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Home My WebLink About03/29/2004 - - CliHiJJgton - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE - DATE: MARCH 29, 2004 - TIME: 9:30 A.M. PLACE: , COUNCIL CHAMBERS - 1. ROLL CALL - 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES - (a) Minutes of a Regular Meeting of March 8, 2004 301 - 4 a. PRESENTATIONS (a) Presentation of Cheque to the Heart and Stroke Foundation - (b) Inspector Bill Temple, Durham Regional Police Services, 16 Division, 77 Centre Street North, Oshawa, L 1 G 4B7 - Activities Update - 4 b, DELEGATIONS - - (a) Mr. Kelvin Whalen, Martin Road Holdings Ltd., 1029 McNicoll Ave., Scarborough, M1W 3W6 - Report PSD-037-04 - (b) Mr, Alan Hirschfield, 51 Oke Avenue, Richmond Hill, L4C 6R5- Report PSD-038-04 - (c) Mr, Kevin Anyan, 36 King Street East, Bowmanville, L 1 C 1 N2- Report EGD-14-04 - (d) Mr. Ira Lyons, President /Mr. Steve Gilchrist, Environmental Specialist, Global Tech 182 Wellington S1. W., Bowmanville, L 1C 1W3 - Report EGD-15-04 ' - - CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 - .. .. G.P. & A. A~enda - 2 - March 29, 2004 .. (e) Mr. Michael Scott, Oak Ridges Moraine Foundation, 13990 Dufferin Street North (Gate House), King City, L78 183- Update on Oak Ridges Moraine Foundation .. (f) Ms, Libby Racansky, 3200 Hancock Rd" Courtice, L 1 E 2M1 - Stop Urban Sprawl .. (g) Mr. Tom Vendrasco, Clarington Firearms Safety Committee - Executive Summary of Committee's Findings and Recommendations .. - - G.P. & A. A~enda - 3 - March 29 , 2004 - 8, OPERATIONS DEPARTMENT (a) OPD-001-04 - Senior Citizens and Physically Disabled Sidewalk 801 - and Driveway Windrow Snow Clearing Program 9. EMERGENCY SERVICES DEPARTMENT - (a) ESD-006-04 - Monthly Response Report - February, 2004 901 - 10. COMMUNITY SERVICES DEPARTMENT (a) CS 0-04-04 - Fit for Heart and Paint the Town Red Campaign 1001 - (b) CSD-05-04 - Durham Lives! Physical Activities - Corporate 1004 Wellness Program - 11. CLERK'S DEPARTMENT - (a) CLD-08-04 - Mark Stewart - Animal Licencing Services Inc. 1101 Agreement - (b) CLD-11-04 - Pool Drainage 1112 (c) CLD-12-04 - Refreshment Vehicles 1115 - (d) CLD-13-04 - Parking in Downtown Bowmanville 1117 - 12, CORPORATE SERVICES DEPARTMENT - (a) COD-O 15-04 - Supplier Information Night 1201 (b) COD-O 16-04 CL2004-2, Electrical Services, Street and Park 1203 , - Lighting 13, FINANCE DEPARTMENT - (a) FND-006-04 - Tax Reductions and Write-Ofts for 2003 1301 - (b) FND-007-04 - Railway Right of Way Revenue - Provincial 1304 Compensation Impact - (c) FND-008-04 - Mayor & Councillor's Remuneration & 1309 Expenses for 2003 - - G.P. & A. A~enda - 4- March 29, 2004 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) ADM-03-04 - Health and Safety Committee Confidential Verbal Report, Property Matter 15. UNFINISHED BUSINESS 16, OTHER BUSINESS 17. ADJOURNMENT .. .. ... .. 1401 ... .. .. .. .. ... .. .. .. .. .. .. .. .. .. - - THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee March 8, 2004 - - ROLL CALL - Present Were ... - - Also Present: ... - ... - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 8, 2004 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor p, Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, 1. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M, Creighton Director of Planning Services, D. Crome Senior Planner, R. Holy (attended until 10:10 a.m,) Director of Operations, F, Horvath Director of Corporate Services, M, Marano Director of Finance, N, Taylor Municipal Clerk, P. Barrie Clerk II, C, Verhoog Mayor Mutton chaired this portion of the meeting. ... DISCLOSURES OF PECUNIARY INTEREST ... ... MINUTES ... - - - Councillor Pingle indicated that she would be disclosing a pecuniary interest with respect to Confidential Report PSD-035-04, Resolution #GPA-103-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on February 23,2004, be approved, 301 "CARRIED" G.P. & A. Minutes DELEGATIONS ... - 2 - March 8, 2004 lIllIII Resolution #GPA-1 04-04 ... Moved by Councillor Trim, seconded by Councillor MacArthur lIllIII THAT Mr. John Stephenson be added to the list of delegations. "CARRIED ... (a) Dr. Sarwan Sahota, President, South East Clarington Ratepayers Association, 4665 Lakeshore Road, Newcastle, L 1 B 1 L9, addressed Committee with respect to Report PSD-020-04. Mr. Sahota is requesting that a Port Granby Community Project Advisory Committee be re-appointed without delay, with the previously established structure, membership and terms of reference. The re-appointed committee should be given access to funds provided by the Low Level Radioactive Waste Management Office for purposes specified under the legal agreement with the Government of Canada. This agreement allows for the establishment of a community-based committee. Forming a committee with significant numbers of non- residents would appear to be contrary to the agreement. lIllIII ... lIllIII lIllIII .... ... The Low Level Radioactive Waste Management Office has a poor record of communicating with local residents. There is a general dissatisfaction in the manner in which the organization has treated the public in its consultative process, The people of south east Clarington are deeply concerned with the type, design, and construction of a radioactive waste management facility to be built at Port Granby. In their opinion, the best way local residents can stay current with the process of building the facility is through their participation as members of the community advisory committee. lIllIII .. .. .. (b) !III Mrs, Bonnie McFarlane, 4548 Lakeshore Road, Newtonville, L 1 B 1 L9, addressed Committee with respect to Report PSD-020-04 and requested that the Port Granby Community Advisory Committee be allowed to continue. IIlIIi .. 302 lIllIII - G.P, & A. Minutes - 3 - March 8, 2004 DELEGATIONS CONTD - (c) Mr. Glenn Genge, D.G. Biddle and Associates Ltd., 96 King Street East, Oshawa, L 1 H 1 B6 spoke representing Tarola Enterprises and indicated that he has no concerns with Report PSD-031-04. - - (d) Mr. Andrew Glass, Zellers Canada Limited, 8925 Torbram Road, Brampton, L6T 4G1 spoke regarding Report PSD-033-04 and indicated that he concurs with the staff report and was available for questions. .. .. (e) Mr. John Stephenson, 5300 Old Scugog Road, Hampton, LOB 1JO, distributed a handout prior to the meeting. He requests that Report PSD-020-04 be referred back to the Planning Department for reconsideration, He believes that the Planning Department must be: a) instructed to work cooperatively with the CAC b) instructed that decisions taken by the joint committee be, as far as possible, by consensus of both groups c) If consensus cannot be reached, then the positions of the dissenters should be noted, and decision reached by majority vote, The Chair should not have a casting vote. Tied votes should be referred to the next meeting for reconsideration, - .. - .. .. .. Councillor Schell chaired this portion of the meeting, 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 application: .. (a) Zoning By-law Amendment Application Proponent: Municipality of Clarington - Richard Holy, Senior Planner, Planning Services Department, provided a verbal background pertaining to Report PSD-027 -04. - - 303 - ... G.P. & A. Minutes - 4 - March 8, 2004 lIIlllI PUBLIC MEETINGS CONTD (a) Report PSD-027-04 - Municipality of Clarington - the purpose of this application is to 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 12m minimum required separation distance from residential uses. The effect of the zoning regulations is to restrict the location of any potential drive-through at 2 Hartwell Avenue, Bowmanville, and preclude the development of a drive-through facility at 1 Hartwell Avenue, Bowmanville. .. .. .. .... .. Mr. John Vanderkooi, 46 Martin Road, Bowmanville, L 1 C 3K7 spoke in opposition to the application and expressed concern with the traffic entering and exiting the site. He is requesting a turning lane be constructed on Regional Road 57, IIlIIi .. No one spoke in support of this application, .. PLANNING SERVICES DEPARTMENT Port Granby Resolution #GPA-1 05-04 Project Community Advisory Moved by Councillor MacArthur, seconded by Councillor Foster Committee .. .. THAT Report PSD-020-04 be received; 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; and .. .. THAT a copy of Report PSD-020-04 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, I11III -.. "SEE FOllOWING MOTION" IIIIi .. 304 I11III - G,P. & A. Minutes - 5 - March 8, 2004 PLANNING SERVICES DEPARTMENT CONT'D - Resolution #GPA-1 06-04 - Moved by Mayor Mutton, seconded by Councillor Robinson - THAT Report PSD-020-04 be tabled to the next regularly scheduled Council meeting (March 22, 2004) to allow the residents an opportunity to review the Low Level Radioactive Waste Management Office's new communications strategy. - "CARRIED" - Rezoning Appl. Resolution #GPA-107-04 Drive-Through Regulations Moved by Councillor Pingle, seconded by Councillor Foster Proponent: Mun. of Clarington THAT Report PSD-027-04 be received; - - - THAT the application initiated by the 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 - THAT all interested parties listed in Report PSD-027-04 and any delegations be advised of Council's decision. - "CARRIED" - Monitoring of the Resolution #GPA-1 08-04 Decisions of the Committee of Moved by Councillor Robinson, seconded by Councillor Trim Adjustment for Meeting of THAT Report PSD-028-04 be received; February 19, 2004 - - 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. - - "CARRIED" - - 305 - G.P, & A. Minutes .Ill - 6 - March 8, 2004 PLANNING SERVICES DEPARTMENT CONTD .. Ontario Municipal Resol ution #G P A-1 09-04 .. Board Decision Committee of Moved by Councillor MacArthur, seconded by Councillor Trim Adjustment Appl. .. A2003/022 THAT Report PSD-029-04 be received; THAT Anita Wray and Vahid Sobhani be given to lIIIIi June 1, 2004 to remove the portions of the deck not in compliance with the Ontario Municipal Board decision; and .. THAT a copy of Report PSD-029-04 be forwarded to the applicants, .. "CARRIED" Submission on Resolution #GPA-110-04 .. Bill 26 - The Strong Moved by Mayor Mutton, seconded by Councillor MacArthur Communities ... Act, 2003 THAT Report PSD-030-04 be received; 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 Report PSD-030-04, 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; a definition of a "complete application" be provided to include studies required by a municipality to review development applications; allow municipalities to appeal decisions on urban settlement area expansions and/or new settlement areas by upper tier municipalities or adjacent municipalities; and the Province's interest in an appeal to the Ontario Municipal Board should be declared within 45 days of a Notice of Appeal; ... .. ii) .... iii) .Ill .... iv) THAT the Planning Act be amended to stipulate a last day of appeal for applications for official plan amendments and zoning by-law amendments that are not supported by Council; IIIll .. 306 .. ... G.P, & A. Minutes - 7 - March 8, 2004 - PLANNING SERVICES DEPARTMENT CONTD - - - - Official Plan Amendment & Rezoning Appl. Appl.: Tarola Enterprises Inc, - - - - ... - ... ... - - Appl. for Removal of Holding Symbol Appl.: Legends Consulting on Behalf of St. Stephen's Estates Inc, - - - THAT the Durham Region Planning Department be advised of Council's decision; and THAT a copy of Report PSD-030-04 and Committee's decision be forwarded to the Honourable John Gerretsen, Minister of Municipal Affairs, FORT~WITH. "CARRIED" Resolution #GPA-111-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-031-04 be received; THAT the official plan amendment and rezoning applications submitted by Tarola Enterprises Inc. be approved; THAT Amendment No, 37 to the Clarington Official Plan contained in Attachment 2 to Report PSD-031-04 be adopted and that the necessary by-law be passed; THAT the proposed Zoning By-law contained in Attachment 3 to Report PSD-031-04 be passed; THAT the Holding (H) symbol be lifted at such time as the applicant has entered into a site plan agreement with the Municipality; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-031-04 and Council's decision; and THAT all interested parties listed in Report PSD-031-04 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-112-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-032-04 be received; 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; 307 ... G.P. & A. Minutes - 8 - March 8, 2004 .. PLANNING SERVICES DEPARTMENT CaNTO THAT the by-law attached to Report PSD-032-04 to remove the "Holding (H)" symbol be passed and a copy forwarded to the Regional Municipality of Durham; and ... ... THAT all interested parties listed in Report PSD-032-04 and any delegations be advised of Council's decision, ... "CARRIED" Rezoning Appl. Expansion of Zellers Appl.: Valiant Property Mgmt. Resolution #GPA-113-04 ... Moved by Councillor MacArthur, seconded by Councillor Ping Ie lIlIIII THAT Report PSD-033-04 be received; THAT the application submitted by Zellers Canada Limited on behalf of Valiant Property Management to permit a 520m2 expansion to the existing Zellers department store be approved and that the by-law attached to Report PSD-033-04 contained in Attachment 2 be passed; ... ... THAT a copy of Report PSD-033-04 and Council's decision be forwarded to the Durham Region Planning Department; and ... .. THAT all interested parties listed in Report PSD-033-04 and any delegations be advised of Council's decision, .. "CARRIED" .. OMS Decision Resolution #GPA-114-04 on Appeals by the TDL Group Ltd, Moved by Mayor Mutton, seconded by Councillor Pingle ... THAT Report PSD-034-04 be received for information. .. "CARRIED" Councillor Pingle stated a pecuniary interest with respect to Confidential Report PSD-035-04; vacated her chair and refrained from discussion and voting on the subject matter. She indicated that she resides in the area which is the subject of the report. lIlIIII ., .. 308 ... - G.P, & A. Minutes - 9 - March 8, 2004 PLANNING SERVICES DEPARTMENT CONTD - - Confidential Report Resolution #GPA-115-04 Moved by Councillor Foster, seconded by Councillor MacArthur - THAT Confidential Report PSD-035-04 be referred to the end of the agenda. - "CARRIED" Councillor MacArthur chaired this portion of the meeting. - ENGINEERING SERVICES DEPARTMENT - Monthly Report on Resolution #GPA-116-04 Building Permit Activity for Moved by Mayor Mutton, seconded by Councillor Schell February, 2004 - THAT Report EGD-09-04 be received for information. - "CARRIED" - Clarington Transit Resolution #GPA-117-04 Quarterly Status Rpt. for Fourth Moved by Councillor Pingle, seconded by Councillor Foster Quarter 2003 - THAT Report EGD-10-04 be received for information. "CARRIED" - Resolution #GPA-118-04 - Moved by Mayor Mutton, seconded by Councillor Schell THAT Committee recess for ten minutes. - "CARRIED" - The meeting reconvened at 10:35 a.m. OPERATIONS DEPARTMENT - There were no items considered under this section of the agenda, - - 3D~ - .. G.P. & A. Minutes - 10- March 8, 2004 .. EMERGENCY SERVICES DEPARTMENT There were no items considered under this section of the agenda ... Councillor Robinson chaired this portion of the meeting. .. COMMUNITY SERVICES DEPARTMENT .. 