HomeMy WebLinkAbout12/01/2008
Cl~iJlgron
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
December 1 , 2008
TIME:
PLACE:
9:30 A.M.
COUNCIL CHAMBERS
1. MEETING CALLED TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. MINUTES
(a)
(b)
Minutes of a Regular Meeting of November 17, 2008
401
Minutes of a Special Meeting of November 21, 2008
413
5. PRESENTATIONS
(a)
Danya AI-Haydari, Hardy Stephenson & Associates Ltd., Regarding
Municipal Peer Review on the Port Granby Project, PSD-126-08
(handout in support of presentation)
501
6.
DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List)
601
(a) Alfred Frendo-Cumbo, Regarding Report CLD-033-08
(b) Mary Flynn-Guglietti, McMillan LLP, Regarding Addendum #2 to
Report PSD-077-08
(c) Andrew Warman, McMillan LLP, Regarding Addendum #2 to Report
PSD-077 -08
(d) Wayne Clarke, Valiant Property Management, Regarding Report
PSD-131-08
(e) Linda Gasser, Regarding Procedural By-law Amendments
(f) Linda Gasser, Regarding Public Consultation
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
G.P. & A. Agenda - 2 - December 1, 2008
7. PUBLIC MEETINGS
(a) Application to Amend the Clarington Official Plan and Zoning By-law and 701
Approve a Draft Plan of Subdivision
Applicant: Far Sight Investments Limited
Report: PSD-124-08
(b) Application to Amend the Zoning By-law and for Draft Plan of 703
Subdivision
Applicant: West Diamond Properties and Players Business Park Ltd.
Report: PSD-125-08
8. PLANNING SERVICES DEPARTMENT
(a) PSD-124-08 Revised Application for Proposed Plan of Subdivision and 801
Zoning By-law Amendment and for an Official Plan
Amendment to Delete a Public Elementary School Symbol,
Increase the Vincent Massey Neighbourhood Unit
Allocation and Population
Applicant: Far Sight Investments Limited
(b) PSD-125-08 Proposed Plan of Subdivision and Zoning By-law 822
Amendment to Permit 426 Residential Units
Applicant: West Diamond Properties Inc. and Players
Business Park Ltd.
(c) PSD-127-08 Monitoring of the Decisions of the Committee of 839
Adjustment for the Meeting of November 13, 2008
(d) PSD-128-08 Minutes of Settlement for Appeal of Minor Variance for 844
Paul and Sharon Jefferson
(e) PSD-129-08 Regional Official Plan Amendment to Permit the 854
Severance of a Dwelling that will be Rendered Surplus as
a Result of the Acquisition of a Non-Abutting Farm
Property
Applicant: Teri E. Bell
(f) PSD-131-08 Amendment to Application Fees By-law Planning and 863
Development Applications
(g) PSD-132-08 Appeal of Official Plan Amendment 60 - Brookhill 880
Secondary Plan
(h) PSD-126-08 Port Granby Project - Extension of Contract for Municipal 885
Peer Review Projects
G.P. & A. Agenda
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December 1, 2008
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-052-08 Valiant Subdivision Phase 3, Bowmanville Plan 40M-2020 901
'Certificate of Acceptance' and 'Assumption By-laws', Final
Works Including Roads and Other Related Works
(b) EGD-053-08 Aspen Springs Subdivision Phase 2B, Plan 40M-1734 907
(Part of), Bowmanville, 'Certificate of Acceptance' and
'Assumption By-laws', Roads and Above Ground Services
Including Roads and Other Related Works
(c) EGD-054-08 Front-Ending Agreement Between Schickedanz Bros. 913
Limited and the Municipality of Clarington: Deletion from
the Title to Lots 13 to 18 on Registered Plan of Subdivision
40M-2094
10. OPERATIONS DEPARTMENT
(a) OPD-009-08 Heavy Rain Events 2008
1001
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
12. COMMUNITY SERVICES DEPARTMENT
(a) CSD-024-08 Municipal Grant Review
1201
(b) CSD-025-08 Clarington Older Adults Association Strategic Plan
1213
(c) CSD-026-08 Decommission Newcastle Lions Pool
1216
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-031-08 Kendal Crown Land 1301
(b) CLD-032-08 Repeal of Heritage Designation By-law 1304
(c) CLD-033-08 Zoning Infraction - Kingston Court, Courtice - Mr. Alfred 1307
Frendo - Cumbo
(d) CLD-034-08 Schedule of Meetings - 2009-2010 1312
(e) CLD-035-08 Proposed Idling Control By-law 1316
G.P. &A. Agenda
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December 1, 2008
14. CORPORATE SERVICES DEPARTMENT
No Reports
15. FINANCE DEPARTMENT
(a) FND-030-08 2007 Audit Management Letter Comments and 1501
Recommendations
(Confidential information regarding Security of Property
circulated under separate cover)
(b) FND-031-08 Not Sufficient Funds (NSF) Fees Increase 1504
16. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-011-08 OPG Nuclear New Build
17. UNFINISHED BUSINESS
1601
(a) Addendum to PSD-076-08 - Application for Proposed Draft Plan of 1701
Subdivision, Official Plan Amendment, Zoning By-law Amendment
Applicant: Barr's Developments Limited
. (b) Addendum 2 to PSD-077 -08 - Applications to Amend the Clarington 1704
Official Plan and Zoning By-law by Bowmanville Creek Developments Inc.
to Permit a Wider Range of Commercial Uses .
(c) Addendum to PSD-111-08 - Peterborough Victoria Northumberland and 1756
Clarington Catholic District School Board Surplus Property Sale -
St. Stephen's Elementary School
(d) Addendum to COD-069-08 - RFP2008-9, Sale of Total Hockey Assets & 1762
Licensing of Total Hockey Trade Mark
18. OTHER BUSINESS
19. COMMUNICATIONS
20. ADJOURNMENT
C;~~mgron
General Purpose and Administration Committee
Minutes
November 17, 2008
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, November 17, 2008 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services/Human Resources, M. Marano
Director of Finance, N. Taylor .
Fire Chief, Emergency Services, G. Weir
Deputy Clerk, A. Greentree
Clerk II, E. Atkinson
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this meeting.
ANNOUNCEMENTS
Councillor Novak announced the following events she attended:
. November 8th the Police Association Dinner and Awards Gala. Detective
Larry Nobbs received the Police Officer of the Year Award.
. November 11 th the Kingsway Arms Remembrance Day luncheon for the
Veterans.
. November 12th the Volunteer Appreciation Night hosted by CLOCA.
. November 14th the opening ceremonies of the Bowmanville Figure Skating
Club's Eastern Ontario Championship Event at the South Courtice Arena.
. November 14th the Commencement night at the Bowmanville High School.
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General Purpose and Administration Committee
Minutes
November 17, 2008
Councillor Woo advised that on November 14th, along with Oshawa Mayor John Gray
and Oshawa Regional Councillor Ward 1 Brian Nicholson, he attended the rally in
Oshawa showing support for the lesbian couple who were attacked outside of a school.
Councillor Woo advised of the following upcoming events:
· November 21st the Visual Arts Centre will be hosting their Annual Fundraiser
event.
· November 21st - November 30th the Visual Arts Centre will be hosting a Silent
Night Auction Fundraiser. Local businesses have donated over 100 items.
· November 28th the Visual Arts Centre will be hosting a Music Night.
· November 27th Faith United Church will be hosting an Open House regarding
Zero Waste.
Councillor Hooper announced the following events he attended this past week:
· Community Living Oshawa/Clarington launched their "Make a House a Home
Campaign" fundraiser to help with the cost of renovating homes that have
accessibility issues.
. November 15th Bowmanville held its 47th annual Santa Claus parade.
Councillor Hooper announced the Clarington Older Adults Annual Auction will be held at
the Clarington Beech Centre on November 19th.
Mayor Abernethy announced the following events:
· November 23rd Newcastle will have it's 4th annual Santa Claus parade.
· November 16th Big Brothers and Sisters of Clarington held their Annual Live
and Silent Auction Gala event at the Garnet Rickard Recreation Complex.
MINUTES
Resolution #GPA-636-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on November 3, 2008, be approved.
CARRIED
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General Purpose and Administration Committee
Minutes
November 17, 2008
PRESENTATIONS
Pam Lancaster, Stewardship Technician, Ganaraska Region Conservation Authority
provided the Committee with an update regarding the Clean Water - Healthy Land
Financial Assistance Program. She highlighted the history of the program and reviewed
the goal of the Clean Water - Healthy Land Financial Assistance program which is to
improve overall watershed health. She noted the goal is achieved by identification
through watershed and fisheries plans, engaging and assisting watershed residents in
stewardship and conservation, enhancing public awareness of watershed health,
providing both technical services and financial assistance and addressing
recommendations from the monitoring and evaluation programs. Financial assistance is
available to landowners, residents, community groups, schools, etc. of the Municipality
of Clarington who are within the Ganaraska Region Conservation Authority region. Ms.
Lancaster provided an overview of funding amounts and caps advising there is a review
committee in place to evaluate projects and approve funding. Ms. Lancaster briefly
outlined accomplishments to date including 11 projects funded in 2007, 10
well-management projects in 2008 (including a decommissioning project), one
reforestation project and continuation of a land conversion project started in 2007, the
purchase of a GPS unit, and a planting of trees and shrubs along Wilmot Creek. Ms.
Lancaster pointed out the total expended to date noting there is a balance of $2,S76.60
in the 2008 budget with the monetary value of projects to date of $41 ,530.00. Forty
landowners have been formally engaged in the Clean Water - Healthy Land Program.
Ms. Lancaster requested Council's continued support for the program and stated she is
looking forward to providing the Committee with an update report next year.
Nancy Taylor, Director of Finance, provided a verbal update supported by a Powerpoint
presentation on Reassessment Impacts and Issues. Ms. Taylor outlined the historical
reassessment cycles from 1998 through to 2012. There will be more Provincial
changes to the property tax system, the 2007 Provincial budget included a four-year
reassessment cycle, a mandatory phasing of assessment increases to residential
property only, and in 2008, the mandatory phase-in will apply to all properties noting this
phase-in will not apply to assessment decreases. Nancy Taylor reviewed the timing of
the reassessments. She described the phase-in process and reviewed assessment
growth versus reassessment, and stated it is critical to understand and measure growth
separately from the impacts of reassessment, noting the Municipality derives budget
revenue from growth and does not receive any revenue from reassessment. The
Director reviewed Assessment Growth and Reassessment or Valuation Changes and
described the tax impacts of reassessment, and highlighted the following significant
dates:
. Valuation date of January 1, 200S
. Mailing of notices of November 3,2008
. Request for Reconsideration Deadline of March 31, 2009
. ARB Appeal Deadline of March 31, 2009
. Tax bill mailing of late May, 2009
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General Purpose and Administration Committee
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November 17, 2008
Ms. Taylor distributed charts showing the percentages of the Region for the full
reassessment for 2012 Notice Based, 2009 Phase-In and the 2012 Regional split and
reviewed the differences in the percentages for the reassessment by property classes
for the 2012 destination and 2009 Phase-in. Ms. Taylor reminded the Committee the
Municipality does not receive any direct benefit from the province-wide assessment
increases, and that tax shifts from reassessments can occur within a class, across
classes, across lower tier municipalities and province wide. She stated property owners
need to verify the property specific information on their notices and contact MPAC as
soon as possible to advise of errors or problems. There is a New Ontario Senior
Homeowners Property Tax Grant brochure which is included with assessment notices
administered through the income tax system.
DELEGATIONS
Terra Sayer, Disaster Management Coordinatior, Canadian Red Cross postponed her
delegation due to an urgent matter.
Peter Bischoff, Principal, Dr. Ross Tilley and Maria Keene, Vice Principal of School
Council were called but were not in attendance.
Resolution #GP A':'637 -08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Council recess for 5 minutes.
CARRIED
The meeting reconvened at 10:45 p.m.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
(a)
Subject:
Applicant:
Report:
Application to Amend the Clarington Official Plan
Patricia Stephenson, Robert and Daniele Stephenson and
Garthwood Homes Limited
PSD-117 -08
Bob Russell, Planner, Planning Services Department provided a verbal report supported
by a Powerpoint presentation pertaining to Report PSD-117-08.
No one spoke in support of or opposition to Report PSD-117-08.
Mr. Robert Stephenson was present to address the recommendations contained in
Report PSD-117 -08. He is a long time resident and is one of the applicants. Mr.
Stephenson provided the Committee members with a copy of an email he received from
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General Purpose and Administration Committee
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like to see their application approved. Since the staff recommendation is to refuse their
application, he requested that the Committee refer Report PSD-117 -08 back to staff for
further discussions with representatives of the school board and the applicants. He
would like to explore all options available and he informed the Committee that a meeting
to do this is scheduled for Friday, November 21, 200S. Mr. Stephenson offered to
provide the Committee members with details of expenditure thus far with regards to this
application request. If this application is refused, the applicants would have to go
through the whole application process again should they wish to reapply at a later date.
Mr. Stephenson requested that this application be kept active.
(b) Subject:
Report:
Proposed Street Name Change Osbourne Road to Osborne Road
and Pettit Court to Lobb Court
PSD-118-08
No one spoke in support of or opposition to Report PSD-118-08.
PLANNING SERVICES DEPARTMENT
PROPOSED OFFICIAL PLAN AMENDMENT TO DELETE A PUBLIC SECONDARY
SCHOOL SITE AND ADJUST HOUSING/POPULATION TARGETS ACCORDINGLY
APPLICANTS: PATRICIA STEPHENSON, ROBERT AND DANIELE STEPHENSON,
AND GARTHWOOD HOMES LIMITED
Resolution #GPA-63S-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PS D-117 -OS be referred back to staff for fu rther discussions between
School Board, the applicants and Planning Staff.
CARRIED
STREET NAME CHANGES FOR OSBOURNE ROAD AND PETTIT COURT
Resolution #GPA-639-0S
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report PSD-11S-OS be received;
THAT the By-law to amend By-law 86-112, being the Street Name Map and Street
Name Inventory, as contained in Attachment 3 to Report PSD-118-08, be approved;
THAT a copy of Report PSD-118-08 and Council's decision be forwarded to the Durham
Regional Police and the Region of Durham Planning Department;
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November 17, 2008
THAT Planning Services Staff take all necessary steps to notify affected businesses
and residents and all relevant agencies with respect to the street name changes; and
THAT all interested parties listed in Report PSD-118-08 and any delegations be advised
of Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF OCTOBER 30, 2008
Resolution #GPA-640-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-119-08 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
October 30,2008 for application A2008-0032 and that Staff be authorized to appear
before the Ontario Municipal Board to defend the decisions of the Committee of
Adjustment.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: HOMESTATE CONSTRUCTION INC.
Resolution #GPA-641-08
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report PSD-120-08 be received;
THAT the request for Removal of Part Lot Control by Homestate Construction Inc. with
respect to Lot 10 on Plan 40M-2094, be approved and that the Part Lot Control By-law
attached to Report PSD-120-08 be passed pursuant to Section 50(7.1) of the Planning
Act and a copy forwarded to the Regional Municipality of Durham Planning Department;
and
THAT all interested parties listed in Report PSD-120-08 and any delegations be advised
of Council's decision.
CARRIED
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November 17, 2008
UPDATE ON DRAFT PROPOSED TERMS OF REFERENCE FOR THE
DEVELOPMENT OF AN ASSESSMENT REPORT AND SOURCE PROTECTION
PLAN FOR TRENT CONSERVATION COALITION SOURCE PROTECTION REGION
AND CREDIT V ALLEY/TORONTO/CLOCA SOURCE PROTECTION REGION
Resolution #GPA-642-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-121-0S be received;
THAT the Ministry of Environment be requested to consider a study of the overall
sustainable carrying capacity of Lake Ontario for supplying high quality drinking water in
consultation with appropriate agencies in the United States;
THAT a copy of Report PSD-121-08 dated November 17, 2008 and Council's resolution
be forwarded to the Trent Conservation Coalition Source Protection Region, the Credit
Valley/Toronto/CLOCA Source Protection Region, the Ganaraska Region Conservation
Authority, the Central Lake Ontario Conservation Authority (CLOCA), Region of Durham
and Durham lakeshore area municipalities; and
THAT all interested parties listed in Report PSD-121-08 and any delegations be advised
of Council's decision.
CARRIED AS AMENDED
(See following motion)
Resolution #GAP-643-08
Moved by Mayor Aberthey, seconded by Councillor Trim
THAT the following new paragraph three be inserted: "THAT the Ministry of the
Environment clarify the extent of the responsibilities of local municipalities for the
implementation of Source Water Protection Plans and the funding that will be available
to them for the implementation of the Plans;"
THAT the existing paragraph three be renumbered and amended to include "the
"Ministry of the Environment" before the wording "Trent Conservation Coalition Source
Protection Region".
CARRIED
Resolution #GPA-642-08 was then put to a vote and carried as amended.
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General Purpose and Administration Committee
Minutes
November 17, 2008
ENERGY FROM WASTE SITE LIAISON COMMITTEE APPOINTMENT
Resolution #GPA-644-0S
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-122-08 be received;
THAT the Manager of Special Projects for Planning Services be appointed as the
Clarington Staff liaison to the Energy From Waste Site Liaison Committee with the
alternate being the Senior Planner of Special Projects; and
THAT the Region of Durham be notified of the appointment.
CARRIED
DARLINGTON 'B' NEW NUCLEAR POWER PLANT PROJECT
COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT
GUIDELINES AND DRAFT JOINT REVIEW PANEL AGREEMENT
Resolution #GPA-645-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-123-0S be received;
THAT Report PSD-123-08 be approved as the Municipality of Clarington's comments on
the "Draft Guidelines for the Preparation of the Environmental Impact Statement" and
the "Draft Agreement to establish a Joint Review Panel for Ontario Power Generation's
Darlington 'B' New Nuclear Power Plant Project", both dated September 200S; and
THAT aU interested parties listed in Report PSD-123-08 and any delegations be advised
of Council's decision.
CARRIED
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2008.
Resolution #GPA-646-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report EGD-051-QS be received for information.
CARRIED
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Minutes
November 17, 2008
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Woo chaired this portion of the meeting.
EMERGENCY AND FIRE SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT - OCTOBER 2008
Resolution #GPA-647-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report ESD-016-08 be received for information.
CARRIED
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
CLERK'S DEPARTMENT
There were no r~ports to be considered under this section of the Agenda.
Councillor Novak chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
RFP2008-9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF TOTAL
HOCKEY TRADE MARK
Resolution #GPA-648-08
Moved by Mayor Abernethy, seconded by Councillor Woo
THAT Report COD-069-0S be referred back to Corporate Services and Community
Services staff and the Chief Administrative Officer to report back with the following
information as soon as possible:
. Why the collection is worth less now than when it was originally purchased;
. Why the Municipality can not sell the Trade Mark;
. A complete update of the collection inventory; and
. An apples to apples comparison of the inventory items.
CARRIED
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General Purpose and Administration Committee
Minutes
November 17, 2008
Mayor Abernethy chaired this portion of the meeting.
FINANCE DEPARTMENT
2007 AUDITED FINANCIAL STATEMENTS
Resolution #GPA-649-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-027-08 be received; and
THAT the 2007 Audited Financial Statements be approved.
CARRIED
PROVINCIAL EDUCATION TAX RATES
Resolution #GPA-650-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report FND-02S-0S be received for information,
CARRIED
FINANCIAL UPDATE AS AT SEPTEMBER 30,2008
Resolution #GPA-651-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report FND-029-08 be received for information.
CARRIED
CHIEF ADMINISTRATIVE OFFICE
There were no reports to be considered under this section of the Agenda.
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November 17, 2008
UNFINISHED BUSINESS
PRESENTATION - PAM LANCASTER, GANARASKA REGION CONSERVATION
AUTHORITY - UPDATE ON THE CLEAN WATER- HEALTHY LAND FINANCIAL
ASSISTANCE PROGRAM
Resolution #GPA-652-0S
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the presentation of Pam Lancaster be received with thanks.
CARRIED
PRESENTATION - NANCY TALOR, DIRECTOR OF FINANCE - REASSESSMENT
IMPACTS AND ISSUES
Resolution #GPA-653-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the presentation by Nancy Taylor, Director of Finance, regarding the
Reassessment Impacts and Issues be received with thanks;
THAT the Director of Finance repeat the presentation at the Council meeting scheduled
for December 8,2008; and
THAT a summary of the Impacts and Issues be included on the Municipality's
Advertising and Notice page in the local newspaper and in the Clarington.net
publication.
CARRIED
OTHER BUSINESS
In response to Councillor Trim's enquiry, the Director of Operations confirmed that the
public meeting regarding the Clear Bag Collection pilot project for the Courtice residents
will be held at the Courtice Community Complex.
PROCEDURAL BY-LAW AMENDMENT - PRESENTATIONS
Resolution #GPA-654-0S
Moved by Councillor Trim, seconded by Councillor Novak
THAT the Municipal Clerk prepare an amendment to the Municipality's Procedural By-
law to provide that presentations to Committee or Council shall be limited to a duration
of 10 minutes with the exception of the following:
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November 17, 2008
. Civic recognition/awards;
· Presentations by Municipal Staff or Consultants retained by the Municipality; and
· Presentations from senior levels of governments or other municipal governments.
CARRIED
COMMUNICATIONS
There were no items considered under this section of the agenda.
ADJOURNMENT
Resolution #GPA-655-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 12:17 p.m.
CARRIED
MAYOR
DEPUTY CLERK
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C:~~mgron
Special General Purpose and Administration Committee
Minutes
November 21, 2008
Minutes of a special meeting of the General Purpose and Administration Committee
held on Friday, November 21,2008 at 9:00 a.m. at the Newcastle & District Recreation
Centre.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Library Services, E. Hopkins
Director of Operations, F. Horvath
Deputy Treasurer, L. Gordon
Administrative Assistant to the Director of Finance/Treasurer,
H. Lynch
Director of Corporate Services/Human Resources, M. Marano
Executive Director to the CAO, J. Pascoe
Director of Finance/Treasurer, N. Taylor
Fire Chief, Emergency Services, G. Weir
Municipal Clerk, P. Barrie
Mayor Abernethy chaired the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
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Special General Purpose and Administration Committee
Minutes
November 21,2008
Mayor Abernethy advised that the purpose of the special meeting is to receive a
preliminary report from the Director of Finance/Treasurer with respect to the 2009
budget. He stated that this budget will be a challenge, due to the economic conditions.
Nancy Taylor, Director of Finance/Treasurer provided a verbal report, supported by a
PowerPoint presentation on the 2009 budget, highlighting the following areas:
. Financiallndicators
. Status of Reserves and Reserve Funds
· Development Charges
. Historical Trends
· Proposed Draft Capital Budget
. Long-term Debt
. Proposed Draft Tax Levy Impact
· Economic Considerations
· Looking Forward to 2010
· Where Do We Go From Here?
Resolution #GPA-656-08
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Committee recess for 30 minutes.
CARRIED
The meeting reconvened at 12:35 p.m.
The Director of Finance/Treasurer completed her verbal report, with input from the Chief
Administrative Officer. A question and answer period followed, with members of
Committee questioning specific aspects of the presentation.
The Mayor and members of Council thanked the Treasurer and the department heads
for their work to date on the budget.
Nancy Taylor advised that draft budget documents will be distributed approximately
January 9, with budget deliberations taking place January 16 and Council ratification on
January 26. The tax rates will be established in late April 2009 and tax bills will be
issued in late May 2009.
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November 21,2008
ADJOURNMENT
Resolution #GPA-657-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 3:07 p.m.
CARRIED
MAYOR
MUNICIPAL CLERK
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HARDY
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STEVENSON
--~-,'-"._-----"--------'-'------'~----~--------'-'-----
AND ASSOCIATES
~ovennber25,2008
Municipality of Clarington
40 Tennperance Street
BOWlllanville, Ontario
LIC 3A6
Attention:
Ms. Janice Szwarz, Senior Planner
Special Projects Branch
Re:
Review of the EASR Addendwn Docunnent
Dear Janice:
The Municipal Peer Review Team (MPRT) have reviewed the Environmental Assessment Study
Report Addendum Document. The Addendum Document provides additional information on
groundwater flow modelling and analysis, assessment of water treatment requirements, bluff seepage
and dose calculations and addresses issues raised by the MPRT and Regulatory Authorities (RA's).
We are satisfied that the Addendum Document now completes the information requirements of the
EASR.
Sincerely,
Dave Hardy RPP
Hardy Stevenson and Associates Limited
501
EASR ADDENDUM EXECUTIVE SUMMARY
1.0 Background
Low-level radioactive waste and associated marginally contaminated soils were deposited in the Port
Granby Waste Management Facility on the Lake Ontario shoreline from 1955 to 1988 in the
Municipality of Clarington. The wastes are currently a source of contamination of groundwater,
soils, natural environmental features and Lake Ontario. To resolve this problem, the Municipality of
Clarington is part of a community-based initiative to implement a safe, long-term management
solution. This is known as the Port Granby Project. The principal objective of the Port Granby
Project is to manage historic wastes in a suitably constructed, environmentally safe, socially
acceptable and appropriately controlled state for several hundred years. This management approach
would result in the construction of a new Long-Term Waste Management Facility (L1WMF). The
Government of Canada's Low Level Radioactive Waste Management Office ('LLRWMO") is the
project proponent of the LTW:MF. The LLRWMO has responsibility for defining how the wastes
are to be removed and effectively managed over the long term.
2.0 Introduction
The process for movmg and managmg the wastes must be approved through the Federal
environmental assessment process under the Canadian Environmental Assessment Act ("CEAA").
The Regulatory Authorities ("RA's") responsible for approving the proposal for managing the wastes
are Natural Resources Canada ("NRCan") and the Canadian Nuclear Safety Commission ("CNSC").
The Environmental Assessment ("EA") Study Report ("EASR") was completed in August 2006.
Ten Federal and Provincial agencies participated over the course of the review period; ending
October 2006. The Municipality of Clarington Peer Review Team ("MPRT') also participated in the
review of the EASR.
Because comments on the overall design of the L T\VJ\1F and the effects of the mound on the hwnan
and physical environment were not completely addressed in the EASR, an Addendwn Report was
completed The RA's and MPRT identified the following areas where further information was
needed: groundwater flow modelling and analysis, assessment of water treatment requirements, bluff
seepage and dose calculations. The Municipality of Clarington's Municipal Peer Review Team has
reviewed the Addendwn Report. Overall, the MPRT is satisfied that the EASR and Addendwn is an
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acceptable basis for proceeding to the next stage of the regulatory approval process. A synopsis of
the information presented in the Addendum Report follows.
3.0 Groundwater Flow Modelling and Analysis
Long term safe storage of the waste is proposed to be achieved through the construction of a new
waste management facility north of Lakeshore Road in the Port Granby area of the Municipality of
Clarington. Within a site area of 33 hectares, the footprint of the engineered mound will be 10
hectares. Proper planning for the excavation and construction of a footpad of this size requires an
assessment of the impact of possible changes to ground water flow as there may be an effect on the
aquatic health of Port Granby Creek. In addition, information about groundwater flow is important
to assess the implications of potential groundwater contamination. Groundwater flow information is
developed through modelling.
On reviewing the EASR, the CNSC and MPRT asked for further clarification on how the results of
the groundwater flow modelling were applied in predicting groundwater flow direction. Through its
specialists, the LLRWMO re-examined the modelling. They concluded that the information
generated by the model provides a reasonable estimation of the direction of fbw. Some groundwater
now flows from the proposed L TWMF site to Port Granby Creek while other groundwater flows
south to the Lake. The information in the model can be used scope subsequent studies.
The MPRT agrees that groundwater modelling will not give an exact prediction of the post-LTWMF
groundwater conditions and overall impacts of the facility. However, Terraprobe, our MPRT
hydrogeologic expert concludes that no further ground water modeling is necessary at this stage in
order to characterize ground water flow conditions or potential contaminant transport at the site.
Further investigation of each of the hydro stratigraphic units and the ground water discharge
characteristics in the vicinity of the Port Granby Creek should be determined based on actual field
data during construction.
4.0 Assessment of Water Treatment Requirements
Arsenic, radium 226, uranium, lead 210, thorium 230, fluoride and other contaminated material must
be removed from the existing Waste Management Facility ("WMF") and safely stored in the new
L T\VMF. The contaminated material has leached into the groundwater. As a result, the groundwater
will need to continue to be captured and treated before being returned to Lake Ontario. The
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movement of the wastes to the new L1WMF will significantly reduce levels of groundwater
contamination. The remaining soils will meet Health Canada standards for a safe site but the low
levels of remaining residual materials will be subject to a natural leaching process lasting for many
years.
A new Water Treatment Facility is part of the design of the new L1WMF. The RA's and MPRT
asked the LLRWMO for additional information on whether the new Water Treatment Facility is
sufficiently designed to treat both current and future leachate. Specifically, 1.7 times more leachate
will be treated than currently being treated at the Water Treatment Facility and the loadings of
contaminants will increase over the six year construction period.
In reviewing the EASR, both the RA's and MPRT observed that, while the WMF has been subject to
many inventory studies on the quantities and type of waste, there are still. uncertainties. In turn, there
needed to be additional detailed examination of the design of the new Water Treatment Facility.
The LLRWMO Addendum responded to these comments by providing significant additional
research on water treatment methods and the design of the new Water Treatment Facility. The
design assumes worst case conditions and includes technobgies that can address a wide range of
contaminants. Numerous similar existing treatment facilities across North America were examined
The MPRT concludes that the assessment of water treatment technologies in the Addendum report
provides the information we requested. We feel it would be prudent to install monitoring well; in the
existing waste material at several locations in order to sample actual waste quality befure the design of
the treatment system is finalized In addition, as the new treatment process will create small amounts
of wastes that will need to be disposed of, either a portion of the disposal cell should be left open
after the completion of existing waste emplacement or a small on-site disposal cell should be added
to the scope of the L1WMF to accept these solids. These suggestions can be addressed at the
detailed design stage.
5.0 Bluff Seepage
Seepage along the bluffs at the existing Port Granby WMF occurs intermittently, mainly during the
spring and fall. This is a diffuse discharge and in some locations, seepage water collects and flows
down the slope onto the beach. Following the removal of the wastes currently managed by the
WMF a detailed investigation of ground water quality, discharge rates, and long-term impact of the
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bluff seepage should be completed Bluff seepage could have implications for land use and access.
The consideration of a long-tenn bluff seepage monitoring program would be prudent.
6.0 Dose Calculations for Members of the Public and Workers around the LTWMF
The EASR report and supportive studies address potential dose to the public and workers in
considerable detail. Health Canada, the CNSC, NRCan and Provincial and Federal Agencies
continue to pay attention to insuring the new Long Term Waste Management Facility can by
constructed and operated in a safe manner. In reviewing the EASR, the MPRT and RAs requested
additional clarity about how dose calculations were derived. Questions raised by the RA's are
addressed in Appendix B of the Addendum and the methodologies for the calculation of anmnl dose
estimates are further described. The MPRT is satisfied with the information provided in the
Addendum document.
7.0 Conclusion
The EASR and Addendum provides a sufficiently comprehensive assessment of the environmental
effects of the Port Granby Project. Through the Municipality of Clarington, the MPRT will present
detailed comments to the LLRWMO.
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PORT GRANBY LONG-TERM LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT PROJECT
ENVIRONMENTAL ASSESSMENT STUDY
REPORT ADDENDUM REVIEW
Prepared By
Hardy Stevenson and Associates Limited
364 Davenport Road
Toronto, Ontario
M5R lK6
November25,2008
HARDY
------.. -- ----_.._-------~--_._-,,---_._.._.-
STEVENSON
AND ASSOCIATES
506
Table of Contents
Preamble. ..... ...... ...... ............ .......... ... ... .... ....... .... .... ... .... .... ......... ...... ............ .... ....... ... ................... ... ....... ..... ......... 3
1.0 Background. ....... ..... ...... ...... ........ ....... ..... ...... ..... ........ ........ .......... ....... ......... ... ....... ............... .... ... ........ 3
2.0 Introduction....... ............................... ................... ............................ ...... ................... ............... ............ 3
3.0 Groundwater Flow Modelling and Analysis............................................................................... 4
4.0 Water Treatment Requirements.................................................................................................... 5
4.1 Influent. .................. ............ ............. ........................... .......... ................ ........... ............ .............. ............. 6
4.2 Treatment T echnolo~s .. .... ...... ...... ..... ....... ... ... .......... ......... ..... ..... ................. ........... ....... ........ .......... 6
4.2.1 Basis for Selecting Technologies .............................................................................................. 7
4.2.2 Management of Solids................................................................................................................7
4.3 Water Treatment Conclusions ............................................................................................................ 7
5.0 Bluff Seepage................................. ............................ ......... ........... ....... ........ ............. .................... ...... 8
6.0 Dose Calculations ..............................................................................................................................9
7.0 Conclusion.. .... ........ .......... .... ..... ........... ........... .... ... ... ... .... ........... ......... ...... ................ ...... ...... ... .... ... .... 9
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EASR ADDENDUM DOCUMENT REVIEW
Preamble
Because comments on the overall design of the L TWJ\1F and the effects of the mound on the human
and physical environment were not completely addressed in the EASR, an Addendum Report was
completed. The RA's and MPRT identified the following areas where further information was
needed: groundwater flow modelling and analysis, assessment of water treatment requirements, bluff
seepage and dose calculations. The Municipality of Clarington's Municipal Peer Review Team has
reviewed the Addendum Report. Overall, the MPRT is satisfied that the EASR and Addendum is an
acceptable basis for proceeding to the next: stage of the regulatory approval process.
1.0 Background
Low-level radioactive waste and associated marginally contaminated soils were deposited in the Port
Granby Waste Management Facility on the Lake Ontario shoreline from 1955 to 1988 in the
Municipality of Clarington. The wastes are currently a source of contamination of groundwater,
soils, natural environmental features and Lake Ontario. To resolve this problem, the Municipality of
Clarington is part of a community-based initiative to implement a safe, long-term management
solution. This is known as the Port Granby Project. The principal objective of the Port Granby
Project is to manage historic wastes in a suitably constructed, environmentally safe, socially
acceptable and appropriately controned state for several hundred years. This management approach
would result in the construction of a new Long-Term Waste Management Facility (LTWMF). The
Government of Canada's Low Level Radioactive Waste Management Office ('LLRWMO") is the
project proponent of the LTWMF. The LLRWMO has responsibility for defining how the wastes
are to be removed and effectively managed over the long term.
2.0 Introduction
The process for mOVIng and managmg the wastes must be approved through the Federal
environmental assessment process under the Canadian Environmental Assessment Act ("CEAA").
The Regulatory Authorities ("RA's'') responsible for approving the proposal for managing the wastes
are Natural Resources Canada ("NRCan') and the Canadian Nuclear Safety Commission ("CNSC'').
The Environmental Assessment ("EN') Study Report ("EASR") was completed in August 2006.
Ten Federal and Provincial agencies participated over the course of the review period; ending
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October 2006. The Municipality of Clarington Peer Review Team ("MPRT") also participated in the
review of the EASR.
Because comments on the overall design of the L TWMF and the effects of the mound on the human
and physical environment were not completely addressed in the EASR, an Addendum Report was
completed Appendix A, Band C of the Addendum presents additional information on groundwater
modelling, dose calculations and water treatment technolog1es. The Addendum also serves as a
continuation of the regulatory review process documented in the Comment and Disposition form
found in 'Appendix F'. In Appendix F the Addendum addresses the outstanding NRCan comments
as well as questions posed by the Regulatory Authorities (RA's) that are important to the progression
of the project into the licensing phase.
3.0 Groundwater Flow Modelling and Analysis
Long term safe storage of the waste is proposed to be achieved through the construction of a new
waste management facility north of Lakeshore Road in the Port Granby area of the Municipality of
Clarington. Within a site area of 33 hectares, the footprint of the engineered mound will be 10
hectares. Proper planning for the excavation and construction of a footpad of this size requires an
assessment of the impact of possible changes to ground water flow as there may be an effect on the
aquatic health of Port Granby Creek In addition, information about groundwater flow is important
to assess the implications of potential groundwater contamination.
The issue raised by NRCan and of interest to the Municipality of Clarington is whether: 1) the
LTWMF has potential to reduce ground water flows into Port Granby Creek and thus affecting its
aquatic characteristics, 2) whether flows will go to Lake Ontario resulting in changes to the amount
of water going directly to the Lake and 3) whether there might be contamination of the Port Granby
Creek from the LTWMF due to leachate. Modelling is used as a tool to predict whether the new
L TWMF could influence the flow of groundwater into Lake Ontario and Port Granby Creek The
model allows an analysis of relative comparisons of pre- and post- LTWMF conditions.
On reviewing the EASR, the CNSC and MPRT asked for further clarification on how the results of
the groundwater flow modelling were applied in predicting groundwater flow direction. Through its
specialists, the LLRWMO re-examined the modelling. A comparison was made of physical
conditions observed through soils characteristics and water levels produced by boreholes dug by the
LLRWMO specialists and the data populating the model.
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LLRWMO specialists note that groundwater from the proposed LTWMF site is currently entering
the Port Granby Creek through seeps that make it a cold water stream They conclude that the Port
Granby Creek is the western boundary of shallow ground water movement, wlth deeper groundwater
flows going in the direction of Lake Ontario.
When the LLRWMO specialists revisited the model they concluded that the hydrogeologic model is
consistent with physical data from on site tests. While they acknowledged that the accuracy of the
model can be improved, they observed that the model is considered to be a reasonable
approximation of the physical system. Thus, there is enough data available to allow an evaluation of
the incremental change to the baseline conditions that might be attributed to the new LTWMF.
The MPRT agrees that groundwater modelling will not give an exact prediction of the post-LTWMF
groundwater conditions and overall impacts of the facility. And, no further ground water modeling is
necessary in order to characterize ground water flow conditions or contaminant transport at the site.
As the proponent notes, the modeling is a ''best efforts" representation of a complex physical
system. It is not possible for the modeling to exactly duplicate existing conditions.
In lieu of additional modeling, the MPRT concludes that further investigation of each of the
hydro stratigraphic units and the ground water discharge characteristics in the vicinity of the Port
Granby Creek should be determined based on actual field data during construction.
4.0 Water Treatment Requirements
Arsenic, radium 226, uranium, lead 210, thorium 230, fluoride and other contaminated material must
be removed from the existing Waste Management Facility ("WMF'') and be safely stored in the new
LTWMF. Exposure to this material has resulted in groundwater contamination. Federal reviewers
stated that the influent water quality could also be more contaminated due to the mixing with the
waste during construction - particularly during times of storm water runoff during excavation. As a
result of higher volumes of groundwater predicted during construction and uncertainties regarding its
characteristics, the RAs and MPRT requested more information on what Water Treatment
technobgy would be developed to capture and treat groundwater.
The LLRWMO was asked to provide additional information on whether the new Water Treatment
Facility is sufficiently designed to treat both current and future leachate. Specifically, 1.7 times more
leachate will be treated than currently being treated at the Water Treatment Facility and the loadings
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of contaminants will increase over the six year construction period. After construction the loadings
were predicted to decrease to less than 1 percent of current values. Water treatment technologies
and levels of treatment would need to be engineered to address these levels.
The LLRWIvlO Addendum responded to these comments by providing: more information on
influent characteristics, significant additional research on water treatment methods and the design of
the new Water Treatment Facility.
4.1 Influent
The LLRWIvlO specialists calculated influent quality by observing the current influent water quality
levels. They note the average and high levels of contamination and assume that the high levels
represent an upper bound for treatment definition. The design assumes worst case conditions.
Further, the design assesses technologies that can address a wide range of contaminants. The
LLRWIvlO specialists acknowledge that further testing is required before treatment methods are
finalized. The further testing involves updating samples of the leachate.
The MPRT's previous comments regarding assessment of influent quality remain. In our opinion,
there has been little sampling of the actual waste quality associated with the existing management
facility. The proponent suggests that they have used a worst case approach to assess waste quality.
However, as we have noted previously, the assumptions are based on limited laboratory leach testing
programs conducted in 1985 and 1996. It would be prudent to install monitoring wells in the existing
waste material at several locations in order to sample actual waste quality before the design of the
Water Treatment Facility is completed. This is necessary to ensure the worst case assumptions
presented by the proponent are supportable.
4.2 Treatment Technologies
Numerous existing treatment facilities across North America were examined and documented in the
Addendum. In selecting treatment technologies the LLRWIvlO state that priority will be given to
priority contaminants (arsenic, uranilUIl, radium-226 and related metals and radio-nuclides).
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4.2.1 Basis for Selecting Technologies
The following additional research was completed by the LLRWMO in support of the identification
and assessment of water treatment technologies: "Draft Report on Assessment of Water Treatment
Requirements and Options, Port Granby Project" CRA, September 2008 CRA Ref. 051175-02 and
Technical Memorandum prepared by Golder Associates ''Water Treatment System Influent Quality
and Flow Port Granby Revision (3)" February 2008 and EcoMetrix, "Upper Bounding Values for
Treated Effluent from the Proposed Port Granby WMF", September 2008. The later report: 1)
identifies contaminants likely to be present in influent waters at concentrati:ms potentially requiring
treatment; 2) identifying acceptable concentration levels for the lake receiving environment; 3)
estimating dilution and net effects in a near shore mixing zone.
A list of 25 available treatment techrologies was researched and evaluated based on screening criteria.
Five technologies passed the screening process: 1) resin-based ion exchange, 2) reverse osmosis, 3)
evaporation, 4) litre precipitati:m, 5) ferric cWoride co-precipitation. The LLRWMO has indicated in
the Addendum Report that resin-based ion exchange is the preferred water treatment approach
4.2.2 Management of Solids
All of the water treatment options will produce solids. The MPRT observed that the continued
generation of solids from the water treatment processes after completion of construction, at least for
a while, implies that either a portion of the disposal cell should be left open after the completion of
existing waste emplacement or a small on-site disposal cell should be added to the scope of the
project to accept these solids.
4.3 Water Treatment Conclusions
The MPRT concludes that the assessment of water treatment technologies in the Addendum report
provides the information we req~sted We feel it would be prudent to install monitoring wells in the
existing waste material at several locations in order to sample acmal waste quality before the design of
the treatment system is finalized In addition, as the new treatment process will create small amounts
of wastes that will need to be disposed of, either a portion of the disposal cell should be left <:pen
after the completion of existing waste emplacement or a small on-site disposal cell should be added
to the scope of the L TWMF to accept these solids. These suggestions can be addressed at the
detailed design stage.
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Overall, the MPRT concludes that the LLRWMO deserves praise for the depth of research
completed on Treatment Technologies. When finalized after the current review process, the Waste
Treatment report should become a permanent, unchanging, stand-alone document, much like the
Baseline Characterization Studies. The current version provides an excellent comprehensive review
of the current technology and the bases for selecting specific technobgies for this project. In
addition, it defines a path fOlWard for finalizing the treatment process for this project.
5.0 Bluff Seepage
Seepage over 0.5 km of the bluffs at Port Granby occurs intermittently, mainly during the spring and
fall. This is a diffuse discharge and in some locations, seepage water collects and flows down the
slope onto the beach. Under typical conditions the LLRWMO concludes that bluff seepage is
expected to have little influence on background near shore lake concentrations. The Addendum
Report concludes that, after the waste is excavated, these levels would be quickly diminished to
protect the aquatic environment.
Several methods of reducing bluff seepage were examined by the LLRWMO: trenches, extraction
wells, groundwater collection system. The LLRWMO concludes that the waste excavation and East
Gorge Collection System would function to limit quantities of contaminated groundwater exiting the
bluffs through seepage. Lake loadings are therefore effectively minimized.
The MPRT agrees that the seepage of impacted ground water from the bluffs will not pose an
adverse impact to human health or the natural environment. However, the results of modeling and
other discussions presented by the LLRWMO suggest that impacted ground water will continue to
discharge from the bluffs for a very long period of time (50 years or more). Bluff seepage could have
implications for land use and access over this time period. Thus, particular attention needs to be pan
to how much to rely on LLRWMO modelling vs. field measurements.
The MPRT concludes that while we agree that the modeling is useful, it cannot replace actual field
measurement of seepage volumes and water quality. As we have stated in numerous comments in the
past, there has been insufficient investigation to address the issue of bluff seepage.
Following the removal of the wastes currently manllged by the WMF a detailed investigation of
ground water quality, discharge rates, and long-term impact of the bluff seepage should be
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completed The consideration of a long-term monitoring program and contingency program to
control the bluff seepage would be prudent.
6.0 Dose Calculations
The EASR report and supportive studies address potential dose to the public and workers in
considerable detail. Comments on dose calculations in the EASR centered on the issue of Appendix
H not clearly describing how annual dose estimates were derived. CNSC comments focused on
clarifying references used for radionuclide concentrations used in the dose calculations. Questions
raised by the RA's are addressed in Appendix B of the Addendmn and the methodologies for the
calculation of annual dose estimates are further described. In reviewing the EASR, the MPRT and
RAs requested additional clarity.
In response LLRWMO specialists provided a detailed description of public dose descriptions and
worker dose descriptions in Appendix H. Overall, there is anticipated to be incremental worker
dose from airborne emissions and no dose pathway due to water. All of the pathways were
modelled.
The :MPRT is satisfied with the information provided in the Addendmn docmnent. However, at the
end of Section H1.3, we would suggest that the LLRWMO add a summary of the results of the dose
estimates, including a grand total for receptor location PG- NE (located at the northeast comer of the
Cameco owned property at the fence-line).
7.0 Conclusion
The Addendmn was produced because the RA's and :MPRT identified a nmnber of areas where
further information was needed, specifically. gronndwater flow modelling and analysis, assessment of
water treatment requirements, bluff seepage and dose calculations. The Municipality of Clarington's
Municipal Peer Review Team reviewed the Addendmn Report. Overall, all of the requested
information has either been provided or can be provided in the design and construction phase of the
project. Several research areas were particularly well done. The EASR and Addendmn provides a
sufficiently comprehensive assessment of the environmental effects of the Port Granby Project.
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HARDY
STEVENSON
AND ASSOC:IATES
~oveDlber25,2008
Municipality of Clarington
40 TeDlperance Street
BOWDlanviUe, Ontario
LtC 3A6
Attention:
Ms. Janice Szwarz, Senior Planner
Special Projects Branch
Re:
Review of the EASR Addendwn DocuDlent
Dear Janice:
The Municipal Peer Review Team (MPRl) have reviewed the Environmental Assessment Study
Report Addendum Doaunent. The Addendum Document provides additional infonnation on
groundwater flow modelling and analysis, assessment of water treatment requirements, bluff seepage
and dose calculations and addresses issues raised by the MPRT and Regulatory Authorities (RA's).
We are satisfied that the Addendum Doaunent now completes the information requirements of the
EASR.
Sincerely,
Dave Hardy RPP
Hardy Stevenson and Associates Limited
501
EASR ADDENDUM EXECUTIVE SUMMARY
1.0 Background
Low-level radioactive waste and associated marginally contaminated soils were deposited in the Port
Granby Waste Management Facility on the Lake Ontario shoreline from 1955 to 1988 in the
Municipality of Clarington. The wastes are currently a source of contamination of groundwater,
soils, natural environmental features and Lake Ontario. To resolve this problem, the Municipality of
Clarington is part of a community-based initiative to implement a safe, long-term management
solution. This is known as the Port Granby Project. The principal objective of the Port Granby
Project is to manage historic wastes in a suitably constructed, environmentally safe, socially
acceptable and appropriately controlled state for several hundred year.;. This management approach
would result in the construction of a new Long-Term Waste Management Facility (LTWMF). The
Government of Canada's Low Level Radioactive Waste Management Office ('LLRWMO'') is the
project proponent of the LTWMF. The ILRWMO has responsibility for defining how the wastes
are to be removed and effectively managed over the long term.
2.0 Introduction
The process for mOVIng and managmg the wastes must be approved through the Federal
environmental assessment process under the Canadian Environmental Assessment Act ("CEAA'').
The Regulatory Authorities ("RA's'') responsible for approving the proposal for managing the wastes
are Natural Resources Canada (''NRCan'') and the Canadian Nuclear Safety Commission ("CNSC'').
The Environmental Assessment ("EA'') Study Report ("EASR'') was completed in August 2006.
Ten Federal and Provincial agencies participated over the course of the review period; ending
October 2006. The Municipality of Clarington Peer Review Team ("MPRT') also participated in the
review of the EASR.
Because comments on the overall design of the L TWMF and the effects of the mound on the human
and physical environment were not completely addressed in the EASR, an Addendum Report was
completed The RA's and MPRT identified the following areas where further information was
needed: groundwater flow modelling and analysis, assessment of water treatment requirements, bluff
seepage and dose calculations. The Municipality of Clarington's Municipal Peer Review Team has
reviewed the Addendum Report. Overall, the MPRT is satisfied that the EASR and Addendum is an
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acceptable basis for proceeding to the next stage of the regulatory approval process. A synopsis of
the information presented in the Addendum Report follows.
3.0 Groundwater Flow Modelling and Analysis
Long term safe storage of the waste is proposed to be achieved through the construction of a new
waste management facility north of Lakeshore Road in the Port Granby area of the Municipality of
Clarington. Within a site area of 33 hectares, the footprint of the engineered mound will be 10
hectares. Proper planning for the excavation and construction of a footpad of this size requires an
assessment of the impact of possible changes to ground water flow as there may be an effect on the
aquatic health of Port Granby Creek. In addition, information about groundwater flow is important
to assess the implications of potential groundwater contamination. Groundwater flow information is
developed through modelling.
On reviewing the EASR, the CNSC and MPRT asked for further clarification on how the results of
the groundwater flow modelling were applied in predicting groundwater flow direction. Through its
specialists, the LLRWMO re-examined the modelling. They concluded that the information
generated by the model provides a reasonable estimation of the direction of fbw. Some groundwater
now flows from the proposed L 1WMF site to Port Granby Creek while other groundwater flows
south to the Lake. The infonnation in the model can be used scope subsequent studies.
The MPRT agrees that groundwater modelling will not give an exact prediction of the post-LTWMF
groundwater conditions and overall impacts of the facility. However, Terraprobe, our MPRT
hydrogeologic expert concludes that no further ground water modeling is necessary at this stage in
order to characterize ground water flow conditions or potential contaminant transport at the site.
Further investigation of each of the hydrostratigraphic units and the ground water discharge
characteristics in the vicinity of the Port Granby Creek should be determined based on actual field
data during construction.
4.0 Assessment of Water Treatment Requirements
Arsenic, radium 226, uranium, lead 210, thorium 230, fluoride and other contaminated material must
be removed from the existing Waste Management Facility ("WMF") and safely stored in the new
L 1WMF. The contaminated material has leached into the groundwater. As a result, the groundwater
will need to continue to be captured and treated before being returned to Lake Ontario. The
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movement of the wastes to the new L1WMF will significandy reduce levels of groundwater
contamination. ~e remaining soils will meet Health Canada standards for a safe site but the low
levels of remaining residual materials will be subject to a natural leaching process lasting for many
years.
A new Water Treatment Facility is part of the design of the new L1WMF. The RA's and MPRT
asked the LLRWMO for additional information on whether the new Water Treatment Facility is
sufficiently designed to treat both current and future leachate. Specifically, 1.7 times more leachate
will be treated than currendy being treated at the Water Treatment Facility and the loadings of
contaminants will increase over the six year construction period.
In reviewing the EASR, both the RA's and MPRT observed that, whie the WMF has been subject to
many inventory studies on the quantities and type of waste, there are stil uncertainties. In turn, there
needed to be additional detailed examination of the design of the new Water Treatment Facility.
The LLRWMO Addendum responded to these comments by providing significant additional
research on water treatment methods and the design of the new Water Treatment Facility. The
design assumes worst case conditions and includes technobgies that can address a wide range of
contaminants. Numerous similar existing treatment facilities across North America were examined
The MPRT concludes that the assessment of water treatment technologies in the Addendum report
provides the information we requested. We feel it would be prudent to install monitoring well; in the
existing waste material at several locations in order to sample actual waste quality befOre the design of
the treatment system is finalized In addition, as the new treatment pJDcess will create small amounts
of wastes that will need to be disposed of, either a portion of the disposal cell should be left open
after the completion of existing waste emplacement or a small on-site disposal cell should be added
to the scope of the L1WMF to accept these solids. These suggestions can be addressed at the
detailed design stage.
5.0 Bluff Seepage
Seepage along the bluffs at the existing Port Granby WMF occurs intermittendy, mainly during the
spring and fall. 1bis is a diffuse discharge and in some locations, seepage water collects and flows
down the slope onto the beach. Following the removal of the wastes currently managed by the
WMF a detailed investigation of ground water quality, discharge rates, and long-term impact of the
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bluff seepage should be completed Bluff seepage could have implications for land use and access.
The consideration of a long-term bluff seepage monitoring program would be prudent.
6.0 Dose Calculations for Members ofthe Public and Workers around the LTWMF
The EASR report and supportive studies address potential dose to the public and workers in
considerable detail. Health Canada, the CNSC, NRCan and Provincial arid Federal Agencies
continue to pay attention to insuring the new Long Term Waste Management Facility can by
constructed and operated in a safe manner. In reviewing the EASR, the MPRT and RAs requested
additional clarity about how dose calculations were derived. Questions raised by the RA's are
addressed in Appendix B of the Addendum and the methodologies for the cak:ulation of annw dose
estimates are further described The MPRT is satisfied with the information provided in the
Addendum document.
7.0 Conclusion
The EASR and Addendum provides a sufficiently comprehensive assessment of the environmental
effects of the Port Granby Project. Through the Municipality of Clarington, the MPRT will present
detailed comments to the LLRWMO.
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PORT GRANBY LONG-TERM LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT PROJECT
ENVIRONMENTAL ASSESSMENT STUDY
REPORT ADDENDUM REVIEW
Prepared By
Hardy Stevenson and Associates Limited
364 Davenport Road
Toronto, Ontario
M5R 1K6
November 25, 2008
HARDY
STEVENSON
AND ASSOCIATES
506
Table of Contents
Preamble........................................................................................................................... ..................................... 3
1.0 Background..........................................................................................................................................3
2.0 Introduction......................................................................................................................................... 3
3.0 Groundwater Flow Modelling and Analysis............................................................................... 4
4.0 Water Treatment Requirements .................................................................................................... 5
4.1 Influent.................................................. ............. ........ ........................................................... ................. 6
4.2 T reattnent T echnologi:s ............. ..................................................................... .................................... 6
4.2.1 Basis for Selecting Technologies ......................;....................................................................... 7
4.2.2 Management of Solids ............................................................................................. ................... 7
4.3 Water Treattnent Conclusions ............................................................................................................ 7
5.0 Bluff Seepage ............................ ........................................................................................................... 8
6.0 Dose Calculations ........................................................................................................... ................... 9
7.0 ConcJusion............................................................................................................................................ 9
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EASR ADDENDUM DOCUMENT REVIEW
Preamble
Because comments on the overall design of the LTWMF and the effects of the mound on the human
and physical environment were not completely addressed in the EASR, an Addendum Report was
completed. The RA's and MPRT identified the following areas where further information was
needed: groundwater flow modelling and analysis, assessment of water treatment requirements, bluff
seepage and dose calculations. The Municipality of Clarington's Municipal Peer Review Team has
reviewed the Addendum Report. Overall, the MPRT is satisfied that the EASR and Addendum is an
acceptable basis for proceeding to the next stage of the regulatory approval process.
1.0 Background
Low-level radioactive waste and associated marginally contaminated soils were deposited in the Port
Granby Waste Management Facility on the Lake Ontario shoreline from 1955 to 1988 in the
Municipality of Clarington. The wastes are currently a source of contamination of groundwater,
soils, natural environmental features and Lake Ontario. To resolve this problem, the Municipality of
Clarington is part of a community-based initiative to implement a safe, long-term management
solution. This is known as the Port Granby Project. The principal objective of the Port Granby
Project is to manage historic wastes in a suitably constructed, environmentally safe, socially
acceptable and appropriately controned state for several hundred years. This management approach
would result in the construction of a new Long-Term Waste Management Facility (LTWMF). The
Govemment of Canada's Low Level Radioactive Waste Management Office ('LLRWMO") is the
project proponent of the LTWMF. The LLRWMO has responsibility for defining how the wastes
are to be removed and effectively managed over the long term.
2.0 Introduction
The process for mOVUlg and managmg the wastes must be approved through the Federal
environmental assessment process under the Canadian Environmental Assessment Act ("CEAA").
The Regulatory Authorities ("RA's'') responsible for approving the proposal for managing the wastes
are Natural Resources Canada ("NRCan') and the Canadian Nuclear Safety Commission ("CNSC'').
The Environmental Assessment ("EA'') Study Report ("EASR") was completed in August 2006.
Ten Federal and Provincial agencies participated over the course of the review period; ending
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October 2006. The Municipality of Clarington Peer Review Team ("MPRT") also participated in the
review of the EASR.
Because comments on the overall design of the L TWMF and the effects of the mound on the human
and physical environment were not completely addressed in the EASR, an Addendum Report was
completed Appendix A, Band C of the Addendum presents additional information on groundwater
modelling, dose calculations and water treatment technologies. The Addendum also selVes as a
continuation of the regulatory review process documented in the Comment and Disposition form
found in 'Appendix F'. In Appendix F the Addendum addresses the outstanding NRCan comments
as well as questions posed by the Regulatory Authorities (RA's) that are important to the progression
of the project into the licensing phase.
3.0 Groundwater Flow Modelling and Analysis
Long term safe storage of the waste is proposed to be achieved through the construction of a new
waste management facility north of Lakeshore Road in the Port Granby area of the Municipality of
Clarington. Within a site area of 33 hectares, the footprint of the engineered mound will be 10
hectares. Proper planning for the excavation and construction of a footpad of this size requires an
assessment of the impact of possible changes to ground water flow as there may be an effect on the
aquatic health of Port Granby Creek. In addition, information about groundwater flow is important
to assess the implications of potential groundwater contamination.
The issue raised by NRCan and of interest to' the Municipality of Clarington is whether: 1) the
LlWMF has potential to reduce ground water flows into Port Granby Creek and thus affecting its
aquatic characteristics, 2) whether flows will go to Lake Ontario resulting in changes to the amount
of water going directly to the Lake and 3) whether there might be contamination of the Port Granby
Creek from the LlWMF due to leachate. Modelling is used as a tool to predict whether the new
LlWMF could influence the flow of groundwater into Lake Ontario and Port Granby Creek. The
model allows an analysis of relative comparisons of pre- and post- L 1WMF conditions.
On reviewing the EASR, the CNSC and MPRT asked for further clarification on how the results of
the groundwater flow modelling were applied in predicting groundwater flow direction. Through its
specialists, the LLRWMO re-examined the modelling. A comparison was made of physical
conditions obselVed through soils characteristics and water levds produced by boreholes dug by the
LLRWMO specialists and the data populating the modeL
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LLRWMO specialists note that groundwater from the proposed LTWMF site is currently entering
the Port Granby Creek through seeps that make it a cold water stream They conclude that the Port
Granby Creek is the western boundary of shallow ground water movement, with deeper groundwater
flows going in the direction of Lake Ontario.
When the LLRWMO specialists revisited the model they concluded that the hydrogeologic model is
consistent with physical data from on site tests. While they acknowledged that the accuracy of the
model can be improved, they observed that the model is considered to be a reasonable
approximation of the physical system. Thus, there is enough data available to allow an evaluation of
the incremental change to the baseline conditions that might be attributed to the new LTWMF.
The MPRT agrees that groundwater modelling will not give an exact prediction of the post-LTWMF
groundwater conditions and overall impacts of the facility. And, no further ground water modeling is
necessary in order to characterize ground water flow conditions or contaminant transport at the site.
As the proponent notes, the modeling is a "best efforts" representation of a complex physical
system. It is not possible for the modeling to exactly duplicate existing conditions.
In lieu of additional modeling, the MPRT concludes that further investigation of each of the
hydro stratigraphic units and the ground water discharge characteristics in the vicinity of the Port
Granby Creek should be determined based on actual field data during construction.
4.0 Water Treatment Requirements
Arsenic, radium 226, uranium, lead 210, thorium 230, fluoride and other contaminated material must
be removed from the existing Waste Management Facility (''WMF'') and be safdy stored in the new
LTWMF. Exposure to this material has resulted in groundwater contamination. Federal reviewers
stated that the influent water quality could also be more contaminated due to the mixing with the
waste during construction - particularly during times of stormwater runoff during excavation. As a
result of higher volumes of groundwater predicted during construction and uncertainties regarding its
characteristics, the RAs and MPRT requested more information on what Water Treatment
technohgy would be devdoped to capture and treat groundwater.
The LLRWMO was asked to provide additional information on whether the new Water Treatment
Facility is sufficiently designed to treat both current and future leachate. Specifically, 1.7 times more
leachate will be treated than currently being treated at the Water Treatment Facility and the loadings
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of contaminants will increase over the six year construction period. After construction the loadings
were predicted to decrease to less than 1 percent of current values. Water treatment technologies
and levds of treatment would need to be engineered to address these levels.
The LLR\VMO Addendum responded to these comments by providing: more information on
influent characteristics, significant additional research on water treatment methods and the design of
the new Water Treatment Facility.
4.1 Influent
The LLR\VMO specialists calculated influent quality by observing the current influent water quality
levels. They note the average and high levels of contamination and assume that the high levels
represent an upper bound for treatment definition. The design assumes worst case conditions.
Further, the design assesses technobgies that can address a wide range of contaminants. The
LLR\VMO specialists acknowledge that further testing is required before treatment methods are
finalized The further testing involves updating samples of the leachate.
The MPRT's previous comments regarding assessment of influent quality remain. In our opinion,
there has been little sampling of the actual waste quality associated with the existing management
facility. The proponent suggests that they have used a worst case approach to assess waste quality.
However, as we have noted previously, the assumptions are based on limited laboratory leach testing
programs conducted in 1985 and 1996. It would be prudent to install monitoring wells in the existing
waste material at sevetallocations in order to sample actual waste quality before the design of the
Water Treatment Facility is completed This is necessary to ensure the worst case assumptions
presented by the proponent are supportable.
4.2 Treatment Technologies
Numerous existing treatment facilities across North America were examined and documented in the
Addendum. In selecting treatment technologies the LLR\VMO state that priority will be given to
priority contaminants (arsenic, uranium, radium-226 and related metals and radio-nuclides).
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4.2.1 Basis for Selecting Technologies
The following additional research was completed by the LLRWMO in support of the identification
and assessment of water treatment technologies: "Draft Report on Assessment of Water Treatment
Requirements and Options, Port Granby Project" CRA, September 2008 CRA Ref. 051175-02 and
Technical Memorandum prepared by Golder Associates ''Water Treatment System Influent Quality
and Flow Port Granby Revision (3)" February 2008 and EcoMetrix, "Upper Bounding Values for
Treated Effluent from the Proposed Port Granby WMF", September 2008. The later report: 1)
identifies contaminants likely to be present in influent waters at concentratbns potentially requiring
treatment; 2) identifying acceptable concentration levels for the lake receiving environment; 3)
estimating dilution and net effects in a near shore mixing zone.
A list of 25 available treatment techmlogies was researched and evaluated based on screening criteria.
Five technologies passed the screening process: 1) resin-based ion exchange, 2) reverse osmosis, 3)
evaporation, 4) 1i1re precipitatbn, 5) ferric chloride co-precipitation. The LLRWMO has indicated in
the Addendum Report that resin-based ion exchange is the preferred water treatment approach
4.2.2 Management of SoHds
All of the water treatment options will produce solids. The MPRT observed that the continued
generation of solids from the water treatment processes after completion of constroction, at least for
a while, implies that either a portion of the disposal cell should be left open after the completion of
existing waste emplacement or a small on-site disposal cell should be added to the scope of the
project to accept these solids.
4.3 Water Treatment Conclusions
The MPRT concludes that the assessment of water treatment technologies in the Addendum report
provides the information we req~sted We feel it would be prudent to install monitoring wells in the
existing waste material at several locations in order to sample aC1llal waste quality before the design of
the treatment system is finalized In addition, as the new treatment process will create small amounts
of wastes that will need to be disposed of, either a portion of the disposal cell should be left <:pen
after the completion of existing waste emplacement or a small on-site disposal cell should be added
to the scope of the L TWMF to accept these solids. These suggestions can be addressed at the
detailed design stage.
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Overall, the MPRT concludes that the LLRWM:O deserves pralSe for the depth of research
completed on Treatment Technologies. When finalized after the current review process, the Waste
Treatment report should become a permanent, unchanging, stand-alone docl.Unent, much like the
Baseline Characterization Studies. The current version provides an excellent comprehensive review
of the current technology and the bases for selecting specific technobgies for this project. In
addition, it defines a path fo!Ward for finalizing the treatment process for this project.
5.0 Bluff Seepage
Seepage over 0.5 km of the bluffs at Port Granby occurs intermittently, mainly during the spring and
fall. This is a diffuse discharge and in some locations, seepage water collects and flows down the
slope onto the beach Under typical conditions the LLRWMO concludes that bluff seepage is
expected to have little influence on background near shore lake concentrations. The Addendl.Un
Report concludes that, after the waste is excavated, these levels would be quickly diminished to
protect the aquatic environment.
Several methods of reducing bluff seepage were examined by the LLRWMO: trenches, extraction
wells, groundwater collection system. The LLRWMO concludes that the waste excavation and East
Gorge Collection System would function to limit quantities of contaminated groundwater exiting the
bluffs through seepage. Lake loadings are therefore effectively minimized
The MPRT agrees that the seepage of impacted ground water from the bluffs will not pose an
adverse impact to human health or the natural environment. However, the results of modeling and
other discussions presented by the LLRWMO suggest that impacted ground water will continue to
discharge from the bluffs for a very long period of time (50 years or more). Bluff seepage could have
implications for land use and access over this time period. Thus, particular attention needs to be pail
to how much to rely on LLRWMO modelling vs. field measurements.
The MPRT concludes that while we agree that the modeling is useful, it cannot replace actual field
measurement of seepage voll.Unes and water quality. As we have stated in nl.Unerous comments in the
past, there has been insufficient investigation to address the issue of bluff seepage.
Following the removal of the wastes currently managed by the WMF a detailed investigation of
ground water quality, discharge rates, and long-term impact of the bluff seepage should be
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completed The consideration of a long-term monitoring program and contingency program to
control the bluff seepage would be prudent.
6.0 Dose Calculations
The EASR report and supportive studies address potential dose to the public and workers in
considerable detail. Comments on dose calculations in the EASR centered on the issue of Appendix
H not clearly describing how annual dose estimates were derived. CNSC comments focused on
clarifying references used for radionuclide concentrations used in the dose calculations. Questions
raised by the RA's are addressed in Appendix B of the Addendum and the methodologies for the
calculation of annual dose estimates are further described In reviewing the EASR, the MPRT and
RAs requested additional clarity.
In response LLRWMO specialists provided a detailed description of public dose descriptions and
worker dose descriptions in Appendix H. Overall, there is anticipated to be incremental worker
dose from airborne emissions and no dose pathway due to water. All of the pathways were
modelled.
The MPRT is satisfied with the infonnation provided in the Addendum document. However, at the
end of Section H1.3, we would suggest that the LLRWMO add a summary of the results of the dose
estimates, including a grand total for receptor location PG- NE (located at the northeast comer of the
Cameco owned property at the fence-line).
7.0 Conclusion
The Addendum was produced because the RA's and MPRT identified a number of areas where
further information was needed, specifically: gronndwater flow modelling and analysis, assessment of
water treatment requirements, bluff seepage and dose calculations. The Municipality of Clarington's
Municipal Peer Review Team reviewed the Addendum Report. Overall, all of the requested
infonnation has either been provided or can be provided in the design and construction phase of the
project. Several research areas were particularly well done. The EASR and Addendum provides a
sufficiendy comprehensive assessment of the environmental effects of the Port Granby Project.
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DRAFT LIST
OF DELEGATIONS
GPA Meeting: December 1,2008
(a) Alfred Frendo-Cumbo, Regarding Report CLD-033-08
(b) Mary Flynn-Guglietti, McMillan LLP, Regarding Addendum #2 to Report
PSD-077-08
(c) Andrew Warman, McMillan LLP, Regarding Addendum #2 to Report
PSD-077-08
(d) Wayne Clarke, Valiant Property Management, Regarding Report
PSD-131-08
(e) Linda Gasser, Regarding Procedural By-law Amendments
(f) Linda Gasser, Regarding Public Consultation
601
ClwilJgron
PUBLIC MEETING
CORPORATION OF THE REPORT # PSD-124-08
MUNICIPALITY OF CLARINGTON FARSIGHT INVESTMENTS INC.
NOTICE OF COMPLETE APPLICATION & PUBLIC
MEETING
I DEVELOPMENT APPLICATION BY: FAR SIGHT INVESTMENTS LIMITED
AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND APPROVE A
DRAFT PLAN OF SUBDIVISION
TAKE NOTICE that the Coun~i1 of the Corporation of the Municipality of Clarington will consider a proposed Official Plan
Amendment, a proposed Zoning By-law Amendment, and a Draft Plan of Subdivision under Sections 17 34 and 51
respectively of the Planning Act, 1990, as amended. '
APPLICATION DETAILS
The proposed. Official Plan Ame~dment, Zoning By-law Amendment and Draft Plan of Subdivision submitted by Far Sight
Inves.tments Llmlt~d would ~ermlt the develop~ent of a 541 dwelling unit subdivision, comprised of 273 single detached
dwellings, 2 m~lum denSity blocks containing 239 medium density dwellings, 1 park, 1 parkette, a storm water
management facIlity and 2 open space blocks and permit the deletion of a Public Elementary School symbol.
The subject property is located in Part Lot 7, Concession 1, former Township of Darlington as shown on reverse.
The Municipality of Clarington has deemed the above-noted application complete.
Planning File Nos.: COPA200B-0006, S-C-2005-0002, ZBA2005-0041
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments,
identify issues and provide additional information relative to the proposed development. The public meetin9 will be held on:
DATE: Monday, December 1,2008
TIME: 9:30 a.m.
PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration
Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on
Monday December 8, 2008, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with
the Clerks Department by the Wednesday noon, December 3, 200B. to have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Official Plan Amendment, approval of the Zoning By-law Amendment and/or Draft Plan of Subdivision, you must
submit a written request to the Clerk's Departmen~ 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6.
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 8:30 a.m. and 4:30 p.m. (during July and
August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville,
Ontario L 1C 3AB, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashton@clarinaton.net
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-law
Amendments and/or Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public
meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-
law Amendment and Draft Plan of Subdivision are approved, the Ontario Municipal Board may dismiss all or part of the
appeal.
Dated at the Municipality of Clarington this 10th day of November, 2008.
David Crome, M.C.I.P., R.P.P.
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1 C 3A6
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PUBLIC MEETING
REPORT # PSD-125-08
WEST DIAMOND AND PLAYERS
MUNICIPALITY OF CLARINGTON BUSINESS PARK
NOTICE OF SECOND PUBLIC MEETING
I DEVELOPMENT APPLICATION BY: WEST DIAMOND PROPERTIES AND
PLAYERS BUSINESS PARK LTD.
CI![#}glOn
CORPORATION OF THE
A N APPLICATION TO AMEND THE ZONING BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment and Draft Plan of Subdivision, under Sections 34 and 50 of the Planning Act, 1990, as
amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment application would permit the development of a 426 residential unit Draft
Plan of Subdivision consisting of 253 single detached and semi-detached (link) units, 173 townhouse units and a
parkette.
The subject property is located on the west side of Green Road, north of Durham Highway 2 being Part Lot 17,
Concession 2, in the former Township of Darlington, as shown on reverse.
Planning File Nos.: ZBA 2004-049 and S-C-2004-004
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
Monday, December 1, 2008
9:30 a.m.
Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
DATE:
TIME:
PLACE:
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, December 8, 2008, commencing at 7:00 p.rn. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, December 3, 2008, to have your name appear in
the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the
Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2na Floor, 40 Temperance
Street, Bowmanville, Ontario L 1C 3A6.
Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the
Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling
Cynthia Strike, Planner at (905) 623-3379, extension 326 or bye-mail atcstrike@clarinqton.net.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment and
Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or
does not make written submissions before the proposed Draft Plan of Subdivision is approved, the Ontario
Municipal Board may dismiss all or part of the appeal.
nicipality of Clarington this 29th day of October, 2008.
Da i orne, M.C.I.P., R.P.P.
Direc or of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1 C 3A6
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, December 1, 2008
Report #: PSD-124-0S
File #: COPA 200S-0006 By-law #:
ZBA 200S-041, S-C-200S-0002
Subject:
REVISED APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT AND FOR AN OFFICIAL PLAN
AMENDMENT TO DELETE A PUBLIC ELEMENTARY SCHOOL SYMBOL,
INCREASE THE VINCENT MASSEY NEIGHBOURHOOD UNIT ALLOCATION
AND POPULATION
APPLICANT: FAR SIGHT INVESTMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-124-0S be received;
2. THAT applications to amend the Clarington Official Plan and Zoning By-law and for a
proposed draft plan of subdivision, submitted by Far Sight Investments Ltd., continue to
be reviewed to address outstanding issues and any concerns raised at the Public
Meeting; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Davi . rome, MCIP, RPP
Director of Planning Services
Reviewed by: J ~ ~'4..-
Franklin Wu,
Chief Administrative Officer
SA/CP/df/sh
24 November, 2008
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
801
REPORT NO.: PSD-124-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: Far Sight Investments Limited
1.2 Plan of Subdivision:
A 541 residential dwelling unit plan of subdivision comprised of 273 single
detached dwellings, 29 on-street townhouse units, 2 medium density
blocks containing 239 medium density dwellings, 1 park block, 1 parkette
block, a storm water management facility and 2 open space blocks
(Attachment 2).
