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HomeMy WebLinkAbout03/08/2004 • (Lea in d g the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 8, 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 23, 2004 301 4. DELEGATIONS (a) Dr. Sarwan Sahota, President, South East Clarington Ratepayers Association, 4665 Lakeshore Road, Newcastle, L1 B 1 L9 - Report PSD-020-04 (b) Mrs. Bonnie McFarlane, 4548 Lakeshore Road, Newtonville, L1 B 1 L9 — Report PSD-020-04 (c) Mr. Glenn Genge, D.G. Biddle and Associates Ltd., 96 King Street East, Oshawa, L1 H 1 B6 — Report PSD-031-04 (d) Mr. Andrew Glass, Zellers Canada Limited, 8925 Torbram Road, Brampton, L6T 4G1 — Report PSD-033-04 5. PUBLIC MEETING (a) Zoning By-law Amendment Application Proponent: Municipality of Clarington REPORT PSD-027-04 501 r CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 r •r w G.P. &A. Agenda - 2 - March 8, 2004 6. PLANNING SERVICES DEPARTMENT (a) PSD-020-04 - Port Granby Project Community Advisory Committee 601 (b) PSD-027-04 - Rezoning Application to Implement Drive-Through Regulations for Aspen Springs Plaza Proponent: Municipality of Clarington 609 (c) PSD-028-04 - Monitoring of the Decisions of the Committee of Adjustment for the Meeting of February 19, 2004 615 (d) PSD-029-04 - Ontario Municipal Board Decision Committee of Adjustment Application A2003/022 Anita Wray and Vahid Sobhani 625 .ri (e) PSD-030-04 - Submission on Bill 26 —The Strong Communities. Act 2003 631 (f) PSD-031-04 - Official Plan Amendment and Rezoning Applications to Permit Commercial Motor Vehicle Sales and Service, Applicant: Tarola Enterprises Inc. 638 (g) PSD-032-04 - Application for Removal of Holding Symbol Applicant: Legends Consulting on behalf of St. Stephen's Estates Inc. 648 (h) PSD-033-04 - Rezoning Application to Permit Expansion of Zellers Applicant: Valiant Property Management 654 (i) PSD-034-04 - OMB Decision on Appeals by the TDL Group Ltd. 258 King Street East, Bowmanville 663 Q) PSD-035-04 - Confidential Report (To be distributed under separate cover) 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-09-04 - Monthly Report on Building Permit Activity for February, 2004 701 (b) EGD-10-04 - Clarington Transit Quarterly Status Report for Fourth Quarter 2003 706 .r G.P. &A. Agenda - 3 - March 8, 2004 8. OPERATIONS DEPARTMENT No Reports "M 9. EMERGENCY SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT •- (a) CSD-02-04 - 2004 Municipal Grants 1001 11. CLERK'S DEPARTMENT a (a) CLD-07-04 - Animal Services Statistical Report- November and 1101 December, 2003 r 12. CORPORATE SERVICES DEPARTMENT (a) COD-010-04 - Public Sector Salary Disclosure Act 1201 (b) COD-011-04 - Tender CL2003-33, Sydney B. Rutherford Trail " Entrance, Orono 1203 (c) COD-013-04 - Tender CL2003-36, Roenigk Drive and King Street West Intersection Improvements 1210 NM 13. FINANCE DEPARTMENT (a) FND-004-04 - List of Applications for Cancellation, Reduction, w, Apportionments or Refund of Taxes 1301 (b) FND-005-04 - Cash Activity- Fourth Quarter 2003 1309 a. 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT .w (a) ADM-02-04 - Municipal/Community Information Forum 1401 (b) ADM-03-04 - Health and Safety Committee 1404 Im 15. UNFINISHED BUSINESS -� 16. OTHER BUSINESS 17. ADJOURNMENT aw .. THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee February 23, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, February 23, 2004 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were Mayor J. Mutton Councillor A. Foster Councillor P. Pingle Councillor G. Robinson Councillor C. Trim Absent: Councillor D. MacArthur (on vacation) Councillor J. Schell (on vacation) Also Present: Chief Administrative Officer, F. Wu Manager of Transportation and Design, L. Benson Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Senior Planner, R. Holy (attended until 10:25 a.m.) Director of Operations, F. Horvath Director of Corporate Services, M. Marano Municipal Clerk, P. Barrie �., Clerk II, C. Verhoog Mayor Mutton chaired this portion of the meeting. r DISCLOSURES OF PECUNIARY INTEREST .. There were no disclosures of pecuniary interest stated at this meeting. MINUTES Resolution #GPA-083-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on February 9, 2004, be approved. "CARRIED" 3 � G.P. & A. Minutes - 2 - February 23, 2004 ANNOUNCEMENTS Mayor Mutton presented Peter Windolf, Manager of Park Development, Engineering Services Department, with a certificate for Certified Arborist accreditation with the International Society of Arboriculture (ISA). DELEGATIONS (a) Mr. Ron Hooper introduced Ms. Suzanne McCrimmon, Clarington Board of Trade, 181 Liberty Street South, Box 434, Bowmanville, L1C 3Z2 who gave a Power Point presentation on the accomplishments of 2003, including creating an online business directory, establishing working partnerships "i and building professional alliances. (b) Mr. Mike Strahl, Courtice Secondary School, 1717 Nash Road, Courtice, LIE 211-8, circulated a handout describing the details of a trip planned to attend the 60th Anniversary of D-Day. He introduced two students who each gave a presentation of the events that are planned for the tour of England and France. Mr. Strahl requested Clarington souvenirs to be handed out during the tour. A total of 152 students will be taking part in the tour, including 43 parents, students and teachers from Courtice Secondary School, Port Perry High School and Anderson Collegiate. A time capsule is being prepared with stories and souvenirs of veterans of World Ward II, which will be buried at Juno Beach on June 6th (c) Mr. Allan Brock, 160 Church Street, Bowmanville, L1 C 3K9, spoke regarding vehicles parking across the end of the driveway to his business. He has been expressing his concerns since the opening of the library and the situation has still not improved. (d) Mr. Terry Graham, Newcastle Lions Club, .. 20 King Street West, Newcastle, L1 B 1 H7, gave a Power Point presentation and distributed a handout on a proposed Memorial Forest and a fenced leash- ow free dog park. The purpose of a Memorial Forest is to allow people to commemorate the life of a loved one by the planting of a tree and the placement of a plaque. The fenced leash-free dog park would provide an area for dog owners to allow their dogs to G.P. & A. Minutes - 3 - February 23, 2004 DELEGATIONS CONT'D run free in a safe area with separate areas for large dogs and small dogs. The park would be paid for through sponsors and membership fees. (e) Mr. Rob Savage, 1385 Ovens Road, Newtonville, LOA 1JO, spoke regarding the 7-foot by-law restriction for fences in the agricultural area of Newtonville. Due to the noise from Highway 401, he has constructed an 11 foot fence along his property adjacent to the highway and requests that Council amend the fencing by-law to allow this. (f) Mr. Phil Diamond, Cardiac Care Community Advisory Group, 3 Carroll Street, Whitby, L1 N 7Y7, spoke on the group's efforts for increased cardiac surgical services for east Scarborough and all of Durham Region, in particular cardiac by-pass surgery. The two eastern cardiac centres currently available to Durham residents are in Kingston and Ottawa. The group would like Council to pass a resolution supporting their efforts and forward it to the Minister of Health and Long-Term Care, Minister George �. Smitherman and to John O'Toole, MPP. PUBLIC MEETINGS Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Zoning By-law Amendment Applications Applicant: Gold Farm/Mutt Enterprises Limited Richard Holy, Senior Planner, Planning Services Department, provided a verbal background pertaining to Report PSD-019-04. (a) Report PSD-019-04 - Gold Farm/Mutt Enterprises Limited - the purpose and effect of this application is to permit the development of a convenience store in addition to other permitted uses in the "Service Station Commercial (C7) Zone". No one spoke in opposition to or in support of this application. G.P. & A. Minutes - 4 - February 23, 2004 so PLANNING SERVICES DEPARTMENT Rezoning Appl. Resolution #GPA-084-04 Appl.: Gold Farm/ "d Mutt Enterprises Moved by Councillor Robinson, seconded by Councillor Pingle Ltd. THAT Report PSD-019-04 be received; 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 THAT all interested parties listed in Report PSD-019-04 and any delegations be advised of Council's decision. "CARRIED" Report PSD-020-04 was withdrawn from the agenda. Rezoning and Plan Resolution #GPA-085-04 of Subdivision Appl.: Syvan Dev. Moved by Councillor Trim, seconded by Councillor Robinson Ltd. (Foster Heights) THAT Report PSD-021-04 be received; 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 to Report PSD-021-04; ..r THAT the application to amend Zoning By-law 84-63, be approved and that the amending by-law, as per Attachment 4 to Report PSD-021-04 be forwarded to Council .. for approval; 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; THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at such time that the applicant has entered into a subdivision agreement with the Municipality; J J G.P. & A. Minutes - 5 - February 23, 2004 am PLANNING SERVICES DEPARTMENT CONT'D THAT a copy of Report PSD-021-04 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-021-04 and any delegations be advised of Council's decision. "CARRIED" Brookhill Resolution #GPA-086-04 Neighbourhood Design Plan Moved by Councillor Pingle, seconded by Councillor Trim THAT Report PSD-022-04 be received; THAT staff be authorized to prepare a Secondary Plan for Brookhill Neighbourhood and request proposals from consultants and report back to Council when considered appropriate; THAT a new urbanist approach be investigated for the design of the Brookhill Neighbourhood; THAT the Brookhill Neighbourhood Secondary Plan Study Area incorporate all the lands identified on Attachment 1 to .. Report PSD-022-04 including lands designated as Future Urban Residential; and THAT no additional Neighbourhood Design Planning Studies commence in 2004. "CARRIED" South Courtice Resolution #GPA-087-04 Business Park Study Moved by Councillor Trim, seconded by Councillor Foster r. THAT Report PSD-023-04 be received; 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 w .. 3 OW G.P. & A. Minutes - 6 - February 23, 2004 PLANNING SERVICES DEPARTMENT CONT'D .r THAT Staff be authorized to request proposals from consultants and report back to Council when considered .r appropriate. "CARRIED" ENGINEERING SERVICES DEPARTMENT . r Monthly Report on Resolution #GPA-088-04 Building Permit Activity for Moved by Councillor Trim, seconded by Councillor Foster January, 2004 THAT Report EGD-08-04 be received for information. "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 Amendment to Resolution #GPA-089-04 By-law 96-32 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ESD-004-04 be received; THAT Schedule D to By-law 96-32 (Attachment 1 to Report ESD-004-04) be amended to include the user fees charged for response to motor vehicle accidents for non-residents and false alarms; and THAT the by-law attached to Report ESD-004-04 be approved. "CARRIED" Monthly Response Resolution #GPA-090-04 Report — January, 2004 Moved by Councillor Foster, seconded by Councillor Robinson THAT Report ESD-005-04 be received for information. 1W "CARRIED" 3 rJ G.P. & A. Minutes - 7 - February 23, 2004 fft COMMUNITY SERVICES DEPARTMENT no There were no items considered under this section of the r agenda. Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT Confidential Resolution #GPA-091-04 Report - Personnel Matter Moved by Councillor Pingle, seconded by Councillor Robinson THAT the recommendations contained in Confidential Report CLD-006-04 be approved. "CARRIED" Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT Oshawa/Clarington Resolution #GPA-092-04 Assoc. for Community Living Moved by Councillor Trim, seconded by Councillor Pingle & John Howard Society Lease THAT Report COD-007-04 be received; Agreements THAT the Lease Agreement (Attachment 1 to Report COD-007-04) with the Oshawa/Clarington Association for Community Living in the amount of $10,904.25 per annum for one (1) year be approved; �. THAT the Lease Agreement (Attachment 2 to Report COD-007-04) with the John Howard Society in the amount of$10,904.25 per annum for one (1) year term be .. approved; and THAT the by-laws attached to Report COD-007-04 marked •• Attachment 3 and Attachment 4 be approved authorizing the Mayor and the Clerk to execute the necessary agreements. "CARRIED" ,. 3 i' G.P. & A. Minutes - 8 - February 23, 2004 CORPORATE SERVICES DEPARTMENT CONT'D Backyard Festival Resolution #GPA-093-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report COD-009-04 be received; THAT, due to significant financial constraints, the Backyard Festival be cancelled for future years; THAT the decision regarding increasing participation in the Orono Fair be deferred; and THAT the Backyard Festival Planning Committee be advised of Council's decision, FORTHWITH. "MOTION LOST" Resolution #GPA-094-04 Moved by Councillor Trim, seconded by Councillor Foster THAT the issue of the Backyard Festival be tabled for one week for staff to provide a report to Council on alternatives. "CARRIED" FINANCE DEPARTMENT 2002 Audit Resolution #GPA-095-04 Management Recommen- Moved by Councillor Pingle, seconded by Councillor Trim dation Letter THAT Report FND-003-04 be received; and THAT the recommendations and actions identified in the body of Report FND-003-04 be endorsed. Ud "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT •+ There were no items considered under this section of the agenda. + 9 G.P. & A. Minutes - 9 - February 23, 2004 UNFINISHED BUSINESS Resolution #GPA-096-04 Moved by Councillor Trim, seconded by Councillor Foster THAT Ron Hooper and Suzanne McCrimmon be thanked for their presentation. "CARRIED" Resolution #GPA-097-04 Moved by Councillor Trim, seconded by Councillor Pingle THAT Mike Strahl and the students be thanked for their " presentation and their request for souvenirs be referred to the Mayor's Office. "CARRIED" Resolution #GPA-098-04 Moved by Councillor Pingle, seconded by Councillor Foster THAT the delegation of Allan Brock be received and referred to staff. "CARRIED" Resolution #GPA-099-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Terry Graham, Newcastle Lions Club, regarding the Memorial Forest and Leash-Free Park �.. be received; and THAT the project be approved in principle and referred to •• staff. "CARRIED" WA G.P. & A. Minutes _ 10 - February 23, 2004 UNFINISHED BUSINESS CONT'D Resolution #GPA-100-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Rob Savage be received and referred to the Municipal Clerk's Department. "CARRIED" Resolution #GPA-101-04 .W Moved by Councillor Pingle, seconded by Councillor Foster a THAT the delegation of Phil Diamond be received; THAT the request to have the Rouge Valley Health designated as an advanced cardiac centre be endorsed by the Council of the Municipality of Clarington; and .r THAT the Minister of Health and Long-Term Care, George Smitherman, and John O'Toole, MPP, be advised of Council's support. "CARRIED" OTHER BUSINESS Engineering Services was requested to review the issue of a reduced speed limit zone adjacent to the Parkview Seniors Complex. Councillor Trim informed Committee that there is a Port Granby Project Information Center open each Friday afternoon at the Newcastle Community Hall. •+ .r .r ' , J G.P. & A. Minutes - 11 - February 23, 2004 ADJOURNMENT Resolution #GPA-102-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 11:10 a.m. dM "CARRIED" MAYOR MUNICIPAL CLERK 4w 31 PUBLIC MEETING CORPORATION OF THE REPORT # PSD-027-04 MUNICIPALITY OF CLARINGTON RAITLIN GROUP leading the Way NOTICE OF PUBLIC MEETING tr ZONING BY-LAW AMENDMENT In consideration of the findings of the King Street East Corridor Study and concerns raised at the public meeting "" in October with respect to an application by the Kaitlin Group, Council has directed staff to hold a public meeting to consider a proposed Zoning By-law Amendment dealing with provisions for drive-through facilities for the lands identified on reverse. The revised application by the Kaitlin Group no longer proposes a drive- ,. through facility. The proposed zoning by-law amendment would introduce zone requirements for drive-through facilities, including; a definition of drive-through facility, the required minimum lot size, the minimum length of a stacking lane,and a 12 m minimum required separation distance from residential uses. The effect of the zoning regulations is to restrict the location of any potential drive-through on Site A and preclude the development of a drive-through facility on site B as shown on reverse. The lands subject to the proposed Zoning By-law Amendment are municipally known as number 1 and number 2 Hartwell Avenue as shown on the reverse. r. Planning File Nos.: ZBA 2004-004 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make �. comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, March 8, 2004 +� TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday March 22, 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, March 17, 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, 2"d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 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, 3`d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Richard Holy at(905)623-3379 extension 332 or by e-mail at rholyC oDmunicipality.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. Da t the it y f Clarington this 17th day of February 2004. 4: C. id o , R.P.P. 40 Temperance Street ,,. irector"b Planning Services Bowmanville,Ontario r� Municipality of Clarington L1C 3A6 `% 1 i I I I FJTITITII I SITEy A I 11 U P �' I I I I I 1 STOREY F-- --I 0 I RETAIL Q .r I ---- I 0 I � I I ---- I Q I I I I o I I I I � I � \ I � I � I HARTWELL AVENUE SITE B I I I I � I � I � Bowmanville Key Map CRES u Gµfs' t u = `pofN\°K �NJ ZBA 2004-004 .r i PRINCE WILL" RWD, ? W ° STR AVE. Zoning By-law Amendment 0 v z Subject Site c o oaNf v E o f` G`EN ¢ J SPRING S ' LE A✓� W �^ o LWREN A CE IF C S O MEADOWS ` E , z w �`' Owner: Martin Road Holdings Ltd. DOREEN CRE_. R 1Ai1P Applicant: Municipality of Clarington p � S q o i CRES. OUINNNN Cf 5 5 iORESTO\ A ROSALYNNE N GASTLE OR. DRIVE 5r� 2 an 0 Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 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 Admiristration 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: D d J. rome, .C.I.P., R.P.P. Franklin Wu, �- Director of Planning Services Chief Administrative Officer JAS*FL*DJC*df •• 25 February 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON r• 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905) 623-0830 w .J 1 no 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 On February 2, 2004, Council considered correspondence from Mr. Sarwan Sahota, President of SECRA. He urged Council to re-appoint the Port Granby CAC and to provide the CAC with sufficient funds in order to receive specialized technical and scientific and scientific services. He suggested, if the engineered mound concept is selected for the management of the waste, that Council direct the CAC to undertake a study of all methods currently being used in the Americas and Europe for long term storage of radioactive waste in order to recommend to Council the most suitable method available for storing the waste. Council referred the correspondence to the Director of Planning Services. 1.4 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 low Level Radioactive Waste Management Office (LLRWMO). The management concept recommended to the Municipality by the LLRWMO involves the relocation of the Port Granby wastes to a new engineered storage mound facility on lands north of Lakeshore no Road further away from Lake Ontario. Under this concept, the existing Port Granby Waste Management Facility would be rehabilitated. .r 1.5 Given the presentation of Mr. McCreath, the correspondence from Mr. Sahota, 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 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 6,--)4 .n. REPORT NO.: PSD-020-04 PAGE 3 �.. 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, 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 members 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. 2.4 The CAC met generally on a monthly basis beginning in January 2003 until its 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. 6 3 REPORT NO.: PSD-020-04 PAGE 4 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 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 suggested by Mr. McCreath and Mr. Sahota. .r 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 Wd 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 r+ Board of Trade, the Durham Nuclear Health Committee, the Ontario Federation of Agriculture, and the University of Ontario Institute of Technology. SECRA would also 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. 3.4 It should also be noted that the LLRWMO has established a comprehensive communications program for the Port Granby project, and therefore the CAC is not the so 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 effectively engages both local residents, including SECRA, and the broader Clarington Nei 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. Wo 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: aw Attachment 1 - Terms of Reference - Port Granby Project Community Advisory Committee 6 J % REPORT NO.: PSD-020-04 PAGE 5 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 ..r Port Hope, ON L1A 2S6 Mr. Andrew McCreath 18 Wolseley Street Toronto, ON M5T 1A2 •• Mr. Rupert McNeill 4679 Lakeshore Road 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.R. # 8 Newcastle, ON 1-113 11-9 Mr. Ken Shrives 44 Carveth Crescent Newcastle, ON L1 B 1 N4 Ms. Barb Spencer 4563 Lakeshore Road R.R. # 8 Newcastle, ON L1 B 1 L9 r ,J r .r ATTACHMENT 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. Old, 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 aw 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. am 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. at Scope of Activities The Community Advisory Committee, in fulfilling its mandate, shall review matters related to No the Port Granby Project referred to the Committee by Council or the Government of Canada, including the Proponent: The Committee may be requested to: 6 r Page 2 a) Assist the Proponent in communicating with the general public on the �.. Project; b) Receive and review studies and reports regarding the Project. The Committee shall report regularly to Council with advice and recommendations on matters r- 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. Wo 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. 6 'J w 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 successful 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. No 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. am Reporting to Council The Committee shall report to Council as follows: • The recording secretary shall submit the minutes of all Committee meetings to the 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. s .. • 1 n arm Le�ing�he Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report#: PSD-027-04 File #: ZBA 2004-004 By-law#: Subject: REZONING APPLICATION TO IMPLEMENT DRIVE-THROUGH law REGULATIONS FOR ASPEN SPRINGS PLAZA PROPONENT: MUNICIPALITY OF CLARINGTON Hartwell Avenue and Regional Road 57, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-04 be received; r• 2. THAT the application initiated by Municipality of Clarington 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. Submitted by: Reviewed by: D vi . Crome, M.C.I.P.,R.P.P. Franklin Wu irec r, Planning Services Chief Administrative Officer •• RH*CP*DC*df 1 March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 r 6 ,J I irr .r REPORT NO.: PSD-027-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Municipality of Clarington 1.2 Owner: Martin Road Holdings Limited 1.3 Rezoning: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" and "Holding - Neighbourhood Commercial ((H)C2) Zone" to introduce new zoning regulations on the subject lands sit implementing the drive-through standards developed through the Bowmanville King Street East Corridor Study. This would include a definition of a drive-through facility, a minimum lot size, a minimum of a stacking lane length and setback from a public road, and a 12 metre minimum required setback from residential uses. 1.4 Location: Part Lot 15, Concession 1, former Township of Darlington, northwest and southwest corners of Regional Road 57 and Hartwell Avenue, Bowmanville. 2.0 LOCATION 2.1 The subject lands are located in Bowmanville at the northwest and southwest corners of Regional Road 57 and Hartwell Avenue (See Attachment 1). Site A, 2 Hartwell Avenue totals 0.90 hectares (2.22 acres) while Site B, 1 Hartwell Avenue totals 0.32 hectares (0.78 acres). The properties are located within Part Lot 15, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On October 20, 2003, Council passed the following resolution: "THAT Staff be directed to initiate an amendment to Zoning By-law 84-63 to . introduce similar standards for drive-through restaurants as contained in the zoning amendment for the Bowmanville King Street East Corridor for the lands zoned C-1 at the north-west and south-west corner of Martin Road (Regional •t Road 57) and Hartwell Avenue." 3.2 On August 7, 2003, Martin Road Holdings Limited submitted a rezoning -r application (ZBA 2003-038) to permit a convenience store within a proposed 1,892 m2 (20,366 ft2) retail plaza at the northwest corner of Regional Road 57 and Hartwell Avenue. The plaza was proposed to be anchored by a convenience store and a drive-through restaurant. A statutory Public Meeting was held for the application on October 6, 2003. Although a few residents were concerned about the convenience store, residents adjacent to the proposed location of the restaurant objected to its drive-through component. Objections were based on noise and pollution from idling cars, loss of privacy and enjoyment of property, err 6 REPORT NO.: PSD-027-04 PAGE 3 so and proximity of the drive-through to the residential area. Council directed Staff •- to initiate this application to implement similar standards to those introduced in the Bowmanville King Street East Corridor area. Aw 4.0 SITE CHARACTERISTICS AND SURROUNDING USES �- 4.1 Site A is generally flat with some sloping towards the existing residential development to the west. Site B is also generally flat with some sloping towards the existing residential development to the south and west. 4.2 Surrounding Uses: '• East: Urban residential North: Urban residential West: Urban residential South: Urban residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Local Central Area". These areas are intended to serve as focal points of activity for residential communities serving the daily needs of the surrounding residential neighbourhoods. Permitted uses include commercial, residential, community, cultural, and institutional uses. The proposed use conforms to the Official Plan policies. 6.0 ZONING BY-LAW CONFORMITY 6.1 Site A is zoned "Holding - General Commercial ((H)C1) Zone", which permits a restaurant with a drive-through facility. Site B is zoned "Holding - Neighbourhood Commercial ((H)C2) Zone", which also permits a take-out restaurant. This would also include a drive-through facility. 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 two public meeting notice signs were installed on the property. 7.2 As of the writing of this report, only one general inquiry has been received from an area resident. _ 611 .0 REPORT NO.: PSD-027-04 PAGE 4 8.0 AGENCY COMMENTS 8.1 The application was circulated to Durham Region Planning Department, Durham Region Public Works Department, Clarington Engineering Services Department and Central Lake Ontario Conservation primarily for information purposes. Since the application was only recently circulated, no comments have been received to lot date. .r 9.0 COMMENTS 9.1 The Bowmanville King Street East Corridor Study was prepared for the so Municipality by Urban Strategies Inc. and Totten Sims Hubicki. Recommendations from the study were approved by Council in October 2003. The study recommended the following general regulations for drive-through uses no in the area. 1. A minimum lot area of 3,000 m2 (0.74 acres) is required. 2. A minimum 12 vehicle stacking lane, with each vehicle space is equal to 6 m in length, is necessary for drive-through restaurants, with stacking lanes for financial establishments being only 4 vehicle queuing spaces in length. 3. Stacking lanes are not to interfere or block access to required parking spaces. 4. Stacking lanes must be demarcated by concrete curbs or landscaping. 5. Parking should be provided at a rate of 12 cars per 100 m2 of gross floor area for a drive-through restaurant. This standard may be varied on a site specific .basis if the applicant can provide an acceptable study justifying a reduced parking standard. 6. The entrance to a stacking lane may not be located within 18 metres of a public road. 7. The primary street frontage must have a direct, fully accessible path for pedestrians to reach the entrance. 8. All aspects of a drive-through facility, including the stacking lane, order board, pick-up window, or banking machine, must be set back at least 12 metres from a residential zone. 9. Where drive-through facilities are located next to a residential zone, a 1.8 metre high noise fence shall be provided, the speakers and order boards shall be oriented away from the residential uses, and light spill over onto residential properties should be avoided. 10. Definitions for "drive-through facility" and "stacking lane" were included. 9.2 These recommendations are designed to mitigate the negative impacts of drive- through facilities on adjacent roadways and residential areas. This is done by ensuring sites are sufficiently sized to accommodate these uses, limiting the likelihood of vehicles stacking up into the site's aisles or onto adjacent roadway, buffering adjacent residential properties from operating noise from order boards 61 .. REPORT NO.: PSD-027-04 PAGE 5 or pick-up windows, noise and air pollution from idling vehicles; and employing urban design techniques to soften the visual impact of the drive-through facility. The purpose of this application is to amend the existing zoning on both properties •- to implement zoning regulations in a similar manner as was done in the Bowmanville King Street East Corridor Study Area. Although not all recommendations discussed in Section 9.1 lend themselves to being implemented in a regulatory manner, they can be implemented through guidelines and site plan approval. 9.3 The Kaitlin Group have resubmitted preliminary plans for Site A. The drive- through facility has been voluntarily deleted. Although Staff discussed the possible relocation of the drive-through facility so that it would comply with these guidelines, Kaitlin Group chose to delete the facility from the site plan. 10.0 CONCLUSIONS 10.1 Due to the imminent development of these lands, the introduction of the new dw zoning standard on this site will provide regulations that minimize the potential adverse impacts of any drive-through facility on the surrounding residential area. °` 10.2 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. ME Attachments: Attachment 1 - Key Map Am Interested parties to be notified of Council's decision: Kelvin Whalen Martin Road Holdings Limited 1029 McNicoll Avenue Scarborough, ON M1W 3W6 ATTACHMENT 1 P71 T11 S I A �y I � I I I I � I - I I 1 STOREY_ RETAIL I — 4 Q I ---- O duo I I I ---- I z o I tY r go I I , HARTWELL AVENUE I E B I , I , Bowmanville Key Map CRESo o °a moo �z z E5 WP .o ROE"\K PhNJ ZBA 2004-004 Z FRINGE WILLIAM BLVD. STR AVE. Zoning By-law Amendment z Subject Site < 3 � SPRINGS z RP m o> L LE 4V u Q W LAWRENCE so o � m h Owner: Martin Road Holdings Ltd. MEADOWS M E 3 o t" OCCy c z DOREEN z > yf! 'FfS CRES. m 3 �C) Applicant: Municipality of Clarington R f CRES. OUINN 1 g g 'ORESTO A ROS'L�NNEI � yO,P� „uN�(CASTLE DR. DRIVE � \l 3 j i+ 1 n Leading the Way REPORT NOW PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .. Date: Monday, March 8, 2004 Report#: PSD-028-004 File #: A2003/021, A2004/001 By-law#: n,. to A2004/006 inclusive .. Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 19, 2004 am RECOMMENDATIONS: "o It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: "" 1. THAT Report PSD-028-004 be received; and 2. THAT Council concurs with decisions of the Committee of Adjustment made on February 19, 2004 for applications A2003/021 and A2004/001 to A2004/006 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by: A4_ L � _b_a_%WJ. Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/LT/DJC/Id February 24, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 6 Grp REPORT NO.: PSD-028-04 PAGE 2 1. All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of dig the minor variance applications and the Committee's decisions are detailed in Attachment No. 