2004 Municipal Grants Resolution #GPA-119-04 Moved by Councillor Schell, seconded by Councillor Ping Ie .. THAT Report CSD-02-04 be received; .. THAT Council consider all submitted grant requests; THAT all requested funds exceeding the $5,000.00 limit be referred to the Municipal budget process; and .. THAT all applicants be advised of Council's decision, .. "CARRIED" .. Horticu Itu ral Societies Resolution #GPA-120-04 Moved by Councillor MacArthur, seconded by Councillor Trim .. THAT a grant in the amount of $350,00 be approved for each of the following organizations: .. #04-01 - Newcastle Horticultural Society #04-02 - Bowmanville Horticultural Society #04-03 - Orono Horticultural Society #04-04 - Ecology Garden/Bowmanville Organic Garden .. .... "CARRIED" .... Bowmanville Santa Resolution #GPA-121-04 Claus Parade Moved by Councillor Schell, seconded by Councillor Foster .. THAT Application #04-05 - Bowmanville Santa Claus Parade, be approved for a grant in the amount of $2,000.00. .. "CARRIED" .. 3)0 .. - G.P. & A. Minutes - 11 - March 8, 2004 COMMUNITY SERVICES DEPARTMENT CONT'D - - Newcastle Village Resolution #GPA-122-04 District Historical Society Moved by Councillor Trim, seconded by Councillor Pingle - THAT Application #04-06 - Newcastle Village District Historical Society, be approved for a grant in the amount of $1 ,000.00. "CARRIED" - Kendal Community Resolution #GPA-123-04 Centre - Moved by Councillor Trim, seconded by Councillor Schell - THAT Application #04-07 - Kendal Community Centre, be approved for a grant in the amount of $2,500.00. - "CARRI ED" - Newtonville Hall Board Resolution #GPA-124-04 Moved by Councillor Trim, seconded by Mayor Mutton - THAT Application #04-08 - Newtonville Hall Board, be approved for a grant in the amount of $2,500,00. - "CARRI ED" - Tyrone Community Resolution #GPA-125-04 Centre Moved by Councillor Pingle, seconded by Councillor Schell - THAT Application #04-09 - Tyrone Community Centre, be approved for a grant in the amount of $2,500.00. - "CARRIED" - Newcastle Resolution #GPA-126-04 Memorial Arena Management Board Moved by Councillor Schell, seconded by Councillor MacArthur - THAT Application #04-10 - Newcastle Memorial Arena Management Board, be approved for a grant in the amount of $2,500,00. - "CARRIED" - 3 , ~ - .... G.P. & A. Minutes - 12 - March 8, 2004 ... COMMUNITY SERVICES DEPARTMENT CONT'D Clarington Beech Resolution #GPA-127-04 Centre .... Moved by Councillor Schell, seconded by Councillor MacArthur .. THAT Application #04-11 - Clarington Beech Centre, be approved for a grant in the amount of $2,500.00. .. "CARRIED" Solina Community Resolution #GPA-128-04 Centre .. Moved by Councillor Foster, seconded by Councillor Schell ... THAT Application #04-12 - Solina Community Centre, be approved for a grant in the amount of $1 ,000.00. ... "CARRIED" Seniors of Newcastle Resolution #GPA-129-04 ... Moved by Councillor Trim, seconded by Mayor Mutton .. THAT Application #04-13 - Seniors of Newcastle, be approved for a grant in the amount of $1 ,000,00, .. "CARRIED" Great Canadian Town Band Festival Resolution #GPA-130-04 .... Moved by Mayor Mutton, seconded by Councillor MacArthur ... THAT Application #04-14 - Great Canadian Town Band Festival, be approved for a grant in the amount of $2,000.00. .. "CARRIED" ... Big Brothers and Resolution #GPA-131-04 Sisters of Clarington Moved by Councillor Schell, seconded by Councillor Trim ... THAT Application #04-15 - Big Brothers and Sisters of Clarington, be approved for a grant in the amount of $2,000.00. .. "CARRIED" x ... 3\2 ... ... G.P, & A. Minutes - 13 - March 8, 2004 COMMUNITY SERVICES DEPARTMENT CONT'D - - Humane Society of Resolution #GPA-132-04 Durham Region Moved by Councillor Pingle, seconded by Councillor Foster - THAT Application #04-16 - Humane Society of Durham Region, be approved for a grant in the amount of $500.00, - "CARRIED" - Kendal Loyal Orange Lodge #405 Resolution #GPA-133-04 Moved by Councillor Schell, seconded by Councillor MacArthur - THAT Application #04-17 - Kendal Loyal Orange Lodge #405, be denied, - "CARRIED" - Learning Resolution #GPA-134-04 Disabilities Assoc, of Peterborough Moved by Councillor Pingle, seconded by Councillor Trim - THAT Application #04-18 - Learning Disabilities Association of Peterborough, be approved for a grant in the amount of $500,00. - "CARRIED" - Bethesda House Resolution #GPA-135-04 Moved by Councillor Schell, seconded by Councillor Foster - THAT Application #04-19 - Bethesda House, be approved for a grant in the amount of $1 ,500.00. ... "CARRI ED" - Durham Region Resolution #GPA-136-04 Community Care Association Moved by Councillor Mayor Mutton, seconded by Councillor Schell ... - THAT Application #04-20 - Durham Region Community Care Association, be approved for a grant in the amount of $5,000.00 and that the balance of the request be referred to the budget process, - "CARRIED" - ~13 .. G.P. & A. Minutes - 14 - March 8, 2004 .. COMMUNITY SERVICES DEPARTMENT CONTD DeVries Family Ministry Resolution #GPA-137-04 .. Moved by Councillor Pingle, seconded by Councillor Schell .. THAT Application #04-21 - DeVries Family Ministry, be denied, "CARRIED" .. Clarington Concert Resolution #GPA-138-04 Band .. Moved by Councillor MacArthur, seconded by Councillor Schell THAT Application #04-22 - Clarington Concert Band, be approved for a grant in the amount of $500.00. ... "CARRIED" ... The Clarington Project Resolution #GPA-139-04 ... Moved by Councillor Trim, seconded by Councillor Pingle THAT Application #04-23 - The Clarington Project, be denied. ... "CARRIED" .. OVERT Resolution #GPA-140-04 Moved by Mayor Mutton, seconded by Councillor Pingle .. THAT Application #04-24 - OVERT, be approved for a grant in the amount of $5,000.00. lIIIlIIfi "CARRIED" .. Clarington Older Resolution #GPA-141-04 Adults Assoc, .. Moved by Councillor Schell, seconded by Councillor MacArthur THAT Application #04-25 - Clarington Older Adults Association, be approved for a grant in the amount of $3,000.00. .. ... "CARRIED" ... 314 ... - G.P. & A. Minutes - 15 - March 8, 2004 - COMMUNITY SERVICES DEPARTMENT CONTD - Durham Family Court Clinic - - - Clarington East Food Bank - - Resolution #GPA-142-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Application #04-26 - Durham Family Court Clinic, be denied. "CARRI ED" Resolution #GPA-143-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Application #04-27 - Clarington East Food Bank, be approved for a grant in the amount of $1 ,500.00. "CARRI ED" - Clarington Fiddle Resolution #GPA-144-04 Club - - - Newcastle Colts Soccer Club - - - Clarington Tigercats - - - - Moved by Councillor Trim, seconded by Councillor Pingle THAT Application #04-28 - Clarington Fiddle Club, be approved for a grant in the amount of $500.00, "CARRIED" Resolution #GPA-145-04 Moved by Mayor Mutton, seconded by Councillor Schell THAT Application #04-29 - Newcastle Colts Soccer Club, be approved for a grant in the amount of $500.00. "CARRIED" Resolution #GPA-146-04 Moved by Councillor Trim, seconded by Mayor Mutton THAT Application #04-30 - Clarington Tigercats, be approved for a grant in the amount of $1 ,500.00, "CARRIED" 315 .. G.P. & A. Minutes - 16 - March 8, 2004 .. COMMUNITY SERVICES DEPARTMENT CONT'D Clarington Resolution #GPA-147-04 .. Orioles Baseball Club Moved by Councillor MacArthur, seconded by Councillor Foster .. THAT Application #04-31 - Clarington Orioles Baseball Club, be approved for a grant in the amount of $1 ,500.00. .. "CARRIED" Clarington Swim Resolution #GPA-148-04 Club .. Moved by Councillor Pingle, seconded by Councillor Foster .. THAT Application #04-32 - Clarington Swim Club, be denied. "CARRIED" ... Newcastle Skating Resolution #GPA-149-04 Club .. Moved by Councillor Trim, seconded by Councillor Schell THAT Application #04-33 - Newcastle Skating Club, be approved for a grant in the amount of $1 ,500.00. .. "CARRIED" .. Orono Figure Skating Club Resolution #GPA-150-04 .. Moved by Councillor Trim, seconded by Mayor Mutton THAT Application #04-34 - Orono Figure Skating Club, be approved for a grant in the amount of $1 ,500.00. .... "CARRIED" .. St. Francis of Assisi School Resolution #GPA-151-04 ... Moved by Councillor Schell, seconded by Councillor Pingle ... THAT Application #04-35 - St. Francis of Assisi School, be denied. ... "CARRIED" .. 316 .. G.P. & A. Minutes - - 17 - March 8, 2004 - COMMUNITY SERVICES DEPARTMENT CONTD Courtice Soccer Association - ... - Tyrone Athletic Association - - - Resolution #GPA-152-04 Moved by Mayor Mutton, seconded by Councillor Schell THAT Application #04-36 - Courtice Soccer Association, be approved for a grant in the amount of $500.00, "CARRIED" Resolution #GPA-153-04 Moved by Councillor Pingle, seconded by Councillor Foster THAT Application #04-37 - Tyrone Athletic Association, be approved for a grant in the amount of $2,000,00. "CARRIED" Ganaraska Wolves Resolution #GPA-154-04 Volleyball Club ... - ... - Bowmanville/ Newcastle Baseball Assoc, - ... ... Clarington Girls Slo Pitch ... - - - Moved by Councillor Trim, seconded by Councillor MacArthur THAT Application #04-38 - Ganaraska Wolves Volleyball Club, be approved for a grant in the amount of $1 ,500.00. "CARR I ED" Resolution #GPA-155-04 Moved by Councillor MacArthur, seconded by Mayor Mutton THAT Application #04-39 - Bowmanville/Newcastle Baseball Association, be approved for a grant in the amount of $1,500.00. "CARRIED" Resolution #GPA-156-04 Moved by Councillor Trim, seconded by Councillor Pingle THAT Application #04-40 - Clarington Girls Slo Pitch, be approved for a grant in the amount of $500.00. "CARRIED" J 17 - G.P. & A. Minutes - 18 - March 8, 2004 .. COMMUNITY SERVICES DEPARTMENT CONT'D Friends of Second Resolution #GPA-157-04 Marsh ... Moved by Councillor Schell, seconded by Councillor Foster ... THAT Application #04-41 - Friends of Second Marsh, be approved for a grant in the amount of $500.00. III "CARRIED" Clarington Minor Resolution #GPA-158-04 Hockey Assoc. ... Moved by Councillor MacArthur, seconded by Councillor Trim .. THAT Application #04-42 - Clarington Minor Hockey Association, be approved for a grant in the amount of $1,500.00. ... "CARRIED" III Clarington Speed Resolution #GPA-159-04 Skating Club Moved by Councillor Foster, seconded by Councillor MacArthur .. THAT Application #04-43 - Clarington Speed Skating Club, be approved for a grant in the amount of $1 ,000.00. III "CARRIED" - Newcastle Village Resolution #GPA-160-04 Minor Hockey Assoc. Inc, Moved by Councillor Schell, seconded by Councillor Trim ... THAT Application #04-44 - Newcastle Village Minor Hockey Association Inc., be approved for a grant in the amount of $1,500,00. III "CARRIED" ... Orono Amateur Athletic Assoc. Resolution #GPA-161-04 III Moved by Mayor Mutton, seconded by Councillor Trim .. THAT Application #04-45 - Orono Amateur Athletic Association, be approved for a grant in the amount of $2,000.00. .. "CARRIED" III .7 1 f'\ G.P. & A. Minutes - 19 - March 8, 2004 - COMMUNITY SERVICES DEPARTMENT CONTD - Newcastle Community Hall Resolution #GPA-162-04 - Moved by Councillor Schell, seconded by Councillor Trim - THAT Application #04-46 - Newcastle Community Hall, be approved for a grant in the amount of $5,000.00 and that the balance of the request be referred to the budget process. - "CARRIED" Councillor Foster chaired this portion of the meeting. - CLERK'S DEPARTMENT - Animal Services Resolution #GPA-163-04 Statistical Report November to Moved by Councillor Pingle, seconded by Councillor Schell December, 2003 - THAT Report CLD-07-04 be received for information; and - THAT a copy of Report CLD-07 -04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. - "CARRIED" - Mayor Mutton chaired this portion of the meeting, CORPORATE SERVICES DEPARTMENT - - Public Sector Salary Disclosure Act Resolution #GPA-164-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report COD-010-04 be received for information; and .. .. THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be notified which employees, if any, were paid a salary of $100,000 or more (as defined in the Act), for the year 2003. - "CARRIED" - - 3)9 - .. G.P. & A. Minutes - 20- March 8, 2004 .... CORPORATE SERVICES DEPARTMENT CONTD Tender CL2003-33 Resolution #GPA-165-04 .. Sydney B. Rutherford Trail Moved by Councillor Robinson, seconded by Councillor Trim Entrance, Orono .. THAT Report COD-011-04 be received; 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; llIIIIIi 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; $10,000.00 from Park Development Reserve Account #2900-00027 -X; $21,000,00 from General Capital Reserve Account #2900-00017-X; and .. b) c) ... THAT the by-law attached to Report COD-011-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved, ... .. "CARRIED" Tender CL2003-36 Resolution #GPA-166-04 Roenigk Drive & King Street West Moved by Councillor MacArthur, seconded by Councillor Schell Intersection Improvements THAT Report COD-013-04 be received; ... ... ... 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 Intersection Improvements as required by the Engineering Department; .. .. 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; and .. .. .. G.P. & A. Minutes - 21 - March 8, 2004 CORPORATE SERVICES DEPARTMENT CONTD - - THAT the by-law attached to Report COD-013-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. - "CARRIED" FINANCE DEPARTMENT - - Applications for Resolution #GPA-167-04 Cancellation, Reduction, Moved by Councillor Schell, seconded by Councillor Pingle Apportionments or Refund of Taxes THAT Report FND-004-04 be received; and - - THAT the list of applications for cancellation, reduction, apportionments or refund of taxes attached to Report FND-004-04 be approved, "CARRIED" - - Cash Activity - Resolution #GPA-168-04 Fourth Quarter of 2003 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report FND-005-04 be received; - - 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 schedule attached to Report FND-005-04; and - THAT Part "A" of the expenditures for the fourth quarter of the year be confirmed, - "CARRIED" - CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT - Municipal/ Resolution #GPA-169-04 Community Information Forum Moved by Councillor Pingle, seconded by Councillor Schell - THAT ADM-02-04 be received for information. "CARRIED" - J Report ADM-03-04 was withdrawn from the agenda. ,J 2 J - ~ G.P. & A. Minutes .... - 22- March 8, 2004 UNFINISHED BUSINESS ... OTHER BUSINESS ADJOURNMENT Councillor Pingle stated a pecuniary interest with respect to Confidential Report PSD-035-04; vacated her chair and refrained from discussion and voting on the subject matter. She indicated that she resides in the area which is the subject of the report. ... ... Resolution #GPA-170-04 ... Moved by Councillor Schell, seconded by Councillor MacArthur .. THAT the recommendations contained in Confidential Report PSD-035-04 be approved. III "CARRIED" lIlIII There were no items considered under this section of the agenda. III ... Resolution #GPA-171-04 Moved by Councillor Foster, seconded by Councillor MacArthur ... THAT the meeting adjourn at 11 :10 a,m. ... "CARRI ED" ... MAYOR ... ... MUNICIPAL CLERK ... ... .. 