HomeMy WebLinkAbout12/08/2008 •
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(En ergizing Ontario
DATE: MONDAY, DECEMBER 8, 2008
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held November 24, 2008
PRESENTATIONS
a) Inspector Charlie Green, Durham Regional Police Services — Update on Police
Services in Clarington
b) Dr. Neil Alexander, President, Association of CANDU Industries — Overview of
Nuclear Industry's Worldwide Expansion and Potential Economic Impact on the
Municipality of Clarington and the Region of Durham
C) Nancy Taylor, Director of Finance — Province-Wide Property Reassessment
DELEGATIONS (List as of Time of Publication)
a) Michael Hackenberger - 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 (Item 2 of Report#1)
b) Aiden Tombs and Emily Manns - Proposed Idling Control By-Law (Item 18 of
Report #1)
C) Nadia McLean-Gagnon Regarding By-law 2008-205 — Procedural By-Law
Amendment — Presentations
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Council Agenda - 2 - December 8, 2008
COMMUNICATIONS
Receive for Information
1 - 1 Minutes of the Santa Claus Parade Committee dated
November 11, 2008
1 - 2 Thomas G. Gettinby, Municipal Clerk, Township of Brock — Changes
to Ontario's Assessment System
1 - 3 P. M. Madill, Regional Clerk, Region of Durham - Regional Comments
on A Review of the Kawartha Region Conservation Authority
1 - 4 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors — Update — MPAC Activities
1 - 5 Katie Cronin-Wood, Communications Lead, Central East LHIN and
Leigh Winn-Kruck, Communications, Lakeridge Health — Lakeridge
Health Oshawa Designated as a District Stroke Centre
1 - 6 P. M. Madill, Regional Clerk, Region of Durham — Durham Region's
Hospital Funding Gap
1 - 7 Paul Andre Larose, Ph.D. — Freedom and Free Expression at
Clarington Council
1 - 8 Linda Gasser— Procedural By-law Amendment
1 - 9 Doug Abernethy, Founder, Ontario RAID (Report All Impaired
Drivers) — Press Release "Citizens Can Assist OPP and Local Police
Services by Reporting all Impaired Drivers"
1 - 10 Jim Richards — Procedural By-law
1 - 11 Wayne Blackburn — Total Hockey Collection
1 - 12 Doug Robertson, Project Manager, Transportation Infrastructure,
Transportation and Field Services Branch, Region of Durham — Tim
Hortons Store Site Modifications - Southwest Corner of Waverley
Road and Baseline Road
1 - 13 P. Madill, Regional Clerk, Regional Municipality of Durham - Clear
Bags Pilot Study Objectives and Procedures
1 - 14 Karen Branch — Clear Bags Pilot Project
Council Agenda - 3 - December 8, 2008
Receive for Direction
D - 1 Josie Coscarella - Speed Limit on Courtice Road North
D - 2 Harold Sellers, Executive Director, Oak Ridges Trail Association
(ORTA) — Licence Agreement with Oak Ridges Trail Association
D - 3 Carol Eldridge — Snow Removal
D - 4 Peter DeJong, Chairperson, Newcastle Community Hall Board —
Addition to Municipal Benefit Package
D - 5 Mike Sawchuck, Community Program Officer, Ontario Heritage
Trust - Doors Open Ontario 2009
D - 6 Heather and Joanne McFarland, Event Organizers - Clarington Polar
Bear Swim
D - 7 Alex Mitchell, City Clerk, City of Cambridge — Property Tax
Assessment
D - 8 Debi A. Wilcox, City Clerk, City of Pickering - Security and Safety at
GO Stations
D - 9 Debi A. Wilcox, City Clerk, City of Pickering - Durham Region
Anti-Violence Intervention Strategy
D - 10 David Kelly, Chair, Clarington Accessibility Advisory Committee —
Bill 94: Social Assistance Statutes Law Amendment Act (Registered
Disability Savings Plans)
D - 11 Jack Gibbons, Chair, Ontario Clean Air Alliance - Nuclear Cost
Responsibility Act
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of December 1 , 2008
STAFF REPORT(S)
1. Report CLD-036-08 - Temporary Appointment— Order to Restrain Appeals
2. Report COD-070-08 - By-Law Snow Removal Service (To be Distributed Under
Separate Cover)
3. Confidential Verbal Report of the Chief Administrative Officer Regarding
Personnel Matters
Council Agenda - 4 - December 8, 2008
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Councillor Robinson, seconded by Councillor Foster
"Whereas the Municipality of Clarington's Development Charges By-law No.
2005-108, as amended by By-Law No. 2008-104 and By-Law 2007-195 and
By-Law 2006-160, provides for annual indexing to next take place on January 1,
2009;
Whereas By-Law 2005-108 as amended, provides for a phasing schedule
whereby the final component of the phase-in schedule approved June 9, 2008 is
effective on January 1 , 2009;
Whereas Council is concerned over the combined impact of both the indexing
and the phase-in resulting in a 25% increase in the development charges
quantum during a time of economic uncertainty;
NOW THEREFORE BE IT RESOLVED that staff be directed
1) to prepare a draft amendment to By-law 2008-108 to defer the final
component of the phase-in increase from January 1 , 2009 to July 1 , 2009,
and to hold the necessary public meeting so that Council can consider the
amendment as early as possible in 2009.
2) to not increase the existing charge on January 1 , 2009 for the phase-in
increase, but rather pending consideration by Council of the amendment to
the By-Law, just increase it on that date by the indexing component of
By-law 2008-108 as is standard practice in all municipalities."
UNFINISHED BUSINESS
1. Addendum 3 to Report PSD-077-08 - Applications to Amend the Clarington
Official Plan and Zoning By-law by Bowmanville Creek Developments Inc. to
Permit a Wider Range of Commercial Uses (To be Distributed Under
Separate Cover)
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
a ' n
beading the Way Council Meeting Minutes
NOVEMBER 24, 2008
Minutes of a regular meeting of Council held on November 24, 2008, at 7:00 p.m., in
the Council Chambers.
Councillor Woo led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella, attended until
7:30 p.m.
Director of Community Services, J. Caruana, attended until
7:30 p.m.
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath, attended until 7:30 p.m.
Director of Corporate Services and Human Resources,
M. Marano, attended until 8:35 p.m.
Director of Finance/Treasurer, N. Taylor, attended until
7:30 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
8:35 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 7:30 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating future pecuniary interests with
respect to any matters related to the application to amend the Clarington Official Plan
submitted by Patricia Stephenson, Robert and Daniele Stephenson and Garthwood
Homes Limited which was reviewed at the General Purpose and Administration
Committee Meeting of November 17, 2008 (PSD-117-08) as a member of his family is
related to one of the proponents.
Council Meeting Minutes - 2 - November 24, 2008
ANNOUNCEMENTS
Councillor Woo announced that on Thursday, November 20, 2008, he along with
Mayor Abernethy and Councillors Hooper and Novak attended a charity dinner hosted
by small businesses at the Port Darlington Marina. The event raised $1,000 in
support of Bethesda House. Councillor Woo also announced that Marg Maskell, the
woman who initiated the "Support our Troops" banners will be meeting with The
Honourable David C. Onley, Lieutenant-Governor of Ontario to present him with a
banner.
Councillor Hooper announced that the CPR Holiday Train will be making a stop in
Bowmanville on December 1, 2008 at the CPR tracks at Wellington Street and
Scugog Street at 9:00 p.m. Johnny Reid and Tracey Brown, Country Music
entertainers will be performing. Donations of non-perishable food items will benefit
the Salvation Army, the Clarington East Food Bank and St. Vincent De Paul.
Councillor Hooper also announced on December 5, 2008, at 7:00 p.m. the Downtown
Bowmanville BIA will be hosting the annual tree lighting ceremony featuring "Just for
Kids" children's entertainers Rick and Terry.
Councillor Foster announced the following:
• On November 25, 2008, the Energy-From-Waste Site Liaison Committee
will hold its first meeting at 7:00 p.m. at Regional Headquarters in Meeting
Room LLC.
• On December 2 and 4, 2008, information sessions on the clear bag
program will be held at Lydia Trull Elementary School from 6:30 p.m. to
9:30 p.m.
• On November 27, 2008, a meeting on Zero Waste will be held at Faith
United Church from 7:00 p.m. until 9:30 p.m. hosted by Local Citizens for
Zero Waste.
Councillor Novak announced it was her extreme pleasure to attend the Canadian
Citizenship Ceremony held in Durham Region welcoming 41 new citizens to Canada
from all parts of the world. She stated she has a copy of the Ceremony Program if
anyone is interested in reading it.
Mayor Abernethy announced that today he, along with Councillors Foster, Robinson
and Trim, attended a Heart and Stroke Foundation presentation on Automatic External
Defibrillators at the Newcastle and District Recreation Complex. Mayor Abernethy
advised there are seven units installed in municipal facilities and that 90 municipal
staff are qualified to operate them. Mayor Abernethy stated he will speak to the
Director of Operations regarding funding opportunities for additional defibrillators for
the Municipal Administrative Centre and the Library.
Council Meeting Minutes - 3 - November 24, 2008
MINUTES
Resolution #C-546-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on November 10, 2008, be
approved as amended to replace the word "Newcastle" with the word "Enniskillen" in
Councillor Hooper's announcement pertaining to "Christmas in the Village" on
Page 2.
"CARRIED"
PRESENTATIONS
There were no Presentations introduced under this section of the Agenda.
DELEGATIONS
David and Valorie Whitehead addressed Council concerning Correspondence Item
D - 7 to request clarification of the zoning of their property. Mr. Whitehead advised
that in 2008, they approached the Planning Services Department to request
information on where they could construct a shed on their property to raise goats and
were informed at that time that their home and most of their acreage was zoned
"Environmentally Protected". Mr. Whitehead stated the property had previously been
zoned "residential farm" for a number of years and that staff of the Planning Services
Department informed them that in 2007 the zoning had been changed and that a
notice had been placed in the newspapers to advice of the change. Mr. Whitehead
stated he has since been in contact with the Province and has been advised that the
property is not zoned core but countryside and therefore, has nothing to do with
"environmentally protected" land other than being on the Oak Ridges Moraine.
Mr. Whitehead advised his family wants to start a farm to supplement their income.
He also stated that the zoning on a neighbouring property is agriculture and that there
is an aggregate operation on another nearby property. Valorie Whitehead stated they
were appealing to Council to allow them to farm on their property which they had been
doing for the last nine years and which was their original intention when they bought
the property years ago.
In response to questions, Mr. Whitehead advised that they were under the impression
that Municipal staff were going to contact them to follow-up and that they now have
Affidavits from persons who will attest to the fact that the property was farmed in the
past.
Council Meeting Minutes - 4 - November 24, 2008
COMMUNICATIONS
Resolution #C-547-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved.
"CARRIED"
1 - 1 Minutes of the Tyrone Community Centre Executive Board dated
September 17, 2008.
1 - 2 Minutes of the Clarington Living Green Community Advisory
Committee dated June 24 and September 23, 2008.
1 - 3 Minutes of the Clarington Heritage Committee dated October 21,
2008.
1 - 4 Minutes of the Clarington Highway 407 Community Advisory
Committee dated November 7, 2008.
1 - 5 Minutes of the Clarington Agricultural Advisory Committee dated
October 9, 2008.
