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HomeMy WebLinkAbout02/23/2004 Leading the Way I , I `r GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: FEBRUARY 23, 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 February 9, 2004 301 4. DELEGATIONS (a) Mr. Ron Hooper and Ms. Suzanne McCrimmon, Clarington Board of Trade, 181 Liberty Street South, Box 434, Bowmanville, •- 1-11C 3Z2 - Quarterly report (b) Mr. Mike Strahl, Courtice Secondary School, 1717 Nash Road, Courtice, L1 E 21-8 - Juno Beach Anniversary Tour (c) Mr. Allan Brock, Brock's Service Centre, 160 Church Street, Bowmanville, L1 C 3K9 - Parking (d) Mr. Terry Graham, Newcastle Lions Club, 20 King Street West, Newcastle, L1 B 1 H7 - Memorial Forest and Dog Park (e) Mr. Rob Savage, 1385 Ovens Road, Newtonville, LOA 1 JO - Fencing Height (f) Mr. Phil Diamond, Cardiac Care Community Advisory Group, 3 Carroll Street, Whitby, L1 N 7Y7 - Rouge Valley Health System and Cardiac Surgery Services CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 62.3-3379 .ri G.P. & A. Agenda . 2 - February 23, 2004 5. PUBLIC MEETING (a) Rezoning Application Applicant: Gold Farm/Mutt Enterprises Ltd. REPORT PSD-019-04 501 6. PLANNING SERVICES DEPARTMENT w+ (a) PSD-019-04 - Rezoning Application to Permit Convenience Store Applicant: Gold Farm/Mutt Enterprises Limited 601 .� (b) PSD-020-04 - Port Granby Project Community Advisory Committee 607 (c) PSD-021-04 - Rezoning and Plan of Subdivision to Permit a 39 Unit Residential Development Syvan Developments Limited (Foster Heights) 615 (d) PSD-022-04 - Brookhill Neighbourhood Design Plan 635 r (e) PSD-023-04 - South Courtice Business Park Study 650 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-08-04 - Monthly Report on Building Permit Activity for January, 2004 701 8. OPERATIONS DEPARTMENT .r No Reports as 9. EMERGENCY SERVICES DEPARTMENT (a) ESD-004-04 - Amendment to By-law 96-32 901 No (b) ESD-005-04 - Monthly Response Report — January, 2004 905 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-006-04 - Confidential Personnel Matter 1101 (to be distributed under separate cover) rr ' G.P. & A. Agenda - 3 - February 23, 2004 12. CORPORATE SERVICES DEPARTMENT .r (a) COD-007-04 - Oshawa/Clarington Association for Community Living and John Howard Society Lease Agreements 1201 (b) COD-009-04 - Backyard Festival 1225 ... 13. FINANCE DEPARTMENT (a) FND-003-04 - 2002 Audit Management Recommendation Letter 1.301 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT , •- No Reports 15. UNFINISHED BUSINESS .. 16. OTHER BUSINESS .. 17. ADJOURNMENT dw ,W r. THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee February 9, 2004 •- Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 9, 2004 at 9:30 a.m., in the �. Council Chambers. ROLL CALL Present Were Mayor J. Mutton Councillor A. Foster �- Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Solicitor, D. Hefferon (attended the meeting at 9:43 a.m.) Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Administrative Assistant to the Municipal Clerk, H. Keyzers Clerk II, C. Verhoog (attended until 11:01 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. MINUTES Resolution #GPA-067-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on January 26, 2004, be approved. .. r"CARRIED" 3 J i r. G.P. & A. Minutes - 2 - February 9, 2004 d0i PRESENTATION ..r (a) Mr. Claudio Covelli, Dillon Consulting, 235 Yorkland Boulevard, Toronto, M2J 4Y8, .r circulated a copy of his Power Point presentation on the Clarington Fire Master Plan which outlined the following: • • Background • Main challenges ski • Assessment methodology • Performance measures • Analytic results - non-suppression measures • Financial impact/Development Charge • Summary and conclusion • Recommendations - implementation schedule - total needs to Year 2020 DELEGATION Resolution #GPA-068-04 .ri Moved by Councillor Trim, Seconded by Councillor Robinson THAT the delegation of Mr. Glenn Case be allowed to continue longer than 10 minutes. "CARRIED" .r (a) Mr. Glenn Case, Director of the Port Hope Area Initiative, Low Level Radioactive Waste Management Office, 5 Mill Street South, Port Hope, L1A 256, circulated a copy of his Power Point presentation outlining the following: • Port Granby Project purpose • Alternative means process — conclusions and recommendations • How the recommended concept and transportation route were developed • Next steps • Upcoming public consultation ,) L G.P. & A. Minutes - 3 - February 9, 2004 DELEGATION CONT'D Mr. Case recommends the relocation of the historic low-level radioactive waste to a new .. state-of-the-art above gr and mound facility on an available neighbourin site further away from the lake, and rehabiRation of the existing •• Port Granby Waste Management Facility site located on the shoreline of Lake Ontario in south-east Clarington. Resolution #GPA-069-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Committee recess for ten minutes. "CARRIED" The meeting reconvened at 10:37 a.m. Councillor Schell chaired this portion of the meeting. PUBLIC MEETINGS' There were no items considered under this section of the agenda. PLANNING SERVICES DEPARTMENT Removal of Holding Resolution #GPA-070-04 `r Symbol Appl.: Paul Lysyk Moved by Councillor Robinson, seconded by Councillor MacArthur .. Family Trust THAT Report PSD-017-04 be received; THAT the request submitted by Paul Lysyk on behalf of Paul Lysyk Family Trust, to remove the Holding (H) symbol, be approved; THAT the by-law attached to Report PSD-017-04 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 Report PSD-017-04 and any delegations be advised of Council's decision. "CARRIED" 3 G.P. & A. Minutes - 4 - February 9, 2004 PLANNING SERVICES DEPARTMENT CONT'D , Expropriations Act Resolution #GPA-071-04 Respecting , Inquiry Report for Moved by Councillor Trim, seconded by Councillor MacArthur Proposed Expropriation of THAT Report PSD-018-04 be received; ., 774 Martin Road, Bowmanville THAT Council as the approval authority under subsection 5(1) of the Expropriations Act having considered the Report of the Inquiry Officer Mr. David R. Vine, Q.C. and for reasons set out in Mr. Vine's report, which Council hereby adopts as its reasons, pass a by-law to approve the • proposed expropriation for the purposes of a community park of the lands more particularly described as the portion of Part Lot 15, Broken Front Concession, former Township of Darlington, in the Municipality of Clarington, in the Regional Municipality of Durham shown on the Parcel Register for Property Identifier Number 26606-0095 (LT) to be owned by Tadeusz Jurski, Henryka Jurski and Richard Joseph Pajdo, excluding from the expropriation the easement in favour of the Hydro-Electric Power Commission of Ontario described ' in Instrument No. DN19451 E, and to authorize the Mayor and Clerk to execute a Certificate of Approval of the expropriation; THAT Council approve the Notice of Decision and Reasons for Decision contained in Attachment 4 to Report PSD-018-04 approving the proposed expropriation and authorize the Clerk to serve a copy of it on all parties as required by subsection 8(2) of the Expropriations Act; "w THAT Council pass a by-law to approve the expropriation of the land for the purpose of a community park pursuant to the Expropriations Act, and to authorize the Mayor and the Clerk to execute a Certificate of Approval on behalf of Council as the approval authority as is required by subsection 8(3) of the Expropriations Act; THAT Council pass a by-law to authorize the Mayor and .d Clerk on behalf of the Municipality to execute an expropriation plan of the land and cause the plan to be registered in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act; and THAT Council pass a by-law to expropriate the land for the purposes of a community park pursuant to the Municipal Act, 2001. .r "CARRIED" 3 G.P. & A. Minutes - 5 - February 9, 2004 Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT •• Moved by Mayor Mutton, seconded by Councillor Schell THAT Confidential Report EGD-07-04 be added to the' agenda. "CARRIED" Traffic Resolution #GPA-072-04 By-law 91-58 Amendments Moved by Councillor Schell, seconded by Councillor Trim THAT Report EGD-05-04 be received; THAT stop signs be used as the standard form of signed right-of-way control and that yield signs only be utilized in locations where engineering judgment dictate that yield signs would improve public safety; THAT the proposed by-law amending the stop and yield schedules of Traffic By-law 91-58 attached to Report EDG-05-04 be approved; and THAT interested parties listed within Report EGD-05-04 be provided with a copy of Report EGD-05-04 and Council's decision. "CARRIED" Longworth Road Resolution #GPA-073-04 �. and Bridge Land Transfer Moved by Councillor Schell, seconded by Mayor Mutton THAT Report EGD-06-04 be received; THAT the agreements contained in Attachment No. 2 to Report EGD-06-04 between the Municipality of Clarington and CLOCA be approved; THAT a by-law be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute the agreement contained in Attachment No. 2 to Report EGD-06-04; and THAT CLOCA be advised of Council's decision. "CARRIED" S G.P. & A. Minutes - 6 - February 9, 2004 "Y ENGINEERING SERVICES DEPARTMENT CONT'D Confidential Resolution #GPA-074-04 Report I Moved by Mayor Mutton, seconded by Councillor Schell THAT the recommendations con liltained in Confidential �•+ Report EGD-07-04 be approved. "CARRIED" OPERATIONS DEPARTMENT There were no items considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT Monthly Response Resolution #GPA-075-04 Report - December 2003 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report ESD-002-04 be received for information. ad "CARRIED" Master Fire Plan Resolution #GPA-076-04 Moved by Councillor Foster, seconded by Councillor Trim THAT Report ESD-003-04 be received; and THAT the Master Fire Plan report and the presentation of Mr. Claudio Covelli be referred to staff for the preparation of a business plan, to address the recommendations in the Master Fire Plan. "CARRIED" COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. d W .rir G.P. & A. Minutes - 7 - February 9, 2004 CLERK'S DEPARTMENT There were no items considered under this section of the agenda. Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Single Stream Resolution #GPA-077-04 Payment for Regional Moved by Councillor Schell, seconded by Councillor Pingle Compensation .. THAT Report COD-005-04 be received; THAT the Municipality of Clarington, based on confirmation of the Region of Durham's approval of the transfer of responsibility for processing payroll, process compensation for the Mayor and Regional Councillors at the local level; THAT participation in the single stream payment process for both local and Regional responsibilities be optional for the Mayor and individual members of Regional Council; THAT the Municipality of Clarington invoice the Region of Durham for all expense incurred in relation to processing the Regional payroll for the Municipality of Clarington Mayor and the Municipality of Clarington Regional Councillors' salaries; THAT the by-law attached to Report COD-005-04 providing for the payment of Regional payroll at the local level with appropriate invoicing to the Region for related costs be approved; and �. THAT the Region of Durham be notified and provided a copy of the approved by-law. "CARRIED" Visual Arts Centre Renovations #GPA-078-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-006-04 be received; THAT the lease agreement with the Visual Arts Centre (Schedule B to Report COD-006-04) be extended to expire May 12, 2016; _ G.P. & A. Minutes - 8 - February 9, 2004 -o CORPORATE SERVICES DEPARTMENT CONT'D THAT the insurance clause item 1 b be amended to reflect the current municipal standard 9nd practice; and ,. THAT the by-law attached to Report COD-006-04 marked Schedule A be approved authorizing the Mayor and the ..+ Clerk to execute the necessary agreements. I "CARRIED" •+ FINANCE DEPARTMENT There were no items considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT Resolution #GPA-079-04 r+ Moved by Councillor Pingle, seconded by Councillor Robinson I THAT the meeting be "closed" to allow for consideration of Confidential Report ADM-001-04 pertaining to a personnel matter. "CARRIED" UNFINISHED BUSINESS Resolution #GPA-080-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the actions taken at the "closed" meeting be ratified. "CARRIED" ` OTHER BUSINESS Resolution #GPA-081-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Glenn Case be referred to staff. "CARRIED" G.P. & A. Minutes - 9 - February 9, 2004 40 ADJOURNMENT am Resolution #GPA-082-04 •- Moved by Councillor MacArthur] seconded by Councillor Pingle THAT the meeting adjourn at 12100 noon. "CARRIED", MAYOR — MUNICIPAL CLERK r PUBLIC MEETING r REPORT # PSD-019-04 'CORPORATION OF THE GOLD FARM/MUTT ENTERPRISES Q MUNICIPALITY OF CLARINGTON LIMITED Leaning the way NOTICE OF PUBLIC MEETING n. DEVELOPMENT APPLICATION BY: GOLD FARM / MUTT ENTERPRISES LIMITED AN APPLICATION TO AMEND THE ZONING BY-LAW TAKE NOTICE that the Council of the Corporation of the Municipality oflClarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amenOed. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Gold Farm/Mutt Enterprises Limited would permit the development of a convenience store in addition to other permitted uses in the"Service Station Commercial(C7) ,,. Zone". The subject property is located in Part Lot 14, Concession 1, former Town of Bowmanville at 300 Waverly Road South (see reverse). Planning File No.: ZBA 2003-054 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, February 23, 2004 TIME: 9:30 a.m. PLACE: Council Chambers, 2"d Floor, Municipal Administrative Centre, .r. 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, March 1, 2004 commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, February 25, 2004 to have your name appear in the Agenda. ,.. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Richard Holy at(905)623-3379 extension 332 or by e-mail at rholy @municipality.clarington.on.ca APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated unicipality of Clarington this 9tr, day of January 2004 DeCrome, M.C.I.P., R.P.P. 40 Temperance Street J Director of Planning Services Bowmanville,Ontario •• Municipality of Clarington L1C 3A6 Ell A i TT STORE U ' li_ I ail 1_7 X z U) GAS w PUMP OVERHEAD CANOPY 0 z r LU retie 11, J 0 LU, 0 1 W > -------------- V BASELINE ROAD WEST Bowmanville Key Map j CARRUTH RS DR. 1 so < UIRES TE Subject DR. z ik -054 T Site ZBA 2003 ROSER CRES. JOHN SC AVE. Zoning By-law Amendment BASELINE ROAD BASELINE z F —7 fS7PICER SQUARE Owner: Gold Farm JJ Mutt Enterprises Ltd. CARTIER MAA�COONIALD AEIIER Ciarin2tOR Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2004 Report#: PSD-019-04 File#: ZBA 2003-054 By-law#: Subject: REZONING APPLICATION TO PERMIT CONVENIENCE STORE APPLICANT: GOLD FARM/MUTT ENTERPRISES LIMITED Northwest Corner of Baseline Road and Waverly Road South, 300 Waverly ■- Road South, Bowmanville �- RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-019-04 be received; 2. THAT the application submitted by Gold Farm/Mutt Enterprises Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. W. ,,. Submitted by: Reviewed by: David J. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH*CP*DC*df 13 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 6J REPORT NO.: PSD-019-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Gold Farm/Mutt Enterprises Limited •+ 1.2 Agent: Suncor Energy Products Inc. 1.3 Rezoning: To amend the "Service Station Commercial (C7) Zone" to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses. 1.4 Site Area: 0.4 hectares 2.0 LOCATION 2.1 The subject lands are located at the northwest corner of Baseline Road and Waverly Road South Road at 300 Waverly Road South in Bowmanville (See Attachment 1). The site area totals 0.4 hectares (1.0 acres). The property is located within Part Lot 14, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On December 10, 2003, Staff received applications for rezoning and site plan approval from Suncor Energy Products Inc. on behalf of Gold Farm/Mutt Enterprises Limited to permit the to permit the redevelopment of a gas station with a convenience store in addition to other permitted uses at 300 Waverly Road South in Bowmanville. The site plan application (SPA 2003-060) has been circulated concurrently with the rezoning submitted for approval of the proposed redevelopment scheme. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is relatively flat and has a drainage swale at the north end of the property. The site currently contains a Skylight Donuts kiosk along the south side of the property. The gas pumps and sales kiosk is located in the middle of the site. 4.2 Surrounding Uses: East: Urban residential North: Urban residential West: Car wash and restaurant South: Shell gas station, Tim Horton's/Wendy's restaurants, and Bowmanville Auto Mall .r b'J '� REPORT NO.: PSD-019-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the property "Living Area". Special purpose commercial areas, which permit highway-oriented uses such as gas ~' stations, are permitted within the designation. Since the Clarington Official plan contains the appropriate provisions, the proposal conforms to the relevant policies. 5.2 The Clarington Official Plan designates the property "Highway Commercial". Uses within this designation typically consume larger land parcels, require exposure to traffic, and may require outdoor storage. Section 10.10 of the Clarington Official Plan allows service stations to establish in any urban land use designation. A maximum of two service stations are permitted at any intersection. The application conforms to the policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is currently zoned "Service Station Commercial (C7) Zone", which does not permit the proposed convenience store. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and public meeting notice signs were installed on each of the property's road frontages. 7.2 Two general inquiries have been received on these applications to date. 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Veridian Connections have no objections to the rezoning application. 8.2 The Clarington Engineering Services Department has no objections to the rezoning application provided that an appropriately sized (8.0 metres) road widening is dedicated by the applicant on Baseline Road, all financial securities are received, a permit is obtained for the revised Baseline Road entrance, and all servicing comments are incorporated into the revised site plan drawings. 8.3 Central Lake Ontario Conservation has no objections to the rezoning application. The use of the land for a gas station will necessitate the installation of an oil/grit separator for permanent stormwater quality control. This information must be .. submitted for review prior to site plan approval. �. 61J .r REPORT NO.: PSD-019-04 PAGE 4 8.4 Due to the limited commenting period, comments from the Durham Region Planning Department, Durham Region Public Works Department, Durham Region Police Department, and Ministry of Transportation have not been received to date. iI 9.0 COMMENTS 9.1 The site currently contains the Sunoco gas station with a small building for the attendant, confectionary items and payment, as well as a Skylight Donuts drive- through kiosk. Through redevelopment of this site, the Skylight Donuts kiosk will be removed from the property. Preliminary information indicates that Country Style Donuts will be located in the convenience store. This building will not have a drive-through aisle as part of its operation. Flo 9.2 Under responsibilities delegated to the Municipality for remediation of contaminated sites, where there is possibility of underground contamination, a Phase 1 site assessment is required. If the Phase 1 site assessment determines that the site may be contaminated, a Phase 2 assessment is completed to determine the type and location of contamination. Previous experience with service stations would indicate that a Phase 2 site assessment is necessary. This .r ' work is usually required prior to issuance of rezoning approvals. Since the principle of the use is not being changed from a gas station, the applicant proposes to undertake site investigations during the excavation or preconstruction phase. The Fuels Safety Division of the Technical Standards and Safety Authority governs the remediation of gas station sites. Their protocol covers spills, leaks, and the discovery of petroleum leaks and spills into the environment, both on the property and beyond the property boundary and their restoration. The protocol includes surface and subsurface chemical remediation •• criteria for potable and non-potable groundwater conditions. Having recently dealt with the rezoning of the Shell Canada lands southeast of the subject lands, Staff will impose the same conditions on this application. Staff will ensure that the following requirements are fulfilled prior to the issuance of a building permit. • The applicant must provide satisfactory information to Staff that any on-site contamination is within acceptable limits as defined by the "Environmental Management Protocol for Operating Fuel Handling Facilities — GA1/99, October 2001" as prepared by the Fuels Safety Division of the Technical Standards and Safety Authority. • If the site investigation determines that any petroleum products have travelled beyond the property boundary, all petroleum product contamination beyond the property boundary that has been caused by the applicant's operations must be removed by the applicant to the appropriate standard at its expense. rl n J ,Y x111 REPORT NO.: PSD-019-04 PAGE 5 • Staff will require that a Record of Site Condition be prepared and submitted to the Ministry'of Environment, the Regional Municipality of Durham, and the Municipality of Clarington. 9.3 The applicant has,submitted an application for e plan approval. The following issues will be addressed through this process. 1 • The applicant will be required to prepare an'illumination plan to ensure that •. lighting is at an appropriate level, which will not interfere with surrounding residential uses-and traffic operations on adjacent roadways. The plan must demonstrate that light does not trespass from the site. Furthermore, all aw lighting fixtures in the canopy must be full cut-off fixtures, which do not promote light spread. Any exterior wall-mounted lighting fixtures must also be full cut-off fixtures that are angled downwards. �- • Sufficient road widenings will be taken to ensure that a 36.0 metre minimum road allowance width is achieved both for Baseline and Waverly Roads. • As part of the gateway into Bowmanville, Staff will ensure that the property is attractively landscaped. 10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Interested parties to be notified of Council's decision Marcel Benjamin Suncor Energy Products Inc. 468 Boul. Larochelle Repentigny, QC J6A 5W3 Gold Farm/Mutt Enterprises Limited 4950 Yonge Street, Suite 314 North York, ON M2N 6K1 6 55 ATTACHMENT 1 ' . j J J_�I N ;2 _ STORE "• � i O lot Q GAS _ I D PUMP W OVERHEAD CANOPY LU o W no BASELINE ROAD WEST Bowmanville Key Map CARRUTHERS DR. SQUIRES = C � s gas Subject DR. m Site ZBA 2003-054 ,, �A c+p ROSER ORES. JOHN SCOTT AVE. lwll Z Zoning By-law Amendment .- BASELINE ROAD a 0 0 o m BASELINE � �U = 1�. No ° SQUUARAR E SP Owner: Gold Farm MMCDON/JD U,RTIER Mutt Enterprises Ltd. Clarinaton Leading the Way REPORT PLANNING SERVICES �l Meeting: GENERAL PURPOSE AND ADMINISTRATION OMMITTEE Date: Monday, February 23, 2004 Report#: PSD-020-04 File#: PLN 33.4.6 By-law#: Subject: PORT GRANBY PROJECT COMMUNITY ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-020-04 be received; 2. THAT Council adopt one of the following resolutions: a) THAT the Port Granby Project Community Advisory Committee not be re-established, and the Low Level Radioactive Waste Management Office be requested to consult with the broader Clarington community and the South East Clarington Ratepayers Association; - OR— b) THAT staff be directed to report back to Council regarding an alternative approach to the •• selection of members for the Port Granby Project Community Advisory Committee and any required revisions to the Terms of Reference for the Committee; and 3. THAT a copy of this Report and Council's resolution be forwarded to the Low-Level Radioactive Waste Management Office, Natural Resources Canada, and the members of the former Port Granby Project Community Advisory Committee. Submitted by: Reviewed by: 15a/J. Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer JAS*FL*DJC*df 12 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905) 623-0830 6 �7 ' r REPORT NO.: ,PSD-020-04 PAGE 2 1.0 BACKGROUND 1.1 Mr. Andrew McCreath, the Chair of the Port Granby Project Community Advisory Committee, presented the CAC's 2003 Annual Report at the January 12, 2004 meeting of the General Purpose and Administration Committee. Mr. McCreath noted that the CAC can play a vital role to the success of the Project, but that changes are required to make the CAC more effective. These changes included drawing CAC membership from the broader community, a revised committee mandate, and providing the CAC with its own budget to enable it do independent research on issues related to the clean-up. 1.2 On October 20, 2003, Council received correspondence from Mr. John Stephenson announcing the formation of the South East Clarington Ratepayer's Association (SECRA). The letter also advised Council that SECRA had approved a motion indicating that the proposal to relocate the Port Granby wastes to an engineered mound on the north side of Lakeshore Road was totally unacceptable to SECRA, and .urging the Municipality to pursue an in-situ management option for the wastes. The correspondence was referred to the Director of Planning Services. 1.3 At the February 9, 2004 meeting of the General Purpose and Administration Committee, Mr. Glenn Case, Director of the Port Hope Area Initiative, presented the results of the Alternative Means evaluation conducted for the Port Granby Project. Three concepts for the long term management of the Port Granby wastes were evaluated by the Low Level Radioactive Waste Management Office (LLRWMO). The management concept recommended to the Municipality by the LLRWMO involves the relocation of the P6rt Granby wastes to a new engineered storage mound facility on lands north of Lakeshore Road further away from Lake Ontario. Under this concept, the existing Port Granby Waste Management Facility would be rehabilitated. 1.4 Given the presentation of Mr. McCreath, the creation of SECRA, and the announcement by the LLRWMO of a recommended management concept for the Port Granby wastes, this is an appropriate time to review the need for and structure of the Port Granby Project Community Advisory Committee. 2.0 PORT GRANBY PROJECT COMMUNITY ADVISORY COMMITTEE ..r► 2.1 The legal agreement between Clarington, Port Hope and the federal government regarding the Port Hope Area Initiative allows the municipalities to establish Community +�► Advisory Committees to provide public input on the Project. The mandate and organization of the CAC would be determined by Council, and the federal government would reimburse the Municipality for administrative and consulting costs related to the work of the CAC. The Municipality of Port Hope have not appointed a CAC. 2.2 On October 21, 2002, Council approved the Terms of Reference for a CAC for the Port Granby Project (see Attachment No. 1). This document stated the committee's mandate was to assist the Proponent in communicating with the public about the Port Granby Project and to provide advice to Council that reflects the comments and concerns of Clarington residents. It was further noted that, in performing this function, 6 ,08 .o REPORT NO.: PSD-020-04 PAGE 3 Nor the CAC will be expected to represent the views of both present and future residents of the Municipality and to work cooperatively and in partnership with the Municipality and the federal government to achieve the purpose and objectives of the Project. 2.3 The Terms of Reference stated that the CAC mei4ers were intended to- represent a variety of interests, including agriculture, area residents, education, environment, and local business. Applications for the seven citizen members were invited through newspaper advertisements in accordance with Municipal procedure. However, only eight applications were received, with the result that the CAC was dominated by area .. residents who have been involved with previous initiatives related to the Port Granby waste site. VM 2.4 The CAC met generally on a monthly basis beginning in January 2003 until its AM dissolution in November 2003. Their work included a detailed review of the methodology for identifying and evaluating alternative means and the four technical studies requested by Council related to the management concept endorsed by Council in 1999. The members of the former CAC are to be commended for their faithful attendance at meetings and their diligence in reviewing the technical materials presented to them. 2.5 The CAC has consistently indicated its opposition to the consideration of any management option for the Port Granby wastes that would involve the excavation of the waste. In their 2003 Annual Report, the CAC recommended that only in-situ management options be considered through the Environmental Assessment process. It should also be noted that five of the seven citizen members of the former CAC are also members of SECRA. 3.0 COMMENTS 3.1 In considering whether to re-appoint the Port Granby Project Community Advisory Committee Council should review the intended mandate and structure of the committee in the context of the legal agreement with the federal government and the Terms of Reference for the CAC as originally approved by Council. The benefits and disadvantages for the Municipality of continuing with the CAC as a forum for public .. participation in the Port Granby Project should also be considered. .�. 3.2 The legal agreement requires the LLRWMO to establish a comprehensive communications program in order to provide information to the public and to receive public input on the Port Granby Project, and provides for the Municipality to establish a �. CAC as part of this communications program. The mandate of the CAC, as defined in the Terms of Reference, is to function in a communications and advisory role. In this regard, the CAC is not intended to replace the role of Council and operate as an aw oversight committee for the Project. Any budget provided to the CAC by the LLRWMO is intended to facilitate their communications and advisory activities and not to undertake independent research as s6ugggsted by Mr. McCreath. .. REPORT NO.: PSD-020-04 PAGE 4 3.3 As noted earlier, the Terms of Reference intend the CAC structure to be broad-based and represent a variety of community-interests. However, it would appear .that the ' normal municipal practice of advertising for CAC members may not be the most suitable mechanism for reaching a broader group of community interests. It may be more appropriate to approach specific groups or organizations to ensure that the targeted interest groups are represented on the CAC. These groups could include the Clarington Board of Trade, the ,Durham Nuclear Health Committee, the Ontario Federation of Agriculture, and the University of Ontario Institute of Technology. SECRA would also „r be requested to provide representation on the CAC. This approach could require minor revisions to the Terms of Reference to reflect the change in the membership and structure of the CAC. low 3.4 It should also be noted that the LLRWMO has established ' a comprehensive at communications program for the Port Granby project, and therefore the CAC is not the only forum for the public to provide its input . Should Council choose not to re-appoint the CAC, Staff will work with the LLRWMO to ensure that their communication program M effectively engages both,local residents, including SECRA, and the broader Clarington community. A decision not to re-appoint the CAC will also permit staff and peer review consultants to focus on the review of technical documents and other matters related to the on-going Environmental Assessment process. The LLRWMO is responsible to ensure that full and adequate public consultation is undertaken through the EA. 4.0 CONCLUSIONS 4.1 The Community Advisory Committee was appointed by Council as part of an overall communications strategy related to the Port Granby Project. Given recent developments, Staff is seeking Council's direction with respect to the need for and structure of the Committee. Attachments: •• Attachment 1 - Terms of Reference - Port Granby Project Community Advisory Committee List of interested parties to be advised of Council's decision: Ms. Sharon Baillie-Mato •. Uranium and Radioactive Waste Division Natural Resources Canada 580 Booth Street Ottawa, ON K1A 7K8 Mr. Glenn Case, Director Port Hope Area Initiative Low Level Waste Management Office 5 Mill Street South ' Port Hope, ON L1A 2S6 610 REPORT NO.: PSD-020-04 PAGE 5 Mr. Andrew McCreath 18 Wolseley Street Toronto, ON M5T 1A2 . II Mr. Rupert McNeill I I 4679 Lakeshore. Road i ,.. R.R. # 8 Newcastle, ON L1 B 1 L9 ., Mrs. Jean Payne 4612 Highway# 2 R.R. # 1 .. Newtonville, ON LOA 1 JO Mr. Sarwan Sahota 4665 Lakeshore Road R.R. # 8 Newcastle, ON L1 B 1 L9 r. Mr. Ken Shrives 44 Carveth Crescent Newcastle, ON LIB 1N4 Ms. Barb Spencer •• 4563 Lakeshore Road R.R. # 8 Newcastle, ON, L1 B 1 L9 i i �' � 611 ATTACHMENI 1 .r TERMS OF REFERENCE PORT GRANBY PROJECT COMMUNITY ADVISORY COMMITTEE Background +�+ The Government of Canada and the Municipality of Clarington have entered into a legal agreement committing both parties to work towards developing a local solution for the secure long term storage and management of the low level radioactive waste currently stored at and associated with the Port Granby Waste Management Facility. This process to establish a new waste management facility is known as the Port Granby Project (the Project). The Low Level Radioactive Waste Management Office is the Project Proponent (the Proponent). The purpose of the Project is to clean up and provide appropriate local, long term management of low level radioactive wastes and marginally contaminated soils currently "' located in Clarington that are associated with the existing Port Granby Waste Management Facility. The principal objective of the Project is to manage the wastes in a suitably constructed, environmentally safe, socially acceptable and appropriately controlled facility for at least 500 years. Under the Agreement, the Municipality and the federal government have agreed to work together and to develop and maintain excellent communications and professional working relationships throughout the life of the Port Granby Project in order to attain the highest level of success in the completion of the Project. Both parties also believe that meaningful involvement by residents, businesses and community leaders in the Port Granby Project is important. In order to facilitate effective communications with the public, the Proponent has established a comprehensive communications program and Council is establishing a Community Advisory Committee (CAC), as provided for by the Agreement. Committee Mandate The Community Advisory Committee shall assist the Proponent in communicating with the public about the Port Granby Project, and provide advice to Council on the Project that reflects the comments and concerns of Clarington residents. In performing this function, the CAC will be expected to represent the views of both present and future residents of the Municipality. The members of the Committee shall work cooperatively and in partnership with the Municipality and the Federal Government to achieve the purpose and objectives of the Project. Scope of Activities The Community Advisory Committee, in fulfilling its mandate, shall review matters related to the Port Granby Project referred to the Committee by Council or the Government of Canada, including the Proponent: The Committee may be requested to: 612 Page 2 a) Assist the Proponent in communicating with the general public on the Project; WN b) Receive.and review studies and reports regarding tl�e Project. The Committee shall report regularly to Council with advice and recommendations on matters op being considered by the Committee. Membership and Structure The Community Advisory Committee is a volunteer committee. It shall consist of 7 citizen ," members representing a variety of interests drawn from across the Municipality in order to provide a range of perspectives on the Port Granby Project. Council shall generally seek to appoint members from each of the following groups: agricultural community (1 member) area residents (3 members) • education (1 member) environment (1 member) • industry and local business (1 member). One member of Council and the Durham Region Medical Officer of Health or his designate shall .. also be appointed to sit on the Committee. One member of Clarington staff shall sit on the Committee as a non-voting member. ,.. Given the projected life span of the Port Granby Project and the complex and potentially controversial nature of the issues to be addressed by the Committee, members must be willing to commit the time required to understand and evaluate the information provided, as well as be .. open-minded about listening to various opinions and perspectives on the Project. Openings for membership shall be publicly advertised and all residents of the Municipality are .. eligible to apply. Applicants will submit applications to the Municipality of Clarington Clerk's Department. Members will be formally appointed by Council. The Staff representative on the Committee shall sit as the interim chair. Once the Committee is operating in an acceptable manner, the Committee will select a Chair and Vice-Chair from among its membership. The Chair shall provide leadership to the Committee, ensure that the •- Committee carries out its mandate, and act as the primary liaison between the Committee and Staff, Council and the federal government . Citizen members cannot send delegates or alternates to meetings. The Chair shall advise the Clerk of any member who is absent for three consecutive meetings without reason being given at least 24 hours prior to the meeting, and may request that the member be removed from the Committee. The Chair shall also advise the Clerk of the resignation of any member. Council shall appoint new members to the Committee to fill any vacancies as required. �. 613 .r Page 3 Technical Support Municipal Staff will provide clerical, administrative and technical assistance to the Committee, as well as act as liaison between the Committee and the municipal administration. A facilitator will assist the Chair in ensuring 'that the Committee is succesbful in achieving its mandate. The Municipality's consultants will 'be available to the Committee to assist the' members in �+ understanding the various technical issues related to the Project. Term of the Committee The terms of the Committee shall coincide with the term of Council. At the end of the first phase of the Project (environmental assessment and licensing), Council may review the need for and the mandate of the Committee. Meetings Committee meetings shall be held in the Municipal Administrative Centre. The Committee' shall generally meet a minimum of once per month; however, the Chair may schedule additional meetings or cancel meetings after.,consulting with the other members of the Committee. The Chair shall set the agenda for each meeting in consultation with Staff of the Municipality and the Proponent. A majority of the Committee membership (5) shall constitute a quorum. Decisions'will be carried by a majority of the members present. At the first meeting of a calendar year, the Committee shall meet with Staff and representatives from the Government of Canada to discuss and plan the Committee's liaison work for the year. Reporting to Council The Committee shall report to Council as follows: • The recording secretary shall submit the minutes of all Committee meetings to the .r Municipal Clerk for inclusion in the Council agenda for information; • The Committee shall submit reports or make presentations to Council a minimum of twice per calendar year to provide Council with an update on the Committee's activities and to provide advice and recommendations on various matters related to the Project; All recommendations from the Committee shall be submitted to the Clerk for inclusion in Council agenda for direction. ar Le��ng�he Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIRN COMMITTEE Date: Monday, February 23, 2004 I I Report#: PSD-021-04 File#: S-C-2000-001 i By-law#: ZBA 2000-024 Subject: REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT RESIDENTIAL DEVELOPMENT SYVAN DEVELOPMENTS LIMITED (FOSTER HEIGHTS) Part Lot 29, Concession 2, Village of Newcastle RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-021=04 be received; 2. THAT the application for proposed Draft Plan of Subdivision S-C-2000-001 as amended and submitted by Syvan Developments Limited (Foster Heights) be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions of draft plan approval contained in Attachment 3; 3. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 4 be forwarded to Council for approval; 4. THAT the Mayor and Clerk be authorized, by by-law, to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction of ,,. the Director of Planning Services and the Director of Engineering Services; 5. THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at suchtime that the applicant has entered into a subdivision agreement with the Municipality; 6. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 7. THAT all interested parties listed in this Report and any delegations be advised of Council's decision. b Reviewed `Rr✓� �`� V�� Submitted by: y Davi J rome, MCIP, R.P.P. ranklin Wu, DirecW of Planning Services Chief Administrative Officer ,.. BR/LT/DJC/Id February 13, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON .� 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 _ 6i REPORT NO.: PSD-021-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Syvan Developments Limited 1.2 Applicant/Agent: (same as Owner) 1.3 Rezoning: from "Holding - Urban Residential Type Two ((H)R2) Zone", "Holding - Urban Residential Type One ((H)R1) Zone"and "Urban Residential Type One (R1)Zone"to •• "Holding - Urban Residential Type Three ((H)R3), Zone", "Holding - Urban Residential Type Two ((H)R2) ••� Zone" and "Holding - Urban Residential Type One ((H)R1) Zone" in order to permit the development of the proposed draft plan of subdivision. .. 1.4 Proposed Draft Plan of Subdivision: To permit the development of a 39 unit plan of subdivision consisting of 29 single detached dwellings, 4 semi-detached dwellings, and 6 townhouses. 1.5 Area: 2.324 hectares (5.743 acres) 1.6 Location: The area subject to the proposal is located in Part Lot 29, Concession 2, former Village of Newcastle (see Attachments 1 and 2). The property does not currently have a municipal address although it has 20 metres (66 foot) frontage on Given Road, near the intersection of Given Road and King Avenue West. .r. 2.0 BACKGROUND 2.1 In September 2000, Kiradaar (Ont.) Inc. and 1151677 Ontario Limited (Kiradaar) submitted applications for a draft plan of subdivision and a related zoning by-law amendment. 2.2 The subject property is located in the Foster Neighbourhood within the Newcastle Village Urban Area. The Foster Neighbourhood extends from Highway 401 on the south to Highway 35/115 and the St. Lawrence & Hudson Railway on the north, Foster Creek on the east to Wilmot Creek on the west. A Neighbourhood Design Plan covering the northeastern portion of the neighbourhood has been approved (see Attachment 2). go 6i6 REPORT NO.: PSD-021-04 PAGE 3 2.3 The subject lands are surrounded on three sides by a larger proposed plan of subdivision (18T-89059) submitted by Foster Creek Developments Ltd. and Robert J. Stephenson (Foster Creek Development Group). The Foster Creek Development Group and Kiradaar collaborated in the completion of a Sub-watershed Study for Foster Creek, the Neighbourhood Design Plarh, and an Environmental Impact Study. The latter study assessed the impact of th� two draft plans of subdivision on the natural features in the vicinity including the Foster Creek Valley. The Phase 1 .. Environmental ' Site Assessment for the subject property indicated the environmental conditions were considered to be satisfactory and no significant environmental problems are likely to be present. aw 2.4 A public meeting for the rezoning and plan of subdivision was held on December 11, 2000. Two nearby property owners spoke of concerns with various aspects of �.. the subdivision proposal. One stated townhouses were not compatible with the existing neighbourhood and would negatively impact traffic flows. .•- No one spoke in support of the applications. The agent at that time for the applicants, G.M. Sernas & Associates, advised the w- residents' comments will be taken into consideration and that the applicants will adhere to the municipal requirements. 2.5 In late June 2003, Kiradaar appealed to the Ontario Municipal Board both their plan of subdivision and rezoning applications on the basis that the Municipality has refused or neglected to make a decision on the applications within 90 days of the ' receipt of the applications. 2.6 Kiradaar appealed the enactment of Official Plan Amendment #30 and the zoning amendment on the lands owned by the Foster Creek Development Group. 2.7 The Foster Creek Development Group attempted unsuccessfully to negotiate satisfactory arrangements with Kiradaar regarding the cost sharing of infrastructure and other matters regarding the two developments. However, on January 15, 2003 Syvan Developments Limited agreed to purchase the lands from Kiradaar. 2.8 The sale was finalized January 23, 2004. The Board was notified of the sale and consequently the withdrawal of all four appeals on January 27, 2004. 2.9 Staff Report PSD-014-04 was prepared for the General Purpose and Administration Committee on January 26, 2004 to authorize staff and the solicitor to attend the "' scheduled OMB pre-hearing and to put forward the Municipality's recommended position before the Ontario Municipal Board. In light of the pending sale of the Kiradaar lands, staff requested that Report PSD-014-04 be referred back to staff. REPORT NO.: PSD-021*04 PAGE 4 2.10 On February 2, 2004, the Ontario Municipal Board provided notice that Official Plan Amendment #30 and the Foster Creek Developments Limited Zoning By-law Amendment were now deemed to be in effect as a result of the withdrawal of the related appeals that were before the Board. I , 2.11 On February 2, 2004, the applications for draft �,Ian of subdivision and rezoning affecting the former Kiradaar lands were retured to the Municipality for the •� consideration of Council 3.0 LAND CHARACTERISTICS AND SURROUNDING'USES 3.1 The surrounding land uses are as follows: •+• North: the vacant lands of the eastern portion of the Foster North Subdivision proposal ••� South: the subject property wraps around the Fosterbrooke Long-Term Care Facility, , a two building, 88 bed nursing home, and the subject property abuts three detached dwellings on King Avenue West as well as having frontage on approximately 20 metres of Given Road East: the vacant lands of the south east comer of the Foster North Subdivision proposal and the rear end of a property fronting on King Avenue West West: the vacant lands of the south central portion of the Foster North Subdivision proposal 4.0 OFFICIAL PLAN CONFORMITY 4.1 The Durham Regional Official Plan designates the subject property as Living Area in the Newcastle Village Urban Area. The subject property is adjacent to the Major Open Space System associated with the Foster Creek Valley lands. Since Living Area is to be predominantly used for housing, the application generally conforms. 4.2 The Clarington Official Plan designates the subject property "Urban Residential" being within the Foster Neighbourhood in the Newcastle Village Urban Area. There is a medium density symbol at the eastern limits of the property. Urban Residential lands are to be predominantly used for housing. The application conforms to the policies in the Municipality's Official Plan. The Foster Creek Valley lands are designated Environmental Protection Area and in accordance with Section 4 of the Plan necessitate all adjacent development to ensure their protection through the funding and implementation of an Environmental Impact Study. An Environmental Impact Study and associated Sub-Watershed Plan have been completed. 61 REPORT NO.: PSD-021-04 PAGE 5 .. 5.0 ZONING BY-LAW COMPLIANCE 5.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle zones the •• subject property in part "Holding - Urban Residen�ltial Type Two ((H)R2) Zone", in part (southeast comer) "Holding - Urban Residential Type One ((H)R1) Zone" and in part (southwest comer fronting on Given Road) "Urban Residential Type One �- (R1)Zone". 5.2 The R2 Zone does not permit semi/link dwellings or townhouses and the R1 Zone does not permit 12 metre frontage singles or townhouses, hence the need for rezoning. 6.0 AGENCY COMMENTS -■ 6.1 The application was circulated to various agencies,and other departments by the Planning Services Department. Comments and requested conditions of draft approval received areas follows. 6.2 The Emergency and Fire Services Department had no fire safety concerns. Enbridge Gas Distribution Inc. and the French-language public school board had no objections. 6.3 Veridian Connections noted that except for the Given Road lot electric servicing ® would be from the abutting Foster North Subdivision. Veridian Connections three draft approval conditions are contained in Attachment 3. 6.4 The Kawartha Pine Ridge District School Board required sidewalks on all streets. Otherwise, the board had no objections to the application. 