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR February 19, 2004 Application Number Staff Recommendation Decision of Committee A2003/021 Table for up to 1 year Tabled for up to 1 year A2004/001 Approve Approved A2004/002 Approve Approved A2004/003 Approve Approved A2004/004 Approve Approved .r A2004/005 Approve Approved A2004/006 Approve Approved 2. Application A2003/021 was to permit commercial uses on Spicer Court in Bowmanville (auto mall property) with front yard setbacks of 5 metres, a building height of 12.2 metres instead of 10 metres and a reduction of 15 metres in distance between street intersections and site entrances. The application had been previously tabled from a Committee of Adjustment meeting July 3, 2003 for up to six months. Although progress has been made, site plans have not yet been filed on the properties applied for, so Committee felt it was premature at this time to approve the minor variances applied for. The application has been tabled for up to one year. 3. Application A2004/001 was for a reduction in rear yard setback to 0.28 metres and interior side yard setback to 0.38 metres for an existing shed. The application was approved at a slightly greater reduction in rear yard setback than applied for (an additional 0.1 metres) to leave room for eavestroughing along the rear wall of the shed. As a condition of approval the applicant is to install eavestroughing along the rear wall woo of the shed as soon as is possible. 4. Application A2004/006 was for an increase in lot coverage by a greenhouse operation (Links Greenhouses) from 44.5% to 50% and to recognize a deficient side yard setback of 11 metres instead of the required 15 metres. Committee approved the application as per Staff's recommendation for lot coverage of 46.25%, which would permit the " applicant to replace an existing temporary greenhouse with a permanent structure in keeping with the rest of his greenhouses, and approved the reduced southerly side yard setback as applied for. 6 1) REPORT NO.: PSD-028-04 PAGE.3 5. Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. r. Attachment: Attachment 1 - Periodic Report for the Committee of Adjustment r aw VIM r • ATTACHMENT 1 • 1 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: D.G. BIDDLE & ASSOCIATES LTD. ••• OWNER: WAVERLY ROAD PROPERTIES INC. PROPERTY LOCATION: 395 BASELINE RD.W., , BOWMANVILLE PART LOT 14, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2003/021 .. PURPOSE: TO PERMIT COMMERCIAL USE WITH FRONT YARD SETBACK OF 5 M INSTEAD OF 15" M; EXTERIOR SIDE YARD SETBACK OF 5 M INSTEAD OF 10; BUILDING HEIGHT OF 12.2 M INSTEAD OF 10 M; & DISTANCE OF 35 M BETWEEN INTERSECTION OF STREETS & SITE ENTRANCE INSTEAD OF 50 M. ,. DECISION OF COMMITTEE: no THAT THE APPLICATION BE TABLED FOR A PERIOD OF UP TO ONE YEAR TO ALLOW THE APPLICANT FURTHER TIME FOR SITE PLAN DEVELOPMENT. no DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 qw Leading the Way r .. PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ,,. APPLICANT: PETERSEN, SCOTT OWNER: ROBERTSON, REGAN PROPERTY LOCATION: 23 FENWICK AV., , BOWMANVILLE r. PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/001 PURPOSE: — TO REDUCE THE REQUIRED REAR YARD SETBACK FOR AN EXISTING SHED FROM MINIMUM OF 1.2 METRES TO 0.28 METRES AND TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM THE MINIMUM OF 1.2 METRES TO 0.38 METRES. ow sm imp DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED WITH A REAR YARD SETBACK OF 0.18 METRES TO ACCOMMODATE EAVESTROUGH & AN INTERIOR SIDE YARD SETBACK "' OF 0.38 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR & DESIRABLE. im DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 61 r • .r art n Leading the Way ..r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT r. APPLICANT: TOTH, CHRISTOPHER OWNER: TOTH, CHRISTOPHER PROPERTY LOCATION: 2803 PROVIDENCE RD., , DARLINGTON PART LOT 4, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/002 PURPOSE: TO PERMIT THE KEEPING OF LIVESTOCK (CHICKENS) ON AN EXISTING LOT BY REDUCING THE MIN. LOT AREA REQUIREMENT FOR AGRICULTURAL USES FROM 2 HA TO 0.96 HA, REDUCING REAR YARD SETBACK FOR AN AGRICULTURAL BUILDING FROM MIN. REQUIRED 15 M TO 4.6 M, REDUCING MINIMUM SEPARATION DISTANCE BETWEEN AN AGRICULTURAL BUILDING HOUSING LIVESTOCK AND A RESIDENCE ON NEIGHBOURING PROPERTY FROM 300 M TO 100 M AND TO PERMIT LOT COVERAGE BY ACCESSORY BUILDING TO INCREASE FROM 92.9 M2 PERMITTED BY THE ONTARIO MUNICIPAL BOARD TO 101.1 M2. No DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND THE ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. we DATE OF DECISION: February 19, 2004 No LAST DAY OF APPEAL: March 10, 2004 r 620 larrin n Leading the Way r PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT •• APPLICANT: H.L. GAY FAMILY HOMES LIMITED OWNER: H.L. GAY FAMILY HOMES LIMITED PROPERTY LOCATION: 39 AYLESWORTH AV., , COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/003 PURPOSE: TO RECOGNIZE A DWELLING UNDER CONSTRUCTION WITH A FRONT YARD SETBACK OF 5.7 METRES INSTEAD OF THE MINIMUM REQUIREMENT OF 6.0 METRES TO A PRIVATE GARAGE. .. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 r 62 .r • Leading tl:e Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: H.L. GAY FAMILY HOMES LIMITED OWNER: H.L. GAY FAMILY HOMES LIMITED PROPERTY LOCATION: 253 CORNISH DR., , COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON -+ FILE NO.: A2004/004 PURPOSE: TO RECOGNIZE A DWELLING UNDER CONSTRUCTION WITH A FRONT YARD SETBACK OF 5.7 METRES INSTEAD OF THE MINIMUM REQUIREMENT OF 6.0 •► METRES TO A PRIVATE GARAGE. ow DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE." .r DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 .r OLL • lar�. n ""' Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: McCARTNEY, KEVIN OWNER: McCARTNEY, KEVIN PROPERTY LOCATION: 6421 LESKARD RD., , CLARKE PART LOT 30, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2004/005 ,. PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) WITH A ROOF HEIGHT OF 6.1 METRES INSTEAD OF THE MAXIMUM PERMITTED 5 METRES ABOVE GRADE TO THE AVERAGE HEIGHT BETWEEN THE EAVES AND THE RIDGE. .. .. DECISION OF COMMITTEE: THAT APPLICATION BE APPROVED FOR A BLDING HEIGHT OF 6.1 M FOR EAST ELEVATION ONLY, AS IT IS IN CONFORMITY WITH THE OP & ZB & IS DEEMED MINOR & DESIRABLE, SUBJECT TO THE EXISTING SHED BEING REMOVED WITHIN 6 MONTHS OF BUILDING PERMIT BEING ISSUED. am DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 .. - ? 3 • Leading the Way rrr PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MULDERS, HENK OWNER: MULDERS, HENK PROPERTY LOCATION: 3990 BRAGG RD., , DARLINGTON PART LOT 3, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/006 PURPOSE: TO RECOGNIZE EXISTING GREEN HOUSES WITH A SOUTHERLY SIDE YARD SETBACK OF 11 METRES INSTEAD OF THE REQUIRED 15 METRES AND TO y+ INCREASE LOT COVERAGE BY AGRICULTURAL BUILDINGS (GREENHOUSES) FROM 44.5% TO 50%. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED WITH A SOUTH SIDE YARD SETBACK OF 11.0 METRES AND AN INCREASE IN LOT COVERAGE TO 46.25% AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. .. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 No 0La .rr w. • 1 n ar-� Leading the Way REPORT r PLANNING SERVICES ffm .. Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report#: PSD-029-004 File #: A2003/022 By-law#: .. Subject: ONTARIO MUNICIPAL BOARD DECISION COMMITTEE OF ADJUSTMENT APPLICATION A2003/022 ANITA WRAY AND VAHID SOBHANI M RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-029-004 be received; and �. 2. THAT Anita Wray and Vahid Sobhani be given to June 1, 2004 to remove the portions of the deck not in compliance with the Ontario Municipal Board decision; and 3. THAT a copy of the report be forwarded to the applicants. r Submitted by: Reviewed by: =� D vid Crome, MCIP, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer SA/LT/DJC/Id .. February 25, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 62 REPORT NO.: PSD-029-04 PAGE 2 1.0 BACKGROUND 1.1 The subject property, owned by Anita Wray and Vahid Sobhani, is located at 70 Carveth .r Crescent in the Port of Newcastle subdivision. The property abuts the Waterfront Trail. The application was submitted to recognize a deck that was partially constructed. The homeowners and their contractor had begun construction without a building permit. Staff did not support the application; however, the Committee of Adjustment did attempt to find a compromise and permitted a partial approval. 1.2. The homeowners were dissatisfied with Committee's decision and appealed the application to the Ontario Municipal Board. The Ontario Municipal Board hearing was .. held on February 11, 2004. Mr. Nick Macos was legal counsel for the Municipality and Ms. Susan Ashton was the planner giving evidence. .r 1.3 The Board Member provided a verbal decision at the hearing, followed by a written decision and order on the appeals filed by the applicants. The Board accepted the position of Municipal Planning Staff, allowing for no reduction in rear yard setback. The + + Board did permit the applicant to reduce the side yard setback to 0.6 metres, thus resulting in a slight increase in lot coverage and small reduction in landscaped open space. 1.4 The following table summarizes the zoning by-law requirements, the application as received, Staff's recommendation to Committee of Adjustment, and the Ontario +++ Municipal Board's decision. Setbacks Lot Landscaped Rear Yard Side Yard Coverage Open Space Zoning Requirement 2.6 m 1.2 m 30% 60% Application A2003/022 0 m 0 m 22% 69% Staff Recommendations 2.6 m 1.2 m 30% 60% Committee Decision 2.6 m 0 m 26.5% 64% OMB Decision 2.6 m +0—.6 m 28% 61% 1.5 The homeowners are now required to remove a portion of the partially constructed deck immediately, to bring it into compliance with the OMB decision. The OMB did not grant a time period for the deck to remain. It is Staffs opinion that it would be appropriate to .� allow the homeowners until June 1, 2004 to remove the offending portions of the deck. 2.0 STAFF COMMENTS 2.1 When the Port of Newcastle Plan of Subdivision received approval, a new exception zone category (R2-10) was approved by Council reducing the required rear yard setbacks for dwellings from 7.5 metres to 5 metres, the required rear yard setbacks for decks from 6 metres to 2.6 metres while increasing the permissible lot coverage from 40% to 60%. 6 2 6 .o REPORT NO.: PSD-029-04 PAGE 3 2.2 This is the second Ontario Municipal Board hearing where the Municipality has .. successfully argued that a reduction in the rear yard setback does not meet the intent of the zoning by-law, nor is a minor or desirable on the wide, shallow lots in the Port of Newcastle subdivision. 3.0 CONCLUSIONS 3.1 It is respectfully recommended that Staff Report PSD-029-04 be received and that the ,. recommendation be approved giving Anita Wray and Vahid Sobhani to June 1, 2004 to remove the portions of the deck not in compliance with the Ontario Municipal Board decision dated February 17, 2004. Attachment: .. Attachment 1 - Ontario Municipal Board Decision List of interested parties to be advised of Council's decision: Anita Wray & Vahid Sobhani 70 Carveth Crescent Newcastle, Ontario L1B 1N4 .' 627, ISSUE DATE: ATTACHMENT 1 Feb. 17, 2004 DECISION/ORDER N0: PL030974 lk 0349 0=M Ontario Ontario Municipal Board ` Commission des affaires munlclpales de I Ontano ,r Anita Wray and Vahid Sobhani have appealed to the Ontario Municipal Board under subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from a decision of the Committee of Adjustment of the Municipality of Clarington which granted an application .w numbered A2003/022 for variance from the provisions of By-law 84-63, as amended, respecting 70 Carveth Crescent OMB File No. V030455 APPEARANCES: Parties Counsel Municipality of Clarington N. Macos Anita Wray and Vahid Sobhani MEMORANDUM OF ORAL DECISION DELIVERED BY J. R. MILLS ON FEBRUARY 11, 2004 AND ORDER OF THE BOARD •• There is an old adage that says "You should quit while you are ahead" and that is certainly the case here. The applicants installed a swimming pool in their backyard, which is ., approximately 2YZ ft. in and 2Yz ft. out of the ground. They wish to have decking surrounding the pool but have run afoul of the Municipality's Zoning By-law. The applicants applied to the Committee of Adjustment for the following variances: •• • a sideyard setback of 0 metres instead of the required 1.2 metre setback; .r • a rearyard setback of 0 metres instead of the required 2.6 metres; • a reduction in landscaped open space to 22% instead of the required 30%; and, • an increase in total lot coverage to 69% instead of 60%. 6 % ib' w� - 2 - PL030974 aw The Committee of Adjustment approved a smaller deck and granted the following ,r variances: • a side yard setback of 0 metres instead of the required 1.2 metre setback; .r • a total minimum lot coverage of 64% instead of the required maximum 60%; and, • a reduction in landscaped open space of 26.5% instead of the required w• 30%. The applicants have appealed the Committee of Adjustment decision to this Board and the Municipality now takes the position (by Council Resolution) that no variances should be granted. There is a staff report, which suggests sideyards of 0.6 metres but no rearyard variance. The applicants believe it is a safety issue as that any child who might need assistance while in the pool may be reached as quickly as possible. The pool is 8 feet wide by 28 feet long and varies in depth from 3'/2 feet to 5 feet. The root of the Ow applicants' concerns really is that they thought they had bought a deeper lot and had no idea that a Waterfront Trail would be built abutting their rearyard. They also have built •� most of the deck already using a contractor who did not get a building permit. The planner for the Municipality, Susan Ashton, advised the Board that the subject property and those also abutting the Waterfront Trail were zoned R2-10 Exception with greatly reduced sideyard and rearyard setbacks visa vis the normal Residential Zone setbacks in the Municipality's Zoning By-law. She was concerned that 0 sideyard setbacks would not allow for privacy for the neighbours, for future deck maintenance or, for erosion repairs to the lot. She believes that the rearyard setback (only 2.6 m vs the normal 7.5 m) is necessary to provide privacy to both the landowners and the trail users. Finally, it was her evidence that the subject application as well as the Committee of Adjustment decision, failed the four tests of Section 45(1) of the Planning Act. The Board agrees with Ms Ashton that the rearyard variance should not be granted. All the other properties abutting the Waterfront Trail in this R2-10 Exception - 3 - PL030974 subdivision conform to the rearyard setback. The Board also agrees with her that the sideyard variances granted by the Committee of Adjustment should not be granted. The Board does agree, however, with the staff report that a' sideyard variance (both sides) of 0.6 m (1.2 m required) does satisfy the four tests of Section 45(1) of the Planning Act. The Board therefore allows the appeal in part and authorizes the following variances: 1. a sideyard setback (both sides) of 0.6 m (1.2 m required); 2. a total lot coverage of 61% (60% allowed); and 3. a reduction in landscaped open space to 28% (30% required). The Board so Orders. "J. R. Mills" J. R. MILLS MEMBER .r err lar n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report#: PSD-030-04 File #: PLN 1.1.7.4 By-law#: Subject: SUBMISSION ON BILL 26—THE STRONG COMMUNITIES ACT 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: r. 1. THAT Report PSD-030-04 be received; 2. THAT the Municipality of Clarington advise the Ministry of Municipal Affairs that the proposed Bill 26 is generally supported as contained in the comments of PSD-03404, with the following revisions: i) amendments to the Planning Act be integrated with the Provincial Policy Statement reform to provide clear priority to policy direction; ii) a definition of a "complete application" be provided to include studies required by a municipality to review development applications; �. iii) allow municipalities to appeal decisions on urban settlement area expansions and/or new settlement areas by upper tier municipalities or adjacent municipalities; and iv) the Province's interest in an appeal to the Ontario Municipal Board should be declared within 45 days of a Notice of Appeal 3. THAT the Planning Act be amended to stipulate a last day of appeal for applicationsfor official plan amendments and zoning by-law amendments that are not supported by Council; 4. THAT a copy of this report and Committee's decision be forwarded to the Honourable John Gerretsen, Minister of Municipal Affairs FORTHWITH; and r. 5. THAT the Durham Region Planning Department be advised of Council's decision. r Submitted by: LAW—, Reviewed by: D i . Crome, MCIP, R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer CP/DJC/df -• 3 March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 6 I .Y REPORT NO.: PSD-030-04 PAGE 2 1.0 BACKGROUND 1.1 On December 15, 2003,. the Province introduced Bill 26, the Strong Communities Act, which proposes changes to the Planning Act. When the Bill was introduced, the Minister of Municipal Affairs, the Honourable John Gerresten, said, if passed, the •� changes "will put the public first, by allowing more time for public scrutiny, boosting environmental protection and better protecting the public interest. PSD-006-04, an information report on Bill 26, was received by General Purpose and Administration Committee on January 12, 2004. 1.2 The Province is receiving written submissions on Bill 26 until March 15, 2004. Staff have now had opportunity to review the Bill in more detail. This report provides the .r Municipality's response and recommendations to the Province on the proposed Bill. 2.0 PROPOSED CHANGES TO BILL 26 .r 2.1 Bill 26 proposes six major changes to the existing Planning Act, which are identified as follows: • The Planning Act relationship to the Provincial Policy Statement (PPS) is changed by revising "have regard to" in the Planning Act to "be consistent with"; • eliminating the 65 day deadline requirement for scheduling a public meeting for official plan amendment applications; • increasing the time period for processing and making decisions on applications before appeals to the Ontario Municipal Board (OMB) from: 90 to 180 days for Official Plan Amendments and subdivision applications; .r 60 to 120 days for Zoning applications; and 60 to 90 days for Consent applications. r+ • deleting the right to appeal to the OMB with respect to applications that propose to expand or create an `urban settlement area' as defined by the Bill; • empowering the Minister to identify mattes where Provincial interest is likely to be adversely affected by an application to be considered by the OMB; and • providing Cabinet the authority to confirm, vary or rescind OMB decisions and direct the Minister to make any required modification. 3.0 DECISIONS TO "BE CONSISTENT WITH" THE PROVINCIAL POLICY STATEMENT 3.1 Over the last decade the Planning Act has been amended under different provincial governments. In 1994 Bill 163 was introduced which required decisions of Council to "be consistent with" the Comprehensive Set of Policy Statements. In 1996, Bill 20 amended the Planning Act "to have regard to" the Provincial Policy Statement. Bill 26 b 3 Z' .. REPORT NO.: PSD-030-04 PAGE 3 as proposed requires municipalities to "be consistent with" Provincial Policy Statements issued under the Act. 3.2 In 2001 Clarington Council endorsed the Region of Durham comments on the Provincial Policy Statement review. The report indicated that on the one hand, the "have regard to" �. clause provides flexibility to tailor Provincial policy to local circumstances. On the other hand, the approach is considered weak as there may be no consistent application of policies across the province. 3.3 Staff consider the change to "be consistent with" as providing greater support for aw Provincial policy and certainty for all participants, especially where a decision of Council is appealed to the Ontario Municipal Board. This is viewed as a step in the right direction. However, the Province has not identified proposed changes to the PPS at this time. Together with the change proposed through Bill 26, the Province must revise the Provincial Policy Statement (PPS) to clearly identify what areas are a priority -- especially where policies appear to conflict, (ie. environmental protection and community growth) and define the Provincial interests that decisions must "be consistent with". 3.4 Staff support the principle of requiring planning decisions to "be consistent with" the Provincial Policy Statements, premised on revisions to the Provincial Policy Statement that clearly identify those issue that are a priority for the Province. A report on the 2001 Provincial Policy Statement Review was adopted by Council on October 29, 2001. The conclusion of that report contained similar recommendations. �. 4.0 TIME PERIODS FOR MUNICIPAL REVIEW OF APPLICATIONS 4.1 During the tenure of the previous provincial government, the existing timeframes in the ,., Planning Act, for processing applications were streamlined to reduce "red-tape". The Bill proposes to increase the time frame for municipalities to review applications and make decisions before proponents may appeal to the OMB as identified in Section 2.1 of the Report. ••• In addition, the 65 day time frame for holding a public meeting after receiving an application for official plan amendment is proposed to be eliminated through Bill 26. 4.2 The proposed changes to the length of time municipalities can consider planning applications before an applicant can appeal to the OMB, represents a more realistic - time frame for assessing "complete applications". The increase in timeframes for processing applications is supported , 3 _ r REPORT NO.: PSD-030-04 PAGE 4 4.3 Currently the submission requirement for a planning application requires minimal information and the payment of required application fees. Often, the planning process is delayed when proponents fail to submit, in a timely manner, all of the information required by the Municipality to evaluate the merits of the application. The Province needs to strengthen the definition of a "complete application" to include all studies identified by municipalities as required to assess an application. The time period for reviewing applications should not begin until the `complete ' application'.. including required studies, has been received. 5.0 ELIMINATE APPEALS TO THE ONTARIO MUNICIPAL BOARD WHEN THE .� MUNICIPALITY DOES NOT SUPPORT AN URBAN BOUNDARY EXPANSION 5.1 Bill 26 proposes to eliminate the ability of any person or public body to appeal to the .. OMB any part of a requested amendment to alter all, or any part, of an 'urban settlement area' or to create a new urban settlement area. A similar provision covers a plan prepared by the Municipality that proposes to alter all or any part of an "urban settlement area" or to establish, a new settlement area. Similar amendments are proposed for related zoning by-law amendments. These changes are intended to provide principal consideration to the growth management strategies established in the municipal Council. -� This amendment may discourage the submission of privately-initiated applications for urban boundary expansions or new urban settlements particularly in Durham and Clarington where urban boundary are provisions can only be considered in the context of an official plan review. This change may also assist in promoting infill development and reduce loss of rural land for urban uses. 5.2 The explanatory note for Bill 26 states that this amendment limits the ability to appeal to the OMB where a municipality has not adopted an amendment relating to a boundary alteration. The wording of the amendment does not appear to be that specific. 5.3 The proposed amendment does not recognize the two-tier planning system in place in Durham Region. A proposal to amend an urban boundary requires amendment to both the local and the regional official plans. The Regional Official Plan governs urban boundary expansions since the local official plan must "conform" to the upper tier plan. Should the Regional Council make a decision with respect to its Official Plan Review or an application for expansion to the urban boundary that is contrary to that of the local ' Council, the local Council would not have recourse to appeal the decision to the OMB. 5.4 Furthermore, the proposed amendment would restrict a municipality's ability to appeal the decision of an adjacent municipality to expand its urban boundary. An expansion to r`7 REPORT NO.: PSD-030-04 PAGE 5 an urban boundary or a new settlement area in an adjacent municipality could have implications for services or transportation network or other issues then transcend beyond municipal boundaries. A case in point was the proposed creation of Tucker Creek settlement area in the Municipality of Port Hope and its potential impact on the road network in Clarington. 5.5 Neither of the above two scenarios is common. However, the aspect of the proposed Bill to not allow appeals by 'public bodies' appears to be contrary to the Minister of Municipal Affairs, John Gerresten's comments about the Bill making "the planning process responsive to local needs for change". Bill 26 should be amended to deal with 'a person' only, and not a `public body' with respect to restrictions to appeal decisions of urban settlement area expansions or the creation of new settlement areas. Specifically, lower Her municipalities should have the ability to appeal decisions of upper tier municipalities or adjacent municipalities. 6.0 EMPOWERING THE MINISTER OF MUNICIPAL AFFAIRS TO IDENTIFY MATTERS OF PROVINCIAL INTEREST PRIOR TO THE OMB HEARING 6.1 The Bill proposes to revise the Planning Act to permit the Minister where they are of the opinion that a matter of provincial interest is, or is likely to be, adversely affected in respect of an appeal to the OMB to notify the OMB 30 days prior to the hearing of said interest. Staff do not oppose the Minister participating in OMB hearings on matters of Provincial interest. However, 30 days before an OMB hearing is scheduled to commence great time and expense has usually been spent by all parties involved in the preparation of the hearing. 6.2 The Provincial interest, if any, should be declared during the circulation process of an application, to allow parties the opportunity to address Provincial concerns. The Region of Durham exercises delegated provincial plan review functions, and it is appropriate for the Region in this role to advise of a provincial interest early in the processing of an application. 30 days prior to the commencement of a hearing is not the appropriate time frame for declaration of Provincial interest. It is recommended that as a minimum, the Province should declare their interest within 45 days of an appeal being filed. 6.3 In addition to the above, Provincial Cabinet is allowed to review decisions of the Ontario Municipal Board where the provincial interest was identified and to confirm, vary or rescind the decision of the Ontario Municipal Board. This additional power would further ensure Provincial interest is being protected in any application that is determined by the OMB. Staff believe if the PPS is amended to provide clear provincial direction, and decisions are required to be consistent with the PPS and the Provincial interest is identified early in the application process, the Minister would not need to have final REPORT NO.: PSD-030-04 PAGE 5 �. an urban boundary or a new settlement area in an adjacent municipality could have implications for services or transportation network or other issues then transcend beyond municipal boundaries. A case in point was the proposed creation of Tucker .. Creek settlement area in the Municipality of Port Hope and its potential impact on the road network in Clarington. 5.5 Neither of the above two scenarios is common. However, the aspect of the proposed Bill to not allow appeals by 'public bodies' appears to be contrary to the Minister of Municipal Affairs, John Gerresten's comments about the Bill making "the planning process responsive to local needs for change Bill 27 should be amended to deal ■• with `a person' only, and not a `public body' with respect to restrictions to appeal decisions of urban settlement area expansions or the creation of new settlement areas. Specifically, lower tier municipalities should have the ability to appeal decisions of upper tier municipalities or adjacent municipalities. 6.0 EMPOWERING THE MINISTER OF MUNICIPAL AFFAIRS TO IDENTIFY MATTERS OF PROVINCIAL INTEREST PRIOR TO THE OMB HEARING 6.1 The Bill proposes to revise the Planning Act to permit the Minister where they are of the opinion that a matter of provincial interest is, or is likely to be, adversely affected in respect of an appeal to the OMB to notify the OMB 30 days prior to the hearing of said interest. Staff do not oppose the Minister participating in OMB hearings on matters of Provincial interest. However, 30 days before an OMB hearing is scheduled to commence great time and expense has usually been spent by all parties involved in the preparation of the hearing. 6.2 The Provincial interest, if any, should be declared during the circulation process of an application, to allow parties the opportunity to address Provincial concerns. The Region of Durham exercises delegated provincial plan review functions, and it is appropriate for the Region in this role to advise of a provincial interest early in the processing of an •. application. 30 days prior to the commencement of a hearing is not the appropriate time frame for declaration of Provincial interest. It is recommended that as a minimum, the am Province should declare their interest within 45 days of an appeal being filed. 6.3 In addition to the above, Provincial Cabinet is allowed to review decisions of the Ontario Municipal Board where the provincial interest was identified and to confirm, vary or rescind the decision of the Ontario Municipal Board. This additional power would further ensure Provincial interest is being protected in any application that is determined by the OMB. Staff believe if the PPS is amended to provide clear provincial direction, and decisions are required to be consistent with the PPS and the Provincial interest is identified early in the application process, the Minister would not need to have final „�„ V J REPORT NO.: PSD-030-04 PAGE 6 low approval of Board decisions. Furthermore, if the role of the OMB is modified through implementation of the recommendations of the GTA Task Force, this additional change •.• to the Planning Act is not seen as necessary. However, in the absence of these other reforms, Staff support the proposed change to allow the Cabinet to review certain OMB decisions. 7.0 OTHER ISSUES 7.1 The Planning Act does not stipulate a last day of appeal for Official Plan Amendment and Zoning By-law Amendment applications denied by Council. Unlike an approval process where a by-law is passed and a time frame is specified for filing appeals, no such timeframe is identified when an application for OPA or ZBA is not approved. This means that an individual can appeal the decision of Council to deny either an application for Official Plan Amendment or Zoning By-law Amendment to the OMB years after a decision is made. Sections of the Planning Act dealing with Minor Variance, Consent and Subdivision applications require notice of the 'decision', to be given and provide timeframes for appealing the 'decision'. w The Planning Act should be amended to specify the last day of appeal in the event that Council refused an Official Plan Amendment or rezoning amendment. 8.0 CONCLUSIONS 8.1 The Planning Act changes proposed through Bill 26 are viewed as steps in the right direction toward strengthening municipal planning and growth management . However, the requirements to have all planning decisions to "be consistent with" the Provincial ..� Policy Statement, instead of the current "have regard to" must go hand in hand with revisions to identify priority interests in the Provincial Policy Statement. .r. 8.2 Eliminating appeals to the Ontario Municipal Board when the Municipality does not support an urban boundary expansion assists implementing growth management -+ policies at both the local and regional level. However, change to the Act should be limited to eliminating private appeals, and not those of the local municipality, particularly in a two-tier planning environment. 