1 - 6 Correspondence has been received from the following
individuals/groups objecting to the proposed "Energy-From-Waste"
facility and urging Council to support more environmentally
sustainable and fiscally responsible alternatives:
a) Dan and Kim King
b) Scott Penfound
c) Emilia Miller
d) Tom McHaffie
1 - 7 LAS Local Authority Services Ltd. (LAS) advising that LAS' Municipal
Energy Management Benchmarking Project is now underway and
LAS is seeking volunteer municipal staff interested in joining an
"Advisory Group"; forwarding Terms of Reference for the Municipal
Energy Management Benchmarking "Advisory Group"; and,
requested interested staff to contact Robert Storey at 416-971-9856,
ext. 350 or rstorev(M-amo.on.ca to become a member. The first
meeting will be held on November 25, 2008.
Council Meeting Minutes - 5 - November 24, 2008
1 - 8 The Honourable Dwight Duncan, Minister of Finance and Minister of
Revenue, the Honourable Jim Watson, Minister of Municipal Affairs
and Housing and the Honourable George Smitherman, Minister of
Energy and Infrastructure, Deputy Premier, announcing that the
Municipality of Clarington will receive $3,466,299 on November 12,
2008, to spend on capital priorities as a result of the implementation
of the Investing in Ontario Act, 2008; and, attaching details of the
2007-08 Surplus Allocation Formula and reporting requirements.
1 - 9 The Honourable Jim Bradley, Minister of Transportation,
acknowledging the Municipality's keen interest in the Highway 407
East expansion and proposed interchanges on Highway 401 in light of
the plans that Ontario Power Generation has for New Nuclear Build at
Darlington Nuclear Generating Station; advising Ministry staff will
continue to work closely with Council and municipal staff in
coordinating plans for infrastructure in and around Clarington and to
prioritize the proposed interchanges on Highway 401; and, indicating
that the idea of a partial interchange will be carefully considered.
1 - 10 Kristin Robinson questioning the logic for Council's defeat of a motion
to request an investigation into Regional Council representation.
Ms. Robinson believes that Mayor Steve Parish has demonstrated
sufficient evidence to support that there may be some inequalities of
municipal representation on Regional Council; acknowledging that a
review will not necessarily lead to an increase in numbers at the
Region; and, thanking local Councillors Foster, Woo and Robinson for
trying to investigate the imbalance of representation.
I - 11 Kristin Robinson writing to Clarington Council, the City of Pickering
Council, Durham Regional Council and Durham Planning Committee,
the Provincial Ministry of Infrastructure Renewal and the Ministry of
Municipal Affairs and Housing expressing concern with urban sprawl
and the future of Durham Region with respect to the loss of important
farmlands, wetlands, woods, etc., and the lack of consideration of
native flora and fauna in the process. Ms. Robinson references
Clarington staff Report PSD-115-08 regarding Council's position on
"Growing Durham" and requests that all elected officials do their due
diligence and protect all municipalities in Durham Region for the
future.
Council Meeting Minutes - 6 - November 24, 2008
1 - 12 R. A. (Bob) Fowler, Secretary, Ontario Property and Environmental
Rights Alliance expressing concern with the linking of the
interpretation and implementation parameters of the Endangered
Species Act 2007 to the regulatory framework of the Drainage Act
and of future linkages to other Provincial Statutes which will result in
municipal costs and taxes accelerating while mortgage worth and
property values decrease. The Alliance states that the questionable
origins of the Endangered Species Act 2007 and current provincial
downloading of direct and indirect costs onto local municipal councils
is a strong argument for Land Ownership Rights legislation in Ontario.
1 - 13 James Clancy, National President, National Union of Public and
General Employees thanking Council for proclaiming the first annual
Community Social Service Workers Appreciation Day on November 6,
2008.
1 - 14 Jamie Robinson, Director, Strategic Communications, Nuclear Waste
Management Organization (NWMO), forwarding an information
package on the design process for selecting a site to manage
Canada's used nuclear fuel for the long-term; advising the Project
Description Communication Backgrounder has been revised to reflect
input and comments; and, welcoming feedback on the information to
ensure that NWMO addresses the communication needs of local
communities.
1 - 15 Sue Stickley, Senior Communications Officer, Low-Level Radioactive
Waste Management Office (AECL), forwarding correspondence from
Oscar Acuna, Acting Director, Division for Europe, Department of
Technical Cooperation, International Atomic Energy Agency
expressing appreciation to the Government of Canada, particularly
Atomic Energy of Canada Limited, for hosting the Interregional
Training Course on Decision Making and Stakeholder Involvement in
Repository Development October 1 to 10, 2008, and to the Nuclear
Waste Management Organization (NWMO) and Ontario Power
Generation (OPG) for co-hosting the event. The event will help
Member States to understand the process for making decisions
involving various stakeholders leading to the selection of sites for
underground facilities (laboratories and repositories); acknowledging
the courses are essential to developing an understanding of the
technologies and appropriate social-political conditions for HLW
management in IAEA Member states with less well developed
concepts; and, advising the willingness to share the broad
understanding and knowledge gained by Canada in decision making
through stakeholder involvement is highly appreciated.
Council Meeting Minutes - 7 - November 24, 2008
1 - 16 Bryan Clarke, CRS-S, Chief Administrative Officer, Association of
Ontario Road Supervisors (AORS) forwarding their 2009 Training and
Professional Development Program booklet advising they have
significantly increased the number of seminars and training programs
in the Leadership for Public Works Professionals, Equipment
Operator Safety, Legislation and Safety and Maintenance and
Construction Activities categories; and, suggesting Council encourage
employees to apply for Certified Road Supervisor (CRS) accreditation
or reclassification and to join their AORS local association as
membership increases corporate professionalism, accountability and
morale.
1 - 17 Wendy Bracken forwarding copies of her delegation to the General
Purpose and Administration Committee meeting of November 3,
2008, including correspondence she has sent to the Honourable John
Gerretson, Minister of the Environment on Zero Waste and to all
waste management stakeholders, copies of her October 21 st
delegation to the Regional Health and Social Services Committee and
October 29th delegation to Regional Council concerning the proposed
Energy-from-Waste EA and monitoring. The correspondence clarified
that where she has referred to a $150 million incinerator it should
read a $198 million incinerator as the cost given in the Business Case
with Durham's share being approximately $155 million.
1 - 18 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing, forwarding a copy of the "Facing the Future Together"
Report of the Provincial Municipal Fiscal and Service Delivery
Review, a joint effort of the Province of Ontario, the Association of
Municipalities of Ontario and the City of Toronto which has produced
a landmark agreement creating a new fiscal framework for the future.
Electronic copies of the Report and additional information are
available for viewing at www.Ontario.ca/r)rovincialmunicipaireview.
1 - 19 Linda Gasser requesting Mayor Abernethy and Regional Councillors
Trim and Novak to provide Clarington residents with an explanation
as to the rationale for voting against the motion at the Regional
Council meeting of October 29, 2008, to undertake a review of
Regional Council composition and forwarding a copy of a
November 4, 2008, Toronto Star editorial "Rep-by-pop in Durham"
concerning the vote.
Council Meeting Minutes - 8 - November 24, 2008
1 - 20 The Honourable Dwight Duncan, Minister of Finance and the
Honourable Jim Watson, Minister of Municipal Affairs and Housing
providing information on the impact of the recommendations of the
Provincial-Municipal Fiscal and Service Delivery Review (PMFSDR)
and confirming that the Combined Benefit Stable Funding Guarantee
(CBSFG) will ensure that the municipality's combined benefit of 2009
Ontario Municipal Partnership Fund (OMP) allocation plus the
reduced costs from Ontario Drug Benefit and Ontario Disability
Support Program uploads will be equal to or greater than the March
2007 OMP.
1 - 21 John O'Toole, MPP, advising that Premier McGuinty has forwarded
Council's resolution regarding exemption from provincial sales tax on
goods and services purchased by Ontario police services to the
Honourable Dwight Duncan, Minister of Finance.
CORRESPONDENCE FOR DIRECTION
Resolution #C-548-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 6 to D - 9, inclusive.
"CARRIED"
D - 1 Mayor Pat Fiacco, City of Regina, Dr. Louise Walker, Chair,
Canadian Centre for Ethics in Sport (CCES) and Beckie Scott,
Olympic Gold Medalist, advising of the release of"What Sport Can
Do: The True Sport Report" by True Sport, a national movement for
sport and community; inviting Council to take the lead in helping
sport live up to its potential as a powerful force for good in the
community by declaring the Municipality a True Sport Community
and joining over 1,400 other sport communities, organizations, clubs,
leagues and teams actively working to ensure that sport is built on
the values of excellence, fair play, fun, and inclusion. Further
information is available at www.truesgort.ca.
(Correspondence referred to the
Director of Community Services)
Council Meeting Minutes - 9 - November 24, 2008
D - 2 Bruce Ellis, expressing concern with the speed of traffic and raising
safety concerns with intersections and driveways along the
Ganaraska and Newtonville Roads and requesting the posted speed
limit in the village of Kendal be reduced to a 60k zone to address
public safety concerns.
(Correspondence referred to the
Regional Municipality of Durham)
D - 3 Roger Yates, expressing concern with the narrow width of Mill Street
and the lack of a sidewalk or bicycle lane, creating a safety issue for
those walking, biking or jogging and the increased danger that will
occur over the winter months due to weather conditions.
(Correspondence referred to the
Director of Engineering Services)
D - 4 Confidential Correspondence from Brenda Kelly regarding a Property
Matter. (Correspondence to be distributed under separate cover)
(Correspondence referred to the
Director of Planning Services)
D - 5 Nancy Kelman advising of a pilot project in San Francisco where dog
excrement is collected and converted into energy by putting it into an
anaerobic digester that converts it to methane gas that can be used
for heating homes or running gas ovens and producing valuable
compost for agriculture.
(Correspondence referred to the
Region of Durham)
D - 6 James Rook, Chair, Clarington Museums and Archives Board,
requesting $1,056.45 be allocated from the Clarke Museum Reserve
Fund to pay for the installation of the original school bell on top of the
schoolhouse at the Clarke Museum. The correspondence indicates
that the work was completed in 2006 but invoiced by the Municipality
in May 2008. Mr. Rook requests that in future, the municipality issue
invoices within the fiscal year that the work is done to help ensure that
the museum's financial books are current within the operating year.
Council Meeting Minutes _ 10 - November 24, 2008
Resolution #C-549-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the request from the Clarington Museums and Archives Board for
allocation of$1,056.45 from the Clarke Museum Reserve Fund to pay for the
installation of the original school bell on top of the schoolhouse at the Clarke
Museum be endorsed.
"CARRIED"
D - 7 David and Valorie Whitehead expressing concern with the 127.4%
increase in their property taxes since 2001, the reclassification of
their property from Agricultural/Residential Farm to Environmentally
Protected without personal notification of the change, the lack of an
explanation from municipal staff as to the reclassification; and,
requesting the Municipality to reverse the decision of environmental
protection and to re-designate the land to farm status so they may
have the freedom to live on their land as they had planned to do.
Resolution #C-550-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 7 from David and Valorie Whitehead with
respect to zoning of property be referred to the Director of Planning Services.