1.3 Zoning By-law Amendment:
To rezone the subject lands from "Agricultural (A)" to an appropriate zone
to permit the development of the above-mentioned draft plan of
subdivision.
1.4 Official Plan Amendment:
i) To delete the Public Elementary School symbol; and
ii) To increase the Vincent Massey Neighbourhood allocation of low
density and medium density dwelling units and the corresponding
population allocation.
1.S Site Area: 46.041 ha
1.6 Location: The subject lands are located in Bowmanville, west of the Soper Creek,
south of Concession Street East and north of Durham Highway 2. The
property is contained within Part Lot 7, Concession 1, former Township of
Darlington (Attachment 1).
2.0 BACKGROUND
2.1 Draft Plan of Subdivision and Rezonina Applications
Far Sight Investments Limited previously submitted applications for draft plan of
subdivision and zoning by-law amendment in September 200S. Since that time the
applicant has been working with Staff to complete an Environmental Impact Study which
determined the development limits of the site adjacent to the Soper Creek and the East
Soper Creek tributary, and to address issues raised by the Bowmanville Zoo and
various government agenci~s through redesign.
2.2 Official Plan Amendment
On November 4, 200S, the Owner submitted an application for an Official Plan
Amendment on the subject property. The Official Plan Amendment proposes:
· to delete the Public Elementary School site symbol as the Kawartha Pine Ridge
District School Board has declined the site;
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REPORT NO.: PSD-124-08
PAGE 3
· to increase the low density dwelling unit allocation for the Vincent Massey
Neighbourhood from 1025 dwelling units to 1125 dwelling units;
· to increase the allocation for medium. density dwelling units from 200 to 250
dwelling units; and
. increase in the overall neighbourhood population from 3600 persons to 43S0
persons.
Attachment 4 contains a copy of the proposed Official Plan Amendment submitted in
support of this application.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is curr~ntly vacant and has frontage along Lambs Road and
Concession Street East. The property is a greenfield site that has previously been used
for agriculture.
3.2
Surrounding Uses:
North:
South:
East:
West:
A former private school at 2020 Lambs Road
1.306 ha to be retained by the owner which has frontage on
Durham Highway 2 and Lambs Road
Rural residential and agricultural
Soper Creek, Bowmanville Zoo, existing low density residential
4.0 PROVINCIAL POLICIES
4.1 Provincial Policy Statement (PPS)
The applications were reviewed in the context of the 200S Provincial Policy Statement.
4.1.1 New development shall occur adjacent to built up areas and shall have compact form, a
mix of uses and densities that allow for the efficient use of land, infrastructure and public
services.
4.1.2 Planning Authorities are required to provide for a range of housing types and densities
with a ten (10) year supply of lands which are designated and a three (3) year supply of
zoned and serviced lands within draft approved and registered plans. New housing is to
be directed to locations where infrastructure and public services are or will be available.
A full range of housing types and densities shall be provided to meet projected
requirements of current and future residents of the regional market area.
4.1.3 Healthy active communities should be prompted by planning public streets and spaces
that are safe and facilitate pedestrian and non-motorized movement. A full range of
publicly accessible built and natural setting for recreation including facilities, parks, open
space and trails should also be considered.
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4.1.4 Infrastructure and public services facilities shall be provided in a coordinated efficient
and cost effective manner. Planning for these shall be integrated with planning for
growth so that they are available to meet current and projected needs. The use of
existing infrastructure and public service facilities should be optimized where feasible
before considering developing new infrastructure and public service facilities.
4.1.5 Planning authorities shall support energy efficiency and improved air quality through
various means in the planning and development process.
4.1.6 Long-term prosperity, environmental health and social well-being depend on protecting
natural heritage, water, agricultural, mineral and cultural heritage and archaeological
resources for their economic, environmental and social benefit. Development and site
alteration shall not be permitted on adjacent lands to the natural heritage features and
area unless the ecological function of the adjacent lands has been evaluated and it has
been demonstrated that there are no negative impacts on the natural features on their
ecological functions.
4.2 Provincial Growth Plan
4.2.1 The plan of subdivision and the rezoning applications were submitted prior to the
Provincial Growth Plan and as such are subject to the transition policies of the Growth
Plan. The Plan states that applications predating the Growth Plan shall be continued
and disposed of as if the Growth Plan had not come into effect.
4.2.2 However, the Official Plan amendment, received on November 8, 2008, is to be
reviewed in context of the Growth Plan policies. The subject lands are within the "built
boundary" that the Province has defined subsequent to the Growth Plan. The built
boundary is used to measure intensification. Neither the Region of Durham nor the
Municipality of Clarington have developed or implemented a strategy or policy to
achieve intensification or an intensification target at this time. This Official Plan
Amendment does seek to achieve a higher density than contemplated by the Official
Plan when it was approved in 1996. The applicant is requesting an increase in both low
and medium density units. The proposed compact form of development, with a range
and mix of house types, and a pedestrian/bicycling trail system connecting it to other
uses is compliant with the principles of the Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reoional Official Plan
The lands are designated Living Area, Major Open Space and Environmentally
Sensitive Area in the Durham Region Official Plan. Lands designated Living Area permit
the development of residential units, incorporating the widest possible variety of housing
types, sizes and tenure. The applicant has proposed open space blocks for the land that
reflects the Major Open Space designation containing the Environmentally Sensitive
Areas.
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5.2 ClarinQton Official Plan
The lands are designated Urban Residential and Environmental Protection Area in the
Clarington Official Plan. The residential designation includes two medium density
symbols, a Neighbourhood Park, and a Public Elementary School. The Environmental
Protection Area contains significant woodlands and significant valleylands, part of the
Municipality's Natural Heritage System.
An Environmental Impact Study (EIS) was completed for this development application in
the summer of 2008. A development limit was established to the satisfaction of the
Municipality of Clarington and the Central Lake Ontario Conservation Authority. The
report also contained a number of recommendations and mitigation measures to be
implemented for the protection of the natural heritage features identified.
A Neighbourhood Design Plan is required for all neighbourhoods prior to draft approval
of a plan of subdivision. As the Far Sight lands are the last remaining vacant parcel
within the Vincent Massey Neighbourhood, a neighbourhood design plan is not
required. The applicant did provide a concept neighbourhood plan indicating how the
proposed subdivision would connect with existing development via pedestrian trails,
walkways and bridges.
Neighbourhood design principles in the Clarington Official Plan state all subdivision
applications must exhibit good neighbourhood design including the following items: grid
streets, potential cycling and transit routes, public buildings and spaces to be centrally
located with a good street presence, natural features to be enhanced by minimizing
grade changes, preserving mature trees and providing for open space linkages, and a
high quality urban environment along arterial roads. The applicant has been working
with the municipal staff to make adjustments to the proposed draft plan of subdivision to
include more defined medium density areas, and to increase public views and access to
the valleylands.
The Bowmanville Zoo abuts the proposed subdivision along the western boundary. The
Bowmanville Zoo is recognized in the Clarington Official Plan by designation as a
Tourism Node. A Tourism Node identifies areas of major tourism and recreation
potential. Staff and the applicant have maintained an open dialogue with the
Bowmanville Zoo to advise them of any revisions to the proposed draft plan of
subdivision and to identify the Zoo's concerns regarding development abutting the Zoo
property.
As per Growth Management policies in the Clarington Official Plan, a Financial Impact
Analysis was undertaken by the Municipality of Clarington in 2007/2008 for a number of
major development proposals including the subject proposal. Further discussion is
contained in Section 10.
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6.0 ZONING BY-LAW
6.1 The subject lands are currently within the "Agricultural (A) Zone" and "Environmental
Protection (EP) Zone". The applicant has applied to rezone the property to permit the
proposed subdivision development.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 EnvironmentallmDact Study
In accordance with the policies of the Clarington Official Plan, Aquafor Beech Limited
conducted an Environmental Impact Study (EIS) on behalf of the Municipality of
Clarington during 2007/2008. The study was undertaken to identify any significant
features and the extent of related constraints such as hazard areas, to examine the
Soper Creek and East Soper Creek that traverse the property, to review all natural
heritage issues associated with the property, including any woodlands. The EIS also
identified cumulative impacts and recommended mitigation measures. The
Environmental Impact Study found no significant species, nor rare vegetation
community types in the subject study area. The study made a number of
recommendations, which include the following:
i) A 5 metre setback from the western edge of the worked agricultural field;
ii) A 10 metre setback from wetland features associated with the East Soper Creek in
the southwest area of the property;
iii) A 30 metre coldwater fisheries setback from each bank of the Soper Creek and
East Soper Creek;
iv) Vegetation replanting along areas of the Soper Creek with native species; and
v) Erosion and sediment control measures to be adhered to prior to and during
construction.
Some of the recommendations have been implemented in the redesign of the draft plan
of subdivision. If approval of the subdivision occurs, the remaining recommendations of
the EIS would be implemented through conditions of draft approval, permits required
from the Conservation Authority and detail design review by Engineering Services.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and three (3) public meeting notice signs were installed on the property along the
Concession Street East, Lambs Road and Durham Highway 2 frontages.
8.2 Public notice was also given to all interested parties on record for the draft plan of
subdivision and the zoning by-law amendment.
8.3 There has been some concern from residents on the submission of the original
applications. These concerns are summarized as follows:
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REPORT NO.: PSD-124-08
PAGE 7
· Conflict with the existing zoo pertaining to security for the zoo, security for private
citizens and setback from animals and manure;
. Impact of development on abutting agricultural uses by light and dust;
. Impact on residential wells along Lambs Road;
. Increased traffic on Lambs Road;
. Development is at too high a density;
. Impact on taxes of rural residential properties in the area;
. Protection of the existing tree line along the west side of Lambs Road; and
. This development constitutes urban sprawl on the east side of Soper Creek.
9.0 AGENCY COMMENTS
9.1 At the writing of this report, the majority of agency comments have not been received
regarding the Official Plan amendment or the revised draft plan of subdivision.
Comments below from various agencies are still applicable and are included for your
information.
9.2 Clarington Engineering Services provided comments on the initial application. In a
recent meeting with the applicant they reiterated that the following comment remains
applicable: Existing municipal roadways situated in the easterly portion of the
Bowmanville Urban Area have not yet been constructed to an urban standard and
related infrastructure such as storm sewers and stormwater drainage systems do not
exist. As the installation of urban services and related infrastructure is not contemplated
in the foreseeable future we find this proposal to be premature and therefore cannot
support this application at this time. Actual development of the subject lands cannot
proceed until improvements to municipal infrastructure such as the urbanization of
existing roads, installation of pedestrian sidewalks and the installation of storm drainage
systems has occurred. Detailed comments on the proposed revisions to the subdivision
application and proposed Official Plan Amendment will be provided.
9.3 The Kawartha Pine Ridge District School Board has formally declined the school site
contained within the plan of subdivision application. The Board has concerns with
pedestrian and vehicle traffic flow and safety along Lambs Road as well as safe access
to Durham Highway 2 and Concession Street East (See Attachment 3).
9.4 Central Lake Ontario Conservation Authority have not yet forwarded comments
regarding the revised plan of subdivision, but have advised the Environmental Impact
Study report has been completed to their satisfaction. CLOC was part of the Steering
Committee for the EIS and had an integral role in the delineation of the development
limit and mitigation measures recommended in the report.
1 0.0 STAFF COMMENTS
10.1 The applications are for development of 541 residential dwelling units (273 single
detached, 29 townhouse units and 239 medium density units) on the last vacant parcel
with the Vincent Massey Neighbourhood. It is also the first residential development
parcel on the east side of Soper Creek. The following chart compares the original
submission with the current revised application:
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REPORT NO.: PSD-124-08
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Original Revised
# of Ha # of Ha
lots/blocks lots/blocks
Low Densitv 372 15.700 273 11 .1 02
Medium Density 50 1.413 268 7.614
Residential Sub-total 422 17.113 541 18.716
School Block 1 2.192 0 0.000
Park Block 1 1.620 2 2.674
Stormwater Pond Block 1 1.618 1 1.850
Open Space Block 2 13.677 2 15.539
Block Retained Bv Owner 1 1.306 1 1.209
EasementlWalkwav 1 0.045 1 0.030
Reserves 3 0.029 5 0.005
WideninQs 3 1.201 4 1.226
Roads n/a 7.240 n/a 4.792
TOTAL 46.041 46.041
This chart shows that although the 2.192 ha school block was declined by the school
board, only an additional 1.6 ha was used for proposed residential uses. Additional
lands were required through the Environmental Impact Study to increase the open
space blocks by 1.862 ha. Also, the applicant has increased the amount of parkland in
the proposed subdivision, from one park block originally, to two park blocks (2.608 ha
park and a 0.143 ha parkette). The applicant has been able to increase the unit count
significantly from 422 units to 541 units by increasing the number of medium density
units. The majority of these medium density units (239 units) will be contained in two
medium density blocks located at the north and south ends of the proposed subdivision
with direct access to Lambs Road.
Although it would appear there are significantly less roads in the revised plan, in
actuality there are only fewer municipal roads proposed and now two private roads
servicing the medium density blocks proposed.
10.2 The proposal uses a grid-like street pattern with the medium density areas located in
two (2) blocks, one (1) at the north end adjacent to Lambs Road (which is a Type B
arterial) and Concession Street East. There is an access proposed directly from this
medium density area to Lambs Road. The second medium density area is located in a
block at the south end of the proposed subdivision, again adjacent to Lambs Road.
There will also be a direct access to Lambs Road. The remainder of the site will be low
density with no vehicular connections to Concession Street East or to Durham Highway
2. Although the street pattern is grid-like, there are no collector roads within the
proposed subdivision. All traffic is guided to local roads which exit directly onto Lambs
Road in two (2) locations.
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10.3 Official Plan Amendment
The Official Plan Amendment has been submitted, firstly to delete the public elementary
school symbol and secondly to increase the low and medium density unit allocation and
thus the population, within the Vincent Massey neighbourhood.
i) School Site
The Kawartha Pine Ridge District School Board indicated that they do not require
the public elementary school site. Based on these written comments, the applicant
has submitted the corresponding application for Official Plan amendment to delete
the school site.
With respect to the loss of green space, as a result of the deletion of the school site
the "green" area of the proposed subdivision is approximately 44% of the total
lands. The applicant's planning justification report suggests that the deletion of the
school site will not adversely impact the residents of the proposed subdivision as
more than adequate green area is provided for the use and enjoyment of the future
and existing residents.
ii) Dwelling Unit and Population Increases
The deletion of the school site, that was to be approximately 2.19 ha, provides
additional lands for housing development that was not previously anticipated. This
contributed approximately 50 additional dwelling units. Through the review process,
the applicant has also increased the number of medium density units from 50
medium density units in the original application to 268 medium density units in the
revised application currently presented for consideration. The increase in dwelling
units correspondingly results in an increase in overall population for the Vincent
Massey Neighbourhood.
10.4 Residents' Concerns
Area residents have raised a number of issues with this proposed plan of subdivision
both at the public meeting in 2005 and through public submissions. The following
discussion outlines how some issues have been addressed to date. In other instances,
certain issues will require further investigation.
i) Security for the Zoo and future residents - The Municipality has facilitated and
participated in meetings between the applicants and the Zoo to discuss security
measures which would protect both the Zoo animals and property and future
residents. These discussions are still ongoing but good progress had been made,
due in part to the willingness of both parties to take part in open discussion about
what is best for both.
ii) Setbacks from Zoo animals and manure - This is discussed in detail in Section 10.5
ii). However, the draft plan of subdivision has been revised to show the closest
dwelling to the Zoo is 168 metres distant from the manure storage, which exceed
the 142 metres recommended from the Ministry of Agriculture, Food and Rural
Affairs.
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PAGE 10
iii) Impact on Abutting Agricultural Uses - Through data supplied by the applicant and
reviewed by Clarington, the Central Lake Ontario Conservation Authority and the
municipal EIS consultant (Aquafor Beech), it has been determined that ground
water flow in this area is from north to south and east to west, towards the Soper
Creek and East Soper Creek, thus there should be no impact on rural residential
dwellings located on the east side of Lambs Road.
Mostert Greenhouses were also concerned about the impact of light and dust on
their greenhouse operations. The Municipality has provisions to govern dust control
on construction sites in the subdivision agreement. There will be light from this
subdivision in the future, from future subdivisions on the east side of Lambs Road
and there will be street lights in the future on Lambs Road. The timing of these
street lights is determined by a number of factors, including the economy as a
whole, the demand for development by developers and the municipal capital works
budget.
iv) Increased Traffic on Lambs Road - Lambs Road was designated as a Type B
arterial in the Durham Regional Official Plan in 1993 and the Clarington Official Plan
in 1996. As such this road will at some time be reconstructed with a right-of-way
width ranging from 30 to 36 metres. Type B arterial roads are to be designed to
move significant volumes of traffic at moderate speeds. The proposed development
along Lambs Road has been planned for through both the applicable Official Plans
and their subsequent policies.
v) Development is at Too High a Density - There will be a significant increase in
density from the few houses currently existing along Lambs Road to an urban type
development. The Provincial Growth Plan requires all new development to be at a
higher density than previously achieved all across the Greater Golden Horseshoe to
prevent urban sprawl. This development averages 29 units per net hectare,
ranging from 24.6 units per net hectare for the low density and 35.2 units per net
hectare for the medium density. This meets the current policies of the Clarington
Official Plan which permits densities of 10-30 for low density development and 311-
60 for medium density development.
vi) Impact on Taxes of Rural Residential Properties in the Area - These applications
do not change the Official Plan designation of "Future Urban Residential" or zoning
of "Agricultural" on surrounding properties. Residents may find their property values
increase or decrease depending on the economy and the development pressure on
the east side of Lambs Road in the future.
vii) Protection of the Existing Tree Line along the West Side of Lambs Road - Trees
along the west side of Lambs Road were not identified through the EIS as
significant trees to be protected. However, if approval is given for this plan of
subdivision, a tree preservation plan will be required. The Municipality will seek to
ensure that mature trees, where possible, will remain. However, although the
proposed subdivision may not affect the trees, the future urbanization of Lambs
Road may. It is a recommendation of the EIS that the applicant be required to do
plantings along the Soper Creek to enhance the health of the Soper Creek, that
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REPORT NO.: PSD-124-08
PAGE 11
additional planting south of Concession Street East in the northwest corner of the
development be done and that some transplanting of regionally rare species be
done to ensure continued survival.
viii) This Development Constitutes Urban Sprawl on the East Side of Soper Creek -
The subject lands have been within the urban area boundary of Bowmanville since
the approval of the Regional Official Plan in November 1993. The lands east of
Lambs Road extending to Bennett Road are designated Future Urban Residential
Area and are also within the Bowmanville urban area boundary.
10.5 Bowmanville Zoo
The Bowmanville Zoo (the Zoo) abuts the south west portion of the property for a
distance of approximately 380 metres. The Zoo also shares a boundary with the
Municipality's Mearns Avenue Park, about 420 metres in length. The Zoo has raised a
number of concerns, but primarily two key issues:
i) Security
It is the configuration of the Zoo and its enclosures relative to the proposed draft
plan of subdivision that concerns the Zoo's owners. The Zoo states it has been able
to abut the Mearns Avenue Park boundary in a harmonious manner as the Zoo
does not occupy any of their lands north of the Soper Creek at this time. This
unoccupied area and the creek have created a buffer between urban uses and the
Zoo. However, the Zoo has developed animal enclosures and buildings along its
eastern limits as historically the easterly abutting property has been used for
agriculture and prior to 1996 was beyond the Bowmanville urban area limit.
The Bowmanville Zoo requested a variety of security improvements including a
buffer area between the proposed dwellings and the Zoo and improved fencing, at
the expense of the proponent. The Zoo has also submitted a disk containing
summaries of zoo incidents worldwide for the last two (2) years. Staff have
reviewed the disk and would note there area variety of articles regarding zoo
security, zoo animal attacks on people, and incidents of people trespassing or
causing harm to zoo animals.
ii) Odour and Future Residents
Staff contacted the Ontario Ministry of Agriculture, Food and Rural Affairs
(OMAFRA) regarding the application of their Minimum Distance Separation
requirements for this development relative to the Zoo. These factors are typically
used for livestock and are applied outside urban area limits. However, they may be
used by the Municipality to evaluate the impact of the zoo animals and their manure
production on proposed residential dwellings. The proponents submitted an
Agricultural Analysis which indicates a setback of 142 metres to any dwelling unit.
The draft plan of subdivision has been designed to achieve this, and indicates a
minimum setback of 168 metres to the nearest dwelling unit.
A key consideration is that the Zoo follows accepted standards for manure handling
and disposal.
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10.6 Vallevlands
The dedication of the open space blocks along the Soper Creek Valley affords the
Municipality the potential for the expansion of a trail system linking Concession Street
East, to the Mearns Avenue Park to Durham Highway 2, then south to the Visual Arts
Centre and Soper Creek Park (Attachment 4). The trail system and a linking pedestrian
bridge to the Mearns Avenue Park is proposed to be constructed by the proponent at
their expense.
10.7 Proposed Park and Stormwater ManaQement Plan
The Clarington Official Plan contains policies to guide development of park blocks.
. The park system will connect with the Open Space system wherever possible. The
proposed park block is located adjacent to the stormwater management block and
in between both a north and south Open Space block. This location affords ample
connectivity to the Soper Creek valley system and to the existing Mearns Avenue
Park, which will be connected via a pedestrian bridge the applicants have agreed
to construct.
. That parks will be located as central as possible to the areas which they serve. The
park is generally located in the southern portion of the site. However it is centrally
located between the two (2) open space blocks and the stormwater management
block, providing a connection between the two (2) valley corridors.
. That physical means of access shall be provided on two (2) sides of all municipal
parks. This park is only accessible by a local road along part of its eastern edge
and there is a pedestrian connection noted above from the Soper Creek valley and
from the existing Mearns Avenue Park to the west.
. Street frontage shall not be less than 25% of the park perimeter. Currently the park
has a rectangular configuration which affords approximately 31 % of its perimeter to
have street frontage. This configuration allows for generous public pedestrian
access and communities views into the park. Being adjacent to the stormwater
management block provides a depth to sense of open space and, as the pond is
proposed to have permanent water storage, creates a water feature for the
neighbourhood. Staff has requested the applicant provide a facilities fit to ensure
the park size and configuration accommodates the Municipality's needs and is
working with the applicant on the ultimate pond design.
The stormwater management pond provides a security feature relative to the Zoo.
Its long, narrow configuration provides an additional barrier to the fencing along
the property boundary. With heavy planting of barrier plant species on the western
edge, this feature would assist in minimizing security issues.
10.8 Financiallmoact Analvsis
Recently the Municipality conducted a Financial Impact Analysis that quantified the
overall impact of selected large scale development proposals in the context of overall
growth in Clarington. The subject draft plan of subdivision application was included in
the analysis. The analysis demonstrated that Clarington has a sufficient supply of land
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REPORT NO.: PSD-124-08
PAGE 13
either draft approved or registered subdivisions to achieve the 10 year growth forecast
under the Development Charges Study.
The subject lands were not anticipated, by the Municipality to develop until
approximately 2014. The re-construction of the Lambs Road East Soper Creek crossing
is tentatively scheduled for 2013 and the complete re-construction of Lambs Road from
Highway 2 to Concession Street East is tentatively scheduled for 2014. This schedule
was based on the growth forecast at the time and will likely be delayed further due to
any downturn in development activity. The applicant has indicated that development is
intended to commence as soon as 2009. Once approval is granted to a residential
development the Municipality is indicating commitment to provide the necessary
municipal infrastructure for that development.
According to the Financial Impact Analysis, advancing this development will have an
overall negative fiscal impact on the Municipality. It would obligate Clarington to make
significant capital investments to facilitate residential development over and above its
current commitments. This obligation could negatively impact other proposed residential
developments within the Municipality, that have been included in the capital budget
and/or 4 year capital works forecast, and require extensive capital investments in order
to proceed further. As Council is aware, funding issues have been exacerbated in late
2007 and 2008 as anticipated growth numbers have not been achieved.
10.9 Neiohbourhood Desion
Since the submission of the draft plan of subdivision application, Staff have been
working with the applicant to incorporate further urban design principles into the
proposed plan of subdivision. In addition a number of changes were made to address
the development limits defined through the Environmental Impact Study. The applicant
has made revisions to the proposed draft plan of subdivision to include defined medium
density blocks, increase view corridors to the Soper Creek valley, include a wider
variety of lot widths ranging from 10 metres to 15 metres, include a green area
(parkette) in the north part of the development, improve exterior (flankage) elevations,
and improve noise fencing. Staff's request to revise the lotting pattern and the alignment
of Street 'H' to provide view of the Soper Creek valley at the north end is still under
discussion.
11.0 CONCLUSION
11.1 The purpose of this report and public meeting is to provide residents with further
opportunity to comment on the amended proposal and to fulfill the Planning Act
requirements for a Public Meeting on the proposed Official Plan amendment and the
revisions to the other applications. It is recommended that the application continue to be
reviewed by staff as agency comments are received and further discussion completed
with the applicant.
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REPORT NO.: PSD-124-08
PAGE 14
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Plan of Subdivision and Ortho Photo
Attachment 3 - Kawartha Pine Ridge District School Board Comments
Attachment 4 - Applicant Proposed Official Plan Amendment
Interested parties to be notified of Council and Committee's decision:
Far Sight Investments Limited
Sernas Associates
Mr. Mostert
Mr. Yeatman
Mr. Michael Hackenberger (Bowmanville Zoo)
Mark & Cheryl Rigby
Betty Marti
Mike Domovich
Lyndsay Luckhardt
Rhonda Hooper
Lorne Martin
John O'Toole
Dale Toombs
Dr. Wendy Korvar
Bert Newtel
Shirley Johnson
Margaret Quinney
Bernie Hirseland
814
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To Report PSD-124-08
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815
Attachment 2
To Report PSD-124-08
COPA 2008-0006, ZBA 2005-0041 ,S-C-2005-0002
816
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KAWARTHA PINE RIDGE
DISTRICT SCHOOL BOARD
Trustees:
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Attachment 3
To Report PSD-124-08
November 19, 2008
Susan Ashton, Senior Planner
Planning Services Department
Municipality of Clarington
40 Temperance Street
Bowmanville, ON
L1 C 3A6
File: R05 BOW 42
Re: Applications to Amend the Official Plan (COPA2008-0006) and
the Zoning By-law (ZBA2005-0041) and for Draft Plan of J
Subdivision Approval (S-C-2005-0002, Revised)
Pt Lt 7, Con I, Bowmanville
Far Sight Investments Limited
Board staff have reviewed the subject applications and have no
objections to the deletion of the public elementary school site
designation.
Approximately 167 elementary pupils and 55 secondary pupils will be
generated buy the subject applications. The home schools for this
development are Vincent Massey P.S. and Bowmanville H.S.
Attached is a copy of our previous comments dated July 11, 2006 that
details pedestrian safety issues along Lamb's Road, as well as safe
access to and along Highway #2 and Concession Street from the subject
development. Board staff still have these pedestrian safety concerns with
the subject applications.
Please contact me if you should have any questions.
AI~-:J ~
Norman J. Breitner, MCIP, RPP
Manager of Planning Services
817
Applicant's Proposed
Official Plan Amendment
Attachment 4
To Report PSD-124-08
Amendment No.
To the Municipality of Clarington Official Plan
Purpose:
The purpose of this Amendment is to make adjustments to the
Clarington Official Plan in order to permit the approval of Draft Plan of
Subdivision S-C-2005-002.
Specifically, the Amendment will:
1. Delete a proposed public elementary school site
2. Increase the allocation of low density and medium density
residential units in the Vincent Massey neighbourhood
3. Increase the projected population in the Vincent Massey
neighbourhood
Location:
This Amendment applies to the lands covered by Draft Plan of
Subdivision S-C-2005-002 which are located in Part of Lot 7,
Concession 1, former Township of Darlington within the Bowmanville
Urban Area of the Municipality of Clarington.
Basis:
This Amendment is based upon an application by Far Sight Investments
Limited, the owner of the land covered by Draft Plan of Subdivision S-C-
2005-002. Following the agency circulation comments and a thorough
planning review, the following was determined:
1. A public elementary school site as proposed on Land Use Map
A3 of the Official Plan was not needed to meet the long term
needs of the Kawartha Pine Ridge District School Board
2. An increase in the number of low density units and medium
density units allocated to the subject portion of the Vincent
Massey neighbourhood was appropriate
3. An increase to the population allocation for the Vincent Massey
neighbourhood was required to accommodate the increased unit
allocations and to correct an undercount in projected population
within the original approved Clarington Official Plan
Actual Amendment: The Clarington Official Plan is amended as follows:
1. By amending Map A-3 Land Use Bowmanville Urban Area by
deleting a public elementary school symbol, as shown on the
attached Exhibit "A"
2. By amending Table 9-2 "Housing Targets by Neighbourhood" as
it applies to Bowmanville Neighbourhood "N5 Vincent Massey" to
reflect the following:
(i) Low Density Units from 1 025 to 1125
(ii) Medium Density Units from 200 to 250
(iii) Total Units from 1400 to 1550
(iv) Revising the totals for Bowmanville accordingly
3. By amending Map H2 "Neighbouhood Planning Units -
Bowmanville Urban Area" by changing the population of the
Vincent Massey Neighbourhood (5) from "3600" to "4350" as
shown on the attached Exhibit "B"
818
Implementation:
Interpretation:
The provisions set forth in the Clarington Official Plan regarding the
implementation of the Plan shall apply to this Amendment.
The provisions set forth in the Clarington Official Plan regarding the
interpretation of the Plan shall apply to this Amendment.
819
EXHIBIT 'B' TO OFFICIAL PLAN AMENDMENT No.
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
-=--
I
I
I
I
~
o 200 400 eoo eoo m
200 m
I CONCESSION
f
,.-----
- - - UR6toN BOUNDARY
NElGHBOURHOOD BOUNDARY
(1000) POPULATION
02072A-BOWMANVILLE-OP-AMENDMENT-B-NOV17 -Oe.PSD
ONlARIO MAP H2
NEIGHBOURHOOD PLANNING UNITS
BOWMANVILLE URBAN AREA
OFFICIAL PlAN
MUNlClPALflY OF ClARlNGTON
JANUARY 2. 2007
REFER TO SECTIONS 5 AND 9
IlltS CONSOl.IlfJ1ON IS PROWlED FOR CONVENIENCE Olt.VI
. AND AD'RESElfTS REOUESlBl IIOllFlCAllOHS AND oII'PROWol.S.
820
EXHIBIT 'A' TO OFFICIAL PLAN AMENDMENT No.
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
tv
J
LAKE ONTARIO
~ ~~~RESICENTIAl
URRAN RESI~NTIAL
PRESTIGE
EMPLOYMENT AREA
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l1li UTILITY
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a ;~~ARY SCHOOL
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11 ~~;~~;RY SCHOOL
o ~~ri:J~ ARY SCHOOL
SECONDARY
- - - PLANNING AREA
- - - URBAN BOUNDARY
MAP A3
LAND USE
BOWMANVILLE URBAN AREA
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
JANUARY 2, 2007
1'flS COl....Cl.tOollTlON 15 PRCJI(If)f.O FOR CONYfi.MlENCF. ON..V
A,'<<l AEPRUENTS REOUfSlf.D IoIOOtflCATIOPtS AHD Al'PI'IOVAL
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DISTRICT PARK
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PARK
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GO srATION
02072A-BOWMANVILLE-OP-AMENDMENT-NOV17-08.PSD
821
Cl!ILpn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 1, 2008
Report #: PSD-125 -08
File #: S-C- 2004-004 & ZBA 2004-049 By-law #:
Subject:
PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT
TO PERMIT 426 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS
BUSINESS PARK LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-125-08 be received;
2. THAT the application for proposed Plan of Subdivision S-C-2004-004 and Zoning By-
law Amendment ZBA 2004-049 submitted by West Diamond Properties Inc. and Players
Business Park Ltd continue to be processed including consideration of comments
received at the public meeting; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davi J. rome, CIP, RPP
Director of Planning Services
Reviewed by: Q~-":'~
Fran lin Wu,
Chief Administrative Officer
CS/CP/sh/df
November 25, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
822
REPORT NO.: PSD-125-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: West Diamond Properties Inc. and Players Business Park Ltd. (Metrus
Properties Limited and The Kaitlin Group).
1.2 Agent: Peter Smith, Bousfield Inc.
1.3 Plan of Subdivision:
426 residential unit plan of subdivision consisting of 153 single detached
dwellings; 166 semi/link dwellings, 107 townhouse units, a parkette and
a Future Development Block.
1.4 Zoning By-law Amendment:
Change the current zoning on the lands from "Agricultural (A)" and
"Agricultural Special Exception (A-74)" Zones to an appropriate zone to
permit the proposed development.
1.5 Site Area: 32.903 hectares (81.30 acres).
2.0 LOCATION
2.1 The lands subject to these applications are located on the west side of Green Road
approximately 300 metres north of Durham Hwy 2, being Part Lot 17, Concession 2 in
the former Township of Darlington (see Attachment 1).
3.0 BACKGROUND
3.1 In 2003, the applicants submitted a proposed draft plan of subdivision and application
for rezoning. The applications were deemed premature as a Sub-Watershed Study had
not been completed as required by the Official Plan. The applications were returned to
the applicants. In early 2004, the applications were resubmitted but lacked the
appropriate application fees. In October 2004, the applications were again resubmitted
with the correct fees and the applications were deemed complete under the
requirements of the Planning Act at that time.
3.2 On December 6, 2004 the Statutory Public Meeting was held. Staff recommended that
the applications be referred back to staff for further processing and the preparation of a
Secondary Plan for the Brookhill Neighbourhood. Later that month, the applicants
appealed the applications to the Ontario Municipal Board on the basis that the
Municipality failed to make a decision within 90 days from submission of the original
application in 2003. However, due to procedural issues the appeal was not heard by the
Ontario Municipal Board.
3.3 The Brookhill Subwatershed Study commenced in fall of 2002. The funding for the study
came from major landowners in the neighbourhood including the applicant. The purpose
of the study was to develop a plan to manage the resources of the subwatershed and
provide for a framework for municipal planning decision. The final report was received
823
REPORT NO.: PSD-125-08
PAGE 3
in November 2005. The study recommended various changes to the Official Plan which
were adopted in March 2008 through Amendment No. 60 to the Clarington Official Plan.
3.4 During the preparation of the Brookhill Secondary Plan, the applicants participated in
the design charrettes and public consultation process. Staff met with the applicant on
several occasions to discuss the various concepts for the proposed draft plan of
subdivision.
3.5 A revised subdivision design was forwarded to the Municipality on July 10, 2008. On
August 11, 2008 the Municipality received an appeal to the Ontario Municipal Board on
both the subdivision and rezoning applications. This was detailed to Committee on
September 8, 200S, in report PSD-092-08, an information report regarding the appeals
of the proposed Draft Plan of Subdivision and application for zoning by-law amendment,
submitted West Diamond Properties Inc. and Players Business Park Ltd. The appeals
were launched under Sections 51 (34) and 34(11) of the Planning Act, for failure of
Council to make a decision in respect of these development applications. A prehearing
conference has been set for December 10, 200S.
3.6 Despite the appeals, Staff continue to meet and work through the various issues with
the applicants and their agents for these applications. On October 10th, 2008 Staff
received a revised Draft Plan of Subdivision and rezoning. Sufficient pre-requisite
studies to review the applications were received on October 31, 2008. Additional
information will be required prior to draft approval. The Public Notice and this report are
based on a submission which is different than that which has been appealed to the
OMB (Attachment 2 and 3).
3.7 Supportina Documentation
3.7.1 The applicants have provided the following documents in support of the draft Plan of
Subdivision. These documents are currently under review by the appropriate
departments and agencies.
. Phase 1 and 2 - Environmental Site Assessment, dated August 2004;
. Woody Vegetation Assessment and Tree Preservation Report, September, 2008;
. Archaeological Assessment, dated May 2007 and revised September 2008;
. Noise Impact Study, dated September, 2008;
. Functional Servicing Study, dated October 2008;
. Traffic Impact Study, dated October 2008; and
. Parking Plan
3.7.2 The applicants have been advised that these following studies/reports must be
completed to the Municipality's satisfaction prior to Staff recommending draft approval
of the Plan of Subdivision:
. Stormwater Management Implementation Plan;
. Preliminary Grading Plan;
. Internal Traffic Study;
. Phasing Plan;
824
REPORT NO.: PSD-125-08
PAGE 4
. Energy Conservation and Sustainability Plan;
. Landscaping Plan;
. Community Theme and Urban Design Implementation Plan; and
. Architectural Design Guidelines.
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject lands are currently being used for agricultural crops. The site is relatively
flat, gently sloping to the south. The west branch of the Brookhill Tributary crosses the
lands. A hardwood forest is located to the west and north of the limits of the draft plan
and also present on additional lands owned by the applicants. A portion of the Maple
Grove Provincially Significant Wetland abuts the north limit of the lands subject to this
application.
4.2 Surroundina Uses
North -
South -
East -
forested area and the Maple Grove Provincially Significant Wetland;
vacant - applications under consideration for commercial
development;
agricultural fields, two rural residential dwellings and' Clarington Central
Secondary School; and
Lands associated with Rekker's Garden Centre, and the rear and side
yards of rural residential properties.
West -
5.0 PROVINCIAL POLICY STATEMENT
5.1 Provincial Policy Statement
5.1.1 The applications were reviewed in the context of the 2005 Provincial Policy Statement.
New development shall occur adjacent to built up areas and shall have compact form, a
mix of uses and densities that allow for the efficient use of land, infrastructure and public
services.
Planning authorities are required to provide for a range of housing types and densities
with a ten year supply of lands which are designated and a three year supply of zoned
and serviced lands within draft approved and registered plans. New housing is to be
directed to locations where infrastructure and public services are or will be available. A
full range of housing types and densities shall be provided to meet projected
requirements of current and future residents of the regional market area.
Healthy active communities should be promoted by planning public streets and spaces
that are safe and facilitate pedestrian and non-;motorized movement. A full range of
publicly accessible built and natural settings for recreation including facilities, parks,
open space and trails should also be considered.
825
REPORT NO.: PSD-125-08
PAGE 5
Infrastructure and public services facilities shall be provided in a coordinated efficient
and cost effective manner. Planning for these shall be integrated with planning for
growth so that they are available to meet current and projected needs. The use of
existing infrastructure and public service facilities should be optimized where feasible
before considering developing new infrastructure and public service facilities.
Planning authorities shall support energy efficiency and improved air quality through
various means in the planning and development process.
Long-term prosperity, environmental health and social well-being depend on protecting
natural heritage, water, agricultural, mineral and cultural heritage and archeological
resources for their economic, environmental and social benefit. Development and site
alteration shall not be permitted on adjacent lands to the natural heritage features and
areas unless the ecological function of the adjacent lands has been evaluated and it has
been demonstrated that there are no negative impacts on the natural features on their
ecological functions.
5.2. Provincial Growth Plan
5.2.1 The Provincial Growth Plan for The Greater Golden Horseshoe ("Growth Plan")
encourages municipalities to manage growth by directing population growth to
settlement areas. Growth is to be accommodated by building compact, transit-
supportive communities in designated greenfield areas and by reducing dependence on
the automobile through the development of mixed use, pedestrian-friendly
environments. Growth shall also be directed to areas that offer municipal water and
wastewater systems. Municipalities should establish an urban open space system within
built up areas which may include communal courtyards and public parks.
5.2.2 The Growth Plan requires that infrastructure planning, land use planning and
infrastructure investment will be co-ordinated to support growth. Infrastructure includes
transit, transportation corridors, water and wastewater systems, waste management
and community infrastructure. Community infrastructure include land, buildings
structures for health, education, recreation, socio-cultural activities, safety and security
and affordable housing.
Planning for growth will take into account the availability and location of existing and
planned community infrastructure so that community infrastructure can be provided
efficiently and effectively.
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Reaion Official Plan
6.1.1 The subject lands are designated as "Living Area" within the Durham Regional Official
Plan. Lands within this designation shall be used predominantly for housing purposes
incorporating the widest possible variety of housing types, sizes and tenure to provide
living accommodations that address various socio-economic factors. A mix of uses such
as certain home occupations, convenience stores, public and recreational uses which
826
REPORT NO.: PSD-125-08
PAGE 6
are compatible with their surroundings are permitted. Limited office development and
retailing of goods and services in appropriate locations and as a component of mixed
use development may also be permitted in Living Areas provided there are appropriate
provisions and designations in the area municipal Official Plan.
6.1.2 In consideration of development applications in designated Living Areas, regard shall be
had for the intent of this plan to achieve the following:
· A compact urban form;
· The use of good urban design principles;
· The provision of convenient pedestrian access to public transit,
educational facilities and parks;
· A grid pattern of roads;
· The provision and distribution of parks, trails and pathways and
educational facilities;
· The types and capacities of the existing municipal services, infrastructure
and the feasibility of expansion; and
· The balance between energy efficiency and cost.
6.2 ClarinQton Official Plan
6.2.1 Amendment No. 60 to the Clarington Official Plan was adopted by Council in March
2008 and approved by the Region of Durham on August 5, 2008. However, an appeal
to this amendment has been received. The subdivision and rezoning application cannot
be considered until the appeal is resolved.
6.2.2 Community Structure
The draft Plan of Subdivision is consistent with the Land Use Principles and Community
Structure contained in the Secondary Plan. The neighbourhood is edged by the primary
road network being Brookhill Boulevard and Green Road. In the centre, a park is
surrounded by medium density development, being the Neighbourhood Commons
Area. The housing is focused around the parkette with access by rear lanes.
Additional medium density units front onto future Brookhill Boulevard. This is also
consistent with the Secondary Plan.
6.2.3 Land Use Policies
Within the Secondary Plan the subject lands are designated as 'Low Density
Residential', 'Medium Density Residential', 'Neighbourhood Commons Area' and 'Park'.
Low Density Residential housing shall be in the form of single and semi-detached units.
Coach houses are permitted in restricted areas. Low density development shall be
developed on the basis of 30 units per net hectare, consistent with the Official Plan
policies.
827
REPORT NO.: PSD-125-08
PAGE 7
Within the Neighbourhood Commons Area, street, block or stacked townhouses and
multiple unit buildings are permitted. Medium density shall be consistent with Official
Plan policies between 31 to 60 unit per net hectare. .
Neighbourhood Parks form the central focus of each identified Neighbourhood
Commons Areas. The park shall perform an array of functions within the community and
shall range in size and design depending on their planned role and function. The park
shall be a minimum of 0.75 hectares and shall be surrounded by at least two sides and
preferrably three or four sides by public roads. The Neighbourhood Parks are to be
accepted as part of parkland dedication required under the Planning Act.
6.2.4 Environmental Features
A hardwood forest and the Maple Grove Provincially Significant Wetland are adjacent to
the Future Development block and therefore an Environmental Impact Study will be
required prior to consideration of any development in this block.
The Subwatershed Study recommended that the sub-tributary bisecting this plan of
subdivision could be enclosed in the storm sewer system. OPA 60 redesignated the sub-
tributary from Environmental Protection to Residential.
7.0 ZONING BY-LAW
7.1 The' lands are zoned Agricultural (A). A Zoning By-law Amendment will be required in
order to implement the proposed plan of subdivision.
8. 0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting sign was installed on Green Road.
8.2 As of the date of writing this report, Staff have not received any inquiries.
9.0 AGENCY COMMENTS
9.1 A number of agencies have been circulated the proposed plan of subdivision and
rezoning application. To date comments have not been received from the majority of the
circulated agencies including the following departments and agencies:
. Region of Durham Planning Department;
. Region of Durham Works Department;
. Durham Transit;
. Central Lake Ontario Conservation;
. Conseil scolaire de district catholique Centre Sud;
828
REPORT NO.: PSD-125-08
PAGE 8
. Conseil scolaire de District du Centre-Sud Quest;
. Bell Canada;
. Enbridge Gas;
. Canada Post;
. Hydro One Networks Inc.; and
. Clarington Operations.
9.2 The Clarington Engineering Department continue to review application however have
indicated that prior to final approval of the subject subdivision the applicant will be required
to satisfy the Engineering Services Department regarding the following concerns and
conditions:
. Functional Servicing Report;
. Traffic Impact Study;
. Noise Impact Study;
. Woody Vegetation Assessment and Tree Preservation Report; and
. Parking Plan
Prior to making a recommendation regarding the proposed Draft Plan of Subdivision,
the Engineering Services Department must complete a comprehensive review of these
reports. As well, prior to approval, staff will require a preliminary lot grading plan for this
proposed subdivision which demonstrates that minor and major flows can be
appropriately and effectively conveyed through the storm sewer system and overland to
the stormwater management facility.
Staff are also reviewing other engineering aspect of this complex plan including, but not
limited to:
. Urban infrastructure upgrades required to support this development and how
those upgrades will be implemented within the Department's capital works
program;
. Sidewalk connections;
· Water, sanitary and storm servicing to the development;
. Street illumination;
· Parkland requirements;
· Conveyance of the West Brookhill Tributary through the site to the East
Tributary; and
· Future development block to the north and how this block, including the future
Longworth Avenue extension, will tie into this phase of the neighbourhood.
9.3 The Clarington Emergency and Fire Services have offered no objection at this time,
provided that the rear laneway concept complied with all previous concerns regarding
width, on street parking, snow storage, turning radii and hydrant locations.
9.4 The Kawartha Pine Ridge District School Board has advised that approximately 114
elementary school pupils and 49 secondary school students will be generated by the
829
REPORT NO.: PSD-125-08
PAGE 9
proposed draft plan. However, the anticipated pupil yield from this draft plan, the Future
Development Block and the medium/high density development to the south will depend on
the final unit count for these areas. The School Board will accept the absence of a public
elementary site in this Draft Plan, provided the nearby public elementary school site
designated in the Brookhill Secondary Plan, be made available in the first phase of this
development.
9.5 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board has reviewed the applications and have advised that the proposed development
will be located within walking distances from St. Elizabeth Elementary School on
Longworth Avenue, St. Stephen's Secondary on Scugog Road and Holy Family
Elementary School on Aspen Springs Road. Access for pedestrian walkers should be
taken into consideration from this residential area to the schools named above. In
addition, crosswalks at major streets should be implemented to ensure safe access
when crossing.
1 0.0 STAFF COMMENTS
10.1 West Diamond and Players Business Park own a large. portion lands in the Brookhill
Secondary Planning Area. The limits of the draft plan consist of 32.90 hectares.
Development is proposed on 21.80 hectares. A 'Future Development' and 'Additional
Lands Owned' by the applicants are located adjacent to the Maple Grove Provincially
Significant Wetland and other natural heritage features, triggering the need for
Environmental Impact Study (EIS). Development of these lands cannot proceed until
the EIS is completed to the satisfaction of the Municipality and a new draft plan of
subdivision for the area is submitted.
10.2 The draft plan of subdivision also identifies a separate area to the south also referred to
as "Additional Lands Owned". These lands have been removed from the original 2003
submission. They are approximately 3.2 hectares in size and are located south of
Brookhill Boulevard, north of the commercial development site in the Bowmanville West
Town Centre Secondary Plan. They are designated as Low Rise High Density
Residential. This designation provides for a transition from commercial development to
lower density housing forms in the Brookhill Secondary Plan. Staff have concerns
about the removal of this block since it is totally dependent on infrastructure related to
the draft plan of subdivision.
10.3 The draft plan provides for a Neighbourhood Commons consisting of a small centralized
park surrounded with low and medium density housing forms consistent with the
Brookhill Secondary Plan. The draft plan provides for a mix of lots sizes to permit
various housing forms. Single detached, semi/link units and townhouses are inter-
dispersed throughout the draft plan contributing to diversity and opportunity for an
interesting in streetscape.
830
REPORT NO.: PSD-125-08
PAGE 10
The frontage of the units are in some cases narrower than conventional units seen in
existing neighbourhoods in Bowmanville. "Cap End" townhouse and link units are
introduced which places the garage of the end unit on the side street limiting the
number of driveways on the heavier traveled streets. The townhouse units would have
6 driveways on one street for the 8 townhouse units. The amenity area for the Cap
End Unit is a courtyard facing the side street rather than a conventional rear yard
amenity area (Attachments 3 and 4). Staff conducted a site inspection of similar homes
in Milton, Ontario. Photographs of the Cap End semi-detached units are shown on
Attachment NO.5. The housing forms and density are currently under review by Staff.
The number and the various lot sizes are provided below.
· Lane-based Sin Ie Detached
. Sin Ie detached
. Sin Ie detached
Total Sin les
· Lane based Semi/link Units
. Semi/link Units
. Ca End Semi/link Units
Total Semi/link Units
· Lane-based townhouse Units
. Ca End Townhouse
Total Townhouse Units
Total Number of Units
:fl....~
7.5 metres
11.6 metres
12.8 metres
6.7 metres
9.8 metres
9.8 metres
34
56
63
153
94
34
38
166
51
56
107
426
36%
39%
6.1 metres
6.6 metres
25%
100%
10.4 The following identifies some of the more significant issues that require further
discussion with the applicants. This is not intended to be a comprehensive list of
issues:
· The stormwater management pond is located on the east side of Green Road.
The applicants will be required to enter into an agreement with the Municipality to
ensure that the lands for this facility are provided for before draft approval.
· The draft plan shows a small park in the Neighbourhood Commons Area
consistent with the Secondary Plan. This park is 0.827 hectares in size and less
than the 5% required under the Planning Act. The neighbourhood park for this
area is located outside of the area of this draft plan of subdivision on the east
side of Green Road. Discussions regarding the need to secure the park land on
east of Green Road, the timing of its development and a cost-sharing
arrangement for all of the developers have been raised, however further
discussion is required.
· The limits of the draft plan do not provide for a connection to Boswell Avenue as
constructed within the Bowmanville West Town Centre. Furthermore, a high
density block south of the future Brookhill Neighbourhood is not incorporated into
831
REPORT NO.: PSD-125-08
PAGE 11
the plan of subdivision. It is reliant on the road infrastructure for access and
servicing.
· The development of the small park is beyond the current budget and 4 year
forecast for park development and as such would need to be constructed entirely
by the subdivision developer.
· Financial arrangements regarding servicing infrastructure including but not
limited to; park development, roads, sidewalks and illumination.
· A Public Elementary School is designated on the lands to the east, on Clarington
Boulevard. The applicants will be required to enter into discussion with the Public
School Board and the Municipality to secure the school site, in keeping with the
School Board's comments.
10.5 Since many of the key public facilities noted above, the stormwater pond, the
neighbourhood park, the public elementary school and key road connections are
located off-site, it is critical that appropriate servicing arrangements are made
satisfactory to the Municipality to ensure that these facilities can be provided in a timely
manner as required.
11.0 CONCLUSIONS
11.1 The purpose of this report is to satisfy the requirements under the Planning Act for
Public Meetings and taking into consideration the outstanding agency comments, staff
respectfully request that this report be referred back to staff for further processing and
the preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Draft Plan of Subdivision July 2008
Attachment 3 - Draft Plan of Subdivision October 2008
Attachment 4 - Housing Forms - Singles and Semi-Detached Units
Attachment 5 - Housing Forms - Cap-End Semi/Link Units
Interested Parties to be advised of Council's decision:
West Diamond Properties Inc. and Players
Business Park Ltd.
Peter Smith
Lillian and John Bouma
Michael Durocher
Mark Koenig
Roz Howser
Robert Howe
832
Attachment 1
To Report PSD-125-08
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July 2008
Submission
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N.T.S.
AREA TABLE
s
Semi & Semi I Unk
lane TownhouHS
End Townhouses
LOIS 1-387
8.2&4 hat
---rii2
1264
2.289
1.541
0.036
0.001
0.021
0,""
9.601
30.840 .....
Illocks388.3lI6
Bloc"'~7.<<l8
IlIock410
1lloc1l4,1
IlIock412
Block41J
!IIock4,.
ROADS
30m R.O,W
26m A.O.W.
20m R.O.W.
18m A.Q.W.
8.5m Lane
TOTAL
0.208
388 m 1.010
1.0432 m 2.909
2.523 m 4.707
111tm a.lin
U21 1ft '.601 h.
..
2S
97
50
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812 unita
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LEGEND
.1 _. _.1 Boundery of SUbdMIion
- - - ~ l8nd awn.d
NOTES
All difMMionIara in ,.....
AII...~.. corrcuer..........
AlA ~"'ta GIOdeIc o.tum.
"'-~""_.
ADDfTlONAI. INFORMATION REQUIRED UNDER
SECTION 51 (17) OF THE PlANNING /lCf
c. AddItIorW a.nd owned by" ~ Of In wh6ctI !he
has WI inWMI in IN vldnIy.. _1hcMn on.. '-Y pIIln.
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K. SWtIt.-y & ft'ml MMl'S 10 be provtded.
SURVEYOR'S CEIlTIFICATE
'_corII\'_..._oI...........
IUbdMded _Ihawn on........ WkI.....~ to
..._...........-ond __.
..... ~^ P- 12, ~'- L~d
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OWNEIl'S AIJTHORlZATION
..... WEST DIAMOND PROPERTIES INC.
PlAYERS BUSINESS PARK LTD,
=~S'F'n'l.g;-::t"'..-;:'" -
end eubm6le cbft pa., oI-..bdM16on for~.
SEE 0IlIGItW. SUIMISSION
..
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20 0 25 SOm
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PI?<
REVISED DRAFT PIAN OF
PROPOSED SUBDMSlON
PART OF lOT 17. CONCESSION 2
(GEOGRAPHIC TOWNSHIP
OF llARUNGTON)
NON IN THE MUNlCPAUlY
OF ClAIlINGION
REGIONAl MlJNICIPAUlY
OF DURHAM
~
BOUSFIELDs 'Ne.
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Submission
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-
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8lock271
Block 272
6IDck273
Block 214
6Iock275
6.C164 hat;
--.r.&i2
1.053
1.287
0.021
0,007
0.021
0.407
8.747
2.3llO
7188
32.llO3 ha.
(ROADS
26rnA.Q,W.
20m A.O.W.
18m A.Q,W.
8.5m Lane
TOTAL
386.
1.588m
1.316m
"..
4,127M
1.010
3.210
2....
0.700
7AB8ha
UNITS
6. 1m Lane Townhouse
7.5m ~ SIrQe
8.6m CAp End TO'M'lhOu..
S.8m Cap End Semi I Unk
9.8m Semi I Unk
l'.6mSlngle
12.8m SirQe
6.7m Lane Semi
TOTAL
51
31
..
38
31
..
63
..
_ un"
LEGEND
_._._lIoI.nSeryofSubdi'll8ion
----- AddItIonlIIlMdOwnMl
NOTES
All dimenlionl .. in 1Mtrw.
AII__~..COft'1lUIIIr~.
AI MYMionI ...... to GeocMIk: o.tum.
..--.g.....-.
ADDITIONAl. INFORMATION REQUIRED UNDER
SECTION 51 (17) Of THE PlANNING ACT
c. AdcItIoMI.... owned by .. 8PPIIcInI or In wtich ....
ha M Ina.r.t in .... Y6cInItV .. Ihown on" key ...
O. ReI.~. SemI-detKhed. OSTH, LaM T~,
"""'-__.__.F....._
AddIIIoMIIenda owned . Roeda.
H. PIped WIIW to be prtMded.
I. QayIollmIOil.
K. SWIItIry, Ibm ......10 be ~.
SUIl\IEYOR'S CERTIfICATE
,-corlIIy-..._",..._....
IUbdMded _1hoM1 on'" _, ..:I ..... NIlIIIonIhIp to
...-------.
SEE 0IlIGlNAl. Sl-.oN
...
OWNER'S AUTHORtZATION
_. WEST DIAMOND PROPEIl11ES INC.
PlAYERS BUSINESS PARK LID.
-"'-"!'!!!11)"''''_-_
.."..,.. BOUSFIELD. 1Ne. "_
end IUbmIt. drd", d-.lbclMl6on for~.
SEE 0IlIGlNAl. SI-..oN
..
~2~
S-C-2004-004
REVISED DIlAFT PIAN OF
PROPOSED SUllDMSlON
PART OF LOT 17. CONCESSION 2
(GEOGIlAPHtC TOWNSHIP
OF DA/lUNGTON)
NCNIIN !HE MUNICFAUlY
Of ClARtNGTON
REGIONAl. MUNlCIPAUlY
Of lllIIlW.M
~ BOUSFIELD. 'Ne.
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bl::tnlb. 0bI0 M!f 1M2
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Attachment No 5
To Report PSD-125-08
Semi-detached beside single detached unit. Contributes to diversity on the streetscape.
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Cap End semi/link unit. Courtyard on side yard provides the amenity area for this unit type.
838
Q!!!:.pn
REPORT
PLANNING SERVICES
Meeti n9:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, December 1, 2008
Report #: PSD-127-08
File No's: A2008-0033
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF NOVEMBER 13, 2008
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-127-08 be received; and,
2. THAT Council does not concur with the decision of the Committee of Adjustment made
on November 13, 2008 for application A2008-0033 and authorizes staff to appeal the
decision to the Ontario Municipal Board.
Submitted by:
Davi . Crome, MCIP, RPP
Director of Planning Services
I/'\~' ~
Reviewed by: U -
Franklin Wu,
Chief Administrative Officer
November 20,2008
MK/CP/sh/av
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
839
REPORT NO.: PSD-127-08
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 1. The decisions of the Committee are summarized below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
NOVEMBER 13, 2008
A Iication Number
A2008-0033
Staff Recommendation
Approve in part with
conditions and Deny in
art
Decision of Committee
Approved in part with
conditions and Denied in
art
1.2 Following a complaint made by a resident regarding a shed being too close to the
property line, application A2008-0033 was filed to permit the construction of multiple
accessory buildings and structures (all existing) on the subject property. During a site
inspection by Staff, it was discovered that in addition to the shed being too close to the
property line, there were multiple other Zoning By-law infractions. The purpose of the
application was as follows (see Attachment 1):
. To permit an accessory building (existing shed #1) by decreasing the northerly
interior side yard setback and the rear yard setback from 1.2 m to 0.13 m and
0.08 m respectively; and
. To permit an accessory building (existing shed #2) by decreasing the rear yard
setback, southerly interior side yard setback, setback to the pool deck and
setback to the pool from 1.2 m to 0.3 m, 0.3 m, 0.3 m, and 0.6 m respectively;
and
. To permit an accessory structure (existing pool deck) by decreasing the southerly
interior side yard setback from 1.2 m to 0 m; and
. To permit an accessory structure (existing above-ground pool) by decreasing the
southerly interior side yard setback from 1.2 m to 1.1 m; and
. To permit an accessory structure (existing gazebo) by decreasing the northerly
interior side yard setback from 1.2 m to 0.8 m; and
. To permit an accessory structure (existing fireplace) by decreasing the northerly
interior side yard setback and setback to the gazebo from 1.2 m to 0 m and 0.55
m respectively.
Planning Services Staff recommended approval of the reduced northerly interior side
yard setback for the gazebo, approval of the reduced southerly interior side yard
setback for the pool and approval of the reduced setback to the pool for the shed #2.
Staff recommended denial of the remainder of the application as the proposed setbacks
did not provide sufficient space between structures for proper maintenance and
drainage on the property.
840
REPORT NO.: PSD-127-08
PAGE 3
The Committee concurred with Planning Services Staffs recommendation to approve a
reduced northerly interior side yard setback for the gazebo, to approve a reduced
southerly interior side yard setback for the pool and to deny a reduced northerly interior
side yard setback and setback to the gazebo for the fireplace. However, the Committee
considered Staffs opinion and decided to approve the remainder of the application as
follows:
. To approve a reduction in northerly interior side yard setback and rear yard
setback from 1.2 m to 0.6 m to the wall of the shed #1 and from 1.2 m to 0.3 m to
the eaves of shed #1 ;
. To approve a reduction in rear yard setback, southerly interior side yard setback,
setback to the pool deck (deck #2) and setback to the pool from 1.2 m to 0.3 m in
each case, for shed #2;
. To approve a reduction in southerly interior side yard setback from 1.2 m to 0.6
m for the pool deck #2.
A reduced interior side yard and rear yard setback of 0.3 m for shed #2 does provide
enough space between structures (fence and shed #2) for proper maintenance of those
structures. It does not meet the intent of the Zoning By-law, is not minor in nature and
is detrimental to the neighbourhood.
2.0 COMMENTS
2.1 Council's concurrence is required with staffs opinion that an appeal by the Municipality
on the decision made by the Committee of Adjustment on November 13, 2008 for
application A2008-0033 is warranted; and Council's authorization is required in order to
afford staff official status before the Ontario Municipal Board to defend its original
recommendation.
Attachments:
Attachment 1 - Sketch of property for A2008-0033
Attachment 2 - Periodic Report for the Committee of Adjustment
841
(
Attachment 1
To Report PSD-127-08
EXISTING STRUCTURES AND LAYOUT OF
REAR YARD
11 CHERRY BLOSSOM CRESCENT
FIREPLACE
DECK #1
POOL
DECK #2
SHED #1
SHED
#2
*NOT TO SCALE
.
N
842
Cl~n
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
Attachment 2
To Report PSD-127-08
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
LINDA-MARIE PERKINS
LINDA-MARIE PERKINS
11 CHERRY BLOSSOM CRESCENT, COURTICE
PART LOT 34, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2008-0033
PURPOSE:
. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BLDG (SHED #1) BY DECREASING THE
NORTHERLY INTERIOR SIDE YARD SETBACK AND THE REAR YARD SETBACK FROM 1.2 M TO 0.13 M
AND 0.08 M RESPECTIVELY; AND
. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BLDG (SHED #2) BY DECREASING THE REAR
YARD SETBACK, SOUTHERLY INTERIOR SIDE YARD SETBACK, SETBACK TO THE POOL DECK AND
SETBACK TO THE POOL FROM 1.2 M TO 0.3 M, 0.3 M, 0.3 M AND 0.6 M RESPECTIVELY; AND
. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (POOL DECK) BY DECREASING
THE SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0 M; AND
. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (POOL) BY DECREASING THE
SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 1.1 M; AND
. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (GAZEBO) BY DECREASING THE
NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.8 M; AND
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (FIREPLACE) BY DECREASING THE
NORTHERLY INTERIOR SIDE YARD SETBACK AND SETBACK TO THE GAZEBO FROM 1.2 M TO 0 M AND 0.55 M
RESPECTIVELY.
DECISION OF COMMITTEE:
. TO APPROVE A REDUCTION IN NORTHERLY INTERIOR SIDE YARD SETBACK AND REAR YARD SETBACK
FROM 1.2 METRES TO 0.6 METRES AND 0.6 METRES TO THE WALL OF SHED #1 RESPECTIVELY AND
FROM 1.2 METRES TO 0.3 METRES AND 0.3 METRES TO THE EAVES OF SHED #1 RESPECTIVELY;
. TO APPROVE A REDUCTION IN REAR YARD SETBACK, SOUTHERLY INTERIOR SIDE YARD SETBACK,
SETBACK TO THE POOL DECK (DECK #2) AND SETBACK TO THE POOL FROM 1.2 METRES TO 0.3
METRES, 0.3 METRES, 0.3 METRES AND 0.3 METRES RESPECTIVELY FOR SHED #2;
. TO APPROVE A REDUCTION IN SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.6
METRES FOR THE POOL DECK #2;
. TO APPROVE A REDUCTION IN SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 1.1
METRES FOR THE POOL;
. TO APPROVE A REDUCTION IN NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.8
METRES FOR THE GAZEBO;
SUBJECT TO THE FOLLOWING CONDITIONS:
. THAT THE APPLICANT REMOVE THE FIREPLACE FROM THE PROPERTY FORTHWITH; AND
. THAT A POOL ENCLOSURE PERMIT BE ISSUED BY THE BUILDING DEPARTMENT FOR THE
SUBJECT PROPERTY WITHIN 60 DAYS
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE
AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
. TO DENY A REDUCTION IN NORTHERLY INTERIOR SIDE YARD SETBACK AND SETBACK TO THE
GAZEBO FROM 1.2 METRES TO 0 METRES AND 0.55 METRES RESPECTIVELY FOR THE FIREPLACE
AS IT DOES NOT MEET THE INTENT OF THE ZONING BY-LAW IS NOT CONSIDERED MINOR IN NATURE AND IS
DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION:
LAST DAY OF APPEAL:
November 13, 2008
December 3, 2008
843
q!J!.mgton
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, December 1, 2008
Report #: PSD-128-08
File #: A2008-0023
By-law #:
Subject:
MINUTES OF SETTLEMENT FOR APPEAL OF
MINOR VARIANCE FOR PAUL AND SHARON JEFFERSON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-128-08 be received;
2. THAT Council approve the minutes of settlement between Paul and Sharon
Jefferson and the Municipality of Clarington contained in Attachment 2, and adopt
a By-law (Attachment 3) authorizing the Mayor and Clerk to execute them for the
Municipality;
3. THAT the By-law authorizing the Mayor and Clerk to execute the Minutes of
Settlement contained in Attachment 3 be APPROVED; and
4. THAT the Municipality's Solicitor and staff be authorized to present the minutes of
settlement to the Ontario Municipal Board to request that the Board approve the
amendments to the decision of the Committee of Adjustment.
Submitted by: ~
David J. Crome, MCIP,RPP
. Director, Planning Services
Reviewed bye) ~ ~ 0.:.1v
Franklin Wu
Chief Administrative Officer
MKlCP/sh/df
November 21,2008
REPORT NO.: PSD-128-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant:
Paul and Sharon Jefferson
1.2 Location:
Part Lot 34, Concession 2, Former Township of Darlington
73 Cherry Blossom Crescent, Courtice
2.0 BACKGROUND
2.1 Following a complaint made by a neighbour, application A2008-0023 was
submitted by Paul and Sharon Jefferson to permit an accessory building (existing
garden shed) by reducing the minimum required southerly interior side yard
setback and rear yard setback from 1.2 metres to 0.15 metres in both situations;
and to permit a structure (existing lean-to) by reducing the minimum required
southerly interior side yard setback from 1.2 metres to 0 metres.
2.2 A public hearing took place on August 7, 2008, and the application was heard by
the Committee of Adjustment. Staffs final comments for the meeting
recommended that a variance to reduce the minimum required southerly interior
side yard setback and rear yard setback from 1.2 metres to 0.15 metres
respectively, and to reduce the minimum required southerly interior side yard
setback from 1.2 metres to 0 metres, be denied as it was not minor in nature, did
not meet the intent of the Zoning By-law and was detrimental to the
neighbourhood. The Committee concurred with Staffs recommendations and
chose to deny the application.
2.3 Following the decision made by the Committee of Adjustment, an appeal was
lodged by the applicants, Paul and Sharon Jefferson. After receiving notification
of the appeal, the Municipality received a request from the Applicant to further
discuss the issue, in an attempt to reach a settlement. During that meeting a
settlement was reached in principle, pending Council's approval. The
recommended minutes of settlement are contained in Attachment 2.
2.4 Should Council concur with the negotiated settlement, authorization is required
for the Municipality's Solicitor and Planning Staff to present the settlement
described below to the Ontario Municipal Board for approval.
3.0 PROPOSED SETTLEMENT DETAILS
3.1 There are two existing accessory structures on the subject property, including a
garden shed located in the south-western corner of the lot and a lean-to used as
a hot tub enclosure found in the southerly interior side yard. Both structures do
not meet the requirements of the Zoning By-law 84-63 with regards to minimum
required setbacks. The owners applied for a variance to permit the structures to
845
REPORT NO.: PSD-128-08
PAGE 3
remain in their current locations. Staff were not supportive of the proposed
reduced setbacks as they did not provide enough space between structures for
proper maintenance and drainage on the subject property and neighbouring
properties.
3.2 During the settlement meeting, increased setbacks for the garden shed and the
lean-to were proposed. Both the owners and the Municipality agreed on a
southerly interior side yard setback and rear yard setback of 0.6 metres for each
yard to the wall of the existing garden shed, and 0.3 metres to the eaves of the
existing garden shed. A reduced southerly interior side yard setback of 0.6
metres to the wall of the lean-to and 0.3 metres to the eaves of the lean-to were
also agreed upon. Staff believe the proposed setbacks will provide sufficient
space between structures for proper maintenance and drainage on the subject
property and neighbouring properties.
3.3 In order for the lean-to to comply with the 0.6 metre southerly interior side yard
setback to the wall and the 0.3 metre southerly interior side yard setback to the
eaves, the lean-to must be modified as it currently has a 0 metre southerly
interior side yard setback. The owners have agreed to modify the existing lean-to
structure to meet the agreed upon setbacks of 0.6 metres to the wall and 0.3
metres to the eaves.
3.4 The conditions of settlement include the following stipulations:
. That eaves troughs are installed on the western and southern elevations
of the existing garden shed;
. That the existing lean-to is not enlarged in height nor in length; and
. That a building permit is issued within 60 days.
3.5 At present date, the property owners have not signed the minutes of settlement,
and will be required to do so prior to Council meeting (December 8, 2008).
4.0 CONCLUSION
4.1 Staff recommend that Council support the proposed settlement. Staff believe
that the proposed settlement provides an appropriate compromise of the various
competing interests identified in this report while protecting the Municipality's
interest in the appropriate development of the property in question.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Draft Minutes of Settlement
Attachment 3 - Draft By-law
846
REPORT NO.: PSD-128-08
PAGE 4
List of interested parties to be advised of Council's decision:
Paul and Sharon Jefferson
Ontario Municipal Board
Norm Power
Judy Graham-Coelho
Gord Wallace
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Attachment 2
To Report PSD-128-08
OMB File No.: PL081144
ONTARIO MUNICIPAL BOARD
The property owners have appealed to the Ontario Municipal Board under subsection
45(12) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from the decision of the
Committee of Adjustment to deny minor variance application A2008-0023 at 73 Cherry
Blossom Crescent to permit a garden shed (existing) by reducing the minimum required
southerly interior side yard setback and rear yard setback from 1.2 metres to 0.15
metres for each; and to permit a lean-to (existing) by reducing the minimum required
southerly interior side yard setback from 1.2 metres to 0 metres.
MINUTES OF SETTLEMENT
WHEREAS:
A. Paul Jefferson and Sharon Jefferson ("The Owners") are the owners of the
following parcel of land in the Municipality of Clarington's ("Clarington") former
township of Darlington:
· The Parcel comprises Lot 57 on registered plan 10M-766. The parcel is an
exterior lot, having frontage of approximately 17.5 metres on Cherry Blossom
Crescent.
· There are two existing accessory structures on the Parcel. These include an
accessory building being used as a garden shed ("existing shed") that is
approximately 10 square metres in area, having a southerly interior side yard
setback of 0.15 metres and a rear yard setback of 0.15 metres; and an
accessory structure being used as a hot tub" enclosure ("lean-to") that is
approximately 18.5 square metres having a southerly interior side yard
setback of 0 metres;
B. Following a complaint to the Municipality, the Owners applied to Clarington for
a variance to Clarington's Zoning By-law (By-law 84-63, as amended) on July
9,2008, to permit a garden shed (existing) by reducing the minimum required
southerly interior side yard setback and rear yard setback from 1.2 metres to
0.15 metres for each, and to permit a lean-to (existing) by reducing the
minimum required southerly interior side yard setback from 1.2 metres to 0
metres;
C. On August 7, 2008, The Committee of Adjustment considered the subject
application and denied the variance;
D. By Notice of Appeal dated August 26, 2008, addressed to Clarington, The
Owners appealed the decision of the Committee of Adjustment to deny a
variance to Clarington's Zoning By-law 84-63, as amended applicable to the
Parcel, to the Ontario Municipal Board ("Appeals");
E. The Ontario Municipal Board ("Board") has scheduled a date for the
commencement of a hearing respecting the Appeals, on December 15, 2008;
849
F. Clarington and The Owners wish to resolve their differences respecting the
Parcel in order to avoid contesting them at the hearing before the Board; and
G. Council of the Municipality of Clarington at its meeting of December 8, 2008,
has approved these minutes of settlement and authorized the execution of
these minutes by the Mayor and Clerk.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, The Owners and Clarington covenant and agree as follows:
1.0 Resolution of Appeals
1.1 The Owners and Clarington agree that the appropriate resolution by the Ontario
Municipal Board (OMB) of the Appeals would be for the OMB to approve the
amendments to the decision of the Committee of Adjustment contained in
Schedule 1 hereto.
1.2 The Owners and Clarington will tender these Minutes to the Board, will present
them in positive terms, and will actively co-operate to promote acceptance by the
Board of these Minutes, and the approval of the amendments to the decision of
the Committee of Adjustment.
1.3 The Owners and Clarington will not call any evidence and advance any argument
inconsistent with the letter and spirit of these Minutes or the amendments to the
decision of the Committee of Adjustment Amendments.