8.3 Increasing time periods for municipal review of applications represents a more realistic timeframe for municipalities to deal with applications. However, the definition of a "complete application" needs to be reviewed to ensure the studies required by municipalities, to properly review an application, are submitted at the beginning of the process. REPORT NO.: PSD-030-04 PAGE 7 +- 8.4 Empowering the Ministry of Municipal Affairs to identify matters of Provincial interest to the OMB, 30 days prior to an OMB hearing is not the appropriate time to identify provincial interest. Provincial interest should be identified through the processing of an r application. The Minister should be required to identify a provincial interest 45 days after a Notice of Appeal to the OMB is received. r 8.5 In consideration of the March 15th, 2004 deadline for comments, it is requested that should the General Purpose and Administration Committee concur with the comments and recommendations contained herein, that a copy of Committee's resolution and the report be sent to the Ministry of Municipal Affairs forthwith. i 1 lCarinaton REPORT Leading the Way �- PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report#: PSD-031-04 File#: ZBA 2003-051 By-law#: and COPA 2003-013 Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT COMMERCIAL MOTOR VEHICLE SALES AND SERVICE APPLICANT: TAROLA ENTERPRISES INC. Northeast Corner of Lake Road and Port Darlington Road, 122 Lake Road Bowmanville RECOMMENDATIONS: r It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report PSD-031-04 be received; 2. THAT the official plan amendment and rezoning applications submitted by the Tarola "' Enterprises Inc. be APPROVED; 3. THAT Amendment No. 37 to the Clarington Official Plan contained in Attachment 2 to aw this Report be adopted and that the necessary By-law be passed; 4. THAT the proposed Zoning By-law contained in Attachment 3 to this Report be passed; 5. THAT the Holding (H) symbol be lifted at such time as the applicant has entered into a site plan agreement with the Municipality. 6. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 7. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed b a J. Crome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH*CP*DC*df 1 March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 6 71 REPORT NO.: PSD-031-04 PAGE 2 .. 1.0 APPLICATION DETAILS .r 1.1 Applicant: Tarola Enterprises Inc. 1.2 Agent: D.G. Biddle & Associates Limited aw 1.3 Official Plan Amendment: To amend the "Light Industrial Area" policies on site specific basis to permit the sale, repair, and outdoor storage of commercial motor vehicles. 1.3 Rezoning: To amend the "General Industrial (M2) Zone" to permit the sale, repair, and outdoor storage of commercial motor vehicles. 1.4 Site Area: 1.25 hectares 2.0 LOCATION 2.1 The subject lands are located at the northeast corner of Lake Road and Port ` Darlington Road at 122 Lake Road in Bowmanville (See Attachment 1). The site area totals 1.25 hectares (3.1 acres). The property is located within Part Lot 9, Broken Front Concession, in the former Town of Bowmanville. .� 3.0 BACKGROUND 3.1 On November 19, 2003, Staff received official plan amendment and rezoning application from D.G. Biddle & Associates Limited on behalf of Tarola Enterprises Inc. to permit the sale, repair, and outdoor storage of commercial motor vehicles at 122 Lake Road in Bowmanville. A site plan application (SPA 2003-053) has also been submitted for approval of new on-site signage and minor site alterations. 3.2 A statutory Public Meeting was held on January 26, 2004 at which no member of the public, other than the applicant, spoke in favour of or in opposition to the proposed land use amendment. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The site is completely developed with the applicant occupying the existing 24,000 sq.ft. building on the property. The site is generally flat with drainage being directed towards Lake Road. 4.2 Surrounding Uses: East: Vacant industrial lands North: Highway 401 West: Soper Creek valleylands rrr South: Vacant industrial lands -- U J REPORT NO.: PSD-031-04 PAGE 3 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Light Industrial Area". Lands within this designation generally permit light industrial uses within an enclosed building with very limited outdoor storage. The sale, repair and outdoor storage of commercial motor vehicles is permitted within the "General Industrial Area" designation, but not on the subject lands. In order to permit the proposed use, an official plan amendment application was submitted for consideration. 6.0 ZONING BY-LAW CONFORMITY 6.1 The portions of the property under consideration are zoned "General Industrial (M2) Zone". Although the zone permits the repair of commercial motor vehicles, it does not permit their sale. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 The Clarington Emergency Services Department, Durham Region Public Works Department, and Central Lake Ontario Conservation have no objections to the �. official plan amendment and rezoning applications. 7.2 The Clarington Engineering Services Department has no objections to the official plan amendment and rezoning applications provided that no changes are made to the existing site. 7.3 The Durham Region Planning Department has no objections to this proposal provided that the applicant provides a Record of Site Condition to remediate any contamination issues on the property. This relates to residual solvents, paints, and petroleum distillates contained within the existing buildings. This matter will be dealt with through site plan approval. Since the amendment is considered to have no significant Regional or Provincial concerns, the application is exempt from Regional approval. 7.4 The Ministry of Transportation has no objections to these applications provided Aw that any new buildings, structures, loading areas, and drive aisles have a minimum 14.0 metre setback from its Highway 401 property. 8.0 COMMENTS •• 8.1 The applicant acquired the subject lands to establish a Kenworth truck sales and service centre and proposes to display trucks outdoors in the front yard. 0 i elm 1. No REPORT NO.: PSD-031-04 PAGE 4 8.2 The site was originally developed by Powerscreen of Canada, a company that manufactured portable screening and stockpiling conveyors, which were stored outdoors. Outdoor storage was permitted under the previous Official Plan of the former Town of Newcastle, as well as through the provisions of the existing M2 zoning. 8.3 This location represents the gateway both into the industrial park and the Port Darlington residential area. Where previous outdoor storage was primarily screened by privacy wood fencing, the applicant already has replaced the privacy fencing with chain link fencing. Should this application be approved, Staff will require that additional landscaping be planted within the existing landscape strips to soften the visual impact of the outdoor truck display and storage area. 8.4 The applicant has submitted a site plan application (SPA 2003-051) that is being used to approve revised signage for the building. Staff are currently finalizing building signage and issuance of a sign permit. The applicant will be required to further amend the existing site plan agreement for the following reasons: • The site plan must be amended to indicate the location of the new commercial motor vehicle display and remove any general outdoor storage areas. Only vehicles being offered for sale will be permitted to be stored M„ along the Lake Road frontage. Additional changes to surface treatment, which may affect drainage, must also be shown. • The landscaping plan must be amended to indicate additional landscape treatments to soften the outdoor display area from Lake Road and Port Darlington Road. Staff requires that the area be landscaped with shrubs and rockery, similar to what is being provided at new automotive dealerships. 8.5 A Phase 2 site assessment has been completed The site assessment indicated that the property had not been negatively impacted by activities from previous . owners. The report recommended that residual solvents, paints, and petroleum distillates left by the previous owner inside the buildings be properly disposed. A Record of Site Condition must be forwarded to the Region of Durham Planning . ► Department, Ministry of Environment, and Municipality of Clarington ensuring that the required work has been completed. This matter can be dealt with prior to issuance of site plan approval. ., 8.6 The property is currently zoned "General Industrial (M2) Zone", which does not conform to the "Light Industrial Area" designation contained within the Official Plan. Staff are recommending that the property be rezoned into conformity with the Official Plan in the form of a light industrial exception zone with a Holding symbol for the following reasons: • The general industrial zoning permits up to 70% of the property to be used for outdoor storage of goods and materials accessory to a permitted use. This is contrary to the Official Plan designation and policies. The proposed zoning will limit outdoor storage only to trucks being displayed for retail purposes or 4 REPORT NO.: PSD-031-04 PAGE 5 trucks and/or trailers being left for service. It will not permit general outdoor storage of old or used parts, components, trailers or trucks. • The holding symbol is recommended to ensure that site plan approval for outstanding matters is finalized and the Record of Site Condition is provided. Once the applicant has received site plan approval, a report will be forwarded to Council recommending that the Holding symbol be removed. 10.0 CONCLUSIONS 10.1 Based on the comments contained in this report, it is respectfully recommended that the proposed official plan amendment and rezoning applications be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment AW Attachment 3 — Proposed By-law Amendment Interested parties to be notified of Council's decision Vince Tarola �. Tarola Enterprises Inc. 5475 Dixie Road Mississauga, ON L4W 1 E6 Glenn.Genge D.G. Biddle & Associates Limited • 96 King Street East Oshawa, ON L1 H 1 B6 - 6 ATTACHMENT 1 P,�4717.I1$ "1.2.802 sr•is C.132._/9 N 8(74e'46'E 1 ro* ....r, X55 CDR AND I-q PROP Prr � 1 M6 e.\ i— ! we IL - X, (fit h' trrA KL 1 r1E -+- I ° ow W I YM RoA p I t3owmanville Key Map ZBA 2003-051 U L J I �� a SELINE ROAD ► E�sr I L Z N Zoning By-law Amendment W ° m i Z Subject N site s COPA 2003-013 LAKE R Clarington Official Plan Amendment O,� c \ UKE NAY 401 a Owner: Tarola Enterprises I`\BFACN RL� � `T ATTACHMENT 2 AMENDMENT NO. 37 TO THE CLARINGTON OFFICIAL PLAN aw PURPOSE: The Amendment implements a land use change to permit ... the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses. BASIS: The Amendment is based on an application submitted by �- Tarola Enterprises Inc. (COPA 2003-013). 4- ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: By adding Section 11.5.6 as follows: "11.5.6 Notwithstanding Section 11.5.2, the sale, �- repair, and outdoor display and storage of commercial motor vehicles may be permitted in addition to other permitted uses on land located at 122 Lake Road within Part Lot 9, Broken Front Concession, Bowmanville." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. r. r ATTACHMENT 3 .r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-Law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of w` Newcastle in accordance with applications COPA 2003-013 and ZBA 2003-051 to permit the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 23.3 "SPECIAL EXCEPTIONS — LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23.3.10 as follows: "23.3.10 LIGHT INDUSTRIAL EXCEPTION (M1-10)ZONE Notwithstanding Section 23.1, those lands zoned M1-10 on,the Schedules to this By-law may also be used for the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses." 2. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by .r changing the zone designation from: "General Industrial (M2) Zone" to "Holding - Light Industrial Exception ((H)M1-10) Zone"as shown on the attached Schedule"A"hereto. .rr 3. Schedule"A"attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 17.2 and 34 of the Planning Act, R.S.O. 1990. w By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 .r By-Law read a third time and finally passed this day of 2004 .r John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1 � b4 -D This is Schedule "A" to By-law 2004- , passed this day of , 2004 A.D. am X. ::]•- wr ................. ' ti } :;::; � d �gg .ro.. t: '� _ •;:: :'L•: `:�•: ..:,, :':•gin .:. ,, '!: r :::. :: . �.... .1:: :..... •........:. .: : ' ..... -s;.. .:watid,•:}�'•;•:•r:•r:::•;' }ti p: Zoning change from "M2" to "(H)M1-10" wr John Mutton, Mayor Patti L. Barrie, Municipal Clerk r iL V SUBJECT � SITE HIGHWAY 4p LAKE ROAD � o LAKE u ti• 0 WQ J 0 K 7 O Bowmanville _ b THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON No BY-LAW NUMBER 2004- go being a By-Law to adopt Amendment No.37 to the Clarington Official Plan .r WHEREAS Section 17(22)of the Planning Act R.S.O. 1990, as amended, authorizes the so Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to permit the sale, repair, and outdoor display and storage of commercial motor vehicles in addition to other permitted uses. .rr NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: r 1. That Amendment No. 37 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted; .re 2. This By-Law shall come into force and take effect on the date of the passing hereof. �r By-Law read a first time this day of 2004 By-Law read a second time this day of 2004 wr By-Law read a third time and finally passed this day of 2004 r ..r John Mutton, Mayor r �r Patti L. Barrie, Municipal Clerk a j lar� n ow Leading the Way REPORT ■r PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report #: PSD-032-04 File #: ZBA-2000-009 By-law #: .. Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: LEGENDS CONSULTING ON BEHALF OF ST. STEPHEN'S ESTATES INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: aw 1. THAT Report PSD-032-04 be received; am 2. THAT the application submitted by Legends Consulting on behalf of St. Stephen's Estates Inc. to remove the "Holding (H)" symbol be APPROVED for Block 84 on Plan 40M-2048; 3. THAT the attached by-law to remove the "Holding (H)" symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by. Davi J. Crome, MCIP, R.P.P. Franklin Wu, .. Director of Planning Services Chief Administrative Officer SA/LT/DJC/Id ... March 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 648 .r REPORT: PSD-032-04 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Legends Consulting on behalf of St. Stephen's Estates Inc. 1.2 Rezoning: Removal of "Holding (H)" symbol from "Holding-Urban Residential Type One ((H)R1) Zone" to "Urban Residential Type One (R1) Zone". 1.3 Location: East side of Sprucewood Crescent, Block 84, Plan 40M-2048, Part of Lot 8, Concession 2, Bowmanville (Attachment 1). 2.0 BACKGROUND 2.1 Prior to final approval and registration of Plan 40M-2048, it was determined that the lands where Block 84 is now located were subject to erosion concerns and , would require further approvals from the Municipality and the Conservation Authority. These lands were draft approved as three (3) single family dwelling building lots. 2.2 Rather than delay the registration of the plan, it was agreed that the three (3) draft approved lots would be shown on the 40M-plan as a block for future development. Development could only proceed once the erosion issues had been resolved. To that end, the "Holding (H)" symbol remained in effect for this property until such time as the slope stability work was completed to the satisfaction of the Municipality and the Conservation Authority. 3.0 STAFF COMMENTS 3.1 The Clarington Engineering Services Department and Central Lake Ontario Conservation Authority, following the approval of the required erosion control works, are now satisfied with the slope stability work that has been completed by the applicant to permit the development of three (3) residential building lots as .. draft approved. As a result of the slope stability work required, a small parcel of land along the •• rear of Block 84, identified as Part 4 on Plan 40R-22519 (Attachment 1) has been transferred to the Municipality for open space purposes. 3.2 A Part Lot Control By-law was approved by Council on June 23, 2003 to permit the development of the three (3) lots, pending the lifting of the holding symbol for Block 84. .► 3.3 The subject property is presently zoned "Holding-Urban Residential Type One ((H)R1)". Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: 649 .w Services and municipal works; Measures to protect natural areas; Measures to mitigate the impact of development; Submission of technical studies; Execution of appropriate agreements; and/or Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: The development is consistent with the orderly and phased development of the Municipality; aw 0 The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard; and The Owner has satisfied all the requirements of the Regional Municipality •. of Durham with respect to the provision of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan have been satisfied. 3.4 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period �- afforded to a standard rezoning application, and accordingly, shall be deemed final and binding should Council grant approval of same. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map �- Attachment 2 - By-law for Removal of"Holding (H)" List of interested parties to be advised of Council's decision: Legends Consulting St. Stephen's Estates Inc. 4891 Dundas Street West 115 Woodstream Boulevard Suite 3 Unit 13 Etobicoke, ON M9A 1 B2 Woodbridge, ON L4L 8K5 .. 6 5 ATTACHMENT '6w � 90� 0 0.0 O 0s O '= ar it 11 �;, ., N 0 2 O O N pill- � O N 35.38 N68'19'50'E ..,, (REFERENCE BEARING) 0 ,i_Z r*1 !y d m wu: L O T 6 U N N Z Zoning Change From "(H)R1" To "R1 Zoning To Remain "(H)R1" Bowmanville Key Map l I ..r SPRUCEW0OD 00 ORE CRE S Subject ZBA 2001-020 MADDEN PUCE = Site U W Block 84, 40M-2048 Z MADDEN PUCE U N Q Zoning By-law Amendment Q NUMN PUCE ; � U NUMN PUCE N Owner: St. Stephens. Estates Inc. iREUNO SiREEf � LI SPRUCEWOOD ORES APPLE gtASSOM FILVD. �rr>-1 (TTTilsFFIT 1� r► ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- w being a By-Law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA-2001-020; NOW THEREFORE BE IT RESOLVED THAT, the Council .of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule"3"to By-law 84-63,as amended, is hereby further amended by changing the zone designation from: Holding-Urban Residential Type One ((H)R1)Zone to Urban Residential Type One (R1)Zone. r. 2. Schedule"A"attached hereto shall form part of this By-law. 3. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. rr By-Law read a first time this day of 2004 +rr By-Law read a second time this day of 2004 ,., By-Law read a third time and finally passed this day of 2004 .r John Mutton, Mayor Patti L. Barrie, Municipal Clerk r ; 0 .w This is Schedule "A" to By-law 2004- , passed this day of 3 2004 A.D. ' o 1 .,e Z sJ L 0 � •o. Pad i g.� 11, i�?: .p s � L . o Q 0'\ Q 40i�� �=` O. BRIM It fc 2 J O N rn h Oli N 35.38 N6819'50'E f7 ��v (REFERENCE SCARtNC) � m T ' Z s o r -4 ®Zoning Change From "(H)R1"To "R1" r Zoning To Remain "(H)R1" .r John Mutton, Mayor Patti L. Barrie, Municipal Clerk lS SPRUCEW000 CRE5 Subject ` MADDEN PUCE Z Site Z YADOEN PUCE U O Z O ir HLMON PLACE ; l.] W U 7 K a HUTTON PLACE IREIAH STREET � 2 17- SPRUCEVMD CRIES 9L0 ° M _ ��bf—r -�1 I I''f'71'31N Bowmanville' • arm n Leading the Way REPORT Now PLANNING SERVICES "" Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 aw Report#: PSD-033-04 Files #: ZBA 2003-040 By-law#: am Subject: REZONING APPLICATION TO PERMIT EXPANSION OF ZELLERS APPLICANT: VALIANT PROPERTY MANAGEMENT aim 2383 Highway 2, Bowmanville .,, RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee �. recommend to Council the following: 1. THAT Report PSD-033-04 be received; 2. THAT the application submitted by Zellers Canada Limited on behalf of Valiant Property Management to permit a 520 m2 expansion to the existing Zellers department store be APPROVED and that the attached By-law contained in Attachment 2 be passed; 3. THAT a copy of Report PSD-033-04 and Council's decision be forwarded to the Durham Region Planning Department; and, 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by vi . Crome, M.C.I.P.,R.P.P. Franklin Wu Dire or, Planning Services Chief Administrative Officer RH*CP*DC*df March 1, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 r .. � _ .. .r REPORT PSD-033-04 Page 2 .r 1.0 APPLICATION DETAILS 1.1 Applicant: Valiant Property Management + 1.2 Agent: Zellers Canada Limited 1.3 Rezoning: To amend the "General Commercial Exception (C1-14: Area A) Zone" to permit a 520 m2 warehousing expansion to the existing Zellers department store. .. 1.4 Site Area: 6.56 hectares 2.0 LOCATION 2.1 The Clarington Centre lands include 2377 to 2383 Highway 2 in Bowmanville (See Attachment 1). The applicant's land holdings total 6.56 hectares (16.21 acres). The property is located within Part Lot 16, Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On August 11, 2003, Staff received a rezoning application from Zellers Canada Limited on behalf of Valiant Property Management to permit a 520 m2 warehousing expansion to the existing Zellers department store. 3.2 A statutory Public Meeting was held on October 6, 2003 during which no member of the public spoke in opposition to or in support of the application. 3.3 Staff received a letter from an area resident who opposed the application for the following reasons. • The amount of traffic on Green Road relating to the Clarington Centre plaza is a concern. • The expansion will result in increased truck deliveries. „N • There are problems with noise and debris related to the development. Screening should be provided. These issues will be discussed in Section 8.4 of this report. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property currently contains the 18,309 m2 (197,087 ft2) Clarington Centre plaza, of which the Zellers department store occupies 8,361 m2 (90,000 ft2). The site is generally flat. 6 .rr REPORT PSD-033-04 Page 3 4.2 Surrounding Uses: East: Canadian Tire North: Commercial .. West: Commercial South: Future medium and high density urban residential 5.0 OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the subject lands "Retail Commercial" within the Bowmanville West Main Central Area Secondary Plan. These areas serve as the main concentrations of urban activities within the Municipality. �. Permitted uses include commercial, residential, community, cultural, and institutional uses. A total of 18,580 m2 (200,000 ft2) of retail commercial floorspace has been allocated to the Clarington Centre development. Although «. the additional floorspace would exceed the site's allocation, Section 24.5 of the Official Plan indicates that numeric figures are meant to be approximate unless otherwise specified. Minor deviations of floorspace limits are permitted up to 10%. The application conforms to the Official Plan policies. .. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "General Commercial Exception (C1-14: Area A) Zone", ,. which does not permit the proposed warehousing expansion due to floorspace limitations. In order to permit the additional floorspace, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 The Clarington Engineering Services Department and Clarington Emergency Service Department have no objections to the application provided that the applicant enters into a site plan agreement for the development. 7.2 The Durham Region Planning Department has indicated that the proposed rezoning application conforms to the Regional Official Plan. The Durham Regional Public Works Department will require site servicing drawings for site plan approval. 7.3 Central Lake Ontario Conservation has no objections to the rezoning provided r. that sedimentation and erosion control plans are submitted for site plan approval. r ; err REPORT PSD-033-04 Page 4 7.4 Although Hydro One Networks Inc. has not formally commented, the applicant Im will be required to accommodate any service upgrades necessary to construct the addition. as 8.0 COMMENTS so 8.1 The Official Plan identifies Clarington Boulevard as the focus of retail activity. The Urban Design Guidelines identify this precinct as the Clarington Boulevard am Commercial Mainstreet. It is to have a variety of street-related uses with a strong north-south pedestrian focus. To this end, the zoning of the Clarington Centre comprises two parts — Area A being plaza portion and Area B being the so mainstreet portion (see Attachment 2). A total of 929 m2 (10,000 ft2) street- oriented building was zoned within the "General Commercial Exception (C1-14: Area B) Zone" along Clarington Boulevard. The Kelsey's restaurant at Clarington Boulevard and Highway 2 only utilized 465 m2 (5,000 ft2) of the allocation. 8.2 The applicant advises that a building footprint and location, together with a site visibility restriction in the private covenant between Canadian Tire and Clarington Centre, preclude any further intensification of the Clarington Boulevard street frontage. The applicant proposes to transfer the remaining floorspace capacity to the "General Commercial Exception (C1-14: Area A) Zone" to accommodate the Zellers expansion. It is noted that the restrictive covenant is an arrangement made between Markborough Properties Ltd. and Canadian Tire Inc. Valiant has assumed the obligations of the former owner. The restrictive covenant should not be used as a basis for this application or the proposed density transfer. It would be contrary to the objectives of the West Main Central Area Secondary Plan. Staff do not support any "transfer" of floorspace from the Clarington Boulevard Commercial .� Mainstreet. 8.3 The proposed 520 m2 floorspace represents an increase of 2.80 % in total gross .� floor area over the original floorspace allocation of 18,580 m2. This increase is well within the 10% deviation policy permitted under Section 24.5 of the Official Plan. Zellers representatives have indicated that the additional floorspace will provide additional warehousing space to improve the store's operations. Staff feel that this floorspace increase is truly minor in nature. 8.4 The following comments are provided in response to the resident's concerns. • Green Road is classified as a Type "B" arterial in the Official Plan. It's function is to accommodate large volumes of traffic. Once the C.P. Rail .r underpass is constructed, it will serve as a major link between Baseline Road and Highway 2. Traffic volumes on this roadway will continue to increase as growth continues. .w r 6 J REPORT PSD-033-04 Page 5 • Clarington Centre is a major retail commercial facility, whose stores are ,,. served by trucks. Staff do not anticipate that the Zeller's expansion will lead to an increase in truck traffic. • Many of the loading areas have been screened as much as possible. .r There will be noise associated with loading areas and truck traffic, The landowner is requested to rectify problems with debris related to development. 8.5 The applicant has submitted an application for site plan approval (SPA 2003-037) to accommodate the building expansion. Staff will be proceeding to issue the •- necessary approvals to permit the Zeller's expansion. 8.6 Staff recommend that the Zoning by-law include an additional 203 square metres �. of additional retail floorspace to account for two other small additions that were constructed to expand existing stores. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of comments received from circulated agencies, the Clarington Official Plan, and Zoning By-law. In consideration of the comments contained in this report, Staff respectfully .w recommend that the rezoning application for the proposed use be APPROVED and that Council pass the By-law contained in Attachment 3. aw Attachments: Attachment 1 - Key Map Attachment 2 - Design Precincts — Urban Design Plan for West Main Central Area Attachment 3 - Proposed Zoning By-law _ r, ww REPORT PSD-033-04 Page 6 .r Interested parties to be notified of Council's decision: Andrew Glass to Zellers Canada Limited 8925 Torbram Road Brampton, ON L6T 4G1 ,, Robert Hann Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, ON L1 G 3S2 Scott Muir 1599 Green Road Bowmanville, ON L1 C 3K7 Peter Smith .w Bousfields Inc. Suite 200 3 Church Street Toronto, ON M5E 1 M2 .. 6 f ATTACHMENT 1 ... O HIGHWAY F aun FUTURE EXPANSION Q 1 U PARKING m LOBLAWS I e r w � W J r 0 PARKING FUTU m a RETAI Z a PARKING PROPOSED EXPANSION z_ w a AREA g RETAIL BLK 'B' ETAI PARKING ZELLERS G Z_ rrr Y tY Q 4. rrr � PRINCE WILLIAM BOULEVARD -� ,,. Bowmanville Key Map g Subject Site srEVENS RDAD ZBA 2003-040 2 °p ""` Zoning By-law Amendment NryUf 2 B0""TM01v CA SPA 2003-037 Site Plan Amendment U Z O = RUS ODD pRIRCE WILLIAM BLVD. u 4 7REWIR Owner: Valiant Property Management ATTACHMENT 2 No ad E E E u f e Ic 0 z • -E E 10 goo um 14 ---------------- Ij 6.A ,m t i AUMMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- being a By-Law to amend By-Law 84-63,the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of �. Newcastle in accordance with application ZBA 2003-040 to permit a 520 m2 warehousing expansion to the existing Zellers department store and recognize two existing retail expansions; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the �. Municipality of Clarington enacts as follows: 1. Section 16.5.14"GENERAL COMMERCIAL EXCEPTION (C1-14)ZONE"is hereby amended by replacing Section 16.5.14 d)ii)with the following: "ii) a maximum of 17,910 square metres of leasable total floor area shall be constructed within (C1-14 Area A)." 2. This By-Law shall come into effect on the date of the passing hereof, subject to the err provisions of Section 34 of the Planning Act, R.S.O. 1990. 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 yr Patti L. Barrie, Municipal Clerk Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - Date: Monday, March 8, 2004 Report#: PSD-034-04 File #: PLN 8.6.5 By-law#: Subject: OMB DECISION ON APPEALS BY THE TDL GROUP LTD. 258 King Street East, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-034-04 be received for information. f Submitted by: Reviewed by: D . Crome, MCIP, R.P.P. ranklin Wu, Director of Planning Services Chief Administrative Officer .. CP/DJC/df 3 March 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-0830 6 UJ .w REPORT NO.: PSD-034-04 PAGE 2 1.0 BACKGROUND 1.1 The TDL Group applied for site plan approval in April 2002 and removal of holding application in September 2002, for the property located on the north west corner of Kin Street East and Galbraith Court in Bowmanville. They proposed to construct a 130 m restaurant with a drive-through facility on the property. Appeals were filed to the OMB for failure by the Municipality to make a decision on these applications within 90 days. On January 6, 2003, Council adopted an Interim Control By-law for the lands known as • the King Street East Corridor, which included the subject lands. The TDL group, Janet and John Rice, George Tzalis, the Bowmanville Mall and the Jean Coutu Groupe filed appeals to the Interim Control By-law. Janet and John Rice had also appealed an •• application for site plan approval for 209 and 215 King Street East, the Kentucky Fried Chicken and Pizza Hut property. Staff was able to negotiate a withdrawal of the appeals by the Bowmanville Mall and the Jean Coutu Groupe. .r 1.2 The Municipality's solicitor and the Director of Planning and Engineering have briefed Council on the OMB's decision. The purpose of this report is to summarize the decision for the public. 2.0 OMB HEARING AND DECISION 2.1 The procedural order for the hearing divided the hearing into two phases: Phase 1 dealing with the Interim Control By-law and Phase 2 dealing with the site plan and zoning appeals by the TDL Group. The OMB scheduled five days at the end of June to hear the appeal to Interim Control By-law, as well as the two appeals by the TDL Group Ltd. At the end of the five days of hearing all the evidence related to the Interim Control INN By-law appeal had not been heard. As a result the Board member determined an additional 10 days was needed to hear the remainder of the evidence and argument on the appeal to the Interim Control By-law and the two appeals by the TDL Group Ltd. ,d The hearing was adjourned until December 2, 2003, the first available date accommodating the schedules of the board member and the solicitors for the TDL and the Municipality. 2.2 While the Board hearing was adjourned the Municipality completed the King Street East Corridor Study. A report with the study findings was prepared for Council's consideration in September. In October, Council adopted an Official Plan Amendment and zoning by-law amendment, implementing the study recommendations related to land use and repealed the Interim Control By-law. Both amendments were appealed to .