"CARRIED"
D - 8 Mike Milinkovich, Mayor, Township of Black River-Matheson,
expressing concern with the increase in the number of Heads of
Council being personally attacked and publicly humiliated by
Members of Councils or Senior staff; advising when acting together,
Councillors and municipal staff receive legal protection through
municipal insurance policies but have no such protection when they
are individual targets of these attacks and must hire their own legal
Counsel to protect their good names and reputations; and,
suggesting that the Heads of Councils in Ontario create an
organization to lobby on their behalf and to offer the legal protection
that has become essential.
Council Meeting Minutes - 11 - November 24, 2008
Resolution #C-551-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D — 8 from Mike Milinkovich, Mayor, Township of
Black River-Matheson with respect to a Heads of Council Organization be
received for information.
"CARRIED"
D - 9 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington
advising Council that on November 13, 2008, the Agricultural
Advisory Committee of Clarington adopted the following resolution
pertaining to the ban on pesticides for cosmetic use:
"WHEREAS the Provincial government is committed to protecting
families by introducing a new toxics reduction strategy to reduce
pollution and protect Ontarians from toxic chemicals; and
WHEREAS the first step towards implementing this strategy is the
legislation for the elimination of pesticides for cosmetic purposes
which passed on June 18,2008; and
WHEREAS the Province's own literature does not clearly articulate
that under Regulation 914 there are exceptions to the ban including
agriculture, forestry, golf courses and promotion of public health and
safety; further the Province's communications indicate that the
government has "listened to medical experts — like the Canadian
Cancer Society —who has made a convincing case for reducing our
exposure to pesticides"; and
WHEREAS the Canadian Cancer Society's November 2008
Conference is centered on the use of agricultural pesticides on food
to the point that it would appear that they would like to ban pesticide
use for food production; and
WHEREAS each different pesticide is licensed by the federal body,
the Pesticide Management Review Agency (PMRA) who establishes
the rules that the applicator must use when applying the pesticide;
and
WHEREAS the Province's Right to Farm Legislation protecting
farming activities does not protect farmers from inquiries by adjacent
residents; particularly when urban residences are in close proximity
to rural areas such as the edge of urban settlement areas in the
greenbelt and whitebelt; and
Council Meeting Minutes - 12 - November 24, 2008
WHEREAS the Ministry of Environment often take a more stringent
stance when enforcing than the guidelines recommended by PMRA;
and
WHEREAS the Province's communications and public education
regarding pesticides has to be framed in such a manner as to not
cause consumers to become paranoid about the positive uses of
pesticides in the production of food, the control of harmful and
noxious pests and for health and safety as set out in Ontario
Regulation 914; now
THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington request the Province have the Ministry of the Environment
work with the Ministry of Agriculture, Food and Rural Affairs to
ensure that their communications and educational materials
regarding the ban on pesticides for cosmetic use clearly articulate
the provinces support for the appropriate use of pesticides by
farmers including those that farm near urban areas; and further that
the province ensure that the Ministry of the Environment provide
public information material along with their cosmetic pesticide
communication material that addresses the licensing process for
farmers in Ontario who apply pesticides; and further that the
Province ensure that the Ministry of Environment enforcement
officers work in concert with PMRA and that when considering
amendments to the Planning Act a Minimum Distance Separation be
established for urban and sub-urban residences from farmland; and
that this resolution be circulated to all members of the Association of
Municipalities of Ontario."
Resolution #C-552-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the Clarington Agricultural Advisory Committee with
respect to a ban on pesticides for cosmetic use be endorsed.
"CARRIED"
Council Meeting Minutes - 13 - November 24, 2008
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report November 17,
2008
Resolution #C-553-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of November 17,
2008 be approved.
"CARRIED"
STAFF REPORT(S)
1. Confidential Verbal Report of the Chief Administrative Officer— Local 3139
Clarington Firefighters' Association Negotiations
2. Confidential Report from the Solicitor— Potential Litigation Affecting the
Municipality
Resolution #C-554-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Staff Report#1 - Confidential Verbal Report of the Chief Administrative
Officer— Local 3139 Clarington Firefighters' Association Negotiations and Staff
Report #2 - Confidential Report from Solicitor— Potential Litigation Affecting the
Municipality be referred to a closed session of Council for consideration following the
Notice of Motion Section.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
UNFINISHED BUSINESS
There was no Unfinished Business introduced under this section of the Agenda.
Council Meeting Minutes - 14 - November 24, 2008
BY-LAWS
Resolution #C-555-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-202 and 2008-203 inclusive;
2008-202 Being a by-law to amend By-law 86-112, a by-law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington
2008-203 Being a by-law to exempt certain portions of Registered Plan
40M-2094 from Part Lot Control; and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
Resolution #C-556-08
Moved by Councillor Woo, seconded by Councillor Foster
THAT, in accordance with Section 239 of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of receiving reports with respect to personnel
matters and potential litigation affecting the Municipality.
"CARRIED"
The meeting resumed in open session at 9:10 p.m.
The Mayor advised that a closed meeting of Council was held in accordance with
Section 239 of the Municipal Act. Two matters were considered; one personnel issue
and one legal issue.
During the closed session, the Chief Administrative Officer provided a verbal report
with respect to the personnel matter regarding the Firefighter Association
Negotiations.
Council Meeting Minutes - 15 - November 24, 2008
Resolution #C-557-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the confidential verbal report of the Chief Administrative Officer regarding the
Local 3139 Clarington Firefighters' Association Negotiations be received for
information.
"CARRIED"
During the closed session, the Solicitor provided an explanation of his confidential
memorandum regarding possible litigation affecting the municipality.
Resolution #C-558-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Ministry of Environment be informed that, with regard to the Application as
amended by St. Marys Cement for an Alternative Fuel Demonstration Project at the
Bowmanville Plant, MOE Reference Number 0349-7K2LHZ, the comments of the
Director of Planning Services as set out in his letter of November 3, 2008 to Mr. Martin
Vroegh with regard to compliance with the Municipality's Zoning By-law and applicable
provisions of the Planning Act have not been addressed to the satisfaction of the
Municipality at this time.
"CARRIED"
OTHER INFORMATION
Councillor Robinson raised concern that Clarington is being overlooked in the Durham
Regional Police Services Budget in that there are no officers slated for the
Municipality. Mayor Abernethy advised that he would invite Inspector Green to a
future meeting to provide an update on police activities within Clarington.
CONFIRMING BY-LAW
Resolution #C-559-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-204, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 24th day of November, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
Council Meeting Minutes - 16 - November 24, 2008
ADJOURNMENT
Resolution #C-560-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 9:23 p.m.
"CARRIED"
MAYOR MUNICIPAL CLERK
1
FINAL LIST OF DELEGATIONS
" December 8, 2008
a) Aiden Tombs and Emily Manns - Proposed Idling Control By-Law
(Item 18 of Report #1)
b) Nadia McLean-Gagnon Regarding By-law 2008-205 - Procedural
By-Law Amendment — Presentations
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SUMMARY OF CORRESPONDENCE
DECEMBER 8, 2008
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
1 - 1 Minutes of the Santa Claus Parade Committee dated November 11,
2008. (Copy attached)
1 - 2 Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to
the Honourable Dwight Duncan, Minister of Finance and Chair of the
Management Board, requesting the Ministry of Finance to reconsider
the implementation of new assessments in light of the economic
downturn and that the request for reconsideration deadline be
extended for a further six-month period.
1 - 3 P. M. Madill, Regional Clerk, Region of Durham, writing to
Wanda Stephen, Acting General Manager, Kawartha Region
Conservation Authority, advising that on November 19, 2008,
Regional Council adopted the following resolution pertaining to
Regional Comments on A Review of the Kawartha Region
Conservation Authority:
"a) THAT the Region confirm its support for the continuation of the
Kawartha Region Conservation Authority and urge the Authority
Board to proceed to implement the findings of A Review of the
Kawartha Region Conservation Authority; and
b) THAT a copy of Report #2008-P-86 of the Commissioner of
Planning be forwarded to the Kawartha Region Conservation
Authority, the Townships of Brock and Scugog, and the other
member municipalities."
1 - 4 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors providing an update on
MPAC's 2008 activities in support of changes to the property
assessment system in the 2007 and 2008 Ontario Budgets, the
assessment update, and their commitment to customer service
excellence. The correspondence indicates that although the bulk of
MPAC's activities have been focused on the 2008 assessment
update, they are equally committed to implementing activities
including stakeholder outreach, participation at the annual Association
of Municipalities of Ontario (AMO) Conference, a new
Customer-Centred Corporate Strategy, service delivery,
implementation of the Ombudsman's recommendations and
assessment complaints regarding the downtown Toronto office
complexes collectively known as the Bank towers.
Summary of Correspondence - 2 - December 8, 2008
1 - 5 Katie Cronin-Wood, Communications Lead, Central East LHIN and
Leigh Winn-Kruck, Communications, Lakeridge Health, advising that
the Central East LHIN has designated Lakeridge Health Oshawa as a
District Stroke Centre; that the designation will allow the hospital to
hire specialized clinical staff and to purchase clot busting drugs that
can be quickly administered to minimize the effects of a stroke; and,
that the Stroke Centre will provide close to home care for Durham
Region stroke patients who previously had to travel to Toronto, Barrie,
York Region or Peterborough to access these services.
1 - 6 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on
November 19, 2008, Regional Council adopted the following
resolution pertaining to the Growing Communities Healthcare
Alliance - Durham Region's Hospital Funding Gap:
"WHEAREAS Ontarians believe in the principle of fairness; that
fairness defines who we are and how we live;
WHEREAS the high growth communities in Ontario grow at more
than twice the rate of the provincial population growth rate and are
aging at twice the provincial rate;
WHEREAS population growth in these regions will further intensify
due to Ontario's 30-year growth plan, Places to Grow;
WHEREAS as of 2008/09 Ontarian's residing in the Local Health
Integration Networks (LHINs) with high growth communities are
receiving $258 less per resident in provincial funding for local hospital
services compared to residents in other LHINs in Ontario, which
translates into a $1.4 billion annual operating funding gap for local
hospital services and these provincial funding gaps worsen each
year;
WHEREAS Durham residents as part of the Central East LHIN are
receiving $229 less per resident in provincial funding for local hospital
services when compared to the average Ontarian, which translates
into a $345 million annual operating funding gap for local hospital
services;
Summary of Correspondence - 3 - December 8, 2008
WHEREAS more than four million Ontarians living in high growth
communities are receiving $218 less per resident for provincially
funded local social services when compared to the average Ontarian,
which translates into a $708 million annual operating funding gap for
local provincially funded social services — and these provincial funding
inequities also worsen each year;
WHEREAS the Government of Ontario has acknowledged the
growing funding gaps for hospital services in high growth
communities by committing during the 2007 provincial election to
provide $100 million in additional annual operating funding to high
growth hospitals;
WHEREAS the provision of $30 million in hospital growth funding for
2008/09 still means that the provincial funding gap for hospital care
continues to widen in high growth communities;
WHEREAS the Government of Ontario has announced that it is
developing and.will implement a new Health Based Allocation Model
(HBAM) to allocate new health care resources to Local Health
Integration Networks based on patient care needs and to address
health care funding inequities in Ontario;
BE IT RESOLVED THAT in order to improve timely and local access
to hospital care in the Region of Durham and across high growth
communities in Ontario, the Durham Regional Council asks that the
Government of Ontario:
1. Speed up implementation of the $100 million hospital growth
funding commitment ensuring that growth funding is targeted to
high growth hospitals and provide growth funding for social
services;
2. Quickly implement a 'Health Based Allocation Model' (HBAM) i.e.,
population-needs-based-funding for provincial hospital and health
care services and develop a population-needs-based funding
formula for social services; and
3. Develop a health care and social services growth plan for Ontario
high growth communities to complement Places to Grow;
Summary of Correspondence - 4 - December 8, 2008
AND FURTHER THAT this resolution be forwarded to the Premier of
Ontario, the Minister of Health and Long-Term Care, the Minister of
Finance, the MPPs in Durham Region, High Growth Communities
Mayors and Chairs, and the Central East LHIN."
