI herebr '-1fIn to you. ... III _no "'llIl\1ble _ 'MOlOllI __ to ... .. ill.. of "" """'...-... Dr .upp'" .. ""'- ... .. ~ In lt1I ..... the EqloipmenllllWlUmlCl '" ........._ b) U', .i 8UCh _".,... .hIII b. a._d to be --'ilFlId 10 .... You -e- ... ClIIIm_ .1 """ monutaClU"" .. ._lIer under ...." _"._ NO SUPPUEJI OF APfY OF THE EOUlPMENT NOR A... GEWT OF ...PfY SUCH SUPPUER SHAU. BE OUR AGENT OR 18 AUlliORIZED TO WAIVE OR MODIFY APfY TERM OR CONomON OF THIS AGREEMENT.... ~ "It ... GI*WII. or "..... opIlIIlI - "",,","eel b) ~ you ~ "'" to ...... 10 par ..Ill or pertonn In)' cI )ICIUI obIIgIItlcIna hI__r. YOU HEREBY lJ~Vl/OW..EDGE AND AGREE ~ T AU OF THE EQUIPMENT IS OF A FUNCTION. DESIGN, CAPACfN AND , ,R S~IFIC-'TlONS SEL.ECTCD SOLEY BY YOU AND THAT WE HAVE NO RESPOH8l81UTY IN NEenON lllEREWITH. WE SHAU. HAVE NOT UAIlIl.1TY V\tW.TSOEVER FOR ANY DAMAGES. I DING WITHOlJT UMITATlON APfY PERSONAlINJURV. PROPERTY DAMAGES. LOSS OF 8USlNESI. OR INCIDENTAL OR CONSE.OUENTlAl. DAMAGES CAUSED BY OR RELATED TO THE EQUIPMENT. IT& MANUF...CTURE., INSTAllATION. FUNCTIONING OR OPERATION OR CAUSED BY /oN( DELAYS IN MAuRKlNG DEUVERIES OR REPAIRS OR BY THE MANUFAC'T\JRER'6 OR SUPPUER'6 PERFORMANCE Of ,TEIiANCE ON THE E-QUIPMENT. YOU AClCNCMlL.EOOE 1W.T THE FURNISttNO OF MAINTENANCE S /ICES FOR THE EOUIPMENT BY TME MANUF"CtuRER OR SUPPLIER DOES NOT IN ANY WAY A 'CT THE DISCLAIMER SET fORTH HEftEIN AND DOES NOT 1088URE IN "PfY MANNER WHATSOEVER RRUFTED OPERATION AND USE OF THE EQUIPMENT. ~ t'1~.1 CAN Q 1f<""11~ .. . :Ttlnnin . . 36 .: :1I:ot .. Feymerl'~ Montha. : .. . .P."yrilents . : 36 (P1uo:eppl... 2.90e.67 ~)_. . .. ~ MONTHLY o OUARTERL Y o OTHER SECURITY DEPOSIT ONLY . A.ttl)':~!T!',q, ~Ii ~~!I" ~~f!m.'llt you ell'" :WP.y NlA . :In.dv.nce.u :ueu :&'lncIUd"".ehe ue in'1he emount.of:... J mtn~ . ." L:fSSEE CorporatIon of the Municipality of Clarington 40 Temperance Street Te~pbbhe L 1 C 3A6 8Y:1I AUn1OFUZE.D 6100lA'TU\E T1'l\JE PRIIiIT_ 8Y:J AUlliOFUZE.D BIG'tATURE TI'l\JE PRINT NAME O.a. T. N&a'1lber: 171101211 THE TERMS AND CONDITIONS PRINTED ON PAGE ONE OF 7WO AND PAGE 7W OF TWO ARE MADE A PART HEREOF PRUUTHORll.ED PAYMENTS- PLEASE ATTACH SAMPLe CHEQUE Th. &.n< I. I\IIhorizad tD pay and deb~ tD the .oc:ounl 01 the uno....V'*I.. paymeril drawn by Or our bIhIl~ 10 1"_. including thoM In the form of megnellC I8pI. We au- thai h ilInk WlI no! liable fer 81ft ioN or damage Inourreel e. . _uti 01 .nything done ar not ClllnI p.rIU8111 to ' 8UIhoriutlon. If the .ocount 18 tr.M1.rred 10 .nolher branch OIlhe .CCOIJI1 II aIllMll .nd en .ccou" opWlltd 11 InOlher benll. thI. .....hor1z8t1on ....a hev8 lhe ...... folOl and 8II8CII .. . . h8d ongin dll8Clec:J fo trill bt1lnCll or bank e. the CM' may be. ThI. .uthonzellon II IIlV11n In 'DCOrll8\"C1 with terma 01 . I...., or I...... with. or other obllg_ton 10 milk. p8)'l'l1l'1la 10 CIIlllllrJ) Vendor FinenCI. LIe. . OM P.. AuIhortz8d Slgnel\n ".. P.. Aulhoriz.ed Slgnel\n TI.. INOMOUAI r-"i~i rv..MC W\1& LEAlIE ORIGINAL Ame/Ti:)ero1~ (liff .. OWlI!fJU.!Hlr. Pl:'UVII:K,. ANP 1\UI~ftAL.: VVI IlWJ' ~ ... ~ or IIWblgIIIe ~ CIfl I'll IAJOrlQ P-Cll\ WIWW n ~ cJ denwge \0 pope/1)' or 0lIIIrwlM: (V).. a ... CIWge, en. 'Eq,JipttlWll ~ _ DMleI'IIll\I. ~ MIl llIIt III the ~ ... ,...., ~ n lit .. .. .,........ on .., rnarlIeI II.. ua. 1rlaIuelln; ~ na-II tram MIl .w .. .... aI Cl;~ UrnN. 'l'ou eakJ~'" II nat Inlitr'ldeCl twlhI ~ _ . t-..1Iy.~~. ,.. fII ~ ptrOtl1l (:I"") ctlCUtltCl .m p", /IlIlrllhIy UI1lII ptlll n U. bI.Il n no :; you hrwDv aultDtD .. III _ .. ~ 01 .-.y ___ or DlIwr ~ n rt8PJClIlIl'" tw'I ". III8IlInun IIIIt ptr1l'llIled by Itw, (vi) NClUft you III ......,. .1 Eqlipment .. ycu ...... ~ IIlowilg - rar. n .. ~ ~ ~ 1..bA.._1h .., ~ dW"CI' ~ -1grltIM by _ analClr .~) crwve you tar ... lht ...-- RUrIlll n _rt \0 III ftIlIcl or ~ .m rtIlltllMll _-"'Idl.d. .m III ""*' _..,.. d---'1lp n the ftarllt_1II cI .-.y aI _ r.tltdl.... 1I'lci~ ., __ DlllllIItalIan. rwuorabIl 1tgtI... on . ~1Rtr'I. .... V'WI III b l1Ct' III _CUlt ycu _ __ .., you ....." ..,., lD.......,. din bttla. .m ~ ___ ~ .".. ptymtlll II nolllltOt by you ~ Clut ,.,..,.,.. ~'!:'~ t-ll:'::. ::':'l:1l# p: h:':: III ~'" & ::::;:y rI &"1Y ~Gr \~. a.....,. '" JIlOi Iii, ;.; f'.. ;.......I*,'......1>J-... nul __ llwIarw rnllIih....... ...n . ~enaan ~ You II(lIM lD - .., __ .,.. ...--. ~ Ill' CIOCuntr1I CIftMt _~. the V- DI W en __ c:tIlllitltCl atlht _ DI "" ctlU par G'lIllOI __eel by III tar Nllh ~ You .,.. III ~ orl'tillQne III tar .,.. ..".., .... rwocrclI1lgI. IUCh ClI~ pe)IlIItI1l. .., (y) ~ llolIn. My '1I'IClI.n .,.......... .0 pe<nYlled IlImp or ~ .... or ... ItlItIItCl to lht ~ or -*1G d.-.y IUlfI ~ or .-..-.. No mcrt atw.U '- ba.1 ~_cI by IN will be cndlltcllD)'lllI. You elto ItgIM to pay .. tI\ tclmI,*,rwl tW'I ClIlt hll1lJl'ecl tIlflIJ (tllD) mya .... naI ... lIw\ nrwty (lID) ~ prtar IIllht ~ rlthI WtaI ~_ aaIarI. tor evwy NSf ctltoo.I8 -.melllll ... The ~ c:htI;t. may Dlcha ltrm 01 any ~ -.m cI" ~ you tIwlI c;v. lit ""'*' nalIat di'DI ~ to rtVn" III from lime III 11_. 8uah.n -.n aIlaII be ~ n tdCIIIan lD" _. .... by~.. J E4J1nI'1I lD IN .. pr1lWION btiDw. f'Iwilled you '- ~ IUlfI tmaIy naIIat, you .,.. ,.",.. cI tw ..-aIM 01 .".. a1lht rwnedIN prIMCItd hertIn. AI CIlhtr IWntClItI ... GJnIJl_. ... In ~ f~..a........ prtptIcS, III III n VOOCl.... ClllIlIQon.., wortdI1g _.ClI'dIrWY _ any 0Itltr ,.mtdItt p1'lNlOtII by '-. ..,., may. to lht ..... I*'IilltCl by IIW. 1M .. MIl "- 8IDPItd. h . IIa'YW .... tIl . IOOIlIlcn o~ by uIft you ... III 10 f't!tMy ... ", ~ CICr1OoJI'IWlII cr .~. ~.. d .".. _ .._cIy aIlaIIllllI III cftemtc:Ian eIM:IlG"l ot nollllalllll you fIB \0 1IUn" EIIulpmtr1Ia. plNlcltCl '-- .... ~ ... ..... tar In ~ ~ the ..-aIM 01 .-.y ott.r rtrIIIdy. No falkn CIfl _ pa" lD ..-eIM .ny rlOIlIllI rerne~ ltrm cllMIvt (12) naea 1tCIh.. ptrlock,.,. ~ to the ,.. p1NIdtII twWl or CIfl" W1N MIl 1IelIry1n...attng .ny~ ornmeoy .haP ope~.. a.tver DI.-.yrighlor _cly cr rnoclify t ~ hrtaI. ~ lht ~ pnMaIon ~ IwW\ cI thlI ~ A __ Of lltolaI" atwII rot be CO'lIVUIIl . . __ cI .ny o\"'~"." .. un. t.WNTEHAHCE, JUlK OF LOU. AND 1NSURAHCl: YIN 1ll"W1Il~"". 00-'.'-' IIa'NI. You ~y MIlll'lOOl'l:ll\Jcntlly _tvt IIIIY ~ or fuIIn IilrIIto tllOC8t8 ....., rtgloltliaol Inll or-. ....lr1lIlIl thII ....,.."...., .. ~ II' It ..... You ... to ... the ".. III UI ~ III .-.y al*lItIc llblIl1- a.. UI1dtr'" ~1lMrll or UOllItr any ~ ~ tar ~ ~ ortt enol tor ~ fIrnIIy or ta.tIlllId JIlIlXIMI). You.. \II, ft:l you ~ ... M Ill8y .UllOtJ1t ana ~ .ny ~ _"lD Ill)' ollIlgt1oon a f'tapOf1llbl. far ~ tw EJ:rJIprntfll tfICl you 'V-' to kttp.. ~ n 0CXXl"'. oardllO"l rid ~ Dr w1lltr enr -va- a-r-n UI IIflll _ "'" _. ....