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Home My WebLink About04/19/2004 - - Clarmgton - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: APRIL 19, 2004 TIME: 9:30 A.M. - PLACE: COUNCIL CHAMBERS - 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES - - (a) Minutes of a Regular Meeting of March 29, 2004 (b) Minutes of a Special Meeting of April 7, 20.04 3.01 316 4 a. PRESENTATIONS - - (a) Audra Mihaly, Manager, Corporate Planning and Development Unit, Durham Regional Police Services, 77 Centre St. N., Oshawa, L 1G 4B7- Regarding: 2.0.05 - 2007 Business Plan - 4 b. DELEGATIONS - (a) Margaret Plackitt, Canadian Calender Girls, 1811 Rosebank Rd., Pickering, L 1V 1 P5 - Fundraising Project for the Durham Regional Cancer Centre - (b) Rick Patterson, Chairman, Oak Ridges Trail Association, 8 Sunnycrest Blvd., Bowmanville, L 1 C 2G7 - Update - (c) Robert MacDonald, 8214 Old Scugog Rd., Enniskillen, LOB 1 JO - Regarding Report EGD-25-04 - Sidewalks in Enniskillen .. (d) Gary Pratt, 8146 Old Scugog Rd., Enniskillen, LOB 1JO - Regarding Report EGD-25-D4 - Sidewalks in Enniskillen - (e) Mike Bilsky, 825.0 Old Scugog Rd., Enniskillen, LDB 1JO - Regarding Report EGD-25-D4 - Sidewalks in Enniskillen CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 .. .. G.P. & A. Agenda -2- April 19, 2004 ..- (f) David Rice, 17 Dean Street, Brampton, L6W 1 M7 - Regarding - Report PSD-043-D4 - Wilmot Creek (g) James Geddes, 2817 Maple Grove Rd., Bowmanville, L 1 C 3K4 - Brookhill ... Watershed Concern - Petition 5. PUBLIC MEETING .. There are no Public Meetings scheduled for this meeting. .. 6. PLANNING SERVICES DEPARTMENT (a) PSD-041-04 - Application for Removal of Part Lot Control 601 .. Applicant - Aspen Springs West Ltd. Part Lot 16, Concession 1, Former Township of Darlington .. (b) PSD-042-D4 - Application for Removal of Holding Symbol 6.07 Applicant: Dunbury Homes .. (c) PSD-043-04 - Application for Removal of Part Lot Control 613 III Applicant: Port of Newcastle Homes Ltd. Part Lot 29, Concession Broken Front, Former Township of Clarke .. (d) PSD-044-04 - Application for Removal of Part Lot Control 619 Applicant -1441660 Ontario Inc. .. Part Lot 3D, Concession 3, Former Township of Darlington .. (e) PSD-045-04 - Phase II Discussion Papers - Durham Region 62,5 Official Plan Review .. (f) PSD-.o46-04 - Confidential Report - Property Matter (To be distributed under Separate Cover) .. 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-16-D4 - Appointment of Plumbing Inspector 701 .. (b) EDG-17-D4 - Fieldcrest Extension Subdivision, Courtice 7.04 Plan 4DM-2DDD .. (c) EDG-18-04 - Penwest Subdivision, Courtice . 71.0 Plan 40M-1954 .. .. - G.P. & A. Agenda .., .. -4- April 19, 2004 (b) COD-D18-D4- (c) COD-D19-D4- (d) COD-02D-D4- (e) COD-D21-D4- 13. FINANCE DEPARTMENT (a) FND-D10-04 - CL2DD4-1D Construction of a Road Access at 2375 Baseline Road, Bowmanville 12.09 .. Lions Club Offer to Lease, Clarington Beech Centre 1213 .. Co-operative Tender WD2-2004 Supply, Delivery and Application of Calcium Chloride 1239 ... ... Visual Arts Centre 1243 ... Provincial Sales Tax 13.01 .. 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT ... .., - ... - ... ... ... .. .. .. - .. THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee March 29, 2004 .. - ROLL CALL - Present Were - .. Also Present: .. .. - .. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 29, 2004 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Divisional Fire Chief, Gord Weir Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance, N. Taylor Municipal Clerk, P. Barrie Clerk II, C. Doiron Mayor Mutton chaired this portion of the meeting. .. DISCLOSURES OF PECUNIARY INTEREST .. MINUTES .. .. .. - - - There were no disclosures of pecuniary interest stated at this meeting. Resolution #GPA-172-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on March 8, 2004, be approved. "CARRIED" 301 G.P. & A. Minutes PRESENTATIONS DELEGATIONS ... - 2 - March 29, 20.04 - ... (a) Mayor Mutton presented a cheque in the amount of $8086.00 to the Heart and Stroke Foundation. This money was raised by staff members taking part in the Fit for Heart program. IlIlIiI (b) Inspector Bill Temple, Durham Regional Police Services, 16 Division, 77 Centre Street North, Oshawa, L 1 G 487 ... addressed the Committee with an update regarding the Police Services activities in Clarington. They are focusing on a Community Program with their priorities being quality of life .. and traffic. Although there has been an increase in charges laid, Clarington is a very safe community in which to live. Inspector Temple indicated that he is trying different ... approaches in communicating to the residents, one of them being including information on the Page 2 advertisement. Deputy Chief Mercier explained to Committee how the - Clarington Division works within the Durham Regional Police Services. - (a) Mr. Kevin Anyan, 36 King Street East, Bowmanville, L 1 C 1 N2, addressed the Committee regarding Report EGD-14-04. The Rotary Club of Bowmanville is planning gardens, walkways, vehicle barriers, theater, and areas for wedding pictures at the Visual Arts Centre. They are going to put together a fundraising project and submit an application for a donation from the Trillium Foundation. .. - - (b) Mr. Steve Gilchrist, Environmental Specialist, Global Tech, 182 Wellington Street West, Bowmanville, L 1 C 1W3, addressed the Committee in support of the recommendations contained in Report EGD-15-04. He stated that the Global Tech HFI Hydrogen Fuel Injection system reduces emissions and improves engine efficiency, reducing fuel consumption while producing more power. - .. .. Resolution #GPA-173-04 ... Moved by Councillor Schell, seconded by Councillor Robinson THAT Committee recess for ten minutes. ... "CARRI ED" .. The meeting reconvened at 10:50 a.m. 302 , llIiil (c) Mr. Michael Scott, Oak Ridges Moraine Foundation, 13990 Dufferin Street North (The Gate House), King City, L7B 1 B3 provided an update on the Oak Ridges Moraine Foundation. The Foundation, a registered, non-profit corporation, helps protect the Oak Ridges Moraine by providing funding support for protection and education projects. The Foundation has received initial funding of $15 million from the Ontario government. It is governed by a multi- stakeholder Board of nine members with representation from Federation of Ontario Naturalists, STORM, Conservation Ontario, AMO, the province and the federal government. To date they have provided $1.1 million in grants to 22 projects, including projects with Central Lake Ontario Conservation Authority and with Ganaraska Region Conservation Authority. G.P. & A. Minutes .. .. .. - - - - 3 - March 29, 20.04 - (d) Ms. Libby Racansky, 3200 Hancock Rd., Courtice, L 1 E 2M1 addressed the Committee with respect to curbing urban sprawl. She requested the municipality to: .. .. 2. .. 3. - - (e) .. .. .. 2. .. - - - 1. Stop all development applications until the Draft Zoning By-law identifies all lands. Ministry of Natural Resources land evaluation should be reflected in the By-law All Neighbourhood Plans should be refined in the light of the MNR findings There should be curb low density urban sprawl, high density development should be placed next to the existing subdivision. The expansion of urban boundary could be avoided this way. Mr. Tom Vendrasco, Clarington Firearms Safety Committee presented the Committee's recommendations regarding the safety of firearms within Clarington, as follows: 1. The committee determined that there are currently no public safety issues with respect to discharge of firearms used in hunting or for any other legal purpose within the municipality. The above determinations were derived through lengthy discussions with the Durham Regional Police, Ministry of Natural Resources, Clarington's Municipal Law Enforcement Division, and other private citizens. 303 .. G.P. & A. Minutes - 4 - March 29, 2.004 IlIIll 3. A review of Provincial and Federal legislation governing and regulating hunting activities revealed that they provide adequate protection to the general public from IIlIII the use of firearms for hunting. 4. The Municipality of Clarington has a comprehensive IIlIII firearms by-law that is adequate to further protect the public from the use offirearms. IlIIll 5. The committee recommends that better mapping be incorporated with thH current By-law so as to clarify where firearms may be discharged. IIlIII Councillor Schell chaired this portion of the meeting. ... PUBLIC MEETINGS There were no items considered under this section of the agenda. ... PLANNING SERVICES DEPARTMENT IlIIll Decisions of Resolution #GPA-174-04 Committee of Adjustment for Moved by Councillor Robinson, sE!conded by Councillor Trim March 4 & 18, 2004 THAT Report PSD-036-04 be recHived; ... ... THAT Council concurs with decisions of Committee of Adjustment made on March 4, 2004 and March 18, 2004 for applications A2004/007 to A2004/01 0 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and ..l IlIIll THAT Council not appeal the decision made by the Committee of Adjustment on March 18, 2004 for Application A2004/041, however, should an appeal be lodged by another party, Staff be authorized to defend its original recommendation. IIlIII ... "CARRIED" Rezoning Appl. Drive-Through Regulations Proponents: Martin Road Resolution #GPA-175-04 .. Moved by Mayor Mutton, seconded by Councillor MacArthur .. THAT Report PSD-037-04 be tabled. "CARRIED" .. 304 j ... G.P. & A. Minutes - 5 - March 29, 2.0.04 .. - Report PSD-038-04 was withdrawn from the agenda by the Director of Planning Services. Councillor MacArthur chaired this portion of the meeting. .. ENGINEERING SERVICES DEPARTMENT - Execution of Resolution #GPA-176-04 Agreement with Region Health Moved by Councillor Schell, seconded by Councillor Trim Dept. in Respect to Sewage Systems THAT Report EGD-12-04 be received; - - THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD-12-04, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; - - .. THAT Council approve the by-law attached to Report EGD-12-04 to confirm its decision to enter into an agreement with the Regional Municipality of Durham; and - THAT a copy of Report EGD-12-04, Council's resolution and the by-law attached to Report EGD-12-04 be forwarded to the Regional Municipality of Durham. .. "CARRIED" .. Newcastle Public Resolution #GPA-177-04 School - Traffic/ Pedestrian Plan Moved by Councillor Robinson, seconded by Councillor Trim - THAT Report EGD-13-04 be received; .. THAT the IT' intersection of Glass Court and Bridges Drive, Newcastle, become an all-way stop; .. THAT pavement markings be applied near the Newcastle Public School to provide positive guidance for vehicular/pedestrian movements and stopping prohibitions proposed on Glass Court; .. - THAT the existing adult crossing guard on Edward Street East at the east side of Beaver Street South be relocated to Edward Street East at the west side of Glass Court when house construction north of Glass Court is complete; - 305 - G.P. & A. Minutes Bowmanville Rotary Club Centennial Project Global Tech HFI Systems IIIllII - 6 - March 29, 2.0.04 IIIllII THAT the Newcastle Public School representatives be encouraged to .... implement and maintain a KISS-N.,GO program; THAT staff monitor the area to measure the effectiveness of the plan; IIIllII THAT the proposed by-laws amending Traffic By-law 91-58 attached to Report EGD-13-04 be approved; and III THAT interested parties listed within Report EGD-13-D4 be provided with a copy of Report EGD-13-04 and Council's decision. .. "CARRIED" Resolution #GPA-178-04 .... Moved by Councillor Schell seconded by Councillor Pingle .. THAT Report EGD-14-04 be received for information. "CARRIED" .. Resolution #GP A-179-04 .. Moved by Mayor Mutton, seconded by Councillor Pingle THAT Report EGD-15-04 be received; .. THAT the Municipality of Clarington partner with Global Tech to .... install and test their hydrogen fuel injection system (HFI) on our two municipality owned Clarington Transit buses as part of a pilot project; .. THAT the cost of this pilot project, estimated at approximately $30,000.00, be funded from the Transit Reserve Fund; and .... THAT Staff be directed to review the effectiveness of the hydrogen fuel injection system and report back to Council on an annual basis. .. "CARRIED" Councillor Trim chaired this portion of the meeting. .. .. .. 306 .. G.P. & A. Minutes - 7 - March 29, 2004 - OPERATIONS DEPARTMENT - Snow Clearing Program Resolution #GPA-180-04 - Moved by Council Pingle, seconded by Councillor MacArthur THAT Report OPD-001-04 be received; - THAT a user pay system be implemented for the 2004 - 2005 season; - THAT the fee schedule as outlined in Option "B" included in Report OPD-001-04 be approved; - THAT the funds required to pay contractor be drawn from the Seniors Snow Clearing account number 7212-92004-0261; and - THAT the revenues received be credited to an Operations Fees and Services Charges account. - "CARRIED" - Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT - - Monthly Response Resolution #GPA-181-04 Report - February 2004 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report ESD-006-04 be received for information. - "CARRIED" - Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT - - Fit for Heart And Paint the The Town Red Campaign Resolution #G P A-182-04 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT Report CSD-04-04 be received for information. - "CARRIED" - 307 - - ... G.P. & A. Minutes - 8 - March 29, 20.04 .. Durham Lives! Physical Activities Resolution #GPA-183-04 ... Moved by Councillor MacArthur, sHconded by Councillor Foster THAT Report CSD-05-D4 be received for information. .. "CARRIED" .. Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT .. Mark Stewart Resolution #GPA-184-04 Animal Licencing .. Services Inc. Moved by Councillor MacArthur, seconded by Councillor Schell Agreement THAT Report CLD-08-04 be received for information; ... THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat licences door to door in the Municipality of Clarington .. for the year 2004 commencing on April 1, 2004 until September 30, 2004 and subject to review by Council at the termination of the agreement; .. THAT the authorizing By-law be forwarded to Council for approval and the Agreement be executed by the Mayor and Municipal Clerk; and .. THAT Mark Stewart, Animal Licencing Services Inc., the Animal Advisory Committee and the Animal Alliance of Canada be advised of Council's decision. .. .. "CARRIED" Pool Drainage Resolution #GPA-185-04 .. Moved by Councillor Robinson, seconded by Councillor Pingle .. THAT Report CLD-11-04 be received; THAT the Pool Drainage By-law attached to Report CLD-11-D4 be forwarded to Council for approval; and .. THAT passage of the by-law attachHd to Report CLD-11-D4 be advertised by notice in the local media. ... .. "CARRIED" 308 .. G.P. & A. Minutes .... Refreshment Vehicles - - - - - Parking in Downtown Bowmanville - - .. - - - - - - - - - - - 9 - March 29, 20.04 Resolution #GPA-186-D4 Moved by Councillor Schell, seconded by Councillor Trim THAT Report CLD-12-D4 be received for information; THAT a public meeting be scheduled for April 26, 20.04 to address a proposed revision to the Refreshment Vehicle By-law; and THAT following the Public Meeting, the by-law attached to Report CLD-12-D4 be forwarded to Council for approval. "CARRIED" Resolution #GPA-187-04 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT Report CLD-13-04 be received; THAT the Traffic By-law 91-58 Schedule VIII be amended to increase the rate charged for vehicles parked in the Municipal parking lots effective June 1, 2004; THAT Traffic By-law 91-58 Schedule VIII be amended to include the municipal parking lot at 20 King Street Bowmanville as a pay and display parking lot; THAT staff be authorized to purchase a central parking meter for the municipal parking lot at 20 King Street Bowmanville as a pay and display parking lot; THAT the funds to cover the purchase of this equipment be drawn from the Parking Reserve Account 111 0-162-X; THAT a notice be placed in the local newspapers to advise residents of this change; and THAT the Downtown Business Improvement Association be advised of Council's decision. "CARRIED" Mayor Mutton chaired this portion of the meeting. 309 G.P. & A. Minutes - 1.0 - March 29,2.004 .... CORPORATE SERVICES DEPARTMENT .. Supplier Information Night Resolution #GPA-188-D4 Moved by Councillor Pingle, seconded by Councillor Robinson ... THAT Report COD-015-04 be received for information. ... "CARRIED" .. CL2004-2 Electrical Services Resolution #GPA-189-D4 Moved by Councillor Trim, seconded by Councillor MacArthur .. THAT Report COD-16-04 be received; .. THAT Langley Utilities Cont. Ltd., Bowmanville, Ontario, with hourly prices as indicated on Schedule "A" to Report COD-D16-04 be awarded the contract to provide Electrical Services for Street and .. Park Lighting, as required by the Municipality of Clarington for the term March 31, 2004 through to March 3D, 2.007; and .. THAT the funds expended be drawn from the respective years Street and Park Lighting Accounts: 723.0-0.0201-0000 and 7603- 00.001-0137. II1II "CARRIED" ... FINANCE DEPARTMENT Tax Reductions And Write-Offs For 2003 Resolution #GPA-190-D4 II1II Moved by Councillor Schell. seconded by Councillor Pingle .. THAT Report FND-DD6-04 be received for information. "CARRIED" .. Railway Right Resolution #GPA-191-D4 Of Way Revenue ... Moved by Councillor Pingle, seconded by Councillor Schell THAT FND-DD7-D4 be received for information; , II1II THAT the Province be requested to make a determination for 2003 and future years to instruct railways to pay the railway rights-of-way at the phased-in rates for the 2.0.03 and subsequent years; .. 310 THAT the Province provide clear direction that the revenues at the appropriate phased-in rates for the Municipalities is assured; and .. .. G.P. & A. Minutes .. .. .. Mayor & Councillor's Remuneration .. - - 11 - March 29, 2004 THAT this resolution be copied to Mr. John O'Toole, MPP, and the Minister of Finance. "CARRIED" Resolution #GPA-192-D4 Moved by Councillor Robinson seconded by Councillor Pingle THAT Report FND-008-004 be received for information. "CARRIED" - CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .. Health and Safety Committee .. .. .. .. .. .. .. .. Verbal Report .. - - .. Resolution #GPA-193-04 Moved by Councillor Pingle, seconded by Councillor Trim THAT ADM-03-04 be received; THAT the By-law included as Attachment #1 to Report ADM-03-04 and the Policy Statement included as Attachment #2 to Report ADM-03-04 be recommended to Council for approval; THAT the revised Terms of Reference (Attachment #3 to Report ADM-03-04) as endorsed by the C.U.P.E., Local 74 President for Inside and Outside, the Fire Association, Local 3139 President, the two Co-Chairs of the Health and Safety Committee and the Chief Administrative Officer, and which may be amended from time to time by the Joint Committee, be endorsed by Council; THAT a copy of Report ADM-03-04 and By-law with attachments be posted in each workplace; THAT a copy of Report ADM-03-04 and By-law be submitted to the Ministry of Labour for review and endorsement. "CARRI ED" Resolution #GPA-194-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Confidential Verbal Report of the Chief Administrative Officer pertaining to a property matter be referred to the end of the agenda to be considered during a "closed" meeting. "CARRIED" 311 .. G.P. & A. Minutes - 12 - March 29, 20.04 .. UNFINISHED BUSINESS .. Resolution #GPA-195-04 Moved by Councillor Schell, seconded by Councillor Robinson .. THAT Inspector Bill Temple be thanked for his informative presentation. .. "CARRIED" .. Resolution #GPA-196-04 Moved by Councillor Trim, seconded by Councillor Foster .. THAT the delegation of Michael Scott, Oak Ridges Moraine Foundation be received with thanks. .. "CARRI ED" .. Resolution #GP A-197 -04 .. Moved by Councillor Schell, seconded by Councillor Foster THAT the delegation of Libby Racansky regarding urban sprawl be referred to the Headgate file. .. "CARRIED" .. OTHER BUSINESS .. Resolution #GPA-198-04 Moved by Councillor MacArthur, seconded by Councillor Schell .. WHEREAS conservation authorities' were decimated by provincial funding cutbacks in the mid 1990's; and .. WHEREAS conservation authorities' roles have been increased since the Walkerton Inquiry and the Oak Ridges Moraine legislation; and .. .. WHEREAS the vital role of the Kawartha Region Conservation Authority has been challenged by the City of Kawartha Lakes; and j IIlIi 312 .. G.P. & A. Minutes .. - - - - - - - - .. .. - .. - - - - - - - 13 - March 29, 2.004 WHEREAS the other communities in the watershed value the work and protective function of the conservation authority and are therefore willing to pay their share; and WHEREAS neglect of that watershed will put not only the City of Kawartha Lakes but also other communities at risk; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington confirms its support for the Kawartha Region Conservation Authority budget and requests that the budget appeal put forward by the City of Kawartha Lakes be dismissed; and THAT the Minister of Natural Resources, the Minister of Municipal Affairs and Housing, the Minister of the Environment, all Kawartha Region Conservation Authority watershed municipalities and the Regional Municipality of Durham be advised of Council's decision. "CARRIED" Resolution #GPA-199-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Committee recess for 5 minutes and then reconvene in "closed" session to discuss a confidential property matter. "CARRIED" The meeting reconvened in "closed" session at 11 :50 a.m. Resolution #GPA-200-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Tom Vendrasco outlining the recommendations of the Clarington Firearms Safety Committee be received; and THAT the members of the Committee be thanked for their efforts. "CARRIED" 313 ... G.P. & A. Minutes - 14 - March 29, 2.0.04 ... CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Report ADM-D4-04 was received as a handout from the Chief Administrative Officer. llIIII Clarington Public Resolution #GPA-2D1-04 Library - Organization Moved by Councillor Schell, seconded by Councillor Trim llIIII llIIII THAT ADM-04-04 be received; THAT the Clarington Public Library Board be requested to consider implementing the Mississauga model for library organization which would see the Chief Executive Officer for the Library as a Department .. Head, reporting to the Chief Administrative Officer for organizational issues, and to the Board for policy setting; .. llIIII THAT the board continue to approve the remuneration and service policy in accordance with the Public Libraries Act, and the Municipal Pay Equity Plan, as is the current practice; .. THAT the Board be requested to consider the use of a professional agency in consultation with the Library board Selection Committee an ... the Chief Administrative Officer, to assist in filling the vacant position of the Executive Director of the Library; .. THAT the Chief Administrative Officer and the Director of Corporate Services provide any assistance and guidance required by the Library Staff until the Director of Library Services position is filled; ... and THAT the Library Board be requested to endorse the .. recommendations above as a budgetary measure, and that they be provided with a copy of this report in support of the request of Council, FORTHWITH. .. "CARRIED" .. Resolution #GPA-202-04 Moved by Councillor Schell, seconded by Councillor Robinson .. THAT the Confidential Verbal Report of the Chief Administrative Officer which was presented during the "closed" session be received for information. .. "CARRIED" " .. :l14 .. G.P. & A. Minutes .. ADJOURNMENT - ... - - - ... ... .. ... .. - ... - ... ... - - - - 15 - March 29, 2.004 Resolution #GPA-203-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 12:33 p.m. "CARRIED" MAYOR MUNICIPAL CLERK 315 ... ... ... .. .. .1 1 I .. .. .. .. .,,; ....l .. .. , .. ... .. .. .. .. - .. THE MUNICIPALITY OF CLARINGTON Special General Purpose and Administration Committee April 7, 2004 .. - ROLL CALL - Present Were - - - Also Present: .. .. - - Minutes of a special meeting of the General Purpose and Administration Committee held on Wednesday, April 7, 2.004 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Deputy Treasurer, Lori Gordon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance, N. Taylor Municipal Clerk, P. Barrie Clerk II, C. Doiron Mayor Mutton chaired this meeting. - DISCLOSURES OF PECUNIARY INTEREST .. PRESENTATION ... ... - - - There were no disclosures of pecuniary interest stated at this meeting. Nancy Taylor, Director of Finance/Treasurer provided a presentation to Committee on the process which has been followed in preparation of the budget for presentation to Committee. She provided a status on the reserve and reserve funds, historical capital financing, economic overview, 2004 uncontrollable pressures, budget philosophy, ~ 316 G.P. & A. Minutes -2- April 7, 20.04 lIIIlI tax levy reduction measures, additional cost cutting measures, emergency services impact, and the impact on the average taxpayer in the municipality. lIIIlI DELEGATIONS IIlII (a) Brian Purdy and Patricia Enright, Clarington Public Library Board made a presentation to Committee outlining the Library services, programs, the year 2003 in review, the 2004 operating and capital budget priorities, and a comparison of Lake Front Municipalities support per capita. IIlII .. b) David Climenhage and Martha Rutherford Conrad Clarington Museums and Archives Board made a presentation to Committee highlighting the Board's budget request for 2.004. They highlighted their services, exhibits and events planned for 2004 and the 2003 revenue highlights. .. .. IIlII FINANCE DEPARTMENT 2.0.04 Current and Capital Budget IIIIIll Resolution #GPA-204-04 Moved by Councillor Schell, seconded by Councillor MacArthur ... THAT Report FND-009-04 be receivE~d: THAT Council approve the 2004 Operating and Capital Budgets as outlined, at an estimated total tax levy of $22,737,460 (exclusive of tax policy impacts), as directed in Report FND-D09-04; .. lIIIlI THAT the Schedules of the Draft Current Budget document outlining Reserve and Reserve Fund Contributions be approved; ... IIlII THAT approximately $1,000,000 be drawn from the accumulated surplus to offset the tax rate impact; lIIIlI THAT the financing of capital projects, as outlined in the document attached to Report FND-009-04 be approved; IIlII THAT the capital forecast be received for information; THAT the external agencies, referred to in Report FND-OD9-04 be advised of Council's decision regarding their grant request; III .. 317 ... G.P. & A. Minutes ... - - - - - ... ... ... ... - ... - ... ... ... .. - - - 3 - April 7, 20.04 THAT 2004 staffing changes be approved, as identified in Report FND-009-D4; THAT Report FND-DD9-D4 satisfy the requirements of Section 300(1) of the Municipal Act, S.O.2001, c.25; and THAT the appropriate by-laws to levy the 2004 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING MOTIONS) Resolution #GPA-205-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the 2004 Capital Forecast be amended by financing $12,00.0 identified for project 2500-'8130-04100 - Corporate Services Office Renovations from the General Capital Reserve. "CARRIED" Resolution #GPA-206-D4 Moved by Councillor Trim, seconded by Councillor Ping Ie THAT the 2004 Capital Forecast be amended by financing $1.0,00.0 identified for project 5000-8225-04003 - Fire Station Storage Building, Station #1 from the General Capital Reserve. "CARRIED" Resolution #GPA-2D7-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the 2004 Capital Forecast be amended by financing $5.0,000 identified for project 580.0-8365-.041.01 - Transit Route Improvements from Transit Reserve Fund. "CARRIED" .., 318 G.P. & A. Minutes -4- April 7, 20.04 .. Resolution #GPA-208-04 .. Moved by Councillor Schell, seconded by Councillor Pingle .. THAT the 2004 Capital Forecast be amended by financing $50,.0.0.0 identified for project 6.000-834.0-04300 - Road Net Work Capital, Guide Rail Installation from the tax base and $10.0,.000 from the Working Funds Reserve. .. .... "CARRIED" Resolution #GPA-2D9-04 III Moved by Councillor Robinson, seconded by Councillor Pingle .... THAT the 2004 Capital Forecast be amended by financing $10,.0.0.0 identified for project 84.0.0-8672-.04.03.0 - Library Furniture and Equipment from the Tax Base and $10,.0.0.0 from the Library Capital Reserve Fund. ... "CARRIED" ... Resolution #GPA-21 0-04 ... Moved by Councillor Robinson, seconded by Councillor Trim THAT an amount of approximately $650,.000 be pre-approved for the 2.005 capital budget for the reconstruction of Station Street, Orono. ... .... "CARRIED" The foregoing Resolution #GPA-204-04 was then put to a vote and "CARRIED AS AMENDED." ... ... ... ... III 319 lIii .. - G.P. & A. Minutes ADJOURNMENT - ... ... - - ... ... ... ... ... ... ... ... ... ... - - - - 5 - April 7, 2004 Resolution #GPA-211-D4 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 10:24 a.m. "CARRIED" MAYOR MUNICIPAL CLERK ~ 320 .. ... IIIIIlfIIi .. ... ... ... ... .. .. .. .. .. .. ... ... ... IIIi .. - Cl!J!illgtnn REPORT PLANNING SERVICES - - - Meeting: - Date: Report #: - - Subject: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19, 20.04 PSD-041-04 File #: ZBA 2004-.010 By-law #: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT - ASPEN SPRINGS WEST LTD. PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-041-04 be received; - 2. THAT the request for removal of Part Lot Control with respect to Lots 28-67 inclusive, and Blocks 79-86 inclusive, on Plan 40M-2185 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: RevieWed bY:c:J~ ~~ Franklin Wu, Chief Administrative Officer - - VI . Crome, M.C.I.P., R.P.P. Director of Planning Services - TW*L T*lw April 1, 20.04 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 601 - REPORT NO.: PSD-041-04 PAGE 2 ... 1.0 APPLICATION DETAILS ... 1.1 Applicant: Aspen Springs West Ltd. 1.2 Location: Lot 16, Concession 1, former Township of Darlington, 40M-2185 (Attachment 1) ... ... 2.0 BACKGROUND ... 2.1 On March 15, 2004, Staff received a request from Aspen Springs West Ltd. for the removal of Part Lot Control with respect to Lots 28-67 inclusive, and Blocks 79-86 inclusive on Plan 40M-2185. ... 2.2 Draft Plan of Subdivision 18T-9D050 received approval for eighty-four (84) semi- detached dwelling units and twenty-five (25) townhouse units. Registration of Plan of Subdivision 40M-2185 was completed in January, 20.04. The removal of Part Lot Control would facilitate the construction of the approved dwelling units. ... ... 3.0 COMMENTS ... 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 5.0(5) of the Planning Act, pursuant to the provisions of Section 5.0(7) of the ... Planning Act. 3.2 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's ... requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number of the Part Lot Control By-law. .. 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. ... 4.0 RECOMMENDATIONS ... 4.1 In accordance with Subsection 7.3 of Section 5.0 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to' prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending April 26,. 2.007. ... ... .... 60:2 .. llIIlI - REPORT NO.: PSO-041-04 PAGE 3 - Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table - - List of interested parties to be advised of Council's decision: Kelvin Whalen Aspen Springs West Ltd. 1029 McNicol! Avenue Scarborough, ON M1W 3W6 - - - - - - - - - - - - - 603 - - \ ATTACHMENT 1 ~I 4 ~ \.., ..,,- ()' - 0; '\,'\, .... <'0... 5 5J51 ~ 5 ~ <'c;.~ ? ...... .......... .....,. <5 = ;;:; ~ . <l' -I.- RfG1S~REDI P~N 4Qt.A-1864 .. ~ O,__~~ ~".arJ, I'UII4GlH71J1 ~ ~ ~ &! ::::0 B~-l:tfL L- ~~~~'" ~O:~LL STREET 0... ~ \.() ()" ~ tq.r~",.> ~ 8 I 1 -I ~\~~,. '0.... -.; <5" q.,-f>o ") q.,r 6' ._,-; s.; 5 5 5 ~ 5 5 S ,., "co Q,.... -.; ~ '/ li' ~f i ~~ ::;;: :: 0> ;; ; \ ~ ~ # .. :5:: i!CJ1 """"lilT '\,'\, , '" -t~ ;''1J't~_ ~~ j' .f.! '~, .1'- ';II'I~P~ .; :VI-I~o~1 k j:~6~~"~:_' i ,i i : t:~J~!1~!L%; 't.~... .. ""J. J ~ ':::~ .., tl&,:,~;;; ":::::',1: '<Jfi':,;\', -:-:::\:::ii.;::::::::::::: ~~.=..... i ..11. r ~::-:~:::::}; '~:~:::; ::::~\~ ':::::f::~: ,.."".,." "'"'F f '~-: : :~~ ){i~Et ,?~~4:}tK?::S4t4 :~:}in} LOT 16 !~~ "~"., i ~ a." ,::::::::;r.::::::::::~~~~:l~:~O,~~~~~ <XSr:::::::~ ~ LOT 15 ~.g '';;''';'''''. ~ i ..2~ i. CD-:.::::;;:'::::::::::::-:::::::::~~,;;;:;::::::: ~::':':;;i:;;::';';':.:.:': BLOT 14 :!~ j .1:2.~ ~ ~~.,,6~~~6~~~~ 1:,r:7~{t:ht{2E}}:)':@Ett LOT 13 L ~~ WOOLNER,., """".'::::: LOT 12 I ~-... VI 1 :':':':::-:54':':.:.:::. LOT 11 ~ 11;~~ I:: ::::::\;;~::::::: :;: ~ :~: ; ? }:::2t/:::' LOT 10 ~ ::.::::::::~;\::::> LOT 9 ,.., ~.lL i ::':.:'~~,:;;;:':.:.: LOT 8 i .~: . ',:-:,:,:.:,~:-:,:,::, I. 15 . .,::::::2~Y:::, '" .,.,:.;_ I ~ :::::.>z....',,,,, LOT 6 ~i i .l~ i ~'::::::~1?Z::::j LOT 5 .27: i k:}@1Td LOT 4 ,.lL i 31 ~ ":::::::::';::::::::~ ~ LOT 3 .t "'t.~~ ~ ...J~~~{'~:<;:~ ,,",,?if;::::::::::::::: ~;s;%;-;~. ~::,:,:,:r.f\::::' LOT 2 I-- ~ 'D. MILLBURN DRIVE -IB8ao (\~~::) LOT 1 ~ .......,; "J-1I7n1"JD*[ fu.5aS ......tm...... ~ 1(711I']O"[.,.u 1101310 f N1ni'JO't T .~~. 12.~ ~ '''''57 il~ ~!i ,.. BLOCK 92 \ 1"''''''"<) AIfl.A. a.aaz II&. n ~ n m VI \!l S1 LOT 16 - PART 1. ~ ~ --=:::::::::::: EXPROPRIATION PLAN N25JJ BASEUNE ""'24"' I BLOCK 89 .J (o.Joo.Il(D\() AIl[A_a.OQIIl& (ROAD AU.OWANCE 8ETIlEEN CONCESSION 1 Bowmanville Key Map .-..- i =1~ rm \ \ I [ 1 ( .. .. .. ~ ~ ~ ~ ~ <& - ~~~ -II: LOT 17 ~ 0> g '" CJI .... .. - .. ." r- > Z .. ~ VI "'"' VI 6 ,.., c '" ~ I-- .. LOT 7 .. :- .. ~ .!.. :!! en -l .. l BLOCK 88 (STIt([lIlJ(N1NlO'j MlU. 0.164.... -- I 1 ""'- L L N,CK 9~ ~~~6 --- .. ROAD AND BROKEN FllONT CONCESSION) .. ZBA 2004-010 Lots Affected By Part Lot Control Lots 28-67 and Blocks 81-86 incl. 40M-2185 .. .. Owner: Aspen Springs West Ltd. III .. 604 - ATTACHMENT 2 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- - - being a by-law to exempt a certain portion of Registered Plan 40M-2185 from Part Lot Control - - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lots 28-67 inclusive and Blocks 79-86 inclusive, of Plan 40M- 2185, registered at the Land Title Division of Whitby; - NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: - 1. That Subsection 5 of Section 50 of the Planning Act, this By-law shall not apply to those lands described in Paragraph 2 within the By-law. - 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 28-67 inclusive, and Blocks 79-86 inclusive of Plan 40M-2185; - - 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act. this By-law shall be in force for a period of three (3) years ending on April 26. 