1 - 7 Paul Andre Larose, Ph.D., expressing concern with the gradual
erosion of free expression at Clarington Council; forwarding a series
of quotes relating to freedom that illustrate, from an historical
perspective, the perils of tempering with freedom; and, reminding
Council of the long-term consequences of what appears at first sight
to be a convenient political expedient.
1 - 8 Linda Gasser expressing opposition to the direction to staff to prepare
an amendment to the Procedural By-law to limit the duration of
presentations to Council to ten minutes without the benefit of
understanding options and impacts and expressing concern with the
systematic dismantling of processes that allow the public to
participate in decisions affecting the community.
1 - 9 Doug Abernethy, Founder, Ontario RAID (Report All Impaired
Drivers), advising the Ontario Provincial Police, in partnership with
RAID, are introducing a new initiative to combat drinking and driving
by encouraging citizens to call OPP dispatch immediately if they
suspect they have spotted an impaired driver; advising the program is
currently working in over 40 OPP Detachments and that over 90,000
RAID wallet-cards have been distributed at RIDE checks by the OPP;
and, indicating that resources are available for interested
communities to get involved in the RAID program locally to raise
public awareness and have a greater impact on impaired driving.
1 - 10 Jim Richards expressing concern that democracy is being eroded by
Council with changes to the Procedural By-law in limiting delegations
to speaking from ten minutes to five minutes and now proposing an
amendment to the Procedural By-law to limit the time of presentations
to ten minutes; requesting Council to disregard the motion to limit the
time for presentations and to reinstate the ten minute allowance for
delegations in an attempt to reinstate freedom and democracy; and,
requesting a response, in writing, to his correspondence.
I - 11 Wayne Blackburn questioning whether Council has considered
putting the Total Hockey collection on display at Clarington sports
centres so that the residents of Clarington have the opportunity to
view it indefinitely.
Summary of Correspondence - 5 - December 8, 2008
1 - 12 Doug Robertson, Project Manager, Transportation Infrastructure,
Transportation and Field Services Branch, Region of Durham, writing
to the TDL Group Corp. regarding Tim Hortons store site
modifications at the southwest corner of Waverley Road and Baseline
Road; confirming that the Region will not proceed with the closure of
the right-in access from Regional Road 57 based on the commitment
by TDL to start construction of improvements at the site as soon as
possible to implement a permanent solution to the queue spilling back
issue at the location; and, advising the Region has retained the right
to close the right-in access from Regional Road 57 if they are not
satisfied that reasonable progress has been made on the site
improvements.
1 - 13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on November 19, 2008, Regional Council adopted the
following resolution pertaining to the Clear Bags Pilot Study
Objectives and Procedures:
"a) THAT the clear bag pilot study be limited to a three (3) month
duration from January 12 to April 10, 2009 for approximately
1,500 homes within two (2) distinct routes, one (1) each in the
City of Pickering and the Municipality of Clarington;
b) THAT the collection and enforcement process for the clear
garbage bag pilot program be based on the following process:
i) THAT the first two collections be an 'education collection' to
educate residents on the requirements of the clear bag
program;
ii) THAT the second two collections be an 'audit collection' to
evaluate the remaining diversion potential;
iii) THAT the Region's contractor exercise tolerance on the
remaining collections when proceeding with the 'enforcement
collection' when waste does not comply with the program
requirements and if left at the curb, that an explanation as to
why it was not collected be left;
c) THAT the objectives of the clear bag pilot project will be to
assess whether there is an increase in diversion and participation
in the recycling/composting programs;
Summary of Correspondence - 6 - December 8, 2008
d) THAT high-rise apartments will not be included in the clear bags
pilot study;
e) THAT the collection contractor institute an enforcement regime
whereby non-conforming refuse be left at the curbside within the
tolerance of the Region's contractor;
f) THAT staff report back at the next Works Committee meeting
with a complete synopsis of the communication strategy,
marketing strategy and advertisement plan for the implementation
of the clear bag pilot project for the City of Pickering and the
Municipality of Clarington and that the synopsis include a pre-
determined grace period for residents to allow them sufficient
time to comply with the requirements of the pilot program;
g) THAT the foregoing report be provided to all Regional Councillors
and a copy forwarded to the City of Pickering and the Municipality
of Clarington; and
h) THAT all members of Pickering and Clarington Councils, and the
members of the Works Committee be informed of the dates for
the hand-delivery of the notices advising of the commencement
of the pilot study."
1 - 14 Karen Branch advising she is not pleased with being forced to be part
of a pilot program for clear plastic bags and will not be a willing
participant and questions the enforcement process. Ms Branch feels
that Clarington residents should not have to pay taxes for refuse
collection because of the planned incinerator.
CORRESPONDENCE FOR DIRECTION
D - 1 Josie Coscarella, expressing concern with the posted speed limit of
80 km per hour on Courtice Road North, in the vicinity of 4200
Courtice Road North, permitting vehicles to travel at a dangerously
high speed in a residential environment; and, requesting the speed
limit be reduced to 60 km per hour to address safety concerns.
(Motion to refer correspondence to
the Region of Durham)
Summary of Correspondence - 7 - December 8, 2008
D - 2 Harold Sellers, Executive Director, Oak Ridges Trail Association
(ORTA), advising over 40 km of the Oak Ridges Trail is located with
the Municipality of Clarington and the Association is working with
municipalities on the trail to put in place written formal agreements
respecting the use of lands by ORTA for the purpose of the Oak
Ridges Trail; forwarding a draft agreement for consideration
addressing liability concerns, establishing standards, procedures and
responsibilities for trail maintenance and providing an opportunity for
ORTA and the municipality to communicate on a periodic basis; and
requesting the opportunity to formalize the agreement with the
Municipality for use of municipally-owned lands presently accessed
by the Oak Ridges Trail.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 3 Carol Eldridge expressing concern with the 12 hour timeframe in
which homeowners must have their sidewalks cleared of snow and
requesting an amendment to the By-law to change the timeframe to
18 or 24 hours to.recognize the difficulty the working public has in
adhering to the requirements of the by-law.
(Motion to refer correspondence to
the Municipal Clerk)
D - 4 Peter DeJong, Chairperson, Newcastle Community Hall Board,
requesting that the Board's one full-time employee be added to the
Municipality's benefit package for medical/dental coverage for 2010;
and, advising that the Board would assume responsibility for the cost
of this addition to the package.
(Motion to refer correspondence to
the Director of Corporate Services)
D - 5 Mike Sawchuck, Community Program Officer, Ontario Heritage
Trust, extending an invitation to the Municipality to participate in
Doors Open Ontario 2009, an Ontario Heritage Trust province-wide
cultural heritage tourism program, a program which raises
awareness of local history and heritage sites, garners media
attention and promotes civic pride; forwarding a Doors Open Ontario
2009 Registration Form and Information Guideline; and advising the
deadline to submit the registration form and $1,500 registration fee is
December 19, 2008.
(Motion to refer correspondence to
the Director of Planning Services)
Summary of Correspondence - 8 - December 8, 2008
D - 6 Heather and Joanne McFarland, Event Organizers, Clarington Polar
Bear Swim, requesting approval for members of Clarington Fire
Station 2 to attend the 7th Annual Clarington Polar Bear Swim to
raise awareness of the urgent need of organ and tissue donations
and to raise awareness and support for liver disease research. Last
year, $4,500 was presented to The Hospital for Sick Children.
(Motion to approve Request)
D - 7 Alex Mitchell, City Clerk, City of Cambridge advising Council that on
November 17, 2008, the City of Cambridge adopted the following
resolution pertaining to property tax assessment:
"WHEREAS significant changes have occurred to the process of
reassessing of properties since the last reassessment completed in
2005.
WHEREAS the Government of the Province of Ontario through the
introduction of Bill 187 and Bill 44 has imposed the changes in
response to public complaints and the recommendations that came
from the Ombudsman's Report into assessment activities.
WHEREAS the changes have led to a 4 year cycle for reassessing
properties with the current reassessment based on January 1, 2008
values.
WHEREAS the market value changes are being phased in over 4
years commencing 2009 for properties of all classes where there is
an increase over and above the percentage increase in'market value
for the class of property from 2005 to 2008.
WHEREAS for properties with a market value assessment that is
below the percentage increase in market value for its class, property
tax decreases will be implemented immediately.
WHEREAS the economy has recently entered into a severe
downturn resulting from a number of pressures both internal and
external including the global financial crisis.
WHEREAS the forecast is for the economy to deteriorate further in
2009 with recessionary pressures in industry and peoples day to day
lives coupled with ongoing job losses.
THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the City of Cambridge calls on the Honourable
Summary of Correspondence - 9 - December 8, 2008
Dwight Duncan, Minister of Finance of Ontario, the Honourable
Dalton McGuinty, Premier of Ontario and, the Government of
Ontario, to do what they can to help soften the blow for Ontario
residents and property owners of all classes including, a deferral of
the 4 year phase in for property tax increases by 1 year from the
present phase in of 2009, 2010, 2011 and 2012 to 2010, 2011, 2012
and 2013.
AND FURTHER THAT the motion once approved be forwarded to all
MPPs representing Waterloo Region, to the Leader of the Official
Opposition, to the Leader of the 3rd party and, through AMO, to all
other municipalities for their consideration.
(Motion for Direction)
D - 8 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Board of
GO Transit advising that on November 17, 2008, the City of
Pickering adopted the following resolution pertaining to security and
safety at GO Stations:
"WHEREAS there are over 200,000 passengers on GO trains and
buses every weekday; and
WHEREAS there are about 50,000 parking spots available at GO
parking lots used by 12 million vehicles per year; and
WHEREAS GO Transit indicated that there are 350 reported
incidents of theft and vandalism annually; however, GO Transit has
no process for riders to report thefts and vandalism or GO to track;
and
WHEREAS media reports and first hand information of many theft
and vandalism incidents at GO Stations, including Pickering, are
unreported or unrecorded by GO Transit and police; and
WHEREAS many visitors indicate that they have been the victim or
know someone who has been the victim of incidents ranging from
vandalism and personal property theft to vehicle theft. Some cars
are reported with missing lights, wheels and airbags. One media
report noted that GO Transit parking lots are `auto parts stores' for
brazen thieves.
NOW THEREFORE although GO Transit has made attempts to
improve safety and security, more needs to be done
Summary of Correspondence - 10 - December 8, 2008
NOW THEREFORE BE IT RESOLVED THAT the City of Pickering
requests that GO Transit put in place the following measures:
- provide better education to riders to protect themselves and
their personal property
- establish a formal reporting and tracking process through GO
Transit staff and online for riders to report incidents and that
through advertising, GO Transit make riders aware of the
processes to report incidents to GO Transit and police
- that GO Transit record and report all incidents and compile and
share this information with the local police services and to
riders through its newsletters and online to municipalities in
which it operates
- GO Transit increase staff and enforcement at GO Stations and
pedestrian and parking areas to improve safety and security of
property
- improve lighting, particularly in well used pedestrian areas
- increase closed circuit television cameras
- other safety and security measures as appropriate
AND FURTHER THAT a copy of this resolution be shared with
Durham municipalities, the GO Transit Board, Durham Regional
Police Services and MPP's for Ajax-Pickering and Scarborough
East-Pickering."