1.4 The Owners and Clarington will call such evidence and advance such arguments
as are required to support these Minutes and the amendments to the decision of
the Committee of Adjustment. They will also oppose any evidence and
arguments as may be presented by any other person at the hearing before the
Board which are inconsistent with the letter or the spirit of these Minutes or the
amendments to the decision of the Committee of Adjustment.
1.5 None of the Owners or Clarington will request the Board to make any order for
the payment of costs by any of the parties to the other party or parties.
2.0 Development of the Parcel
2.1 Subject to the Board's approval of the amendments to the decision of the
Committee of Adjustment, the parties hereto agree that the following
principles will govern the development of the Parcel:
. The existing lean-to shall not be enlarged in height nor in length;
· Eaves troughs shall be installed on the western and southern elevations of
the existing shed; and
. A building permit shall be issued within 60 days for the lean-to.
3.0 Successors
3.1 These Minutes of Settlement shall enure to the benefit of and be binding upon
the parties and their respective successors and assigns.
850
4.0 Time of Essence
4.1 Time shall be of the essence of the Minutes of Settlement.
DATED at the Municipality of Clarington this _ day of November, 2008
Per:
Paul Jefferson, Owner
Per:
Sharon Jefferson, Owner
DATED at the Municipality of Clarington this _ day of December, 2008
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Jim Abernethy, Mayor
Per:
Patti L. Barrie, Municipal Clerk
851
SCHEDULE 1
That a minor variance be granted to permit an accessory building (existing garden shed)
by reducing the minimum required interior side yard setback and rear yard setback from
1.2 m to 0.6 m to the wall of the accessory building (existing garden shed) and from 1.2
m to 0.3 m to the eaves of the accessory building (existing garden shed); and to permit
a structure (existing lean-to) by reducing the minimum required interior side yard
setback from 1.2 m to 0.6 m to the wall of the structure (existing lean-to) and from 1.2 m
to 0.3 m to the eave of the structure (existing lean-to), subject to the following
conditions:
. That eaves troughs are installed on the western and southern elevations of the
existing garden shed;
. That the existing lean-to is not enlarged in height nor in length; and
. That a building permit is issued within 60 days.
852
Attachment 3
To Report PSD-128-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to authorize entering into an agreement with the Owners of
73 Cherry Blossom Crescent, Courtice, Paul and Sharon Jefferson, and the
Corporation of the Municipality of Clarington in respect of minor variance
application A2008-0023.
WHEREAS, Council on December 8, 2008, approved the Minutes of Settlement for an
appeal of minor variance application A2008-0023 at 73 Cherry Blossom Crescent
located in Part Lot 34, Concession 2, former Township of Darlington and authorized the
execution of the Minutes of Settlement agreement with the Owner;
AND WHEREAS the Owners of 73 Cherry Blossom Crescent have signed the Minutes
of Settlement;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That provided the Minutes of Settlement presented to Council on December 8,
2008, have been executed by Paul and Sharon Jefferson, the Mayor and Clerk
are hereby authorized to execute, on behalf of the Corporation of the Municipality
of Clarington and seal with the Corporation's seal, the Minutes of Settlement with
the Owners of 73 Cherry Blossom Crescent regarding minor variance A2008-
0023;
BY-LAW read a first time this
day of
December
2008
BY-LAW read a second time this
day of
December
2008
BY-LAW read a third time and finally passed this
day of December
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
853
CJ~mgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 1, 2008
Report #: PSD-129-08
File #: ROPA 2008-0002
By-law #:
Subject:
REGIONAL OFFICIAL PLAN AMENDMENT. TO PERMIT THE SEVERANCE
OF A DWELLING THAT WILL BE RENDERED SURPLUS AS A RESULT OF
THE ACQUISITION OF A NON-ABUTTING FARM PROPERTY
APPLICANT: TERI E. BELL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-129-08 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington recommends that the application to amend the Durham Regional Official
Plan (ROPA 2008-0002) as submitted by Teri E. Bell, to permit the creation of a new lot
for an existing dwelling that will be rendered surplus as a result of the acquisition of a
non-abutting farm property, be approved;
3. THAT the Regional Municipality of Durham Planning Department be sent a copy of
Report PSD-129-08; and
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David . Crome, MCIP, RPP
Director of Planning Services
Reviewed by:
O~~
Franklin Wu,
Chief Administrative Officer
PW/CP/lw/sh
November 25,2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
854
REPORT NO.: PSD-129-08
PAGE 2
1.0 APPLICATION DETAILS
1.1
Owner:
T eri E. Bell
1.2 Proposal: The applicant proposes an amendment to the Durham Regional Official
Plan to permit the severance of a dwelling that will be rendered surplus as
a result of the acquisition of a non-abutting farm property.
1.3
Area:
1 ha to be severed from 40 ha.
1.4 Location: Part Lot 8, Concession Broken Front, former Township of Clarke, 955
Newtonville Road, Clarington.
2.0 BACKGROUND
2.1 On October 1, 2008, Mrs. Teri Bell submitted to the Region of Durham an application
to amend the Durham Regional Official Plan in order to permit the severance of a
dwelling that will be rendered surplus as a result of the acquisition of a non-abutting
farm property. A copy of this application was circulated to the Municipality of
Clarington for comment and was received by the Planning Services Department on
October 15, 2008 (Attachment No.1).
The Applicant owns a 40 ha property and intends to sever and retain 1 ha for their
existing dwelling and then meld the remaining 39 ha of agricultural land to the non-
abutting dairy farm operation, Thornlea Holsteins, located on the west side of
Newtonville Road as shown in Attachment NO.2. Of the 39 ha on the severed parcel
approximately 32 ha is used agriculturally and approximately 7 ha is hazard land.
The non-abutting dairy farm operation consists of an 80 ha parcel (Parcel 1) on the
west side of Newtonville Road, a 20 ha parcel which abuts the southeast corner of the
Applicant's property (Parcel 2) and a 10 ha parcel located on the east side of
Lancaster Road (Parcel 3). The Thornlea Holsteins farmstead is located on the 80 ha
parcel. This application will result in an increase in the farm operation's total land
holdings from 110 ha on 3 parcels of land to approximately 150 ha on 3 parcels of
land.
2.2 The Durham Regional Official Plan does not permit the creation of new lots for
agricultural uses on less than 40 ha land. Based on this policy, and due to the
absence of a farm dwelling on the 20 ha agricultural lot (Parcel 2), Durham Regional
Planning Staff do not consider the abutting lot to be a viable farm parcel with which
the Applicant's property can be consolidated. Therefore, this amendment to the
Durham Regional Official Plan is required in order to permit the severance of a
dwelling that will be rendered surplus due to Thornlea Holsteins' acquisition of a farm
property that is non-abutting (on the opposite side of Newtonville Road) to their
primary farm operation.
855
REPORT NO.: PSD-129-08
PAGE 3
The Clarington Official Plan recognizes farm properties with a minimum lot area of 20
ha as bona-fide farm operations. Therefore Clarington Planning staff consider the
proposed severance of a dwelling to be surplus to the consolidation of an abutting
farm and an amendment to the Clarington Official Plan is not required.
2.3 The Applicant submitted an Agricultural Assessment, prepared by Toombs Consulting,
which reviewed this proposal against the requirements of the Durham Regional
Official Plan, the Clarington Official Plan as well as Provincial Policy Statement (PPS).
The Agricultural Assessment Report identified that the application conforms with the
PPS and the Durham Regional Official Plan. The Report goes on to state that it will
be necessary for the proposed residential severance to exceed the permitted lot size
of 0.6 ha as outlined in the Clarington Official Plan. It is argued that the severed lot
will continue to meet the intent of the Official Plan policy in so much as the increased
lot size from 0.6 ha to 1 ha is necessary to accommodate the house, septic system
and access to the outdoor wood-burning furnace.
2.4 The Durham Regional Planning Department has informed Clarington that a public
meeting before Regional Council was held on November 25, 2008. Approval of the
Durham Regional Official Plan Amendment is a pre-requisite for the submission of a
Land Division application which has yet to occur.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The proposed surplus dwelling is centrally located along the west side of the 40 ha
farm property. A cold water stream, pond and associated hazard lands run to the
south of the existing dwelling. At present, the agricultural lands on the property are
rented out for use by the non-abutting farm operation, Thornlea Holsteins.
3.2 The surrounding uses are as follows:
North -
Agricultural
Agricultural
Agricultural, Rural Residential
Agricultural, Rural Residential
South -
East -
West -
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement permits lot creation for a residence surplus to a farm
operation as a result of farm consolidation provided that the local planning authorities
ensure that new residential dwellings are prohibited on any vacant remnant parcel of
farmland created by the severance.
856
REPORT NO.: PSD-129-08
PAGE 4
The creation of lots shall comply with the minimum distance separation (MDS)
formulae. Where a new lot is proposed with an existing dwelling, and that dwelling is
already located on a lot separate from the subject livestock facility, MDS is not
applied. Therefore this application complies with MDS and conforms with the
Provincial Policy Statement.
4.2 Greenbelt Plan
The Greenbelt Plan permits the severance of a residence surplus to a farming
operation as a result of a farm consolidation where the residence was an existing use
as of the date the Greenbelt Plan came into force. Additionally, the local planning
authority must ensure that no new residential dwellings are permitted on the retained
agricultural lot created by the severance.
The existing residence located on the proposed severed lot has been a legally existing
use since before the Greenbelt Plan came into force and thus conforms with the
Greenbelt Plan.
5.0 OFFICIAL PLANS
5.1 Durham Reoional Official Plan
The Durham Regional Official Plan designates this property as "Prime Agricultural
Areas". The severance of a dwelling rendered surplus as a result of the acquisition of
a non-abutting farm is permitted subject to the following criteria:
. The dwelling is not needed for a farm employee;
· The farm parcel to be acquired is of a size which is viable for farming operations;
· Within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in
existence as of December 16, 2004; and
· The farm parcel to be acquired is zoned to prohibit any further severance and the
establishment of any residential dwelling.
Additionally, the creation of lots shall comply with the Minimum Distance Separation
formulae.
These criteria are reviewed and commented on in Section 8 of this report.
5.2 Clarinoton Official Plan
5.2.1 The Clarington Official Plan designates the property as both "Prime Agricultural Area"
and "Environmental Protection Area", The dwelling, which is subject to the proposed
surplus severance, is located entirely within the "Prime Agricultural Area" designation.
Within the Clarington Official Plan, severances of dwellings which are rendered surplus
as a result of the consolidation of abutting farms may be permitted subject to the
following criteria:
857
REPORT NO.: PSD-129-08
PAGE 5
. The farms are merged into a single parcel;
· The dwelling to be severed is not required for farm employees; and
. The surplus dwelling lot is generally less than 0.6 ha.
At approximately 1 ha the proposed surplus dwelling lot exceeds the 0.6 ha
recommended surplus lot size. This item is reviewed in Section 8 of this report.
5.2.2 The Applicant's property includes Significant Valleylands and Hazard Land, which
follow the course of two (2) cold water streams which merge on the property south of
the Applicant's dwelling, as well as Significant Woodlands in the southeast corner of
the property.
5.2.3 Based on the presence of these natural heritage features, the Clarington Official Plan
states that development applications, such as the subsequent land division and
rezoning applications, shall require an Environmental Impact Study (EIS). Part of the
purpose of the EIS is to identify the limits of the natural heritage features and how to
mitigate the affects of the proposed development upon these features. Setbacks for
development from an "Environmental Protection Area" must be determined in
consultation with the Conservation Authority.
This application meets the severance policies of the Clarington Official Plan.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands both "Agricultural Exception (A-1)" and
"Environmental Protection (EP)". The area surrounding the proposed surplus dwelling
lot is zoned "A-1". The "EP" portion of the property is located immediately south of the
existing dwelling. The "A-1" zone requires a minimum lot area of 4,000 m2 with a
minimum street frontage of 30 metres. The proposed surplus dwelling lot would
comply with the provisions of the "A-1" zone.
7.0 AGENCY COMMENTS
7.1 The application and supporting documentation was circulated to a number of agencies
for review and comment. The Ganaraska Region Conservation Authority, Clarington
Engineering Services, including the Building Division, as well as Clarington
Emergency Services have no objection to this application.
7.2 Staff from the Ganaraska Region Conservation Authority have reviewed the
application and have no objection to the proposed Official Plan Amendment. In
consultation with Authority Staff it is suggested that the proposed consent will have
negligible impact on the identified natural features as the residential use is existing
and no new buildings are proposed.
858
REPORT NO.: PSD-129-08
PAGE 6
8.0 STAFF COMMENTS
8.1 A building permit for a single detached dwelling was submitted by Thornlea Holsteins
in February of 2007. This permit located the farm dwelling on the 80 ha parcel (Parcel
1) located west of the Applicant's property, on the opposite side of Newtonville Road
from the subject application. According to the Clarington Building Division,
construction on this home is proceeding in good order. Once construction is
completed, the future acquisition by Thornlea Holsteins of the Applicant's property
would render the existing dwelling surplus. Thornlea Holsteins have indicated that the
Applicant's dwelling would not be needed for a farm employee.
8.2 The proposed lot severance will be approximately 1 ha in size. The Clarington Official
Plan requires that the lot size of a surplus dwelling severance be generally less than
0.6 ha. However, staff support the position put forward in the Agricultural Assessment
Report that the larger lot size requested by this application is necessary in order to
include the existing house, driveway, well, septic system and the service area for the
outdoor wood-burning furnace.
8.3 While the exact construction date of the applicant's dwelling is not known it has been
in existence for over 100 years and therefore was in existence prior to the
implementation of the Greenbelt Plan on December 16,2004.
8.4 Through the land division process, it will be necessary for the 39 ha severed parcel to
be melded with Thornlea Holsteins existing property and that the zoning be changed
to reflect that another dwelling not be permitted in the future.
8.5 An Environmental Impact Study will not be required recognizing that the residential
use has already been established and no new buildings or structures are proposed as
a result of the lot creation. However, the property line of the proposed parcel will be
determined in consultation with the conservation authority to generally reflect the top-
of-bank.
8.6 Of the 39 ha retained portion of land to be acquired by Thornlea Holsteins,
approximately 32 ha is presently viable agricultural land. The remaining approximately
7 ha is comprised of valley lands along the creek, a pond and poorly drained, low-lying
farmland. Once acquired, it is Thornlea Holsteins' intention to tile drain the low-lying
farmland in order to increase the productivity of this portion of the property.
8.7 The proposed severance conforms with the Provincial Policy Statement, the Greenbelt
Plan, the Durham Regional Official Plan, the Clarington Official Plan and the Zoning
By-law. There have been no objections to this application from any of the circulated
agencies. This application will result in the consolidation of agricultural land, subject
to rezoning, and will not permit any additional rural residential uses. Therefore staff
support this application to amend the Durham Regional Official Plan.
8.8 Municipal conditions to the subsequent Land Division application, will include the
following:
· The farms are merged into a single parcel; and
· In accordance with Provincial and Regional policy, the merged farm parcel
created from the severance will be zoned to prohibit residential uses.
859
REPORT NO.: PSD-129-08
PAGE 7
9.0 CONCLUSIONS
9.1 Based on the comments provided in this report and the agency comments received,
Staff has no objection to the proposed Regional Official Plan Amendment and
recommends that the application to permit the severance of a dwelling that will be
rendered surplus as a result of the acquisition of a non-abutting farm property be
APPROVED.
Attachments:
Attachment 1 - Key Map 1
Attachment 2 - Key Map 2
860
Attachment 1
To Report PSD-129-08
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ClOO1Jgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 1, 2008
Report #: PSD-131-08
File #: PLN 20.5
By-law #:
Subject:
AMENDMENT TO APPLICATION FEES BY-LAW
PLANNING AND DEVELOPMENT APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-131-08 be received; and
2. THAT the attached By-law Amendment, detailing the specific amendments to By-law
96-032, being a By-law to require the payment of fees for information and services
provided by the Municipality of Clarington, as amended, be APPROVED.
Submitted by:
Davi . Crome, MCIP, RPP
Director of Planning Services
/~") r-~L 0'-4,
Reviewed by: ~ ~
Franklin Wu,
Chief Administrative Officer
L T/df
24 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
863
REPORT NO.: PSD-131-08
PAGE 2
1.0 BACKGROUND
1.1 Section 69 of the Planning Act allows the Municipality to pass a By-law to set out the
Fee Schedule for development applications to offset the "anticipated costs" to the
Municipality for processing applications. The fees collected do not fully recover the cost
of processing applications when direct and indirect costs are considered including the
cost of overhead, pre-consultation meetings and circulation of revised submissions. At
the beginning of each term of Council, the Planning Services Department has
historically reviewed the fees and set the rates for the term of Council.
The current Fee By-law was last reviewed and amended by Council on December 18,
2006, coming into effect January 1, 2007.
1.2 Periodically staff surveys other Municipalities in the Region of Durham, specifically the
four lakeshore Municipalities west of Clarington - Pickering, Ajax, Whitby and Oshawa,
to ensure that our fees are similar.
1.3 Three of the four (Ajax, Pickering and Oshawa) municipalities have conducted a
detailed review of their planning fees by a consultant based on the actual costs of
services with the intention of recouping a greater portion of staff and municipal costs
associated with processing of planning applications. The fourth Municipality, the Town
of Whitby is presently undergoing such a review.
1.4 Each Municipality upon finalizing the examination of their existing fees acknowledged
an underlying principle that the recovery of municipal costs through application fees
must be balanced, in some cases, so they do not become a significant disincentive for
local residents to make an application. A chart comparing application fees of the five (S)
lakeshore municipalities is contained in Attachment 2. The Town of Ajax and City of
Oshawa fees, as shown, are for 2009. The City of Pickering has not determined, to
date, whether their existing fees will remain in effect for 2009.
1.S Upon examination, a majority of the Municipality's existing fees are comparable to those
of the other four (4) lakeshore municipalities. No changes are being proposed for the
majority of the fees.
There are seven (7) service areas where changes and/or new fees are being proposed.
The changes and/or new fees are contained in Attachment 2.
2.0 REVISIONS TO FEES
2.1 Revisions to Local Official Plan Amendment Applications
Applications for an Official Plan Amendment are separated into "major" and "minor"
categories. The current fees are $3,67S.00 for a "minor" application and $6,300.00 for a
"major" application. A comparison of the fees, as set by the lakeshore Municipalities, is
noted in the chart below. Some Municipalities have not made a distinction between
864
REPORT NO.: PSD-131-08
PAGE 3
major and minor and apply one fee for both. The distinction between a "major" and
"minor" applications is contained within Note 1 attached to the current By-law.
Applif;ati~~
Te .'
Local Official
Plan
Amendment
Application
Recirculation:
$500
Oak Ridges
Moraine
premium:
$500
$8,240 ($10,300 Major: $6,300
if associated with Minor: $3,675
a Zoning By-law
Amendment) Adoption:
$1,575
Increases to the major and minor category and adoption fee are proposed as follows:
· Major application
· Minor application
· Adoption of application
$8,000
$4,000
$2,000
2.2 Revisions to Proposed Draft Plans of Subdivision Not Draft Approved
Typically, applications for Draft Approval of Plans of Subdivision are extremely time
consuming and involve the input of most, if not all departments within the Municipality.
While the initial application fee structure across the Municipalities in Durham, as shown
below, is comparable, staff is recommending the establishment of a new fee that would
address the situation where an applicant has requested revisions to a proposed Draft
Plan of Subdivision that has not received draft approval and would necessitate the re-
circulation of the Draft Plan of Subdivision application.
Appnc~tiolf's
T' .'"".{>;.
Subdivision
Application
W ..... Aia. x. ...........f
-.';.'i: . . J. ... .
,)>. . 2009
Residential:
$13,438 plus per
unit fee as follows:
First 200: $337 per
unit ($100-apts)
Over 200: $165 per
unit ($50-apts)
Residential:
$10,000
+$135 per
unit
Residential:
$10,300 + $25
per sq.m. of land
area
Reactivation fee
of $1,000 applies
after 3 years
Residential:
$10,000 +
$250 per unit
(apts $50 per
unit)
Non-Residential:
$13,489
Non-
Residential:
$5,250
Revisions to $6,719
a Subdivision
Application
(ie. not draft
approved, but
requiring full
recirculation)
$1,260 for
major
revisions
$420 for
minor
revisions
$525 for
recirculation
N/A
N/A
Extension of
Draft approval:
$2,100
N/A
865
REPORT NO.: PSD-131-08
PAGE 4
There are currently sixteen (16) applications for Draft Plans of Subdivision on file that
have not progressed to the point where Draft Approval could be considered. The files
typically are interrelated with other associated planning applications (i.e. Official Plan
Amendments) where their individual processes have not progressed to the point a
decision on the Draft Plan could be rendered. In certain situations there are subdivision
applications where the applicant has requested that their application be held in
abeyance or is not actively pursuing approval.
Of the application files currently open, six preceded the Municipality's delegation of
subdivision approval powers from the Region on July 1, 2001. As a commenting
agency, at the time the Municipality did not charge a fee for municipal review of the
application.
Additionally, between July 1, 2000 and December 31st, 200S, the Municipality charged
a modest fee relative to the actual costs of processing the applications.
It is proposed that fees be established for all applicant-initiated revIsions to
applications for draft plan approval. The fees would not be applied for revisions to the
application solely to address agency comments and concerns.
The proposed fee structure is:
For applications filed before July 1, 2000
$10,000 plus $250 for each additional
unit and $50 for each additional block
For applications filed between July 1,
2000 and December 31, 2006
$5,000 plus $250 for each additional
unit and $50 for each additional block
For applications after December 31,2006
$5,000
2.3 Revisions to Draft Approved Plans of Subdivision
The existing fee for redline revisions to draft approved Plans of Subdivision is $S,OOO for
major changes and $1,000 for minor changes. Minor revisions would not require the
application to be circulated to agencies outside the Municipality.
Pickering
Minor: $5,000
(change to
condition and/or
minor plan
change)
Reactivation of a
subdivision
application -after
3 years: $,1380
e
Revisions to
a Draft
Approved
Plan of
Subdivision
(ie. reline
revision)
$1,260
866
REPORT NO.: PSD-131-08
PAGE 5
Staff are recommending that these fees be increased to $7,500 and $,2000
respectively. Additionally, similar to the fee schedule format for the initial application for
the Draft Plan of Subdivision, staff would recommend that an additional fee of $250 per
unit ($50 per apartment unit) be incorporated with each of the major and minor
categories. The cost per unit would be calculated on the increased number of units
being proposed. If additional units are not being proposed, the fee for the revision
would be determined only as either major or minor ($7,500 or $2,000).
2.4 Condominium Applications
The existing fee for Condominium applications and Condominium conversions is $2,500
plus $25 per unit and $1,575. A comparison of the fees, as set by the lakeshore
Municipalities in Durham, is noted in the chart below.
Condominium $8,925
Application
$6,500
$7,500 plus $325 $5,150
per unit
$2,500 + $25
per unit
Conversion: $5,000 Recirculation:
plus $125 per unit $1,000
Conversion:
$1,000
Conversion:
$7,500 + $325
per unit
Amendment to a
condominium
description of
declaration:
$1,751
Conversion:
$1,575
Reactivation of a
condominium
application - after
3 years: $1,030
Increases to the application and conversion fee are proposed as follows:
· Condominium application
· Condominium conversion
$5,000 plus $25 per unit
$5,000 plus $25 per unit
2.5 Residential Site Plans
The existing fee for residential site plan applications is $2,500 + $175 per unit. Site Plan
applications require the detailed review from conceptual design to final design. It is a
time consuming process. While the Municipality has traditionally undercharged for the
full cost of review to encourage compliance, the residential rate is relatively low. A
comparison of the other lakeshore municipalities in Durham is shown below:
867
REPORT NO.: PSD-131-08
PAGE 6
Site Plan
Approval
$6,735 plus a
per-unit fee as
follows:
Residential:
$2,500 + $175
per unit
Residential:
$3,000 + $325
per unit
$2,575 plus
$0.25 per sq. m
plus $1,000 for
the agreement .
Residential:
$2,500 + $175
per unit
first 25: $674
per unit
26-100: $500
per unit
100-200: $250
per unit
Over 200: $125
per unit
It is recommended that the residential site plan approval fee be revised to $3,000 +
$200 per unit.
2.6 Ontario Municipal Board Hearino - Related Administration Fees
When a planning application has been referred to the Ontario Municipal Board by the
applicant and/or any interested party, the Board will in certain circumstances direct the
appellant to prepare and circulate a public notice of the upcoming hearing to all required
parties.
The Board's direction requires the preparation of a list of all affected land owners within
the prescribed distances as required by the Planning Act. Staff has been asked, on
occasion, to assist the appellant and provide a list of all affected land owners as
required. A fee in the amount of $500 for said services has been requested in the past.
Staff proposes that this fee be included within the Fee Schedule By-law.
2.7 Plannino Applications Circulation bv Other Local Municipalities
The Municipality's current Fee Schedule By-law requires a fee for the review of any
Region of Durham Official Plan amendment application. Although not on a regular
basis, the Municipality is circulated by neighbouring Municipalities a variety of planning
applications as stipulated in the Planning Act, seeking the Municipality's comments. In
most instances, a report is prepared for Council's consideration and the Municipality's
response is forwarded to the local Municjpality in question. In addition to the staff time
required to circulate internally and evaluate each application, conditions of approval are
often generated, resulting in the necessity of monitoring the municipal concerns and/or
conditions.
868
REPORT NO.: PSD-131-08
PAGE 7
Staff is recommending, the following new fees are each type of application not initiated
by the respective local Municipality:
· Official Plan Amendment
· Rezoning Application
· Draft Plan of Subdivision
$1,200
$2,000
$2,000
3.0 CONCLUSION
3.1 It is respectfully recommended that By-law 96-032, as amended, be further amended as
contained in the By-law Amendment attached hereto, being Attachment 1.
Attachments:
Attachment 1 - By-law Amendment
Attachment 2 - Comparison Chart and Staff Recommended Changes to the Fee By-law
869
Attachment 1
To Report PSD-131-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to require the payment of fees for information and services
provided by the Municipality of Clarington and for prescribing the amount of such
fees and to amend By-law 96-032, as amended
WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, C'p13, provides that By-
laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the
processing of applications made in respect of planning matters;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it necessary to amend by-law 96-032 to meet the anticipated cost to the Municipality in
respect of the processing of each type of application provided for in the Schedule of
Fees;
NOW THEREFORE BE IT ENACTED that the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Schedule "B" to By-law 2006-218, as amended,is hereby further amended
by deleting said Schedule "B" and replacing it with Schedule "B" attached hereto.
2. THAT the fee schedule attached hereto and forming part of this By-law shall
apply for the specified documents, services, applications and inspections
commencing January 1, 2009.
BY-LAW read a first time this
day of
2008
BY-LAW read a second time this
day of
2008
BY-LAW read a third time and finally passed this
day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
870
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877
SCHEDULE "B" TO BY-LAW 2008-
FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES
Tn. d f th ~ II . ~ . J 1 2009
he e ectlve ate or e 0 oWIng ees IS anuary ,
Official Plan Amendment
Minor Application $4,000
Maior Application (note 1} $8,000
Adoption of Amendment $2,000
Reaional Official Plan Amendment Review $1,200
ROPA Review not part of a local OPA $2,000
Neiahbourhood Design Plan $10,000 + Peer Review
Neighbourhood Design Plan Amendment $3,000 + Facility Rental
Zonlna Bv.Law Amendment
Maior (note 3} $5,000
Minor $2,000
Removal of Holding Symbol $2,000
Removal of Environmental Holding Symbol $475
(Zoning By-Iew 2005-109)
Draft Plan of Subdivision
Residential $10,000 + $250/unit ($50 for apartment unit)
Non-Residential $5 000
Preparation of Subdivision Agreement (note 5} $2,000
Amendment to Subdivision Agreement (note 5} $600
Red Line Revisions Maior - $5,000 plus $250 additional per unit ($50 per apartment)
Minor - $1,000 plus $250 additional per unit ($50 per apartment)
Applicant-Initiated Revisions to Subdivision Application
Not Draft Approved
i Where applicaton filed prior to July 1, 2000 $10,000 plus $250 per unit ($50 per apartment unit)
ii Where application filed between $5,000 plus $250 per unit ($50 per apartment unit)
July 1, 2000 to Dec. 31, 2006
iii Where applicatin filed after December 31,2006 $5 000
Subdivision Clearance $2,000
Extension of Draft Plan Approval $2,000
Draft Plan of Condominium $4,000 + $251unit
Application for Condominium Conversion $2,000
Condominium Agreement (note 5) $500
Condominium Agreement Amendment (note 5} $325
Condominium Clearance $1,500
Part Lot Control $500 + $25/unit (maximum $5,000)
Site Plan Approval
Residential Uses $3,000 + $200/unit
Commercial Uses $3,000 + $251100m2 commercial aross floor area
Mixed Use $3,000 + $251100m2 commercial gross floor area + $50/residential
unit (maximum $15,000)
IndustriaVOther Uses $1,200 + $10/100m2 oross floor area (maximum $7,500)
Amendment - Residential Uses $600 + $25/unit (maximum ($5,000)
Amendment - Commercial Uses $1,500 + 25/100m2 commercial aross floor area (maximum $15,000)
Amendment - Mixed Use $1,500 + $251100m2 commercial gross floor area + $25/residential
unit (maximum $15,000)
Amendment - IndustriaVOther Uses $600 + $1 011 00m2 oross floor area (maximum $6,000)
Minor Site Plan/Oak Ridges Moraine (note 2} $500
Sales Trailer 1 Model Home $1,000
Aoreement and Agreement Amendment (note 5) $350
Landscape Inspection Fee for projects with greater 0.5% of the landscape cost estimate with a minimum of $,1000
than 2500 sO.m. of floor area, or 25 units or oreater
Minor Variance (note of} $425
Tablina Fee (applicant initiated) $100
Re-circulation Fee (applicant initiated) $100
Sign Penn It
Pennanent $40
Temporary N/A
Apartment in House $50 application, $50 final certificate
Clearance Letter
Zoning $105
Subdivision $105
Miscellaneous $105
Servicing Agreement (note 5) $350
Land Division
Review Fee $300
Development Aoreement (note 5) $350
Peer Review 100% of the Municipality's costs of retaining a consultant
Street Name Change Request $1,500
878
SCHEDULE "B" TO BY-LAW 2008-
FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES
Thff dt~h~ ~
e e ectlve a e or t e ollowlng. ees is January 1, 2009
Application Requiring An Open Houss or Additional
Public Meeting (additional fee for each subsequent $1,000 + Facility Rental
publiC meeting)
Application Requiring Additional Public Meeting
(additional fee for each subsequent public meeting where $1,500 + Facility Rental
notice is provided through the local newspaper)
Ontario Municipal Board Related Administration Fee $500
PlanninQ APplications - other Local Municipalities
Official Plan Amendment $1,200
Rezoning Application $2,000
Draft Plan of Subdivision $2,000
Application Involving Review Under EPA $10,000
and/or EAA Process (additional fee)
Publications
Maps -Small $4.39
- Medium $8.77
- Large $13.16
Aerial PhotOQraphv (Colour) $4.39
Official Plan Colour Map $2.63
Clarinoton Official Plan $70.75
Clarinoton Zonino Bv-Iaw $70.75
Clarinoton Street Name Index $42.45
Studies - Under 40 pages $12.00
- 40 to 100 palles $24.00
- 100 to 200 palles $40.00
- over 200 paoes $60.00
-CD $15.00
Note 1
The following are criteria for determining what constitutes a Major Official Plan Amendment applicetion:
. New aggregate extraction areas or expansion to existing aggretate extraction areas;
. New golf courses or expansion to existing golf courses;
. New waste facility or expansion to existing waste facility;
. Expansion to urban boundary or re-designation of Future Urban Residential lands;
. Hamlet expansion where a settlement capacity study is required;
. Commercial Development greater than 2,500 m2;
. Deletion or addition of arterial or collector road; and/or
. Any application that due to the broader policy implications for the Municipality would require the need to review or manage
studies, or any application deemed to be major by the Director of Planning Services.
Note 2
The following are criteria for determining what constitutes a Minor Site Plan application:
. A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109;
. A dog kennel, agricultural tourism use, and similarly-scaled uses; and/or
. A minor alteretion to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete
portables, etc.
Note 3
The following are criteria for determining what constitutes a major Zoning By-law Amendment application:
. Associated with an Official Plan Amendment;
. Associated with an application for proposed Plan of Subdivision;
. Application involving multiple properties; and/or
. Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation
studies, retail market stUdies)
Note 4
Minor Variance applications for the construction or placement of an accessibility device to prOVide access to a single-detached!
link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids
persons with physical disabilities in gaining access to a dwelling unit.
Note 5
The applicant is required to reimburse the Municipality for its legal costs associated with preparing the agreement.
Note 6
The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval:
. Does not require circulation to outside agencies.
Note 7
Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing
organization will be reduced by 50%.
879
Cl!1l.-!llgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 1, 2008
Report #: PSD-132-08
File #: COPA 2007-0013
By-law #:
Subject:
APPEAL OF OFFICIAL PLAN AMENDMENT 60 - BROOKHILL
SECONDARY PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-132-08 be received for information.
o~~ OJ ~
Reviewed by: ~t.<..,
Franklin Wu,
Chief Administrative Officer
CP/dfllw
20 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
880
REPORT NO.: PSD-132-08
PAGE 2
1.0 BACKGROUND
1.1 On March 25, 2008, Council adopted the recommendations contained in Staff
Report PSD-028-08 to amend the Clarington Official Plan and approve Official
Plan Amendment 60, introducing the Brookhill Secondary Plan. This application
was non-exempt. The Region of Durham, as the approval authority, approved
the amendment on August 5, 2008.
1.2 OPA 60 introduced a Secondary Plan for the Brookhill Neighbourhood as well as
requisite policy and map changes in the Clarington Official Plan to implement the
Secondary Plan. During the preparation of OPA 60, staff also considered an
Official Plan Amendment application, COPA 2004-0003, submitted by the Kaitlin
Group Ltd. for a medium density symbol at the east limits of Stevens Road on the
north side of the road. OPA 60 as recommended and approved, included a
medium density symbol in effect approving COPA 2004-0003.
1.3 Mr. Thorsten Kosak, a resident of Munday Court, submitted an appeal to OPA
60. The letter of appeal objects specifically to the medium density symbol
located at the east end of Stevens Road adjacent to the Bowmanville Creek
valley. The letter of appeal stated that: residents spoke in opposition to the
original Kaitlin applications for medium density on Stevens Road; the medium
density is not consistent with the findings of the Brookhill Subwatershed Study;
there will be traffic issues at the intersection of Regional Road 57 and Stevens
Road; medium density development should be located west of Regional Road 57
in proximity to amenities to encourage walking. Staff, together with the
consulting team preparing the Brookhill Secondary Plan; including Planning,
Environmental and Traffic disciplines, considered the issues raised by Mr. Kosak
in drafting OPA 60 and felt the medium density designation was appropriate.
1.4 The Ontario Municipal Board has received the appeal and has scheduled
January 12, 2009, for a pre-hearing conference to scope the issues, and
determine the interested parties associated with the subject appeal.
Attachments:
Attachment 1 - OPA 60 - Bowmanville Land Use Schedule
Attachment 2 - OPA 60 - Brookhill Secondary Plan Land Use Schedule
Attachment 3 - Letter of Appeal
881
Attachment 1
To Report PSD-032-08
Exhibit liB", Amendment No. 60 To the Municipality of Clarington
Official Plan, Map A3, land Use, Bowmanville Urban Area
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To Report PSD-032-08
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- - - BROOKHILL SECONDARY PlANNING AREA
I2'2J VILlAGE CORRIDOR
_ NEIGHBOURHOOD COMMONS AREA
,.:,:,:,:,:,:.:1 LOW DENSITY RESIDENTIAL
t~:~~:fZ1 MEDIUM DENSITY RESIDENTIAL
tU.~' ENVIRONMENTAl. PROTECTION AREA
IIlIlID ENVIRONMENTAL PROTECTION OVERLAY
I::Z] PARKS AND OPEN SPACE
_ STORMWATER MANAGEMENT POND
· · · . . . SPECIAL POLICY AREA
ARTERIAL ROAD TYPE A
ARTERIAL ROAD TYPE B
- ARTERIAL ROAD TYPE C
- ------- COLLECTOR ROAD
.;
t5
PUBUC ELEMENTARY SCHOOl.
SEPARATE ELEMENTARY SCHOOL
MAPA
LAND USE AND
TRANSPORTATION PLAN
BROOKHILL NEIGHBOURHOOD
SECONDARY PLAN
t.lARCH 10, 2008
llilS CONSOUlIATlON IS PR<MOEIl FOR COIMHIENCE ONLY
AND REPRESENTS RECUES1IIl 1l00000000TlONS NfJ 1i"PfIfN~
~er-1U-~UU~ 11:33
Thorsten Koseck
7 Munday Crt.
Bowmanville, Ontario
LIC 4R7
9056E Attachment 3
.~ r .". ..: .,',. . ;:.t";~"1':i To Report PSD-032-08
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Aug 14,2008 I ~
A.L Georgieff, MelP, RPP FILE#' ~~ ~7.1;:;;::_~
Commissioner of Planning, Reg~ona1 M~cipality of Durham
DURHAM REGION
Date;
Attention:
Topic:
Notice of Appeal to the Official Plan Amendment No. 60 To The
CJariugton Official Plan
I would official like to appeal the amendment No. 60 to the Clarington Official Plan specifically the
location of the medium density residential area adjacent to the South east comer of the special policy area
"Large lot Residential" for the following reasons:
1. 11 of the 12 residents opposed the application of the zoning change back in August 2,2004 and
spoke at a local council meeting
2. I attended all public meetings and this part of the study was never discussed even when
specifically questioned.
3. The amendment ZBA2004-027.does not adhere to the Brookhill Sub watershed Study, Class 1
Terrestrial features, ESA provincially significant wetlands, Bowmanville Creek Valley,
Environmental Corridor and the Class #2 Features (50m - 120m buffer around Class #J)
4. Wildlife impact. There are several groups of deer, coyotes, and fowl th~t:t use this area extensively
5. Traffic mergence from Stevens Rd to Highway #57. The amount oftrafHc will increase to 4-5
times the existing volume. The School bus stop was already moved from StevenslHwy #57 to
Munday Crt due to several near misses
6. Bank erosion is eXtensive along the edge of the tree line. According to ]\.tr. Stevens several
sections of the bank have moved as much as 30 feet over the past several decades. There has been
another landslide into the creek large enough to almost block the entire creek. With an increase of
population there 'oVill be an increased chance of people getting hurt. The current farm fence will
no longer act as a sufficient barrier. The proposal does not cover this issl~e.
7. The largest area of medium density houses should be located on the west side of Highway #57
near the town's amenities, easy access to shopping, schools, public transportation and the
recreation center not isolated in a land locked lot forCing everyone to cross a type A arterial road.
8. Having 50 plus residence crossing a major arterial road will not encourage any to walk and will
cr~ate a safety hazard. Someone will get hurt trying to cross highway #57.
Recommendation:
Move the medium density area to the west side of the highway #57 center of the planning area. There is a
low density area than can become a medium density area close to the SWM, trail s, schools, shopping,
public transportation, the village corridor and is located in between the other medium density areas
creating a balance. The SWM center south of the planning area could be used as well. The area of
concern could now be used as SWM area, Soccer fields or lower density residential. This would also fit
into the plan and be in keeping with the community creating a safer nicer area tc live work and play.
Thank-you
?1iorsten 1(psec( P .Eng, Ph.D.
884
TOTAL P.002
ClWilJglnn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 1, 2008
Report #: PSD-126-08
File #: PLN 33.4 By-law #:
Subject:
PORT GRANBY PROJECT - EXTENSION OF CONTRACT FOR MUNICIPAL
PEER REVIEW SERVICES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-126-08 be received;
2. THAT the existing contract with Hardy Stevenson & Associates limited, Toronto for
Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste
Management Project, be extended to the end of 2010;
3. THAT the total funds required be expensed to Account 100-50-385-10175-7160;
4. THAT the By-law attached to Report PSD-126-08, as Attachment 1, authorizing the
Mayor and Clerk to execute the agreement, be APPROVED: and
5. THAT all interested parties be advised of Council's decision.
Submitted by: ~
Dav~ J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
t1~
Franklin Wu,
Chief Administrative Officer
~
JAS/FUDJC/sn
13 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
885
REPORT NO.: PSD-126-08
PAGE 2
1.0 BACKGROUND
1.1 In 2001, the Municipality of Clarington and the Municipality of Port Hope entered into a
Legal Agreement with the Government of Canada for the safe, long term management
of low level radioactive waste located in each community. The Port Granby Project, as
part of the larger Port Hope Area Initiative, addresses the wastes currently stored at
the existing Port Granby Waste Management Facility located southeast of
Newtonville.
1.2 Phase 1 of the Port Granby Project, which involves the undertaking of the
Environmental Assessment (EA) for the Project, began in 2002. Phase 2 will
commence with the issuance of a construction licence for a new waste management
facility by the Canadian Nuclear Safety Commission. .
1.3 The Legal Agreement provides for the federal government to reimburse the
Municipality for its costs related to the Port Granby Project, including costs related to
retaining peer review consultants. In April 2002, Council passed a by-law to retain
Hardy Stevenson & Associates to provide peer review consulting services for the Port
Granby Project. The contract with Hardy Stevenson has been extended on two
previous occasions - for four years in December 2002, and for a further two years in
December 2006. Each time, the contract extension was intended to take the
consultant's peer review services to the end of Phase 1 of the Project.
1.4 Federal regulators have required the Low Level Radioactive Waste Management
Office (LLRWMO) to undertake a detailed study to address groundwater and effluent
treatment during and after the construction of the new waste management facility. The
LLRWMO had originally expected to conduct this study during Phase 2 of the Project,
as was done with the Port Hope Project. Because of the length of time required to
complete this study, Phase 1 of the Project is now not expected to end until some time
in 2010.
2. COMMENTS
2.1 The peer review services provided by Hardy Stevenson & Associates over the past
seven years have been critical to the Municipality's effective participation in the Port
Granby Project. These services have included the review of numerous technical
documents related to such matters as radioactive materials, human health and safety,
facility design, as well as advice related to the mitigation of impacts on area residents.
2.2 Given that Phase 1 of the Project is expected to continue for up to an additional two
years, it is appropriate to extend the Municipality's contract with Hardy Stevenson &
Associates to the end of 2010. The peer review team's work over the next two years
will include the on-going review of the Environmental Assessment, including the water
treatment issue, the review of the draft and final EA Screening Reports, and
preparation for the licensing hearings before the Canadian Nuclear Safety
Commission.
886
REPORT NO.: PSD-126-08
PAGE 2
2.3 Phase 2 of the Port Granby Project will involve the work related to the excavation of
the waste and the construction of the new waste management facility. As such, Staff
will review the Municipality's requirements for consulting services for this phase and
wil.l report back to Council at a later date.
Attachments:
Attachment 1 - By-law
List of interested parties to be advised of Council's decision:
Dave Hardy, Hardy Stevenson & Associates
Bob Zelmer, Low Level Radioactive Waste Management Office
Glenn Case, Low Level Radioactive Waste Management Office
887
Attachment 1
To Report PSD-126-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to authorize a contract between the Corporation of the
Municipality of Clarington and Hardy Stevenson and Associates Limited,
Toronto, Ontario, to enter into an agreement for Ct)nsulting Services, Port
Granby Long-Term Low-Level Radioactive Waste Management
THE CORPORATION OF THE MUNICIPALITY OF CLAHINGTON 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 Hardy Stevenson and Associates Limited, Toronto, 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 time this day of
By-law read a second time this day of
By-law read a third time and finally passed this day of
2008
2008
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
888
CI!J!mgron
REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: EGD-052-08
File #: B.02.12.009 By-law #:
Subject:
VALIANT SUBDIVISION PHASE 3, BOWMANVILLE
PLAN 40M-2020
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-052-08 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works constructed within Plan 40M-2020; and
3. THAT Council approve the by-laws attached to Report EGD-052-08, assuming certain
streets within Plans 40M-2020 and 40R-20151 as public highways.
Respectfully,
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Submitted by: A.S. Cannella, C.E.T.
Director of Engineering Services
o~~ 6Jrc
Reviewed by: Franklin Wu
Chief Administrative Officer
NAC/ASC/dv
November 18, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
901
REPORT NO.: EGD-052-08
PAGE 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered August 29, 1996, with Halloway Holdings Limited to
develop lands by plan of subdivision, located in Bowmanville and described as
Plan 40M-2020 (Attachment 1). The agreement required the developer to
construct all roadworks, including hot-mix paving, sidewalks, curb and gutter,
street trees, a storm drainage system and streetlights, hereinafter referred to as
the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into four (4)
stages:
a) Initial Works;
b) Final Works;
c) Street Liohtino Svstem; and
d) Stormwater Manaoement System (not applicable)
1.3 The Initial Works and Street Liohtino System were issued 'Certificates of
Completion' and subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Final Works was issued a 'Certificate of Completion' dated May 1, 2006.
This initiated a one (1) year maintenance period, which expired on May 1, 2007.
The developer experienced delays in completing the repair works, however, the
works have been re-inspected, and all deficiencies have now been rectified to the
satisfaction of the Director of Engineering Services.
1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works.
The Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance' for the Final Works.
902
REPORT NO.: EGD-052-08
PAGE 3
1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plans 40M-2020 and
40R-20151 as public highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
903
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DRAWN BY: E.L.
DATE: November 21,2008
ATTACHMENT NOH 2
REPORT NO.: EGDh052-08
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW 2008- XX
Being a By-law to establish certain lands as public
highway, assume them for public use and name them.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the following lands are hereby established as public highway,
assumed by the Corporation for public use and assigned the name set out
below:
land Established.as Public Hiahwav
Name
(a) Part of Block 142 on registered Plan 40M-1852
Designated as Part 1 on Plan 40R-20151
Longworth Avenue
BY-LAW read a first and second time this xxIh day of xxxxx 2008.
BY-LAW read a third time and finally passed this xxth day of xxxxx 2008.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
905
ATTACHMENT NO.: 3
REPORT NO.: EGD-052-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008- XX
Being a By-law to assume a certain street within the
Municipality of Clarington as pUblic highway in the Municipality
of Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the street shown on Plan 40M-2020, and listed below in this section, being
in the Municipality of Clarington, in the Regional Municipality of Durham, is
hereby accepted by the Corporation of the Municipality of Clarington as public
highway, and assumed by the said Corporation for public use:
PLAN 40M-2020:
Daley Avenue
BY-LAW read a first and second time this xxth day of xxxxx 2008.
BY-LAW read a third time and finally passed this xxth day of xxxxx 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
906
CI!Jlmgton
REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: EGD-053-08
File #: B.01.16.002 By-law #:
Subject:
ASPEN SPRINGS SUBDIVISION PHASE 2B, PLAN 40M-1734 (PART OF),
BOWMANVILLE,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
ROADS AND ABOVE GROUND SERVICES INCLUDING ROADS AND OTHER
RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-053-08 be received;
2. 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-1734; and
3. THAT Council approve the by-laws attached to Report EGD-053-08, assuming certain
streets within Plan 40M-1734 as public highways.
Respectfu lIy by I
U~-L ~
Reviewed by: Franklin Wu
Chief Administrative Officer
Submitted by: A.S. Cannella, C.E.T.
Director of Engineering Services
NAC/ASC/dv
November 18,2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
907
REPORT NO.: EGD-053-08
PAGE 2
1.0 BACKGROUND
1.1 The former Corporation of the Town of Newcastle, now the Corporation of the
Municipality of Clarington, entered into a Subdivision Agreement, registered
October 10, 1991, with Martin Road Holdings Limited to develop lands by plan of
subdivision, located in Bowmanville and described as Plan 40M-1734
(Attachment 1). The agreement required the developer to construct all
roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a
storm drainage system and streetlights, hereinafter referred to as the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into five (5)
stages:
a) Storm Sewer System;
b) Roads and Above Ground Services;
c) Tributarv Stormwater ManaQement Works;
d) Water Qualitv Works; and
e) CPR underpass Work (Not Applicable)
1.3 The Storm Sewer Svstem, Tributarv Stormwater Management Works, and Water
Qualitv Works. were issued 'Certificates of Completion' and subsequent
'Certificates of Acceptance' by the Director of Engineering Services, as per the
maintenance requirements set out in the Subdivision Agreement.
1.4 Also, the Roads and Above Ground Services for Phases 2A and 2C of this plan
were previously issued a 'Certificate of Acceptance' by the Director of
Engineering Services.
1.5 The Roads and Above Ground Services for Phase 2B was issued a Certificate of
Completion dated September 21,2006. This initiated a two (2) year
maintenance period, which expired on September 26, 2008. The Works were re-
908
REPORT NO.: EGD-053-08
PAGE 3
inspected at that time and all deficiencies have now been rectified to the
satisfaction of the Director of Engineering Services.
1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Roads and
Above Ground Services. The Subdivision Agreement requires Council approval
prior to the issuance of the 'Certificate of Acceptance' for the Roads and Above
Ground Services.
1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plan 40M-1734 as public
highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
909
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DRAWN BY: E.L.
DATE: November21,2008
REPORT EGD-053-08
A IT ACHMENT NO.1 91 0
G:\Attachments\40M-1734.mxd
ATTACHMENT NO. 2
REPORT NO." EGD-053-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008- XX
Being a By-law to establish, layout and dedicate
certain lands as public highways in the Municipality of
Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the blocks shown on Plan 40M-1734, and listed below in this
section, all being in the Municipality of Clarington, in the Regional
Municipality of Durham, are hereby established, laid out, and dedicated by
the Corporation of the Municipality of Clarington as public highways:
Block 64
Block 65
Block 66
Block 67
Block 69
Block 70
BY-LAW read a first and second time this XXlh day of xxxxx 2008.
BY-LAW read a third time and finally passed this XXlh day of xxxxx 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
911
ATTACHMENT NO": 3
REPORT NO": EGD-053-08
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW 2008- XX
Being a By-law to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the streets and blocks shown on Plan 40M-1734, and listed below in this
section, all being in the Municipality of Clarington, in the Regional Municipality of
Durham, are hereby accepted by the Corporation of the Municipality of Clarington
as public highways, and assumed by the said Corporation for public use:
Aspen Springs Drive
Block 64
Block 65
Block 66
Block 67
Block 69
Block 70
BY-LAW read a first and second time this XXlh day of xxxxx 2008.
BY -LAW read a third time and finally passed this XXlh day of xxxxx 2008.
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
912
Cl!l!.pn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE
Date:
December 1, 2008
Resolution #:
Report #: EGD-054-08
File #:
By-law #:
Subject:
FRONT-ENDING AGREEMENT BETWEEN SCHICKEDANZ BROS. LIMITED
AND THE MUNICIPALITY OF CLARINGTON: DELETION FROM THE TITLE
TO LOTS 13 TO 18 ON REGISTERED PLAN OF SUBDIVISION 40M-2094
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT this Report be received and approved; and
2. THAT Council pass a by-law (Attachment 1) to authorize the Mayor and Municipal
Clerk on behalf of the Municipality of Clarington to enter into the agreement with
511060 Ontario Limited which is referred to in paragraph 2.1 of this Report and to
authorize the Municipality's Solicitor to take all necessary steps to register the
agreement on the title to Lots 13 to 18, inclusive, shown on registered Plan of
Subdivision 40M-2094.
Respectfully by,
l.~ffL2-
~~~~
Submitted by: AS. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jb
November 25, 2008
CORPORATION OF THE MUNICIPALITY OF CLARYi<eTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-054-08
PAGE 2
1.0 BACKGROUND AND PURPOSE
1.1 Registered Instrument No. L T797177 is a Front-Ending Agreement made between the
Municipality and Schickedanz Bros. Limited dated September 25, 1995. It is registered
against the title to a large number of lots including the lands now shown as Lots '13 to
18, inclusive, registered on Plan of Subdivision 40M-2094 owned by 511060 Ontario
Limited.
1.2 The Development Charges Act authorizes the registration of such agreements against
the title to the lands whose owners benefit from the Works front-ended by one
developer. The works front-ended by Schickedanz Bros. Limited are detailed in the
Front-Ending Agreement referred to in paragraph 1.1.
1.3 The registration of Instrument No. L T797177 against the title to Lots 13 to 18 on Plan
40M-2094 was the result of an error. These Lots are not benefited by the works funded
under the Front-Ending Agreement and the Agreement should not have been registered
against them.
1.4 511060 Ontario Limited has requested that the Municipality take steps to delete the
Front-Ending Agreement from title to Lots 13 to 18, inclusive, on Plan 40M-2094.
2.0 CONCLUSION AND RECOMMENDATION
2.1 In consultation with the Land Registrar, the Municipality's Solicitor advises that the most
feasible way of doing this is for the Municipality to enter into an agreement with 511060
Ontario Limited by which it is agreed that the Front-Ending Agreement in question does
not affect the title to Lots 13 to 18, inclusive, on Plan 40M-2094.
2.2 It is recommended that Council pass a by-law to authorize the Mayor and Municipal
Clerk to enter into the agreement referred to in paragraph 2.1 on behalf of the
Municipality and to authorize the Municipality's solicitor to take all necessary steps to
register the agreement on the title to these Lots.
914
REPORT NO.: EGD-054-08
PAGE 3
Attachments:
Attachment 1 - Draft By-law
List of Interested Parties:
915
ATTACHMENT NO.: 1
REPOfH NO.: EGD-054-03
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-XXX
being a by-law to authorize the execution of an agreement
between the Municipality of Clarington and 511060 Ontario
Limited respecting a Front-Ending Agreement between
Schickedanz Bros. Limited and the Municipality dated
September 25, 1995 which is registered on title to lots 13 to
18, inclusive, on registered Plan of Subdivision 40M-2094
WHEREAS at its meeting on December 1, 2008, Council of the Municipality of
Clarington received and approved Report EGD-054-08;
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clarington
are authorized to execute the agreement with 511060 Ontario Limited which is
referred to in paragraph 2.1 of Report EGD-054-08:
2. THAT the Municipality's Solicitor is authorized to take all necessary steps to
register the agreement referred to in section 1 on the title to lots 13 to 18,
inclusive, shown on registered Plan of Subdivision 40M-2094.
By-law read a first and second time this ><XXX day of December, 2008.
By-law read a third time and finally passed this ><XXX day of December, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
916
CI!J!-IDglOn
REPORT
OPERATIONS DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: OPD-009-08
File #:
By-Law #:
Subject:
HEAVY RAIN EVENTS 2008
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report OPD-009-08 be received for information.
Submitted by: Fr~.
B.A., R.D.M.R., R.R.F.A.
Director of Operations
. I'~ ^...s~~_/~~
Reviewed bY\-)
Franklin Wu,
Chief Administrative Officer
FH/wc
1001
REPORT NO. OPD-009-08
PAGE 2
1.0 BACKGROUND:
1.1 This past summer staff responded to several heavy rainfall events in a
short period of time.
During the week starting with Saturday, July 19th Clarington received
.231 mm of rain from four storms that passed through. It is important to
note that 58mm of rain fell within forty minutes on July 19th (Attachment 1).
The normal average for July, based on historical data dating back to 1971,
is 74.9mm. According to the CLOCA precipitation gauge located in
Hampton, Clarington received 332mm of rain. Overall, for the summer
months of June, July and August, Clarington received a record breaking
573.5mm of precipitation which shattered the normal average for this
period of 259mm (Attachment 2).
2.0 Effects on Operations
The active weather certainly impacted our operations. First of all,
$62,367.00 had to be reallocated from the Department's current budget to
respond and take appropriate action to ensure that our road network was
safe to travel. Ditching was delayed and reduced and no roadside
brushing took place in the fall. Only 54 hours of overtime was required
especially with our response after hours on July 23rd.
Lightning hit our Orono Operations Centre and knocked out the fuel
system, computers, telephone, and radio signaler. Even though the
signaler was under warranty, this impacted our current budget by
$11,015.00.
There was a washout of a box culvert on Pebblestone Road west of Trulls
Road which was part of our fall maintenance program. Due to the amount
of work caused by the severe weather, staff had to contract this work at
$15,000.00 in order to save the road from being washed out.
1002
REPORT NO. OPD-009-08
PAGE 3
The outflow from a 60 inch cross culvert eroded the ditch bank and
caused a major washout on Concession Road 7 west of Leskard Road.
The Ganaraska Region Conservation Authority, Department of Fisheries
and Oceans, Engineering and Operations Department are reviewing plans
to remedy the situation. This includes the extension of the existing cross
culvert beneath Concession Road 7 and the impact to fish habitat.
Operations will be taking restorative measures in the interim. The budget
for this work is not known yet, pending approval from Ganaraska Region
Conservation Authority / Department of Fisheries and Oceans.
Concession Road 7 and Langmaid Road cross culvert had to be reset due
to the washout at a cost of $8,700.00. Westlake Subdivision in Solina,
also experienced some major washouts and Engineering is reviewing the
overall drainage and grading plans.
With the amount of precipitation over such a short period of time, the
water table was certainly high and we experienced many shoulders,
roads, ditches, and private properties with flooding issues. Staff has
estimated an additional 2,000 tonnes of gravel at a cost of $22,500.00
were used in restoring our roads and additional patch material in the
amount of $10,000.00.
Due to gusty winds and hail, we had to call in an emergency tree service
to assist with removal as a result of tree damage. This is estimated at
$8,394.00.
Our sports field program also was inconvenienced due to the severe
weather. Over 452 hours of approved permits had to be cancelled due to
unsafe playing conditions. We are fortunate that 25% of the cancellations
rebooked.
1003
REPORT NO. OPD-009-08
PAGE 4
3.0 Stormwater Management Ponds
Staff is still evaluating the impact of the heavy rain events to ensure
proper functioning. This will include regular inspections of the
inlets/outlets, emergency spillway repairs, etc. Most sites will require
some general maintenance including, but not limited to, removing invasive
vegetation, litter control and inlet cleaning. Maintenance efforts for
stormwater management ponds vary from pond to pond.
As some of our ponds are reaching a life cycle where they may require
sediment removal, CLOCA and staff will be undertaking a technical
assessment of some of our ponds to provide a forecast for budget
purposes. As development continues and the inventory of stormwater
management ponds increases, there will be an additional impact to the
maintenance program of the Department. Clarington Operations currently
has twenty-two (22) stormwater management ponds to maintain.
4.0 Assistance and Cooperation
According to all weather records available, Clarington received the most
precipitation in the GTA over a three month period, and especially over the
seven days in July.
Our Department's response to these series of storm cost $147,457.58.
The impact to our 2008 Budget is estimated at $80,000.00.
Staff would like to thank the CLOCA and GRCA for their cooperation and
assistance, and most of all, the public for their patience and understanding
as other maintenance activities have been delayed in order for us to
respond effectively to the storm.
Attachments:
Attachment #1
Attachment #2
July 2008 Heavy Rain Events
Rainfall Comparison - Hampton Gauge
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2291 F (905) 263-44331004
ATTACHMENT NO.: 1
REPORT NO.: OPO-G09-GS
Heavy Rainfall Whitby - Heber Oshawa Airport Clarington -
or Oshawa
Date Down CA Creek @ Hampton CA
Taunton Rd
July 19, 2008 61 mm
July 20, 2008 80mm 78mm 72mm
July 23, 2008 57mm 47mm 47mm
July 26, 2008 72mm 76mm 50mm
August11,2008 58mm 44mm 40mm
1005
..... 200
E
g
:!
c
'iij 150
Q:
ATTACHMENT NO.: 2
REPORT NO.: OPD-009.08
Rainfall Comparison - Hampton Gauge
350
300
250
100
50
o
1006
Clw:ilJgtnn
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Resolution #:
Report #:
CSD-024-08
File#:
By-law #:
Subject:
MUNICIPAL GRANT REVIEW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. That Report CSD-024-08 be received;
2. That the revised Community Grant Policy (Attachment #1) and Community Grant
Application Form (Attachment #2) be approved;
3. That funding requests historically received through the Municipal Grant Program from
the Newcastle Community Hall, Community Care Durham-Clarington and the Clarington
Older Adult Association be re-directed to the Municipal budget process;
4. That funding of the Municipal Grant Program of $1 per capita be preserved; and
5. That requests from Community Organizations for financial assistance or for the waiving
of fees for Municipal Recreation Facilities received by the Clerks Department be
forwarded directly to the Community Services Department for an eligibility review and
report to the General Purpose and Administration Committee.
Submitted by: J//'"""~
o e . Caruana
'rector of Community Services
Reviewed bY:O~-=:'" ~
Franklin Wu
Chief Administrative Officer
JPC/SM/SC/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)6~3-3379 F (905)623-5506
1201
REPORT NO.: CSD-024-08
PAGE 2
1.0 BACKGROUND
1.1 For many years the Municipality of Clarington has provided a grant program for
local organizations and groups who provide direct programs and services to the
residents of Clarington.
1.2 The current Municipal Grant Program is funded by the Municipality on a $1 per
capita basis. In 2008, the available grant fund totalled $80,000.
1.3 In September 2007, a staff report recommended revisions to the current program
in the area of eligibility. Several changes were recommended and subsequently
approved in report CSD-014-07. As indicated in the report, staff identified that
the current grant program would evolve over time to address the needs of a
growing community. It was noted that the grant program would be reviewed with
modifications being recommended on an on-going basis.
1.4 During the previous grant cycle Members of Council requested a review and
recommendations pertaining to the following;
· organizations receiving funding from the Municipal Grant Program and
the municipal budget process
· processing of requests received after the deadline
. requests from individuals
· Rotary Club, Canada Day Fireworks
Staff has considered these items and is proposing some changes as a result of
the review.
2.0 SUMMARY OF PROPOSED CHANGES EFFECTIVE 2009 GRANT PROCESS:
2.1 Applicants Currently Receivinq Greater than $5.000 Fundinq from the
Municipality of Clarinqton
2.1.1 The current criteria states that grant requests to the Municipal Grant Program
must not exceed $5,000; however, there is a historical exception in practice
pertaining to particular groups with funding in excess of $5,000 that are
transferred directly through to the municipal budget process.
2.1.2 Currently there are three organizations, Newcastle Community Hall, Community
Care Durham-Clarington and the Clarington Older Adult Association who apply
through the Municipal Grant Program for the initial $5,000 of their request and
receive the balance of their request through the municipal budget process.
2.1.3 For 2009, staff recommends that the Municipal Grant Program be limited to
$5,000 with no other source of municipal funding and the three applicants
(Newcastle Community Hall, Community Care Durham-Clarington and the
1202
REPORT NO.: CSD-024-08
PAGE 3
Clarington Older Adult Association) be removed from the Municipal Grant
Program and funded solely through the municipal budget process. This change
would provide a consistent process for Organizations receiving greater than
$5,000 in annual funding from the Municipality. There are presently several
organizations who receive municipal funding in excess of $5,000 who do not go
through the Municipal Grant Program but where consideration is given directly
through the budget process. (Firehouse Youth Centre, Visual Arts Centre and
Clarington Museums and Archives)
2.2 Applications Received after the Deadline
2.2.1 Traditionally applications for the Municipal Grant Program are available toward
the latter part of the year for the upcoming year. Annually an application
deadline is established after which staff completes a review of requests received
and prepares a report for Council's consideration. It has been the past practice
of Council not to allocate the full funding amount on the initial requests, but to
hold back a portion of the overall amount to be allocated on requests that are
received throughout that calendar year.
2.2.2 Currently requests for funding received after the established "deadline" have
been sent directly to Council and are generally referred back to staff for review
and a report. For 2009, staff is recommending that all requests for funding
regardless of when they are received require an application and be sent directly
to Community Services for review and a report to Council. By having requests
sent directly to Community Services, staff expects this change will expedite the
process from the current timeline.
2.3 Boards of Council and Hall Boards
2.3.1 Presently there are 15 Boards that are recognized by the Municipality. Staff has
reviewed the funding history of the various Boards. Some Boards annually
request/receive funding and others that have not requested any funding in the
recent past.
2.3.2 While it was suggested that there may be a way of funding Hall Boards in a more
consistent fashion, staff have determined that by creating a annual consistent
formula for funding Hall Boards we would be funding groups that may not need
support in a particular year and therefore have less resources to fund
Organizations who require funding in a given year.
2.3.3 Staff recommend that the present process of reviewing each application,
including Boards of Council and Hall Boards requesting less than $5,000
annually on its own merits, continues.
1203
REPORT NO.: CSD-024-08
PAGE 4
2.4 Requests from Individuals
2.4.1 In 2008, three requests were received from individuals seeking financial support
from the Grant Program. Two were for events that were singular in nature and
did not benefit the community in general and one request from an individual for a
community fundraising event as a result of a local disaster.
2.4.2 The current objective of the Municipal Grant Policy is geared to established
Organizations as opposed to individuals or informal groups. Staff recommends
this requirement continue as this is in line with the intent and "purpose" of the
policy and ensures that funds granted have a wider impact and positive result for
the community.
2.5 Rotary Club Fireworks. Canada Dav in Clarinqton
2.5.1 From 1998 to 2002 the Municipality,~hrough the Communications and Marketing
Division, provided a community fireworks display at Mosport Speedway on the
May 24th weekend, in conjunction with the Backyard Festival. This event was
discontinued in 2003.
2.5.2 In 2005, the Rotary Club of Courtice received funding to offset the costs of the
initial "Canada Day in Clarington" event, which included a fireworks display, at
the Garnet B. Rickard Recreation Complex. Funding through the Municipal
Grant Program was extended annually up to and including 2008.
2.5.3 While Canada Day Celebrations have historically been well received and attend
by residents, under the current funding criteria the Rotary Club are ineligible to
receive funding through the Municipal Grant Program as they are a Service Club.
2.5.4 Staff has reviewed the criteria in regard in service club eligibility and it is
recommended that the criteria remain unchanged in order to maintain the
integrity of the grant program.
3.0 CONCLUSION
3.1 The Municipal Grant Program is in place to support the many volunteer and
not-for-profit community organizations and associations based in Clarington. At
this time Staff recommends the title of this program be changed to better reflect
the target audience; in future, staff will be referring to this program as the
"Community Grant Program".
3.2 The Municipal Grant Program has proven to be an effective vehicle which allows
Council to acknowledge and support the efforts of our local volunteer community
and not-for-profit agencies that provide services, events or projects which benefit
the community.
1204
REPORT NO.: CSD-024-08
PAGE 5
3.3 The revisions presented in this report and the acknowledgement that the policy
must continue to evolve as our community grows will ensure that the Municipal
Grant program will provide the much needed support to the community into the
future, in a fiscally responsible manner.
4.0 INPUT FROM OTHER SOURCES
4.1 This report has been reviewed for recommendation by the Recreation Services
Manager, with the appropriate departments and circulated as follows for:
Concurrence: Director of Finance
Attachment #1 - Community Grant Policy
Attachment #2 - Community Grant Application Form
1205
Attachment # 1
to CSD-024-08
C/D!Jl]glon
COMMUNITY GRANT POLICY
1. PURPOSE:
The Municipality of C1arington acknowledges the efforts of our local volunteer
community and believes that many services, events or projects are best provided
through the volunteer efforts of local community organizations. Community Grant
funding demonstrates CO':lncil's commitment to working with community organizations
without eroding their strength and independence and encourages organizations to work
toward financial self sufficiency. The Community Grant program provides financial
assistance to not-for-profit, volunteer community organizations to provide direct
services, events or programs to the benefit of the residents ofC1arington.
This policy establishes eligibility requirements and the application process. Applicants
are further encouraged to pursue other opportunities for financial support.
2. ELIGIBIL TYCRITERIA:
The following may be eligible for a Municipality of C1arington Community Grant:
1) Not-for-profit or volunteer based organizations within the Municipality of
C1arington or the Region of Durham delivering programs, events or services to the
residents of C1arington. Regionally based organizations must provide details
demonstrating how their service will directly benefit the residents of C1arington.
3. FUNDING CATAGORIES:
1) Recreation/Leisure
· is defined as those organizations offering athletic or leisure opportunities not
offered by the Municipality
2) Civic
· is defined as those organizations providing events or services promoting the
Municipality of C1arington which could be expected to bring economic
and/or public relations benefit to the Municipality
Community Services Department
CSD-024-08
1206
3) Social
. is defined as those organizations offering a specific service (other than
recreationaVleisure) to residents of the Municipality, which is not
considered to be the responsibility of another level of government
4) Boards of Council and Hall Boards
. is defined as a group of individuals appointed by Council who manage and
maintain a municipally owned facility. (Please note; grants will be
considered for operational expenses only. Capital requests must be referred
to the appropriate municipal representative for consideration during the
annual municipal budget process)
4. PURPOSE OF GRANT:
Grants may be provided to eligible applicants as defined above, for:
. General operating and capital expenses (with the exception of Hall Boards
who may only apply for general operating) up to a $5,000 maximum
. Activities/events generally occurring within municipal boundaries; or
. For programs, activities and events addressing a community need or
contributing to the positive image of the municipality
The Community Grant Program is not intended to provide funding:
. In excess of$5,000
. To organizations with a political mandate, such as citizen ratepayers
associations
. To individuals
. To organizations that provide services or programs that are the
responsibility of another level of government
. To organizations not in good financial standing with the Municipality of
Clarington
. To organizations that make donations; or
. For debt repayment
5. COMMUNITY GRANT APPLICATION:
Applications are available from the Municipal Administrative Centre or the
Municipality's website as of November 1st each year. Completed applications are due
by early December or as outlined in the public notice published annually. Late
submissions will be accepted pending the availability of funds.
I) Applications will be accepted only from organizations with an elected
executive and one of the following:
Community Services Department
CSD-024-08
1207
. A constitution, a mission statement, or a statement of purpose
2) All requests for funding must be accompanied by a fully completed
"Community Grant Application" and must be forwarded to the Community
Services Department.
3) Applications must be legible, completed in full, signed and include all
required documentation.
4) Successful applicants may be required to submit a year end accounting
of all grant dollars received from the Municipality.
Community Services Department
CSD-024-08
_1208
Attachment # 2
to CSD-024-08
CJ!J!.4!gton
COMMUNITY GRANT APPLICATION - ORGANIZATION
Note:
The following are to be included with this application:
(a)
(b)
(c)
(d)
(e)
A statement of the organization's/association's constitution, a mission or statement of purpose.
A copy of the organization 's/association 's. executive list.
Statement of Estimated Revenues and Expenditures (sample attached-please reler to
instructions on the ~d page of this form).
Description of services and programs offered and geographical area served by your organization.
Description of clientele participating or utilizing services/programs.
Orga n ization' Association
Name
I Telephone
Add ress
Municipality
I Province
I Postal code
Contact Information
Name I Position
Financial Assistance Requested
2009 Request (insert dollar figure)
I Telephone
2008 Receipt, if applicable (insert dollar
figure)
Certification
We certify that, to the best of our knowledge, the information provided in this Application for a
Community Grant is accurate and complete, and endorsed by the organization which we represent.
Name
Position with
Organization/Association
Date
Name
Position with
Organization/Association
Date
Office Use Only
o Meets Policy
o Does Not Meet Policy (state reason)
1
CSD-024-08
1209
C/Ningron
COMMUNITY GRANT APPLICATION - ORGANIZATION
Instructions for the Use of this Form
Part 1: Expenditures
Summarize and list operating expenditures by major object of expenditure classification
for your organization's fiscal year (12 month operation) as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Personnel Costs
Costs for regular full-time, part-time and overtime salaries as well as the cost for all benefits paid
(Unemployment Insurance, Canada Pension Plan, Employer Health Tax, etc.).
Office Supplies
Cost for office supplies, printing and reproduction, books, subscriptions, postage.
Buildinq/Equipment Supplies
Cost for janitorial materials and supplies, paint, hardware and small tools, automobile parts and
accessories, gas, oil and propane.
Professional Services
Advertising, communications, insurance, meals, travel, educational charges, consultant's fees
and other services.
Maintenance and Repair
Maintenance, rental and repair of buildings, vehicles and equipment.
Utilities
Heat, hydro, sewer and water.
Capital
Cost for acquisition of all items of equipment, furniture, land, buildings and major improvements.
Contributions and Financial Charqes
Costs for contributions/donations made to ot.hers, interest and principal payments of debt,
provision for reserves for future purchases, bank, collection charges, etc.
Part 2: Revenue
List all sources of revenue received:
(a) Grants - Provincial, Federal, United Way, Lottery, etc. (excluding grants from the Municipality of
C/arington)
(b) Sales of Goods or Services
(c) Membership Fees
(d) Donations
(e) Other Revenue
(f) Previous Year's Surplus or (Deficit)
Part 3
Enter your net (deficit) or surplus: (1) minus (2).
Part 4
Enter grants from the Municipality of Clarington.
Part 5
Enter your net (deficit) or surplus: (3) plus or minus (4).