� the OMB by three different parties, including the TDL Group Ltd. 2.3 When the hearing resumed in December, George Tzalis withdrew his appeal as the • Interim Control By-law had been repealed. The lawyer for the Municipality brought forward a motion requesting that the Phase 1 portion of the hearing be terminated. He argued that there was no point in continuing with the hearing on the appropriateness of the Interim Control By-law. The Municipality had completed the study intended during the Interim Control By-law, adopted Official Plan Amendment and Zoning By-law Amendment implementing the study recommendations related to land use and repealed the Interim Control By-law. Therefore, there was no longer a by-law in place for the OMB to amend, repeal or confirm. He further argued that the TDL applications should i ' b b t REPORT NO.: PSD-034-04 PAGE 3 be reviewed in the context of the planning policies that the Municipality had adopted through Official Plan Amendment #36 and a related Zoning By-law Amendment. Therefore, the appeals by TDL on the site plan and removal of holding applications should be dismissed or consolidated with the appeal of Official Plan Amendment and the related zoning by-law amendment for the King Street East Corridor. n„ 2.4 The Board after receiving both verbal and written argument provided a ruling on the motion. The Board member ruled that the appeal to the Interim Control By-law was moot and the Phase 1 portion of the hearing should not continue. However, the Board .. member determined that because the Official Plan Amendment and zoning by-law amendment have been appealed, and the Interim Control By-law was repealed, the planning regulations in place prior to January 6, 2003 are applicable for the review of .. the TDL applications. As a result the appeal by TDL on the site plan and removal of holding applications would proceed. The balance of the two weeks, as well as two additional days, were dedicated to planning, transportation and urban design evidence ... and legal argument with respect to why the application and removal of holding application should, or should not be approved. •• 2.5 In February the Board released its decision (Attachment 1). In summary the Board allowed the appeal on the site plan application, preferring the evidence of TDL on most, but not all, issues. However, on the removal of holding, the Board determined that there is need to have intersection improvements completed at Galbraith and King St. E. prior to allowing the development to proceed. Therefore the removal of Holding is premature. "However, due to the promising manner that intersection improvements were addressed �- by the Municipal Engineer, his engineering consultants . . . the Board will withhold its Order dismissing the Appeal for six months to allow, in the public interest, for the intersection improvements to be advanced in the good faith expressed to date." 3.0 FOLLOW-UP ON THE DECISION 3.1 Further to the Solicitor's report to Council on the decision, and Council's authorization, an application seeking leave to appeal certain aspects of the Board's decision has been filed with the Divisional Court on the grounds that the Ontario Municipal Board erred in law. The Municipality's Solicitor will continue to keep Council informed of ongoing matters related to the Board's decision. 3.2 Engineering Services is continuing to review opportunities for improvements to traffic safety, operations and capacity for the King Street East Corridor. „�. 3.3 A pre-hearing conference on the appeals of Official Plan Amendment #36 and the related Zoning By-law to implement the King Street East Corridor is being scheduled for April. Attachments: Attachment 1 - O.M.B. Decision ObJ ATTACHMENT 1. ISSUE DATE: February 4, 2004 DECISION/ORDER NO: PL021066 ® .r 0214 Ontario PL030235 Ontario Municipal Board Commission des affaires municipales de I'Ontario .� Janet Rice and John Rice have referred to the Ontario Municipal Board under subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, determination and settlement of details of a site plan for lands composed of 209 and 215 King Street East, in the Municipality of Clarington OMB File No. M020115 (PL021066) TDL Group Ltd. has referred to the Ontario Municipal Board under subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, determination and settlement of details of a site plan for lands identified as 258 King Street East, in the Municipality of Clarington O.M.B. File No. M020094 (PL020908) TDL Group Ltd. has appealed to the Ontario Municipal Board under subsections 36(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to remove the Holding (H) symbol from lands municipally known as 258 King Street East, in the Municipality of Clarington OMB File No. Z020171 (PL020908) Janet Rice and John Rice, TDL Group Ltd., 591617 Ontario Limited, Le Groupe Jean Coutu (PJC) Inc., and Bowmanville Mall have appealed to the Ontario Municipal Board under r subsection 38(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Interim Control Zoning By-law 2003-01, in the Municipality of Clarington OMB File No. R030046 (PL030235) r APPEARANCES: Parties Counsel*/Agent TDL Group Ltd. S. Makuch* S. B. Leisk* Municipality of Clarington D. Hefferon* 591617 Ontario Limited George T. Zalis DECISION OF THE BOARD DELIVERED BY N.C. JACKSON b 6 J .� M - 2 - PL021066 PL020908 PL030235 Before the Board in this Hearing are a number of Appeals to Clarington Interim aw Control By-law 2003-01 passed January 6, 2003 to be in effect for the period of one year. There have been a number of settlements with Appellants and other Appellants have chosen not to be present. Only TDL Group Ltd. (hereinafter referred to as TDL) is now present as an Appellant to the Interim Control By-law. Also part of this hearing and set for hearing by this panel following the Interim Control By-law first phase hearing .. is a hearing on TDL Appeals to determine a site plan and to amend Zoning By-law 84- 63 to remove the H Symbol for property at 258 King Street, in the Municipality of Clarington. The removal of the H is related. Both of these TDL Appeals on site Plan determination and the removal of the H were set for Hearing by this Board but were adjourned at the request of Clarington to be heard with the Interim Control By-law. That decision was contested by TDL, however at this point in time the site plan and related H-zoning removal are within a Procedural Order of this Board providing for hearing by this panel. A site plan control Appeal by Janet and John Rice for their property at 215 and 209 King Street was also consolidated with the Interim Control By- law Appeals. That appeal, at the request of counsel for the Appellants Rice, was set for a later date before this panel and then not proceeded with. The Rice site plan control Appeal has not been abandoned. The Appellants Rice and their counsel, are not ,,. present in this Interim Control By-law first phase hearing although they did appeal the Interim Control By-law. .. This Panel commenced hearing evidence during the week of June 23, 2003 on the TDL Appeal to Interim Control By-law. Evidence was not completed in that week and the Hearing was adjourned to December 2, 2003. That delay was in part due to commitments by Counsel for TDL. Counsel for Clarington sought a one-day adjournment to December 3, 2003 that was granted on Consent. On the resumption of this Hearing on December 3, 2003, counsel for Clarington .. informed the Board that Clarington Council had enacted new zoning, an Official Plan Amendment and repealed the Interim Control By-law 2003-01. The Repealing By-law 2003-173 was given three readings and passed on October 20, 2003. The new zoning, By-law 2003-153 and Official Plan Amendment 36 were passed the same date, October r - 3 - PL021066 PL020908 " PL030235 20,2003. To date, there have been four Appeals to the new Zoning and Official Plan Amendment. Three of the Appellants were not Appellants to the Interim Control By-law and not Parties in the present Hearing. Accordingly, following the discussion with counsel present, this Panel of the Board determined that the Appeals to the new Official Plan Amendment and Zoning would be heard by new panel of the Board following the .. Municipality applying to the Board for a Hearing date. The presently constituted panel then would not hear evidence on those new instruments. It was noted by counsel for the Municipality that included in the new instruments were changes in zoning and the Official Plan from commercial to residential for the TDL property at 258 King Street. On December 3 2003, The Municipality moved for the striking of issues 1 to 3 inclusive from the Issues List in the Procedural Order, dealing with TDL's appeal to the Interim Control By-law. The effect of that Motion is to terminate this Phase 1 Hearing. Mr. Hefferon for the Municipality asserts that the three issues associated with the repealed Interim Control By-law are now moot. He relies upon that doctrine as set out in Borowski v. Canada, [1989] 1 S.C.R. 342. In that case, Mr. Justice Sopinka explains the mootness doctrine as follows: The doctrine of mootness is an aspect of a general policy or practice that a Court may decline to decide a case which raises a hypothetical or abstract question. The general principle applies when the decision of the court will not have the effect of resolving some controversy which affects or may affect the rights of the Parties. If the decision of the court will have no practical effect on such rights, the court will decline to decide the case. The essential ingredient must be present not only when the action or proceeding is commenced but at • the time when the court is called upon to reach a decision. Accordingly, if subsequent to the initiation of the action or proceeding, events occur which affect the relationship of the Parties so that no present live controversy exists which affects the rights of the Parties, the case is said to be moot. The general policy or practice is enforced in moot cases unless the court exercises its discretion to depart from its policy or practice. .r The Court then outlined the following three considerations: 1. The competence of the court is rooted in the adversary system. Are 660 -4 - PL021066 PL020908 PL030235 there collateral consequences of the outcome that will provide the necessary adversarial context? 2. Judicial economy. •- 3. The need of the court to demonstrate an awareness of its proper law making function. Pronouncing in the absence of a dispute may be viewed as encroaching on the legislative branch. Moreover, Mr. Hefferon asserts that a repealing By-law does not require approval and is not before this Board. Re: Cadillac Development Corp. Ltd. et a/ and City of Toronto (1974) 1 O.R. (2d) 1 and Re: City of Hamilton Official Plan Amendment 12 and By-laws 84-64 and 88-86(1990) O.M.B.R.476. UW Mr. Hefferon then requests that the TDL Group Ltd. Site Plan and related H removal not be heard by this panel, but be heard by the new panel of the Board after the hearing of the new Official Plan and Zoning Amendment 2003-153. Mr. Makuch for TDL Group in his primary argument, does not dispute mootness but asks that the Board find the repeal date not be on October 20, 2003 but effective back to the day of passing - January 6, 2003. In the alternative, Mr. Makuch asks that this hearing continue based upon the collateral consequence that he has applied for a r.. building permit which may be litigated. In that litigation the three issues sought to be struck, could, he asserts, if a finding is made in his favour, be relevant as to the timing of the permit application and its determination. The three issues relate to an attack on the Interim Control By-law respecting bad faith, lack of planning purpose and failure to exempt the TDL property from the By-law. Mr. Makuch requests the second phase hearing on his site plan appeal and removal of the H be heard by this panel based upon the doctrine of adjudication upon the planning instruments in effect at the time of the Application. Clergy Properties Ltd. v. r•• City of Mississauga 34 O.M.B.R. 277 as confirmed in Greater Toronto Airports Authority v. Clergy Properties Ltd. (Div.Ct.) File No. 3/97. .r .r - 5 - PL021066 PL020908 PL030235 -� The Board has carefully considered the oral and written legal argument. Both Parties agree the Board has jurisdiction to rule on this issue of mootness as inherent to the Board's jurisdiction to decide questions of planning and law under section 37 of the Ontario Municipal Board Act. Toronto (City) v. Goldlist Properties Inc.,[2003] O.J. No. .� 3931. The Board finds issues 1, 2, and 3 as related to the Interim Control By-law to be moot as a result of the repeal of that By-law. The Board is aware that there may be a dispute in respect of a building permit application made by TDL in 2002. The jurisdiction over any other possible dispute rests with the courts under the Building Code Act. The Board has listened carefully to arguments imputing bad faith as a result of the repeal. Those arguments, following the repeal, are for the Courts to determine. .rr Although the Board was interested in the effect of the repeal, particularly under the enabling legislation in section 38, subsections 6 and 6.1 of the Planning Act, the Board cannot implement, following a legislative repeal, in the normal manner of a Board ordered repeal or amendment to the By-law, if it found in favour of TDL on those three issues. The request of TDL to order a repeal effective the date of enactment appears retroactive and more in the nature of a Declaration that is best left to the courts, following the repeal. The Repealing By-law is not before the Board nor does it require .� approval. It may be judicially interpreted. The Board understands that in repealing the Interim Control By-law on October 20, 2003, the Municipality can no longer claim the benefit of the deeming in section 38(6.1) as they could have, if its Interim Control By-law had expired before the new zoning comes into effect. An Interim Control By-law comes into effect on the day it is passed whereas normal Zoning under section 34 of the Planning Act, if appealed, (inchoate), does not come into effect until the disposition of the Appeals by the Ontario Municipal. Board. The deeming of section 38(6.1) of the Planning Act expanded the normal breathing space intended by the Legislature from the term of the Interim Control By-law to the time of disposition by the Board of the new section 34 Zoning By-law. .r -- J wr - 6 - PL021066 PL020908 AW PL030235 If the Municipality is successful in the new Appeal of the section 34 Zoning By- as law, that By-law could date back in effectiveness to the date of its passage on October 20, 2003. If the Municipality is not successful, in all respects, the new section 34 By- law, depending on disposition, may not date back. Those considerations and inferences as to the intent in giving up the deemed extension to an interim control under section 38(6.1) at a point, after the Appellants case is in on the Interim Control By-law, and the Municipality has only commenced its case, are best left to the Courts. At this point in time, collateral consequences are indefinite and not of sufficient clarity to deter from the general principle of mootness. The Board finds for the Municipality on the first part of its Motion and orders issues 1, 2, 3, on the Issues List of the Procedural Order, struck. With regard to the second part of the motion, to adjourn the second phase (site plan control and deleting the H from the Zoning), of this Hearing to the new hearing on By-law 2003-153 and Official Plan Amendment 36 (not yet fixed as to time), the Board finds against the Municipality for the following reasons. Based upon the Clergy principle affirmed in the Courts aforementioned, the Appellant has the right to have the site plan ` control appeal and the second Appeal related to the lifting of the H in the Zoning heard under planning instruments in effect at the time of the Application. The Interim Control By-law is repealed. The new Zoning By-law 2003-153 is not in effect as it is under Appeal. If By-law 2003-53 withstands the appeals and comes into effect, its effective we date would be the date of its passing. That is yet to be determined. The adjournment of the site plan and H-Zoning appeals to this time and to this panel was made in .. conjunction with the Interim Control By-law at the request of the Municipality. This panel is seized, and in accordance with the Procedural Order, those Appeals ought to be heard. This Hearing will continue to hear the TDL Appeals respecting site plan approval and the lifting of the H-Zoning under the Zoning and Official Plan in effect at the time of the Applications and now in effect following repeal of the Interim Control By- law. ..r - 7 - PL021066 PL020908 PL030235 The Motion of Clarington is accordingly granted in part to strike issues 1 to 3 .r inclusive from the Issues List of the Procedural Order. The Motion is not granted in respect of the adjournment of the second phase of this Hearing to the new hearing for Official Plan Amendment 36 and Zoning By-law Amendment 2003-153. Second Phase of the Hearing-Site Plan Control Appeal and Appeal from the failure of Clarington to lift the H Holding Symbol from By-law 84-63 by Zoning Amendment. ` 258 King Street east is a vacant property in the King Street East Corridor of the Bomanville urban area, Municipality of Clarington. The property is 36.58 meters in width, 49 meters in depth, with a size of 1796 square meters. The site is leased and is under option by TDL. The location is at the northwest corner of King Street East and Galbraith Court, a residential cul-de-sac, serving approximately 92 homes. Across King Street, south of the subject property is the Bowmanville Mall with an exit—entrance from King Street East. To the east across Galbraith is the Strathaven Nursing Home with some 329 beds. To the west, on King Street East is the Henry Apartment Building with .r some 52 units. King Street East abutting the subject property is a five-lane arterial which changes in number of lanes west of Frank Street. King Street is recognized under the Clarington Official Plan as the primary commercial street of Bowmanville. 258 King Street East is designated in the Official Plan as Strip Commercial. The Plan requires the Main Central Area (the subject property is part of the Main Central Area of the Bowmanville Urban Area) to be developed in accordance with urban design •.+ objectives and to be a place of high quality urban environment for pedestrians. Proposed is one-storey restaurant of 130.9 square meters. Twenty- six seats are .. planned inside with a take-out stacking line with capacity for 15 cars. Parking spaces are provided for nine cars, none of which are located within the front yard facing King Street East. The front yard setback is 11 metres from the property line to building face. There is an additional seven-metre strip to the sidewalk reserved through an earlier r a - 8 - PL021066 PL020908 PL030235 street widening. Vehicular access is planned to Galbraith Court with no vehicular ... access to King Street East. A loading area is planned to the rear-north area of the site. Pedestrian access is planned from King Street East. Current zoning in effect is Neighbourhood Commercial permitting an eating establishment — a take out. The primary use must be consumption of food off the premises. The Holding Symbol has the effect of restricting this and other uses while the Holding Symbol remains in effect. Following the filing of Applications for site plan Approval and Zoning Amendment .. to remove the H Symbol, the Municipality failed to approve of the site plan following discussions and circulation. The Application to remove the H was not circulated or processed and was not approved. Both Appeals, as noted above were consolidated and are heard together. The Board undertook a site visit with counsel for the Parties so aw as to best appreciate evidence brought forward in the Hearing. The Board hearing was hotly contested with each side calling expert planning witnesses, traffic design and r. engineering and urban design evidence, followed by informed, cogent, legal argument. Site Plan Control Reference to the Ontario Municipal Board Very early in this site plan control process, in writing, the Director of Engineering of the Municipality, with support from his consulting engineers on retainer, expressed to the TDL that TDL ought to look for another site and that he could assist. The reasons given amounted to concerns with the capacity of King Street East, the accident rate at "" the intersection of King Street East and Galbraith Court and that the site at 258 King Street East was too small. It should be noted that TDL had recently tried to locate at 219 King Street East. TDL had, following discussions with the Municipality, particularly over access, abandoned the application. In viva voce evidence by the Director of .• Engineering it was apparent to the Board that his concerns were heartfelt arising for the safety of users of municipal roads under his mandate. In his evidence he referred to other Tim Horton outlets in another municipality, where he lives that at peak times may backup, in the stacking lane, and onto the street access. There are admissions in the .r+ .r - 9 - PL021066 PL020908 PL030235 written materials filed that led planning and engineering staff of the Municipality to consider that they could not achieve their goals through the site plan control process and accordingly Clarington proceeded with the Interim Control By-law as noted above. •�+ Through a lengthy site plan control process for 258 King Street East, evidenced by correspondence filed with the Board, there is an effort by both sides to arrive at a mutually acceptable site plan. The use was recognized by the Municipality and constructive suggestions were advanced by the planner of the municipality. Those suggestions were mainly accepted by TDL: The Proposed building was downsized from 230 square meters to 130 square meters; Access originally proposed to King and Galbraith was restricted to Galbraith; The location of the building was reconfigured, landscaping, design features and fencing were addressed; r The motor vehicle stacking lane was increased to 15 spaces with capacity for over-storage of three more spaces on site, .w Nine on-site parking spaces were provided in accordance with the Zoning By-law, The number of eat in chairs was reduced to 24, pedestrian access was provided from King Street East. Technical agencies and the Region on circulation raised no objection. From this process and the viva voce planning evidence at the hearing, the Board concludes the planning process was proceeding to the determination of a site plan, if off-site traffic engineering for the intersection could be resolved. .r 6 � ' -t - 10 - PL021066 PL020908 PL030235 Traffic There was however a concern with intersection traffic that was first expressed by the Director of Engineering. That resulted in TDL being requested to file an Engineering ,— Report on the accident history at King Street East/Galbraith intersection. That was filed and the consultant concluded that from the accident history, the problem movement was a northbound left hand movement at the Bowmanville Mall access. That movement, the engineering consultant concluded was not relevant to the proposed development. TDL was then requested by the Engineering consultant for the Municipality, to undertake a trip generation and trip distribution analysis. That second report was prepared by Engineers for TDL and filed with the Municipality. That report based its findings on ITE Trip Generation Manual and trip generations of Tim Horton establishments in the Greater Toronto Area. It notes from Traffic engineering literature based upon surveys that 70% of traffic generated by fast food facilities is impulse traffic. Morning peak, in and out volume was estimated at 85 trips per hour. Consulting engineers for the Municipality could, after deliberations with engineers for TDL, .not accept trip generation .. figures proposed. Following disagreement on traffic engineering trip generation and then concern respecting level of service operating levels at the intersection of King Street East and Galbraith Court, the proposed site plan was not approved, a reference was made to this Board to determine the site plan and Interim Control was passed by the Municipality. The Municipality sought through the Board process, disclosure of data of similar sized Tim Horton establishments (Model 1400). Restaurants at 3316 Lake Shore Boulevard West, Toronto, 426 Kipling Avenue, Toronto, 380 Weston Road, Toronto were surveyed as were larger restaurants at Highway 2 and Centrefield Drive and Highway 2 and Townline Road, the latter two in Clarington. The municipal consulting engineers carried out field research at the above five locations regarding parking and traffic characteristics. Conclusions reached include: 1. A higher trip generation up to 350 per peak hour with resultant high turning movement volumes on the public road system. Trip Generation rates vary with floor area and the volume of passing traffic. At the two j7j .rr ..r PL021066 PL020908 PL030235 Clarington sites, trip generation has exceeded earlier estimates. 2. Parking and stacking numbers varied by site but 15 spaces for stacking "may be sufficient," although the conclusion emphasizes the difficulty in being definitive. 3. Parking at the three 1,400 restaurants was found to be inadequate and on the subject site the nine proposed parking spots were found to be insufficient, such that there could be adverse impacts on the residential neighbourhood. 4. The conclusion reached regarding the proposed use is that with higher turning movement vehicular traffic, the existing safety issue in the intersection would be exacerbated. 5. Improvements recommended include restricting the Bowmanville Mall Access opposite Galbraith Court to right turns only and establishing a new signalized access for the Bowmanville Mall to the east of Galbraith Court and opposite the Strathaven Lifecare Centre. The Director of Engineering clarified that meetings had been held with the Mall and Strathaven representatives with some agreement. Public information meetings r were scheduled for early January 2004, to further the intersection change process. This appears to the Board to be a proactive process for which the Municipality ought to be .� acknowledged. The importance of the intersection change is clear from the evidence of the municipal consulting engineer that this existing intersection must remain unsignalized although meeting traffic warrants, due to the close proximity of an existing signalized intersection to the west. The possibility of confusing the motorist is called -+ "conspicuity". The municipal consulting engineer's evidence addressed how the intersection was now operating and how it could operate with projected traffic for TDL proposal. The conclusions reached were that southbound left turn would be at level of service F during mid-afternoon Saturday, peaktime for both TDL operation and for the road (the evidence of TDL is that the peaks do not occur at the same time on Saturday). The same Level 1 ,1 .,w w - 12 - PL021066 PL020908 PL030235 of Service F is evident in the municipal consulting engineering evidence for existing .� northbound left hand turns from the Bowmanville Mall at peaks. The consulting engineer retained by TDL for this hearing, did not present the same type of trip generation actual data nor a formal traffic impact assessment for the proposed TDL restaurant. Rather he undertook a gap study and then mixed that data with market and other data from other TDL restaurants. His estimated trip generation was at peak 200 in and outs. Although the evidence of the consulting traffic engineer for the Municipality was more direct and "by the book" - the Highway Capacity Manual, the Board found the evidence of the TDL consulting engineer helpful as well. The timing of gaps is referenced in the Traffic Manual for unsignalized intersections - the American Highway Capacity Manual 2000. This Manual provides under Performance Measures that the computer model is based upon a critical gap size. The Manual references the assistance of field data and the importance of not focusing on a single measure of effectiveness for the worst movement only. The TDL traffic consultant showed a high degree of familiarity with other TDL operations, setting the context of other requirements and site plans. For instance, the goal of serving a customer every 25 seconds in the context of efficiency, staffing and location was helpful. The TDL consulting traffic witness presented a video taken on the second Saturday before Christmas, one of the busiest days of the year for the Bowmanville Mall. The timing as with other similar evidence was disputed as to road peak and TDL peak. The Board was satisfied the r. video made, Exhibit 30, was proper reply evidence depicting significant gaps across the King Street East - Galbraith Court intersection. The TDL witness suggested other traffic considerations such as two lanes south on Galbraith on existing pavement, adjusting the stop line and concurring in improvements to the Mall entrance. He suggested this r. access to the Bowmanville Mall backed up due to a poorly designed site plan for exiting. The Municipal consulting engineer also queried site circulation based upon his surveys. In his conclusion, after reviewing an additional TDL store in Cobourg near the 401 with signage on the Highway, he stated, "If you build it, they will come". This 67 / i ..r w - 13 - PL021066 PL020908 �+ PL030235 statement the Board disregards as an admission of the difficulty of arriving at any meaningful standard. Two residents residing on Galbraith Court testified of their concerns with safety arising from accident reports. The Board in weighing the traffic evidence finds that from the cogency of the Municipal Traffic evidence, when combined with the history of 27 accidents in the King w+ Street East — Galbraith Court intersection in the last five years, that there is a need to address intersection improvements prior to this project proceeding. The accidents and evidence adopted by the Board.relates primarily to turns in and out of the Bowmanville Mall. The approval of a site plan is however not the proper tool to address off-site improvements. Site plan approval under section 41 of the Planning Act is site oriented. First City Shopping Centre Group v. Gloucester, [1990) O.M.B.D. No. 2035 at 7 and Polla v. Toronto (City) Chief Building Official, [2000) O.J. No. 4399. Counsel for .r Clarington, concedes this point, but argues the state of the intersection is relevant to the other Appeal respecting the lifting of the H Symbol. The Board, in the site plan Appeal Wo must find that off-site intersection considerations are beyond its jurisdiction to consider under section 41 of the Planning Act. The consideration of same in the other Appeal will follow. Parking on site can be a site plan control consideration if not legislated in the Zoning By-law. In this case nine on site parking spaces are provided on site. In February of 2000 a Joint Municipal Study of Fast Food Restaurant, Drive-Thru and Parking was completed. Clarington participated in the study. Although the study was not formally adopted, evidence in this Hearing indicates it has been applied. Although that study would require 19 parking spots on this site, the Study states, "the results of the survey of parking utilization suggest that a reduced parking ratio for fast food drive- thru restaurants is justified in comparison to standards for convenience restaurants without drive-thru lanes". This principle is not disputed by the traffic engineers testifying - 14 - PL021066 PL020908 PL030235 in this hearing. That study could require 12 spaces in the drive-thru. A 15-space drive- .. thru with capacity for three more spaces on site is provided. The Board finds from the planning and traffic evidence of TDL that the combination of nine parking and 15 spots in the drive thru are reasonable. Since nine spaces are in the Zoning By-law of Clarington for on site parking, the Board is, in any event, not in a position to impose more. Martins v. Ottawa (City), [1996] O.M.B.D. No. 320 and Kally's Restaurant Inc. v. Scarborough (City), [1991] O.M.B.D. No.1248, reversed on other grounds, 12 O.R. (3d) 312 9 (Div. Ct.). The drive-thru itself provides 15 spaces, with capacity for 18. The drive-thru was crucial to the first expression of concern in the site plan process. This stacking lane is not regulated under the current zoning By-law and is subject to regulation under site aw plan control. The evidence of TDL that the drive-thru capacity is generous, relative to other sites with problems, is truly a distinguishing factor. This conclusion is admitted by the Municipal traffic consultant after an in-depth survey and study of other comparable sized operations. .. On site circulation was questioned. The evidence asserted by the TDL witnesses is that pedestrian access crossing the stacking lane is safer than through a parking lot. The loading space, also regulated by the Zoning By-law, provides for forward entry and backup into the 15th space at the end of stacking line. Although the size of the delivery truck was questioned, it was reasonably answered that different sized trucks are used relative to the size of space on the different sites. On-site circulation is found to be reasonably provided for on the site plan. Urban Design The Official Plan of the Municipality requires the consideration of urban design principles including: 1. Street front oriented; - 15 - PL021066 PL020908 PL030235 2. Ease of access and safety; 3. Parking to be to the side and rear; 4. Land use compatibility through appropriate siting; .