6.5 The Peterborough Victoria Northumberland and Clarington Catholic District School Board required sidewalks and the addition of stop lights and crossing guards at appropriate intersections along King Avenue West to access St. Francis of Assisi Elementary School on Rudell Road south of King Avenue West. 6.6 The Regional Planning Department noted that although the proposal generally conformed to the Regional Official Plan some of the proposed lots were close enough to Durham Highway 2/King Avenue West to warrant a noise report. Due to the proposal's proximity to the Foster Creek Valley, an archaeological assessment would also be required. The submission of a Phase 1 Environmental Site Assessment was also noted. Municipal servicing is to come from the abutting Foster North Subdivision. Appropriate draft approval conditions are contained in Attachment 3. 619 REPORT NO.: PSD-021-04 PAGE 6 6.7 The Ganaraska Region Conservation Authority has been involved in the Sub- watershed Plan and Environmental Impact Studer (E.I.S). The conditions of draft approval (see Attachment 3) contain the necessary conditions to implement the recommendations of the Sub-Watershed Plan and the E.I.S. 6.8 Clarington Engineering Services stated that all of their concerns have been satisfactorily addressed to permit draft approval with the exception of lot grading. All versions of the Preliminary Lot Grading Plan submitted to date do not conform to the Neighbourhood Design Plan and therefore modifications are required including the grading of the boulevard area on the south side of Street A adjacent to the existing nursing home property. It is preferred Syvan Developments Limited obtain permission to complete grading works on the nursing home property. Failing this,, ,r the Department would prefer that the boulevard be graded at a more acceptable ' slope than that originally submitted, as opposed to a retaining wall.,A condition of draft approval, found in Attachment 3, is that the owner agrees to provide-a grading and drainage plan satisfactory to the Director of Engineering Services. Attachment 3 also contains a number of other engineering-related conditions of draft approval. .r 6.9 Bell Canada's comments are contained in three standard conditions of draft approval: satisfactory provisions for underground Bell facilities; the granting to Bell of any required easements for telecommunications services; and written „ agreement with Bell Canada with the owner complying with any underground servicing conditions imposed by the Municipality. It was noted that it was the owner's responsibility to resolve conflicts with existing Bell facilities or easements 100 through relocation or some other rearrangement. 6.10 The Canada Post Corporation, French-language separate school board and the Durham Regional Police Service did not submit any comments on the applications. 7.0 STAFF COMMENTS 7.1 The property is designated for Urban Residential uses and the requisite background studies and Neighbourhood Design Plan have been completed. The proposed plan of subdivision appropriately implements the Municipality's Official Plan policies and the objectives for this portion of the Newcastle Village Urban Area +► and the Foster Neighbourhood. 7.2 Density of Development has been a key issue with this proposal. The Kiradaar -� subdivision application was originally for 47 units. This was unacceptably high given the overall density for the neighbourhood is 10.5 units per hectare. A 2.324- hectare subdivision site with a neighbourhood average density would contain approximately 25 units. In the Neighbourhood Development Plan 37 dwelling units are allocated to this subdivision. The presence of the medium density symbol at the east edge of the property and appropriate transitional densities away from this symbol to the more typical low density of Newcastle Village is the basis for the 12 6 � 0 REPORT NO.: PSD-021-04 PAGE 7 additional units. 39 dwelling units is the largest number of dwelling units Staff can �- support.' 7.3 The Neighbourhood Plan contemplated a land swap with the Fosterbrooke Long .. Term Care Facility so as to create regular and ore efficient lotting on the south side of Street "A". Kiradaar was unwilling or unable to make arrangements with the Long Term Care Facility for a land swap. It has been demonstrated that house models can be located on the two triangular lots (27 and 28) without the necessity of a minor variance. Accordingly, staff has no ,objection to lots 27 and 28 as configured. 7.4 Clarington Finance advises $2,726.17 for taxes is owed for the subject lands. Staff would note, all outstanding taxes are required to be paid through the ' execution of the Subdivision Agreement process. 7.5 In light of the recent sale of the property, a copy of the proposed conditions of draft approval were forwarded to the new owners. Staff has been advised they would have no objections to the conditions of draft approval as contained in this report. 8.0 CONCLUSION aw 8.1 The proposal has been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan, Zoning By-law ' 84-63 and the Foster Neighbourhood Design Plan. 8.2 Based on the comments provided in this Report, staff respectfully recommends that the proposed draft plan of subdivision, conditions of draft approval contained in Attachment 3 and zoning by-law amendment as per Attachment 4, be APPROVED. Attachments: Attachment 1 - Site Location Key Map and Plan of Subdivision Attachment 2 - Neighbourhood Plan Attachment 3 - Conditions of Draft Approval Attachment 4 -Zoning By-law Amendment List of interested parties to be advised of Council's decision: r Gregory P. DeFreitas Engineering Mr. And Mrs. Schmahl 3100 Steeles Avenue West, Suite 500 122 North Street Vaughan, ON L4K 4Y4 Newcastle, ON L1 B 1 H7 .. 62i ar REPORT NO.: PSD-021.04 PAGE 8 a' Kiradaar(Ontario) Inc. David and Pearl Rickard 7 Director Court 80 Given Road - Woodbridge, ON 1-41-4S5 Newcastle, ON L1 B 1 L9 Daniel and Margaret Maskell Bob Stedhenson 320 King Avenue West. Ministry 8f Finance Newcastle, ON 1-113 1 GO 33 King Street West Oshawa,,ON L1 H 8H5 Foster Creek Developments Ltd. 20 Robert Street West, Unit A Jordan Bryce Newcastle, ON L1B 106 G.M. Semas &Associates Ltd. Unit 41 Doug McCurdy 110 Scotia Court 304 King Avenue West Whitby, ON L1 N 8Y7 Newcastle, ON L1 B 1 GO aw 622 .. ATTACHMENT'! 52M MOO 31M am $ 11 12 $ a 24 25 32.00 23 s 1d 13 a 26 32.00 32.00 22 �s ~' I _ ao.00 �. s 9 14 s W 21 8 3zoo $ 2 E_ E- _ 8 15 _ - 20 W 32.00 W BLK 32 W PROPOSED RESIDE 4TAIL 19 DRAFT PLAN 18T— 9059 a' — wr E-+ 33M 3a.00 to 6 17 18 d 27.00 29.00 WAn 80.M 8 � S STREET "H" s STREET A 1200. 12.00 12.00 12. B♦. 22.31 IA00 1A00 18.00 NY2'a3�OT 5 4 3 2 s 27 ,28 29 30 31 g 8 zs.oz iver3yoo 20.32 ar EX. SENIOR BUILDING o L�J N 8 � EX. RESIDE TAIL t 1 30.500 N773120 z e F r i � n �. + eLK o GIN .." RO w Newcastle Key Map Subject m EORG �Q GEOR ST. ZBA 2000-024 �- bje T. WE5 Zoning By-law Amendment WILMOT GIVEN R ST. J °q0 z S-C-2000-01 q22 KI NG AVE. Z m KIN LILLIAN CRES. Draft Plan of Subdivision W o EAST � y EMI ST. o Z EST w w�� CREEK DRIVE c OLI Qp 2 0 E° � CRE EST W W No w�0 � m EDWA y Owner: Syvan Developments Limited 0 ST. W. 2r DONCASTER T E 0: W n fu LEGEND NEIGHBOURHOOD BOUNDARY ARTERIAL ROAD �- COLLECTOR ROAD .' SIDEWALK TRAIL ••.a.. GRADE SEPERATED TRAIL CROSSING * POSSIBLE FUTURE TRANSIT STOPS 3g Elas 15.Om SINGLE DETACHED -( _ El 13.5m SINGLE DETACHED ON&<. El 12.Om SINGLE DETACHED x\0,9 01 1 J L J Fl 10.0m SINGLE DETACHED El 18.Om SEMI DETACHED / ^ -�l� ( I LLd± El 8.0m STREET TOWNHOUSE APAR7MENTS/BLOCK TOWNHOUSES (� G''��n'a r' . r�l U M E O E Y E l O/N E N T 4- - INFILLAREAS NEIGHBOURHOOD COMMERCIAL 'i UTILITIES ® INSTITUTIONAL I f T71 "I-� i i PUBLIC ELEMENTARY SCHOOL I - P PARK - �' S �)-T-TT T71-17 OPEN SPACE 1\ 1 T ' STORM WATER A 1"J f 41 Tf f � t– "I— {– MANAGEMENT FACILITY / /�. L_LL +- ® PLAN REGISTERED i 1-f ITj,T- ;- DRAFT PLAN APPROVED E- i= uny-'statistics i } -- sy oa,.d u.om tt ,,o.D.txhad 17.7m 39 Ingl.D.taehW 15.Om 113 9 152 .mi_D.toch.d 20.Om 1 0 20 0 20 I I r m 05 ---- J Aoa.tm..t. o o o rwbtotat 0 0 0 its 605 s 61a t 'I Ills -Now 00000oN. "a UP-1111111111 21111111110 00000000000 millillimm .00000000000, 21111111110 .00000000000, O _ I ATTACHMENT 3 CONDITIONS OF DRAFT APPROVAL DRAFT PLAN OF SUBDIVISION S-C-2000-01 1. That this approval applies to draft Plan of Subdiv ion S-C-2000-01 and the Owner shall prepare the finial plan on the basis of a roid draft Ian of - = pp p subdivision S C 2000-01, prepared by Gregory P. DeFreitas Engineering identified as drawing number DP-1 dated, as revised, November 25, 2003, which illustrates 29 single detached dwellings,4 semi-detached dwellings, a,block for 6 townhouses and two roadways. 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. r.. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington and the named streets shall be shown on the final plan. 4. Prior to final approval', a's" ubdivision agreement must be executed for the Foster North Subdivision (18T-89059), or alternate servicing arrangements have been made to the satisfaction of the Regional Municipality of Durham. 5. The Owner shall satisfy all requirements, financial and otherwise of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 6. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Municipality of Clarington, for review and approval, and that, the Draft Plan of Subdivision S-C-2000-01 must have regard for the recommendations in the Tree Preservation Plan. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 8. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be .. developed by more than one registration. Conditions of Draft Approval S-C-2001-001 Page 1 - 625 .rr 9. That any existing sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in .. relocation and abandonment of these services shall be bome by the Owner. 10. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 11. The Owner shall apply to the Municipality of Clarington and obtain area municipal ••• approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 12. The Owner shall submit the following information to the Municipality of Clarington ' for approval prior to registration: i) a grading and control plan; ii) a geotechnical soils analysis;and iii) a siting and architectural design report and implementing site plans and architectural drawings. +■ 13. The Owner shall submit to the Regional Municipality of Durham for review and approval, a noise report prepared by an acoustic engineer, based on projected aw traffic volumes provided by the Region's Planning Department, recommending any necessary noise attenuation measures. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval , of the plan. 14. The Owner shall engage a qualified professional to carry out a cultural heritage resource. assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and Operations Group of the Ministry of Culture. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Regulatory and Operations Group of the Ministry of Culture. 15. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. Wo .o Conditions of Draft Approval S-C-2001-001 Page 2 62 .6 a* 16. Prior to entering into a subdivision agreement, the Regional Municipality of Durham — shall be'satisfied that adequate water pollution control plant and water'supply plant capacities are available to the proposed subdivision. 17. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the f unicipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 18. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the ' Development Charges Act, 1997. b) The Owner agrees to fulfil the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of Engineering Services. c) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ganaraska Region Conservation Authority. d) The Owner agrees to advise the Ganaraska Region Conservation Authority 48 hours prior to commencement of grading or the initiation of any on-site works. e) That the Builder include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. f) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: "Students from this area may have to attend existing schools. Although a school site has been reserved within an abutting plan of subdivision; a school may not be built for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school." g) The Owner agrees to post the standard approved "Notice to Parents: identified in Condition 18 f) in all sales representation centres. h) The Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 13. 19. Development of this subdivision cannot proceed until such time as adjacent draft plan of subdivision 18T-89059 has been approved and the works within 18T-89059 i` Conditions of Draft Approval S-C-2001-001 b % Page 3 Im r draft plan have been,constructed in p manner that will support development of the subject lands. This shall include but not be limited to the following: a) A road network that connects the subject development to Highway No. 2 or to North Street. If the connection is m de to Highway No. 2, this shall. include construction of the collector st eet that runs north' from the intersection of Highway No. 2 and Massley Drive. If the connection is made to North Street this shall include the construction of the Grady Drive bridge connection and a functional road connection between North Street and Street B within the subject neighbourhood. b) Extension of all urban services including sanitary sewers, storm sewers, watermains, utilities, sidewalks and street illumination. This shall include works both internal and external to draft plan 18T-89059. c) Construction of a Stormwater Management Facility proposed in the adjacent development. The required SWM facility and,the Block containing the facility must be adequately sized to accommodate the needs of the entire contributing area. 20. All utilities such as hydro, telephone and cable television within the streets of this development must be installed underground for both primary and 'secondary. services. 21. Portions of Given Road may require upgrades or improvements in conjunction with other developments. The necessary upgrades or improvements may include but not be limited to pavement widening, reconstruction, storm sewers, urbanization, sidewalks, illumination etc. Further discussion of this matter will be required. 22. A 4.0 metre road widening must be dedicated to the Municipality on Given Road. ••� 23. The number of external accesses that are available to service this development through the draft plan of subdivision to the north and west restrict the timing of this draft plan. Development of any portion of the draft plan will require an appropriate number of external road accesses to be constructed. The timing of the availability of building permits in the subject development will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 24. The storm water drainage works and facilities necessary for this development must be constructed in accordance with the Foster Creek Subwatershed Planning Study, dated September 2000, prepared by Gartner Lee and as finally approved by the Director of Engineering Services. 25. The Owner agrees to provide a grading and drainage plan to the satisfaction of the Director of Engineering Services. The Owner must modify the Grading Plan to indicate the proposed entrance and driveway location for all comer lots. The Conditions of Draft Approval S-C-2001-001 - 628 Page 4 .ri , r proposed entrances must conform to all'current zoning requirements. Any future dwellings constructed on corner lots within the subject draft plan must have entrances, driveways and garages that are compatible with the required plan. Kinked driveways will not be permitted. The final locations are subject to the approval of the Director of Engineering Services' rior to the approval of this draft, plan. I� 26. The Owner agrees to provide an erosion and sediment control plan to the satisfaction of the Director of Engineering Services., 27. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 28. That all works and services must be designed and constructed in accordance with the.Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 29. That the Owner meets all the requirements of the Engineering Services Department, financial or otherwise. 30. The Owner acknowledges and agrees that subject to the results and findings of all required reports, studies and supplementary information, additional comments may .w be applicable. 31. That the Owner shall pay to the Municipality at the time of execution of the subdivision agreement, cash-in-lieu of parkland dedication for residential development. 32. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 33. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 34. That prior to the issuance of building permits, access routes to the subdivision must ... be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Conditions of Draft Approval S-C-2001-001 b Z - Page 5 ' ern Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the,Ontario Fire Code. 35. That the Owner shall adhere to architectural control requirements of the Municipality. 36. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 37. The Owner agrees that no residential units shall be offered for sale to the public on, said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Director of Planning Services. 38. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until. the architectural .. control guidelines for the development and the exterior architectural design of each building and location of the building on the lot has been approved by the. Municipality of Clarington. 39. That the Owner shall be 100% responsible for the construction of a 1.8 m high wood privacy fence along the south property line of the subject, east of the Massey Drive extension where such property line abuts a lot with an existing residential dwelling. 40. That the Owner supplies on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 41. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality, of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 42. Prior to commencement of any grading or construction on site or final registration of the plan, the Owner shall submit and obtain approval of the Ganaraska Conservation Authority (GRCA)for reports, consistent with the recommendations of the Foster Creek Sub-watershed Study and Environmental Impact Study prepared by Gartner Lee, describing the following: a) a detailed stormwater management plan which outlines the intended means of controlling stormwater runoff in terms of quantity, frequency and duration of all events up to and including the regional storm; Conditions of Draft Approval S-C-2001-001 UJ` Z O Page 6 wr b) the intended means of conveying, stormwater flows from the site,,including •,. the location and design of water quality and quantity controls using stormwater management techniques outlined in provincial guidelines; c) an assessment of'the major and minor flow systems, identifying pre and post construction volumes, depths, velocities, oints of discharge and proposed methods for,outlet treatment; and d) an Erosion and Sediment Control Plan detailing the means by which erosion �- and sedimentation and their effects will be minimized on the site during and after construction in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of aw solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act e) site grading details, including pre-development, staged and final scenarios: �Q- f) requirements for the long-term maintenance of all proposed erosion and stormwater facilities and construction details relating to these conditions. am 43. That the Owner satisfies all the conditions of the Ganaraska Region Conservation Authority, financially or otherwise. v. �- 44. A Servicing Agreement must be signed with Veridian Connections in order to obtain servicing for this site. r- 45. Prior to obtaining a building permit, the Applicant shall, by agreement, confirm acceptance of the terms and conditions of providing electrical service. �. 46. That the Owner satisfies all the conditions of Veridian Connections, financially or otherwise. 47. Bell Canada shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground and a copy of such confirmation shall be forwarded to the Municipality. 48. The Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant ,to Bell Canada any easements that may be required for telecommunications services. 49. The Owner shall be requested to enter into an agreement with Bell Canada complying with any underground servicing conditions imposed by the Municipality. 50. If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for rearrangements or relocation. 51. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: Conditions of Draft Approval S-C-2001-001 63 1 Page 7 J a) The Regional Municipality of Durham, how Conditions 3, 4, 5, 8, 9, 10, 13, 14, 15, 16, and 41 have been satisfied; b) The Ganaraska Region Conservation Authority, how Conditions 42 and 43 have been satisfied; c) Veridian Connections, how Conditions 44, 45, 46 has been satisfied; and d) Bell Canada, how Conditions 47, 48, 49, 50 have been satisfied. Conditions of Draft Approval S-C-2001-001 632 Page 8 � ,. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT # 4 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 I 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 Municipality of Clarington for ZBA 2000-024; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: , n,... 1. Schedule"5"to By-law 84-63, as amended,is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Type Two((H)R2)Zone" ,Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Urban Residential Type Three((H)R3)Zone" "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding - Urban Residential Type One((H)R1)Zone" "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding - Urban Residential Type Three((H)R3)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 Section 34 of the Planning Act. 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, Clerk 633 This is Schedule "A" to By-law* 2004- , passed this day of , 2004 A.D. \ \ \ ,3, \ \ _ _ DRAFT PLAN IST-19060 6\ PROPOSED RES \ \ \ \ \\ \\ DRAFT PLR 1 STREET "H" \ \ \ \ Na i W \ \ \\ LOT 29 U ... \ z p \ U ' \ SMOR HUBMID 1 \ a� \ "� RaRm ar zf. a� ® ZONING TO REMAIN "(H)R2" ® Zoning Change From "(H)R1"To"(H)R2" ONE John Mutton, Mayor ® Zoning Change From "(H)R1"To"(H)R3" ® Zoning Change From "(H)R2"To "(H)R1" Zoning Change From "(H)R2"To "(H)R3" ,Patti L. Barrie, Municipal Clerk. rl! II � q GEORGE ST.W.,� GEORGE II Subject Site WILM T CIyEW RD. I. AVENUE WEST KING AVENUE WEST KINGA LIWAN CRES. UT. W. ST. E. °� FOSTER CREEK DR. Ci o o CRfS. � CAROLINE SJ. W. Si. E. Q A 4 EDWARD( ST. W.W. P p C A V C c EDWARD Si. W. E. DONCASTER CRES. G EDWARD ST. W. 'F 1 gin$ Newcastle 6 3 LeQa��g the Way REPO RT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2004 Report#: PSD-022=04 FILE #: PLN 31.5.5 By-law# Subject: BROOKHILL NEIGHBOURHOOD DESIGN PLAN Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: r. 1. THAT Report PSD-022-04 be received; 2. THAT staff be authorized to prepare a Secondary Plan for Brookhill Neighbourhoodand request proposals from consultants and report back to Council when considered appropriate; 3. THAT a new urbanist approach be investigated for the design of the Brookhill Neighbourhood; 4. THAT the Brookhill Neighbourhood Secondary Plan Study Area incorporate all the lands identified on Attachment 1 including lands designated as Future Urban Residential; and 5. THAT no additional Neighbourhood Design Planning Studies commence in 2004. y` Submitted by: 4U�11�� Reviewed by: _ D vid VCrome, M.C.I.P., R.P.P. Fr kin Wu, Director of Planning Services Chief Administrative Officer CS/HB/CP/DJC/df 18 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 -. r 63J REPORT NO.: PSD'022 04 PAGE 2 1.0 BACKGROUND 1.1 The Brookhill Neighbourhood, as identified in ,the Clarington Official Plan, is .r generally located north of King Street/Durham Region Highway No.2, west of the Bowmanville Creek, south of the future Longworth Avenue extension, and east of the west limits of the Bowmanville urban area boundary (Attachment 1). The neighbourhood abuts the north limits of the West,Bowmanville Main Central Area and Highway Commercial Area west of Green Road. 1.2 In October 2002, Aquafor Beech was awarded the contract for conducting the Brookhill Subwatershed Study. Preparation of a subwatershed study as a precursor to development by plan of subdivision is a requtremerlt of the Clarington Official Plan. The purpose of the study is to establish a framework for stormwater management, identify natural features to be protected and suggest mitigative measures where impacts,to natural features are predicted. This study is coordinated by Staff but paid for by three large landowners within the study area. In November 2003 the first phase of the study was completed and.. presented at a public information centre. 1.3 Phase 1 of the study identifies the existing environmental conditions, evaluates the natural features and functions and develops constraint mapping identifying developable lands, non-developable lands, and lands requiring environmental mitigation before development can occur. Phase 2 of the study evaluates alternative subwatershed management strategies. A recommended subwatershed plan will be proposed in Phase 3 and in the last phase (Phase 4) an implementation plan will be developed. Phase 2 is currently underway and it is anticipated that the study will be completed in early summer 2004. 