2007 - - BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 - BY-LAW read a third time and finally passed this day of 2004 - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - 605 - ATTACHMENT 3 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table .. .. Registered Plan #: 40M-2185 By-law: Result of Part Lot Control Exemption on Unit Type & Number .. Lots Affected Unit Type & Number Lot 28 Semi-detached - 2 No increase in units Lot 29 Semi-detached - 2 No increase in units Lot 30 Semi-detached - 2 No increase in units Lot 31 Semi-detached - 2 No increase in units Lot 32 Semi-detached - 2 No increase in units Lot 33 Semi-detached - 2 No increase in units Lot 34 Semi-detached - 2 No increase in units Lot 35 Semi-detached - 2 No increase in units Lot 36 Semi-detached - 2 No increase in units Lot 37 Semi-detached - 2 No increase in units Lot 38 Semi-detached - 2 No increase in units Lot 39 Semi-detached - 2 No increase in units Lot 40 Semi-detached - 2 No increase in units Lot 41 Semi-detached - 2 No increase in units Lot 42 Semi-detached - 2 No increase in units Lot 43 Semi-detached - 2 No increase in units Lot 44 Semi-detached - 2 No increase in units Lot 45 Semi-detached - 2 No increase in units Lot 46 Semi-detached - 2 No increase in units Lot 47 Semi-detached - 2 No increase in units Lot 48 Semi-detached - 2 No increase in units Lot 49 Semi-detached - 2 No increase in units Lot 50 Semi-detached - 2 No increase in units Lot 51 Semi-detached - 2 No increase in units Lot 52 Semi-detached - 2 No increase in units Lot 53 Semi-detached - 2 No increase in units Lot 54 Semi-detached - 2 No increase in units Lot 55 Semi-detached - 2 No increase in units Lot 56 Semi-detached - 2 No increase in units Lot 57 Semi-detached - 2 No increase in units Lot 58 Semi-detached - 2 No increase in units Lot 59 Semi-detached - 2 No increase in units Lot 60 Semi-detached - 2 No increase in units Lot 62 Semi-detached - 2 No increase in units Lot 63 Semi-detached - 2 No increase in units Lot 64 Semi-detached - 2 No increase in units Lot 65 Semi-detached - 2 No increase in units Lot 66 Semi-detached - 2 No increase in units Lot 67 Semi-detached - 2 No increase in units Lot 68 Semi-detached - 2 No increase in units Block 79 Townhouse - 4 No increase in units Block 80 Townhouse - 4 No increase in units Block 81 Townhouse - 4 No increase in units Block 82 Townhouse - 4 No increase in units Block 83 Townhouse - 4 No increase in units Block 84 Townhouse - 5 No increase in units Block 85 Semi-detached - 2 No increase in units Block 86 Semi-detached - 2 No increase in units TOTAL Units - 109 No increase in units .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 606 .. - - - Cl~mglOn REPORT PLANNING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19, 2.0.04 PSD-042-04 File #: ZBA 20.04-011 By-law #: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: DUNBURY HOMES - RECOMMENDATIONS: - 1. - 2. - 3. - 4. - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-D42-04 be received; THAT the application submitted by Dunbury Homes to remove the Holding (H) symbol be APPROVED for Blocks 129 to 138 all on Plan 40M-2096; THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - - - - - Submitted by: Reviewed bl) ~ ~ ~"l.... Franklin Wu Chief Administrative Officer a i J. Crome, M.C.I.P., R.P.P. Director, Planning Services L T*DJC*lw April 2, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 607 REPORT NO.: PSD-042-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Dunbury Homes 1.2 Rezoning: Removal of "Holding (H)" symbol 1.3 Location: Part of Lot 9, Concession 2, former Town of Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On March 31, 2004, Staff received an application from Dunbury Homes for the removal of the "Holding (H)" symbol on Blocks 129 to 138, all as shown on 40M Plan (Draft Plan of Subdivision 18T-99018). Removal of the holding symbol will permit the construction of ten (1.0) single family dwelling units. 2.2 Council at their May 14,2001, meeting approved By-law 2001-88 removing the holding symbol from the Lands within draft plan of subdivision 18T-99D18, save and except Blocks 129 to 138, now shown on registered plan 40M-2096. 2.3 The holding symbol was not removed in May 2001 as the development of Blocks 129 to 138 required the construction of a municipal road allowance through the development of the lands immediately to the south of draft plan 18T-99018. 2.4 The lands in question have now proceeded to registration, providing municipal access to Blocks 129 to 138. The removal of the holding symbol will now permit the development of the last remaining portions within draft plan of subdivision 18T-99018. 3.0 STAFF COMMENTS' 3.1 The applicant has entered into a subdivision agreement with the Municipality and registered the draft plan of subdivision under plan number 40M-2096. Provisions within the subdivision agreement require the developer to ensure that sufficient financial guarantees are provided to the Municipality for the completion of all works within the plan of subdivision. 3.2 The subject property is presently zoned "Holding-Urban Residential Exception ((H)R1-26)". Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: . Services and municipal works; . Measures to protect natural area; · Measures to mitigate the impact of development; 608 - - - .. - - .. .. III III ... - ... - - .. .. .. .. - REPORT NO.: PSD-042-04 PAGE 3 - . Submission of technical studies; . Execution of appropriate agreements; and/or . Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. - - Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: - . The development is consistent with the orderly and phased development of the Municipality; . The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard, and; . The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. - - - The approval of a by-law to remove the holding symbol from the remainder of registered plan 4DM-2096 is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan has been satisfied. _ 3.3 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final _ and binding upon Council's approval. - 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the - "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. - - Attachments: Attachment 1 - Key Map Attachment 2 By-law for Removal of "Holding (H)"symbol - - - - ... 609 - REPORT NO.: PSD-042-04 PAGE 4 .. Interested parties to be notified of Council's decision: Dunbury Homes 3845 Bathurst Street Suite 103 Toronto, ON M3H 2H2 '"" .. - .. .. .. .. .. .. ... .. ... .. - .. .. .. 610 - ill TTACHMENT 1 - This is Schedule "A" to By-law 2004- , passed this day of . 2004 A.D. - 68 - - 128 127 126 125 124 123 122 121 120 119 118 67 - 40M 2096 - 66 ,/. 'h 'l 65 o'l, 1% II. '/. ~ ~ - ~ C) 0 ..... N ~~ ~ ~ N C") ~, C") C") C") 64 ....., "":~ ..... ..... ..... ..... .... ... Block 13~. .:.:,' ~, ~, .:.:, .:.:, .:.:,' ~ ,~, 'ti' C,) C,) C,) C,) C,) (j 0 .Q~ 0 0 0 ~, .Q' ~~ 0 - ,.C!I , C!I,. ,...1ij,~ ,~~ ~~ ....a:~ 'l"aJ, ~ 'I, 63 '.- ':/ 'I I'/. W/j VA ,///. ~ ,// '//, 'I. ~ - Block 102 STEPHENS GULCH DRIVE I---- 60 - " 80 79 78 77 - 61 - 40M-2172 - - ~ Zoning Change From I(H)R2-26" To 1R2-26" - John Mutton, Mayor Patti L Barrie. Municipal Clerk - J ~ - - - - - I- DRIVE 5 ~ [O]J]~m~ Bowmanville J 61: - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2004-011; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended. is hereby further amended by changing the zone designation from: Holding-Urban Residential Exception ((H)R2-26) Zone To: Urban Residential Exception (R2-26) Zone 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this 2004. day of BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk .. 612 ATTACHMENT 2 - .. .. .. .. .. .. .... .. .. .. - - .. - .. .... - .. - CLBfillgton REPORT - PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, April 19, 2.0.04 ' - Report #: PSD-D43-04 File #: ZBA 2.0.04/.009 By-law #: - Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT - PORT OF NEWCASTLE HOMES LTD. PART LOT 29, CONCESSION BROKEN FRONT, FORMER TOWNSHIP OF CLARKE - - RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee - recommend to Council the following: 1. THAT Report PSD-D43-04 be received; - 2. THAT the request for removal of Part Lot Control with respect to Lots 2-10 inclusive, Lots 13-2.0 inclusive, and Lots 23-26 inclusive, on Plan 40M-2161 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and - - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: David J Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:cJ~---.J~ Franklin Wu, ' Chief Administrative Officer - - - TW/L T/OJClld April 1, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 613 - ... REPORT NO.: PSD-043-04 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Applicant: Port of Newcastle Homes Ltd. ... - 1.2 Location: Lot 29, Concession Broken Front, former Township of Clarke, Plan 40M-2161 (Attachment 1) - 2.0 BACKGROUND - 2.1 On March 9, 2004, Staff received a request from Port of Newcastle Homes Ltd. for the removal of Part Lot Control with respect to Lots 2-1.0 inclusive, Lots 13-2.0 inclusive and Lots 23-26 inclusive on Plan 40M-2161. .. 2.2 Registration of Plan of Subdivision 4DM-2160 included approval for forty-two (42) semi- detached dwellings in July 20.03. This is the fourth stage in the first phase of the subdivision development. The removal of Part Lot Control would facilitate the construction of the approved dwelling units in this stage. - .. 3.0 COMMENTS - 3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act pursuant to the provisions of Section 50 (7) of the Planning Act. ... 3.2 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number to the Part Lot Control By-law. ... - 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. ... 4.0 RECOMMENDATIONS ... 4.1 In accordance with Subsection 7.3 of Section 5.0 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending April 26, 2.007. - - .. .. 614 .. - REPORT NO.: PSD-043-04 PAGE 3 - - Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table - - List of interested parties to be advised of Council's decision: - - Kelvin Whalen Port of Newcastle Homes Ltd. 1029 McNicol! Avenue Scarborough, ON M1W 3W6 - - - - - - - - - - - 615 - ............ ...... - ...................................... ':;:,:::::::::;#.~:::::::::::.:::,: ,,:::::':::::,:;:.:::::~~:::::::::::::::::;:::;:::;;:::::::::::-:;:::::',:,:: ::::::::::::::::::::::!:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::-';',,,:::::::::::::::::: ....................... ........... .. ;1 ~~ CD BLOCK 118 -- ATTACHMENT 1 ... - .. !J ( - . , ""'::::::::::'::-'::-:,:::~:::::::::::::::::::::::: "":'::;:,:;::;,':i:;K:'::.:::':;:,':;: .:..:::c......::::..:.'....::. ..................... 22 ....................... ... .............. ................ ................................. .............. .................. .................................. ...................... ..................... ...................... ':::::::::23:::::::::; ":::::::::::2:':::::::::::::::: .......q.... ...... ..................... . ................... lZ ~ ~ 5 ::\ ~ ~ <.) .................... .................... .................... .................. .'::::::.j,ij ...................... ..................... ..................... l - ",:;;,ii:':':Y:':';{:;,;:;::: .................... ~, U.... '110' :.:.:.:-:.;~ik.:.:. ::: :::::::::::::::::~~~::::::::~::::. ~ -:.:-:<.:.:.:-~.~:.:.:.:.:.:.:.. .:.:.:.:.:.:.:.:-~,~-:.:.:-:.:-:-:.:- ~ , \ \ \ \ - ................. ..."................ ................... ............. ...... ...................... .................. ...................... ::::::::::":~:::::::::::::: ::::::::::::::::25::::::::::::::::" .................. .................... .................. .................. .................. .................. .... ............... LOCK 120 , -- - ,., ,." :-:-.::'::-:::'::':':::': : ,::::::::::::::::::::::}::::::::::: ::f<<<;:::;:.:::,@rI>::~~:.:-:}?r;,:, . ::::::::::::,::::::#.::::.:,:':':::'::~ ~;,::::':::::':::~i'::::'::.::':::,::;', ~:.:::':::.:;::,;:::;.:'#;:~;;:.;::::.;;::,:;:'::.;"::;::;..;':::,:::::::::::. .. 12 '" ,IPlI 'UJD :. ::: ::: :::.:: :::: :~;:~ ::.:': ':':':.: ':.. ....... ... . ....... .:;~ ':::~: :::::: ::: : ::::: .: ::: ::::: :::::: :::::::::::::::::::::::: ::~~~~:::::::: ::::;~~:: :::::::::::::: ::: :::: . .......JJ.-........... ... .... ..................... ....................... ....................... ....................... ............ ............ ....................... ............................................... ........................ ."........................ ................ ........................ ............ ............ . . . . . . . . . . . . . . . . . . . . . .. ............................................... ........................ ....................... ....................... ........".............. ............ ............ .................................................. ..................... ...... .................. .. 11 ;,:::;::;:::;::;;:,It;:;;:::.:,:r:.:~ ~:':,::':;'.::,,:.,:~:::.:::;;;;::,::.;::., ~':lf:::,:.W::-::::;:;::::.:::::, ::;:,,:,:::,,':f::f..;::..:-:::,:::;:::;::::. '. '::. .::........:..... ':. .:::::: .:........ .:. ':::::::. ':.'. ':::. .':. ':::.'.':::.'. .:::. .:::. '::..':. .:..::::::....:. ':. .:.......: . ''- .:.-:::::::::::::::::::: .: '::::::::::::::::::::. ::::::::: ::::::::::::. .......... ':.'::::::.~. . [l;r ,< .iKi'l:!l(~ .,",.,',.,.,.,'::: ,.,.",.,..' "".','::::::::-::::::::::: ::::::::::::::::::::':':':':':' :.::::::::::::::::::::::/::....:::::: I .- ~ ~ ~ l- 9 b 9 ..J .. PLAN 40"'-198 - :: "-..... ;1 lSl as ~ ":.!~.'It - ~ - ~ 33 ~ B~'Wi2 .0'[ 9 REGISTERED Newcastle Key Map - ROSEMEADOW CRESCENT CO> '" - ZBA 2004-009 Lots Affected By Part Lot Control - Lots 2 -10, 13-20 and 23-26 incl. 40M-2161 - .. Owner: Port of Newcastle Homes Ltd. .. 616 .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- - - being a by-law to exempt a certain portion of Registered Plan 40M-2161 from Part Lot Control - - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control. Lots 2-10 inclusive, Lots 13- 20 inclusive and Lots 23-26 inclusive of Plan 40M-2161. registered at the Land Title Division in Whitby; - NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. - - 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: - a) Lots 2-10 inclusive, Lots 13-20 inclusive. and Lots 23-26 inclusive of Plan 40M-2161; - 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on April 26. 2007. - - - BY-LAW read a first time this 2004 day of BY-LAW read a second time this day of 2004 - BY-LAW read a third time and finally passed this day of 2004 - John Mutton. Mayor - - Patti L. Barrie. Clerk - 617 - ATTACHMENT 2 ATT ACHMENT 3 ... PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table ... ... Registered Plan #: 4DM-2161 By-law: - Result of Part Lot Control Exemption on Unit Type & Number .. Lots Affected Unit TVDe & Number Lot 2 Semi-detached - 2 No increase in units Lot 3 Semi-detached - 2 No increase in units Lot 4 Semi-detached - 2 No increase in units Lot 5 Semi-detached - 2 No increase in units Lot 6 Semi-detached - 2 No increase in units Lot 7 Semi-detached - 2 No increase in units Lot 8 Semi-detached - 2 No increase in units Lot 9 Semi-detached - 2 No increase in units Lot 1 0 Semi-detached - 2 No increase in units Lot 13 Semi-detached - 2 No increase in units Lot 14 Semi-detached - 2 No increase in units Lot 15 Semi-detached - 2. No increase in units Lot 16 Semi-detached - 2 No increase in units Lot 17 Semi-detached - 2 No increase in units Lot 1 8 Semi-detached - 2 No increase in units Lot 1 9 Semi-detached - 2 No increase in units Lot 20 Semi-detached - 2 No increase in units Lot 23 Semi-detached - 2 No increase in units Lot 24 Semi-detached - 2 No increase in units Lot 25 Semi-detached - 2 No increase in units Lot 26 Semi-detached - 2 No increase in units TOTAL Units - 42 No increase in units .. ... - ... ... - ... .. .. ... .. .. 618 .. .. - CLBfillgton REPORT PLANNING SERVICES - - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19, 2.0.04 PSD-044-04 File #: ZBA 20.04-0.07 By-law #: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT -1441660 ONTARIO INC. PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-D44-04 be received; - 2. THAT the request for removal of Part Lot Control with respect to Lots 16, 17 and 18 on Plan 40M-1994 be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: D v J. Crome, M.C.I.P., R.P.P. Director of Planning Services ReVieWedby:Q ~~ ranklin Wu, Chief Administrative Officer - - L T*DJC*lw April 2, 20.04 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 - 619 - REPORT NO.: PSD-044-04 1.0 APPLICATION DETAILS PAGE 2 .. - 1.1 Applicant: Ron Armstrong on behalf of 144166.0 Ontario Inc. 1.2 Location: Lot 30, Concession 3, former Township of Darlington, Lots 16, 17 and 18 on 4DM-1994, Richfield Square, Courtice. (Attachment 1) - .. 2.0 BACKGROUND ... 2.1 On March 1, 2.0.04, Staff received an application from Armstrong Harrison Associates on behalf of 1441660 Ontario Inc. (Sunrise Homes - Durham) requesting the removal of Part Lot Control for Lots 16, 17 and 18 on Plan 4DM-1994. - 2.2 A Part Lot Control by-law effecting Lots 7 to 19 and Blocks 28 to 32 on Plan 40M-1994 was granted approval by Council February 8, 1999. The by-law contained a five (5) year period within which the by-law remained in full force and effect, expiring on February 1, 20.04. The Owner has advised staff that transfer of ownership of each lot (16, 17 and 18) did not take place before the by-law expired, hence the necessity for the current application. ... - .. 3.0 COMMENTS - 3.1 Normally, for townhouse or semi-detached dwellings, exact location of lot lines are determined by a surveyor after the foundations have been poured. In this case, the developer chose to indicate the lot lines on the registered plan of subdivision 40M-1994 rather than identify the property as a block. Once the foundations had been poured, it has been concluded that their exact locations do not comply with registered plan 4DM- 1994. As such, Part Lot Control removal is necessary to adjust the property lines as shown on the registered plan. - - 3.2 Although no new lots will be created, Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number to the Part Lot Control By-law. ... ... 3.3 The Finance Department has indicated that the taxes are up to date for the subject properties. ... 4.0 RECOMMENDATIONS ... 4.1 In accordance with Subsection 7.3 of Section 5.0 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an - - 620 ... .. REPORT NO.: PSD-044-04 PAGE 3 - appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a two (2) year period following Council approval, ending April 26, 2.0.06. - - Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table - - List of interested parties to be advised of Council's decision: Ronald St. C. Armstrong Armstrong Harrison Associates 12 Trillium Trail R. R. #4 Coldwater, ON LOK 1 EO - - - Ron O'Connor 1441660 Ontario Inc. (Sunrise Homes Durham) 74 Cecil Found Crescent Courtice, ON L 1 E 2W1 - - - - - - - - - 621 - CD o \-,0 ~ 0 ~ 01 I\) U) \-' o :E co N71038'20"E 30.748 - ...., N7,038'20"E 31.710 ~- 1\>0 CD' A~ (j) CD ~ ~~ CD o CD o o o 01 ~ \-' U! ~ i>> \-' '""IJ N7,038'20"E 32.150 CD o o o 1> Z o () m ~ () ~ 8 - ~ CD o r 0 io ~ v> g g~ ~ - CD ~ :J__~o,oo~_.J_ a, L Q; \-' 01 01 <L1- - - 2o~oo - - ~~ ~ ; w ~ 01 1\1 . ~ (.II 'i1 o c z o :z Q; ~o 1\)1\1 - (.II ~ o . ~ ~ o . I\) Ul ~ ~ 20000 ~ P \-' --------- I\) ~ 101 tIl ~--2oooo--E;I: ffi ::IJ II eEl at !D ~ ()8 g: a; ~ (, ~ 0 0 g :::0 0 m en () t\,) m 0'\ 'J Z () ~ ~I 0 -I :v z Q; CD (:) ~ o . o ,. o :E CD (:) z 0 Q; 0 ~ ~ o ~ T .:, ~ :::::: (J1 l' ZBA2004-007 Lots Affected By Part Lot Control Lots 16, 17 & 18, 40M-1945 Owner: Ron O'Connor, 1441660 Ontario Ltd. and Sunrise Homes Durham R?? ATTACHMENT 1 .. - - .. till .. - - .. ... ... J ... - ... - ... - .. .. ATTACHMENT 2 ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- - - being a by-law to exempt a certain portion of Registered Plan 40M-1994 from Part Lot Control - - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exemptfrom Part Lot Control, Lots 16, 17 and 18 on Plan 40M-1994, registered at the Land Title Division of Whitby; - NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follow: - 1. - 2. - That Subsection 5 of Section 50 of the Planning Act, this By-law shall not apply to those lands described in Paragraph 2 within the By-law. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a) Lots 16, 17 and18 on Plan 40M-1994; - 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on April 26. 2006 - - BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 - BY-LAW read a third time and finally passed this day of 2004 - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - 623 - ATTACHMENT 3 III PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table - Registered Plan #: 40M-1994 By-law: - Result of Part Lot Control Exemption on Unit Type & Number .. Lots Affected Unit Type & Number Lot 16 Townhouse - 1 No increase in units Lot 17 Townhouse -1 No increase in units Lot 18 Townhouse -1 No increase in units TOTAL Units - 3 No increase in units - .. - - .. - - - - - - .. . 624 - .. .. - q!Jl-!l1gfDn REPORT PLANNING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, April 19, 2.0.04 - Report #: PSD-D45-04 File #: PLN 2.5.3 By-law #: - Subject: PHASE II DISCUSION PAPERS - DURHAM REGIONAL OFFICIAL PLAN REVIEW - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-045-D4 be received; - 2. THAT Report PSD-045-04 be endorsed as the Municipality of Clarington's comments on the Region of Durham's Official Plan Review Phase 1/ Discussion Papers; and - 5. THAT a copy of PSD-045-04 and Council's decision be forwarded to the Region of Durham, to Durham area municipalities and any delegation. - - ReVieWedbY:O~ ~, Franklin Wu, Chief Administrative Officer - - CP/DJC/sn April 13, 2.004 - ( - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 - 625 REPORT NO.: PSD-045-04 .. PAGE 2 1.0 BACKGROUND .. 1.1 Durham Region's first Official Plan was approved by the Province in March, 1978. That Plan established a structure for the Region that recognized the existing urban areas as the primary locations for future growth, designated a major open space system consisting of valleys and significant natural areas, and defined a rural area to protect agricultural land and a rural way of life. The second Durham Regional Official Plan (DROP) was approved by the Province in 1993. The Plan built on the strengths of the first Plan by establishing a growth management structure that would balance growth with the protection of the environment and other essential resources. .. .. ... 1.2 On April 5, 2.0.0.0, Regional Councn endorsed a two-phased approach to the review of the Durham Regional Official Plan. Phase I commenced in May 2.000 with the release of a background paper entitled "Regional Official Plan Review, First Step -Issues". This report provided an overview of the Region and its planning context, and identified issues that should be considered in an Official Plan review, including: growth; urban form; commercial structure; the Oak Ridges Moraine; and non-farm rural development. .. .. 1.3 In September 20.00, Clarington Council provided comments on the Region's background paper through its consideration of Staff Report PD-D88-DD. Council's comments suggested that the Region's review should also address aggregate resources, the environment, and transportation. .. .. 1.4 The second phase of the Official Plan Review commenced in July 2.0.03 with the Region's release of the following Discussion Papers: . Population, Employment and Urban Land; . Commercial Policy Review; . Protecting Our Rural Resources; . Towards a Sustainable and Healthy Environment; and . Issues and Directions (summary report). ... .. - These papers have been circulated to the public and agencies for review and comment. ... Transportation and its impact on land use policy were considered through the Durham Mobility Study process and the Durham Transportation Master Plan. Clarington's comments on these documents were provided in Staff Report PSD-146-03. The major .. concern noted by Clarington was the target to reduce auto use by 15% and the transportation demand management program, as these two items have significant implications on land use and urban densities. .. 1.5 The purpose of this staff report is to provide the Municipality of Clarington's comments on the Phase II Discussion Papers. The main report provides a general overview of each paper with Clarington's comments indicated in bold. The report focuses on the broader directions and vision presented in the Papers, the inter-relationship of the proposed policies, and the implications for Clarington. The Attachments contain charts that summarize all of the recommendations and directions identified in each Discussion Paper and Clarington's comments. .. .. .. 626 III - - - - - - - - - - - - - - - - - - - REPORT NO.: PSD-045-04 PAGE 3 2.0 POPULATION EMPLOYMENT AND URBAN LAND 2.1 This Discussion Paper reviews the existing population and employment growth targets contained in the 1993 Region Official Plan, presents updated population, dwelling unit and employment forecasts to 2031, and provides an evaluation of urban land supply to accommodate the forecasted population and jobs to 2031. 2.2 There are two key factors driving the population forecasts in Durham Region and Clarington. First, it has been determined that the current 2021 population target for Durham Region of 970,.00.0 will not be achieved until approximately 2.027. The second factor is that Ajax Council has indicated in its 2.00.0 Official Plan that Ajax's urban boundaries will not extend beyond those which are currently shown in the Official Plan. Based on these two factors, the population forecasts for the Region have been modified to redistribute the growth potential of Ajax to Oshawa (75%) and Clarington (25%). 2.3 The following chart provides a comparison of population forecasts for Clarington. The first forecast, as contained in the Discussion Paper is without any consideration of physical, environmental or policy considerations. The second forecast, also from the Discussion Paper, is based on a redistribution of Ajax growth after 2021. The third forecast was prepared for consideration of the Development Charges Study in 2000. 2001 2006 2011 2016 2021 2026 2031 Discussion Paper 72,585 83,519 96,695 112,485 130,155 149,270 167,375 Population (1 \ Discussion Paper 72,585 83,510 96,695 112,485 130, 155 151,985 174,245 Population (2\ Development 72,001 82,907 93,647 104,154 115,963 Charge 2000 (3\ (1) Durham Region Reference Forecast assuming no physical, environmental or policy constraints Durham Region Recommended Forecast based on 25% of redistributed growth from Ajax due to policy constraint 20.0.0 Clarington DC Forecast, unadjusted to base year (2) (3) 2.4 The Discussion Paper Recommended Forecast represents a population increase of almost 2.5 times from the 2.0.01 base. The Discussion Paper has also determined that, unlike Ajax, Pickering and Whitby, Clarington will have sufficient land designated as Living Area within the existing urban area boundaries to accommodate the population forecasted to 2.031, under the density and intensification assumptions provided. 2.5 The Clarington Official Plan, as approved in 1996, provides a 2.016 population target of 13.0,6.0.0. Staff agree that the population figures of the 1993 Durham Plan; as reflected in the 1996 Clarington Official Plan, are too aggressive. The May 2000 Development Charges Background Report population forecast was significantly less aggressive, proposing a 2016 popUlation of 104,154, and a 2.021 figure of 115,963. The forecast contained in the Discussion Paper is more reasonable although still more aggressive than anticipated through the 2000 Development Charge Review. 627 REPORT NO.: PSD-045-04 PAGE 4 ... ... 2.6 A policy decision to direct growth to Clarington vs. Ajax may be optimistic since the Discussion Paper also acknowledges that there is a culturally driven preference for growth to locate in the western portion of the Region. If additional lands are designated in the western portion of Durham, this will affect the assumptions in the forecast. ... ... Final local municipal forecasts can only be determined when the urban land supply issues are finalized. The Region should provide some direction or recommendations. regarding how growth can be more evenly distributed among ... the area municipalities. 2.7 The population forecast and the households forecast together with assumptions on ... density and unit mix is used to determine urban area land requirements. The factor applied to the population figure to determine number of households is called persons per unit (ppu). During the previous Regional Official Plan review this number was ... assumed to be steadily decreasing to a low of 2.79 by the year 2021. In reviewing the recommended population and household forecast the ppu appears to vary considerably by Municipality. Among the Lake Ontario based municipalities in Durham the ppu in ... 2021 is projected to range from 3.33 in Pickering to 2.69 in Oshawa. Clarington is projected to have 3.08 persons per unit for the same time frame. In addition, the rate of decline between municipalities also varies considerably. ... More discussion is warranted on the assumptions made as this can have a significant, impact on number of units being generated, as well as land ... requirements. 2.8 As noted in the section above, several assumptions are made in order to calculate future land needs. Vacant land designated as Living Area is assumed to develop at a gross residential density of 18.2 units per ha (uph) /7.4 units per acres (upa). Existing developed areas, as of 1991 are assumed to intensify and account for 20% of population growth. These density assumptions are evenly applied to all Lake Ontario based urban areas, while a lower factor of 12.4 uph (5 upa) is used for all remaining urban areas. ... ... ... Clarington, although a Lake Ontario based municipality, has 4 separate urban areas and a significant rural land base. As a result the character of both. Newcastle Village and Orono are not the same as Bowmanville and Courtice. Furthermore, it is recognized that people moving to Clarington are typically younger families looking to find affordable ground-related residential development they can purchase. Density and intensification assumptions should be reflective of the existing character of the community. ... ... .. 2.9 The Discussion Paper acknowledges that subdivision developments since 1991 have generally proceeded with declining average densities and that plans of subdivision have been permitted to develop with lower than expected densities. However, the ROP is founded on the basis that the density of new development will increase, and ultimately .. .. .. 628 .. - REPORT NO.: PSD-045-04 PAGE 5 - achieve a goal of 17 uph / 7upa, and existing urban areas will accommodate approximately 20% of all new population growth through intensification. - From a planning perspective this is an appropriate goal as it makes better use of land and infrastructure, provides a more transit supportive development and reduces the need for urban boundary expansions. However, the Region of Durham was the approval authority for subdivision approval until more recently, and remains a critical commenting agency. The Region should provide direction other than maintaining urban boundaries for achieving higher urban densities and ensuring local municipalities are achieving the desired densities. - - - 2.1.0 The DROP, while setting out land use goals, objectives and policies, does not address urban form. The discussion on development trends focuses on policy framework and not the actual built form or market implications of development. - The Regional Official Plan should provide a holistic approach on how to achieve higher densities, incorporate smart growth principles, and define the regional and area municipal role in achieving these objectives. - 2.11 The Paper proposes maintaining current urban boundaries until 20.07 in consideration of the land needs analysis undertaken. - - Staff concur with the position of Regional Staff that no major expansions to urban boundaries across the Region should be considered at this time until several large initiatives are completed, including the Highway 407 EA, Seaton, Pickering Airport, the Greenbelt Plan and any Smart Growth initiatives to be included in the Provincial Policy Statement Review. Also any urban boundary expansion should have the benefit of completed watershed studies. - - The existing urban areas boundaries in Clarington are sufficient to address growth requirements under proposed intensification and density assumptions. However, based on the comments contained in previous sections of this report, these will need to be monitored and urban area boundary issues addressed in the next ROP review. - - If the Region determines to expand any urban boundaries, then the Region must resolve the untenable northern boundary for the Courtice Urban Area created during the last Durham Plan Review. An appropriate logically-defined boundary based on planning, transportation and environmental requirements should be established. .- - 2.12 The Paper sets an ultimate employment target for Durham Region of one job for every two persons (5.0% employment), with interim targets of 37% by 2021 and 4.0% by 2.031. Staff agree with these targets and note than an improved employment-to- population ratio for Durham Region is critical to realizing many of the targets and goals discussed in the Discussion Papers. 629 - .. REPORT NO.: PSD-045-04 PAGE 6 3.0 COMMERCIAL POLICY REVIEW .. 3.1 The Commercial Policy Review Discussion Paper indicates that the Region will face major pressure for new commercial development that could double the commercial space over the next 2.0 to 30 years. The Paper advocates for less Regional involvement in commercial approval matters, which represents a major change in policy direction. It indicates that Regional interests should be defined to include primarily higher order retail facilities that have a Regional scale of 6.0.0,.000 sq.ft. (55,74D sq.m). .. .. The Region's proposals to strictly limit their involvement and provide a more generalized framework for commercial issues is contrary to other regional interests. Commercial areas are the focus of urban activity and, even if centres are not regionally significant "commercial areas", they impact regional transportation, intensification and other Smart Growth objectives. The Commercial Paper gives the impression that maintaining a healthy supply of commercial "space" is more important than how that "space" is deployed and used, and how it impacts existing downtown areas. The Region's interest in commercial areas should extend beyond only the highest level of retail centres. .... .. .. - 3.2 The concepts of the Main Central Area and Sub-Central Area are suggested to be continued, but the designations are proposed to be renamed using more contemporary planning terminology such as "Regional Centre" and "Urban Centre". The Paper indicates that the Region should prepare policies that would establish the role, scale, and form of major nodes and arteries of regional interest. These policies would guide municipalities in preparing secondary plans and approving development within these areas. Area municipalities would be solely responsible for any retail planning beyond these areas. .. - .... 