� 5. Design and landscaping; 6. Existing trees are to be preserved where possible; 7. Pedestrian areas; 8. Building siting to provide a continuous edge to the street, and .r 9. Consistency of setback with the established building line of abutting properties. Municipal evidence was entered through a staff planner and a consulting urban designer. They asked the Board to consider the maintenance of a number of mature trees at the northwest corner of the site. The building they suggested should be enlarged and reoriented, so that the larger side view would face King Street. They requested that the pitched roof on the King Street face functionally extend around the building to integrate with residential uses on Galbraith Court. With respect to buffering, it was requested the Board consider a nine metre setback to the south of the property to be sensitive to the proximity of the stacking lane, with impact of noise, light and emissions on the residential home to the south. They suggested a 1.8 metre buffer to the west to buffer the five-storey apartment building. Planning evidence and urban design evidence from TDL suggested that in the site plan process the building had, in redesign, become street oriented. It had been moved but now was setback in accordance with the Strathhaven setback and minimum front yard zoning setback. That front zoning setback would have to be amended if the building was to be brought to street edge. Parking is situate to the rear and west side .� of the proposed building and no parking is provided either in the front yard abutting King Street or the yard abutting Galbraith Court. The evidence of TDL through its urban .w b ': J w - 16 - PL021066 PL020908 PL030235 designer, an architect previously employed administering site plan approval for the City of Toronto, is that this proposal will enhance the street pedestrian realm with the building being brought closer to the street yet conforming with other policies respecting setback of other buildings. The evidence of the TDL witnesses confirmed compliance with the Municipality's landscape Design Guidelines whereas the municipal consulting urban designer was not familiar with those Municipal Guidelines set out in Exhibit 19. The same municipal witness was not familiar with the detail of Ministry of the Environment Guidelines on Noise to substantiate his concerns raised on noise. The Board will not impose greater setback and buffering than is contained in the Municipalities Zoning and Landscape Guidelines. The three metre setback to the north together with an existing fence were recognized by the municipal planner in the earlier detailed site plan control process as was the fence proposed in accordance with the Zoning on the westerly lot line. Significant landscaping on the separate landscaping plan, a part of the site plan package, was reviewed earlier with the Municipality and seemed acceptable at that time. Credibility is diminished when there is not consistency with the earlier municipally administered site plan process. The voice speaker box has been located toward King Street where the proposed building will act as a buffer for the residence to the north and west. The Board finds general conformity of the proposed site plan with the Official Plan and in particular, with the urban design policies set out therein and in the Secondary Plan. The Board will however require that the roofing design, as depicted facing King Street, be consistent on all sides. In addition, the height of the fence to the west is to be reduced to .75 meters for a distance of three metres as specified in section 3.1(1)0 of the Zoning By-law. Thirdly, TDL is required to submit a lighting plan showing the manner in which light will be deflected away from the residential neighbours. Fourthly, the pylon sign will be relocated and vegetation removed from the southwest corner in r- accordance with section 3.21 of the Zoning By-law. w - 17 - PL021066 PL020908 too PL030235 The Board was urged by the Municipal counsel to not approve of the site plan. Counsel argued that the deletion of the word "settle" in section 41,subsection12.1 of the Planning Act, as it now reads through an amendment in 2002 strengthened the Board's r+ position to not approve of the site plan. The Board, on consideration, believes the continuation of the word "determine" with the word "referral" in section 41 leaves the Board with a similar jurisdiction as before the amendment. That amendment was made in an omnibus bill for efficiency dealing with repetition in the legislation. The Board does agree with Municipal Counsel that even in the absence of direct language in section 41 of the Planning Act to allow or dismiss the Appeal, the Board could, where evidence warranted, refuse to approve of the Site Plan. In this case, the evidence does not so . warrant and the Board chooses to determine the site plan as set out above. The Board requires the Plan be changed to reflect the above and will remain seized for implementation in the form of amended plans and an agreement in the form of Exhibit 17. .. Appeal to remove the H Holding Symbol This appeal was not processed by the Municipality pending the resolution of the site plan. There was limited evidence and argument on this Appeal in this Hearing. There is no argument as to invalidity of the use of the Holding mechanism under the enabling authority section 36 of the Planning Act. Section 36(2) of the Planning Act .. requires that the Official Plan contain provisions relating to the use of the holding symbol. The main section 36(1) stipulates that the Council may specify the use to which the lands may be put in the future when the Holding Symbol is removed by amendment to the By-law. Section 36(4) provides for an Appeal to the Board if Council refuses or ..w neglects to make a decision on an application to amend the By-law. The Board's authority is to hear the Appeal and dismiss or amend the By-law to remove the holding symbol. .r - 18 - PL021066 PL020908 PL030235 The Board is urged by the Municipality to dismiss the Appeal since it is argued the amending By-law is not in accordance with the Official Plan and would then transgress section 24 of the Planning Act. The Official Plan provides inter alia, in section 23.4.3, Holding provisions may be used to ensure, that prior to development the following matters have been addressed and approved to the satisfaction of the Municipality: A) services and municipal works; G) any other requirements as may be deemed necessary by Council including the implementation of the policies of this Plan. aw The Board finds conformity with G. The Zoning By-law provides that with the H, the use of lands shall be limited to residential uses, conservation, forestry and farm uses exclusive of livestock operation. The Zoning By-law states the Holding Symbol may be removed upon Council being satisfied that the uses to be permitted will be adequately serviced; the lands to be used have adequate access. The Municipality argues that "services and municipal works" could include the intersection transportation services. TDL relies upon evidence that the H was passed in conjunction with the subdivision creating the lot and other residential lots on Galbraith Court in 1990. A sentence in the Planning Report referenced the lifting of the H when the Subdivision Agreement was registered. The Board finds, as set out in the Site Plan Appeal, that there is a need to address intersection improvements prior to this project proceeding. Those improvements can be interpreted as municipal works or services and are related directly to the usability of the subject property. Intersection improvements planned by the Municipality in moving the mall entranceway and restricting the current Mall access, if implemented, will satisfy this Official Plan requirement. The Board has carefully j r - 19 - PL021066 PL020908 PL030235 weighed all Planning and Engineering evidence. The Board notes that the Official Plan restricts access to King Street and intends the use of local streets such as Galbraith Court where possible. The Official Plan also prohibits drive-thrus in another down town designation, the Street Related Commercial Area. The designation of Strip Commercial on the subject property does not prohibit drive-thrus. The Official Plan encourages the improvement of traffic operations on King Street. Since the intersection improvement has not been effected and will involve the final approval of third parties, the Board concludes that, at this moment the H-zoning Appeal must be dismissed as premature. However, due to the promising manner that intersection improvements were addressed by the Municipal Engineer, his engineering consultants and the past and present consulting engineers for TDL, the Board will withhold its Order dismissing the Appeal for six months to allow, in the public interest, for the intersection improvements to be advanced in the good faith expressed to date. The Board may be spoken to by both legal counsel. If the intersection improvements planned for, proceed, the Board will hear evidence in a continuation. In the event that the improvements do not proceed, the Board's Order will issue dismissing the H Symbol zoning amendment. Despite the Board having found favour with the site plan subject to certain amendments because the site plan requires that the H be lifted, the Board will dismiss the site plan appeal if the intersection improvements do not proceed. TDL has raised the issue of costs. If costs are pursued, Clarington will be served .� in accordance with the Boards Rules. ISO WN "N.C. Jackson" N.C. JACKSON MEMBER wr • Leading the Way REPORT •• ENGINEERING SERVICES DEPARTMENT �- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Resolution #: Report#: EGD-09-04 File #: By-law#: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2004. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-09-04 be received for information. Submitted by: Reviewed by.' A. S. Cannella, C.E.T. ranklin Wu Director of Engineering Services Chief Administrative Officer ASC*RP*bb February 27, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-6506 701 .r REPORT NO.: EGD-09-04 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of February 2004, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF YEAR TO YEAR TO CHANGE FEBRUARY 2004 DATE 2004 DATE 2003 OF VALUE YTD 04-03 Permits Issued 51 139 146 VALUE OF CONSTRUCTION Residential $5,962,136 $18,195,878 $17,805,728 2.2% Industrial $5,000 $5,000 $50,000 -90.0% Government $0 $0 $0 N/A Commercial $70,750 $1,361,250 $135,111 907.5% Institutional $60,300 $105,300 $265,000 -60.3% Agricultural $0 $35,000 $0 N/A Ontario Hydro $0 $0 $17,000 N/A Miscellaneous $10,000 $10,000 $0 N/A TOTAL $6,108,186 1 $19,712,428 $18,272,839 7.9% .� The following is a historical comparison of the building permits issued for the month of "FEBRUARY" and "YEAR TO DATE" for a three year period. Historical Data for Month of"FEBRUARY" Historical Data"YEAR TO DATE" $25,000,000 00 $12,000,000 $10,000,000 $20,000,000 $8,000,000 $15,000,000 $6,000,000 $10,000,000 � $4,000,000 $2,000,000 $5,000,000 w $0 $0 2004 2003 2002 2004 2003 2002 Mvalue $6,108,186 $11,244,347 $4,470,473 ®value $19,712,428 $18,272,839 $6,768,798 r11 .9 REPORT NO.: EGD-09-04 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "FEBRUARY" and "YEAR TO DATE". Dwelling Unit Type FEBRUARY Dwelling Unit Type "YEAR TO DATE �. 0 2004" 0 14 2004" Townhouse 0% Townhouse 0 Apartment 13% Apartment 0% r 0% 17 ,.. 14 Single 40 Semi- Detached Semi- Detached 55% Detached 50 45% 38% Single Detached 49% 0 Single Detached 17 0 Single Detached 50 r 0 Semi-Detached 14 0 Semi-Detached 40 0 Townhouse 0 0 Townhouse 14 0 Apartment 0 0 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: ■- APPLICANT CONSTR TYPE LOCATION VALUE r Attachment#1 — Monthly Building Permit Activity Report Attachment#2 — Historical Comparison of Building Permit Municipality of Clarington Building Services - Monthly Activity Report February 2004 2004 2003 Type of Construction I February I Year to Date February Year to Date Residential: Single Detached 17 50 27 31 Semi-Detached 14 40 44 90 Townhouse 0 14 0 0 Apartment 0 0 0 0 Other Construction 10 18 6 15 Sub Total 41 122 77 136 Industrial: New Building 0 0 0 0 Addition/Alteration 1 1 0 1 Sub Total 1 1 0 1 .r Government: New Building 0 0 0 0 Addition/Alteration 0 0 0 0 Sub Total 0 Q 0 0 r Commercial: New Building 0 1 0 0 Addition/Alteration 4 5 2 4 Sub Total 4 6 2 4 Institutional: New Building 0 1 0 0 Addition/Alteration 2 3 1 2 Sub Total 2 4 1 2 Agricultural: New Building 0 2 0 0 Addition/Alteration 0 0 0 0 Sub Total 0 2 0 0 Ontario Hydro: New Building 0 0 0 0 Addition/Alteration 0 0 0 1 Sub Total 0 0 0 1 HVAC, Plumbing & Miscellaneous: 2 2 0 0 r+ Demolition: 1 2 1 2 TOTALS 51 139 81 146 CONSTRC�TUT�'t�ALU 2004 2003 February Year to Date February Year to Date .r Residential: $5,962,136 $18,195,878 $10,959,236 $17,805,728 Industrial: $5,000 $5,000 0 $50,000 Government: 0 0 0 0 Commercial: $70,750 $1,361,250 $35,111 $135,111 Institutional: $60,300 $105,300 $250,000 $265,000 Agricultural: 0 $35,000. 0 0 Ontario Hydro: 0 0 0 $17,000 Miscellaneous: $10,000 $10,000 0 0 TOTALS $6,108,186 $19,712,428 $11,244,347 $18,272,839 TO February 2004 Nk A. 2004 2003 February Year to Date February Year to Date PERMIT FEES $43,448 $135,949 $75,456 $128,142 rr s iNSPECTI4 E 2004 2003 February Year to Date February Year to Date Building Inspections 456 827 416 832 OWN Plumbing Inspections 260 492 295 637 TOTALS 716 1319 711 1 1469 US Q IF w 2004 2003 February Year to Date February Year to Date Single Detached 17 50 27 31 Semi-Detached 14 40 44 90 ... Townhouse 0 14 0 0 Apartments 0 0 0 0 TOTALS 31 104 71 121 YEAR: 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 AREA (to month) r. Bowmanville 67 468 345 312 188 184 313 423 217 229 406 Courtice 9 180 133 129 231 296 254 295 331 170 388 Newcastle 27 123 131 1 76 110 78 4 5 3 4 Wilmot Creek 29 38 24 19 21 33 21 16 16 10 Orono 1 1 1 2 Darlington 13 17 47 102 31 14 20 17 21 11 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 J 2 Solina 3 1 1 1 Tyrone 3 1 9 3 TOTALS 1 104 1843 1701 609 679 640 636 801 601 447 834 Dn:gpafeb4a.doc _ ? n5 • �l11 11 Leading the Way REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 8, 2004 Report#: EGD-10-04 File #: TR.20.13 By-law#: Subject: CLARINGTON TRANSIT QUARTERLY STATUS REPORT FOR FOURTH QUARTER 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-10-04 be received for information. r Submitted by: Anthony Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC*jb*jw CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 70U .r REPORT NO.: EGD-10-04 PAGE 2 1.0 BACKGROUND This is the fourth quarter 2003 status report for the Clarington Transit system. The information contained within this report should be read in conjunction with the Clarington Transit information found in the Cash Activity Report FND-05-04 prepared by Finance. 2.0 INPUT FROM OTHER SOURCES as We have received monthly ridership data from the Oshawa Transit Commission. r 3.0 ANALYSIS At the end of our first full year of operation our year-to-date revenue recovery for „ Clarington Transit was approximately 28.3%. As suggested previously, the industry benchmark for revenue recovery in the first year of operation is approximately 30%, w Clarington Transit is certainly within the appropriate range. Ridership continues to remain steady. 4.0 RIDERSHIP October November December 2003 2003 2003 Total Adult Ridership 2,982 2,877 2,660 Total Student Ridership 8,660 7,861 5,432 Total Sr./Child Ridership 732 705 660 Total Monthly Ridership 12,489 11,580 8,827 Average Daily 462 463 353 Ridership based on 27 service based on 25 service based on 25 service days (one PA day) days days (school was out for a full 9 of these days) Total Transfers 649 514 505 7117 REPORT NO.: EGD-10-04 PAGE 3 5.0 CONCLUSION Clarington Transit continues to look for ways to improve service to the residents of this Municipality. In November of 2003 two new routes were introduced in Clarington, one to Wilmot Creek and the other to Orono. These routes offer alternate day rotating service to each community. The Wilmot Creek service operates on Monday, Wednesday and Friday with the Orono service operating on Tuesdays and Thursdays. By taking advantage of available downtime we were pleased to find that we were able to provide this service using the school bus extra vehicle we are already currently paying for. Ultimately the implementation of these two routes promises to be very cost effective. Clarington Transit staff will be monitoring ridership for both the Orono and Wilmot Creek routes over a six month period to look at ways that we might adjust the service to suit the needs of the riders we are serving in both of these communities. A six-month evaluation report will be forthcoming. �' 7 0 8 11. • Leading the Way REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee NN Date: March 8, 2004 Resolution #: Report#: CSD-02-04 File #: By-law #: 6. Subject: 2004 MUNICIPAL GRANTS 6. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No. CSD-02-04 be received; 2. THAT Council consider all submitted grant requests; 3. THAT all requested funds exceeding the $5,000.00 limit be referred to the Municipal budget process; and, 4. THAT all applicants be advised of Council's decision. W Submitted by: Reviewed b . J s h P. Caruana Franklin Wu it ctor of Community Services Chief Administrative Officer JPC/BT/SC/JM CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T (905)623-3379 F(905)623-5506 r. REPORT NO. CSD-02-04 PAGE 2 1.0 BACKGROUND 1.1 The Municipal Grant process is intended to provide financial assistance to community organizations providing programs and services within the Municipality of Clarington. The policy statement (Attachment#1) establishes the objective, criteria, categories, funding source and public notice for the Municipal Grant Process. 1.2 The policy provides four (4) distinct categories for grant distribution. Each applicant must meet the required definition for at least one of the following four categories: Recreation/Leisure Services, Civic, Social and Hall Board/ Community Centres. Organizations that receive any form of other funding from the Municipality of Clarington are not eligible to apply. Please note for the assistance of Council, the grant application have been presented within the appropriate funding categories. 1.3 Applications for funding through the Municipal Grant Process must not exceed $5,000.00. Applications requesting in excess of$5,000.00 if approved will refer the amount over$5,000.00 directly to the budget process to be dealt with on an individual basis external to the municipal grant process. Late applications or requests received subsequent to the current year's municipal budget will be referred to Council for direction. 1.4 The Municipal Grant Policy establishes $1.00 per capita as the annual funding source for the grant process. Staff have identified $76,000.00 as the maximum dollar amount available for the year 2004. 1.5 In keeping with current policy, an advertisement was placed in all local papers announcing the program and establishing a deadline for filing an application. A total of 46 applications have been received for review and consideration, compared to 47 in the 2003 process. The 46 applications represent a total of $170,240.00 in requested funding, compared to $191,189.00 in the 2003 process. 2.0 APPLICATION PROCESS 2.1 All applications received by the Department have been recorded onto a summary sheet (Attachment#2) providing Council and staff with an overview of all applications being considered. 2.2 Each application is also presented on a one-page summary from 04-01 through 04-46 providing basic information necessary in considering the appropriate level of funding for each applicant organization. 2.3 All 2004 submissions reflect the grant request amount in their 2004 revenue statements. 100 k REPORT NO. CSD-02-04 PAGE 3 160 2.4 All applicants who submitted incomplete financial information were contacted and requested to forward the outstanding information. r. 3.0 ADDITIONAL INFORMATION 3.1 From time to time various applicants make comments through the application 60 process or in other cases resolutions of Council were previously approved that may affect how a particular application is dealt with. The following applications and associated comments are provided for the information of Council. 60 3.2 Application 04-09 -Tyrone Community Centre—This application is requesting funds for replacement tables and chairs, which are capital items. It has been forwarded to the Director of Operations for his consideration. t 3.3 Application 04-10 — Newcastle Arena Management Board —This application is 6. requesting funds for tables and chairs, signage and a trophy case which are capital items. It has been forwarded to the Director of Operations for his consideration. r. 3.4 Application 04-12- Solina Community Centre—This application is requesting funds for resurfacing of tennis courts, upgrading the parking lot, redecorate the hall, appliances for the hall, picnic shelter and canteen, and upgrades to the ball diamonds and soccer fields, which are capital items. It has been forwarded to the i Director of Operations for his consideration. 3.5 Application 04-17- Kendal Loyal Orange Lodge #405 - This application is requesting funds to improve the facilities at the hall to allow more of their ` fundraising efforts to go to local charities. Criteria #4 stipulates capital funding may be considered as a one time grant. tow 3.6 Application 04-32 - Clarington Swim Club—This applicantion currently has an outstanding account for pool rentals with the municipality. Consideration should be given to directing any grant monies to pay down their account. 3.7 Application 04-35 - St. Francis of Assisi School —This application is requesting 6o funding to assist in the purchase of playground equipment which would benefit the surrounding community. Council has in the past committed $700.00 to similar requests on a one time basis. St. Francis of Assisi School applied and was granted $700.00 in 2002. 3.8 Application 04-43 - Clarington Speed Skating Club - This application is requesting funding to assist in the purchase of supplemental safety pads, necessitated by the club's relocation to the larger Olympic ice surface at South Courtice Arena. Criteria #4 stipulates capital funding may be considered as a one bw time grant. I t �� REPORT NO. CSD-02-04 PAGE 4 3.9 Application 04-46 — Newcastle Community Hall —This application is requesting funding in excess of$5,000.00. As per Criteria V, the excess amount of $8,000.00 will be referred to the Budget Process. 4.0 COMMENT 4.1 The Municipal Grant Program in Clarington ensures citizen involvement in recreational/leisure, civic, social and community hall boards enhancing community well being. 4.2 Each application is on file in the Community Services Department and will be made available during grant discussions should further details of a particular application be required. 1004 `. REPORT NO. CSD-02-04 PAGE 5 ATTACHMENT #1 TO REPORT #CSD-02-04 ,,. MUNICIPALITY OF CLARINGTON DEPARTMENT OF COMMUNITY SERVICES MUNICIPAL GRANT POLICY Revised September 20, 2002 OBJECTIVE To provide financial assistance to those organizations which provide direct services or programs to the residents of the Municipality of Clarington. ., CRITERIA 1. The organization requesting financial assistance must be based within the .. Municipality of Clarington or the Region of Durham. 2. Regionally based organizations must provide details demonstrating how their service r. directly benefits the residents of Clarington. 3. Organizations must be volunteer based, or operate as not for profit. 4. Funding applications will be considered for operational expenses only. Capital requests may be considered as a one-time grant only (excluding Hall 6 Boards/Community Centres). 5. Organizations that receive any form of other funding from the Municipality of Clarington are not eligible to apply. 6. Applications for funding through the Municipal Grant Process must not exceed $5,000.00. 7. Applications requesting in excess of$5,000.00 will be referred directly to the budget process to be dealt with on an individual basis external to the Grant Process. 8. Late applications or requests received subsequent to the current year's municipal budget approval will be referred to Council for direction. 9. That areas where the Provincial or Federal government is responsible through ownership of the property or through the School Board budgets, not be eligible for a grant (excluding playground funding). 10.That Citizen Ratepayers Associations not be eligible for a grant. REPORT NO. CSD-02-04 PAGE 6 ATTACHMENT #1 TO REPORT #CSD-02-04 FUNDING CATEGORIES 1. Recreation/Leisure Services This category is defined as those organizations offering athletic or leisure opportunities not offered by the Municipality. 2. Civic This category is defined as those organizations providing events, or services promoting the Municipality of Clarington (i.e. Santa Clause Parade, Horticultural „ Societies, Historical Society etc.) 3. Social This category is defined as those organizations offering specific service (other than recreational/leisure) to residents of the Municipality of Clarington. 4. Hall Boards/Community Centres This category is defined as a Hall Board or Community Centre that operates and maintains a Municipally-owned facility. (Please note grants will be considered for operational expenses only. Capital requests must be referred to the appropriate municipal representative for consideration during annual budget deliberations.) MUNICIPAL GRANT FUNDING FORMULA To consider all eligible grants, the Municipality of Clarington will provide a funding formula of$1.00 per capita annually. All unallocated funds will remain in the unallocated grant account for un-anticipated requests received during the current year. PUBLIC NOTICE The Municipality of Clarington will provide public notice of the Municipal Grant Program twice each year through local newspapers. 2004 GRANT INFORMATION ATTACHbUMT #2 TO REPORT #CSD-02-04 SUMMARY O Em 04-01 Newcastle Horticulture Society Civic Pam Daley 905-987-3040 12-04-03 '350.00 350.00 350.00 350.00 350.00 04-02 Bowmanville Horticultural Society 1 v EFic Elaine Hutton 905-263-8589 01-06-04 350.00 350.00 350.00 350.00 350.00 04-03 Orono Horticultural Society Civic Flora Sharpe 905-983-9761 01-07-04 350.00 350.00 350.00 350.00 350.00 04-04 Ecology Garden/Bowmanville Organic Garden Civic Vincent Powers 905-263-9907 01-02-04 2,360.00 350.00 350.00 350.00 350.00 04-05 Bowmanville Santa Claus Parade Civic Betty Irving 905-623-6218 01-13-04 2,000.00 2,000.00 2,000.00 2,000.00 3,000.00 04-06 Newcastle Village District Historical Society Civic Myno Van Dyke 905-987-5482 01-07-04 1,500.00 1,000.00 1,500.00 750.00 1,500.00 04-07--K ndal Community Centre HB Com. Centre Shane Hartwell 905-983=6210 01-14-04 3,000.00 2,500.00 3,000.00 2,500.00 3,000.00 04-08 Newtonville Hall Board HB Com. Centre Wally Boughen 905-786-2239 01-15-04 1,500.00 1,500.00 Referred to Capital 5,000.00 04-09 04-10 04-11 04-12 04-13 04-14 04-15 04-16 Tyrone Community Centre Newcastle Arena Management Board Clarington Beech Centre Soling Community Centre Seniors of Newcastle Great Canadian Town Band Festival Big Brothers and Sisters of Clarington Humane Society of Durham Region HB Com. Centre HB Com. Centre HB Com. Centre HB Com. Centre Social Social Social Social Shari Rowan 905-263-4554 Gordon Lee 905-987-1899 Maurice Richards 905-623-2032 Helen Wotten 905-263-2512 Alec Martin 905-987-4937 David Climenhage Lisa McNee- Baker 905-623-6646 Karin Martens 905-728-9240 01-16-04 01-16-04 01-16-04 01-19-04 12-04-03 01-13-04 01-09-04 01-14-04 Did not apply Did not apply Did not apply 2,500.00 Did not apply Did not apply 5,000.00 Did not apply Did not apply Did not apply Did not apply 2,500.00 Did not apply Did not apply 2,500.00 Did not apply 3,500.00 3,000.00 3,500.00 3,500.00 2,500.00 5,000.00 4,200.00 3,000.00 5,000.00 1,000.00 1,000.00 1,500.00 Did not apply Did not apply 1,000.00 5,000.00 500.00 5,000.00 5,000.00 2,5000.0 5,000.00 3,000.00 1,000.00 5,000.00 ATTACHMENT #2 TO REPORT #CSD-02-04 2004 GRANT INFORMATION SUMMARY 0Kendal Loyal Orange Social Richard 01-15-04 Did not Did not id not 2,500.00 7not Lodge #405 Lowery apply apply apply 905-983-6342 04-18 Learning Disabilities Social Shari Davis 01-15-04 Did not Did not 4, . Denied 3,500.00 705-748-9455 apply apply Association of Peterborough 04-19 Bethesda House Social Jaki 01-16-04 5,000.00 5,000.00 5,000.00 1,850.00 5,000.00 MacKinnon 905-623-6045 04-20 Durham Region Community Care Social Sally Barrie 01-16-04 10,000.00 5,000.00 12,000.00 5,000.00 12,000.00 905-623-6330 (Grant) (Grant) Association 1,650.00 7,000.00 04-21 DeVries Family Social Wietze 01-16-04 Did not (Budget) Did not Did not (Budget) Did not 5,000.00 Ministry DeVries apply apply apply apply 905-786-2545 04-22 Clarington Concert Social Colin Rowe 01-16-04 Did not Did not Did not Did not 1,500.00 Band 905-697-8956 apply apply apply apply 04-23 The Clarington Social Terri Gray 01-16-04 Did not Did not 5,000.00 Denied 5,000.00 ` Project 905-623-3858 apply apply 04-24 OVERT Social Shane 01-16-04 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 Harbinson 905-261-7826 04-25 Clarington Older Social John Coffey 01-16-04 8,000.00 5,000.00 5,000.00 5,000.00 5,000.00 Adults Association 905-623-5246 (Grant) 3,000.00 (Budget) 04-26 Durham Family Court Social Dikla 01-16-04 Did not Did not Did not Did not 2,400.00 Clinic Weitzner apply apply apply apply 905-881-6938 04-27 Clarington East Social Kaye Quinney 01-14-04 5,000.00 1,500.00 5,000.00 1,500.00 5,000.00 Food Bank 905-987-5378 04-28 Clarington Fiddle Social Shirley Did not Did not Did not Did not 1,000.00 Club Severn ' apply apply apply apply 905-987-4465 , 04-29 Newcastle Colts Rec. Kathleen 01-16-04 Did not Did not Did not Did not 1,500.00 Soccer Club Pasquet apply apply apply apply 905-987-4830 04-30 Clarington Rec. Gail Johnson 01-16-04 Did not Did not Did not Did not 5,000.00 Tigercats 905-623-1749 apply apply apply apply _ m F C _- r -m U-11 it- rT�7- U, f r , f r I f V , t f fr , . U ATTACM[ENT #2 TO REPORT #CSD-02-04 2004 GRANT INFORMATION STDAMAR V U4-.il Clarington Orioles Rec. Ken Key 01-16-04 1,500.00 1,500.00 3,000.00 1,500.00 3,000.00 Baseball Club 905-623-6383 04-32 Clarington Swim Rec. Carolyn Hart 01-16-04 5,000.00 1,500.00 5,000.00 1,500.00 1,500.00 Club 905-983-1050 04-33 Newcastle Skating Rec. Helen Page 01-16-04 3,000.00 1,500.00 3,000.00 1,500.00 3,000.00 Club 905-987-1762 04-34 Orono Figure Rec. Charlene 01-16-04 3,500.00 1,500.00 4,000.00 1,500.00 4,000.00 Skating Club Perrin 905-983-1009 04-35 St. Francis of Rec. Theresa 01-16-04 Did not Did not Did not Did not 5,000.00 Assis School Vanhaverbeke apply apply apply apply 905-987-7209 04-36 Courtice Soccer Rec. Martin 01-16-04 Did not Did not Did not Did not 3,000.00 Association Hillebrand apply apply apply apply 905-436-9386 04-37 Tyrone Athletic Rec. Brent Mason 01-16-04 5,000.00 2,000.00 5,000.00 2,000.00 5,000.00 Association 905-263-4576 04-38 Ganaraska Wolves Rec. Ian Forster 01-16-04 Not 500.00 2,000.00 1,500.00 2,000.00 Volleyball Club 905-263-8438 specific 04-39 Bowmanville Rec. Sam Norwood 01-16-04 1,700.00 1,500.00 1,700.00 1,500.00 4,000.00 Newcastle Baseball 905-885-5668 Association 04-40 Clarington Girls Rec. Dave Abraham 01-16-04 Did not Did not Did not Did not 1,000.00 Slo Pitch 905-987-1833 apply apply apply apply 04-41 Friends of Second Rec. Chris Conti 01-16-04 Did not Did not Did not Did not 5,000.00 Marsh 905-723-5047 apply apply apply apply 04-42 Clarington Minor Rec. Greg McDowell 01-16-04 Did not Did not Did not Did not 4,000.00 Hockey Association 905-434-7409 apply apply apply apply 04-43 Clarington Speed Rec. Kathlynn Hoch 01-15-04 Did not Did not Did not Did not 5,000.00 Skating Club 905-697-2132 apply apply apply apply 04-44 Newcastle Village Rec. Anne Fattori 5,000.00 1,500.00 5,000.00 1,500.00 5,000.00 Minor Hockey 905-987-5665a Association Inc. 04-45 Orono Amateur Rec. Laverne Boyd 01-05-04 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 Athletic 905-983-5236 Association 04-46 Newcastle Community HB Com. Gabrielle 11,500.00 11,500.00 13,000.00 5,000.00 13,000.00 Hall Centre Bell (Grant) 905-987-3856 8,000.00 (Budget) MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: NEWCASTLE HORTICULTURAL SlJCIET'Y _.. APPLICATION#04-01 CONTACT NAME Pam Daley ADDRESS 20 King Street West P.O.Box Unit 1 TOWN/POSTAL Newcastle, Ontario CODE LIB 1H7 TELEPHONE # 905-987-5038 DESCRIPTION OF PROGRAMS AND SERVICES: Flower,vegetable competitions&exhibits. Host speakers on horticultural&environmental issues,host luncheon for seniors.Host garden tours,plant auctions and sales. Donate and help plant bulbs to schools. Junior gardening program. 2004 is the 90''anniversary. TOTAL MEMBERSHIP/PARTICIPANTS: 105 ADULTS REVENUE 2003 2044 TOTAL $2,965.00 $2,953.77 EXPENSES ! 