1.4 The Neighbourhood Design Plan process is scheduled to commence in 2004 with the completion of the sub-watershed study. The purpose of this report is to: a) Recommend that a secondary plan be undertaken for the Brookhill Neighbourhood Study Area; b) Modify the current approach to neighbourhood planning for the Brookhill Neighbourhood by having the Municipality undertake the lead role; c) Recommend that the neighbourhood boundaries be extended for the Brookhill Neighbourhood Planning process in recognition of the watershed study boundary, cost-efficiencies in the planning process and in preparation for the Official Plan update; d) Recommend that the Brookhill Neighbourhood be planned utilizing the principles of new urbanism; b 3 �• REPORT NO.: PSD-022-04 PAGE 3 e) Recommend that no additional neighbourhood planning exercises commence in 2004. 2.0 NEW URBANISM 2.1 What is New Urbanism? New urbanism is a response to the patterns of sprawl that have developed in the post war period. Using different names such as "traditional neighbourhood development", "transit-oriented development" and "Neo-traditional planning", new urbanism is an attempt to restore the traditional urban elements to the planning of neighbourhoods. The Congress on New Urbanism adopted a Chartenwhich is contained in Attachment 2 to this Report. New urbanism can be applied at a variety of scales from a regional or municipal wide approach, down to a neighbourhood, street or building level. The principles as they relate to neighbourhoods, streets, and buildings can be appropriate for the overall development of the Neighbourhood Design Plan for the Brookhill Neighbourhood. The following key elements of New Urbanism will be examined '• through the Neighbourhood Design process for their applicability: Traditional Neighbourhood Structure • Discernable centre and edge for the neighbourhood; • Public buildings and space at centre; • Importance of quality public realm including smaller parks as community focal points; and • Contains a range of uses and densities within 5-minute walk. Connectivity • Interconnected street grid network which disperses traffic and makes walking safe and easy; • A hierarchy of narrow streets, boulevards, and alleys; • High quality pedestrian network and public realm makes walking pleasurable; and • Integrated use of open system and trail networks. ,r Mixed-Use & Diversity • A mix of homes, apartments, shops and offices, within neighbourhoods, within blocks, and within buildings, which encourages a diversity of people of various ages and incomes. • A range of housing types and sizes providing for a variety of prices. - 63 / .r REPORT NO.: PSD-022-04 PAGE 4 Quality Architecture & Urban besign • Emphasis on beauty, human comfort, and creating a sense of place; Special placement of civic uses and sites within community. Human scale architecture' and beautiful 'surroundings; I i • Creation of a community identity including gsteway treatments; and Parking lots and garage doors rarely front the street. Smart Transportation • A network to connect neighbourhoods; and • Transit supportive land uses and building design. Sustainability • Minimal environmental impact of development and its operations; • Eco-friendly technologies, respect for ecology and value of natural systems; and • Energy efficiency. 2.2 Where is New Urbanism being applied today? New, urbanism is still relatively new but has attracted a lot of attention in recent years. A recent report identified nearly 500 neighbourhood scale projects that had been completed, under construction or in the planning stage in the United States. About half of the new urbanist projects in the United States are Greenfield projects and the rest are infill projects. More important, it is becoming less of a distinct category but is influencing a lot of development with hybrid models making some elements less distinguishable as a category. In Canada, new urbanism is also growing. There have been new urbanist projects across the country, most notably in British Columbia, Alberta and Ontario'. Both Markham and Oakville have adopted new urbanism as their fundamental approach to planning new communities. Markham now has six new .. urbanist neighbourhoods planned and developing. 2.3 Why use a New-Urbanist approach for Brookhill Neigbhourhood? •+ Brookhill will be one of the most significant development areas in the Municipality over the next twenty years. Brookhill is located on the north limits of the West -� Main Central Area and will be the site of the new Bowmanville High School. In many ways, it is separated from other parts of Bowmanville by the Bowmanville Creek. There is the opportunity here to create a significantly distinct place, something different from the traditional suburban residential patterns of the last 15 years. .n 630 REPORT NO.: PSD-022-04 PAGE 5 The.emerging West Main Central Area provides the opportunity for close ties to a strong commercial town centre, recreational faciliities and a transit hub. Making �- the connections between residential community tart e Brookhill and the West Main Central Area will be'important to implementing a growth policy. The benefits of implementing a New Urbanism approach for development goes beyond creating anaesthetically pleasing environment and a neighbourhood with a unique character. Implementing the elements of new urbanism can provide economic, social and environmental benefits. A key principle of New Urbanism is obtaining a mix in the form and type of development within a neighbourhood', providing a variety of housing types and housing prices. The economy of land use inherent with a new urbanism approach can result in better-utilized infrastructure and more efficient public transit system leading many to advocate new urbanism as a "smart growth" alternative to sprawl. 2.4 Issues to be Addressed Some new urbanist ideas have met resistance from various sectors and there are issues that would need to be addressed in the context of the study. In particular, -over the years, Engineering Services staff have expressed reservations regarding some elements of the new urbanist approach, specifically the use of rear lanes and the reduction"of road widths, both in terms of right-of-ways and the paved area. In exploring a new urbanist approach at this time, the Municipality can learn " from the experiences of other Municipalities and address issues related to road design and servicing alternatives. 3.0 NEIGHBOURHOOD DESIGN PLAN PROCESS 3.1 The Clarington Official Plan provides that secondary plans are not required for any residential neighbourhood unless specified by Council. Given that Planning staff is recommending a departure from the traditional approach to neighbourhood design, specifically that a new urbanist approach be explored for the Brookhill Neighbourhood, it is recommended that the neighbourhood planning approach include the preparation of a secondary plan. 3.2 The Clarington Official Plan provides that "prior to the consideration and approval .. of a plan of subdivision, the Municipality shall generally require the preparation of a neighbourhood design plan to the satisfaction of the Municipality in consultation with other agencies." A neighbourhood design plan provides a general development plan of an entire neighbourhood and includes road alignments, sidewalks, trails, and transit, lotting pattern, school, park, open space system and stormwater management facilities. r 639 w REPORT NO.:. PSD-022-04 PAGE '6 3.3 The difference between a Secondary Plan and a Neighbourhood Design Plan is that the former is adopted .as a policy document under the Planning Act. A Neighbourhood Design Plan focuses on design and servicing issues for the area and does not have any statutory authority. 3.4 Best "Practices from other municipalities indicate that generally neighbourhood design plans and/or secondary plans are undertaken through a municipally-led process. In many cases, the development interests fund at least a portion of the planning studies. 3.5 It is recommended that the Municipality commence the preparation of a Secondary Plan for Brookhill Neighbourhood which incoroporateg the necessary elements of the Neighbourhood Design Plan process as outlined in the Official Plan. A draft scope of work is contained in Attachment 3 and will be utilized to prepare a Request for Proposals. All studies, reports or plans prepared by landowners within a neighbourhood will continue to form part of the background information. In addition, all major landowners would be-stakeholders and full participants throughout the study process. 4.0 EXPANSION OF THE BROOKHILL NEIGHBOURHOOD PLANNING STUDY AREA 4.1 Brookhill Neighbourhood as defined in the Official Plan extends generally north of the Bowmanville West Main Central Area to Longworth Avenue. (see Attachment 1) 4.2 Additional lands are proposed to be included in the Study Area to make the planning process cost-effective and to co-ordinate with the sub-watershed planning process. The additional lands proposed to be included are: ... a) the portion of Knox Neighbourhood north of Longworth Avenue between Regional Road 57 and the Bowmanville Creek b) the Future Urban Development lands between the future Longworth Avenue extension and Nash Road, west of Regional Road 57. These lands would be considered for redesignation in the context of the pending review of the Clarington Official Plan. 4.3 The expanded Brookhill Neighbourhood Study Area would comprise 300 ha (750 acres). The north-west corner of the Study Area includes a portion of the Maple Woods Wetland Complex which has recently been identified by the Ministry of Natural Resources as provincially significant. 6 40 r REPORT NO.: PSD-022-04 PAGE -7 5.0 OTHER NEIGHBOURHOOD DESIGN PLANS 5.1 The preparation of Neighbourhood Design Plans is a requirement prior to the consideration of any plan of subdivision. In 2003, the Foster East Neighbourhood Design' plan was completed, allowing for the approval of two plans of subdivision in Newcastle Village. The Brookhill Neighbourhood Planning process commenced with the initiation of a subwatershed plan in 2003 and this report ow deals with the next step in the preparation of a neighbourhood plan. There are landowners in both Bowmanville and Courtice who wish to commence" — neighbourhood planning studies. The commencement of any additional neighbourhood planning studies will negatively impact staffs abitity to 'complete Council's priority objectives — a new Zoning By-law and the review of the Clarington Official Plan. 5.2 The primary municipal concern with the timing of new neighbourhood planning studies would be to ensure an adequate supply of housing. The Official Plan requires a minimum 3 year supply of approved development lots. The following chart illustrates the draft approved and the registered un-built lots available as of July 1, 2003, within the urban areas of Courtice, Bowmanville and Newcastle Village, excluding Wilmot Creek Retirement Community. Draft Approved and Vacant Lots July 1, 2003 Total Draft Total Vacant Total Lots Approved Lots Registered Lots Courtice 1892 71 1963 Bowmanville 3757 275 4032 Newcastle Village 1249 39 1288 Total 6898 385 7583 Since this date, additional supply of 665 new units has been added to Newcastle Village through the approval of plans of subdivision by Foster Creek Developments and Syvan Developments (the former Kiradaar site). Based on recent development activity, the existing lot inventory would provide for a 9 - 12 year supply of new residential units. Therefore the supply of available lots is still well in excess of the 3 years required to be maintained by the Clarington Official Plan. - 64i .r REPORT NO.: PSD-022-04 PAGE 8 5.3 It is recommended that based on the existing inventory of lots and the commitment of staff to other priorities, no aydjtional neighbourhood planning studies, including the prerequisite subwatershe tudies commence in 2004 and' possibly 2005. 6.0 FUNDING THE NEIGHBOURHOOD PLANNING STUDY 6.1 The Clarington Official Plan provides for Neighbourhood Design Plans to generally be prepared by development propoenents within a Neighbourhood: The practice has been that the major landowners collaborate or in some cases one major landowner,undertakes the entire exercise in the interests of expediting consideration of their particular plan of subdivision. The consultant is selected and retained by the developer or development group and the participating development interests pay 100% of the costs. 6.2 This report is recommending that the Municipality lead the planning process for this Neighbourhood but it is recognized that there are financial limitations on the Municipality to undertake this work. If Council authorizes the neighbourhood planning approach outlined in this report, staff will contact the major development interests with respect to joint funding of the Neighbourhood Planning Study. Since development cannot proceed without the preparation of a Neighbourhood Design Plan, it is anticipated that the development interests would support and fund such a Study. Staff will report back on the funding arrangements. 7.0 CONCLUSION 7.1 The Brookhill Subwatershed Study is expected to be completed in the second quarter of 2004, and at least three of the landowners within the study area have expressed an interest in proceeding with applications for plan of subdivision. As a result it is recommended that: • the Municipality undertake the preparation of a secondary plan and neighbourhood design plan for Brookhill Neighbourhood. • New Urbanism be explored as the design philosophy for the Brookhill `o Neighbourhood. • the Secondary Plan Study be municipally-led with funding from both the no Municipality and development interest within the Neighbourhood. • the Brookhill Neighbourhood Study Area be expanded in accordance with Attachment 1 to this Report go If Council approves the initiation of this Study, staff will be seeking funding commitments from the development interests in the area and developing a request for proposals. Staff will report back when appropriate to keep Council informed of the progress. r 642 rr , REPORT NO.: PSD-022-04 PAGE 9 7.2 Given the existing inventory of'draft approved lots and the commitment of staff to other priorities, it is recommended that no additional neighbourhood planning studies, including the prerequisite subwatershdd study, be initiated in 2004 until the completion of'the new Zoning By-law. I Attachments: Attachment 1 - Brookhill Neighbourhood Study Area Attachment 2 - Character of the New Urbanism Attachment 3 - General Scope of Work for Brookhill Neighbourhood Secondary Plan r 643 MW WA A ®®MAMA,'► ®®� ®®I►X®®®'®®®I ►�® ®®'►®®®► ®'®®��'►®® . ►®®�'®® a►®®WE WA I®►�®®'®®® ®® .WA WA ® ► ®►iP®® ® ®'1►®®1►®®® owmanville IQ MA ► ® ' 0 41w-Wil WA,R ®®®®' 11111► �'t\e ®®�a►®�®� ®®®�® ®®®O®®®►4 ®v ®®®'®MA MA®®®a►� ®®® -- nunu� ®®► '►®®®1 ®® ►®®®'fie®®�®_O�®o1 ®®�®®®dv�® , ���lu� ®®� a®®®®�,®1►� . . i�®®®®®®�®®►I } Extension / Fri , -- Rr == ® f + woo j ��.®� �• ��1«��J� :S - ✓ .� � ►, C=entr I Area NO MA IMP r.':i"r. I • ENS g- .w s A I I ACHMENT 2 CHARTER OF-THE NEW URBANISM THE CONGRESS FOR THE NEW URBANISM views disinvestment in central cities, the spread of placeless sprawl, increasir�separation by race and income, environmental deterioration, loss of agncultlyral lands and wilderness, and M. the erosion of'society's built heritage as one interrelated community-building challenge. _ WE STAND for the restoration of existing urban centers and towns within coherent metropolitan regions, the reconfiguration of sprawling suburbs into communities of real neighborhoods and diverse districts, the conservation of natural environments, and the preservation of our built legacy. WE RECOGNIZE that physical solutions by themselves will not solve social and economic problems, but neither can economic vitality, community stability, and environmental health be sustained without a coherent'and supportive physical framework. r WE ADVOCATE the restructuring of public policy and development practices to support the following principles: neighborhoods should be diverse in use and p6pulation; communities'should be designed for the pedestrian and transit as well as the car; cities and towns should be shaped by physically,defined and universally accessible public spaces and community institutions; urban places should be framed by architecture and landscape design that celebrate local history, climate, ecology, and building practice. _ WE REPRESENT a broad-based citizenry, composed of public and private sector leaders, community activists, and multidisciplinary professionals. We are committed to reestablishing the relationship between the art of building and the making of community, through citizen-based participatory planning and design. WE DEDICATE ourselves to reclaiming our homes, blocks, streets, parks, .. neighborhoods, districts, towns, cities, regions, and environment. We assert the following principles to guide public policy, development practice, urban planning, and design: - 645 The region: Metropolis, city, and town 1. Metropolitan regions are finite places with geographic boundaries derived from topography, watesheds, coastlines, farmlands, regional parks, and river basins. The metropolis is made of multiple centers that are cities, towns, and villages, each with rw its own,identifiable center and edges. 2. The metropolitan region is a fundamental economic unit of the contemporary world. Governmental cooperation, public policy, physical,planning, and economic strategies must reflect this new reality. ' w 3. The metropolis has a necessary and fragile relationship to.its agrarian hinterland and natural landscapes. The relationship is environmental, economic, and cultural. Farmland and nature are as important to the metropolis as the garden is to the house. 4. Development patterns should not blur or eradicate the edges of the metropolis. Infill development within existing urban areas conserves environmental resources, economic investment, and social fabric, while reclaiming marginal and abandoned areas. Metropolitan regions should develop strategies to encourage such infill development over peripheral expansion. 5. Where'appropriate, new development contiguous to urban boundaries should be organized as neighborhoods and districts, and be integrated with the existing urban pattern. Non contiguous development should be organized as towns and villages with their own urban edges, and planned for a jobs/housing balance, not as bedroom suburbs. 6. The development and redevelopment of towns and cities should respect historical patterns, precedents, and boundaries. 7. Cities and towns should bring into proximity a broad spectrum of public and private uses to support a regional economy that benefits people of all incomes. Affordable housing should be distributed throughout the region to match job opportunities and to avoid concentrations of poverty. 8. The physical organization of the region should be supported by a framework of transportation alternatives. Transit, pedestrian, and bicycle systems should maximize access and mobility throughout the region while reducing dependence upon the automobile. 9. Revenues and resources can be shared more cooperatively among the .r municipalities and centers within regions to avoid destructive competition for tax base and to promote rational coordination of transportation, recreation, public services, housing, and community institutions. r 64 The neighborhood, the district, and the corridor. 1.The neighborhood, the district, and the corridor are the essential elements of —• development and redevelopment in the metropolis. They form identifiable areas that encourage citizens to take responsibility for their maintenance and evolution. .. 2. Neighborhoods should be compact, pedestrian friendly, and mixed-use. Districts generally emphasize a special single use, and should follow the principles of neighborhood design when possible. Corridors are regional connectors of neighborhoods and districts; they range from boulevards and rail lines to rivers and parkways. 3. Many activities of daily living should occur within walking distance. allowing independence to those who do not drive, especially the elderly and the young. interconnected networks of streets should be designed to encourage , walking, reduce the number and length of automobile trips, and conserve energy. 4. Within neighborhoods, a broad range: of housing types and price levels can bring people of diverse ages, races, and incomes into daily interaction', strengthening the personal and civic bonds essential to an authentic community. 5. Transit corridors, when properly planned and coordinated, can help organize metropolitan structure and revitalize urban centers. In contrast, highway corridors should not displace investment from existing centers. 6. Appropriate building densities and land uses should be within walking distance of transit stops, permitting public transit to become a viable alternative to the automobile. 7. Concentrations of civic, institutional, and commercial activity should be: embedded in neighborhoods and districts, not isolated in remote, single-use complexes. Schools should be sized and located to enable children to walk or bicycle, to them. "r 8. The economic health and harmonious evolution of neighborhoods, districts, and corridors call be improved through graphic urban design codes that serve as predictable guides for change. 9. A range of parks, from tot-lots and village greens to ballfields and community gardens, should be distributed within neighborhoods. Conservation areas and open .. lands should be used to define and connect different neighborhoods and districts. 64 The block, the street, and the building. ' 1. A primary task of all urban architecture and landscape design is the physical definition of streets and public spaces as places of shard use. 2. Individual.archite'ctural projects should be seamlessly linked to their surroundings. This issug transcends style. 3. The revitalization of urban places depends on safety and security The design of streets and buildings should reinforce safe environments, but not at the expense of accessibility and openness.' 4. In the contemporary metropolis, development must adequately accommodate automobiles. It should'do so in ways that respect the pedestrian and the form of public space. ., 5. Streets and squares should be safe, comfortable, and interesting to the pedestrian. Properly configured, they encourage: walking and enable neighbors to know each other and protect their communities. �. Architecture and landscape: design should grow from local climate, topography, history, and building.practice. 7. Civic buildings and public gathering places require important sites to reinforce community identity and the culture of democracy. They deserve distinctive form, .� because their role is different from that of other buildings and places that constitute the fabric,of the city. 8. All buildings should provide their inhabitants with a clear sense location, weather and time. Natural methods of hearing and cooling can be more resource- efficient than mechanical systems. 9. Preservation and renewal of historic buildings, districts, and landscapes affirm the continuity and evolution of urban society. "' For information: Congress for the New Urbanism; 5 Third Street, Suite 500A, San Francisco, CA 94103 Phone: 415 495-2255 Fax: 415 495-1731. IM .n 6 48 . ATTACHMENT 3 GENERAL SCOPE OF WORK FOR BROOKHILL NEIGHBOURHOOD SECONDARY PLAN Background Review ►► a. review and analysis,of background information, studies, servicing requirements b. meetings with key stakeholders Review of New Urbanism Principles ,- c. Presentation to Council and staff on new urbanism principles and practices d. Tour and discussion with municipal officials with new urbanist communities in the GTA e. Implications of alternative development standards ,for engineering design in new urbanist communities Concept Design f. -A Stakeholders Working Group will be formed; g. Neighbourhood Design Charette undertaken to develop options and a preferred concept plan for the Brookhill Neighbourhood Study Area. Preparation of Secondary Plan h. Prepare draft of secondary plan Preparation of Supporting Implementing Documents i. Prepare urban design guidelines for the neighbourhood j. Prepare general zoning requirements k. Prepare conceptual servicing plan I. Prepare conceptual open space and parks plan m. Prepare a phasing and implementation plan r. r; 64 � 1 Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2004 Report #: PSD-023-04 File #: PLN 8.6.6 By-law #: Subject: SOUTH COURTICE BUSINESS PARK STUDY RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend 3o Council the following: 1. THAT Report PSD-023-04 be received; 2. THAT Council authorize Staff to undertake a study of land use policies and other issues identified in Section 2 of Report PSD-023-04 for the South Courtice Business Park; and 3. THAT Staff be authorized to request proposals from consultants and report back to Council when considered appropriate. Submitted by: Reviewed by: �2 �. Davi J. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer �. RH*CP*DC*df 17 February 2004 w. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 650' i .r REPORT NO.: PSD-023-04 PAGE 2 1.0 BACKGROUND . 1.1 Courtice has approximately 630 hectares of land designated for employment purposes along both sides of Highway 401. Industrial lands on the north side of Highway 401 in Courtice have been partially d�veloped with dry industrial uses and buildings generally of low architectural quality and on-site outdoor storage. This form of development impedes the attraction for more prestigious employment uses seeking higher development standards and controls on outdoor storage. Like other areas in Clarington, the wide range of industrial uses a is not conducive to industries seeking a higher profile location. 1.2 The South Courtice Business Park on the south side of Highway 401 and ., identified on Attachment 1 comprises 129 hectares (318 acres). These lands ' have 1630 metres (6,350 feet) of frontage on Highway 401 and they have limited development to date. The Official Plan designates the frontage ,along,Highway as 401 for Prestige Employment Uses and the southerly portion for Light Industrial uses. 2.0 DISCUSSION 2.1 The South Courtice Business Park is located near the future new Courtice Water Pollution Control Plan. It is anticipated that the plant will be operational by 2006. With this new plant, water and sanitary services will be extended into the Courtice industrial areas and gradually extended northward. This new plant ' represents an investment of over $60 million in infrastructure and provides a tremendous opportunity for the Municipality to bring on new serviced industrial -� lands. 2.2 In anticipation of municipal services becoming available for these lands in 2003, ' staff initiated a preliminary Servicing Review for the South Courtice Business Park. This review identified a number of options that required more detailed planning and identified possible adjustments to the road network identified in the Official Plan. 2.3 The level of interest in developing the South Courtice Business Park has been increasing during the past few years due to the anticipation of full municipal services being provided in 3-5 years and the large tracts of land with good exposure and access to Highway 401. While the Clarington Official Plan CAW designates these lands for prestige employment uses and light industrial uses, the zoning by-law permits light industrial and general industrial uses. The outdoor storage permitted under the current zoning is attractive to some users but a" contrary to the Official Plan policies for this area. 2.4 It is Staffs view that the industrial lands in South Courtice could become a premiere industrial park for the Municipality. There are enough locational characteristics, including exposure and access to Highway 401 and imminent servicing that make these lands ideal for future economic development. However, some concerns have been raised that some existing and nearby land 651 REPORT NO.: PSD-023-04 PAGE 3 uses and the current market conditions in Clarington would not allow for the attraction of prestige uses to this area. Part of the study will examine the.validity of the Official Plan use designations for the Study Area. 2.5 Goal #2 of the Municipality's Business Plan for 2004-2006, which is "to pursue a vibrant economy", identifies the promotion of the South Courtice Business Park as a priority initiative. In order to assist the Municipality with promoting these lands two important elements are proposed as components of the study: • A financing strategy for the infrastructure works necessary to service the �.. area; and • A marketing approach to attract the target investment sector as determined through the land use master plan process. 2.6 In summary, the Study Area will include all designated industrial. lands south of Highway 401 and will have the following purposes: 1. To review the land use planning policies for the area including the relative portions of prestige and light industrial uses and the road network and to make recommendations with respect to any necessary changes to the Official Plan and Zoning By-law; 2. To develop a master plan with urban design guidelines for the Study Area; .� 3. To develop an infrastructure/servicing plan for the area and a related financial plan for the cost-sharing of services and development charges; and, �• 4. To develop a marketing approach for the South Courtice Business Park. ■- 3 .0 CONCLUSIONS 3 .1 In consideration of the comments contained in this report, it is recommended that Staff be authorized to prepare the terms of reference for South Courtice Employment Area Study and request proposals from a short list of planning consultants with experience in similar studies. 3.2 Staff will report back to Council with a recommendation on a consultant to undertake the Study. The Study award will not take place until such time as the y. 2004 budget is approved and/or suitable funding is in place. Attachments: Attachment 1 - Key Map 652 ATTACHMENT 1 "" o COURTICE CRT. O r.' Q O w U H O U w S%T' ; ;py a w O o it z kv, o o qT'0 lkz .r Y OSBOURNE ROAD arl .n LAKE ONTARIO ..r .r .r South Courtice Business Park GF/G/COMMUNITY PLANNING/RICHARD/COURTICE EMPLOYMENT AREA/STUDY AREA `' rr • Leading the Way REPORT r.. ENGINEERING SERVICES DEPARTMENT .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 23, 2004 Resolution #: Report#: EGD-08-04 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY, 2004. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-08-04 be received for information. r Submitted by: Reviewed by: T �. A. S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer •• ASC*RP*bb February 12, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-6506 7 U REPORT NO.: EGD-08-04 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of January 2004, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF YEAR TO YEAR TO CHANGE JANUARY 2004 DATE 2004 DATE 2003 OF VALUE YTD 03-02 Permits Issued 88 88 65 VALUE OF CONSTRUCTION Residential $12,233,742 $12,233,742 $6,846;492 78.7% Industrial $0 $0 $50,000 NIA Government $0 $0 $0 N/A Commercial $1,290,500 $1,290,500 $100,000 1190.5% „ Institutional $45,000 $45,000 $15,000 200.0% Agricultural $35,000 $35,000 $0 N/A Ontario Hydro $0 $0 $17,000 N/A Miscellaneous $0 $0 $0 N/A TOTAL $13,604,242 $13,604,242 $7,028,492 93.6%, The following is a historical comparison of the building permits issued for the month of "JANUARY" and "YEAR TO DATE" for a three year period. Historical Data for Month of"JANUARY" Historical Data"YEAR TO DATE" $16,000,000 $16,000,000 $14,000,000 $14,000,000 $12,000,000 $12,000,000 $10,000,000 $10,000,000 $8,000,000 $8,000,000 $6,000,000 $6,000,000 ur $4,000,000 • $4,000,000 n $2,000,000 - $2,000,000 y. $0 .r 2004 2003 2002 1 2004 2003 2002 Ovalue $13,604,242 $7,028,492 $2,298,325 Ovalue $13,604,242 $7,028,492 $2,298,325 rW rYY lG2 REPORT NO.: EGD-08-04 PAGE 3 r. The following is a comparison of the types of dwelling units issued for the month of "JANUARY" and "YEAR TO DATE". r. Dwelling Unit Type JANUARY 2004" Dwelling Unit Type "YEAR TO DATE ow 14 0 14 2004" Townhouse Apartment Townhouse 0 19% 0% 19% Apartment 0% 33 ...... Single Detached 26 45% Semi- 26 Detached Semi- 33 36% Detached Single 36% Detached r. 45% E Single Detached 33 E Single Detached 33 El Semi-Detached 26 0 Semi-Detached 26 0 Townhouse 14 0 Townhouse 14 El Apartment 0 El Apartment 0 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: aw APPLICANT CONSTR TYPE LOCATION VALUE Don Gleed : Auto Retail Facility 10 Spicer Sq. Bowm $1,290,400 (ClaringtonToyota) Attachment#1 — Monthly Building Permit Activity Report Attachment#2 — Historical Comparison of Building Permit 703 Municipality of Clarington Building Services - Monthly Activity Report January 2004 x UTLDIN GPERMIT ACT"IV r la ;B r � 2004 2003 ..r Type of Construction January Year to Date January Year to Date Residential: Single Detached 33 3$ 4 4 Semi-Detached 26 26 46 46 """ Townhouse 14 14 0 0 Apartment 0 01 0 0 r Other Construction 8 8 9 9 Sub Total 81 81 59 59 Industrial: New Building 0 0 0 0 .r Addition/Alteration 0 0 1 1 Sub Total 0 0 1 1 Government: New Building 0 0 0 0 Addition/Alteration 0 0 0 0 Sub Total 0 0 0 0 .r Commercial: New Building 1 1 0 0 Addition/Alteration 1 1 2 2 Sub Total 2 2 2 2 Institutional: New Building 1 1 0 0 Addition/Alteration 1 I 1 1 Sub Total 2 2 1 1 Agricultural: New Building 2 2 0 0 Addition/Alteration 0 0 0 0 Sub Total 2 2 0 0 Ontario Hydro: New Building 0 0 0 0 Addition/Alteration 0 0 1 1 Sub Total 0 0 1 1 HVAC,Plumbing& Miscellaneous: 0 0 0 0 add Demolition: 1 1 1 1 TOTALS 88 88 65 65 CONSTRUCTION VALUE, 2004 2003 January Year to Date January Year to Date Residential: $12,233,742 $12,233,742 $6,846,492 $6,846,492 Industrial: 0 0 $50,000 $50,000 •r Government: 0 0 0 0 Commercial: $1,290,500 $1,290,500 $100,000 $100,000 Institutional: $45,000 $45,000 $15,000 $15,000 Agricultural: $35,000 $35,000 0 0 Ontario Hydro: 0 0 $17,000 $17,000 Miscellaneous: 0 0 0 0 TOTALS $13,604,242 j $13,604,242 $7,028,492 $7,028,492 January 2004 _ 2004 2003 January Year to Date January Year to Date PERMIT FEES $92,501 $92,501 $52,686 $52,686 INSPECTION SERVICE 2004 1 2003 January Year to Date January Year to Date Building Inspections 371 371 416 416 r.. Plumbing Inspections 232 232 342 342 TOTALS 603 1 603 758 758 NUMBER' 'F NEW RESIDENTIAL UNITS 2004 2003 rr. January Year to Date January Year to Date Single Detached 33 33 4 4 Semi-Detached 26 26 46 46 �. Townhouse 14 14 0 0 Apartments 0 0 0 1 0 TOTALS 73 73 50 50 YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 ffl34 AREA (to month) " Bowmanville 46 468 345 312 188 184 313 423 Courtice 8 180 133 129 231 296 254 295 Newcastle 18 123 131 76 110 78 4 5 Wilmot Creek 29 38 24 19 21 33 21 Orono 1 1 Darlington 13 17 47 102 31 14 20 Clarke 1 16 15 9 17 17 12 20 10 7 8 Burketon 1 1 1 1 2 2 Enfield 3 Enniskillen 2 5 7 6 3 7 3 1 Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 1 �+ Mitchells Corners Newtonville 3 3 3 1 2 2 Solina 3 1 1 1 Tyrone 3 9 3 TOTALS 73 843 701 609 679 640 636 801 601 447 834 % 5 i c II II II 1 REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: February 23, 2004 Report#:. ESD-004-04 File# 10.12.6 By-law# Subject: Amendment to By-law 96-32 ' Recommendations: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-004-04'be received.' 2. THAT Schedule D (attached) to By-law 96-32 be amended to include the user ' fees charged for response to motor vehicle accidents for non-residents and false alarms; and 3. THAT the by-law attached to Report ESD-004-04 be approved. BACKGROUND AND COMMENT At the meeting of April 12, 1996 Council approved that user fees for non-residents and ' false alarms be implemented, as of May 1, 1996, through the adoption of Report FD-9- 96. ' In this regard, Schedule D, to By-law 96-32 was never changed to include these user fees. 901 REPORT NO.: ESD-004-04 PAGE 2 It is recommended that Schedule D (attached), which has been amended to include user fees for non-residents and false alarms, replace the existing Schedule D attached ' by By-law 96-32. I Submitted by: -�-' Reviewed by: ' p� Michael G. Creighton, AMCT, CMM11 Franklin Wu, M.C.I.P. T Director Emergency& Fire Services Chief Administrative Officer ' MGC:sr Attachment: Schedule D to By-law 96-32 . I CORPORATION OF THE MUNICIPALITY OF CLARINGTON I 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 ' THE MUNICIPALITY OF CLARINGTON ' BY-LAW#2004- Being a by-law to amend By-law 96-32, as amended,to require ' the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees WHEREAS at its meeting held on March 1, 2004,the Council of the Municipality of Clarington tadopted the recommendations contained within Report ESD-004-04: NOW THEREFORE BE IT RESOLVED that By-law 96-32 be amended by deleting Schedule ' 'D"thereto and replacing it with the attached Schedule "D". ' By-law read a first and second time this 1st day of March 2004. By-law read a third time and finally passed this 1st day of March 2004. John Mutton,Mayor Patti L. Barrie,Municipal Clerk 1 903 ■ SCHEDULE«D„ ' TO BY-LAW 96-32 I , FEES PRESCRIBED BY THE FIDE CHIEF ■ SERVICE/DOCUMENT FEE Burning Permits $25.00 ■ Daycare/Home Daycare Centre'Inspections $75.00/Inspection , Wood Stove Inspections Requested by Home Owner And Insurance Companies $50.00/Inspection ' Fire Loss Reports Requested by Insurance Companies $75.00/Report Refreshment.Vehicle Inspections $75.00/Inspection ' Response to motor vehicle accidents for non-residents $350.00/Unit ' Response to false alarms $350.00/Unit ■ ■ ■ ■ ■ ■ ■ ■ 904 ■ �adtng�way REPORT, ' EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: FEBRUARY 23, 2004 Report#: ESD- 005 -04 File #10:12.6 By-law# ' Subject: MONTHLY RESPONSE REPORT—JANUARY, 2004 Recommendations: It is r6spectfully recommended that-the General Purpose and Administration Committee ' recommend to Council the following: THAT Report ES,D-005-04 be received for information. t Submitted by: n, Reviewed b Micha I G.Creighton, AMCT.CMM11 Franklin Wu, ' Director of Emergency Services/Fire Chief Chief Administrative Officer MGC"Ilv 905 REPORT NO.: ESD-005-04 PAGE 2 ■ BACKGROUND AND COMMENT 1. BACKGROUND ' 1.1 Our report covers the month January 2004. It is our intent to provide Committee ' with information relevant to this department, in a timely manner. 2. REPORT ' 2.1 The department responded to 248 calls during this period and recorded total fire loss at $7,000.00. A breakdown of calls responded to follows in the table attached. ' *Standby As indicated in the table attached, Station Ivolunteer firefighters were activated seventeen times and Station 4 volunteer firefighters six times for standby. All were a result of Pumper 1 and Pumper 4 being tied up at emergency calls.. . ' ■ ■ ■ ■ ■ ■ ■ ■ 9 -Dh ■ EMERGENCY&FIRE SERVICES MONTHLY RESPONSE REPORT MONTH. YEAR MONTH YEAR ENDING TO ENDING TO January/04 DATE January/03 DATE CLASSIFICATION 2004 2003 PROPERTY FIRES (Includes structure, chimney, vehicle 6 16 22 22 Miscellaneous e.g. furniture, clothing, etc.) I UNAUTHORIZED BURNING (Burning complaints) 5 5 5 5 FALSE FIRE CALLS (Includes alarm activations- accidentaU/malicious,human-perceived 37 37 40 40 emergencies/check calls e.g. investigate unknown odour PUBLIC HAZARD CALLS , (Includes propane/natural gas leaks, 32 32 25 25 fuel/chemical spills, power lines down/arcing, C.O. leaks, etc.) RESCUE CALLS (Includes vehicle extrication/accidents, 65 65 52 52 commercial/industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 69 69 105 105 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 34 34 18 18 ' other agency,.call cancelled on route, etc.) TOTAL CALLS 248 248 267 267 TOTAL FIRE LOSS $7,000.00 $7,000.00 $362,800.00. $362,800.00 NUMBER OF ALARMS BY STATION ST.#1 ST.#2 ST.#3 ST.#4 ST.#5 TOTAL ' 114 35 18 74 7 248 NUMBER OF STANDBY CALLS BY STATION ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL ' 17 0 0 6 0 23 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506 907 ' Leading tke way REPORT : CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 23, 2004 Report#: COD-007-04 File# By-law# T Subject: Oshawa/Clarington Association for Community Living and John Howard Society Lease Agreements Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-007-04 be received; 2. THAT the Lease agreement (Attachment #1)with the Oshawa/Clarington Association for Community Living in the amount of$10,904.25 per annum for one (1)year term be approved; and 3. THAT the Lease agreement (Attachment#2) with the John Howard Society in the amount of$10,904.25 per annum for one (1) year term be approved; and 4. THAT the attached By-laws marked Attachment#3 and Attachment#4 be approved authorizing the Mayor and the Clerk to execute the necessary agreements; Submitted by Reviewed by: arie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer MM\LAB\km 1201 REPORT NO.: COD-007-04 PAGE 2 BACKGROUND AND COMMENT The Municipality has existing Lease agreements with the Oshawa Clarington Association for Community Living and the John Howard Society for the premises at 132 Church Street, Bowmanville-since 1997. Administrative Services, Employment Resource Centre for Youth and the Firehouse Youth Activity Centre are the main activities in the former apparatus bay area and'main floor of the building. The proposed lease is effective January 1, 2004, and will expire December 31, 2004. An extension for an additional 1 (one),„,one year term is subject to successful negotiation of terms and lease amount. Any proposed extension will be brought forward to Council at that time. The amounts proposed for each of the tenants represents a five (5) percent increase in the monthly rent over the previous lease agreement. Staff will review again at the end of 2004, the operating costs for the building. The tenants are responsible for their own daily maintenance ; including custodial. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 1202 1 _ Attachmen I. THIS LEASE dated as of the,day of ,20041 in pursuance of the Short Forms of Leases Act. 1, BETWEEN: 1 The Corporation of the Municipality of Clarington (hereinafter called the"Landlord") -and- Oshawa Clarington Association for Community Living a corporation incorporated under the laws of the Province of Ontario (hereinafter called the'Tenant") OF THE SECOND PART LEASE AGREEMENT 120 N:\LEASES10CAforCL-LEASF-20U.DOC Attachment I B&WtEN: The Corporation of the Municipality of Clarington (hereinafter called the"Landlo�i") III , -and- it Oshawa Cladngton Association,for Community Living (hereinafter called the"Tenant") WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to lease from-the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNES$ES that in consideration of the rents, covenants ah'd agreements hereinafter reserved and contained on the part of the Landlord and the Tenant,the Landlord leases to the Tenant, and the Tenant leases from the Landlord,the Premises on the following terms.and conditions: 1. Term (a) The Tenant shall have and hold as tenant for term of one (1)year commencing January 1,2004 and ending December 31,2004(hereinafter called the"Term"). (b) If the Tenant shall not be in default under this Lease, the Tenant shall have the right to extend the Term for a further period of one (1) one year term (the "Extension Term"). Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be subject to successful negotiations of a lease rate and on the same terms and conditions as contained herein save and except that there shall be no further right of extension of the Term of Extension Term. 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease,solely for uses permitted by law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and(ii)any nuisance in,at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. � � �� 4 - -- ' H:ILEASEStOCAforCL-LEASE-2004.DOC Attachment 1 3. Demised Premises The demised premises, is 'comprised of the' administration areas, the,former apparatus bay,,Courtroom#2,and adjacent office. 4. Licensed Areas The Licensed Areas includes the noLciusive use of the Court Room One and entrances, exit and stairs of the afordiaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area,on the east side of the building. 5. Basic Rent During the Term, the Tenant shall pay to the Landlord annual minimum rent of $10,904.25 per year. 6. Tenant's Duty to Maintain The Tenant at all times throughout the term shall maintain the premises in a satisfactory condition as determined by the Landlord. Acting reasonably, without limiting the foregoing, the Tenant shall keep the Premises in a clean condition, obtain at its expense,janitorial services,and daily operating expenses. 7. Net'Lease The Tenant acknowledges,covenants and agrees that,except as herein expressly set out, it is intended that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third'parties)shall be additional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. 8. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its own expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a. prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the-Premises in as good repair as the Premises were at the commencement of the Term. - 105 PAGE 3 ' �L�gSW a ESCAfCI-'EASE-2004.DOC 9. Alterations At ©CTimGMt (a) If the Tenant, during the Terms of this Lease or any renewal of lt.desk to make any alterations or additions to the Premises,'Including but not limited to: erecting partitions, attaching equipment, end installing necessary furnishings or additional equipment of the Tenant's business, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: (i) before undertaking any alteration or addition the Tenant shall submit ' to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval and items Included in the*plan which are regarded by the Tenant as 'Trade Fixtures"shall be designated as sun on the plan;and (ii) any and all alterations or,additions to the Premises made by the Tenant must comply with all applicable building-code standards and. by-laws of the municipality in which the Premtsps are'lpcated. (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (c) No sign,advertisement or notice shall be inscribed,painted or affixed by the Tenant, or any other person on the Tenant's behalf, on.any part of the inside or outside of the building in which the Premises are located unless 1 the sign,advertisement or notice has been approved in every respect by the Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means maybe necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a)The Tenant shall provide and maintain during the term 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 including loss of use thereof. (b)The Commercial /Comprehensive General Liability insurance policies shall be in the name of the Tenant and shall name the Landlord 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. 1206 PAr.F d ►i YL_EASE LEASE-200i.DOC Attachmesnt , (d)Evidence of insurance satisfactory to the Municipaldys Insurance Administrator shall be provided prior to execution of the lease. If requested by the Landlord, Certified Copies of the above-referenced polity must be provided. - The Tenant shall indemnify and save harmless the Landlord from any and all claims, demands,causes of action,loss,costs or damages that the Landlord may suffer,incur or be liable for, resulting from the performance of the Tenant 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 Landlord, its agents or employees. And the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damage and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty,then and in every such event if, in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or,bny substantial part of the said Building unfit for occupancy or impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord,or the Tenant may at its option,terminate this Lease by giving to the other notice in writing of such termination, in which event,this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage; 12. Quiet Eniovment The Landlord covenants with the Tenant for quiet enjoyment. 13. Government Requirements The Tenant shall,at its sole cost and expense,during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein;and 1207 PAGE 5 Attachment 1 " H:\tE"ESNOCAtorCl-LEASE-2004.DOC carry out all modifications, alterations or changes to the Premises.and the Tenant's conduct of,�u$iness in.or use of the Premises which are required by any,such.authorities.. The Tenant,shall indemnify and hold the Landlord harmless against any penalty or fine imposed-for any violation of ahy law, by-law or regulation by the Tenant or those for whom the Tenant is in law Tpponsible. 