--. .us f'tlP\liy , ...aricIng ordIr 11'III ""'" . pa1t ana aervtanp ~ .m you ... __ lht ....,... lD 1M ~.. fMf1Y lIrntt .., In tutti mrner .. _ lrum an. to lime. .. tk. You .ac aJIhol ClPlI'W*l ~ In _.....~ wIIh thI nwru.cnrr. .......,.._odl6.. .., IIIIPIlIIatIlIt ....m lDlIbht MIl...fIIt --- pwytble by UlIIl you wllh arnruu CNIinlI t'am you to UI 'I> , ~tIIOrlI. Ily ClIIfl'pItIlI _ lIlI)' QUdllecl p.-.crntL EJmIlI far ..-..y _ .., _. ~.. WIltItwr d.II cr not tnll ~ 8baot.U or CDtltngtIlI) w1lltr .. _ Dr ....... ..,..... t'NIpOI1aitll. tor praltdr1g tI'It.~ nm CIttMVI tnll Do cI tn)' IdrIlI. .lht ~ II -gecl f'tItIn tI'It IUfI\ ... forth u.:- u . Hc..nty ~ tor raw ptrtormIl_ III ycu obI_one' Of lot(, you 'lI"'" to JIf'lIllPIIr nalIIy UI 0I1UCh CItmtQII or aa. " ... lD mnthIt to per ....... IIfllllD Upan ltwt.JI tarmIrwIIan 01 1m ~.me!1l. provldtcl you .. IlllI n ...... .. 6ecariy 0. PI)' lor Iht lXII' cI ~ II the ~ .. ClMV'O)'lId or GtrrlIgecl be1or1ll NP*. ... ~ 01' laIcIr'I I'tOITt8d III )'lllI. No ~ .taIl 1M pal(! L&Xlf'I .aIel 6tCUt1y DIpCIIll n" '*' aI ott.UIl _ n !nlrn)'llU. ..Iy or 0\I1rlfltI, you Ill"W lD pamplIy naIi'y lit cllUlfI ..,.,. or btI, to ~ per aiel 6eor.I1fy ~1l1lllU't In)' cil'f8U1l UI any ~ cI..... pal cu ntrMI tnCll'1t 01acDlucl...... ..,., R.-.. vu. .. oatr.ll 1M... 11. AIl"GNUENT: YOU ~VE NO RIGKl TO SE1.L.. TRAN8FER OR AS81GN THI8 A~RU;::.' YoutgfW" o.m; "" 1Itrm cllhIt ~.... 10 I\tep thI ~ fully InN'tllfllrb U ...-.--._ SUBlEASE, PlEDGE. ..-oTHfCATE OR OTHERWISE ENCUMBER OR PART WrT'H P 0lIII tgtirltlloll by lIttInIgt, fn, IrI:IuIIIng -..0 -... lhItft. llllIItIon end.. ClCt.- ~. &'1ll OR CONTROl OF 1ltE EQUIPMENT, OR ~ IN'nREIT IN THI8 MREEMENT. tplINt U8blllly wtU'1l hm o.naoge III ptq*ty aI ~ tnll bocIIy ~ or ~~. IW1FCI UI.. 081AINING OUR WRIT1CN CONSENT. '1ft flit)' ttlI. 'uIlIn. or .......lhIt AQrtJe_nt WIlh lht fnt Iou PI)Itt. YIII Ill"W to abtIIIn . o-ww ~ t8bIIIfy ..... PlIIclt tram . ClOf'I1PInY )'llU. YIN aVII IhItI . M .... tNigrl. or trromr lt1It AglwrntN, "" ..... _, ViIIl"'", Iht _ -.pwbla Ie ... hclUcIng UI II ... tca:lItor1II .....-.a CIfl h ~. 'nit ~ .... - ~ .m bttwIm .. _ Ilavt now ana wIIJ n:II he-it III peItomI eny 01_ oIIIIpllant. YOUa' .,. It1t ........ gIwu III II ..... to illY' wrIItrl nalIca bftrt IIltrlng or ..",....a.~ thI --.ot. YIN cI ttw ... __... nal 1M 8Ubjtcl to .".. dtlInI. II*-. or 1It\o4lllt.. J'lIU Il1tJ' htvt 8 I tgf'tI to prI:NIde III --..... or __ ~ cI .-...- ~ lD _ r you clIl .... you IIG'W "" VW1I cI ~ or ......,. _ ~ to ..mttn ....ponaIllIt tar _ oIIIIgtIlOfW, 1M - '- the tIgN tIuI ..... obII;ttia'l to obaVl -..:h ~ n Mtil.... J'lIU ..,... III pay III ta. CONIENf TO JURI8D1CT10N. GOVERNING LAW AND WNIIIR: YOU CONSE to 8N COllI \l'ltftcI. You Ill"W to IIIDw ut IllInIptcI the ~ . tn)' n.MC)...... tIrnt UIlDf'l f'IOII08. or PERSONAl. JURl8D1CTlON Of THE COURT$ OF THE PROVINCE OR 'rEMn ORY IN WH II eny time WlID.I "*-11 - btlltw fh8l h ~ .. el8r7ItgIIll. ...... 01 being ~ or t. nol EOUlPMENT WAS 0RIG1NAlJ. Y DE1.NE:RfD TO YOU WI111 RUPECT TO NI'f ACnoN ~ pnllltfly rnerJlUlt& . 0\1T OF THI8 AGREEMENT OR THE ~1PMEH1'. me MEANe THAT NI'f LEGAL ACI' 7. INDEUNrrr: WI ... ftlIt fNDOnaltll. for My u... CIImIIOtI II' ...... ___ br thI.....lIf\ AGAINST YOU MAY BE I'LEO IN lliAT P'RO\/\NCE OR TeRJUTORV AND THAT Y '.' NmOYlII or .... cllht ~ Ylt.l 'lrN III ntImb.nt UI tar, III hatl....".,..."".,.,.__..,., RI:OUlRED TO DEFEND .....DL.1TIGA'rE NI'f SUCH ACT10H N 8UCH PROVINCE OR to ll-.cl III tgtIrIIIenylMJll tar '--. cItmtgeo or ...... (nlUdIrlg 1tgIII.... ..,..-) -..d by Ylalllgl'M....w. at poaee. or ~__ .... or by..... """ llIlltenwlllht It1t EQUiprnwf. ~ __ n My .UDI _lIf\ Howwvw. ~ n .. ~ a... be l:Ilrln'UeO tc l.'fAXE! AND F&a:YIN.VII III pay wtIWI dl.a, or ~... tar..--. C_ttwlcu h:DIII )lialklllarw nWl1lcihNt rn8y lie fIItcI by tn)' PIlf\)' III 111. AQrMl......CI'ftI_ aI obteinlng 01 oepIltl ....) ... ..... tnll ~ ntI8IIrtg III lNI ~ or ~ lD .. we II' --.nIp III pr'OllMI In My IUIIh NIt. 'TNt IIQ,....,..... alai III pemtcl by tnll-.truecllD the ..... cll hl E~ raw or....... *"PDn4. IewItcI. or uttlIttd by .,.. ~."""'1IU1IaIpeI or _ or Itrrilory In Mtillht &lut1*Ml1l _ or1;v.1y IItl'IVtf'tCI \0 )'lllI. TO THE EXTEHT PER . Ieloftll tlllhaItlr ltpCII\ "' ~ or If" ~ or .. sua-. ---. ~. ~ LAW. YOU HEREBY WNVE NI'f .....0 AU R1GHTS AND REMl!DEI GRANTED Y ~lIf\ 181. CIf*'IlIaI'lIlftI\lU'n...... .m tor any ..... i1lUI'Ill WItt Mlf*ll1Il "" rnP"tlilIn PROVI810NB OF ANV LAW. nAnrn OR RfGUATlON WHICH WOUJ), N ANY MAN ".' . clflflInCiIlg .__...... _c/or:Unef'lltllonODlltl. Mr....... ._...u CItwgtt.br OUR RIGHT8 NlO REMEDIE8 HEREUNDER. INCLUDING. wrrHOUr UUnATlON. PROVIS III 14Xlf'Il'D" ...... IIlIlllN IlIIlI\ ~ ""'" II _ llpIor\ Ileoalnt ~ 0Jt tram you. THE LlMITATION8 OF '!liE CMl RIGHTS N::T OF 8ASI<AlCHEWAN......O ARTICLES '672 J Ec,.MIWT'..... Ioctl8ll In ctrIIIIn prwr.. or ttr'I1ll7tn II ... III .... ... .... "'*" rtqit thtl ..... OF THE CIIII. CODE OF OUEBI:C. . ~/ pail up h1I.. you ~1Il~""" up.......~... clIl to by ~tar.....-- ~ cI", 14. n!-AUTHOIUZZD 'AYMENTI: 1/ you '- OOfIIIIIettcIlht p-.Ihorlz.ICl pa)'llltnl .. .ppllocllo ttw - cI ~ . you ClO ,.,. noucII ptylMftl up .... you __ III to ~ l'1t en DI two, you Iltrwbr ~ .... the eigltuAt .~ on.-oa _ rI two a.. thOU 01 tD and ~ ycu nanhIy ~ by tI\ trnlU1I .... Ill.. ___ ... ...-lIIlt-lppIelllll.. ..eatztcIlD Ilgn CIfl" -.. willi th. Bert.. You ~ or...... "".&Ink 10 pay , Ina1f"Iy ,.",., ---. .... ... -... tptClIIItcl 11ft .-oa ... 01 two rsptOllltCl AIIalu1l") ..... . ....... to w rnai .. LOCATION Of EGUPIIIHn Yau wi! kttp tnll lilt lht ~ fII'I'I .. i'DI ..... "-' an .. ~ ... tor1h on ~ ... 0I1wo or II rr-.lnltIntcI """ I:Irwtln rllIw link. You 4~ ptg. - cI IMl. you.... \IlIl Jlt ~ wi! not .. rwn-.cl fnIIII ... .... Y'1lII )'lIU pi _ IIwt pnMaIor'I tIICl cIt'-Y cI lI1a eulhOr1ZttlClI' to fa Clllf1IlIUII ClIIw.y by ,au to the BIW~) W'1lIan ptrJNMIan n ..... III - . tflIllttll . .. ~ ..-- end ~ ~ _ ... lit i'MIIcltcI by peyn.u. M nwy .ltcI to OOIlec1lllw NIl 0Jt ..... . ~ea pi ltnq\ It may bIamt IIIIIlNlllD ,.., orlmn~ P'CIPI'tr. You lItO ....llllIto '*"* lht ~ (h:t.drlg.-.y __ 01 NIl). ~ PfIY'I*lII mar III ........-. an or .DOl.II to I>ICClf'Il8 tI\ -at or . .... .... cu prtar ..,.., -.wL .... ...... pIftlItl 10. EVEHTI OF DEfAULT: You _ nClllalll U'1der.... ~ r: Cl)youM.,.,... or .-.y... 11. cua'l'OlllR ,.0.: 'You .... thtl tn)' PIrcf.