'Power Centers' are also identified as continuing to be the predominant form of new major retail development for the foreseeable future with future commercial land requirements for all categories being based on 2.0% lot coverage. .. The Region should promote a more intensive commercial development framework (greater than 20% coverage) to create a transit-supportive environment. The Region should also promote the intensification of existing power centers over time. - .. 3.3 The Paper also suggests that the practice of using retail f100rspace allocations as ?l method of directing commercial growth be discontinued. Designated regional centers would be limited to those commercial concentrations whose scale is regional in nature. It is proposed that the Region adopt a more flexible approach to the use of arterial roads such as Highway 2, Taunton Road, Simcoe Street and Brock Road for commercial corridors. The policies would allow for a mixture of high intensity uses along corridors, including commercial uses. Municipalities would be permitted to use employment areas bounded by highways or arterial roads to respond to their individual commercial needs. This would eliminate the need for special purpose commercial designations. .. .... - .. 630 .. - REPORT NO.: PSD-045-04 PAGE 7 - The Municipality supports a commercial policy direction that promotes nodes and corridors; however, the policies should avoid the commercial stripping of all major arterial roadways. - 3.4 The Region proposes to establish design criteria for arterial roads to address the need for a finer-grained access system to commercial uses, and coordinate design standards along regional roads for building siting and landscaping. - - The Municipality supports a policy initiative that would allow more access to Regional Roads. However, proposing Region-wide design standards along Regional roads appears to contradict many of the other ideas expressed in this paper, such as a low lot coverage objective and the reduced level of Regional involvement in commercial development. The Region should not seek to withdraw from providing major policy direction for commercial development in favour of greater control in areas such as urban design and landscaping which are site plan approval issues administered by the local municipalities. - - .- 3.5 In order to maintain a healthy and competitive supply of retail floorspace throughout the Region, the Discussion Paper proposes to pre-designate preferred regional centres or establish criteria that would enable future designations to be initiated by private applications or through studies by municipalities. The Region would also encourage municipalities to undertake commercial opportunity studies to monitor future retail commercial f100rspace needs. - - The Region must protect traditional downtown cores by ensuring that new commercial is not created at the expense of high vacancy rates in downtown core areas. Regionally significant centres should be designated by the Region in consultation with local municipalities. - - 3.6 It is suggested that new regional commercial concentrations may share many of the characteristics of employment lands. The Region should determine the opportunity for retail and office uses at key strategic intersections when planning employment lands along new highways and corridors. - - Lands designated for employment should not be eroded for commercial development. The Region should establish policies to protect employment areas. - 4.0 PROTECTING OUR RURAL RESOURCES 4.1 The rural area of Durham makes up 85% of the land area of the Region and is host to 1.0% of the Region's population. The rural area possesses a wide variety of natural resources such as streams, wetlands, woodlands, groundwater and open space, as well as good quality soils and climate for agricultural production and high quality gravel and sand resources. Although the majority of the rural area is currently set aside for agricultural and open space uses, other uses such as settlement areas, rural residential, aggregate extraction, tourism areas and golf courses are becoming more common. - - - 631 - REPORT NO.: PSD-045-04 PAGE 8 4.2 The Region's rural resources are valued both for their natural heritage significance and the benefits that accrue to society from their use. The Regional Official Plan should seek to achieve a balance between the competing demands on these resources to ensure a healthy and sustainable rural resource base for future generations. - .. 4.3 A key principle presented in this Discussion Paper is ensuring the protection of agricultural resources for future generations and reducing future conflict between non- farm and farm uses within the rural area. This is proposed to be achieved primarily through new policies that would discourage the creation of new residential lots. However, the Region is also proposing policies that would permit the creation of new parcels for farm related industrial and commercial uses. .. .. The Municipality agrees with the proposal to limit the creation of new rural residential lots, but believes that the policies that would permit new lots for farm related industrial and commercial uses is contradictory to the objective of reducing the further fragmentation of the rural land base. These types of uses should instead be encouraged to locate on existing lots of record. - - Clarington also generally supports farm markets and farm produce stands as they help sustain the viability of the agricultural industry; however, further . discussion is needed on issues such as criteria for location, size, and permanent markets vs. seasonal markets. .. - 4.5 The Discussion Paper notes that there is a current abundance of existing opportunities for rural residential development in the Region, and proposes a number of policies to curb or halt new residential growth within the rural areas. These include deleting existing opportunities for lot creation such as: the severance of farm retirement lots and surplus farm dwellings from non-abutting farms; lots for the relocation of heritage structures; new Country Residential Subdivisions; infilling within concentrations of 4 ha lots; and new clusters. - - - Clarington supports this direction since it would reduce the further fragmentation of the agricultural land base and the potential for additional conflict between agricultural operations and non-farm residential uses. .. It is noted that in October 2.0.03 the Clarington Agricultural Advisory Committee did not support the deletion of severance policies for farm retirement lots or lots for surplus farm dwellings of non-abutting farms. .. .. 4.6 The Discussion Paper also proposes more comprehensive policies regarding the aggregate extraction industry, and in this regard is taking a similar approach to that undertaken by Clarington. In particular, the Region has proposed that environmental and socio-cultural constraints be identified in order to better define the "High Potential Aggregate Resource Area - ... 632 .. .. - REPORT NO.: PSD-045-04 PAGE 9 - The Municipality recommends that, within the Oak Ridges Moraine, all key natural heritage features be identified as a constraint to aggregate extraction. With respect to young woodlands, it is recommended that the onus be placed on an applicant to verify whether the lands are occupied by a young plantation or early successional habitat. Rural residential clusters, rural residential concentrations, existing trailer parks, commercial uses and tourh;m uses should be included as socio-economic constraints. - - _ 4.7 The Region is proposing that rehabilitation plans for new aggregate extraction operations be reviewed when individual applications are submitted. This would help ensure that the rehabilitation of these areas complements the approved rehabilitation _ plans for existing adjacent extraction operations. - Due to the large aerial extent of the aggregate resource, the Region should be taking a lead in requiring area-wide rehabilitation plans. The preparation, review and implementation of area-wide rehabilitation plans by the Region, in consultation with the Municipalities, would ensure that final rehabilitation of the operations creates a consistent landscape. - - The Region should also adopt a policy requiring all new or expanding operations or revisions to existing aggregate extraction licenses to incorporate progressive rehabilitation. - The Region should also include a policy encouraging continued use of the Management of Abandoned Aggregate Properties (MAAP) program to ensure abandoned pits in the Region are rehabilitated. - - 4.8 The Region is proposing to prohibit golf courses within Agricultural Areas, and require all proposed new golf courses and golf course expansions to apply for an amendment to the Regional Plan. Applications would need to be supported by various technical studies including a hydrogeological study, a Best Management Practices Report, and a monitoring report. As well, the Region would require area municipalities to limit the scale of clubhouses. - - The Municipality generally supports the Region's proposed policy direction regarding golf courses. However, Clarington does not support the proposed requirement to have all golf courses proceed by amendment to the Regional Plan. There does not appear to be any compelling reason to amend the existing policy that provides for an amendment to either the Regional or area municipal Official Plan. The Region should instead focus on providing policy guidance to local municipalities. - - - 4.9 The Discussion Paper recognizes that the functions of the urban and rural open space systems are different. Proposed objectives for rural open space include a focus on agricultural land, environmental stewardship, and passive recreational uses, while the - use of urban open space would be focused on both active and passive uses, as well as 633 .. REPORT NO.: PSD-045-04 PAGE 10 environmental protection. Overall, there is a lack of discussion on the significance of the rural Major Open Space System, although much of the discussion on the importance, function and objectives of the major open space system is included in the Natural Environment Discussion Paper. - .. The Municipality supports the proposal to distinguish between urban and rural open space, but notes that open space areas within hamlets possess similar functions to urban open space areas. More emphasis should be placed on the Major Open Space component of the rural areas in order to ensure a balance between protection and use of all rural resources is achieved. .. .. 5.0 TOWARDS A SUSTAINABLE AND HEALTHY ENVIRONMENT - 5.1 This paper proposes a number of policy directions with the objective of refining and enhancing the environmental policies of the DROP. A key initiative is the proposal to establish a policy framework in the DROP that would use watershed planning as the basis for land use planning decisions. The preparation and implementation of watershed plans would be required as a prerequisite to development. The DROP would also identify the minimum components of a watershed plan, including the preparation of a water budget, a surface flow modeling study, and terrestrial and aquatic resource studies. - - .. This general policy direction is supported. However, the preparation of a Watershed Plan should not be a prerequisite for consideration of all types and scales of development, and should apply only to the designation and expansion of urban boundaries. If watershed plans are a prerequisite to development and urban boundary expansions, the Region will need to accelerate the current timelines for the preparation of such plans. Lastly, the Regional Plan needs to recognize that there is a hierarchy of watershed based planning tools, including subwatershed plans and stormwater management studies. - .. .. 5.2 Policies are proposed to safeguard the quantity and quality of water resources. The quantity of surface water and groundwater would be protected by ensuring sustainable water taking and the maintenance of infiltration rates through the development approval process. The quality of surface water and groundwater would be protected by identifying vulnerable aquifer areas, significant groundwater discharge areas, and capture zones for municipal wells in the Official Plan and by including policies that would protect these areas from incompatible uses. Additional policies are proposed requiring hydrogeological studies for land use applications that have the potential to impact water quality or quantity. - - .. The general policy direction is supported but the policies should be facilitative II1II rather than prescriptive, appropriate of a Regional scale plan. 5.3 New policies and mapping to enhance the protection of the natural environment are proposed to be incorporated into the DROP. A natural heritage system consistent with that approved for the Oak Ridges Moraine would be identified on mapping, and is proposed to include significant natural features such as all wetlands, fish habitat (warm 634 - ... .. - REPORT NO.: PSD-045-04 PAGE 11 - and cold water streams), significant wildlife habitat, and significant woodlands. Development and site alteration would generally be prohibited within the natural heritage system, and all vegetative setbacks from components of the natural heritage system would be required. Linkages and corridors would be also protected through the development approval process. - - - Staff supports the establishment of a Natural Heritage System. However, the ROP should only identify natural features of regional significance. No rationale has been provided for extending the vegetative setbacks required by the ORM Conservation Plan to natural heritage features elsewhere in the Region. - 5.4 A more proactive role for the Region, area municipalities and other agencies in the protection and enhancement of the natural environment is also advocated. This includes incorporating policies in the DROP establishing a woodland coverage target of 3.0% of the Region's land area and encouraging area municipalities to prepare strategies to implement this target. It is also proposed that these agencies cooperatively develop a land securement strategy to protect key natural heritage resources within the Region. - - - A 30% general target for the entire Region is not appropriate. The Region should consider dividing the Region into "zones" with specific woodland coverage targets for each area. The 30% target should also not be achieved at the expense of agricultural land. - - 5.5 The paper also discusses a number of other issues related to environmental health and sustainability. These include incorporating policies into the DROP that would address air quality, climate change, and light pollution. In particular, area municipalities would be encouraged to minimize light pollution through official plan policies and site plan control. - Staff agree with initiatives for programs to monitor the Region's environmental, social and economic health. - 6.0 CONCLUSIONS - 6.1 The Regional Discussion Papers provide a good basis for updating the Regional Official Plan. The major criticism is that the five Discussion Papers, including the Durham Transportation Master Plan, had different authors and there are number of inconsistencies both in terms of the role of the Region and the policy directions proposed. Prior to updating the Regional Plan, there needs to be a clearly articulated view of the role of Regional planning provided to the area municipalities. In particular, the following points must be addressed: - - . The overly prescriptive policies in some sections such as rural areas VS. the . apparent abandonment of a Regional role in commercial policy. - ..., 635 - REPORT NO.: PSD-045-04 PAGE 12 . Assuming that there will be significant residential intensification but not applying the same rigor to commercial development by assuming that it will continue at 20 % coverage. . Having no Regional role for commercial development under 600,00.0 sq. ft. yet wanting to create a transit-supportive land use plan. Moving from the Discussion Paper stage, the next task of the Regional review is to develop consistency both in terms of a mutually-supportive, comprehensive set of policy directions and an appropriate role for the Region in land use planning. 6.2 One of the most controversial elements of the proposed directions for the Regional Official Plan is the recommendation to not expand the current urban boundaries until at least 2.007. The rationale is that there are a number of large, ongoing initiatives that will affect the Regional structure. This includes the Highway 4.07 EA, Seaton, the Pickering Airport, the Greenbelt legislation and the Smart Growth initiatives to be included in the new Provincial Policy Statement. Furthermore, watershed plans across the Region are currently under preparation, with many not being completed until 2.0.07. Any urban boundary expansion should have the benefit of completed watershed plans. To expand urban boundaries within the Region at this time is pre-mature without the resolution of the above issues. These initiatives will provide the broader provincial and regional context, as well as the site-specific analysis necessary to make Region-wide decisions on appropriate growth policies and urban expansion areas. The position of Regional staff in this regard should be fully supported by Clarington. However, in the event that the Region does decide to expand urban area boundaries in the context of the current Regional review, the Region must address the irregular north boundary of the Courtice urban area created through the 1991 Durham Regional Official Plan. The current boundary is untenable as a residential neighbourhood and an appropriate boundary based on planning, environmental and transportation considerations should be established. 6.3 The Regional Plan must recognize the diversity of individual municipalities across the Region. Clarington is somewhat unique, sharing attributes of both the western lakeshore "urban" municipalities and the northern agricultural-based municipalities. One standard does not fit all and the urbanlrural character of communities should be reflected in the development of goals and objectives. This includes matters like intensification targets, development densities, woodland coverage, and rural employment needs. Attachments: Attachment 1 - Durham Region Official Plan Review, Issues and Directions Report (under separate cover) Attachment 2 - Discussion Paper Comments on Population, Employment and Urban Land Attachment 3 - Discussion Paper Comments on Commercial Policy Review Attachment 4 - Discussion Paper Comments on Protecting our Rural Resources Attachment 5 - Discussion Paper Comments on Towards a Sustainable and Health Environment 636 - ... .. .. - .. - - .. ... - - .. ... ... .. .. .. .. - REPORT NO.: PSD-045-04 PAGE 13 - List of interested parties to be advised of Council's decision: Bryce Jordan Tony Biglieri Sernas Associates The Biglieri Group Ltd. 11.0 Scotia Court, Unit 41 28 Bellefair Avenue. Whitby, Ontario Toronto, Ontario L 1N 8Y? M4L3T8 - - - - - - - - ... - - - - - - - 637 - N l- Z ~ ::t: ~ ~ tn ... 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CXl .. .. .. .. - .... - ... - - .. .... - .. .. .. 660 .. ... - - Cl!J!illgton REPORT - ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday April 19, 2004 - Report #: EGD-16-04 File #: By-law #: - Subject: APPOINTMENT OF PLUMBING INSPECTOR - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-16-04 2. THAT Mr. John Preston be appointed as a Plumbing Inspector for the Municipality of Clarington effective April 26, 2004, and that his name be added to Schedule 'C' of By- Law 2003-150; and - - 3, THAT the appropriate by-law be forwarded to Council. - - ~ '\. //) . ,'0" ~ t...-' ~- '- Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - RP/ASC/jw April 2, 2004 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 701 - ... REPORT NO.: EGD-16-04 PAGE 2 ... 1.0 REVIEW AND COMMENT 1.1 Mr, John Preston has been employed by the Town of Georgina as a Plumbing Inspector lIIIIi for the past 2 years, reviewing mechanical drawings and inspecting plumbing systems in buildings, Mr. Preston is a plumber and has his certificate of Qualification, He ... commenced his employment with the Municipality on March 29, 2004. ... Attachments: ... Attachment 1 - Proposed By-Law ... ... ... ... .... ... ... "I IIIIil ... ... 702 .. IllIi - ATTACHMENT NO.: 1 REPORT NO.: EGD-16-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- - - Being a By-law to amend By-law 2003-150, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. - WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report EGD-16-04. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Schedule 'C' to By-law 2003-150 is hereby amended by adding the following thereto: - .. John Preston" - This By-law shall come into effect on the date of passing hereof. - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third and finally passed this 26th day of April, 2004. - - John Mutton, Mayor - - L l Patti L. srarrie, Municipal Clerk - - - - 703 - - ... .. .. ... .. ... .. .. .. .. .... ... ... ... .. ... .. iii III - - QfJ!ilJgton REPORT - ENGINEERING SERVICES - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19,2004 EGD-17-04 File #: D,02.29,021 By-law #: FIELDCREST EXTENSION SUBDIVISION, COURTICE, PLAN 40M-2000, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-17-04 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2000; and - - 3. THAT Council approve the by-laws attached to Report EGD-17 -04, assuming certain streets within Plan 40M-2000, and certain blocks within adjacent Plans 40M-1779 and 40M-1820, as public highways. - - - 1XiLJi2- [) ~~[;~ ~ - Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/ASC/jw April 1, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 704 - REPORT NO.: EGD-17 -04 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered May 19, 2000, with Clarington Fieldcrest Developments Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-2000 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Initial Works; b) Street Liqhtinq Svstem; c) Final Works; d) Stormwater Manaqement Svstem: and e) Park Works 1.3 The Initial Works and Street Liqhtinq Svstem were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater Manaqement Svstem works associated with this project. 1.5 There are no Park Works associated with this project. 1.6 The Final Works were issued a 'Certificate of Completion' dated November 1, 2002. This initiated a one (1) year maintenance period, which expired on November 1, 2003, The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 705 .. - .... .. .. .. .. IIIIl .. .... .. .. .. .. .. IIIIl IIIIl IIIIl lIIIIII - REPORT NO.: EGD-17-04 PAGE 3 - 1.7 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works, The _ Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. - 1.8 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit - the Municipality to assume certain streets within Plan 40M-2000 and certain blocks within adjacent Plans 40M-1820 and 40M-1779, as public highway (Attachments 2 and - 3). - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - , - - - - 706 - ~J }f ~~~ s DRAWN BY: E.L. DATE: April 13, 2004 KEY MAP 707 REPORT EGD-17 -04 ATTACHMENT NO.1 -' lIIIIi .. ... ... - ... - ... ... .. .. - .. ... ... .. .. .. - ATTACHMENT NO.: 2 REPORT NO.: EGD-17-Q4 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Blocks shown on Plans 40M-1779 and 40M-1820, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: - - Block 49 on Plan 40M-1779 Block 59 on Plan 40M-1820 - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. - - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - ~ - ... - ATTACHMENT NO.: 3 REPORT NO.: EGD-17-04 ... ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- .. Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .... 1. THAT the Streets and Blocks shown on Plans 40M-1779 and 40M-1820; and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: . .. .. Fieldcrest Avenue on Plan 40M-2000 Pingle Drive on Plan 40M-2000 Block 49 on Plan 40M-1779 Block 59 on Plan 40M-1820 ... .. BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. ... .. - John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk .. ... ... .. 709 ... III - - Cl~pn REPORT - ENGINEERING SERVICES - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19, 2004 EGD-18-04 File #: D.03.31,002 By-law #: PENWEST SUBDIVISION, COURTICE, PLAN 40M-1954, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-18-04 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-1954; and - - 3. THAT Council approve the by-laws attached to Report EGD-18-04, assuming certain streets within Plan 40M-1954, and certain blocks within adjacent Plan 40R-17848, as public highways. - - - Ja. ()~~eJk - Submitted by: Anthony Cannella, C,E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/ASC/jw April 1, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 710 - REPORT NO.: EGD-18-04 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered February 26, 1999, with 963639 Ontario Limited to develop lands by plan of subdivision, located in Courtice and described as Plan 40M-1954 (Attachment 1), The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Liqhtinq System; c) Final Works; and d) Stormwater Manaqement System 1.3 The Initial Works and Street Liqhtina System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater Manaqement System works associated \^/ith this project. 1.5 The Final Works were issued a 'Certificate of Completion' dated November 1, 2002. This initiated a one (1) year maintenance period, which expired on November 1, 2003. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services, 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works, The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 711 .. .. .. .. .. ... ... ... ... .. .. .. .. .. ... alii .. .. .. .. REPORT NO.: EGD-18-04 PAGE 3 - 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit .. the Municipality to assume certain streets within Plan 40M-1954 and certain blocks within adjacent Plan 40R-17848, as public highways (Attachments 2 and 3), - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law .. .. - - - - - - .. - - .. 712 - - Plan 40M-1954 ~ Penwest S~bdivision j" .. :<::DlM:; 'ii/miii ,:~: ...:' . . . . . . .. "0......... Dalseyfield Ave "-==:.: '. ~i<ir~m;~:~?< ~ ~~~~~~~:::~< :; . . . . . . '-- L........ . ::=:-::: > i;i:.: ::: :: :: .........""-J r--- r--..-.. +oi: CI): ~ ,2: ro: ~: t\ ~ 0' \ ~ Q&, I ~~ o~ ,~ 19 -?&.h <<. 7)Oh J ~- 0'.5'0 ~ r---li ~ I \ I r ~~ i:.COURTIC,E ) = ~.r.l = ~ \! Il.----J =~ SUBJECT_ _Ul .- ~~ SITE r- ~~ ~ me ?'t ~~' II~ 1- 01 Q;~ ;i~:ir~~~ N~;~'IIII~~s .~ ~ ~tThn\lm11li11lrrl~ KEY MAP If. ~~g~mm~ c - L I L- DRAWN BY: E.L. lf ~~~ S = REPORT EGD-18-04 I ATTACHMENT NO.1 ~~ 'llJ .. - .. .. .. ~\ - .. "0 l'\l o 0:: !!l 'S .= .. .. .. .. .. DATE: April 13,2004 .. .. .. - ATTACHMENT NO.: 2 REPORT NO.: EGD-18-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Blocks and Parts shown on Plans 40M-1954 and 40R-17848, and listed below in this section, being in the Municipality of Clarington. in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: - - Block 43 on Plan 40M-1954 Block 40 on Plan 40M-1954 Part 8 on Plan 40R-17848 Part 5 on Plan 40R-17848 - - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April. 2004. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - - - - 714 - - ATTACHMENT NO.: 3 REPORT NO.: EGD-18-Q4 .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- .. Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. THAT the Streets, Blocks and Parts shown on Plans 40M-1954 and 40R-17848, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: .. .. Daiseyfield Avenue on Plan 40M-1954 Firwood Avenue on Plan 40M-1954 Mallory Street on Plan 40M-1954 Block 43 on Plan 40M-1954 Block 40 on Plan 40M-1954 Part 8 on Plan 40R-17848 Part 5 on Plan 40R-17848 .. .. BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. .. .. ... John Mutton, Mayor .. .. Patti L. Barrie, Municipal Clerk .. .. .. 715 .. .. - - Cl~-!lJgton REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19,2004 EGD-19-04 File #: LD 040/2000-045/2000 AN D 140/2000-148/2000 By-law #: OSGOODE GATE SUBDIVISION, COURTICE, PLAN 40R-19834, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1, THAT Report EGD-19-04 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40R-19834; and - - 3. THAT Council approve the by-laws attached to Report EGD-19-04, assuming certain streets within Plans 40R-19834 and 10M-797 as public highways. - ~ - Submitted by: ~~Cl-- A.S. Cannella, C,E.T. Director of Engineering Services u~_~ Reviewed by: Franklin Wu Chief Administrative Officer - - NAC/ASC/jw April 1, 2004 - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIOL 1C 3A6 T(905)623-3379 716 - REPORT NO.: EGD-19-04 PAGE 2 .. .. 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Servicing Agreement, registered July 28, 2000, with Trulls Land Corporation to develop lands by plan of subdivision, located in Courtice and described as Plan 40R- 19834 (Attachment 1), The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. .. .. .. .. 1.2 The Servicing Agreement provides for the separation of the Works into five (5) stages: ... a) Initial Works; b) Street Liohtino System; c) Final Works; d) Stormwater Manaoement System; and e) Park Works - .. .. .. 1.3 The Initial Works and Street Liohtino System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Servicing Agreement. .. .. 1.4 There are no Stormwater Manaoement System works associated with this project. ... .. 1.5 There are no Park Works associated with this project. .. 1.6 The Final Works were issued a 'Certificate of Completion' dated November 1, 2002. This initiated a one (1) year maintenance period, which expired on November 1, 2003. The Works were re-inspected at that time and all .. .. 717 III - REPORT NO.: EGD-19-04 PAGE 3 - deficiencies have now been rectified to the satisfaction of the Director of Engineering Services, - 1.7 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works, - The Servicing Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works, - 1.8 Further to the issuance of a 'Certificate of Acceptance' I by-laws are required to - permit the Municipality to assume certain streets within Plans 40R-19834 and 10M-797 as public highway (Attachments 2 and 3), - - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - .. - - - 718 - Highway NO.2 ~/ \ Plan40R-19834 Osgoode Gate Subdivision " / 'v~ / / / /< I' / rt p..datnS Dr. Robe .Jr ~~~ IS DRAWN BY: E.L. REPORT EGD-19-04 ATTACHMENT NO.1 71Q .. .. .. III .. c\ .. .. .---- " ~ ---------- Q) ro > .. .9~ I/) ~ ll. .. --------- .. --- -/------- .... .. _/ .. .. .. .. DATE: April 13, 2004 .. .. ... - ATTACHMENT NO.: 2 REPORT NO.: EGD-19-04 - THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON - BY-LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the Parts and Block shown on Plans 40R-19834 and 1 OM-797, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as a public highway: - Parts 5, 10, 11, 17, 18, and 19 on Plan 40R-19834 Block 169 on Plan 10M-797 - - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - - - - 720 - - ATTACHMENT NO.: 3 REPORT NO.: EGD-19-04 .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. BY-LAW 2004- Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. THAT the Parts and Block shown on Plans 40R-19834 and 10M-797, arid listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: .. .. Parts 5,10,11,17,18, and 19 on Plan 40R-19834 Block 169 on Plan 10M-797 ... BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. .. .. ... John Mutton, Mayor .. .. Patti L. Barrie, Municipal Clerk .. .. .. .. 721 .. .. - - Cl!JlmglOn REPORT - ENGINEERING SERVICES - Meeting: GENERAL Pl:JRPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19, 2004 - Report #: EGD-20-04 File#: 8.01.17.001 By-law #: - Subject: CLARINGTON CORNERS SUBDIVISION, BOWMANVILLE PHASE 1 STAGE 1 AND STAGE 2A, PLANS 40M-1904 AND 40M-1907 (PART OF), 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - - RECOMMENDA TIONS: - - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. - 2. - 3. - THAT Report EGD-20-04 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 Plans 40M-1904 and 40M-1907 (part of); and THAT Council approve the by-laws attached to Report EGD-20-04, assuming certain streets within Plans 40M-1904 and 40M-1907 (part of) as public hic;hways, '. - - dtt~~ ov~~ - Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/ASC/jw April 1, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 722 - REPORT NO.: EGD-20-04 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered December 3, 1997, with Green-Martin Holdings Ltd, to develop lands by plan of subdivision, located in Bowmanville and described as Plans 40M-1904 and 40M-1907 (part of) (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) I~itial Works; b) Street Liohtino System; c) Final Works; and d) Stormwater Manaoement System 1.3 The Initial Works and Street Liohtino System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater Manaoement System works associated with this project. 1.5 The Final Works were issued a 'Certificate of Completion' dated September 4, 2001. This initiated a one (1) year maintenance period, which expired on September 4,2002. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services, 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works, The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' forthe Final Works, 723 ... .. ... ... ... ... ... .. ... ... .. .. .. .. ... ... ... .. .. - REPORT NO.: EGD-20-04 PAGE 3 - - 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plans 40M-1904 and 40M-1907 as public highways (Attachments 2 and 3), - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - - - - - - - - 724 - - " /~: . ::: -t:::--... -.....:::t ~ I~i!~ ~ ~ r--- .. I~m~~:~.:: U~~h~~~. ____:g .. . ~U('" "::~":':" :......;9.n:0r.: --- 0:: ~:-:-~;. .... ":'~""':':':""""'" '. :{. . - . 'f:.: .':. .... . .............~ ... ~.::::.:..: ::: ::::L;~: ::t:)::q:::::::[t:::: ~ g: $' ~~~ .~:::>>+ :n:~<::~: ___ (; .;.;.;. -:.: +-H',~:,;,~ ~+l :. '.;...: ---.J ,*.):q (:::>:.:: ~OO' :~~. :::: ______ .. 8-:-'.:::~9::::~ -:-;..'tl'::,';':': .... ~':'Iil ~ :T:illi$. $j; Ii ~0: ~. -:.: +-H "':';";';'~ ;:;;u,. ;. ~ '.' ~/= :<t~ ~ U:2 iJ: / 3JJ~~.:i;m~:li!/i~~II:>\j~!~~ ~ {:;: ~~: ~I:":::::::: ~~ ~ ::: ~::;::. ;~;:! l"- I I\~;' ::-:::::;..:.::.., . ":'. I"- \ <:;::....\:;:=/. ':;: t:: Plan 40M-1904 ~ 1'\ ( ':<~~<:=:)I:: --......- Clarington Corners Subdivision == "':)~~6f.:U>:.... . Phase 1, Stage 1 := ~= ""::'~":""'i1ill ~ ~ ':<i;i~;!>~;);i1 ,,_ ~ / .....VlT11- iTh~~ ~~ -.. ~ .. I I --.. ~ Plan 40M-1907 (Part) Clarington Corners Subdivision Phase 1, Stage 2A c, CD ~~.. ES~ ~~--.; JjJlliJ ~ KEY MAP l"", ---lJ ~ I BJH~2 SUBJECT ~:< ] ::7 G'~'~' SITE ~~ ~~~~! ~ ~~::::.