322 IIIIIli - Cl!1[i!Jgtnn REPORT - PLANNING SERVICES - - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 29, 2004 PSD-036-04 File #: A2002/041 By-law #: A2004/007 TO A2004/010 INCLUSIVE MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF MARCH 4 AND MARCH 18, 2004 - RECOMMENDATIONS: . It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report PSD-036-04 be received; - 2. THAT Council concurs with decisions of the Committee of Adjustment made on March 4, 2004 and March, 18.. 2004 for applications A2004/007 to A2004/01 0 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and - - 3. THAT Council not appeal the decision made by the Committee of Adjustment on March 18, 2004 for application A2002/041. However, should an appeal be lodged by another party, Staff be authorized to defend its original recommendation, - " , - Submitted by: (~ - - v / ~Q -'."L )4 Reviewed by: U - ..'\J Franklin Wu, Chief Administrative Officer - - a . Crome, MCIP, R.P.P. Direc or of Planning Services - SAIL T/DJC/ld March 22, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 601 - ... REPORT NO.: PSD-036-04 PAGE 2 ... 1.0 APPLICATION DETAILS 1. All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of be.ing received by the Secretary Treasurer. The purpose of 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 ... Application Number Staff Recommendation Decision of Committee March 4, 2004 A2002/041 Dismiss without prejudice Tabled for up to 2 months A2004/007 Approve Approved A2004/008 Approve Approved March 18, 2004 A2002/041 ' Table Approved as amended A2004/009 Approve Approved A2004/010 Approve Approved ... ... - - 2. Application A2002/041 is to permit a 75 m2 (800 fe) accessory building at the Roger Swan car dealership located at 2320 Holt Road, The proposed accessory building would have a 0.6 metre rear yard setback instead of the required 5 metres, which is a reduction of 4.4 metres. This application had been previously tabled three times at Committee of Adjustment meetings; July 25, 2002 for up to six months, February 6, 2003 for ,an additional six months and August 28, 2003 for a further six months, Each time, Committee stated that as a site plan had not yet been filed on the property it was premature to approve the minor variance applied for. Typically, Committee of Adjustment does not approve a minor variance for a site plan until the site plan process has determined what variances are required and the exact amount of variance required, The applicant had not proven to Committee that this was the best and only location for this proposed storage building and that the variance was a necessity. - ... ... - ... The applicant has consistently refused to apply for the site plan as he feels the site plan process is a significant investment with no guarantee of approval without the minor variance. Thus, a stalemate was reached. ... Although the applicant did not attend the meeting March 4, 2004, he had expressed to Staff that he was no longer interested in pursuing the application. In seeking to find a solution, Committee discussed the application vigorously and came up with some ideas for resolution for this application. The application was tabled for up to two months to aHow the -applicant time to appear before Committee for further discussion. ... - The applicant was notified that his application was scheduled to be heard by Committee and was pleased with Committee's proposal. He agreed to amend his application to request a 1.2 metre setback instead of the 0.6 metres originally applied for. 602 III .. - REPORT NO.: PSD-036-04 PAGE 3 - - Municipal Staff did not support the approval of this application. It appears from the existing site plan that relocation or elimination of parking spaces would be required, the existing north entrance may need some upgrades, and drainage will need to be revised, Staff is of the opinion that it would be prudent to review a site plan application first and know what variances the applicant may require and the amount of each variance. - - Staff does not endorse the decision of the Committee in this case, However, given that the variance will lapse if site plan approval is not received within 24 months, that the applicant is very much aware that additional minor variances may be required at his time and expense, and that the neighbouring property owner affected by the reduced rear yard setback has not contacted Staff at any point during the two years the application has been under discussion, Staff does not feel that an appeal to the Ontario Municipal Board by the Municipality is warranted, Should the application be appealed by another party, Staff will present evidence in support of their original recommendation, - - 3, 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 Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the committee of Adjustment. - - - - Attachment 1 : Attachment 1 - Periodic Report for Committee of Adjustment - - - - - - - 603 - ATTACHMENT ... Cl~n ... - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT .. APPLICANT: OWNER: PROPERTY LOCATION: SWAN, ROGER SWAN, ROGER 2320 HOLT RD", DARLINGTON PART LOT 21, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/041 .. .. FILE NO.: III PURPOSE: TO PERMIT THE CONSTRUCTION OF A NEW STORAGE BUILDING ON A .. COMMERCIAL LOT BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 5 METRES TO 0.6 METRES. .. .. DECISION OF COMMITTEE: THAT THE' APPLICATION BE TABLED FOR UP TO 2 MONTHS TO ENSURE THE APPLICANT IS AVAILABLE FOR A FUTURE COMMITTEE OF ADJUSTMENT MEETING, FOR FURTHER DISCUSSION OF THE APPLICATION. .. - .. DATE OF DECISION: March 4,2004 LAST DAY OF APPEAL: March 24, 2004 .. - .. .. .. 604 .. - - CJ!J!illgton - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - - APPLICANT: OWNER: PROPERTY LOCATION: GILBRIDE, PATRICIA & RUSSELL GILBRIDE, PATRICIA & RUSSELL 22 MCCALLUM ST." HAMPTON PART LOT 19, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2004/007 - FILE NO.: - PURPOSE: TO PERMIT THE REDUCTION OF AN EXISTING AGRICULTURAL LOT FROM 1.9775 HA TO 1.1975 HA, A DIFFERENCE OF 0.78 HA. THE MINIMUM LOT AREA REQUIREMENT IN THE "AGRICULTURAL ZONE" IS 40 HECTARES. - - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE LOT AREA TO 1.1975 HA AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. - - DATE OF DECISION: March 4,2004 LAST DAY OF APPEAL: March 24, 2004 - - - - - 605 - - Cl~n - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT _ APPLICANT: OWNER: PROPERTY LOCATION: MCKEEN, JODY MCKEEN, JODY 2198 TAUNTON RD." DARLINGTON PART LOT 20, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2004/008 - - FILE NO.: - PURPOSE: . TO PERMIT THE EXPANSION OF AN EXISTING LOT FROM 3.85 HA TO 4.63 HA, WHEREAS THE MINIMUM LOT AREA REQUIREMENT IN THE "AGRICULTURAL ZONE" IS 40 HECTARES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO INCREASE THE LOT AREA TO 4.63 HA AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. - - - . DATE OF DECISION: March 4,2004 LAST DAY OF APPEAL: March 24, 2004 - - - - .. 606 .. - - cm-fl1glon - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - FILE NO.: SWAN, ROGER SWAN, ROGER 2320 HOLT RD." DARLINGTON PART LOT 21, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/041 - APPLICANT: OWNER: PROPERTY LOCATION: - - PURPOSE: TO PERMIT THE CONSTRUCTION OF A NEW STORAGE BUILDING ON A COMMERCIAL LOT BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 5 METRES TO 0.6 METRES. - - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS AMENDED AT A 1.2 M REAR YARD SETBACK FOR THE COMMERCIAL STORAGE BUILDING, SUBJECT TO SITE PLAN APPROVAL BEING OBTAINED WITHIN 24 MONTHS AS IT CONFORMS TO THE OP & ZONING BY-LAW & IS DEEMED MINOR & DESIRABLE. - - DATE OF DECISION: March 18,2004 LAST DAY OF APPEAL: April 7, 2004 - - - - - 607 - - ClWillgtnn - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: OWNER: TOPOLlE, MARTIN SPARKES, KENNETH - - PROPERTY LOCATION: 91 CEDAR CREST BEACH RD" BOWMANVILLE PART LOT 13, CONCESSION BFC FORMER TOWN(SHIP) OF BOWMANVILLE .. FILE NO.: A2004/009 - PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK AND STAIRS ON AN EXISTING DWELLING BY REDUCING THE WESTERLY INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 3 METRES TO 0.51 METRES. - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE WESTERLY INTERIOR SIDE YARD SETBACK TO 0.51 METRES, SUBJECT TO THE SHEDS BEING BROUGHT INTO COMPLIANCE WITH THE ZONING BY-LAW, PRIOR TO THE - ISSUANCE OF A BUILDING PERMIT FOR THE DECK, AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND _ DESIRABLE. - DATE OF DECISION: LAST DAY OF APPEAL: March 18, 2004 April 7, 2004 - ... - ... .. 608 - - C!fJ!IlJgtOn - - PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT - APPLICANT: TOPOLlE, MARTIN - OWNER: RITCHEY, VALERIE PROPERTY LOCATION: 105 COVE RD." BOWMANVILLE - PART LOT 11, CONCESSION BFC FORMER TOWN(SHIP) OF BOWMANVILLE - FILE NO.: A2004/0 10 - PURPOSE: - TO PERMIT AN EXISTING DWELLING TO BE RELOCATED ON LOT BY INCREASING THE WESTERLY SIDE YARD SETBACK FROM 2.03 METRES TO 2.23 METRES, THE MINIMUM SIDE YARD SETBACK IS 3 METRES, AND TO PERMIT THE CONSTRUCTION OF AN ADDITION ON AN EXISTING DWELLING BY REDUCING THE EASTERLY INTERIOR SIDE YARD SETBACK FROM THE EXISTING 0,55 METRES TO 0.34 METRES. - - - DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE SHEDS BEING BROUGHT INTO COMPLIANCE WITH THE ZONING BY-LAW PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE RELOCATION OF THE DWELLING, AS IT MEETS THE INTENT OF THE O,FFICIAL PLAN AND ZONING BY- LAW AND IS DEEMED MINOR AND DESIRABLE. - - DATE OF DECISION: March 18, 2004 - LAST DAY OF APPEAL: April 7, 2004 - - - 609 - ... - - - - ... ... - - - " - - ... - - - - III - - - Cl!J!ilJgtnn REPORT PLANNING SERVICES - - Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 29, 2004 - Report #: PSD-037-04 File #: ZBA 2003-038 By-law #: and ZBA 2004-004 REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE AND IMPLEMENT DRIVE-THROUGH REGULATIONS FOR ASPEN SPRINGS COMMERCIAL DEVELOPMENT PROPONENTS: MARTIN ROAD HOLDINGS LIMITED AND MUNICIPALITY OF CLARINGTON Hartwell Avenue and Regional Road 57, Bowmanville - Subject: - - - RECOMMENDATIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the rezoning applications submitted by Martin Road Holdings Limited to permit a convenience store and the proposal by Municipality of Clarington to implement drive-through facility regulations be APPROVED and that the attached By-law contained in Attachment 2 be passed once the outstanding taxes for the subject property have been paid; - - 2. THAT a copy of Report PSD-037 -04 and Council's decision be forwarded to the Durham Region Planning Department; and, - 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. - - Submitted by: D v ~,Crome, M.C.I.P.,R.P.P, Director, Planning Services Reviewed bYcJ ~-'" ~~ Franklin Wu Chief Administrative Officer - - RH/CP/DC/df 23 March 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 61.0 - REPORT NO.: PSD-D37-D4 PAGE 2 .. 1.0 APPLICATION DETAILS 1.1 Proponents: Martin Road Holdings Limited (ZBA 2003-038 on Site A) and Municipality of Clarington (ZBA 2004-004 on Sites A & B) .. .. 1,2 Owner: Martin Road Holdings Limited (Sites A & B) 1.3 Rezoning Application ZBA 2003-038: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" on Site A to an appropriate zone to permit a convenience store in addition to other permitted use~ within a proposed commercial plaza, .. .. 1.4 Rezoning Proposal ZBA 2004-004: To rezone the subject lands from "Holding - General Commercial ((H)C1) Zone" on Site A and "Holding - Neighbourhood Commercial ((H)C2) Zone" on Site B to introduce new zoning provisions on the subject lands implementing the drive-through regulations 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 stacking lane length and stacking lane entrance setback from a public road, and a 12 metre minimum required setback from residential uses, - .. .. .. 1.5 Location: Part Lot 15, Concession 1, former Township of Darlington, northwest and southwest corners of Regional Road 57 and Hartwell Avenue, 1 and 2 Hartwell Avenue, Bowmanville. .. - 2.0 LOCA liON ... 2,1 The subject lands are located in Bowmanville at the northwest and southwest corners of Regional Road 57 and Ha~ell 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 .. Convenience Store Application (ZBA 2003-038) 3.1 On August 7, 2003, Martin Road Holdings Limited submitted a rezoning application (ZBA 2003-038) to permit a convenience store as a component of a proposed 1,892 m2 (20,366 tf) 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. 3.2 Prior to the Public Meeting, a number of concerns were received from area residents. ... .. .. 611 .. - REPORT NO.: PSD-037-o4 PAGE 3 - . An area resident has requested that a left hand turning lane be provided for northbound traffic on Regional Road 57 into Hartwell Avenue in conjunction with this development. The resident lives at this intersection and has experienced numerous ingress and egress problems. . It was suggested that the presence of the proposed plaza will increase traffic levels at the intersection of Hartwell Avenue and Regional Road 57, Convenience stores create hangouts for young children and teenagers. A convenience store is not necessary in the area, . A resident in the vicinity of the proposed development has raised an objection to the proposed drive-through restaurant. Noise from idling cars is not desirable, . A resident questioned whether the plaza would be well landscaped. These comments are addressed in Section 8.2 of this report. - - - - - 3.3 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, and proximity of the drive-through to the residential area, These issues are discussed and addressed in Sections 8.3 and 8.4 of this report. 