2
CSD-024-08
1210
C~i!]gtOn
COMMUNITY GRANT APPLICATION - ORGANIZATION
Statement of Estimated Revenues & Expenditures (to nearest dollar)
Organization Name
Fiscal Year (month to month for 12 months)
2007 2008 2009
Actual Forecast Estimate
(1) Expenditures $ $ $
a) Personnel Costs
b) Office Supplies
c) Building/Equipment Supplies
d) Professional Services
e) Maintenance and Repair
f) Utilities
g) Capital
h) Contributions and Financial Charges
Total Gross Expenditures
(2) Revenue
a) Grants
b) Sales of Goods or Services
c) Membership Fees
d) Donations
e) Other Revenue
f) Previous Year's (Deficit)/Surplus
Total Revenue
(3) Net (Deficit)/Surplus Before
Grants from the Municipality of
Clarington
(1) minus (2)
(4) Grants from the Municipality
(5) Total Net (Deficit)/Surplus
Name Position with Date
Organ ization/ Association
3
CSD-024-08
1211
CJNilJgron
COMMUNITY GRANT APPLICATION - ORGANIZATION
Declaration and Acceptance of Conditions
I Organization Name:
Address:
1. In the event that the funds allocated are not used for the services, event or project as
described in the application, or if there are misrepresentations in the application, the full
amount of the financial assistance may be payable forthwith to the Municipality.
2. If there are any changes in the funding of the services, event or project from that contemplated
in the application, the Municipality will be notified of such changes through the Community
Services Department.
3. The applicant will make or continue to make attempts to secure funding from other sources.
4. The applicant will keep proper books of accounts of all receipts and expenditures, relating to
the services, event or project described in the application.
5. The applicant will retain and make available for inspection by the Municipality or its auditors all
records and books of accounts of the Organization upon request from the Municipality, (which
may be made within two years of the grant award).
6. If the services, event or program proposed in the applicant's application are not commenced,
or are not completed and there remain municipal funds on hand, or if the services, event or
project are completed without requiring the full use of the municipal funds, such funds will be
returned to the Municipality.
7. The applicant agrees that the services, event or project shall not be represented as a
Municipal service, event or program, and that the applicant does not have the authority to act
as an agency of the Municipality in any way, the only relationship being that the Municipality
has approved and granted financial assistance to the applicant.
8. The applicant agrees to provide the Municipality a year end summary confirming the financial
assistance provided by the Municipality was used for the services, event or project as
described in their application. Failure to provide such documentation will rule them ineligible
for further financial assistance under this program.
We certify that, to the best of our knowledge, the information provided herein is accurate and
complete and is endorsed by the Organization, which we represent.
Name:
Title:
Signature:
Date:
Name:
Title:
Signature:
Date:
This application must be singed by two (2) Members of the Executive.
4
CSD-024-08
1212
Cl{J!.-!lJgton
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
DECEMBER 1, 2008
Resolution #:
Report #: CSD-025-08
File#:
By-law #:
Subject:
CLARINGTON OLDER ADULT ASSOCIATION STRATEGIC PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-025-08 be received for information.
ph P. Caruana
rector of Community Services
O~0Jc
Reviewed by:
Franklin Wu
Chief Administrative Officer
SM/wg
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1213
REPORT NO.: CSD-025-08
PAGE 2
1.0 BACKGROUND
1.1 On July 14, 2008, Council received and referred correspondence (Attachment
#1) to staff from Angie Darlison, Executive Director, Clarington Older Adult
,Association, requesting the Municipality's as'sistance in developing a strategic
plan to address membership growth, facility availability and potential need for
satellite programming to assist the Association in continuing to implement their
mission of promoting the well-being of older adults through the provision of
affordable programs and activities.
2.0 COMMENTS
2.1 Since 1998, the Clarington Older Adult Association has been providing quality
programs and services to the older adult population of Clarington, mainly through
the facility located at 26 Beech Avenue. During that time, the Association has
experienced significant growth, from an initial membership of 266 to a projected
membership of 1,100 in 2009.
2.2 The Clarington Older Adult Association has done an admirable job of servicing
the expanded membership; however, the growth has challenged the availability
of program space and parking facilities at the Beech Centre. Demographic
trends indicate that this growth will continue to increase as the baby boom
generation ages.
2.3 Staff concurs with the need for the COM to develop a Strategic Plan which will
guide the organization in managing their growth, review new opportunities for
service delivery and address current and future facility requirements to ensure
that the future needs of older adults of Clarington are adequately addressed.
2.4 The COM has requested, through the Finance Department, that funding for the
development of the Strategic Plan be allocated from the Clarington Older Adult
Centre Municipal Reserve Fund.
2.5 Staff will continue to work with the Clarington Older Adult Association to develop
a terms of reference for the study and will report back to Council at an
appropriate time.
1214
CLARINGTON
OLDER
ADULT
ASSOCIATION
Operated by the CllriftJlOn Older Adult Cenw Board
26 Beech Avenue,
Bowmanville, ON
11 C 3A2
905.697.2856
Fax: 905.697.0739
coaa@bellnet.ca
Attachment # 1
CSD-025-08
..'
AGENDA
RECEIVED
Mayor Jim Abernethy
& Council
40 Temperance St.
Bowmanville, ON
L1 C 3A6
JUL - 9 2008
MUNICIPALITY OF CLARINGTON
MAYOR'S OFFICE
Dear Mayor Abernethy and Council,
.
This letter is to request assistance from the Municipality
be provided to the Clarington Older Adult Centre
Board to facilitate a strategic plan.
In light of our current situation as in relates to our
anticipated membership growth, facility availability,
and the potential need to satellite program within our
Municipality it has been recommended by Municipal
staff that we undergo a formal planning process.
As always our association appreciates the support
provided by the Municipality of Clarington and we
hope that you will continue to work together with us to
implement our mission: 'To promote the well-being of
older adults through the provision of affordable
programs and activities' .
Sincerely,
~~
Angie Darlison
Executive Director
Cc: COACB Board of Directors
www.c1aringtonolderadults.ca
1215
Clwiggton
REPORT
COMMUNITY SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
DECEMBER 1, 2008
Resolution #:
Report #: CSD-026-08
File #:
By-law #:
Subject:
DECOMMISIONING NEWCASTLE LIONS POOL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CSD-020-08 be received;
2. THAT staff be authorized to take the necessary action to decommission the
Newcastle Lions Pool;
3. THAT the property be transferred to the Municipal Parkland Inventory;
4. THAT staff be authorized to liaise with the Lions Club of Newcastle in designing
and dedicating an appropriate commemorative plaque;
5. THAT all necessary funds be drawn from the proposed 2009 Newcastle Lions
Pool operating budget; and
6. s Club of Newcastle be advised of action taken.
ReViewedbQ~~
p aruana Franklin Wu
ctor of Community Services Chief Administrative Officer
JC/bc
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506
1216
REPORT NO.: CSD-026-08
PAGE 2
1.0 BACKGROUND
1.1 With the recent opening of the Newcastle & District Recreation Complex staff has
assessed the need to continue operating the Newcastle Lions Outdoor Pool.
1.2 The Newcastle Lions Pool originally donated to the Municipality by the Lions Club
of Newcastle in 1975 has been a valuable community facility for the past thirty-
three (33) years. Since that time literally thousands of adults and children alike
benefited from the various programs and public swimming offered at this facility.
2.0 BUILDING CONDITION ASSESSMENT
2.1 In 2003 staff commissioned Totten Sims Hubicki Associates to complete a
Building Condition Assessment of the Newcastle Lions Pool. Through that
assessment the consultants found the facility to be in fair to poor condition and
provided various recommendations related to capital upgrades to maintain the
facility in a safe operating condition.
2.2 Notwithstanding the remedial work performed each year since the assessment,
the consultants also identified replacement of major components at the 5 year
plateau (2008), with an estimate of $450,000 required to upgrade the facility.
2.3 Staff, has identified these requirements through the capital forecast provided as
part of the Budget process. Specifically staff has identified sixty-five thousand
dollars ($65,000) in 2009, forty thousand ($40,000) of which represents
consulting requirements and preparing specification/construction drawings in
anticipation of major capital replacement in 2010 totaling four hundred thousand
dollars ($400,000). No financing has been secured for this cost as of yet.
2.4 The proposed scope of work in 2010 is to include the following:
· Demolition of entire building
· Replacing pool building
· Installing new metal pool tank side walls
· Install all new piping and fittings
· New concrete pool apron
· Replacing perimeter fencing
3.0 OPERATING EXPENDITURES
3.1 Newcastle Lions Pool is a seasonal facility which typically opens from Canada
Day to Labour Day each year consisting of a nine week operating season.
3.2 In reviewing the 2008 actual cost for the operation of the Newcastle Lions Pool it
1217
REPORT NO.: CSD-026-08
PAGE 3
is anticipated that the facility will have operated at a $55,000 deficit. Further,
2009 budget proposals identify an operating deficit of $45,500.
3.3 Coupled with the capital requirements and the opening of the Newcastle &
District Recreation Complex, it is apparent that staff cannot substantiate a
recommendation to continue operating the Newcastle Lions Pool.
4.0 DECOMMISIONING OF THE FACILITY
4.1 Preliminary costs to decommission the facility and prepare the site for use as
parkland is estimated at $40,000. Through discussions with the Director of
Finance it is suggested that if decommissioning is approved that the 2009 budget
for operating expenses be used to offset decommissioning costs.
5.0 LIONS CLUB OF NEWCASTLE
5.1 Recognizing that the facility was donated to the Municipality by the Lions Club of
Newcastle and understanding the sensitive nature of decommissioning a
community facility, staff has met with the president of the Lions Club of
Newcastle and with current members that were directly associated with the
fund raising/efforts undertaken back in the early 70's.
5.2 We are pleased to report that given the current condition of the facility and the
associated expenses to renovate and operate the facility, the Lions Club is
supportive of the recommendations to decommission the Newcastle Lions Pool.
5.3 In recognition of the dedication and commitment of the Lions Club of Newcastle
to our community, it is recommended that a plaque commemorating the
Newcastle Lions Pool and the efforts of the members of the Newcastle Lions be
erected at a public ceremony, in the fireplace lounge within the Newcastle &
District Recreation Complex.
6.0 INPUT FROM OTHER SOURCES ..
6.1 This report has been reviewed with the appropriate departments and circulated
as follows for:
Concurrence: Director of Finance
Director of Engineering Services
Interested party to be advised of Councils decision:
Jim Sandberg, President
Lions Club of Newcastle
1218
Clocmgron
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: CLD-031-08
File#:
By-law #:
Subject:
KENDAL CROWN LAND
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-031-08 be received;
2. THAT By-law 81-22 being a by-law to authorize the issuance of license to hunt
pheasants and rabbits during the open season, and any of its amendments, be
repealed; and
3. THAT Ian Deslauriers, Ontario Federation of Anglers and Hunters be advised of
Council's decision.
Submitted by: Pt' . ar', CMO
Municipal Clerk
()~~W~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1301
REPORT NO.: CLD-031-08
PAGE 2
BACKGROUND AND COMMENT
In 1981, the Council of the Town of Newcastle passed a by-law authorizing the Game
Commission to issue and charge fees for licenses to hunt pheasants and rabbits on the Kendal
Crown Land. The Game Commission has ceased to operate, however, the Municipality has
taken over the issuance of the licences.
The Ontario Federation of Anglers and Hunters is looking into the possibility of taking over
management of the Kendal property from the Ministry of Natural Resources and has requested
that the municipality remove this small game licence.
Although a firm plan for the property has not yet been finalized, they are looking at providing
controlled hunts from pheasant using local clubs to develop and manage the various
components of the pheasant hunt. In addition, they are considering providing put and take
fishing in the ponds a developing a more formal trail system to meet the needs of local
residents. There is also the option of providing a site for hunting dog trials and for providing
controlled hunting on portions of the property related to deer and wild turkey.
In order for the OFAH to consider taking over the management of the property, they require the
removal of the small game licence, for which a fee of $50 is being charged. The fee was
originally set up to provide funds in support of a controlled pheasant hunt on the Kendal
property. It is the Association's intention to raise the funds for the hunt directly from the
pheasant hunters who will visit the site in the future.
In order to allow the Association the opportunity to develop the Kendal property, it is
recommended that By-law 81-22, and any amendments thereto, be repealed.
Interested parties to be advised of Council's decision:
Ian Deslauriers
Member Service Coordinator
Services/Speciallnitiatives
Ontario Federation of Anglers and Hunters
1302
REPORT NO.: CLD-031-08
PAGE 3
Interested Parties List
Ian Deslauriers
Member Service Coordinator
Services/Speciallnitiatives
Ontario Federation of Anglers and Hunters
P.O. Box 2800
Peterborough, ON K9J 8L5
1303
CJigpn
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: CLD-032-08
File #:
By-law #:
Subject:
REPEAL OF HERITAGE DESIGNATION BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-032-08 be received;
2. THAT the by-law attached to Report CLD-032-08 as Attachment NO.1 to repeal the
designation of 25-27 King Street West, Bowmanville, be forwarded to Council;
3. THAT the Municipal Clerk be authorized to carry out all actions necessary to complete
the process of repealing the property designation pursuant to the Ontario Heritage Act,
R.S.O. 1990, c.0.18 and detailed within Report CLD-032-08; and
4. THAT the property owner, the Clarington Heritage Committee and the Ontario Heritage
Trust be advised of Council's decision.
Submitted by: . B ie, CMO
Municipal Clerk
()~Q~~
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
1304
REPORT NO.: CLD-032-08
PAGE 2
BACKGROUND AND COMMENT
With the adoption of Report PSD-103-08, Council authorized the Municipal Clerk to proceed
with the repeal of the heritage designation of 25-27 King Street West, Bowmanville.
The Notice of Intention to Repeal the Designation has been published in the local newspaper.
The period for filing objections to the repealing by-law expired on November 28. 2008 and no
objections have been received. It is now appropriate that the designation process continue as
follows:
. Repeal of Designation by-law being passed by Council
. Publication of notice of passing of by-law in the local newspaper
· Certified copy of the by-law forwarded to the Ontario Heritage Trust
It is recommended that the by-law be passed by Council.
Interested parties to be advised of Council's decision:
Clarington Heritage Committee Members
Bethesda House of Mercy
Ontario Heritage Trust
Bert Duclos, Heritage Advisory, Ministry of Culture
1305
Attachment No. 1 to
Report CLD-032-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a by-law to repeal By-law 92-81, a by-law to designate the
property known for municipal purposes as 27 King Street West,
Bowmanville, as a property of historic or architectural value or
interest under the Ontario Heritage Act
WHEREAS with the passage of By-law 92-81, the property located at 27 King
Street West was designated as a property of historic or architectural value or
interest under the Ontario Heritage;
AND WHEREAS the Council of the Municipality of Clarington adopted the
recommendations contained in Report PSD-103-08 recommending the repeal of
By-law 92-81;
AND WHEREAS the requirements of the Ontario Heritage Act have been met
and no objection to the repeal of the by-law has been received;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE
MUNICIPALITY OF CLARINGTON:
1. THAT By-law 98-81 is hereby repealed.
By-law read a first, second, third time and finally passed this 8th day of December
2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1306
c;l.fll-!lJgton
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: CLD-033-08
File#:
By-law #:
Subject:
ZONING INFRACTION - KINGSVIEW COURT, COURTICE -
MR. ALFRED FRENDO-CUMBO
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-033-08 be received;
2. THAT the weight restriction contained in Section 3.16(g) of the Municipality's Zoning
By-law 84-63, as amended, be upheld on Kingsview Court, Courtice; and
3. THAT Alfred Frendo-Cumbo be advised of Council's decision.
Submitted by:
/"~~
~I
. Reviewed by: ranklin 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
1307
REPORT NO.: CLD-033-08
PAGE 2
BACKGROUND AND COMMENT
On October 14, 2008, Council considered and referred to the Municipal Clerk correspondence
from Mr. Alfred Frendo-Cumbo regarding the parking of an overweight vehicle in his driveway.
The situation of the truck came to the attention of the Municipal Law Enforcement Officers
when investigating a complaint of a similar sized truck parking on the same street. This
vehicle was parked in violation of the Municipality's Traffic By-law 91-58, as amended, which
prohibits vehicles in excess of 5000 kilograms from being parked on the street in residential
areas.
Mr. Frendo-Cumbo was advised that the Municipality's Zoning By-law allows one commercial
motor vehicle to be parked on residentially zoned property provided the vehicle, at capacity,
does not exceed 4 tonnes. The vehicle in question has a gross vehicle weight of 6500
kilograms, 2.5 tonnes in excess of the maximum size allowed on residentially zoned property.
Mr. Frendo-Cumbo advises that each morning he drives to Toronto to load the vehicle and
then delivers the products and returns with the empty vehicle. He is, therefore, of the opinion
that he is not in violation of the Zoning By-law. As the vehicle is never loaded when it is in his
driveway, Mr. Frendo-Cumbo argues that the gross vehicle weight of a vehicle does not apply
in this instance and that he was issued the letter from the Municipal Law Enforcement Division
in error.
Vehicles registered as having a gross vehicle weight in excess of 4 tonnes are quite large.
The weight restriction included in the Zoning By-law is intended to prohibit these large vehicles
from parking in residential areas as they impede visibility for adjoining neighbours and local
traffic, causing safety hazards (see photograph attached as Attachment No.1). In enforcing
the weight restriction cause in the by-law, the Municipal Law Enforcement Officers have no
knowledge of whether or not a parked vehicle contains a full load or not, thus the "at
capacity" gross vehicle weight must be relied upon.
1308
REPORT NO.: CLD-033-08
PAGE 3
In order to maintain the integrity of the Zoning By-law and to ensure the safety of the residents
of the neighbourhood, it is respectfully recommended that the weight restriction for parking
vehicles on residential property be upheld and that Mr. Frendo-Cumbo be advised that the
requirements of the by-law were properly enforced in this instance.
Interested parties to be advised of Council's decision:
Mr. Alfred Frendo-Cumbo
1309
Attachment No. 1
To Report CLD-033-08
1310
Cloc-ilJgron
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: DECEMBER 1, 2008
Report #: CLD-034-08
File #:
By-law #:
Subject:
SCHEDULE OF MEETINGS - 2009 - 2010
RECOMMENDA TIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report CLD-034-08 be received;
2. THAT the meeting schedule for 2009 and 2010 be amended as reflected in
Attachment No.1 attached to Report CLD-03408.
Submitted by:
()~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1311
REPORT NO.: CLD-034-08
BACKGROUND AND COMMENT
PAGE 2
In December 2006, Council adopted the meeting schedule for the term of Council. In
preparing the schedule, March break was taken into consideration and no meetings were
scheduled for those weeks. It has come to our attention that for 2009 and 2010, the weeks
for March break were calculated in error. Accordingly, it is recommended that the attached
schedule of meetings for 2009 and 2010 be adopted, such that there will be no Committee
or Council meeting scheduled for the weeks of March 16 to 20, 2009, and March 15 to 29,
2010.
1312
Attachment No. 1
To Report CLD-034-08
2009
Monda Janua 5 9:30 a.m. GPA
Monda Janua 12 7:00 .m. Council
Monda Janua 19 9:30 a.m. GPA
Monda Janua 26 7:00 .m. Council
Monda Februa 2 9:30 a.m. GPA
Monda Februa 9 7:00 .m. Council
Monda Februa 23 9:30 a.m. GPA
Monda March 2 7:00 .m. Council
Monda March 9 9:30 a.m. GPA
Mohda March 23 7:00 .m. Council
Monda March 30 9:30 a.m. GPA
Monda A ril6 7:00 .m. Council
Monda Aril 20 9:30 a.m. GPA
Monda A ri127 7:00 .m. Council
Monda Ma 4 9:30 a.m. GPA
Monday May 11 7:00 p.m. Council
Monda Ma 25 9:30 a.m. GPA
Monda June 1 7:00 .m. Council
Monda June 8 9:30 a.m. GPA
Monda June 15 7:00 .m. Council
Monda June 22 9:30 a.m. GPA
Monda June 29 7:00 p.m. Council
Monda Jul 6 9:30 a.m. GPA
Monda Jul 13 7:00 .m. Council
July 14 through September 13 at the Call of the Chair
Monda Se tember 14 9:30 a.m. GPA
Monda Se tember 21 7:00 .m. Council
Monda Se tember 28 9:30 a.m. GPA
Monda October 5 7:00 p.m. Council
Monda October 19 9:30 a.m. GPA
Monda October 26 7:00 .m. Council
Monda November 2 9:30 a.m. GPA
Monda November 9 7:00 .m. Council
Monda November 16 9:30 a.m. GPA
Monda November 23 7:00 .m. Council
Monda December 7 9:30 a.m. GPA
Monda December 14 7:00 .m. Council
2010
Monday January 4 9:30 a.m. GPA
Monday January 11 7:00 p.m. Council
Monday January 18 9:30 a.m. GPA
Monday January 25 7:00 p.m. Council
Monday February 1 9:30 a.m. GPA
Monday February 8 7:00 p.m. Council
Monday February 15 9:30 a.m. GPA
Monday February 22 7:00 p.m. Council
Monday March 1 9:30 a.m. GPA
Monday March 8 7:00 p.m. Council
Monday March 22 9:30 a.m. GPA
Monday March 29 7:00 p.m. Council
Tuesday April 6 7:00 p.m. GPA
Monday April 12 7:00 p.m. Council
Monday April 19 9:30 a.m. GPA
Monday April 26 7:00 p.m. Council
Monday May3 9:30 a.m. GPA
Monday May 10 7:00 p.m. Council
Monday May 17 9:30 a.m. GPA
Monday May 31 7:00 p.m. Council
Monday June 7 9:30 a.m. GPA
Monday June 14 7:00 p.m. Council
Monday June 21 9:30 a.m. GPA
Monday June 28 7:00 p.m. Council
July and August at the Call of the Chair
Tuesday September 7 7:00 p.m. GPA
Monday September 13 7:00 p.m. Council
Monday September 20 9:30 a.m. GPA
Monday September 27 7:00 p.m. Council
Monday October 4 9:30 a.m. GPA
Monday October 18 7:00 p.m. Council
1314
Cl!Jlw,gton
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: CLD-035-08
File#:
By-law #:
Subject: PROPOSED IDLING CONTROL BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-035-08 be received;
2. THAT the By-law to prohibit excessive vehicle idling, attached to Report CLD-035-08,
be forwarded to Council for approval; and
3. That the interested parties listed in Report CLD-035-08 be advised of Council's
decision.
Submitted by:
cJ~fJ2 -=- /~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1315
REPORT NO.:CLD-035-08
BACKGROUND
In the spring of this year Council heard a delegation from a gentleman, Aiden Tombs,
concerning the environmental impact of vehicle idling within the Municipality. This matter was
referred to staff for study and comment.
COMMENT
Since the signing of the Kyoto Protocol in 1997, countries, provinces, states and municipalities
have become more aware of the impact of "greenhouse gases" on the global environment.
One source of these gases comes from unnecessary vehicle idling. Pollution from greenhouse
gas emissions also causes climate change.
Canadian motorists idle their vehicles an average of five to 10 minutes per day. A recent study
suggests that in the peak of winter, Canadians voluntarily idle their vehicles for a combined
total of more than 75 million minutes per day - equivalent to one vehicle idling for 144 years.
All these harmful gases entering the air is another problem. Health Canada estimates more
than 5,000 Canadians die prematurely each year because of air pollution.
FACTS ABOUT IDLING
(Source: CBC News In Depth November 25, 2005)
1. Fact: If every driver in Canada avoided idling for five minutes in one day; we would save
2.5 million litres of fuel worth approximately $2 million at current rates.
2. Fact: If every driver in Canada avoided idling for five minutes per day every day of the
year, we would prevent more than 2.2 million tonnes of carbon dioxide from entering
the atmosphere.
1316
REPORT NO.:CLD-035-08
PAGE 3 OF 5
3. Fact: If every Canadian driver, reduced their engine idling by five minutes a day, every day
of the year, they would save about 55 litres of fuel worth about $45 ($0.82 per litre)
and 131 kilograms of carbon dioxide into the air.
4. Fact: If every Canadian driver reduced their idling by five minutes per day, every day of
the year, it would be equal to removing 379,310 vehicles from the road.
5. Fact: Idling for more than 10 seconds costs more than turning off your engine.
6. Fact: A recent study in the City of Toronto found that more than one third (35-45%) of
parents idle their vehicles while waiting to pick up their children.
7. Fact: Service delivery vehicles spend 20-60% of their time idling, which costs fleet owners
a great deal of money and gets them nowhere.
8. Fact: Stopping unnecessary vehicle idling is one relatively easy way to contribute to
improved air quality and respiratory health in our communities.
SPECIFICS OF PROPOSED BY-LAW
In preparing for this Report Staff reviewed the various different means used by other
Municipalities. Within Durham Region Pickering, Ajax and Oshawa currently have Anti-Idling
By-laws. A breakdown of the approaches taken is attached to this Report as Table 1.
Permitted idling time durations vary across the country from three minutes to ten minutes.
Staff are recommending a five minute duration consistent with those municipalities within the
Region of Durham who have Anti-idling By-laws. The By-law does not apply when the
temperature dips below 50 or rises above 2r. This allows the driver to regulate passenger
comfort for heating and cooling respectively. In order to accurately determine the weather
temperature, the By-law states that the acceptable standard for the temperature measurement
shall be the Environment Canada Oshawa current conditions website at:
http://www.meteo.qc.ca/trendstable/paqes/vtzmetrice.html
1317
REPORT NO.:CLD-035-08
PAGE 4 OF 5
Staff are cognizant of the fact that there are times when a vehicle must be left to idle and these
situations have been dealt with in the exemptions to the by-law. Chief among the exemptions
are emergency vehicles, public transit vehicles (with certain specific limitations) and
agricultural vehicles where it is necessary to leave them running while operating various other
pieces of machinery.
Staff have presented the Idling Control By-law as an amendment to the current Traffic By-law
91-58. The advantage to using this By-law is that it allows the Officer to simply issue a parking
ticket for the offence. There is no need for the Officer to approach the driver, demand
identification and become embroiled in a discussion or argument with the offender. This will
also allow the Officer to deal effectively with vehicles which are often left vacant and running in
front of schools or stores while the driver goes in to pick up their child or merchandise as the
case may be.
The By-law is not restricted to any particular location and shall be enforceable across the
Municipality.
OTHER ASPECTS OF DEALING WITH IDLING
Enforcement alone is not enough. Cities such as Mississauga have opted to deal with Idling
concerns by initiating a large scale public awareness campaign without having a By-law to fall
back on. There are many provincial and national organizations which have prepared material
for local municipalities to use. Among these are BC Transit's Clean Air Tool Kit, the BC
Climate Action Toolkit, the Clean Air Partnership, Climate Change Central and the GTA Idle
Free Campaign. These organizations have provided their information for public use and Staff
will be drawing from that information for any public awareness campaign. Staff are anticipating
that the combination of public education and potential penalty will encourage compliance.
Staff will ensure information related to the new By-law is included on the Municipality's website
and in the Clarington.net publication
1318
REPORT NO.:CLD-035-08
PAGE 5 OF 5
CONCLUSION AND RECOMMENDATION
The harmful effects of vehicular pollution on the environment cannot be solved overnight or
through one simple By-law; it will take years of work and increased public awareness. The
proposed Idling Control By-law is a first step in a journey toward a cleaner environment for
everyone.
Staff therefore respectfully recommend that Report CLD-035-08 be approved and the attached
By-law be forwarded to Council for passage and that the Interested Parties listed below be
advised of Council's actions.
Attachments
1. Table I: Key Features of Existing Anti-idling By-laws
2. Proposed Idling Control By-law
3. Interested Parties:
Aiden Tombs
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1321
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2008-
BEING a By-law to amend Clarington Traffic By-law 91-58
by prohibiting excessive idling of
vehicles in the Municipality of Clarington.
WHEREAS Section 10(2) paragraph 6, of the Municipal Act, 2001, permits a
municipal council to pass a by-law and to make regulations for the health, safety
and well-being of persons;
AND WHEREAS vehicles are sources of nitrogen oxides, carbon monoxide,
sulphur dioxides and volatile organic compounds in the Municipality of
Clarington's outdoor air;
AND WHEREAS vehicles which are left stopped and idling for excessive periods
contribute greatly to the level of pollutants in the atmosphere;
NOW THEREFORE BE IT ENACTED by council of The Corporation of the
Municipality of Clarington as follows:
1.0 AMENDMENT
1.1 Clarington Traffic By-law 91-58 is hereby amended by adding the
following:
Schedule XVIII
1.0 DEFINITIONS
1.1 Within this Schedule the following definitions shall apply:
"idle" means the operation of the engine of a vehicle while the
vehicle is not in motion and not being used to operate auxiliary
equipment that is essential to the basic function of the vehicle and
"idling" has a corresponding meaning.
"layover" means stopping at a point along a transit route for a
maximum of fifteen (15) minutes to allow a public transit vehicle to
adjust to service schedules.
"mobile work" means:
i) a vehicle containing equipment that must be operated inside or
in association with the vehicle; or , public utility or police, fire or
ambulance service.
1322
"ii) a vehicle serving as a facility for taking measurements or
making observations or conducting maintenance or construction
operated by or on behalf of a municipality
"Municipality" means The Corporation of the Municipality of
Clarington.
"private transit vehicle" means transit vehicles other than public
transit vehicles, such as but not limited to school buses, tour buses
and motor coaches.
"public transit vehicle" means Durham Transit vehicles.
"stopover" means a scheduled delay of a maximum of fifteen (15)
minutes at a public transit vehicle terminal to allow public transit
vehicles to adjust service schedules.
"vehicle" means a motor vehicle, trailer, traction engine, farm tractor
or road building machine as defined in the Highway Traffic Act and
any vehicle drawn, propelled or driven by any kind of non-muscular
power but does not include any electrically powered cars or electric
or diesel electric railways running exclusively upon rails.
2.0 GENERAL PROVISIONS
2.1 No person shall cause or permit a vehicle to idle for more than five
(5) consecutive minutes.
2.2 The five (5) minute limitation does not apply to:
i) police, fire or ambulance vehicles, or public transit vehicles while
engaged in operational activities, including training activities
except where idling is substantially for the convenience of the
operator of the vehicle;
ii) vehicles assisting in an emergency activity;
iii) mobile workshops while they are in the course of being used for
their basic function;
iv) vehicles where idling is required as part of the repair process or to
prepare a vehicle for servicing;
1323
v) armoured vehicles where a person remains inside the vehicle
while guarding the contents of the vehicle or while the vehicle is
being loaded or unloaded;
vi) vehicles that remain motionless because of an emergency, traffic
or weather conditions or mechanical difficulties over which the
driver has no control;
vii) vehicles engaged in a parade or race or other such event
authorized by the Municipality;
viii) public transit vehicles and private transit vehicles while
passengers are embarking or disembarking en route or at
terminals;
ix) public transit vehicles while at a layover or stopover location,
except where the idling is substantially for the convenience of the
operator of the vehicle;
x) vehicles transporting a person where a medical doctor certifies in
writing that for medical reasons, the person requires the
temperature or humidity be maintained within a certain range;
xi) vehicles when the ambient outside temperature is more than 27
degrees Celsius (27" C) or less than five degrees Celsius (50 C);
xii) vehicles actively used in an agricultural operation which requires
the vehicle to be operational while work is in progress.
2.3 The provisions of this Schedule do not apply to federally-owned lands
upon which cars or electric or diesel electric railways run exclusively
upon rails.
2.4 Notwithstanding Section 2.1 herein, no operator of a private transit
vehicle equipped with an air-conditioning system shall cause or
permit the said vehicle to idle for more than 10 consecutive minutes
of engine idling time to bring the vehicle to a tolerable temperature for
the convenience of the passengers. After the 10 minute time period,
the operator of the private transit vehicle shall turn off the engine for
a minimum period of 15 minutes before restarting the engine, unless
the operator is moving the vehicle forthwith.
2.5 No operator of a private transit vehicle not equipped with an air-
conditioning system shall cause or permit the said vehicle to idle for
more than five (5) consecutive minutes in accordance with the
provisions of this By-law.
1324
3.0 ENFORCEMENT
3.1 Any person who contravenes any provision of this by-law is, upon
conviction, liable to any penalty provided in the Provincial Offences
Act.
3.2 The Court in which a conviction has been entered, and any other
court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the person
convicted and such order shall be in addition to any other penalty
imposed on the person convicted.
4.0 INTERPRETATION
4.1. Any use of the singular term includes its plural, any use of a
masculine term includes the feminine term and any use of the
present tense includes past tense where applicable in this By-law.
4.2 For the purposes of determining current weather conditions as
required in Section 2.2(xi), the published temperature as shown on
the Environment Canada website for the City of Oshawa shall be
accepted as the accurate temperature in effect at the time of an
infraction.
4.3. If any section, clause or provision of this by-law is for any reason
declared by a Court of competent jurisdiction to be invalid, the
same shall not affect the validity of this by-law as a whole or any
part thereof other than the section, clause or provision so declared
to be invalid; and it is hereby declared to be the intention of Council
for the corporation that all remaining sections, clauses or provisions
of this by-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof may have been
declared invalid.
4.4. This by-law shall apply to all locations and properties within the
Municipality of Clarington.
1325
2.0 EFFECTIVE DATE
2.1 This by-law shall come into force and take effect upon final passage.
BY-LAW read a first time second and third time this day of 2008.
Jim Abernethy, ~
Patti L. Barrie CMO, Municipal (
1326
CIlJ!.mgton
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday December 1, 2008
Resolution #:
Report #: FND-030-08File #:
By-law #:
Subject:
2007 AUDIT MANAGEMENT LETTER COMMENTS
AND RECOMMENDATIONS
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Confidential Report FND-030-08 be received for information; and
2. THAT the actions taken as identified in the attachment to this report be endorsed.
Reviewed by:d~~
. Franklin Wu,
Chief Administrative Officer.
NT /sc
1501
REPORT NO.: FND-030-08
PAGE 2
BACKGROUND:
1.0 As part of the annual audit process, the Municipality's auditors, Deloitte and
Touche, provide a management letter containing observations and
recommendations noted during the course of the audit, if any. The management
letter for the 2007 is attached, along with the responses provided by staff to the
items mentioned.
CONCLUSION:
2.0 The auditors provide the management letter as a tool to improve processes
within the municipality. No weaknesses or problems were identified that in any
way impacted the results of the audit or the opinion expressed by the auditor on
the municipality's financial statements. The municipality received a clear audit
report for 2007 and was commended by the auditors for the municipality's efforts
to improve the efficiency of the annual audit.
Attachment "A" - Management letter from Deloitte & Touche LLP
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1502
Attachment "A"
Deloitte~
Deloitte & Touche LLP
5140 Yonge Street
Su ite 1700
Toronto ON M2N 6L7
Canada
Tel: (416) 601-6150
Fax: (416) 601-6151
www.deloitte.ca
September 30, 2008
Private and Confidential
The Audit Review Group
Corporation of the Municipality of Clarington
Municipal Offices
40 Temperance Street
Bowmanville ON L 1 C 3A6
Dear Audit Review Group members:
We have completed our examination of the consolidated financial statements of the Corporation of the
Municipality of Clarington for the year ended December 31, 2007. In addition to our audit report on the
financial statements, we would like to provide the attached management comments for your consideration.
These comments were reviewed with management.
As part of our examination, we reviewed the Municipality's systems and internal accounting controls to
the extent we considered necessary to make an evaluation of such systems and procedures in accordance
with Canadian generally accepted auditing standards. Under these standards, the fundamental purpose of
the evaluation is to establish a basis for reliance on the internal accounting controls in determining the
nature, extent, and timing of other auditing procedures which are necessary for the expression of an
opinion on the financial statements; it is not to determine whether internal controls are adequate for
management's purposes.
While the audit did not include an in-depth eva~uation of all systems or all aspects of any individual
system, we undertake to report any internal control matters which come to our attention during the audit.
Our comments and recommendations are set out in the attached report.
We would be pleased to discuss our recommendations and provide any assistance you may wish in their
implementation.
We would also like to take this opportunity to thank management and stafffor their excellent co-operation
and assistance throughout the audit.
Yours very truly,
d)~ <:f -r~t.- LLI
Chartered Accountants
Licensed Public Accountants
Enclosure
1503
Cl!Jll11gtJJn
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday December 1, 2008
Resolution #:
Report #: FND-031-08
File #:
By-law #.:
Subject:
NOT SUFFICIENT FUNDS (NSF) FEES INCREAS~
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT ReportFND-031-08 be received;
2. THAT Council approve the NSF fee increase to $35.00, effective
January 1, 2009; and
3. THAT Council approve a charge of $35.00 for refund cheques to Mortgage
Companies effective January 1, 2009.
r\~ ~n '""
Reviewed b~ ~ tz..,
Franklin Wu.
Chief Administrative Officer.
NT/sc
1504
REPORT NO.: FND-031-08
PAGE 2
BACKGROUND AND COMMENT:
1.0 Not Sufficient Funds (NSF) Fees
The current fee for a returned cheque from the bank for insuffICient funds is $10.00.
This is intended to offset Municipal staff time and expense in tracing NSF
payments, adjusting accounts and sending notices to the taxpayer. Our staff have
reviewed the fees charged by other Municipalities. The results of the review are
listed below:
Town of Ajax
Township of Brock
City of Oshawa
City of Pickering
Township of Scugog
Township of Uxbridge
Town of Whitby
$ 40.00
$ 30.00
$ 30.00
$ 35.00
$ 35.00
$ 35.00
$ 30.00
The proposed increase will bring the Municipality's fees in-line with that charged by
surrounding municipalities.
2.0 Charge for Refund Cheques to Mortgage Companies
As part of our staff's survey of other Municipalities in the area, three out of seven
Municipalities charge the Mortgage Companies to issue refund cheques.
Refund cheques would be issued when a mortgage company pays taxes on an
incorrect roll number for a property or a mortgage was paid off and they paid in
error.
The results of the survey are detailed below:
Town of Ajax
City of Pickering
Town of Whitby
$ 40.00
$ 35.00
$ 30.00
The charge of $35.00 would off set part of the staff's time for research and paper
work required for processing the refund.
To streamline administration of this charge we would deduct the $35.00 charge
from the refund amount.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1505
Cl~-illglOn
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1 , 2008
Report #: CAO-11-08
File:
By-law #:
Subject:
OPG NUCLEAR NEW BUILD
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-11-08 be received;
2. THAT the Chief Administrative Officer be authorized to enter into discussions with
Ontario Power Generation with the objective of securing an agreement to address
various municipal requirements, financial and otherwise, as related to the New
Nuclear New Build project; and
3. THAT the CAO report back at the appropriate time for Council's consideration when a
tentative agreement is reached.
Submitted bP ~~
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1601
REPORT NO.: CAO-11-08
PAGE 2
REPORT:
Since the Provincial announcement of the proposed Nuclear New Build at Darlington, staff
has undertaken several tasks with the objective of positioning the municipality to deal with
the many issues associated with this mega project. Among the works undertaken today is
our active involvement in the EA process and several preliminary discussions with OPG
officials with respect to municipal requirements and community impact. As the EA process
moves forward, it is imperative that these preliminary discussions be formalized in order to
ensure the Municipality's requirements are accounted for prior to the final EA documents
being submitted.
Municipal requirements encompass fees and charges such as payment in lieu of building
permits, development charges, site plan application fees, etc. In addition, other municipal
requirements such as infrastructure support, emergency preparedness, both during and
after construction will also be considered.
From a historical perspective, the Municipality has entered into a Community Impact
Agreement with Ontario Hydro for the first four reactors built in the late seventies and early
eighties at Darlington. Staff will be following a similar path with the goal of securing a
similar agreement with OPG. The CAO will be heading up the negotiations and
discussions with the assistance of the Director of Finance and other senior leadership team
members.
The CAO will be reporting to council from time to time with respect to the key points of the
discussion. Once a tentative agreement is reached, a full report will be presented to
council for.consideration and approval hopefully in early spring of 2009.
1602
Cl~il1gton
UNFINISHED BUSINESS
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 1, 2008
Addendum to
Report #: PSD-076-08
File #: S-C-2006-0002 By-law #:
COPA2006-0003 & ZBA2006-0029
Subject:
APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL
PLAN AMENDMENT, ZONING BY-LAW AMENDMENT
APPLICANT: BARR'S DEVELOPMENTS LIMITED
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
. 1. THAT Addendum to Report PSD-076-08 be received for information; and
2. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
David J. rome, MCIP, RPP
Director of Planning Services
o~ ,0 ~
Reviewed by: . --.,; ~ (,'C
Franklin Wu,
Chief Administrative Officer
DJC/sn/df
11 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1701
ADDENDUM TO REPORT NO.: PSD-076-08
PAGE 2
1.0 BACKGROUND
1.1 At its meeting of July 14, 2008 Council approved the recommendations of the General
Purpose and Administration Committee contained in Report PSD-076-08 with respect
to the applications by Barr's Development Ltd.
1.2 Section 10.9 of Report PSD-076-08 reads in part:
"The applicant was required to determine the status of the three unopened road
allowances and actual ownership. It has been determined to the satisfaction of the
Municipal solicitor and the Clarington Engineering Services Department that both
Clarke Street and Bond Street are in the ownership of Barr's Development Limited and
that Darcy Street is required to be closed by by-law and sold to Barr's Development
Limited for their subdivision."
1.3 I have been advised by the Municipality's solicitor that this passage for Section 10.9 of
Report PSD-076-08 is erroneous in respect of Clarke and Bond Streets. He had
advised the Department of Engineering Services that the parcel register under the
Land Titles Act showed Barr's Development Limited to be the "qualified" owner in fee
simple of the portions of these two allowances which abutted the applicant's lands.
He advised the Department of Engineering Services that since a comprehensive
examination of the title and a search for evidence that the applicant or a predecessor
in title had obtained title by adverse possession under the Limitation Act could take
considerable time, he would not undertake this work unless he received further
instructions to do so. At that time, no additional work was undertaken; however since
then, additional work respecting the title to Clarke and Bond Streets has been
undertaken.
1.4 The Municipal solicitor had not given his opinion on the question of whether Barr's
Development Limited or the Municipality of Clarington is the owner of Clarke and Bond
Streets and whether the parcel register showing the owner to be Barr's Development
Limited is correct. The purpose of this report is to correct the statement in Report PSD-
076-08. The Municipal Solicitor will be giving an in-camera report on the issues
regarding these road allowances.
2.0 CONCLUSION
2.1 It is respectfully recommended that Addendum to Report PSD-076-08 be received for
information.
1702
ADDENDUM TO REPORT NO.: PSD-076-08
PAGE 3
Interested parties to be notified for Council's decision:
D.G. Biddle & Associates Ltd.
Barr's Developments Limited
Noel Gordon
William Skitch
Roderick McArthur
M.R. Davidson
D. Hanley
Sam & Brian Mountford
David Walton-Ball
Peter Fialkowski
R.W. Westwood
Lynda MacGregor
J. Eilbeck
A. Wynn
Michel Fleury
Daniel Lang
Beat Niklaus
Patricia McDonnell
Douglas Cronk
Gregory Ward
Ann Harley
Paul-Andre Larose
Dan Strike
Roger Yates
John Yates
H. Vanden Heuvel
1703
Cl!J!..iQgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 1, 2008
Addendum 2 to
Report #: PSD-077-08 File #: COPA 2005-0010 and By-law #:
ZBA 2005-0058
Subject:
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC.
TO PERMIT A WIDER RANGE OF COMMERCIAL USES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-077 -08 be lifted from the table;
2. THAT the Addendum and Addendum 2 to Report PSD-077-08 be received;
3. THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a
wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. be APPROVED as indicated in Attachment 1 to Addendum 2
PSD-077-08 and that the necessary by-law be PASSED;
4. THAT the application to amend the Municipality of Clarington Zoning By-law 84-
63, as amended, be APPROVED and that the by-law as contained in Attachment
2 to Addendum 2 PSD-077-08 be PASSED;
5. THAT, subject to Recommendation 6, an exception to the Municipality's policy
and practice be granted to provide for a private open space area within the valley
lands on an area of approximately 1.6 hectares, provided that a hotel containing
more than 85 guest rooms is constructed on the lands zoned (H) C5-15;
6. THAT prior to adopting the proposed amendments, an agreement of purchase
and sale is made between the applicant and the Municipality to the satisfaction of
the Municipality's solicitor providing for the transfer of the fee simple interest and
possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6
years following the date when the zoning by-law comes into effect a hotel which
satisfies Recommendation 5 has not been constructed on the lands zoned (H)
C5-15;
7 . THAT an appropriate by-law be passed for the Mayor and Clerk to execute an
agreement;
1704
REPORT NO.: Addendum 2 to Report PSD-077-08
PAGE 2
8. THAT copies of the Addendum and Addendum 2 to Report PSD-077 -08 and
Council's decision be forwarded to the Regional Municipality of Durham Planning
Department; and,
9. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed bY:()~ ~
David J. rome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
DJ/COS/sh
November 20,2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1705
REPORT NO.: Addendum 2 to Report PSD-077-08
PAGE 3
1.0 BACKGROUND
1.1 Staff submitted a recommendation report: Addendum to Report PSD-077 -08
(Attachment 1) to the General Purpose and Administration Committee on
November 3,2008.
Members of the Committee expressed concern that Staffs recommendation
regarding the six year time frame for the development of the hotel, was
insufficient given the demands for overnight accommodation to support the
nuclear New Build, which is expected to begin as early as 2010.
The opinion was also expressed that one new hotel, a Holiday Inn Express Hotel
& Suites, which is currently under construction in Bowmanville, would not be
enough to serve the community and the expected demand generated by the New
Build project in particular. Members of the Committee felt that Council has a
responsibility to "ensure" sufficient hotel accommodation is built to support. the
Province and Ontario Power Generation during the construction of the new
nuclear reactors and the refurbishment of the existing reactors.
1.2 After further consideration, the Committee recommended that the report be
referred back to staff for a written report to be presented to Committee at the
General Purpose and Administration Committee Meeting on December 1, 2008.
2.0 DISCUSSION
2.1 As noted at the November 3rd meeting, the Municipality cannot ensure the timing
of a specific development through a Zoning By-law, as this is left to market
conditions and the willingness of the developer to market and to proceed with the
development. A Zoning By-law regulates the use and scale of land uses and
development, but not the time frame of a specific use. There is however scope
to include zoning regulations that relate to the phasing of development.
2.2 To assist in the course of expediting and securing the construction of the hotel on
the site, as requested by some members of the General Purpose and
Administration Committee, one option would be to require that a hotel be under
construction prior to any other uses being permitted for the C5-15 zone, the lands
east of the former Spry Avenue Road allowance. This would allow other
buildings to commence construction, but the building could not be occupied and
used until the hotel is substantially under construction.
To implement this staff recommends that the initial Zoning By-law Amendment be
further revised by introducing the following clause under the new Subsection
20.4.15 d (i) (Regulations for Non-Residential Uses) as follows:
"No building may be used on anyone or more portions of the lands zoned (e5-
15) for the purposes of one or more of the permitted non-residential uses listed in
Section 20.4. 15 of the By-law unless a building permit has been issued for a
hotel and the Chief building Official has approved the completed foundation".
1706
REPORT NO.: Addendum 2 to Report PSD-077-08
PAGE 4
2.3 This clause is quite restrictive in nature. While other buildings could be
constructed or commence construction on the C5-15 lands at any time, it is
unlikely that this would be done since the buildings could not be occupied and
used without the hotel completing the first stage of construction. However, some
flexibility is provided in that the hotel does not have to be operational. Staff
believe that the investment needed to reach completion of the foundation is
significant that there would be minimal risk that the owner would not complete the
hotel. This clause is a similar in technique to one previously used for Clarington
Centre, which required a department store and a grocery store.
2.4 This condition does not affect the lands west of Spry Avenue, where the
recommended by-law allows for more flexibility in retail uses.
3.0 CONCLUSION
3.1 Council's concern is to expedite the construction of the hotel to provide the much
needed infrastructure to support the growing accommodation needs associated
with not only the Nuclear New Build but also the other large infrastructure
projects including Highway 407, the redevelopment and refurbishment of the
Darlington 'A' nuclear site, the OPG Nuclear offices, and the Port Granby Project
and also to serve general growth of the Municipality. The Bowmanville Creek
Developments has proposed a hotel from the commencement of the application
and it is one of the few serviced sites in the Municipality that could be developed
for hotel uses in the short term.
3.2 There are two options for the rezoning of the site as follows:
Option 1 - To require the hotel as part of the zoning
This option has been described above and is reflected in the revised by-law
contained in Attachment 2 to this Addendum report. The suggested revision to
the proposed Zoning By-law, coupled with Staff's recommendation to allow
private open space associated with a hotel, would provide a strong incentive to
encourage the early construction of a hotel.
Option 2 - To permit a hotel as one of the possible uses
If Council does not wish to pursue this option but maintain the approach
contained in previous reports, the same by-law should be approved with the
deletion of clause 20.4.15 d. (i).
Attachments:
Attachment 1 - Amendment 54 to the Clarington Official Plan and By-law
Attachment 2 - Zoning By-law Amendment
Attachment 3 - Addendum to Report PSD-077 -08
1707
REPORT NO.: Addendum 2 to Report PSD-077-08
PAGE 5
Interested parties to be notified of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Sam Cohen, Torgan Group
Joe Cavallo, Shell Canada Products Limited
Robert Hann, Halloway Holdings Limited
Robert DeGasperis, Metrus Properties Inc.
Catherine Spears, Catherine Spears & Associates Inc.
Edgar Lucas, Bowmanville Business Improvement Area
Beth Kelly, Valiant Property Management
1708
AMENDMENT NO. 54
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
Attachment 1
Addendum 2 To
Report PSD-077 -08
PURPOSE: The purpose of this amendment is to permit a greater range of retail
uses and size formats within a proposed Highway Commercial
development, one financial institution, redefined limits to the
environmental protection area, and a private open space amenity
area.
BASIS: The application is based on an Official Plan Amendment application
(COPA 2005-0010) submitted by Bowmanville Creek Developments
Inc.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as
follows:
1. By including an exception to Section 23.14 to create Section
23.14.9 as follows:
"23.14.9 Notwithstanding Section 10.8.1, in addition to
permitted Highway Commercial uses, on the lands located
east of Waverly Road, south of Baseline Road legally
described as Part of Lots 12 and 13, Broken Front
Concession, Former Town of Bowmanville the following uses
shall be permitted:
a) limited retail stores less than 500m2;
b) one credit union not present in the Bowmanville
Urban Area on November 10, 2008; and
c) private open space amenity area for use in
conjunction with a hotel containing at least 85 guest
rooms and with other permitted uses provided that the
hotel is constructed within 6 years of the zoning by-
law coming into effect.
2. By amending Map A3 as indicated on Exhibit "A" attached to
this amendment.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall apply in
regard to this amendment.
1709
Exhibit "A", Amendment No. 54 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
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Change From "Environmental Protection
Area" To "Highway Commercial"
<iJ)il
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2008-_
being a By-Law to adopt Amendment No. 54 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit a greater variety of retail
uses and size formats, one financial institution, redefined limits to the environmental
protection area, and a private open space amenity area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 54 to the Clarington Official Plan, being the attached
Explanatory Text, is hereby adopted;
2. This By-Law shall come into force and take effect on the date of the passing hereof.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
1711
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
Attachment 2
Addendum 2 To
Report PSD-077 -08
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with applications COPA 2005-0010 and ZBA 2005-0058 to
permit a greater variety of retail uses and size formats, one financial institution,
redefined limits to the environmental protection areas, and a private open space
amenity area;
AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
whereby it would not come into effect until such time as Official Plan Amendment No. 54
is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.14 as
follows:
"20.4.14
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-14) ZONE
Notwithstanding Section 20.1, those lands zoned C5-14 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses:
a. Definitions
Credit Union shall mean a corporation incorporated as a credit union or
caisse populaire under the Credit Unions and Caisee Populaires Act.
Drive-Through Facility shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or services,
either wholly or in part, through a window or an automated machine, to
customers remaining in motor vehicles which are located in a stacking
lane. A drive-through facility may be established in combination with other
permitted non-residential uses.
Stacking Lane shall mean a queuing lane for motor vehicles which is
located on the same lot as the drive-through facility and which is
separated from other motor vehicle traffic on the same lot by barriers or
curbs.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i) an assembly hall;
ii) a day nursery;
iii) an eating establishment;
iv) an eating establishment - take-out;
1712
v) an eating establishment with a drive-through facility;
vi) a beer, liquor or wine outlet;
vii) a credit union not represented in the Bowmanville Urban Area on
November 10, 2008;
viii) a garden or nursery sales and supply establishment;
ix) a retail commercial establishment;
x) a place of entertainment;
xi) a place of worship;
xii) a private club;
xiii) a tavern;
xiv) a veterinarian clinic; and
xv) offices, located on a second floor only, unless directly related to the
primary use(s) of the ground floor.
xvi) notwithstanding subsection xv) business and professional offices are
permitted on the ground floor provided the cumulative floor space
does not exceed 232 m2.
d. Regulations for Non-Residential Uses
i)
The minimum floor area for a retail commercial establishment shall
be greater than 465 m2.
Notwithstanding Section 20.4.14 d. i), a maximum of 1858 m2 of
gross floor space is permitted with a minimum gross floor area of
232 m2 and a maximum gross floor area of 465 m2 per unit.
Notwithstanding Section 19.3 f), the exterior side yard for a building
with a total floor area less than 500 m2 shall be a minimum of 5
metres.
Outdoor storage is prohibited.
ii)
iii)
iv)
e. Regulations for Drive-Through Facilities
Where a drive-through facility is permitted, the following requirements
shall apply:
i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with the
use of any parking space required to be provided on the lot on
which the drive-through facility is located.
iii) No portion of the stacking lane shall be located between a building
and a street line.
iv) Notwithstanding Section 20.4.14 (e) (i), the minimum length for a
stacking lane for a drive-through facility associated with a credit
union is 24 metres."
2. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.15 as
follows:
"20.4.15
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-15) ZONE
Notwithstanding Section 20.1, those lands zoned C5-15 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses:
a. Definitions
Drive-Through Facility shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or services,
either wholly or in part, through a window or an automated machine, to
customers remaining in motor vehicles which are located in a stacking
lane. A drive-through facility may be established in combination with other
permitted non-residential uses.
1713
Stacking Lane shall mean a queuing lane for motor vehicles which is
located on the same lot as the drive-through facility and which is
separated from other motor vehicle traffic on the same lot by barriers or
curbs.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i) an assembly hall;
ii) a day nursery;
Hi) an eating establishment;
iv) an eating establishment - take-out;
v) an eating establishment with a drive-through facility;
vi) a hotel;
vii) a retail commercial establishment;
viii) a place of entertainment;
ix) a place of worship;
x) a private club;
xi) a tavern; and
xii) offices, located on a second floor only, unless directly related to the
primary use(s) of the ground floor.
d. Regulations for Non-Residential Uses
i)
No building may be used on anyone or more portions of the lands
zoned (C5-15) for the purposes of one or more of the permitted
non-residential uses listed in Section 20.4.15 of the By-law unless a
building permit has been issued for a hotel and the Chief Building
Official has approved the completed foundation.
Any hotel must contain a minimum of 85 guest rooms available to
members of the travelling public.
A maximum total floor area of 1,115 m2 shall be permitted for retail
commercial establishment uses.
The minimum floor area of a retail commercial establishment shall be
232 m2.
No outdoor storage is permitted.
ii)
iii)
iv)
v)
e. Regulations for Drive-Through Facilities
Where a drive-through facility is permitted, the following requirements
shall apply:
i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with the
use of any parking space required to be provided on the lot on
which the drive-through facility is located.
iii) No portion of the stacking lane shall be located between a building
and a street line."
1714
3. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP)
ZONE" is hereby amended by introducing a new Sub-Section 5.2.16 as follows:
"5.2.16
ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE
Those lands zoned EP-16 on the Schedules to this By-law may be used as a public
park or public open space, and notwithstanding Section 5.1, may be used for a
private landscaped open space area containing only walking trails, gardens and
outdoor fitness equipment and play areas accessory to permitted uses in the C5-16
zone.
4. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
(C5) Zone";
"Special Purpose Commercial (C5) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
"Special Purpose Commercial (C5) Zone" to "Environmental Protection (EP) Zone";
"Holding - Special Purpose Commercial ((H)C5) Zone" to "Holding - Special
Purpose Commercial Exception ((H)C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
"Environmental Protection (EP) Zone" to "Holding - Special Purpose Commercial
Exception (C5-15) Zone"
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-15) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Environmental Protection
(EP) Zone"; and
"Environmental Protection (EP) Zone" to "Holding - Environmental Protection
Exception ((H)EP-16) Zone"
as shown on the attached Schedule "A" hereto.
6. Schedule "A" attached hereto shall form part of this By-Law.
7. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 24,34 and 36 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
By-Law read a second time this day of
2008
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Clerk
1715
This is Schedule "All to By-law 2008-
passed this . day of , 2008 A.D.
----ll~~
~ Zoning to Remain"EP"
~ Zoning Change From "EP-2" To "EP"
F-:::::::-:1 Zoning Change From "CS" To "EP"
~ Zoning Change From "EP" To "(H)EP-16"
~ Zoning Change From "EP-2" To "(H)CS-14"
~ Zoning Change From "CS" To "(H)C5-14"
~ Zoning Change From "(H)CS" To "(H)C5-14"
l;i.ti:l Zoning Change From "EP-2" To " (H)CS-1S"
~ Zoning Change From "EP" To "(H)CS-1S"
~ Zoning Change From "EP-2" To "CS"
E:2] Zoning To Remain "CS"
BOWMANVILLE
Jim Abernethy, Mayor
ZBA 2005-058
Patti L. Barrie. Municipal Clerk
,
-
H--'
~==
J
1716
ClfJL.iQgton
Attachment 3
Addendum 2 To
UNFINI R~~ru:.S~~9Zr:98
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 3, 2008
Addendum to
Report #: PSD-077 -08
File #: COPA 2005-0010 and By-law #:
ZBA 2005-0058
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO
PERMIT A WIDER RANGE OF COMMERCIAL USES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose 'and Administration Committee
recommend to Council the following:
1. THAT Report PSD-077 -08 be lifted from the table;
2. THAT Addendum to Report PSD-077 -08 and Report PSD-077 -08 be received;
3. THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a wider
range of commercial uses on the lands owned by Bowmanville Creek Developments
Inc. be APPROVED as indicated in Attachment 1 to Addendum to PSD-077 -08 and
that the necessary By-law be PASSED;
4. THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, be APPROVED and that the by-law as contained in Attachment 2 to
Addendum PSD-077-08 be PASSED; . .
5. THAT, subject to Recommendation 6, an exception to the Municipality's policy and
practice be granted to provide for a private open space area within the valley lands on
an area of approximately 1.6 hectares, provided that a hotel containing more than 85
guest rooms is constructed on the lands zoned (H)C5-14 within 10 years of the zoning
coming, into effect;
6. THAT prior to adopting the proposed amendments, an agreement of purchase and sale
is made between the applicant and the Municipality to the satisfaction of the
Municipality's solicitor providing for the transfer of the fee simple interest and
possession of the lands zoned (H)EP-16 for nominal consideration if 6 years (or ot~er
timeframe determined by the Committee) following the date when the zoning by-law
comes into affect a hotel which satisfies Recommendation 5 has not been constructed
on the lands zoned (H)C5-15;
7 . THAT an appropriate by law be passed for the Mayor and Clerk to execute an
agreement;
11id17
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 2
. .
8. THAT a copy of the Addendum to PSD-077-08 and Council's decision be forwarded to
the Regional Municipality of Durham Planning Department; and
9. THAT all interested parties listed in this report and any deiegations be advised of
Council's decision.
~~
DJJCOS/sh
October 29, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1718
1702
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 3
1.0 BACKGROUND
1.1 On April 1, 2008, staff received revised official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to:
· Permit a greater variety of retail commercial store sizes and a financial
institution in additi<?n to permitted highway commercial uses.
· Incorporate the proposed redefinition of the floodplain in accordance with an
approved environmental impact study prepared for the subject lands, which was
previously proposed through the zoning application ZBA 2003-037.
· Allow private open space amenity space associated with the hotel and fitness
centre in the valleyland.
1.2 A statutory Public Meeting was held on June 2, 2008 for the application. Although no
member of the public spoke either in support of or in opposition to the application, a
.concern was raised on behalf of the Bowmanville Business Improvement Area (BBIA).
The report was referred back to Staff for further processing and the preparation of a
further report following the receipt of all outstanding information and agency comments.
1.3 Staff submitted a recommendation report - PSD-077-08 (Attachment 3) to the General
Purpose and Administration Committee on July 7,2008. At the meeting the Committee
heard to following delegations:
· Glenn Genge of D.G. Biddle Associates addressed the Committee on behalf of
the applicant regarding the report and indicated that the application is required
to allow for better flexibility to attract other commercial uses. He informed the
Committee the open space land may be used for a fitness trail or provide an
area for wedding photographs. He requested that the maximum term in which
the hotel must be constructed be extended to ten years rather than six years (as
recommended by Staff) and mentioned that his client is anxious to proceed.
· Beth Kelly of Valiant Property Management ("Valiant") addressed the
Committee and stated that she has an issue with a financial institution being
approved for this site since it is not allowed in the Bowmanville West Town
Centre area as result requested of the Commercial Policy Review. They would
like to have a Credit Union on their site.
1.4 After further deliberation, the Committee recommended that the recommendations
contained in Report PSD-077 -08 be approved with the following changes:
· That an exception to the Municipality's policy and practice be granted to
provide for a private open space area with the valley lands provided that a hotel
greater than 100 rooms is constructed on site within three years of the zoning
approval; that prior to adopting the proposed amendments arrangements be
made to the satisfaction of the Municipality's solicitor for the transfer of the
private open space to the Municipality after 3 years if a hotel is not constructed;
· That the provision for a fitness center be removed.
1719
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 4
1.5 The Committee's recommendation was tabled by Council at its meeting on July 14.
2008 to the September 22, 2008 General Purpose and Administration Committee. The
report has been delayed to allow for ongoing discussions.
1.6 Staff met with the proponent several times to discuss the conditions pertaining to
proposed terms and timeframe for the construction of the hotel and the exclusion of the
fitness centre use from the list of permitted uses, and the format of the proposed
Official Plan Amendment and site-specific Zoning By-law. While many of the issues
have been resolved, there has been no agreement on the matter of the private open
space.
2.0 DISCUSSION
2.1 Private Open Space Amenity Area
The Bowmanville Creek Developments representatives have a number of concerns
regarding the arrangements regarding the private open space:
i) The proponent's understanding was that the private open space would
remain in their ownership
While staff have been supportive of a concept that some of the valleylands could
be used in association with a hotel in particular and that there could be a
positive relationship with the Valleys 2000 plan, the issue of ownership of these
lands was not discussed explicitly until earlier this year. Staff had been
assuming a lease-back arrangement; the proponent had assumed retaining
ownership. The proposed arrangements were a compromise that was designed
to encourage the hotel development.
ii) The proponent's do not believe the a three year timeframe to attract a hotel
is reasonable, particularly given the current economic situation
Staff had recommended that the proponent should be given up to 6 years to
attract and construct a hotel project on this site. This was subsequently reduced
to 3 years by the General Purpose and Administration Committee. The
proponent's agent originally suggested that the 6 year time period be extended
to 10 years but they prefer that there be no restriction in this regard.
In light of the current economic circumstances, staff believe that at least a 6 year
period is required to allow time for the developer to find a hotel tenant and
construct the project. Perhaps it should be longer but Council could reconsider
an extension in the future if the developer has secured a tenant but not
completed the development process. It should be noted that the timeframe is
based on "completion of construction" so this assumes approximately a 2 to 3
year lead time for completing a lease or purchase arrangement, undertaking
design and construction drawings, getting site plan and building permit approval,
tendering and construction.
1720
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 5
iii) The proponents wish to see the conditions for retaining the open space
apply to other uses besides the hotel
There "are other uses such as a day care or fitness club that could take
advantage of the valley edge location and would have the opportunity to develop
private open space facilities. As a result, the proponent would like the proposed
condition apply to uses other than a hotel. While staff understand that other uses
may take advantage of the valley edge, the variance from the normal process of
dedicating valleylands was specifically recommended in this instance as an
incentive for a hotel to locate in this location. Furthermore the unique
circumstances with the wide floodplain and lack of natural features immediately
adjacent the subject lands provide this opportunity. To allow this to apply to
other uses effectively provides an unfair advantage over other commercial sites.
If a day care or fitness centre were to lease facilities on the proponents lands,
while they remain as private open space, and in the event that a hotel is not
constructed on the site there would be the opportunity to consider lease-back
arrangements after the lands were transferred.
The attached Official Plan and Zoning By-law amendments include provision for a 6
year timeframe for completion of development. Committee should provide direction on
this matter in light of the previous resolution. Council may wish to extend it longer than
6 years considering the economic times. However, if 3 years is retained,' it would be
very difficult for the developer to meet this timeframe and the site may develop without
a hotel.
2.2 Broadenin~ of Retail Formats and Uses
The proponents have had a number of concerns about the proposed amendment to the
Official Plan and Zoning By-law as contained in PSD-077 -08. The essence of their
concerns has been to have some additional flexibility in uses, store sizes and retail and
service space.
Highway Commercial Areas generally consist of larger parcels designed to
accommodate larger-format types of commercial uses, which typically included home
improvement stores, motor vehicle sales and service centres, garden centres, hotels,
restaurants, and service stations. Through the Commercial Policy Review, the range of
permitted land uses for Highway Commercial Areas was broadened to include large-
format home furnishing stores and other similar large-format retailers.
The subject lands were examined as part of the Commercial Policy Review by
urbanMetrics Inc., the Municipality's retail market consultant. In evaluating retail
development potential for various commercial sites the analyst made a number of
assumptions based on the proponent's plans at the time. It included the mix of retail
and service space for this site. The assumptions provided for a home improvement
store up to 76,400 sq. ft. in the initial phase, 65,000 sq. ft. of Department Store Type
Merchandise (DSTM) retail space and 95,000 sq. ft of other retail and "other" space.
This last category includes restaurants and other service space (such as fitness clubs).
1721
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 6
The primary concerns have been addressed as follows:
i) The proposed by-law deleted a number of uses that were included in the
existing C5 zone
There were a number of store types that are listed in the uses permitted in the
C5 zone that did not appear in the proposed special condition. It was clarified
with the applicant that while the original zone had listed uses like furniture and
major appliance stores, the new zoning. provisions lumped those stores together
under the terms medium-format retail store (stores greater than 10,000 sq. ft
and less than 27,000 sq. ft.) and retail commercial establishments (smaller
stores).
However, there were other uses that were not retained. The revised by-law
attached has restored some of the original uses for clarity (beer, liquor or wine
outlet). It has also retained some other uses in the C5 zone (an assembly hall, a
day nursery). Certain uses, in particular those with an outdoor storage
component, such as an automotive dealership or a recreational vehicle sales
and service establishment remain deleted as they are not consistent with the
form of development approved to date.
ii) The proposed by-law was not flexible to adjust to various leasing
scenarios
The proponent made an application for a number of categories of retail store
sizes to be considered (2,500-5,000 sq. ft.; 5,000-10,000 sq. ft. and greater than
10,000 sq. ft.). These retail space sizes were placed in the original by-law but in
consideration that there needs to be flexibility in marketing, the revised by-law
only places limits on stores less than 5,000 sq. ft. With the exception of
department stores and grocery stores, it is the smaller stores that could deviate
from planned function of the Highway Commercial Areas. However even the
existing by-law recognizes that some smaller stores would locate on C5 lands.
The proposed by-law limits smaller stores between 2,500 and 5,000 sq. ft. to a
maximum of 32,000 sq. ft.
Hi) The proposed by-law had a cap on total retail space permitted
The proponents were concerned about the retail limit placed on the property. As
noted, the market research for the Commercial Policy Review made a number of
assumptions based on the proposal and the analysts professional experience
with regard to the split of this space into various types of retail floor space and
service floor space. Additionally, in this case, there was the assumption that a
hotel would be part of this site development. In reviewing the matter further, staff
determined that it was not necessary to provide a limit specifically on "retail"
space; the split between retail space and service and other spaces needed to be
flexible in terms of attracting tenants to this site. At any given time the total retail
space may be more or less than assumed in the market studies. From this
perspective, this site is treated similar to the sites in the Bowmanville West Town
Centre. Furthermore, personal service space (dry cleaners, barber, travel agent,
.etc.) is not permitted and thus the majority of the service space will be
restaurants or uses that would fall in the category of an assembly hall, a place of
entertainment and a hotel.
1722
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 7
2.3 Financial Institutions
Although the revised Highway Commercial Area policies specifically do not permit
banks, the applicant applied to permit a credit union with a drive-through facility on the
subject lands. The Commercial Policy Review identified financial institutions as a key
anchor for downtown areas and as such has limited the number of full-service banks in
the Bowmanville West Town Centre to two.
Valiant noted that they would also like zoning permission for a credit union. Staff
supported a credit union on the subject lands for the reasons outlined in Report PSD-
077-08. The zoning only allows a credit union that is not operating in Bowmanville at
.the current time. A similar argument could be made for financial institutions in the
Bowmanville West Town Centre, with due consideration of our broader commercial
objectives.
2.4 The Fitness Centre
The Committee resolution indicated that a fitness centre should be removed. It is staff's
understanding that the Committee did not intend to remove this as a permitted use.
Rather the intent was to avoid the possibility of the private open space being retained
for the fitness centre and in the absence of a hotel. The fitness centre use has been
retained in the revised by-law.
2.5 Minor revisions to the proposed Zoning By-law and Official Plan policies
In addition to the items referenced above, revisions where made to the proposed.
Zoning By-law to clearly differentiate between the eastern and western parts of the
property into two zones. Additionally, the revised by-law provides for a reduction in the
number of guest rooms from 100 to 85 which is consistent with the Development
Charges incentive. A number of minor wording changes have been made in the
proposed Official Plan and Zoning By-law Amendment attached to this Addendum.
3.0 CONCLUSIONS
3.1 It is recommended that the attached revised official Plan Amendment 54 and revised
Zoning By-law Amendment be approved. Staff have restored the 6 year timeframe for
the completion of hotel construction in the attachments but Committee should insert the
number of years in Recommendation 5. If 3 years is retained, it would be very difficult
for the developer to meet this target, particularly in light of the economic circumstances.
The site may then develop without a hotel use.
Attachments:
Attachment 1 - Amendment 54 to the Clarington Official Plan and By-law
Attachment 2 - Zoning By-law Amendment
Attachment 3 - Report PSD-077-08
1723
ADDENDUM TO REPORT NO.: PSD-077-08
PAGE 8
Interested parties to be notified of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Sam Cohen, Torgan Group
Joe Cavallo, Shell Canada Products Limited
Robert Hann, Halloway Holdings Limited
Robert DeGasperis, Metrus Properties Inc.
Catherine Spears, Catherine Spears & Associates Inc.
Edgar Lucas, BowmanviHe Business Improvement Area
Beth Kelly, Valiant Property Management
1724
AMENDMENT NO. 54
Attachment 1
To Addendum to Report PSD-077-08
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to permit a greater range of retail
uses . and size formats within a proposed Highway Commercial
development, one financial institution, redefined limits to the
environmental protection area, and a private open space amenity
area.
BASIS:
The application is based on an Official Plan Amendment application
(COPA 2005-0010) submitted by Bowmanville Creek Dev~lopments
Inc.
ACTUAL
AMENDMENT:
The Municipality of Clarington Official Plan is hereby amended as
follows:
1. By including an exception to Section 23.14 to create Section
23.14.9 as follows:
"23.14.9 Notwithstanding Section 10.8.1, in addition to
permitted Highway Commercial uses, on the lands located
east of Waverly Road, south of Baseline Road legally
described as Part of Lots 12 and 13, Broken Front
Concession, Former Town of Bowmanville the following uses
shall be permitted:
a) limited retail stores less than 500m2;
b) one credit union not present in the Bowmanville
Urban Area on November 10, 2008; and
c) private open space amenity area for use in
conjunction with a hotel containing at least 85 guest
rooms and with other permitted uses provided that the
hotel is constructed within 6 years of the zoning by-
law coming into effect.
2. By amending Map A3 as indicated on Exhibit "A" attached to
this amendment.
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall apply in
regard to this amendment.
1725
Exhibit "A", Amendment No. 54 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
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Change From "Environmental Protection
Area" To "Highway Commercial"
BASELINE ROAD
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LAKE ONTAR/~ 726
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2008-_
being a By-Law to adopt Amendment No. 54 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit a greater variety of retail
uses and size formats, one financial institution, redefined limits to the environmental
protection area, and a private open space amenity area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 54 to the Clarington Official Plan, being the attached
Explanatory Text, is hereby adopted;
2. This By-Law shall come into force and take effect on the date of the passing hereof.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abemethy, Mayor
Patti L. Barrie, Municipal Clerk
1727
Attachment 2
To Addendum to Report PSD-077 -08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Cfarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the fanner Town of
Newcastle in accordance with applications COPA 2005~0010 and ZBA 2005-0058 to
permit a greater variety of retail uses and size formats, one financial institution,
redefined limits to the environmental protection areas, and a private open space
amenity area;
AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
whereby it would not come into effect until such time as Official Plan Amendment No. 54
is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.14 as
follows:
"20.4.14
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-14) ZONE
Notwithstanding Section 20.1, those lands zoned C5-14 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses:
a. Definitions
Credit Union shall mean a corporation incorporated as a credit union or
caisse populaire under the Credit Unions and Caisee Populaires Act.
Drive-Through Facility shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or services,
either wholly or in part, through a window or an automated machine, to
customers remaining in motor vehicles which are located in a stacking
lane. A drive-through facility may be established in combination with other
permitted non-residential uses.