~ h V ~ /1 BOWMANVILLE ~ ~ I f-A I ~~ - L-- .. .. ... .. - .. i ... 11{ ~.....~ s .. .. DRAWN BY: E.L. I DATE: April 13, 2004 .. REPORT EGD-20-04 ATTACHMENT NO.1 "~a .. .. - ATTACHMENT NO.: 2 REPORT NO.: EGD-20-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the Blocks shown on Plan 40M-1904, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: - Blocks 85.88,89,90,91,92.94,95, and 99 on Plan 40M-1904 - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. - - - John Mutton, Mayor - .... Patti L.lBarrie, Municipal Clerk l.o. - - - - 726 - - ATTACHMENT NO.: 3 REPORT NO.: EGD-20-04 ..., .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- .. Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. ... NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. THAT the Streets and Blocks shown on Plans 40M-1904 and 40M-1907, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: .. .. Boswell Drive on Plan 40M-1904 Shady Lane Crescent on Plan 40M-1904 Rustwood Street on Plan 40M-1904 Bonathon Crescent on Plan 40M-1904 Blocks 85, 88, 89, 90, 91, 92, 94, 95, and 99 on Plan 40M-1904 Rustwood Street on Plan 40M-1907 Bonathon Crescent (westerly section only) on Plan 40M-1907 - .. BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. .. .. .. John Mutton, Mayor .. .... Patti L. Barrie, Municipal Clerk .. .. .. 727 .. .. .. - Cl!}!IDglOn REPORT - ENGINEERING SERVICES ... Meeting: Date: - Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19,2004 EGD-21-04 File #: 8.01.16,004 By-law #: CLARINGTON PLACE SUBDIVISION, BOWMANVILLE, PLAN 40R-16730, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - RECOMMENDA TIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-21-04 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40R-16730; and - - 3. THAT Council approve the by-laws attached to Report EGD-21-04, assuming certain parts within Plan 40R-16730, as public highway. - - !Ittn~ ()~~~ - Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/ASC/jw April 1, 2004 - _ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 728 . - ... REPORT NO.: EGD-21-04 PAGE 2 .... 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington' entered into a Development and .... Servicing Agreement, registered June 13, 1996, with Clarington Place Limited and Willsonia Industries Limited to develop lands by plan of subdivision, located in .. Bowmanville and described as Plan 40R-16730 (Attachment 1), The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, .. curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works', .. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) .... stages: .... a) Initial Works; b) Final Works; c) Street Liahtina System: and d) Stormwater Manaaement System .. .. 1.3 The Initial Works and Street Liahtina System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. ., .. 1.4 There are no Stormwater Manaaement System works associated with this project. .. 1.5 The Final Works were issued a 'Certificate of Completion' dated July 30,2001. This initiated a one (1) year maintenance period, which expired on July 30,2002. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services, .. .. .. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works, The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. .. .. 729 .. - REPORT NO.: EGD-21-04 PAGE 3 - - 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain parts within Plan 40R-16730, as public highway (Attachment 2 and 3). - - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law .. - - - - - - - .. - - - 730 - ... .. Plan 40R-16730 Clarington Place ... IIIIli ! ~ . : ; ~ ~ j ~~:~t~~~: ~:,~i ... .. CLARINGTON . .5' . PLACE ... 111 U =:=: IIIIli ... .. Highway No.2 ... .. .. ... .. 1'( ~~~ s ... IIIlI DRAWN BY: E.L. DATE: April 13, 2004 , II1II REPORT EGD-21-04 ATTACHMENT NO.1 .i '~1 iii .. ATTACHMENT NO.: 2 REPORT NO.: EGD-21-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY~LAW 2004- - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the Parts shown on Plan 40R-16730, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: .. Parts 1,5,6,7,10,11,13,15 and 17 on Plan 40R-16730 - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. .- - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - '- " - - .. - - 732 - ATIACHMENT NO.: 3 REPORT NO.: EGD-21-04 .Iii IIIIIl THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- IIIIIl Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. IIIIIl NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: IIIIIl 1. THAT the Parts shown on Plan 40R-16730, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: IIIIIl IIlIIi Parts 1, 5,6,7, 10, 11, 13, 15 and 17 on Plan 40R-16730 .. BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. ... IIIIIl IIlIIi John Mutton, Mayor ... ... Patti L. Barrie, Municipal Clerk IIIIIl ... .Iii .. 733 .. J - -CINilJglon REPORT - ENGINEERING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19, 2004 - Report #: EGD-22-04 File #: 8,01,16,005 By-law #: - Subject: CLARINGTON CENTRE SUBDIVISION PHASES 1 AND 2, BOWMANVILLE, PLANS 40R-16302 AND 40R-16727, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1, THAT Report EGD-22-04 be received; - 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40R-16302; and - 3. THAT Council approve the by-laws attached to Report EGD-22-04, assuming certain parts within Plans 40R-16302 and 40R-16727, as public highways. - - - ~~ o~~ - Submitted by: Anthony Cannella, C,E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/AHC/jw April 1, 2004 .- CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 734 - REPORT NO.: EGD-22-04 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision and Development Agreement, registered January 16, 1997, with 829426 Ontario Inc. and 838083 Ontario Inc, to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40R-16302 (Attachment 1), The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works', 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Final Works; c) Street LiQhtinQ System: and d) Stormwater ManaQement System 1.3 The Initial Works and Street LiQhtinQ System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 There are no Stormwater ManaQement System works associated with this project. 1.5 The Final Works were issued a 'Certificate of Completion' dated September 1, 2001, This initiated a one (1) year maintenance period, which expired on September 1, 2002, The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works, The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 735 ... ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. J. III - REPORT NO.: EGD-22-04 PAGE 3 - 1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit - the Municipality to assume certain parts within Plans 40R-16302 and 40R-16727, as public highway (Attachments 2, and 3). - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law _ Attachment 3 - Proposed By-law - - - - - - - - - - - - 736 - .. ... ... ... Highway No, 2 'C ca o a::: c: G) l!! C) ... CLARINGTON CENTRE ,; > iii c: .s C) c: '1: ca .Y. ... Plan 40R-16302 Clarington Centre Phases 1 and 2 ... ... Prince William Blvd, . . ..:...... '-:....."0:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. :.:.:-:.:-:.:.:.:.:.:.:.:.:.:. lIIIIl lIIIIl .. BOWMANVILLE .. ... JI{ ~~~ .8 ... ... III DRAWN BY: E.L. DATE: April 13, 2004 REPORT EGD-22-04 ATTACHMENT NO.1 .. 737 ... liIIII - ATTACHMENT NO.: 2 REPORT NO.: EGD-22-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004~ - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the Parts shown on Plans 40R-16302 and 40R-16727, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: - Parts 3, 4, 5,6,12,14,17,18,19,20, and 21 on Plan 40R-16302 Parts 1, 3, 7, 8 and 9 on Plan 40R-16727 - - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. - - John Mutton, Mayor - - \ Patti L. Barrie, Municipal Clerk - - - - .. 738 - ATTACHMENT NO.: 3 REPORT NO.: EGD-22-04 ... .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ... BY-LAW 2004- Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. ... NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. THAT the Parts shown on Plans 40R-16302 and 40R-16727, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: ... .. Parts 3, 4,5,6, 12, 14, 17, 18, 19,20, and 21 on Plan 40R-16302 Parts 1, 3, 7, 8 and 9 on Plan 40R-16727 ... .. BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. ... ... ... John Mutton, Mayor ... ... Patti L. Barrie, Municipal Clerk .. .. .. 739 .. ,1 .. .. - Clfl!illglOn - - - - - - - .. 1, - 2. - 3, - REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19, 2004 Report #: EGD-23-04 By-law #: File #: 8.01.16,002 Subject: ASPEN SPRINGS SUBDIVISION, BOWMANVILLE PHASES 1 B, 5 AND 6A PLANS 40M-1686 (PART OF), 40M-1894 AND 40M-1881 'CERTIFICATES OF ACCEPTANCE', AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report EGD-23-04 be received; THAT the Director of Engineering Services be authorized to issue 'Certificates of Acceptance' for the Roads and Above Ground Services constructed within Plans 40M- 1686 (part of), 40M-1864, and 40M-1881; and THAT Council approve the by-laws attached to Report EGD-23-04, assuming certain streets within Plans 40M-1686, 40M-1734, 40M-1816, 40M-1864, and 40M-1881 as Public Highways. - - ~ () ~~ Ls~ Submitted by: Anthony Cannella, C.E.T, Reviewed by: Franklin Wu, ... Director of Engineering Services Chief Administrative Officer NAC/ASC/jw April 1, 2004 - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 740 ... REPORT NO.: EGD-23-04 PAGE 2 till 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the .. Municipality of Clarington, entered into a Subdivision Agreement, registered October 10, 1991, with Martin Road Holdings Limited to develop lands by plan of subdivision, located .. in Bowmanville and described as Plans 40M-1686, 40M-1864, and 40M-1881 (Attachment 1), The agreement required the developer to construct all roadworks, .. including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. .. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: .. a) b) c) d) e) Storm Sewer System: Roads and Above Ground Services; Tributary Stormwater Manaoement Works; Water Quality Works: and CPR Underpass Work. .. till ... 1.3 Phases 1 B, 5 and 6A Storm Sewer System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. .. .. 1.4 The Tributary Stormwater Manaoement Works and Water Quality Works were issued 'Certificates of Completion' and 'subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. .. .. ... 1.5 There are no CPR Underpass Works associated with this project. ..... 1.6 Phase 1 B Roads and Above Ground Services was issued a 'Certificate of Completion' dated September 4,2001. This initiated a two (2) year maintenance period, which expired on September 4, 2003. The works were re-inspected at that time, and all .. .. 741 .. - REPORT NO.: EGD-23-04 PAGE 3 - deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. - - 1.7 Phases 5 and 6A Roads and Above Ground Services were issued 'Certificates of Completion' dated September 14,2001. This initiated a two (2) year maintenance period, which expired on September 14, 2003, The works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. - - - 1.8 It is now appropriate to issue 'Certificates of Acceptance' for the Phases 1 B, 5 and 6A Roads and Above Ground Services. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificates of Acceptance' for the Roads and Above Ground Services. - - - 1.9 Further to the issuance of 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plans 40M-1686, 40M-1734, 40M-1864 and 40M-1881 as public highway (Attachments 2 and 3). - Attachments: - - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - 742 - r . t::::1 ~ '- =!jla~6~'6-~P~~).J f-" Aspen)S~it1~S ~dlvlslon f- \ P~e ~ I {~= ';..':'_:';:::: II I-- ....'.'... '\: - ::-:-:.:.:...... , Hartwell Dr, l'" ... \---. t=== - II \ I(~ -~ ~ \-\f0; III Q'" I - 1- == - //= ~... -I--- - =1--- = - =... - - - - == '-- .. ~' ~ Q I-- ~ I-- t:lJq,\$' ~ b Ll~t<:: -:3 ~ --1 (II m _ :....30.... >-- ~ \ \ Plan 40M-1881 --"""'" :::: ':':' I- J-- ,,\ \ _ ..... i----"""": Aspen Springs Subdivision- ) ::=:: f-- I--- ..... Phase 6A I-- > .:.:. >-- I--- .:.; :.;.; >-- EiiT~ U-\l I l)~V v. !fIT -- - - i-- l- I- l- I- f-- , I I I J J I I 1 ,\~n~YCastle Dr, ~ \ ASPEN SPRINGS SUBDIVISION .-< ~ "~ f---.o ~ ill ~\ 1\ == ~_ \U/{'Z - ~ - ~ TrY:. P;~\<::- ,.J ~ \ ~enfoun~ eres,l I:::::::: - - == - - ~ ~. v..,6 ~:~ ~6 (b< ::0 I . . . . .' . '. . 00 ,0, :~::::::: ::::: ~ .. ....... . . . . . . . ............... '0 Vf( ~ /HN1;\ - 8 l- S - G.l 't:l 1/ l--- en ~ .. "l~ I/) I- G.l H \- --1 ~ ~ / .J --1 1\ Plan 40M-1864 ~ Aspen Springs Subdivision \.", Phase 5 '\ ~l rrilr-. , 1 Y il~EO~N02~ ~~ Spl3,JEg ~ j ~1I-1 [.~{TE.:)~ (r ~_ i ~ ~ ~~ """ ~ \~ ~ ;/'\" Rfiiiiil h /~ ~~!! ~ ~ ~~~ V/" il LI~~~_ - ~ c'5 Ir"~ ~pwMANVIJL . ~ KEY MAP It ~~~ 8 DRAWN BY: E.L. DATE: April 13, 2004 REPORT EGD-23-04 ATTACHMENT NO.1 "'II') ... - ... - - - - 't:l - CG ... 0 0:: - c: :e CG :E ... rn_ - == - - .. .. .... ... .. .. till .. ATTACHMENT NO.: 2 REPORT NO.: EGD-23-04 - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- - Being a By-law to establish, lay. out and dedicate certain lands as public highways in the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the Blocks shown on Plans 40M-1686, 40M-1734, 40M-1816, 40M- 1864, and 40M-1881, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: - - Block 110 on Plan 40M-1686 Block 75 on Plan 40M-1734 - Blocks 98, 99 and 100 on Plan 40M-1816 Block 24 on Plan 40M-1864 - Blocks 14 and 70 on Plan 40M-1881 - - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. - - John Mutton, Mayor - Patti L. Barrie, Municipal Clerk - - - - 744 - ATTACHMENT NO.: 3 REPORT NO.: EGD-23-04 .. .. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2004 .. Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. THAT the streets and blocks shown on Plans 40M-1686, 40M-1734, 40M-1816, 40M-1864, and 40M-1881, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways and assumed by the said Corporation for public use: .. I11III Hartwell Avenue on Plan 40M-1686 Block 110 on Plan 40M-1686 Block 75 on Plan 40M-1734 Blocks 98,99 and 100 on Plan 40M-1816 Remmington Street on Plan 40M-1864 Bottrell Street on Plan 40M-1864 Block 24 on Plan 40M-1864 West Side Drive on Plan 40M-1881 Blocks 14 and 70 on Plan 40M-1881 ... ... ... BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April; 2004. ... ... ... John Mutton, Mayor .. Patti L. Barrie, Municipal Clerk ... .. .. 745 ... II1II - - C[fllmglOn REPORT - ENGINEERING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 19, 2004 - Report #: EGD-24-04 File #: 8.01.16,002 By-law #: - Subject: ASPEN SPRINGS SUBDIVISION PHASE 6B, BOWMANVILLE PLAN 40M-1944, 'CERTIFICATE OF ACCEPTANCE', AND 'ASSUMPTION BY-LAWS', STORM SEWER SYSTEM AND ROADS AND ABOVE GROUND SERVICES - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-24-04 be received; - 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Storm Sewer System and a 'Certificate of Acceptance' for the Roads and Above Ground Services constructed within Plan 40M-1944; and - 3. THAT Council approve the by-laws attached to Report EGD-24-04, assuming certain streets within Plans 40M-1944 and 40R-15002 as Public Highways. - - ~/t6dZ-- ou~~ .~~ - Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - NAC/ASC/jw April 1, 2004 - _ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 746 - .. REPORT NO.: EGD-24-04 PAGE 2 .. 1.0 BACKGROUND 1.1 The former Corporation of the Town of Newcastle, now the Corporation of the .. Municipality of Clarington, entered into a Subdivision Agreement, registered October 10, 1991, with Martin Road Holdings Limited to develop lands by plan of subdivision, located .. in 80wmanville and described as Plan 40M-1944 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, .. curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works', .. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: .. a) b) c) d) e) Storm Sewer System; Roads and Above Ground Services; Tributary Stormwater Manaqement Works: Water Quality Works: and CPR Underpass Work. .. .. .. 1.3 The Tributary Stormwater Manaqement Works and Water Quality Works were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. .. .. ~, r .. 1.4 There are no CPR Underpass Works associated with this project. .. 1.5 Phase 68 Storm Sewer System was issued a 'Certificate of Completion' dated February 18,2000. This initiated a two (2) year maintenance period, which expired on February 18, 2002. The works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. .. .. 1.6 Phase 68 Roads and Above Ground Services was issued a 'Certificate of Completion' dated September 14, 2001, This initiated a two (2) year maintenance period, which .. .. 747 .. - REPORT NO.: EGD-24-04 PAGE 3 - expired on September 14, 2003, The works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services, - - 1.7 It is now appropriate to issue 'Certificates of Acceptance' for the Phase 6B Storm Sewer System and Roads and Above Ground Services. The Subdivision Agreement requires - Council approval prior to the issuance of the 'Certificates of Acceptance' for the Storm Sewer System and Roads and Above Ground Services. - 1.8 Further to the issuance of 'Certificates of Acceptance', by-laws are required to permit the - Municipality to assume certain streets within Plan 40M-1944 as public highway (Attachments 2 and 3). - - Attachments: - Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law - - - - - - - - 748 - ~'\ r-, \ n ~PI~M-1944 \ jy ~ J ~ vAspen Springs Subdivision t::J~"( h~ ;::::::--:; i~,--==-_i Phase6B \ "~~~~'l II J;;53 '~f~ ~r ,y- ~. ~.. U \: ~ -, ~II I == r--. ~ - f==j. \ \ - .\ ~ _ =::::::f ,,\ \ + ==~ s::- . ~ - -; \./.\ -~ .. +:-8 I ~ - I tiE -== uIT I I \\ .. \\ $ I, \ BO~~;c~stl~D'. I \"\f11; I IIII ~ I ~ ~\\ ASPEN SPRINGS ~ .. ~ S . SUBDIVISION '0 = ~ W 11@ ~. ~ -.. ~ tI~~ ~ i I-- f-- ::E ~ l--- ~ . .. ~ \ p.~f?undC~.1 I ].. nT\) v(,1li ~ ,- ~ ~~ ~ S e(,~1li I f-- ~ t-- ~.. I II\~ (~ - ~.. ~,!- ~e- ~.. _ c;;/ _ - iii -_ - Q) - ~ /J =.. ~~ Jl r-J.~ ! ~ i1Iri]}2~ ~~ ~1srr, ~ 9111 ~ ~ g ~~ ~ ~ >=l~ .lY \) ~ 0 iI E ~ r\ 8 Effiffit bt: j ,a: Il~m - REPORTEGD-24~4 BqWMANV/~LE ~fl1 KEY MAP I ATTACHMENT NO.1 - - - .. == == - r:= t-- J .. .. I l~ D \- ~ .. /'f .,,~~ s .... .. .. .. 74~ .. - ATTACHMENT NO.: 2 REPORT NO.: EGD-24-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - BY-LAW 2004 - Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1. THAT the Part shown on Plan 40R-15002, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway: - Part 2 on Plan 40R-15002 - - BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third time and finally passed this 26th day of April, 2004. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - - - - - - 750 - ATTACHMENT NO.: 3 REPORT NO.: EGD-24-04 .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. BY-LAW 2004~ Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. .. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: .. 1. THAT the Streets and Part shown on Plans 40M-1944 and 40R-15002, and listed below this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation 0 f the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: .. ... Higgon Street on Plan 40M-1944 Part 2 on Plan 40R-15002 .. BY-LAW read a first and second time this 26th day of April, 2004. BY-LAW read a third and finally passed this 26th day of April, 2004. .. .. .. John Mutton, Mayor .. .. Patti L. Barrie, Municipal Clerk ... .. .. .. 751 .. .. - - ClNilJgton REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 19,2004 EGD-2S-04 File #_ By-law # CONSTRUCTION OF SIDEWALK ON OLD SCUGOG ROAD, ENNISKILLEN, FROM ENTRANCE TO HOUSE NO. 8101 TO VIRTUE COURT - Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-2S-04 be received; - - 2, THAT staff proceed with the tendering of the works required to construct new sidewalk on the east side of Old Scugog Road fronting Enniskillen Public School to 20 m north of the northerly entrance to the school and from this same point northerly on the west side of Old Scugog Road to Virtue Court; - 3, THAT in addition to the sidewalk construction, the following works be undertaken to improve pedestrian safety at this location: - . Provide a 2,S m wide paved boulevard fronting the school with a designated pedestrian area delineated with a white painted line, - . Provide line painting and additional signage at the sidewalk crossing location on Old Scugog Road SO m north of Werrydale Drive, - . Paint a solid yellow centre line on Old Scugog Road. - . Erect additional school zone signage at the proposed crossing location (4 signs - 2 in each direction on both sides of the road), . Improve street lighting. - 752 - REPORT NO.: EGD.2S.Q4 PAGE 2 .. ... 4. THAT all those who attended the Public Meeting on February 9,2004 and who have contacted the Municipality regarding this matter, be informed of this report being received by Council. .. .. .. Submitted by: d!h4ZJ A.S, Cannella, C.E.T., Director of Engineering Services Reviewed bY:() ~~ Franklin Wu, Chief Administrative Officer ... .. .. .. ... .. - .. .... .. .. ... 753 .. ... .. REPORT NO,: EGD.2S-Q4 PAGE 3 - 1.0 BACKGROUND 1,1 The need for the construction of new sidewalks in Enniskillen was reviewed by staff in 2003, A sidewalk warrant was undertaken and due to a number of factors, it was concluded that sidewalks are warranted in this area, Sidewalk on Old Scugog Road in Enniskillen was tendered for construction in June 2003. Work was carried out in 2003 up to the north side of the entrance to House No, 8101, on the east side of the street. Sidewalk proposed from this point northerly to Virtue Court was deleted from the 2003 construction program due to budgetary constraints, - - - - - - The deletion of this portion of sidewalk construction from the 2003 contract also allowed time to focus on the resolution of concerns raised by residents impacted by the proposed sidewalk. - - 2.0 INFORMATION CENTRE, FEBRUARY 9,2004 2,1 As a result of concerns raised at the first Public Information Centre on June 4, 2003 and subsequent comments received by the Municipality by area residents, revisions were made to the original design proposal and were presented at the second Information Centre, - - - The major changes to the original design proposal were implemented to address drainage concerns and reduce conflict with trees, shrubs and ditch slopes, A summary of the design revisions are as follows: - . A reduction of sidewalk width from 1,5 m to 1,2 m on the west side of Old Scugog Road, An alternative arrangement in front of the school to provide semi-mountable curb and a paved boulevard for parking and pedestrian movement. The provision of drainage capture to minimize surface run-off reaching the driveway of House No. 8101, Old Scugog Road, - . - . - - 754 - REPORT NO.: EGD-2S.Q4 PAGE 4 ... ... For the February 9, 2004 Public Information Centre, a questionnaire was circulated to gain input from area residents regarding the sidewalk and their walking habits, Some area residents also organized a petition for those favoring the sidewalk construction, Another petition was organized by an area resident which did not address sidewalks, but did identify other areas of concern. These recommendations were reviewed and incorporated in the design changes (below) where possible, The petition, correspondence received from local residents, the questionnaire and the comment sheets from the Information Centre are on file, The results of this documentation are summarized as follows: ... ... .. ... ... PUBLIC RESPONSE SUMMARY Source Yes No Yes..but Total . East side ... Circulated Questionnaire 18 3 0 21 Information Centre- 5 0 0 5 Comment Sheets Information Centre- 13 2 2 17 Registration Sheet Sub-total . 36 5 2 43 Duplicates = Answered both on 5 0 0 5 the Registration Sheet and the Questionnaire. NET TOTAL 31 S 2 38 .. .. .. .. Petition in Support of Sidewalks on Old Scuaoa Road Number of Supporters Local Not local 64 53 11 .. ... NOTE: Separate Responses from the same household were counted as single response, - The total number of registered people that attended the February 9, 2004 Information Centre was 35, ... ... .. .. 755 .. .. REPORT NO.: EGD.25-Q4 PAGE 5 2.2. Design Changes Resulting from the Second Information Centre and Petitions Further design changes were made to the sidewalk as a result of the input received at the February 9,2004 Information Centre, These changes are as follows: - - - - . - . - - - - - - - - - - - - - The sidewalk crossing point was moved further north of Enniskillen Public School to provide additional separation from the north entrance to the school and provide better visibility, The asphalt boulevard fronting the school has been widened to 2,5 m to provide a designated walking area which will be delineated with white paint. This will allow pedestrian use during the short period when vehicles are parked at this location for drop off and pick up, . Four (4) additional school zone signs (Wc-101), one in each direction on both sides of the road, will be added at the proposed crossing location to heighten driver awareness, As this crossing location will not have a crossing guard, the standard "school crossing" signage 0Nc-2 and Wc-120) can not be used. The crossing will be painted with double white lines on each side of the crossing, . To help address speeding concerns, a solid yellow centre line will be painted on Old Scugog Road, . A review of lighting conditions will be undertaken and recommendations will be made, Funds are available, to implement minor street lighting upgrades in 2004, As part of the design and review process, other options for pedestrian movement were reviewed and either because of physical constraints or safety concerns, were ruled out as preferred options, The following is a brief summary of some of these options: 756 REPORT NO.: EGD-2S-G4 PAGE 6 . Place sidewalk on east side of Old Scugog Road - property purchase (or dedication) required to accommodate sidewalk platform, - no defined crossing location. - provision of multiple culverts would be required to allow pedestrians to cross the roadside ditch, - requirement for the Operations Department to provide winter de-icing and sno~ clearing services due to a lack of developed frontage, "1 Utilize tJxisting drainage easements between Virtue Court and Salter Court to provide pedestrian access - inappropriate use of drainage easement. This easement was granted to the Municipality for drainage purposes, The owner(s) of the land is not in favour of changing its use to pedestrian, particularly since the width is deficient and additional easement width would be required. - tendency of pedestrians to take shortest route would result in people still walking on Old Scugog Road, Pave a wider shoulder and paint the pedestrian delineation with a white line - this option does not provide the continuous physical separation for pedestrians from moving vehicles therefore creating a safety concern, .. .. IIIIll1 .. ... .. ... IIIIll1 .. ... .... IIIIll1 In addition to the review of design options, staff also summarized the various works/studies undertaken to date in Enniskillen relating to the cidewalk and IIIIll1 vehicle speeds on Old Scugog Road. A copy of this summary is also attached to this report. .. . . Based on the design process to date, it is recommended that the project be _ tendered for construction in 2004, The estimated cost of construction for this project is $170,000,00 and has been included in our Engineering Services IIIIll1 Department 2004 Capital Budget. 757 ... ... .. - Meeting: Date: - Report #: - Subject: - - ... - ... ... - - - - ... - - - - - UM.iQglon REPORT ENGINEERING SERVICES DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE April 19, 2004 EGD-26-04 _File #: By-law #: LAURIE & ELIZA HACHEY - APPLICATION TO OPEN AND ASSUME A PORTION OF LONG SAULT ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report EGD-26-04 be received; 2, THAT the Director of Engineering Services initiate the appropriate actions to respond to the application made by Laurie & Eliza Hachey to have the Municipality of Clarington open, assume and maintain the portion of Long Sault Road 2545 metres north of Regional Road 20 to approximately 2715 metres north of Regional Road 20. These road improvements would be from the entrance to the Preservation Sanctuary Club, ending 170 metres north, (see Attachment No, 1); 3, THAT if Council decides to open, assume and maintain Long Sault Road from the entrance of the Preservation Sanctuary Camp Club, north 170 metres, Laurie & Eliza Hachey will be responsible for all costs associated with the request; including the design and construction of that portion of the road to municipal standards and in accordance with the Municipality's standard servicing agreement, legal, survey, advertising and administrative costs. 4, THAT the application submitted by Laurie & Eliza Hachey be referred back to staff for further processing and the preparation of a subsequent report which will be presented to Council after Engineering Services has; received comments from internal and external stakeholders, the required registered reference plan of survey, . payment for all of the estimated costs to the Municipality and receipt of all signed documents and agreements as are deemed necessary by our Municipal Lawyer. 758 REPORT NO.: EGD-26-04 .. Page - 2 - ... . 5. THAT Mr, & Mrs,' L. Hachey be notified of Council's decision, ... .. ~ Submitted by: Anthony Cannella Director of Engineering Services ASC*jb ... ... .... ()~~ Reviewed by: Franklin Wu Chief Administrative Officer ... ... ... .... ... ... ... ... .. .. .. 759 .. - REPORT NO.: EGD-26"()4 Page - 3 - - 1.0 BACKGROUND - 1.1 In 1997 the Preservation Sanctuary Camp Club approached Council for approval to improve Long Sault Road from 1 045m north of Regional Road 20 to 400m south of the St. Lawrence and Hudson Railway, being the entrance to the Preservation Sanctuary Camp Club, Furthermore a request was made to Council that this portion of the road be opened and assumed for year round maintenance by the Municipality of Clarington once the improvements were completed to the satisfaction of the Director of Engineering Services. - - - - On May 4, 1998, Mr, Laurie Hachey informally approached Members of Council to express his desire to have the extension of the road approved further north to provide legal access to his personal property, At the time it was felt that unnecessary delays would result if Mr, Hachey's request were considered in conjunction with the application made by the Preservation Sanctuary Camp Club, Mr, Hachey advised that he did not wish for his request to delay the approval of the existing application and agreed instead to apply separately at a later date. - - - - - Mr, & Mrs, Hachey subsequently made a decision to build a house on the subject property but in order to qualify for a building permit they were first required to obtain 100 feet of frontage onto an open, maintained road. On November 11, 2003 Mr, & Mrs, Hachey made formal application to have the Municipality open and assume the road and submitted the required application fee. - - 2.0 APPLICATION PROCESS - 2,1 The purpose of this report is to initiate the application process, Applicants who formally request that the Municipality of Clarington consider a road opening must participate in a two-stage application process, The first phase is the "feasibility phase" which allows the municipality to collect comments from inside and outside agencies to determine whether the application warrants further consideration and to provide the applicant with an estimate of costs for the design and construction to Municipal standards for the extension of the proposed road, 760 - - - - ... REPORT NO.: EGD-26"()4 Page - 4 - ... ... If the proposed road opening is deemed "feasible" the application will proceed to the second "road opening" phase which includes the preparation of cost estimates and the initiation of a public process, If each phase is successful Council will be presented with a second report which asks that a by-law be passed giving approval to open and assume the road. ... ... ... 3.0 COMMENTS ... 3.1 Status of Lona Sault Road As can be seen from Attachment No, 1, Long Sault Road from Regional Road 20, north approximately 2545 metres is an open maintained road. From approximately 2545 metres north of Regional Road 20 to the Boundary Road, Long Sault Road is an unopened, unimproved road which receives a standard of maintenance consistent with a summer maintained road, Generally, this means that the road is graded twice annually and, if necessary, gravel may be added, The Operations Department does not provide winter maintenance beyond the point 2545 metres north of Regional Road 20. ... - ... ... ... 3,2 Condition of Lona Sault Road The improved portion of Long Sault Road is surface treated. The unimproved portions of the road consist of a sandy soil material which appears suitable for the construction of a road pavement structure, ... ... 4.0 ROAD OPENING REQUIREMENTS ... 4,1 Municipal Reauirements The applicants will be required to submit a registered reference plan of survey for the subject road allowance at their expense, This must be filed with the Municipality within one year from the date of the motion approving the application. The applicants will also .. III III 761 .. - REPORT NO.: EGD-26"()4 Page - 5 - - - be required to submit payment for all of the estimated costs involved in this application to the Municipality for legal fees, advertising fees and other administrative costs, Payment for these costs will not be refundable even if Council does not pass the by-law to open and assume the subject section of road, - - 4,2 Constructton Costs and Municioal Standards Staff from the Engineering Services Department will prepare an up-to-date, detailed cost estimate showing complete costs involved in constructing the said road to municipal standards, A copy of this cost estimate will be provided to the applicants who will be required to sign all documents and agreements necessary before construction can commence, Construction of the subject portion of road must be completed entirely at the expense of the applicants, Payment for the cost of constructing the road must be submitted prior to the passing of the by-law to open the road. If Council does not approve the by-law to open the said road, the costs associated with construction only will be refundable, - - - - - - 4,3 Public Process - Leaal Requirements Under the Municioal Act To change the status of the road to an improved road it is necessary to circulate the application to all abutting property owners and to advertise this proposal in the local newspaper, If no objections are received either prior to or at the advertised Public Meeting the Director of Engineering Services will seek Council approval to proceed in the passing of a by-law to open and assume the road, - - - - - - - 762 - ... REPORT NO.: EGD.26-o4 Page - 6 - .... 