2003 2004 TOTAL EXPENSES $2,200.00 $2,093.83 NET OPERATION EXPENSES 2003 2004 LESS REVENUE $765.00 $859.94 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002:GRANT rill 2003 GRANT 2004:GRANT. APPRO''VED APPROVED REQUESTED $350.00 $350.00 $350.00 �j MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: BOWMANVILLE HORTICULTURAL SOCIETY APPLICATION# 04-02 CONTACT NAME Elaine Hutton ADDRESS 2440 Taunton Road TOWN/POSTAL Bowmanville, Ontario CODE L1C 3K2 TELEPHONE # 905-263-8589 r. DESCRIPTION OF PROGRAMS AND SERVICES: Civic improvement projects—planting trees, shrubs & flowers. Host meetings for instruction& discussion on horticulture. Participate in The Apple Blossom Contest. Hold exhibits for production of flowers,vegetable&landscape projects. +r. TOTAL MEMBERSHIP/PARTICIPANTS: 65 +w REVENUE 2003 2004 TOTAL $5,538.43 $6077.24 EXPENSES 2003 2004 TOTAL EXPENSES $4,411.19 $6720.00 L NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $1,127.24 ($642.76) SURPLUS DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $350.00 $350.00 $350.00 � Ui 1 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: ORONO HORTICULTURAL SOCIETY APPLICATION# 04-03 CONTACT NAME Flora Sharpe ADDRESS Box 426 TOWN/POSTAL Orono,Ontario CODE LOB 1MO TELEPHONE # 905-983-9761 DESCRIPTION OF PROGRAMS AND SERVICES: Plant&maintain planters in the Village of Orono&the library. Donate bulbs to local schools. Host meetings and bus trips. Participate in local shows. TOTAL MEMBERSHIP/PARTICIPANTS: 104 REVENUE 2003 2004 TOTAL $6,000.00 $5,750.00 EXPENSES 2003 2004 TOTAL EXPENSES $5,941.00 $6,420.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $59.00 ($670.00) SURPLUS DEFICIT MUNICIPAL GRANT HISTORY: ., 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $350.00 $350.00 $350.00 4 MUNICIPALITY OF CLARINGTON j` SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: BOWMANVILLE COMMUNITY GARDEN/ORGANIC GARDEN APPLICATION # 04-04 CONTACT NAME Vincent Powers ADDRESS 4720 Old Scugog Road TOWN/POSTAL Bowmanville, Ontario CODE L1C 3K2 TELEPHONE # 905-263-9907 DESCRIPTION OF PROGRAMS AND SERVICES: To be a leader in organic information and a networking resource. Provide the residents of Clarington and the rest of Durham with the opportunity to grow organic vegetable. Provide areas bw for individuals and organizations to grow own vegetables. TOTAL MEMBERSIHP/PARTICIPANTS: 91 REVENUE 2003 2004 w TOTAL $890.81 $1282.69 EXPENSES 2003 2004 TOTAL EXPENSES $458.12 $1,350.00 NET OPERATION-EXPENSES 2003 2004' LESS REVENUE $432.69 ($67.31) SURPLUS DEFICIT ir. MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $350.00 $350.00 $350.00 w• Ir. MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: BOWMANVILLE SANTA CLAUS PARADE APPLICATION#04-05 CONTACT NAME Betty Irving ADDRESS 6 Mann St. TOWN/POSTAL Bowmanville, Ont. CODE L1C 2H5 TELEPHONE # 905-623-6218 DESCRIPTION OF PROGRAMS AND SERVICES: To provide an entertaining parade for the general public celebrating the beginning of the Christmas Season. People of all ages and abilities are encouraged to participate. TOTAL MEMBERSHIP/PARTICIPANTS: 10 REVENUE 2003 2004 TOTAL $17,000.00 $18,000.00 EXPENSES 2003` 2004 TOTAL EXPENSES $18,650.00 $19,350.00 NET OPERATION—'EXPENSES 2003 2004 LESS REVENUE ($1,650.00) ($1,350.00) DEFICIT DEFICIT MUNICIPAL GRANT HISTORY: , 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $2000.00 $3,000.00 $3,000.00 J i -r F MUNICIPALITY OF CLARINGTON bw SUMMARY OF GRANT INFORMATION f APPLICANT OGRANIZATION: NEWCASTLE VILLAGE AND DISTRICT HISTORICAL SOCIETY APPLICATION# 04-06 CONTACT NAME Myno Van Dyke ADDRESS 20 King Street West TOWN/POSTAL Newcastle, Ontario CODE L1B 1H7 TELEPHONE # 905-987-5482 DESCRIPTION OF PROGRAMS AND SERVICES: Display collection of memorabilia,pictures,books and archival resources in Newcastle. Guest speakers and presentations of past historical events of note. Produce Historical Newsletter quarterly. Maintain WebSite pertaining to the history of Newcastle and area. TOTAL MEMBERSHIP/PARTICIPANTS: 70 REVENUE 2003 2004' r �r TOTAL $9,225.00 $2,969.00 a. EXPENSES 2003_ 2004 TOTAL EXPENSES $9,281.00 $3,385.00 NET OPERATION-EXPENSES 2003 2004' LESS REVENUE ($56.00) ($416.00) DEFICIT DEFICIT r. MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT • APPROVED APPROVED REQUESTED $750.00 $750.00 $1,500.00 %W 1 (.� i5 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: KENDAL COMMUNITY CENTRE APPLICATION# 04-07 CONTACT NAME Shane Hartwell ADDRESS 6742 Newtonville Rd. TOWN/POSTAL Kendal CODE LOA IEO TELEPHONE # 905-983-6210 DESCRIPTION OF PROGRAMS AND SERVICES: Community centre for dances (adult&youth),various programs, sports and youth/child playgroups. Kendal Day. TOTAL MEMBERSHIP/PARTICIPANTS: 100+ REVENUE 2003 2004` TOTAL $10,356.13 $10,356.13 EXPENSES 2003 2004'' TOTAL EXPENSES $10,061.88 $9,918.77 NET OPERATION—EXPENSES 2 S 003 2004 LESS REVENUE $294.25 $437.36 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $2,500.00 2,500.00 $3,000.00 1Mr MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: NEWTONVILLE HALL BOARD APPLICATION# 04-08 CONTACT NAME Wally Boughen ADDRESS Church Street, General Delivery TOWN/POSTAL Newtonville, Ontario CODE LOA 1JO TELEPHONE # 905-786-2239 DESCRIPTION OF PROGRAMS AND SERVICES: ;r. Community centre,recreational activities. Funding is for program development. r. TOTAL MEMBERSHIP/PARTICIPANTS: 9 REVENUE 2003 2004 TOTAL $5,975.00 it EXPENSES 2003 2004 TOTAL EXPENSES $3,600.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE' $2,375.00 ,, SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED "" $1,500.00 $1,500.00 $5,000.00 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: TYRONE COMMUNITY CENTRE APPLICATION#04-09 CONTACT NAME Shari Rowan ADDRESS 2716 Concession Road 7,Box 86 TOWN/POSTAL Tyrone CODE L1C 3K6 TELEPHONE # 905-263-4554 DESCRIPTION OF PROGRAMS AND SERVICES: Community Hall,programs, fairs and a youth centre under development. $6,500.00 expense for new tables/chairs. TOTAL MEMBERSHIP/PARTICIPANTS: Benefits all members of Community REVENUE 2003 2004 " TOTAL $34,269.69 $34,500.00 EXPENSES 2003 2004 TOTAL EXPENSES $30,842.23 $38,100.00 NET OPERATION—EXPENSES <' 2003' 2004 LESS REVENUE $3,427.46 ($3,600.00) SURPLUS DEFICIT MUNICIPAL GRANT HISTORY: , 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY $3,000.00 3,500.00 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION r` APPLICANT OGRANIZATION: NEWCASTLE MEMORIAL ARENA MANAGEMENT BOARD �r. APPLICATION#04-10 CONTACT NAME Gord Lee ADDRESS 89 Foster Creek Drive TOWN/POSTAL Newcastle,Ontario CODE LIB IG5 TELEPHONE # 905-987-1899 ,. DESCRIPTION OF PROGRAMS AND SERVICES: Municipal ice rink running hockey, figure and pleasure skating in the winter and ball hockey, lacrosse and day camps in the summer. r.. TOTAL MEMBERSHIP/PARTICIPANTS: 8 REVENUE 2003 2004 TOTAL $290,050.00 $312,200.00 r•• EXPENSES 2003 2004 TOTAL EXPENSES $289,400.00 $301.650.00 NET OPERATION-EXPENSES 2003 2004 LESS REVENUE $650.00 $10,550.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY $2,500.00 $5,000.00 %W � U MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON BEECH CENTRE APPLICATION#04-11 CONTACT NAME Moe Richards ADDRESS 26 Beech Ave. TOWN/POSTAL Bowmanville, Ontario CODE L1C 3A2 TELEPHONE# 905-697-2856 DESCRIPTION OF PROGRAMS AND SERVICES: Manage the centre on behalf of Municipality which the COAA have all their activities and rent space to the general public. Grant to cover unbudgeted expenses—elevator maintenance,waste removal, fire/security monitoring and snow removal. TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 2004 TOTAL $57,695.00 $49,900.00 EXPENSES 2003 2004 TOTAL EXPENSES $55,144.00 $49,600.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $2,551.00 $300.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY $3,000.00 $5,000.00 1020 Yr MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: SOLINA COMMUNITY CENTRE APPLICATION#04-12 o. CONTACT NAME Helen Wotten ADDRESS 1914 Concession Road 6 TOWN/POSTAL Solina, Ontario CODE LOB 1JO TELEPHONE # 905-263-2512 w. DESCRIPTION OF PROGRAMS AND SERVICES: Hall rentals, tournaments,meetings,playground,baseball, soccer and recreational activities. r TOTAL MEMBERSHIP/PARTICIPANTS: 300 REVENUE 2003 2004 TOTAL $40,567.11 $45,200.00 r. EXPENSES 2003 2004 TOTAL EXPENSES $38,412.02 $39,300.00 NET OPERATION-EXPENSES 2003 2004 LESS REVENUE $2,155.09 $5,900.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT' APPROVED APPROVED REQUESTED i~ $2,500.00 $1,000.00 $1,500.00 ow MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: SENIORS OF NEWCASTLE APPLICATION#04-13 CONTACT NAME Alec Martin ADDRESS 1590 Stepenson Rd. ,RR8 TOWN/POSTAL Newcastle CODE L1B 1L9 TELEPHONE # 905-987-4937 DESCRIPTION OF PROGRAMS AND SERVICES: Programs for seniors-Bowling, cards, Christmas Dinner, Summer barbecue Note:2003 revenue-$1066.23—GIC donated to group -$984.64—carry over from 2002 TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 2004 $4718.69 $2060.00 TOTAL EXPENSES 2003 2004' $3378.33 $1383.00 TOTAL EXPENSES NET OPERATION EXPENSES 2003 2004' LESS REVENUE $1340.36 $677.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $1,000.00 4 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: THE GREAT CANADIAN TOWN BAND FESTIVAL APPLICATION# 04-14 CONTACT NAME Dave Climenhage ADDRESS P.O. Box 337 TOWN/POSTAL Orono,Ontario CODE LOB 1MO TELEPHONE # 905-983-9494 DESCRIPTION OF PROGRAMS AND SERVICES: This is a three day Major International Music Festival that features the best Wind Ensembles in Canada bringing in tourists from around Ontario, Quebec and neighbouring states. Trillium funding 50%in 2004—need to find replacement funding. w TOTAL MEMBERSHIP/PARTICIPANTS: 95 REVENUE 2003 2004 TOTAL $81,762.00 $77,140.00 w EXPENSES 2003 2004 a* TOTAL EXPENSES $73,122.00 $77,000.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $8,640.00 $140.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED RE UESTED t r.. DID NOT APPLY $500.00 $5,000.00 1 025 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: BIG BROTHERS & SISTERS OF CLARINGTON APPLICATION#04-15 CONTACT NAME Lisa McNee Baker ADDRESS 23 Scugog Street TOWN/POSTAL Bowmanville, Ontario CODE LIC 3117 TELEPHONE # 905-623-6646 DESCRIPTION OF PROGRAMS AND SERVICES: Provide a high quality of professional assistance to the Clarington Youth and continuously improve and build on their programs. TOTAL MEMBERSHIP/PARTICIPANTS: 450 REVENUE 2003 2004' TOTAL $180,547.00 $161,313.00 EXPENSES 2003" 2004 TOTAL EXPENSES $177,881.00 $161,201.00 NET OPERATION—EXPENSES' 2003 2004 LESS REVENUE $2,666.00 $112.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $2,500.00 $2,500.00 $5,000.00 02 + i�. MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: HUMANE SOCIETY OF DURHAM REGION APPLICATION #04-16 CONTACT NAME Karin Martens ADDRESS 199 Waterloo Street Unit 1&2 TOWN/POSTAL Oshawa, Ontario CODE L1H 3W9 TELEPHONE # 905-433-2022 DESCRIPTION OF PROGRAMS AND SERVICES: Providing shelter for abused and abandoned animals. Providing educational programs in schools tAW and community organizations. Assisting Clarington Animal Control in taking in animals in distress that require extra costs for surgery. aw TOTAL MEMBERSHIP/PARTICIPANTS: 250 REVENUE 2003 2004 r. TOTAL EXPENSES 2003 2004 TOTAL EXPENSES NET OPERATION EXPENSES 2003 2004 LESS REVENUE 6' MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT r.. APPROVED APPROVED REQUESTED DID NOT APPLY $1,000.00 $5,000.00 �r r. 102 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: KENDAL LOYAL ORANGE LODGE #405 APPLICATION# 04-17 CONTACT NAME Richard Lowery ADDRESS 15 Kendal Church St. TOWN/POSTAL Kendal CODE LOA IEO TELEPHONE # 905-983-6342 DESCRIPTION OF PROGRAMS AND SERVICES: Fraternal organization Operates Orange Hall Fund raising for Charities TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 2004 TOTAL $7081.96 $5515.00 EXPENSES 2003 2004 TOTAL EXPENSES $5880.98 $6442.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $1200.98 ($927.00) DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2,004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $2500.00 IULJ ar MUNICIPALITY OF CLARINGTON w SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: LEARNING DISABILITIES ASSOCIATION OF PETERBOROUGH APPLICATION# 04-18 w. CONTACT NAME Shari Davis ADDRESS 132 Church Street TOWN/POSTAL Bowmanville, Ontario CODE TELEPHONE # 905-373-7033 DESCRIPTION OF PROGRAMS AND SERVICES: ` Parent support programs and training. Resource centre, counseling, seminars and tutoring. Funding request to support office and services in Clarington. rr TOTAL MEMBERSHIP/PARTICIPANTS: 135(Includes Peterborough,Northumberland & Clarington) +r REVENUE 2003 2004 TOTAL $44,404.01 $22,560.50 EXPENSES 2003 2004 TOTAL EXPENSES $44,404.01 $22,559.50 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $1.00 0 SURPLUS rr. MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED' REQUESTED DID NOT APPLY DENIED $3,500.00 1021, .. MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: BETHESDA HOUSE APPLICATION#04-19 CONTACT NAME Jaki MacKinnon ADDRESS P.O. Box 82 TOWN/POSTAL Bowmanville, Ontario CODE L1C 3K8 TELEPHONE # 905-623-6045 DESCRIPTION OF PROGRAMS AND SERVICES: Provides emergency food, shelter and transportation to abused women and their children. Also provide support counseling. TOTAL MEMBERSHIP/PARTICIPANTS: 284 REVENUE 2003 2004 TOTAL $660,043.00 $615,584.00 EXPENSES 2003 2004 TOTAL EXPENSES $554,903.00 $615,584.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $105,140 TRANSFERRED TO 0 CAPITAL MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $5,000.00 $1,850.00 $5,000.00 1028 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION b. APPLICANT OGRANIZATION: DURHAM REGION COMMUNITY CARE ASSOCIATION APPLICATION# 04-20 CONTACT NAME Sally Barrie ADDRESS 26 Beech Ave. TOWN/POSTAL Bowmanville, Ontario CODE L1C 3A2 TELEPHONE # 905-623-6330 DESCRIPTION OF PROGRAMS AND SERVICES: Home support program and services, COPE and Respite Program. TOTAL MEMBERSHIP/PARTICIPANTS: Clients/Volunteers 2,599 REVENUE 2003 2004 TOTAL $387,429.00 $501,006.00 EXPENSES 2003 2004 r. TOTAL EXPENSES $387,429.00 $501,006.00 NET OPERATION EXPENSES 2003 2004 f LESS REVENUE i` 0 0 MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $7,650.00 $12,000.00 $12,000.00 102 ; ftw to MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: DEVRIES FAMILY MINISTRY APPLICATION#04-21 CONTACT NAME Wietze DeVries ADDRESS 4521 Hwy. #2 TOWN/POSTAL Newtonville CODE LOA HO TELEPHONE # 905-786-2545 DESCRIPTION OF PROGRAMS AND SERVICES: Coffee House in Newcastle Ministry to all different churches in local area. Note.no program in 2003 2004 program dependant on funding TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 2004' TOTAL EXPENSES 2003` 2004 TOTAL EXPENSES NET OPERATION—EXPENSES 2003 2004 LESS REVENUE MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $5,000.00 1 � 7J 1 7 MUNICIPALITY OF CLARINGTON "' SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON CONCERT BAND APPLICATION# 04-22 CONTACT NAME Colin Rowe ADDRESS P.O.Box 366 TOWN/POSTAL Bowmanville CODE L1C 3L1 TELEPHONE # 905-697-8956 aw DESCRIPTION OF PROGRAMS AND SERVICES: � Free community concerts Fundraising for charitable organizations Volunteer community hours for students Mentoring and training for students +w. TOTAL MEMBERSHIP/PARTICIPANTS: 69 REVENUE 2003 2004 TOTAL $24,982.40 $23,902.48 EXPENSES 2003 2004 * TOTAL EXPENSES $10,579.92 $12,830.08 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $14,402.48 $11,072.40 SURPLUS SURPLUS �Yr MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $1,500.00 ` � J MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: THE CLARINGTON PROJECT APPLICATION#04-23 CONTACT NAME Terri Gray ADDRESS 132 Church Street TOWN/POSTAL Bowmanville, Ontario CODE TELEPHONE # 905-623-6814 DESCRIPTION OF PROGRAMS AND SERVICES: The Clarington Project is a cooperative endeavor of persons with development disabilities and their families, friends,community agencies and businesses. TOTAL MEMBERSHIP/PARTICIPANTS: 30 REVENUE' 2003 2004: TOTAL $39,060.00 $34,605.00 EXPENSES '2003 2004 TOTAL EXPENSES $39,060.00 $30,821.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $3,784.00 0 SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DENIED $5,000.00 i by MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: OVERT APPLICATION #04-24 CONTACT NAME Shane Harbinson ADDRESS P.O.Box 54062, 8 King Street East TOWN/POSTAL Oshawa, Ontario CODE L1H IA9 TELEPHONE # 905-404-2889 DESCRIPTION OF PROGRAMS AND SERVICES: b. Emergency search and rescue, incident and disaster assistance. TOTAL MEMBERSHIP/PARTICIPANTS: 170 F REVENUE 2003 2004 TOTAL $89,491.00 $75,000.00 r►. EXPENSES 2003 2004 TOTAL EXPENSES $80,100.00 $70,000.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $9,391.00 $5,000.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: +r 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $5,000.00 $5,000.00 $5,000.00 103 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON OLDER ADULTS ASSOCIATION APPLICATION# 04-25 CONTACT NAME John Coffey ADDRESS 26 Beech Avenue TOWN/POSTAL Bowmanville,Ontario CODE 905-623-5246 TELEPHONE # 905-623-5246 DESCRIPTION OF PROGRAMS AND SERVICES: Sponsors various activities, speakers, dinner shows etc. for the Older Adults of Clarington. TOTAL MEMBERSIHP/PARTICIPANTS: 570 "REVENUE 2003 2004 TOTAL $107,412.00 $120,600.00 EXPENSES 2003 2004 TOTAL EXPENSES $106,329.00 $145,900.00 NET OPERATION-EXPENSES 2003 2004 LESS REVENUE $1,083.00 ($25,300.00) SURPLUS DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $8,000.00 $5,000.00 $5,000.00 63 -7 +W. MUNICIPALITY OF CLARINGTON r. SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: DURHAM FAMILY COURT CLINIC APPLICATION#04-26 ""' CONTACT NAME Dikla Wietzner ADDRESS 44 Richmond St.West, Suite 201 TOWN/POSTAL Oshawa CODE LIG IC7 TELEPHONE # 905-881-6938 DESCRIPTION OF PROGRAMS AND SERVICES: TAPP-C Program-(Durham Arson Prevention Program for Children) 6W Funding required for coordinator. irr TOTAL MEMBERSHIP/PARTICIPANTS: 40 REVENUE 2003 2004 TOTAL $17,381.00 rr.. EXPENSES 2003 2004 TOTAL EXPENSES $16,009.00 NET OPERATION=EXPENSES 2003 2004' LESS REVENUE $1,372.00 MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $2,400.00 w. 1033 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON EAST FOOD BANK APPLICATION#04-27 CONTACT NAME Kaye Quinney ADDRESS 87 Mill Street North,Unit 2 TOWN/POSTAL Newcastle, Ontario CODE LIB 1H8 TELEPHONE # 905-987-1418 DESCRIPTION OF PROGRAMS AND SERVICES: Help provide a supply of food& food vouchers to families. TOTAL MEMBERSHIP/PARTICIPANTS: 10 BOARD MEMBERS, 14 VOLUNTEERS SERVED 1091 CLIENTS IN 2003 REVENUE 2003 2004 TOTAL $26,558.98 $14,069.36 EXPENSES 2003 2004 A TOTAL EXPENSES $17,489.62 $17,167.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $9,069.36 ($3,097.64) SURPLUS DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $1,500.00 $1,500.00 $5,000.00 1 � it MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION &W APPLICANT OGRANIZATION: CLARINGTON FIDDLE CLUB APPLICATION#04-28 CONTACT NAME Shirley Severn ADDRESS 3981 Lakeshore Rd. TOWN/POSTAL Newcastle CODE LIB 1L9 TELEPHONE # 905-987-4465 DESCRIPTION OF PROGRAMS AND SERVICES: &W Monthly evening of musical performances and dancing for youth and seniors Provide support for local fiddle contest and charities. aw 6W TOTAL MEMBERSHIP/PARTICIPANTS: 250/month s REVENUE 2003 2004 w Carryover 3084.69 TOTAL 2003 9149.98 $ 12,234.67 h. r.. EXPENSES 2003 2004 TOTAL EXPENSES $10,412.31 NET OPERATION—EXPENSES 2003 2004 t LESS REVENUE ism $1,822.36 MUNICIPAL GRANT HISTORY: b 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $1000.00 DID NOT APPLY DID NOT APPLY %W MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: NEWCASTLE COLTS SOCCER CLUB APPLICATION# 04-29 CONTACT NAME Kathleen Pasquet ADDRESS 1356 Church St. TOWN/POSTAL Newcastle CODE LIB IC6 TELEPHONE # 905-9874830 DESCRIPTION OF PROGRAMS AND SERVICES: Youth recreational soccer league TOTAL MEMBERSHIP/PARTICIPANTS: 380 REVENUE 2003 2004 TOTAL $40, 488.03 $48,000.00 EXPENSES 2003 2004" TOTAL EXPENSES $33,920.35 $39,094,97 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $6567.35 $8905.03 MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT ., APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $1,500.00 n 1u3 � lr MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON TIGERCATS'FOOTBALL CLUB APPLICATION#04-30 CONTACT NAME Gail Johnson W. ADDRESS 76 Prospect St. TOWN/POSTAL Bowmanville CODE L1C 3H2 TELEPHONE # 905-623-1749 DESCRIPTION OF PROGRAMS AND SERVICES: Youth football program TOTAL MEMBERSI3IP/PARTICIPANTS: 200 REVENUE 2003 2004 `. TOTAL $58,841.25 $64,000.00 EXPENSES 2003 2004 bw TOTAL EXPENSES $63,666.77 $59,670.00 imp NET OPERATION—EXPENSES 2003 2004 LESS REVENUE ($4825.52) $4,330.00 DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT' APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $5,000.00 1031) MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON ORIOLES BASEBALL CLUB APPLICATION #04-31 CONTACT NAME Ken Key ADDRESS 2078 Nash Road TOWN/POSTAL Bowmanville, Ontario CODE L1C 3K4 TELEPHONE # 905-623-6383 DESCRIPTION OF PROGRAMS AND SERVICES: Rep teams playing in the Eastern Ontario Baseball Association, covering an area from Kingston to Scarborough. TOTAL MEMBERSHIP/PARTICIPANTS: 100 REVENUE 2003 2004 TOTAL $50,000.00 $43,700.00 EXPENSES 2003 20Q4 TOTAL EXPENSES $46,500.00 $38,700.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $3,500.00 $5,000.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $1,500.00 $1,500.00 $3,300.00 r� X041 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINTON SWIM CLUB APPLICATION#04-32 CONTACT NAME Carolyn Hart ADDRESS 160 Church Street TOWN/POSTAL Bowmanville, Ontario CODE L1C 1T6 TELEPHONE # 905-697-3124 r. DESCRIPTION OF PROGRAMS AND SERVICES: r.. Instructional, competitive and masters swimming. Note: club has an outstanding account with Municipality for pool rentals of$30,146.74 1rr TOTAL MEMBERSHIP/PARTICIPANTS: 200 REVENUE 2003 2004 l,. TOTAL $164,477.87 $162,621.72 EXPENSES 2003 2004 TOTAL EXPENSES $165,006.15 $164,000.00 VAN NET OPERATION—'EXPENSES 2003 2004 LESS REVENUE ($528.28) ($1,378.28) DEFICIT DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT' APPROVED APPROVED REQUESTED $1,500.00 $1,500.00 $5,000.00 4 60 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: NEWCASTLE SKATING CLUB APPLICATION# 04-33 CONTACT NAME Helen Page ADDRESS 103 Caroline Street West TOWN/POSTAL Newcastle, Ontario CODE L1B 1H1 TELEPHONE # 905-987-1762 DESCRIPTION OF PROGRAMS AND SERVICES: Learn to Skate,test stream and competitive skating. TOTAL MEMBERSHIP/PARTICIPANTS: 86 REVENUE 2003 2004 TOTAL $31,563.82 $32,500.00 EXPENSES 2003 2004' TOTAL EXPENSES $29,673.35 $32,448.00 NET OPERATION—EXPENSES 2003 2004'i LESS REVENUE $1,890.47 $2.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $1,500.00 $1,500.00 $3,000.00 wig G 4 2 1rr MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION ` APPLICANT OGRANIZATION: ORONO FIGURE SKATING CLUB APPLICATION #04-34 r. CONTACT NAME Charlene Perrin ADDRESS P.O.Box 292 TOWN/POSTAL Orono, Ontario CODE LOB 1MO TELEPHONE # 905-983-1009 tr. DESCRIPTION OF PROGRAMS AND SERVICES: A learn to skate program taught by professionals for ages 3 and up. Synchronized skate team. TOTAL MEMBERSHIP/PARTICIPANTS: 156 REVENUE 2003 2004 TOTAL $71,927.80 $61,699.94 r EXPENSES 2003 2004 TOTAL EXPENSES $61,728.06 $59,570.00 NET OPERATION-EXPENSES 2003 2004 LESS REVENUE $10,199.94 $2,129.94 o SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED �+ $1,500.00 $1,500.00 $4,000.00 r. 1 I 0 4 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: ST. FRANCIS OF'ASSIS SCHOOL APPLICATION#04-35 CONTACT NAME Theresa Vanhaverbeke ADDRESS 1774Rudell Rd. TOWN/POSTAL Newcastle CODE LIB 1E2 TELEPHONE # 905-987-7209 DESCRIPTION OF PROGRAMS AND SERVICES: School for JK— 8 To assist with the purchase of playground equipment to be used by entire community TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 2004 TOTAL $22,700.00 $11,000.00 EXPENSES 2003` 2004 TOTAL EXPENSES $25,799.88 $28,000.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $3100.00 ($17,000.00) DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED RE UESTED DID NOT APPLY DID NOT APPLY $5000.00 �J 4 t Ib MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: COURTICE SOCCER ASSOCIATION APPLICATION#04-36 CONTACT NAME Martin Hillebrand ADDRESS 28 Oban Crt. Iw. TOWN/POSTAL Courtice CODE LIE 1Z6 TELEPHONE # 905-436-9386 DESCRIPTION OF PROGRAMS AND SERVICES: Youth soccer program ' TOTAL MEMBERSIHP/PARTICIPANTS: 1500 REVENUE 2003 2004 TOTAL $188,453.05 $202,563.20 EXPENSES 2003 2004 low TOTAL EXPENSES $167,889.85 $181,000.00 6 NET OPERATION-EXPENSES 2003 2004 LESS REVENUE $20,563.20 $21,563.20 r 60 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $3,000.00 1 ( 4J MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: TYRONE ATHLETIC ASSOCIATION APPLICATION# 04-37 CONTACT NAME Brent Mason ADDRESS 6911 Liberty Street North TOWN/POSTAL Tyrone, Ontario CODE L1C 3K6 TELEPHONE # 905-263-4576 DESCRIPTION OF PROGRAMS AND SERVICES: Provides organized sports to children in Clarington for a reasonable cost. TOTAL MEMBERSHIP/PARTICIPANTS: 183 REVENUE 2003 2004' TOTAL $21,621.45 $25,592.10 EXPENSES 2003 2004' TOTAL EXPENSES $25,329.35 $27,700.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE ($3,707.90) ($2,107.90) DEFICIT DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED $2,000.00 $2,000.00 $5,000.00 1046 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: GANARASKA WOLVES VOLLEYBALL CLUB APPLICATION# 04-38 CONTACT NAME Ian Forster ADDRESS 2164 Concession Rd. 9,RR2 TOWN/POSTAL Blackstock CODE LOB 1BO TELEPHONE # 905-263-8438 DESCRIPTION OF PROGRAMS AND SERVICES: Rep level volleyball for girls and boys ages 11-18 in the Clarington area. 6 Yr TOTAL MEMBERSHIP/PARTICIPANTS: 75 REVENUE 2003 2004 TOTAL $47,400.00 $48,290.00 EXPENSES 2003 2004 m TOTAL EXPENSES $43,885.00 $43,800.00 `` NET OPERATION EXPENSES 2003 2004 LESS REVENUE $3515.00 $4,490.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED 6 $500.00 $1,500.00 $2,000.00 Im NM 1047 im MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: BOWMANVILLE/NEWCASTLE BASEBALL ASSOCIATION APPLICATION# 04-39 CONTACT NAME Sam Norwood ADDRESS P.O.Box 346 TOWN/POSTAL Bowmanville, Ontario CODE L1C 3L1 TELEPHONE # 905-623-0412 DESCRIPTION OF PROGRAMS AND SERVICES: Offering baseball for youths 4 to 18 years of age. TOTAL MEMBERSHIP/PARTICIPANTS: 210 REVENUE 2003 2004 TOTAL $27,660.33 $29,383.41 EXPENSES 2003 2004 TOTAL EXPENSES $25,276.92 $30,850.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $2,383.41 ($1,466.59) SURPLUS DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED .r $1,500.00 $1,500.00 $4,000.00 1 r_ 0 /,t8 Ir. MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION x APPLICANT OGRANIZATION: CLARINGTON GIRLS SLO PITCH APPLICATION # 04-40 CONTACT NAME Dave Abraham ADDRESS P.O. Box 205 TOWN/POSTAL Bowmanville CODE LIB IE8 TELEPHONE # 905-987-1833 v DESCRIPTION OF PROGRAMS AND SERVICES: Girls recreational slo pitch league r.. TOTAL MEMBERSHIP/PARTICIPANTS: 285 REVENUE 2003 2004'' TOTAL $25,811.35 $31,887.93 w EXPENSES 2003 2004 TOTAL EXPENSES $24,023.42 $30,645.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $1,787.93 $1,242.93 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $1,000.00 10 4 ; MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: FRIENDS OF SECOND''MARSH APPLICATION# 04-41 CONTACT NAME Chris Conti ADDRESS 206 King St. East P.O Box 26006 TOWN/POSTAL Oshawa CODE L1G 8R4 TELEPHONE # 905-723-5047 DESCRIPTION OF PROGRAMS AND SERVICES: Great Lakes Wetlands Project TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 2004' TOTAL $336,897.00 $3,268,665.00 EXPENSES 2003 2004' TOTAL EXPENSES $320,057.00 $933,260.00 NET OPERATION—EXPENSES 2003 2004 LESS REVENUE $16,840.00 $2,335,405.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002"GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $5,000.00 3 05J 1r MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON MINOR HOCKEY ASSOCIATION APPLICATION# 04-42 CONTACT NAME Greg McDowell ADDRESS P.O.Box 191 TOWN/POSTAL Bowmanville CODE L1C 3K9 TELEPHONE # 905-434-7409 DESCRIPTION OF PROGRAMS AND SERVICES: WN Recreational hockey for coed youth Skill development Note: Funding for support with a skills competition(trophies,plaques,mini sticks) TOTAL MEMBERSHIP/PARTICIPANTS: 450 REVENUE 2003 2004 � TOTAL $352,121.00 $405,425.00 r. EXPENSES 2003 2004 TOTAL EXPENSES $309,142.00 372,737.00 NET OPERATION EXPENSES 2003 2004 LESS REVENUE $42,979.00 $32,688.00 SURPLUS SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $4,000.00 iNp 151 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: CLARINGTON SPEED SKATING CLUB APPLICATION# 04-43 CONTACT NAME Kathlyn Hoch ADDRESS 52 Westside Dr. TOWN/POSTAL Bowmanville CODE L1C 4Y8 TELEPHONE # 905-697-2132 DESCRIPTION OF PROGRAMS AND SERVICES: Speed skating program for youth and adults Note: Funding requested to purchase safety pads required for bigger ice surface at South Courtice Arena TOTAL MEMBERSIRP/PARTICIPANTS: 120 REVENUE 2003 2004 TOTAL $19,709.79 $36,289.50 EXPENSES 2003 2004 TOTAL EXPENSES $24,268.39 $34,023.32 NET OPERATION—EXPENSES 2003 2004' LESS REVENUE ($4,558.60) $2,766.18 DEFICIT SURPLUS MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004 GRANT ' APPROVED APPROVED REQUESTED DID NOT APPLY DID NOT APPLY $5,000.00 1ti5 6. 60 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION 6. APPLICANT OGRANIZATION: NEWCASTLE COMMUNITY HALL _ _. APPLICATION#04-46 r. CONTACT NAME Gabrielle Bell ADDRESS 20 King Street West TOWN/POSTAL Newcastle,Ontario CODE L1B 1H7 TELEPHONE# 905-987-3856 is, DESCRIPTION OF PROGRAMS AND SERVICES: Community Hall,wedding, fundraiser,meetings and community events. w TOTAL MEMBERSMP/PARTICIPANTS: . k REVENUE 20031, 2004- TOTAL $70,218.00 $82,361.00 EXPENSES 2003 2044 F TOTAL EXPENSES $70,307.00 $82,361.00 "AU •»F NET OPERATION—EXPENSES 2003 1.604 LESS REVENUE ($89.00) 0 DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2Q04 GRANT APPROVED APPROVED RE VESTED $11,500.00 $13,000.00 $13,000.00 0 MUNICIPALITY OF CLARINGTON SUMMARY OF GRANT INFORMATION APPLICANT OGRANIZATION: ORONO AMATEUR ATHLETIC ASSOCIATION APPLICATION#04-45 CONTACT NAME Laverne Boyd ADDRESS P.O.Box 165, TOWN/POSTAL Orono,Ontario CODE LOB IMO TELEPHONE # 905-983-5236 DESCRIPTION OF PROGRAMS AND SERVICES: Promotion of minor sports for Orono and the surrounding area. TOTAL MEMBERSHIP/PARTICIPANTS: REVENUE 2003 200 TOTAL $264,068.00 $277,279.00 EXPENSES 20Q3 2004 TOTAL EXPENSES $278,803.00 $292,734.00 NET OPERATION-EXPENSES 20031 2,004 LESS REVENUE ($14,735.00) ($15,455.00) DEFICIT DEFICIT MUNICIPAL GRANT HISTORY: 2002 GRANT 2003 GRANT 2004'GRiT APPROVED APPROVED RE UPI 'i'EH $2,500.00 $2,500.00 $2,500.00 1 �� 54 i 4 Leading the Way REPORT CLERK'S DEPARTMENT 6W Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 8, 2004 iW Report#: CLD-07-04 File #: By-law #: Subject: ANIMAL SERVICES STATISTICAL REPORT — NOVEMBER AND DECEMBER, 2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) THAT Report CLD-07-04 be received for information; and 2) THAT a copy of Report CLD-07-04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. , it Submitte y: atti . Barrie, A.M.C. Reviewed by: Franklin Wu, Municipal Clerk Chief Administrative Officer LC*PLB*cv ,. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1 101 REPORT NO.: CLD-07-04 PAGE 2 of 2 BACKGROUND AND COMMENT For the information of Council, the tables attached to Report CLD-07-04 summarize the activities and revenues pertaining to Animal Services for the months of November and December, 2003. Attachment#1 Animal Services Monthly Report— November 2003 Attachment#2 Animal Services Monthly Report— December 2003 Interested parties to be advised of Council's decision: Ms. Liz White Animal Advisory Committee Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 f it CLERK'S DEPARTMENT ATTACHMENT NO. 1 ANIMAL SERVICES DIVISION TO REPORT NO. CLD-07-04 ii. ANIMAL SERVICES MONTHLY REPORT NOVEMBER,2003 A. ACTIVITIES 1 THIS MONTH YR.TO DATE 2003 YR.TO DATE 2002 PICKED UP—WILDLIFE F 7 121 128 DOGS CATS DOGS CATS DOGS CATS PICKED UP 17 15 216 181 196 115 BROUGHT IN 17 29 147 281 132 312 RETRIEVED BY OWNERS 21 0 233 14 207 11 SOLD TO RESIDENTS 10 22 112 317 114 289 SOLD TO RESEARCH 0 0 0 0 0 0 +• EUTHANISED 0 14 3 64 3 57 DEAD ON ARRIVAL 3 8 15 67 4 70 QUARANTINE 0 0 10 13 2 16 WRITTEN WARNINGS 17 267 151 �.. P.O.A. TICKETS 2 63 52 s CONVICTIONS 3 36 28 CALL-OUTS AFTER HOURS 2 31 39 OVER TIME HOURS 6 98 152.50 B. REVENUES it DOGS&CATS RELEASED 135.00 0 705.00 605.00 765.00 390.00 LICENSES 1,700.00 104.00 51,078.00 14,070.00 39,476.00 9,985.