14. Default The following events ("Events of Default") shall be deemed a default(a "default")' Onder this Lease: (a) If the Tenant fails to pay any instalment of Basic Rent promptly when due or additional rent hereunder ("Additional Rent") no later than five (5) days following the respective due date; (h) If the Tenant fails to observe or perform any other term,covenant,condition or obligation under this Lease that is capable of remedy other'than a default in the payment of Basic Rent or Additional Rent, and such default remains unremedied after thirty (30) days following written notice from the Landlord to the Tenant specifying such default and requiring the Tenant to remedy "the default;. (c) If the Tenant fails to observe and perform any other term, covenant, conditions or obligation under this Lease that is not capable of remedy other than a default in the payment of Basic Rent or Additional Rent and the Tenant receives written notice from the Landlord specifying such default; (d) if the Tenant makes an assignment for the benefit of its creditors generally, or- if the Tenant is declared bankrupt or insolvent, or if a petition In bankruptcy is filed against the Tenant, or if the Tenant 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 Tenant's property, or if any steps are taken or any action or proceedings are instituted by the Tenant or by any other party including, without limitation, any court or govemmental body of competent jurisdiction for the dissolution, winding-up or liquidation of the Tenant or its assets, unless such proceeding be set aside, discharged or abandoned within fourteen (14) days. For the purposes of this Subsection, 'Tenant" shall mean the Tenant and any person carrying on business in or occupying the whole or any part of the Premises; (e) If, the Tenant makes or attempts to make any bulk sale of any of its assets situated in the Premises in contravention of the provisions of this Lease,or If any Tenant sells, disposes, removes or attempts to remove from the Premises a part of its trade fixtures, fumiture, improvements, chattels or goods other than in the normal course of business so that there would in the event of such sale, disposal or removal be sufficient trade fixtures, fumiture, improvements, chattels or goods of the Tenant on the Premises subject to distress to satisfy all rent due or accruing hereunder for a period Of at least twelve(12)months;or (f) If the Premises becomes and remains vacant for a period of five (5) consecutive days. Upon an Event of Default, the full amount of Basic Rent and Additional Rent then owing and the current month's Basic Rent and Additional Rent together with the next ensuing three (3)months instalments of Basic Rent and Additional.Rent shall immediately become due and payable unless the Landlord gives written notice to the Tenant to the contrary. - � 1) nQ H:M-EASES10CAfaCL-LEASE-2W4.Doc 15. - Right of Re-Ent ' I Upon an Event of Default and at the opinion of the Landlord, the Landlord, In -addition to any other remedy or right it may have,and'without notice or.any form of legal process, may forthwith re-enter,upon and take possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, ' equipment and trade fixtures of the enant as are in the Premises,and may apply the proceeds thereof to all rent and bther payments to'which the Landlord is then entitled under this Lease. Any such)sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item,or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property is disposed of as provided in this Siection,ten (10)days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 16. Right of Termination In addition to all rights and remedies of the Landlord available to it b'y any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Updn such notice, this Lease shall terminate immediately without the. necessity of any legal proceeding whatsoever. The Tbnant shall thereupon within three (3) days quit,and surrender the Premises to the Landlord, or if not yet in possession,the Tenant shall no longer have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant and remove any persons or property therefrom without the necessity of legal proceeding whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Right to Re-let etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (1)to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, 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 Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 9 PAGE 7 AttaC n so 1L-LEASE-�.DOC 18. Damages ' If the Landlord shall terminate this Lease as provided herein,the Tenant shah pay to the Landlord on demand, rent hereunder up to the time of re-entry or termination,whichever shall be the later. 19. Separate Remedies I The Landlord may from time to time resort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and may be exercised generally or in combination. . 20. Waiver e (a) Notwithstanding anything contained in any statute npw or hpreafter in force limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant on the Premises at any time during the Term shall be exempt from levy by distress for rent in arrears, and N any claim is made'for such exemption by the Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy tipon any such goods as are so exempted,this Lease may be pleaded as an estoppel against the Tenant,the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any 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, conditions, 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 Landlord. 21. Covenants Every obligation of.the Landlord or the Tenant expressed in this Lease, even though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 23. Enforceability If any term, 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 term, covenant or AL conditions 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 permitted by law. OPAGE 8 \LEASESkOCAforCL-LEAS E-2004.DOC Attalc ment 1 24. Notices . • Any notice That one"party hereto may desire or be required.to give to the other party. hereto shad for all purposes be deemed to have been sufficiently and properly given, If delivered personally or forwarded by registered mail and addressed in the case of the Landlo to: Municipal of Clarington The„Landlord 40 Temp ante Street,Bowmanville,Ontario L1C 3A6 Attention:I Lou Ann Birkett, Purchasing Manager and in the case of the Tenant to thq Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or if forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. Oshawa Clarington Association for Community Living The Tenant: 132 Church Street,Bowmanville,Ontario 25. Right to Sublet The Tenant shall have the right to sublease any portion of their useable leased area,provided that the use and occupation of the Area of the,Premises remains as permitted by this lease,and is complimentary to the operation.of the Tenant. The Tenant must provide the Landlord with written notification,of any sublease entered into by the Tenant. It is the Tenants responsibility to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease, the Landlord reserves the right to revoke the right to sublease,should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 26. Dangerous Use The Tenant shall not commit or permit anything which will increase the cost of the Landlord's insurance or render any insurance on or relating to the Premises subject to cancellation. 27. Rules Regarding Operation of Demised Premises The Municipality's Property Manager from time to time may give the Tenant written notice of rules regarding the operation of the premises. Such rules shalt be complied with by the Tenant's and Sub-Tenants during the Term of the Lease and any extensions or renewal thereof. 28. Smoke Free Building The Tenant shall not permit or allow any person to smoke tobacco product anywhere in the building. 1 , 1 PAGE 9 H-.0 FASES%0CAtaCL-LEASE-2M.DBG ' 29. Enurement Attachment, i This Lease and everything herein contained shall enure to the benefit of and be binding upon the parties hereto their successors and permitted assigns .respectively. 30. Govemina Law ' This Lease shall be interpreted,governed and enforced In accordance with the law of the Province of Ontario,Canada. 31 Notice of Accident etc. The Tenant shall promptly notify the Landlord of any accident, defect, damage or deficiency in or on any part of the Premises which comes to the attention of the Tenant, it's employees or contractors, notwithstanding that 4M Landlord may have no obligation in respect thereof. , IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By. i John Mutton,Mayor And: Patti L. Barrie,Clerk OSHAWA CLARINGTON ASSOCIATION FOR COMMUNITY LIVING B '- y. And: <1::�� 1212 -I Attachment'2 THIS LEASE dated as of the—day of ,2004, in pursuance of the Short Forms of Leases Act, BETWEEN: The Corporation of the Municipality of Clarington (hereinafter called the"Landlord") -and- The John Howard Society a corporation , incorporated under the laws of the;Province of Ontario 1' (hereinafter called they"Tenant") OF THE SECOND PART LEASE AGREEMENT 1213 HALEASESUHS-LEASE-2004.DOC Attachment 2 BETWEEN: " The Corporation of the Municipality of Clarington (hereinafter called the"Landlo I") I e -and The John Howard Society (hereinafter called the'Tenant") WHEREAS the Landlord has agreed,to lease to the Tenant and the Tenant has agreed to lease from the Landlord the assigned space at the Fire and Court Building, 132 Church Street, Bowmanville, Municipality of Clarington, Regional Municipality of Durham (the "Premises"). NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents, covenants', and, agreements hereinafter reserved and contained on the part of the Landlord ad the Tenant,the Landlord leases to the Tenant,and the Tenant leases from the Landlord,the Premises on the following terms and conditions: 1. Term (a) The Tenant shall have and hold as tenant for a term of one (1)year commencing January 1,2004 and ending December 31,2004(hereinafter called the"Term"). (b) If the Tenant shall not be in default under this Lease, the Tenant shall have the right to extend the Term for a further period of one (1) one year term (the "Extension Term"). Such right shall be exercisable by written notice from the Tenant to the Landlord given no later than 180 days before the expiration of the initial Term. The Extension Term shall be subject to successful negotiations of a lease rate and-on the same terms and conditions as contained herein save and. except that there shall be no further right of extension of the Term of Extension Term. 2. Use The Tenant shall continuously occupy the Premises throughout the Term, subject to and in accordance with the provisions of this Lease,solely for uses permitted by . law and for no other use or purpose. The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage, disfiguration or injury to the Premises or the improvements, installations, fixtures and equipment thereon and(ii)any nuisance in,at or on the Premises. The Tenant shall not do or permit anything to be done that results in the cancellation or threatened cancellation or the reduction of coverage under or threatened reduction of coverage under any insurance policy on the Premises or any part of it. 121 .E ' H:%LEASESUHS-LEASE-2004.MC Attachment 2 3, Demised Premises The demised premises Is comprised of the administration areas, the former apparatus bay,,Courtroom#2,and adjacent office. 4. ','Licensed Areas • II The Licensed Areas includes the noAJexclusive use of the Court Room One and ,entrances, exit and stairs of the aforesaid building, the exclusive use of the lower and main floors, and the use of the east ten (10) parking spaces in a designated area,on the east side of the building. ' 5. Basic Rent During the Term, the Tenant shall pay to the Landlord annual minimum rent of $10,904.25 per year. 6., Tenant's Duty to Maintain I I Thq Tenant at all times throughout the term shall maintain the premises in a satisfactory condition'as determined by the Landlord. Acting reasonably,without limiting the foregoing, the Tenant shall keep the Premises in a clean condition, obtain at its expense,janitorial services,and daily operating expenses. 7. Net Lease The Tenant acknowledges,covenants and agrees that, except as herein expressly set out, it is intended,that this Lease and the rentals herein provided to be paid shall be completely net and carefree to the Landlord. All amounts required to be paid by the Tenant hereunder(whether to the Landlord or third parties)shall be additional rent and all additional rent shall be payable and recoverable as Basic Rent, but in the manner herein provided, and the Landlord shall have all rights against the Tenant for default in any such payment as in the case of arrears of Basic Rent. 8. Repairs and Maintenance The Tenant hereby accepts the Premises on an "as is" basis. The Tenant, at its qwn expense, shall maintain and keep the Premises and every part thereof, in good working order and condition and promptly make all needed maintenance, repairs and replacements as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at its expense, to effect such repairs or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. 1215 PAGE 3 H:�LE" -LEASE-MDOC, 9. Alterations Attac�'1t ent (a) If the Tenant, during the Terms of thislease or any renewal of It,desires to make any alterations or additions to the Premises,-Including but not limited to: erecting -partitions, attaching equipment, and. Installing necessary furnishings or additional equipment of the Tenant's business,.. the Tenant may do so at his own expense, at any time and from time to . time, if the following conditions are met: (1) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably' or arbitrarily withhold its approval and items included in the plan which are regarded by the Tenant as "Trade Fixtures"shall be designated as sun on the plan;and (ii) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building•coda standards and by-laws of the municipality in which the Premises are located. , (b) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise,, may require to be made in,on or to the Premises. (c) No sign,advertisement or notice shall be inscribed,painted or affixed by the Tenant, or any other person on the Tenant's behalf, on.any part of the inside or outside of the building in which the Premises are located unless 1 the sign,advertisement or notice has been'approved in every respect by the 1 Landlord. (d) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (e) The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord's property In connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. 10. Insurance and Indemnification (a)The Tenant shall provide and maintain during the term 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 including loss of use thereof. (b)The Commercial/.Comprehensive General Liability insurance policies shall be in the name of the Tenant and shall name the Landlord 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. 1 � 1 � 6 PAr,P A "Attoth,menIYOrcL LEASE-2004.DOC (d)Evidence of insurance satisfactory to the Municipality's Insurance Administrator shall be provided prior to execution of the lease. If requested by the Landlord, Certified Copies of the above-referenced polity must be p rovided., The Tenant shall indemnify and save harmless the Landlord from any and all claims, demands,causes of action, loss,costs or damages that the Landlord may suffer,incur or be liable for, resulting from the performance of the Tenant 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 Landlord,its agents or employees. And the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. 11. Damage and Destruction If the Premises are destroyed or damaged by fire, lightning, tempest or other casualty,then and in every such event if,in the opinion of the Landlord's architect, the damage or destruction of such Building renders the whole or,any substantial part of the said Building unfit for occupancy or Impossible or unsafe for use and occupancy or impossible for the Tenant to continue to carry on its business, either the Landlord or the Tenant may at its option,terminate this Lease by giving to the other notice in writing of such termination,in which event,this Lease and the Term shall cease and be at an end as of the date of such destruction or damage, and the rent and all other payments for which the Tenant is liable under the terms of this Lease shall be apportioned and paid In full to the date of such destruction or damage; 12. Quiet Enioyment The Landlord covenants with the Tenant for quiet enjoyment. 13. Government Requirements The Tenant shall,at its sole cost and expense,during the Term: (a) observe and comply with all applicable governmental laws and regulations including, without limitation, federal and provincial legislative enactments, Building by-laws and other governmental or municipal regulations which relate to the Premises or the partitioning, equipment, operation and use thereof and to the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Premises. The Tenant shall comply with all police, fire and sanitary regulations imposed by any federal, provincial or municipal authorities, or made by insurance underwriters and shall observe all governmental and municipal regulations and other requirements governing the conduct of any business conducted in the Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Premises and the conduct of business therein;and L I / PAGE 5 Attachment 2 �.zuoe.00c f H. Enses�s-L and thO out all modifications; alterations or,changes to Prerni es �c) carry which are requited Tenants conduct of business in or use of the Premises by any such;authorities.. ena and hold the Landlord harmless against the Tenant or Or The Tenant shall Indemnify law , by-law or regulation by +fine imposed for any violation of any onsible. those for whom the Tenant is in law rep % Der—fault • events ("Events of Default") shall be deemed a default(a"default'); .The following under this Lease: when due or If the Tenant fails to pay any instalment of Basic Rent promptly (a) no later than, five (5),,d8Ys additional the respect ve due date following Additional Rent') condition other than a default (b) If the Tenant fails to observe or perform any other term,covenan or obligation under this Lease o aAddltio all Rent, and such default remains in the payment of Basic Rent written notice from the Land unremedled after thirty (30)days following requiring the Tenant to remedy " to the Tenant specifying such default and req 9 the default, ant erform any other term, covenants (c) If the Tenant fails to observe and P or Additional Rent and,the conditions or obligation under this Lease.that is not capable of remedy than a default in the payment of Basic Rent yin such default; Tenant receives written notice from the Landlord specifying nerail petition in ' (d) If the Tenant malsadecla ed bankrupt o enso�IventS or fflt ape or ff the Tenant le isiation is filed against the Tenant, or ff the Tenant files an assignment bankruptcy is to take the advantage of any 9 in bankruptcy or takes i attempts for relief of bankrupt or insolvent debtors, or ff a receiver or aeeceoerf any manager is appointed for all or a portion of the Tenants property,the Tenant or steps are taken or any action or proceedings t limitatoneany court or, governmental by any other party including, without or liquidation body of competent jurisdiction for the dissolution, winding-up e set aside, of the Tenant or its assets, unless such days.proceeding orr the purposes of discharged or abandoned within fourteen (14) days. this Subsection, "Tenant"shall mean the Tenant and the Pre arson carrying remises; on business in or occupying the whole or any part (e) If,the Tenant makes or attempts to make any bulk sale of any of its assets ease,or situated in the Premises in contravention oes the remove from the J if any Tenant sells, disposes, rem rovements, chattels or Premises a part of its trade fixtures, furniture, imp goods other than in the normal course of business be suffix ent 1 ttrade fixtures, the event of such sale, disposal or remov furniture, improvements, chaall rent due or accrue g Tenant on the he eunder fora period subject to distress to moin satisfy or ' of at least twelve( ) . (f) If the Premises becomes and remains vacant for a period of five (5) consecutive days. ]Upon an Event of Default,the full amount of Basic Rent and Additional Rent the " owing and the current month's Basic Rent and Additional-Rent together with the next ensuing three (3)months instalments of Basic Rent and AddltiNoninae Rent notice shells immediately become due and payable unless the Landlord gives the Tenant to the contrary. _ 7 PAGE 5 H:ILEASESUHS-LEASE-2004.DM 15. Right of Re-Entry AttC1C�'U1''lent Upon an Event of Default and 'at the opinion.of the Landlord, the Landlord, in addition to any other remedy or right it may have,and without notice or any form of legal process, may forthwith re-enter upon and take.possession of the Premises without thereby terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the Tenent'as are in the Premises and may apply the proceeds thereof to all rent and other payments to which the Landlord is then' entitled under this Lease. Any such sale may be effected in the discretion of the Landlord by public auction or otherwise, and either in bulk or by individual item,or partly by one means and party by another, all as the Landlord in its sole discretion may decide. If any of the Tenant's property Is disposed of as provided in this Section,ten (10)days prior notice to the Tenant of disposition shall be deemed to be commercially reasonable. 16. Right of Termination In addition to all rights and remedies of the Landlord available to it by any provision of this Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default the Landlord shall have the right to terminate this Lease upon notice in writing to the Tenant. Upon such notice, this Lease shall terminate immediately without the necessity of any legal proceeding whatsoever., The Tenant shall thereupon within three (3) days quit,,and surrender the Premises to the Landlord, or if not yet in possession,the Tenant shall no longer.have any right to possession of the Premises, and the Landlord, its agents and servants, shall have the right to enter the Premises and dispossess the Tenant'and remove any persons or property therefrom without the necessity of legal proceeding r whatsoever and without being liable to the Tenant therefor in damages, or otherwise. Either party shall have the right to cancel this Lease at any time during the term by giving the other party no less than three (3) month prior written notice of termination. 17. Right to Re-let etc. If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable law, the Landlord, without limiting its right to recover damages, may either terminate this Lease under this section or it may from time to time without terminating the Tenant's obligations under this Lease, make any alterations and repairs considered necessary by the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of the Tenant for such term or terms and at such rental or rentals and upon such other terms and conditions as the Landlord in its reasonable discretion considers advisable. Upon each reletting, all rent and other moneys received by the Landlord from the reletting will be applied (i)to the payment of indebtedness other than rent due hereunder from the Tenant to the Landlord (ii) to the payment of costs and expenses of the reletting including brokerage fees, 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 Landlord and applied in payment of future rent as it becomes due and payable. If the rent received from the reletting during a month is less than the rent to be paid during that month by the Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be calculated by the Landlord and paid monthly in advance on or before the first day of every month by the Tenant. No re-entry by the Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Tenant. Despite a reletting without termination, the Landlord may elect at any time to terminate this Lease for a previous breach. 1219 PAGE 7 M EASESVHS-LEASE-20D4.DM, Attachment 2 18. Dameaes if the Landlord shall terminate this Lease as provided herein,the Tenant shall pay to the Landlord 'on demand, rent hereunder up to the time of re-entry or termination,whichever shall be the later. 19. . Separate Remedies The Landlord may from time to time re ort to any or all of the rights and remedies available to it upon an Event of Default, either by any provision of this Lease or by statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative and maybe exercised generally or in combination. 20. Waiver (a) Notwithstanding anything contained in any statute now or hereafter in fore limiting or abrogating the right of distress, none of the goods, chattels or trade fixtures of the Tenant 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 Tenant or if a distress is made by the Landlord of if any action is brought to test the right of the Landlord to levy upon any such goods as are so exempted, this Lease may be pleaded as an estoppel against the Tenant,the Tenant hereby waiving each and every benefit that could or might have accrued to the Tenant under and by virtue of any such statute by for this Lease. (b) Failure of the Landlord to insist upon the performance of any 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, conditions, 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 Landlord. 21. Covenants Every obligation of the Landlord or the Tenant expressed in this Lease, even. though not expressed as a covenant, shall be a covenant for all purposes. The Tenant acknowledges that it shall have no right to any benefit of division or discussion. 22. Time of Essence Time shall be of the essence in all respects hereunder. 23. Enforceability If any term, 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 term, covenant or conditions 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 permitted by law. 1220 PArF A . r r At 1 Qchment E�UHS-LEASE-2004.DOC 24. Notices Any notice that one;party hereto may desire or be-required-to give to the other party hereto shall,,for all purposes•be deemed to have been sufficiently and properly given, if delivered personally or forwarded by registered mail and addressed in the case of the Landlord to: I I Municipals*of Ciarington The Landlord 40 Tempeµhaance Street,Bowmanville,Ontario L1C 3A6 Attention: you Ann Birkett, Purchasing Manager and in the case of the Tenant to the Premises and shall be presumed to have been received on the date of delivery, if delivered personally, or If forwarded by registered mail on the third business day following such mailing. Any notice shall be in writing, except as expressly otherwise provided herein, and shall be given only by delivery as aforesaid in the event of post interruption. The John Howard Society The Tenant: 132 Church Street,Bowmanville,Ontario - 25 Ri • . . oht to Sublet Thp Tenant shall have the right to sublease any portion of their useable leased area,provided that the use and occupation of the Area of the Premises remains as permitted by this lease,and is complimentary to the operation of the Tenant. Thg, Tenant must provide the Landlord with written notification of any sublease entered into by the Tenant. It is the Tenants responsibility,to ensure that all terms and conditions of this lease are adhered to by tenants subleasing. At any time during the term of the lease,the Landlord reserves the right to revoke the right to sublease,should the Tenants who have subleased be in violation of the terms of this lease, and or should the intended use of the premises not be maintained. The Tenant will assume all responsibility for any subtenants with respect to Insurance and Indemnification as identified in this lease. The existence of any sublease shall in no way reduce the responsibility of the Tenant. 