5.0 CONCLUSION Once all of the conditions of this application have been met and provided that there are no hindrances in opening the road a subsequent report will be prepared to provide all relevant details necessary for Council to consider granting approval for the passing of an appropriate by-law to open and assume the said portion of Long Sault Road, Following the passing of the by-law the-Director of Engineering Services will commence the construction of the subject section of Long Sault Road at the expense of the applicant. ... .. .. ... ... ... ... ... ... .. Attachment 1 - Key Map Attachment 2 - Road Opening Application from Laurie & Eliza Hachey Attachment 3 - Correspondence from Jenny Bilenduke to Laurie and Eliza Hachey .. .. .. ... ... ... 763 .... - Cl~n - - MUNICIPALITY OF CLARINGTON ENGINEERING SERVICES APPLICATION FOR ROAD OPENING - - FOR OFFICEUSE ONLY Date of Receipt NO.Jt{'(\.'cu- \ I) '2CD3 File Number Application Fee Submitted ~ g~ 0.00 Receipt I '6, ~ - Road Opening Process Fee Submitted Receipt - TillS FORM IS TO BE COMPLETED IN FULL BY THE REGISTERED OWNER OF THE LAND THAT IS THE SUBJECT OF THE APPLICATION OR BY A PERSON AUTHORIZED TO ACT ON THE REGISTERED OWNER'S BEHALF, PLEASE PRINT Name of Applicant L41. v /iU6- ... EJ... 1'Z.;I<t Pf1:\ C ~c ~ Mailing Address I' /:2 a ,(t!1N G- 6/QA.) to. '1 J2.ol !:nJA} (.sI<'t:'Z L ("'" ~ Postal Code hO/3 IJL!> . Telephone Number (H) 'f /)~ :1(;3 ,:JeffS- (B) (F) L t::"L ( z.rr. Name of Owner , Aull!. 1(;:- !-IA-c..-1-I6-Y Mailing kddress I d it) I:;J. Co I-c -V Q. S ,q.lJ s... "'1 R Postal Code ~t3 1ft') . Telephone Number (II) 905~~~~oqS- (B) (F) D~~1: f=::/z:-j~Z~ ~f~.h"A7~ 170!11.. . The subject road al10wance is located immediately of my property. , (SW, S, SE, E, NE, N, NW, W) Address or property roll number affected by this request - - - - - - - - - - - Attachment 2 - Road Opening Application 7 6 t from Laurie & Eliza Hachey - .. .... J ?~ .... ~ .. .. I LI4 () f<.{C;-- &"L I ZA (Full Name in Bloc apitals) I-f jtJ.c... t-{ € Y I hereby certify that I am the registered owner. .. D.~~~t5CJ ~ - I Council Approved - Resolution # [ - .... ... -- - - .. .... .. .. .. "! 765 - - Cl~iJJglOn Attachment 3 - Correspondence from Jenny Bilenduke to Laurie and Eliza Hachey .. - December 10, 2003 - - Mr. & Mrs. Laurie Hachey 10126 Long Sault Road Enniskillen, Ontario LOB 110 - Dear Mr. & Mrs. Hachey: - I would like to acknowledge having received your recent application with respect to the extension and opening of a portion of Long Sault Road from the Preservation Sanctuary Club entrance, north to the proposed entrance to your property. As you are aware application for this extension and opening has been approached on several occasions both formally and informally and it is therefore necessary to clarify where we stand on this issue at this time. - - As indicated in our correspondence sent to you by Mrs. Janet O'Neill on June 7, 2002, the Engineering Department was, at that time, willing to submit a report to Council to obtain approval in principle that will allow us to proceed with your application for a road extension and opening, Now after having received your formal application and application fee we are ready to proceed in preparing this preliminary report to Council. When we are ready to go forward with tIlls initial report you will be notified and provided wit&..frcopy no less than one week prior to the meeting. - - .. If your application receives Council approval in principle we will proceed to the next steps which include: - . Requesting that you submit a registered reference plan of survey for the subject road allowance. This must be filed with the Municipality within one .year from the date of the motion approving the application or the motion will be considered null and void and a new application will be required; . The circulation of your proposal to all internal stakeholders, external agencies, authorities and abutting property owners. This proposal must also be advertised in the newspaper for four consecutive weeks prior to Council granting approval to proceed to open the road and commencement of construction. If concerns are raised we will notify you before a second report is taken to Council; . A more recent, detailed cost estimate will be prepared by the Engineering Services Department showing complete costs involved in constructing the road to cmrent municipal standards, A copy of this cost estimate will be provided to you. .. - - - - 766 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T'(905) 623-3379 - - - - Page 2- Road Opening Application - Mr, & Mrs. L. Hachey ... When all of these requirements have been met and assuming that there are no hindrances in opening the road, you will be required to sign all contracts and agreements necessary to open, construct and have the Municipality of Clarington assume the road, as prepared by our Municipal lawyer. It will also tie necessary for you to submit payment for all of the estimated costs to the Municipality for legal fees, advertising fees and other-non- refundable related costs. Payment for the cost of constructing the said road to Municipal standards must then be submitted but will be refundable if Council does not approve the by-law to open the said road. ... ... ... Once all contracts have been signed and payment has been received I will submit a second written report to Council with my recommendations. You will be provided with a copy of this report at least one week prior to the meeting. Upon receiving Council's approval of the road opening by-law and assuming that all requirements are met, I will tender the contract and begin construction. After this I will give Council a final report, for information only, to obtain approval of the construction before maintenance of the road is turned over to the Operations Department. - .. - The road opening process must be complete up to the point of having received Council's approval of the by-law within a period not exceeding one year from the date of initial submission of this application. If the process is delayed by you beyond this date this application will be considered null and void and a new application will need to be submitted, ... ... Should you have any further questions or require additional information please do not hesitate_to contact me directly. ... 1fJJ Anthony S. Cannella, C.E.T. Director of Engineering Services .... ... ASC/jb .... ... .. .. ... 767 .. - Clarington-Scugog Boundary Road 6 5 4 3 C,P,R, - ;--- ~~ -- ~ ~ ~ ~~ .~, I "'0 ro 0 0::: >> ..c 0- '-' ~ :J - ~ ~ Preservation Proposed E. xtension . Sanctuary (from Sanctua rY Entrance to 170m "orth) Unopened F oad Allowance Unopened F oad Allowan~ L,--- ~ "'0 co 0 0::: ~ :J co 00 C'> C 0 ..J Clarington-Scugog Boundary Road - -J --'" ~ - ~ ) f---- ~ ]V / Jl1"~e ~~ 5l 18.. -ECr f---- J) f---- i== s - r 51 E - t!? n ,- == CIl > c: f---- --0 --= III - ~ I~ I~ f-- ex:: -0 f-3 c: ~ ex:: 0 rv III >- C, 1'-- If----. If-- f---- (/) .c .s: 7 I DATE: MAR. 23, 2004 - Cl c. !f-'f-- c: ~ ~ DRAWN BY: E.L. 0 I lC R,,;gional Road 29- ...J :2 Cl I REPORT EGD-26-04 ~ lr- Y f Vl1 II I ~ l- f I KEY MAP l ATTACHMENT NO.1 - ! .. - - - - - - - - - - - - - - - - :; 768 - ... ... - ... - ... ... ... ... - ... ... ... ... .... ... .. .. ... I I I I I I I I I I I I I I I I I I I ClBgton REPORT EMERGENCY & FIRE SERVICES Date: GENERAL PURPOSE AND ADMINISTRAT~ON COMMITTEE APRIL 19, 2004 Meeting: Report #: ESD-008-04 File #10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - MARCH, 2004 Recommendations: It is respectfully recommended that the General Purpose and Administration Corpmittee recommend to Council the following:' 1. THAT Report ESO-008 -04 be received for information. " Reviewed by: O~~ . Franklin Wu, Chief Administrative Officer MGC*lIv 901 REPORT NO.: ESD-oOS-o4 PAGE 2 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month March 2004. It is our intent to provide Committee with information relevant to this department, in a timely manner. .2. REPORT 2.1 Staffhas changed the table attached to show the breakdown of calls responded to, by each station, as well as the total calls. The department responded to. 219 calls during this period and recorded total fire loss at $267,000.00. *VOLUNTEER STANDBY RESPONSES As indicated in the table attached, Station 1 volunteer firefighters were ~tivated eight times and Station 4 volunteer firefighters five times for standby, all were as a result of . Pumper 1 and Pumper 4 responding to emergency calls. Station 1 and 4 Volunteers were also activated four times while the duty crews for Pumper 1 and Pumper 4 completed training. ~ .902 " vLJ-\~II""~ I Vi.... I:.IVII:.t'(~t:I~l" Y & rlKt:: ~t::KVIL;t::~ ~~ IIVII Y Kt::fJUK I Period: March 1, 2004 OO:OO:OOhrs to March 31,2004 23:59:59hrs CALL TYPES. VOLUME BY STATION STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTAL CALL TYPE Bowmanville Newcastle Orono Courtlce EnniskiJIen PROPERTY FIRE CALLS 8 0 1 2 1 12 (includes structure, chimney, vehicle, miscellaneous e.g.. Furniture, clothing, etc) UNAUTHORIZED BURNING 2 0 0 2 0 4 (burning complaints) FALSE FIRE CALLS 18 7 2 17 0 44 (includes alarm activations-accidentalllmaclicisous, human-percieved, emergencys, check calls e,g, investigate an odor) PUBLIC HAZARD CALLS 7 3 2 6 0 18 (includes propane/natural gas leaks, 'fuel/chemical spills, powerlines down/arcing, C,O, leaks etc.) RESCUE CALLS 14 4 2 4 1 25 (includes vehilce extrications/accidents, commerical/industrial accidents, home/residential accidents, water/ice rescues) MEDICAL ASSIST CALLS 43 10 5 25 2 85 (includes assistance to ambulance personnel with respiratory and resuscitation emergencies) MISCELLANEOUS CALLS 11 3 0 14 3 31 (incidents not found, assistance not req'd by other agencies, call cancelled on route, etc.) I TOTALS 103 27 12 70 7 219 DOLLAR LOSS # of Fire Calls 3 0 1 1 1 6 Dollar Loss $ $212,O~0 $0 $50,000 $2,500 $2,500 $267,Ot I I VOLUNTEER STANDBY RESPONSES 8 I 0 I 0 I 5 4 I 0 I 0 I 4 I I o o I I 13 8 2004 MONTHL Y CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul.' Aug. Sep. Oct. Nov. Dec. STATION 1 114 111 103 0 0 0 0 0 0 0 0 0 328 STATION 2 35 29 27 0 0 0 0 0 0 0 0 0 91 STATION 3 18 17 12 0 0 0 0 0 0 0 0 0 47 STATION 4 74 57 70 0 0 0 0 0 0 0 0 0 201 STATION 5 7 4 7 0 0 0 0 0 0 0 0 0 18 685 TOTALS 248 218 219 0 0 0 0 0 0 0 0 0 685 2003 MONTHLY CALL VOLUME BY STATION Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec; STATION 1 138 105 107 118 115 98 134 111 89 124 102 115 1356 STATION 2 34 34 16 25 34 24 33 43 30 26 27 36 362 STATION 3 33 23 10 28 25 15 21 15 28 13 11 24 246 STATION 4 53 66 60 69 64 74 70 76 62 55 50 67 766 STATION 5 9 11 9 15 7 15 7 16 8 14 13 13 137 TOTALS 267 239 202 255 245 226 265 261 217 232 203 255 2867 !'f 903 I I I I I I I I I I I I I I I I I I I L L L Cl![-!lJgron L L L I L L REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2004 Report #: CLD-05-04 File #: By-law #: Subject: HUNTING ACTIVITIES IN THE MUNICIPALITY RECOMMENDATIONS: I f ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I L L L L I 1. L ! L. L L L 1. THAT Report CLD-05-04 be received; 2. THAT Council disband the Committee and thank them for their efforts; and 3, THAT the Minister of Natural Resources, John O'Toole, MPP, members ofthe Firearms Safety Committee and any delegations be advised of Council's decision and forwarded a copy of Report CLD-05-04, Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer 2:J PLB*FW*cd CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONf'iRtf1 L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-05-04 PAGE 2 of4 BACKGROUND AND COMMENT In May 2003 Council adopted the recommendations contained within Report ClD-19-03, which recommended the formation of a committee to address the issues of a) hunting with shotguns versus high powered rifles and b) safety concerns of the community, This was as a result of several delegations coming to Council regarding the issue. After advertising for interested individuals to sit on the committee, the following members were appointed: Craig Greentree - Durham Regional Police John Almond - Ministry of Natural Resources Greg Farrant - Ontario Federation of Anglers and Hunters Tracy Adams - local Farmer John McKelvey - Licensed Trapper Eric Atkins - Citizen John Payne - Citizen Richard Stephenson - Citizen Ron Alldred - President, Orono Fish and Hunt Club Tom Vendrasco - Municipal Law Enforcement Division Gord Robinson - Municipal Council By letter dated September 5, 2003 Richard Stephenson advised that he and Eric Atkins would not be attending any future meetings of the committee, as they felt that with only two votes on the committee of twelve they had contributed all they could. He did however state that they feel that Clarington should pass a by-law to ban the use of long-range guns within the Municipality and forWarded a list of concerns that they felt should be addressed. These concerns include police enforcement, MNR enforcement, by-law enforcement and trespassing issues. They state that enforcement activities get passed from one agency to another and no one acts upon them. They are concerned also that coyote hunters are entering the Crown lands through private property where they can hide their trucks. This occurs several times each winter when the Crown lands are closed for hunting. Mr. Stephenson and Mr. Atkins suggest that all landowners who abut the Crown lands be sent a letter outlining this concern. They questioned whether it was possible for a local system to be put in place so hunting complaints could be received and distributed to the proper authorities. In this way, records could be kept and evaluated by Clarington to see how Durham Region Police, MNR and Municipal law Enforcement are handling the complaints, Mr, Atkins also forwarded a letter of concern to John O'Toole, MPP, which was subsequently forwarded to The Honourable David Ramsay, Minister of Natural Resources. A copy of the Minister's reply is attached hereto as Attachment 1, As reported to the General Purpose and Administration Committee during a delegation from Tom Vendrasco on March 29, 2004, the following are the Committee's findings and recommendations after reviewing in length the specific issues brought before Council and general issues involving nrearms and safety within the Municipality of Clarington: 1102 J J J J J J J J J J J J ] J J J J J J L L t L. L I \ iI. L L \ L. I ... L L L L L L L L L , L REPORT NO.: CLO-QS-Q4 PAGE 3 OF 4 1. The committee determined that there are currently no public safety issues with respect to discharge of firearms used in hunting or for any other legal purpose within the municipality. . 2, The above determinations were derived through lengthy discussions with the Durham Regional Police, Ministry of Natural Resources, Clarington's Municipal Law Enforcement Division, and other private citizens. 3, A review of Provincial and Federal legislation governing and regulating hunting activities revealed that they provide adequate protection to the general public from the use of firearms for hunting, 4, The Municipality of Clarington has a comprehensive firearms by-law that is adequate to further protect the public from the use of firearms. 5. The committee recommends that better mapping be incorporated with the current By-law so as to clarify where firearms may be discharged. The Firearms Safety Committee believes the by-law that the Municipality has in place adequately addresses the needs of the community, It is therefore recommended that this report be received, that a copy of the report be forwarded to all interested parties and that the Firearms Safety Committee be disbanded and that they be thanked for their efforts. Interested parties to be advised of Council's decision: The Hon. David Ramsay Minister of Natural Resources Queen's Park Toronto, Ontario M7 A 1 W3 Mr. John O'Toole, MPP 75 King Street East Bowmanville, Ontario L 1 C 1 N4 Craig Greentree 7 Lorraine Court Bowmanville, Ontario Greg Farrant Government Relations Manager Ontario Federation of Anglers and Hunters P.O, Box 2800 Peterborough, Ontario K9J 8L5 John Almond Ministry of Natural Resources 50 Bloomington Road West Aurora, Ontario L4G 3G8 J. McKelvey 1411 Regional Road 42 Bowmanville, Ontario L 1 C 3K5 E. Atkins 4334 Concession Road 6 Kendal, Ontario LOA 1 EO 1103 1104 J PAGE40F4 J J J J j J J J J J J J J J J J J J REPORT NO.: CLO-oS-04 J.Payne 19 Perry Street Hampton, Ontario LOB 1 JO R. Stephenson 4346 Concession Road 6 Kendal, Ontario LOA 1 EO R. Alldred Orono Fish and Hunt Club P.O. Box 374 Orono, Ontario LOB 1 MO T. Adams 3874 Lakeshore Road Newcastle, Ontario L 1 B 1 L9 L. . L ~ I.- L L L L L L L L L L L L L L L I I 1.. ~ ~ Ontario. At:t:acnment: 1 Minister Ministry of Natural Resources Ministere des Mlnistre' Richesses naturelles ' Queen's Pari Toronto ON M7A 1m 416314-230 MNR 1205MC-2003-90 "_r'\":f n '7 '10"'1'"\ l.~. il, < . I J iJ ,~v f ;',- ( '-. W Mr. John R. O'Toole, MPP Durham 75 King Street East Bowmanville ON L 1 C 1 N4 Dear Mr. O'Toole: Thank you for your letter of 'October 29, 2003, on behalf of one of your constituents, requesting clarification on the relationship between municipal bylaws and the provincial Fish and Wildlife Conservation Act (FWCA) pertaining. to dogs running at large, I appreciate your kind words on my appointment as Minister of Natural Resources. I am pleased to serve the people of Ontario and I am looking forward to working with you and . other MPPs, The FWCA and Regulations refer only to the use of dogs for hunting in a few specific circumstances where dogs are -required to be licensed, for, example, night hunting for raccoons. Generally speaking, unless the Act or the Regulations state otherwise, dogs can be used for hunting small game such as rabbits, game birds, fox and coyote and there is no requirement for the dog to be on a leash. The FWCA and the Trespass to Property Act require people hunting on private land to have the landowner's permission. As long as dogs accompanying hunters stay on the property for which the hunter has permission to hunt, they are not considered to be running at large or trespassing, Hunters who use radio collars on their hunting dogs generally do so to locate their dogs. The trespass provisions of the FWCA and Trespass to Property Act would still apply where a dog with a radio collar entered private land where the hunter did not have the landowner's permission, In stating that the FWCA overrides the bylaws of the municipality, the bylaw officer may have been referring to Section 14 of the Municipal Act, S.O. 2001, c. 25, which states that a bylaw is without effect to the extent of any conflict with (a) a provincial or federal Act or a regulation made under such an Act; or (b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation, As described above, the FWCA and Regulations describe circumstances where a licence is required for dogs to be used for hunting related activities. The Act and Regulations do not prohibit hunters from using dogs tg hunt small game species. In the event that a hunter's dog entered private land for which the hunter did not have permission to hunt or to trespass, the dog could be considered to be at large. The landowner could contact the municipal bylaw officer or local police services to have action taken in accordance with the municipal bylaw. 1105 ...2 1106 J J J J J J J J J J J J J J J J J J J -2- With regard to the liability for the actions of a dog that is trespassing, the landowner may want to consult.a lawyer, as this would be considered a civil matter and would depend on the particular circumstances. I trust that this information helps to clarify this matter. However, should you or your constituent have further questions, please contact Mr. John Almond, at the ministry's Aurora office, at (905) 713-7707. . Again, thank you for writing. Sincerely, Hon. David Ramsay Minister c: John Almond, Fish & Wildlife Technical Specialist, Aurora District .. v L l L l L l l L l l L l L L L L L L L .... CWiPn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19th, 2004 Report #: COD-014-04 File#_ By-law # Subject: LOCAL PREFERENCE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CQD-014-04 be received; 2, THAT the paragraph 5,1, Local Preference, of 8.w'chasing By-law 94.129 remains as is: Submitted by: ();o rie Marano, H,B.Sc" C,M,Q, Director of Corporate Services MM\LAB\km Reviewed by6~...s...~ Franklin Wu, Chief Administrative Officer 1201 . .' REPORT NO.: COD..Q14..Q4 PAGE 2 BACKGROUND AND COMMENT The issue of local preference is one that local governments have struggled with for many years. . EXISITING POLICY The Municipality of Clarington last addressed this issue in 1994. At that time Council approved the addition of the following clause to Purchasing By-law 94-129, Paragraph 5,1: "LOCAL PREFERENCE - If in the determination of the Purchasing Agent, if a competitive market exists and ~'o or more bids are received and are identical in price provided quality, ~ . service and delivery are similar, then priority of acceptance shall be first for a Local Bid, if any, and then for a Regional Bid, if any, otherwise the lowest responsible bid shall be accepted, " At the request of Council, staff have re-investigated this issue to determine if the existing policy is still appropriate, LEGISLATION From a legal aspect, there are currently two pieces of legislation in Ontario that prohibit a local preference policy which are as follows: .1} "The Discriminatory Business Practices Act (R.S,O. 1990, Chapter D12, the purpose of which is: to prevent discrimination in Ontario on the ground of race, creed, colour, nationality, ancestry, place of origin, sex or geographical location of persons employed in or engaging in business, R.S,O, 1990," In accordance with this legislation "engaging in business, includes selling goods or services to or buying goods or services from". The act further states: "No person in Ontario shall engage in a discriminatory business practice," For the purposes of the act, person includes a partnership, sole proprietorship, ulJincorporated association and governmental agency, Where a corporation is convicted of an offence under the act, a maximum penalty may be imposed upon the corporation of $100,000,00, 1202 J J J J J J J J J J J J J J J J J J J ... L L L L L L L L l L l L l L L t L L L REPORT NO.: COO-Q14.Q4 PAGE 3 BACKGROUND AND COMMENT (Cont'd) 2) Agreement of Internal Trade The Canadian Government implemented the Agreement of Internal Trade, the purpose of which is: "to ensure equal access to government procurement for all Canadian suppliers - in a transparent and efficient manner - in order to reduce purchasing costs and to contribute to the development of a strong economy. " It is specifieu within this Agreement that all Municipalities are to follow and abide by the agreement. This Agreement states that: "Governments are not permitted to discriminate against suppliers of another province or territory. This includes local price preferences, biased technical specifications, unfair registration requirements or unreasonable time constraints. 11 The key principle of this agreement is as follows: Non Discrimination - Cannot adopt or maintain procurement measures that discriminate against suppliers. i.e. No Local Preference Policies are permitted under the agreement. Professional Associations In addition to the above legislation, the National Institute of Government Purchasing (NIGP) has passed resolution #1016 which reads as follows: RESOLUTION Number: 1016 PREFERENCE "Whereas, the National Institute of Governmental Purchasing, Inc. advocates the use of the free, open competitive process for public procurement, and Whereas, the National Institute of Governmental Purchasing, Inc. supports all efforts to include everyone to participate on an equal basis in this process, and Whereas, the practice of preference laws or regulations results in reduced competition and increased prices: 1203 REPORT NO.: COO.Q14.Q4 PAGE 4 BACKGROUND AND COMMENT (Cont'd) Now Therefore, BE IT RESOLVED that the National Institute of Governmental Purchasing, Inc. is opposed to all types of preference law and practice and views it as an impediment to cost effective procurement of goods, services and construction in a free enterprise system. The above resolution was adopted by the Board of Directors of the National Institute of Governmental Purchasing as its official meeting on the 7th day of March, 1987." Other Municipalities In Ontario In preparation for this report, staff surveyed twenty-five (25) surrounding municipalities and it was determined that for tendering purposes there was no city, municipality, region or town which operates under a Local Preference Policy nor did any of the areas surveyed have any intent of implementing such a policy. Most felt that such a policy is in direct conflict with the Discriminatory Business Practices Act (noted above) See Schedule "An attached for survey result. Impact from a Local Preference Policy 1. Prices will rise by the level of the percentage. of preference given, and possibly, go even higher because of the restriction on competitive and open bids. For example a 5% preference on an annual expenditure of $23 Million could the raise contract award by $1.15 million or more. 2. We would be in direct violation of the Discriminatory Business Practices Act (R.S.O. 1990, Chapter 0.12) and the Agreement of Internal Trade. 3. Taxpayers would see an increase in taxes for the benefit of local businesses to meet the higher costs. 4. Higher property taxes would discourage new businesses from locating to the Municipality of Clarington. With the loss of the new business local employment would not increase. 5. Other governmental agencies may take reciprocal actions, hereby creating a competitive disadvantage for Municipality of Clarington firms. If a contractor's market is confined to its own locality because everyone has preferential policies, it will soon. become inefficient and ineffective. 6. A local vendor may quote a higher price than he otherwise would. 7. Unless an exception is granted, it may eliminate participation by the Municipality of Clarington in co-operative purchase with other public purchasing groups. or 1204 J J J J J J J J J J J j J J J J J i J ~ L L L L L L l L L l L l L L l l L L L REPORT NO.: COO.Q14.Q4 PAGE 5 BACKGROUND AND COMMENT (Cont'd) 8. By not accepting the lowest responsive bid, the Municipality would be creating a subsidy for a few business taxpayers at the expense of all residential and business taxpayers. This would be the result of paying the local vendors a higher price for service and lor good(s) which could be obtained from another source at a lower price. How Do You Define a Local Vendor? 1. Would it only apply to businesses located with. the Municipal limits? 2. How do you respond to a taxpayer living within the city who owns a business located elsewhere? 3. Must the business own property within the Municipality? 4. How long must a business be established within the Municipality to qualify? 5. Does the home of a sales representative qualify as a local vendor? .6. Does the making of payments to a company address outside of Clarington disqualify them as a local vendor? 7. Should the ownership of a business be local to qualify? 8. Should the business have paid local property taxes to qualify? 9. Should a warehouse or small branch office qualify a firm as local? 10. Does a post office box quality a company as a "Local Vendor"? 11. Are businesses operated from the Municipality of Clarington residences considered "Local Vendor"? 12. Should the vendor be able to provide the warehouse function as well as the sales function locally to be certified as a "Local Vendor"? Local Company Advantages Local vendors already have numerous advantages over an outside company as follows: 1. Local vendors are sometimes better equipped to provide "service after the sale" that may be required for some commodities. 2. Local vendors are usually first aware of new projects that provide them with the opportunity to assist in the specification development. 3. Transportation costs of the local bidder are usually less. 4. Advertisements are always published locally. 5. Local vendors are more knowledgeable of local business conditions and requirements. 1205 . REPORT NO.: COO.Q14.Q4 PAGE 6 J J J J J J J J J J J J J J J J J J , BACKGROUND AND COMMENT (Cont'd) 6. As per the Purchasing By-law, purchases under $10,000.00, three (3) quotations are required wherever possible. In many cases, only local vendors are invited to submit bids. 7. For purchases exceeding $10,000.00 and up to $25,000.00, three (3) written quotations are required wherever possible. Once again, as this limit would relate to a project which is not normally advertised, the number of bidders located outside the Municipality may be less, and all known local bidders are invited to submit bids. 8. When biC:S are tied, the local company is selected based on the ground everything ..,. . else is equal. 9. Local vendors are better able to provide commodities when we rely on them to stock the items in lieu of the Municipality warehousing parts. i.e. small automotive repair parts. 10. Local vendors are better able to provide mobilization function when required for demolition and construction projects, which gives them an inherent pricing advantage. 11. Local vendors may be better able to comply with "response time" requirements placed on service contracts where travel time is taken into consideration. Alternative to a Local Preference Policy As an alternative to a Local Preference policy, the Municipality of Clarington is able to increase participation in the bidding process by local businesses. Suggested means are as follows: 1. Search out local firms who offer products and I or services which the Municipality may purchase. 2. Meet the firms' officials and explain the Municipalities interest in doing business with them. i.e. Supplier Information Night 3. Explain the rules in the vigorous competition environment. 4. Encourage the officials of the firms to compete with their bids. 5. Make them more aware of the fairness and objectivity practiced by the Municipality in making the awards for the bids. 6. Continue with existing practice where two or more bids are received and are identical in price, provided quality, service and delivery are similar, then priority of acceptance shall be first for a Local Bid, if any, and then for a Regional Bid, if any, otherwise the lowest responsible bid shall be accepted. 1206 .. LJ L L L L L L L l l L L L L l L L L L .. REPORT NO.: COO.Q14.Q4 PAGE 7 BACKGROUND AND COMMENT (Cont'd) Summary By implementing a Local Preference Policy the Municipality of Clarington would be in direct contravention of the Agreement of Internal Trade (section 1.2) and Ontario's Discriminatory Business Practices Act (section 1.1) Staff's recommendation to not alter the current By-laws would enable the Municipality of Clarington to continue to purchase on a non-restrictive, competitive basis by allowing all qualified vendors e~al opportunity to conduct business with the Municipality. This will allow for the Municipality to show their tax pay~rs that they are operating in a fair non-prejudice manner and in the best interest of their tax dollars. In summary, staff does not recommend giving preference to local vendors. It is staff's opinion that all bidders should be treated on a fair and equal basis and that in an effort to reduce the spending of the tight public funds, competitive bidding must be encouraged. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILlE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1207 ." : I .. Local Preference Areas within the Province of Ontario City of Brampton No of Kitchener of London of Oshawa Ci of Ottawa City of Pickering City of Sudbury Ci of Toronto Ci of Waterloo Ci of Windsor Capital Region District If all things equal then preference will be given to Bram ton based businesses No No No The Agreement on Internal Trade removed any form of local reference No No No No No Discriminatory Business Practice Tenders - NO Proposals - an evaluation process encouraging outside vendors to work with local vendors No No No No Removed when NAFT A introduced No No No No No No No No No No No Ci of Saskatoon Cochrane Delta, BC GVRO, BC Re ion of Halifax Saint John Strathcona Coun No No No No restriction of the competitive . , tendering process to any 'urisdiction Re ion of Halifax' 1208 J- -:' ' J J J J J J J J J J J J J J J J J j L · L L L L L L l l l L L L l L l L L L ,. ~_n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 19TH, 2004 Report #: COD-018-04 File #_ By-law # Subject: CL2004-10, CONSTRUCTION OF A ROAD ACCESS AT 2375 BASELINE ROAD, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-018-04 be received; 2. THAT Tascor Construction Ltd., Uxbridge, Ontario with a total bid in the amount of $52,965.00 (Including G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-10, be awarded the contract for the construction of a road access at 2375 Baseline Road, Bowmanville as required by the C.ommunity Services Department; 3. THAT the total funds required be drawn from the Community Services Account #110-42- 421-84226-7401; and THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved; FORTHWITH. Submitted by: /?-; ~ M"~~O, H.B.Sc., C.M.O. Dire of Co 0 Se es 4. Reviewed bY:t"-) ~ ~ Franklin Wu, . Chief Administrative Officer fr-- 1209 MM\LAB\km , REPORT NO.: COO..Q18.Q4 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Barry-Bryan Associates (1991) Ltd. of Whitby, Ontario, for the construction of a road access for the Clarington Indoor Soccer Facility and Outdoor Lacrosse Bowl, as required by the Community Services Department. By issuing the tender for the construction of the road access in advance of the construction of the indoor soccer facility and outdoor lacrosse bowl, the Municipality will be able to fast track the total construction time frame. In order to commence the construction at the earliest opportunity a FORTHWITH approval is requested. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. It is recommended that the required funds be drawn from the Community Services Account # 110-42-421-84226-7401 and are included in the overall project cost allocation of $2.7 million dollars. The consulting fees for this portion of the project are included in the overall consulting budget for the entire project. Although, the low bidder has not previously performed work for the Municipality of Clarington, they have provided satisfactory service for the City of Ottawa and Township of Uxbridge. The subject firm offered an early payment discount of 2% which reduces the total cost to $51,905.70. The Director of Finance .has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Community Services. After further review and analysis of the bids by the Community Services Department and Purchasing, it was mutually agreed that the low bidder, Tascor Construction Ltd., Uxbridge, Ontario, be recommended for the contract for the construction of a road access at 2375 Baseline Road, Bowmanville. CORPORATION OF THE MUNICIPALITY OF CLARINGTON J J J J J l J J J J J J J l I J I 12101 I L ~. ,. L L L l L l L l l L L L l L l L L L . Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Tascor Construction Ltd., Uxbridge, Ontario, to enter into an agre9ment for the Construction of a road access at 2375 Baseline Road, Bowmanville.' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Tascor Construction Ltd. Uxbridge, Ontario, and said. Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2004. By-law read a third time and finally passed this day of ,2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1211 . .. . # . " SCHEDULE "B" BID SUMMARY CL2004-10 CONSTRUCTION OF A ROAD ACCESS 2375 BASELINE ROAD, BOWMANVILLE, ONTARIO J J J J J J J J J J J J J ] J J I J J Tascor Construction Ltd. Uxbridge, ON Miwel Construction Ltd. Stouffville, ON Ron Robinson Ltd. Bowmanville, ON Dagmar Construction Inc. Markham, ON B.N. Fenton Construction Ltd. Courtice, ON Elirpa Construction & Materials Ltd. Pickerin ,ON $52,965.00 Payment Terms Discount - 2% - 10 days . $51,905.70 $52,480.00 $58,938.17 $68,480.00 $89,517.91 $95,326.90 1212 l ~. L L l L L L L L L L L L L L l L L L , CJwil1gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE April 19th, 2004 Date: Report #: COD-019-04 File #_ By-law # Subject: Lions Club Offer to Lease, Clarington Beech Centre Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-019-04 be received; 2. THAT the offer from the lions Club for the lease of space in the Clarington Beech Centre in the amount of $6.50 I square foot for the term of September 1, 2004 to June 30, 2005 be approved. 3. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to execute the lease agreement with the lions Club be forwarded to Council for approval. Reviewed by:Q~--'.J~ Franklin Wu, Chief Administrative Officer Submitted by: ~Uzs;;;:- arie Marano, H.B.Sc., C.M.C. Director of Corporate Services MM\\LAB\km .. 1213 ,. J J J J j J J J J J J J J J J J J J J " REPORT NO.: COO.Q19.Q4 PAGE 2 BACKGROUND AND COMMENT The existing lease with the Lions Club expires June 30, 2004 and provides for a 2nd year renewal pending satisfactory negotiation of a market based lease rate. An offer has now been received from the Lions Club to lease the space for the period of September 1, 2004 to June 30, 2005 at the existing lease rate of $6.50. As there has been very little change in the market conditions since last year, it is staff's recommendation that the offer be accepted. As with the previous agreement, rental fees for the Lions Club meetings will be paid directly to Clarington Older Adult Centre and are not included in this lease agreement. For the information of Council, the Clarington Older Adults Association have been advised of the proposed agreement and have advised they will not require the space throughout the term. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 ~ 1214 L .. ~ L L L L l L L. L L L l L L L l L L L Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the lease of Clarii ~gton Beech Centre, 26 Beech Street, Bowmanville, Ontario. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Lions Club, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2004. By-law read a third time and finally passed this day of ,2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1215 J J J. J J J J J J J J J J J J J I J J .L L L L L L l L L l .l L L L l l L L L THIS LEASE is made the _ day of , 2004 BETWEEN: . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Lessor") OF THE FIRST PART -and .. THE LIONS CLUB OF BOWMANVILLE, ONTARIO , a company incorporation under the laws of the Province of Ontario (hereinafter called the .Lesse~') OF THE SECOND PART LEASE AGREEMENT 1.216 Page 23 01 23 H:ILEASESIlEASE-LIONSCLUB-2004.DOC Page 2 of 23 H:ILEASESILEASE-LIONSCLUB-2004.DOC J J J J J J J J J J J J J J J J J I t TABLE OF CONTENTS ARTICLE ONE DEMISED PREMISES, TERM AND USE.................................................. 5 . 1.1 Demised Premises ...............................................................................;......... 5 1.2 Facilities and Equipment .................................................................;.........5 1.3 Term ............................................;....... ...................... ........ ....... ..................... 5 1.4 Use ................................. ........... .......... .............................. ...... ...;....... ........... 5 1.5 Nuisance.. .................................... ...... ...... .;. ........ ... ...... ...... ............................ 6 ARTICLE TWO RENT AND OTHER CHARGES ............................................................... 6 2.1 Rent .................................... ............. ..................... ....... ............ ........... ........... 6 2.2 Rent Past Due ............................................................................................... 6 2.3 Other Charges ARTICLE THREE REPAIRS, MAINTENANCE AND ALTERATIONS ............................... 7 3.1 Lessor's Duty to ~epair, to Heat and to Provide Utilities .........;.................... 7 3.2 Lessee's Duty to Maintain ............................................................................. 7 3.3 Cost of Remedying Lessee's Default............................................................ 7 3.4 Prior Approval Required of Lessee's Alteration of Premises ........................ 7 3.5 Construction Liens...... ..;..................................... ........ ................................... 8 ARTICLE FOUR REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT .................... 8 4.1 Right to Remove Fixtures, etc. ...................................................................... 8 ARTICLE FIVEACCESS AND ENTRy....................................:.......................................... 8 5.1 Access to Demised Premises ...........;........................................................... 9 5.2 Entry not Forfeiture. ............................ ........ ......... ...... ................ ............. ....... 9 ARTICLE SIX INSURANCE AND INDEMNITY .................................................................. 9 6.1 Lessee's Duo/ to Insure ................................................................................. 9 6.2 Terms of Policies... ............. ....... ............ ..... ............. .................... ....... ......... 10 6.3 Evidence of Policies .................................................................................... 10 6.4 Failure to Provide Insurance ....................................................................... 10 6.5 Indemnity ...... ..................................... ...................... .................. ......... ......... 10 6.6 Responslbllity for Loss or Damage ............................................................. 11 6.7 Benefit of Indemnity, etc. ............................................................................. 12 6.8 Dangerous Use ........ .......... .............. ....................... ......... ........ ........... ..... .... 12 ARTICLE SEVEN DAMAGE AND DESTRUCTION ......................................................... 13 7.1 Damage to Demised Premises ................................................................... 13 7.2 Insured Damage to or Destruction of Demised Premises.....................:..... 13 7.3 Uninsured Damage to Demised Premises.................................................. 13 7.4 Termination of Lease After Destruction or Damage to Demised Premises...................................................................................................... 14 7.5 Actions Following Termination ..........;......................................................... 14 7.6 Restoration of Demised Premises If Lease Not Terminated ...................... 14 7.7 Restoration and Insurance Proceeds.......................................................... 14 7.8 Determination of Matters .............................. ...................... ......... ......... ..... ..15 7.9 Limitation of Liability ..................................................................................... 15 ARTICLE EIGHT ASSIGNMENT, LEASE ........................................................................ 15 8.1 Consent Required ....................................................................................... 15 '1217 'l L L L L L L l L L L L L L L l L L' L ARTICLE NINE DEFAULT. ........................... ................. ............................................................... 16 9.1 Events of Default ......................................................................................... 16 9.2 Right of Re-Entry ......................................................................................... 16 9.3 Legal Expenses to Recover Possession..................................................... 16 9.4 Right of Termination .................................................................................... 16 9.5 Right to Re-Iet.................... ............ ........................................ ............ ..... ..... 16 9.6 Separate Remedies.. ............................ ............................. ............... ........... 17 .ARTICLE TEN GENERAL PROVISIONS ......................................................................... 18 10.1 Definitions... ............ ...................... ......... ....................................... ........... .... 18 10.2 Schedules Form Part of Lease.................................................................... 19 10.3 Quiet Enjoyrnent.......................................................................................... 19 10.4 Covenants...... ....................................... ..... .............. ................................... 19 10.5 No Partnership or Agency ........................................................................... 19 10.6 PST and GST .............................................................................................. 19 10.7 Overholding No Tacit Renewal.................................................................... 19 10.8 Waiver ......................................................................................................... 19 10.9 Distress........... .......... .............. ..... ...................................... .......................... 20 10.10 Costs .......................................;................................................................... 20 10.11 Set-Off and Accord and Satisfaction ........................................................... 20 10.12 Authority of Lessor, etc................................................................................ 20 10.13 Rules Regarding Operation of Demised Premises and Areas ................... 20 10.14 Demised Premises and Areas to be Smoke-Free ...................................... 20 10.15 Not Used...................................................................................................... 20 10.16 Not Used ..................................................................................................... 20 10.17 Acknowled~~ment Basement and Second Floor Not Improved ................. 20 10.18 Use of Additional Areas by the Lessee ....................................................... 21 10.19 Lease Subject to Lease............................................................................... 21 10.20 Notices.. ................. .............. ................ ......... ............................................... 21 10.21 Force Majeure ........ .............................. ................. ..... ...........~.... ........... ...... 21 10.22 Time of Essence.............. ..................... .............................. ........... .......... ..... 22 10.23 Enforceability. ......... ................. .................... .............. ........ .......................... 22 1 0.24 Enurement................:.................................................................................. 22 10.25 Goveming Law ;........................................................................................... 22 Schedule "A" - Floor Plan 1218 Page 3 of 23 H:\LEASES\LEASE-LIONSCLUB-2004.00c OF THE FIRST PART J J J J J THIS LEASE is made the _ day of ,2004 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the KLessor") - and - THE LIONS CLUB OF BOWMANVILLE, ONTARIO , a company incorporation under the laws of the Province of Ontario (hereinafter called the "Lessee") OF THE SECOND PART J J J J J J J J J J J J J J WHEREAS: The Lessor has agreed to lease to the Lessee and the Lessee has agreed to lease from the Lessor, the designated space located in the building known as the Clarington Older Adult Centre for Municipal Purposes known as 26 Beech Avenue, Bowmanvllle, Ontario. Now therefore this lease witnesses that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessor and the Lessee, the Lessor leases to the Lessee. and the Lessee leases from the Lessor, the Premises on the following terms. 1219 Page 4 of 23 H:Il..EASESILEASE-lIONSCLUB-2004.DOC .l L l l L l L l L L L L L l L L L L L . ARTICLE I DEMISED PREMISES. TERM AND USE 1.1 Demised Premises The Demised Premises comprising both (1) the two rooms on the second floor of the Building .which rooms are identified as the Day Nursery Facilities and are outlined in blue on the floor plans contained in Schedule "A" hereto, and (2) the storage room on the second floor of the aforesaid Building which Is identified as the Storage Room which is outlined In blue on the floor plans contained in Schedule "A" together with a non-exclusive easement which may be exercised by the Lessee, its employees, licensees, invitees and guests to use the west staircase identified on the floor plans contained in Schedule "A" hereto for the purpose of ingress to and egress from the aforesaid Day Nursery Facilities during the hours of 8:00 a.m. and 4:30 p.m., Mondays through Thursdays from September 1 to June 30 of each year or part of a year of this Lease and any extension or renewal thereof. The demised premises Include non exclusive use of the washroom on the second. floor of the aforesaid Building which is Identified on the floor plans in Schedule "A" hereto. 1.2 !!m! The Term of this lease shall commence on September 1, 2004 (the "Commencement Date") and shall terminate June 30, 2005. 1.3 Use (a) Throughout the Term of this Lease and any extension or renewal thereof, the Lessee shall use, permit or suffer the Day Nursery Facilities to be used only for the purpose of a licenced day nursery under the Day Nurseries Act, the Storage Room to be used only for the purpose of storage of the Lessee's furniture, equipment and supplies for the purposes set out in this Lease. Throughout the Term of this Lease and any extension or renewal thereof, the Lessee shall use, permit or suffer the Leased Areas, Facilities and Equipment only for the purposes intended by and during the times set out in this Lease. (b) At all times throughout the Term of this Lease and any extension or renewal thereof, the Lessee shall continuously, ac:tlvely and diligently carry out, cause, or suffer the use of the Demised Premises and every part thereof in compliance with all applicable laws and the proVisions of this Lease and shall nbt use or occupy or permit or suffer the use or occupancy of the Demised Premises or any part therefore for any other purpose. The Lessee at Its cost shall obtain all necessary permits or licences required by applicable law In respect of any use which the Lessee or any person who claims under the Lessee, may make or permit or suffer any other person to make of any part of the Demised Premises. (c) The Lessee ac~nowledge and agrees that the Lessor shall not be responsible for any of the Lessee's costs, liabilities, or responsiblties in respect of employment contracts made by the Lessee with full-time or part-time employees of the Lessee or volunteers of the Lessee. None of the full-time or part-time employees of the Lessee shall be considered or deemed to be employees of the Municipality for any purpose, and none of them shall be considered to be required or to be eligible to participate in the Ontario Municipal Employees Retirement System. Prior to hiring employees, the Lessee shall bring the content of this paragraph 1.4 (c) to their attention. 1220 Page 5 of 23 H:\LEASESIlEASE-LIONSCLUB-2004.00C 1.4 Nuisance The Lessee shall not commit, pennlt or suffer (I) any waste, damage or injury to the Demised Premises Including, without limitation, the Improvements, Installations, fixtures and equipment thereon or therein; (II) any nuisance in or on ~e Demised Preml~es; (III) ~ny overl~~lng of any HVAC system, any utility or electrical, plumbing system, mech.amcal equ~pment, faCIlities or other facilities or systems within or serving the Demised PremIses; and (IV) any waste, damage or Injury of the Premises or any part thereof or of any other systems serving the Premises or any part thereof. The Lessor In Its sole discretion, may detennine whether the Lessee Is in breach of any provision of this Section 1.5. J J J ARTICLE II RENT AND OTHER CHARGES J 2.1 .BIn! J The Rent reserved by the Lessor by this Lease Is ten thousand, seven hundred and twenty five ($10,725.00) Dollars per annum payable In equal monthly instalments of eight hundred and ninety three dollars and seventy five cents ($893.75) In advance with the first instalment being due and payable on the Commencement Date, In equal monthly instalments in advance. J 2.2 Rent Past Due Except as otherwise provided in this Lease, if the Lessee pays the Rent reserved hereby, fully perfonns all of Its covenants and duties under this Lease and no Event of Default has occurred, the Lessee shall be entitled to peaceful and quiet enjoyment of the Demised Premises for the Tenn without interruption or interference by the Lessor or any person claiming through the Lessor. J J 2.3 other Charaes J (a) In each and every year during the Tenn of this Lease and any renewal or extension thereof, the Lessee shall be responsible for and pay and discharge promptly when due all municipal taxes and levies, Including all general upper-tier levies, all special upper-tier levies, and all education taxes or levies if applicable, all charges for telephone used upon or In respect of the Demised Premises or for fittings, machines, apparatus, meters or other things leased in respect'thereof, and all work and services perfonned by any corporation or commission In connection with such utilities, provided that If the Lessee or Demised Premises are exempt from the payment of either or both municipal taxes and levies and taxes or levies, the Lessee shall . pay to the Lessor an amount(s) equal to the taxes and levies that would be paid and on the . same day as would have been the case if the Lessee or the Demised Premises was not exempt. Without limiting the foregoing in any way, during the Tenn, the Lessee shall also be responsible for and shall pay promptly the aggregate of all expenses and costs of every kind, without duplication, incurred by or on behalf of the Lessor for which the Lessee is responsible under the proviSions of this Lease with respect to maintenance of the Demised Premises. J J J J (b) The Lessee shall (i) provide the Lessor within ten (10) days after receipt of same any tax bills, assessments, utility charges and other notices regarding the foregoing and (Ii) promptly deliver to the Lessor receipts evidencing the payment of all the foregoing. If received by the Lessor, the Lessor shall promptly deliver to the Lessee any such tax bills, assessments, utility charges and other notices regarding the foregoing. J J J J 1221 Page e of 23 H:IL.EASESILEASE-LIONSCLUB-2004.DOC J J .L L ARTICLE III REPAIRS. MAINTENANCE AND ALTERATIONS l l L L l 3.3 Cost of RemedYlna Lessee's Default l If the Lessee breaches its duty under Section 3.2 for a period of fifteen (15) days after being given written notice by the Lessor specifying with reasonable particularity the breach(es) in question, in addition to the other remedies available for the Lessor under this Lease and Licence or under the applicable law, the Lessor may enter upon the Demised and perform the maintenance in question. The Lessor's Administratorwill notify the Lessee in writing of the cost of doing so and forthwith thereafter the Lessee shail pay an amount equal to such cost to the . Lessor. L 3.4 Prior AoDroval Reaulred of Lesses's Alteration of Premises L (a) No alteration shall be made to any part of the Demised Premises or the Premises by the Lessee without the written approval of the Lessor's Administrator being first obtained. The Lessee shall submit to the Lessor details of the proposed alterations,including, without limitation, plans, drawings and specifications prepared by qualified architects or engineers in conformity with the Lessor's. then current building standards. All such alterations shall be performed (i) at the sole cost of the Lessee, (ii) by contractors and workmen designated. provided or approved by the Lessor, (iIi) in a good and workmanlike manner, (iv) in accordance with plans, drawings and specifications approved in writing by the Lessor and, where required, by other authorities having jurisdiction, (v) In satisfaction of all applicable legal and insurance requirements, (vi) subject to reasonable regulation, supervision, control and inspection by the Lessor, and (vii) only after there is provided to the Lessor such indemnification against construction liens and evidence of such additional Lessor's insurance as the Lessor may reasonably require. L L L (b) Whether or not the Lessor gives its approval to a proposal alteration, the Lessee shall pay to the Lessor, on demand, all of the Lessor's reasonable costs (Including, without limitation, fees and disbursements of architects, engineers and designers) incurred in reviewing, consulting In respect of, approving, Inspecting and supervising any and all such alterations. The Lessor shail have the right to require the Lessee to make a payment to the Lessor in respect of such costs as a precondition to the Lessor's granting any necessary approval thereof. Such reasonable costs shall be deemed to include, without limitation, all amounts paid or payable by the Lessor to third parties, and ail reasonable charges of the Lessor for the cost of providing its own personnel. (c) The Lessor's approval of any alteration or plans, drawings or specifications with respect thereto shall not constitute a waiver by the Lessor of the Lessee's obligations herein to comply with all laws and all requirements of all authorities with respect to such alterations, nor shall the Lessor's approval constitute an acknowledgement or agreement by the Lessor that such laws and requirements have been complied with. L L l L L ... 1222 L Page 7 of 23 H:\LEASESILEASE-LIONSCLUB-2004.DOC ARTICLE FOUR REMOVAL OF TENANT'S FIXTURES AND EQUIPMENT J J J J J 3.5 Construction Uens The Lessee shall promptly pay for all materials. and services supplied and work done on its behalf In respect of the Demised Premises or the Premises so as to ensure that no claim for lien under the Construction Uen Act is registered against any portion of the Demised Premises, or the lands which comprise part of the Premises. If a claim of a lien Is registered on title, the Lessee shall discharge it at its expense within ten (10) days thereafter, failing which the Lessor, at Its option, may discharge the lien by paying the amount claimed to be due Into Court or directly to the lien claimant. All expenses of the Lessor Including, without limitation, legal fees (on a solicitor and his client basis) shall be paid by the Lessee to the Lessor forthwith after the Lessor's Administrator gives the Lessee written notice requiring It to do so. 4.1 Right to Remove Fixtures. etc. During the Term or on' its expiration, when it is not in default of performance of any of Its covenants under this Lease, the Lessee at Its cost may remove Lessee's fixtures. equipment and personal property from the Demised Premises, provided that the Lessee at its cost shall restore Demised Premises or area by making good any damage that has occurred either by the installation of Lessee's fixtures, equipment or personal property or by the removal of any of them from any part of the Demised Premises or area. If the Lessee does not remove its fixtures, equipment and personal property from the Demised Premises at the expiry of the Term, they shall become the absolute property of the Lessor without prior notice being given to the Lessee or compensation therefore being paid by the Lessor to the Lessee, and the Lessor shall be free to use or to dispose of the same and to appropriate the proceeds of disposal to the Lessor's own use absolutely. The Lessor's rights and the Lessee's duties under this Section 4.1 shall survive the expiry or earlier termination of the Term and any extension or renewal thereof. ARTICLE FIVE ACCESS AND ENTRY J J J J J J J J 5.1 Access to Demised Premises (a) Without limiting any other right which the Lessor may have pursuant to this Lease or at law, the Lessor shall have the right, but not the obligation, following reasonable written notice to the Lessee (except In the case of an emergency or apprehended emergency where no such notice shall be required), to enter the Demised Premises at any time and for any of the following purposes: (I) to examine the Demised Premises or to perform any maintenance, repairs, replacements, alterations or improvements to the Demised Premises or any part thereof . as may be permitted or required by this lease, or to perform any maintenance, repairs, replacements, alterations or Improvements to the Building, or any part thereof or to the HVAC System or to any mechanical, electrical or plumbing equipment or systems, or any part thereof, within or serving the Demised Premises or any part thereof; Page 8 of 23 H:IlEASESIlEASE-LIONSCLUB-2004.0OC J J J J J J (Ii) to preserve and protect the Demised Premises, or any part thereof in respect of any construction or other work being performed in Demised Premises adjoining or In the vicinity of the Demised Premises, or on any part of the Demised Premises; (iii) for any purposes as determined by the Lessor in cases of emergency; 1223 'L L L l l L L L L L L L L L l L L L L (iv) (v) to read any utility or other similar meter located in the Demised Premises; during the last twelve (12) months of the Term (or any renewal or extension Term if renewed or extended), but only during normal operating hours, to show the Demised Premises to prospective Lessees, and to permit them to make Inspections, measurements and plans; (vi) to exercise any of the rights available to the Lessor pursuant to this lease or to perform such work In respect of the Demised Premises, or any part thereof, as the Lessor shall deem necessary. (b) The Lessor shall have the right to take into the Demised Premises all such material and equipment as It may require In connection with any of the purposes referred to in this Section 5.1. The Lessor shall exercise its rights under this Section 5.1, to the extent reasonably possible in the circumstances, In such manner and at such times as the Lessor's Administrator shall determine, and to the extent practical in the circumstances, so as to minimize Interference with the Lessee's use and enjoyment of the. Demised Premises. 5.2 Entry not Forfeiture Notwithstanding anything contained in this Lease, the exercise by the Lessor of any of its rights under this Lease, Inciudlng, without limitation, (i) any of Its rights set out in Section 5.1, and (II) the exercise of any right under this Lease to enter the Demised Premises and to do anything . therein, shall not constitute a breach of any covenant for quiet enjoyment, or a constructive or actual eviction, or a re-entry or forfeiture (except where expressed by the Lessor in writing), nor shall it render the Lessor liable for any injury, loss, costs or damages whatsoever, howsoever caused, whether direct or indirect, incurred as a result thereof by the Lessee, nor shall the Lessee be entitled to any compensation, diminution or abatement of Rent (except as may be otherwise expressly provided In this Lease). ARTICLE SIX INSURANCE AND INDEMNITY 6.1 Lessee's Duty to Insure The Lessee shall obtain and maintain throughout the Term of this Lease and any extension or renewal thereof: (i) all risk insurance on all property of every description, nature and kind owned by the Lessee or for which the Leasee is legally liable located within the Demised Premises In Its own name, naming the Lessor as an additional insured, In an amount not less than the full replacement cost thereof without deduction for depreciation; such Insurance shall be subject to a replacement cost endorsement; any dispute as to the amount of the replacement cost shall be settled by the Lessor or by a consultant appointed by the lessor at the Lessee's cost; (Ii) general liability and property damage insurance Inciuding Lessee's legal liability In the minimum amount of Five Million Dollars ($5,000,000), naming the Lessor as an additional insured, and containing a cross-liability endorsement, and other terms and conditions satisfactory to the Lessor's Treasurer, acting reasonably. 1224 Page 9 of 23 H:ILEASESILEASE-LIONSCLUB-2004.DOC 8.2 Terms of Policies Each policy of Insurance referred to in Section 6.1 shall be in form and substance and with Insurers reasonably acceptable to the Lessor's Treasurer. Each of the insurance policies shall contain (I) an undertaking by the insurers under such policies that no material change adverse to the Lessor or Lessee will be made, and the policy will not be cancelled or terminated, except after not less than thirty (30) days written notice by registered mail to the Lessor and the Lessee of the Intended change, cancellation or termination, and (Ii) a ciause stating that the Lessee's Insurance policy shall be primary insurance and shall not call into contribution and shall not be excess to any other insurance that may be available to the Lessor. Each of the policies referred to in Section 6.1 shall contain a waiver, in respect of the interests of the Lessor ohny provision In any such insurance policies with respect to any breach or violation of any warranties. representations, deciarations or conditions contained in such policies. J J J 8.3 Evidence of Policies The Lessee shall provide to the Lessor for acceptance prior to the earlier of the Commencement Date and the date it. occupies the Demised Premises for any purpose, evidence satisfactory to the Lessor's Treasurer of such insurance or, if required by the Lessor's Treasurer, evidence in the form of copies of the policies certified to be true copies by an officer of the Insurer and signed by the insurer. In addition, upon request by the Lessor or upon the placement; renewal, amendment or extension of all or any part of such insurance, the Lessee shall immediately proVide to the Lessor evidence of such insurance in and completed in accordance with the Lessor's $tandard form of certificate of insurance or, if required by the Lessor's Treasurer, evidence in the form of copies of the policies certified to be true copies by an officer of the insurer and signed by the insurer. 8.4 Failure to Provide Insurance J J J J J The cost or premium for each and every such policy shall be paid by the Lessee prior to the due date therefor. If the Lessee fails to take out or maintain such insurance or fails to provide to the Lessor such certified copies of Insurance and certificates of insurance as herein required, or if any suqh . Insurance is not acceptable to the Lessor's Administrator (and if the Lessee falls to commence to diligently rectify and thereafter proceed to diligently rectify the situation within forty-eight (48) hours after written notice by the Lessor to the Lessee (stating, if the Lessor, from time to time, does not approve of such insurance, the reasons therefor), then the Lessor shall have the right, but not the obligation, to do so, to pay the cost or premium therefor, without prejudice to any other rights or remedies of the Lessor under this lease or at law, and in such event the Lessee shall repay to the Lessor, on demand, the amount so paid. J J 8.5 Indemnltv J Notwithstanding any other provision of this lease, the Lessee shall indemnify the Lessor and all of Its agents, officers, employees, contractors, consultants, workers and persons for whom the Lessor Is in law responsible (collectively in this Section 6.5 and in Section 6.6 called "Lessor's Employees") and shall hold them and each of them harmless from and against any and all liabilities, actions, proceeding, damages, claims, losses (including, without limitation, indirect or consequential damagE!s that may be suffered or sustained by the Lessor or any of the Lessor's Employees and loss of Rent and all other amoul1ts payable by the Lessee under this Lease) and expenses (including, without limitation, all legal fees and disbursements) whatsoever, howsoever arising from or out of this Lease, and without limiting the generality of the foregoing, howsoever caused by, due to, arising from, or to the extent contributed to by any of the following: J J (I) (II) J any breach or default by the Lessee of or under any of the provisions of this Lease; any lien under the Construction Lien Act, R.S.O. 1990, c.30 as amended from time to time respecting the Demised Premises or an area which is part of the Licenc8d Areas, Facilities and Equipment or the lands included in the Premises; J J J 1225 Page 10 of 23 H:ILEASESIlEASE-LIONSCLUB-2004.DOC :. I J (a) Except where the Lessor or a person for whose acts or omissions he Is responsible in law Is negligent, the Lessor shall not be liable for any death or Injury arising from or out of any occurrence whatsoever in, upon, at or relating to the Demised Premises, or the Premises, or damage to the property of the Lessee or of others located on the Demised Premises or the Premises, from any cause whatsoever other than the negligence of the Lessor or a person for who acts or omissions the Lessor is responsible in law, nor shall the Lessor be responsible for any loss of or damage to any property of the Lessee, Lessee's Employees, or others from any cause whatsoever, nor shall the Lessor be responsible for any Indirect or consequential . damages that may be suffered or sustained by the Lessee or any others from any cause whatsoever. 