- Orller ...... to III -rInlllht ~ peym..,. htno.Ir1der wtIWI 0Jt; (I) J'lIU Mill ptrform any db ......... --. or _..on. aI .... E:qJIprntIlI II IuuecI tar ~I cI IIJ\t1Or'IDllor tnCl ycu IrDrneI ... ...,. MIl -- ell' ' 1\gI9........ ... "" ItO) .,.. ..,.., natIot; (II) )'lIU bIant Not--. ..... II' ..... ." ut9mtIlI -.Allont... morIIIy....terme or CO'1dIIIont fII..... ~ ' b till bI1l8tlI rI tndIart; CM . --. trUIIM. - _ _. Ill' IcPdIIor It IIIIPI**d wlIh or ~ tL EHT1RI! AGREDlINT: ThII ~ lXlI'1lUw .. .nth _..._11---' you In. ycu CllflIIf1l; (V) you ..... III or ~ lht ~ orlhlt ~I_. II' ....... 10 clIl to; (vi) modIIlotlIont clINt ........ ... be efttaljw ..... n wntn; tIICl t9ttll by.... pafli... ~ .....-. .. ~ frDm lht IaaelIon 8ItlItCl CIfl .-oa - cI _ (vi) you _ . ..,.._ "'CII. cI n. NoncE: NIt rtcllIat ~ to 1M otYWI In ~ Ir'IcI by ..... mil, ...... Dlllell_ .. ~ or ........ to UI ... II mm.rteIy hlorrIcI; (VII) you - . ClOo........... .., IllIfWOI or pM)'.... atlIII III cIHrntCllD "- ..... _Ivtll CIfllht -.s butftttt _ fOllowing pottr. btrwIIcIaJ ___ III,..,CI'YCU tuelr.-llIw1gtt hfll... Mtil tIIIIItIacI... CO.._....._._4 0. .... or ~ CIfl ftI ftral bu.".._ fllIcMtftll ~orl'WWlllletlllr\ ;j_ (Ix) a .... ~ .......-. II' tlntIIII ..- II ......, or ......, .... .. ~ (lQ,.., . tl. Q.ERICM. !MaRl: Mr dtr10ai Ill' ~ emn n!Nt .....".. or '"Y olhr-; - to '*"I on ~ II' IIlIIU II' ~ 10 nlIIIIt eny .... III b ...... or .. -Ill' .. part III ........ wIh We ~._ 4 ... not atIta lhIIr vtIIIcIty ... ... mar ClIlIl'ttIlhtm . ... ycu - n taa II' ........ CIIII at .. IlI:lrm.I -- d ..... .... (llQ you _ n 0tItUt lD.. WtftlIIIy IdvIIt J'lIU at 8Ullh d1Ir'Igtt trI2. ltpCII\ ycu ~ pr&Mdt you wlIh e lllIpy d -- "" or tn)' -- ........ Clllc:u'Iw'&. ' tt REMEDIEI: Upor\.. "-**'0 III.,.. eVW1I rI--. 0IIcrIIId .. ......,.. 10(1) ~ (Ill), _ tl. CREDIT NVEl'nGATION: You IItrwby OITlIIr'IIlD III CIlrlIb:OlO . ..-- tlwltlgatlol may. III .. ..... ....... br IIPfIIIaII* .... --- tn)' - or - fJI .. fIaIowhg ,..... Cl) lIf-. ltpCII\ you. NIjtllI \0 1ppQctbI. '-vI1lttIon. 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"1IIIlft .... arw t; tppICIIbl. ........ .... fJllht ~ IbUI .. no .... .... ... tft fJI .. .... - 01.. lItIt Agrt..... .. of you ... III jClIntIy ..,., -.By IIIIlt. Iwt JII"IMIIorI of 11ft IgP'Mrt,; Eq.Jipmtnlllli-..cl.. .... III'" par ........ (fha ~ v.u."). end UJ8''-'' rib - "'_I>...... n .. )a1tdIallan ehtIl _ lD tual )nIdIaIIort tit IrttIIlIaIIft to tht ....11I cI a.... In ..... tw ~ .... ...... raw praptrty. (W) aImIIrtr ........ .. --- 0.. WIder.. or~ \llIlhCIIII IrwttIllltlng lht -.... ....... ..... tnll tn)' ellClll pro lllIttr ~",.... ........ (IW) ... YlU prwrDII or ........ ..... lht eq.,_1l It IocIIId, -/II...-bIIv" tn)' )riIddIln..1 nallr'Mlllcllle orl'lr'lcltlr lNI1ilUItlI. euch P"OVltlan tn WlIhDuI_IlI'........,....*""*'IIlt~altnll_..fcr_. ._......,--...,.... ).ncIIcf1llf\ 'TNt Ao-\_Il ..., .. otwr ~ .na . .... ..... .. ~ ~"dtlarl fIW EquIpItIr'II.. '-, ... or DIhtrwltt ~ III b ~ II' .. patlan...... upon ~...., UI wtI .. n EngIitI\. lie ...... _ ....... m'lV\emtlll ". . .1IClIl "Ifill - - IIlI1 ..... ... ellPl1lht "" prootICII, .... ,...~... ~ end ~ cb:urnIlII81 bit.... dclluTtenta.. oormvllaationt.....1tdg6t en.... TIn. Ie -1'1-. on .0CIlU'1l ati'DI oblI;eIlD'II .......... ....s. 10 tw ..... permIIId ~ .... you ~ wtIvt h. ~ MIl eI' ....,.,.. ~ ua. 'TllIe.-.-. w1111V11ll the llenelll . lht berlBflI cI tn)' p'INItlan --- n Ir'IY .... ~ .. .... at... ._. ...... . ..... It n~ .. ..... .. ___ ana I*'fI'lIlt8o ut9a llQJIl WIll WWYt.. tnllll ~ or rldwl.~, t'am..,............ ~ tram fa a 5 \AC.ff t...OeA1iON WILL Be. 'W I,..-,J IN Ttfe G .' lb.. IlClICJIOWUDOD1MATTMn....VlUAD aan4....01' ClI' IAND'~IOP IOP'nIl' UAllI DDCU~I,". rbitD YOU AGREE THAT 1lIE FACI1UILE COPY OF THl8 AGREEIIINT WITH YOUR FAC8IIILI! 8IGNATURE AND OUR ORIGINAL SIGNATURE SHALL CONI11lVTl THE ORIGINAL OF THIS AGR fOR ALL PURPOsa. .. . .' . LE as EE IW4: CorpnIIan III lht Mla'lIaIpeIay DI Cler1r1;Ian LESSEE SIGN HERE x: ACCEPTm BY: cmco'" YINDOR F1NANCI.. L'I1), TnU TnU DAT!: OAT!: .-1..... ~. form.,r".t CANQ IRw ttlllO) . .& P~ 2 of I A member at cnJ 1229 ,-,v. ."'---- . L' L l L L L L L L L l l L L L L L L L ~ cltlcapltalJ PURCHASE OPTION (Purchase Option) Corporation of the Municipality of Clarlngton 40 Temperance Street Bowmanvllle, ON L1C 3A6 DATE: July 18,2002 LEASE #: APP S383470001 Attention: Ms. LouAnn Birkett Provided that Lessee has fully perfonned all of the lenns of the Lease and Is not in default thereunder and notwithstanding anything contained In the Lease to the contrary, Cltlcorp Vendor Finance, Ltd" as lessor ("Lessor") hereby grants to Lessee the option to purchase computer equipment, the equipment subject to the lease (the "Equlpmentj. OPTION DATE OPTION AMOUNT At the end of the 36th month of the Ie sse S8,580.00(10eh) lessee shell exercise the Purchase Option by giving Lessor not less than 30 days written notice prior to the Purchase Option Date. IF THE PURCHASE OPTION IS EXERCISED THE EQUIPMENT WIU BE SOLD BY LESSOR TO LESSEE "AS IS WHERE IS" WITHOUT ANY WARRANTY EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE. In the event that the purchase option Is not exercised In accordance with the tenns of this letter agreement. then the term of the Lease shall continue In accordance with the tenns of the Lease. Lessor CITICORP VENDOR FINANCE, L TO. By: Loma Lukac TItle: Assistant Manager. Vendor Sal81 07,,8IlI2 "'member 01 CltIQ~ ~ 1230 III 8 ~ .)t QI 'lit >V) N NOQlO Oc......... olVEI'f'l N>OO D. .c e- QI U.OOC <<<<u~ ~ ED .w = e Q) QJ "'5 E '''0 Q) Do ..c .- '0 :I CJ'J a" l au - ...I :! ~ _1'!'~ ~ ~ < ~ ~ ~. ~ en ~ ~ o o ~ ~ .. m o Q. ~ ~ QI ~ ,I.J .. ..., 01V'E:1V u..EQlO .... 01 E III l3i:~Vi :;,OIO~ tT Q. Q, IV CI.I U. QI C "a:O~ "~i,~: ~::" ~~:.?:~{. .:......~, QJ U - .. D. .w .- e = .t- O' I I 10 0' , 9'4 9'4 I '" In I A. 10 A. 0 xl>::I: > .......Iw....... w a"1a" a" tT nI'"'' " .!: 0.. I Q.. Q.. cu Q. t u ele e c e u.! 010 0.2 ,0 ~ II( U IU U IU I U .............~.................._.... o 0101",1", 1010 IIn 0 '" ollnl""',, Ilnlln I" 0 . .1. I . I . . I. I. . "" 1ft 0 I "" ,"" " I" I CO 0 ,..,. In 9'4101~ '~If'l'l 1\D 0 \D N CO 019'4 I " 'lit 'CO 1ft .. ... .... ....... ...1.. I... ... N \D f'l'l 9'4 I'" '" 1\0 I \D N CO en 0 9'4 19'4 9'4 I 9'4 I"''' 9'4 9'4 ,9'4 9'4 I 9'4 ,...... I , I , * * * *1* *1* 1* * I , . r~_~______.-___~___ I I o 0 an Ian 010 ~ an ": I~ ~ 'I~ LI'l 0 co eI) "" LI'l "it "I ... en I eI) LI'l LI'l "it I 0 0 I'" N ,.,; ..; I';; .;; I';; ... ... ...... ... I'" ~ ~ * * ~I~ I I ......---.--. .""""