(Motion for Direction)
D - 9 Debi A. Wilcox, City Clerk, City of Pickering, writing to P. Madill,
Regional Clerk, Region of Durham, advising that on November 17,
2008, the City of Pickering adopted the following resolution
pertaining to Durham Region Anti-Violence Intervention Strategy:
"WHEREAS the Ministry of Community Safety and Correctional
Services is committed to ensuring that Ontario's communities are
supported and protected by law enforcement and public safety
systems that are safe, secure, effective, efficient and accountable
and therefore proposed the creation of an Anti-Violence Intervention
Strategy within communities in the GTA to help combat gun related
violence and other street level crime; and
Summary of Correspondence - 11 - December 8, 2008
WHEREAS the aim of the Anti Violence Intervention Strategy is to
utilize intelligence already gathered to identify areas within a
community where high incidents of gang activity or violence have or
are likely to occur and to take a proactive approach aimed at
reducing violence, increasing community safety and improving the
quality of life for members of the community, who have been
impacted by this type of criminal violence; and
WHEREAS in 2007 the Ministry gave the approval for$510,000 to
be provided to the Durham Regional Police Service to create an Anti
Violence Strategy within Durham Region. The Durham Region Anti
Violence Strategy (DRAVIS) was created and became operational in
early 2008; and
WHEREAS the City of Pickering and its residents view crime and
crime prevention to be of the utmost importance and contribute to a
more sustainable community through Sustainable Pickering lens of
healthy society; and
WHEREAS it is widely believed that crime prevention cannot be
accomplished without the community's involvement and
understanding, which is at the core of the DRAVIS program. Officers
are deployed in uniform and maintain a high level of visibility within
the community by patrolling areas in marked patrol cars, on foot and
during warmer weather on police bicycles. Additionally officers
assigned to DRAVIS distribute, to area residents, specially printed
business cards outlining the DRAVIS program and empowering the
community with knowledge in order to be involved in the prevention
of neighbourhood crime; and
WHEREAS the DRAVIS program has been a successful program in
Durham Region with the prevention of crime, empowering
community members and creating more visibility of our Police
Services. To date there have been 110 DRAVIS initiatives
completed in Durham Region and has resulted in 2098 street
checks, 507 arrests, and 16 weapons seized including 1 firearm;
NOW THEREFORE the City of Pickering resolves to
Minister Bartolucci, Minister of Community Safety and Correctional
Services that the City of Pickering supports and requests that the
Anti Violence Intervention Strategy program is continued in Durham
Region and that continual funding be provided to Durham Regional
Police Services in order for the operation of DRAVIS to continue
throughout our region and ensure crime prevention initiatives are
continued.
Summary of Correspondence - 12 - December 8, 2008
AND FURTHER a copy of this resolution be forwarded to
Sergeant Mariano, Durham Regional Police Services, Durham MP's,
Durham MPP's, Durham Regional Council and all Durham municipal
Councils for endorsement and further, that the endorsements be
forwarded to Minister Bartolucci."
(Motion for Direction)
D - 10 David Kelly, Chair, Clarington Accessibility Advisory Committee,
advising Council that on December 2, 2008, the Clarington
Accessibility Advisory Committee adopted a resolution
recommending that Clarington Council endorse the following
resolution of the Regional Municipality of Durham pertaining to Bill
94: Social Assistance Statutes Law Amendment Act (Registered
Disability Savings Plans):
"a) THAT Durham Region Council supports Bill 94;
b) THAT staff be directed to write a letter to the Minister of
Community and Social Services indicating such support, and
attaching a copy of Report#2008-A-43; and
c) THAT a copy of the letter and Report #2008-A-43 be forwarded to
the Premier of Ontario, Durham's MPPs, area municipalities and
area Accessibility Advisory Committees."
(Motion for Direction)
D - 11 Jack Gibbons, Chair, Ontario Clean Air Alliance, advising the
Alliance has launched a campaign to build public support for a
Nuclear Cost Responsibility Act, which if enacted, would make it
illegal for nuclear power companies to pass their capital cost
overruns onto Ontario's taxpayers or electricity ratepayers;
forwarding a copy of their Nuclear Cost Accountability Petition, fact
sheet and handbill; and, requesting Council to consider signing the
petition.
(Motion for Direction)
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SANTA CLAUS PARADE - MINUTES OF MEETING
November 11, 2008
Program Meeting
Start Time: 6:50 p.m. End Time: 7:40 p.m.
Attendance: Roger Letooze, Kathy McLaughlin, Val McCormick,
Lisa Kowal, Debbie Fernandes, Terryl Tzikas, Marie Hammond,
Dawn Longmire, Tracy Bayley-Buckle, Sheri Crago, Lisa Kowal
❖ Previous Minutes from November 3, 2008 were accepted by: Terryl
Seconded by: Debbie
All in Favour—Passed
VALERIE MCCORMICK—Chairperson
• Roy Nicholls has four cars lined up and this has been confirmed
• Walkie Talkies are all charged and ready to be picked up on Friday
• Trophy to Roger is done
• Sign is up and located at Roenick and Highway#2
• Mark changed date on Committee Float
• ACISS no float this year but will have food and toy drive
• Police — Esther working with Val, the police will be collecting toys/food with police
cruisers/van — no advertising
• 22 Police Officers will be located at Brown St., Ontario St., George St., Division St.,
Temperance St. Also officer located on at Church and Liberty and Railway Tracks
There will be two officers at 8:30 a.m. and the rest at 9:00 a.m.
Receipt for CANHOST given to Marie this is to pay for the name
Bowmanvillesantaclausparade.com.
• Val called Hospital is waiting to hear back from Administrator.
KATHY MCLAUGHLIN — Publicity
• Button ad will be in the paper at a cost of$569.00
TRACEY BAYLEY-BUCKLE— Make Up
• Has thirteen people for make up
• Juice—will purchase in next couple of days
LISA KOWAL—Volunteer Coordinator
• Only eight people for crowd control, will require approximately 15, will make more phone
calls
MARIE HAMMOND—Treasurer
• Roy Nichols pick up cars at 9:00 a.m.
• Make up 8:30 a.m.
• $5,160.00 in donations so far still waiting for$500.00 from OPG - Darlington
SHERI CRAGO— Bands
• Eight bands this year
• Less than last year
• $5,300.00 the cost this year
• Increase School bands price, table next year
DAWN LONGMIRE— Buttons, Costumes
• Posters to Roger last Thursday
• Shriners would like to be in parade, send letter next year
ROGER LETOOZE—Judging/Posters/Rogers Cable/Buttons and Button boxes
• James Publishing to call Roger when programs are ready
• Quarry Lakes everything ready to go for a 7:30 a.m. pick up
• Judges are ready
• Posters are up including Orono
• Roger has Plaque
• Pick up Walkie Talkies on Friday
TERRYL TZIKAS— Secretary
• Nothing to report at this time
DEBBIE FERNANDES— Floats and Fillers
• Thirty nine entries
Motion to Adjourn
By: Tracy
Seconded by: Kathy
All in favour— Passed
Next Meeting:
Wrap Up Meeting
Thursday November 27, 2008
Village Inn
Bowmanville,
6:30 p.m.
Upstairs on 2nd floor
•
arm n
Energizing Ontario
REPORT #1
REPORT TO COUNCIL MEETING OF DECEMBER 8, 2008
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, DECEMBER 1, 2008
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-132-08 Appeal of Official Plan Amendment 60 — Brookhill Secondary
Plan
(b) OPD-009-08 Heavy Rain Events 2008
(c) CSD-025-08 Clarington Older Adult Association Strategic Plan
(d) Delegation — Linda Gasser— Regarding Procedural By-law Amendments
2. 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
THAT Report PSD-124-08 be received;
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
THAT all interested parties listed in Report PSD-124-08 and any delegations be
advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report#1 2 December 8, 2008
3. PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO
PERMIT 426 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS BUSINESS
PARK LTD.
THAT Report PSD-125-08 be received;
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; and
THAT all interested parties listed in Report PSD-125-08 and any delegations be
advised of Council's decision.
4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF NOVEMBER 13, 2008
THAT Report PSD-127-08 be received; and
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.
5. MINUTES OF SETTLEMENT FOR APPEAL OF MINOR VARIANCE FOR PAUL
AND SHARON JEFFERSON
THAT Report PSD-128-08 be received;
THAT Council approve the Minutes of Settlement between Paul and Sharon
Jefferson and the Municipality of Clarington contained in Attachment 2 to Report
PSD-128-08;
THAT the By-law authorizing the Mayor and Clerk to execute the Minutes of
Settlement contained in Attachment 3 to Report PSD-128-08 be approved; and
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.
Report#1 3 December 8, 2008
6. 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
THAT Report PSD-129-08 be received;
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;
THAT the Regional Municipality of Durham Planning Department be sent a copy of
Report PSD-129-08; and
THAT all interested parties listed in Report PSD-129-08 and any delegations be
advised of Council's decision.
7. AMENDMENT TO APPLICATION FEES BY-LAW
PLANNING AND DEVELOPMENT APPLICATIONS
THAT Report PSD-131-08 be received; and
THAT the By-law Amendment (Attachment 1 to Report PSD-131-08), 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.
8. PORT GRANBY PROJECT — EXTENSION OF CONTRACT FOR MUNICIPAL
PEER REVIEW SERVICES
THAT Report PSD-126-08 be received;
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;
THAT the total funds required be expensed to Account 100-50-385-10175-7160;
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
THAT all interested parties be advised of Council's decision.
Report#1 4 December 8, 2008
9. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO
PERMIT A WIDER RANGE OF COMMERCIAL USES
THAT Report PSD-077-08 be lifted from the table;
THAT the Addendum and Addendum 2 to Report PSD-077-08 be received;
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 to
Report PSD-077-08 and that the necessary by-law be passed;
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 Report PSD-077-08 be passed as amended to:
• allow 30,000 square feet in aggregate across both zones as referenced in
1.20.4.14 d.ii) and 2.20.4.15 d.iii) and iv).
• delete 2.20.4 15 d.i) (dealing with restrictions imposed upon issues of
buildings unless a building permit has been issued for a hotel) and replace
it with a new C-5 that only permits a hotel;
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;
THAT prior to adopting the proposed amendments, an agreement of purchase and
sale be 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;
THAT an appropriate by-law be passed for the Mayor and Clerk to execute an
agreement;
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;
THAT the Director of Planning Services continue to work with the developer to
define the appropriate hotel area on the subject lands; and
THAT all interested parties listed in Addendum 2 to Report PSD-077-08 and any
delegations be advised of Council's decision.
Report #1 5 December 8, 2008
10. VALIANT SUBDIVISION PHASE 3, BOWMANVILLE PLAN 40M-2020
`CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY-LAWS', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD-052-08 be received;
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
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.