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 750.00 990.00 7,365.00 13,455.00 7,275.00 12,105.00 La DOGS &CATS REDEEMED 739.00 0 9,227.00 262.00 9,269.00 192.00 SUBTOTAL 3,324.00 1,094.00 68,375.00 28,392.00 56,785.00 22,672.00 1r. IL TRAP REVENUE 27.00 549.00 471.00 bw TOTAL REVENUE 4,445.00 97,316.00 79,928.00 EUTHANISED: 4 FERAL CATS, 9 SICK CATS, 1 INJURED CAT, 1 VERY OLD CAT 1 ' � 3 CLERK'S DEPARTMENT ATTACHMENT NO.2 ANIMAL SERVICES DIVISION TO REPORT NO.CLD-07-04 ANIMAL SERVICES MONTHLY REPORT DECEMBER,2003 A. ACTIVITIES THIS MONTH YR.TO DATE 2003 TYR.TO DATE 2002 PICKED UP-WILDLIFE 2 123 135 DOGS CATS 1 DOGS CATS DOGS CATS PICKED UP 9 16 225 197 207 125 BROUGHT IN 16 47 163 328 145 352 RETRIEVED BY OWNERS 16 2 249 16 216 12 SOLD TO RESIDENTS 5 54 117 371 127 330 SOLD TO RESEARCH 0 0 0 0 0 0 EUTHANISED 1 2 4 66 4 59 DEAD ON ARRIVAL 3 5 18 72 5 76 QUARANTINE 2 0 3 1 13 3 1 17 WRITTEN WARNINGS 18 285 159 P.O.A. TICKETS 0 63 66 CONVICTIONS 0 36 28 CALL-OUTS AFTER HOURS 3 33 44 OVER TIME HOURS 10 108 170.5 B. REVENUES DOGS&CATS RELEASED 0 0 705.00 605.00 855.00 420.00 LICENSES 0 0 51,078.00 14,070.00 39,476.00 9,985.00 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS 375.00 2,115.00 7,740.00 15,570.00 8,100.00 13,725.00 DOGS &CATS REDEEMED 637.00 0 9,864.00 262.00 9,593.00 212.00 SUB TOTAL 1012.00 2,115.00 69,387.00 30,507.00 58,024.00 24,432.00 TRAP REVENUE 9.00 558.00 483.00 TOTAL REVENUE 3,136.00 100,452.00 82,849.00 EUTHANISED: 1 INJURED DOG, 1 FERAL CAT, 1 DOG WITH DISPOSITION PROBLEMS 11 �� t L C49t1he wo, REPORT L. CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND A COMMITTEE OS ADMINISTRATION CO TTEE Date: March 08, 2004 Resolution #: Report#: COD-010-04 File#: By-law#: Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT L Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: L 1. THAT Report COD-010-04 be received for information; 2. THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate, Ministry be noted which employees, if any, were paid a salary of$100,000. or more (as defined in the Act), for the year 2003. L L L L Submitted by: Reviewed b . Marano Franklin Wu Director of Corporate Services Chief Administrative Officer MM.ca L 1, 2 3 L REPORT NO.: COD-010-04 PAGE 2 BACKGROUND AND COMMENT 1. On January 29, 1996, the Ontario Legislature passed the Public Sector Salary Disclosure Act. This Act requires the Municipality to disclose annually the names, positions, salaries and taxable benefits of employees paid $100,000 or more a year. 2. In 2003, employees paid a salary, as defined in the Public Sector Salary Disclosure Act, 1996, of$100,000 or more by the Municipality of Clarington were as follows: Name POSITION TITLE SALARY PAID TAX.BENEFITS Wu,Franklin CHIEF ADMINISTRATIVE OFFICER 167245.24 843.36 Marano,Marie DIR OF CORPERATE SERVICES 130045.98 843.36 Cannana,Joseph P DIR OF COMMUNITY SERVICES 120537.12 824.07 Crome,David J DIR.OF PLANNING 109143.12 759.87 Creighton,Michael G EMERGENCY SERVICES DIR. 109056.18 839.54 Taylor,Nancy M. FINANCE DIRECTOR 106932.07 759.48 Oliver,Gary CAPTAIN 106022.02 * 417.04 Chambers,L.Donald CAPTAIN 105418.70 * 490.27 Ostler,Kenneth L. CAPTAIN 103984.50 * 412.8 Ruiter,Edward C. CAPTAIN 103706.51 * 450.65 KlosinsK Ronald A. CAPTAIN 103663.48 * 412.8 Cannella,Anthony S DIR.OF ENGINEERING 101265.60 686.29 *indudes retroactive pay 3. It is important to note that the basic pay is the gross salary before statutory deductions for tax, C.P.P., El, etc. 4. The Municipality is required to submit this information to the Ministry of Municipal Affairs and Housing and to include the information in the Municipality's annual financial statements. 5. The Ministry f Finance will prepare, for public release on April 1 at a rY P P P P compendium of records of all employees in the Province whose salaries are disclosed. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(90523-3379 F(905)623-6506 � 2 ' 2 reading the way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 8t', 2004 Report#: COD-011-04 File# By-law# Subject: TENDER CL2003-33, SYDNEY B. RUTHERFORD TRAIL ENTRANCE, ORONO Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-011-04 be received; 2. THAT Lakeridge Contracting Ltd., Ajax, Ontario with a total bid in the amount of $49,498.20 (Including G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2003-33, be awarded the contract for the Sydney B. Rutherford Trail Entrance, Orono as required by the Engineering Department; 3. THAT the total funds required in the amount of$52,000.00 ($49,498.20 tender plus contingencies, consulting and net GST) be drawn as follows: a) $21,000.00 from Public Works and Parks Capital Reserve Fund Account #1110-00157-X b) $10,000.00 from Park Development Reserve Account#2900-00027-X; C) $21,000.00 from General Capital Reserve Account#2900-00017-X; and 4. THAT the attached By-law marked Schedule °A°authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed by. Marie Marano, H.B.Sc., C.M.O. Franklin Wu, M ices Chief Administrative Officer /f Nancy T dy lor, .,11C.A., Director of Finance 2 3 MM\LAB\km REPORT NO.: COD-011-04 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Sydney B. Rutherford Trail Entrance, Orono, within the Municipality of Clarington, as required by the Engineering Department. Tenders were advertised in local papers, as well as Electronically. Subsequently, tenders were received and tabulated as per Schedule °B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule "C" and will be provided from the accounts specified in the recommendations of this report. As per the letter, the total project cost is $21,000.00 over the remaining budgeted amount of$31,000.00 allocated in accounts Public Works and Parks Capital Reserve Fund Account#1110-157-X ($21,000.00) and Park Development Reserve Account#2900-27-X ($10,000.00). It is therefore recommended that the additional funds required in the amount of$21,000.00 be funded from General Capital Reserve Account#2900-17-X. The reason for the differences in the original budget amount and the actual total project cost is outlined in Schedule "C". Although, the low bidder has not previously preformed work for the Municipality of Clarington, they have provided satisfactory service for City of Pickering, Town of Whitby and City of Oshawa. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Lakeridge Contracting Ltd., Ajax, Ontario, be recommended for the contract for the Sydney B. Rutherford Trail Entrance, Orono CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ON IQ h1 C 3A6 T(905)623-3379 F(905)623-4169 - :t ti ti THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Schedule "A" BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lakeridge Contracting Ltd., Ajax, Ontario, to enter into agreement for the Sydney B. Rutherford Trail Entrance, Orono. 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, Lakeridge Contracting Ltd., Ajax, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this day of , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton Mayor Patti L. Barrie, Municipal Clerk F - 12 -95 L. Clar!8112mn Leng the Way Municipality of Clarin- g ton SCHEDULE "B" BID SUMMARY TENDER CL2003-33 SYDNEY B- Rt1THFRFOPrn TPAII CAI-MAKVIC7 ccATi ... .�. _._ B13DR AL_ INAE7 �1� Lakeridge Contracting Ltd. PRJC'iffil $12,350.00 OL7 . $49,498.20 Ajax, ON $61,638.42 Rutherford Contracting Ltd. $23,650.00 Gormel , ON Jeffrey Wallan's Construction Ltd. $11,450.00 * $64,426.84 Brighton, ON $65,904.51 Dig-Con International Limited $25,400.00 Bolton, ON Brinkman &Associates Reforestation Ltd. $17,105.50 $66,424.07 North Bay, ON Pro Lawn Landscaping NOT LISTED $74,793.00 Orono,ON Peninsula Construction Inc. $10,125.00 $88,590.86 Fonthill, ON Katma Contracting Ltd. REJECTED Unionville, ON Elirpa Construction & Materials Ltd. REJECTED Pickering, ON * Extension Error i • SCHEDULE "C ■ Totten Sims Hubicki Associates engineers 513 Division Street, Cobourg,Ontario,Canada K9A 5G6 architects (905)372-2121 Fax: (905)372-3621 planners E-mail:cobourg Otsh.ca www.tsh.ca February 24, 2004 Ms. Lou Ann Birkett CPP AMCT ?` Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street 17 F BOWMANVILLE, Ontario. L1C 3A6 l r�P Dear Ms. Birkett: Re: Contract CL 2003-33, Sydney B. Rutherford Trail Entrance Orono, Municipality of Clarington Our office has reviewed the bids submitted for the above contract and find them to be in order. A list of the bids received and the Engineer's estimate is provided in the table below. All numbers are inclusive of GST. BIDDER TOTAL BID AMOUNT Lakerid a Contracting Ltd. $49,498.20 Rutherford Contracting Ltd. $61,638.42 Jeffrey Wallans Construction Ltd. $64,426.84 Dig-Con International Ltd. $65,904.51 Brinkman&Associates Restoration Ltd. $66,424.07 Pro Lawn Landscaping $74,793.00 Peninsula Construction Inc. $88,590.86 ENGINEER'S ESTIMATE $39,000.00 We have followed up on the references provided by Lakeridge Contracting Ltd. and the responses indicate satisfaction with the quality of work performed. Work has been carried out on private and public contracts ranging in value from$95,000 to $530,000. The projects covered by the references provided contain all aspects of the work to be completed in the Sydney B. Rutherford project. Based on this, we recommend acceptance of the low bid. A copy of the reference list is attached for your files and information. The total costs for the project are $52,000.00 which is $21,000.00 over the remaining budgeted amount of$31,000.00 allocated in accounts 1110-157-X ($21,000.00) and 2900-27-X ($10,000.00). The original amount budgeted by Public Works in 2001 was $25,000.00 and was based on a concept design previously prepared by Cosburn Giberson. Some charges have already been made against this account reducing the total available amount to $21,000.00. L K r Ms. Lou Ann Birkett, UP, AMCT : February 24, 2004 SCHEDULE "Cu 2 The reason for the difference in the original budget amount and the actual total project cost can be attributed to the change in the type of stairs proposed for the project from wood to pre-cast concrete, increase in construction and material costs, the costs for completing the detailed design and the original budget item may have accounted for the $10,000.00 donation provided by Sydney B. Ruthford's family. It is recommended that the budget shortfall of$21,000.00 be funded from Capital Reserve Account No. 2900-17-X. Attached is a cost apportionment detailing the total project costs and funding sources for the entrance and stairway construction project. Should you have any questions regarding this matter, please contact the undersigned. Best regards, Ron � . .Albright, PEn g g Project Engineer RA/ym P:4424M 16\Cornsp\20131.doc Encls. Cc: Mr. Peter Windolf, OACA, Manager, Park Development (+encl.) Ms. Wendy Chandler, AMCT, Clerk II (+encl.) s s r sr J 1 � :J 8 UH 'J .0 cv-u� r�GV u� uo r L l 1 in uvovunv r M live SCHEDULE "C" Municipality of Clarington SYDNEY B. RUTHERFORD TRAIL ENTRANCE AND STAIRWAY ORONO Cost Apportionment For Low Bid submitted B Lakerid a Contracting Ltd. February 12,2003 APPo y 9 � rY Contract CL2003-33 T.S.H. Project 42.80318 Description Total Comments Account Numbers 1110-00157-X $21,000 2900-27.X $10,000 2800.17-X $25,000(capital reserve account) Construction Costa Contract CL2003-33 $46,250.00 Low bid to nInd by Lakaridge(oW.c3sT) TSH Project Number 42-80316 Detailed Design,Approvals and Tender Documents Previow 0111MOS Charped to P@*osv "meet (to Jan.28,2004) $868,35 A,a ,,n*7503-100 260 Other Costs Clearing and Grubbing of Etixisdng Trees $1,000.00 Work to be completed by Operations Dept. Sub Total Other Costs $1,000.00 ub-Total Estimated Project Costs(excl.contingencies) $48,128.35 Not O.S.T.(3%)(excl.contingencies) $1,443.85 Contingencies(including O.S.T.) $2,427.80 ~ Total Estimated Project Costs $52,000.00 Budget Amount $52,000.00 m r 574, 2900-00027-X&2900.17•X Estimated Budget Surplus/Detieit $0.00 �:�eoo�o�ca�vie./as ooa.poon�.e.n�cuoo�aa�ycm��on�onm«a Prin�xt oa 2�S104 � 1 r, U Leading the.Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 8t', 2004 Report#: COD-013-04 File # By-law# Subject: Tender CL2003-36, Roenigk Drive & King Street West Intersection Improvements. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: _ 1. THAT Report COD-013-04 be received; 2. THAT Miwel Construction Limited, Stouffville, Ontario with a total bid in the amount of $182,000.00 (Including G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2003-36, be awarded the contract for the Roenigk Drive and King Street West Inspection Improvements as required by the Engineering Department; 3. THAT the total funds required in the amount of$300,000.00 ($182,000.00 tender plus work by the Region of Durham, contingencies, consulting and net GST) be drawn from Engineering Capital Account 8310-03201-1401; 4. THAT the attached By-law marked Schedule "A"authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed by: LF"arano, H.B.Sc., C.M.O. Franklin Wu, —T floir of Corp rat ervices Chief Administrative Officer Nancy a or . ., C.A., Director of Finance MMILAB1km 1210 REPORT NO.: COD-013-04 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Roenigk Drive and King Street Intersection Improvements, as required by the Engineering Department. Tenders were advertised in local papers, as well as Electronically. Subsequently, tenders were received and tabulated as per Schedule "B"attached. The total project cost, including works by the Region of Durham, Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule"C"and will be provided from the Engineering Capital Account#8310-03201-1401, from which there are adequate funds available. The low bidder has previously preformed satisfactory work for the Municipality of Clarington. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Engineering. After,further review and analysis of the bids by the Engineering Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Miwel Construction Limited, Stouffville, Ontario, be recommended for the contract for the Roenigk Drive and King Street West Intersection Improvements. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 1211 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Schedule "A" BY-LAW 2004- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Miwel Construction Ltd., Stouffville, Ontario, to enter into agreement for the Roenigk Drive and King Street West Intersection Improvements. 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, Miwel Construction Ltd., Stouffville, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this day of , 2004. By-law read a third time and finally passed this day of , 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1212 • (Leading the Way Municipality of Clarington SCHEDULE "B" BID SUMMARY TENDER CL2003-36 ROENIGK DRIVE & KING STREET WEST INTERSECTION IMPROVEMENTS 1DD Ft TOTAL IBIS AME QNT [Aj�ax, Construction Limited $182,000.00 ville, ON en & King Construction Inc. $205,993.76 ON obinson Limited $208,316.53 anville, ON Construction & Materials Limited $221,412.81 in , ON HABIDSUMWOMBSCL03-36.DO C 1213 SCHEDULE "C" TM■ Totten Sims Hubicki Associates engineers 513 Division Street, Cobourg,Ontario,Canada K9A 5G6 a t'CI11teCtS (905)372-2121 Fax: (905)372-3621 planners E-mail:cobourg @tsh.ca www.tsh.ca February 12, 2004 Ms. Lou Ann Birkett, CPP, AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario. L1C 3A6 Dear Ms. Birkett: Re: Contract CL2003-36, Roenigk Drive and King Street West Intersection Improvements, Bowmanville Municipality of Clarington Our office has reviewed the bids submitted for the above contract and find them to be in order. A list of the bids received and the Engineers Estimate are provided in the table below. All numbers are inclusive of GST. BIDDER TOTAL BID AMOUNT [Engineer's iwel Construction Ltd. $182,000.00 mden&Kin Construction Inc. $205,993.77 n Robinson Ltd. $208,316.52 a Construction& Materials Ltd. $221,412.81 Estimate $224,373.65 Miwel Construction has completed a number of contracts for the Municipality pality of Clarington under our inspection. In addition, contracts have been completed in recent years in Cobourg and Fenelon Falls with construction values ranging from $350,000.00- $2,000,000.00. In all cases TSH provided contract administration and Miwel preformed to acceptable standards and work was completed on schedule. These contracts contained all aspects of the work to be completed in the Roeni k Drive and King Street Intersection project. Based on our experience in working with Miwel, we recommend acceptance of the low bid. We refer you to the attached cost apportionment summarizing all project related costs which indicates that the total project cost comes in under budget. Funding for this project is to be drawn from account#5800-8310-03201-1401. � 2 Ms. Lou Ann Birkett SCHEDULE "C" January 12, 2004 2 Should you require further information please contact the undersigned. Best regards, Ron Albright Project Engineer RA/sn PA12-29171\Corresp\20115.doc Encl. PC: Mr. A.S. Cannella, CET, Director of Engineering Services Mr. R. D. Baker, Traffic Coordinator(+ encl.) Ms. W. Chandler, Clerk II (+ encl.) 121 ZIH Municipality of Clarington ROENIGK DRIVE AND KING STREET WEST INTERSECTION IMPROVEMENTS AND SIGNALIZATION, BOWMANVILLE Schedule "C" Cost Apportionment For Low Bid submitted By Miwel Construction Revised March 1, 2003 Contract CL2003-36 T.S.H. Project: 12-29171 Description Total . Comments L Account Number 8310-03201-1401 Construction Costs Contract CL2003-36 $170,093.46 Low bid submitted by Miwel (excl. GST) L SH Project Number 12-29171 Detailed Design,Approvals and Tender Documents (to Jan.29,2004) $27,755.28 Excludes Crib Wall Design and Tendering Costs Estimated Construction Administration (TSH#12-29171) $16,000.00 Other Costs Signalization Work Completed By Region of $59,000.00 As per R.O.D. Estimate Durham incl.Material, labour and Administration Relocation of Bus Shelter $4,000.00 To be completed b Miwel P Y Sub-Total Other Costs $63,000.00 Sub-Total Estimated Project Costs(excl. contingencies) $276,848.74 Net G.S.T. (3%)(excl.contingencies) $8,305.46 Contingencies(including G.S.T.) $14,845.80 Total Estimated Project Costs $300,000.00 Budget Amount $330,000.00 Estimated Budget Surplus/Deficit $30,000.00 LHA2004TENDERS4CL2003-36-costapportionment.xls)Gost Apportionment Printed on 3/112004 tsh Le�a�ng�he way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Dater MONDAY, MARCH 8, 2004 Resolution #: Report#: FND-004-04 File M By-law #: Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-004-04 be received; and 2. THAT the attached list of applications for cancellation, reduction, apportionments or refund of taxes be approved. J Submitted by: Reviewed by ancy or, .B.A., C.A. Franklin Wu Director of Finance Chief Administrative Officer NMT/MWF/MAM/hjl � 3"31 REPORT NO.: FND-004-04 PAGE 2 BACKGROUND Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of applications for cancellation, reduction, apportionments or refund of taxes is presented to Committee for its review and approval. Section 357(3 & 4) indicates that the Council shall hear and dispose of every application lication not later than the 30th day of April in the year following the year in respect of which the application is made. The last day for making application for the previous year's tax reduction is the 2Sth day of February in the following year. More specifically, under Section 354, the Treasurer shall recommend to Council that outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by reason of a decision under Section 357 or 358, or of a decision of a judge of any court or that the taxes are uncollectible. An application for a cancellation, reduction or refund may be made for one of the following reasons: • Ceased to be liable to be taxed at rate it was; • real property becomes exempt; razed by fire, demolition or otherwise; • damaged by fire, demolition or otherwise (substantially unusable) removal of a mobile unit; • . • sickness or extreme poverty; • gross or manifest clerical error; and repairs/renovations preventing normal use of period of 3 months. The 357 and the 358 process begins when an application-is prepared by either the Regional Assessment Office or the Tax Department. The neighbourhood assessor will perform anon-site inspection of the property. The assessor will verify the reason for the application, the period of time, for which the tax relief is claimed, and the amount and type.of assessment that is affected. The application is then sent back to the Tax Department where the actual tax adjustment is calculated and the.taxpayer's.'account adjusted. Section 356, deals with severances or divisions into parcels. These parcels of land were.taxed in blocks in the year(s) prior to severance/consolidation. Taxes are-being apportioned to the individual properties which are now severed/consolidated. Therefore, tax amounts are removed from one roll number and applied to another roll number as determined by MPAC. The total amount of taxes to be written off, for September 1 to December 31, 2003; as shown in this report total $21,520.24. The total for the 2003 calendar year is $31,477.68. This total represents the Municipality's share only. For comparison the 2 REPORT NO.: FND-004-04 PAGE 3 Lvalues of taxes written off under Section 357 and 358 at December 31, 2002 was $22,841.53 for the municipal portion only. Also, included in this report as Attachment "B" are 2004 write-offs for January 1 to August 31, totalling $976.51 for the municipal portion. L Attachments: Attachment "A" -Write-Off Report September to December 2003 Attachment "B"—Write-Off Report January to January 2004 L how 4 L L L L L L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4169 103 t s. ; . Write-Off Report 2003 (For the Period of-Sept 1 to December 31,2003) Date Roll Number Person(s)Taxes AdjNVTX Commercial Residential Year Reason Claimed by Ref.No. Indusrial etc farm Adjusted Applicant Managed Forest For Applicant Number Municipal Municipal Sep-03 020 040 03496 Gunn Norma WTX 188 22.71, 2003 Fire,Demolition Etc Sep-03 020 060 15594 Municipality of Clarington WTX 188 913.58 2003 Property Became Exempt Sep-03 010 070 16340 Municipality of Clarington WTX 188 106.78 2003 Property Became Exempt Sep-03 030 120 12501. Murkar Neil WTX 188 205.65 2003 MPAC Overcharge Clerical Error Sep-03 030 120 12502 Murkar Neil WTX 188 88.98 2003 MPAC Overcharge Clerical Error Sep-03 020 130 07500 Municipality of Clarington WTX 188 24.95 2003 Property Became Exempt Sep-03 020 120 03500 Judson Brian WTX 188 9.01 2003 Fire,Demolition Etc Sep-03 020 020 05000 Patterson Linda WTX 188 175.21 2003 Fire,Demolition Etc Sep-03 020 040 03496 Gunn Norma WTX 189 15.54 2002 Fire, Demolition Etc Sep-03 010 050 20371 Clarington Fieldcrest WTX 190 35.90 2001 MPAC Overcharge Clerical Error Sep-03 010 050 20370 Clarington Fieldcrest WTX 190 35.90 2001 MPAC Overcharge Clerical Error Sep-03 010 050 20369 Clarington Fieldcrest WTX 190 35.90 2001 MPAC Overcharge Clerical Error –, Sep-03 010 090 24367 Sheppard Michael WTX 190 231.44 2001 MPAC Overcharge Clerical Error LT+ Oct-03 030 130 11500 1254134 Ontario Inc WTX 193 408.70 1999 MPAC Overcharge Clerical Error C—' Oct-03 030 130 11500 1254134 Ontario Inc WTX 193 262.05 1999 MPAC Overcharge Clerical Error Oct-03 010 070 02550 Municipality of Clarington WTX 197 402.99 2002 Property Became Exempt Oct-03 010 010 14500 Sabourin Robert WTX 197 42.94 2002 Property Became Exempt Oct-03 010 010 14500 Sabourin Robert WTX 198 241.25 2003 Fire, Demolition,etc Oct-03 010 020 07900 Municipality of Clarington WTX 198 320.34 2003 Property Became Exempt Oct-03 010 100 01500 Lake Shelley WTX 198 276.84 2003 Fire,Demolition,etc Oct-03 020 040 02505 Municipality of Clarington WTX 198 478.54 2003 Property Became Exempt Oct-03 020 130 05800 Municipality of Clarington WTX 198 306.08 2003 Property Became Exempt Oct-03 020 130 07500 Municipality of Clarington WTX 198 24.95 2003 Property Became Exempt Oct-03 020 130 08500 Municipality of Clarington WTX 198 185.09 2003 Property Became Exempt Oct-03 010 100 15000 Lake Shelley WTX 199 157.52 2001 Fire,Demolition,etc Oct-03 010 100 15000 Lake Shelley WTX 200 233.28 2002 Fire,Demolition,etc Nov-03 030 110 13400 Municipality of Clarington WTX 203 389.55 2003 Property Became Exempt Nov-03 030 090 20400 Graham Loma WTX 203 25.35 2003 Com to Res Differential p Total Page 1.of 4 25.35 5,631.67 ; . Write-Off Report 2003 (For the Period of-Sept 1 to December 31,2003) Date Roll Number Person(s)Taxes AdjNVTX Commercial Residential Year Reason Claimed by Ref.No. Indusdal etc Farm Adjusted Applicant Managed Forest For Applicant Number Municipal Municipal Balance Forward from Page 1 25.35 5,631.67 Nov-03 020 060 05440 Segers Sarah WTX 203 242.47 2003 MPAC Clerical Error Nov-03 010 130 09000 Costanzo Ugo WTX 203 23.21 2003 Fire, Demolotion etc. Nov-03 010 120 11700 Prentice Shelly WTX 203 348.03 2003 Fire, Demolotion etc. Nov-03 010 110 18400 Struminger Henry WTX 203 308.48 2003 Fire,Demolotion etc. Nov-03 010 050 12400 Pawlowski Richard WTX 203 209.61 2003 Fire, Demolotion etc. Nov-03 010 020 16472 Martin Road Holdings Limit WTX 203 39.55 2003 MPAC Clerical Error Nov-03 010 150 11019 Sarginson Brian WTX 203 502.27 2003 Fire, Demolotion etc. Nov-03 010 ' 050 11600 Roman Catholic Episcopa WTX 203 77.75 2003 Property Became Exempt Nov-03 010 150 11019 Sarginson Brian WTX 204 38.35 2002 Fire, Demolotion etc. Nov-03 010 050 12400 Pawlowski Richard WTX 204 216.62 2002 Fire,Demolotion etc. —' Nov-03 010 110 18400 Struminger Henry WTX 204 241.61 2002 Fire, Demolotion etc. Nov-03 010 120 11700 Prentice Shelly WTX 204 291.60 2002 Fire, Demolotion etc. Nov-03 010 070 08825 Soyka Tracey WTX 204 229.11 2002 MPAC Clerical Error Nov-03 010 120 11700 Prentice Shelly WTX 205 279.64 2001 Fire,Demolotion etc. Nov-03 010 110 18400 Struminger Henry WTX 205 231.70 2001 Fire,Demolotiori etc. Nov-03 010 050 12400 Pawlowski Richard WTX 205 43.30 2001 Fire, Demolotion etc. Nov-03 010 020 16966 West Bowmanville WTX 206 39.07 1998 MPAC Clerical Error Nov-03 010 070 13200 656150 Ontario WTX 208 439.74 2002 Fire,Demolotion etc. Nov-03 010 070 13200 656150 Ontario WTX 209 3,358.20 2003 Fire, Demolotion etc. Nov-03 010 070 01500 Guatto Gino WTX 209 1,064.63 2003 Fire, Demolotion etc. Dec-03 010 060 03718 Municipality of Clarington WTX 210 222.70 1998 Property Became Exempt Dec-03 010 060 03718 Municipality of Clarington WTX 211 238.00 1999 Property Became Exempt Dec-03 010 060 03718 Municipality of Clarington WTX 212 86.27 2000 Property Became Exempt Dec-03 010 110 03601 Transportation Ministry WTX 212 1,029.01 2000 Fire,Demolotion etc. Dec-03 010 060 03718 Municipality of Clarington WTX 213 283.64 2001 Property Became Exempt Dec-03 010 110 03601 Transportation Ministry WTX 213 1,101.13 2001 Fire, Demolotion etc. Dec-03 030 040 01420 Westlake Jack Aubrey WTX 213 503.36 2001 Fire,Demolotion etc. Dec-03 010 060 03718 Municipality of Clarington WTX 214 295.77 2002 Property Became Exempt Total Page 2 of 4 7,018.06 10,623.78 Date Roll Number Balance Forward from Page 2 Dec-03 010 110 03601 Dec-03 030 040 01420 Dec-03 010 060 03718 Dec-03 010 110 03601 Dec-03 010 150 19600 Dec-03 020 040 02779 Dec-03 030 040 01420 Dec-03 020 060 18732 Dec-03 020 060 18737 Dec-03 010 010 08100 Dec-03 010 010 08110 Dec-03 010 020 18243 Dec-03 010 020 18244 Dec-03 010 020 18243 Dec-03 010 020 18244 Dec-03 010 020 18241 Dec-03 010 020 18242 Dec-03 030 120 11979 Dec-03 030 120 11980 Dec-03 010 060 17674 Dec-03 010 060 17693 Dec-03 010 060 17670 Dec.03 010 060 17671 Dec-03 010 020 18249 Decr03 010 020 18250 Decr03 010 020 18245 Dec-03 010 020 18246 Total Page 3 of 4 Write-Off Report 2003 (For the Period of-Sept 1 to December 31,2003) Person(s)Taxes AdjIWTX Commercial Residential Year Reason Claimed by Ref.No. Indusrial etc Farm Adjusted Applicant Managed Forest For Applicant Number Municipal Municipal 7,018.06 10,623.78 Transportation Ministry WTX 214 1,148.21 2002 Fire,Demolotion etc. Westlake Jack Aubrey WTX 214 524.88 2002 Fire,Demolotion etc. Municipality of Clarington WTX 215 348.03 2003 Property Became Exempt Transportation Ministry WTX 215 1,189.73 2003 Fire,Demolotion etc. Arthur Schickedanz WTX 215 63.49 2003 Fire,Demolotion etc. Jack Larry Gordon WTX 215 21.12 (14.25) 2003 Commerical to Residential Differ Westlake Jack Aubrey WTX 215 597.19 2003 Fire,Demolotion etc. Amato Caterina WTX 216 513.27 2001 Severance/Consolidation Penak David WTX 216 (513.27) 2001 Severance/Consolidation Chafe Linda WTX 216 202.89 2002 Severance/Consolidation Pedretti Lugi WTX 216 (202.89) 2002 Severance/Consolidation Atkinson Wendy WTX 216 155.71 2002 Severance/Consolidation Mountjoy Kimberly WTX 216 (155.71) 2002 Severance/Consolidation Atkinson Wendy WTX 216 462.85 2003 Severance/Consolidation Mount oy Kimberly WTX 216 (462.85) 2003 Severance/Consolidation Croft Paul WTX 216 534.07 2003 Severance/Consolidation Bourgeois Matthew WTX 216 (534.07) 2003 Severance/Consolidation Salata Preston Edward WTX 216 548.31 2003 Severance/Consolidation Shahshahani Francis Far WTX 216 (548.31) 2003 Severance/Consolidation Drury William Joseph WTX 216 576.79 2003 Severance/Consolidation Golebiewski Michael WTX 216 (576.79) 2003 Severance/Consolidation Legar Lisa Lynn WTX 216 583.91 2003 Severance/Consolidation Brown Dale Robert WTX 216 (583.91) 2003 Severance/Consolidation Winslade Particia May WTX 216 434.37 2003 Severance/Consolidation Peddle Deborah WTX 216 (434.37) 2003 Severance/Consolidation Hayes Dvid WTX 216 434.37 2003 Severance/Consolidation Erb Leonard WTX 216 (434.37) 2003 Severance/Consolidation 9,377.12 12,143.12 . "_ fir..+.' Write-Off Report 2003 (For the Period of-Sept 1 to December 31,2003) Date Roll Number Person(s)Taxes AdjNVTX Commercial Residential Year Reason Claimed by Ref.No. Indusdal etc Farm Adjusted Applicant Managed Forest For Applicant Number Municipal Municipal Balance Forward from Page 3 9,377.12 12,143.12 Dec-03 010 020 18247 Tesselaar Jason WTX 216 434.37 2003 Severance/Consolidation Dec-03 010 020 18248 Cabildo Donald WTX 216 (434.37) 2003 Severance/Consolidation Dec-03 020 060 05479 Weber Stephen WTX 216 152.58 2003 Severance/Consolidabon Dec-03 020 060 05478 Lawrence Catherine WTX 216 (152.58) 2003 Severance/Consolidabon C rJ Total Page 4 of 4 9,377.12 12,143.12 f Grand Total To Be Written Off Not Including Minutes of Settlements $ 21,520.24 and ARB Decisions For the Period of September 1,2003 to December 31,2003 Write-Off Report 2004 (For the Period of-January 1 -January 31,'2004) Date Roll Number Person(s)Taxes AdYWTX Commercial Residential Year Ref.No. Indusrial etc Farm Adjusted Managed Forest For Applicant Number Municipal Municipal Reason Claimed by Applicant Jan-04 030 030 01800 Kelso Jeffrey WTX 217 174.31 2002 Severance/Consolidation Jan-04 030 030 01803 Clarington Municipality WTX 217 (174.31) 2002 Severanoe/Consolidation Jan-04 030 030 01800 Kelso Jeffrey WTX 217 844.54 2003 Severance/Consolidation Jan-04 030 030 01803 Clarington Municipality WTX 217 (844.54) 2003 Severance/Consolidation Jan-04 030 120 11969 1138337 Ontario Inc WTX 217 548.31 2003 Severance/Consolidation Jan-04 030 120 11970 Ridley Jay . WTX 217 (548.31) 2003 Severance/Consolidation Jan-04 030 120 11971 Bharaucha Darius WTX 217 548.31 2003 Severance/Consolidation Jan-04 030 120 11972 Polczer Helen WTX 217 (548.31) 2003 Severance/Consolidation Jan-04 020 120 14500 Beatty Christopher WTX 217 683.29 2003 Severance/Consolidation E Jan-04 020 070 14502 Forsey Carla WTX 217 (683.59) 2003 Severance/Consolidation Jan-04 010 010 04300 Ceresmore Farms WTX 218 1.97 2003 Fire, Demolotion etc. Jan-04 010 060 15100 1413345 Ontario Inc. WTX 218 280.80 2003 Fire, Demolotion etc. Jan-04 010 060 15100 1413345 Ontario Inc. WTX 219 295.77 2002 Fire, Demolotion etc. Jan-04 010 060 15100 1413345 Ontario Inc. WTX 220 269.79 2001 Fire, Demolotion etc. Jan-04 010 050 12400 Pawlowski Richard WTX 220 128.48 2001 Fire, Demolotion etc. Total Page 1 of 1 - 976.51 Grand Total To Be Written Off Not Including Minutes of Settlements 3 and ARB Decisions For the Period of January 1, 2004 to January 31, 2004 " " 1"- &M., � e 976.51 CD a L 0 L rhe Way REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, MARCH 8, 2004 Resolution #: Report#: FND-005-04 File #: By-law #: Subject: CASH ACTIVITY— FOURTH QUARTER OF 2003 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-005-04 be received; 2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the fourth quarter of the year 2003, as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the fourth quarter of the year be confirmed. Submitted by: Reviewed b ancy T I r, B A., C.A., Franklin Wu, Director of Fina ce. Chief Administrative Officer. NT/LB/hjl REPORT NO.: FND-005-04 PAGE 2 BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions for the fourth quarter of 2003, the cash investment position, the taxes receivable position, statistical information and transit revenue and expenditure for the month ending December 31, 2003 and the comparative information for the month ending December 31, 2002. The attached schedules for the development charges information is for the months of October, •November and December, 2003. Attachments: Attachment A—Analysis of Revenue and Expenditures — Fourth Quarter of 2003 Attachment B — Continuity of Taxes Receivable —As at Decemberr2003 Attachment C — Statistical Information —As at December 2003 - Transit Revenue and Expenditure —As at December 2003 Attachment D— Investments Outstanding —As at December 2003 Attachment E - Development Charges Information — October 2003 Attachment F - Development Charges Information — November 2003 Attachment G - Development Charges Information — December 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T(905)623-3379 F (905)623-4169 CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the Fourth Quarter of the Year 2003 Fourth Quarter 2002 EVENUE RECEIVED FOR GENERAL OPERATING D RESERVE FUND PURPOSES: GENERAL/TAX PAYMENTS RECEIVED 15,025,898 DEBENTURE PROCEEDS-REGION DURHAM S/COURTICE ARENA ;?? d 11,891,905 CLARINGTON CONCERT BAND E` ` ' '"`-:::b 12,000 t PROVINCIAL GOVERNMENT-COMMUNITY REINVESTMENT FUNDING Zg ppp CANADIAN WASTE-RENT AND ROYALTIES ; $Q,$' 32,785 BOWMANVILLE HERITAGE BOOK SALES 128 DEVELOPMENT CHARGES-MUNICIPAL ;?;fQt- �q{jQ 997,313 INTEREST $9,9; 'f$ 957,741 DEVELOPMENT CHARGES-SCHOOL BOARD 135,333 DEVELOPMENT CHARGES-REGION 1.100,744 ....' .'