26. Dan erous Use The Lessee shall not commit 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. 27. Rules Regarding Operation of Demised Premises The Municipality's Property Manager from time to time may give the Lessee written notice of rules regarding the operation of the premises. Such rules shall be complied with by the Lessee's and Sub-lessees during the Term of the Lease and any extensions or renewal thereof. 28. Smoke Free Building The Lessee shall not permit or allow any person to smoke tobacco product anywhere in the building. PAGE .9 H:Y,.EASESUHS-L�ASE-2dO4.DOC Attachment2 29. Enurement This Lease and everything herein contained.shall enure to the,benefit of and be binding upon the parties hereto 'their successors and permitted assigns respectively. 30. Governing Law This Lease shall be interpreted,governed and enforced in acx:ordarice with the law of the Province of Ontario,Canada. 31- of Accident etc. JM The Tenant shall promptly notify the Landlord of any accident, defect, demage,or deficiency in or on any part of the Premises which comes to the attention.of the Tenant, it's employees or contractors, notwithstanding that the Landlord may have no obligation in respect thereof. IN WITNESS WHEREOF the parties have duly executed and unconditionally delivered this Lease as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: John Mutton, Mayor And: Patti L. Barrie,Clerk THE JOHN HOWARD SOCIETY By: ALI And: AM AN 122L - PAGE 10 i I Attachment#3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON iWf I, BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa, Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON. 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, Clarington and Oshawa Clarington Association for Community Living, of Oshawa , Ontario, and said Corporation; and 2. THAT the contract attached hereto as Attachment#1 form art of this By-law. P Y 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 - r 1223 i I r Attachment#4 ! THE CORPORATi6N, OF THE MUNICIPALITY 4F CLARINGTON BY-LAW 20.04- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at'132 Church Street, Bowmanville, ON. 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, -Clarington, and Oshawa Clarington Association for.Community Living, of Oshawa , Ontario, and said Corporation; and 2. THAT the contract attached hereto as Attachment#1 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- da Y y p y of , 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1221 rr Lcadisg the Way REPORT CORPORATE SERVICES DEPARTMENT,, Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Dater February 23, 2004 Resolution #: Report#: COD-009-04 File#: By-law#: Subject: Backyard Festival Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-009-04 be received; 2. THAT due to significant financial constraints the Backyard Festival be cancelled for future years; and 3. THAT the decision regarding increasing participation in the Orono Fair be deferred; and 4. THAT the Backyard Festival Planning Committee be advised of Council's decision, FORTHWITH, Submitted by f Reviewed b . = ie Marano Franklin Wu Director of Corporate Services Chief Administrative Officer MM/jc ca 1225 REPORT NO:: COD-009-04 PAGE 2 I BACKGROUND 1. The Back and Festival val began as a millennium project and has continued since .,-o that time. Despite varying weather conditions, the event has grown from approximately 1,000 spectators in 2000 to approximately 15,000 spectators at the 2003 event. This year, 2004, would be the event's'5th anniversary as a Clarington event. 2. The purpose of this report is to review the overall budget associated with operation of this event. EXPENDITURES Fireworks (set budget) $25,000.00 Main Stage(rental/Town of Ajax) $ 1,500.00 Promotion Posters(designed/printed in house) N/C. ' Television advertising (part of CHEX agreement) N/C Canadian Statesman (Page 2) N/C Single Page pull-out—Clarington This Week $ 2,500.00 Bag Stuffers (Loblaws) N/C Clarington 2004 Visitors Guide N/C Spring Community Guide N/C www.clarington-tourism.ca N/C www.municipality.clarington.on.ca N/C ,Medical Attendants/Paramedics Durham Region EMS ((91.00/hr x 5 hrs) $ 455.00 Private Operator(non-transport capable) $ 400.00 St.John's Ambulance (donation) $ 200.00 Entertainment Mature Audience $ 5,000.00 Kid's Entertainment $ 2,500.00 Souvenirs (glo-sticks) $ 1,500.00 Event Trailer/Stage $ 1,000.00 Additional Restrooms (30 Q $80/unit) $ 2,400.00 Wages(setup/co-ordination—overtime only) $ 3,000.00 TOTAL $45,455.00 1226 REPORT NO.: COD-009-04 PAGE 3 ' r REVENUES Corporate Sponsorships (cash or in kind)' $ 7,500.00 Community Hero Sponsorship ($ 150/business) $ 7,500.00 Souvenirs(glo-sticks, old stock) I ' $ 31000.00 Food Vendors (Q $50p:00 per) I $ 2,500.00 TOTAL $20,500.00 4 NET COST OF EVENT-estimated $24.9 1 55.00 3.0 SPONSORSHIP 3.1 Where ever possible, the BYF Committee tries to keep event costs low by asking the local business community for support in the form of services and/or money. The Committee's general theory is that we provide high profile advertising to the businesses who participate in exchange for their support. w For example, the Municipality runs a fundraising thermometer on page two of the Canadian Statesman. This runs from the time the business signs.on to the Wednesday prior to the event date. The larger donors have their logos included on all-promotional material (broadcast and print) as well as on the Municipality's web sites. At the event, signage is posted recognizing the contribution of all event sponsors and following the event, a large thank you is published on page 2 of the Statesman. 3.2 In the past, Ontario Power Generation has provided assistance with the entertainment aspect of the event. Evergreen Farm and Garden has provided the event with two gators which are used to transport volunteers and equipment around the site. Canadian Waste has provided the large garbage bin for the event clean up. The recreation vehicles used as the event headquarters and the area reserved for the performers were sponsored by Owasco. 3.3 Within the municipal organization, the Operations Department has assisted by scheduling staff to deliver event equipment including snow fencing (for shoot area); picnic tables, and additional garbage receptacles. Operations 1221 REPORT NO.: COD-009-04 PAGE 4 also delivered the gators from Evergreen to the event site and returned them following the event. The,Firs and Emergency Services Department not only provides a representative to the Planning Co �mittee but it also provides the Fire crew that stands by at the fireworks shoot area. Durham Regional Police Services, both regular and auxiliary officers, have also been on hand to assist with traffic considerations entering and exiting the, site. These services, considered sponsorships, were provided without charge to the event and were recognized and thanked in the same way that other sponsors were. 4.0 CONCLUSION 4.1 Community pride and spirit is alive and well in Clarington and the Festival celebrates that by putting on a show for the people. The program boasts a significant number of corporate sponsors and Community Heroes who have supported the program since it began in 2000. The event also provides the opportunity for the Municipality and its partners to help a local charity or not- for-profit organization that provides services/programs in the Municipality. Traditionally, a per vehicle charge (it was $2.00/vehicle until 2003 where it became $5.00/vehicle)was collected. The proceeds benefited a local charity/not-for-profit agency that provided services and/or programs in the Municipality of Clarington. To date the event has provided support to Bethesda House, Big Brothers & Sisters of Clarington and the Clarington Youth Advisory Committee. There is the opportunity, however, to redirect some of these funds to offset the cost of the event. 4.2 As with any investment opportunity, Council is concerned about the event's return on investment. Perhaps, unfortunately, the Municipality's return on investment with the Backyard Festival is not fully realized in actual dollars and cents. The citizens of and visitors to Clarington get an exciting family event and fireworks display that does not cost them a fortune to enjoy. Local not-for- profit/charity organizations get a small donation that hopefully helps them to continue providing services and programs in this community. The 1228 REPORT NO.: COD-009-04 PAGE 5 Municipality's return is the positive contribution it has made, as the leader of the event, to the overall spirit and pride of this community. I 4.3 The Municipality experienced an unfortunate incident of a child taping ill at .,.the 2003 event. The Municipality conducted a thorough review, and although it did not contribute to the situation, consideration was given to raising the bar with respect to the funding of the event. The budget identified in the report supports the event with additional cost attached to paid ambulance and additional co-ordination support. The extent of heightened security and crowd control was discussed with the local Durham Regional staff, and they concur with the identified budget and their support of the program. However, the Municipality is at a stage of its growth, and the event has evolved to become equivalent to any major city event, that there may be pressures experienced in 2004 that have not been anticipated or experienced.to date. As such it is recommended that a contingency allowance of$50,000 be provided for if the 1 event is to continue in 2004. If the funds were not required in order to host the, , event, they would not be used or built into the future event budget base. 4.4 The Municipality is faced with a difficult budget challenge in 2004, and the question of the continued involvement in the event with a contingency for unanticipated cost is unavoidable. The event is such a popular and well supported event by Council, the community and staff, who for the most part are volunteering their time with no compensation, the ideal recommendation is to continue with the event. However recognizing the fact that budget constraints are so significant Staff has no choice but to recommend that Council cancel the event for future years. 4.5 As of the writing of this report, the.Committee has suspended all activities until Council has made a decision regarding the future offering of this event. 1229 REPORT'NO.: COD-009-04 PAGE 6 5.0 ORONO,FAIR SUPPORT OPTION Council's original request was to include information pertaining to the Orono Fair with this report on the Backyard Festival. There i� a sense of urgency to make a decision about the Festival since there are agreements for fireworks, entertainers and the'site are pending. Unfortunately, information and numbers for the Orono Fair were not available at the time of writing this report. A subsequent report will be submitted to Council as soon as the required information is available. It is anticipated however, that the popularity of,such a sponsorship could lead to similar considerations or risk associated with escalating cost due to popularity; potential increased expectation of Municipal responsibility for the cost and liability of the event. The difficulty for the Municipality seems to be that there is a risk of becoming'victims of one's own success in sponsoring and supporting events such as these. , CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET; BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-6506 ' 230 Leading the Way REPORT .11 , FINANCE DEPARTMENT Meeting: GENE RALP,URPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, FEBRUARY 23, 2004 Resolution #: Report#: FND-003-04 File #: By-law # Subject: 2002 AUDIT MANAGEMENT RECOMMENDATION LETTER Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT FND-003-04 be received; and 2. THAT the recommendations n and actions identified in the body of this report be endorsed. Submitted by: Reviewed by: r w� Tayl r, .B.A.,'C.A. Franklin Wu Director of Firfance Chief Administrative Officer r NMT/LB/hjl 13 011 REPORT NO.: FND-003-04 PAGE 2 Background and Comment: At the October 20, 2003 meeting, Council approved report FND-023-03 for the; appointment of Auditors for the 2003 year-end audit and received a copy of the,2002 Audit Management Recommendation letter. The Management Recommendation letter was referred to Finance staff to review and report back to Council. A copy of the 2002 Management Letter is attached marked Attachment "A". 1.0 Financial Statement Preparation/Audit Preparedness -The auditors commented on the improvement in efficiency of executing the year-end audit'due to the efforts of the Municipality's staff. The auditors urge staff to continue to streamline the year-end reporting process in future years. The Acbounting staff members take this responsibility seriously and will continue to look I for ways to enhance the year-end procedures. 2.0 Internal Audit Function-Risk Management—The auditors recommended the Municipality consider the cost\benefit relationship of establishing an Internal Audit , department that can perform regular tests on internal controls and other "business risk" areas and highlight areas where improvements can be made to various aspects of the Municipality's operations. A well-positioned Internal Audit department can support the municipality in its efforts to optimize risk management. The addition of an Internal Audit position is a long-term goal the Finance Department would like to pursue in future budget years. To help address the issue currently, the Finance Department currently utilizes its existing staff to perform tests of internal controls and suggest improvements where required and as time allows. 3.0 New Financial Accounting Software —The auditors commented that the Municipality's 2003 audit will include a data conversion assurance review to assess the completeness and accuracy of the data conversion.to the new system. Our implementation team has duly noted the auditor's comments and will work in co-operation with the auditors'to meet the audit requirements. Conclusion and Recommendations: In summary, the audit recommendations made in the 2002 Management Recommendation letter have been received as constructive comments and an effort has been made to implement the recommendations that are feasible and cost effective at this time. Attachment "A"— 2002 Management Recommendation letter CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 +r 130 ? Deloitte&Touche LLP 5`140 Yonge Street.Suite 1700 Toronto,ON M2N 61.7 Canada . Attachment"A" Tel:(416)6016150 252 Deloitte „ Fax:(416)229 2524 www.del°itte.ca &Touch e August 28,2003 Mr.John Mutton Chief Executive Officer Corporation of the Municipality of Clarington Municipal Offices 40 Temperance Street Bowmanville ON L1C 3A6 0. Dear Mr.Mutton: We have completed our examination of the consolidated financial statements of the Corporation of the Municipality of Clarington for the year ended December 31,2002. In addition to our audit report on the financial statements,we would like to provide the attached management comments for your consideration. These comments were reviewed with management. As part of our examination, we reviewed the Municipality's systems and internal accounting controls to the extent we considered necessary to make an evaluation of such systems and procedures in accordance with Canadian generally accepted auditing standards. Under these standards, the fundamental purpose of the " evaluation is to establish a basis for reliance on the internal accounting controls in determining the nature, extent,and timing of other auditing procedures which are necessary for the expression of an opinion on the financial statements; it is not to determine whether internal controls are adequate for management's purposes. While the audit did not include an in-depth evaluation of all systems or all aspects of any individual system. we undertake to report any internal control matters which come to our attention during the audit. Our comments and recommendations are set out in the attached report. t We would be pleased to discuss our recommendations and provide any assistance you may wish in their implementation. We would also like to take this opportunity to thank your staff for their excellent co-operation and assistance throughout the audit. Yours very truly, �P Chartered Accountants Enclosure Deloitte 7 5 +4r Tohmatsu J r CORPORATION OF THE MUNICIPALI OF CLARINGTON Management Letter For the year ended December 31,2002 Page I of 2 1. Financial Statement Preparation/Audit Preparedness Observation: The financial statements)for the Municipality and related audit working papers were well d P tY g P� Prepared an substantially completed this year when we commenced the final audit. Although a few late changes were required to be made to enhance financial statement disclosure,we noted a significant improvement in the efficiency of executing the related year-end audit. We commend you on your progress and urge you to continue to streamline the year-end reporting process in future years.; 2. Internal Audit Function-Risk Management Observation: These are challenging times for local governments. The Municipality is required to operate in an environment of constant change. In addition to the ongoing challenges provided by the devolution of services by the Province of Ontario,the Municipality finds itself faced with challenges related to:need for urban and development planning, need for alternative service delivery mechanisms,changing demographics,a growing population,small non-residential tax base,and the attraction and retention of talented staff. There is a need to deliver the service and programs demanded by residents,'while demonstrating efficient,effective and accountable government. In this environment,there is a requirement to take a more proactive approach to the management of risk,ensuring that an appropriate control environment is maintained and that key business risks are identified and addressed as changes in the internal and external environment occur. An internal audit function is one response to the requirement to become more proactive in risk management activities,especially during periods of rapid change such as the Municipality is experiencing. There is value in having a strong risk management focus that is enabled through an internal audit function- a function that understands the various stakeholders and their differing needs -a function, which recognizes the necessary balance between creating stakeholder value and protecting stakeholder value. Internal audit needs to partner with management in proactively managing key business risks and providing high-quality service in a cost-effective,non-intrusive manner. Moreover,during our audit of the Municipality, we review and test the financial systems and related controls. However,our examination is performed on a test basis, and would not necessarily bring to light all weaknesses in internal control and management information which would be detected if an Internal Audit department is in operation. 1 301 CORPORATION OF THE MUNICIPALITY OF CLARINGTON Management Letter For the year ended December 31,2002 I Page 2 of 2 2. . Internal Audit Function-Risk Manayement(continued) Recommendation: We recommend that the Municipality consider the cost/benefit relationship of establishing an Internal Audit department that can perform regular tests on internal controls and other"business risk"area and highlight areas where improvements can be made to various aspects of the Municipality's operations. A well-positioned Internal Audit department can support the Municipality in its efforts to optimize risk management. New Financial Accounting Software 3. General Comment We understand during the 2003 fiscal year,the Municipality will be commencing a financial systems implementation project. As part of this project we encourage the Municipality's management team to ensure that focused consideration is given to leveraging the new system in the design and implementation of appropriate internal controls. Although there is no impact to the 2003 fiscal year end audit,we will include in our scope for the 2004 fiscal year end audit an assessment of all changes to the overall internal control environment and perform appropriate testing of application level security and controls,business process controls,general computer controls impacted by the implementation. Also in 2003, we will be required to perform a data conversion assurance review to assess the completeness and accuracy of the data conversion to the new system as part of our audit scope. We would be please to provide your implementation team with a listing of our audit requirements around the new system to help ensure that they are considered during the implementation process. ' Ju5 HANDOUTS/CIRCULATIONS GPA Barrie, Patti From: Barrie, Patti Sent: Wednesday, February 18, 2004 10:59 AM To: Trim, Charlie Subject: Quintet Dog Park Association Charlie, I spoke with Marge Buck from the Parks and Recreation Department at the City of Belleville regarding the dog park. She advises that this is one of the best investments the City has have made. It has been very well received by City residents and tourists. The park is located right beside a large Ramada Inn and between their two harbours, so visitors to the Inn and the boaters in the harbour are large users of it. It was officially opened in October 2001 and is open year round. She indicated that the majority of the credit for the park goes to the Association. They approached the City with the idea and worked in conjunction with the City in implementing it. The City owned a large park area of which they designated a portion to this project. The City still owns the park and provides containers for the dog "dirt"to be placed in. They financed the fencing,which the Association agreed to payback over a three year time frame through various fund raising efforts. Their efforts were so successful that they were able to pay the City back in just over two years. The area is completely fences with a double gating system. The dog owners take their dogs through the first gate while still leashed, remove the leash, then they go through the second gate. The Association has people on duty to monitor the area to ensure that the dogs are well behaved and muzzled, if necessary. Ms. Buck advises that they have only had two incidents where the dog owner wouldn't listen to the monitor and they had to place a no trespassing order on the dogs so they are not allowed back. The City has erected a sponsorship board for advertising (pet food companies, etc.), which is maintained by the Association. The Association has now put a water container in the park so dog owners don't have to bring their own water. Their long-term goal, which Ms. Buck thinks is extremely ambitious, is to bring City water right into the park. (The park area was once used as a landfill, so this may impractical.) The Association is now hoping to expand the fencing area, and will be requesting additional financing from the City to achieve that. Patti L. Barrie Municipal Clerk • sa+bv a va a 4 u Home Welcome About Us Dog Parks are a rapidly growing phenomenon, this site is designed to provide a r Directions place for interested Dog Owners in Quinte and surrounding municipalities. Our site will be updated as we progress through the park development, please vi: Membership frequently. Newsletters Who's Who Registry Rainbow Bridge Sponsors Photo Gallery Ownership Tips , '-4 Links Quinte Dog Park Association c/o Quinte Conservation 2061 Old Highway#2,R. R.