11. 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
THAT Report EGD-053-08 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Roads and Above Ground Services, which include roads and
other related Works, constructed within Plan 40M-1734; and
THAT Council approve the by-laws attached to Report EGD-053-08, assuming
certain streets within Plan 40M-1734 as public highways.
12. 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
THAT Report EGD-054-08 be received and approved; and
THAT Council pass a by-law (Attachment 1 to Report EGD-054-08) 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 Report EGD-054-08 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.
13. MUNICIPAL GRANT REVIEW
THAT Report CSD-024-08 be received;
THAT the revised Community Grant Policy (Attachment #1 to Report CSD-024-08)
and Community Grant Application Form (Attachment#2 to Report CSD-024-08) be
approved;
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;
Report#1 6 December 8, 2008
THAT $5,000.00 be removed from the Grant Program funds and transferred to
Corporate Services to be applied only to the assistance in funding Canada Day
celebrations;
THAT funding of the Municipal Grant Program of$1 per capita, less $5,000.00
transferred to Corporate Services, be preserved; and
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.
14. DECOMMISIONING NEWCASTLE LIONS POOL
THAT Report CSD-020-08 be received;
THAT staff be authorized to take the necessary action to decommission the
Newcastle Lions Pool;
THAT the property be transferred to the Municipal Parkland Inventory;
THAT staff be authorized to liaise with the Lions Club of Newcastle in designing
and dedicating an appropriate commemorative plaque;
THAT all necessary funds be drawn from the proposed 2009 Newcastle Lions Pool
operating budget; and
THAT the Lions Club of Newcastle be advised of action taken.
15. REPEAL OF HERITAGE DESIGNATION BY-LAW
THAT Report CLD-032-08 be received;
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 approved;
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.O.18 and detailed within Report CLD-032-08; and
THAT the property owner, the Clarington Heritage Committee and the Ontario
Heritage Trust be advised of Council's decision.
Report #1 7 December 8, 2008
16. ZONING INFRACTION — KINGSVIEW COURT, COURTICE —
MR. ALFRED FRENDO-COMBO
THAT Report CLD-033-08 be received;
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
THAT Alfred Frendo-Cumbo be advised of Council's decision.
17. SCHEDULE OF MEETINGS —2009 - 2010
THAT Report CLD-034-08 be received; and
THAT the meeting schedule for 2009 and 2010 be amended as reflected in
Attachment No. 1 to Report CLD-034-08.
18. PROPOSED IDLING CONTROL BY-LAW
THAT Report CLD-035-08 be received;
THAT the By-law to prohibit excessive vehicle idling, attached to Report
CLD-035-08, be approved; and
That the interested parties listed in Report CLD-035-08 be advised of Council's
decision.
19. 2007 AUDIT MANAGEMENT LETTER COMMENTS AND RECOMMENDATIONS
THAT Report FND-030-08 be received; and
THAT the actions taken as identified in the attachment to Report FND-030-08 be
endorsed.
20. NOT SUFFICIENT FUNDS (NSF) FEES INCREASE
THAT Report FND-031-08 be received;
THAT Council approve the NSF fee increase to $35.00, effective January 1, 2009;
and
THAT Council approve a charge of$35.00 for refund cheques to Mortgage
Companies effective January 1, 2009.
Report#1 8 December 8, 2008
21. OPG NUCLEAR NEW BUILD
THAT Report CAO-011-08 be received;
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
THAT the CAO report back at the appropriate time for Council's consideration
when a tentative agreement is reached.
22. PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON
CATHOLIC DISTRICT SCHOOL BOARD SURPLUS PROPERTY SALE
ST. STEPHEN'S ELEMENTARY SCHOOL
THAT Addendum to Report PSD-111-08 be received;
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
THAT the Peterborough Victoria Northumberland and Clarington Catholic District
School Board and all interested parties be notified of Council's decision.
23. RFP2008-9, SALE OF TOTAL HOCKEY ASSETS & LICENSING OF TOTAL
HOCKEY TRADE MARK
THAT Addendum to Report COD-069-08 be received;
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;
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;
THAT the requirements of the Purchasing By-law be waived; and
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 time.
24. DELEGATION — LINDA GASSER— REGARDING PUBLIC CONSULATION
THAT the delegation of Linda Gasser be received with thanks.
Report #1 9 December 8, 2008
25. DELEGATION — RICHARD WARD — REGARDING PROPERTY STANDARDS
ORDER
THAT Mr. Richard Ward be denied from making any future delegations to
Committee or Council pending receipt of a letter acknowledging that he will not
make slanderous comments during his delegation.
26. LOTTERY LICENSING — REQUEST FOR PROCESS STREAMLINING
WHEREAS The Executive Council, under the recommendation of the Lieutenant
Governor, issued Order in Council 1413/08 regarding lottery schemes;
AND WHEREAS the Order in Council 1413/08 provides the Municipality the option
to issue lottery licences provided that those licences are issued within the
Registrar's requirements, the proceeds from the lottery scheme will be used for a
charitable objects or purposes providing a direct benefit to the residents of Ontario,
and the proposed event will be conducted in accordance with the Gaming Control
Act, 1992 and its regulations;
AND WHEREAS By-law 94-30, as amended, provides for the licensing of lottery
events within the Municipality of Clarington;
AND WHEREAS charitable organizations within our community rely heavily on
volunteers from the community at large in order to organize their various functions
and activities;
AND WHEREAS many of our charitable works within our community are funded
through various lottery activities;
AND WHEREAS the regulations set forth by the Alcohol and Gaming Commission
of Ontario are very onerous, strict and time consuming for the charitable
organizations and the lottery licensing officers within the Municipal Clerk's
Department;
AND WHEREAS it is understood that these strict rules are enforced to ensure that
the lottery proceeds are applied towards approved charitable works;
AND WHEREAS the charitable organizations are finding it increasingly difficult for
their volunteers to take on the necessary functions to comply with the AGCO's
Terms and Conditions respecting lottery events;
AND WHEREAS in 2005 the AGCO initiated a project to modernize charitable
gaming with the focus being on eight key areas for review including
"Stream Iinig/simplifying administration";
AND WHEREAS staff have previously submitted comments and
recommendations, in response to the AGCO's survey, a component of their
modernizing project, proposing options for streamlining and simplifying the
application and reporting process;
Report#1 10 December 8, 2008
AND WHEREAS no improvements have been made to streamline or simplify the
application, reporting or administration processes respecting Break Open Tickets
or Raffles;
NOW THEREFOR BE IT RESOLVED THAT the Municipality of Clarington request
the Alcohol and Gaming Commission of Ontario to expedite its Modernization of
Charitable Gaming Project, in particular the application, reporting and
administration processes respecting Break Open Tickets and Raffles; and
THAT a copy of this resolution be forwarded to the Premier of Ontario, John
O'Toole, MPP, and all municipalities within Ontario seeking their endorsement.
STAFF REPORT # 1
'
ar n
Leading the Way REPORT
CLERK'S DEPARTMENT
Meeting: COUNCIL
Date: December 8, 2008
Report#: CLD-036-08 File #: By-law#:
Subject: TEMPORARY APPOINTMENT— ORDER TO RESTRAIN APPEALS
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report CLD-036-08 be received;
2. THAT Tom Vendrasco, Municipal Law Enforcement Officer, be appointed to conduct
Order to Restrain Appeal hearings during the absence of the Manager of Municipal Law
Enforcement; and
3. THAT the necessary by-law be forwarded to Council.
Submitted by: a t ar ' , CMO Reviewed by: Franklin Wu,
uN Clerk Chief Administrative Officer
PLB*LC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-036-08
BACKGROUND
The Manager of Law Enforcement will be absent from work for an undetermined amount of
time due to an illness. During this time, the Municipal Clerk and Deputy Clerk will perform the
duties of the position. There is, however, one area which needs to be addressed by Council.
By-law 2006-227 regulates animals within the limits of the Municipality. Section 5.2 of the
by-law specifically addresses the issue of Orders to Restrain and the process to be followed in
the issuance and the appeals of the Orders. Section 5.2.5 provides that, upon application, a
hearing will be. held to determine whether the order should be revoked or amended and that
this hearing is to held by the Manager of Municipal Law Enforcement. During the time of the
Manager's absence, it is recommended that Tom Vendrasco, Municipal Law Enforcement
Officer, be appointed to conduct the hearings. Mr. Vendrasco has experience in this area from
his past employment in Whitchurch-Stouffville and Georgina.
Accordingly, it is recommended that the by-law attached hereto be passed by Council.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2008-
Being a By-law to amend By-law 2006-227, a by-law to licence, regulate and
prohibit certain animals or classes thereof within the limits of the Municipality of
Clarington, or defined areas therein
WHEREAS Council has adopted the recommendations contained in Report
CLD-36-08;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE
MUNICIPALITY OF CLARINGTON:
THAT By-law 2006-227 be amended by adding the following wording to
the definition of Manager of Municipal Law Enforcement:
"During periods of extended absence of the Manager of Municipal
Law Enforcement, Tom Vendrasco, Municipal Law Enforcement
Officer shall manage the duties and responsibilities of the position
as detailed within this by-law."
BY-LAW read a first time second and third time this 8th day of December 2008.
Jim Abernethy, Mayor
Patti L. Barrie CMO, Municipal Clerk
SUMMARY OF BY-LAWS
DECEMBER 8, 2008
BY-LAWS
2008-205 Being a by-law to amend By-law 2007-227, a by-law to govern the
proceedings of the Council of the Municipality of Clarington, its
General Purpose and Administration Committee and Special
Committees (Approved by Council on November 24, 2008)
2008-206 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
(Item 5 of Report #1)
2008-207 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 (Item 7 of Report#1)
2008-208 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 Consulting Services, Port Granby Long-Term Low-Level
Radioactive Waste Management (Item 8 of Report#1)
2008-209 Being a by-law to establish certain lands as public highway, assume
them for public use and name them (Item 10 of Report #1)
2008-210 Being a by-law to assume a certain street within the Municipality of
Clarington as public highway in the Municipality of Clarington
(Item 10 of Report#1)
2008-211 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington (Item 11 of
Report#1)
2008-212 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington (Item 11 of
Report#1)
2008-213 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 (Item 12 of Report#1)
Summary of By-laws - 2 - December 8, 2008
2008-214 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 (Item 15 of Report #1)
2008-215 Being a by-law to amend Clarington Traffic By-law 91-58 by
prohibiting excessive idling of vehicles in the Municipality of
Clarington (Item 18 of Report #1)
2008-216 Being a by-law to amend By-law 2006-227, as amended, a by-law
to licence, regulate and prohibit certain animals or classes thereof
within the limits of the Municipality of Clarington, or defined areas
therein (Staff Report #1)
HANDOUTS/CIRCULATIONS
COUNCIL
i
C1ari� 1 MEMO
(,eading the Way� ,.
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: Patti L. Barrie, Municipal Clerk
Date: December l5, 2008
Subject: COUNCIL AGENDA — DECEMBER 8, 2008
Please be advised of the following additions to Monday's meeting:
DELEGATIONS
See Final List of Delegations attached.
COMMITTEE REPORT(S)
Item 18 of Report #1 - Proposed Idling Control By-Law
Attached please find informjation on charges and Court outcomes relating to Idling Control
by-laws enacted by other municipalities as requested at the General Purpose and
Administration Committee meeting of December 1, 2008.