'l L L L L L l L l L L L l l L L L L L (iii) any act or omission of the Lessee or any other person on or permitted on the Demised Premises, or any use or occupancy of, or any articles In, the Demised Premises or any part thereof, or any use or occupancy of any other part of the Building or the Lands by the Lessee or any of its agents, employees, invitees, licensees, Lessees, assignees, concessionaires, contractors or persons for whom. the Lessee is in law responsible (collectively In this Section 6.3 and in Section 6.4 called "Lessee's Employees"); any act or omission of the Lessee or any of the Lessee's Employees on the Demised Premises or elsewhere in, on or about the Demised Premises or any part thereof; (Iv) (v) any injury, personal. discomfort, Illness, death or loss, costs, expenses or damages whatsoever, direct or Indirect or consequential, however caused or ariSing (I) to persons or property of the Lessee or any of the Lessee's Employees or any other persons In, on or about the Building or the Premises or any part thereof by or with the invitation, licence or consent of the Lessee and/or (II) which is excluded from the Lessor's liability or responsibility under Section 6.6(b); (vi) any accident or occurrence In, on or at the Demised Premises Including, without limitation, any such accident or occurrence causing injury or death to any person or damage to property or any other loss or injury whatsoever; and/or (vii) any damage, destruction or need of repair or replacement to any part of, or othelWise relating to, the Demised Premises or any other part of the Building, or any damages incurred by the Lessor or by any occupant of the Building or any part thereof, caused by any act or omission of the Lessee or any of the Lessee's Employees, notwithstanding any other provisions of this Lease. If the Lessor, without fault on its part, is made a party to litigation commenced by or against the Lessee, the Lessee shall indemnify and, hold harmless the Lessor from and against all legal and other costs. The Lessor, at its option, may participate in, or assume carriage of, any litigation or settlement discussions relating to the foregoing, or any other matter for which the Lessee Is required to Indemnify the Lessor under this lease.. Alternatively, the Lessor may require the Lessee to assume carriage of and responsibility for all or any part of such litigation or discussions. The Lessee shall pay alllagal costs incurred or paid by the Lessor in enforcing the provisions of this lease. For greater certainty the Lessee's obligations contained In this Section 6.5 shall survive the expiration oreanier termination of the Term and any extension or renewal thereof. 6.6 Responslbllltv for Loss or Damaae The provisions of this Section 6.6 shall govem notwithstanding any other provision of this Lease. .. 122.6 Page 11 ot23 H:\LEASESILEASE.LJONSCLUB-2004.00C (b) Without limiting the generality of the foregoing, the Lessor shall not be liable or responsible In any way for any death, Injury (Including, without limitation, personal discomfort or Illness) loss, damage or damages of or to persons or property resulting, directly or Indirectly, from any of the following, except where It Is caused by the Lessor's negll~ence or the negligence of any person for whose acts or omissions the Lessor is responsible In law: (I) fire, explosion, theft, breakage, failing plaster, failing ceiling tile, failing fixtures, steam, ~as, electricity, water, .rain, flood, Ice, snow or leaks into, In or from any part of the Demised Premises or from any pipes (including, without limitation, water, steam, sprinkler and drainage pipes), sprinklers, appliances, drainage or plumbing works, roof, windows or exterior walls. or subsurface of any floor or ceiling of the Demised Premises, or from the street or any other source or place whatsoever, or by dampness, or by the existence, discharge, spillage or leakage of hazardous or toxic substances, or by any other cause whatsoever; (i1) any . suspension, non-operatlon, failure, reduction, Interruption or failure to supply or perform, for any reason or for any period of time, of or In any of the services, equipment, facilities. the electrical system, the plumbing system, the HV AC System, utilities or any services within. or serving the Demised Premises; (ill) delays in the performance of any repairs, replacements, maintenance or restoration f!ir which the Lessor is responsible under this Lease; (Iv) Incurred by reason of the Lessor or any of the Lessor's Employees entering upon the Demised Premises to undertake any examination thereof or any work or cleaning or performance of other services therein; (v) incurred by reason of the supply or performance of any janitorial, pest extermination or security obligations or services In any part of the Demised Premises; or (vi) by reason of inconvenience, annoyance or injury to business arising from the Lessor, the Lessee or any others making or falling to diligently make, for whatever reason or cause, any repairs, alterations. additions, renovations, improvements or restorations In or to any part of the Demised Premises. J J J J J Page 12 of 23 H:\LEASES\LEASE-LIONSCLUB-2004.00c J J J J J J J J J J J J J J (c) The. Lessor shall not be liable or responsible in any way for any such death, inju!)', loss or damage caused by other Lessees, occupants or persons on or In the Demised Premises, the Premises, or by any occupants of any adjacent property thereto. (d) All property of the Lessee or of any of the Lessee's Employees kept or stored on the Demised Premises shall be so kept or stored at the sole risk of the Lessee, and the Lessee releases and agrees to indemnify the Lessor and save it harmless from and against any claims arising out of any loss of or damage to such property, including, without limitation, any subrogation claims by the Lessee's or any others' Insurers, and the Lessee shall make all claims for loss, damage Of destruction of or to any such property against the policies of insurance required to be maintained by the Lessee under this Lease. 6.7 Benefit of Indemnity. etc. Every indemnity, hold harmless provision, release and exclusion of liability herein contained for the benefit of the Lessor and every waiver of subrogation for the benefit of the Lessor contained In any insurance policy maintained by the Lessee shall survive the expiration or earlier termination of the Term and any extension or renewal thereof and shall extend to and benefit the Lessor, its officers, employees and those for whom such persons are responsible In law. Solely for such purpose, and to the extent that the Lessor expressly chooses to enforce the benefit of this Section for any or all of such persons, It Is agreed that the Lessor Is the agent or trustee for such persons. No such Indemnity, hold harmless provision, release or exclusion of liability or waiver of subrogation for the benefit of the Lessor shail be deemed to impose or imply any obligation, responsibility or liability whatsoever on the Lessor, including, without limitation, any obligation to perform or do any act or thing, except to the extent any such obligation, responsibility or liability of the Lessor Is expressly provided for under this Lease. 6.8 Danaerous Use The Lessee shall not do, omit or permit anything which will increase the cost of the Lessor's Insurance or render any Insurance on or relating to the Premises subject to cancellation. The Lessee shall pay to the Lessor forthwith after written notice Is given of the Lessor's demand for payment, the amount of any Increase in the cost of Insurance caused by anything so done, omitted or permitted. . 1227 L l ARTICLE SEVEN DAMAGE AND DESTRUCTION L 7.1 Damaa& to Demised Premises If the Demised Premises or any part thereof, Is damaged or destroyed, in whole or in part, by fire or any other occurrence, then (i) this Lease shall nonetheless continue In full force and effect, (ii) there shall be no abatement of any Rent except to the extent expressly provided in . this Article, (iii) the following provisions of this Article shall apply and (iv) notwithstanding any receipt by the Lessor of any insurance proceeds, and notwithstanding any provision of this Lease or obligation or requirement at law, in equity or by statute to the contrary, the obligations of the Lessor to repair or to provide'servlces or utilities, if any, or to perform "Restoration" (as hereafter defined) under this Lease shall be subject to the provisions of this Article, and shall be limited to the extent to which the Lessor is otherwise insured. L L l 7.2 Insured Damaae to or Destruction of Demised Premises If damage to or destruction of the Demised Premises is caused by an occurrence against which, and to not more than the extent that the Lessor Is otherwise Insured (the ~Insured Damage"), and if (i) in the "Architect's. (as hereafter defined) opinion, such Insured Damage is such as to render the whole or any part of the Premises unusable or unsafe for the purpose of the Lessee's use and occupancy and the Restoration of the Demised Premises is not capable of being completed with reasonable diligence within one hundred and eighty (180) days following such occurrence, or (ii) any authority, requires that the De!'T1ised Premises be demolished or substantially demolished prior to any Restoration, then the Lessor may elect to terminate this Lease by giving written notice to the Lessee within sixty (60) days after such occurrence. If the Lessor does not so elect to terminate this Lease, the Lessor shall diligently perform the Restoration of the Demised Premises to the extent of its obligations pursuant to Section 7.6. L L L 7.3 Uninsured Damaae to Demised Premises L L If there is damage to or destruction of the Demised Premises, and, in the Architect's opinion, (i) such damage or destruction is caused by an occurrence against which the Lessor Is not Insured or required to Insure or the cost of Restoration of which wouid be In excess of the extent to which the Lessor is required to insure pursuant hereto oris otherwise Insured or (II) the Restoration of the Demised Premises Is not capable of being completed within sixty (60) days following the occurrence of such damage or destruction and such damage or destruction occurs within two (2) years prior to the expiry of the Term of this Lease or any extension or renewal thereof and either there are no remaining rights in any party hereto to extend or renew this Lease or any party having the right to extend or renew this Lease fails to do so within fifteen (15) days after such occurrence, then the Lessor may elect to terminate this Lease by giving written notice to the Lessee within thirty (30) days after such occurrence. If the Lessor does not so elect to terminate. this Lease, the. Lessor shall diligently perform the Restoration of the Demised Premises to the extent of its obligations pursuant to Section 7.6. L L L L L L L 1228 L Page 13 of 23 H:\LEASES\LEASE-UONSCLUB-2004.DOC 7.4' Termination of Lease After Destruction or Damaae to Demised Premises 'If (I) in the Architect's opinion, Restoration of any portion of the Demised Premises, and Equipment which affects access or services essential to any of them Is not capable of being completed with reasonable diligence within one hundred and eighty (180) days following the occurrence of damage or destruction to such portions or (i1) any authority requires that the Demised Premises, be demolished or substantially demolished prior to any Restoration fOlloWIng damage or destruction to the Demised Premises, or any part thereof, in any such case whether such damage or destruction Is a direct or Indirect result of any occurrence of cause whatsoever, whether or not such occurrence or cause Is Insured, and whether or not there Is any damage to or destruction of the Demised Premises, then the Lessor may elect to terminate this Lease by giving written notice to th~ Lessee within sixty (60) days after such cause or occurrence. If the Lessor does not so elect to terminate this Lease, SUbject to Sections 7.2 and 7.3, the Lessor shall diligenUy perform the Restoration of the Demised Premises, to the extent of Its obligations pursuant to Section 7.6. J J J J J 7.5 Actions Followlna Termination If the Lessor elects to terminate this Lease under this Article by giving written notice to the Lessee, then, notwithstanding the receipt by the lessor of any Insurance proceeds, (i) this Lease shall terminate - on the date that such notice is given, (i1) the Lessee shall Immediately vacate and surrender possession of the Demised Premises and (Iii) all Rent accrued to such termination date shall be apportioned and prompUy paid without any right of the Lessee to any abatement, deduction, counterclaim, set-off, compensation or reduction whatsoever. J J 7.6 Restoration of Demised Premises and Licenced Areas If Lease Not Terminated J If this Lease is not terminated as provided in this Article, the Lessor, to the extent of the Insurance proceeds which the Lessor receives or would have received if it had maintained such insurance as is required to be maintained by the Lessor hereunder, shall proceed to perform such Restoration of the Demised Premises, limited to the extent of its express obligations under this Lease. The obligation of the Lessor with respect to Restoration following any damage or destruction under this Article shall be performed in accordance with all applicable obligations contained herein with reasonable diligence. J 7.7 Restoration and Insurance Proceeds J (a) If there Is damage or destruction to the Demised Premises, and If this Lease Is not terminated pursuant to this ArtiCle, the Lessor, In performing the restoration of the seme, or any part thereof, as required hereby, shall not be obliged to perform such Restoration in accordance with the plans, drawings or specifications for the Building as defined in the Lease, or any part thereof, as they existed prior to such damage or destruction, but the Lessor may perform such Restoration In accordance with any plans, drawings and specifications chosen by the Municipality of Clarington under the Lease In Its sole discretion. Without limiting the generality of the foregoing, the Lessee agrees that the Lessor shall be entlUed to demolish and rebuild the Building, or any part thereof. (b) The Insurance. which Is required to be maintained by the Lessee and which insurance is required to name the Municipality of Clarington as an additional insured parties. J J J J J J J 1229 J Page 14 of 23 H:\LEASESILEASE~UONSCLUB-2004.00c J L L t L 7.8 Determination of Matters For the purposes of this Article, the date of any damage or destruction, the determination of and extent to which any portion of the Demised Premises .Is damaged, destroyed, rendered unsafe or are not capable of being used, the times within which Restoration may be made and the date that It Is completed or substantially completed .shall be determined by the Architect in his sole discretion, such determination to be final and binding on the parties hereto. L L 7.9 LImitation of Liability Notwithstanding any other proviSion of this Lease, the Lessor shall not be liable for any damages, direct, Indirect or consequential, of any nature whatsoever, (Including, without limitation, loss of business income or other economic loss to the Lessee), of the Lessee or Its employees, customers, suppliers, lessees, licensees or other persons dealing directly or Indirectly with the Lessee or for whom the'Lessee is in law responSible arising out of the failure for any cause whatsoever of the Lessor or others to perform or complete Restoration, or any part thereof, within any period of time following the occurrence of damage or destruction contemplated by this Article, and the Lessee shall Indemnify and save harmless the Lessor from and against all such damages. L L ARTICLE EIGHT ASSIGNMENT. LEASE l 8.1 Consent ReQuired The Lessee shall not assign this Lease, or let, or licence any person to use the whole or any portion of the Demised Premises for any other purpose that expressly provided within this lease agreement. L ARTICLE NINE DEFAULT L 9.1 Events of Default L (a) The occurrence of any of the following events ("Events of Defaulf) shall be deemed a default ("Defaulf) under this Lease If and whenever: L (i) the Lessee fails to pay any Rent promptly when due, provided that the Lessor first gives the Lessee thirty (30) days written notice of any such failure and the default is not remedied on or before the end of such period; L (Ii) the Lessee falls to observe or perform any other term, covenant, condition, or obligation under this Lease that Is capable of remedy, other than a default In . payment of Rent, and such default remains unremedled after thirty (30) days following written notice given by the Lessor to the Lessee specifying such default and requiring the Lessee to remedy the same, provided that If the Lessee has taken substantive steps to remedy the default within such thirty (30) day period and is proCeeding In good faith to complete remedying the default as quickly as is reasonably practicable, such period shall be deemed to expire one (1) day after the default has been remedied; . L l (ill) the Lessee fails to observe and perform any other term, covenant, condition or obligation under this Lease that Is not capable of remedy; (iv) the Lessee makes an assignment for the benefit of its creditors generally, or If the Lessee is declared bankrupt or Insolvent, or if a petition In bankruptcy Is filed against the Lessee, or if the Lessee files an assignment In bankruptcy or takes or attempts to take the advantage of any legislation for relief of bankrupt or insolvent debtors, or if a receiver or a receiver and manager Is appointed for all or a portion of the Lessee's property, or If any steps are taken or any action or proceedings are instituted by the Lessee or by any other party including, without limitation, any court or governmental body of competent jurisdiction for the dissolution, winding-up, discharged or abandoned; and L L L .. 12:>u L Page 15 of 23 H:ILEASESILEASE-LIONSCLUB-2004.00c (v) the Demised Premises become and remain vacant for a period of fourteen (14) consecutive days. J 9.2 Rlaht of Re-Entrv Without derogating from the provisions of this Lease, upon a Default occurring, at the option of the Lessor the Lessor In addition to any other remedy or right It may have, and without notice or any fo~of legal p~s, may forthwith re-enter upon and take possession of the Demised Premises without thereby terminating this Lease and remove and sell the Lessee's goods, chattels, equipment and Lessee's fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Lessor may seize and sell such goods, chattels, equipment and Lessee's fixtures of the Lessee as are In the Demised Premises and may apply the proceeds thereof to all rent and. other payments to which the Lessor Is then entitled under this Lease. Any such sale may be effected In the discretion of the Lessor by public auction or otherwise, and either In bulk or by Individual Item, or partly by one means and partly by another. all as the Lessor In its sole discretion may decide. J J J 9.3 Leaal Exoenses to Recover Possession J If legal action Is brought for recovery of possession of the Demised Premises, for the recovery of Rent, or any other amount due under this. Lease, or because of the breach of any other terms, covenants or conditions herein contained on the part of the Lessee to be kept or performed, and a breach Is established, the Lessee shall pay to the Lessor all reasonable expenses Incurred therefor, including a solicitor's fee (on a solicitor and his client basis), unless a Court shall otherwise award. J J 9.4 Rlaht of Termination-Default In addition to all rights and remedies of the Lessor available to it by any provisions of this Lease or given by law to the Lessor, the Lessee agrees that upon a Default occurring, the Lessor shall have the right to terminate this Lease by giving notice In writing to the Lessee. Upon such notice being given, this Lease shall terminate Immediately without the necessity of any legal proceeding whatsoever. The Lessee shall thereupon within three (3) days after the notice is given quit and surrender the Demised Premises to the Lessor, and the Lessor, its agents, contractors and employees shall have the right to enter the Demised Premises and dispossess 'the Lessee and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Lessee therefor In damages, or otherwise. . J J J 9.5 RIGht to Re-Iet J If the Lessor re-enters pursuant to the provisions of either this Lease or any applicable law, the Lessor, without limiting Its right to recover damages, may either terminate this Lease, or the Lessor may from time to time without terminating the Lessee's obligations under this Lease, make any alterations and repairs considered necessary by the Lessor to facilitate a reletting and relet the Demised Premises or any part thereof as agent of the Lessee for such term or terms and at such rental or rentals and upon such other terms and conditions as the Lessor in its reasonable discretion considers advisable. Upon each relettlng, all rent and other moneys recelv8cJ by the Lessor from the relettlng will be applied (i) to the payment of indebtedness other . than Rent due her.eunder from the Lessee to the Lessor (ii) to the payment of costs and expenses of the relettlng Including brokerageJees, legal fees and costs of the alterations and repairs and (Iii) to the payment of Rent due and unpaid hereunder. The residue, if any, will be held by the Lessor and applied In payment of future rent as it becomes due and payable. If the rent received from the reletting is less than the Rent to be paid by the Lessee, the Lessee shall pay the deficiency to the Lessor. No re-entry by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Lessee. Despite a relettlng without termination, the Lessor may elect at any time to terminate this Lease for a previous breach. J J J J J a .. 1231 J Page 18 of 23 H:Il.EASES\LEASE-LloNsClua-2004.00c J L L L 9.6' SeDarate Remedies The Lessor may from time to time resort to any or all of the rights and remedies available to It upon a Default occurring, either by any provision of this Lease or by statute or by the general law, each of such rights and remedies being Intended to be cumulative and not altemative and each may be e~ercised generally or in combination. L L l L l L L L L L L l L L L L 1232 Page 17 of 23 H:\LEASESILEASE-LIONSCLUB-2004.DOC ARTICLE TEN J GENERAL PROVISIONS 10.1 Definitions "Architect" means the architect from time to time designated or employed by the Municipality under t'1e Lease. "Building" has the meaning assigned to it In Recital "A "of this Lease. "Commencement Date" has the meaning assigned to it In Section 1.3 of this lease. "Demised Premises" has the meaning assigned to it in Recital "E" of this Lease. "HVAC System" means the heating, ventilation, air-conditioning and other climate control equipment, facilities and systems serving the Building as defined in the Lease or any part thereof, including, without limitation, any and all (I) equipment, improvements and installation, (II) duct work, diffusers, distribution piping, air handling units and ventilation units and (iii) monitoring, conservation and control systems. J (a) J J (b) (c) (d) (e) J (f) (g) J "Insured Damage" has the meaning assigned to it in Section 7.2 of this Lease. "Lease" has the meaning assigned to It in Recital "A" of this Lease. (h) (i) 0> J "Municipality" means The Corporation of the Municipality of Clarington. "Premises" has the meaning assigned to it in Recital "A" of this Lease. "Prime Rate" means the variable annual rate of interest (which is calculated daily) established from time to time by the head office in Toronto of any Canadian chartered bank designated by the Landlord, from time to time, as the reference rate it will use to determine rates of interest payable by the most preferred commercial borrowers of such bank on unsecured loans to such borrowers in Canada (as distinct from the rate of Interest chargeable for small business loans sometimes referred to as the "prime. small business loans Interest rate"), current during the applicable period that any amount bears Interest under this Lease. J J J (k) "Restoration" means the repairing, replacing, altering, demolishing or rebuilding of all or any part of the Demised Premises. J (I) "Sales Taxes" means any and all goods and services taxes, sales taxes, multi-stage sales taxes, value added taxes, business transfer taxes, use taxes, consumption taxes or any other taxes Imposed by any Authority on the Lessee or on the Lessor or which the Lessor Is required to remit to any Authority with respect to Rent paid or payable by the Lessee under this lease, or Imposed by any Authority in respect of this lease or the rental or any licensing or use of space under this lease, or In respect of ~e payments made or payable by the Lessee under this lease, or In respect of the goods and services purchased by or provided by the Lessor under this lease, Including, without limitation, the. provision of administrative services to the Lessee under this lease, whether characterized as goods and services taxes, sales taxes, multi-stage sales taxes, value added taxes, business transfer taxes, use taxes, consumption taxes or otherwise. J J J (m) "Term" has the meaning assigned to it in Section 1.2 of this Lease and Licence. (n) Lessors Administrator - means the Purchasing Manager from the Municipality of Clarlngton. J J J 1233 J Page 18 of 23 H:\LEASESILEASE-LIONSCLUB-2004.DOC j L L 10.2 Schedules Form Part of Lease Schedule "A" hereto is deemed to be contained in and form part of this Lease to have the same effect as It would have if Its provisions had been set out as covenants In the text of this Lease. L 10.3 Quiet Enloyment Except as otherwise provided In this Lease, if the Lessee pays the Rent reserved hereby, fully performs all of its covenants and duties under this Lease and no Event of Default has occurred, the Lessee shall be entitled to peaceful and quiet enjoyment of the Demised Premises for the Term of this Lease or any extensiqn or renewal thereof, without interruption or Interference by the Lessor or any person claiming through the Lessor. L 10.4 Covenants L l Every obligation or duty of the Lessor or the Lessee expressed In this Lease although not expressed as a covenant, shall be deemed to be a covenant for all purposes. 10.5 No Partners hiD or Aaencv L . The Lessor does not In any way or for any purpose become a partner of the Lessee in the conduct of Its. business, or otherwise, or a joint venturer or a member of a Joint enterprise with the Lessee, nor is the relationship of principal and agent created by this Lease. L 10.6 PST and GST L Without derogating from any other provision of this Lease, the Lessee shall be responsible for the payment of Sales Taxes and Goods and Services Tax where applicable In respect of and in addition to the Rent required to be paid by the Lessee to the Lessor under this Lease, as well as in respect of goods and services sold by the Lessee or any person claiming or acting through, under or with the permission of the Lessee. 10.7 Overhdldlna No Tacit Renewal L If the Lessee remains in possession of the Premises after the end of the Term with the Consent of the Lessor but without having executed and delivered a new Lease and Licence, there Is no tacit renewal of this Lease and the Term hereby granted, notwithstanding any statutory provisions or legal presumption to the contrary, and the Lessee shall be deemed to be occupying the Demised Premises as a Lessee from mClnth to month at a monthly Rent payable in advance on the first day of each month equal to the aggregate of the following: (a) one- twelfth (1/12th) of the amount of the Rent paya~le by the Lessee in the last full twelve (12) month Rental Year of the Term; and otherwise, upon the same terms, covenants and conditions as are set forth in this Lease, so far as these are applicable to a monthly tenancy. 10.8 Waiver l L L (a) Notwithstanding anything contained in any statute now or hereafter In force limiting or abrogating the right of distress, none of the goods, chattels or Lessee's fixtures on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and if any claim is made for' such exemption by the Lessee or if a distress is made by the Lessor or if any action Is brought to test the right of the Lessor to levy upon any such goods .as are so exempted, this Lease may be pleaded as an estoppel against the Lessee, the Lessee hereby waiving each and every benefit that could or might have accrued to the Lessee under and by virtue of any such statute but for this Lease. l l L (b) Failure of the Lessor to Insist upon the performance of any such covenant or condition of this Lease or to exercise any right or option contained in this Lease shall not be construed as a waiver or relinquishment of any such covenant, condition, right or option or of any subsequent breach of the same. No variation or waiver of any covenant or condition of this Lease shall be valid unless in writing and signed by duly authorized persons on behalf of the Lessor. (c) All Rent to be paid by the Lessee to the Lessor shall be paid without any deduct/on, abatement, set-off or compensation whatsoever. L L L 1234 Page 19 of 23 H:ILEASESILEASE-LIONSCLUB-2004.DOC J J J 10.10 Costs The Lessee shlill pay to the Lessor all damages and costs (including, without limitation, all legal fees on a solicitor and Its client basis) incurred by the Lessor in enforcing the terms of this Lease, or with respect to any matter or thing which is the obligation of the Lessee under this Lease, or In respect of which the Lessee has agreed to Insure or to indemnify the Lessor. 10.11 Set.()ff and Accord and Satisfaction The Lessee hereby waives the benefit of any statutory or other rights in respect of abatement, reduction, set-off, counterclaim, demand, deduction or compensation In its favour at the time hereof and at any future time. No endorsement or statement on any cheque or any letter accompanying. any cheque or payment as Rent shall be deemed an acknowledgement by the Lessor of full payment, or an accord and satisfaction, and the Lessor may accept and cash any such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other right or remedy provided in this lease or at law, in equity or by statute. The Lessor may apply or allocate any sums received from or due to the Lessee against any amounts due and payable under this Lease in such manner as the Lessor sees fit. J J J J 10.12 Authority of Lessor.' etc. J The Lessee acknowledges and agrees that the Lessor shall not be responsible for any debts incurred by the Lessee or by any person for whose conduct the Lessee is responsible in law. The Lessee shall not represent or suffer or permit anyone to represent to any person that either the Lessor or the Municipality of Clarington wil! be responsible for payment of any debt incurred or to be incurred by the Lessee. J 10.13 Rules Regarding CDeratlon of Demised Premises and Areas The Municipality's Purchasing Managerfrom time to time may give the Lessor and the Lessee written notice of rules regarding the operation of the Demised Premises which rules shall be deemed .to be part of this Lease., Such rules shall bl:J complied with by the Lessee during the Term of this Lease and any extension or renewal thereof. 10.14 Demised Premises and Areas to be Smoke-Free The Lessee shall not permit or suffer any person to smoke a tobacco product anywhere in the Building. 10.15 Not Used J J J J J 10.18 Not Used 10.17 Acknowledgement Basement and Second Floor Not ImDroved The Lessee acknowledges that the basement and the Second Floor of the Building have not been improved and that the Lessor Is under no obligation to the Lessee to improve any part of them. J J J 1235. I Page 20 of 23 H:ILEASESILEASE-UONSCLUB-2004.00C J L L 10.18 Use of Additional Areas bvthe Lessee The parties acknowledge and agree that If the Lessee desires to lease any other area, facilities and equipment, any such agreement shall be In the discretion of the Lessor and the Lessee shall be required to pay to the Lessor the Lessor's then current charges to any other person who licences the same from the Lessor. L L 10.19 Lease Sublect to Lease Notwithstanding any provision of this Lease. the parties acknowledge and agree that this Lease . shall tennlnate on the tennlnation of the Lease. L 10.20 Notices L If any notice or other document Is required to be or may be given by the lessor or by any official of the Lessor to the Lessee or by the Lessee to the' Lessor under this Lease such notice shall be transmitted by telefax, mallecl by first class prepaid post or delivered to: L The Lessor: Municipality of Clarington 40 Temperance Street BowmanvllJe, Ontario L 1C 3A6 L Attention: Purchaslna Manaaer If by telecopier to: (905) 623-3330 l The Lessee: The Lions Club of BowmanvllJe 26 Beech Avenue BowmanvllJe, Ontario L1C 3A2 l Attention: President l or such other address of which the Lessor or.the Lessee has notified the other in writing. Any such noUce so mailed or delivered shall be deemed good and sufficient notice under the tenns of this Lease and shall be effective from the date which it Is so mailed or delivered. Any notice transmitted by telefax shall be effective from the date that It is telefaxed. L l 10.21 Force Maleure Notwithstanding anything to the contrary contained In this Lease, If the Lessee is bona fide delayed or hindered in or prevented from the perfonnance of any tenn, covenant or act required hereunder by reason of strikes; labour troubles; Inability to procure materials or services; power failure; restrictive govemmentallaws or regulations; riots; insurrection; sabotage; rebellion; war; act of God; or other reason whether of a like nature or not which Is not the fault of the Lessee, then perfonnance of such tenn, covenant or act Is excused for the period of the delay and the Lessee shall be entitled to perfonn such tenn, covenant or act within the appropriate time period after the expiration of the period of such delay. However, the provisions of this paragraph do not operate to excuse the Lessee from the prompt payment of Rent or any other payments required by this Lease. L L L L L L 1236 Page 21 of 23 H:\LEASESILEASE-LIONSCLUB-2004.00c 10.22 TIme of Essence Time shall be of the essence in all respects of this Lease every part of it. J 10.23 Enforceabllltv If any tenn, covenant or condition of this Lease or the application thereof to any person or circumstance Is to any extent held or rendered Invalid, unenforceable or illegal, the remainder of this Lease or the application of such tef1Tl, covenant or condition to persons or circumstances other than those with respect to which It Is held invalid, unenforceable or illegal Is not affected thereby and continues to be applicable and enforceable to the fullest extent pennitted by law. 10.24 Enurement This Lease' shall enure to the benefit of and be binding upon the parties' hereto, their successors and assigns, provided that no rights shall enure to the benefit of an assignee of this Lease or a Lessee of any portion of the premises unless the proviSions of Section 8.1 are complied wlt,h. J J' J J 10.25 Governing Law This Lease shall be interpreted, governed and enforced in accordance with the laws of the Province of Ontario, 'Canada. J J J J IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally delivered this Lease as of the date first above written. MUNICIPALITY OF CLARINGTON By: Mayor John Mutton By: J , Patti L. Barrie, Municipal Clerk J THE LIONS CLUB OF BOWMANVILLE, ONTARIO By: J J Name: Title: By: Name: Title: J 'J J i t 1237 Page 22 of 23 H:ILEASESILEASE-UONSCLUB-2004.00c J L' L L L L L L l L L l L l L l L SCHEDULE "A" FLOOR PLANS ~ L L L 1~38 Page 23 of 23 H:IlEASES\lEASE-LIONSCLU8-2004.DOC J J J J J J J I J J ] J' J J J .I J J J L. .. L l \ .. L L L L t ta- L L L L L l L L L L CWbJgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19th, 2004 Report #: COD-020-04 File #_ By-law # SUBJECT: CO-oPERATIVE TENDER W02-2004 SUPPLY, DELIVERY AND APPLICATION OF CALCIUM CHLORIDE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-020-04 be received; 2. THAT Miller Paving Limited, Markham, Ontario, with a total bid price of $36,560.00 (plus applicable taxes), for the Municipality of Clarington's requirements for liquid calcium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2004, be awarded the contract to supply and apply approximately 200,000 litres of liquid calcium chloride, as required by the Municipality of Clarington Operations Department; 3. THAT Innovative Buildings Products Inc., Ajax, Ontario, with a total bid price of $2,415.00 (plus applicable taxes), for the Municipality of Clarington's requirements for flaked calcium chloride (in 40 kilo bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co- operative Tender W02-2004, be awarded the portion of the contract to supply and deliver approximately 5,600 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; 4. THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second year; and 5. THAT the funds expended be drawn from the approved budget allo~tion for Operations Road Maintenance. .. 