--- 010 010 ~I~ ~I~ 00 LI'l'O LI'l I LI'l N I 0 I\D'N \D'O ...1 ' ....:... 0,... ""0 010 0 I LI'l ... I'" ... 1 ... ~I~ ~I~ , I ;t.\;: ~_ ::.':' . ".8';'8 -....'1' . an~J 0 .11)1 0 ';'!U.~ ... ~.. N :~ .,.::. r~~_ .et3...-. I , LI'l '1ft , LI'l , LI'l .....,..... ,,,I,, L I' --- ---._---~_.- cu c o ij cu c o ij - "i "0 III e II( ~,.....o-: 0 II an . " >C " " . .. .1- 0 .... v ~ ~ 0 .:....;....=.." 0 S d LI'l .- eI) .. .. A. ... " j',.- an 0 " 0 Pl d "it 0 "'!. LI'l LI'l N ... N ~ ~ .,.';':' o o o o " 010 ~I~ an LI'l NN an '... \tile enlo ~I; '" .. . ;-,,'" ~ :....~ IN I'" , I: ~ C L. " 0'" 0'''' -.l:S -I.::: ~::s .... I :;, - 0.. 0.., Q. , o e'" OlE , ~ 8 i ~ '18 i ~ 6S~ as 111I o ,$I". ....". ,E - co ,.% 01 co ,.% 01' CI.I C S ~ >10..1: >'Q.c'~ CI.I QI 1 .!l,"O gEE g, E E! >- g' "01Q,1U) I: 8::S 1:18:;,:U) Q. E' E 1 0.1 ~ ~)( I ~ ; iO E ::::! 8! ~ I z ~ 8It~!~ 8! ~ 8 ~T - -~----t----~--- ...IN,1'f'l 'lit an \D" lcolen , , I I .;'fI'\,,;,:. ~ C - .... C CI.I :ij I: CI.I V) .. cu " " - m ~ . ......o.i.~. ......... ;;':.;;,. "'::iif' ~ "j-'"i~~ . , .. ,;....~.. ..:' ," ~~~:::. . ;~~~.~f~~~:J;.~;.~.., . ~ 1231 J J j I:.'... '~'. ~ to M I I'............. ".:" ' ;.1 J "0 QI "0 :;, "0 c i I .... o C S Vi , c o L. .I:: 'lit ~ ~ ; C III o L. ~~ III f QI I: III .28:;, ....-0 o.~... o QI C 011I0 :1tCI.I.... .r; .... 01 IllVi.E &.; , L. ~c~ _ou o ~ L. ~::s~ 00... :c.I::c ~"it:;, o l3 ~ C "0 c: .5:;,", ~"O.2 z.5... ... I I \D...,..,. drScc "it 0 0 ~E~~ ocuo..Q.. _.z~oo J J. J J J ". .- I II I I .1...... -- L L L L L L L L L l L L L l L L L L L 4. CO-OPERATIVE TENDER C347-02, THE SUPPLY AND DELIVERY OF HANOI TRANSIT VEHICLE A contract was awarded to Pearson Bus Sales Ltd, Brant1ord. Ontario. The Municipality of Clarington panicipated in a co-operative tender for a Handi Transit Vehicle with bids being received and tabulated as per schedule "A" attached. The total funds required for the Municipality of Clarington Vehicle are $75,210.00 including GS1 and PST and will be provided from account # 7216-00002-0000, and are within the $77 ,000.00 budget allocation. The subject firm have provided satisfactory service to the City of Kitchener and 5t. Catherines Transit. 1232 G:\RE PORTS\A TT -REPORT -COD-40-02 .GGe .......~ .,')' i., i'':..~.... ': . '~.~;'~.'~;' ,..)>-;\:" . . "abulation of Bids Received on Tender # (347-02, The Supply Deli~.ery,.~,!F~ur Handi Transit .. Ve h 'Ie lec~~~:,~"'~:';:'oK/~"!'"" .... . . .. ',,",' . . ., ~~____~;o.--.._~_,__._~_ _._. :.':~1:';' Schedule "A" . ;:::_~,~;:~::.,: . T";..b..~. ,--------...-- .----. .' _n_.. ".-- ." lil;~.\~Y!:\t.~"". ; Overlan~usrom Pearson Bus Sales Crestline Coach Ltd. Leeds Transit Sales Coach .. ... -- --_..__.~ -- Bid Compliancy Yes Yes Yes Yes ~-_.__._--- ~.:'\O~ ':"1' Items # 1-3 IIII;illl_Il~'..... . $ ... ~ 205,039.14 $ 239,874.00 201,143.73 $ . -- ~- Item # 4 _1~0*~ $ 65,788.91 $ 65,223.44 $ 77 ,088.00 '. -."',-, ----- Total Bid Price Tax .~~ . t incl. $ 294.070.00 $ 300,822.54 $ 305,581.96 $ 359,214.45 . -'--"'-"'- '..~:;~j ";. Model Year 2002 2003 ':~~,;;t,{.;';t ...:. .ii. . 200~ 200~ .. ..' Ford Ford ',;." .:i,j'\':~;.Ford Ford Cab& Chassis Model E450 lall tour units) E450 (all four_units) E450 (all four units) E450 (all four units) -_.~ ----- Girardin ~"Y'''''~ Girardin Mobility AlIstar Body Model MBIV (all tour units) Goshen GCII (861) MBIV(all four units) Starcraft Bus Warranty 3 Yr.l 60,000 km 2 Yr.l 40,000 km 3 Yr.l 60,000 km 1 Yr. I 20,000 km .I'..f ..... ; J... ,. Estimated Delivery after order placement 12-16 weeks 16-18 weeks 14-16 weeks 12 weeks 1233 J j j J J J J J J J J J J J J J J J I L L L 5. ACHIEVE GLOBAL A contract was awarded to Achieve Global Consultants on an as required basis for the purpose of customer service training. L The proposed training will be a staged approach with Phase I to take place in 2002 and Phase II in 2003. \ .... The first phase of training will accommodate up to 75 employees at an approximate cost of $650.00 per person. The required funds for this training is provided for in the corporate training accounts. L L L L l L L l L L L L L L The Director of Finance has reviewed the funding and is in agreement. 1234 G:\REPORTS\ATT -REPORT -COD-40-02.doc G:\REPORTS\A TT -RE PORT -COD-40-02.doc i I j J t I I I ] I J J J J J l ] J J 6. HAND HELD PARKING TICKET WRITERS A contract was awarded to J.J. Mackay Canada Limited at a total bid price of $35,041.96 (including taxes). In October of 2000 a tender was issued for this item, with only one bid being submitted at a price of $39,381.35, which exceeded the funding available at the time. As there is still only one known supplier in this area for this equipment, it is further recommended that Purchasing By-law # 94-129, Paragraph 5, Item 5.06 be waived for this transaction. The required funds were carried over from the 2000 Capital Budget and will be. drawn from account numbers 1110-00162-0000 ($20,000.00) and 1110-00195- 0000 ($15,000.00). The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Municipal Clerk. The low bidder has provided satisfactory service to the Municipality of Clarington in recent years. 1235 L L L l 7. TENDER CL2002.25, PARKING LOT IMPROVEMENTS CLARINGTON BEECH CENTRE, 20 KING STREET EAST, NEWCASTLE WATEFRONT TRAIL A contract was awarded to Harnden & King Construction, Ajax, Ontario for a total bid amount of $201,528.96. , '- Tenders were publicly advertised and issued with bids being submitted as per Schedule "A" attached. L L L L L L l l l l l L L l As identified on pages 273, 277 and 278 of the 2002 Engineering Capital Budget and as per the funding cost apportionment provided by Totten Sims Hubicki in Schedule "B" attached, each of the three projects is within the budget allocation. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. The low bidder has provided satisfactory service to the Municipality of Clarington in recent years. 