3,4 The applicant submitted site plan application SPA 2003-030 on June 18, 2003, for Site A and has recently submitted revised plan for site plan approval. - - - Drive-Throuah Facility Application (ZBA 2004-004) - - 3.5 As a result of the public concern raised on October 6, 2003, Council directed Staff to initiate an application to implement similar standards for drive-through facilities on Sites A & B as those introduced in the Bowmanville King Street East Corridor area study. - 3.6 A statutory Public Meeting was held for the application on March 8, 2004. Although no one spoke in opposition to or in support of the application, one resident objected to construction of the plaza until Regional Road 57 is upgraded. This issue is addressed in Section 8,2 of this report, - - 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: North: West: South: Urban residential Urban residential Urban residential Urban residential 612 - REPORT NO.: PSO-o37-o4 PAGE 4 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, 5.2 The revised site plan application indicates a total f100rspace within the plaza of 1,920 m2. A total of 1,200 m2 (12,920 W) of retail commercial f100rspace and 1,150 m2 (12,380 W) of office f100rspace have been allocated to Aspen Springs commercial development. Although tenanting the entire plaza with retail commercial f100rspace would exceed the site's allocation, Section 24.5 of the Official Plan permits minor f100rspace increases of up to 10%. 6.0 ZONING BY-LAW CONFORMITY 6.1 Site A is zoned "Holding - General Commercial ((H)C1) Zone", which does not permit a convenience store. In order to permit the additional use, a rezoning application was submitted for consideration. 6.2 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 restaurant with a drive-through facility. 7.0 AGENCY COMMENTS 7,1 The applications were circulated to relevant agencies for comment. The Durham Region Planning Department has indicated that the proposed applications conform to the relevant policies. 7,2 The Durham Region Public Works Department, Clarington Engineering Services Department and Central Lake Ontario Conservation have no objections to the applications provided that their conditions of approval are fulfilled through the site plan approval process. 8.0 COMMENTS ... - - ... - - ... - - - - - - - - .. 8.1 Convenience stores were removed from the "General Commercial (C1) Zone" in _ 1987 upon the direction of Council to deal specifically with an increase in convenience stores in downtown Bowmanville, Council felt that the prevalence of convenience stores was not compatible with downtown retail commercial area. .. Since that time, all new convenience stores within "General Commercial (C1) Zone" have been permitted by site-specific zoning. 613 - - REPORT NO.: PSD-037-04 PAGE 5 - 8,2 Although Staff has received a number of concerns from area residents, most of these issues are more appropriately resolved through site plan approval. The residents' concerns will be addressed in the following manner. . Two area residents have requested that improvements be made to Regional Road 57. These include a left hand turning lane be provided for northbound traffic onto Hartwell Avenue from Regional Road 57 and overall widening and improvements to Regional Road 57, Staff discussions with Durham Regional Public Works Department have indicated that, subject to budget approvals, reconstruction of Regional Road 57 is contemplated between 2008 and 2012, Regional Works Staff are reviewing the issue of intersection improvements related to this development further and will provide comments prior to site plan approval. . The proposed plaza will generate additional vehicular traffic on roads. The plaza will have a right-in/right-out access to Regional Road 57, which is a Type A arterial. The current road network is designed to accommodate the additional traffic volumes, Area sidewalks have been constructed to promote walking to a destination as an alternative to driving. . One of the functions of Central Areas is to serve as meeting or gathering places for people. Loitering within the plaza will be the owner's responsibility, It is in the owner's interest to ensure that all people patronize their facility and that it remain clean. . There are no convenience stores in the immediate vicinity, The Zoning By- law defines convenience stores as a "commercial establishment that supplies groceries or other daily household conveniences to the residents in the immediately surrounding area". The' policies for the subject lands are designed to provide a limited scale of retail development serving the surrounding neighbourhood. . The initial landscaping plan submitted with the site plan application has shown that the developer is committed to providing a well-landscaped plaza. The landscaping areas, street trees, and entrance plantings generally reflect the intent of the landscape design guidelines. Staff will require some further revisions. - - - - - .. - - - - - 8,3 The Bowmanville King Street East Corridor Study was prepared for the Municipality by Urban Strategies Inc. and Totten Sims Hubicki. Council approved recommendations from the study in October 2003, in the form of amendments to the Clarington Official Plan and Zoning By-law, including regulations for drive- through uses in the study area, The 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 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. - - - - - 8.4 The purpose of the Municipality's proposal with respect to the subject lands is to amend the existing zoning on both properties to implement zoning regulations in 614 - REPORT NO.: PSO-o37-o4 PAGE 6 a similar manner as was done in the Bowmanville King Street East Corridor Study Area. 8,5 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. 8,6 At this time taxes, owing on the properties subject to rezoning total just under $113,000. A representative from the Kaitlin Group has indicated they are challenging the assessed value of these properties and as a result have not paid taxes. They will pay the taxes, under protest, early next month as they wish to follow through with their assessment appeal. Staff recommend approving the rezoning and adopting the by-law only after the taxes are paid. 9.0 CONCLUSIONS 9,1 Due to the imminent development of these lands, the introduction of the new zoning standard on this site will provide regulations that minimize the potential adverse impacts of any drive-through facility on the surrounding residential area, 9.2 The applications have 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 recommends that the rezoning applications for the proposed use and the implementation of drive-through regulations be APPROVED and that Council pass the By-law contained in Attachment 2, at such time the outstanding taxes have been paid. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Zoning By-law Interested parties to be notified of Council's decision: Kelvin Whalen Martin Road Holdings Limited 1029 McNicoll Avenue Scarborough, ON M1W 3W6 Bonnie Seward 21 Glen Ray Court Bowmanville, ON L 1 C 3W7 Frank Harris 3403 Liberty Street North Bowmanville, ON L 1 C 3K6 Vivian and Hugh Perkins 12 Chandler Court Bowmanville, ON L 1 C 489 John Vanderkooi 46 Regional Road 57 Bowmanville, ON L 1 C 3K7 Lisa Radu 71 Bonnycastle Drive Bowmanville, ON L 1 C 4W7 ~..~ .. .. .. .. .. .. .. .. .. - - .. - - - .. .. - - REPORT NO.: PSO-o37-o4 PAGE 7 - Dan Labanowich Michael Mytko - 79 Bonnycastle Drive 117 Bonnycastle Drive Bowmanville, ON L 1 C 4S9 Bowmanville, ON. L 1 C 4W7 - April Venedam Aaron & Susan Gaudon 11 Glen Ray Court 13 Glen Ray Court Bowmanville, ON L 1C 4W7 Bowmanville, ON L 1 C 4W7 - David Garneau Mike & Gail Palmer 15 Glen Ray Court 17 Glen Ray Court - Bowmanville, ON L 1C 4W7 Bowmanville, ON L 1C 4W7 Randy & Rhonda Payne - 19 Glen Ray Court Bowmanville, ON L 1C 4W7 - - - - - - - - - - - - 616 - ,;' ,/ / / \ \ \ \ \ \ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , ,------- / / I I I I I I I I I I I I I Bowmanville Key Map prrrll11 / \ =;l=~~ I I \ ~ --1 --I --I ::J HARTWELL AVENUE SITE B Cl <( o 0:: Z I- 0:: <( ~ ATTACHMENT 1 .. .. - .. .. .. .. ... .. - .. - - .. - ZBA 2004-004 Zoning By-law Amendment .. .. Owner: Martin Road Holdings Ltd. Applicant: Municipality of Clarington 617 .. .. ATTACHMENT 2 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 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 applications ZBA 2003-038 and ZBA 2004-004 to permit the development of a convenience store and to implement the drive-through standards developed through the Bowmanvi/le King Street East Corridor Study; - - NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding a new Section 16,5,32 as follows: - - "16,5,32 GENERAL COMMERCIAL EXCEPTION (C1-32) ZONE (1) Notwithstanding Section 16,1(b), those lands zoned C1-32 on the Schedules to this By-law may, in addition to the other uses permitted in the C1 zone, be used for a convenience store and a drive-through facility provided that the drive-through facility is developed in accordance with the provisions in Section 16.5,32,(2)(i) and (ii) are complied with, (2) Notwithstanding the provisions of 16.1(b), 16,3 (a), and 16,3 (b), no person shall use any land or erect or use any building or structure located in a C1-32 zone for any residential or non-residential purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: - - - i) With respect to non-residential uses, a drive-through facility shall not be erected or used on lands within a C1-32 zone, unless: (a) the lot on which the drive-through facility is located has an area of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the drive-through facility which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by customers and located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone; - - - ., (c) a stacking lane is provided and maintained on the lot on which the drive-through facility is located which stacking lane has a minimum length of 72 metres, a minimum width of 3 metres and entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; - - - - 618 - .. (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block, impede or interfere with the use of parking spaces required to be provided on the Jot on which the drive-through facility is located; (e) a direct pedestrian walkway at least 1.5 metres wide which does not intersect with or cross the stacking lane is provided and maintained on the lot from the portion of a street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and (f) notwithstanding the number of parking spaces required by Section 3,15(a) of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. ... ... .. - ii) Notwithstanding Section 16,5,32(2)(i)(c) and (f), a drive-through facility which is not a drive-through eating establishment; a drive- through eating establishment, drive-in; or a drive-through eating establishment, take-out, are permitted if they satisfy the other provisions of Section 16,5,32(2)(i) and this By-law and the following requirements: - .. (a) a stacking lane is provided and maintained on the lot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrances to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; and .. ... (b) not less than 1 parking space for each 30 square metres of gross floor area cont~ined in the building or structure, are provided and maintained on the lot. (3) In this Section, the term: "drive-through facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as: a bank or financial institution; dry cleaning establishment; dry cleaning distribution centre; eating establishment; eating establishment, drive-in; eating establishment, take-out; retail commercial establishment; service shop. light; service shop, personal; shopping centre; or supermarket; ... - ... - "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs," ... - ... 2. Section 17,5 "SPECIAL EXCEPTIONS - NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding a new Section 17,5,9 as follows: .... ... 619 - .... "17,5,9 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-9) ZONE - (1) Notwithstanding Section 17,1 (b), those lands zoned C2-9 on the Schedules to this By-law may also be used for a drive-through facility provided that the drive-through facility is developed in accordance with the provisions in Section 17,5,9.(2)(i) and (ii) are complied with, (2) Notwithstanding the provisions of Sections 2, 17,1(b), 17,3 (a), and 17,3 (b), no person shall use any land or erect or use any building or structure located in a C2-9 zone for any residential or non-residential purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: - - - i) With respect to non-residential uses, a drive-through facility shall not be erected or used on lands within a C2-9 zone, unless: (a) the lot on which the drive-through facility is located has an area - of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the - drive-through facility which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by customers and located on the lot, and all portions of the stacking lane are - located at least 12 metres from the boundary of any residential zone and at least 12 metres from the lot line of a lot on which an apartment building, a single detached dwelling, a semi- detached dwelling, a street townhouse dwelling or a triplex - dwelling is erected; (c) a stacking lane is provided and maintained on the lot on which the drive-through facility is located which stacking lane has a - minimum length of 72 metres, a minimum width of 3 metres and entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; - (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block, impede or interfere with the use of parking spaces required to be provided on the lot on - which the drive-through facility is located; (e) a direct pedestrian walkway at least 1,5 metres wide which does not intersect with or cross the stacking lane is provided - and maintained on the lot from the portion of a street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and ii) (f) notwithstanding the number of parking spaces required by Section 3.15(a) of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. Notwithstanding Section 17,5,9(2)(i)(c) and (f), a drive-through facility which is not a drive-through eating establishment; a drive- through eating establishment, drive-in; or a drive-through eating establishment, take-out, are permitted if they satisfy the other provisions of Section 17,5,9(2)(i) and this By-law and the following requirements: - - - - - 620 - - (a) a stacking lane is provided and maintained on the lot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrances to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion ofa lot line of the lot; and (b) not less than '1 parking space for each 30 square metres of gross floor area contained in the building or structure, are provided and maintained on the lot. (2) In this Section, the term: "drive-through facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane, A drive- through facility may be in combination with other uses such as: a bank or financial institution; dry cleaning establishment; dry cleaning distribution centre; eating establishment; eating establishment, drive-in; eating establishment, take-out; retail commercial establishment; service shop, light; service shop, personal; shopping centre; or supermarket; "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs," - - - .. .. .. - - 3, Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - General Commercial ((H)C1) Zone" to "Holding - General Commercial Exception ((H)C1-32) Zone" "Holding - Neighbourhood Commercial ((H)C2) Zone" to "Holding - Neighbourhood Commercial Exception ((H)C2-9) Zone" as shown on the attached Schedule "A" hereto. - - 4. Schedule "A" attached hereto shall form part of this By-Law, - 5. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S,Q, 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 - Patti L. Barrie, Municipal Clerk .. 621 .. - - - - - - - - - - - - - - - - - - Clw:.mgtnn REPORT PLANNING SERVICES " Meeting: GENERAL. PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 29, 2004 Report #: PSD-038-04 File #: COPA 2003/005 By-law #: ZBA 2003/029 and 18T -93008 Subject: CLARINGTON OFFICIAL PLAN AMENDMENT, REZONING AND AMENDMENT TO DRAFT APPROVED PLAN 18T -93008 TO PERMIT 103 RESIDENTIAL UNITS APPLICANT: 1389877 ONTARIO LIMITED Part Lots 11 and 12, Concession 1, former Town of Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-04 be received; 2, THAT Amendment No. 38 to the Clarington Official Plan (COPA 2003/005) to delete a Medium Density symbol, submitted by 1389877 Ontario Limited be APPROVED as contained in Attachment 2; 3. THAT the amendment to Draft Approved Plan of Subdivision 18T-93008 submitted by 1389877 Ontario Limited be APPROVED subject to the conditions contained in Attachment 4; 4. THAT the proposed Draft Plan be redlined to show the extension of Street "A" to Albert Street and that a condition be added to the Conditions of Draft Approval which requires said extension to be built to the satisfaction of the Director of Engineering Services; 5. THAT the application for Zoning By-law Amendment (ZBA 2003/029) be APPROVED as contained in Attachment 5; 6. THAT the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 622 - REPORT NO.: PSD-038-04 PAGE 2 - 7, THAT the applicant and all interested parties listed in this report and any delegations be advised of Council's decision. - Submitted by: D vi . Crome, MCIP, R.P.P. Director of Planning Services - Reviewed by: O~~- Franklin Wu, Chief Administrative Officer .. CS/L T IDJC/df/sn 23 March 2004 - 1M 1M - - .. .. .. - .. IliII IllIlII 623 ... - REPORT NO.: PSD-038-04 PAGE 3 - 1.0 APPLICATION DETAILS - 1.1 Applicant: 1389877 Ontario Limited - Mr. Wilf Goldlust 1.2 Agent: Anthony Biglieri of The Biglieri Group - 1.3 Amendment to the Clarington Official Plan: - To delete the Medium Density Symbol on Map 3A of the Clarington Official Plan. - 1.4 Amendment to Draft Approval Plan of Subdivision: - From: 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi-detached (18 units), 18 Blocks for 90 on-street townhouses, a future development block, a parkette, a pedestrian linkage to an open space block, a block for a water quality pond and roads, - - To: 103 single detached dwellings with lot 12 metre frontages, a storm water management facility, a 0.19 hectare (.49 acres) park and open space. - 1.5 Amendment to the Zoning By-law: - From: "(Holding) Urban Residential Type One (R1) Zone", "(Holding) Urban Residential Exception Two (R2-6) Zone", "(Holding) Urban Residential Exception (R2-7) Zone", and "(Holding) Urban Residential Exception Three (R3-14) Zone" to an appropriate zone. - - To: Permit the proposed amendment to the Draft Approved Plan. 1.6 Site Area: 8,73 hectares (21.5 acres) - 2.0 - 2.1 - LOCATION The lands subject to the amendments are located west of Hunt Street, south of Goodyear Canada, north and east of Bowmanville Creek and associated valley lands, being Part of Lots 11 and 12, Concession 1 in the former Town of Bowmanville. - - 624 - .. REPORT NO.: PSD-038-04 PAGE 4 .. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES .. 3,1 The subject lands are flat, grass covered lands with low shrubs and trees. The lands are currently vacant. .. 3,2 Surroundinq Uses - North South East West Industrial, Goodyear Canada Bowmanville Creek and associated valley lands Residential, single detached dwellings; and Bowmanville Creek and associated valley lands and beyond that, residential. - - 4.0 BACKGROUND - 4.1 In April 1995, Council recommended to the Region of Durham Planning Department that draft approval be granted for a proposed draft plan of subdivision consisting of 123 units (40 single detached and 83 townhouses), a 2,12 ha (5.23 acre) future development block and buffer from lands owned by Goodyear Canada, a park and a 24.4 ha (60 acres) open space block. The Region of Durham issued Draft Approval in April 1995. .. - 4.2 In February 2001, the lands were sold and revisions to the plan were made which incorporated the abandoned CNR spur line serving Goodyear. The revised plan was subsequently draft approved in March 2002, for 154 units consisting of 46 lots for single detached dwellings, 9 lots for semi-detached (18 units) 18 blocks for 90 on- street townhouses, a future development block, a parkette, and a pedestrian linkage to an open space block. - - 4.3 The Zoning By-law to implement the Draft Approved Plan was approved in principle, however the by-law would only be forwarded for approval once the Bowmanville Creek valley lands were transferred to the Municipality of Clarington. The early dedication of the lands was agreed to by the applicant. The lands were dedicated on July 16, 2003. - - - 4.4 On July 14, 2003, Staff received applications to amend the Clarington Official Plan, Zoning By-law 84-63 and the Draft Approved Plan of Subdivision, 18T 93008. The revised proposal included 114 residential units consisting of 62 lots for single _ detached dwellings, 26 lots with 18 metre frontages for 52 semi-detached dwellings, a storm water management facility, water quality pond and a .56 hectare (1.38 acres) park. Since the proposed revision no longer includes townhouse blocks, a .. Clarington Official Plan amendment is required to remove the Medium Density Symbol. A zoning by-law amendment is required to implement the proposed Plan of Subdivision. .. - R?~ - REPORT NO.: PSD-038-04 PAGE 5 - 4.5 In December 2003, the applicant revised the proposed Plan of Subdivision to 103 single detached dwellings on 12 metre lots. The park block was reduced to 0.19 hectares (.46 acres), - - 4.6 The following chart illustrates the differences between the Draft Approved Plan of August 1995, the revision to the Draft Approved Plan of March 2002 and the current proposal. - TABLE 1 Draft Approval 1995 - 13,5 m frontage for single detached units, 12 m frontage for single detached units 11 m frontage for single detached units 10m frontage for single detached units Semi/Link detached units Townhouses 5 o 7 28 o 83 123 3,114 40.829 Revised Draft Approval 2002 15 o 28 3 18 90 154 4.142 37.939 Cu Propo o 103 o o o o 103 4.46 23,3 - - Total Units Net Residential land Area (ha) Net Residential Density (units per ha) - - 5.0 SUPPORTING DOCUMENTATION - 5.1 A Conceptual Grading and Servicing Plan were submitted to support the revised draft plan. The report is summarized below: - - . A small portion of the development area in the vicinity of Lots 20-26 (adjacent to the floodplain) is currently below the Regional flood elevation of 82.81 and minor filling will be required to elevate the lots above the Regional flood line. A cut and fill balance can be achieved in areas adjacent to the proposed lots to compensate for the loss of storage. - . A watermain currently exists on Hunt Street, which will be replaced by the Region of Durham with the re-construction of Hunt Street. - - . A sanitary sewer is located on Hunt Street that drains southerly to Baseline Road. The sewer is not deep enough to provide adequate service to the subject site in accordance with the Region of Durham requirements. An easement was contemplated through the Bowmanville Creek valley under the creek to connect it to the sanitary trunk sewer on Baseline Road. However, to avoid the installation of the trunk sewer through the creek valley, a more viable solution may be to lower the sanitary sewer in conjunction with the re-construction of Hunt Street to an elevation that can service the proposed subdivision. This will also require the - - 626 - .. REPORT NO.: PSD-038-04 PAGE 6 - construction of a new sewer in an easement from Baseline Road to the existing sewer along the north side of Highway 401, .. . Minor and major storm drainage systems can be accommodated by constructing storm sewers within the road allowances and eventually letting into Bowmanville Creek after flowing through the stormwater management facility. .. - . Stormwater management consists of an extended detention water quality pond to capture the "first flush" runoff that will be provided south of the Lots 19-24, and above the 100 year flood elevation. - 5.2 Revised Traffic Study .. A revised Traffic Impact Study was submitted based on the current proposal. It contemplated two access points into the site. It concluded that the overall trip generation is less than the Draft Approved Plan. The a.m. peak hour trip generation .. has been reduced from 90 trips to 80 trips, The p,m. peak hour trip generation has been reduced from 120 trips to 105 trips, .. 6.0 OFFICIAL PLAN POLICIES - 6.1 Durham Reqion Official Plan The Durham Regional Official Plan designates the subject lands as Living Area and Major Open Space with indications of Environmental Sensitive Areas, The predominant use of lands within the Living Area designations shall be for housing purposes. The predominant use of lands in the Major Open Space designation shall be for conservation, recreation and reforestation. The proposed uses conform to the Plan. - - - 6.2 Clarinqton Official Plan The Clarington Official Plan designates the subject lands as Environmental Protection, Urban Residential with a Medium Density, Neighbourhood Park. - The predominant use of land within the Urban Residential designation shall be for housing, The Medium Density category proposes a net density of 31-60 units per net residential hectare with the predominant housing form to include townhouses. The proposal does not include townhouses and therefore an amendment is required to delete the Medium Density Symbol. The subject site is located in the Memorial Neighbourhood with has a population allocation of 4000 and 1575 residential units, - .. - Environmental Protection Areas are the portions of the Bowmanville Creek valley still remaining with the plan of subdivision. These areas and their ecological functions are to be preserved and protected. . 627 .. - REPORT NO.: PSD-038-04 PAGE 7 - 7.0 ZONING BY-LAW - 7.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned (Holding) Urban Residential (R1) Zone, (Holding) Urban Residential Exception (R2- 6) Zone, (Holding) Urban Residential Exception (R2-7) zone and (Holding) Urban Residential Exception (R3-14) Zone. An amendment to the zoning by-law is required to implement the proposed revisions to the draft approved plan. - - 8.0 PUBLIC MEETING AND SUBMISSIONS - 8.1 No one spoke in opposition to the proposal at the statutory Public Meeting held on September 22, 2003. However, at the September 29, 2003 Council meeting, four area residents spoke in opposition to the proposal. Their concerns are summarized below: - - . Increase in traffic on local roads; . Duke, Hunt, and Nelson Streets are all very narrow streets; . One way in and one way out of the subdivision; . Difficult to turn onto Liberty Street due to traffic volumes; . Destruction of the natural park-like setting; . Effect on wildlife; . Flooding; . Ice accumulation on Baseline Road during the spring melt; . Erosion of the creek banks; . Hydro lines need to be replaced; and . Ontario Street Public School is full to capacity. - - - - 8.2 Council directed staff to meet with area residents to discuss the proposal. On December 9. 2003 staff hosted a Public Information Centre for area residents. Eight (8) area residents attended the meeting. Staff gave a brief history of the Draft Approved Plan and the current proposal. The development of the open space areas through the Valleys 2000 initiative was also presented. Staff addressed the concerns of the area residents presented to Council in September. - - - In general, the residents prefer the current proposal to the Draft Approved Plan because it proposes a reduction in the density and proposes single detached dwellings to townhouses and semi detached units. - The resident's concerns are addressed in Staffs comments discussed in Section 10 of this report. - - 628 - - REPORT NO.: PSD-038-04 PAGE 8 - 9.0 AGENCY COMMENTS - 9,1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies, - 9.2 The Clarington Emergency Services Department has requested a second access into the plan of subdivision through Albert Street. The street extension must comply with all Municipal and Ontario Regulations for the required access. - 9.3 Engineering Services Department reviewed the Amendment to the draft approved plan and requested that the previous conditions of draft approval still apply to the revised draft plan. Additional comments were also provided and are summarized below: - - . The Conceptual Grading and Servicing Report prepared by D.G. Biddle and Associates in support of the revised plan was reviewed and deemed satisfactory, The conceptual grading and servicing plan shows the proposed stormwater management facilities in Block 108 and on property currently owned by the municipality. Once the construction of the facility is completed to the satisfaction of the Municipality, Block 108 will be transferred to the municipality, - - .. The applicant must demonstrate that all blocks that are designated for stormwater management facilities have been adequately sized and configured to the ultimate need for the subdivision including the future development block. - . Revisions to the draft plan are required to eliminate the hammerhead turning circle proposed at the easterly limit of Street "C" in favour of a full intersection at Street "C" /Hunt Street/Albert Street. The intersection will serve as a second access to the subject development. The applicant will be required to construct an appropriate pedestrian access between Street "C" and Hunt Street. - - . The applicant must submit a plan drawing