Stacking Lane shall mean a queuing lane for motor vehicles which is
located on the same lot as the drive-through facility and which is
separated from other motor vehicle traffic on the same lot by barriers or
curbs.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i)
ii)
iii)
iv)
an assembly hall;
a day nursery;
an eating establishment;
an eating establishment - take-out;
1728
v) an eating establishment with a drive-through facility;
vi) a beer, liquor or wine outlet;
vii) a credit union not represented in the Bowmanville Urban Area on
November 10, 2008;
viii) a garden or nursery sales and supply establishment;
ix) a retail commercial establishment;
x) a place of entertainment;
xi) a place of worship;
xii) a private club;
xiii) a tavern;
xiv) a veterinarian clinic; and
xv) offices, located on a second floor only, unless directly related to the
primary use(s) of the ground floor.
d. Regulations for Non-Residential Uses
i)
ii)
The minimum floor area for a retail commercial establishment shall
be greater than 465 m2.
Notwithstanding Section 20.4.14 d. i), a maximum of 1858 m2 of
gross floor space is permitted with a minimum gross floor area of
232 m2 and a maximum gross floor area of 465 m2 per unit.
Notwithstanding Section 19.3 f), the exterior side yard for a building
with a total floor area less than 500 m2 shall be a minimum of 5
metres.
Outdoor storage is prohibited.
Hi)
iv)
e. Regulations for Drive-Through Facilities
Where a drive-through facility is permitted, the following requirements
shall apply:
i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with the
use of any parking space required to be provided on the lot on
which the drive-through facility is located.
iii) No portion of the stacking lane shall be located between a building
and a street line.
iv) Notwithstanding Section 20.4.14 (e) (i), the minimum length for a
stacking lane for a drive-through facility associated with a credit
union is 24 metres.'
2. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.15 as
follows:
"20.4.15
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-15) ZONE
Notwithstanding Section 20.1, those lands zoned C5-15 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses;
a. Definitions
Drive-Through Facility shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or services,
either wholly or in part, through a window or an automated machine, to
customers remaining in motor vehicles which are located in a stacking
lane. A drive-through facility may be established in combination with other
permitted non-residential uses.
1729
Stacking Lane shall mean a queuing lane for motor vehicles which is
located on the same lot as the drive-through facility and which is
separated from other motor vehicle traffic on the same lot by barriers or
curbs.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i) an assembly hall;
ii) a day nursery;
iii) an eating establishment;
iv) an eating establishment - take-out;
v) an eating establishment with a drive-through facility;
vi) a hotel containing a minimum of 85 guest rooms available to
members of the travelling public;
vii) a retail commercial establishment;
viii) a place of entertainment;
ix) a place of worship;
x) a private club;
xi) a tavern; and
xii) offices, located on a second floor only, unless directly related to the
primary use(s) of the ground floor.
d. Regulations for Non-Residential Uses
i) A maximum total floor area of 1,115 m2 shall be permitted for retail
commercial establishment uses.
ii) The minimum floor area of a retail commercial establishment shall be
232 m2.
iii) Outdoor storage is provided.
e. Regulations for Drive-Through Facilities
Where a drive-through facility is permitted, the following requirements
shall apply:
i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with the
use of any parking space required to be provided on the lot on
which the drive-through facility is located.
iii) No portion of the stacking lane shall be located between a building
and a street line."
3. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP)
ZONE" is hereby amended by introducing a new Sub-Section 5.2.16 as follows:
"5.2.16
ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE
Those lands zoned EP-16 on the Schedules to this By-law may be used as a public
park or public open space, and notwithstanding Section 5.1, may be used for a
private landscaped open space area containing only walking trails, gardens and
outdoor fitness equipment and play areas accessory to permitted uses in the C5-16
zone.
1730
4. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
(C5) Zone";
"Special Purpose Commercial (C5) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
"Special Purpose Commercial (C5) Zone" to "Environmental Protection (EP) Zone";
"Holding - Special Purpose Commercial ((H)C5) Zone" to "Holding - Special
Purpose Commercial Exception ((H)C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
"Environmental Protection (EP) Zone" to "Holding - Special Purpose Commercial
Exception (C5-15) Zone"
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-15) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Environmental Protection
(EP) Zone"; and
"Environmental Protection (EP) Zone" to "Holding - Environmental Protection
Exception ((H)EP-16) Zone"
as shown on the attached Schedule "A" hereto.
6. Schedule "A" attached hereto shall form part of this By-Law.
7. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 24, 34 and 36 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Clerk
1731
This is Schedule "A" to By-law 2008-
passed this day of , 2008 A.D.
,
I
I
I
fItC....
HIGHWAY 401
J
"""'.... ,of
we"'" OF HEROES
HIGH'll'" '(
~ Zoning to Remain"EP"
~ Zoning Change From "EP-2" To "EP"
~-:-:-:-:1 Zoning Change From "CS" To "EP"
~ Zoning Change From "EP" To "(H)EP-16"
~Zoning Change From "EP-2" To "(H)C5-14"
~ Zoning Change From "CS" To "(H)CS-14"
~ Zoning Change From "(H)CS" To "(H)CS-14"
~ Z . Ch F "EP 2" T "(H)CS 1S"
~ omng ange rom - 0 -
~ Zoning Change From "EP" To "(H)C5-15"
~ Zoning Change From "EP-2" To "C5"
E:TI Zoning To Remain "e5"
BOWMANVILLE
Jim Abernethy, Mayor
ZBA 2005-058
Patti L. Barrie, Municipal Clerk 1 732
. CJNi!lgtnn
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, July 7,2008
Report #: PSD-077-08 File #: COPA 2005-0010 and By-law #:
ZBA 2005-0058
Subject:
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC.
TO PERMIT A WIDER RANGE OF COMMERCIAL USES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: '
1. THAT Report PSD-077-08 be received;
2. THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a
wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. be APPROVED as indicated in Attachment 3 and that the
necessary by-law be PASSED;
3. THAT the 'application to amend the Municipality of Clarington Zoning By-law 84-
63, as amended, be APPROVED and that the by-law as contained in Attachment
4 be PASSED;
4. That an exception to the Municipality's policy and practice be granted to provide
for a private open space area with the valleylands provided that a hotel greater
than 100 rooms is constructed on site within six years of the zoning approval;
5. That prior to adopting the proposed amendments, arrangements are made to the
satisfaction of the Municipality's solicitor for the transfer of the private open space
to the Municipality after six years if a hotel is not constructed;
6. THAT a copy of Report PSD-077 -08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
7. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1733
REPORT NO.: PSD-077-08
PAGE 2
Submitted by:
Reviewed by: 01' .. - e Q~ ~
Da I . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
RH/COS/df/sn
July 02, 2008
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1734
REPORT NO.: PSD-077 -08
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant: Bowmanville Creek Developments Inc.
1.2 Agent: D.G. Biddle and Associates Limited
1.3 Official Plan Amendment:
The amendment proposes, in addition to existing permitted special
purpose commercial uses, retail commercial uses on the following
basis:
· 3,716 m2 (40,000 fe) of gross floor area with a minimum of
gross floor area of 929 m2 (10,000 ft2) per unit for a maximum
of 4 units;
· 1,858 m2 (20,000 ft2) of gross floor area with a minimum
gross floor area of 465 m2 (5,000 ft2) per unit for a maximum
of 4 units;
· 1,393 m2 (15,000 ft2) of gross floor area with a minimum
gross floor area of 232 m2 (2,500 ft2) per unit for a maximum
of 6 units; and
· one financial institution in the form of a credit union.
The amendment also proposes:
· to redefine the limits of the environmental protection area;
and
· provide some private open space amenity area.
1.4 Rezoning: Appropriate to implement the proposed Official Plan Amendment.
1.5 Site Area: 7.3 hectares (18.0 acres)
2.0 LOCATION
2.1 The subject lands are located at the southeast corner of Waverly Road and .
Baseline Road in Bowmanville (see Attachment 1). The proposed development .
area totals 7.3 hectares (18.0 acres). The property is located within Part Lots 12.
and 13, Broken Front Concession, in the former Town of Bowmanville.
3.0 BACKGROUND
3.1 On November 22, 2005, staff received official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit general retail
uses in excess of 929 m2 (10,000 ft2) and one financial institution in addition to
permitted highway commercial uses. The proposal encompassed a portion of
the Shell Canada lands that were to be purchased by the applicant as well as the
applicant's lands west of the Spry Avenue right-of-way south of Baseline Road
with the exception of the lands that were severed for the RONA Home
Improvement Centre (See Attachment 1).
1735
REPORT NO.: PSD-077 -08
PAGE 4
3.2 A statutory Public Meeting was held on May 8, 2006 for the application. No
member of the public spoke either in support of or in opposition to the
application.
3.3 Halloway Holdings Limited and Metrus Developments Inc. were approved for
new commercial development in the Bowmanville West Town Centre. After the
Public Meeting, both developers sought clarification that the proposal would not
adversely affect their proposals. A review of this matter by our retail market
consultant concluded that the proposal would have no negative impacts provided
the amount of proposed retail f100rspace would not be increased beyond the
6,050 m2 (65,000 ft2) that was contemplated for this site through the Commercial
Policy Review. Since the proposal merely seeks more flexibility rather than an
increase in retail commercial f1oorspace, both developers were satisfied that their
interests would not be adversely affected. Both developers have been notified of
this revised application.
3.4 On April 1, 2008, staff received revised official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit a greater
variety of retail commercial store sizes and a financial institution in addition to
permitted highway commercial uses. While the previous application
contemplated a minimum floor space size of 10,000 ft2, the revised application
floor space with the 10,000 ft2, 5,000 ft2, and 2,500 ft2 ranges to permit greater
leasing f1exibili~. Again, the applicant would be permitted the greater flexibility up
to the 65,000 ft retail commercial f100rspace limit.
The revised application also incorporates the proposed redefinition of the
floodplain in accordance with an approved environmental impact study prepared
for the subject lands, which was previously proposed through application ZBA
2003-037.
Finally, the revised application proposes private open space amenity space
associated with the hotel and fitness centre in the valleyland. The proposal now
encompasses a portion of the Shell Canada lands that are to be purchased by
the applicant as well as the applicant's remaining lands with the exception of the
lands that were severed for the RONA Home Improvement Centre (see
Attachment 1).
3.5 A statutory Public Meeting was held on June 2, 2008 for the application.
Although no member of the public spoke either in support of or in opposition to .
the application, a concern was raised on behalf of the Bowmanville Business
Improvement Area (BBIA) that the additional f100rspace would have negative
impacts on the Downtown.
The BBIA provided the following objections on the application. . '
· The population growth for the additional 10,000 ft2 proposed by the applicant .
has yet to be realized.
· The 1985 Ontario Municipal Board decision on the subject lands for the
proposed Pythbow Development Limited application remains relevant today.
1736
REPORT NO.: PSD-077 -08
PAGE 5
· The permanent layoffs at General Motors coupled with high fuel prices will
make home purchases in Clarington less attractive, resulting in lower retail
demand.
These issues will be addressed in Section 9.4 of this report.
3.6 A site plan application (SPA 2003-036) has also been submitted for
consideration. Potential tenants would occupy the larger buildings shown on the
site plan (See Attachment 1).
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is currently vacant and has a gradual slope towards the
Bowmanville Creek and Highway 401. Site servicing work was undertaken to
service the RONA home improvement store property.
4.2 Surrounding Uses:
East:
North:
West:
South:
Open space lands associated with the Bowmanville Creek
Urban residential, RONA, and open space lands
Shell gas station and Bowmanville Auto Mall
Highway 401
5.0 PROVINCIAL POLICY
5.1 Provincial Policv Statement
The proposed development application proposes to provide an increase in the
range of large format retail uses and floor space flexibility for the site. The
existing highway commercial designation permits commercial uses that serve
area residents and the traveling public. Provincial Policy states that there shall .
be an appropriate mix and range of serviced commercial lands available to meet
the long-term needs of the community.
The Provincial Policy Statement supports long-term economic prosperity by.
maintaining, or where possible, enhancing the viability of downtowns and main
streets. Planning decisions on commercial matters must consider possible
impacts of proposals on downtown areas to ensure that the size, amount, and
range of uses do not negatively affect downtowns.
5.2 Provincial Growth Plan
The Provincial Growth Plan for the Greater Golden Horseshoe directs new
development to existing serviced urban centres and encourages a compatible
mixture of land uses within the urban centres. Compact urban growth is
encouraged in urban centres and along transportation corridors. The provision of
additional retail choices for existing and future residents supports the goals of the
Provincial Growth Plan.
1737
REPORT NO.: PSD-077-08
PAGE 6
6.0 OFFICIAL PLANS
6.1 Durham Reqional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area".
Special purpose commercial uses are permitted in this designation provided that
they are designated appropriately in the local Official Plan and zoned on the local
Zoning By-law. The proposal conforms to the Durham Regional Official Plan. .
6.2 Clarinqton Official Plan
The Clarington Official Plan designates the subject lands "Highway Commercial
Area". Lands within this designation shall serve the specialized needs of
residents on an occasional basis with services and facilities, which consume
large parcels of land, require exposure to traffic and may require outdoor storage
and display of goods. Permitted uses include automotive sales and service,
home improvement centres, large-format home furnishing stores and similar
stores, garden centres and nurseries, restaurants, hotels and similar uses.
The amendment proposes to increase the range of retail floor sizes on the site
and add a financial institution.
7.0 ZONING BY-LAW CONFORMITY
7.1 The portions of the property under consideration are zoned "Holding - Special
Purpose Commercial ((H)C5) Zone", "Special Purpose Commercial (C5) Zone",
"Environmental Protection (EP) Zone", and "Environmental Protection Exception
(EP-2) Zone", which do not permit the proposed uses. In order to permit the
proposed development, a rezoning application was submitted for consideration.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Services and Clarington Emergency Services
Departments have no objections to the applications. Their development issues
related to road improvements on Baseline Road, entrance construction, site
servicing, stormwater management, grading, fire routes, and Ontario Building
Code compliance will be addressed through site plan approval.
8.2 The Durham Regional Planning Department advised that the proposal may be
permitted on the subject lands provided that the policies of the Clarington Official
Plan permit the additional range of uses. The proposed private open space
amenity area is permitted provided that it does not impact the key natural
heritage or hydrological features. This application has been exempted from
Regional approval.
1738
REPORT NO.: PSD-077-08
PAGE 7
8.3 The Durham Regional Public Works Department has no objections to approval of
these applications. The site is serviced by municipal sanitary sewer and water
supply services from Baseline Road. Access to the development from Waverly
Road will be permitted only in the form of a right-in access.
8.4 CLOCA has no objections to the proposal provided that the following issues are
addressed.
· The limits of the environmental protection zoning can be adjusted to reflect
the revised limits of the Regional Storm of the Bowmanville Creek. This limit
will be determined through the cut and fill operation, which has not been
completed to date. Until a survey of the final grading configuration is provided,
CLOCA requests that a Holding "H" symbol be placed on the lands.
· Additional information on area grading as well as the trails and the fitness
stations was sent to CLOCA for review. Confirmation that no additional fill will
be placed in the area was also provided by the applicant. Although CLOCA
would prefer that the property be zoned "EP" and dedicated to the
Municipality, they are satisfied that the proposed private open space amenity
area will not have any detrimental impacts on the natural function of the
valleyland.
8.5 The Ministry of Transportation similarly offers no objections to these applications.
The Ministry's development issues related to stormwater management,
development setbacks, entrance location, illumination, and signage will be
addressed through site plan approval.
9.0 COMMENTS
9.1 Purpose of the Application
9.1.1 Highway Commercial Areas generally consist of larger parcels designed to
accommodate larger format types of commercial uses, which typically included
home improvement stores, motor vehicles sales and service centres, garden
centres, hotels, restaurants, and service stations. Through the Commercial
Policy Review, the range of permitted land uses for Highway Commercial Areas
was broadened to include large-format home furnishing stores and other similar
large format retailers.
9.2 Broadeninq of Retail Formats and Uses
9.2.1 Commercial Policy Review
The subject lands were examined as part of the Commercial Policy Review by
urbanMetrics Inc., the Municipality's retail market consultant. In evaluating retail
development potential for various commercial sites outside of the Bowmanville
West Town Centre, a total of 6,050 m2 (65,000 ft2) was .assigned to the subject
lands for retail purposes. This proposal would essentially divide this allocation
into different unit sizes and retail use categories.
1739
REPORT NO.: PSD-077-08
PAGE 8
9.2.2 Medium-Format Retail and Uses
The applicants are seeking a broader range of general retail uses that would
permit medium-sized format tenants in home furnishings, home electronics,
sporting goods, apparel and similar lines of merchandise. Only three buildings
could accommodate the proposed four medium-format retail stores within the
development.
Staff can support a medium retail format with a minimum of 929 m2 (10,000 ft2)
and a maximum of 2,500 m2 (26,900 ft2) for the following reasons.
· Given the existing property fabric, there is very little opportunity for a 929
m2 (10,000 ft2) store to locate in downtown Bowmanville.
· This offers retail tenants some location choices in the Bowmanville
marketplace other than the Bowmanville West Town Centre.
· Permitting medium-format retail uses on the subject lands is appropriate
from an urban form perspective. Many of the permitted highway
commercial uses, including the proposed RONA, are larger format uses by
nature. Broadening the range of medium format uses in this location is
appropriate.
9.2.3 Smaller Retail Format and Uses
The applicants are also seeking a broader range of general retail uses that would
permit up to 6 smaller retail tenants in home accessories, electronics, and
apparel as follows:
. Up to 20,000 ft2 of space for stores between 5,000 ft2 and 10,000 W.
· Up to 15,000 ft20f space for stores between 2,000 ft2 and 5,000 ff.
Staff can support a smaller retail format for the following reasons:
· Successful commercial developments typically contain on a variety of floor
space sizes to attract a diversified group of retailers. While larger retails
act as the anchors to draw customers, smaller retailers will cluster in the
area, relying on the drawing power of larger chains.
· A maximum of 5 units are possible for the smallest floor plate. This is onl~
15,000 ft. 2 out of the total project of over 200,000 W, of which 144,000 ff
is estimated to be retail uses (inclusive of RONA).
. A review of the retail inventory for Downtown Bowmanville indicates that
there are very few existing stores with a floor area over 2,500 ft2 and even
fewer over 5,000 fe in size. It is staff's view that with the restrictions on
smaller units in the Bowmanville West Town Centre, the limited number of
smaller retail units in this project should not have a negative impact on the
downtown.
· Staff have had several inquiries from potential smaller tenants on the
subject lands, that will not locate in a downtown environment.
9.3 Financial Institutions
9.3.1 Although the revised Highway Commercial Area policies specifically do not
permit banks, the applicant applied to permit credit union with a drive-through
1740
REPORT NO.: PSD-077 -08
PAGE 9
facility on the subject lands. The Commercial Policy Review identified financial
institutions as a key anchor for downtown areas and as such has limited the
number of banks in the Bowmanville West Town Centre to two.
9.3.2 Staff have reviewed this matter and are prepared to support a credit union on the
subject lands for the following reasons.
· The policy direction in the Commercial Policy Review towards retaining
banks in downtown Bowmanville was designed to maintain a vibrant range
of existing uses in the downtown area. While financial institutions provide
an important anchor function for downtowns the proposal would not attract
an existing bank out of the downtown.
· The Commercial Policy Review limits new financial institutions to two in
the Bowmanville West Town Centre. There are few other opportunities in
this area for the credit union to locate.
· Drive-through facilities are appropriate in Highway Commercial Areas
since there are no compatibility issues with adjacent land uses. The site
also offers sufficient space for a drive-through facility.
Staff would place a provision in the enabling Zoning By-law that would only
permit a credit union on the subject lands that is not currently represented in
Bowmanville at this time.
9.4 Addressinq the Bowmanville BIA Concerns
9.4.1 The Bowmanville BIA feels that population growth for the additional floor space
as proposed by the applicant has not been realized. As a clarification, the
a~plicant is not requesting additional floor space beyond the 6,050 m2 (65,000
ft ) that was allocated to the property through the Commercial Policy Review.
From a retail perspective, the applicant has simply requested only floor space
and use flexibility.
The retail market impact study conducted for the Commercial Policy Review was
predicated on a "worst case scenario" of all approved floor space in West
Bowmanville being developed by 2008. Although our retail market analyst
advised that the proposed floor space in West Bowmanville could be
accommodated, the market principle of natural phasing would result in the space
being constructed over a longer period of time.
A wide variety of uses with no retail thresholds are currently permitted as of right.
The Commercial Policy Review assumed a maximum 65,000 ft2 of retail space on
the site (exclusive of RONA).
9.4.2 Staff have reviewed the Ontario Municipal Board decision for Pythbow
Development Limited as rendered in 1985 on the subject lands. The decision did
not provide any policy guidance, floor space limits, or use provisions, but merely
expanded the zoned limits for highway commercial uses. While the BBIA feels
that the provisions remain relevant today, the. retail environment has evolved
during the last 25 years. It should be noted that no Department Store or grocery
store would be permitted.
1741
REPORT NO.: PSD-077 -08
PAGE 10
9.4.3 While the layoffs at General Motors in Oshawa and higher fuel prices are very
unfortunate and may have some residual impacts on the Municipality, they are
part of the larger economic forces beyond the local scope of land use planning;
however, the goal of the proposal is to create additional opportunity for retail
uses to locate in Clarington, which should benefit our residents since they won't
have to travel further to reach these opportunities and hence reducing their
gasoline consumption.
9.4.4 Staff also met with representatives of the Bowmanville BIA to discuss their
concerns and clarify the intent of the applications. Staff reiterated that the goal of
the approvals was provide more flexibility for the subject lands while still
maintaining sufficient differentiation between Downtown Bowmanville, West
Bowmanville, and this location.
9.5 Revision to the Environmental Protection Limits
9.5.1 An Environmental Impact Study (EIS) was prepared in December 2005 by
Aquafor Beech on behalf of the Municipality and the applicant to determine the
whether redefining the "EP" zoning limits for the Bowmanville Creek floodplain
had any detrimental impacts on the natural environment. The study examined
the impacts of:
· potential for creek contamination and impacts on fisheries by stormwater from
the development;
· impacts of removing the former C.N. Rail spur line elevated rail bed and
bridge over Bowmanville Creek;
· lighting impacts from the development on wildlife habitat and corridor
functions; and,
· changes to flooding characteristics as a result of filling and construction within
the floodplain.
9.5.2 The study concluded that the "EP" limits could be redefined without causing a
negative environmental impact on the natural environment, the Bowmanville
Creek fishery, and the flood storage capacity of the valley. The study concluded
that the new limits of the environmental protection zoning should be placed along
the 83.1 m contour. The new limit of the "C5-14" zone implements this
recommendation and is supported by CLOCA.
9.5.3 The study identified that the following mitigation measures be implemented
through site plan approval of the property:
· a stormwater management report addressing quantity, quality, and any other
concerns identified as a result of stormwater discharge into the receiving
watercourse;
· approval of erosion and sedimentation control plans for construction; and,
· limitations on the outdoor storage of materials and construction of necessary
containment measures.
Staff would advise that study recommendations on stormwater management
relating to the RONA development were implemented through site plan approval
for that development.
1742
REPORT NO.: PSD-077-08
PAGE 11
9.5.4 CLOCA has requested that the Holding (H) symbol be placed on the area zoned
for the expanded commercial development area, to ensure that the applicant
prepares a final grading survey for approval by CLOCA.
9.5.5 Although a portion of the RONA parking area has environmental protection
zoning, the recommendations of the Environmental ~mpact Study as they pertain
to the RONA property are being implemented by rezoning the "EP_2" portion of
the property to "CS".
9.6 Private Open Space Amenitv Area
9.6.1 The Clarington Official Plan requires that all valleyland be dedicated gratuitously
to the Municipality. Through a previous site plan application, the applicant has
already dedicated 4.3 hectares of valleyland associated with these land holdings
to the Municipality; however, the applicant wishes to retain a 1.6 hectare portion
of valleyland as private open space amenity area immediately east of the
commercial area to be used in association with the proposed hotel and fitness
centre. The amenity area is proposed to consist of walking trails and fitness
stations with exercise equipment. . The area would also be replanted with trees
and naturalized areas. A copy of the proposed private open space amenity area
is contained in Attachment 2.
9.6.2 Although the Municipality typically does not permit valleyland areas to remain in
private ownership, Staff are prepared to grant an exception on the following
basis.
· The proposed private open space amenity area would only be operated in
conjunction with a hotel and convention facility/banquet hall. The amenity
area would consist of walking trails and fitness stations, which could be
viewed as an accessory use in this instance. Hotel patrons could use the
facility for exercise and relaxation purposes. The amenity area would also
serve an accessory outdoor fitness function to a fitness centre. Finally, a
convention facility or banquet hall could use the area for weddings and
relaxation purpose a well. From this perspective, the amenity area can be
considered an accessory use.
· As an exception to the Municipality's policies, it could be viewed as an
incentive to attract a significant hotel project. It is suggested that the hotel be
a minimum of 100 rooms in size.
· The applicant has satisfied ClOCA that the grades for the area will not be
increased not that the equipment has any negative impact on the natural
environment. Potential spring flooding would not have any negative impact
on the amenity area.
· These gardens, trail system and outdoor fitness facility would be used as an
asset to the open space system.
· There should be a sunset date to attract such a hotel after which the lands
should be transferred to the Municipality. It is recommended that the
proponent be given 6 years.
1743
REPORT NO.: PSD-077-08
PAGE 12
10.0 CONCLUSIONS
10.1 In consideration of the comments received from circulated agencies and review
of the proposal, subject to appropriate arrangements with respect to the private
open space, it is recommended that the application to amend the Clarington
Official Plan and Zoning By-law 84-63, as amended, be APPROVED.
Attachments: .
Attachment 1 - Key Map
Attachment 2 - Proposed Private Open Space Amenity Area
Attachment 3 - Amendment 54 to the Clarington Official Plan and By-law
Attachment 4 - Zoning By-law Amendment
Interested parties to be notified of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Sam Cohen, Torgan Group
Joe Cavallo, Shell Canada Products Limited
Robert Hann, Halloway Holdings Limited
Robert DeGasperis, Metrus Properties Inc.
Catherine Spears, Catherine Spears & Associates Inc.
Edgar Lucas, Bowmanville Business Improvement Area
1744
Attachment 1
To Report PSD-077-08
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Attachment 3
To Report PSD-077-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2008-_
being a By-Law to adopt Amendment No. 54 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit a greater variety of retail
uses and size formats, one financial institution, redefined limits to the environmental
protection areas, and a private open space amenity area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 54 to the Clarington Official Plan, being the attached
Explanatory Text, is hereby adopted;
2. This By-Law shall come into force and take effect on the date of the passing hereof.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1747
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
AMENDMENT NO. 54
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
The purpose of this amendment is to permit a greater range of retail
formats within a proposed Highway Commercial development. The
additional uses would consist of medium format retail stores with a
minimum gross floor area of 929 m2, small retail stores with a
minimum gross floor area of 465 m2, small retail stores with a
minimum gross floor area of 232 m2, one financial institution, and
private open space amenity area.
The application is based on an Official Plan Amendment application
(COPA 2005-0010) submitted by Bowmanville Creek
Developments Inc.
The Municipality of Clarington Official Plan is hereby amended
as follows:
1. By including an exception to Section 23.14 to create Section
23.14.9 as follows:
"23.14.9 Notwithstanding Section 10.8.1, in addition to
permitted Highway Commercial uses, the following shall be
permitted on the lands located east of Waverly Road, south
of Baseline Road legally described as Part of Lots 12 and
13, Broken Front Concession, Former Town of Bowmanville:
a)
general retail uses for the property are limited to:
i) a maximum of 3,700m2 of gross floor space for
medium format retail uses with a floor space
between 929 m2 and a maximum gross floor area
of 2,500 m2 per unit;
ji) a maximum of 1,900 m2 of gross floor space for
stores with a gross floor area between 465 m2 and
929 m2 per unit;
Hi) a maximum of 1,400 m2 of gross floor space for
stores with a gross floor area between 232 m2 and
465 m2 per unit;
one credit union not present in the Bowmanville
Urban Area prior to July 14, 2008; and
private open space amenity area for use in
conjunction with a hotel containing at least 100 rooms
constructed prior to December 31,2014".
b)
c)
2. By amending Map A3 as indicated on Exhibit "A" attached to
this amendment.
1748
IMPLEMENTATION: The provIsions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall apply in
regard to this amendment.
"
1749
Exhibit "A", Amendment No. 54 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
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Change From "Environmental Protection
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LAKE ONTARIO
1750
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
Attachment 4
To Report PSD-077-08
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with applications COPA 2005-0010 and ZBA 2005-0058 to
'permit a greater variety of retail uses and size formats, one financial institution,
redefined limits to the environmental protection areas, and a private open space
amenity area;
AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
whereby it would not come into effect until such time as Official Plan Amendment No. 54
is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.14 as
follows:
"20.4.14
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-14) ZONE
Notwithstanding Section 20.1, those lands zoned C5-14 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses:
a) Definitions
Credit Union shall mean a corporation incorporated as a credit union or
caisse populaire under the Credit Unions and Caisee Populaires Act.
Clothing shall mean a building or part of a building which is used for the
retail sale of clothing, apparel, and/or related fashion accessories.
Drive-Through Facility shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or services,
either wholly or in part, through a window or an automated machine, to
customers remaining in motor vehicles which are located in a stacking
lane. A drive-through facility may be established in combination with other
permitted non-residential uses.
Furniture and Home Furnishings shall mean a building or part of a
building which is used for the retail sale of furniture, home furnishings, and
accessories.
Home Electronics shall mean a building or part ,of a building which is used
for the retail sale of household electronics.
Major Appliances shall mean a building or part of a building which is used
for the retail sale of major household appliances.
1751
Medium Format Retail Store shall mean a building or part of a building
having a minimum total floor area of 929 m2 and a maximum floor area of
2,500 m2, in which goods, wares, merchandise or related services are
offered or kept for sale at retail or on a rental basis.
Office Furniture and Supplies shall mean a building or part of a building
which is used for the retail sale of office fumiture, office electronics, and
office supplies.
Pets and Pet Supplies shall mean a building or part of a building which is
used for the retail sale of pets and pet supplies.
Sporting Goods shall mean a building or part of a building which is used for
the retail sale of sporting goods and related clothing and apparel.
Stacking Lane shall mean a queuing lane for motor vehicles which is
located on the same lot as the drive-through facility and which is
separated from other motor vehicle traffic on the same lot by barriers or
curbs.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i) an eating establishment;
ii) an eating establishment - take-out;
iii) an eating establishment with a drive-through facility;
iv) a credit union not represented in the Bowmanville Urban Area prior to
July 14, 2008;
v) a garden or nursery sales establishment;
vi) a hotel, motel, or motor hotel containing a minimum of 100 rooms;
vii) a medium format store containing a furniture and home furnishings,
major appliances, motor vehicle equipment and supply
establishments, office furniture and supplies, home electronics,
clothing, pets and pet supplies, or sporting goods;
viii) a retail commercial establishment;
ix) a place of entertainment;
x) a private club;
xi) a tavem; and
xii) a veterinarian.
d. Regulations for Non-Residential Uses
i)
A combined maximum of 6,050 m2 of total floor area shall be
permitted for non-residential uses contained in Section 20.4.14 (c) vii
and in Section 20.4.14 (c) viii. .
A maximum total floor area of 3,716 m2 is permitted for medium
format stores.
For retail commercial establishments a maximum total floor area of
1,858 m2 is permitted for stores containing between a minimum
gross floor area of 465 m2 and a maximum gross floor area of 929
m2 per unit,.
For retail commercial establishments a maximum of 1,400 m2 is
permitted for stores containing a minimum gross floor area of 232
m2 and a maximum gross floor area of 465 m2 per unit.
With the exception of food sold in an eating establishment, the sale of
food and supermarket items are not permitted within non-residential
uses contained in Section 20.4.14 (c) viii.
Notwithstanding Section 19.3 (0, where a building has a total floor
area less than 500 m2 or abuts an EP zone, the exterior side yard
setback of such a building shall be a minimum of 5 metres.
ii)
iii)
iv)
v)
vi)
1752
e. Regulations for Drive-Through Facilities
Where a drive-through facility is permitted, the following requirements
shall apply:
i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with the
use of any parking space required to be provided on the lot on
which the drive-through facility is located.
iii) No portion of the stacking lane shall be located between a building
and a street line.
iv) Notwithstanding Section 20.4.14 (e) (i), the minimum length for a
stacking lane for a drive-through facility associated with a credit
union is 24 metres."
2. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP)
ZONE" is hereby amended by introducing a new Sub-Section 5.2.16 as follows:
"5.2.16
ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE
Notwithstanding Section 5.1, those lands zoned EP-16 on the Schedules to this By-
law shall only be developed and used for a private landscaped open space amenity
area containing walking trails, gardens and outdoor fitness equipment in
association with a hotel containing a minimum of 100 rooms to be constructed prior
to December 31,2014. No playing fields, buildings, or structures are permitted."
3. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial
Exception (C5-14) Zone";
"Special Purpose Commercial (C5) Zone" to .Environmental Protection (EP) Zone";
"Holding - Special Purpose Commercial ((H)C5) Zone" to "Special Purpose
Commercial Exception (C5-14) Zone";
.Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
(C5) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
.Environmental Protection (EP) Zone" to "Special Purpose Commercial Exception
(C5-14) Zone"
.Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
Exception (C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Environmental Protection
(EP) Zone" ; and
1753
"Environmental Protection (EP) Zone" to "Holding - Environmental Protection
Exception ((H)EP-16) Zone"
as shown on the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall fonn part of this By-Law.
5. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 24, 34 and 36 of the Planning Act, R.S.O. 1990.
By~Law read a first time this day of
2008
By-Law read a second time this day of
2008
. By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Clerk
1754
This is Schedule II A" to By-law 2008-
passed this day of , 2008 A.D.
,
H_
HIGHWAY 401
J
~ Zoning to Remain"EP"
~ Zoning Change From "EP-2" To "EP"
~-:-:-:-::f Zoning Change From "C5" To "EP"
U.1J Zoning Change From "EP" To "(H)EP-16"
~ Zoning Change From "EP-2" To "C5"
k~~(~~~;i~zil Zoning Change From "EP-2" To" C5-14"
~ Zoning Change From "EP" To "(H)C5-14"
~ Zoning Change From "C5" To "C5-14"
~ Zoning Change From "(H)C5" To "e5-14"
Jim Abernethy, Mayor
BOWMANVILLE
Patti L. Barrie, Municipal Clerk
755
Cl!Jlmgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
Date:
Monday, December 1, 2008
Addendum to
Report #: PSD-111-08
File #: RE 16.32
By-law #:
Subject:
PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON
CATHOLIC DISTRICT SCHOOL BOARD SURPLUS PROPERTY SALE -
ST. STEPHEN'S ELEMENTARY SCHOOL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Addendum to Report PSD-111-08 be received;
2. THAT the Peterborough Victoria Northumberland and Clarington Catholic District
School Board be advised that the Municipality of Clarington declines the Offer to
Purchase the St. Stephen's Elementary School, 80 Rhonda Boulevard, Bowmanville;
and
3. THAT the Peterborough Victoria Northumberland and Clarington Catholic District
School Board and all interested parties be notified of Council's decision.
~
Submitted by: Davi . Crome, MCIP, RPP
Director of Planning Services
a~~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
IUFUsn/df
25 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILL.:E, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
1756
ADDENDUM TO REPORT NO.: PSD-111-08
PAGE 2
1.0 BACKGROUND
1.1 On November 3, 2008 the General Purpose and Administration Committee, through
resolution #GPA-601-08, referred Report PSD-111-08 back to staff for a review of any
environmental aspects of the facility and for consideration of any opportunity for this
facility to be used by the Clarington Older Adult Association.
1.2 On November 20th a tour of the building was given by Stephen MacPhee, Manager of
Purchasing, Planning and Facility Administration for the School Board, to members of
Council, staff, the Executive Director of the Older Adult Association and members of
their Board of Directors; the President of the Board of Directors of the Visual Arts Centre
and the Administrator of Clarington Home Support, Community Care Durham also
attended.
2.0 POTENTIAL USES FOR MUNICIPAL DEPARTMENTS
2.1 As noted in Report PSD-111-08, all Departments were canvassed to determine if there
any potential uses for future facilities or programs. No municipal department has
identified any potential use.
3.0 POTENTIAL USE FOR RELATED AGENCIES COMMUNITY GROUPS OR OTHER
USES
Further to Council's resolution of November 3, 2008, and further comments made at
November 10th Council meeting, staff reviewed with a number of municipality-related
groups regarding the potential for the use of St. Stephens Elementary School.
3.1 Clarinqton Older Adult Association (COM)
Members of the Board and the Executive Director attended the site visit. The COM is
unable to provide formal comments on their potential use of the property until the Board
members are available to meet during the week of December 1 st. The Executive
Director of the Association will provide comments from the Board to Council for the
Council meeting of December 8th. The COM are currently in the process of reviewing
their long-term space needs and are planning to undertake a strategic plan in 2009 with
respect to their long-term requirements. We understand that their most immediate
needs would be met in the existing facility in space occupied by other tenants.
3.2 Community Care Durham
Community Care Durham attended the site visit. At the present time, Council
authorized sole source negotiations with Community Care for the use of the Total
Hockey space. They are looking for office space for home support and COPE programs.
The property is not on a local transit stop, it is not wheelchair accessible, there is no air
conditioning, there is limited parking, the costs of renovating the building and any costs
associated with the removal of asbestos is unknown. The Administrator has indicated
that the St. Stephens School is not desirable for their purposes.
1757
ADDENDUM TO REPORT NO.: PSD-111-08
PAGE 3
3.3 Clarinqton Library
The Library Director has indicated that there are no funds available to purchase this
property. Should the site be acquired by the Municipality the library could use the
building for seasonal storage, administrative archives, storage of items for the annual
Durham sale, storage of bulk library supplies, a public training room and internet
facilities.
3.4 Visual Arts Centre
The location of the property is not suitable for a public art centre as it is in an isolated
residential neighbourhood where there is little pedestrian traffic. The Visual Arts Centre
would prefer a central location in the downtown core. Their concerns with the site
included that the property is not directly on a transit route, there is insufficient parking
available on site, it is not wheelchair accessible, and although the rooms could be used
for studios, classrooms and exhibition spaces, many of the walls are cement block
which is a challenge for exhibiting wall art. The President of the Board of Directors does
not recommend that the property be acquired for the Visual Arts Centre's use.
3.5 Community Resource Centre
At the present time, the Municipality leases space to community organizations in its
facilities. This includes the Beech Centre, leased space to a daycare and Community
Care and of the Court House/former Fire Station building on Church Street with leased
space for the John Howard Society, Community Living Oshawa and the Ontario Realty
Corporation for the Provincial Courts. The Firehouse Youth Centre is one of the
programs operated by John Howard Society. The Court Service lease will expire when
the Consolidated Courthouse in Oshawa is operational.
As the Municipality continues to grow, there will inevitably be a need for additional
space for municipal staff. One option would be the use of Court House/Fire Hall building
for expansion requirements.
If Council wanted to continue to provide space for the existing tenants and other social
services and youth oriented organizations, such as Grandview Children's Centre, Big
Brothers/Sisters or the YMCA, consideration could be given to the St. Stephen's School
facility. At this time, however, there is no way of knowing whether this facility would
meet the needs of these various agencies, how much each organization could
contribute to the purchase and operation of the centre or whether some of their
programs could be operated out of other Municipal facilities to create synergies with the
Municipality's recreational programs. St. Stephens School is not ideally located for this
type of facility and there is no time to explore the feasibility of this concept.
3.6 Social Housinq or Social Services
Regional Housing staff were contacted to inquire whether there may be a Regional use
for the site for social housing. At the present time there is no funding available from
senior levels of government for the Region to expand is supply of social housing stock.
Even if there was funding, the site would need to be evaluated in relation to community
1758
ADDENDUM TO REPORT NO.: PSD-111-08
PAGE 4
needs across the Region and the suitability for conversion or redevelopment. There is
no other identified need for the expansion of social services. The Region of Durham is
one of the public agencies that was circulated by the Separate School Board for
consideration of the site. The Region has their own opportunity to express an interest in
this facility' in the same manner as Clarington as they are one of the circulated agencies.
4.0 ENVIRONMENTAL CONDITIONS
4.1 Jacques Whitford Limited was commissioned by the Peterborough Victoria
Northumberland and Clarington Catholic District School Board to conduct an Asbestos-
Containing Building Materials Assessment of St. Stephen's Elementary School. The
report, dated June 13, 2008, was completed to assist the Board in meeting
requirements of the new asbestos regulation, Ontario Regulation 278/05 made under
the Occupational Health and Safety Act.
4.2 The Assessment's summary of findings identified the following:
· linoleum sheet flooring as a friable asbestos-containing material. Friable materials
are those which can easily be crumbled or broken apart thereby dispersing
asbestos fibres into the atmosphere. The linoleum sheet flooring, which is located
on the first floor, was observed as being in good condition;
· the floor tile on both the first and second floors, which was identified as a non-friable
asbestos-containing material. Non-friable materials are materials that do not break
up easily. The existing floor tile was also noted as being in good condition; and
· a list of presumed asbestos-containing materials was provided which included
roofing materials, window, door and roof caulking materials, mastic, and
chalkboards. The report notes that these materials were observed to be in good
condition.
4.3 A number of materials that could not be tested due to access restrictions but that may
have asbestos content. These include items such as drywall and/or wall plaster
materials concealed behind new and/or additional walls, inner ducting insulation, heat
protection material inside mechanical installations and light fixtures. There were no
damaged asbestos-containing materials found in the building.
4.4 The Assessment recommends that areas planned for demolition or renovation work
should undergo intrusive testing to identify suspected asbestos containing materials in
concealed areas. Presumed asbestos-containing materials should be tested to
determine their asbestos content. All materials confirmed to contain asbestos within the
renovation or demolition work areas should be removed in accordance with Provincial
reg u lations.
1759
ADDENDUM TO REPORT NO.: PSD-111-08
PAGE 5
5.0 ACQUISITION, RENOVATION AND FINANCIAL ISSUES
5.1 As noted in PSD-111-08, the appraised value of St. Stephen's Elementary School is
$970,000. This was not identified in the Land Acquisition Strategy, nor was the need for
additional public use space included as part of our corporate strategic business plan.
5.2 Any costs associated with this building are unknown until it is determined what the
building will be used for. Staff from various Department's attended the site visit on
November 20th and made the following observations. The building is not wheelchair
accessible, has no air conditioning, and considerable costs may be involved to provide
both. An elevator would be required. The boilers are thirty years old and may need to
be replaced in the near future. Significant upgrades are required to the mechanical and
electrical systems, as well as the ceiling, floors and wall finishes. A full-sized kitchen
may need to be provided. Some or all of the asbestos products may need to be
removed to make the space suitable for offices. There are four portable on site that are
connected directly to the school and should be investigated for potential conditions such
as mould. These could be removed to make room for extra parking spaces. The gym is
small and may impact any potential revenues for community functions. There is
evidence of the roof having leaked which has caused shifting in the building and some
interior cracks in the flooring and ceiling. Portions of the exterior brickwork is cracked
and in need of repair. The condition of the roof is uncertain. A building assessment
should be completed to determine what the capital costs may be to bring the building up
to code requirements depending in the intended use.
5.3 The costs of acquisition and refurbishment/redevelopment appear to be substantial.
This has not been anticipated in the Municipality's capital works program and would
have to be funded from new sources. Any operating cost impact has not currently been
factored into preliminary 2009 budget implications.
6.0 CONCLUSION
6.1 On November 3rd, 2008 in. PSD-111-08, we advised that no municipal department
foresaw a need for using the St. Stephen's Elementary School for their programming.
That is not to say that there isn't need for additional space for municipal programming.
Rather, it is staff's view that it would be more effective to expand existing municipal
facilities or build new facilities with purpose-built design rather than converting an
existing structure. Using it for a new municipal purpose would require improvements for
accessibility and an unknown cost of handling asbestos-containing materials.
6.2 Although staff has contacted only a few agencies, no other community organization or
municipally-related organization has expressed an interest in this facility at this time or
indicated that they had funds to contribute to the acquisition and renovation of the
facility. In the case of the Older Adults Centre, they are reviewing their long term needs
through a strategic plan and it is premature to determine how this property could fit into
their plans.
1760
ADDENDUM TO REPORT NO.: PSD-111-08
PAGE 6
6.3 The Municipality has no identified source of funding for the acquisition and renovation.
The municipal acquisition reserve is being committed to priorities previously identified.
Capital funding for municipal facilities is identified through the development charges
process and no funding has been set aside for the uses discussed above. Only certain
uses are eligible under the Development Charges legislation. Council would likely have
to fully fund the building project through municipal reserves or the tax levy.
6.4 Staff recommend that the PVNC Catholic District School Board be advised that the
Municipality has no interest in acquiring the St. Stephen's Elementary School at 80
Rhonda Boulevard.
Interested parties to be advised of Council's decision:
Stephen MacPhee, PVNCC, District Separate School Board
Jean-Michel Komanicki, President, Visual Arts Centre Board of Directors
Sally Barrie, Administrator, Clarington Home Support, Community Care Durham
Angie Darlison, Executive Director, Clarington Older Adult Association
1761
Cl~Jlil]glOn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
December 1, 2008
Report #: COD~069-08 (Addendum)
File#_
By-law #
Subject:
RFP2008~9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF
TOTAL HOCKEY TRADE MARK
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-069-08 (addendum) be received for information;
2. THAT the Request for Proposal, RFP2008-9 process for the sale of Total Hockey Assets
and lease of the Total Hockey Official Mark be cancelled and the proponents be advised
accordingly;
3. THAT the artifacts be stored and staff review the options with respect to the disposition
of the artifacts and report back to Council with a recommendation, at the appropriate
time;
4. THAT the requirements of the Purchasing By-law be waived; and
5. THAT staff be authorized to explore opportunities for the licensing or release of the Total
Hockey Official Mark and report back to Council with a recommendation, at the
appropriate ~ '
Submitted by: ~ ~ Reviewed by: (--~ ~~
ar' rano, H.B.Sc., C.M.O., Franklin Wu,
D' ect Corporate Services Chief Administrative Officer
----.,.
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1762
REPORT NO.: COD-OG9-0S (addendum)
PAGE 2
1. BACKGROUND AND COMMENT
1.1 At the General Purpose and Administration Committee meeting of November 17, 2008,
Report COD-069-08 (copy attached as Schedule "A") was referred back to Corporate
Services and Community Services staff and the Chief Administrative Officer for a report
providing a response to the following:
. Why the collection is worth less now than when it was originally purchased;
. Why the Municipality can not sell the Trade Mark;
. A complete update of the collection inventory;
. An apples to apples comparison of the inventory appraisals.
1.2 The recommendation as outlined in the report is to continue with only one amendment to
the reference of the Trade Mark, which is now referred to as the Total Hockey Official
Mark.
2. ANALYSIS
2.1. The following is provided for information and in response to the above noted request for
information:
2.1.1
Why the collection is worth less now than when it was originally
purchased? This question is difficult to answer because we are dealing with
items whose value is driven by the market or demand. We have an appraisal
that estimates the value of the artifacts to be in the area of $51,800 whereas we
have a bid that suggests a value of $16,437.00. The appraiser provided an
estimate of what he feels the artifacts are worth on the market. The bidders in
this instance choose to place a value on the artifacts much lower than that of the
appraisal simply because that is what the bidder felt they were worth to him. This
approach or philosophy is confirmed by comments made during the viewing
which indicated that the bidder was not interested in all of the items, for example
lots 2,7,12,15 and 17 to 21, but would provide a token bid. If he was
successful, that would be fine; if not then this was not a concern. It is possible
that the high bidder was planning to break up the lots and resell some or all of
the items. If this was the intent his approach would be to buy as low as possible
hoping to make a profit on the sale. Please note that during a discussion with the
bidder he did indicate that he felt the overall value was close to the appraisal,
however, this is list price.
1763
REPORT NO.: COD-069-08 (addendum)
PAGE 3
It is unfortunate that others who expressed interest in the offering were not in a
position to bid. For example there was a museum that obtained the RFP
document and they expressed interest but later learned that they could not
obtain the funding necessary to make a bid submission.
In addition to the above, it is possible that the down turn in the economy may
have influenced the decision of some not to bid.
Although it is not possible to not respond directly to the Committee's request, the
above explanation offers suggestions as to what may have influenced the
response.
2.1.2. Why the Municipality can not sell the Trade Mark? When the municipality
registered the Total Hockey mark it was registered under the legislation covering
intellectual property. As such, when a public body registers a mark it is
designated an Official Mark as apposed to a trade mark that we are familiar with
and registered by the private sector. When a public authority registers an Official
Mark it cannot be sold, however it can be offered for use by another party and the
Municipality may charge a fee but the municipality retains ownership. The other
option is to withdraw the official mark so that a new applicant can apply to Trade
Mark the name Total Hockey. Once again a fee can be applied to this
withdrawal. A copy of the letter provided by the firm of Thomson Law Firm,
Barrister, Solicitor and Trade Mark Agent that speaks to this issue is attached as
Schedule "B".
2.1.3 A complete inventory of the Total Hockey assets (Schedule "C") has been
provided for Council's review. The inventory is separated into 4 sections:
. Appendix 1 - Transferred Assets from Brian McFarlane
. Appendix 2 - Loaned Assets from Brian McFarlane
. Appendix 3 -Items Donated (independent of Brian McFarlane)
. Appendix 4 - Items Purchased (independent of Brian McFarlane)
1764
REPORT NO.: COD-069-08 (addendum)
PAGE 4
2.1.4 A comparison of the 1998 & 2008 appraisals has been completed and is
attached as Schedule "0". While it is not possible to make a direct comparison on each
item, wherever possible staff have made those comparisons in order identify the major
differences in value.
2.2. In addition to the information requested and provided above, attached to this report is
the following additional documentation:
· Schedule "E" - Brian McFarlane Museum Appraisal, December 8,1998
· Schedule "F" - Total Hockey Collection Appraisal, June 5,2008
· Schedule "G" - Agreement of Purchase and Sale, October 29, 2003
· Schedule "H" - Brian McFarlane Hockey Museum, List of Inventory, July 2003
3. CONCLUSION
3.1. The foregoing report responds to the areas of concern raised at the GP&A Meeting of
November 1ih. The possible reasons for the disparity in the appraisal versus the actual
bids have been provided in addition to the "apples to apples comparison" for the
inventory appraisals. It is respectfully recommended that report be received for
information and the recommendations as proposed in Report COD-069-08 as amended
(Trade Mark vs Official Mark) be approved.
3.2. Subsequent to the closing of the RFP, there have been two (2) contacts expressing an
interest in the artifacts. At the appropriated time staff will report back to Council should
any future expression or interest dictate either a re-issue of the RFP or alternative
options for disposal of the artifacts, that may be in the best interest of the Municipality.
1765
REPORT NO.: COD-069-08 (addendum)
PAGE 5
Attachments:
Schedule "A" - Report COD-069-08
Schedule "B" - Letter from the Thomson Law Firm
Schedule "C" - Total Hockey Inventory
Schedule "0" - 1998/2008 Appraisal Comparison
Schedule "E" - Brian McFarlane Hockey Museum Appraisal, December 8, 1998
Schedule "F" - Total Hockey Collection Appraisal, June 5,2008
Schedule "G" - Agreement of Purchase and Sale, October 29, 2003
Schedule "H" - Brian McFarlane Hockey Museum, List of Inventory, July 2003
1766
Q~mglOn
SCHEDULE "A" - COD-069-08
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 17, 2008
Report #: COD-069-08
File#_
By-law #
Subject:
RFP2008-9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF
TOTAL HOCKEY TRADE MARK
Recommendations:
It is respectfUlly recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-069-08 be received;
2. THAT the Request for Proposal, RFP2008-9 process for the sale of Total Hockey Assets
and lease of Total Hockey Trade Mark be cancelled and the proponents be advised
accordingly;
3. THAT the artifacts be stored and staff review the options with respect to the disposition
of the artifacts and report back to Council with a recommendation, at the appropriate
time; and
4. THAT the requirements of the Purchasing By-law be waived; and
5. THAT staff be authorized to explore opportunities for the licensing of the Total Hockey
Trade Mark and report back to Council with a recommendation, at the appropriate time.
Submitted by:
~
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by:
\
-
~~(-(;~k1t
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41691767
REPORT NO.: COD-069-08
SCHEDULE "A" - COD-069-08
PAGE 2
e
1.
BACKGROUND AND COMMENT
1.1. Request for Proposal RFP2008-9 for the sale of Total Hockey Assets and the Lease of
the Total Hockey Trade Mark was advertised on the Municipality's website, the Ontario
Public Buyers website and also in the local newspaper. In addition, known potential
bidders were contacted by fax to advise of the opportunity.
1.2. In conjunction with the promotion of the sale, viewing days were established to allow
interested parties to inspect the artifacts in preparation for a bid submission.
Arrangements were also made to accommodate interested parties who could not make
the schedule viewing dates.
1.3. Two submissions were received and tabulated as per schedule "A" attached.
2. ANALYSIS
e 2.1. On review of the bid submissions it was noted that only one firm bid on all lots for sale.
A second bidder offered prices on three lots, # 3, 6 and 8. There were no bids for Lot 25
Total Hockey Trade Mark Licence Agreement.
2.2. The best overall bid received was submitted by Glory Days Sports, Toronto, for Lots 1 to
24 inclusive. The total bid amount before taxes totals $16,437.00. Prior to issuing the
RFP the artifacts purchased from Brian McFarlane were appraised and valued at
$51,810.00.
2.3. Because the appraisal was conducted in a different format than the actual lots
established for the RFP, it would be extremely difficult to relate the appraised value to
the individual lots with a couple of exceptions. Lot 5 - Skates; Lot 6 - Jerseys and
Crests and Lot 8 - Sticks are readily identifiable and these prices are shown in Schedule
"A" attached for comparison purposes.
-
2.4. Given the appraised value of $51,810.00 compared to the total bid received of
$16,437.00 (32 % of appraised value), staff are not prepared to recommend the sale of
the artifacts.
1768
e
e
e
, ,
REPORT NO.: COD-069-08
SCHEDULE "A" - COD-069-08
PAGE 3
2.5. As noted, there was no interest shown in the lease opportunity for the Total Hockey
Trade Mark. As this asset is unique and has a limited application and cannot be sold our
options are limited to offering the trade mark for use on a license or lease basis. Prior to
issuing the RFP there was some interest from a U.S. firm in purchasing the trade mark,
however, as noted, this is not an option. There may be some interest in entering into a
license arrangement but this will entail some further investigation.
3. CONCLUSION
3.1. In view of the poor response to the bid opportunity and the low return on investment,
staff is recommending that the RFP be cancelled and the bidders be so informed with a
return of all surety deposits.
3.2. Staff is proposing to place the collection in storage and undertake a review of the options
for consideration and will report back to Council with further recommendations on
disposition of the collection.
3.3. With respect to the trade mark, staff is recommending that the Purchasing By-law be
waived and staff be authorized to pursue licensing opportunities on an informal basis
with a report to be provided on the outcome.
3.4. Queries with respect to the collection and its storage etc. should be referred to the
Director of Community Services.
3.5. This report has been reviewed for recommendation by the Purchasing Manager and the
appropriate department and circulated as follows:
Concurrence: Director of Community Services
Attachments:
Schedule "A" - Bid Tabulation
1769
e
e
-
SCHEDULE "A" - COD-069-08
THE MUNICIPALITY OF CLARINGTON
RFP2008.9: SALE OF TOTAL HOCKEY ASSETS AND LICENSING OF TOTAL
HOCKEY TRADE MARK
SCHEDULE "A"
TABULATION
Don Breen Glory Days Sports Appraised
Courtice Toronto Value
Lot # Description Bid Price ($) Bid Price ($) $
Lot # 1 Games, Cards, Stickers and
Tickets 1,400.00
Lot # 2 Banners, Pennants and Pins 105.00
Lot # 3 Pucks 96.00 310.00
Lot # 4 Equipment 715.00
Lot # 5 Skates 505.00 2,700.00
Lot # 6 Jerseys and Crests 680.00 4,035.00 7,090.00
LoU 7 Books, Programs and Magazines 105.00
Lot # 8 Sticks 1,800.00 3,510.00 7,900.00
Lot # 9 The Stanley Cup 327.00
Lot # 10 Wayne Gretzky 140.00
LoU 11 Boston Bruins 165.00
Lot # 12 Chicago Black Hawks 85.00
Lot # 13 Detroit Red Wings 655.00
Lot # 14 Montreal Canadiens 145.00
Lot # 15 New York Rangers 55.00
LoU 16 Toronto Maple Leafs 2,305.00
LoU 17 Post-Expansion Teams 55.00
Lot # 18 Women's Hockey 65.00
Lot # 19 Team Canada 85.00
Lot # 20 Hockey Movies - Sticks in Flicks 25.00
Lot # 21 Goaltending Greats 75.00
Lot # 22 Heritage Hockey 525.00
Lot # 23 Brian McFarlane - The Voice of a
Generation 335.00
Lot # 24 Maple Leaf Gardens - Hockey
Mecca 710.00
Lot # 25 Total Hockey Trade Mark
License Agreement - Annual No Bid No Bid
License Fee
Subtotal 2,576.00 16,437.00 51,810.00
GST 128.80 821.85
PST 206.08 Exempt
Grand Total 2,910.88 17,258.85
Bid Deposit 293.70 7,500.00
1770
SCHEDULE "B" - COD-069-08
THOMSON LAW FIRM
BARRISTER, SOLICITOR
& TRADE MARK AGENT
117 KING STREET
P.O. Box 358
WHITBY, ONTARIO
UN 5S4
JENNIFER S. THOMSON
Direct Dial: (905) 668-7704 ext. 234
Emait: JThomson@Thomsonlawfinn.ca
Assistant: Leanne Ray-Finlay
Direct Dial: (905) 668-7704 ext. 233
Emait: Leanne@Thomsonlawfinn.ca
Fax: (905) 668-1268
July 22, 2008
Municipality of Clarington
40 Temperance Street
Bowmanville, ON
LlC 3A6
Attention: Jennifer J. Cooke
Dear Ms. Cooke:
Re: TOTAL HOCKEY - Official Mark
Mv File No. 10715
I acknowledge receipt of your e-mail to my assistant confirming that the Municipality does not wish to
release the TOTAL HOCKEY official mark at this time.
I have heard and read some announcements via the media with respect to the TOTAL HOCKEY official
mark; some to the effect that the Municipality may "sell the "TOTAL HOCKEY trade-mark" along with
the hockey artefacts as a complete package to any prospective purchasers.
I remind you that the TOTAL HOCKEY mark cannot be sold as it is an "official mark" as opposed to a
"trade-mark". As discussed at the time the official mark was registered, when a party with "public
authority status" seeks to register intellectual property rights in a word or design, such mark is designated
as an "official mark". With the foregoing principles in mind, the Municipality can do either with respect
to the TOTAL HOCKEY official mark:
1. Give its consent to anyone seeking to use the mark. The Municipality can charge a fee for the
consent if it wishes, however the Municipality would still remain the registrant of the official
mark; or
1771
SCHEDULE "B" - COD-069-08
- 2 -
2. Withdraw the official mark so that a new applicant can apply to trade-mark the name "TOTAL
HOCKEY" or a similar mark. The Municipality can charge a fee to the new applicant in
consideration of the withdrawal. Needless to say, in this instance the Municipality would have no
further rights with respect to the mark.
i
If the Municipality wishes to reconsider its decision, please advise; otherwise I will inform the Vancouver
law firm that the Municipality is not prepared to sign the requested documents or otherwise authorize the
use of its client's proposed trade-mark. Kindly confirm your instructions either way.
I look forward to hearing from you at your earliest convenience.
Yours truly,
~n
IIJr
--
1772
SCHEDULE "C" - COD-069-08
Cl!Jlpn .
Total Hockey
Inventory
Schedule "C"
1773
Schedule "e"
Items Purchased from Brian McFarlane (in storage)
1 Game Gotham Push/Pull Hockey Game, early tabletop hockey game
2 Game Big League / Gotham tabletop game, in box
Game Roll 'n Score Toronto Maple Leafs board game, instructions, score cards, die included
3
Game Ice Action hockey board game, red/blue backdrop, yellow "hockey" lettering, plastic
4 casing over game
Game Top Corner Push/Pull tabletop hockey game, white base, puck duct-taped, red/blue
5 players
6 Game Munro Push/Pull tabletop hockey game, wooden, red base
Game Face-off board game, still in box/wrapping, 3-D Title, red vs green player; 2 identical
7 game boards outside of box
8 BeeHive photo Gord Drillon of Maple Leafs BeeHive photo with replica autograph, framed
9 BeeHive photo Bob Davidson with Maple Leafs
10 BeeHive photo Bucko McDonald as Maple Leaf
11 BeeHive photo Max Bentley as Maple Leaf
12 Matchbook cover Ralph Bowman
13 Matchbook cover Ching Johnson
14 Matchbook cover Merv 'Red' Dutton
15 Matchbook cover Glen Brydson
16 Matchbook cover Johnny Gottselig
17 Matchbook cover Harold March
18 Matchbook cover Eddie Burke
19 Matchbook cover Frank Boucher
20 Matchbook cover Rabbit McVeigh
21 Matchbook cover Marty Burke
22 Hockey card--early 1930's Ace Bailey
23 Hockey card--early 1930's Andy Blair
24 Hockey card--early 1930's Dit Clapper
25 Hockey card--early 1930's Bill Cook
26 Hockey card--early 1930's Harold Cotton
27 Hockey card--early 1930's Hap Day
28 Hockey card--early 1930's Red Dutton
29 Hockey card--early 1930's Lionel Hitchman
30 Hockey card--early 1930's Red Horner
31 Hockey card--early 1930's Busher Jackson
32 Hockey card--early 1930's Davey Kerr
33 Hockey card--early 1930's Alex Levinsky
34 Hockey card--early 1930's Sylvio Mantha
35 Hockey card--early 1930's Armand Mondou
36 Hockey card--early 1930's Baldy Northcott
37 Hockey card--early 1930's George Patterson
38 Hockey card--early 1930's Joe Primeau
39 Hockey card--early 1930's Hooley Smith
40 Hockey card--early 1930's Nels Stewart
41 Hockey card--early 1930's Roy Worters
Hockey Card Eric Lindros.hockey card, colour photo, grey steel; stats for 1994-1995, 1995-1996
42
43 Hockey Albums Red hockey album with hockey cards
44 Hockey Albums Red hockey album with hockey cards
45 Hockey Cards Binder Collection of hockey cards, 3" binder
Team Canada Phone Cards in Book Team Canada Book, logo on cover, phone cards in plastic sleeve pages
46
47 Vintage Pro Set Cards 18 cards in a 9 card page, plastic sleeves
48 Original Six Box with Cards Attached to Eric Lindros Coin, box contains several cards, different variety
49 Oversized Islanders Cards Billy Smith
50 Oversized Islanders Cards Bob Nystrom
51 Oversized Islanders Cards Mike Bossy
52 Oversized Islanders Cards Denis Potvin
Page 1 of 35
1774
Schedule "e"
Items Purchased from Brian McFarlane (in storaqe)
53 Hockey Superstars Album Book Soft cover, Wendel Clark on front
54 Pogs Box of pogs, white box, two rows of pogs
55 Hockey sticker "Morzine-Avoriaz Hockey Club" white sticker
56 Hockey stickers "Morzine-Avoriaz Hockey Club" yellow sticker
Ticket Ticket for Hockey Hall of Fame Induction gala in 1999 (Gretzky, Van Hellemond,
57 Morrison), hologram
Hockey Tickets Unused Mighty Ducks tickets for 1993 games vs. Detroit, San Jose, Los Angeles,
58 Pittsburgh and New York
59 Hockey Tickets Two tickets to the 1997 Gold Medal Game at Women's World Championships
60 Banner Greensboro Generals (ECHL) souvenir banner
61 Banner Toronto Maple Leafs (NHL) 1970 souvenir banner
62 Banner Colorado Avalanche 1996 Stanley Cup victory souvenir banner
63 Banner Detroit Red Wings (NHL) 1970 souvenir banner
64 Banner Canada vs. Russia 1972 Summit Series banner
65 Banner California Golden Seals (NHL) souvenir banner
66 Banner Salt Lake Golden Eagles (CHL) souvenir banner
67 Banner Team Canada Women's 1992 souvenir banner
68 Banner Atom 1984 souvenir banner
69 Banner Women's World Championship 1987 souvenir banner
70 Banner Women's World Championship 1987 souvenir banner
Flag White Team Canada flag from 1992 in Calgary, vintage logo, "go for gold" at bottom
71
Russian Pin Collection Twenty 2"x.75" gold pins with colour logos, One 2"x2" black and gold Russian pin. All
from World Olympic Tournaments (1954-1984). Mounted on 9.5"x9.5" cardboard.
72
73 Puck--autographed LA Kings (autographed by Gretzky)
74 Puck--autographed Rock'em Sock'em 7 (autographed by Don Cherry)
75 Puck Canadian Society of New York
76 Puck Travelrite
77 Puck Travelrite
78 Puck Firepuck
79 Puck Oshawa Generals (OHL)
80 Puck Oshawa Generals (OHL)
81 Puck Stanley Cup 1993-1994
82 Puck Square puck (replica of 1880's)
83 Puck Wayne Gretzky foam puck
84 Puck Cleveland Barons acrylic puck
85 Puck Allan Cup--Stony Plain 2007
86 Puck Toronto Maple Leafs
87 Puck New York Islanders
88 Puck Toronto Toros (WHA)
89 Puck Wooden
90 Puck NBC Sports
91 Puck Montreal Canadiens
92 Puck European Hockey League--IIHF
93 Puck Olympic Winter Games --Torino--2006
94 Puck Chicago Black Hawks
95 Puck Team Canada
96 Puck Hockey Night in Canada
97 Puck WHA experiment -- red
98 Puck WHA experiment -- white
99 Puck WHA experiment -- orange
100 Puck Hockey Night in Canada acrylic puck
101 Puck Black plastic street hockey puck
102 Puck Orange plastic street hockey puck
103 Puck Orange plastic street hockey puck
104 Puck Black plastic street hockey puck with 3 rollers
105 Goalie pads Cooper on outside of each goalie pad
Page 2 of 35
1775
ems urc ase rom nan c ar ane In storaqe
106 Goalie pads Thick leather goalie pads
107 Goalie pads Louisville TPS pads, black, red trim, white wool padding
108 Goalie pads Brown leather goalie pads
109 Goalie pads Brown, Cooper across pad at knee
110 Goalie catching glove Left-handed catching glove, kids, black leather and Winn Well logo in palm
111 Goalie catching glove Light brown leather, Cooper logo on wrist, kid's size, left hand
Goalie catching glove Vintage Cooper catching glove, brown leather, tape around wrist, laces very fragile
112
Goalie catching glove Right-handed vintage goalie glove, Kenesky patch on wrist, thick leather padding on wrist
113
Goalie catching glove Kids, left-handed catching glove, brown leather, Cooper logo on wrist, "CB" written on
114 wrist
Goalie catching glove Left-handed, adult, catching glove, leather with vinyl, Cooper, white strap around wrist
115
116 Goalie catching glove Child's vinyl left-handed catching glove, Cooper
117 Goalie catching glove Goalie glove, brown leather mitt
118 Goalie catching glove Left-handed catcher has "Favell" (with "Parent" crossed out) written on wrist.
119 Goalie blocker Right-handed Cooper, massive amounts of wear, Belonged to Doug Favell
Goalie blocker Cooper right-handed blocker, laces worn on trim; "Bathurst" written on front of blocker
120
121 Chest protector Chest protector, all white, "Cooper", ends of sleeves torn
122 Chest protector Kenesky chest protector, terrible condition
123 Goalie mask Black Jofa helmet, white I-Tech cage and throat protector attached
124 Goalie mask Black Itech Goalie Mask, never worn, blue Itech case included -- new
Vintage goalie mask Used by Fred Hill in 1920's -- metal frame covered in tape, corresponding skates (see
125 inventory #057)
126 Chest protector Three distinct pieces, unattached, white padding, tape holding arms together
127 Street hockey mask Plastic replica mask with black straps
128 Street hockey mask Plastic replica mask with white straps
Street hockey mask Goalie mask with cage, blue white and black (blue cage) straps included -- Felix Potvin
129 model
130 Street hockey mask Grey plastic street hockey goalie mask with white straps
131 Vintage helmet Vintage leather helmet, red with yellow elastic
Helmet Old white bubble helmet, ear flaps, no strap, #19 on back with piece of tape; CSA
132 approved sticker on inside -- belonged to NHLer Bobby Lalonde
133 Helmet Blue I-tech helmet, foam, double layered protection
134 Shin pad Black felt with brown kneecap. Child's. Single pad
135 Shin pads Red shin pads, light brown leather band, felt padding, one knee cracked
136 Shin pads Vintage shin pads, wool padding, brown plastic, slightly oversized knee pads
137 Shin pad Bobby Hull-endorsed CCM shin pad (one), red knee cap; black shin pad and foam
- padding
138
139 Shin pads Syl Apps-endorsed navy blue leather shinpads, blue plastic knee cap
140 Shin pads Red shin and knees, CCM 38
141 Hockey gloves Red, white and black, leather, white laces
142 Hockey gloves Grey vinyl wrists and brown gloves, youngster's
143 Hockey gloves Light brown leather, Mastercraft patch on wrist, "Don Smith" written on wrist
-
144
Hockey gloves CCM hockey gloves, blue, green and white; thick white lace at wrist, "Canucks" written
145 above wrist -- used by Bobby Lalonde
Hockey gloves
146 Cooper Weeks gloves, blue, green and white; thin lace at wrist; 17 printed on wrist
147 Hockey gloves Blue, yellow and white; "Custom Pro 1000" printed on wrist; white laces at wrists
148 Hockey gloves Gloves, donated by Ivan Irwin, palms cut out, wide/thick fingers
149 Kid's hockey gloves Red, white and blue, Sherwood logo on thumb
150 Hockey socks Vintage hockey stockings, red/white striped, grey foot
151 Hockey socks Montreal Canadiens' (replica) socks
152 Women's 1990 Worlds socks Pink with white leaf at bottom, blue trim, elastic ankle
Shoulder pads
153 Children's shoulder pads, red plastic protectors, white laces, donated by Dave Lumley
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Items Purchased from Brian Mc ar ane In S orage
Shoulder pads Child's shoulder pads, 'Bobby Hull model', white with red trim and black shoulder caps
154 (CCM written on), white lace
155 Hockey pants Black hockey pants
Hockey pants Women's World championships, 1990, white pants, laces and belt, blue/pink stripe down
156 side
Hockey coat Women's 1990 World Championships coat, blue, white sleeves, logo on left chest, thick
157 nylon
Hockey jacket
158 Showdown Confrontation jacket, plain white, spring nylon jacket, logo on left chest
Hockey jacket
159 1974 Philadelphia Flyers jacket, bright orange nylon with Flyers logo on left chest
Hockey Bag #26 on side, Philadelphia Flyers logo on the other side,"black with orange trim, grey
160 zipper
Scarf Manchester Storm Supporters Club Scarf, white background, blue front, yellow lace on
161 end
162 Boxing Gloves Red leather, white laces -- both signed by George Chuvalo in 2007
Vintage skates
163 Pristine Starr 'Aero' skate blade, size 12, in original box. Would be fastened to boot
164 Vintage skates Bootless blades, Starr brand, size 9, unused, would be attached to boot (in box)
Vintage skates Single, ancient, extended blade on curved wood. Attach by leather strap (portions of
165 which remain)
166 Vintage skates Pair of ancient blades with curved toe on wooden frame, would screw into boot
Vintage skates Pair of ancient blades with curved toe on wooden frame, with leather attachment to
167 secure to boot
168 Vintage skates Pair of blades manufactured by Hudora Eiszepp, would clamp onto bootancie
Vintage skates Pair of very old A.J.Spalding Canadian Club blades, with leather attachment to secure to
169 foot, size 9
Vintage skates
170 Pair of blades, very old and rusty, would fasten to a skater's boot. Heavy and long.
171 Vintage skates Pair of Hudora blades, German made, would attach to skater's boot
Vintage skates Pair of blades, rusty, manufactured by Union Hardware Company. Would attach to a
172 boot.
Vintage skates
173 Pair of blades stamped Hockey Club and logo. Would be attached to a boot. Size 91/2
174 Vintage skates Single blade with leather attachment for foot, terribly rusted
Vintage skates Pair of blades, Klipper Klub brand, size 10. Screw device in bottom for sizing. Would clip
175 to boot
176 Vintage skates Pair of Starr Acme Club blades, size 11. Would fasten to boot. Mildly rusted
Vintage skates Pair of Starr Acme Club skate blades, size 9. Spring device underneath. Would fasten to
177 boot. Good condition.