....•. 30,182,843 BE OF FUNDS: PAYROLL REGION LEVY 3,458,467 � 2i? 4,428,827 �^� SCHOOL BOARD LEVIES E iE�m��4 5,047,038 GENERAL-INCLUDING CAPITAL EXP." :{ I 14.838.781 27 773111 ET CASH PROVIDED(USED) •:..•.9:....... 2409 732 L KBANK NET CASH >: `; ;1�py� BAN BALANCE PROVIDED ,•?;:; ?sq ( BALANC FINAN AL POSITION: SEP.30 2003 / USED :'r;• ['JF� :31 DEC.31 200 RAL FUND 9,657,963 (4,370,400) ,2$7 3,527,755 RVE FUND 870,743 473,817 E: :E?111580 1,782,588 IPAL BOND INVESTMENTS 2,438,828 28,874 EiE ?t %87} 2,350,131 COMMUNITY FUND IN TRUST 10,000,000 p 10,0D0,0130 TMENTS(GENERAL+RESERVE FUNDS) 59,323,483 5 801 308 :'• 63.391.350 82 091 017 t L9,669,017) 81 051 804 ANK BALANCES AS AT: OCT.31 2003 OCT.31 2002 NOV.30 2003 NOV.30 2002 GENERAL FUND 10,560,146 5,820,106 9,130,803 3,300,301 RESERVE FUND 760,367 1,882,881 2,581,778 2,414,759 MUNICIPAL BOND INVESTMENTS 2,448,586 2 328 746 2458 037 2339186 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. it 1 31 , CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"B' nutty of Taxes Receivable the Fourth Quarter of the Year 2003 September 30,2003 • .IZ,IPI W DECEMBER BEGINNING BALANCE INTEREST TAXES PAYMENTS ? kiD,'3i ' 2002 RECEIVABLE ADDED BILLED BALANCE /ADJUST.— PREPAID TAXES :} o? (9311.6051 RRENT YEAR TAXES 8,069,004 4,817,605 12,886,609 (9,476,619) 3,#f ;89!# 3,828,853 PENALTY AND INTEREST .143.854 230.183 374 037 (167.370)':'s's s: 219.250 FIRST PRIOR YEAR TAXES 2,155,484 141,708 2,297,192 (516,361) 'sE•`f;7F; 1,880,508 PENALTY AND INTEREST 244151 74 595 318 748 (88.061,'E 182.M ECOND PRIOR YEAR TAXES 926,650 50,776 977,426 (187,552) ;7$8 ` 719,289 PENALTY AND INTEREST 142,298 32,473 1-14,771 (441.11341•i:i i i'•i "7 i 123.409 IRD&PRIOR YEARS TAXES 1,070,705 1,070,705 (191,602) ? 03; 1,006,349 PENALTY AND INTEREST 538,5116 36184 0 574,780 (90.8211 -p 521 990 TOTAL 13290,741 373,435 5 010 089 18.674.265 (10,764,549) Includes refunds,write-offs,496's,etc. NOTE 1: Tax payments do not be Into Part A due to timing differences since Part A Is on a cash basis(le.difference due to outstanding deposits) OTE 2: Prepayments include preauthorized all e CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"C" STATISTICAL INFORMATION FOR THE MONTH OF DECEMBER YEAR TO DATE Tax Certificates 26 905 Number of Properties eligible for Tax Registration (see Note 1) 73 **see Note 2 •• Accounts Payable Cheques Issued 60287 to#60847 557 6,781 Transit Total Adult Ridership 2,660 29,104 Transit Total Student Ridership 5,432 66,902 Transit Total Sr./Child Ridership 660 8,708 Transit Total Ridership Across Region 75 390 Transit Total Transfers 505 6,138 Number of Births Registered 1 7 Number of Deaths Registered 70 493 Note 1: Only includes those properties whose arrears are greater than $10,000. Note 2: Number of eligible properties for tax registration not applicable for year-to-date comparison. TRANSIT REVENUE AND EXPENDITURE FOR THE MONTH OF DECEMBER YEAR TO DATE REVENUE TRANSIT REVENUE 15,922 162,313 EXPENSES MISCELLANEOUS OPERATING 8,451 22,697 TRANSIT CONTRACT 52,387 549,655 OPERATING(LOSS)/GAIN (44,916) (410,039) CAPITAL EXPENDITURES 0 0 CORPORATION OF THE MUNICIPALITY OF CLARINGTON INVESTMENTS OUTSTANDING PART"D" AS AT DECEMBER 31,2003 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND TD 2,499,868.40 2.74% 22 2,504,000.00 Jan. 09/04 TOTAL GENERAL FUND }6$i} `€ RESERVE FUND RBC * 806,000.00 3.50% 1,827 806,000.00 Jul.09/08 RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 1/06 RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15/06 RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 1/06 RBC * 295,000.00 8.50% 3285 295,000:00 May 26/04 RBC 495,186.85 4.00% 1171 561,500.00 Jun.6/06 RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 1/08 RBC * 1450,000.00 4.00% 366 1,450,000.00 Dec. 1/04 RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06 RBC 500,000.00 2.75% 1827 595,239.37 June 21/08 RBC 500,000.00 6.75% 1460 638,699.85 June 21/04 RBC * 400,000.00 3.50% 1887 400,000.00 Aug.22/08 RBC 481,878.00 4.45% 1827 599,072.41 Mar.4/08 RBC 868,578.00 4.10% 1098 979,853.00 Apr.3/06 RBC * 2,600,000.00 4.00% 1841 2,600,000.00 May 20/08 RBC 500,000.00 5.75% 1095 578,782.97 June 21/04 RBC * 1,815,962.00 5.00% 1825 1,815,962.00 Feb. 7/07 RBC 601,664.00 5.30% 1461 739,720.00 Feb. 5/05 RBC * 1,482,702.57 5.50% 1825 1,487,000.00 Feb. 13/06 RBC * 1,342,000.00 4.00% 365 1,342,000.00 Feb. 10/04 RBC 208,000.00 4.35% 1769 257,351.00 Mar. 12/08 RBC * 2,465,000.00 4.00% 365 2,465,000.00 Jul.23/04 RBC * 643,000.00 4.00% 365 643,000.00 Sept. 16/04 RBC 1,566,466.88 5.30% 1386 1,904,519.00 Nov. 15/04 RBC 1,081,662.88 3.24% 635 1,143,286.00 Sept. 15/04 RBC 519,255.00 3.30% 649 550,000.00 Oct. 1/04 RBC 499,999.38 4.00% 1182 567,343.00 Jul.26/06 RBC 250,000.00 8.00% 2,555 380,076.30 Jun 21/04 TD Waterhouse 1,000,000.00 4.15% 1096 1,129,738.22 . Apr. 09/06 TD Waterhouse* 1,500,000.00 5.50% 1694 1,500,000.00 Dec.20/07 RBC* 638,000.00 5.40% 1598 638,000.00 June 1/05 RBC 534,782.00 3.30% 730 570,660.00 Dec.23/04 RBC 855,000.00 5.35% 1832 1,065,102.90 Mar 1/04 TD 2,355,003.06 2.73% 34 2,361,000.00 Jan. 12/04 RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/07 RBC 118,693.50 5.10% 1976 155,297.00 Oct. 15/04 RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07 HSBC 1,545,785.20 2.70% 91 1,556,190.66 Mar. 1/04 TD 5,171,453.00 2.74% 22 5,180,000.00 Jan.9/04 TD 5,500,132.88 2.59% 56 5,522,000.00 Feb. 12/04 TOTAL RESERVE FUND '4t# TOTAL INVESTMENTS * Investment interest paid on a monthly/semi-annual/annual basis CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"E" OCTOBER 2003 Building Name of Owner/Applicant Education Region Permit No. Construction Address Total Developme Municipal 66,498.00 1,956.00 4,224.00 18,622.00 03.0871 -03.0874 Ridge Pine Park Inc. 4,120.00 0.00 0.00 Wilmot Creek 326.00 704.00 0.00 Con:BF Lot 3 Pt Lot:933,921,964,952 338.00 0.00 2,277.66 3,933.97 0.00 03.0736-03.0739,03.7 larnew Developments Inc. 118,746.00 46,068.00 &03.0923 Newcastle Plan:40-2166 Pt Lot:31 & 1 03.0829&03.0830 Grajen Homes 36,056.00 15,374.00 William Jose Ct., Newcastle 40M-2038 Pt Lot:52R&52L IPlan: 03.0797 Jeff Kelso 3,841.00 0.00 Plan: 10R-3155 Part:2 03.0781 Kenneth Wayne Coatham 1,030.00 0.00 7015 Mercer Rd Clarke Plan: 10R-2804 Part: 1 03.0859 Ridge Pine Park Inc. 338.00 0.00 56 Wilmot TI.Wilmot Creek Con: BF Lot 3 Pt Lot: 170 03.0880 Knox Christian School 6,211.63 0.00 410 Scugog St Bowmanville Con:2 Lot 14 03.0932 Dan Stever 1,030.00 0.00 32 Millville Ave Hampton Con:5 Lot 17 03.0784 Joseph McDowell 12,558.00 7,687.00 3791 Wilcox Rd.Clarke Con:9 Lot 23 nt Charges Education Region English Separate English Public 0.00 1,304.00 2,816.00 66,498.00 1,956.00 4,224.00 18,622.00 652.00 1,408.00 3,841.00 0.00 0.00 0.00 326.00 704.00 0.00 0.00 338.00 0.00 2,277.66 3,933.97 0.00 326.00 704.00 3,841.00 326.00 704.00 CORPORATION OF THE MUNICIPALITY OF CLARINGTON OCTOBER 2003 PART"E" Building Name of Owner/Applicant Development Charges Education Permit No. Construction Address Total Municipal Region English Separate English Public 15,374.00 18,622.00 652.00 1,408.00 03.0868&03.0869 Ciarnew Developments Inc. 36,056.00 19 Ravey St. Newcastle Village Plan:40N-2038 Pt Lot: 124L 03.0875 , Delta-Rae Homes 19,800.00 7,687.00 11,083.00 326.00 704.00 188 Padfield Dr. Bowmanville Plan:40M-2087 Pt Lot:39 14,080.00 03.0800-03.0802,03.08 B73666 Ontario Limited 360,560.00 153,740.00 186,220.00 6,520.00 03.0807,03.0809-03.08 lGoodwin Avenue, Bowmanville 03.0835-03.0844 Plan:40M-2152 Pt Lot 24R,24L-33R,33L 03.0862&03.0863 Clarnew Developments Inc. 39,600.00 15,374.00 22,166.00 652.00 1,408.00 Cutler Dr Newcastle Plan:40M-2166 Pt Lot:23& 11 03.0718, 03.0852, Cleary Homes&Pat Cleary 79,200.00 30,748.00 44,332.00 1,304.00 2,816.00 03.0854, 03.0855 Fenning&Aylesworth,Courtice Plan:40M-2113 Pt Lot:6, 11, 15,58 03.0808 1559688 Ontario Inc. 24,298.00 8,943.24 13,427.52 706.68 1,220.56 2415 South Service Rd Bowmanville Con BF Pt Lot 15;now RP 40R19212 Part2,3 03.0816 BCR Construction 4,871.00 0.00 3,841.00 326.00 704.00 1 Bice Ct Solina Plan:40M-1897 Pt Lot: 10 03.0701 The Kaitlin Group Ltd 319,434.00 128,586.00 153,768.00 11,736.00 25,344.00 94 Aspen Springs Dr Bowmanville Plan:40R-21548 Part:Bldg D 03.0850 Richard&Claudette Buller 12,558.00 7,687.00 3,841.00 326.00 704.00 3805 Wilcox Rd Clarke Con:91ot 22 VJ `J CORPORATION OF THE MUNICIPALITY OF CLARINGTON OCTOBER 2003 PART"E" Building Permit No. Name of Owner/Applicant Construction Address Total Development Charges Education Municipal Region English Separate English Public 199,862.00 245,630.00 8,476.00 18,304.00 03.0880-03.0901, 03.0912-03.0915 Port of Newcastle Homes Inc. Various, Newcastle 472,272.00 Plan Number:40M-2161 03.0818 B.J.Church 1355 Solina Rd, Darlington 12,558.00 7,687.00 3,841.00 326.00 704.00 Con 1 Pt Lot 24;now RP 1 OR3129 Part 2 2,608.00 03.0945-03.0952 Marianna Developments Marchwood Cr Bowmanviile 133,141.00 61,496.00 63,405.00 5,632.00 Plan:40M-2107 Pt Lot:25R,251--28R,28L 03.0778 Margaret Weir 75,254.01 380 Lake Rd,Bowmanviile 28,242.60 41,108.80 2,164.35 3,738.26 Plan: 1OM-831 Pt Lot:Bik 9 Plan: 19R-3564 Part: 1,2 03.0792 Robert Watson 8805 Leskard Rd Clarke 12,558.00 7,687.00 3,841.00 326.00 704.00 Plan:40R-20170 Part: 1,2 03.0823 George Hale 335 Toronto St.Newcastle 11,476.02 4,306.07 6,270.00 329.99 569.96 Pan:40R-20488 Part: 1 03.0698 Aspen Heights II Ltd 106 Aspen Springs Dr Bowmanviile 319,434.00 128,586.00 153,768.00 11,736.00 25,344.00 Plan:40R-21548 Part:Bldg B 02.1172,03.0953, 03.0954,03.0955 H.L.Gay Family Homes Limited Various,Courtice 79,200.00 30,748.00 44,332.00 1,304.00 2,816.00 Plan:40M-2113 Pt Lot: 110,50, 111,33 TOTALS 2,196,200.66 905,882.91 1,112,298.32 56,986.68 121,032.75 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOVEMBER 2003 PART"F" Building Name of Owner/Applicant Development Charges Education Permit No. Construction Address Total Municipal Region English Separate English Public 03.0962 Pete Keuning 12,558.00 7,687.00 3,841.00 326.00 704.00 11 Ormiston St. Hampton Plan:40R-21123 Part: 1-5,7 03.0481 Prestonvale Heights Limited 9,031.79 7,172.79 829.00 326.00 70*4.00 9 Glen Eagles Dr.Courtice Plan:40M-1929 Pt Lot:72 03.0969-03.0982 Prestonvale Heights Limited 277,200.00 107,618.00 155,162.00 4,564.00 9,856.00 Huntington Cr.Courtice Plan:40M-2148 Pt Lot:various 103.0968 Cindy Bonello 13,642.66 6,059.49 6,304.80 468.75 809.62 3393 Hwy35/115 Northbound,Clarke Con 3 S Pt Lot 28 03.1004 1138337 Ontario Inc. 19,800.00 7,687.00 11,083.00 326.00 704.00 261 Baldwin St. Newcastle Plan:40M-2036 Pt Lot:6 03.1002 lClarnew Developments Inc. 19,800.00 7,687.00 11,083.00 326.00 704.00 38 Cutler Dr.Newcastle Plan:40M-2166 Pt Lot: 10 03.1013 Cleary Homes 19,800.00 7,687.00 11,083.00 326.00 704.00 14 Southfield Ave.Courtice Plan:40M-2113 Pt Lot:79 03.1006 Diamond Home Builders Ltd. 19,800.00 7,687.00 11,083.00 326.00 704.00 37 Thombury St.,Courtice Plan:40R-19721 Part:3,8 .' ■dr�+.r f�rr�+r ' fir � �r �ur:.. J U.l CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOVEMBER 2003 PART"F" Building Name of Owner/Applicant Development Charges Education Permit No. Construction Address Total Municipal Region English Separate English Public 03.0357 1559354 Ontario Inc. 19,052.00 7,687.00 10,335.00 326.00 704.00 1 Robert Adams Dr.,Courtice Plan:40R-20102 Part:8 03.1014-03.1017 H.L.Gay Family Homes Limited 118,800.00 46,122.00 66,498.00 1,956.00 4,224.00 03.1024,03.1025 Various Plan;40M-2113 Pt Lot:Various 03.0700 The Kaitlin Group Ltd. 319,434.00 128,586.00 153,768.00 11,736.00 25,344.00 90 Aspen Springs Dr., Bowmanville Plan:40R-21548 Part: Bldg E 03.0740 Kingsway Arms(Clarington)Holdings 124,514.03 99,845.62 2,610.41 8,088.16 13,969.84 65 Clarington Bv.,Bowmanville Con: 1 Lot 15 03.1047 Storybook Homes 19,800.00 7,687.00 11,083.00 326.00 704.00 7 Old Kingston Rd.,Courtice Plan:40R-19834 Part:24 03.1048 Storybook Homes 19,800.00 7,687.00 11,083.00 326.00 704.00 94 Auburn La.,Courtice Plan:40R-21385 Part:8, 16 TOTALS j 1,013,032.48 456,899.90 465,846.21 29,746.91 60,539.46 N C CORPORATION OF THE MUNICIPALITY OF CLARINGTON DECEMBER 2003 PART"G" Building Name of Owner/Applicant _ Development Charges Education Permit No. Construction Address Total Municipal Region English Separate English Public 03.1146 Port of Newcastle Homes Inc. 19,800.00 7,687.00 11,083.00 326.00 704.00 1 Rosemeadow Cr,Newcastle Plan:40M-2161 Pt Lot: 1 03.0699 Aspen Heights II Ltd. 319,434.00 128,586.00 153,768.00 11,736.00 25,344.00 102 Aspen Springs Dr.,Bowmanville Plan:40R-21548 Part: BLDG C 03.1114,03.1118 Grajen Homes 39,600.00 15,374.00 22,166.00 652.00 1,408.00 Harmer Dr., Newcastle Plan:40M-2166 Pt Lot:84,51 03.1141,03.1142 Cleary Homes 39,600.00 15,374.00 22,166.00 652.00 1,408.00 Aylesworth Ave,Courtice Plan:40M-2113 Pt Lot:56,66 03.1157 1331074 Ontario Inc. 18,028.00 7,687.00 9,311.00 326.00 704.00 30 Rafton St,Newcastle Plan:40M-2166 Pt Lot:91 R 03.1156 11331074 Ontario Inc. 18,028.00 7,687.00 9,311.00 326.00 704.00 26 Rafton St,Newcastle Plan:40M-2166 Pt Lot:91 L 03.1163 Cleary Homes 19,800.00 7,687.00 11,083.00 326.00 704.00 100 Fenning Dr,Courtice Plan:40M-2113 Pt Lot: 138 03.1181 Cleary Homes 19,800.00 7,687.00 11,083.00 326.00 704.00 28 Aylesworth Ave,Courtice Plan:40M-2113 Pt Lot:54 CORPORATION OF THE MUNICIPALITY OF CLARINGTON DECEMBER 2003 PART"G" Building Permit No. Name of Owner/Applicant Construction Address E Total Development Charges Education Municipal Region English Separate English Public 03.0956,03.1018,03.11 03.1150,03.1151 H.L.Gay Family Homes Limited Various Plan:40M-2113 Pt Lot:Various 99,000.00 38,435.00 55,415.00 1,630.00 3,520.00 03.1172,03.1173 Port of Newcastle Homes Inc. Caldwell Cr.,Newcastle Plan 40M-2161 Pt Lot:24 R&L 36,056.00 15,374.00 18,622.00 652.00 652.00 1,408.00 03.1139,03.1138 Clarnew Developments Inc. Newcastle Plan:40M-2166 Pt Lot:37&9 39,600.00 15,374.00 22,166.00 1,408.00 03.0282 Clarington Toyota 395 Baselind Rd,Bowmanville Con: BF Lot 14 68,398.15 25,665.23 37,369.20 1,966.75 3,396.97 TOTALS 737,144.15 1. 292,617.23 1 383,543.20 19,570.751 41,412.97 CORPORATION OF THE MUNICIPALITY OF CLARINGTON DECEMBER 2003 -CASH-IN-LIEU OF PARKLAND Cash-In-Lieu of Parkland -ENGINEERING AND INSPECTION FEES I Engineering and Inspection Fees Contributions BUTTONS-ROADS PART"G" M 0.00 0.0011 0.0011 m Roads Contributions 0.00 r. • �l11 11 REPORT Leading the Way ADMINISTRATION how Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report#: ADM-02-04 File #: By-law#: Subject: MUNICIPAL/COMMUNITY INFORMATION FORUM RECOMMENDATIONS: 1. That ADM-02-04 be received for information. r. Submitted by: ranklin Wu, ✓V Chief Administrative Officer FW*jp r. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-5717 140 ? REPORT NO.: ADM 02-04 PAGE 2 REPORT 1. Backaround and Objectives As the level of government that is closest to the people, the Municipality of Clarington has long felt that this closeness must be translated in our ability to be responsive to the needs of our citizens. Clearly, responsiveness can only be achieved through a clear line of communication with our residents. The Municipality has recognized the significant value of establishing good communication with our residents and has implemented several communication initiatives in the past such as the Page 2 advertisements in.our local newspaper. Notwithstanding our current communication efforts with our residents, the Municipality feels that the communication can be further enhanced by "taking the City Hall" to the local communities where local residents would have the opportunity, in an informal setting, to dialogue with elected and appointed officials. This idea was conceived at a business planning session held in the latter part of last year. Staff is most encouraged by such an initiative and have therefore taken the idea forward and worked out the various logistics in order to implement this initiative which we would refer it as the "Municipality/Community Information Forum (MCIF)". 2. Venue and Format Under the direction of the Chief Administrative Officer, the Manager of Marketing and Communication has been assigned the responsibility to co-ordinate the efforts from all Departments. The information forum will be held in the communities of Courtice, Bowmanville, Newcastle and Orono on a rotating basis throughout the term of this Council. The following dates are confirmed for 2004 and 2005. Dates for 2006 will be finalized at a later date. 2004 April 1 Newcastle Community Hall September 15 Courtice Community Centre November 4 Garnet B. Rickard Complex 4j ir. REPORT NO.: ADM 02-04 PAGE 3 l.. 2005 February 10 Location to be determined May 12 Location to be determined September 15 Location to be determined November 10 Location to be determined The start time will be 7:00 pm, finishing up at around 9:30 pm. Similar to a Trade Show format, each Department will have its own booth and backdrop, and will be responsible to determine the content of its display. The information displayed would include matters of interest to the residents, with special emphasis on those issues that are pertinent to the communities where the forums will be held. Elected and appointed officials are expected to be available at the Forum to interact with the residents to answer questions and to provide information about services and programs offered by the Municipality. 3. Marketing The promotion and launching of this Municipal/Community Information Forum will be undertaken shortly through advertisement on Page 2 of the Canadian Statesman, on our municipal website, and through a newsletter to be distributed through all municipal facilities including all library branches. Our focus is to create excitement and interest among our residents as their participation is vital to our success in "taking the City Hall" to the people. 4. Conclusion The Municipal/Community Information Forum is a worthwhile initiative to develop a positive relationship with the most important stakeholders in municipal government, that L. being our citizens. To ensure continuous success, we will monitor the public acceptance of this initiative and will make the necessary adjustment once we have the feedback from our residents. r. r. • X111 11 Leading the Way REPORT ADMINISTRATION to Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report#: ADM-03-04 File#: By-law #: Subject: HEALTH AND SAFETY COMMITTEE RECOMMENDATIONS: 1. That ADM-03-04 be received; 2. That the attached By-law, Policy Statement (Attachment 1) and Terms of Reference which includes the committee structure (Attachment 2), as may be amended from time to time by the Joint Committee, be recommended to Council for approval; 3. That the revised Terms of Reference be forwarded to the C.U.P.E., Local 74 President for Inside and Outside, the Fire Association, Local 3139 President, the two Co-Chairs of the Health and Safety Committee and the Chief Administrative Officer for joint endorsement. Ion 4. That an honorarium per meeting of$35 be established for committee members and paid annually provided certain criteria are met. 5. That a copy of this report and By-Law with attachments be posted in each workplace. ir.. 6. That a copy of this report and By-Law be submitted to the Ministry of Labour for review and endorsement. r. Submitted by: 6-5;4 Franklin Wu, Chief Administrative Officer Attach. 1 — By-law Attach. 2 —Terms of Reference CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-5717 I 4 !j 4 imW REPORT NO.: ADM 03-04 PAGE 2 BACKGROUND AND COMMENT Section 9 (2) of the Occupatio n al H ealth and Sa f ety Ac t, made joint health and safety committees (JHSCs) mandatory in most workplaces with 20 or more workers. Section 9(6) of the Act stipulates that a joint health and safety committee must consist of at least four persons, for a workplace where fifty or more workers are regularly employed. At least half of the members of the committees shall be workers employed at the workplace who do not exercise managerial functions. The members of the committee who represent workers shall be selected by the workers they are to represent or, if unionized, by the trade union or unions. Given the fact that the Municipality has three (3) trade unions — C.U.P.E. inside, C.U.P.E. outside and the Professional Association of Fire fighters, it appears that one representative from each bargaining unit must sit on the Occupational Health and Safety Committee. This would total 3 union members. Noting that there must be equal representation from the Management side, this would equal an additional 3 members for a total of 6 members. Therefore the minimum number of employees required to sit on the Occupational Health and Safety Committee for the Municipality of Clarington would be six (6). However, it is recommended that the Terms of Reference reflect that the total minimum number be 8 members, with no maximum as follows: 2 Members from the Municipal Administrative Centre 2 Members from Community Services 2 Members from Emergency Services 2 Members from Operations Please note that the two members indicates — 1 affiliated member and 1 non-affiliated member. It is recommended that there be an alternate for each member, for a total of 8 alternates. 14 +r. REPORT NO.: ADM 03-04 PAGE 3 It is expected that part time employees channel any health and safety concerns through an affiliated member, whose names have now been posted on the notice boards. Presently, By-law No. 96-62 mandates that the Joint Health and Safety Committee shall consist of a minimum of ten persons to a maximum of fourteen, including two persons, each from the Fire Department and Public Works (outside workers). Given the large number of volunteers needed (10), the Joint Health and Safety Committee often struggles to get quorum in order to hold their meetings. This is a volunteer committee and employees must be pulled away from work in order to attend meetings. Their workload is not reduced for taking on this additional responsibility, therefore they are faced with completing their work within deadlines in addition to volunteering for this committee. In order to get employee volunteers, it is proposed that they be paid an annual honorarium in the amount of $35 (less statutory deductions) per meeting provided they attend a minimum of 75% of the 0 meeting and they must attend at least 70% of the meetings per year. For employees who are off shift and return to attend a Joint Health and Safety Committee meeting, they must be paid by the employer, at their regular or premium rate, for time spent `n attending meetings plus one additional hour for preparation time or such longer period of time as the committee determines is necessary. This would apply generally to Community Services `• employees, Firefighters and occasionally Operations employees. All other employees would presumably already be on shift. The annual estimated cost to the Corporation is as follows: ITEM COST Honorarium for 8 members @ $35 x 10 $2800 (optional) -meetings Firefighter attending every meeting when off shift- 10 per year, 2 hours in length @ $858.00 first class overtime (premium) rate- $28.60/hr x 1.5 = $42.90 Outside Worker attending every meeting when off shift- 10 per year, 2 hours in $630.00 length @ average overtime wage rate of $21.00 /hr x 1.5 = $31.50 Total Cost $3888.00 - 14 REPORT NO.: ADM 03-04 PAGE 4 The Joint Occupational Health and Safety Committee is a legislated committee that is integral P Y 9 9 to the health and safety to the employees of the Municipality. The minimum functions of the joint committee includes the following: • Identify sources of danger or hazards; • Make written recommendations for improvements to the constructor or employer; • Obtain certain information from the constructor or employer regarding actual or potential hazards; • Obtain information from the constructor or employer concerning testing; • Consult about testing methods and strategies. Given the amount of knowledge and expertise needed in order to carrying out the functions of the Joint Health and Safety Committee, it is recommended that committee members be appointed for a 2 year term, with worker and management members being replaced during alternate years to maintain some consistency. Previous By-Laws and Policy Statements have been put through By-Laws and Reports. It is intended this By-Law approve the existing status and future amendments to Policy or Terms of Reference be recommended to Council. The By-Law establishing the committee is intended to remain in force unless repealed by future By-Law. The Joint Health and Safety Committee will maintain a resource manual and will be reviewed and updated as needed. 14 "17 x •. ftw THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW#2004 Being a By-Law to cause a Joint Health and Safety Committee be established and maintained in accordance with the Occupational Health and Safety Act and to cause workers at various workplaces to select Health and Safety representatives for the purposes of the Act and to repeal By-law 99-145 and By-law 96-62 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Council approve the attached Policy Statement(Attachment#1). `' 2. THAT the Mayor and Council approve the attached Terms of References (Attachment #2) to reflect the minimum number of eight (8) committee members., 4 selected by the employer and 4 selected by — 1 C.U.P.E. Inside, 2 C.U.P,E. Outside and 1 C.F.F.A. Alternates may be allowed; however, they should only be used in situations with the approval of the Co-Chairpersons. Each party will supply a listing of 4 alternates. it By-law read a first and second time this day of , 2004. r`. By-law read a third time and passed this day of , 2004. ir. r John Mutton, Mayor Patti L. Barrie, Municipal Clerk TERMS OF REFERENCE FOR THE STRUCTURE & FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH & SAFETY COMMITTEE FOR WORKPLACES LISTED 1N APPENDIX "A" AS AGREED BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74, BOTH INSIDE AND OUTSIDE AND CLARINGTON FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION DATE � 4 b GENERAL 1.1 a) This document respecting the Joint Health and Safety Committee Terms of Reference is mutually developed and agreed to by the noted workplace parties and is submitted to the attention of the Minister of Labour for sanction and •. approval, pursuant to Section 9(3.1) of the Occupational Health and Safety Act. b) The Minister of Labour reserves the right to withdraw the I go sanction of this arrangement if deemed appropriate for any reason after consultation with the workplace parties. 1.2 The Joint Health and Safety Committee (referred to hereafter as the "Joint Committee") will not be empowered to amend, alter, subtract from or add to, any of the terms in the Collective r• Bargaining Agreement(s). ,,, 1.3 All employees will be encouraged to discuss their occupational health and safety concerns with their immediate supervisor before bringing it to the attention of the Joint Committee. 1.4 Joint Committee members will ensure the factual basis of all unresolved health and safety concerns with their immediate I t. supervisor before bringing it to the attention of the Joint Committee. 1410 1.5 Medical or trade secret information will be kept confidential by all Joint Committee members. 1.6 The Joint Committee shall review this document at least annually, and recommend revisions as required to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation. 1.7 The Joint Committee will be comprised of 50% non-affiliated and 50% affiliated. A minimum of 8 members will be required on the committee. The Committee will be composed of; 2 members from MAC, 2 members from Community Services, 2 members from Emergency Services, 2 members from Operations, as well , as alternatives. JOINT COMMITTEE FUNCTIONS 2.1 To attain the spirit of the Occupational Health and Safety Act, the functions of the Joint Committee shall be: (a) to identify, evaluate and recommend a resolution of all matters pertaining to occupational health and safety in the workplace to the Chief Administrative Officer or his or her designate. (b) to encourage adequate education and training programs in order that all employees are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act. 141j (c) to address matters related to all Regulations, including WHMIS and Designated Substances where applicable; and all portions of reports related to health and safety. (d) to deal with any occupational health and safety matter that the Joint Committee deems appropriate. r. Inspections 2.2 The Joint Committee members who represent workers shall designate one (1) of the members representing workers to inspect the physical conditions of the workplace(s) at least once a month in accordance with a schedule established by the Joint Committee. Buildings that are not regularly used by workers must be inspected semi-annually. Where and when possible, a management person shall accompany the worker member. 2.3 All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate workplace inspection form and signed by member(s) performing the inspection. The worksheets will then be reviewed by the Joint Committee. r. 2.4 Any outstanding items, deemed by the Joint Committee to be significant will remain on the outstanding list, and the status will be reviewed monthly until resolved. Investigations 1412 2.5 The co-chairs will be advised of workplace accidents and assign member(s) to investigate and fill in appropriate documents. 2.6 Near miss accidents must be reported on an incident report, and may be investigated by the Joint Committee, or Co-Chair. 2.7 All incidents, near misses and critical injury accidents must be reported to the CAO within 24 hours of incident; as well as following Ministry of Labour reporting requirements for serious injury accidents. JOINT COMMITTEE MEETINGS Agenda 3.1 The Co-chairperson will jointly prepare an agenda and forward a copy of the agenda to all Joint Committee members at least one (1) week in advance of the meeting. 3.2 The Joint Committee may only consider such occupational health and safety issues as have been listed on the agenda or have been agreed upon in advance by the two (2) Co-chairpersons. 3.3 All items raised from the agenda in meetings will be dealt with on the basis of consensus, and formal motions will not be used. All items that are resolved or not, will be reported in the minutes and unresolved items will be placed on the agenda for the next meeting. 3.4 Monthly Joint Committee meetings should not exceed 2 hours in bow length unless an urgent matter is being discussed. Remaining agenda items should be deferred to the next meeting. 3.5 Committee members shall be entitled to one (1) hour or such longer period of time as the Joint Committee determines is ,., necessary to prepare for each Joint Committee meeting. Quorum 3.6 The Joint Committee shall have a quorum of (50%+1) members i` present in order to conduct business. The additional one (1) must be from the worker representative. One (1) Co-chairperson must be present in order to conduct business and chair the meeting. The number of employer members shall equal the number of worker members. JOINT COMMITTEE MEMBER ENTITLEMENTS 4.1 All time spent in attendance at Joint Committee meetings or activities in relation to the function of the Joint Committee will be paid for at the members' appropriate rate of pay for performing r„ work, in accordance with the Act, and the time spent is to be considered as time at work. bAr • These Terms of Reference are endorsed by signatures. signed at Ont., this -day of 2004. For the Employer For the Workers (Non-affiliated) ...� it CAO CUPE Inside, utside Franklin Wu President h Co C it Non-Affiliated ated Fire Association, Local 3139 President Co-Chair Affiliated HANDOUTS/CIRCULATIONS GPA • Vay MEMO (iLeading tl:e V CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: March 8, 2004 Subject: GENERAL PURPOSE AND ADMINISTRATION MEETING OF MARCH 8, 2004 Please add the following to the list of delegations for the General Purpose and Administration Committee meeting of March 8, 2004: Mr. John Stephenson 5300 Old Scugog Road Hampton, ON LOB 1JO Re: Report PSD-020-04 Attached is a copy of the correspondence that was submitted by Mr. Stephenson. Also attached please find a copy of Grant Application #04-44, Newcastle Village Minor Hockey Association Inc., which was mistakenly omitted from agenda and should have been part of Report CSD-02-04. —4P Patti L. Barrie, A.M.C.T. Municipal Clerk PLB:cv Attachments (2) cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506