1236 G:\REPORTS\A TT -RE PORT -COD-40-02.doc Resurfice Corporation Elmira, ON $65,883.50 '. :. I i I ~ J I j 1 J ! J J J J J I ) J 8. TENDER CL2002-29, ICE RESURFACER A contract was awarded to Resurfice Corporation, Elmira, Ontario 10r a total bid price of $65,883.50. Tenders were publicly advertised and issued with bids being submi11ed as follows: BIDDER TOTAL BID AMOUNT Frank Zamboni & Co. Ltd. Brantford, ON $65,509.75 The recommendation to award to the 2no low bidder is based on the following: Snow Dump Tank Specification indicated a minimum of 100 cubic feet for snow collection, Zamboni submission stated 94 cubic feet, 112 cubic feet compacted, Resurfice stated 103 cubic feet Ice MakinQ Water Both submissions meet the minimum of 125 imperial gallons, however Resurfice states 175 imperial gallons versus Zamboni 138 imperial gallons Warranty Resurfice has full two year warranty, with no exclusions and provides a loaner machine, whereas Zamboni excludes mileage and travel time and indicates no provision for a loaner machine Delivery Date Resurfice has indicated 120 days for delivery, Zamboni has indicated 120 - 150 days Trade-In Resurfice is providing a trade in value of $9,000.00 versus Zamboni at $6,000.00 The Community Services Department currently has three (3) ice resurfacer's, all of which are Olympia models supplied by Resurfice, and are pleased with their performance and service. As identified on page 571 of the 2002 Community Services Capital Budget, the total funds required are within the $95,000.00 budget allocation. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be directed to the Director Of Community Services. 1237 G:\REPORTS\A TT -REPORT -COD-4D-D2.doc L t ... 9. ORONO PARK CONCESSION OPERATION l L L L L L L L L L L L L l L L L An agreement was entered into with Grace Featherstone (Diggity Dog) to operate a concession for Orono Park is requested. The lessee approached the Municipality of Clarington to operate a "hot dog cart" at Orono Park and has complied with the requirements of By-law, which include the purchase of the $200.00 license fee. As the concession booth at Orono Park has not been in operation this year due to lack of interest, it is staffs position that this agreement would provide a service to the customers utilizing the park. In accordance with the Refreshment Vehicle By-law, a hot dog cart may be placed in a Municipal Park with the written permission of the Director of Community Services, who is in concurrence with this agreement. Planning Department have advised that in accordance with the Zoning By-law, that the Municipality may lease space in the Park for the operation of a concession. As the lessee has already paid $200.00 for a vendor's license and as this amount is the same is the rental fee received in previous years for the concession, a minimal rental fee of $2.00 has been proposed. The agreement will commence immediately and expire October 31,2002. The lessee has indicated an interest in re-opening and operating the concession booth currently in Orono Park for the 2003 season. Staff will continue to pursue this option. A copy of the proposed agreement is attached, marked Schedule "A". 1238 G:\REPORTS\ATT -REPORT -COD-40-02.ooc ',SIDQ Harnden & King Construction A'ax, ON Hard-Co Construction Whitby, ON_ Ron Robinson Ltd. Bowmanville Miwel Construction Ltd. Stouffville, ON Gordy's Construction & Excavating Ltd. Markham, ON Elirpa Construction & Materials Ltd. Pickerin ,ON Jeviso Contracting Ltd. Woodbrid e, ON $201,528.96 $206,785.23 $229,250.14 J I j I j I J I . . j J J J J J ~ J J J Clw:mgton Municipality of Clarington SCHEDULE II A" BID SUMMARY TENDER CL2002-25 PARKING LOT IMPROVEMENTS $230,000.00 $269,997.98 .... $318,544.13 .. $320,968.81 . .. Extension Error Addendum #1 - revised 1239 G:\REPORTS\ATT -REPORT -COD-40-02.doc l L l L L L L L l L l L l l L , ... L L L Schedule "6" II trH Totten Sims Hubldci Associetes 613 DIvision Street, Cobourg, OntariO. Canada K9A 5G6 (905) 372-212' fix: 19051 37:1-3621 E-meil: cObouro@tsh.ca www.tlih.ca ~ engineers architects planners 40 }i'ars .-- August I, 2002 Ms. Lou Ann BirJcett, CPP, AMCT Purchasing Manager Corporation of the Municipality of CJarjngton 40 Temperance Street, BOWMANVILLE, Ontario LlC 3A6 FAX: 905-623-3330 Dear Ms. Birkett: Re: Contract No. CJ..2002.2S, Pm-kina Lot Rehabilitation and Expansion, Clarington Beech Centre and 20 King Street East aDd Waterfront Trail, Newcastle Municipality of ClaringtOD Tenders for the above project were opened almc Municipal Offices on Wednesday, July 24, 2002, at 2:00 p.m. The bids received, inclusive of GST,. are summarized as foUows: Harnden & King Construction A 'ax. ON Hard-Co Construction Whitb ,ON Ron Robinson Ltd. BowmanvilJe Miwel Construction Ltd. Stouffville, ON Gordy's Construction & Excavating Ltd. Markham, ON Elirpa Construction & Materials Ltd. Pickerin ON Jcviso Contracting Ltd. Woodbridee, ON $201,528.96 $206,785.23 $229,250.14 5230,000.00 $269,997.98 .... $318,544.13 · 5320,968.81 ... . 1240 .-. .:.... , V'-111:O"'UI0;; .., TIM I '1 j I; ': I I I J I J J J J J J j I J J Corporation of the Mumcip'lity of ClaringlOn Au~ust 1, 2002 .. 2 The low bidder's submitted tender has been reviewed and is in order. Harnden and King COIUl1ruction Inc. bas compJel.ed work similar in nature LO the subject contract for the City of Pickering and Lbc Town of Whitby, References LIlat were contac.t.e.d indicated Harnden and King's performance was acceptable. This tender is composed of three differenl projects horn the 2002 Capital Budget and Four Year Forecast. A cost apportionment is attached detailing the estimated project costs based on Lbe low bid for each individual budget project. All three projects are estimated to be under budget. As the LOtal project costs for all three sites are under budgeted amoWltS and based on the past experience of the Jow bidder it js recommended that staff award Contract CL.2002-25 LO Harnden and King Construction Umited in the total amount of $201,528.96 (Incl. of a.S.T.), Tcnder depositli may be returned to all contractors except the low and second low bidden. Should you require any additional information, please contact the undersigned. Youn truly, /12~ Ron Albright, P.Eng. Project Engineer RAlra P:29119/CorICllPl191111.clOC Encl. cc: Mr. A. S. Cannella, Municipality of Clarington (+ encl.) Mr. F. Horvath, Municipality of CJarmgton (+ encl.) 124 1 L L l L L L L III :;; ... In S 3 ij~! c ~ 11I_ ...ftIWC 3.Cl. ~ i i u:.~ ~ ~ I .... CD Cl= C c .5 l! to~t- " me ~ ._ i ro: g ~.!!m~ U:~ ~ or U III L~ ~ L L l L L L l NIft 8N NOl .1'1 !Q~ ii CL ~ CI) ..: . -;":~~!::~~ ~". ';':~:J[~"Wit.(~~~-~,ti:.~'~~~~~';" .\~'~-, .:.~~'"''!'l~ ~:. ;jJ;,::,..~':;r'~:"" ,.t~:~~.' Schedule "B" 1 ,. . 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N ~ i 8 0 I 8 ~ i ~ 11 8. :5 8 IICl I ~ ~ c ~ ~ d ij Cl g d ):; M g Cl Ql a 0 "t. I I CD lIS r1Ii = M a ~ r:i sf d ~ co .... g ... I/') .- .... 44 N M 1'1 ~ W ... wt .. .. .. . .- ;: - . H ~ 1 i I\l ~ ... I .r "" . " - t"\ ~ ~ i fd 8 =- I - 'd '9 I I vi -= ~ - ! t ~ ~ .1 E ! I .... IS i I D i! i ~ u 0 I I ! u = .!! n I .~ I - I 4 t I! J Q C -~ I 0 I l~ B 'lS 'j 1 . Q, J e- o '- i j 1 1 ..1 ~ ~ I c 0 c sl A- I '" , .- = 1 i III D Ii I >> I ! " j .c 0 11 i i .1 I I '1lI E c: D i :l 0 l- tS .... 