178 Vintage skates Child's Blazer Franklin skates, black boot, brown trim
Vintage skates
179 Child's bob skates, with leather attachment for boot, made by Dominion Skate Company
Vintage skates
180 Child's double-bladed bob skates, leather straps to attach to boot, Venco Speed Bob
Vintage skates Daoust "Silver Arrow" skates worn by Garth Boesch of Leafs in the 1940s and 1950s;
181 black boot, brown sole, yellow laces. Size 12
182 Vintage skates 1970 Daoust skates, nylon protector, black/white boot, size 10
183
Vintage skates
184 Lake Placid brand kid's skates, double bladed, black boot/laces, red trim; Lake Placid tag
Vintage skates Child's skates, black/brown boot, yellow laces, leather strap running across laces, blades
185 made from Biltile Tempered Steel
Vintage skates
186 Steel shank leather skates, black/brown boot, toes taped up and brown ankle protector
187 Vintage skates Skates with black boot, brown trim/toe and Maple Leafs logo on blade
188 Vintage skates Child's double-bladed skates, black boot, black laces
Vintage skates Black nylon boot, plastic toe, leather ankle protector and white laces, Bauer Little Beaver
189 skates
190 Vintage skates Brown leather boot, white laces, size 7 1/2, "Mem's Auto" on blade
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ems urc ase rom rlan c ar ane In storaqe
191 Vintage skates Bauer skates, black boot, very heavy, white laces, size 9 (on blade) and thick toe
192 Vintage skates Ancient skates -- metal blade with wood base, donated by Mickey Walker
Vintage skates Skates with black boot, brown trim/toe, yellow laces and wooden CCM marked skate
193 guards
194 Vintage skates All black leather, blades very rusted and Red Horner on blades
195 Vintage skates Black leather skates, bottom of sole has "Bauer 12"
196 Vintage skates Skates, laces intact, all brown leather, blades are rusty
197 Vintage skates Skates, black boot, brown trim, brand new laces, size 10, "Silver Arrow" on blade
198 Vintage goalie skates CCM goalie skates 'Steel Shank,' black boot and off white sole
Vintage goalie skates CCM goalie skates, 1929-30, brown boot, brown sole, size 11.5 marked on bottom, rusty,
199 donated by Fred Hill (corresponding mask)
Hockey jersey--autographed St. Louis Blues jersey, blue with gold trim, #16 and Hull on back, "A" on shoulder, signed
200 by Brett Hull
Hockey jersey--autographed White Calgary Flames jersey with red and yellow trim, Roberts and #10 on back, signed
201 inside by Gary Roberts
Hockey jersey-autographed Chicago Blackhawks jersey, red with black and white trim, Pilote and #3 on back, signed
202 by Pierre Pilote and Jack Valiquette
Hockey jersey--autographed New York Rangers jersey, blue with red and white trim, signed by Pat LaFontaine
203
Hockey jersey--autographed (no Dawson City Nuggets jersey, signed by team, #92 on back, navy blue with red and yellow
204 NHLers) trim
Hockey jersey Toronto Maple Leafs jersey, dark blue with white trim, "C" on left shoulder, no name, # 27
205
Hockey jersey Toronto Maple Leafs jersey, white with blue trim, lace at neck, #7 on back, no name
206
Hockey jersey Chicago Blackhawks white jersey with black and red trim, #21 on back (no name) --
207 purported to be from Stan Mikita
Hockey jersey Dallas Texans jersey (USHL), mid-1940's, #19 on front, red with blue trim and white font,
208 #19 repeated on back
209 Hockey jersey Gruen Oldtimers jersey with white trim, red font, #21
210 Hockey jersey Gruen Oldtimers jersey, white with red trim, #21
Hockey jersey Toronto Toros jersey (WHA), blue with white and orange trim, #27, worn by Frank
211 Mahovlich at media conference announcing his signing
212 Hockey jersey Royal Canadian Air Force jersey, white with blue trim, #14
Hockey jersey White Chiefs jersey with blue and yellow trim, no name or number, replica from 'Slapshot'
213
214 Hockey jersey White jersey with red trim, Tim Horton's NHL All-Stars, #1
Hockey jersey Toronto Maple Leafs replica 1930's, dark blue with white trim, no name or number,
215 vintage logo
Hockey jersey Winnipeg Jets jersey, white with blue and white trim, #25 and Steen on back; game-
216 ready for Thomas Steen
217 Hockey jersey Blackhawks jersey, white, #24, no name on back
218 Hockey jersey Team Canada women's jersey, red jersey, vintage logo, Kellar #11 on back
219 Hockey jersey Red jersey, CCCP #17
Hockey jersey New York Rangers jersey, white, #9 on back -- purported to have been worn by Andy
220 Bathgate
221 Hockey jersey Edmonton Oilers jersey, blue with orange.white trim, Gretzky and #99 on back
Hockey jersey Toronto Maple Leafs jersey, blue with white trim, NHL 75th anniversary patch on left
222 shoulder, no name or number on back
223 Hockey jersey Boston Bruins jersey, black with gold trim, #4 on back, 'Orr" inside collar
224 Hockey jersey Russian name on back, #20, blue jersey with white and red trim
Hockey jersey Mike Bossy jersey, New Islanders, white with blue and red trim, #22 on back and arms,
225 "Bossy" on back
226 Hockey crest Cincinnati Cyclones felt logo, goalie with old mask on
227 Hockey crest Navy Senior Champs 1943
228 Hockey crest Toronto Marlboros (OHA)
229 Hockey crest Toronto Maple Leafs -- World Champs 1941-1942
230 Hockey crest Toronto Maple Leafs -- World Champs 1946-1947
231 Hockey crest American Hockey League Champions
232 Hockey crest Pittsburgh Hornets (AHL), owned by Bob Hassard 1951-1952
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Items Purchase rom nan c ar ane In s orage
Framed Toronto Maple Leafs crest
233 Leaf logo crest taken from Ace Bailey's jersey
Book--autographed Hockey Book for Kids, soft cover, cartoon hockey player on front, autographed by author
234 Brian McFarlane
Book--autographed History of Hockey, hard cover, hockey greats pictured on front, autographed by author
235 Brian McFarlane
Book--autographed Hockey '76, soft cover; Bobby Clarke photo on cover, autographed by author Brian
236 McFarlane
Book--autographed Hockey Annual, hard cover, cartoon photo on front; autographed by author Brian
237 McFarlane
Book--autographed Still More It Happened in Hockey, soft cover, Canadiens' logo on front, autographed by
238 author Brian McFarlane
Book--autographed Stanley Cup Fever, soft cover, photo of Stanley Cup on front, autographed by author
239 Brian McFarlane
Book--autographed The Leafs, soft cover, Leafs logo on front, autographed by author Brian McFarlane
240
Book--autographed The Habs, hard cover, Canadiens' logo on front, autographed by author Brian McFarlane
241
Book--autographed More It Happened in Hockey, soft cover, Leafs logo on front, autographed by author
242 Brian McFarlane
Book--autographed It Happened in Baseball, soft cover, cartoon baseball on front, autographed by author
243 Brian McFarlane
Book--autographed Proud Past, Bright Future, heritage photo of ladies' hockey on cover, autographed by
244 author Brian McFarlane
Book--autographed Peter Puck et Ie Vol de la Coupe Stanley, French version of above, autographed by
245 author Brian McFarlane
Book--autographed Peter Puck's Greatest Moments in Hockey, soft cover, photo of Miracle on Ice on cover,
246 autographed by author Brian McFarlane
247 Book Goaltending, photo of Jacques Plante on cover (book falling apart)
248 Book Faceoff of the Century, black cover, Canada/Russia hockey on front
249 Book Stanley Cup: The First 100 Years, Cup on cover, black cover
250 Book Hockey, Bobby Hull face plant on cover,
251 Book Pro Hockey Heroes of Today, hard cover, yellow background
252 Book Howie Meeker's Hockey Basics, soft black cover, 3 players
253 Book Wayne Gretzky, hard cover, Wayne skating on front
254 Book Hockey Superstars, hard cover, Gretzky in middle, four small pictures surround
255 Book The Stanley Cup, hard cover, black, teams celebrating on cover
Book Hockey Superstars (updated), hard cover, Gretzky in middle of cover, four small pictures
256 surround
257 Book Scrubs on Skates, red, hard cover
258 Book Boyan Defence, hard cover, off white
259 Book The Calgary Challengers, hard cover, white with players (red and green)
260 Book Hockey...Here's Howe, hard cover, white cover, picture of Howe in action
261 Book The Bobby Orr Story, hard cover, black, Orr on front
262 Book The Best of It Happened in Hockey, hard cover, action shots on front
263 Book A Thinking Mans Guide to Pro Hockey, hard cover, orange, statue on front
264 Book The Story of Hockey, hard cover, photo of Beliveau and Armstrong on cover
Book The Story of the National Hockey League, hard cover, white, Hawks and Canadiens on
265 cover
Book Pride and Glory: 100 Years of the Stanley Cup, hard cover, blue, Cup with teams on
266 cover
267 Book Ken Dryden: The Game, hard cover, Dryden on cover
268 Book Great Goalies of Pro Hockey, hard cover, Ken Dryden making save on cover
269 Book Real Stories from the Rink, soft cover, dressing room shot on cover
Book Peter Puck and the Stolen Stanley Cup, soft cover, cartoon image of Peter Puck,
270 magnifying glass and the Stanley Cup on cover
Book Peter Puck's Colouring Book, soft cover, cartoon of Peter Puck with paint brush on cover
271
Media Guide Colorado Rockies media guide, 1981-82, soft cover, Rockies assorted shots, logo in
272 middle
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Items Purchased from Brian McFarlane (in storage)
273 Guide Book 1983-1984 Official Guide Book, 630 pages, black cover
Guide book 1994-1995 Official Guide Book, 450 pages, Mark Messier on cover with Stanley Cup
274
275 Guide Book Ice Sports Guide book, soft cover, Team Canada and figure skaters on cover
276 Guide Book Arena Locations 1995-1996, soft cover, open ice on cover
277 Rule Book 1982-83 Rule Book, soft cover, black with white and orange front
Cookbook Done Like Dinner Cookbook by Tiger Williams, bound by rings, Tiger Williams on cover
278
279 Magazine Sports Illustrated, June 8th 1992, Mario Lemieux on cover
280 Magazine Time Magazine, February 11, 1935; Lorne Chabot on cover
281 Magazine Sports Illustrated cover from March 3, 1980 with US 'Miracle' team (colour)
282 Program Les Canadiens magazine, Gilbert Dionne on cover
283 Program The Oilers magazine, January 7, 1994; Bill Ranford on cover
284 Program The Oilers magazine, February 9,1994; Doug Weight on cover
285 Program Sabre magazine, February 9, 1995; Dominik Hasek on cover
286 Program New Jersey Devils magazine, Scott Neidermeyer on cover
287 Program Hockey Night in Toronto Magazine, December 1991, Mark Osborne on cover
Program Niagara Falls Flyers program, 1967-68; white/yellow cover, Derek Sanderson on cover
288
Program The Official Year Book of the Hockey Hall of Fame, soft cover, red border, Stanley Cup
289 on cover
290 Program 1993 Hockey Hall of Fame program, soft blue cover, Hockey Hall of Fame logo
291 Magazine Scotia Bank Hockey College News Magazine, Boston Bruins player on front
292 Magazine Scotia Bank Hockey College News Magazine, New York Islanders player on front
293 Magazine ScotiaBank Hockey College News Magazine, Toronto Maple Leaf player on cover
Magazine ScotiaBank Hockey College News Magazine, Montreal Canadians player on front
294
295 Magazine Scotia Bank Hockey College News Magazine, Buffalo Sabres player on cover
296 Colliers Magazine Cover Enclosed in plastic sleeve, Red and Blue dressed players on front 1931
The Hockey News The inaugural issue of The Hockey News, 1959, pages laminated, brownish cover, two
297 action shots on cover
Hockey Stick--autographed Bauer 3000 stick, right, not used, white shaft, autographs on one side of shaft and blade,
including Maloney, Harris, Nesterenko, Seiling, Linseman, Markwart, Carleton, Awrey
298 and Edestrand
Hockey Stick--autographed Straight, souvenir wooden stick, no tape, blue double stripe at end of shaft, Maple Leaf
autographs on one side: Keon, Walton, Pelyk, McLellan (x2), Oliver, Quinn, Gamble,
Horton (x2), Armstrong, Pulford, Ellis, Ullman, Smith, Selby, Harrison, Henderson
299
Hockey Stick--autographed CCM Custom Pro stick, left, not used, autographed by NHL alumni (Redmond, Howell,
Stanfield, Pilote, Prentice, Ullman, Henderson, Bathgate, Ellis, Bower, Bucyk, White,
McKenzie, P. Mahovlich, Westfall, Mikita, Giacomin, Hodge, Cheevers, Brewer, Flaman,
300 Gadsby, Geoffrion, Schmidt)
Hockey Stick--autographed Yvan Cournoyer stick, Sherwood, left, used, red two sided shaft, #12 on shaft,
301 autographed
Hockey Stick--autographed Victoriaville stick, left, not used, wood, black, no tape, autographed by Litzenberger and
302 many others (unreadable)
Hockey Stick--autographed Northland Pro, stamped Gerry Cosby & Co., Lie 6, straight blade, wood stick, used,
autographed on shaft by 1959-60 Rangers: Worsley, Cullen, Henry, Gadsby, Howell,
Hanna, Hebenton, Sullivan, Shack, Bartlett, Schinkel, Fontinato, Bathgate, Prentice,
303 Kabel, Bownass, Popein,
Hockey Stick--autographed Joey Mullen stick, right, not used, Canadian C50, tape on upper shaft, autographed on
304 blade
Hockey Stick--autographed Alyn McAuley stick, used, fibreglass, Koho Revolution, caption on shaft, autographed
305
Hockey Stick--autographed Daniel Alfredsson stick, rookie, right, used, white tape weaving shaft, black tape on knob,
306 autograph on blade
Hockey Stick--autographed Russian hockey stick, left, not used, white shaft, Soviet symbol at top, leaf at bottom,
autographed by Bobby Hull, Darryl Sittler, Jean Beliveau and Gordie Howe on blade
307
Page 7 of 35
1780
Items Purchased from Brian Mc ar ane In s orage
Hockey Stick--autographed Adam Graves stick, Bauer, left, used, white shaft, black blade, signed by Graves and
308 Jean Beliveau
Goalie stick--autographed Terry Sawchuk goalie stick signed by early-1960's Red Wings, straight, used, black tape,
309 wood, Northland on shaft
Mi n i-Stick--autog raphed Wooden mini-stick, mini plaque on blade, Detroit vs. Toronto Old-Timers, March 15,
310 1973, autographed by players
Hurley Stick Wooden, personalized plaque on blade commemorating Brian McFarlane's visit to
311 Windsor, Nova Scotia
Vintage hockey stick Broken in two pieces, 100+ year-old stick, split in two in the middle of the shaft, joined
312 with tape
313 Vintage hockey Stick Ancient straight wooden stick, no marking, no branding
314 Vintage hockey stick Ancient stick, used, wire holding blade together, no tape
315 Vintage hockey Stick Vintage hockey stick, straight, used, bound by tape
316 Hockey Stick Sherbrooke, wood stick, lie 5, used, white tape on blade
317 Hockey Stick Used, wooden, "Mustang Northland" in blue on side, double black line, right
318 Hockey Stick Shanahan, not used, Easton,wood, no tape
319 Hockey Stick Reptor Canada stick, left, not used, red font on shaft, no tape
320 Hockey Stick Guy Lapointe stick, left, not used, no tape, fibreglass, name on shaft
321 Hockey Stick Not used, Wayne Gretzky Titan 2020 stick, white shaft, red font, left
322 Hockey stick Gordie Howe stick, CCM Professional, straight, not used, white tape
Hockey Stick Terry O'Reilly used stick, right, white shaft, fibreglass, black font, no tape on blade
323
324 Hockey Stick Pierre Lacroix stick, left, not used, fibreglass, white shaft, black font
325 Hockey Stick Dave Maloney stick, left, not used, fibreglass, black font
326 Hockey Stick Jones, Victoriaville stick, right, used, wooden, black font, black tape
327 Hockey Stick Yvan Cournoyer stick, straight, Sher-Wood, rubber knob, no tape
Hockey Stick Doug Gilmour Titan stick, right, blue/black shaft, black tape on knob and shaft, badly
328 cracked at bottom
329 Hockey Stick Mario Lemieux stick, Koho, used, fibreglass, black tape, black font
330 Hockey Stick Russian stick, straight, used, wooden, black font/tape, Russian words
331 Goalie Stick Curtis Joseph Louisville TPS goalie stick, left, black, white/red font, not used
332 Hockey stick Guy Lapointe stick, Canadien, left, #5 on knob, white shaft, black font
333 Hockey Stick Bobby Clarke Sher-Wood stick, left, not used, wooden, black font
Hockey Stick Koho stick, left, used, white tape on blade, black tape on knob, five blue stripes on shaft,
334 no indication of player
335 Hockey Stick Danny Gare stick, right, used, white shaft, black tape/font, name on shaft
Hockey Stick Drummondville Canadien stick, wood, straight, used, "Toronto Maple Leafs" on shaft,
336 blade has tape ripped off
337 Hockey Stick Mike Bossy Titan stick, right, used, white shaft, red font, black tape
Hockey stick Steve Larmer Sher-Wood PMP 5030, wood, right, used, barcode on shaft, broken blade
338
339 Hockey Stick Russian stick, right, not used, red shaft, white font, Leader 'For export only'
Hockey Stick Jocelyn Guevremont stick, right, Sherwood, not used, wood, black font, clear tape on
340 blade
341 Hockey stick Used Sherwood stick, straight, white tape on blade, rubber knob
Hockey stick Larry Robinson stick, Victoriaville, left, not used, no tape, Pro Vic 1000 written on shaft
342
Hockey Stick Finnstar Gladding stick, left, used, #16, rubber know on knob, red tape under knob
343
344 Hockey Stick Serge Savard Canadien stick, left, used, white shaft, black tape on blade
345 Hockey Stick Ray Bourque stick, Sher-Wood, left, not used, wood, Bourque 7 on shaft
346 Hockey Stick Bobby Clarke Sher-Wood stick, PMP 5001, left, not used
Hockey Stick Brad Park Sherwood stick, left, not used, wood, Sherwood on shaft, Park 22 on shaft
347
348 Hockey Stick Phil Esposito stick, Northland, left, not used, wood, white/blue stripe
349 Hockey Stick Red Titan Custom Pro stick, left, used, red shaft, big knob
Hockey Stick Dave Keon stick, Sherwood, straight, used, wood, black tape on half of blade, white tape
350 on knob
351 Hockey Stick Lindy Ruff stick, Canadien, left, not used, white shaft, black font
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Schedule "c"
Items Purchased from Brian McFarlane (in storage)
352 Hockey Stick Ray Bourque Sher-Wood PMP stick, left, used, wood, black font, black tape
Hockey Stick Mario Tremblay stick, Canadien, right, not used, white shaft, name on shaft, black font,
353 #14
Hockey stick Wayne Gretzky Titan stick, left, used, white shaft, black tape on blade, white tape on
354 knob, name on shaft
Hockey stick Bruce MacGregor Sher-Wood stick, right, not used, wood, name on shaft, no tape
355
Hockey Stick CCM Comet stick, straight, not used, wooden, black font, no tape, facsimile autographs
356 of 1960's Leafs plus HNIC broadcast crew
357 Hockey Stick Soviet stick, left, used, Michailow, #2, red shaft, black font BAIKAL
358 Hockey stick Replica of early hockey stick, straight, not used, description on shaft
359 Hockey Stick Bill Fairbairn stick, used, wooden, straight, Sherwood, black tape
Hockey Stick Victoriaville stick, used (blade cracked, some white tape), left, lie #5, Tom Hartman on
360 shaft
361 Hockey Stick Replica of early hockey stick, straight, not used, description on shaft
362 Hockey Stick Straight, used hockey stick, Playmaker on shaft, 100 83-4003
363 Hockey Stick Straight, CCM Comet, wood, not used
364 Hockey Stick Hespeler Airmaster, straight, used, wood, tape on knob
Goalie Stick Ken Dryden goalie stick, straight, wood, not used, name near top of shaft, Canadien
365
Goalie stick Mario Gosselin goalie stick, used, straight, wooden shaft, big knob with white tape, blue
366 tape on blade
Goalie stick Michel Plasse goalie stick, straight, used, wood, Sherwood, signed, white tape on knob
367
368 Mini-stick CCCP Russian goalie mini-stick, replica autographs
Mini-stick Plastic Mini-Stick from Women's Ice Hockey World Championship, off white colour/blue
369 front, Finland logo on blade
Mini-Stanley Cup--autographed Miniature silver Stanley Cup signed with approximately 15 autographs from 1967 team
370
Framed photo--autographed 1966-1967 Toronto Maple Leaf Stanley Cup-winning team, autographed by all surviving
371 members
Framed photo--autographed Maple Leafs with Stanley Cup, George Armstrong kissing the bowl, autographed by
372 Johnny Bower (colour)
373 Photo Scott Stevens holding Stanley Cup with Devils
374 Photo Devils' captain Scott Stevens receives Stanley Cup in 1995 (colour)
375 Photo New Jersey Devils on ice with Stanley Cuo (colour)
376 Poster Picture of Devils celebrating regular win
377 Photo Devils celebrate Stanley Cup win on ice
378 Photo Mark Messier cradles Stanley Cup after victory with Rangers (colour)
379 Photo Mark Messier holding Stanley Cup with Rangers
Photo Newspaper article with Mark Messier elated about receiving Stanley Cup with Rangers
380 (colour)
Framed photo 1932-33 NY Rangers Stanley Cup Champions -- full team in individual photos (b&w)
381
Photo NHL president Frank Calder presents Stanley Cup to New York Rangers in 1933. Left to
right, unidentified, Andy Aitkenhead, Ching Johnson, , unidentified, Bun Cook, Frank
382 Boucher (b&w)
383 Photo Old Islander fan with fake Stanley Cup
384 Photo' Old man in mask and Islanders jersey holding facsimile Stanley Cup
385 Photo Civic reception in Philadelphia for Stanley Cup win
386 Photo Philadelphia Inquirer; Philly Wins Cup
387 Photo 1974/75 Philadelphia Flyers (trophies on ice)
388 Photo Canadiens group shot on ice with Stanley Cup, 1993
389 Photo Patrick Roy hoisting Stanley Cup with Montreal
390 Photo Canadiens celebrate Stanley Cup win with champagne
391 Photo Henri Richard posing with mini-Stanley Cups
392 Photo Jean Beliveau with Conn Smythe Trophy and Cup
393 Photo 1977-78 Stanley Cup champion Montreal Canadiens (colour)
394 Photo Dick Irvin glances at Stanley Cup (colour)
Page 9 of 35
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Schedule "c"
Items Purchased from Brian McFarlane In storaqe
Photo Cover of Sports Illustrated from June 2, 1986 featuring Montreal Canadiens winning
395 Stanley Cup (colour)
396 Photo 1966 Prince of Wales and Stanley Cup champion Montreal Canadiens (colour)
397 Photo Maurice Richard of Montreal hugs the Stanley Cup (b&w/sepia)
398 Oversized mounted poster Back 2 Back Penguins
399 Photo Penguins on ice Stanley Cup photo
400 Photo Mario Lemieux and Jaromir Jagr back to back with Stanley Cup
401 Photo Newspaper article with Joe Sakic of the Avalanche hoisting Stanley Cup (colour)
402 Photo Red Wings on ice with Stanley Cup (colour)
403 Photo Detroit's Steve Yzerman hoists Stanley Cup (colour)
Photo Brett Hull celebrates overtime winner that secured Stanley Cup for Dallas in 1999
404 (colour)
405 Photo Dallas Stars on ice with Stanley Cup (colour)
Photo Hockey News cover from July 2,1999 with Stars' Mike Modano and Stanley Cup (colour)
406
407 Photo In-net view of Brett Hull's 30T winner for Dallas in 1999 (colour)
408 Photo Brett Hull's 30T Stanley Cup-winner in 1999 for Dallas from above (colour)
409 Photo Derian Hatcher hoists Stanley Cup with Dallas in 1999 (colour)
410 Photo Lanny McDonald drinking from Stanley Cup
411 Photo Newspaper article about 'Night The Cup was Stolen' (b&w)
Photo Nick Metz, Wally Stanowski and Don Metz look at Stanley Cup after Toronto won in 1942
412 (b&w)
Photo Jubilant Leafs jump over the boards after winning the Stanley Cup (late-1940's) (b&w)
413
414 Photo Toronto Maple Leafs leap boards after winning Stanley Cup (b&w)
415 Oversized photo Toronto Maple Leafs leap boards after winning Stanley Cup (b&w)
416 Photo Red Kelly sips champagne with Leafs owner Harold Ballard (colour)
417 Oversized mounted poster Red Kelly, Harold Ballard, Stanley Cup
418 Oversized mounted poster Turk Broda with Stanley Cup (b&w)
Photo Frank Mahovlich immersed in a sea of fans during Toronto Maple Leafs Cup celebration
419 (b&w)
420 Photo 1967 Stanley Cup champion Toronto Maple Leafs (b&w)
Photo Toronto Maple Leafs celebrate Stanley Cup win in 1964, including Mahovlich, Harris,
421 Pappin, Armstrong, Pulford, Baun and Kelly (b&w)
422 Photo Maple Leafs surround Stanley Cup in 1964, with Bower, Stanley, Bathgate, etc. (signed
-
423 by Johnny Bower) (colour)
Photo 1964 Maple Leafs enjoy Stanley Cup celebration at Toronto City Hall. Johnny Bower,
424 Andy Bathgate, Dave Keon and Frank Mahovlich pose with Cup (b&w)
425
426 Photo Leafs with Stanley Cup in 1964, including Armstrong, Pullford, Baun (b&w)
427 Framed photo Conn Smythe with Stanley Cup
Photo Hap Day, Syl Apps, Conn Smythe, W.A. Hewitt(?) and unidentified on ice for Stanley Cup
428 presentation to Toronto Maple Leafs (b&w)
429 Photo Stanley Cup surrounded by American and Canadian flags (colour)
430 Photo Original Stanley Cup bowl, now retired at Hockey Hall of Fame (b&w)
Photo Montreal Amateur Athletic Association, first winners of the Stanley Cup (1893) (b&w)
431
432 Photo Carl Petersen holding miniature Stanley Cup (b&w)
433 Photo Carl Petersen engraving names onto ring on Stanley Cup (b&w)
434 Photo Baby situated in bowl of the Stanley Cup (b&w)
435 Framed photo Lord Stanley, (b&w)
436 Photo Portrait of Lord Frederick Stanley (b&w)
Photo Lord Stanley and family ride on cowcatcher of train during tour of western Canada in
437 1889 (b&w)
Photo Lord Stanley and his family road on the train's cowcatcher as they proceeded through
438 western Canada during 1889 (b&w)
Photo Lord Stanley and his family travelled in style as they crossed Canadaby train in 1889 .
439 (b&w)
440 Oversized mounted poster Kenora Thistles with Stanley Cup
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441 Mounted poster 1925 Stanley Cup champion Victoria Cougars
Photo Young goaltender on ill-fated Dawson City team that challenged for the Stanley Cup in
442 1905 (b&w)
443 Photo Stanley Cup champion Ottawa Silver Seven, 1905 (colourized)
444 Photo Welcome Home parade for Stanley Cup-winning Ottawa Senators (b&w)
445 Photo Collection of NHL Trophies
446 Framed photo Quebec Bulldogs with Stanley Cup
447 Framed photo Dawson City Nuggets, Stanley Cup challengers
448 Framed photo Montreal Victoria's team photo, Stanley Cup champions (b&w)
449 Framed photo 1941 Boston Bruins celebrating
450 Framed photo Montreal Maroons Stanley Cup Champs 34/35
451 Framed photo MAAA Stanley Cup Champs
452 Oversized mounted poster Older Stanley Cup
453 Oversized mounted poster Stanley Cup, greyish-blue background,
Oversized mounted cut-out poster Stanley Cup, cut to shape
454
455 Stanley Cup pencil sharpener Package included but ripped from cardboard backing
456 Photo--autographed Wayne Gretzky in Oilers jersey, head shot, autographed to Brian
Photo--autographed A young Wayne Gretzky gets photo taken with Jean Beliveau (autographed by Beliveau)
457 (b&w)
458 Photo Walter and Walter Gretzky in on-ice pose (colour)
459 Photo Wayne Gretzky and his mother, Phyllis (b&w)
460 Photo Phyllis and Walter Gretzky in family's trophy room (b&w)
461 Photo Wayne Gretzky with Sault St. Marie Greyhounds (colour)
462 Photo Brantford sign 'Home of Wayne Gretzky' (b&w)
Photo Wayne Gretzky's Brantford Nadrofsky Steelers Novice All-Stars score sheet with 378
463 goals, 139 assists and 517 points (colour)
464 Photo Photo of Wayne Gretzky's hockey card from Nadrofsky Steelers (colour)
Photo A young Wayne Gretzky gets his picture taken with his hero, Gordie Howe (2 copies)
465 (b&w) .
466 Photo Wayne Gretzky tying up his skates with Nadrofsky Steelers (b&w)
467 Photo A young Wayne Gretzky on tractor (colour)
Photo Childhood photos of Wayne Gretzky high-jumping (left) and feeding chickens (right)
468 (b&w)
Photo Childhood photos of Wayne Gretzky catching a baseball (left) and jumping near chickens
469 (right) (b&w)
470 Photo Wayne Gretzky playing minor hockey (b&w)
471 Photo Wayne Gretzky playing minor hockey (b&w)
472 Photo Wayne Gretzky playing defense in minor hockey (b&w)
473 Photo A young Wayne Gretzky head shot wearing helmet (b&w)
474 Photo Wayne Gretzky celebrates a goal during minor hockey career (b&w)
Photo
475 Wayne Gretzky wearing #11 shoots on goaltender during minor hockey career (b&w)
476 Photo Wayne Gretzky in hockey uniform on outdoor rink (colour)
477 Photo Wayne Gretzky as a youngster stopping on outdoor rink (b&w)
478 Photo Very young Wayne Gretzky in Maple Leafs uniform on outdoor rink (b&w)
479 Photo Walter Gretzky shovels snow on outdoor rink (b&w)
480 Photo Wayne Gretzky portrait from Nadrofsky Steelers era (two copies) (b&w)
481 Photo Wayne Gretzky sporting a perm (colour)
482 Photo Wayne Gretzky playing in All-Star game (colour)
483 Photo Wayne Gretzky kneels in front of net during time with Oilers (colour)
484 Photo Wayne Gretzky and Brett Hull pose at All-Star game (colour)
Photo Wayne Gretzky poses in suit with Gordie Howe after breaking his heroes point record
485 (colour)t
Photo Wayne Gretzky with Art Ross Trophy, Wales Trophy, Pearson Trophy, Stanley Cup and
486 Hart Trophy (colour)
487 Photo Wayne Gretzky holding 67 puck (b&w)
488 Photo Wayne Gretzky dressed in a suit (colour)
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Schedule "C"
Items Purchased from Brian McFarlane (in storage)
Photo Wayne Gretzky in a suit with Gordie Howe holding 1850 and 1851 pucks representing
489 career points (colour)
490 Photo Wayne Gretzky and Janet Jones on their wedding day (colour)
Photo Emotional Wayne Gretzky at press conference announcing trade from Edmonton to Los
491 Angeles (colour)
Photo Wayne Gretzky wipes away tear at press conference announcing his trade from Oilers to
492 Kings (colour)
493 Photo Wayne Gretzky with Oilers (colour)
494 Photo Wayne Gretzky with Edmonton Oilers (colour)
495 Photo Duplicate of 320 (colour)
496 Photo Wayne Gretzky in action with Los Angeles Kings (colour)
497 Photo Wayne Gretzky in Oilers jersey talking to kids during 7-Up commercial (b&w)
498 Photo Wayne Gretzky looking on from bench with Oilers (colour)
499 Photo Duplicate of 324 (colour)
500 Photo Wayne Gretzky coming out from dressing room while with Oilers (b&w)
501 Photo Wayne Gretzky celebrates a Canada Cup goal (two copies) (colour)
502 Photo Wayne Gretzky with Kings (colour)
503 Photo Wayne Gretzky waves in Kings' jersey at press conference (colour)
504 Photo Wayne Gretzky shows elation during Stanley Cup presentation (colour)
505 Photo Wayne Gretzky wearing suit holds Stanley Cup and book (colour)
Photo
506 Mark Messier, Wayne Gretzky and Paul Coffey with Edmonton (two copies) (colour)
507 Photo Cover of Sports Illustrated from February 15, 1982 with Wayne Gretzky (colour)
508 Photo Wayne Gretzky grimaces (b&w)
Photo
509 Cover of Sports Illustrated from January 23,1984 featuring Wayne Gretzky (colour)
510 Photo Wayne Gretzky hoists Stanley Cup with Oilers (labelled as 348 a,b,c) (colour)
511 Photo Print of sweating Wayne Gretzky painting (colour)
512 Photo Duplicate of 334 (colour)
513 Photo Wayne Gretzky, L.A. King, shoots on edmonton's Bill Ranford (colour)
514 Photo L.A.'s Wayne Gretzky scores on Edmonton's Bill Ranford (colour)
515 Photo L.A.'s Wayne Gretzky celebrates in front of Bill Ranford of Oilers (colour)
Oversized photo
516 Edmonton All-Stars Mark Messier, Grant Fuhr, Wayne Gretzky and Paul Coffey (colour)
517 Oversized mounted poster Wayne Gretzky tribute, including two photos and caption
518 Framed photo 1990-91 Edmonton Oilers Team Photos; Individual Shots
519 Menu Wayne Gretzky's Restaurant menu, Kings/Oilers on cover
Menu Wayne Gretzky's Restaurant menu, used April 29, 1999 (day Gretzky retired from
520 hockey)
521 Photo End view of Boston Garden in game against Capitals (colour)
522 Photo Gerry Cheevers ana the Bruins thwart a Montreal attack
523 Photo Johnny Bucyk photo with Boston (colour)
Photo Bep Guidolin, the youngest player ever to play in the NHL, poses in uniform of Boston
524 Bruins (b&w)
Photo Gerry Cheevers of Boston stops Montreal's Claude Larose as Ed Westfall and Ted
525 Green look on (colour)
526 Photo Gerry Cheevers in goal #30
527 Photo Bobby Orr and Don Marcotte of the Bruins lead a rush (colour)
528 Photo Bruin (Esposito) crashing Canadiens net
529 Photo Boston Bruins team photo with Shore, Clapper
530 Photo Milt Schmidt, posed in Boston Bruins uniform (colour)
531 Photo Artist depiction of Eddie Shore in action with Bruins (colour)
532 Photo Phil Esposito in action with Boston against Montreal (colour)
533 Photo Willie O'Ree posed for Bruins (b&w)
Photo Willie O'Ree, player who broke NHL colour barrier, poses for Boston Bruins (colour)
534
535 Photo Art Ross holding autographed goalie stick sitting in-between two Bruins
536 Photo Maclean's magazine cover from April 1972 featuring Derek Sanderson (colour)
537 Photo Gerry Cheevers action shot with Boston (two copies, labelled 678a,b) (b&w)
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Items Purchased from Brian McFarlane (in storage)
538 Laminated print Large head shot of Eddie Shore with action shot, loosely laminated, no frame
Framed photo Eddie Shore laminated print; depiction of the greatest Boston Bruins of all-time (colour)
539
540 White framed photo Eddie Shore getting dressed for Boston (b&w)
541 Oversized photo Boston Bruins and Montreal Maroons stand for national anthem in 1930's (b&w)
Oversized photo--autographed Boston's Bobby Orr flies through air after scoring 1970 Stanley Cup-winning goal
542 (autographed) (b&w)
543 Photo Orr talking (wearing 27)
544 Photo Orr in action with Bruins
545 Photo Orr famous Stanley Cup-winning goal, reproduced autograph
546 Photo Orr visiting in hospital
547 Photo Orr rol,lnding the net in yellow Bruins
548 Photo Orr in Oshawa Generals jersey
549 Photo Orr skating down the ice with Esposito
550 Photo Orr being chased by Blackhawk, reproduced autograph
551 Photo Orr chasing pocket around net
552 Photo Double of 0372
553 Photo Orr (2 Bruins, 1 Canadien)
554 Photo Bobby Orr being chased by Blackhawk
555 Photo Cover of Sports Illustrated from February 3, 1969 featuring Bobby Orr (colour)
Laminated print Large laminated head shot with action shot of Bobby Orr; loosely laminated, no frame
556
557 Oversized photo Bobby Orr poses with trophies
558 Oversized mounted poster Bobby Orr tribute, including photo and caption
559 Oversized mounted poster Print of Bobby Orr painting
560 Oversized photo--autographed Don Cherry & Blue cartoon, autographed
561 Oversized photo--autographed Don Cherry with his dog, Blue, autographed (colour)
562 Photo Young Don Cherry on skates
563 Photo Don Cherry & Blue with Boston backdrop
564 Photo Don & Rose Cherry on their deck
565 Photo Don & Rose Cherry's wedding
566 Photo Don Cherry (b&w)
567 Photo Don Cherry head shot (Playing days)
568 Photo Don Cherry on bench holding grapes
569 Photo Don Cherry receiving trophy
570 Photo Don Cherry in hockey pose in Kingston uniform
571 Photo Ron McLean and Don Cherry on Coach's Corner
572 Photo Don Cherry in suit, red tie
573 Stand-up sign Don Cherry in plaid suit, lifesized, cardboard
574 Stand-up sign Don Cherry in suit, lifesized, cardboard
575 Don Cherry tie Wrapped in plastic; green
576 Don Cherry tie Wrapped in plastic; black
577 Don Cherry tie Wrapped in plastic; black
578 Don Cherry tie Wrapped in plastic; red
579 Don Cherry tie Wrapped in plastic; green
Photo--autographed St. Catharines TeePees of 1957, featuring Bobby Hull, Johnny McKenzie, Chico Maki,
Stan Mikita, coach Rudy Pilous and Matt Ravlich (b&w) (autographed by McKenzie)
580
581 Photo Chicago's Bobby Hull and Stan Mikita smiling, showing missing teeth (b&w)
582 Photo Bobby Hull of the Black Hawks leaps while wearing Indian headdress (colour)
583 Photo Bobby Hull and Stan Mikita pose on ice
584 Photo Bobby Hull & Stan Mikita holding '200' B&W
Photo Bobby Hull of Chicago signs autographs for kids, Hockey author Scott Young looks on
585 (b&w)
586 Photo Larry Hillman of Toronto checks Chicago's Bobby Hull (b&w)
587 Photo Bobby and Brett Hull pose in tuxes at NHL Awards (colour)
588 Photo Chicago's Stan Mikita & Bobby Hull pose (colour)
Page 13 of 35
1786
Schedule "c"
Items Purchased from Brian McFarlane In s orage
Photo Black Hawks coach Charlie Conacher talks with goalie Frank Brimsek (1949-50) (b&w)
589
590 Photo Glenn Hall in action pose for Chicago (b&w)
591 Photo Glenn Hall in posed action shot for the Black Hawks (b&w)
592 Photo Bobby Hull does face plant
593 Photo Tony Esposito deflects puck into corner
594 Photo Glenn Hall in action for Chicago (colour)
595 Photo Bobby Hull reads story to infant (b&w)
596 Photo Bobby Hull of the Hawks falls on face during action (colour)
597 Photo Lionel Conacher, battered and bruised, undressing after game (b&w)
598 Photo Stan Mikita of Chicago poses, with inserted childhood photo (b&w)
599 Photo Bobby Hull action shot early in career with Chicago (colour)
600 Photo Bobby Hull works on farm (b&w)
Photo Unidentified Chicago Black Hawk player helped off ice by teammates in game against
601 Maple Leafs (b&w)
602 Photo Chicago's Bobby Hull comes out of a scrap with a bloody nose (colour)
Photo Chicago's Bill Mosienko scored 3 goals in 21 seconds to establish an NHL record (b&w)
603
604 Photo John Gottselig of Chicago Black Hawks (b&w)
605 Framed photo Bobby Hull fires on Roger Crozier
606 Framed photo 1937 - 1938 Chicago Black Hawks
Framed photo Stan Mikita of Chicago is parked on the doorstep as Montreal's Charlie Hodge makes a
607 kick save (colour)
608 Framed photo Chicago's Bobby Hull faces Detroit's goaltender, Roger Crozier (colour)
609 Oversized photo Dick Irvin Sr., posed shot as captain of Chicago Black Hawks (b&w)
Oversized photo Bobby Hull of the Black Hawks chased by Dave Balon and Jacques Laperriere of the
610 Canadiens, with referee on left (colour)
611 Oversized photo Roy Conacher in action pose for Chicago Black Hawks (b&w)
Oversized photo Chicago coach Charlie Conacher talks to team (left to right: unidentified, Emile Francis,
612 Bill Gadsby, Johnny Mariucci) (b&w)
613 Oversized photo Black Hawks' Bill Mosienko after scoring 3 fastest goals
Oversized photo Denis DeJordy makes diving save on charging Red Wings Larry Jeffrey and Gordie
614 Howe (duplicate of 941) (colour)
Oversized mounted poster Denis DeJordy makes diving save on charging Red Wings Larry Jeffrey and Gordie
615 Howe (duplicate of 941) (colour)
616 Oversized mounted poster Stan Mikita battles Red Wings
617 Bobby Hull Skate Sharpener Package included, sharpener inside plastic
618 Brick from Chicago Stadium Genuine brick from Chicago Stadium, certificate included, gold plate on brick
619 Photo--autoQraphed Frank Mahovlich in action as a Red Wing (autographed) (b&w)
620 Photo Paul Coffey with Detroit Red Wings
621 Photo Steve Yzerman of Detroit leaning on net (colour)
Photo Production Line of Howe, Abel and Lindsay, beside shot of Gordie Howe and Ted
622 Lindsay in civilian clothes (b&w)
623 Photo Red Berenson of Detroit Red Wings from magazine cover (colour)
Photo Detroit's Terry Sawchuck dives across crease to make save against Bert
624 Olmstead(?) of the Maple Leafs (b&w)
625 Photo Alex Delvecchio and Tim Horton
Photo 1961-62 Hamilton Red Wings team photo (individual) Season's Greetings to fans
626 I (b&w with spot colour)
627 Photo Mud Bruneteau of the Detroit Red Wings (b&w)
Photo Terry Sawchuck of Detroit searches for puck in goal-mouth scramble against
628 Toronto (b&w)
Photo Terry Sawchuck of Red Wings dives to make save as Johnny Wilson of the
629 Leafs looks on (b&w)
630 Photo Terry Sawchuck of the Red Wings with stick raised (b&w)
631 Photo Terry Sawchuck of the Red Wings with stick raised (b&w)
632 Photo Detroit's Willie Huber argues point with referee Bruce Hood (colour)
Photo After having received a death threat, Detroit's Ted Lindsay pretends to shoot a
633 fan in crowd at Maple Leaf Gardens (b&w/sepia)
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634 Photo Unidentified Detroit Red Wing (colour)
635 Photo Detroit's Terry Sawchuck makes glove (colour)
636 Photo Jack Adams while with Vancouver of PCHA (b&w, colourized sepia)
Photo Jack Adams hugs Harry Lumley and Eddie Bruneteau of his Red Wings (b&w)
637
638 Photo Garry Unger as a kid wearing Canadiens' sweater beside friend (b&w)
639 Photo Garry Unger in wild golf attire gets hair adjustment from younq lady (b&w)
Oversized photo Detroit Times newspaper announces 'Bruneteau wins longest game ever played,
640 1-0 on March 25, 1936 (b&w)
641 Oversized photo Detroit's Steve Yzerman ready for action (colour)
Oversized photo Detroit's Terry Sawchuck watches puck go wide. Wings include Vic Stasiuk,
Marcel Pronovost, Warren Godfrey and Norm Ullman. Leafs are Frank
642 Mahovlich, Red Kelly, Allan Stanley & Bob Nevin (b&w)
643 Mounted poster Alex Delvecchio
644 Oversized mounted poster Steve Yzerman
645 Oversized mounted poster Alex Delvecchio turns to chase puck
Framed photo Frank Mahovlich with Detroit, Canadiens Laperriere, Harris and Beliveau in back
646 autographed by Mahovlich)
647 Douq Barklev tile Doug Barkley wall tile in sized box
648 Doua Barklev tile DOUQ Barkley wall tile in sized box
649 Detroit Red Wings coffee mug Off-white coffee muq with Detroit Red Wings 10QO
650 Detroit Red Wings coffee muq Off-white coffee mUQ with Detroit Red Winqs loqo
651 Photo Gordie Howe and Wayne Gretzky holding 1850 and 1851 pucks
652 Photo Gordie Howe with Whalers
653 Photo Young Gordie Howe headshot
654 Photo Gordie Howe being patted on face near bench
655 Photo Duplicate of 0514
656 Photo Gordie Howe wearing NHL Heroes jersey
657 Photo Gordie Howe wearing #16
658 Photo Gordie Howe and Eric Lindros with cake
659 Photo Gordie Howe and Jean Beliveau shaking hands B&W
660 Photo Gordie Howe fishing off dock
661 Photo Painted print of Gordie Howe as Red Wing, Whaler and Aero
662 Photo Sports Illustrated cover of Gordie Howe from March 1974
663 Photo Gordie Howe as Whaler with two others
664 Photo Gordie Howe on one knee talking with his goaltender
665 Photo Action shot of Gordie Howe (print)
666 Photo Gordie Howe shoots on Gump Worsley
667 Photo Duplicate of 0523
668 Photo Gordie Howe in fight
669 Photo Gordie Howe in white/green "W" jersey
670 Photo Caricature of Mark and Marty Howe
671 Photo Caricature of Mark and Marty Howe
672 Photo Gordie Howe taped up in hospital holding letters
673 Photo Gordie Howe shoots on Toros
674 Photo Gordie Howe on ice with sons (stopping)
675 Photo Gordie Howe in action with Detroit (colour)
Photo Gordie Howe of the Red Wings shakes hands with Montreal's Maurice Richard during the
676 1950's (b&w)
677 Photo Painting of Detroit's Gordie Howe (colour)
678 Photo Gordie Howe in action pose with WHA's Houston Aeros (colour)
679 Photo Gordie Howe in bandaged hospital shot after 1950 playoff accident (b&w)
Photo (upper left) Marilyn Howe and baby; (upper right) Mark and Marty Howe; (bottom) Gordie,
680 Mark and Marty Howe (b&w)
Photo Team photograph of minor league champions, including young Gordie Howe (to right of
681 woman in back row) (b&w)
682 Photo Gordie Howe taking batting practice with Detroit Tigers (b&w)
683 Photo Gordie Howe in action with Red Wings (colour)
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1788
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
684 Photo Cesare Maniago in net, Howe with puck
685 Framed photo Gordie Howe being chased by Frank Mahovlich
686 Oversized photo Roger Crozier and Gordie Howe of the Detroit Red Wings in action (colour)
687 Mounted poster Gordie Howe circles behind Roger Crozier's net
688 White framed photo Gordie Howe and Roger Crozier
689 Photo Scotty Bowman looking on, B&W
690 Photo Guy Lafleur action shot, Montreal Canadiens
691 Photo Guy Lafleur breaks up ice; Ken Dryden in net
692 Photo Ken Dryden looking down on puck (away Habs)
693 Photo Ken Dryden on one knee in action (home Habs)
694 Photo Larry Robinson on ice looking on; away Habs
695 Photo 1945-46 Montreal Canadiens team portrait (b&w)
-
696
697 Photo A determined 'Rocket' Richard of the Canadiens tries to stuff the puck past Toronto's
- Harry Lumley (b&w)
698
699 Photo Montreal's 'Rocket' Richard challenges Boston's 'Red' Henry (b&w)
700 Photo 1967-68 Montreal Canadiens team photo (colour)
701 Photo Jean Beliveau in posed action shot for Montreal (facsimile autograph) (colour)
702 Photo Danny Gallivan profile shot
Photo Boom Boom Geoffrion of Montreal attempts a wraparound against Denis DeJordy of
703 Chicago (colour)
Photo Bernie Geoffrion and wife look at Howie Morenz (her father) memorial photo (b&w)
704
705 Photo Bernie 'Boom Boom' Geoffrion shoots on New York Rangers netminder (b&w)
706 Photo Henri Richard posed action shot (b&w)
Photo Bruce Hood (referee) looks on as linesman tries to break up fight between Canadiens
707 and Nordiques (two copies) (colour)
Photo Jean Beliveau, playing Senior hockey with Quebec Aces, poses with coach's son, Brent
708 Imlach, who later played in NHL (b&w)
709 Photo - Montreal's 'Rocket' Richard laughing with coach Toe Blake (b&w)
710 Photo Head shot of Guy Lafleur as a junior with Quebec (b&w)
711 Photo Sprague Cleghorn, posed in Montreal Canadiens uniform (b&w)
712 Photo Joe Hall posing in Montreal Canadiens uniform (b&w)
713 Photo Brothers Henri and Maurice Richard of the Montreal Canadiens (colour)
714 Photo Maurice Richard dekes out Harry Lumley of the Maple Leafs (b&w)
715 Photo Long distance action shot of Maurice Richard scoring on the Maple Leafs (b&w)
716 Photo Posed portrait of Maurice 'Rocket' Richard (b&w)
Photo Montreal's Aurel Joliat sadly lookes at locker of his teammate, Howie Morenz, who died
717 of broken leg (b&w)
718 Photo Aftermath of 'Richard Riot' in Montreal on March 17, 1955 (b&w)
719 Photo Doug Jarvis with the Stanley Cup during time with Montreal Canadiens (b&w)
720 Photo Doug Jarvis of Hartford Whalers with armoured knight (colour)
721 Photo Montreal Canadiens' netminder Georges Vezina (b&w)
722 Photo Maurice 'Rocket' Richard in an intense pose while playing with Montreal (b&w)
723 Photo Howie Morenz posed in Montreal Canadiens uniform (b&w)
724 Photo Billy Couture poses as Montreal Canadien (b&w)
725 Photo Unidentified Montreal Canadien (b&w)
726 Photo Patrick Roy ready for shot
727 Photo Yvan Cournoyer in dark red behind net
728 Photo Ken Dryden crouches down, facing right side of ice B&W
729 Photo Jean Beliveau and Tim Horton behind net
Photo Cover of Sports Illustrated from November 25,1974 featuring Ken Dryden (colour)
730
731 Photo Cover of Sports Illustrated from February 7, 1977 featuring Guy Lafleur (colour)
732 Photo Cover of Roch Carrier's book "The Sweater' (colour)
733 Photo Maurice Richard talking with Montreal coach Toe Blake (b&w)
Photo Jacques Plante of Montreal leaps over Leaf player sliding into the Montreal net (b&w)
734
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1789
735 Photo Aurel Joliat of the Canadiens poses wearing peaked cap (plastic frame) (b&w)
736 Photo Gump Worsley makes diving save for Montreal against St. Louis Blues (colour)
737 Postcards Patrick Roy (2)
738 Oversized photo Team selected for All-Star Game in memory of deceased Howie Morenz (b&w)
739 Oversized photo Doug Harvey
740 Framed photo Danny Gallivan portrait (same as 922)
741 Framed photo Canadiens' Punch Line, with Maurice Richard, Elmer Lach and Toe Blake (b&w)
742 Framed photo Rocket Richard at table on radio airwaves
Framed photo Yvan Cournoyer of Montreal attempts to score on Toronto's Terry Sawchuk (colour)
743
Framed photo Montreal's Jean Beliveau follows puck, sandwiched by Bob McCord and Ed Johnston of
744 the Bruins (colour photograph)
745 Framed photo Yvan Cournoyer attempts to score on Toronto's on Gary Smith (colour)
Framed photo 'Boom Boom' Geoffrion of New York passes Jacques Laperriere of Canadiens (colour)
746
747 Framed photo 1957-1958 Canadiens (colour)
748 Mounted poster Yvan Cournoyer attempts to score on Toronto's on Gary Smith
Mounted poster Gump Worsley, Bobby Rousseau, J,C. Tremblay and Jacques Laperriere box in Boston's
749 Phil Esposito
750 Mounted poster Ken Dryden and Serge Savard guard against Dennis Hull
Oversized mounted poster Print of painting of Rocket Richard, bleeding from eye, shaking hands with Bruins goalie
751 Sugar Jim Henry
752 Oversized mounted photo Boom Boom Geoffrion beats Ed Chadwick of the Leafs
753 Photo Rod Gilbert in action for Rangers (colour)
754 Photo Buddy O'Connor of New York Rangers posing with trophies (b&w)
Photo New York Rangers dressing room, including Allan Stanley and Charlie Rayner (b&w)
755
756 Photo Harry Howell beats Detroit's Bruce McGregor to puck
Photo Arnie Brown attempts to block shot in fron of Jacques Plante, while Wings look on
757
Photo Gump Worsley of Rangers makes save on Toronto's Tod Sloan as Allan Stanley looks
758 on (March 21, 1953) (b&w)
759 Photo Vic Hadfield of the Rangers shoots on Montreal s Ken Dryden (colour)
760 Photo Singer Cher with NHL star Vic Hadfield at 1982 charity hockey game (b&w)
Photo Rangers' coach Frank Boucher congratulates Bryan Hextall, who scored the Stanley Cup
761 winning goal in 1940 (b&w)
762 Photo New York Rangers circa 1930's with Muzz Patrick (right) (b&w)
Photo Jean Ratelle of Rangers passes out from behind net as Roger Crozier and Bert Marshall
763 of Detroit attempt to prevent the goal (colour)
764 Photo Bill Cook posed with New York Rangers (b&w)
765 Photo 1927-28 New York Rangers
White framed photo Ranger defenseman Arnie Brown attempts to block Detroit shot as Jacques Plante
766 makes the save (colour)
767 White framed photo Lou Fontinato of the Rangers in penalty box (b&w)
768 White framed photo Vic Hadfield rings one off the post behind Ken Dryden
769 White framed photo Vic Hadfield of the Rangers in action (colour)
770
Oversized photo Muzz Patrick, Art Coulter, Ott Heller and Babe Pratt of the New York Rangers circa 1940
771 (b&w)
Oversized photo Gump Worsley of New York Rangers makes save on Toronto's George Armstrong as
772 Harry Howell looks on (b&w)
773 Oversized photo Lester Patrick with sons Muzz and Lynn during time with Rangers (b&w)
774 Oversized photo Bill Cook in Rangers jersey (b&w)
775 Oversized photo Harry Howell poses for New York Rangers (colour)
776 Oversized mounted poster Rod Gilbert in action
777 Oversized mounted poster Harry Howell beats Detroit's Bruce McGregor to puck
778 Mounted poster Mike Keating does face plant into boards B&W
779 Magazine Rod Gilbert magazine profile enclosed in plastic sleeve (colour)
780 Magazine Vic Hadfield magazine profile enclosed in plastic sleeve (colour)
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
Page 17 of 35
1790
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
781 Framed mirror Mirror with photo of Bill Cook, Frank Boucher, Bun Cook
782 Rangers 45 Record Phil Esposito and the Ranger Rockers
783 Rangers 45 Record Phil Esposito and the Ranger Rockers
784 Photo--autographed Johnny Bower (autographed)
Photo--autographed Frank Mahovlich of Toronto scores on Bruins' Ed Johnston (b&w) (autographed by
785 Mahovlich)
Oversized mounted poster-- Pavel Bure (signed by Red Kelly, Carl Brewer and Paul Terbenche)
786 autographed
Maple Leaf Hockey Talks-- Contained in plastic sleeve; Johnny Bower (autographed)
787 autographed
788 Maple Leaf Hockey Talks Contained in plastic sleeve, Ron Ellis
789 Hockey Tips record Ron Ellis on skating tips
790 Toronto Maple Leafs calendar Export 'A' hanging calendar, one page per month
Sheet Music Crumpled music notes and lyrics for "Clear the Track Here Comes Shack" song written
791 by Brian McFarlane (3 sheets stapled single sided)
792 Photo Doug Gilmour off ice pose (wearing ring)
793 Photo Toronto's Doug Gilmour posed (colour)
794 Photo Leafs play at Mcintyre Arena in Timmins (b&w)
795 Photo Darryl Sittler action shot, turning right Home leafs
796 Photo Harold Ballard in Santa Claus outfit with King Clancy as elf
797 Photo Frank Mahovlich
798 Photo Harold Ballard in wheelchair accompanied by partner, Yolanda (b&w)
799 Photo Cartoon of Lanny McDonald (colour)
800 Photo Leafs' Darryl Sittler in action (duplicate of 418) (colour)
Photo Maple Leaf trophy winners Pat Burns with Jack Adams and Doug Gilmour with Selke
801 (colour)
802 Photo Gus Bodnar portrait shot with Maple Leafs (b&w)
803 Photo Jim Thomson of the Maple Leafs (b&w)
Photo Billy Taylor wearing Maple Leafs sweater from time when he'd entertain Toronto fans
804 between periods (b&w)
805 Photo Toronto Maple Leafs' Billy Taylor (b&w)
806 Photo Bloody battle between Maple Leafs and Red Wings during early-1940's (b&w)
807 Photo Carl Brewer program cover
808 Photo Leafs driving their cars
809 Photo Program cover with Danny Lewicki
Photo Allan Stanley of Toronto and Johnny Bucyk of Boston look on as Johnny Bower makes
810 acrobatic save (b&w)
811 Photo Bobby Baun in posed action for Toronto (b&w)
812 Photo Lorne Chabot in net for Toronto (b&w)
813 Photo Simulated shot of Terry Sawchuck with career's worth of facial injuries (b&w)
Photo Bob Pulford of Leafs tries to score on prone Jacques Plante from near impossible angle
814 (b&w)
Photo King Clancy dressed in beard, crown and robes, pulled on sleigh on 'King Clancy Night'
815 at Maple Leaf Gardens March 17, 1934 (b&w)
816 Photo Billy Taylor posed in Maple Leafs uniform (b&w)
Photo Print of autographed program from Maple Leaf Gardens, November 1936. Reproduced
signatures include Charlie Conacher, Syl Apps, Turk Broda, Red Horner and Conn
817 Smythe (colour)
818 Photo Dave Keon posed with Leafs (colour)
819 Photo Toronto's Red Kelly (colour)
820 Photo Turk Broda crouching
821 Photo Syl Apps of the Toronto Maple Leafs (colour)
822 Photo Turk Broda sitting on weigh scale (b&w)
823 Photo Felix Potvin ready for shot
Photo Toronto Maple Leafs on blue line prior to first game at Air Canada Centre, 1999 (colour)
824
Photo Mats Sundin of Toronto Maple Leafs celebrating with Danny Markov, Steve Thomas
825 (colour)
Page 18 of 35
1791
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
Photo Red Kelly of the Leafs takes flight as Allan Stanley and Tim Horton hold back Chicago's
826 Bobby Hull (colour)
827 Photo Maple Leafs' Curtis Joseph makes save on John LeClair of Flyers (colour)
828 Photo Howie Meeker of the Maple Leafs in action pose (b&w)
829 Photo Empty Maple Leaf Gardens (b&w)
830 Photo Duplicate of 0504
831 Photo Red Kelly scores on Bruins
832 Photo Terry Sawchuck in action for the Maple Leafs (colour)
833 Photo Howie Meeker head shot (b&w)
Photo Toronto looks to score on Montreal's Jacques Plante as Doug Harvey (Montreal) and
834 Allan Stanley (Toronto) look on (b&w)
Photo Maple Leafs All-Star contingent: Borje Salming, Lanny McDonald, trainer Joe Sgro, Ian
835 Turnbull (colour)
836 Photo Toronto's Darryl Sittler scores on Detroit goalie (b&w)
Photo Bee Hive Golden Corn Syrup advertisement featuring Leafs' Syl Apps, Bingo Kampman,
837 Bob Davidson and Gord Drillon (b&w)
838 Photo Cartoon of King Clancy 'Tribute to the King (colour)
839 Photo King Clancy in referee attire chatting with NHL president Red Dutton (b&w)
840 Photo Newspaper article chronicling Sittler's 1 O-point night (b&w)
841 Photo Young Foster Hewitt head shot, signed to CCM hockey fans (b&w)
842 Photo Foster Hewitt in gondola (b&w)
843 Photo Foster Hewitt in action, program in front (b&w)
844 Photo King Clancy 75th birthday cake (b&w)
Photo Harold Ballard and Stafford Smythe wearing Beatles' wigs to promote Beatles'
845 appearance at Maple Leaf Gardens (b&w)
846 Photo Harold Ballard in Leafs' uniform on skates in shooting pose (colour)
847 Photo Darryl Sittler of the Maple Leafs in action (colour)
848
Photo Harold Ballard in Santa Claus suit and King Clancy as elf from 1980 Christmas card
849 (original had been signed) (colour)
Photo (605a & 605b) Clarence 'Hap' Day's 1927-28 contract with Toronto Maple Leafs (colour)
850
Photo Picture of Maple Leaf Gardens program featuring Syl Apps circa early-1940's (colour)
851
Photo Picture of Maple Leaf Gardens program featuring Hank Goldup circa early-1940's
852 (colour)
853 Photo Picture of Maple Leaf Gardens program from 1930's (colour)
854 Photo Picture of program featuring King Clancy
855 Photo Photo of program featuring Bucko McDonald
856 Photo Photo of Maple Leafs program spotlighting Bob Goldham, circa 1947 (colour)
Photo Ace Bailey in civilian clothing shakes hands with uniformed Eddie Shore of Boston (b&w)
857
858 Photo Conn Smythe of the Maple Leafs chats with his coach, Dick Irvin (b&w)
859 Photo Program cover with Billy Harris
860 Photo Hi3P Day's Canada Dry ad
861 Photo Player pose Ken Doraty
Photo Crowds line up down Church Street to get Maple Leafs playoff tickets in 1940's (b&w)
862
863 Photo Inside view of Maple Leaf Gardens as it was nearing completion (b&w)
Photo Beatles with hand holding $5.50 tickets to concert at Maple Leaf Gardens on September
864 7 (b&w)
Photo Shot of Church and Carlton streets in Toronto before Maple Leaf Gardens was built
865 (b&w)
866 Photo Aftermath of Leafs/Rangers on-ice brawl (colour)
867 Photo Ron Ellis of Toronto in action against Chicago (colour)
868 Photo Les Costello shown as Toronto Maple Leafs and as a priest (b&w)
869 Photo Three phases of Howie Meeker's career: player, broadcaster, analyst (b&w)
870 Photo Bobby Baun's game-winning goal in 1964, scored on broken leg (b&w)
871 Photo Bobby Baun's posed action shot with Maple Leafs (b&w)
Page 19 of 35
1792
Schedule "C"
Items Purchased from Brian McFarlane In s orage
Photo Ace Bailey in civilian clothes shakes hand with Boston's Eddie Shore (b&w) (duplicate of
872 1159)
Photo Toronto's George Armstrong, Detroit's Red Kelly and referee Red Storey argue at penalty
873 box (b&w)
874 Photo Fan Photo Day at Maple Leaf Gardens in the late-1950's or 1960's (b&w)
Photo Posed shot of trio, including Gord Drillon, Syl Apps and unidentified player labelled
875 'Toronto Leafs on their Way to Stanley Cup' (b&w/sepia)
876 Photo Bill Barilko congratulated by owner Conn Smythe (duplicate of 1259) (b&w)
Photo Toronto's Bill Barilko congratulated by team owner Conn Smythe as teammates Joe
877 Klukay and Harry Watson look on (b&w)
878 Photo Ace Bailey as Maple Leaf (b&w)
Photo Frank Finnigan posed in Toronto Maple Leafs uniform, circa early-1930's (colour)
879
~ Photo Sports Illustrated: Doug Gilmour May 93
881
Photo Cover of Sports Illustrated Canada from May 10, 1993 featuring Doug Gilmour (colour)
882
Photo Frank Mahovlich of Toronto tried to tuck puck past Gerry Cheevers of the Bruins (colour)
883
884 Photo Cover of Maple Leaf magazine titled 'Victory of Vision' (colour)
885 Photo Elvis Presley on stage at Maple Leaf Gardens (b&w)
886 Photo Photographer Bruce Bennett at Maple Leaf Gardens
Photo Lefty Wilson with Maple Leafs wearing a cartoon sign reading 'Traitor' around neck
887
888 Photo Leaf Assistant Captain and an all star
889 Photo Esso actor Murray Westgate's profile photo (b&w)
890 Old car advertiSing Maroons/Leafs
891 Photo Church service at Maple Leaf Gardens (b&w)
892 Photo Tiger Williams of Vancouver rides stick after scoring (b&w)
893 Photo Tiger Williams riding stick after goal with Canucks (colour)
894 Photo Gord Drillon, Syl Apps and unidentified player in posed action (b&w/sepia)
895 Photo Ted Kennedy of the Toronto Maple Leafs in posed action (b&w)
896 Photo Chimpanzee dressed in Toronto Maple Leafs uniform (b&w)
897 Photo Hockey-playing chimpanzee dressed in Maple Leaf uniform (b&w)
Photo Tiny Tim is helped onto the ice at Maple Leaf Gardens by Mike Walton and Jim McKenny
898 (b&w)
899 Photo Entertainer Tiny Tim with Maple Leaf Gardens usherettes (b&w)
900 Photo Harold Ballard postcard
901 Program covers 4 Leafs highlighted, including Gord Drillon
902 Sittler's 10 Points News Clipping Cardboard copy of article
903 Bob Pulford mini-poster Page from Canadian Weekly magazine
904 Framed photo (original frame) Brothers Lionel and Charlie Conacher outside plane (b&w; framed)
905 Framed photo Program cover (Cartoon of Leafs vs Maroons)
906 Framed photo Leaf program with Charlie Conacher profiled
907 Framed photo 1932 Toronto Maple Leafs: Team Photo, Individual Shots
908 Framed photo Turk Broda squatting position
909 Framed photo Location at Church and Carlton where Maple Leaf Gardens was later built
910 Framed photo Foster Hewitt in broadcast booth, program in front (b&w)
911 Framed photo "He Shoots,He Scores" Foster Hewitt book jacket
912 Framed photo Punch Imlach postcard
913 Framed photo Radio version of Hot Stove Lounge
914 Framed photo Program cover w/ Gardens and 6 Flags on front
915 Framed photo Barilko scores famous overtime winner in '1951
916 Framed photo King Clancy player pose
917 Framed photo The Kid Line; Jackson, Primeau, Conacher
918 Framed photo Dunlop Tire poster of 14 Maple Leaf players and their cars
919 Framed photo King Clancy night at Maple Leaf Gardens (Clancy in sleigh)
920 Framed photo 1926-1927 Toronto St. Pats
921 Framed photo 1931-1932 Toronto Maple Leafs -- Stanley Cup team (b&w)
c
Page 20 of 35
1793
ems urc ase rom r1an c ar ane In s orage
922 Framed photo Dave Keon dekes out L.A. goalie Gerry Desjardins (b&w)
Framed photo Maple Leafs & All Stars group photo from Ace Bailey Benefit Game. Feb. 14, 1934
923
Framed photo Dave Keon of Toronto faces Gerry Cheevers of Boston as George Armstrong and Dallas
924 Smith look on (colour)
925 Framed photo Frank Mahovlich tries to score on the Rangers' Ed Giacomin (colour)
926 Framed photo Advertisement for Hearn Pontiac featuring hockey players (b&w)
927 Mounted poster Red Kelly of the Leafs battles Montreal Canadiens
928 Mounted poster Oversized Foster Hewitt poster
Oversized poster Print of painting of Bill Barilko's dramatic overtime goal that won Toronto the Stanley Cup
929 in 1951 (colour)1
Oversized photo Maple Leaf players in military attire (Red Horner, Syl Apps and Hap Day) greet owner
930 Conn Smythe (b&w)
Oversized photo Red Kelly of Toronto chases Detroit's Gordie Howe as goalie Hank Bassen looks on
931 (b&w)
932 Oversized photo Red Horner player pose (b&w)
Oversized photo Allan Cup champion Toronto Marlboros (seniors), including George Armstrong, Bill
Johansen, Harold Ballard, Flash Hollett, Joe Primeau, John McLellan, Hugh Bolton, etc.