#2,Belleville,Ontario,K8N 4Z2 Designed by - cpmWebSolutions ' hq://www.quintedogpark.com/ 2/17/2004 ., rarc 1 Vl 1 1. i r Home Off-Leash Areas in the Belleville/Quinte Area About Us There are two off-leash areas in the Quinte region. The first is an off-leash trail Directions (affectionately called the "Pooch Path") at the Quinte Conservation area. The Po( not fenced, and is used by those who wish to hike with their dog. Be sure your do Membership get distracted by squirrels, rabbits, etc. and run away they could become lost. Newsletters For those who enjoy a more social experience, or whose dog cannot be trusted t( you, try the Quinte Dog Park at East Zwick's park. This is a three acre, totally fen Who's Who park with a double gated entrance for your safety. Be sure to take a plastic bag a Registry enter and help keep the dog park safe and clean. Rainbow Bridge . The Quinte Dog Park opened on October 20, 2001. The City of Belleville built the Sponsors for us with the requirement that the Quinte Dog Park Association pay for the cost fence. On Tuesday, October 15th, 2002 a cheque was submitted to Belleville Cit) Photo Gallery paying back the cost of the fencing in less than one year rather than the five year This was made possible by the active involvemnt of members in fund raising acti, Ownership Tips , Links Designed by cpm Web Solutions http://www.quintedogpark.com/aboutUs.php 2/17/2004 Cobbledick Road /Highway 2 Area Municipally Owned Land HK*MYAY 2 DONCA 1\ - W m� 1 MOC Property �g HIGHWAY 401 HIGHWAY i Lu , \ NI MISSION A Memorial Tree may be planted in memory of a loved one through this program regardless of when or where the death occurred, or where the funeral service was held. I envision that the NATIONAL MEMORIAL FOREST PROGRAM will continue for many years and our hope is that these living forests will be of comfort and benefit to us all. It is my hope that sharing resources of successful projects, especially those which are community and environmentally oriented, will help us to grow awareness, grow membership and grow funds for Lionism. Good Growing, For Sure! - PID Arthur Woods- - Elmira, Ontario, Canada - For more information contact: PID Arthur Woods 11 Nuthatch Place Elmira, Ontario N3B 3G5 CANADA Phone (519) 669-5101 Fax (519) 669-5618 NATIONAL MEMORIAL FOREST PROGRAM KIT Project of P.I ) Arthur Woods and The Elmira ;.ions Club ELMIRA, ONTi 7 ., •Mann se elgeliene si u01;euuo;ul;oe;uo0 'pefoid aqj glinn panlonul asogj azlu600aj nog(dlag of papnloui si aldwes y •sa;e3r;i:pa0 s�uawgsa��a� pue 6ul}eas '6ui6els jol suollsa66ns q}inn 6uole algellene We suoijejinul pue 'oisnw 'aoimas aldwes y -paaagwawaj 6uiaq asogj 10 sand aqj elejgalao pue JJonn alagl Aofua o; (4lunwwoo aql ajinul of suol-1 jol�}lunpoddo ue si slgl -Isaiol aq}le aoiivaS leuow@vj lenuue ue o} palliwwoo si gnlo m0 •suopsa66ns e3yuoS leuowaW aagloows uni loafoid jnoA @�ew dlaq o} papnloui aae (sanlasjno sanssi nnal a 6uineq ja4e) sanbeld aweu uo sd11 -passnosip aje suoilseb6ns eoueueluiew dn-nnollol PUB sluawailnbei leuajew 'sawl lueld 01 nnoH •aoinpe leoiuyoal 'D88 a glinn pua saiped aoueualuiew Alq}uow ino 'sjagwaw gnlo anon(aol unj saiped �aonn anon( ajeW •uor;euuo;ui wed)poM '000,1 jano seq nelsaa8 pue s99.4 06 seq WILDS 'aleos a6jel pue clews a q}oq }e sVonn wei6oid aq1 •swejBo.id ln;ssaoons onn;;o tiewwnS iIA WMIJOW 1SMJOJ IVNOIN3W IVNOIiVN 3H-,L anJaE3 aA& -Aliunwwoo jnoA jo sjegwew pue suoll Ised jo sauowaw eqj 6uijnouoq aligns A4!unwwoo most of GOINGS a apinoid pue ssauaieMe Apunwwoo aseajoui o} gnlo.inoA joj p0419w uanojd a sia}}o VWHOOHd 1SEMW IVIUOW3W aql 'sapinoid wei6oid sigj jegj saipunpoddo bulsieipunj aql qpm 6uoly eno �:InoA Ol SIIJ3N38 -sloafoid esegj uo auop Apeeile �Jonn aqj woj j lgeuaq ueo gnlo jnoA}eql adoq Aw si }I -Iuawliwwoo PUB goJeasai '6uiuueld saalnbai 103f' W -M3 AOd -NNOW3W e 'sloefoid alignng}jonn Auew 9�!-j -sloefoad paluaijo AIle;uawuoJlnua pue �4iunwwoo gbnoagl julds gnlo alowojd leq} sassaoons Alleogpods 'sassaoons ano buljegs g6noagl lgauaq am legl sjagwnu ano ui osle si 11 -jo pnoid aq of gonw os aneq ann 'epeue0 sso.aoe suoiq 000'£i,nano ql!M �Wb'100W IVNOIIVN V AHM -awoo 01 suoileieua6 COI JuawuoJinua aapaq a samsse osle }nq 'auo panol a jo tiowaw aqj of ainglal lueolllu6ls a sAed Aluo jou WVI1OO2Id 1S3210d WWOMIN aul 'SNIODO 3NO M3N b 'SOND 9JI-1 3NO Sd -ssol a pajagns aneq ognn asogl o} 6uiueew pue:polwoo;o aoinos e aq Minn saaa}asagl -6uiuuibaq nnau a g6nojgl alnqul 6uing a bUIJE Wo PUB adoq;o logwAs a 6uilueld aje noA 'auo 6ullueld Aq pue A4i1igejnp pue jallags 'glbuajls sezilogwAs @ail a41 -A4!unwwoo anoA wojj uezilp pool a Aq pa}euop jo jo tiowaw w aq Minn}sajo; lein;eu sigl ul Gail goe3 IVI�JOW3W ONlnl-I V -oue;u0 'nelsaa8 ui aalua0 buiuiejl apm0 boo epeue0 jo uoi;epunod suol-1 ag}le pue oueluO 'eJiw13 'gnlo awoq Aw ui ssaoons leaj6 paAofue seq weJ6oJd aql -aaj} a 6wlueld Aq 'Aens leloads a ui 'auo panol a 10 a;il eqj aaejowawwoo of 14!un:poddo ue apinoid o} si Wb'80M]d 1S3210d IvWov 3W eqj jo asodmd aq1 I Mv`e T D 02id isDbo=l IHINOW3W �VNOUVNEIH-L EL.MIRA LIONS CLUB PLEASE RETURN APPLICATION TO : Elmira Lions Club P.O. Box 332 Elmira, Ontario N3B 2Z7 For more Information Please Call: (519) 669-5101 or (519) 669-8091 How to Order: * Please fill out the attached application form, detach and return it to the: Elmira Lions Club, P.O. Box 332, Elmira, Ontario,N3B 2Z7. * The current cost to have a tree planted is S 100.00. A larger tree can also be obtained at additional cost. * Cheques must be made payable to the Elmira Lions Club Memorial Forest. mission: A Memorial Tree may be planted in memory of a loved one through this program regardless of when/where the death occurred, or where the funeral service was held. We envision that the Elmira Memorial Forest will continue for many years and our hope is that this living forest will be of comfort and benefit to all. Elmira Memorial Forest Snyder Avenue North Elmira Sponsored by ELMIRA LIONS CLUB Elmira Lions Club P.O. Box 332 Elmira, Ont. N3B 2Z7 (352lo3 licuouiaw gnlD suot7 gnwig aul of olggAvd opvw onbago) :pasoloua onbogZ)3o lunowV wo.13 P.M:) UBIS ':apoD lg)sod :ssa.tppv :auxeN :o) p.Juj lopowaw pua5 WOW Islsod :ssa.tppv ^:auxel\l :xouoa T'Rou JO aleQ (onbgld uo=ddr ox It gsuri noA su Xllogxa oumu luud osgald) Jo A.xout.IW ut IguouxaIN Sutntl 'V arrlo SNOrl VUIW-3 AS pa.wosuodS '=V aql of antlgU saatl asooga jltnn oqx gn11 suotl gatugg agl Aq Alolos pautuualap are sao."agl jo U011vool pug soloods agy„ •lgnptntpui uo jo A.toutaw ut pstugld oq ugo=1 auo ump oloIN . -algdtotlird of paunui st auoAiang •suot-I of palatwj loft st uwj$oxd snIL auo panol.Itatp jo Ajotuaw ui paluvld aq lum aati g lgga But M pit3z)ivpo=w antaoai llim pasgaoap at{33o AIMM 3 atl.1,. aingoo�g aotn tag uotlg�you otp ut polstl pug aatl aqi lgau paxWlu aq limn pomoop agi3o owgu oqL „ Ipuallg of 1(g io3 undo aq Ipm aotnias st U •lsaiod lguoutay j oq4 wg sJoopino paianpuoo oq lltm aotn tas uotim p (i lgnuug ug imp pmmld st 11 . qnl:)suoi,I vjiwlg mpjo,tagwaw Aug g8ncugl pollu in oq Agut=n g jo Butlugld ag,I, . ••MouX Pl nods nOA .UoN anuanb.tapAuS wo.zj aligowolnu Aq su 110M su s)stloA01 pug simpm `sia5llum ,xo3 olgiss000g AItsgo st It `ArmpV.iy nmau aql of Iuaosfpe polgool si 1! asnsoog •q:poN onuany .iapxus 3o Isgo A1218ipauxutt AsnnlistZ 25pu9 SutssrA aql Jo Opts glxou aql uo palsaol st Isaxod lgtxouIQW g.mulg ai1,l, •L661 ui Armu passed olM Ap81 snoiouoS Aian pue umoun Ilom g `aasow avW jo fjowaw ui gn1D suo!-1 gnugg all Aq polusld sum oaq )snj oqs •posswdxo uaaq ssq Isa.xalut IgaA pug 6661 `1 .iagwoldoS uo polstltut sum ureigoid aqi •auioo oI suotluiauaW JOI)uawuo.rinua jouaq g samssu oslg Inq `auo panol jo fjowaux aqi of oln%4 Iusoij!uSts g sAud Aluo IOU wei30 xd Isa log Iguoui W OIL •suiSoq alt1 mou g `spun a3il auo sV •ssol g paxaljns aneq oqA% asotp o) Butugaar pug uojiuoo jo aomos g ag IIiM)1 a)ngt u gutntl s pug Sumw9oq Mau g 3o USts s `odoq 3o logwAs u st)t 00.4 8$ut)ugjd AS -fj! igg.mp pus la)lags `gl8ua4s smlogwAs as q y •uaztlto Ig301 u Aq polguop jo jo Ajowaut U! oq Ipm Isatoj ls.m vu sill ut ooA goug lt:lanrttal;�{ 'ItIIAI--j y —ao q a Rup uld Aq `Aum Istoads g ut `auo pan01 v jo 23il aq) alglowawwoo of ,4turWoddo uu apino id of st umigo.cd Isaaog lsuowapq ino jo asodmd aqj )"Jo l lntJoru N VJ1ar1� ipasunld aq vw-q a yl 11161 a.ra qM ;W.10 I 1aljowam b,rltaIJ The Plaques The plaques are attached to stands made of stainless steel. We use bolts to fasten the plaques, although glue could be used. Our experience is that when donors see the plaques for the first time (often at the Dedication service), they wish to change the spelling and/or wording. For this reason the bolts seem to be better as they can be easily removed. Our stands are manufactured locally to our specifications, and would be available at a modest cost. e � � � 1 t P.I.D. Arthur Woods — Elmira Lions Club — Memorial Forest Project The Elmira Lions Memorial Forest A tree has been donated by (Name) to commemorate the life of (Name) `3 131mio-a bow Oub PRESSRELEASE 60`'Anniversary D-Day Tour. • Port Perry High School • (905) 985-7337 • Fax (905) 985 - 8323 For more information contact : David Robinson(905) 985- 7337 Email : robinson-david@durham.edu.on.ca FOR IMMEDIATE RELEASE �Durh %Students Make History! 152 Students,teachers,and family members from Port Perry High School,Courtice High School and Whitby's Anderson Collegiate will be traveling to Juno Beach this coming June to not only celebrate the 60" Anniversary of D-Day-but to make history. The students will be creating a"We Remember" Time Capsule, that has received official permission to be enshrined at the recently completed Juno Beach Centre in France. This event will command worldwide attention as reporters from around the world will be in attendance. All elementary and secondary schools in Durham will be invited to create their own"We Remember"CD-ROM that will be sealed within this time capsule. The"We Remember" Time Capsule project is being spearheaded by Nancy Hamer Strahl of Port Perry High School and Scugog Township Councillor Lynn Philip Hodgson. The 60`h Anniversary D-Day Tour which begins in England and finishes on Juno Beach on June 6`h has been organized by David Robinson of Port Perry High School to augment the Canadian History course for Grade 10 students. The Tour which has been in the planning stage for two years and has 82 travelers from Port Perry registered. Mike Strahl of Courtice H.S. is the co-ordinator for the 46 participants at his school and Brent Birchard of Anderson C.V.1. is the co-ordinator for the 24 participants at his school. With this year being the 60th Anniversary of D-Day and interest in Canada's military history is at an all-time high,the tour organizers have also put together an outstanding 1160"Anniversary D-Day Guest Lecture Series" for the general public to attend. This series will take place at 7:00 pm each night at Port Perry High school on the following dates and feature the following special guests and presentations. Tickets are$10 each night or the series for$35. February 25" : "The Story of Camp A"-Guest Speaker Lynn Philip-Hodgson,Author Camp X Series &"Defendo-Martial Arts Training for Spies"- Guest Speaker-Robbie Cressman March 24 :"Canada's First Paratroopers" Guest Speaker-Jan DeVries, President 151 Canadian &"The Quest for the Juno Beach Centre" Battalion Assoc.&Director J.B.C. April 21 :"Camp 30: Durham's German P.O.W Camp" Guest Speaker Lynn Philip-Hodgson May 19 :"Canada&the Defense of Hong Kong" Guest Speaker-George MacDonnell, Author &"Enigma-Understanding the secrets of the Code" Guest Speaker-Nick Ziemnicki,Author There will be a`PRESS CONFERENCE'on January 22 at 2:30 p.m. in the Port Perry High School Library to reveal exciting details about this exceptional"One-of-a-kind"historical project. Special guests in attendance at this meeting will be :Mayor Marilyn Pearce,Scugog Township; Deputy Mayor Ken Carruthers,Scugog Township; Mayor John Mutton,Courtice;Mayor Marcelle Brunelle,Whitby;Alex Shepherd, M.P. Durham;Judy Longfield, MP,Whitby ;John O'Toole,M.P.P.,Durham;Jan DeVries,President V Canadian Battalion Assoc.&Director J.B.C; Nick Ziemnicki Port Perry High School • 160 Rosa Street • Port Perry, Ontario •L9L IA 1—� ngland & F D-Da 60`''Anniversa Tour June 2004 Issue Number 1 DAY 4-June 2nd - ON TO NORMANDY *Transfer via Brighton&New Haven * We will travel DAY 1 -MAY 30`h -DEPARTURE Overnight through the English southern towns of Winchester and Flight to Great Britain* Our bus picks us up at school and Portsmouth en route to our ferry to Dieppe, France. Takes us to Pearson International for our flight to England. *Day Ferri)to France* Enjoy the brisk sea air as we travel to Dieppe. DAY 2 -MAY 31" -LONDON Welcome to Dieppe! Dieppe is famous for its harbour, where the first docks were built in 1839. On August 19, *Arrival in London* Touch down in London,Europe's 1942,Dieppe was the main target for Operation Jubilee. largest city. After clearing customs,we are greeted by our Six thousand men,5,000 of whom were Canadian, landed EF Tour Director(s), who remain with us throughout out on the coast;2,700 Canadian soldiers were casualties- stay. A private motorcoach takes us directly to Bletchley Park. dead,wounded or captured. A guided tour of Dieppe and a After our tour and our lunch the bus will take us to our visit to the Canadian War Cemetery. We will spend the night in Paris Region. hotel for check-in. *EF Walking Tour of'London * Stroll through the heart of DAY 5-JUNE 3'd -PARIS London on our EF walking tour,which begins along the *Guided sightseeing of Paris"* Discover the city on the banks of the River Thames. As we walk along the ancient Sienne: from the imposing Arc de triomphe, embankment,note that all these shadowy waters gave the commemorating Napoleon's Grande Armee,to the tle de la city its name,derives from Llyn-Dyn,Celtic for"city of the lake". Pass the home of writer, Rudyard Kipling, walk Cite,birthplace of Paris. We will take a drive down the along the Strand, and see the spot from which all distances elegant Champs-Elysees. Pass the Conciergerie. where from London are measured. Enter Trafalgar Square prisoners of the Revolution, spent their final days,and see(stepping amidst the world's most famous pigeons)and Les]nvalides, Louis XIV's grand retirement home for wounded soldiers. We'll also see the Ecole Militaire, pause at the Nelson Monument,a symbol of Britain's once w unrivalled naval power. Continue on to Leicester Square, here Napoleon graduated to Lieutenant and was told he'd where duellists once fought to the death,Then saunter go far if circumstances allowed. Next,a photo stop at the Eiffel Tower,to marvel at the through London's tiny Chinatown, in colourful, 6,000 ton centerpiece for the 1889 World's Fair. Learn cosmopolitan Soho. Our walk ends at the chic Convent why this impressive ,yet controversial symbol was spared garden,where street performers(buskers)and stylish the wrecking ball in 1909. *6'isit to Notre Dame passers-by amuse the lively crowds. Cathedral* Victor Hugo once described the sculptured fagade of Notre Dame as "a vast symphony of stone". DAY 3 -June V -LONDON However,had it not been for the creation of his famous *Guided Sightseeing Tour of London* Our professionally hunchback.Quasimodo,the cathedral might never have guided tour takes us past the major landmarks of England's returned to her former glory. Hugo's novel, "The regal capital. Enjoy a photo stop at Big Ben&the Houses Hunchback of Notre Dame(1831) ",helped inspire a 23 of Parliament. Pass Picadilly Circus,Trafalgar Square, year restoration of the cathedral that began in 1841. See Whitehhall, Downing Street and Hyde Park,the "lungs of the stained glass rose windows and seemingly weightless London". We'll also see the changing of the guard at vaulted ceilings. Built between 1163-1361 over the Buckingham Palace. If the Royal Standard flag is flown at remains of a roman temple, it was here that Joan of Arc full mast,the Queen is in residence. On our tour through was tried in 1455,and Napoleon crowned himself Emperor the city of London,the metropolis' one square mile core, in 1804. After dinner,a boat ride on the Seine. we'll learn about London's great fire of 1666 and visit St. Paul's Cathedral. Learn about the terrible effect of the DAY 6-JUNE 4"' -VIMY RIDGE & PARIS nightly bombing by the Germans on war time London. We'll experience an interactive show on this destructive Breakfast on the bus,as we have an early departure this and terrifying chapter of British history. Tonight after morning on our trip north to Vimy Ridge. dinner,a walking tour with the"Jack the Ripper&the ghosts of London". ��be Vimy Ridge parkland, (the surrounding 100 hectar was given to Canada by France in 1922, in 2 D-Day 60th Anniversary Tour June 2004 Issue Number I gratitude for sacrifices made by Canadian troops in DAY 8 -JUNE 6T" -NORMANDY capturing Vimy Ridge in April, 1922. This memorial was This morning we will be attending the 60`"Anniversar\ of built by the people of Canada,as a tribute to their D-Day ceremonies at the Juno Beach Centre. We will countrymen who fought in the"Great War"and, most likely be going to Caen first,to meet our military particularly,to the more than 66,000 men who gave their check-in and official shuttle transportation to the site. (A lives. A guided tour of the monument and the tunnels is detailed schedule will be finalized in April/May) Security planned. Pay your respect to the Canadian Expeditionary will be very tight throughout the entire Normandy Region Force,part of the British 3`d Army. The memorial grounds as most of the world's political leaders will be in are covered with shell holes and the remains of trenches. attendance. At the J.B.C., our Queen and our Prime After our tour,we board the bus and head back to Paris. minister have confirmed their attendance. We will be We will stop for lunch on the way back. issued official identification badges for access to the J.B.C..and Normandy area. (These passes are not being *Visit to the Louvre* Built to defend the city in the 13" made available to the general public) Century,the Louvre safeguards the world's greatest art collections. Enter the museum through the world- After lunch we will make our way back to our tour bus so renowned architect I.M. Pei's 1989 modernist pyramid. that we can visit the breathtaking island monastery of Inside,discover priceless antiquities from Asia,Greece and Mont St. Michel,perched high on a granite rock and Rome. You will also see precious objects from the Middle guarded by quicksands and changing sides. If we are lucky Ages and the Renaissance,as well as paintings from the we will get to taste the area specialty-crepes. European masters, including the Mona Lisa. After dinner,an *EF Walking Tour of Paris* A tour of the DAY 9 -JUNE 7TH - HOME _ chic Opdra district and the"haute couture"boutiques of *Return Home*Our EF Tour Director will assist us with Rue due Faubourg St. Honore. Stroll past the official our transfer to the airport,where we will check-in for our residence of the President of France and through the Place flight home. de la Concorde,the city's largest public square,built to honour Louis XV. The next Louis was not so lucky-he *Toronto Airport* -our bus will pick us up and return us was beheaded here during the Revolution,along with Marie to our school. Antoinette. Continue through the geometric gardens of the - Tuileries,as we make our way to Place Vend6me, a vast square wrapped in 17"century facades. Pass the Ritz Hotel at No.15. A.favourite haunt of Hemingway. Dinner and accommodation in Paris. DAY 7-JUNE 5h -NORMANDY Today we will experience a full day tour of the D-day Landing Beaches and a visit to the Beny Sur Canadian War Cemetery. After breakfast,our tour begins where the first shots were fired,at the crucial Pegasus Bridge. Continue to the British and Canadian Beaches, Sword,Juno and Gold,,on the way to the guns at Longues-sur-mer,the battery against which the HMS Ajax scored the luckiest and most accurate hit of the war. At Juno Beach,we will visit the newly opened Canadian War Museum. We will continue on to Caen where we will see Omaha Beach. This is where the Americans overtook the German fortifications after a stupendous fight. Losses were extremely high in the first wave of landings. At the cemetery,try to analyse the maps and imagine the courage of the soldiers. Pay your respects at the hundreds of crosses and stars of David i-- Page 1 of 1 Barrie, Patti From: Paul Schultz[pschultz63 @yahoo.ca] Sent: Monday, February 16, 20041:42 PM To: Barrie, Patti �I Subject: June 2004 England/France Trip (Port Perry High School anti Courtice S.S.) I To: Patti L. Barrie From: Paul Schultz (History Teacher, Courtice Secondary School) Hi, Patti: This spring, a group of students, teachers and parents will be travelling to England and France to join Canadian veterans of World War II in commemorating the sixtieth anniversary of D-Day on June 6th. As your schedule will indicate, a select group of students and teachers will be paying you a visit next Monday to brief you on the details of the trip (Monday, February 23rd at 9:30 A.M.) We thought it might be helpful to notify you of some of the trip's finer points before the visit next week. Our trip will include thirty-three students and ten adults (teachers and parents) from Courtice Secondary School. We will depart on May 30th and will return home on June 7th. The D-Day anniversary will represent the highlight of our adventure, but we will also have the opportunity to take advantage of our location to appreciate a rich array of additional historical experiences. These will include a guided sightseeing tour of London, a stopover at Dieppe, a guided sightseeing tour of Paris, and a visit to Vimy Ridge, before our trip climaxes on the beaches of Normandy. Please share this information with your colleagues on Clarington Council. Thank you for your interest in our trip; the students are looking forward to their visit with you next Monday. Sincerely, Paul Schultz Post your free ad now! Yahoo! Canada Personals 2/16/2004 Ir REGIONAL DISTRICT OF CENtML OKANAW Parks for Paws Pawsitive Developments „ What are Parks for Pawsr An initiative by The City of Kelowna Parks and Leisure Services Department and Regional Parks in consultation with the community, to provide areas where dogs may exercise on or off-leash. Dogs must be under the control of their owner at all times, and owners must clean up after their dog immediately, otherwise be subject to fines. All well behaved dogs are welcome, provided they bring a responsible owner. Responsible Owner • Stawp;/ t000i Use recycled plastic bags to pick up after your dog...better still, help refill bag dispensers in your approved dog park. Others will follow your leadl Offer a bag to an owner who is not picking up after their dog. Clean up after irresponsible dog owners and report them or their vehicle license plate number to Dog Control at 860-9322 or City's Bylaw Enforcement at 862-3361. • ?tiraln YmK Dog to respond to your commands, whether on or off-leash. Other dogs and children may not appreciate aggressive advances by your dog. • License Yow Doh. Only licensed dogs are permitted in designated dog parks. Dog licenses can be purchased at the Regional District offices on KLO Road, as well as at other local government offices and specific retail outlets. Cali 763-4918 for more information. • Vaocinations...keep your dog healthy by kawnina vaccinatinns nin-tet-data- NoM OParics. Cyclists, skiers, walkers, bird watchers and joggers have a right to enjoy clean, safe parks too. • Leashes. in an on-leash park, a leash cannot be longer than 2 meters (6 feet). Keep your dog on a leash even in off- leash parks if you cannot control your dog at all times. • Pin nde...you are not allowed within 10 meters (30 feet) of any playground equipment with your dog. • sous Dons...a dog whose owner has been convicted of harbouring a vicious dog is prohibited from all parks. Irresponsible Ownership There Is a maximum fine of $SQA'" for any person not complying with any of the previously-mentioned responsibilities. Help Us Keep Running Happily + D9MdJMs: Signage, brochures, plastic bag dispensers and garbage bins, must be financed through private donations and sponsorships...we are grateful for anything you may be able to contribute. • ' ! Menlftrs: All parks require at Do you have a special on or least one person per site to refill bag dispensers, monitor the site, and schedule volunteer clean-ups. If you are a regular user, here's a meaningful way to meet lots of great dog owner's and ensure the success of Parks for Paws! • CQnttllittee Members: Our volunteer advisory group is committed to maintaining safe, clean parks; resolving user conflicts; fundraising, education and clean-up campaigns; and promoting responsible dog ownership. Volunteer time investment Is about 3 hours per month. AND WE NEED REINFORCEMENTS TO ENSURE GROWTH AND SUCCESS. • 8e! sift Dog Ownersldn: Please help us and all local dogs by cleaning up and encouraging other dog owners to be responsible tool These specially designated parks were created to meet the needs of our community...but the continuation and growth of these sites depends on youl off-leash park that you would like to see improved? Your financial donation may be specifically designated for park bulletin boards, for the following purposes: 40 suggestion boxes 4i lost notices for dogs or articles left in the park 40 information on local park developments 40 seasonal clean-up dates 40 general information, special event notices (bike races, ski competitions, etc.) 0 business cards New Parks for Paws If you do not have a paws- friendly neighbourhood park, or have a favourite park you'd like to walk your friend in, please let us know. Our Sponsors 002-ra: This brochure was produced through the financial assistance of our sponsors. We would like to acknowledge their contribution to the program. 1 !_M41