0 z i:; J f 0 " B '; 'I ..; 1 c ~ Ij ~ ~ ! ~ .. - :l ii A. i i I D t i b J I f u ~ = I u c t! m a c( ~ '" !- 8 tn cD $ I ~ 1 I ~ I ! iI ~ t:i II.. Ii ~~ S~ g ! i w ~ N t 'U .s !'!J ~ I I I 1242 AGREEMENT FOR THE LEASE OF THE ORONO PARK CONCESSIONS STAND Agreement between: The Corporation of the Municipality of Clarington (the municipality) 40 Temperance Street, Bowmanville. ON L 1C 3A6 (905) 6233379 and Ms. Grace Featherstone (the lessee) 82 Foster Creek Drive, Newcastle. ON L 1 B 1 G5 (905) 987 9973 DATED: AUGUST 23, 2002 1243 '. ~CCU;T.~rH~ ;.:.:nf"1 :-:e!i!nCS'.iCU: 1_':~:r:;J: Se~uncc .~:~"i'''orar': intQr'n~T '::..cc:,\/-',! ~'~"""'-:"'C~("'l'::'L'(' .'.'-r:":.C:~'u'ns ('or . ... -"." '," - 11...... ..... '~,~ -......., _. ,_._; "/',.J' .."..... .......:"1 h.~ _ J ,~I I j J ,I . t I J I I I J J J J J J J J ; ... L L L L L l L.. L L L L L L L L L L L L - .'--.w.. .. --.-.-- -- - -"J r-....-..- -. ....- ---...--_ _. ....._.__. "_1_'.' ,............_.. leave and such consent may, be arbitrarily refused by the Municipality}; 2) not to sell or allow the sale of any intoxication or alcoholic beverages or any iermented ale. wine. liquor, or spirits; 3) to preserve the Concession Booth in good order and to prevent any unlawful pursuits; 4) the Lessee shall serve the public promptly and efficiently and in a manner satisfactorily to the Municipality; all employees shall be well groomed, clean and neat at all times; 5) to furnish a Public liability Policy valid for the Province of Ontario. Such policy shall have inclusive limits of not less than one million dollars for bodily injury, property damage resulting from any occurrence and will provide adequate insurance coverage with respect 10 any damage or loss by fire or loss by burglary of any stock or equipment of the Lessee upon the premises. The Lessee will indemnify and keep indemnified the Corporation from and against all actions, suits, claims, and demands whatsoever which the lessor may bear, sustain, be at or put onto fo{ or by reason of. or on account of, any injury or death of persons and or damage to property arising out of or incidental to the lessee's occupancy of the premises of their operations of lhe use of any right of way over any portion of the premises demised; 6) 10 accept the Concession Booth in the condition on which he finds at the commencement of the agreement; 7) to maintain. the Concession Booth. equipment. to conduct business at a high level of neatness and cleanliness 10 lease the Concession Booth in a neat and tidy condition and in a good state of repair at the expiration of the agreement; 8) Service: The operation of the Concession outlet shall be what is known as a single service, that is everything that is sold is in or on a disposable container or wrapper, provided that all prepared foods such as sandwiches, baked goods and similar items must be fresh daily and subject 10 inspection by the Municipality at any time. All peanuts, popcorn, candy and similar goods to be fresh and of high quality. Whenever candy is sold, minimum-prices sizes are to be featured and displayed prominently in plain view of the patron. To provide a good standard of service to the public patronizing the Concession and the Municipality is to be the sole judge as to the adequacy of the said service. with power to order such changes or alterations as he, in his discretion, may deem desirable. All beverages commonly known as soft drinks will be dispensed in paper or plastic containers (or cans) and that no glass bottles will leave the mobile or concession stands. 9) Operator's EQuioment: To supply all paper plates. napkins and paper cups and all other items and materials normally used in an operation of this type. To equip the Concessions by supplying and installing all equipment necessary for the successful opation of the Concession. All the equipment used must be of a contemporary design and appearance and constructed of good quality material to the satisfaction and approval of the Municipality. The installation of all electrical appliances shall be approved by the Ontario Hydro Inspection Service, and the installation of gas appliances shall be approved by the Enbridge Consumers Gas Company. 1244 :::'Documenrs one SettlngS'.jo01 ',Local :::ellln(JSIT emDo,.ary Interne! ;:: '1es\OLK2'OronoPkConcesslonsaoc 11) venolna Macnlnes: Not to offer any 100d 10r sale by automatic vending machines except at the discretion of the Municipality. 12) to pay in advance the accepted rate on the first 01 each month during the life of the agreement; 13) to abide by all rules and regulations approved by the Municipality of Clarington, local authorities, and all provincial and federal regulations; 14) to submit written evidence for Workers' Compensation Board that they have complied with the requirements of the Workers' Compensation Act and is in good standing under the said act; 15) that upon breach of any of the express terms and conditions of the agreement, the Municipality of Clanngton may, in addition to any other remedy cancel the agreement, and upon receipt by the Bidder of notice of cancellation the Agreement shall be null and void. However, the failure of the Municipality of Clarington to insist in one or more instances upon the performance of the bidder of any of the T enns and Condition of the Agreement shall not be construed as a Waiver of the future performance of any such Term or Condition and the obligations of the Bidder shall continue in full force and effect: 16) on the termination of the Agreement, the Lessee shall remove at his expense all equipment which he has provided at the Concession Booth in accordance with an itemized at the commencement of each succeeding year; 17) during the last two months of the Agreement or at any time that the lessee may be in default of the covenants, Terms and Provisions hereof, the Corporation shall have the right to show the Concession Booth at any time provided the business of the Operator is not unreasonably disrupted; 18) to refrain from putting up or exhibiting upon any part of the Concession Booth any sign, notice, notice board, painting design or other device advertising any business undertaking or scheme without having first obtained the consent in writing of the Municipality; ~9) not to use any public address system barker, spieler, hawker, hustler, crier or any 'other noisemaker to advertise or attract attention to any article, ware, product, merchandise, service or function offered for sale or rent by the Operator. Date: Ms. Grace Featherstone (I have the