indicating that proposed entrance and driveway locations for all corner lots. The final plan is subject to the approval of the Director of Engineering Services. - .. . Development of the site requires the reconstruction of Hunt Street ,from Albert Street to Baseline Road, The development may proceed at such time as the Municipality has approved the 2004 Capital Budget and Four Year Forecast, which schedules reconstruction of Hunt Street from Nelson Street to Baseline Road, being Part "A" of the reconstruction project. The construction contract will include that portion of Hunt Street between Nelson Street and Albert Street, being Part "B", - - · The required improvements shall include any sidewalk improvements, stormwater improvement, and improvements to the intersection of Hunt Street - - ~?O - REPORT NO.: PSD-038-04 PAGE 9 - and Nelson Street and Street "A", The cost of Part "B" will be invoiced by the Municipality to the owner at the time of construction, The Municipality will reimburse the owner 50% of the cost of Part "B" in 2006, subject to Council's approval of the Capital Budget in 2006, - - · All works and services must be designed and constructed in accordance with the Municipality's Design Criteria and Standard Drawings, provisions of the Development Charges By-law and all applicable legislation. - - · Prior to issuance of any building permits for the subject development the applicant will be required to remove all of the rubble and building foundation remains from the open space lands. - . A registered Landscape Architect shall prepare a conceptual plan to show how Block 105 will develop in conjunction with the adjacent stormwater management facility and the valley lands. - 9.4 The Region of Durham has reviewed the proposed Clarington Official Plan amendment and the amendment to the Draft Approved Plan with respect to compliance with the Regional Official Plan, delegated provincial plan review responsibilities and the proposed method of servicing. - - With respect to Official Plan conformity, the amendment would appear to be permitted by the policies of the Durham Plan, although Section 10.2.4 also encourages higher densities where appropriate and promotes area official plans to maximize permissible densities for vacant land within urban area boundaries. - - A Phase 2 Environmental Site Assessment was submitted to ensure the site area appropriate for development. The report addresses the soil conditions at the abandoned rail line. The subject lands have been assessed as having a high archaeological potential due to the proximity of Bowmanville Creek. An archaeological assessment will be required as a condition of draft approval. - - Water supply and sanitary sewer services are available. Municipal water supply can be provided to the proposed development from the existing 400 mm diameter watermain or 150 mm diameter watermains on Hunt Street. The 400 mm diameter watermain runs along the abandoned railway spur, A 9.0 metre easement is required through portions of the development along the existing railway. Should Hunt Street be re-constructed, the existing watermains would need to be replaced due to structural and age deficiencies. Sanitary sewers are proposed with the Hunt Street road allowance and will require easement to connect to trunk sewer south of Baseline Road and Hunt Street. - - - The proposed amendment is exempt from Regional Approval. - 630 - .. REPORT NO.: PSD-038-04 PAGE 10 - 9,5 The Central Lake Ontario Conservation Authority reviewed the amendment to the Clarington Official Plan and the amendment to Draft Approved Plan of subdivision .. and requested that the previous conditions of draft approval be applied to the amendment to the draft approved plan. .. 9.6 The Peterborough Victoria Northumberland and Clarington Catholic District School Board stated that the Board is currently working towards designating a site for a new elementary school in Bowmanville ,to address the overcapacity at St. Elizabeth's Elementary School on Longworth Avenue, The Board had withheld its comments in order that the Board may be in a better position to assess the application and related implications. In a telephone conversation on March 10, 2004, a School Board representative indicated that a new elementary school site would be secured in the very near future and therefore offered no objection to the amendment draft plan of subdivision. ... .. IIIIiI: 9,7 The Kawartha Pine Ridge District School Board has no objection, ... 9,8 Veridian Connections has no objections. ... 1 0.0 STAFF COMMENTS 10,1 The applicant wishes to amend the existing Draft Approved Plan from 154 single/semi detached units and street townhouses to 103 single detached dwellings, resulting in an overall reduction of 51 units. The key changes are noted below: - ... . Lots front onto Hunt Street previously occupied by the CNR spur line; . The single sided road adjacent to the open space has been eliminated and _ replaced with lots for single detached dwelling, Openings are maintained at the end of each to provide visual and physical access to the valley; . Reduced length of roads; and ... . Townhouses and small lot singles have been replace with 12 metre single detached dwellings. - The proposed amendment to draft approved plan represents an infill development with the Memorial Neighbourhood of Bowmanville. The proposed form of development, being primarily single detached dwellings, is compatible with the existing residential community. The number of units has been reduced by 51 or 33%. The overall density has been reduced to low density. As such, a Clarington Official Plan Amendment is required to remove the Medium Density symbol. ... - 10.2 Erosion Control and Other Environmental Concerns .. The land area proposed for development is the same land area within the Draft Approved Plan. There is a small portion that is within the floodplain, The developer is required to undertake a cut and fill exercise to remove the lands from the ... 631 .. - REPORT NO.: PSD-038-04 PAGE 11 - floodplain. Approval from the Central Lake Ontario Conservation Authority is required prior to the commencement of these works, - Many of the comments and conditions with respect to erosion control and bank stabilization for the Bowmanville Creek are still applicable to the current proposal. As a condition of the early dedication of the valley lands to the Municipality, the developer retained an easement over the valley lands to undertake erosion control works, The approval from the Central Lake Ontario Conservation Authority and the Municipality of Clarington is required prior to the commencement of the works, The developer is responsible for 100% of the costs for the approved works. - - - The residents had concerns that the development would destroy the natural park like setting, and affect the wildlife. In 2003, the valley lands were dedicated to the Municipality for public open space purposes. These lands have an approved conceptual plan, which encourages passive recreational opportunities in a manner which is sensitive to the existing natural environment. These lands are part of the Bowmanville/Soper Creek open space corridor, which will provide for passive recreational opportunities, as well as corridors for the movement of wildlife, - - 10.3 Road Infrastructure and Traffic Improvements - . Road Construction - To facilitate development in this area, the reconstruction of Hunt Street from Albert Street to Baseline Road is required, The reconstruction will include new sanitary sewer facilities, water, storm sewer and sidewalks. It will take place in two phases, Part A from Nelson Street to Baseline Road has been included in the 2004 Capital Budget and Four Year Forecast which has yet to be approved by Council. The second phase, Part B, will be from Nelson Street to Albert Street. The construction will occur at one time. Since the current proposal has lots fronting onto Hunt Street between Nelson Street and Albert Street, the developer will be required to pay 50% of the reconstruction costs, The developer will pay 100% of the costs of Part B upfront, however will be reimbursed 50% of the costs in 2006 subject to Council's approval of the 2006 Capital Budget. - - - - Connecting Street "C" to Albert Street - In 2002, staff recommended draft approval of a plan which showed Street "C" connected to Albert Street. Council approved the plan with only an emergency access. In consideration of Council's position to provide for emergency access the current proposal does not show Street "C" as a thoroughfare to Albert Street. - - A single access at Nelson Street is not considered desirable for a development consisting of 1 03 residential units. The Clarington Engineering Services Department has requested the connection be made to distribute the traffic throughout the area, A barricade will be required at the access which makes winter maintenance difficult. The Emergency Services Department has requested the connection from a - 632 - .. REPORT NO.: PSD-038-04 PAGE 12 - fire/emergency services perspective. Finally, providing only one access is not consistent with the policies of the Clarington Official Plan, which encourages the development of a connective grid road network wherever possible. .. At the December 8,2003 Public Information Centre, the residents who attended the meeting requested that Street "e" be connected to Albert Street. The residents felt it would help disburse traffic through the neighbourhood and would provide access in case of an emergency. .. .. If Council deems it desirable to have Street "C" connect to Albert Street, then the proposed draft plan would be redlined to show the connection and an additional condition will be added to the Conditions of Draft Approval to ensure the connection is built to municipal standards. .. .. Liberty Street Improvements .. The residents had concerns with the effect of increased traffic on Liberty Street. The Durham Transportation Master Plan shows Liberty Street will be widened to 3 to 5 lanes within the next twenty years, .. 10.4 Parkland Dedication .. Parkland dedication based on 5% of the site area is to.4395 ha (1.08 acres). The parkland shown on the current proposal is 0.19 ha (.46 acres), Where parkland is less than the required 5%, the balance can be provided as a cash contribution. .. Blocks 104, 106 and 107, totaling 0,32 ha (.79 acres) have been dedicated as access to the valleyland open space. Given that, the developer dedicated the valley lands through the previously approved draft plan, Staff are satisfied with the 0.19 ha - (.46 acres) provided in the current plan and have not requested an additional cash contribution. ... 10,5 Separation Between Incompatible Uses Block 110 is proposed to be conveyed to Goodyear Canada, which was agreed to by the previous owner and is consistent with the Draft Approved Plan. The conveyance of these lands provides a buffer between Goodyear's reclaimed rubber plant and proposed residential development. The buffer is required by the Ministry of Environment guidelines for separation distances between industrial facilities and other sensitive uses, such as residential uses, The separation distance in this case is 150 metres from the property boundary and would allow the development of Block 109 for residential purposes some time in the future. - .. .. 10.6 Other Concerns of the Area Residents - Residents had a number of concerns identified in Section 8. The concerns, related to erosion control and other environmental concerns, road reconstruction and traffic, have been addressed. The remaining concerns are discussed below: .. 633 .. - REPORT NO.: PSD-038-04 PAGE 13 - Hydro Service - Veridian has indicated that a new substation was installed at Spry Avenue and Baseline Road in 2002/2003, This new facility has the ability to service the entire area. - Overcrowding at Ontario Street Public School - The subject property is within the catchment area for Ontario Street Public School and is over crowded. However, the school is a 100% French Immersion Elementary school and accepts students from locations all over Clarington. For the students in the English curriculum the school for this catchment area is Central Public School, which is not over capacity. - 10.7 Finance Department advises that there are no taxes owing on the subject lands, - 11.0 CONCLUSIONS - - 11,1 Prior to scheduling, a recommendation report to Committee and Council on a draft plan of subdivision application a list of the proposed conditions of draft approval are submitted to the applicant for their review and concurrence with same, The purpose of this exercise is to determine if there are any conditions of draft approval that the applicant does not agree with and that they be identified for further discussion purposes. - - In this particular instance, concurrence to the conditions of draft approval was not provided by the applicant as they indicated they were not in agreement with Condition No, 31 requiring the developer to pay 50% of the reconstruction of Hunt Street from Nelson Street to Albert Street. - .. Agreement on this matter between staff and the applicant could not be reached. It is Staffs position the developer is responsible for half the cost of the reconstruction of this section of Hunt Street in view of the fact that seventeen (17) lots will have frontage on this portion of Hunt Street. This report is forwarded for Committee and Council's deliberation with the conditions of draft approval as drafted by Staff. - 11.2 In consideration of the comments received from circulated agencies and review of _ the proposal, staff recommend: - . Amending the Official Plan Amendment to delete a Medium Density symbol; . Approval of the Draft Approved Plan of Subdivision 1BT-9300B, as redlined on Attachment 3, subject to the conditions contained in Attachment 4; and . Rezoning the subject lands within the plan of subdivision. - - 634 - REPORT NO.: PSD-038-04 - PAGE 14 - Attachments: Attachment 1 - Location Map Attachment 2 - Amendment No, 38 to the Clarington Official Plan Attachment 3 - Plan of Subdivision 18T-93008 as redlined Attachment 4 - Conditions of Draft Approval Attachment 5 - Zoning By-law Amendment Attachment 6 - By-law to Approve the Official Plan Amendment Interested parties to be notified of Council and Committee's decision: Mr. W. Goldlust 1389877 Ontario Limited 26 Truman Road Toronto, ON M5L 2L5 Ellen Cowan 69 Concession Street West Bowmanville, ON L 1 C 1 Y2 Mr. Anthony Biglieri The Biglieri Group 28 Bellefair Avenue Toronto, ON M4L 3T8 Mavis Carlton 119 Cove Road Bowmanville, ON L 1 C 3K3 Mr, Bob Turner 68 Duke Street Bowmanville, ON L 1 C 2V6 UD&D Incorporated 51 Oak Avenue Richmond Hill, ON L4C 6R5 Mr. Rob Andrew 66 Duke Street Bowmanville, ON L 1 C 2V6 John Willoughby 3 Spry Avenue Bowmanville, ON L 1 C 3T3 Ms. Nancy Armstrong Ms. Heather Armstrong 68 Duke Street Bowmanville ON L 1 C 2V6 635 - ... - - - ... - - - - .. - - ... ... .. - ATTACHMENT 1 - - PART 6, PLAN"OR 21286 ?