Item 23 of Report # 1 - RFF2008-9, Sale of Total Hockey Assets & Licensing of Total Hockey
Trade Mark
The following motion is presented for consideration with respect to Item 23 of Report#1:
"WHEREAS Councilis interested in confirming the value of the Total Hockey
Artifacts as a Municipal Asset;
NOW THEREFORE BE IT RESOLVED:
THAT Council hereby directs staff to request an appraisal of the Total Hockey Artifacts,
by the author of the appraisal of December 1998, Philip Pritchard/Craig Campbell with a
view to confirm the original 1998 value assigned to the artifacts, and
THAT the updated appraisal identify the reason for any difference in the value of the
artifact from its original estimate, to the updated appraised value."
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO PAGE 2
STAFF REPORT(S)
Attached please find Report COD-070-08 — Quotation Q2008-32, By-law Snow Clearing
Services (Staff Report # 2).
UNFINISHED BUSINESS
Attached please find Addendum 3 to Report PSD-077-08 - Applications to Amend the
Clarington Off�ial Plan and Zoning By-law by Bowmanville Creek Developments Inc. to Permit
a Wider R ge)of Commercial Uses.
Patti L. Barrie, CMO
Municipal Clerk
PLB:cf
i
cc: Frank Wu, Chief Administrative Officer
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FINAL LIST OF DELEGATIONS
December 8, 2008
a) Aiden Tombs and Emily Manns - Proposed Idling Control By-Law
(Item 18 of Report#1)
b) Nadia McLean-Gagnon Regarding By-law 2008-205 - Procedural
By-Law Amendment — Presentations
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RE PORT
CORPORATE SERVICES DEPARTMENT
Meeting: COUNCIL
Date: Monday, December 8, 2008
Report#: COD-070-013 File # By-law#
Subject: QUOTATIO� Q2008-32, BY-LAW SNOW CLEARING SERVICES
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-070-08, be received;
2. THAT D & F Snow Removal, Bowmanville, Ontario, with a total bid in the amount
of$11,712.00 for a I sections including Section I, Courtice and Hampton, Section
2, Bowmanville and Section 3, Clarington East and Orono, excluding GST, being
the lowest respons ble bidder meeting all terms, conditions and specifications of
quotation Q2008-32, be awarded the contract for Snow Clearing for the term
commencing imme iiately and expiring on November 30, 2009;
3. THAT pending satisfactory service the contract be extended for a second and
third year; and
4. THAT the required(funds be drawn from the respective year's operating budget
for snow clearing. j
Submitted by: Reviewed by�
Mane Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of rporate Services Chief Administrative Officer
MM%\JDB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, B WMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169
REPORT NO.: COD-070-08 PAGE 2
1. BACKGROUND AND COMMENT
1.1. On November 3, 2008 the General Purpose and Administration Committee
reviewed Report # OD-068-08, copy attached as Schedule A. Due to the high
cost of the services quoted by the single bidder, Committee directed that the
can
quotation be Iled and the services of snow clearing and winter maintenance
be re-issued; and that staff report back on the servicing options.
1.2. On receipt of the a ove direction staff reviewed the terms, conditions and
specifications of th quotation and revised the requirements to break the
municipality into th ee areas. This would allow an award to one or more bidders
and, to accommodate the large geographic area allow bidders to take into
consideration the t avel time to reach distant areas covered by the contract.
Other minor chang s were made to deal with timing and hours of work.
1.3. The amended request for quotation was advertised and issued for snow clearing,
sanding, and removal services as required by the Municipal Clerk's Office, By-
law Enforcement fc r the period ending November 30, 2009. The quotation also
makes provision for an extension of the contract for up to two (2) one (1) year
terms.
1.4. Subsequently bids were received and tabulated as per Schedule "B" attached.
Bid prices quoted for snow clearing and sanding/salting have been extended to
reflect the estimated price for a winter season using the callout requirements of
the 2006-07 seaso . The estimated cost for the same service using average
annual callout hist ry for the 2006-07 and 2007-08 winter is also shown for
reference in the ev nt that we experience similar severe winter conditions.
2. ANALYSIS
2.1. A total of six bids were received. Four bids provided pricing for all three areas
whereas bid five covered Areas 1 and 2, Courtice, Hampton and Bowmanville
and the sixth bid pr vided pricing for Area 3, Clarington East and Orono area.
REPORT NO.: COD-070-08 PAGE 3
2.2. The attached tabulation estimates the cost for the provision of the services
required for the clearing and salting/sanding services required for a typical
season using bidder supplied unit prices and estimated distance. In addition to
the clearing salting/sanding services the quotation makes provision for snow
removal and snow clearing salting/sanding for a snow fall in excess of the 20
centimetres. As w do not have annual usage for these areas of snow removal
and heavy snow 11 clearing the unit prices are provided for information. In each
instance the low bi meeting requirements of the quotation are being
recommended.
2.3. Staff have met wit'} the recommended bidder, D&F Snow Removal Services, to
discuss the requirements of the quotation. In addition, the issues that arose
during the previous contract were reviewed and solutions sought to resolve or
minimize the possibility that similar problems will occur in the new agreement.
Staff is satisfied that the contractor understands and will comply with the
requirements of th proposed contract.
3. FINANCIAL IMPLICATIONS
3.1. The funds required will be drawn from Municipal Law Enforcement Division's
Snow Removal op rating account and recovered from the property owner.
3.2. Queries with resp t to department needs, specifications, etc., should be referred
to the Municipal Cl rk.
3.3. After further review and analysis of the bids by the Municipal Clerk's Department
and Purchasing, it as mutually agreed that the low bidder, D&F Snow Removal
Services, Bow Ville, Ontario, be recommended for the contract for the
Municipal Law Enf I rcement Snow Removal.
3.4. This report has been reviewed for recommendation by the Purchasing Manager
and the appropriate department and circulated as follows:
Concurrence: Municipal Clerk
Attachments:
Schedule "A"— Report C D-068-08
Schedule "B"— Bid Tabul tion
SCHEDULE "A"
Clarington
-'� Leadtngthe Way
REPORT
a CORPORATE SERVICES DEPARTMENT
'
Meeting: GENERAL PURPOSE AND g ADMINISTRATION COMMITTEE
Date: NOVEMBER 3, 2008
Report#: COD-068-08 File # By-law #
Subject: Q2008-28, SNOW CLEARING AND WINTER MAINTENANCE FOR
MUNICIPAL LAW ENFORCEMENT
Recommendations:
'j It is respectfully recommended that the General Purpose and Administration Committee
`d recommend to Council the following:
1. THAT Report COD-068-08 be received;
2. THAT Dicon Construction, Pickering, Ontario being the only compliant bidder
meeting all terms, conditions, and specifications of Quotation Q2008-28, be
awarded the contract for the Snow Clearing and Winter Maintenance as required
by the Municipal Law Enforcement Office Division of Municipal Clerk's
Department for a one year period; and
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3. THAT the total funds required be drawn from the operating budget as required.
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Submitted by: Reviewed by:
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rie Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate Services Chief Administrative Officer
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MM/N I/Jt71KM
{ CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
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REPORT NO.: COD-068-08 PAGE 2
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1.0 BACKGROUND AND COMMENT
1.1 Quotation specifications were prepared and issued, as required by the
Municipal's Clerk's Department.
1.2 Quotations were advertised electronically. Subsequently, quotations were
7 downloaded and picked up by a number of potential bidders. Only one
submission was received and projection of cost estimates are provided in
Schedule "A" attached.
b
2.0 ANALYSIS
:j 2.1 As there is no sure way of determining the cost for the upcoming year, due to the
inability to predict the snow fall or the number of properties which are required to
it be cleared, we have projected the costing using historical usage. The first is
assuming that the work to be completed in 2008/09 season is equivalent to the
work completed during the 2007/08 season. If the exact number of metres to be
cleared in 2008/09 is equal to the number of metres in 2007/08, then the cost to
complete the work would be approximately $219,446.00 (Excluding GST)
compared to last year's cost of $28,269.20 (excluding GST). Last year we
experienced a heavier than normal snowfall therefore, if we were to average the
number of metres cleared in 2006/07 and 2007/08 the cost would decrease to
approximately $142,017.00 (excluding GST). See attached Schedule 'A'.
2.2 As there is only one bidder, the recommendation is to award to this bidder for a
one year period. During this year, the Municipality will investigate alternatives
for securing pricing for the following and future years.
2.3 The low bidder has not performed work for the Municipality of Clarington
however rf
references prove to be satisfactory.
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j REPORT NO.: COD-068-08 PAGE 3
{ 3.0 FINANCIAL IMPLICATIONS
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3.1 The funds required will be drawn from Municipal Law Enforcement Division's
Snow Removal operating account and recovered from the property owner.
a
3.2 Queries with respect to department needs, specifications, etc., should be referred
to the Municipal Clerk.
3.3 After further review and analysis of the bids by the Municipal Clerk's Department
and Purchasing, it was mutually agreed that the low bidder, Dicon Construction,
Pickering Ontario, be recommended for the contract for the Municipal Law
Enforcement Snow Removal.
{
Concurrence: Municipal Clerk
Attachments:
' Schedule "A" — Cost Comparison Chart
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Leading rbe Way
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Schedule "A"
Cost Comparison for Snow Clearing
for Municipal Law Enforcement Division
Pricing Based on Dicon Construction Rates
Rates and Rates and 2008/09 2008/09 2008/09 Average
Quantity for Quantity for Based on Based on of 2006107
2006/2007 2007/08 2006/07 Qty 2007/08 Qty &2007/08 Otys
Metres Plowed 3904.44 1 13184.6 3904.44 13184.6 8544.52
Cost for Plow $3,904.44 $13,184.60 $33,187.74 $112,069.10 1 $72,628.42
Metres Sanded 3904.44 13184.6 3904.44 13184.6 8544.52
Cost for Sanding $3,904.44 $13,184.60 $31,235.52 $105,476.80 $68,356.16
Call outs 33 380 33 380 206.5
Cost for Call outs 1 $165.00 1 $1,900.00 1 $165.001 $1,900.00 1 $1,032.50
Total $7 973.88 $28,269.20 $64,588.26 $219,445.90 $142,017.08
excludin GST
'4
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9
Clarington REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: Monday, December 8, 2008
Addendum 3 to
Report M PSD-077-08 File #: COPA 2005-0010 and By-law M
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 to Council the following:
1. THAT Addendum 3 to 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 1 to Addendum 3
PSD-077-08 and that the necessary by-law be PASSED at such time as the
applicant has brought their accounts with the Municipality up to date;
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
2 to Addendum 3 PSD-077-08 be PASSED at such time as the applicant has
brought their accounts with the Municipality up to date;
4. 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;
5. 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;
6. THAT an appropriate by-law be passed for the Mayor and Clerk to execute an
agreement;
REPORT NO.: Addendum 3 to PSD-077-08 PAGE 2
7. THAT copies of Report PSD-077-08 and Addendums and Council's decision be
forwarded to the Regional Municipality of Durham Planning Department; and,
8. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: ` Reviewed by:0 ' --
David Y. Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
DJ/COS/sh
December 5, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: Addendum 3 to PSD-077-08 PAGE 3
1.0 BACKGROUND
1.1 Staff has submitted two addendums to Report PSD-077-08 originally presented
to the General Purpose and Administration- GPA- Committee on July 7, 2008,
and the Addendums were presented to the same Committee on November 3,
2008. and December 1, 2008 respectively.