authority to bind the company) Date: Witness Date: John Mutton, Mayor Date: Patti L. Barne, Municipal Clerk 1245 ....;.., L. E.A.SE S'Crono?kCor,cesslons.aoc J j j J J J ;. . J I I I I a J J J J J J J J L L L L L L I l L L L L L L L L L L I L L Cl!J!.mgron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, SEPTEMBER 9, 2002 Resolution #: Report #: FND-012-02 File #: By-law #: Subject: ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31,2001 Recommendations: It is respectfully recommended the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report FND-012-02 be received for information. Reviewed bd~ - bL.. Franklin Wu Chief Administrative Officer NMT/hjl 1 301 REPORT NO.: FND-012-02 PAGE 2 J j J J J J J J J J J J J J J J J J J BACKGROUND 1.0 In accordance with Bill 98, an Act to promote job creation and increased municipal accountability while providing for the recovery of development costs related to new growth, Schedule "A" attached shows the activity in the Development Charges Reserve Funds for the year ended December 31, 2001. 2.0 For the year ended December 31,2001, a total of 544 residential building permits were issued. Approximately 711 units were anticipated through the 2001 development charge study review and update. Also, a total of 25 capital projects have been financed by the Development Charges Reserve funds. Attachments: Schedule "A" - Development Charges Study Review and Update Schedule "B" - Committed Amounts from Prior Years' Budgets/Council Approvals Schedule "C" - Capital Expenditures CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0608 1302 L L e -' N 18N '" 00 ~ ! ~ N W e -~ N l!it, .., ... ... - .., ... ... -' 0 g ,..:....: l trifi .... ~ N N ::l ... _10 N... ... .., "' 0 .., CDp~ N~ .., 0> ~ W .... t' ..; N N on ..; - :t L u III 11:,.;:; WWIX L !c~~ itz-, ~-o a~IX o ... ... 2 III 0 II L oc ~ -... "' 0 0 0> '" a ZW ",- 'l l7i. ... ~ ~ N "'"' lit C'" ~ N""" ,.: ..; N ~:i ~~ ... r, ~ ;;; ;0 l!l .... ... ... CW ..; .. .. L OIX IX ~~ :!l I~ ... .., .., 0 i m L '" ~ ~ aw '" 0 '" i~ ~ ~~ N ; ! iil ::i ~ .., ull: ~~ N ::le L ~~ ~~ : iii"in 0 II' 8 '" N ~~ N 8 ... ::l '" Oc ~ lig N N N g ~ :ll:o:: 0> II' III au "' ~~ ... ,,", ee L 11.... 0 2 e a2 ~ -... '" i i ~ ~ 8~ ....., :: NO> L - MM ~ It; :Ii pJ iii z~ ... o~ " ~ ... ... "' "' -II: N N U ~ W a W :I L W IB "' ~i ~ 0 ~ ... ... '~. .... N '" '" ;:8::: e ~~ "' .... .... ... ~ ~.g on c g C"S,..:ati III ... ~ 0 0 ..."'- ~ CD ~~ N ... ... -...... ." ,..; Z e ::l II. L ... ~ ~ a >0 ~ (; ~ 0 0 ... ... ZW aa ... it, N N o III ... ... '10 '" '" ...W ee on ,.: ,.: ,,; ,,; on on ~a 11:0 .., ... :: ~ ~ ~ ~ Zlll !p1l ... L -W -' II:C) 5~a ll:te ~u~ -'!z ... ;~ ! ~~ ~ ~ ~ ~!Z_ ~W ~ ...... ~ ~ L ~12 W:I ~~ ,.: ~~ ~ 'i, 'i, II. OW Zz ~ .E Wa r; U..J:t C)~ c: -~.... .2 .! Z a g i' iol? II: E ., L ~ u ~ C ii I c: .2 co 8 .. ~ Q' .. L N ; 11 ~ .., r; .. Ij~ ~ t ~ I "i .; j i ~: it I!J~ '" E i .. II: .. r; " ! .,: ., II. j (~n ~ io~ L II: tl;i ,Ear ... u C _z: 0 E 1 i .. ~ (.)i~ r2 ! II i I (.)11) i 0. ~ 8 f3M~~ i ~~ tOlE C ijE~ ~~ ~ Ii 11 '" :i. ~ c: ;i, ... .. E's,g i ~ .. L . .... .... :: 0 III ..!~~ a "~1'!.! . V) u B 0 I" i 0 ~ ~ 5 i .... en l: ~ E : I: ~'ii;';'iii !!l ~Ef .. ! i ii 12 UlUl 0'6:'6 0 III cr~4(t-~ Ul -'c>- Ul U III . . z....-'.... . L 1 303 YEAR MUNICIPALITY OF CLARING10N DEVELOPMENT CHARGES RESERVE FUND STATEMENT FOR THE 2001 YEAR J SCHEDULE B .I PROJECT / DESCRIPTION COMMITTED AMOUNTS FROM PRIOR YEARS' BUDGETS/COUNCIL APPROVALS .I RESERVE FUND: ROADS AND RELATED DEVELOPMENT CHARGE 1999 to 2001 Capital Budget -road reconstruction -equipment -sidewalks -street lights -road surfacing RESERVE FUND: 2000 Capital 2001 Capital 2001 Capital 2001 Capital RESERVE FUND: 2000 Capital 2000 Council 2001 Capital 2001 Council 2001 Capital 2001 Council RESERVE FUND: 2000 Capital 2001 Capital Total INDOOR RECREATION DEVELOPMENT CHARGE -Courtice Community Centre - fitness Centre expansion -Courtice Community Park - Arena project-land acquitsition -Courtice Community Park - Arena project-design -Courtice Community Centre - facility expansion Total PARK DEVELOPMENT & FACILITY DEVELOPMENT CHARGE -Darlington Green NBHD Park development -Courtice Parks Baseball Assoc.-batting cage Penfound Park -Guildwood Park NBHD Park development -Guildwood Park NBHD Park development -Wabridge Park NBHD Park development -Wabridge Park NBHD Park development Total PUBLIC WORJ\S DEPARTMENT DEVELOPMENT CHARGE -miscellaneous equipment -miscellaneous equipment TOTAL COMMITTED TO DEVELOPMENT CHARGES RESERVE FUNDS Total 1304 AMOUNT COMMITTED J 200,112 7,463 14,215 194,077 45,449 J J J J J 461,316 54,917 1,409,868 667,006 398,141 2,529,933 50,236 4,958 483,924 76,217 244,239 48,305 J J J J 907,878 1,823 31,818 33,641 J J J J 3,932,768 J J t i.. I L. ! ... L L ! L. ... I ~ L. L t i L. L L L L , L L ! .. I L. , I ~ MUNICIPAUTY Of CLARINGTON SCHEDULE C DEVELOPMENT CHARGES RESERVE FUND STAlEMENT FOR THE 2001 yeAR CAPIlAL EXPENDITURES DIC Rlf NON DIC Rlf AMOUNT FINANCING FINANCING DESCRIPTIO"" General Govemment Consulting/Legal ~ Development Charges Appell 223.73" ,7'"ftf Gener.l Government OIC R/f 52.577 MunlQpal Capllal WorI<. RIf Fir. Department Land ACQulsltlOr. 309,791: '80,'0' Fire Depan"",nt DIC RIf 5',005 MunK:ipal Capilal WorI<. RIf 78,890 P.rk~nd C8.h-in.lieu RIf Indoor Ftecr..tJon E.xpanston tee fnnell centrE- '..9'.99; 366.7'2 InOoor ~ ecreation DiC R/F 79'.226 1 a. Levy 33<1,06lI MunlQpal Capilal Worl<. AlF LInd 8CQUISltton ~ Courtice &pons Comple) 293.55' 2.2,532 Indoor Recreation OJC R/F 29,59' 1 a. Lav) 2',.28 Municipal CaP41a1 Worl<. R/f o.itgn fees. Courtice Spons ComP'ell 70..8' 55,23. lnooor ~ecrootion DiC R/F 7,'05 , IX Lev)' 5.'.5 Municipal Capllal Worl<. AlF eeltgn teel . eee expani'on '09,.rw 98,SOt Incoor ~ecreation DIC RIf '0,e.5 legaVConluttIProf. Feel Reserve Park Oevek>pmenl and F acililJ81 Darlington NBHD pal1< oe.olOpment .95,200 <<2.7.' Pori< De.. & F acill"". DIC RIf .3,.32 WorI<ing F unO. ~e.orve 8,031: To. Levy Betting Cagel for Penfound Pa"., '.330 '.330 Pori< De., & Facilitie. DIC RIf Gui_ N8HD pari< ae,olOp"",n, .'.260 35,736 Pari< De.. & F acill"". DiC RIf 5,525 '.:11 lev)' GIaIS COU" NBHO park aevelopment "8.00; '02.20' Pori< De., & Facilitie. D/C RlF '5,800 1 a. Le.) Public WorI<. Departmen, Purchase MISC. E:Qulpmenl HamptonlOrono '.83: 1.832 Public WOrl<. Deparunont DIC R/f Purchase Nttw E:.QLllpmenl Hampton 83,76; 62.972 Public WorI<. Departmant DiC AlF 20,71K1 Pubtic Wol1l.s Equlpmenl RIf PurChase MISC. E:qulpment Hampton 8,53t 6..U Public Wol1<. Deparunent DiC RIF PurchaSE New Equipment Hamplon 2."9 laJ:levy 1&4,1.,t '23.0. Public Wol1<. Depart"",nt ole R/F .0,7.0 1 a> Lavy Roads and Re&llted' Mearns Ave. BowmanviUe. SI'eellJghbng 7.82' 6..77 Roads and Relaled ole RIF 1,~ 1 a. L'vy Means Ave. Bowmanvil" ',,,,",' ',359 Roao. ana RelatoO DIC RIf 282 RoaO.Contribu\JOn R/F Nash Road. Coul'\Jc.e 75.68' 57,578 RoaO. anO Rol8lOO D/C R1F '5,777 To. Lovy 2,325 1<000. Contribution R/F lrulls Road. Coul'\JGe 2'5.231 , 93.385 Roao. anO 1<010100 DIC RIf 2'.