\..f>-~ - - \ /- -;:::/ / / / / ~ Y / / / / - - - - - - - - - - Bowmanville Key Map - ZBA 2003-029 Zoning By-law Amendment - - COP(A) 2003-006 Clarington Official Plan Amendment Owner: Wilf Goldlust 1389877 Ontario Inc. - 636 - .. ATTACHMENT 2 AMENDMENT NO. 38 TO THE CLARINGTON OFFICIAL PLAN - .. PURPOSE: The purpose of this amendment to the Clarington Official Plan is to delete the "M" Symbol as shown on Map A3 to the Clarington Official Plan to permit low density residential development. - - LOCATION: The subject site is bounded by Spry Avenue to the west, Baseline Road to the south, Hunt Street to the east and Goodyear Canada to the north. The subject site is legally described as Part of Lots 11 and 12, Concession 1, former Town of Bowmanville, now in the Municipality of Clarington. - ... BASIS: The proposed change will permit the development for a proposed amendment to a draft plan of subdivision (18T-93008) as submitted by 1389877 Ontario Limited. The amendment will allow for the development of 103 single detached residential units within the Bowmanville Urban Area. .. - ACTUAL AMENDMENT: - The Clarington Official Plan is hereby amended by amending Map A3, as indicated on Exhibit "A" attached to this Amendment. - IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this Amendment. - - INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the plan shall apply to this Amendment. - - - - .. 637 - - EXHIBIT "A" AMENDMENT No. 38 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA CONCESSION - @ . .. - - - - - . - .@ @ - - - - @ - - . @ @~ - - - - 638 - .. An 'Jt T ! : , ~ i /t/~ , PART 2, PLAN ~OR 14289;;9(' /<.:':;.f' I ..... I ! PART 7, PLAN ~OR - 21286 &' ! -------------------------J-_____________________________,.....::::::' ..,; .. I , ~.... I ~ T \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , , \ , , , \ , , I 1 , 1 , , I , 1 , \ , , , \ , \ , I , , , , I , I I I I I I I I I I I \ , , \ , \ \ \ , , 9;~\ ~i\ '\ ~ \,.~ \ ~~~ \ ,. \ PART 6 ,PLAN 40R - 21286 L.w08 'T~ 110 O.~~ T ~\..f>-~ T ~/~ /....~... /.- T /- ,.1...../.. ~~ -'~....................~....... T ....',........~... ~~ ~..~' ~././- r ~/ ~~ /~ ./ r / // ~/........ r --- r ~/ ...~"'/... <<J. ~ r /~ - - - - .. PROPOSED AMENDMENT TO DRAFT PLAN OF SUBDIVISION 18-93008 - pqn - - - - - - - - - - - - - - - 7. - - 8. - - ATTACHMENT 4 CONDITIONS OF DRAFT APPROVAL Revised Draft Plan of Subdivision 1ST 93008 1389877 Ontario Limited, Part Lot 11 and 12, Concession 1, Former Town of Bowmanville Dated: March 29, 2004 The revised Conditions of Draft Approval for Plan of Subdivision 18T 93008, approved April 12, 2002 being numbers 1 to 45, are hereby deleted in their entirety and replaced with the following conditions: 1. The Owner shall have the final plan prepared on the basis of Approved Draft Plan of Subdivision 18T 93008 prepared by Biddle and Associates identified as job number 103030, dated March 18,2004, which illustrates 103 single detached dwellings, a Park Block, three Open Space Blocks, a future Development Block, a 2.0 metre road widening, a 3.0 metre temporary easement, a 0.3 metre reserve Block, Stormwater Management facilities and roads. 2. The Owner shall convey Block 105, to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 3. The Owner shall convey gratuitously free and clear of all encumbrances Blocks 104, 106, 107 and 108 for open space purposes. 4. The Owner shall convey Block 111, a 2.0 metre road widening along the west side of Hunt Street between Albert Street and Nelson Street to the Municipality of Clarington for the purposes of widening Hunt Street. 5. The Owner shall convey Block 112, being a 0.3 metre reserve around the temporary turning circle identified in Block 109 to the Municipality of Clarington. 6. The Owner acknowledges that no development will be permitted on Block 109 until such time as the Owner has entered into a development agreement with the Municipality which incorporates the extension of Street A or the construction of a cul-de-sac built in compliance with the Municipality's Design Standards at the northerly limit of Street A. The type of road extension that will ultimately be required shall be determined soley at the discretion of the Municipality. The Owner of Block 109 will be responsible for 100% of the cost, financial and otherwise with any future road extension or cul-de-sac construction. The Owner shall provide the Municipality with 3.0 metre wide snow storage easements adjacent to all temporary turning circles. The Owner shall provide all required easements free and clear of any encumbrances and in a form satisfactory to the Municipality's solicitor. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 640 - 9. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 10. The lands within the Plan of Subdivision shall be appropriately zoned in accordance with the Municipality of Clarington Zoning By-law to implement the proposed development. 11. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the satisfaction of the Municipality of Clarington. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 12. The Owner shall retain a qualified engineer to demonstrate that all portions of the subdivision except the open space Block 107 will be located outside the floodplain. The required report must indicate all of the areas where the floodplain will be modified or altered. The required report is subject to the approval of the Central Lake Ontario Conservation Authority and the Director of Engineering Services. - - - - - IIIIiIlI 13. The Owner shall retain a registered Ontario Landscape Architect (OLA) to prepare and submit a detailed conceptual plan with grades for Block 105, which also shows the relationship to Blocks 107 & 108. The plan shall ensure that the area has a useable park area, with features that are aesthetically pleasing and complement the abutting valley lands and Street A, and that are safe for public use, all to the satisfaction of the Municipality of Clarington. IIIIiIlI - - 14. The study entitled "Lower Bowmanville Creek Preliminary Bank Stabilization Measures" shall be updated by the Owner to reflect the current conditions of the Bowmanville Creek prior to final approval. The study shall also be revised to include the Recommendations contained in the "Slope Stability Assessment" study dated September 1994, by Peto McCallum Ltd., all to the satisfaction of the Municipality of Clarington. 15. The Owner shall retain a professional engineer to prepare an Engineering Report, which demonstrates that erosion control and stream bank stabilization measures identified in the reports identified in Draft Condition No. 14 can be implemented for this revised plan to the satisfaction of the Municipality of Clarington and Central Lake Ontario Conservation Authority. - - - - 16. The Owner shall be responsible for 100% of the costs, financial or otherwise for the identified erosions control and stream bank stabilization measures on Part 4, 40R- 21286 that are deemed necessary by the Central Lake Ontario Conservation Authority and the Director of Engineering Services prior to the issuance of the first building permit. - - 17. The Owner shall be retain a qualified consultant to prepare and submit a detailed Tree Preservation Plan to the satisfaction of the Municipality of Clarington. - 18. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. .. 641 - - - 19. The Owner shall submit plans showing the proposed phasing to the Region and Municipality for review and approval if this subdivision is to be developed by more than one registration. - 20. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law, as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charges Act is any are required to be paid by the Owner. - - 21. The Owner shall provide and install sidewalks, streetlights, temporary turning circles, signage etc. as per the Municipality's standards and criteria. - 22. The Owner shall cause all utilities, including hydro, telephone, cable TV, etc. to be buried underground. - 23. The Owner shall assume all the costs for proVIsion, installation and location of community mailboxes to service this development, in a manner satisfactory to the Director of Engineering Services. - 24. The applicant must enter into a Subdivision Agreement with the Municipality of Clarington and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement; including, but not limited to the requirements that follow. - 25. The Owner shall provide the Municipality, at the time of execution of the Subdivision Agreement, an unconditional and irrevocable Letter of Credit acceptable to the - Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. - 26. The Owner agrees that prior to issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building - Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per - Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. - 27. No building permit shall be issued for the construction of any building on any residential lot on said plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. - - 28. The Owner shall be 10,0% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the costs for the "Municipality's Control Architect"to review and approve all proposed models to the satisfaction of the Director of Planning Services. - 29. No residential units shall be offered for sale to the public on said plan until such time as the exterior architectural design as noted in Condition No. 28 of each building has been approved by the Director of Planning Services. - 642 - .... .. 30. The development requires the reconstruction of Hunt Street from Baseline Road to Albert Street. The development may not proceed until such time that the municipality .. has approved the 2004 Capital Budget and Four Year Forecast. Provision must be made in the 2004 budget for the reconstruction of Hunt Street from Baseline Road to Nelson Street - Part "A" of the reconstruction project. Additionally, the construction .... contract will include Part "B:, the reconstruction of Hunt Street from Nelson Street to Albert Street including any improvements to the intersection of Hunt Street and Nelson Street/Street "A", stormwater improvements and sidewalk improvements deemed .. necessary by the Director of Engineering Services. 31. The cost of Part "B" will be invoiced by the Municipality to the Owner at the time of _ construction. The Municipality will reimburse the owner 50% of the cost of Part "B" in 2006, subject to Council's approval in 2006. - 32. The Owner shall carry out a cultural heritage resource assessment of the development areas of the subject property and any portion of land on Part 4, 40R-21286 which may be disturbed as a result of the erosion control and back stabilization measures to be undertaken in accordance with Draft Conditions 14 and 15. The Owner shall undertake mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and Operation Group of the Ministry of Culture Tourism and Recreation. No grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from the Regulatory and Operations Group of Culture, Tourism and Recreation. 33. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington and the Central Lake Ontario Conservation Authority for reports describing the following; a) The intended means of conveying storm water flow from the site, including use of storm water techniques which are appropriate and in accordance with the provincial "Urban Drainage and Design Guidelines", April 1987, and "Interim Stormwater Quality Control Guidelines for New Development, May 1991. .... .. - - .... - b) The anticipated impact of the development on water quality, as it relates to fish and wildlife once adequate protective measures have been taken; - c) The means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial " Guidelines on Erosion and Sediment Control for Urban Construction Sites" and the Technical Guidelines -Erosion and Sediment Control." The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act. - - - d) Site soil conditions, including grain size distribution profiles; and e) Site grading plans. .. 643 - - - 34. The Owner shall submit detailed plans regarding alterations to the watercourse to the Central Lake Ontario Conservation Authority and the Municipality of Clarington Engineering Services Department. Any proposed alterations require an application under the Lakes and Rivers Improvements Act for review and approval by the Authority. Three copies of the detailed plans are to be submitted in conjunction with the requirements of Draft Condition 34. - - 35. Prior to any grading, including the rough grading of roads, or any works abutting or in the channel of the Bowmanville Creek, or prior to final approval of this play, the Owner shall obtain the Central Lake Ontario Conservation Authority's written approval of the following: - - a) The erosion and sedimentation controls to be implemented during the grading phase of development; - b) A geotechnical and biological assessment of existing and potential creek channel and valley wall erosion and instability, including areas of the proposed water quality treatment pond, which denotes those areas which require restoration to maintain/enhance slope stability and/or the physical and biological integrity of the riverine ecosystem, the means intended to achieve the desired rehabilitation, and the means intended to satisfy Authority requirements for setbacks from the valley top of bank. Revisions to the draft plan may be required to implement the recommendation of the approved creek channel and valley wall stability report and/or setback requirements; and - - - c) Plans which portray minor and major storm flow routing within the plan, which take all external drainage areas into account, and the locations of the storm outfall pipe/channel within the creek valley the storm outfall and the related creek/valley erosion protection works. - 36. Prior to final approval, the Owner shall obtain Central Lake Ontario Conservation - approval of the staking in the field and plotting on a copy of the subject draft plan of subdivision, the stable-slope line intercept with tableland which will result from the intended re-grading and protection of erosion-prone areas of the valley wall, the western - boundary of Blocks 104, 105, 106, 109 and 110 and Lots 1 to 26, and the western and southern boundaries of "Street A". - 37. Prior to final approval, the Owner shall provide the Central Lake Ontario Conservation Authority with written verification through an engineering report prepared by qualified engineer that: - - i) With the exception of Blocks 109 and 110 all portions of lots/blocks intended for development and Street "A" have been raised and appropriately compacted to at least the elevation of 83.33 metres, referenced to Central Lake Ontario Conservation f100dline mapping, and that fill removal required by the Central Lake Ontario Conservation Authority to offset filling within the floodplain within the plan has been completed, and relevant areas stabilized and protected from erosion; and - - 644 - 39. 