933 (b&w)
934 Oversized framed photo Construction of Maple Leaf Gardens in 1931 (labelled 633a,b,c,d) (b&w)
935 Oversized framed photo Collage of different action shots of Leafs and Red Wings
936 Oversized mounted poster AI Iafrate 'Wild Thing'
937 Oversized mounted poster Bell All Tire Great Leaf Team 19 Players
938 Oversized mounted poster Andy Bathgate stands in front of Montreal goal
939 Oversized mounted poster Andy Bathgate in a sea of Habs
940 Oversized mounted poster Letter to Maple Leafs from Toronto's Mayor
941 Oversized mounted poster Dave Keon of the Leafs shooting on Vancouver Canuck
942 Oversized mounted poster Toronto Sun front page 'DONE LIKE DINNER'
943 Oversized mounted poster Bill Barilko montage -- hockey and missing
944 Oversized mounted poster Darryl Sittler
945 Oversized mounted poster Max and Doug Bentley
Contract Copy of King Clancy's first contract. Two page single-sided signed contract (copy);
946 contained in plastic sleeve holder
947 Photo--autog raphed Buffalo's Eddie Shack rides on back of Seals' Gerry Ehman (b&w)
948 Photo Gilbert Perreault in pose for Buffalo (colour)
949 Photo Gilbert Perreault lugs the puck away from goalie Roger Crozier (colour)
Photo
950 Cover of Sports Illustrated from February 26, 1973 featuring Gilbert Perreault (colour)
951 Photo Alexander Mogilny in action with Buffalo Sabres (b&w)
952 Photo Duplicate of 0496
953 Photo Peterborough Petes 1991 cut-out photo (colour)
954 Framed photo Tim Horton of Sabres eludes Pete Mahovlich (colour)
955 Framed photo--autographed Gary Roberts as Flame (autographed)
956 Photo--autographed Joe Nieuwendyk in action with Flames (autographed) (colour)
957 Photo Joey Mullen wedding photo (colour)
958 Photo Lanny McDonald on ice looking on away with Calgary Flames
959 Photo AI Macinnis, Mike Vernon and 2 Canadiens
960 Photo Theo Fleury & Larry Robinson
961 Photo Caricature of Lanny McDonald with his oversized moustache (colour)
962 Photo--autographed Marcel Dionne action shot with Kings (autographed)
963 Photo Alexei Zhitnik of Kings checks Blackhawk (duplicate of 539) (colour)
964 Photo Alexei Zhitnik body checks Blackhawk
Photo Gerry Desjardins of the Los Angeles Kings makes save with Toronto's Ron Ellis looking
965 on (colour)
966 Oversized photo Kings/Penguins play in Tropicana Field
967 Photo Minnesota North Stars (b&w)
968 Photo Gump Worsley in net for North Stars (b&w)
969 Photo Bill Masterton of the Minnesota North Stars (b&w)
970 Photo--autographed Billy Smith playing puck (autographed)
It
Schedule "C"
Ph df B'MF
c
Page 21 of 35
1794
971 Photo Bob Nystrom goes in on Flyers Goalie
972 Photo Bob Nystrom celebrates OT goal
973 Photo Bryan Trottier of the Islanders salutes fans (colour)
974 Photo Mike Bossy on ice looking on
975 Photo Cover of Sports Illustrated from May 14, 1984 featuring Mike Bossy (colour)
976 Photo Cover of Sports Illustrated from April 16, 1979 featuring Denis Potvin (cover)
977 Photo Bernie Parent interviewed after Stanley Cup victory
978 Photo Kate Smith sings God Bless America
979 Photo Toothless Bobby Clarke on ice (b&w)
980 Photo Fred Shero wearing plaid jacket behind bench for Philadelphia Flyers (colour)
981 Photo AI Conroy of the Flyers shoots on San Jose's Arturs Irbe (duplicate) (colour)
982 Photo AI Conroy of Flyers upended as he shoots at the Sharks' Arturs Irbe (colour)
983 Photo Bobby Clarke of the Flyers hooks Guy Lapointe of the Canadiens (colour)
984 Photo Kate Smith and Flyers netminder Bernie Parent (colour)
985 Photo Bernie Parent makes pad save
986 Photo Bernie Parent talks to reporters
987 Photo Eric Lindros in warm up turning right
988 Photo Rick Leetch in action for Flyers (b&w)
989 Photo Flyers' Bill Barber and St. Louis player in net (colour)
990 Photo Eric Lindros of Philadelphia in action shot (colour)
991 Photo Eric Lindros of Flyers in action (colour)
992 Photo Ron Sutter shoots on Grant Fuhr
993 Photo Philadelphia Flyers 1973-74 team photo (colour)
994 White framed photo Bobby Clarke of Philadelphia shows intensity in game against Toronto (colour)
995 Oversized mounted poster Eric Lindros photo, including information
996 Photo Mario Lemieux action shot skating, leaning right
997 Photo Scotty Bowman behind Penguins' bench (colour)
998 Photo Mario Lemieux fights off Flyer
Photo Cover of Sports Illustrated from February 6, 1989 featuring Mario Lemieux (colour)
999
11000 Photo Pittsburgh's Mario Lemieux ready for face-off (colour)
1001
1002 Plaque Mario Lemieux wooden plaque
1003 Oversized mounted poster Mario Lemieux
1004 Oversized mounted poster Jaromir Jagr
1005 Mario Lemieux Stand Up figure Standing, fully dressed in white uniform; cardboard
1006 Poster Full size poster with Joe Sakic as Avalanche; dark jersey
1007 Photo Joe Sakic in action with the Nordiques (colour)
1008 Photo Joe Sakic of Avalanche up close (colour)
1009 Plaque Guy Lafleur in Quebec wooden plaque
1010 Photo Brett Hull of the Blues during warm-up (colour)
1011 Photo Brett Hull action shot with St. Louis (colour)
1012 Photo Brett Hull in warm up
1013 Photo Newspaper article titled '(Brett) Hull Answers Back' (colour)
1014 Photo The entire Sutter family dressed up for special occasion (colour)
1015 Oversized mounted poster Brett Hull
1016 Photo Nilsson, Hull and Hedberg squat in net for Winnipeg Jets (colour)
1017 Photo Teemu Selanne on ice looking on away Jets
1018 Oversized mounted poster Teemu Selanne
1019 Oversized mounted poster Winnipeg Jets
1020 Photo Unidentified player with Washington Capitals (colour)
1021 Oversized mounted poster Florida Panthers
1022 Oversized mounted poster San Jose Sharks Logo
Photo--autographed Action shot of Brooke White (Western Women's Hockey League); autographed, push pin
1023 holes
1024 Photo Manon Rheaume in position for Atlanta (colour)
1025 Photo Manon Rheaume head shot with Atlanta (colour)
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
Page 22 of 35
1795
Photo 'She's an All Star' magazine article about Abby Hoffman (two copies, 741 a & 741 b) (b&w)
1026
1027 Photo University ofToronto women playing hockey in early-1900's (b&w)
1028 Photo Manon Rheaume in Atlanta jersey (colour)
Photo Team Canada's Women's Hockey Team that won the World Championship in 1990
1029 (colour)
1030 Photo 'Abby's own story' article (red border)
Photo Team Canada Women's Team photo, 1992, including Manon Rheaume, Vicky Sunohara,
1031 Danielle Goyette and Angela James (colour) (x2)
1032 Photo Posed shot of Eva Ault of Ottawa Alerts circa 1918 (b&w)
1033 Photo British women's hockey team dressing for game in 1949 (b&w)
1034 Photo Women's hockey in Wimbledon Park, England, in 1893 (b&w)
1035 Photo Prairie women using tree branches for sticks (b&w)
1036 Photo Turn of the century women's hockey team wearing ribbons (b&w)
1037 Photo Women's hockey game -- Okotoks versus Vulcan, Alberta (b&w)
1038 Photo Women's hockey team surrounding young man (b&w)
1039 Photo Women's hockey team posed in uniform (b&w)
1040 Photo Posed shot of Margie Copping of McGill, Montreal (b&w)
1041 Photo Women's hockey team (b&w)
-
1042
1043 Photo Two ladies face off in front of other women on outdoor rink (b&w)
1044 Photo Young girls enjoy an outdoor skate (b&w)
1045 Photo Female hockey player posed (b&w)
1046 Magazine cover Women's hockey, February 23, Saturday Evening Post cover
1047 Oversized photo Cobalt Ladies Hockey Team (1910-11) of Temiskaming League (b&w)
1048 Oversized photo Women's hockey, including photos of NHL players with their daughters
1049 Oversized photo Ottawa Alerts Ladies Champions of 1923
1050 Oversized mounted poster Manon Rheaume
1051 Oversized mounted poster Manon Rheaume with information
1052 Oversized framed poster original Port Dover Ladies Hockey Club poster for upcoming game
1053 Framed photo Vintage women's hockey team, K on sweater (Kananites)
1054 Framed photo Female hockey player, smiling (b&w)
1055 Framed photo Preston Rivulettes team photo on bus (b&w)
1056 Framed photo Dr, Marian Hillard player pose 1920's
1057 Framed photo Abby Hoffman on ice with figure skater (b&w)
1058 Framed photo A ladies' hockey team from Toronto
Framed photo Marm Schmuck on shoulders of Hilda Ranscombe, Nellie Ranscombe and Helen
1059 Schmuck (b&w)
1060 Framed photo Margaret Topp (now Carter) player pose (b&w)
Framed photo Iso bel Stanley in white on Rideau Hall Rink in Ottawa. Earliest photo of women playing
1061 hockey (b&w)
1062 Framed photo Abby Hoffman with Leafs' Jim Thomson and Jim Morrison (b&w)
1063 Framed photo Early women's hockey team, posed (b&w)
1064 Framed photo Early women's hockey game, outdoors
Photo--autographed Team Canada's Darryl Sittler scores in 1976 Canada Cup (colour) ***autographed***
1065
1066 Photo Dennis Potvin head shot Team Canada
1067 Photo Lafleur, Bossy, Gretzky -- Team Canada
Photo 3 chronological photos of Paul Henderson's series-winning goal in Game 8 during
1068 Summit Series of 1972 (labelled 477a,b,c) (b&w)
Photo Team Canada's Darryl Sittler celebrates winning goal in 1976 Canada Cup (colour)
1069
1070 Photo Vladislav Tretiak
1071 Photo Duplicate of 0502
1072 Photo Canada's Mike Bossy scores on Soviets during 1984 Canada Cup
1073 Photo Canada/Russia player battle in corner
1074 Photo Gilbert Perreault bust shot with Team Canada (colour)
Mounted poster Oversized Paul Henderson goal print, painted originally and signed by Andre
1075 Larcheveque
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
Page 23 of 35
1796
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
Oversized mounted poster Russian and Canadian teams stand during anthem prior to game in 1972 Summit Series
1076
1077 Oversized mounted poster Team Canada 1996
1078 Oversized mounted poster Team USA vs. Team Canada action
1079 Oversized mounted poster Same as 0896
1080 Oversized mounted poster Calgary 1988 Olympic Winter Games
Oversized photo Team Canada's Paul Henderson scores winning goal in 1972 Summit Series against
1081 Soviets (three frames in one shot) (b&w)
Photo--autographed The Hanson Brothers on bench from 'Slapshot' (autographed by Brothers Jeff Carlson,
1082 Dave Hanson and Steve Carlson) (b&w)
1083 Photo Paul Newman on ice from 'Slapshot' (b&w)
1084 Photo Paul Newman with George Roy Hill during shooting of 'Slapshot' (b&w)
1085 Photo Paul Henderson posed photo, original signed (colour)
1086 Photo Paul Newman tussles with goalie from 'Slapshot' (b&w)
1087 Photo Fight scene from film, 'Slapshot' (b&w)
1088 Photo Weekend magazine cover with Paul Newman from 'Slapshot' (colour)
Photo John Wayne and unidentified actor from 'Idol of the Crowds,' early Hollywood hockey film
1089 (b&w)
Photo John Wayne separated from opponent by woman in still from early Hollywood hockey
1090 film, 'Idol of the Crowds' (b&w)
1091 Photo John Wayne with youngster on ice from hockey film 'Idol of the Crowds'
1092 Photo Action shot from Hollywood film 'Idol of the Crowds' starring John Wayne (b&w)
Photo John Wayne prone with actress and actor looking on from 'Idol of the Crowds' still (b&w)
1093
1094 Photo Advertisement for Hollywood film 'It's a Pleasure' starring Sonja Henie (colour)
Photo Movie still of fight between Wildcat and Seal from old Hollywood hockey movie (b&w)
1095
1096 Photo Movie still of old Hollywood hockey film with Wildcats and Seals (b&w)
1097 Photo--autographed Johnny Bower makes pad save (autographed)
1098 Photo--autographed Glossy photo of Johnny Bower, action shot, autographed on blocker
1099 Photo Masked Jacques Plante in action (b&w)
1100 Photo Print of painting of Montreal's Jacques Plante (colour)
1101 Photo Jacques Plante wearing toque (b&w)
1102 Photo Jacques Plante of Montreal wearing dark mask and holding clear mask (b&w)
1103 Photo Jacques Plante with a variety of masks he created (b&w)
1104 Photo Collection of Jacques Plante masks (colour)
1105 Photo Jacques Plante holds up two of his early masks (b&w)
Photo Gump Worsley of the North Stars and Rick Kehoe of the Leafs converse on ice (b&w)
1106
Gump Worsley of the North Stars and Rick Ke.hoe of the Leafs converse on ice (b&w)
1107
Photo Gump Worsley makes diving save for Rangers with Bill Gadsby looking on (b&w)
1108
1109 Photo Terry Sawchuck with computer generated facial scars (b&w)
1110 Print Terry Sawchuck painting
Photo Collage of 5 goalies and colourful masks, titled Snapshots (colour), also Terry Sawchuk
1111 in action with Leafs (colour)
1112 Photo Rangers' Gilles Gratton wearing his well-remembered lion mask (b&w)
1113 Photo Close up of Gilles Gratton's lion mask (colour)
1114 Photo Close up of Gilles Gratton's lion mask (colour)
1115 Photo Rangers' Gilles Gratton wearing lion mask (duplicate of 599) (b&w)
1116 Photo Close up of Gilles Gratton's lion mask (colour)
1117 Photo Scary goalie mask (colour)
1118 Photo Scary goalie mask (colour)
1119 Photo Side view of Cheevers mask (colour)
1120 Photo Gerry Cheevers wearing mask (colour)
1121 Photo Gerry Cheevers wearing mask (sideview) (colour)
1122 Photo Time Magazine with Bernie Parent mask on cover
1123 Photo Cover of Time Magazine from February 24, 1975 featuring Bernie Parent (colour)
Page 24 of 35
1797
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
1124 Photo Lester Patrick standing in for injured netminder with New York Rangers (b&w)
Photo Lester Patrick, coach of New York Rangers, suits up for injured goaltender (b&w)
1125
Photo Picture of painting of Lester Patrick preparing to step into goal for New York Rangers
1126 (colour)
1127 Photo Bill Ranford of the Oilers in action (colour)
1128 Photo Andy Brown, the NHL's last maskless goalie, in action with Pittsburgh (colour)
1129 Photo Soviet goalie wearing primitive mask (b&w)
Photo Roy Worters posed with New York Americans (original was signed) (colourized) jersey
1130
Photo Roy Worters posed with New York Americans (original was signed) (colourized) jersey
1131
1132 Photo Alex Connell with the Montreal Maroons (b&w/sepia)
1133 Photo Team USA's Jim Craig celebrates 'Miracle on Ice' (colour)
1134 Photo Ed Giacomin tends goal for Rangers (colour)
1135 Photo Greg Stefan in net for Red Wings (original was autographed) (colour)
1136 Photo Unidentified goalie for Ottawa Senators in action (colour)
1137 Photo Unidentified goalie for Quebec Nordiques (colour)
1138 Photo Goaltender for Harvard University
1139 Photo Alex Connell of the Montreal Maroons (b&w)
1140 Photo Elaborate mask worn by unidentified goalie (colour)
1141 Photo Elaborate mask worn by unidentified goalie (colour)
1142 Photo Elaborate mask worn by unidentified goalie (colour)
1143 Photo Collection of elaborate goalie mask designs (colour)
1144 Photo Goaltender Gerry Desjardins of the Buffalo Sabres (colour)
1145 Photo Philadelphia goaltender sprawls to thwart St. Louis Blues (b&w)
1146 Photo Soviet netminder Vladislav Tretiak and wife (colour)
1147 Photo Felix Potvin looking to his left
1148 Photo Turk Broda skims across crease
1149 Photo Turk Broda and Bill Durnan (b&w)
1150 Photo Frank McCool, Toronto's goaltending hero in 1945 (b&w)
1151 Photo George Hainsworth of the Toronto Maple Leafs (b&w)
1152 Photo Bill Durnan makes posed glove save for Montreal Canadiens (b&w)
1153 Photo Ken Dryden playing goal at the age of 8 (colour)
-
1154
1155 Photo Elaborate mask worn by New York Rangers goalie (colour)
1156 Photo Don Keenan of the Boston Bruins in his only NHL game (b&w)
1157 Photo Don Keenan of the Boston Bruins in his only NHL game (b&w)
1158 Photo Ambidextrous Frank Brimsek of the Bruins shows off his gloves (b&w)
1159 Photo Frank Brimsek, goalie for Boston Bruins (b&w)
1160 Photo Tony Esposito looking at shooter
1161 Photo Alfie Moore in replacement role with Chicago Black Hawks (b&w)
1162 Photo Chuck Gardiner of the Chicago Black Hawks (b&w)
1163 Photo Glen Hall in action for St. Louis (b&w)
1164 Photo Sam LoPresti with Black Hawks (b&w)
Photo Time Magazine cover from February 11, 1935 with Chicago's Lorne Chabot on cover
1165 (colour)
1166 Photo Wooden goalie stick from Stanley Cup final in 1899 (colour)
1167 Framed photo Jacques Plante of Montreal putting on mask with bloody face (b&w)
1168 Framed photo Whitey Merritt (white pads) with Winnipeg Victorias (b&w)
Framed photo Framed print of Ranger goalie Lester Patrick's famous game against Maroons (colour)
1169
1170 Framed photo Clint Benedict with early mask
1171 Framed photo Charlie Teno in net 1938/39
1172 Oversized photo Print of a painting of Ken Dryden, signed by artist (colour)
1173 Oversized mounted poster Eddie Belfour
1174 Oversized mounted poster Ed Belfour's Eagle mask
1175 Oversized mounted poster Dominik Hasek tribute, including two photos and caption
Page 25 of 35
1798
Schedule "C"
Items Purchased from Brian McFarlane (in storaqe
1176 Oversized mounted poster Molson Canadian masks
Photo Artist depiction of Wanderers, Quebec, Waterloo and Ottawa sweaters 1908-1910
1177 (colour)
Photo Artist depiction of Americans, Bruins, Rangers and Brooklyn Americans' sweaters 1937-
1178 1942 (colour)
Photo Artist depiction of Black Hawks, Canadiens, Canadiens and Maple Leafs sweaters 1943-
1179 1945 (colour)
Photo Artist depiction of Canadiens, Cobalt, Haileybury, Renfrew sweaters 1910-1911 (colour)
1180
Photo Artist depiction of Victoria, Shamrocks, Winnipeg, Montreal sweaters 1898-1902 (colour)
1181
Photo Artist depiction of St. Pats, Pirates, Detroit, B;ack Hawks sweaters 1926-1927 (colour)
1182
Photo Artist depiction of Seattle, Canadiens, Regina, Ottawa sweaters 1920-1922 (colour)
1183
1184 Photo Artist depiction of St. Pats, Bruins, Detroit, Chicago sweaters 1927-1930 (colour)
Photo Artist depiction of Canadiens, New Westminster, Quebec, Canadiens sweaters 1911-
1185 1912 (colour)
Photo Artist depiction of Sydney, Tecumsehs, Portland, Victorias sweaters 1913-1926 (colour)
1186
1187 Photo Artist depiction of Edmonton, Montreal, Montreal, Americans sweaters 1924-1926
I--- (colour)
1188
Photo Artist depiction of Quebec, Victoria, Toronto, Vancouver sweaters 1913-1915 (colour)
1189
Photo Artist depiction ofTigers, St.Pats, Saskatoon, Calgary sweaters 1922-1924 (colour)
1190
Photo Artist depiction of Quakers, Bruins, Rangers, Ottawa sweaters 1931-1933 (colour)
1191
Photo Artist depiction of Toronto, Americans, Detroit, St. Louis sweaters 1934-1935 (colour)
1192
1193 Photo Haileybury Hockey Club (b&w)
1194 Photo Toronto's Riverdale Park, with multiple hockey games on-going (b&w)
1195 Photo Wembley Cubs work on posture during a hockey practice in England (b&w)
1196 Photo "Would you Believe It?" poem (b&w)
1197 Photo Picture of Gotham Hockey Push/Pull hockey game (colour)
Photo 'A Star in the Making' newspaper articlE! about Brett Armstrong of Cavan, Ontario (b&w)
1198
1199 Photo U,S, president Ronald Reagan taks shot on goalie (colour)
1200 Photo Yogi Berra squatting down in New York Yankees uniform (colour)
1201 Photo Duplicate of 658
1202 Photo Irma Coucillline drawing of Arthur Farrell, who wrote first hockey book (b&w)
1203 Photo St.Paul vs, Minneapolis playing for a Kiwanis convention in 1925 (b&w)
1204 Photo Playing hockey on frozen river in Alberta (b&w)
1205 Photo Artist depiction of skating at new rink in Saint John, NB circa 1869 (b&w)
1206 Photo The Million Dollar Player caricature, created by Ted Michener in the 1970's (b&w)
1207 Photo 'Cyclone' Taylor portrait (b&w)
1208 Photo Philadelphia Quakers team shot (individual poses) from 1930-31 (b&w)
1209 Photo Zamboni with 'Buffalo Savings Bank' on side (b&w)
1210 Photo Early Zamboni (b&w)
1211 Photo Early ice resurfacing machine, photo taken outside (b&w)
1212 Photo Modern Zamboni (b&w)
1213 Photo Nels Stewart posed in New York Americans sweater (colourized)
Photo Artist depiction of aboriginals playing hockey-like game (lacrosse?) on frozen pond
1214 (colour)
1215 Photo Women's baseball being played on floor of Maple Leaf Gardens (b&w)
1216 Photo Hippodrome in St. Paul, Minnesota (b&w)
1217 Photo St. Catharines Orioles -- Canada's only 'all-coloured team' (b&w)
1218 Photo Ralph 'Scotty' Bowman of St. Louis Eagles in action pose (b&w)
Photo Early artificial ice rink in Soviet Union//Soviet hockey team (b&w, combination photo)
1219
Page 26 of 35
1799
Schedule "C"
Items Purchased from Brian McFarlane (in storage)
1220 Photo Advertisement for McNiece & Orchard and Hardisty-Proulx hockey sticks (b&w)
1221 Photo Bradford Wood Products hockey stick manufacturing factory circa 1936 (b&w)
1222 Photo The Hats that Click in the NHL
1223 Photo Photo of program cover with 46-47 All Stars
1224 Photo Referee Red Storey's final game (1959) pointing out fan with gun (b&w)
1225 Photo RCAF Flyers 1942 Allan Cup Champions team photo (b&w)
1226 Photo Jean Pusie goes after fans in crowd during game in Wichita (b&w)
1227 Photo Advertisement for Bradford hockey sticks circa 1936 (b&w)
1228 Photo Winners of Asdale Shield 1913
1229 Photo 3 referees
1230 Photo Coach talking to Harlem Globetrotters
1231 Photo Print of December 1, 1934 issue of Collier's cover with material goalie (colour)
1232 Photo Print of January 24,1931 Collier's cover with hockey illustration (colour)
1233 Photo BeeHive Golden Corn Syrup advertisement with NHL picture offer (b&w)
Photo Manny Mcintyre, Herb Carnegie and Ozzie Carnegie formed the 'AII-Coloured Line' that
1234 terrorized senior hockey in the 1940's (b&w)
1235 Photo Cree and Ojibway Indian Hockey Tour (b&w)
1236 Photo New York Americans' team photo (b&w)
Photo Hec Pozzo and Don Grosso of 1947-48 St. Louis Flyers (AHL) with local baseball great
1237 Yogi Serra (b&w)
1238 Photo O'Brien Trophy for winner of the National Hockey Association (b&w)
1239 Photo International contest played outdoors (b&w)
1240 Photo Unidentified figure skater (b&w)
1241 Photo Hockey team sporting striped uniformsposes for team photo (b&w)
1242 Photo Team with championship trophy circa 1920's (b&w)
1243 Photo Goal judge stands behind net with fur coat and bell (b&w)
1244 Photo Two teams (one is McGill) compete in game outdoors (b&w)
1245 Photo International hockey player being congratulated. (b&w)
Photo Print of painting of aboriginal stick and ball game being played on frozen lake, (colour)
1246
1247 Photo Print of painting of children playing hockey on snow-covered street. (colour)
1248 Photo Frank Nighbor of Pembroke, Ontario (b&w)
1249 Photo Unidentified New York Americans player in action (b&w)
1250 Photo Two teams in action, one likely St. Michael's College (b&w)
1251 Photo Queen of the Ice -- unidentified hockey player (b&w)
1252 Photo Dionne Quintuplets with hockey sticks and skates (b&w/sepia)
1253 Photo Collection of early hockey sticks plus early goalie gloves (b&w)
1254 Photo Early outdoor hockey game (b&w)
1255 Photo Early outdoor hockey game (b&w)
1256 Photo Early outdoor hockey game (b&w)
1257 Photo Early outdoor hockey gamebeside pleasureskaters
1258 Photo Kids poke sticks through ice (b&w)
1259 Photo Early outdoor hockey game (b&w)
1260 Photo Lester Patrick Trophy for contributions to hockey in United States (colour)
1261 Photo Print of painting of Joe Malone of Quebec Bulldogs (colour)
1262 Photo Unidentified team (b&w)
1263 Photo Youngsters pull on their skates (b&w)
1264 Photo Hockey game from turn of the 20th century (b&w)
--'--
1265
1266 Photo Men and women play informal game of hockey on frozen lake (b&w)
1267 Photo Print of painting of young boys playing hockey outdoors (colour)
1268 Photo Print of painting of boys and dog playing hockey outside of farm (colour)
Photo Print of painting of boys playing outdoor hockey while adult and dog observe (colour)
1269
1270 Photo Print of painting of Victorian-era gentleman tying lady's skates (colour)
1271 Photo Print of painting of youngster scoring goal in arena (colour)
1272 Photo Print of painting of people skating on frozen river running through town (colour)
1273 Photo Toddler with stick, sweater and helmet (b&w)
Page 27 of 35
1799001
Items Purchased rom rian Mc ar ane In s orage
1274 Photo Boys playing street hockey circa 1960's (b&w)
1275 Photo First Nations hockey team circa 1930's (b&w)
Photo Pumpkin farmer Howard Dill of Windsor, Nova Scotia, owner of Long Pond where hockey
1276 is reputed to have been born (colour)
Photo Pumpkin farmer Howard Dill of Windsor, Nova Scotia, on whose property hockey is
1277 reputed to have been first played (colour)
1278 Photo Print of painting of children playing street hockey (colour)
1279 Photo Print of painting of two teams plaYing hockey (colour)
1280 Photo Print of photo of shinny being played outdoors (colour)
1281 Photo Print of photo of Victorian era outdoor skating party (colour)
1282 Photo Print of photo of outdoor hockey game played on boarded rink (colour)
1283 Photo Bandy being played on frozen lake (b&w)
1284 Photo Baby carriage being pushed on frozen river by skating couple (b&w)
1285 Photo Goal judge behind net signals goal in early hockey game (b&w)
1286 Photo Couples ice dancing on outdoor rink (b&w)
1287 Photo Print of painting of early hockey game, played indoors (b&w)
1288 Photo Hundreds enjoy outdoor winter activities (b&w)
1289 Photo Family in skates and with sticks on frozen river circa 1920 (b&w)
1290 Photo Outdoor skaters propelled by kite (b&w)
1291 Photo Early hockey players practise shooting on net prototype (b&w)
1292 Photo Boy with skates, stick and his dog, circa 1930's (b&w)
Photo Hockey players pose lying on stomachs with skates in air, behind a championship trophy
1293 (b&w)
1294 Photo Outdoor hockey game from turn of last century (b&w)
1295 Photo Victoria Rink in Montreal, home of the first official hockey game (b&w)
1296 Photo Two boys face off on small outdoor frozen pond (b&w)
1297 Photo Outdoor hockey game being observed by single fan (b&w)
1298 Photo Choosing teams for outdoor hockey game (b&w)
1299 Photo Pittsburgh Arena at turn of the last century (b&w)
1300 Photo Edmonton Eskimos Hockey Team, comprised of individual player shots (b&w)
1301 Photo Red Green with the New York Americans (b&w)
1302 Photo Dawson City Arena, circa 1900 (b&w)
1303 Photo Referee prepares boys playing hockey outdoors for faceoff (b&w)
1304 Photo Picture of artist depiction of early hockey player (colour)
~ Photo The rules of hockey as published on February 27,1877, superimposed on heritage
1306 hockey team photo (b&w/sepia)
Photo Football player Dan Marino, encased in plastic sleeve, note says: "Dan Marino was a
1307 Museum Guest Aug 1997
1308 Photo Costumed skating party at Victoria Rink in Montreal (colour)
1309 Magazine cover Saturday Evening Post, January 18, 1936--hockey theme
1310 Magazine cover Macleans--illustrated image of family watching hockey on TV (cover only)
1311 Magazine cover Macleans--illustrated image of referee and young boy, January 15,1951
1312 Framed photo Outdoor game with standing spectators (b&w)
1313 Framed photo MAAA team photo, posed (b&w)
1314 Framed photo Early settlers posed on outdoor rink
1315 Framed photo Hockey played outdoors (colour)
Framed artwork Print of illustration depicting Team USA and Team Canada competing, kids' version
1316 (colour)
Framed photo Print of kids playing on ice, Montreal vs Toronto, with Dad hosing ice while fading,
1317 'Saturday Night Hero'
1318 Framed photo Bandy on ice (b&w)
1319 Framed photo Print of painting depicting backyard hockey game (colour)
1320 Framed photo Clearing the ice before an outdoor hockey game
1321 Framed photo Outdoor shinny game
1322 Framed photo Typical Winter Sports - Hockey; Painting of Victoria rink (colourized)
1323 Framed photo Kenora player pose
1324 Framed photo Kenora Thistles team portrait (b&w)
1325 Framed photo Montreal Wanderers 1911
Schedule "C"
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c
Page 28 of 35
1799002
ems urc ase rom r1an c ar ane In s orage
1326 Framed photo Early team posed on ice (b&w)
1327 Framed photo Skating at Grenadier Pond in Toronto (b&w)
1328 Framed photo Team photo of RCAF Flyers (b&w)
1329 Framed photo Vancouver Millionaires
1330 Framed photo Seattle world hockey champions 1917
1331 Framed photo Ad for hockey picture rings through BeeHive Corn Syrup (b&w)
1332 Framed photo Baby carriage being pushed across pond
1333 Framed photo Fred 'Cyclone' Taylor shot, autographed (not original) (b&w)
1334 Framed photo Ottawa Hockey Club Team Shot (individual photos)
1335 Framed photo Truro Shieks Hockey 1930 B&W
1336 Framed photo Haileybury NHL Team 1910 Team Photo
1337 Framed photo 1909-10 Renfrew Hockey Team (Group Photo; Individual Framed)
1338 Framed photo Vancouver's Asah Athletic Club of 1919-20 (colour)
1339 Framed photo Toronto Wellingtons Hockey Team, 1899-1900 Senior OHA champions (b&w)
1340 Framed photo O'Keefe's beverages advertisement
1341 Framed photo (original frame) Victoria Harbour Hockey Club, 1905 (b&w)
1342 Framed photo Framed, Philly Quakers with captain
1343 Poster Cardboard Team signs, includes G clips to attach signs
1344 Poster Cardboard Team signs, includes G clips to attach signs
1345 Poster Cardboard Team signs, includes G clips to attach signs
1346 Poster Cardboard Team signs, includes G clips to attach signs
1347 Poster Cardboard Team signs, includes G clips to attach signs
1348 Poster Cardboard Team signs, includes G clips to attach signs
1349 Poster Cardboard Team signs, includes G clips to attach signs
Cardboard cut-out of vintage skates Two brown cartoon-like skates, one piece, laces in, double sided.
1350
1351 Oversized mounted poster Brooklyn Americans
1352 Oversized mounted poster 1904 Portage Lake Pioneers
1353 Oversized mounted poster Evolution of skates
1354 Oversized mounted poster 1896 Baltimore Hockey Club
1355 Oversized mounted poster Showdown Confrontation (labelled 859a,b)
1356 Oversized mounted poster Henry Burchell Gardner & Alvin Foye Shortwell of Harvard
1357 Oversized mounted poster 1942-72 Legends of Hockey
1358 Oversized mounted poster Hockey Hall of Fame
1359 Oversized mounted poster NHL All Stars, 1940's vintage
1360 Oversized mounted poster NHL logo
1361 Framed oversized photo Framed photo of Dionne quintuplets
1362 Oversized photo NHL's 1948-49 First All-Star Team
1363 Oversized photo Hobey Baker story
1364 Oversized photo Gibson Cartoon Series: Chummy Hill Scores
1365 Oversized photo Gibson Cartoon Series: Two goalies in net
1366 Oversized photo Gibson Cartoon Series: Fans outside Montreal arena
1367 Oversized photo Gibson Cartoon Series: Esposito in hospital bed
1368 Oversized photo Gibson Cartoon Series: Replica of 0924
1369 Oversized photo Gibson Cartoon Series: Referee Finlay
1370 Oversized photo Gibson Cartoon Series: Haileybury/Cobalt
1371 Oversized photo Gibson Cartoon Series: Replica of 0925
1372 Oversized photo Gibson Cartoon Series: Bigger version of 0931
1373 Oversized photo 1912-13 Quebec Hockey Club Bulldogs (b&w)
1374 Oversized photo Clarence Campbell shaking hands
1375 Oversized photo NHL All Stars
1376 Oversized photo Toronto Wellingtons Hockey Team, 1899-1900 Senior OHA champions (b&w)
1377 Oversized photo Mervyn 'Red' Dutton posed as New York American (b&w)
Oversized photo New York Americans in street clothes, February 1929 at Bear Mountain Inn, New York.
1378 Players identified in pen (b&w)
1379 Oversized photo Quebec Colisee (colour)
1380 Mounted newspaper article Old newspaper article on "Dionne Quints" laminated, crumpled and creased
1381 Hockey Figurine Child's hockey player, plaster-type material, brown stick, blue uniform
It
P h
Schedule "C"
df B'MF
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Page 29 of 35
1799003
Items Purchased from Brian Mc ar ane In S orage
Framed photo--autographed Brian McFarlane (in Leafs sweater) with Ted Lindsay of Red Wings (autographed by
1382 Lindsay) (b&w)
Framed photo--autographed Johnny Bower of Toronto Maple Leafs faces Bobby Hull of Chicago Black Hawks
1383 (autographed by Bower) (colour)
1384 Framed photo--autographed Brian McFarlane with Mario Lemieux (autographed) (colour)
1385 Framed photo--autographed Brian McFarlane interviews Detroit's Dennis Riggin (autographed) (b&w)
1386 Photo Brian McFarlane in front of Hockey Hall of Fame logo (colour)
1387 Photo Brian McFarlane with Inkerman Rockets in 1950-51 (two copies) (b&w)
1388 Photo Brian McFarlane holding his 'Stanley Cup Fever' book (b&w)
1389 Photo Brian McFarlane, Dave Hodge, Bill Hewitt HNIC Control Room
1390 Photo Brian McFarlane interviewing Phil Esposito on NBC (b&w) .
1391 Photo Ghost of The Hardy Boys cover
Photo Sport Story Magazine coverfrom January 1937, with 'Rink Buddies' story by Leslie
1392 McFarlane (colour)
1393 Photo Cover of 'McGonigle Scores' by Leslie McFarlane (colour)
1394 Photo 'Hockey Night in Canada' broadcast crew (colour)
1395 Photo List of donors to Brian's original hockey museum (b&w)
1396 Photo Brian McFarlane interviews Punch Imlach on NBC
1397 Photo Brian McFarlane, Glenn Resch, Howie Meeker and Ed Westfall on NBC (b&w)
1398 Photo Brian McFarlane at Hockey Hall of Fame with Builder Bill Torrey (colour)
Photo Inkerman Rockets team photo from 1950-51, including Brian McFarlane (seated, 2nd
1399 from right) (b&w)
1400 Photo Brian McFarlane and Dick Irvin Jr. (b&w)
1401 Photo Brian McFarlane with St. Lawrence University (b&w)
1402 Photo Brian McFarlane and King Clancy (b&w)
1403 Photo Brian McFarlane with Fred 'Cyclone' Taylor (colour)
Photo NHL Oldtimers: Ed Litzenberger, Ivan Irwin, Murray Henderson, Wally Stanowski, Pete
Conacher, Danny Lewicki, Gus Bodnar, Sid Smith, Mike Trenton (goalie), Johnny
1404 McCormack, Harry Watson (colour)
1405 Photo Brian McFarlane posing with Stanley Cup (colour)
Photo Brian McFarlane at Hockey Hall of Fame when he was selected as a Media Honouree
1406 (colour)
1407 Photo Brian McFarlane, unidentified, Ted Lindsay in NBC Sports jerseys (colour)
1408 Photo Advertisement for Brian McFarlane's original hockey museum (colour) (x2)
Photo Caricature of 1970's broadcasters Don Chevrier, Bill Hewitt, Tom Cheek, Brian
1409 McFarlane, Russ Jackson, Mike Wadsworth and Dave Hodge (b&w)
1410 Photo Peter Puck gets whacked by cartoon goalie (colour)
1411 Photo Brian McFarlane and Wayne Gretzky on 'Hockey Night in Canada' (colour)
1412 Museum guestbook page Mounted on foam, one page, 14 entries, dating June 24th - June 29th, 1995
1413 Mounted poster Magazine article of Brian McFarlane's Niagara Falls museum
1414 Framed photo 'Hockey Night in Canada' team versus Toronto Maple Leafs from 1960's (b&w)
1415 Framed photo McFarlane with Esposito on crutches
1416 Framed photo Brian McFarlane and Don Cherry
1417 Framed photo Brian McFarlane reading to Peter Puck (b&w)
1418 Framed photo Bill Hewitt with Brian McFarlane
1419 Peter Puck clock Soft face, takes 1 AA battery, face contains Peter Puck logo, displays 12,3,6,9
1420 Peter Puck postcards Peter Puck (5, assorted)
1421 Peter Puck crest Peter Puck crest
1422 Hockey Hall of Fame tokens Approximately 200 tokens in a plastic bag and a mini garbage bag
1423 Hockey Night in Canada Album Bright blue cover, vintage logo
1424 Hockey Night in Canada jacket light blue, worn by Brian McFarlane, along with a white shirt and tie
Hockey Night in Canada Ball Cap Farmer style ball cap; Hockey Night in Canada emblem at center
1425
Brian McFarlane's Hockey Museum Grey, with white and maroon font
1426 Signs
Brian McFarlane's Hockey Museum Grey, with white and maroon font and arrow in left corner
1427 Signs
1428 Maple Leaf Gardens Turnstile Black casing, silver turnstiles
Schedule "C"
F
c
Page 30 of 35
1799004
ems urc ase rom r1an c ar ane In S Drage
Four Red Seats from Maple Leaf Connected leather seats, wooden backdrops
1429 Gardens
Four Blue Seats from Maple Leaf Connected wooden seats and wood backs
1430 Gardens
1431 Mark License Agreement
It
Schedule "C"
Ph df B'MF
c
Page 31 of 35
1799005
1
2
3
4
5
6
7
8
9
10
The items above were identified as "Loaned Assets" through the July, 2003 List of Inventory, subsequently Brian
McFarlane also loaned the Municipality a framed "Tapestry" which was also returned to him with the items
listed above.
Page 32 of 35
1799006
1 Puck Game-used, Toronto Marlies
2 Puck Game-used, Rochester Americans
3 Puck Game-used, Manitoba Moose
4 Puck Game-used, Milwaukee Admirals
5 Puck Game-used, Philadelphia Phantoms
6 Puck Game-used, Lowell Devils
7 Puck Game-used, San Antonio Rampage
8 Puck Game-used, New York Islanders
9 Puck Game-used, Washington Capitals
10 Puck Game-used, Buffalo Sabres
11 Puck Game-used, New York Rangers
12 Puck Game-used, Minnesota Wild
13 Puck Game-used, Hamilton Bulldogs
14 Puck Game-used, Hamilton Bulldogs
15 Puck Game-used, Montreal Canadiens
16 Puck Game-used, Binghamton Senators
17 Puck Game-used, Manchester Monarchs
18 Puck Game-used, Chicago Wolves
19 Puck Game-used, Boston Bruins
20 Puck Game-used, New Jersey Devils
21 Puck Game-used, Atlanta Thrashers
22 Puck Game-used, Houston Aeros
23 Puck Game-used, Bridgeport Sound Tigers
24 Puck Lindsay Muskies
25 Puck UOIT Ridgebacks
26 Puck Bowmanville Eagles
27 Puck Total Hockey opening
28 Puck Beaver Cup Pond Hockey
29 Hockey gloves Brown Mastercraft gloves
30 Hockey gloves Brown Cooper gloves
M in i-stick --autog rap hed Wooden stick autographed by Jayna Hefford and Vicky Sunohara from the 2002 and
31 2006 gold medal-winning Canadian Women's Olympic hockey team
32 Hockey gloves Sommer West Game Worn Hockey Gloves
33 Hockey stick Sommer West Game Stick
34 Hockey stick Etobicoke Dolphins Autographed Goal Stick
35 Jersey Justin Caruana Peterborough Petes Jersey
36 Jersey Brian Bickell Jersey
37 Hockey gloves Brian Bickell Game Worn Gloves
38 Jersey Team Canada Adult Jersey
Framed Photo Chicago Black Hawks team photo, 1948-49 (photo not perfect), autographed by Johnny
39 Bower
40 Framed Photo Belleville McFarlands, World Cahmpions, 1959, pen marks on photo
41 Baseball Cap Norfolk Admirals, 2006-07
42 Pennant Norfolk Admirals, 2006-07
43 Photo Autogrpahed photo, Justin Caruana, Peterborough Petes
44 Photo Autographed photo, Jeremy Booker, Sledge hockey
45 Photo Autographed photo, Dustin Ekelman, St. Mike's Majors
46 Photo Autographed photo, Matt Lahey, Ottawa 67's
47 Photo Autographed photo, Brent Hughes, Flyers (b&w photocopied photo)
48 Photo Brett Liscomb, Ottawa 67's, colour
49 Photo Players involved in 1947 trade between Chicago and Toronto (b&w)
50 Photo Whitby Dunlops, circa 2005
51 Calendar Etobicoke Dolphins, 2006-07
52 Program Norfolk Admirals, 2006-07
53 Hockey card Brent Clemens
54 Plaque Shoot, Score and Totally Win plaque, 2006
55 Logo Total Hockey Logo
56 Photo Ray Preston, Hamilton Tigers, 8x10, b&w (photocopy)
Appendix #C
Items Donated and Retained
Page 33 of 35
1799007
Appendix #c
Items Donated and Retained
Photo Winnipeg Victorias, 1896 Stanley Cup Champions, including Fred Higginbotham, b&w,
57 photocopy
58 Photo Ernie Dickens, Maple Leafs, 6x8, b&w
59 Photo Les Colvin, Oshawa Truckmen, 4x6, b&w
60 Photo Buck Davies, Providence Reds, 8x10, b&w (HHOF)
61 Photo Breslin's Red Raiders, Juvenile Champions, team photo, sepia, 11X13
Page 34 of 35
1799008
Appendix #D
Items Purchased and Retained
1 Jersey Chris Kelly Ottawa Senators Jersey $250.00
2 Photo Chris Kelly Binghampton Senators Photo $20,00
3 Photo Brent Hughes Kansas City Chief Photo $5.00
4 Photo Mike Keenan New York Rangers Coach Photo $5.00
5 Photo Tom Simpson Toronto Taros Photo $5.00
Page 35 of 35
1799009
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SCHEDULE "E" - COD-069-08
HOCKEY HALL of FANIE
BCE Place, 30 Yonge Street, Toronto, Ontario M5E 1X8
Tel: (416) 360-7735 Fax: (416) 360-1501
www.hhof.com
BRIAN MCFARLANE
MUSEUM
APPRAISAL
"-
Hockey Hall of Fame
Philip Pritchard/Craig Campbell
December 8,1998
"
" ---
1799014
----.---------------------------. ...----.-.--..
HOCKEY I-IALL of FJ-\ rvl E
BCE Place, 30 Yonge Street,' Toronto, Onliuio rv15E 1 X8
Tel: (416) 360-7735 Fax: (41(1) 36()-15OJ
www.hhof.com
Overview
One of hockey's premier historians, photographic collectors and authors, Brian
Mcfarlane has been part of hockey for over 50 years. As a fan, collector, player,
broadcaster, journalist, author, historian his days around hockey date back to the
days when he was a kid.
Today, Brian McFarlane is considered by many to be hockey's authoritative voice
on early hockey, women's hockey and of course the makings of the National
Hockey League.
As an author, McFarlane has written dozens of books about team histories,
league histories and stories, early hockey, women's hockey and children's
hockey. As a broadcaster/colour commentator, McFarlane was part of the NBC
Hockey broadcasts and Hockey Night in Canada's crew for years.
His contacts, hockey friends are endless and is a focal part of any hockey family.
In recent years, Brian has started his own Hockey Museum, where he has taken
his collections, video and audio tapes and produced a small museum that is
portable. He also has had Museums in Cobourg and Niagara Falls, Ontario.
The Brian McFarlane Museum focus's on hockey at all levels and concentrates on
the great of the games as well as arenas, hockey personalities and women's
hockey. The images, artifacts and videos are unique and often one-of-a-kind.
The Brian McFarlane Msueum is primarily a photo museum with an emphasis
on the chronological history of the game.
II
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1799015
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Photographs.
Each and every photograph in the Museum is mounted and has a unique script
explaining the image and/ or event. The graphics are black and white, colour
and seppia-tone. Sizes range from 5" x 7" up to 20" x 36" and every size in
between, and contain action, posted, portrait shots as well as sketches, drawings
and commercial use of the players/teams. There are many images that are
autographed as well as personalized to Brian McFarlane. .
The rarity and uniqueness of these photos can only be documented by Brian
himself, as he has personally collected over the years through his journeys in
hockey. Several photos are from players' own collections, families, various
archives, the Hockey Hall of Fame and of course Brian's own collection.
With well over 700 images mounted, scripted and documented, the photo
collection covers early hockey, the National Hockey League, Lord Stanley of
Preston, women's hockey, great goalies and their masks. Also covered are the
greats of the game: Howe, Hull, Orr, Sittler, Richard, Lindsay, Schmidt, Gretzky
to name a few, owners, arenas, Zambonis, hockey in the movies, broadcasters,
great moments and of course Brian's own story to name a few of the themes.
--
Many of the images are original, one-of-a-kind images never seen before other
than in Brian McFarlane's publications.
The graphics have been carefully mounted on archival foam core by a company
out of Northern Toronto called ProFrame Design Concepts Inc. The images that
are not mounted on foam core are archivally preserved in a non glare glass,
wooden/ steel frame. There are a few images that are wrapped in clear plastic to
protect the image. In all cases, the images are well preserved, and often meet
museum standards.
Based on the above iniormation, a value for these graphics are as follows:
Total
$30,000.00
$ 6,000.00
$ 5,000.00
$ 5,000.00
$10;000.00
\ \
$56,000.00
600 images various sizes/ styles @ $50.00 each
600 images mounted/ scripted @ $10.00 each
50 approx framed (originals) @ $100.00 each
50 appro x autographed, personalized @ $100.00 each
rarity, uniqueness of each photo
. .
~ ~
1799016
Hockey skates
The collection of skates date back to the early days of hockey which include a
pair of Starr skates in the original box. The majority of the skate collection are
early skates without the boot. Doug Favell and Garth Boesch skates highlight the
players skates.
Old skates (24 pair, 1 odd) @ $100.00 each pair
Garth Boesch skates (40's -50's)
Doug Pavells' skates
Starr skates in box
T ota!
Gloves and Pads
$2,450.00
$ 250.00
$ 250.00
$1,000.00
$3,950.00
The collection of hockey gloves, goalie pads, shin pads, shoulder pads is not as
extensive as the hockey stick collection, however it does cover a good period of
hockey history. The collection is a mix of game used NHL equipment along with
traditional hockey equipment.
3 pair of hockey gloves various eras @ $100.00 each
2 pair NHL used gloves @250.00 each
9 pair goalie gloves various eras @250.00 each
1 pair NHL used goalie gloves @ $1,000.00 each
2 pair NHL used goalie pads @$1,500.00 each
1 pair goalie pads (small)
various shin pads (1 odd one)
1 pair NHL used goalie shoulder pads/ arm pads
1 pair shoulder pads (kids)
1 chest protector (Kenesky)
1 hockey pants (Women's worlds)
Total
$ 300.00
$ 500.00
$2,250.00
$1,000.00
$3,000.00
$ 200.00
$ 500.00
$ 500.00
$ 100.00
$ 100.00
$ 250.00
. $8,700.00
\\
. .
1799017
.'
Artifacts
Through the contacts Brian McFarlane has gathered over the years, he has been
able to compile quite a list of artifacts. Several are unique and are often sought
after by various archives and Museums throughout Cananda.
Ranging from skates, jerseys, player equipment, goalie equipment, helmets,
goalie masks, hockey sticks, pucks ,etc. Brian has compiled quite an impressive
. list of artifacts.
However if, these artifacts need to be prepared and stored or displayed in an
archival manner, they may deteriorate over time. Proper lighting, display pieces
etc. should be used to preserved these unique artifacts. A consideration should
be to have them displayed in a permanent museum.
Hockey sticks
~
With close to 60 hockey sticks in his collection, Brian has been able to document
the history of the hockey and goalie stick. His prize possessions include a 1902
Stanley Cup stick, an autographed Terry Sawchuk goalie stick, and a Dennis
Hull stick from the famous Canada/ Russia 72 series. Also in his collection are
several sticks from the Bill q~lIoway /Hockey Hall of Fame collection.
47 hockey sticks various years @ $50.00 each
10 autographed various names @ $250.00 each
Terry Sawchuk autographed sticks (Red Wings)
1902 Goalie stick (Stanley Cup, Billy Nicolson)
Dennis Hu111972 Canada Russia stick
$2,350.00
$2,500.00
$3,000.00
$1,500.00
$1,000.00
'.
Total
$10,350.00
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1799018
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Helmets and masks
Unique masks and hockey helmets tell the story of the evolution of the headgear.
Featured is an old hand made mask from 1929-30, also included a several
replicas of NHL goaltenders masks.
8 goalie masks (replicas, hand painted) @ $250.00
1929-30 hand made mask (rare) used
NHL game used hockey helmet
Hockey helmet
Total
. Jerseys, Jackets, etc.
$2,000.00
$1,000.00
$ 250.00
$ 50.00
$3,300.00
The Brian McFarlane collection of jerseys and jackets consists of 27 hockey
jerseys and 3 hockey related jackets. Each jersey Ijacket tells a story which Brian
has scripted himself. There are many jerseys from the Bill Galloway IHHOF
collection. Featured is a Toronto Taros (WHA) initial jersey, a New York
Islander (sandow) Mike Bossy jersey as well as a traditional Hockey Night in
Canada powder blue jacket.
2 hockey jackets women's/men's @100.00 each
Hockey Night in Canada jacket
Toronto Taros (initial jersey #27)
ReAF Flyers jersey (late 1940's) amateur)
Mike Bossy. game ready jersey (sandow make)
McFarlane's Old timers jersey
Team Canada jersey (Keller)
Bykov (Russia club team jersey)
Winnipeg Jets (Steen) jersey
20 various jerseys (styles, names etc.) @ $100.00 each
Total
$ 200.00
$ 500.00
$1,000.00
$ 500.00
$1,000.00
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$2,000.00
$6,200.00
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1799019
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Hockey Pucks
With just over two dozen pucks, you cannot consider this collection an extensive
one, however the collection does contain some rare and obscure pucks;
Wayne Gretzky autographed puck
3 WHA pucks (rare) @250.00
NHIC clear puck
Chicago Blackhawk puck (old logo)
20 various pucks @ 20.00
broken puck
$ 100.00
$ 750.00
$ 100.00
$ 250.00
$ 400.00
N/A
Total
$1,600.00
Publications, Magazines, etc.
-.
The Brian McFarlane library consists of a who's who of hockey publications. The
books range from hard-cover/soft-cover and fiction/non-fiction. The
publications are not just limited to the National Hockey League. Being an
author, Brian McFarlane has had access to various books and magazines that the
public do not get to read (books that were submitted but never printed), which
increases the strength of his ~9llection.
The collection consists of early books as well as statistical books as well as
biographies (both authorized and unauthorized) covering hockey from various
authors and publishers from around the world.
Brian's books are often first printing, and in some cases autographed by the
author or subject.
Total
$ 350.00
$ 250.00
$1,000.00
$ 250.00
. $. 500.00
$ 5QO.00
\ \
$2,850.00
Hockey Book collection 35 books @ $10.00 each
Commemorative issues .
Scotiabank hockey news (rare) various copies
Inaugural issues
Media Guides/ yearbooks
Unique game programs various levels
. .
1799020
Artwork
There are 19 pieces of hockey art on display within the Museum. They range
from originals, to lithos and cover hockey at all levels. Hockey art consists of
colorized images, drawings, advertisements and some limited hockey cards.
The majority of the art is framed and matted, and often autographed.
Hockey art (19 pieces) @ 250.00
Originals/ rare
$4,750.00
$2,500.00
Total
$7,250.00
Hockey collectibles
Brian McFarlane has gathered some unique and rare hockey cards, match box
covers, hockey cutouts, etc. over the years. Although they are not a lot in
quantity, they are a valuable addition to the collection.
Hockey cards (various)
Ice Kings (16) various $200.00 each
1930's cards (4) various $150.00 each
Match box covers (5 in total) $25.00 each
Cut outs
$ 300.00
$3,200.00
$ 600.00
$ 125.00
$ 200.00
Total
$4,425.00
Table top hockey games
Over the years, table t?P hockey games have been very popular with Canadian
children, the games date back to the 1940' s. The earliest game is in very good
shape.
Gotham game 1940's
Munro game 1950's
2 modern table top/board games @ $50.00 each
$ 750.00
$ 250.00
, $ 100.00
Total
\ \
$l,H)().OO
. .
1799021
Peter Puck Collection
Peter Puck is as recognizable to a hockey fan as a hockey stick. Although Peter
Puck is currently not on television he is an important part of the game in Cahada,
almost a cultural icon. Various collectibles were made over the years of Peter
Puck. Ie: Plastic Puck, dolls, clock, signage.
Peter Puck memorabilia
$2,000.00
Total
$2,000.00
Mise
As in all collections and museum archives, there are several dozen items that
make the collection what it is. These items consist of hockey seats from arenas,
crests, dolls, nie-nacs, mini trophies, turnstiles, banners, signage etc.
Signage (autographed)
Banners/ pennants
Turnstiles (reported to be from Maple Leaf Gardens
8 seats from Maple Leaf Gardens @ 250.00 each
dasher board from arena
crests, logos, etc.
misc.
$ 500.00
$ 100.00
$1,500.00
$2,000.00
$ 250.00
$ 250.00
$ 500.00
Total
$5,100.00
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1799022
ConcI usion
The Brian McFarlane Museum offers a unique overview of the game of hockey.
It covers all levels from the grass roots all the way to International hockey and
everything in between. The museum offers the fan (guest) a great walk through
of the game of hockey. .
Listed below is a summary of an appraisal for the memorabilia:
Photographs
Hockey sticks
Hockey skates
Gloves and pads
Helmets and Masks
Jerseys, Jackets, etc
Hockey pucks
Publications, magazines, etc
Artwork
Hockey collectibles
Table Top Hockey
Peter Puck memorabilia
Misc.
T otaI
..
$56,000.00
$10,350.00
$ 3,950.00
$ 8,700.00
$ 3,300.00
$ 6,200.00
$ 1,600.00
$ 2,850.00
$ 7,250.00
$ 4,425.00
$ 1,100.00
$ 2,000.00
$ 5,100.00
$112,825.00
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" ...
1799023
Appraisal
This document was completed by the Hockey Hall of Fame's Resource Centre.
Information gathered has been researched and compiled through the various
collectors and memorabilia shops within North America.
Craig Campbell and Philip Pritchard spent a day on December 1, 1998 at Brian
McFarlane/s Museum in Niagara Falls, Ontario reviewing each and every piece
of memorabilia within the museum.
Between the two of them they have 18 years combined experience working
within the museum world, dealing with artifacts dealers, collectors, appraisers
etc. Also they have both been collectors themselves bringing over 40 years
experience within the sports especially hockey market.
To the best of their knowledge and ability the above appraisal is precise and
accurate. However, in all appraisal situations, the price is always an
approximation, as the memorabilia market is a very fast paced changing market.
..
Enclosed are copies of various collections, etc. that are currently for sale, that
give a rough idea of prices within today's market.
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1799024
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POSTSCRIPT TO APPRAISAL
Several years have passed since the Hockey Hall of Fame
made an appraisal of the Brian McFarlane Hockey Museum
in Niagara Falls. Since then there have been additions to the
Museum in the form of photos and artifacts, making the
overall value of the Museum considerably more than the Hall
of Fame appraisal.
Also, when the Hall of Fame appraisal was made, there was
no evaluation included on miscellaneous items such as wall
boards, Hanna designed fixtures, display cases, track
lighting etc. which should be taken into account.
\ \
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"
1799025
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SPIVACK & KRAUf,lNC.
Dovid Spl..a . Alu Knal
123 N. Sycamore 1104. N_ PA 11940
Tel: (215) 579-8895
Fax: (215) 579-4047
-.'__'__. -..1_.... ....__......._._.. ._..__
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1799027
1935.36 AMALGAMATED PRESS CHAMPION MAGAZINE · 11
. .
. 012 fMl Roche, 011., RC 100,00 150,00 200.00 0 Olto Heier, NYR 15,00 22.00 30.00 0 Almand Mondau, Ml &5.00 8500 100.0
. Sall Gracie, Sol. RC 100.00 150.00 200.00 0 Nonnie Himes. NY A 15.00 2200 3000 0 Paul Ra~. MI. &5.00 85.00 IlXlo:
013
064 Hec Kilrel, 011. 100.00 15000 20000 0 Uonal Hilehman. 80s, 2500 3500 50.00 0 Jadl Riley, MIl, &5.00 85.00 IlXlO:
01S Cooner We/lind, OIl, RC 250,00 375,00 450.00 0 Waher (Red) Jackson. NYA 15.00 22.00 3000 0 Russ Brll1Cll, MIl. M, &5.00 85,00 100.00
OM Frtd (Sun) Coot, NYR. RC 175,00 215,00 350,00 0 Roger Jenkins. Chi. 1500 22.00 30.00 0 Herbe" Cain. MI. U. 80.00 10000 12500
067 JoM Road1 (G), CtL 19000 28000 37500 0 AureJe Jo/ial. MU. SO.OO 7500 100.00 0 lilneI Cooacher, MI, M, 185,00 235.00 285.00
068 Murray Murdodl. NYR. 100.00 15000 200,00 0 Butcl1 (MeMIIeI Keeling. Chi. 15,00 22.00 30,00 0 AIel CoMet (G), MI M, 115.00 14500 17500
069 Oarny Cox, on., R.C., LC 100.00 15000 200.00 0 Wiliam Kendall. Chi. 15.00 22.00 30.00 0 SlIWa" EVIIlI, MIl, M. &5.00 85.00 10000
070 Deue Roche, MIl,", RC, LC 100.00 150,00 200.00 0 Lloyd Klein. NY A 15.00 22,00 30.00 0 DuldI Gai1or, MI. II, 65.00 85.00 10000
071 Lome Chabot (Gl, MIl. 200.00 30000 400.00 0 Joe lamb. 80s. 15.00 22.00 30.00 0 PluI Haynes, MI. M. &5,00 85,00 100.00
072 Syd HOWl, 011., RC 200.00 300,00 ,600.00 0 Widor LarocheHe. MU. 15.00 22.00 :Kl.00 0 Gus Marktr, MI. M, 65,00 85.00 100.00
0 pn Lepine, Mil. 1500 22.00 :Kl.00 0 Batty Norlhc:oa. MIl. M. 80.00 100,00 125.00
1933 . 34 ICE kINGS PREMIUM 0 JId< Leswidc. CIi. 15.00 22.00 :Kl.00 0 Earle Robinscn, MI. 1.1, 65,00 85,00 100,00
The IoIIowing six cards all! write-in oilers ~om !he Ice Kings WIIppeIS. 0 Georges Manlha, Mfl. 20.00 :Kl.00 40.00 0 Hooley Smith, MI. M. 115.00 lSO.00 115.00
Card SID: r I I' 0 SyMo Manlha, Ma. 25.00 35.00 50.00 0 DIVI TlDflier, MI. M. 85.00 85.00 l00.1lO
feet: SIectlIlld whI1t; Name 0 Mush March, CIi. 15.00 22.1lO :Kl.00 0 ..hny Willi, WI. 1.1, 15,llO 85.1lO IlXl,110
BacIc SIII* 0 Ron Marm, NYA 15.00 22.00 :Kl,OO ' 0 Cr WIIWIor1II, MI. II. 80,00 100.00 125,1lO
~NanI 0 Charley McVei!;I, NY A 15.00 22,00 :Kl.00 0 III Cook, NYR. 115.1lO 210.00 2SO,110
IIIdImpIion StI (6 cardst, 1750.00 2600,00 3500.00 0 Howie Morenz, MIl. 25000 375.00 500,00 0 FIId (Iltn) Coot, NYFi. l1S,OO lSO,OO 115.00
No. PIIyw YO EX EX-HRUT 0 John Murray Murdoch. NYR IS.OO 22.00 :Kl00 0 1m (Cling) JcInon, NYIt~ 115.00 15O.Q1 . 115.00"
.01 FIWlCis IK"1l!I) Clancy, Ter. 6llO.00 900.00 1.200,00 0 Harry orl'lll, Boi.:'" 25.00 35.00 SO,OO 0 OM KeIr (G), HYR. llO.oo lt5.llO' 140.00
02 Hip Oar, Tar. 125.00 185.00 250.00 0 George PanllSOn, NY A 15.00 '22.00 :Kl,OO 0 Francis /Kilg) DIlley, Tar. ..00 4SO,110 550.00
"03 AIriIe JoIiaL MII.e 500.00 750.00 1,000.00 0 Hal Pickens, NYA 15.00 22.00 :Kl,OO 0 Charie Conacner, Tar. 325.1lO 41S.00 500.00
04 ttlwie Morei1z, MI.e 1.250,00 1.85000 2.500,00 0 Vie Ripley, Bos, 15.00 22,00 :Kl.00 0 Red Homtr, fer. 115.00 145,00 175.00
OS N SNeIdI, oa. 100,00 lSO.OO 200.00 0 Doc ROIMIS, eN. 15.00 22.00 :Kl.00 0 HIIwr Jadcson, Ter. 111.00 IllO.oo 225.00
08 HoaIer SmIIl, MI.M 125.00 185.00 250.00 0 JaImy Sheppara, Bas, IS,OO 22.00 :Kl,OO 0 Joe Prinuu, fer. les.ao 210.00 2SO.00
0 Eddie Short, 80s. 100.00 150,00 200.00
0 Art Somer1, NYR 15,00 22.00 :Kl.00
1933.35 DIAMOND MATCH SILVER SERIES 0 Oris Speyets, NY A 15,00 22,00 :Kl,OO 1935 J, A. PATTREIOUEX LTD.
0 Nell SIewIr1. 80s. :Kl.00 4S.oo 60.00
0 TII'f Thompson (G), Bos. :Kl.00 4S,OO 60.00 SPORTING EVENTS AND STARS
0 Louis Trudel, eN. 15,00 22,00 :Kl,OO
0 Roy Worlers (G), NY A :Kl.00 45.00 60,00
1934. 35 SWEET CAPORAL PHOTO .
l ~. ,..... J T1Is 96-card set leaUrls orIy lwo hocby canla.
Th1i hl issue has a siIvIr finish wiIh 91l1li CInI SizI: 2' 13'
and bIadt ... running YelticaIy on III fE;"g~ Feet: BlIctland wIIIle p/IaIo, whit. bonIr, TIIIt
IlIIlIidI 01111 aMII, The booIc cover has ~:.-::::.:-::: " BlCt BlICk on W1lIIt c:mIlIDck; Namt, Humbtr, RtsUlllt
-..---....-
a pIayw'. porlrU witllhe bac:Ic giving III ==:::::.-.=:.-= Imprlnt: SENIOR SERVICE, JUMOR MEIIBER, II.1,lNGWORlH
-....---..
pIarIr'. /IIIInI. The back CMr is black j;-",E-"E_-:'"'!E No. Playtr VII .EX EX-HRUT
;.:::o'::::"-:-:.1'=.
an""", ~c;~:~'7 031 Ice Skali1g . Ice HocIrIr 10.00 20.00 4(1,00
-~~- 089 G. A. Johnson, MnI1IIlIr 10,00 20.00 <<),00
----- -
CII'd SizI: lll1r 14 trr
Fa: Slack IIId WIIIlI wiIh vlrioua 1wo colour bordIrs; Nlrne; Tum; - fp \:i~
'WIlT ;...... ),
PII:bn _~~AL .. ::'::.. . 1935 TORONTO CONVENTION
lack: IlIacIr IIId lIhIlt; Slack ICript on Ilg/llaktlc:htd hock'r Ictnt AND TOURIST ASSOCIATION
on Ihlct Clrdllaclr
~ THE DIAMOND MATCH Co. N. y.c. These jIhoIos were i1set1s in tie MonlrNl FOIIII1 game programs. A JiIoIo elnl SizI: 3 112' I S 3/1'
CompIttt StI (10 Clrdat, 1000.00 1,500,00. 2,000.00 was inse"ed In Ihe horne game programs ollhe Canadiens Ind lhe Fact: Colouriltd print, whIlt bonItr, canllloct
Comman PIIJIr. t 5.lIO 22.IlO 30.00 Mtruana. Bact Poalcard Ionnat
/IIayIr va EX EX-NRUT Pholo SizI: 6 711' I 9 1/2' Imprint: 1010II10 CClIIYIIIlIon IIId TouriIl ANn.
0 CInra Abel. at 15.00 22.00 :Kl,OO Feet: Four colour No. T.lm va EX EX-HRUT
0 Mart( BarIr, Sol, 20,00 :Kl,OO 40,00 Bect Slick on white card .lock: Name, Reaume, Frtnch T.1t 035 ~ Lea' Hoekty CUI Arena, 12.S0 25.00 50.00
0 .lICk BuIlt, 80s. 15.00 22.00 :Kl.00 Imprinl: IMPERIAL TOBACCO COMPANY OF CANADA, UMITED T 0IDI1I0, 0riIri0.
0 Frnllouchar, NYR 2$,00 35.00 50.00 Complete Sel (" Clrd.): 4,250.00 5.soo.oo 6,500.00
0 Doug Br".." NVR 15.00 22.00 :Kl.00 PIartr YO EX EX-HRIIT
0 BlIlrydge, NVR IS,oo 22.00 30,00 0 Edcie Shore. 8oa. 425.00 540.00 6llO.00 1935.36 AMALGAMATED PRESS
0 Edlie Burke, NVR 15.00 22,00 :Kl.oo 0 Babe Siebelt, 80s 135.00 165,00 200.00
0 Marly Burke, MI. 15,00 22.00 :Kl.oo 0 NtIs SIIWIIl. Boa 235.00 290.00 350.00 CHAMPION MAGAZINE
0 Gerry Carlon. MI, 15.00 22.00 :Kl.oo 0 rilly Thompson (G), Boa 150,00 1 llO.oo 225.00 These postcards WIll issued IS haer1s In I magazine P\ilished i1 GIIIl
0 Lorna CIlabaI (G), MI. 25,00 35.00 SO,OO 0 Lome Chabot (G). Chi. llO.oo 110,00 135.00 Brillin and diSlrlluted in CanadII during 19351nd 1936. Paper storavt
0 Art 0\apmM, 80s. IS,oo 22,00 :Kl.oo 0 Mush March. CIi. . 80.00 100.00 125.00 pouches were availlble from tie 1IIIgaZInI,
0 Oil CIappar, 80s. :Kl,OO 45.00 60,00 0 Howie Morenz. CIi. 525.00 675.00 800.00 Poalcard SIzt: 4' I"
0 LiDnII Canacher, at 21,00 40,00 55.00 0 Larry Aurie, Del. aI.OO 100.00 125.00 Fa: StpIa
0 ~ (Red) Ccm. NYA 15.00 22.00 :Kl.oo 0 Ebbie Goodfellow. Del. 115.00 145.00 175.00 Sack: Posleard bacIr
0 BI Cook. NYR :1),00 45.00 60,00 0 HeIbie Lewis. Del. 65.00 65,00 100.00 Imprint: NanI
0 FIId (Iltnt Cook, NYR 2$,00 35.00 50.00 0 Ralph Weiland, 011. 135.00 165.00 200.00 Complelt Sil (10 poateardJ): 1,100.00 1,650.00 2.200.00
0 Tom Cook. at 15.00 22.00 :Kl.oo 0 Gerry CaI5Ol1. Error (Jerry). MIl. 65.00 85.00 100.00 Playtr \ YO EX EX-NRMT
0 Rosario lLdo) CoutIn, eN, 15,00 22.00 :Kl.oo 0 NeIs Crulchfil!ld. MU. 65.00 85.00 10000 0 Marly Bany. Ilea. \ 75.00 115.00 15O,llO
0 Bob Oa\1e, 80s. 15.00 22.00 30.00 0 Will Cude IG). I04Il. 80.00 100.00 125.00 0 Franas /Kilg) Clancy, Tor,' :m.00 4SO.00 600.00
0 CecI DiIon, NYR 15,00 22.00 3000 0 Roger Jenkins. M" 65.00 85.00 100.00 0 Charlie Conacher, T er, 225,00 340.00 4SO.00
0 OW 0u60wsId, NYA 15.00 22.00 30.00 0 Aureie Jo/ial. Md. 3651lO 4SO.00 550.00 0 Fred (Bun) Cook. NYR. 125.00 185.00 250.00
0 Red DulIan, NYA 25.00 35.00 5000 0 Joe l.anm. MIl. 65.00' 8500 10000 0 Bit Cook.,NYR. 15000 22S.00 300.00
0 .IoIIrIIIy Ga,1on, MI, 15.00 22.00 30.00 0 ~ Larcd1elle. MtI, Error tvlCtorl 65.00 85.00 100.00 0 Aur. Jaial. MH. ~ - 25000 375.00 500.00
0 CIu:k GardIner (G), ChI, :Kl.00 4500 6000 0 Pij Lepine Mtl. 65.00 85.00 100.00 0 Reg Kelly. 1 er. 7500 11500 150.00
0 JoIrl GoIlsIIig, CIi, 15.00 22.00 30.00 0 Georges M,nlha, Mil. 65.00 8500 10000 0 Mush Marth, Chi. 7500 ~~2 ~.OO
0 Bob Gracie. Ilea. 1500 22.00 3000 0 Syfvio Manlha. MU. 115.00 14500 17500 0 Sweeney Schriner. NY A.
0 UOydGross. NYA 15,00 22.00 30.00 121li'9 .00
0 Jack McGiH, Mil 65.00 85.00 10000 .0__ )1001" .sm~~,M"o 12500 185.00 250.00
.
.
~ '16 . THE CHARLTON STANDARD CATALOGUE OF HOCKEY CARDS
1935.36 AMAlGATED PRESS
mlUMPH MAGAZINE
These poslcards wete ISSUed as inseI1s in . magazine published 1I1 Greal
Britain and diS1nbuled in Canada dUring 1935 and 1936. Paper slorage
pouches wete available 'rom the magazi1e.
Poslcard SIz.: 4' II'
FICt: Sepia
Back: Postcard bacll
Imprint: NON
Complet. Set 110 poslcards):
PllIy.,
lilneI Cooadler, MI.
Harvey Jadlson, Tor.
1m (Ching) Johnson, NYR.
Htttlie Lewis. Del.
S~ Manlha. loti,
NidI Melz, Tor,
8aIdy Northcoa, MlM
EdcieShort.BaI.
Pu Thomson. Cti.
Roy Wortef1 (G), NY A.
o
o
o
o
o
o
o
o
o
o
100,00
YO
200.00
150.00
125.00
75.00
100,00
75.00
75.llO
!Xl,OO
75.llO
125,00
1,200.00 1,600,00
EX EX.NRMT
!Xl.oo 40000
225.00 300.00
1115.00 250,00
115.00 150,00
150.00 200.00
115.00 150.00
115.00 150.00
450.00 600.00
115.00 150.00
1115,00 250.00
1935.36 O.pEE-CHEE SERIES .C.
TIIs senes shows the pllyer'SIllllllrn8 CIIIthelaot ollie ClIld and mayor
Il1Iy no! show II1e iMiIl ollie playe(. fill I111III.
ACC He.: V304C
Catd SIza: 2 W' 12 7,..
F.ct: BIICt .nd whll. colour b.ckground, grtlll, or.ng., y.llow,
pink, bordtrlta; Nan.
BacJc Black on CIIlIllock; N.IIII, RIIlllllI, Bilingual
Imprint: None
Compl... St1 (24 canII~ 1,7110.00 2,500.00 3.300.00
No. P1Iyw va EX EX-NRIIT
o 73 WI! Cudt (0), MII.e, RC 100.00 1511.00 !Xl.oo
o 74 JIck Md:l1D, 1llI.e, RC 7a.OO 100.00 140.00
o 7S Ruu BAnco, 1oI1l.M, RC 7a.OO. 100.00 140.00
o 76 Hooley SniIh. MI,M 140.00 210,00 275,00
o 77 HIIbtI'I CaIn, MII.M, RC 10.00 135.00 175.00
o 71 Gill...., MIl"" RC 70.00 100.00 140.00
o 71 Lynn P.1rIck, HYIl. RC 200.00 300.00 400.00
o ~ JoImy GollseIig, Qi. 90,00 135.00 175.00
o 81 /.Wly BaIlY, Del. 150.00 225,00 Dl.oo
o 82 S)'Mo Manilla, MI,C 140.00 210,00 275.00
o 83 BII HoIItII. Tor~ RC 70,00 100.00 140.00
o 84 Nick 1Ie1z. Tor~ RC 9O.llO 135.00 175.00
o 85 BI ThomI, Tor. 90,00 135.00 175,00
o 86 Hec Kilea.1ltI. 70,00 100.00 140.~
o 87 Reg KaIIy, Tor. RC 7a.OO 100.00 140.00
o 81 All Jackson, Tor. At 70.00 100.00 140.00
0" AI Shlelcls, MIl"', RC 70.00 100.00 140,00
o 90 Buzz Sol, Tor, 70.00 100,00 140,00
o 91 Jun Puslt, MII.C, RC 70.00 100,00 140,00
o 92 Rog.Jrihs,SoI.,RC,EIT(RognI70.00 100.00 140,00
o 93 A1I Coulltr. eN., RC 150.00 225.00 300,00
o 94 An Chapman. NYA 90,00 135.00 175.00
o 95 Pal./ Haynes, MIl.C 70.00 too.oo 140.00
o 96 Leroy GoIdSllOlthy, MU,C, RC 90.00 135,00 250.00
o 119 Cy Wenlwollh
o 120 AI Shields
o 121 Jmny Wild
o 122 Billlevendge (GI
o 123 GeIIy Shamon
o 124 Des Smih
o 125 Annand Mcndou
o 151 MoolTeaI Les Canadiens 1938.39
o 152 Herbel! Cail
o 153 Bob Graa.
o 154 Junrny W.n!
o 155 SIIWIIl Evn
o 156 Louis Trudel
o 157 Cy WlIllworlh
o 195 Marty Bany
o 196 Earl FlcJtnon
o 197 RayGtlilll
o 198 CNttit Sands
o 199 Claude ~ (G)
o 200 0cugIas YMg_ _
o 201 MonrUI Les Canaliens 1939-40
o 1936.37 J.b1treal Matoons
o 1S35 . 36 Montreal Canalians
o 1936CanacUn~T8IllI
1935.40 CANADA STARCH CROWN BRAND
-; "
The canis in Ihe blI1h series .11 cie-aA. 8Iowilg lie CMi ~ be tiIIl~.
hy aJUId stand on end. The canis .. black and lltiII wit .1hwi1~'
mock game in th. background, Th.s. cards Ihow only lilt pIaJIl'I
SlmIItI'It on lie fact ollhe ClIld. This is Ihe mosl VliuIt*.. II"'"
because Ihe cards .r. YelY difl'1CUIl1o find unpopped.
ACC No.: V304D
en SIza: 2 W' 13'
Fa: DiI Cut, Blick .nd whH.; NImI
Back: Black on whit. card .Iock; Number, RtlUIIII, BIIngUII
IIIIfIIinl;None
Complel. St1 (31 canll~ 7,200.00 9,100.00 12,5ld
No. Player YO EX 0- -
o f7 TlIk Broda (GI, Tor. RC 450.00 m.Oll '::
o III S~ Schriner. NYA, RC 275.00 371.00
o 99 Jadl S/jI. Tor.. Re. LC 110.00 155.00 ::
o 100 Boll D.vldlOll, Tor. RC 150.00 200.00 "..
o 101 Syl Appa, Sr ~ tor ~ RC 425,00 510.00 _
o 102 Lionel Conacher, UlI.M 325.00 465.00 .. .
o 103 Jimmy Fewlef, Tor. RC 110.00 l55.DO ..'
o 104 Allin Murray, HYA, R~\ 110.00 155.00 mJt .
o 105 Nil Colville, NYR, RC \ 275.00 371.00 ..
o 106 P.uI Runge, MtI.M, RC 110.00 ISS.Oll 2511
o 107 Mike K.rak.. (G), Chi, RC 150.00 200.00 ..
o 101 John Gallagher. HYA, RCl 110.00 155.00 ..
o 109 Alel Shlbil:lIy, NYR, RC ~ ~ 110.00 l55.DO seo .'
o 110 Herber! Cail,. MII.M lSO.OO 200.00
o 11 I Bi. Mackenzie. MII.C 110.00 155.00 :=
o 112 H., Jackson. Chi., RC. LC 110.Of 7~" 0 ~ .
o 113 An Woebe, Chi.. Re. Err (Weibel 110.00 1~.lJd
---
,.f. ." 'f'.:'
2.300,00 4.soo.00
25.00 so.oo
EX EX-NRMT
40.00 75,00
40.00 75.00
30.00 60,00
25.00 50.00
25.00 50,00
25,00 50,00
25.00 50.00
25.00 50.00
115.00 225.00
25,00 SO.OO
30.00 60,00
25,00 SO.oo
25.00 50,00
35.00 70.00
25,00 SO,OO
35.00 85,00
40.00 80,00
60.00 120.00
. 25.00 50.00
40.00 75.00
25,00 50.00
25.00 50.00
150.00 300,00
150.00 300,00
150,00 300.00
25.00
30.00
40.00
25.00
25.00
30.00
5000
5000
60.00
30.00
50.00
350.00
115.00
30.00
3000
30.00
30.00
3000
30.00
50.00 .