1.2 At the December 1, 2008 GPA Committee meeting, the Committee directed the
Director of Planning Services to change the proposed zoning bylaw to designate
a portion of the site exclusively for a hotel. The Committee also wanted to merge
the retail provisions for store sizes from both the C5-14 and C5-15 zones. The
Committee's resolution further directed the Director of Planning Services to work
with the applicant to define the location and area for the hotel zone.
2.0 DISCUSSION
2.1 Staff have prepared the attached revised by-law for Council's consideration. The
following changes have been made:
• The C5-15 zoned has been reduced to a 0.67 ha. (1.66 ac) portion of the
lands on the east side of Spry Avenue. This is the site which will be zoned
for a hotel and related accessory place of assembly (e.g. banquet hall)
• The C5-14 zone has been extended to include the north portion of the
lands east of Spry. Therefore, for retail stores with an area between 232
m2 and 46 m , a total retail floor area of 2,787 mz (30,000 square feet)
has been allocated in this zone.
• A hotel is a ermitted use on both the C5-14 and C5-15 to allow for ease
of siting a hotel when a tenant is secured.
• Clauses were included in the by-law to ensure that the zone lines between
C5-14 and C5-15 were not considered as property lines for ease for
placement of buildings on the site.
• Map 1 (Attachment 3) to this addendum reflects the final zoning categories
representing Council's direction.
2.2 We have held conversations with the applicants. However, we were not able to
reach a consensus as to the amount of land to be dedicated for the hotel zone.
The applicant suggested one acre and indicated that this amount of land was
requested by a hotel chain that was interested on the site about three years ago.
2.3 To define the area for the hotel designation, staff took into consideration the site
plan submitted by the applicant. This site plan identified the location of the
proposed hotel. In addition, staff considered the possible land needs of a hotel
similar to the Holiday Inn being built in Bowmanville. The Holiday Inn site is 0.64
ha (1.58 ac.). Therefore, staff recommends a site size for the hotel of 0.67 ha.
(1.66 ac).
REPORT NO.: Addendum 3 to PSD-077-08 PAGE 4
2.4. The proposed zone for the hotel does not include the proposed restaurant of
approximately 400 m2 shown on the site plan. This restaurant was part of the site
plan submitted by Ithe applicant. Until a hotel tenant is secured it is difficult to
determine whethertheir would be sufficient room for this restaurant. At such time
as a hotel is constructed, staff would have no objection to consider additional
uses on the C5-15 Lands.
2.5 The By-law also provides the applicant with flexibility to build the hotel with
assembly hall facilities. The assembly hall (e.g. conference centre) would have to
be part or attached to the hotel, mainly as an accessory use. Further flexibility on
the final configuration of the hotel is provided by allowing hotel uses in the C5-14
zone and by not considering the zone lines for setback purposes between the
C5-14 and C5-15 zones.
3.0 CONCLUSION
3.1 The proposed By-law attached to this addendum reflects Council objectives for
the site. In addition the proposed Zoning By-law retains many of the changes
suggested by the applicant namely:
• The proposed by-law restores 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).
• The applicant also requested to add more flexibility to store sizes originally
contemplated in their application. The By-law removes many of the retail
space sizes and only limits the number of stores between 232 m2 and 465
m2; the by-law also increases to 2787 m2 the maximum area for these
types of stores.
• In addition, the by-law removes the retail limit for the whole site as
requested by the applicants to provide them with more flexibility for
marketing the site.
• A financial institution currently not represented in the market has been
added to the permitted list of uses.
3.2 With these changes, staff considers that the proposed by-law establishes a
balance between the flexibility requested by the applicants for the development
of the whole site and the objectives of Council to see a hotel developed on the
property.
Attachments:
Attachment 1 - Amendment 54 to the Clarington Official Plan and By-law
Attachment 2 - Zoning By-law Amendment
Attachment 3 — Map 1, Proposed Zoning
Attachment 4 —Addendum 2 to Report PSD-077-08
REPORT NO.: Addendum 3 to 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
Attachment 1
To Addendum 3 to PSD-077-08
AMENDMENT NO. 54
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 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
u, 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.
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Exhibit "A", Amendment No. 54 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
° 1
® ® ® �SPECIALi
�� ■ POLICY
*.AREA E
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Change From "Environmental Protection
Area" To "Highway Commercial"
BASELINE ROAD
S
HWAY 401
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� / �Daq� � � ,yam, gad'ggtl b�Ll° ztib�°btl D°0 O
a (Z
a ] ■
' �°.SPECIAL� � �.�. � 9aQ��a s�bb�o �■
e ' ° ° t POLICY D°A� s .e �,BOaG p�y ■
a6 .. oUUg e ff :. n°A° 4 LAKE ONTARIO
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II
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
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r 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;
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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
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Patti L. Barrie, Municipal Clerk
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Attachment 2
To Addendum 3 to 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
F.'
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;
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AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
i 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;
F�
.1 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 Sections 3.14 and 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:
'I a. Definitions
=1
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
i 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
it 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;
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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 hotel
X) a retail commercial establishment;
A) a place of entertainment;
xii) a place of worship;
xiii) a private club;
xiv) a tavern;
xv) a veterinarian clinic; and
xvi) offices, located on a second floor only, unless directly related to the
primary use(s) of the ground floor.
xvii) notwithstanding subsection xvi) business and professional offices are
permitted on the round floor provided the cumulative floor space does
not exceed 232 m .
d. Regulations for Non-Residential Uses
i) The minimum floor area for a retail commercial establishment shall be
greater than 465 m2.
ii) Notwithstanding Section 20.4.14 d. i), a maximum of 2,787 m' 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.
iii) Notwithstanding Section 19.3 f), the exterior side yard for a building with
a total floor area less than 5()0 m2 shall be a minimum of 5 metres.
iv) Outdoor storage is prohibited.
"i v) a zone line is not a property line for purposes of determining setbacks
between the C5-14 and C5-15 zones
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
!i 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
yyi 24 metres."
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2. Section 20.4 "SPECIAL EXCEPTIONS — SPECIAL PURPOSE COMMERCIAL (C5)
,I 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 Sections 3.14 and 20.1, those lands zoned C5-15 on the Schedules
to this By-law shall be used subject to the following permitted uses:
a. Residential Uses
Prohibited
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b. Non-Residential Uses
i) a hotel;
ii) an assembly hall as part of or attached to a hotel
C. Regulations for Non-Residential Uses
i) Any hotel must contain a minimum of 85 guest rooms available to members of
the travelling public.
ii) a zone line is not a property line for purposes of determining setbacks
between the C5-14 and C5-15 zones.
iii) Outdoor storage is prohibited.
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"
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h' "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 ((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";
II, "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.
5. Schedule"A"attached hereto shall form part of this By-Law.
'{ 6. 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
'N
Jim Abernethy, Mayor
II
? Patti L. Barrie, Municipal Clerk
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This is Schedule to By-law 200
passed this day of 2008 1
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Zoning 1
Zoning Change From 1 '
Zoning Change From "C5"To"EP"
/ Zoning Change From ' To
Zoning Change From 1
Zoning Change From "EP-2"To"(H)C5-14"
Jim Abernethy, Mayor f 4�sf Zoning Change From 1
Zoning Change From
Zoning Change From To
Zoning Change From "EP" To"(H)C5-15"
Patti L. Barrie, Municipal Clerk li'i'i'i'i
SAS y, Zoning Change From 1
♦ ♦ Zoning 1 Remain
BOWMANVILLE 2005-058
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Attachment 4
To Addendum 3 to PSD-077-08
Q rington REPORT
�ng�heway
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;
i
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. b
p e APPROVED as indicated in Attachment 1 to Addendum 2
PSD-077-08 and that the necessary by-law be PASSED;
l 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
'I 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;
G,
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
,7 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.LP., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
DJ/COS/sh
November 20, 2008
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO UC 3A6 T(905)623-3379 F (905)623-0830
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 i) 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
N 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
If 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
j
20.4.15 d (i) (Regulations for Non-Residential Uses) as follows:
I
"No building may be used on any one 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
"I hotel and the Chief building Official has approved the completed foundation"
d{
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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 Ciarington
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
'I Developments has proposed a hotel from the commencement of the application
N 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
Ij contained in Attachment 2 to this Addendum report. The suggested revision to
the proposed Zoning By-law, coupled with Staffs recommendation to allow
private open space associated with a hotel, would provide a strong incentive to
,y 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
;g 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
'I
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
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j Attachment 1
_ Addendum 2 To
AMENDMENT NO. 54 Report PSD-077-08
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
iJJ PURPOSE: The purpose of this amendment is to permit a greater range of retail
'p 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:
I
1. By including an exception to Section 23.14 to create Section
23.14.9 as follows:
o "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.
it
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Exhibit "A", Amendment No. 54 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
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® THE REGIONO ".M
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Change From "Environmental Protection
Area" To "Highway Commercial"
,y BASELINE ROAD
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LAKE ONTARIO
' 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;
I
!I 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;
t`
2. This By-Law shall come into force and take effect on the date of the passing hereof.
h'
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
N
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Jim Abernethy, Mayor
Patti L.Barrie, Municipal Clerk
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Addendum 2 To
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Report PSD-077-08
i
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 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
"!I is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
,n
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:
j 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
Nstructures, or part thereof, to provide or dispense products or services,
it 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
'i
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;
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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,
A) a place cf worship;
xii) a private club;
xiii) a tavem;
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 mZ.
d. Regulations for Non-Residential Uses
i) The minimum floor area for a retail commercial establishment shall
be greater than 465 m2.
ii) 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 mZ per unit.
iii) Notwithstanding Section 19.3 0, the exterior side yard for a building
with a total floor area less than 500 mZ shall be a minimum of 5
metres.
iv) Outdoor storage is prohibited.
e. Regulations for Drive-Through Facilities
iddd
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.
id) 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
j 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.
1
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;
^y iv) an eating establishment—take-out;
IHq v) an eating establishment with a drive-through facility;
vi) a hotel;
vii) a retail commercial establishment;
u viii) a place of entertainment;
ix) a place of worship;
x) a private club;
A) a tavem; 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 any one 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.
ii) Any hotel must contain a minimum of 85 guest rooms available to
members of the travelling public.
iii) A maximum total floor area of 1,115 mZ shall be permitted for retail
commercial establishment uses.
iv) The minimum floor area of a retail commercial establishment shall be
232 mz.
v) No outdoor storage is permitted.
y' e. Regulations for Drive-Through Facilities
N
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
'I any entrance to the stacking lane shall be located a minimum of 18
'i metres from the limit of a public street.
j ii) No part of a stacking lane shall be so located that at any time any
ry motor vehicle which uses it may block, impede or interfere with the
'I 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."
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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
i
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
k4 zone.
fi 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"
ii
a
"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';
w "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
!I Commercial Exception((H)C5-15)Zone'
"Environmental Protection Exception (EP-2) Zone" to "Environmental Protection
(EP)Zone"; and
'I "Environmental Protection (EP) Zone" to "Holding - Environmental Protection
it Exception ((H)EP-16)Zone"
as shown on the attached Schedule"A"hereto.
h 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 5
Y me this
day of
2008
1 By-Law read a third time and finally passed this day of 2008
i
Jim Abernethy, Mayor
Patti L Barrie, Clerk
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This is Schedule "A" to By-law
passed this day of 2008
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