1239 .. , REPORT NO.: COO.Q20.Q4 PAGE 2 J J J J J 1 j J J J ] 1 J J ] 1 J J I Submitted by:~ . e Marano, H.B.Sc., C.M.Q. Direct r of Corporate Services MM\NnFH\LAB\km ... Reviewed by:d~ ~ Franklin Wu, Chief Administrative Officer 1240 L.. ~ L L L L L L L I .. L L l l L L l L L L REPORT NO.: COO.Q20.Q4 PAGE 3 BACKGROUND AND COMMENT The Municipality of Clarington participated with the Durham Purchasing Co-operative Group to tender for the supply and application of calcium chloride products. Subsequently, bids were received and tabulated as follows: Innovative Building Products Inc. A'ax, ON Miller Paving $399,211.44 Markham, Ontario Anco Chemicals Inc. No bid Ma Ie, Ontario Glen Chemicals Ltd. No bid Scarborou h, ON Kissner Miller Co. Ltd. No bid Cambrid e, ON DaLee Dust Control $428,038.52 Stone Creek, Ontario No bid $17,605.35 $21,010.50 $16,754.06 No bid * Alternate Product - does not meet s ecification Of the total bid amounts indicated for Sections I and ", the Municipality of Clarington requirements amount to $36,560.00 and $2,415.00 (plus applicable taxes) respectively. Note the product proposed by Innovative Building Products Inc. for the liquid calcium chloride is an alternative product that does not meet the tender specifications and is currently not recognized as a standard dust suppressant with the Ministry of Transportation. Atter review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from Miller Paving Limited, Markham, Ontario, be recommended for the contract for liquid calcium chloride (Section I) and that Innovative Building Products Inc., Ajax, Ontario, be recommended for the contract fortlaked calcium chloride in 40 kilo bags (Section II). 1241 ,. .~ REPORT NO.: COO.Q20.Q4 PAGE 4 ~ The Finance Director has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. The tendered prices from Miller Paving Limited, Markham, Ontario and Innovative Building Products Inc., Ajax, Ontario, reflect approximately a 2.85% increase and 7.37 % decrease respectively over those tendered in 2002. Both firms have previously performed satisfactorily for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 . ~ 1242 J J J J J J 1 ] J J l J 1 J J J I J I L L L L L L l L L L L l L L L l L L L CfNhlgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE APRIL 19TH, 2004 Date: Report #: COD-021-04 File#_ By-law # Subject: VISUAL ARTS CENTRE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-021-04 be received; 2. THAT the lease agreement with the Visual Arts Centre (Schedule B) be amended to include additional surrounding lands; and . 3. THAT the attached By-law marked Schedule "An" be approved authorizing the Mayor and the Clerk to execute the necessary agreements; Submitted by: tld80 Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services Reviewed bY:O~~ . Franklin Wu, Chief Administrative Officer MM\LAB\km 1243 REPORT NO.: COO-021.Q4 PAGE 2 BACKGROUND AND COMMENT The Municipality has an existing Lease agreement with the Visual Arts Centre, which expires May 12, 2016. As per Engineering Report EGD-14-04 marked Schedule "C" attached, the Bowmanville Rotary Club is proceeding with developing an outdoor display space at the Visual Arts Centre. The Bowmanville Rotary Club intends to apply to the Ontario Trillium Foundation for funds. However, to be eligible, the Visual Arts Centre must lease the area surrounding the building where the display area is to be situated. The Visual Arts Centre have therefore requested an amendment to the agreement to include the additional lands required. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1244 J J '1 J J ) ] ] 1 J J J J J ] J J .I j L L ~ L, L L L L l L L L l l L L L L L L Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- Being a By-law. to authorize a contract between the Corporation of the Municipality of Clarington and Visual Arts Centre, Bowmanville, Ontario, to enter into agreement for leae6 of Visual Arts Centre at 143 Simpson Avenue, Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized tQ execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Visual Arts Gentre, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2004.. By-law read a third time and finally passed this day of ,2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1245 J. J I J J ) J 'J ) 1 J J 1 J ] J I J I l L L L L L L l L L L L l L l L L L L Schedule -B- THIS INDENTURE dated as of the in pursuance of the Short Fo""s of Leases Act. day of ,2004, BElWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord") OF THE FIRST PART -and- THE VISUAL ARTS CENTRE OF NEWCASTLE A Corporation Incorporated under the Jaws of the Province of Ontario (hereinafter called the "Tenanr') OF THE SECOND PART WITNESSETH: WHEREAS by resolution dated , 2004 and ratified and adopted by Council on the day of , 2004, the Landlord agreed to amend the lease to the Tenant dated May 13,1986 to May 12, 2016 and THAT Paragraph 2, Schedule -A" of the said Lease is hereby deleted in its entirety and replaced with the following: . 2. The use of an adequate quantity of land immediately surrounding the Mill structure referred to in paragraph 1in this schedule and as outlined on the attached drawing marked Attachment #1. PAGE 1 H:IlEASES\V1S-ART ..c.2004-AMENDMENT.doc .. 1246 Schedule -B- J J J J J 1 J J ] J J ] J J J I I J j IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested by the hands of Its proper officers in that behalf and the Landlord has hereto affixed its corporate seal duly attested by the hands of its Mayor and Clerk. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: John Mutton, Mayor And: Patti L. Barrie, Clerk THE VISUAL ARTS CENTRE By: .. And: PAGE 2 H:Il.EASES\V1S-ART .c-2004-AMENDMENT.doc Of 1247 l L L l L L l L l l L L L l L L L L L ~! ~~ 1-0 ZC) WW :! ': IO OZ ~<1- a:: . 0 <Q. W a:: - 124~ 1 J J J J ) J J J J J ] J ] 1 l I J I -L..." L L L L L l l L l L L L L L L L L L THIS INDENTURE dated as of the 15TH In pursuan98 of the Short Fonns of Leases Act. LlfJlmgcon Municipality of Clarington EXECUTED CONTRACT day of MARCH , 2004, -, BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord") OF THE FIRST PART -and- THE VISUAL ARTS CENTRE OF NEWCASTLE A Corporation Incorporated under the laws of the Province of Ontario (hereinafter called the "Tenant") OF THE SECOND PART WITNESSETH: WHEREAS by resolution dated 6fA -0"18"- 0 ~ ,2004 and ratified and adopted by Council on the I f;,~ day of Fe1.o t~t ~ .2004, the Landlord agreed to extend the lease to the Tenant dated May 13,1 86 to May 12, 2016 and THAT Paragraph 1 (b), Page 1 of the said Lease is hereby deleted in Its entirety and replaced with the following: 1 b. Insurance and Indemnification (a) The Lessee shall provide and maintain during the tenn of the lease Commercial ! Comprehensive General Liability insurance acceptable to the Municipality and subject to limits of not" less than $3,000,000.00 inclusive per occurrence for bodily injury, death and damage to property induding loss of use thereof. (b) The Commercial! Comprehensive General liability insurance policies shall be In the name of the lessee and shall name the Lessor as an additional insured thereunder. (c) Such Insurance policies shall contain an endorsement to provide the Municipality with thirty (30) days written notice of cancellation. Evidence of insurance satisfactory to the Municipality's Insurance Administrator shall be provided prior to execution of the lease. If requested by the Lessor, Certified Copies of the above-referenced policy must be provided. (d) The lessee shall indemnify and save hannless the lessor from any and all claims, demands, causes of action, loss, costs or damages that the Lessor may suffer, incur or be liable for, resulting from the perfonnance of the Lessee of his obligations under the lease agreement, save and except damages, claims, demands, actions or cause of action arising out of or as a result of the actions of the Municipality, its agents or employees. PAGE 1 H:\LEASES\V1S-ART -C-2004.doc .. 1249. "'''IICUUIC '"' H:\LEASES\V1S-ART -c.2004.doc J I i J J J J 1 J J -J J J J J J I I I IN WITNESS WHEREOF the Tenant has hereto affixed Its corporate seal duly attested by the hands of Its proper officers In that behalf and the Landlord has hereto affixed Its corporate seal duly attested' by the hands of its Mayor and Clerk. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON B~ JohOf~~ And: THE VISUAL ARTS CENTRE B~ /~~~ ~-n And: /. ..' ~ F PAGE 2 · 1250 ,".' .' 'L. " ". , ,'.. L L L L L L l l l l L L L l l L L L L SCHEDULE "B" THIS INDENTURE MADf. THE /.~ rll DAY OF /"'11~j IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT. BETWEEN: THE CORPORATION OF THE'TOWN OF NEWCASTLE (hereinafter cc lIed the "Landlord") OF THE FIRST PART 1986 -and- THE VISUAL ARTS CENTRE OF NEWCASTLE A Corporation Incorporated under the Laws of the Province of Ontario (hereinafter called the "Tenant") OF THE SECOND PART WITNESSETH that in consideration of the rents and covenants hereinafter set forth the Landlord hereby leases unto the Tenant the lands and premises describeC: in Schedule "A" attached hereto; TO HOLD the premises for a term of TWENTY-FIVE (25) YEARS from the date hereof. The Tenant paying therefor yearly in advance during the term hereby granted the sum of ONE ($1.00) DOLLAR of lawful money of C~nada, the first such payment to be due and payable upon the execution hereof and subsequent payments to be due and payable on the 29th day of March in each year during the term hereof. 1. The Tenant covenants with the Landlord as follows: a) to pay rent; b) to provide publiC liability and property damage insurance in an amount not iess than $1,000,000.00 for each occurrence during the currency of this lease;. . c) to maintain and make normcl repairs necessary for the operation of the building; d) to pay during the term hereof all rates and charges for water, gas, electric lights, telephone and power and other public utilities or services supplied to the premises; and any municipal taxes levied thereon; e) to maintain and keep ttie premises, .described in Schedule "A" hereto, and every part thereof, in a clean and tidy condition and not to permit waste paper, garbage, ashes or waste or objectionable material to accumulate thereon. .. 1251 I W. - --1 .,;n...nl;;;L/VL.l;;; D ':'2- " 1252 J J j J J J J J J J J J ] J J 1 J J J e) not at any time to permit any mechanic's, labourer's material-man's or similar lien to stand against.the premises for any labour or materials furnished to, or )lith the consent of, the Tenant, its agents, or contractors, in connection with work of any character performed or claimed to have been performed on the premises by or at the direction or sufference of the Tenant; PROVIDED, however, that the Tenant shall have the right to contest the validity of or the amount claimed under or in respect of. any such lien, if such contestation shall involve no forfeiture, foreclosure or sale of the premises or any part thereof, but upon a final determination of such contest the Tenant shall immediately pay and satisfy any judgement or decree rendered against the Tenant, with all proper costs and charges. and cause such lien to be discharged and released off record, all without cost or expense to the Landlord; PROVIDED FURTHER that on the Tenant's failure promptly to remove or contest any such lien, the Landlord, at its option. may pay and discharge such lien, and all amount paid by or cn behalf 'of the Landlor~, together with all expenses incurred in connection therewith by or for the Landlord shall be charged to and paid forthwith by the Tenant as additional rent; g) to indemnify the Landlord from any and all liabilities, damages, costs, claims, suits or actions growing out of any n~gligence or breach, violation or non-performance of any covenant or proviso hereof on the part of the Tenant or any of its servants, agents. or employees or any person having business with the Tenant. Such indemnification in respect of any such neg l1gence, breach, violation or non-performance occurring during the term of the lease shall survive any termination of this lease, anything in this lease to the contrary notwithstanding; PROVIDED, however, that such indemnification shall in no event extend to the direct, primary and proximate results of the negligent, reckless or wilful conduct of the Landlord, its agent, employees or representatives; 2. The Landlord covenants with the Tenant as follows: a) for quiet enjoyment; 'l.. :. "..: .- L L L L ~j o SCHEDULE "B" -3- l L l' L l l t l l L l L L L b) Subject to the approval of the Landlord that the Tenant when not in default of performance of any of its obligations hereunder shall have the right to make at its own expense such alterations or additions and improvements to the premises as it may deem advisable provided that no such. alteration, ~ddition or improvement shall reduce the value or character of the premises or weaken their structural safety or be detrimental to their use. 3. Proviso for re-entry by the said Landlord on non-payment' of rent or. non-performance of covenants. 4. Provided that the Tenant may remove its fixtures and property. 5. Provided that the Tenant may share in common with others so entitled the public washroom facilities and connecting common areas. to such facilities adjoining to the north of the main or first floor of the subject premises. 6. Provided that the Tenant hereby agrees to use the subject premises as a centre for the arts and to maintain its Charter and By-laws in a form the same as or similar to th~ present ones now in existence so that the membership in the Tenant organization will be open and available to all members of the Community who comply with the rules and regulations of the Tenant, such rules and regulations to be of a form usual to such organization. 7. Should the Tenant cease to be active in the Town of Newcastle for more than six months, this Lease shall be forfeited and vacant possession shall be given forthwith to the Landlord. 8. Provided that should the premi~Qs be damaged or destroyed by fire or other cause, the proceeds of any insurance held by the Tenant and/or Landlord shall be used to rebuild the premises if practicable; otherwise such proceedS shall be used to provide a Centre suitable to the Tenant to be used and occupied by the Tenant on the same or a similar basis ~~hat upon which the premises hereby leased now are used and occupied. e ,.Jt I( 9. The Tenant may tenninate this lease by giving notice in writing to the Landlord and the effective dates of such termination shall be six months after such notice is received by the Landlord. 10. If the Tenant goes out of possession of the premises, the Landlord may enter and take such'steps as may be necessary to maintain same and the Tenant may acquire possession of the premises 'once again if it pays to the Landlord the latter's reasonable expenses in so maintaining the premises provided that " 1253 -4- ......~I '..........."'...... .... THE CORPORATION OF THE TOWN OF NEWCASTLE J I J I I I J J ) J J J l J J l I j J such right to regain possession shall lapse six ffi?nths after the Tenant first goes out of possession. 1. At the termination of the term or any renewal of this lease, the Tenant shall have the .right of first refusal to rent the premises. IN WITNESS WHEREOF the Tenant has hereto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the Landlord has hereto affixed its corporate seal duly attested by the hands of its Mayor and Clerk. ./", ) ) ) ) .) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) . ) . ) ) ) ) ) ) SIGNED, SEALED AND DELIVERED . . THE VISUAL ARTS CENTRE OF NEWCASTLE ~#).~ . PRES WENT '^~ YG~~J~ . I SECRETARY .. 1254 ',~: .. .t L L L L .. 'L L L .L , L. l L l L L L L 1. The use of portions of the structur~ or building known as the "Cream of Barley Mill" located in the. Town of Newcastle in' the Regional Municipality of Durham, now situated on lands described as Part of Lot 9, Concession " particularly designated as Part " Plan 1DR-263, and being the following floors and rooms therein: a) All of the basement floor area, adjoining rooms and connecting hallway therein, said latter rooms being commonly known as the utility-storage and the fireplace rooms, and b) All of the enti re fi rst, second and thi rd floor areas and any partitioned rooms or spaces therein. 2. The use of an adequate Quantity of land immediately surrounding the Mill structure, referred to in paragraph 1 in this Schedule, sufficient for the purposes of automobile parking for all Mill functions and activities as well as necessary ingress and egress to and from the said Mill structure. .. 1255 ~ 1256 , I I J J J J J J J J J J J l J J j J THE, CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- 046 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Visual Arts Centre, Bowmanville, Ontario, to enter Into agreement for lease of Visual Arts Centre at 143 Simpson Avenue, Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Visual Arts Centre, Bowmanville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "An form part of this By-law. By-law read a first and second time this 16 day of Febr~w04. 16 February By-law re~d a third time and finally passed this day of , 2004. l' ..' . . IJ1gglOn l SCHEDULE "C"' REPORT E'NGINEERING SERVICES ~ &.. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE L Date: L Report.: EGD-1441 L Subject: L RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee L recommend to Council the following: L L KlJ--- O~~ L Submitted by: Anthony Cannella, C.E.T. ~eviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer L: PW/ASC~w March 22, 2004 March 29, 2004 File #: By-law #: Bowmanville Rotary Club Centennial Project, Soper Creek Park 1. THAT Report EGD-14-Q4 be received for information. L l L L L ..:- CORPORATION OF THE MUNICIPALITY OF cLARINGTON . L. 40 TEMPERANCE STREET, BO~ANV1MT4Bl~"1 C 3A6 T 905-623-3379 F 905-623-92.82 ~.... SCHEDULE "e" REPORT NO.: EGD.14-04 PAGE 2 1.0 PURPOSE OF REPORT To update Council on the proposal by the Bowmanville Rotary Club to create an outdoor display and performance space at the Visual Arts Centre NAC) in Soper Creek Park. 2.0 BACKGROUND At the October 20, 2003 Council meeting, Kevin Anyan of the Bowmanville Rotary Club addressed Council seeking approval of the Club's concept for improvements to Soper Creek Park surrounding the VAC. The Bowmanville Rotary Club is proposing to undertake the improvements as its Rotary Centennial project. The Club has since developed detailed plans illustrating their proposal for an outdoor display and performance space (Attachment No. 1 & 2), a phasing schedule and cost estimate. 3.0 COMMENTS The V AC has been utilizing the outdoor space surrounding the V AC from the mid 90's to the present for their annual Art On Public Lands exhibition where the work of selected artists is displayed outdoors for a one year period. Currently the outdoor display area is grassed with no walkways, seating, or paved viewing areas. At certain times of the year the area is very damp. The objective of the Rotary Club's project is to create an outdoor display space to accommodate public art if, a natural setting with walkways, seating areas and other features. The outdoor display and performance space.would enhance the Art On Public Lands exhibition and hopefully become a major attraction within Soper Creek Park and the Municipality. ... 1258 .~ I j S J J J oj J J J J J J J J I J .J J J l' L l L L L L L L L L L L L L 4.0 L L 1 t .. L SCHEDULE "C" REPORT NO.: EGD-14-04 PAGE 3 The main components of the Rotary Club's proposal are; a new interlocking paver display and performance space with a pre-cast concrete seating area surrounding it, a wooden structure to display artwork, new walkways connecting the building to the display area, a new trail along the creek edge, and an artificial stream and bridge. The VAC has worked with Rotary Club on the development of the plan. The Departments of Engineering and Operations have also been consulted while the plan was being developed. The total estimated cost of the project is $237,000. The Rotary Club is committed to fundraising for the project in its entirety. They propose to raise the required funds from the sale of individual bricks, and from grants from other sources. The Operations Department would assist by making improvements to the existing parking lot. The implementation of the project has ~een divided into 3 phases. It is important that each phase of the project is functional and useful in the event that subsequent phases are not completed because of funding shortfalls. The Operations Department is responsible for maintaining the grounds surrounding the Visual Arts Centre. Since the area is mainly grass, maintenance includes grass cutting and litter pick-up. Installing and maintaining the art displays is the responsibility of the VAC. Once completed the Municipality would be required to maintain the grass, walkways, planting beds and seating areas. The art displays would remain the responsibility of the VAC. CONCLUSION The creation of a formalized outdoor display space at the VACis a natural extension of the VAC mission to promote the creation, display and appreciation of visual arts in the Municipality of Clarington. ~ 1259 SCHEDULE "e" 0' j REPORT NO.: EGD-14-G4 .' PAGE I The Bowmanville Rotary Club is a supporter of the VAC and has chosen this project as j their Rotary Centennial Project. The Club is committed to raising the funds required to complete the project. The Municipality continues to support their efforts to create an outdoor display space at Soper Creek Pa~. "JI 1260 J J J J J J J J J J J J J J J J Attachments: Attachment No.1: Site Layout Plan Attachment No.2: Amphitheatre L ;-;._~ L l L L L L L l L L L L L l L L l L ~~ 0_ Zc ~.C) ffiw ::e .: ::cO oz ~.~ <~ W 0:: U :: W -J ::) Q W :r: u V) .~ 1261 .. -: ~I ~ I I ~~ U. j...... o~ :: . Z 9"' ,; ....ci W Z (!) -l w w -... ~ .: ...J .J.... . !o Q.. (JZ W <.... . ~a: J: 4( ~ \.J J... w '^.' a: v I " J J J ~J '~J . lJ J JJ 'J . :J .\J ..' 12621 ') ~ . :J J \ L I ... L L I 1.. L L L L L t .. L I' i.. , L l L ~ L L l .... Cl8lintltltJ Leadi"g the Wa)'.e~ REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, APRIL 19, 2004 Resolution #: Report #: FND-010-04 File #: By-law #: '. 'k~ Subject: PROVINCIAL SALES TAX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-01"0-04 be received; 2. THAT Council endorse the resolution of the Council of the Regional Municipality of Durham that the Provincial Government give consideration to a zero-rate (tax- free) Provincial Sales Tax for municipal purchases of goods and services; 3. THAT the Province of Ontario be requested to dedicate a portion of the Provincial fuel tax to help improve roads and transit infrastructure in the Province; and 4. THAT a copy of this resolution be forwarded to the City of Sarnia, the Ministers of Finance and Municipal Affairs, the local MPP and the Association of Municipalities of Ontario. O"~L Reviewed by. . ~ Franklin Wu, Chief Administrative Officer. '. NT/hjl '" 1301 REPORT NO.: FND-010-04 PAGE 2 J J l J J J J J J J J J J ] J J J J l BACKGROUND AND COMMENT: 1.0 At the Council meeting of March 1, 2004, Clarington Council referred correspondence received from the City of Sarnia to the Director of FinancefTreasurer. The correspondence indicated that the Council of the City of Sarnia passed the following resolution on January 26, 2004: "THAt Sarnia City Council supports the efforts being made by the Mayors of some of the larger Canadian cities to realize full municipal rebates of the GST, and a 5 cent per litre share of the Federal Gas Tax; and That a similar position be adopted by other municipalities with respect to PST; and That the City of Sarnia believes that a percentage of the revenues realized . by the 8 percent PST, and 7 percent GST, imposed on goods and/or 'services in the various municipalities within the Province of Ontario, and . collected and remitted by the organizations and businesses within said Province, be negotiated between representatives of all governments, and that the agreed upon figure be remitted by the organizations and businesses directly to the municipality based upon the time schedules now implemented; and THAT this motion be forwarded to the usual municipalities, to AMO, to our local MP and MPP, and to the Mayor of Toronto." 2.0 At the Region of Durham Finance and Administration Committee of Wednesday, February 25, 2004, the Committee approved Report 2004-F-15 (Attachment A), requesting the Province to exempt municipalities from paying PST on municipal purchases of goods and services. This would provide municipalities with much needed assistance in reducing expenses in the same manner as the Federal government has announced the elimination of the GST for municipalities. 3.0 As the two resolutions deal with essentially the same issues, they are dealt with together in this report. 4.0 The City of Sarnia appears to be proposing, in addition to a full rebate of the PST, a share of the revenues generated from PST and GST from organizations within their municipality. They further suggest that this be remitted directly to the Municipality by the affected businesses and organizations. 5.0 From a practical perspective, municipalities do not have the mechanisms in place to enforce collection or audit'the value of amounts remitted. There would, as a minimum requirement, be staffing and expertise developed, as well as an interface to the Ministry. of Finance. This could be a costly exercise that may not ..' 1302 L 1 L ! L ~ .... L L t . ..... L L L L L L L L L L L l L REPORT NO.: FND-010-04 PAGE 3 be feasible for many smaller municipalities. It would also represent a duplication of effort. Municipalities collect property taxes on behalf of the upper tier municipalities and school boards and remit the amounts to them for exactly this reason. 6.0 There is a more compelling case for requests to receive a share of gasoline tax as there is a direct correlation to the costs of construction and maintenance and repair of roads. Even in this case,' it would be recommended that the upper levels of government continue to be the collection agent, with remittances to the municipalities based upon an agreed upon formula. 7.0 As mentioned in the attached report, a PST rebate is an efficient means of generating revenue for municipalities that is tied to the amount of purchases a municipality makes in a given year. The Association of Municipalities of Ontario estimates that municipalities in Ontario would save approximately $180 million if the PST exemption was adopted. CONCLUSION: 8.0 While savings from a PST exemption may not be equivalent to the savings anticipated from the GST exemption, it would still provide much needed assistance to municipalities in either reduced costs or making available financing for infrastructure needs. It is therefore recommended that Council endorse the request by the Region of Durham that the Provincial Government give consideration to a zero-rate (tax-free) PST for municipal purchases of goods and services. 9.0 It is also recommended that Council formally request that the Province of Ontario give consideration to AMO's request to dedicate a portion of the provincial fuel tax to help improve roads and transit infrastructure in the Province. Attachments: Attachment A - Region of Durham Report 2004-F-15 ., 1303 REPORT NO.: FND-010-04 PAGE 4 Copies to:' City of Samia Margaret Watson, City Clerk P.O. Box 3018 255 North Christina Street Sarnia, Ontario . N7T 7N2 Hon. Greg Sorbara Minister of Finance Frost Bldg. South 7th floor, 7Queen's Park Crescent Toronto, Ontario M7 A 1 Y7 Hon. John Gerretsen Minister of Municipal Affairs and Housing 17th Floor, 777 Bay Street Toronto, Ontario M5G 2C8 John O'Toole, MPP 75 King Street East Bowmanville, Ontario L 1 C 1 N4 Association of Municipalities of Ontario 393 University Avenue Suite 1701 Toronto, Ontario M5G 1 E6 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 ~ 1304 J J J J J J J J J J J J J J J J J J J - I -- , ! .. Attachment A f ... The Regional Municipality of Durham Report to: Finance and Administratil... - -. -... From: R.J. Clapp, Commissioner of Finance Report No.: 2004-F-15 Date: February 25, 2004 I L SUBJECT: REQUEST FOR PROVINCIAL SALES TAX (PST) RELIEF ON REGIONAL PURCHASES OF GOODS AND SERVICES ~ ... , f i I.. RECOMMENDATIONS: , .. The Finance and Administration Committee recommend to Regional Gouncil that: 1.' The Provincial Government give consideration to a zero-rate (tax-free) Provincial Sales Tax for municipal purchases of goods and services, thereby providing municipalities with much needed assistance in reducing expenses in the same manner as the Federal government has announced the elimination ofthe GST for municipalities. 1 .. I .. L L 2; A copy of this report be forwarded to the Ministers of Finance and Municipal AffailJ), tbe local MPP's representing Durham Region and the Association of Municipalities of Ontario.. 1.0 INTRODUCTION i L. . On February 2,' 2004 the Federal Government's Speech from the Throne indicated that the Government of Canada would provide all municipalities with full relief from the portion of the Goods and Services Tax (GST) that they currently pay. According to the Speech, this measure will provide municipalities with approximately $7 billion in GST rebates over the next decade. The GST rebates for municipalities began to accumulate on February 1, 2004. L L L. L . Just as the Federal Government has recently provided Canadian municipalities with full exemption of the GST for the' purchase of goods and services, municipalities are. requesting that the Province of Ontario act in kind and provide a zE;lro-rate Provincial Sales Tax (PST) for municipalities. Such taxation relief would provide municipalities with a much needed assistance through reduced expenditures. 2.0 . BACKGROUND t L . The Retail Sales Tax Act (the Act) imposes a general sales tax of 8% on the retail price of most goods and services sold to final consumers. The Act also levies sales tax at variable rates between 4% (for example, on automobile insurance) and 12% (on alcoholic beverages). \ L. ! I .. 1305 .~ REPORT #2004-F-15 2. . Provincial receipts from PST for the 2001-2002 fiscal year totalled approximately $14 billion and represents approxima~ely 20% of the Province's total revenue. . Currently, municipalities in Ontario must pay PST, for which they receive no rebate at all. In 2002, a Special Report commissioned by TO Economics estimated that all Ontario municipalities pay approximately $275 million in the PST to the Government of Ontario. The GT Ashare is estimated to be around $150 million. 3.0 STRUCTURE AND APPLICABILITY OF THE PST . The PST js imposed on the sale, or on the gross receipts from the sale, of a wide range of commodities and, sometimes, of services. The main difference between the PST and GST is the manner in which the taxes are collected. While the GST is collected at every stage of the production process of a particular good or service, the. PST is collected at the retail stage and no input tax credits are issued. . Currently, the PST applies to a host of municipal goods and services which are eligible under the Act, including but not limited to the purchase of capital for construction work, office supplies and fleet vehicles. . The Region estimated that approximately $3.2 million was spent on PST for related municipal purchases in 2003. 4.0 THE CASE FOR PST RELIEF ON MUNICIPAL PURCHASES . A PST rebate on municipal purchases represents a reduction of costs for municipalities. A PST rebate represents a quick, efficient means of generating revenue for municipalities and the amount of relief provided to municipalities is strictly related to the amount of eligible purchases a municipality makes in a given year. . . In most cases, the applicability of the PST to municipal purchases represents an additional cost to the taxpayer; since the tax burden is almost always shifted to and borne by the taxpayer. In essence, this raises the issue of double taxation. For example, it does not make sense that municipal tax dollars used to purchase a police vehicle be increased to send sales tax dollars from one level of government to another. By exempting the PST at the municipal level, greater equity to the taxpayer would be achieved. The Association of Municipalities of Ontario (AMO) estimates that municipalities in Ontario would be permitted to retain approximately $180 million in collected property tax dollars (there would also be a benefit in reduced costs funded by other municipal sources of revenue (e.g. user revenue)). 1306 " J 1 1 J J J J J J J J J .J J J J J J J L , .. 1 I .. REPORT #2004-F-15 t L. . During the 2004 Speech from the Throne, the Federal Government announced that it would forgive the GST on municipal purchases of goods and services, effective February 1, 2004. If the Province were to also consider providing taxation relief via a zero-rate PST for municipalities in addition to Federal GST exemption, AMO estimates that a combined $330 million in property taxes would be retained by our communities. L L 5.0 CONCLUSION L L L L . The Region endorses the recommendations outlined in AMO's 2004 Pre-Budget Submission and would welcome a commitment from the Provincial Government to provide the municipality with PST relief. A PST rebate for the Region represents an estimated minimum amount of $3 million a year in reduced costs, depending on the amount of purchases made by the Region in a given year. Combined relief from the GST and PST would avoid the issue of double taxation, which is incurred on the purchases of goods and services at the municipall.evel. ~~~~~ R.J. Clapp, CA Commissioner of Finance I '- I ... Recommended for Presentation to Committee I t. ~ L. G.H. Cubitt, M.S.W. Chief Administrative Officer dlk\2004reports\pst report L L L I it- , L L 1.307 3. .. J J J J j J J J J ] J j J J J J J ] l