&46 l.. Lovy Martin Road. BowmsnviUe 5.82' ..S05 RoaO. enO I<olalaO DIC RIf (3,2s..) PublIC WorI<. & Pal1<. Capllal RIF .,570 General Capitol ROH'" High Street, Bawman.itle '9, '.8 1<000. ana 1<018100 DIC I<1f .3 General Capital Reserve WelhngtonlEtgin Street, Bowmanville 19.3<15 '.81>4 RoaO. anO Relatoo D/C R/F 17.68' Goneral Capitol Reoerve T ownIine R08O. Cour1lce 74,,,,",' 63,<<5 Roao. anO ROlatoO DiC RIf ",'96 General Capilal Ro.erve Uberty Street. Bawmanville 131: '17 R08O. anO RoI8tOO DIC AlF 2' RoaO. Cantribu\JOn R/F Silver Street. BowmanviUe 2'.000 3,292 Roao. ano Rolaloo DIC RIf 17,708 la. Lovy TOTAL CAPITAL EXPENDITlIRES 3.83<1.59' 17','68 Genera' Government OIC R/F '80.'01 F we Department DiC RIf 765,98' InOoor Recroation DIC RIf 582.008 Pal1< Dev. & Facili"". DiC AlF '~,623 Public WorI<. Depart"",n! OIC RIF 33'.970 Raao. enO Ra181eO DiC RIf 20,790 Public WorI<. EQUipment RIF .3,.32 WorI<irlg FunO. Re.erv. '0,e.5 Logol/C.an.ultlProl. Fee. Ra.o... ~.213 Mu"""pal Capilal WorI<' RIf 78,890 Parl<lanO Ca,h-in-Iiou RIf 957,816 To. Levy 2.829 Roacll COrItributian AlF (3,2s..) Public WorI<. & Pari<' Capilal RIF 33,.91 General Capilal Ro.o... TOTAL FINANCING 2,225,~0 ',608.752 1305 OTHER BUSINESS Municipality of Claring10n 40 Temperance Avenue Bov~'manvil1e, Ontario LtC 3A6 '02AlIG12 F't1 3:31 :113 j'~~~,:~~~~':ON-'. l ,\CK hY .~... " .,' i . .... j OHtG.l-NAL '1" ~~: :....... ,.._ : ~~........~_. _........~ ... ...-...-_4__'..... --...vi ~~_;f.:; L. -------1 1:eA~"---...-.; 1-_,., ,,-~-._., ~_...Kf===J , ( - - Amrust 7. 2002 ,- , - - RE: Enniskillen Community Barbeque and Stre,et Dance t.. ; ., ~""',- ~. ,'- ".~""-"'~' "f _"_.~_.'"1,....... -....--.--: ,... .,.", ....~.....M."" ._....--1 - On Saturday, September 14th, the Enniskillen Church at 7793 Old ScJg~gR~~:d:WQ'~j4H~~~hQl~ its lliillual barbeque and street dane.e. We would like to have a portion ofthe,road.clQs._4.!;l.fr..Q.I!L_~ 4:00 p.m. to 10:00 p.m. as we have done in previous years. . .-.,,-.,....... '.."..-.-.-......, - - .,-:"'....-...,;.;. ~-:.'1.,;,...';..:....;~ ~._"::..'..,:o.'.....u........... The portion we would like closed is just south of Ella Mae Lane (formerly Cent~e--Si1"eetrtoTust south of the gtn Concession. This will a11m\o' the Enniskillen Store to still be ac.cessible. Potter's Lane ,,,tin enable traffic to bypass this section of road. - I have filled out the appropriate form and left it with Ron Baker who will a\vait your approval. 1fyou have any questions] will be away from August 12 - August 25. Otherwise feel free to contact me at 905-263-8600. - Thank you for YOUT approval in this matter. - Donna Stephens 72 Poner's Lane _ Enniskillen, Ontario LOB 1 JO - ~ C.hu(ch :'1- r \ I 1(' V"'!. I : ".... I ?""'\ '...i 1,-'::.1' __J . "'- !t..:... I ,~ tV ;- ..- - \.W ", :. /-' y~ {'f. L1 ('If.,r C, '--' '.......... - Ci..:==J - (Lj - It, .--~ - ./J"- -----..- - ; t:-'---=:J :..~. ,-~... l ~, ", i,,) "i :"-.-- - I ~__~_____~.".__~_._"_._._~~. - 1 6 0 1 - OTHER BUSINESS '02AUG12 F'i1 3=31 :51 - Durham Regional Police Service · K. McAlpine 0 Chief of Police · C. Mercier - Deputy Chief . R. Piukkala 0 Deputy Chief - - August9,2002 - . Patti L. Barrie Municipal Clerk Municipality of Clarington 40 Temperance St Bowmanville, Ontario L 1 C 3A6 Dear Ms. Barrie nQp ~?R tJ~ ()t:..1(\, On September 14th, 2002 the 2nd Annual Luke's Place Charity Baseball Tournament will be held at the Garnet B. Rickard Complex, east ball diamond. This event is organized in memory of Luke Schillings, a 3-year-old boy who was murdered in his Mitchell's Corners home in August of 1997 by his father. Luke's Place is a recognized charitable foundation that was initiated by Kate Schilling's, Luke's mother. Luke's place now has an eight-member board of directors and is actively working towards establishing a facility to provide a safe place for mothers and children who are in abusive relationships. Myself and several other officers from the Clarington Community Office were involved in the police investigation. Our goal is to help raise funds that are needed to assist in establishing Luke's Place, a much-needed facility within the Region of Durham. Last year, our one-day tournament consisting of 4 teams raised in excess of $4,600.00. We received tremendous support in our first year from local businesses and individuals. This year our tournament Wi.llf.'~'~~15":JW1T)~I-O'~'-"! participating, which will include teams from the DRPS 16 DIV.ls~Pfk.: DRP~ ~ I ~ Division (2 teams), RCMP, Ontario Power Generation DarlingfOn,:.s~curttrand~-~ .." I . h M " lOt fCI . t St ff 1.,\,... I-,~ . t e unlclpa I yo arJng on a 0 . . ..... .._........"'..... o' . We would respectfully request that the Municipal.ity of claringto~.~<<~~fL~f1sL(ter ._.__~..~ ' ap~roving a grant to cover the cost of the ball diamond rental f~~~::'T'!!?!~~~___~~ 14 ,2002. t- _ _.___1._...._._-1 r._._.._._....~ .,_.~.---.-1--~---I r..........,.......,... -.....,. __. I I .', ---'-~--..-.---~....--..., t:::: -::~:-t.:==i I I ~""~".",,.f"-'_"'._" . ......... ...-......-...--J I ~ 77 (entre St. North, Oshawa. Onto l1G 487 Oshawa (905) 579-1520 loront~ {9~5r~~<3=9100 ". fax ~90a.)433:~ Toll ~rpP fCl05 - 705\ 1-888-579-1520 Web Site www.Dohce.durham.on:ca._.~ '-.._. . 1602 4l ~ + ~. .. Durham Regional police Service . K. McAlpine. Chief of police · C. Mercier. Deputy Chief · R. Piukkala . Deputv Chief .. . . On behave of the officers and staff from the Clarington Community police Office, I would like to extend an invitation to all municipal staff and citizens to attend this event. A silent auction will be held throughout the day and food and drinks will be available from the 16 Division Community Office. . If you have any concerns or questions, I can be reached at 905-579-1520 ext 1691 or at the DRPS Clarington Community Police Office, 1998 Regional Road #57, Bowmanville. Yours truly, Detective Craig Greentree #299 DRPS Clarington 1603 DRP 328 REV 06101 77 Centre St. North, Oshawa, Onto L 1G 487 Oshawa (905) 579-1520 Toronto (905) 683-9100 Toll F-ree (905 - 705)1-888-579-1520 Web Site www.police.durham.on.ca Fax (905) 433-5053