60.00
75.00
5000
50.00
60.00
100.00
100.00
120.00
80.00
100.00
70000
225.00
60.00
60.00
60.00
60.00
60.00
60.00
WIflIhe su:cess ~(Ihe Bee Hive prorootiCIII, Canada Slart11 WII ~
inlo ac1ion. They soon joined the wriIe.jn ~ ~ game. The
photos issued by Canada SlalChn d Ri:e 01 Rice ~ Iron the
Rice Sludios 0/ Momg,
Photo SIza: 4 1/2' I 7314'
Play., Photos with mat 1314' 11314'
Tum PhoIOI: 11/2'14314'
TIIIII PhoIOI with mat 10314'11112'
Alto: 7 314' I 5', wiIh mat . 314' 11112'
Face: Black .nd whllt on aepll; F.ca/mIIt .utograph, Number, Wrftt.
In pttmlum redeemabft with proof 01 purchll..
BIck: BIanII
Imprint: None
Complele Sel (68 pholOl~
Common Playar:
No. Player
o 49 Mantreal Maroons 1936-37
o 50 Montreal Les Canadiens 1936.37
o 51 BalclyNor1hcolI. MI. lot
o 52 Dave Troltier, MI. 101,
o 53 Russ BrIl1CO, MI. 1.1,
o 54 Earle RoIinson, MI. 1.1,
o 55 Bob Gracie, MI. M.
o 56 Gus MWr. MI. 101,
o 57 Howie Mlnnz, MI. M.
o 58 JoImy Gagnon, MI. M.
o 59 WIt Cude (G), MI. M.
o 60.. Georves ManIha, MIl 101,
o 61 Pili Haynes. 1.11.11.
o 62 Mally Barry, DtI.
o 63 Pelt Kelly, 0eI.
o 64 Dave Kerr (G)
o 65 Roy WOI1IIs (G)
o 66 Ar>> BaiIty, TOI,
o 67 An L.sitIr
o 68 Frank Boucher, NYR.
o 69 Marly Burke, ChI,
o 70 AIel Levinsky
o 71 The M.pIe Leal Team of 'F.1her
Levesque's Pewee Hockey W'
o 72 Sir SillS 01 'F.1her Levesque'.
PeeWee HoclIey CllAI
o 76 The "Canadien'leam of 'Falher
levesque's Peewee HoclIey Ckb'
o n Slewal1 Evans, MIl. M.
o 78 HtIbeII Cain
o 79 Carl Voss, MIl. M.
o ~ Roger Jenkins
o 81 Jadl McGiI
o 82 Mush MIlCh
o 106 Moolreal Marooos 1937.38
o 107 Manlre" Les Canadiens 1937.38
o 108 Toe Blake
o 109 JoItre OesielS
o 110 Babe Siebert
o I 11 Frlll:is (King) Clancy
o 112 Aur!ie Jolial. Error
o 113 Wall Buswlll
o 114 Bift MacKenzie
o 115 /'it l8pine
o 116 RedGoupille
o 117 Rod Lorraine
I 0 II 8 Polly DroUtn
1936 REEMSTMA OLYMPIC ISSUE
GROUP 53, 54
Catd SIza: 2 314' 14 1,..
Face: BIICIlInd wIII1t, whftt bordIr
Back: Blick .nd white, GtfIIlIIIlell
Imprint W,"", Wtrb .Ind In Yorborailung
No.Sctnt va
o 36 T _ Glial BrfIaIn 25,00
o 32 USA VI, Germany 50,00
o 38 Gustav Jaenecke 25.00
o 39 T et Honn 25.00
1936.37 O.PEE-CHEE SERIES 'D'
35.,.
~IID
~., .
35.,
~.
~.
~..
70.
40.
35!ll
35.,
35.
35.,
45!ll
SO!ll
35.rAl
35.Q1
4O.Ql
35.rAl
35.rAl
1O.QI
SO.Ql
SO.QI
45.OIl
., M1kl 8"1.'
'1.11" Writ.
:ioIII may .haw cbaDpd, but
me lbould be Ihe same. 11Ie
lIS, ~il bI WID" IIIlI
....i.
',: .~.: .~,. "': '.=.' . :,;~' :~~.~ ~~tjfis-?~~~~~;[:~;.':~~~~;:,
[peet Stars'to.shine 'b.rightly again in'regular':~$ei~qf1.
Colondo Ava1aDche.,.the IUllllIO Patrick Lalime, 0: Jim McKenzie. 100. Bamlaj ipesdoa an left HDlllIeJ,D; Sine. SIlIiaa.:.,c;,icea
beal in the Well HeR, in a1pbabelical L W; F~ OJausson. D. Key dep.r. winler Paul Kariya make . successful W~IIel, O. JC.J. depi!rtarW JIIIIllI
order, ill brief100k .ube 13 Walenl bins Mibel ShLalenkov, G; Scon mum afte{ missinl mosI of IUl yar PIdrick. D; Germaa'l1lDY, LW: RIck
Coofamc:e IaIIIL V_I, RW. 00_ denJop- with poII-eoDCIISlioa .yndrome7 T8buKd, O. 011_ denlupo
An8heIm Mighty Ducks. , meal Piem G.uthier reIIImeCI u IeaIII Calgary Flam.. ...... ~ .- CGDIr8d far 11Ieo
JC.J umu KeYia Haller. D; presideat, theD UIUIIIed GM'I job, Ite" uri.... Bob BUSCII, C; PbiI ~ ~ ~ !be end of. !he IiDe
. Cor biJIllD c:.Jpy. BIIIIIIq qatIIiaa
b . -complele ovabauI iD the offiDa if
lbe FIameI miII'!be plaYoffs for .
.IbinIIlriiPi yar7 .
ChIc8go BI8cIchftIaI .
. K., uri.... PIIII OilJey. D; 000,
GllmoIir. C; Ed Olczyk. LW; Doua
.~ . D, K., deplUtvw- Olea
JoImIcII, C; Serpi KriYObuov, RW:
BI'CIIf SlIlIcr. C; Gary Siller, D. QIf.
_ deftIopmeat 11Ie ol(aue-
cbaIIeDpd Hawb 0lIlbid modlen for
pJaymakiq cenIa' GIlmoar. BlII'1IIaa
....... WDJ vetenn 0IriI CbC1ioI
rebouad from ID off-y""
. CoIonIdo AVllIanchI , .
i:e, IiItnII NODe. K., .......,.
'1anI Tom PItzpnId. C: UWe Krupp.
D; JId ICuai. RW. 011_ dneI-
..~ 'I1ie AVI' ud ciJICb Mart
c.aWfanl .pm . compIIIJ. BlIl1IIDa
~ CID _ coach BOb HartJey
Jftaibc life bet iDID dtII tiIeuIDd
.7 .'
. o.ttU Sima .
K., IU'I'tYJds TIlIIY Hrbc. C: BnlII
Hull; RW. K., deputulW' <hi
Adami, LW; Bob BUIelI, C; BcnoiJ
Hogue. LW. 011'.._ denlopnaeat
The Sian 10 for broke by liminl free
apaI BnlII HuD. BlII"IIlq fIlIlSdaa
Do the free.spendina Stara ftuUy
line' ~ 10 dcIhrone the Red
Whlp7" ,
I;IetroIt Red WInge .
Key ant... Uwe Krupp. D. Kej
depm1arw Slave FeliIOV, D; Dmitri
Mlroaov. D: Bob RllUIe, D. 011_
_ dneJopmmt Fnc lIem cJeIeme.
- Krupp improves . Uady
IIronI cJefenae. 8unIbia qaesdaa
How Joaa wiD ScOfty 80_'. heart
c:oaditioa keep him out?
.
ISTIAN SPORTSCARDS PRESENTS ANOTHER FANTASTIC HOCKEY AUCTION
_ ... 1.10'-
:-_-'_....1-._- ... ~ ..~.:..:,-_II._-
...--_....__ - III l_IlIIo'-t_mWlll*lglanClll1l*
... -"........... w..ICJHAJ.....- <' .... -.... .
.. III I_"~_I1'__
1Vl1oIIIlr..,..... ...Itl..... _ '..... -....
........, - ,. '__'__111__
ICloo~_I2lI""'_""'_ ..._..... _1lll0
.., _ II. ,. l....a.m,~lIlInl_......__..,..J'1D
11..,..'__".....''''_.... . 111 l~'___n........~
'lIP' ... , .... - ...., . I2IID
lla1y....,_"......c:.....,.... 112 I...._'__".La'....._...._..,...
l1li' . ..... 112 IIIIlI~___I4'_....1-.
............._m'_...LIIlI. ....._.... "is
...... . . -,... I...LinY"""""...IM'_....LIIlI
.......J.,.....,.......c.-..... .:.. ...........,....
.., .. ,. .. - '. . J' :... ,. . ,...'_......... _ n -...,.,...
......,__til2.......""".... .'.'L. : ...._...., . ., . .. :"1I"lIJ
.... .' "." .;,,'C. .....)"... "....: .,.,.I-.w......__m..-........ . ,
...CIIII........IIli"~..-.... .,:'-: _." ,.,.. ...._...., .......,. :,.... .... .. J..
...... '. . ..,;. ..' . ..."~_.,;....J..,.:. '1Il l-.w...__I2IIl1111........_""".IIZI
........._"........_......, .. '.' ~ '; -,. .,-.wTII_Izt'........LIIlI_-....--S3llO
..., . ........ ,...,..,..._......".__ '
"'-.v..-.- 1fT.... _ ....,-PI. ..; ...._...., , ." .. .. -'. ...,
.,-..._n__....-aa .'" ....,__1*-._134.....''''_ .'
IO'.CIlI~_"____...... :, ...-,..,;., . '....." . '~11
10'.___"1__.... ...." .m~c:..__'ljlIr...I2I_....i_PO
.... '.' . . '. '. . -' 'm c..o..___.....~ . .
IO'.~v..DloJ...Izt__lIIIIi . ._......,_... .. , 1100
......... . -..hi ~__"'....hn.........-__-I5O
..c.___._twoolI......,. :'.' .n. __....m....''''........-...._
......., . . - .,. m. ....__..-...... - '. pi
10'._ o,..._Itl__..... -J1I ". ---_Ionir 1311
IO'._...._n__....--IlI m '_-,...m_ ~""*"""" ---'lOll
lO'.y__..m___ . m ...__1I1P1l11do1p1io...._iOIIIr_.I11
......... .. m W__IIC _ _..-.., __PO
110'. _.., 1. __ _ "",,_-.... -PI ,. 1Iloo...._ IM_ _,._,...., ...-S50
0"""__""-....... '" u-_...._..... .....
"IMOY - 112 11oo_'__....__....___.I3OlI
1III'.__..."'........c.- ' III ,.,CtIIIy_'"'__.... .1100
-IMOY ... III ..,.,__.........._-..._~100
1III'...OIlo_IztClllooJ___....,.,. ,. ..,.,__..,.,..._----S15O
1III'.___I2II~_ . . ,. R...__..........___ --I11D
... IMOY - .,.. III JJ. __ _ - _ _ . .PO
'......IIoInr_"I............ ,. -~_--- .PO
........, _. ,. ___-----_1311
~o___I1l_...... lit _-'_-liiio- ..111
......., - 111 1IIr......_---_ ..11$
1'''''__IlI~_ III 0In0__--______..s50
_...... .,. III 12"'" c......... _..... PhI hpoolIo _ _ _.
U...,__III...__..... 1nI_" ...
......., ..... 1M n./IMy_-IlIIo- ..S3Il
IIoIIIlr 1loIII.. "u.. _.... ,. DIlI9 _.... _"'- _ _.ISO
-IMOY l1Ii ,. I/lIIKna__VlcUl1rl_ . _1311
1__""__ If1 __...._~_ --S1111
_....... .... ,.... _ _ _ _-w... _ _1311
I~__n....:r"'~ 'IIO ____----.__-130
"'IMOY .... 1100 __...._l1IIn____._...S3Il
:::_111.-...... ". ~: ==::::::: '::~----:.!.."'::".::
I__....m......c:....., I1a _'-_c-_-- _._.1311
:=-'__III'_....lIIII .,.~: ===-.::::=":._.....:.~::
_...... ..... "11 _ ~__---.......__...;..___SIO
100nll_...121'_..........._ 1101 _.......... _CCIl____._...S3DD
_ ...... I2IID "ll lMy _ _ _..... _ _...s15
0'.__.."'......_.._ 1101 ....__-~---__,___.J1I
_..... ~I. ",0.......... _---w.......... ___..__..PO
1_...._"......__ 1111 ___-__ __....15
lIIll...... . . ... ;111.,. ,,_ __ K"""_ _...I7'l
OKolllcw..,IIIuIII_IIIns__IMOY_JIII 1111 _Y1____Vlc_ _..........11111
01...1lIy....'Z7_.....__.....__ 11141loy-._-V-__-.___.J1OlI
0_ __,.~_ 1115 lt1.,-CIl_ " __......_..........120
......... _.II. 11111.._DH_..__......__,..._..........1IO
oOonllIrdll_m 1II MIIoIQItI "11 1127-2.010II__ 111m ________.....111
lIIlllMOY . --". "" lm.IU11:15-31-.r___......___.......$IO
0""'__121__'" '11' llZt-:IOIloOaIc:a.p..__-.,.._...._......PO
.... """_______.l31li 1110 llZt-:IO_.. _.....,_ .....___.....__120
DDM/IitMI-III__... 1111 laHI__._V..._,,_ ........PO
-IMOY '111 "II la-alOonlIlllWlnp.___............SIO
D _ _...".........,_ liD IIM-a",-*,_. _ _ ,,_ ......_._IZD
_.....,._ ..... III' '.._IlIIY/InII.'__WlI'.....,C..
II ,.,~_m__ __....... _.-'____.._..__.._....110
.'" "1I1"_~.'''''_''''''IInIIyCtlp
......
1.10_' ..
,,:1:1 l_~____l:IilIOD_
___""'____ -
'III IIII-C_..III_....c:._.....
~ "-" _ ".
1135 llU4J . ll1H1Q11caoD __......___
1I.1I1H1N11.__-......... ....
'1'1 IcIIlIr On......lIo........ .....
". ",..7I~CIIy....___.._--S1.
11. . _1111_ ~ ............. .
. __&9lIll......---__
,.,....... - ZIIgIIr ....
1140 t.pDaololl11 IIrldTCIDIo_....____
::: =--=..:::.::- ~.. . ::
1113 IfCNllllo__.._'.'.. , .,.
1114 as__WInIo _.._ .,.
.1111 ..___.._. .. .. '1.
fl. 11....''''........_..- ""~,".. "11.'
1141 .1T__u.._.._.... ",:' "-'. 11.
.,t41 .____... - P
11. ._...''''_........_ ',. -.
'lID _......."""......."" . - -
1111 __.._T......~ .. '. ....-
.IlSZ IIIHI__-.... .. . ...
1113 1154-15 _.........-.... . -
'114 ,__.....-.. .. ", ....
'I. f".I1__....,I........fIo\iI..... . . II.
'I. ,.,.11_.....1__..... '.. '11
'117 1111011_....._"'... ., . . ....
1111 13-14I...IIW._......_ .. .
m_~ll,'.I_ . . .,.~..."".;.,. ~ . -
'111 IIZ3-I4V.III_Clndrc:a_l1Il . 111
11. 111'-11 C-'" 0.......... .,_..,..,... f.o9_l7I
"" lIlIolSC'l41a.-Clp.-_IIgllIIarS...---S30
1112 !IZ..ZSY.l:1O......~_....11...._"'..12OO
liD Ivz..zn.':IO......C<1IpoIIo......_.........--I1I
"'" IIIS_~'_vt<<. '11
1111 Im.3. V.1S2 C41n.... _... .,....1 HOfIrI "'" ___
'1. lm-l4Y.IS2__......_...._f1..J1I
'117 Im.:IIY.__8........_\1941 ....
1111 ,_" y.__ _ __ an, '" 111
1111 lm...Y.III__a.tIoCcnolli", '111
1110l_..'.ZII____'" "t.
1111 Im...v.z1l_8___f -
1112 1m... Y.3OI01'C..... 'A~_ ....10_ "'~
,m ,_" HO. OI'C _"A'....... _"'---.1300
,m It:11.35 y.3OI OPe..... T _... ..-...; I/o-b -S100
1111 It:11-35Y.:lOlIJllC.....T_..11_81I._.IlI11
1171 Im...Y.I2I....._f pi
1111 Im...Y.I57__.......~...,._..._ll00
1111 I_..Y-I57__.","...lIIrf '11-
1111 II:I5.3IY.3OIOPC.....'C"I1_.. -
II. 113I.I1Y.:I5I___17_81I----Il.
11.1 113I-11V....___.lIIlI. fill
1111 11I1-31Y-3OI OPC..... 'f'8I1q...l_, 'l1li'"
-
~
-.,
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.....,
2. TlIIo................. III
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_ III. Od.11Il '" _ ...
01 _ .. .,........ .....
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-..-,.......
_wtl__
3. AlI___...-'
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SCHEDULE "F" - COD-069-08
Rey Sandre Productions
18 Dominion Rd Apt # 2
Etobicoke, Ontario M8W 113
(416) 255 - 9808
rsandre@rogers.com
June 5, 2008
The Total Hockey Collection Appraisal
The Total Hockey collection consists in large part of graphics, publications, collectible
memorabilia and artefacts related to the game of hockey at all levels. The collection was
purchased from hockey historian, author and Hockey Night in Canada and NBC hockey
television commentator Brian McFarlane. Over the years, Mr McFarlane has acquired
many of these items through his travels.
The inherent value can fluctuate based on the uncertain demands of the hockey
collectible market, including online auctions such as Ebay and the memorabilia shows
such as the Sports Expo held in Toronto biannually.
Most of the items have been well maintained and would obtain full value in the
collectible market based on the rarity of the item. The collection's value is limited to the
verification of the authenticity of some of the items (including whether some of the
jerseys are NHL game worn or NHL game used). It is for this reason that value ofthis
collection is a conservative one.
The entire collection is valued at approximately $60,175.00. The following is a general
breakdown with the values of some of the collections most notable items.
Jersevs and Jackets
Game Worn
Chris Kelly, Ottawa Senators, 2005-06 pre-season
RCAP sweater
Dallas Texans sweater, circa 1940
Becky Kellar's Team Canada jersey, socks and pants
Bykov's Russian League jersey
Brian McFarlane's various oldtimers jerseys
$ 750.00
$ 1000.00
$700.00
$ 400.00
$ 200.00
$ 250.00
Game Ready
Mike Bossy, New York Islanders
Tomas Steen, Winnipeg Jets
$ 500.00
$ 300.00
Questionable as to authenticity
Andy Bathgate, New York Rangers
Stan Mikita, Chicago Blackhawks
$ 200.00
$ 200.00
1799032
Replica jerseys
Autographed: Brett Hull (St. Louis), Pat LaFontaine (Islanders), Gary Roberts (Calgary),
Pierre Pilote/Jack Valiquette (Chicago) $ 1500.00
Bobby Orr, Wayne Gretzky, Darryl Sittler, Valery Kharmalov, Frank Mahovlich
$400.00
$200.00
$ 500.00
$ 500.00
Dawson City Nuggets - signed
Brian McFarlane -- Hockey Night in Canada jacket, shirt, tie
Various jerseys, jackets from events
Sticks
54 game ready sticks; some used (approximately $50)
10 autographed, various players (approximately $300)
5 goalsticks (4 game ready; 1 used) @ $100.00
Terry Sawchuk Red Wing team signed
Billy Nicholson 1902 Stanley Cup Final
Dennis Hull 1972 CanadalRussia Series team signed
2 airbrushed (one autographed)
Gloves/Blockers/Goal Pads/Hockey Ba2s
Ivan Irwin NHL gloves
Bobby Lalonde NHL gloves (2 pair)
Doug Favell blocker, shoulder pads goal pads
Gloves from various eras @ $ 50.00
Goal Blocker (2) @ $50.00
Goal catcher (5) @ $50.00
Goalie chest protector
Goalie Pads (3) (some NHL used?)
Kenesky made goal catcher
Shin Pads (6) .
Shoulder pads (2) (1 x Dave Lumley's pads)
Flyers #26 Equipment bag
Goal Masks/Helmets
1929-30 hand made mask
Gerry Cheevers replica mask
2 Hand painted masks
2 modem masks
Vintage leather helmet
Bobby Lalonde NHL helmet
1- T eck helmet
Total $ 7600.00
$ 2700.00
$ 3000.00
$ 500.00
$ 2000.00
$ 3000.00
$ 2000.00
$ 600.00
Total $13,800.00
Total
$ 500.00
$ 500.00
$ 1000.00
$ 200.00
$ 100.00
$ 250.00
$ 20.00
$ 500.00
$ 500.00
$ 100.00
$ 100.00
$ 100.00
$ 3,870.00
$ 700.00
$ 300.00
$ 400.00
$ 250.00
$ 100.00
$ 300.00
$ 50.00
1799033
Skates
Old skates (34) @ $50.00
Garth Boesch skates, Toronto Maple Leafs 1945-50
Doug Favell goal skates
Starr Skates in box
Pucks
NHL Official Game (9) @ $25.00
AHL Official Game (14) @ $10.00
Assorted variety (36) @ $5.00
Wayne Gretzky signed LA Kings
Publications
Hockey books, variety (47) @ $10.00
Programs, Guides, magazines (35) @ $10.00
Hockev Collectibles
Ice King Cards (13) @ $100.00
Matchbook Covers (10) @ $25.00
Beehive Photos
Hockey Cards, Phone Cards, Sticker Albums, Cutouts, Boxes
Total
Total
Total
Total
Graphics
800 photos various sizes/styles/mounted @ $20.00
35 framed photos, various sizes @ $ 25.00
15 framed lithographs artwork @ $100.00
9 cartoons @ $25.00
10 (approximately) autographed photos, various sizes/framed @ $50.00
Table top~ Board Games
Gotham table top game (1940)
Gotham push-pull table top game
Total
Total $ 2,100.00
$ 1700.00
$ 500.00
$ 500.00
$ 500.00
$3,200.00
$ 225.00
$ 140.00
$ 180.00
$ 150.00
$ 695.00
$ 470.00
$ 350.00
$ 820.00
$ 1300.00
$ 250.00
$ 150.00
$ 150.00
$ 1,850.00
$ 16,000.00
$ 875.00
$ 1500.00
$ 225.00
$ 500.00
$ 19,100.00
$ 500.00
$ 300.00
1799034
Munro Table top game (1950)
Faceoffboard
Ice Action Board
Roll'n Save Board game
Top Comer Push/Pull Table top game
Total
Miscellaneous
Tapestry -- hockey pond scene
Don Cherry ties (not used) 5 @ $20.00
Don Cherry cut-out
1988 Calgary Olympic Flag
Turnstile from Maple Leaf Gardens
4 Red seats from Maple Leaf Gardens @ $900.00
4 Blue seats from Maple Leaf Gardens (questionable) @ $50.00
Ace Bailey Maple Leaf logo crest
Crests, logos (7) @ $20.00
Banners, pennants
Record albums
Brick from Chicago Stadium
Peter Puck memorabilia
Miscellaneous: mugs, tiles, figurines, tokens, scarves,
contract copies, calendar, etc.
Total
Summary of the appraised collection
Jerseys and Jackets
Sticks
Gloves/Blockers/Goal PadslHockey Bags
Goal maskslHelmets
Skates
Pucks
Publications
Hockey Collectibles
Graphics
Table ToplBoard Games
Miscellaneous
$ 7,600.00
$ 13,800.00
$ 3,870.00
$ 2,100.00
$ 3,200.00
$ 695.00
$ 820.00
$ 1,850.00
$ 19,100.00
$ 1,400.00
$ 5,740.00
Total
$ 60,175.00
Respectfully submitted by Rey Sandre and Paul Patskou
$ 200.00
$ 100.00
$ 50.00
$ 50.00
$200.00
$1,400.00
$ 150.00
$ 100.00
$ 50.00
$ 100.00
$ 500.00
$3600.00
$ 200.00
$ 100.00
$ 140.00
$ 200.00
$ 100.00
$ 100.00
$ 100.00
$ 300.00
$ 5,740.00
1799035
· i
ULE "G" - COD-069-08
SCHED
AGREEMENT OF PURCHASE AND SAI&
TIDS AGREEMENT is made as of the 29'" day of October, 2003
BET WEE N:
BRIAN MCFARLANE ("Brian"), JOAN MCFARLANE ("Joan"),
BRIAN McF ARLANF;'S HOCKEY MUSEUM INC, ("M.se.m Ine, "), and
SPORTS FAMILY LIMITED ("Family Ltd")
(collectively the "Vendor")
- and -
TIlE CORPORATION OF TIlE MUNICIPALITY OF CLARlNGTON
(the" PurChaser")
WHEREAS the Vendor bas carried On the business of the display of hockey
memorabilia and of a hockey museum (the" Business");
AND WHEREAs the Purchaser wishes to p.rchase the Undertaking, property and
assets of the Business at present and heretofore carried on hy the Vendor and establish a m.s....
in the M.nicipality of C1arington (the" Clarington Hockey MlISeDlD");
AND WHEREAS the Vendor is desirous of selling the .ndertaking and
s.bslanliaJly all the property and assets of the Business under the lenns and conditio.. set out in a
letter of intent from the Pun:baser to the Vendor dated October 23, 2003 (the "Letter 01
Intent") .
NOW TIIEREFORB nus AGREEMENT WITNEssES that, in consideration of
the mutual coveuants and agreemeuts contained herein, the parties hereto COVenant and agree with
each other as follows:
Section 1.01 Purchased Assets: The Vendor hereby agrees to sell, transfer, assign and convey to
the Purchaser, and lI1e Purcbaser hereby agrees to purchase from the Vendor, for the Purchase Price
(as defined in Section 1.02), and upon and subject to the tellDS and conditiollS hereinafter set furth,
as of the Closing Date (as defined in Section 1.04) all oflbe Vendor's right, tille and interest in and
to the following assets, and no oth"", (COllectively lbe "Purchased ""sets"):
ARTICLE ONE
PURCHAsE AND SALE OF THE PURCHAsED ASSETS
1799036
2
a) the hockey museum assets of the Brian McFarlane's Hockey Museum Inc. ("Museum
Inc.") set out in the attached Schedule "1" List of Inventory dated July, 2003 (the
"Inventory");
b) the exclusive right to the use of the name "Brian McFarlane" in
connection with the operation of the Clarington Hockey Museum by the Purchaser;
c) assignment of the right to display in the Clarington Hockey Museum
items that have been loaned to the Vendor for display in your museums which are
identified as being on loan in the Inventory ("Loaned Assets");
d) Brian's assistance in setting up displays in the Clarington Hockey
Museum and in publicizing the existence of the Clarington Hockey Museum for a period
of 3 years following the Closing Date;
e) Brian's assistance in attracting appearances by well known current and
retired hockey players that would assist in establishing the Clarington Hockey Museum
as a significant tourist attraction in Clarington for a period of 3 years following the
Closing Date; and
f) a limited license from Sports Family Ltd. ("Family Ltd.") or
alternatively a direct limited license from the rights holder thereof to the Purchaser to use
of the name and image of "Peter Puck" in connection with the exhibition at the
Clarington Hockey Museum of the original Peter Puck films (copies of which shall be
provided to the Municipality by Family Ltd.) (the "Exhibition License") with only
nominal consideration being paid to Family Ltd. or any other party, (collectively called
the "Purchased Assets").
For greater certainty, the Purchased Assets shall not include accounts and other amounts
receivable or cash.
Section 1.02 Purchase Price: The purchase price (the "Purchase Price") for the Purchased
Assets shall be Two Hundred and Twenty-Five Thousand ($225,000.00) Dollars of which the
Parties hereby agree, Two ($2.00) Dollars is the consideration paid by the Purchaser to Family
Ltd. for the Exhibition Licence.
Section 1.03 Not used.
Section 1;04 Closing Date and Time: The closing (the "Closing") of the within described
purchase and sale transaction shall take place at a time mutually satisfactory to the parties at the
Purchaser' s Admirijsq-ative Centre, 40 Temperance Street, Bowmanville, Ontario, October 31,
. ., ' .
2003 or such other day, time or place to which the parties may mutually agree (M Closing
Date"). At the Closing, upon fulfilment of all conditions precedent, the Vendor shall sell and the
Purchaser. shall purchase the Purchased Assets for the Purchase Price payable under this
Agreement.
Section 1.05 Payment of Purchase Price: At the Closing, the Purchase Price shall be paid as
follows:
1799037
3
a) the paymenl of Twenty-Five Thousand ($25,000.00) Dollars by cheque made
Upon the acceptance of the Letter of Intent; and
b) the balance of Two Hundred Thousand ($200,000.00) Dollars by cheque On the
Closing Date.
Section 1.06 TuS!: The Purchaser shall be responsible fur all federal and Provincial sales
taxes applicable in connection with the sale of the Purchased Assels to the Purchaser inclUding,
Withoullimitation, any goods and services or retail sales tax. The Purchaser and Vendor will co-
opernle in filing any joint elections Or other prescribed forms, inclUding withoUllimitation, an
election under subsection 167(1) of the Excise Tax Act.
Section 1.07 Liabilities: The Purchaser shall nol assume or be in any way responsible fur any
liabilities Or obligations of the Vendor or the Business of any nature and kind whalsoever,
contingent or otherwise.
Section 1.08 Exhibition Licence-,- The lenn of lbe Exhibition license shall be effective
until December 31, 2004, bUI will be extended by Family Ltd. through the rights hOlder fur two
addit<<1nal periods of five years each making lbe Exhibition License effective until December 31,
2014. Family Ltd. undertakes to extend the license agreement with lbe rights holder of the Peter
I'Ucic copyright and possible trademark. Family Ltd. shall also undertake to keep its license
. 'agreement wilb lbe rights holder in good standing throughout the term oflbe Exhibition license.
In lbe event thaI it is necesswy to obtain any consent from the underlying rights holder for the
Exhibition licence, Family Ltd. shaJJ be responsible fur obtaining same. It is acknowledged that,
together wilb a third party group of Partners, Family Ltd. and/or Brian is currently in negotiations
wilb the owner of the underlying rights to Peter Puck. In lbe event that such group is successful
in acquiring lbe underlying rights to Peter Puck, Family Ltd. and/or Brian will cause such group
to: (i) grant an extension of the Exhibition License to the Purchaser for an additional twenty years
bringing the tel'D! of the Exhibition License to December 31, 2~ and (ii) negotiale in good
failb wilb the Purchaser an agreement whereby merchandising items (e.g. T.shirts, hats, photos)
manufactured by such group (or its designated licensee), if any, are made available to lbe
Purchaser at the best applicable wholesale price to be then sold at lbe Clarington Hockey
Museum.. _
..~
Section 1.09 Museum Assistance: Brian agrees to provide assistance in setting up displays in
' the Claringron Hockey Museum and in publicizing the, exislence of the Clarington Hockey
. Museum fur a period of 3 year. following the Closing'Dale withoul further consideration.
Section 1.10 Player A~oearances: Brian agrees to provide assistance in attracting appearances
by well known currenl and retired hockey players that would assist in establishing the Claringron
Hockey Museum as a significant tourisl attraction in Clarington for a period of 3 years fullowing
the Closing Date without further consideration.
1799038
4
Section 1.11 Survival: The obligations of the Vendor Or anyone of them as set out in Sectiom
1.08, 1.09 and 1.10 shall survive the closing of this Iransaction and continue as obligatiom of the
Vendor or anyone of them for the periods set out in the tespective Sections.
Section 1.12 Vendor's Deliverables: On the Closing Date, the Vendor shall deliver the
following to the Purchaser:
(a) a certified resolution of Museum loc. authorizing the sate of the inventory
being substantially all of its assets;
(h) approval of the Exhibition Ucence by the underlying rights holder thereof;
(c) the Inventory;
(d) original Peter Puck films in YHS format;
(e) bill of sale for the Inventory and the Peter Puck YHS' s; and
(t) assignment of the rights to the Loaned Assets.
ARTICLE TWO
REPRESENTATIONS AND WARRANTIEs OF THE VENDoR AND THE PURCHAsER
Section 2.01 Re resCOlatiom and Warranties of the Vendor: The Vendor herehy represent and
warrant to and in favour of the Purchaser as follows, and acknowledge that the Purchaser is
relying on such represenlatiom and warranties in entering into this Agreement:
(a) Museum Inc. and Family Ltd. are corporaliom incOlporated and existing under
the laws of Ontario. Museum Inc. and Family Ltd. have the requisite corporate
power and authority to own or lease its property and to carry on the Business and
to sell the Purchased Assets to the Purchaser and otherwise perform its obligations
pursuant to this Agreement;
(h) this Agreement has been duly authorized, executed and delivered hy the Vendor
and constitutes a legal, valid and hinding obligation of the Vendor, enforceable
against the Vendor in accordance with its tenos, except as enforcement may be
limited by bankruptcy, insolvency and other laws affecting the rights of creditors
generally and that equitable remedies may be granted only in the discretion of a
court;
1799039
5
(c) the execution and delivery of this Agreement by the Vendor and the
consUmmation of the transactions herein provided for will not result in:
(i) the breach, violation or tennination of any of the provisions of, or
constitute a default under, or conflict with or caUSe the acceleration of any
obligations of the Yendor under:
(A) any provision of the articles, by-laws or resolutions of the board of
directors or shareholders of Museum Inc. and Family Ltd.;
(B) any jUdgment, decree, injunction or award of any court,
governmental body or arbitrator having jurisdiction over the
Vendor or any of its assets of which the Vendor has knoWledge;
(C) any licence, penni~ approval, consent or authorization held by the
Yendor or necessary to the operation of the Business;
(D) any applicable law, statute, ordinance, regulation or rule; or
(ii) the creation Or imposition of any encumbrance on any of the Purchased
Assets;
(d) no bankruplcy, insolvency or receivership proceedings bave been instituted or are
pending against the Vendor and the Vendor is able to satisfy its liabilities as they
become due;
(e> the Vendor is the sole legal and beneficial owner of the Purchased Assets and has
good marketable title thereto free and clear of aU liens, security interests and
encumbrances of any kind or description. There is not now any basis upon which
any of the Purchased Assets might become subject to any liens, security interests
or encumbrances;
(f) there are no outstanding options, agreements of purchase and sale or other
agreements or C9mmibnents which have been entered into by the Veodor and
which obligate it to seU or encnmher any or aU of the Purchased Assets:
(g) - the Vendor has comp lied with all laws, statutes. ordinances, regulations, mles, and
. to the extent that they have knOWledge of them, any jUdgments. decrees or orders
applicable to the Business and the Purchased Assets;
(h) there i. no requirement to make any filing with, give any notice to or to obtain any
licence, pennit, certificate, registration, authorization, consent or approval of, any
1799040
6
governmental or regulatory authority asa condition to the lawful consummation
of the lransactions Contemplated by this Agreement. Except for the consent to the
Exhibition Licence, there is no requirement under any contract or approval
relating to the Purchased Assets to which the Vendor is a party or by which it is
bound, to give any notice to, or to obtain the consent or approval of, any party to
such contract or approval in respect of the consummation of the transactions
contemplated by this Agreement;
(i) to the knOWledge of the Vendor, there are no actions, suits or proceedings pending
or, after due inquiry, threatened against or affecting the Business or the Purchased
Assets at law or in equity or before or by any federal, Provincial, municipal or
other governmental department, court, commission, board, bureau, agency or
in.,trumenlaJjty, domestic or foreign, or by or before an arbitrator or arbitration
board. The Vendor is not aware of any ground on which any such action, suit or
proceeding might be commen~ed with any reasonable likelihood of success;
(j) the Vendor is not a non-resident of Canada for the purposes of the l1u:ome Tax Aa
(Canada);
(Ie) the Vendor is and will on the Closing Date be registered under the Excise Tax Aa
in respect of goods and services tax;
(I)
with the exc tion of the income taxation ears 200 I and 2002 the Vendor has
filed, within the times and in the manner prescribed by law, all tax returns which
might affect the Purchased Assets. AU taxes which might affect the Purchased
Assets have been paid for all taxation years including 2001 and 2002 and there are
no outstanding assessments or reassessments in respect of taxes which might affect
the Purchased Assets;
I
(m) neither this Agreement nor any document to be deliVered by the Vendor nor any
certificate, report, statement or other document furnished by the Vendor to the
Purchaser in connection with the negotiation of this Agreement contains or wi11
contain any untrue statement of a material fact or omits or will omit to state a
material fact necessary to make the statements contained' herei~ or therein not
miSleading. There has been nQ event,. transaction or infonnation that' has come to
the attention of the Vendor that has not been disclosed to the Purchaser that could
reasonably be expected to have a-material adverse effect on the Business or the
Purchased Assets, and the Vendor has disclosed to the Purchaser all infonnation
known to the Vendor relating to the Business or any of the Purchased Assets
which might reasonably be regarded by the Purchaser as being material to the
Purchaser's decision to purchase the Purchased Assets; and
1799041
7
(n) the copies of the original Peter Puck films to be delivered to the Purchaser
hereunder are of a technical quality acceptable for the purposes of exhibition
thereof at the Clarington Hockey Museum.
Section 2.02 Representations and Warranties of the Purchaser: The Purchaser herehy
represents and warrants to and in favour of the Vendor as follows, and acknowledge that the
Vendor is relying on such representations and warranties in entering into this Agreement that:
(a) the Purchaser is a municipal Corporation incorporated and existing under the laws
of Ontario. The Purchaser has the requisite Corporate power and authority to
purchase the Purchased Assets from the Vendor and otherwise perfonn its
obligations pursuant to this Agreement;
(b) this Agreement has been duly authorized, executed and delivered by the Purchaser
and constitutes a legal, valid and binding obligation of the Purchaser, enforceable
against the Purchaser in accordance with its terms,
(c) the execution and delivery of this Agreement by the Purchaser and the
consummation of the transactions herein provided for will not result in the breach,
violation of, or constitute a default under, or conflict with:
(i) any by-laws or resolutions of the council of the Purchaser;
(ii) any jUdgment, decree, injunction or award of any court, governmental
body or arbitrator having jurisdiction Over the Purchaser or any of its
assets; or
(iii) any applicable law, statute, ordinance, regulation or rule; and
(d) the Purchaser is and will on the Closing Date be registered under the Excise Tla
Aa in respect of goods and services tax.
Section 2.03 Survival of Reoresentations and Warranties: Except for the representations and
warranties set forth in subsection 2.01(e), which shall survive indefinitely, and the representations
and warranties set forth, in subsection 2.01(1), which shall survive until the expiration of the period
in which an assessment or reassessment of taxes may be issued, the representations and warranties
contained in this Article Two ,shall survive the Closing and notwithstanding such Closing, shall
continue in full force and e/fect for the benefit of the Purchaser and the V codor until October 31,
2008.
1799042
8
ARTICLE THREE
ADDITIONAL COVENANTS
Section 3.01 Bulk Sales Act: The Vendor and the Purchaser agree to waive compliance with
the Bulk Sales Act (Ontario).
Section 3.02 Name: The Purchaser shall have the exclusive right to the use the name "Brian
McFarlane's Hockey Museum" or such other similar name in connection with the operation of
Clarington Hockey Museum by the Purchaser.
Section 3.03 Non-Competition: The Vendor agrees that they will not directly or indirectly, be
engaged in any business or conduct directly competitive with the Clarington Hockey Museum for
five (5) years from the date hereof within Ontario.
Section 3.04 The rights and restrictions Sel out in Section 3.02 and 3.03 shall survive closing
and shall not merge.
ARTICLE FOUR
CONDITIONS
Section 4.01 It is also a condition of closing that on or before October 31, 2003 the Purchaser
shall have satisfied itself, in its sole discretion, of:
a) the value of the Purchased Assets by way of professional appraisal;
b) the association of the Clarington Hockey Museum with the Hockey Hall of Fame;
c) the feasibility of the Clarington Hockey Museum; and
d) t!te quality of the Peter Puck films.
(the "Purchaser's Conditions").
Section 4.02 The purchase and sale of the Purchased Assets shall be subject to the following
conditions precedent for the benefit of the Purchaser to He satisfied on or before the Closing Date
(unless waived by the Purchaser):
(a) The Purchased Assets shall be free and clear of all encumbrances, except for those
specifically agreed to be assumed by the Purchaser;
(b) The Peter Puck Licence provided for in an agreement dated June 4, 1990 between
Hanna-Barbera Productions Inc. (as Licensor), Brian, and Family Ltd. (as
Licensee) shall tenninate not earlier than December 31,2014 (subject to Family
Ltd. exercising its options to extend the tenn to such date in accordance with such
agreement, which it has agreed to do herein.) and shall be in good standing;
1799043
9
(c) The Exhibition Licence shall be approved for transfer to the Purchaser by the
holder of the copyrights to Peter Puck; and
(d) Apart from the usual representations and warranties, a warranty and representation
that there are no law suits pending or threatened against the Purchased and the
principals and that there are.no outstanding claims or liabilities, contingent or
otherwise, including tax claims and liabilities of the Vendor, except those that
have been specifically disclosed to and accepted by the Purchaser.
ARTICLE FIVE
INDEl\fNIFlCA TION
Section 5.01 Indemnification bv the Vendor: The Vendor agrees to indemnifY and save
harmless the Purchaser from all claims, losses, damages, liabilities, costs and. expenses
("Losses") suffered or incurred by the Purchaser as a result of or arising directly or indirectly out
of or in connection with:
(a) any breach by the Vendor of or any inaccuracy of any representation or wlllTanty
of the Vendor contained in this Agreement or in the Letter of Intent (provided that
the Vendor and its principals shall not 'be required to indemnifY or save hannless
the Purchaser in respect of any breach or inaccuracy of any representation or
warranty unless the Purchaser shall have provided notice to the Vendor in
accordance with section 5.03 on or prior to the expiration of the applicable time
period related to such representation and warranty set out in section 2.03);
(b) any breach or non-perfonnance by the Vendor of any covenant to be perfonned by
it that is contained in this Agreement or in the Letter of Intent;
(c) any liabilities for federal or provincial, sales, excise, income, COrporate or any
other taxes assessed against the Business for any period up to and including the
Closing Date that affect the Purchased Assets; and
(d) non-compliance with the Bulk Sales Act (Ontario).
Section 5.02 Indemnification by the Purchaser: The Purchaser agrees to indemnity and save
hannIess the Vendor from all Losses suffered or incurred by the Vendor as a result of or arising
directly or indirectly out for or in connection with;
(a) any breach by the Purchaser of or any inaccuracy of any representation or
warranty contained in this Agreement or in any agreement, instrument, certificate
or other document delivered pursuant hereto (provided that the Purchaser shall not
1799044
. '
10
be required to indemnify or save hannless the Vendor in respect of any breach or
inaccuracy of any representation or warranty unless the Vendor shall have
provided notice to the Purchaser in accordance with section 5.03 on or prior to the.
expiration of the applicable time period related to such representation and
warranty set out in section 2.03); and
(b) any breach or non-perfonnance by the Purchaser of any covenant to be perfonned
by it that is contained in this Agreement or in any agreement, certificate or other
document delivered pursuant hereto.
Section 5.03 Notice of Claim: If a party (the "Indemnified Party') shall become aware of any
claim, proceeding or other matter (a "Claim'') in respect of which another party (the
"Indemnifying Party') agreed to indemnify the Indemnified Party pursuant to this Agreement,
the Indemnified Party shall promptly give written notice thereof to the Indemnifying Party. Such
notice shall specify whether the Claim arises as a result of a claim by a person against the
Indemnified Party (a ''Third Party Claim') or whether the Claim does not so arise (a "Direct
Claim"), and shall also specify with reasonable particularity (to the extent that the infonnation is
available) the factual basis for the Claim and the amount of the Claim, ifknown. If, through the
fault of the Indemnified Party, the Indemnifying Party does not receive notice of any Claim in
time to contest effectively the detennination of any liability susceptible of being contested, the
Indemnifying Party shall be entitled to set off against the amount claimed by the Indemnified
Party the amount of any Losses incurred by the Indemnifying Party resulting from the
Indemnified Party's failure to give such notice on a timely basis.
Section 5.04 Direct Claims: With respect to any Direct Claim, following receipt of notice
from the Indemnified Party of the Claim, the Indemnifying Party shall have thirty (30) days to
make such investigation of the Claim as is considered necessary or desirable. For the purpose of
such investigation, the Indemnified Party shall make available to the Indemnifying Party the
infonnation relied upon by the Indemnified Party to substantiate the Claim, together with all such
other infonnation as the Indemnifying Party may reasonably request. If both parties .agree at or
prior to the expiration of such thirty (30) day period (or any mutually agreed upon extension
thereof) to the validity and amount of such Claim, the Ind~mnifying Party shall immediately pay
to the Indemnified Party the full agreed upon amount of the Claim, failing which the matter shall
be referred to binding arbitration in such manner as the parties may agree or shall be detennined
by a court of competent jurisdiction. .
Section 5.05 Third Party Claims: With respect to any Third Party Claim,.the Indemnifying
Party shall have the right, at its. expense, to participate in or assume control of the negotiation,
settlement or defence of the Claim. If the Indemnifying Party elects to assume such control, the
Indemnified Party shall have the right to participate in the negotiation, settlement or defence of
such Third Party Claim and to retain counsel to act on its behalf, provided that the fees and
disbursements of such counsel shall be paid by the Indemnified Party.
1799045
II
Section 5.06 Settlement of Third Party Claims: If the Indemnifying Party fails to assume
control of the defence of any Third Party Claim, the Indemnified Party shall have the exclusive
right to contest, settle or pay the amount claimed. Whether 'or not the Indemnifying Party
assumes control of the negotiation, settlement or defence of any Third Party Claim, the
Indemnifying Party shall not settle any Third Party Claim without the written consent of the
Indemnified Party, which consent shall not be unreasonably withheld or delayed.
Section 5.07 Co-ooeration: The Indemnified Party and the Indemnifying Party shall co-operate
fully with each other with respect to Third Party Claims, and shall keep each other fully advised
with respect thereto (including supplying copies of all relevant documentation promptly as it
becomes available).
Section 5.08 Exclusivity: The provision of this Article Five shall apply to any Claim for breach
of any covenant, representation, warranty or other provision of this Agreement or any agreement,
certificate or other document delivered pursuant hereto (other than a claim for specific
perfonnance or injunctive relief) with the intent that all such Claims shall be subject to the
limitations and other provisions contained in this Article Five.
ARTICLE 6
GENERAL
Section 6.01 Confidentiality of Information: If the transaction described herein is not
consummated for any reason, the Purchaser covenants and agrees that, except as otherwise
authorized by the Vendor in writing, neither the Purchaser nor its representatives, agents or
employees will disclose to third parties, directly or indirectly, any confidential infonnation or
confidential data relating to the Purchased Assets or the Business in the possession of the
Purchaser or its representatives as a result of the Vendor making available to the Purchaser and
its representatives the infonnation requested by them in connection with such transaction.
Section 6.02 Notices: Any notice, direction or other instrument required or pennitted to be
given under the provisions of this Agreement shall be in writing and may be given by mailing the
same by prepaid registered post or by delivering the same as follows:
(a) If to the Vendor at:
2S Tollerton Avenue
WiIlowdale, Ontario
M2K 2Hl
Attention: Brian McFarlane
(b) If to the Purchaser at:
1799046
12
40 Temperance Street
Bowmanville, Ontario
LIC 3A4
Attention: Franklin Wu; Chief Administrative Officer
Any notice, direction or other instrument aforesaid, if delivered, shall be deemed to have been
given or made on the day on which it was delivered and if mailed as aforesaid shall be deemed to
have been given or made on the third business day following the day on which it is mailed. Any
party may give written notice of a change of address in the same manner, in which event any
such notice shall thereafter be given to it as above provided at such changed address.
Section 6.03 Apolicable Law: This Agreement shall be construed in accordance with and
governed by the laws of Ontario and the laws of Canada applicable in Ontario.
Section 6.04 Words and Phrases: In this Agreement, the masculine shall include the feminine
and the neuter and vice versa and the singular shall include the plural and vice versa; words such
as "hereunder", "hereto", "hereof" and "herein" shall, unless the context clearly indicates the
contrary, refer to the whole of this Agreement and not to any particular paragraph or section
hereof and the word "person" shall include an individual, firm or corporation. The headings in
this Agreement are inserted for convenience of reference only and shall not affect the
interpretation or construction hereof.
Section 6.05 No Other A~reements: Except as specifJ.cally set forth in this Agreement or the
Letter of Intent, there are no representations, warranties, agreements or covenants made by any
of the parties hereto and not contained herein. This Agreement supersedes any prior agreement,
memorandum of understanding or letter of intent whether written or oral, between the parties and
constitutes the entire agreement of the parties. Any amendment to this Agreement must
specifically refer to this Agreement and be in writing and executed by both of the parties hereto.
Section 6.06 Further Assurances: The parties hereto shall sign such further and other
documents, cause such meetings to be held, resolutions passed, by-laws enacted. exercise their
vote and influence, do and perfonn and cause to be done and perfonned such further and other
acts and things as may be necessary in order to give full effect to this Agreement and every part
hereof.
Section 6.07 Severability: If any provision of this Agreement, or the application of such
provision to any person or circumstance, shall be held invalid or unenforceable, the remainder of
this Agreement, or the application of such provision to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected thereby.
Section 6.08 Successors and Representatives: This Agreement shall be binding upon the parties
1799047
13
hereto, their heirs, executors, personal representatives, successors and assigns.
Section 6.09 Counterparts: This Agreement may be executed in several counterparts, and all
such executed counterparts shall constitute one agreement, binding on all of the parties hereto,
notwithstanding that all the parties are not signatories to the original or the same counterpart.
Section 6.10 No Waiver of Breach: No failure of any party to this Agreement to pursue any
remedy resulting from a breach of this Agreement by another party shall be construed as a waiver
of that breach by that party or any other party or as a waiver of any subsequent or other breach,
and any waiver by any of the parties hereto of any of the tenns, provisions, conditions or
agreements hereof whether expressly or by implication shall not constitute or be deemed to
constitute a continuing waiver thereof or a waiver of any other tenus, provisions, conditions or
agreements hereof.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the date hereof.
BRIAN McFARLANE'S HOCKEY
MUSEUM
Name: .
Title:
:-
I have authority to bind the Corporation
1799048
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SPORTS F AMIL Y LIMITED
~~\lLC~
Name:
Title:
I have authority to bind the Corporation
THE CORPORATION OF THE
~C ALITYOFCLAmNGTON
:'
1799049
SCHEDULE "H" - COD-069-08
BRIAN McFARLANE HOCKEY MUSEUM
LIST OF INVENTORY
~
JULY, 2003
The Hockey Museum is primarily a museum of fascinating photos and
artifacts depicting a chronological history of hockey. The following
inventory list has been compiled by Joan and Brian McFarfane.
Interested parties must understand that photos and artifacts from the
Museum have been stored in three venues for many weeks.
Therefore, the list may not be absolutely correct but the McFarfanes
are confident it is 980/0 correct and factual. The McFarfanes are also
confident the final inventory will contain many more items than are
listed. The McFarlanes want the purchasers to feel assured they are
getting full value for their investment dollars. They hope and expect to
play a continuing role in the Museum by providing additional items of
interest and expertise in the years ahead.
EARLY DAY PHOTOS:
One long panel (15' x5') of approximately 75 photos from Lord
Stanley to a newspape~, account of the longest game ever played in "
1936. Free standing photos include the 1896 Baltimore team, .
Montreal Vies 1896 championships team, Red Dutton, New York
Rangers champs in '28, 1904 World Champs Portage Lake, World
" Champs Victoria Cougars, World Champion Quebec 1913, Kenora
Thistles.
One short panel (511:X5") with 15 photos of the 40s.
(Richard, Lindsay, Schmidt, Broda, etc. Oversize photos include Dick
Irvin Sr, Bentley Brothers in Chicago. "
,"
One long panel (27' X5") with approximately 115 photos of the 50s to
the present.
One panel of 26 photos of Great Goalies
\
1799050
One panel of 22 photos of Goalie Masks
One panel of 26 photos of Gordie Howe's Amazing Career
One panel (4"x 6") of 1 0 photos of Clancy, Ballard, Conacher
Brothers.
One panel (4" X 6") of 14 photos of Building of Maple Leaf Gardens:
Beatles, Elvis, Gondola, etc.
One panel (4" X 6") 14 Bobby Hull photos
One panel (4" X 6") 8 Bobby Orr photos. Orr wearing #27 (rare)
One panel (4" X 6") 5 Darryl Sittler photos. His 1976 Canada Cup
winning goal, his first goal, etc.
One panel (4" X6") 15 photos of Hockey in Hollywood. John Wayne in
Idol of the Crowds. Paul Newman in Slapshot, etc.
One panel of 8 photos "The Zambo"i Story" First Zamboni, etc.
Six panels of approximately 90 photos: Fascinating Facts and.
Photos: Includes Showdown Poster, First black player in NHL, rare
Beehive photos. New York Americans '29., Canada Cup winner '84,
U.S Victory 1980, First game in Florida, Sutter Family, Mosienko's
. Fastest Three Goals.
etc.
.
Four (4" X 6") panels of approximately 50 photos "The Joy of Hockey"
Rare historical photos of men and women playing hockey and shinny
on the ponds and rivers, indoor game$ played decades ago.
One panel of 7 photos "Bruce Bennett's Best Photos" Bennett is
acknowledged as the NHL's top photographer. .
"\
One panel of 12 photos "Hockey's Broadcasters" The familiar faces
of Foster and Bill Hewitt, Danny Gallivan, etc.
1799051
One panel of approximately 20 photos McFarlane's Career: 2 Hardy
Boys references.
Two panels of approximately 40 photos "Women's Hockey dating to
1890. Rare shot of Lady Stanley playing outdoors in 1890.
Considered the best collection of women's hockey photos in the
world.
Long panel of approximately 50 photos The Wayne Gretzky Story"
including rare shot of Wayne's first goal as a kid.
One panel of 11 photos: "Don Cherry Story."
BOOKS AND MAGAZINES IN THE MUSEUM LIBRARY
Numerous books (up to 50), including many by McFarlane, on the
game. Includes:
Guides, Magazines, programs, etc.
NHL Official Guide and Record Book (new each year)
Hockey Hall of Fame Official Yearbook
Hockey Superstars album (rare)
1-993: Hall of Fame Inaugural Issue
NHL Power Play Savers (stickers from Esso)
Stanley Cup: The First 100 Years Commemorative Magazine
Copies: Scotiabank Hockey College News
Photo Spreads: Weekend Magazine, etc.
Story of the NHL
Boy on Defense
Scrubs on Skates
Hockey-Here's Howe
Etc. Etc. :.
HOCKEY STICKS (APPROXIMATELY 65 REGULAR STICKS.
MANY GAME USED, PLUS SEVEN GOAL STICKS AND ONE
HURLEY STICK. MANY ARE AUTOGRAPHED BY STARS OF THE
ERA, INCLUDING RED HORNER, APPS, ORILLON, KEON, AND
LEAFS OF '67) TOTAL OF 73 STICKS. . -
From the Hall of Fame: \
Gretzky
Lemieux
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Bourque
Clarke
O'Reilly
Lapointe
Park
Keon (rare, 1960)
Cournoyer
M. Tremblay
Dryden
S. Savard
D. Maloney
Lacroix.
Bossy
J. Mullen
D. Gare
MUSEUM OWNED STICKS
G. Howe (rare)*
Sawchuk Goal stick 1960. (Many autographs including Howe)
Alyn McCauley: Autographed
Mario Gosselin Goal stick -
Ted Kennedy Stick from 40s: 9 autographs *
Curtis Joseph Goal stick
Dennis Hull: Team Canada '72 * (autographed by TC members)
Robinson '.
Esposito
Mike Bossy
Lacroix
. Joe Mullen
Old Leaf stick (autographed by several Hall of Famers)
Plasse goal stick .
Mcgregor ..
2 hand painted goalie sticks * One with many autographs
Replica stick: First game played in Kingston
Guevremont stick
Ruff
Fairbairn
Gilmour \
2 Russian sticks
Russian 1972
1799053
I,
1,,[.
Alfredsson (autographed) rookie of year
Graves (autographed) Graves and Beliveau
100 year old goal stick used in 1902 Stanley Cup * Need repairs
100 year old stick from McFarlane collection. Needs repairs
Replica of hurley stick: Similar to hockey
Replica of 1886 stick used in Kingston's first game
Old stick with thin blade
Old stick with broken blade: repaired.
Several Mini sticks: Some autographed
SKATES
Garth Boesch: Leaf star of 40s and 50s
Old Brown skates
Old black skates
5 pair of clip on skates
Black and brown skates with guards
Doug Favell's goal skates *
Rare double runner skates
Rare kids skates black and red: double runners
Old wooden skate (150-200 years old)
Pair of skates with curled up blades (very rare) donated by Mickey
Walker, 82-year old player in Bala. World's oldest registered female
player.
Turn of last century Starr Skates (still in box)
TURNSTYLE
. A rare tumstyle used for decades at Maple Leaf Gardens
GLOVES AND PADS
Bernie Parent's trapper from 1974. Also used by Favell.
Pair of Dave Lumley's shoulder pads (worn as a kid).
Bathurst goalie gloves (Blue, yellow and white)
Kenesky goalie glove
B. Lalonde's old NHL gloves (Canucks)
Cooper goalie glove
Kids player gloves \
Red and blue shin pads
White shoulder pads
1799054
Cooper goalie glove
Favell's arm and shoulder pads
Kenesky chest protector
Curtis Joseph's Louisville goal pads and stick
Brown ,leg pads (owner unknown)
Ivan Irwin's palm less hockey gloves '
Bobby Hull model shin pad: Just one
Several other gloves
Pair Boxing gloves (Tiger William's hockey gloves)
HELMETS AND MASKS
Goalie mask: Black with white mesh guard (Jota)
Modem Itechmask
Montreal mask created by Rick Clarke *
Toronto mask (Potvin) created by Rick Clarke *
Replica at Cheever's famous mask *
Unique hand made mask donated by late, Fred Hill. 1929 pre-dates all
other NHL masks.
Hill's 1929 goalie skates
Flyers' hockey bag
Lalonde's old helmet worn for 12 years.
JERSEYS, JACKETS
to., ,_ ~
Brett Hull autographed St. Louis jersey
Maple Leaf Anniversary jersey (1996) # 489 Of 1931)
Horton All Star jersey (not NHL)
, Mikita Chicago Blackhawk jersey
Americans replica jersey (no longer manufactured)
Calgary: Gary Rob~uts autographed
Leafs #27 jersey (Sittler?)
Toronto Taros first jersey. Introduced at initial press conference
Bossy: Islanders
Thomas Steen: Winnipeg
Slapshot jersey: Donated by Hanson brothers
Orr jersey from Hall of Fame
Bathgate jersey (HOF) '\
Gretzky jersey (HOF)
Kharfamov jersey (HOF)
1799055
b
'.
Dawson City jersey commemorating 1905 S. Cup (autographed by all
players)
Gruen NHL Oldtimers jersey
Doug Wilson jersey (Chicago)
Russian jersey (Bykhov)
Hockey Night in Canada jacket (8. McFarlane's), white shirt, hockey
tie. HNIC cap.
Phil. Flyers hockey jacket from 1974
Canada Women's Team jacket from 1990. Pants and stockings.
Old sock with feet.
Texans jersey, old socks
Canadian Olympic Team jersey
PENNANTS
1990 Womens' Worfd
Vintage Leaf pennant
Vintage Greensboro pennant
Vintage Detroit
Cal. Seals
HOCKEY CARDS
....
Manon Rheaume
Don Marshall from 50s
Don Cherry (rare)
. Gord Howe
2 albums wirh 40 cards in each
Bob Goldham
1934 signed card Ail Star
(Limitless number of other cards available if needed)
GAMES
Munro push-pull game from 40s. -(rare)
Gotham Game: First push-pull invented. Very rare
Roll N Score Game
Ice Action Hockey Game
\
1799056 _
I
MATCH BOOK COVERS
March, Bowman, Brydson, Gottselig, Johnston (Ching), Dutton.
MISCELLANEOUS
4 Red Seats from Maple Leaf Gardens
4 blue seats from MLG
Cash register for gift shop
25' of dasher boards
Life size cutouts of Lemieux and Cherry
Paper weight Hall of Fame Opening
AHL Champs patch
1974 Leaf calendar
Brick from Chicago Stadium
LP: Hockey Night in Canada
Oversize print: Foster Hewitt
Doug Barkley tile
Replica Stanley Cup signed by Leaf players .
Skate sharpener endorsed by B. Hull
Stanley Cup pencil sharpener
Peter Puck clock (rare)
Stuffed Peter Puck doll
Hockey Night in Canada crest
Pittsburgh Hornets crest
Stanley Cup World Champs crests 1946-47, another from 1941-42
Hockey sock record: NY Rangers sing
Leaf crest from Ace Bailey's jersey
Canadian Navy team crest (Bob Goldham)
. Tickets from Mighty Ducks game
Box of hockey pegs
A large number of ~ockey pucks and pins of various vintages
Menu from Gretky's'restaurant
Dionne Quints in Leaf jerseys (photo)
HOCKEY ART (Prints)
Bill Barilkos final goal
Richard and Sugar Jim
New Yorker Magazine cover (rare)
Original painting: Dryden .
Prints of Sawchuk, McDonald and Plante
\
1799057d"
JJ
,
14 various prints of hockey scenes
Framed print: Skating in Central Park
Framed print: Backyard hockey
I large print: Henderson's Goal
15 16 X 16 boards with images of NHLjerseys (rare)
Several Doug Gibson cartoons: It Happened in Hockey
Saturday Evening Post 1936: Hockey art on cOver
Colliers Magazine: 1931: Hockey art on cover
PROGRAMS, MAGAZINES
Copies of many Sports Illustrated Hockey Covers (rare)
Copies of 12 old MLG Programs dating to 30s
24 posters of various star players
14 oversize action photos (24" X 36")
Copy of Time Magazine 1935: First NHler (Chabot) on cover
IMPORTANT ADDITIONS:
THE FOllOWING PHOTOS AND ITEMS ARE NOT ON OCTOBER
'98 LIST (ADDED SINCE MUSEUM CLOSED)
Brett Hull Scores WG In triple OT in '99
Hull's Disputed Goal
Hull Answers Back :-
Scott Stevens holding S. Cup
Devils grouped around Cup
Two photo spread on Hasek
" Dallas Stars Grouped around Cup
Modin with Cup
Hatcher with Cup .
Yzerman with Cup.
Bowman and Wings grouped around Cup
Gretzky's last game: Two Photos
Leafs Turf Pens in OT
Sundin Celebrates
Leafs Line Up for playoff Game
Autographed photo of Carl Brewer, Johnny Bower and Alan St,nley
Vintage hockey helmet (30s?) .
1799058
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"
"
NOTES:
1r,. photo or artifact is on loan and may be reclaimed by donor some:~
d. a..y ".
. ...>C~
Brian McFarfane has contacted star players 'and former players and
coaches (Gretzky, Peca, Yzerman, Brodeur, Bowman, etc.) and has
been promised additional photos and artifacts to be placed in a "New"
Hockey Museum.
As a member of the Hockey Hall of Fame, McFarfane has been
promised support (in writing) from the Hockey Half of Fame.
McFarlane has a source for an unlimited number of films of vintage
hockey games, including rare Soviet animation for use on monitors
within the Museum.
Guest appearances and author signings can be arranged.
Suggest McFarfane and the Museum put together two books for sale
in gift shop. One called All About Hockey for kids, a second using
many of the Joy of Hockey photos and titled the Joy of Hockey.
""T_ =- :.
Suggest a spinning wheel be placed in Museum (or outside) to raise
money for charity or a scholarship. For $1 player spins wheel, has
chance to win free admission to Museum or a poster or book. Ifa
, non-winner, the $1 goes to charity or a scholarship fund. I saw this
work successfully at Universal Studios in Los Angeles.
"
.
.'
TO ASSIST IN THE IDENTIFICATION, COLLECTION AND
TRANSPORTATION OF HOCKEY MUSEUM INVENTORX, THE
FOllOWING IS STORED IN BOXES AND CONTAINERS IN THE
BARRIE STORAGE AREA. "
1799059
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".
ITEMS IN THE BARRIE STORAGE LOCATION
10 Plexiglass cubes
5 Plastic interlocking sheets (flooring for shootout game)
20' (Approx.) Rink Boards used to decorate theater walls
11 Gray panels (4' X 6') 3 in Barrie, 8 in McF. Garage with poles
and feet
1 Red Panel (4 X 8) in McF. Garage, Posts in Barrie
MASKS AND HELMETS (Red Sticker 56)
.
White goalie masks
1 Painted goalie masks by Clark*
1 New Itech goalie mask in blue bag
1 Helmetwom by Bobby Lalonde over 11 NHL seasons
1 Jofa goalie helmet and face guard (Itech)
PHOTOS AND HOCKEY ART ( #83 Red sticker)
'. 13 Artistic Reproductions of old NHL sweaters
14 Hockey art
15 Hockey in the Movies, (John Wayne, Paul Newman, etc)
14 Bobby Hull
39 Fascinating photos
2 Old Magazine spreads of Gilbert, Hadfield, Pulford
13 Maple Leaf Gardens .
3 Stanley Cup shots (Peterson working on Cup)
. HOCKEY GAMES (Red Sticker 57 & 67)
4 Hockey gam~s
. 1 Pair: Mickey Walker's skates (oldest female player in world)
83 year old Bala player donated 150 year old skates.
PHOTOS Box 3, ( red sticker 79)
42 Joy of hockey .
5 Bruce Bennett Display (Donated by Bruce, NHL's to'p photog.)
II
\
1799060
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'.
10 Famous broadcasters (Hewitt Gallivan, etc.)
6 Bobby Orr
27 Fascinating photos
8 Ballard and Clancy
2 Black players .
3 Advertising from mags.
4 Sittler
1 Hockey poem
BOX 99 - red sticker
-
Gotham game: Very rare. First push pull game.
Menu from Gretzky's Restaurant
Color photos of Orr and Shore
Small photo of Gordie Orillon, last Leaf to win scoring title
Joe Sakic poster
King Clancy's contract with Leafs
Leaf calendar: 1947
BOX 6 (Red sticker 89)
24 McFarfane photos
32 Women in hockey
2 Hockey art
1 Song sheet: Here Comes Shack, written by McFarlane
1 Plasticized copy of Hockey News Feb. 28/53
2 Wooden plaques: Lafleur and Lemieux
1 Peterborough Petes Team (3D)
BOX 16 - red sticker
16 Framed Photos w glass. Action shots of NHL stars
BOX 59 - red sticker
Full of individual lights for track lighting
PLEXIGLASS CASE (# 30 red sticker)
Containing 50 large photos and posters
,\
\
1799061
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... '.
BOX 84: (red sticker)
Containing hockey books: Not checked
BOXES 87 AND 90: (red stickers)
Full of vintage skates, including those of former Leaf Garth Boesch
BOX 55: (red sticker)
Four framed items with glass
DISPLAY CABINET
LARGE WOODEN WARDROBE WITH DOORS USED TO DISPLAY
GOALIE EQUIPMENT
Full Size cutouts of Don Cherry and Mario Lemieux ( 152 red sticker)
BOX 48: (red sticker)
Large framed items: Leafs 67 Cup Champs: with many autographs
Leafs hockey stars from the 1930s.
Plexiglass Cube #58 red sticker.
22 Large photos and rare Munro Push-Pull Game
Note: Cubes 12, 13, 14, 17, 31, 32, 33, 51 are empty
Cubes 30 and 58 are full
BOX 1 Red sticke~ #82
Chronological series of photos from 40rd Stanley to Phil. Flyers plus
captions for same.
BOX # 81- red sticker.
'\
Old gloves and pads
1799062"
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BOX # 76 - red sticker:
Has not been checked
BOX #36 - red sticker:
Oversize photos of Paul Henderson's WG and Foster Hewitt
23 Plywood wall panels covered with maroon burfab. Note: Photos
are attached to burfab by Velcro sticker strips on back.
Shootout Board of goalie used in game outside Museum. Should be
replaced or repainted
BOX # 18 - red sticker:
Goalie Pads: Doug Favell, Curtis Joseph, etc.
Sticker #149: Theater rope and posts
..
Numerous mannequins
One rare tumstyle from Maple Leaf Gardens
Two TV monitors.
'.
.
The above items will fill a minimum space of 2,000 square feet.
Captions have been prepared for each photo although newer
methods of identifying photos and providing story lines may be
preferred. Recent jmprovement in scanning techniques should make
additional (updated) photos inexpensive to produce and provide for a
periodic change of displays.
Brian and Joan McFarlane
July 25, 2003
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1799063
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HANDOUTS/CIRCULA TIONS
GPA
Council and Committee Members Municipality of Clazington
Meeting December I, 2008 9.30 am.
Dear Members,
We are here today because of an error, which should have never taken place
I am going to try to be brief, as I am allowed only 5 minutes.
I know that schedules aze tight, but 5 minutes really, ...., really people., really !!
A few months back I was offered a job as a Sales Driver. At that time I did my homework
regarding the vehicle parking in question. I was informed and had verified that the
vehicle s weight needed to be under 4 tons, as required by the by -law. I was told that the
full weight (gross) as mentioned in the bylaw is only for the purpose, that the truck will
never exceed that load. So therefore it is registered with that weight, but this has no
relevance towards the safety or obstruction of the street (court) that it is parked on,
especially as my vehicle is always parked in the driveway of my property and has never
had any load on board when pazked.
I accepted my job under the conditions that I can pazk my truck in my own driveway
knowing that the weight of my vehicle is less than 4 tons and relied on the information
that had been given to me.
My income is based on, that I will not have to use my own vehicle to go anywhere,
because of the cost of doing so.
The statement in the Report from the Clerks Department CLD-033-08 submitted by Patti
Barrie and reviewed by Franklin WU insisting that I will comply with the by law is as
quoted,
....The Municipal Law Enforcement Officers has no knowledge of whether or not a
pazked vehicle contains a full load or not, thus the capacity weight must be applied
upon.....
Suppose I walk with a briefcase, I will find it very offensive that a Police Officer will tell
me to leave my briefcase at home as he or she can not verify if I have weapons, explosive
drugs ...etc. etc in said brief case..,
That is absolutely nonsense, but it is the statement as quoted that Mrs Barrie and Mr Wu
are basing this Report on! 1
Furthermore
1. They had knowledge of the weight as I provided the papers.
2. If safety and obstruction is the issue of this by-law, then weight is not, as I can
have any oversized vehicle in my driveway, as long as it is under that weight, the
by-law is not specific about or addresses size at all. You can not draw a
conclusion of the size of a vehicle by its weight only.
3. If I have same vehicle registered as a private Vehicle and not as a
Commercial, neither size nor weight matters and safety and obstruction is not an
issue anymore?
As I have pointed out from the beginning (please refer to the entire file correspondence),
as well as it is common sense. I drive to load the vehicle at a warehouse in Toronto, then
deliver the product to stores and return with an empty vehicle, therefore the vehicle when
parked in my driveway is empty with maybe an exception of 100 pounds up or down and
therefore under the required 4 tons.
I have honored the request of the by-law officers, not to park my vehicle in my own
driveway, until this issue was brought in front of you people. I have found a temporary
solution of not parking my vehicle in the driveway, strictly out of respect to the by-law.
This was not to give up my rights. This has caused me a great inconvenience, undue
financial burden and stress.
I prefer this issue to be settled rather then having it escalate to a more unnecessary
dispute between the Municipality and I.
Here is the scenario that started all of this.
Two neighbors utilize the street to park their vehicles. They live near each other. They
have this rp ime parking spot on the street, so whoever reaches this spot first, does not
leave the space for the other one. They dispute each other. They both park there,
whenever they can, breaking the by -law, blocking the road and impairing visibility for
the rest of the residents.
Your employee, the enforcement officer, gets called in their dispute and involves me in
this issue. I comply, the rest waits until after 5 pm and weekends to continue breaking the
law, and I am the only one being held responsible.
Perhaps if meter by meter your enforcement people would look at the rest of the
Municipality, they would see that there are other vehicles, larger and smaller ones, which
consistently are not complying with this by -law on a daily basis. I do not really care, but
I do take it very seriously when I am the one being prosecuted and pressured and being
insisted upon, that I must comply with the by -laws or face significant amount of fines.
My job is being compromised, as my temporary solution is just that
. A temporary solution.
As this committee allows me only 5 minutes of their time, I would hope that all of your
members take and have taken opportunity to look at all provided information and
correspondence in the file ,before making any further decisions; as this issue can not be
dealt with and be covered in five minutes or less.