40. 41. 42. - - ii) No basements in any future buildings on the site will be prone to flooding as a result of surcharging of the storm sewer system under regional storm conditions. .... 38. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan, which are required to service other developments external to this subdivision. Such sanitary sewers and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. .... - - .' The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. This subdivision agreement shall address improvement works to roads and sidewalks necessary to facilitate this development including matters such as the reconstruction of Hunt Street from Baseline Road to Albert Street including intersection, stormwater and sid~walk improvements. - - - Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply capacities are available to the proposed subdivision. - The Owner shall satisfy all requirements financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. - .... The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: - a) The Owner agrees to carry out, or cause to be carried out, site grading, sedimentation control, and creek channel and valley slope rehabilitation to the satisfaction of Central Lake Ontario Conservation Authority; .... b) The Owner agrees that no filling, grading or alteration to the watercourses shall occur on the property without the prior written approval of Central Lake Ontario Conservation. - .... c) The Owner agrees that Blocks 109 and 110 shall be developed in accordance with a site plan(s) acceptable to Central Lake Ontario Conservation, which indicates existing and proposed grades, erosion control, setbacks from the. valley top of bank; the location of all buildings and structures and vegetation; - d) The Owner agrees that, prior to the issuance of a building permit for any of Lots 1 to 26 inclusive, the Municipality shall be in receipt of written verification from ... .... P..I... - - Central Lake Ontario Conservation that it has received written confirmation from a qualified engineer that the lot areas have been rough graded to at least the elevation of 83.33 metres, referenced to Central Lake Ontario Conservation f100dline mapping; - e) The Owner agrees to carry out the works referred to in Conditions 34 to 37 to the satisfaction of the Central Lake Ontario Conservation Authority; - - f) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority; and - g) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. - 43. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: - a) The Regional Planning Department, how Conditions 9, 18. 19, 38, and 41 have been satisfied; - b) The Ministry of Culture, Tourism & Recreation, how Condition 32, has been satisfied; - c) Central Lake Ontario Conservation Authority, how Conditions 14, 15, 16, 33, 34, 35,36,37 and 42 have been satisfied. - 44. That the Owner supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as Draft Approved. - NOTES TO DRAFT APPROVAL - 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. - - 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. - - 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. - 646 - - 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: - - i) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario L 1 H 3T 3 (905) 579-0411 - ii) Region of Durham Works Department, 105 Consumers Drive, Whitby Ontario L 1 N 6A2 (905) 668-7721 - jji) Ministry of Culture, 400 University Avenue, 4th Floor, Toronto, Ontario, M7A 2R9. - - - - - - - - - - - - - 647 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- ATTACHMENT 5 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 proposed draft Plan of Subdivision 18T - 93008 "- 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 "Environmental Protection (EP) Zone"; "Holding-Urban Residential Type One ((H) R1) Zone" to "General Industrial Exception (M2-1) Zone"; "Holding -Urban Residential Type One ((H) R1) Zone" to " Holding-Urban Residential Type Two ((H) R2) Zone"; "Holding -Urban Residential Exception ((H) R2-6 Zone" to U Urban Residential Type Two (R2) Zone"; "Holding - Urban Residential Exception ((H)R 2-7) Zone" to "Urban Residential Type Two (R2) Zone; "Holding - Urban Residential Exception ((H) R3-14) Zone" to" Urban Residential Type Two ((R2) Zone; "General Industrial Exception (M2-1) Zone" to "Holding - Urban Residential Type Two ((H) R2) Zone; and "General Industrial Exception (M2-1) Zone" to" Urban Residential Type Two ((R2) Zone. - - - 2. Schedule "An attached hereto shall form part of this By-law. - 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. - BY-LAW read a first time this day of 2004 - BY-LAW read a second time this day of 2004 - BY-LAW read a third time and finally passed this day of 2004 - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - 648 .. This is Schedule" A" to By-law 2004- passed this day of , 2004 A.D. , . . !::r-!/ / / \ '" ~ " 'II, ~R' x:: .JIIl; -.-'YlI,'1 , I . CFLR.. ,. ,,^'Vj~ :"':~.J / ' / /. , / Tl. "t 'iff: / .' 'v ...-.: 1=t rv ~ '7/;'::;:'i. ,,_-_ .... /. . ' / ~ (n. :p. },';' / ""... /( / . ~~-- v. y / ":t v'. I:~ II 'A~..~ ~fI ",:--~ / .... . ~ / "~09~ }\ -; .r~~ -A --:!4" "'-/ ...., / v' . ~\r'Xr.) ~ .-r 1.~ ,) :iO: ..../ ~tL IN,,;.VJ 1Ji7~" / '\. ~~ <: '0,. .F~ ^ / \'\r ~,. Q8;YJ /Il'~ '-j.J 60 / ~ ~~ ... 'y ~~~ J ~~ '> 'I.~/ ~J ~ ~ ~ "'..- ~</'.... ~ ~ ^,i~~~~~~J r' / '>- ~ /..... /( "'b ~ 7j')')'J /) -I (h Y / -~" "'-/.... 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IAOBJOE ""'" - ~'~'::":::::'l Zoning Change From "(H)R1" To "EP" ~ Zoning Change From "(H)R2-S" To 'nR2" ~ Zoning Change From "(H)R1" To "M2-1" ITJIII Zoning Change From "(H)R2-7" To "R2" ~ Zoning Change From "(H)R1" To "(H)R2" EZZZJ Zoning Change From "(H)R3-14" To "R2" ~ Zoning Change From "M2-1" To "(H)R2" 1------1 Zoning Change From "M2-1" To "R2" - - .. John Mutton, Moyor Patti L. Barrie. Municipal Clerk BOWMANVILLE 4 6t~ - - Cl!J!.mgtnn REPORT - ENGINEERING SERVICES DEPARTMENT - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2004 Resolution #: - Report #: EGD-12-04 By-law #: File#: - Subject: EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH DEPARTMENT TO DELEGATE RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS - - Recommendations: - 1. THAT report EGD-12-04 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the agreement with the Regional Municipality of Durham attached to Report EGD-12-04 , for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; and - - 3, THAT Council approve the by-law attached to Report EGD-12-04 to confirm its decision to enter into an agreement with the Regional Municipality of Durham; and - - 4, THAT a copy of this report, Council's resolution and the by-law be forwarded to the Regional Municipality of Durham. - - Submitted by: AS. Cannella, C.E.T. Director of Engineering Services jJ(f1n~--- "- Reviewed bCJ~ 1u7t Franklin Wu Chief Administrative Officer - - ASC*RP*jb March 19, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830 - 701 - Report No.: EGD-12-04 Page 2 1.0 BACKGROUND 1.1 On March 31,2001, the Municipality of Clarington entered into an agreement with the Region of Durham Health Department for the purpose of delegating to the Region the responsibility for the administration and enforcement of small capaCity. sewage systems (up to 10,000 litres per day) in the Municipality of Clarington. This agreement is valid for a period of 3 years and expires on March 31,2004. .. ... ... .. ... .... 1.2 Staff would like to delegate the responsibility of administration and enforcement with respect to small sewage systems, to the Region of Durham for an additional lIlIiII period of three (3) years. 2.0 REVIEW AND COMMENTS 2.1 The Durham Region Health Department has been responsible for the enforcement of all sewage systems and issuing of permits in the Municipality of Clarington for the past 3 years. The Health Inspector operates three (3) days per week, for one (1) hour each day, out of the Municipal Administration Building, answering inquiries and accepting and issuing septic permits. 2.2 Staff has had ongoing discussions with the Region of Durham and we are of the opinion that they should continue with the administration and enforcement of sewage systems through the Health Department. 3.0 AGENCY & PUBLIC COMMENTS 3.1 The Durham Region Health Department has drafted an agreement which will allow them to continue the enforcement of small sewer systems. The agreement covers a period of three (3) years commencing April 1, 2004 and ending March 31, 2007. It should be noted that any party may terminate the agreement for any reason upon giving 180 days prior written notice to the other party. The agreement also allows the Region to prescribe fees for sewage system applications and other services that reflect the actual costs of administering the program. Staff has reviewed the agreement and is satisfied it represents the interests of the Municipality of Clarington. .... ^ on. ... ... ... .... , ... - - ... .. IIIIIl ... ... - Report No.: EGD-12-04 Page 3 - 3.2 The attached by-law is necessary to confirm Council's decision to extend the transfer of authority for small capacity sewage systems to the Regional Municipality of Durham for an additional three (3) year period. - - - Attachments: - Attachment 1 - Attachment 2 Sewage System Management Agreement Proposed by-law - - - - - - - - - - - - 703 - .. ATTACHMENT NO,: 1 REPORT NO,: EGD-12-04 - - 1 - SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the day of ,2004 ... BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM ... - and - ... THE CORPORATION OF The Municipality of Clarington ... WHEREAS the Region and the Municipality entered into an agreement, dated , 2001 (expiring March 31, 2004), for the purpose of delegating to the Region the enforcement of certain responsibilities under the Building Code Act, 1992,8,0.1992, c, 23, as amended (the "Act") and Building Code made thereunder relating to Sewage Systems, pursuant to subsection 32.1 (1) of the Act; ... AND WHEREAS the parties are desirous of executing a renewal agreement for a further three (3) year term; - NOW THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: ... ARTICLE ONE APPLICATION - Section 1,01 - Application This Agreement shall be applicable to all lands where no municipal sewers are available in the Municipality (the "Lands"), - Section 1,02 - Duties The Health Department shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement and any other legislation contemplated hereunder, .. ARTICLE TWO - DEFINITIONS Section 2,01 - Definitions - In this Agreement, (i) "Sewage System" means any works for the collection, transmission, treatment and disposal of sewage or any part of such works to which the Act applies with a design capacity of 10,000 litres per day or less; - (ii) "Inspector" means an inspector appointed under subsection 32.1 (3) of the Act; .. (iii) "Building Code" means Regulation 403/97 made under the Act. ARTICLE THREE .. SERVICES OF THE HEALTH DEPARTMENT Section 3,01 - Services .. The Health Department shall provide the following services in relation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance. where no municipal sewage services are proposed, to ensure that each lot will be ... --'-/' - - - - - - .. - - - - - - (xiv) - (xv) (xvi) - - - - - - 2 - suitable for the installation of a Sewage System; (ii) Inspect properties prior to the issuance of a permit under the Act or Building Code for the construction, installation, establishment, enlargement. extension or alteration of a Sewage System; (iii) Issue permits under the Act and Building Code relating to Sewage Systems; (iv) Following the issuance of a permit under the Act or Building Code, inspect and re-inspect. when necessary, Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (v) Carry out land inspections to determine the acceptability of applications for minor variances or lot line adjustments as they relate to existing and proposed Sewage Systems and review official plans and zoning by-laws and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (vi) Receive and process applications .and requests related to activities listed in paragraphs (i) through (v) of this section; (vii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (viii) Review planning documents including but not limited to subdivision proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (ix) Attend meetings of Municipal Council and their committees to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (x) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement; (xi) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3,01 (x); (xii) Consult with various groups regarding compliance with provisions of the Act and the Building Code relating to Sewage Systems; (xiii) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R,S,O. 1990, c. M56, as amended, or through any other legal channel; Investigate complaints and malfunctioning Sewage Systems. undertake compliance counselling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; Issue orders under the Act relating to Sewage Systems; Prepare documentation necessary for prosecution activities relating to Sewage Systems under the Act and the Building Code, Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O, 1990,c, P.33. (xvii) Provide all forms necessary for the administration of this Agreement; (xviii) Provide any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems, (xix) Attendance at hearings of the Ontario Municipal Board, and other tribunals, as required. 705 IlllI .. - 3 - ARTICLE FOUR .. FEES Section 4.01 - Collection of Fees .. The Regional Council agrees to pass an amending by-law requiring the payment of fees on applications for and issuance of permits and other services as set out in Schedule "An, The fees will be collected by the Health Department at the time of the application, In the alternative, the Municipality shall collect the fees on behalf of the Region and remit the fees collected to the Region on the last business day of every month, .. Section 4.02 - Collection of Fee Schedule - The Regional Council shall have the sole discretion, acting reasonably, to further amend the fees as set out in Schedule A from time to time, Section 4,03 - Surplus Proceeds .." If the revenues collected exceed the expenditures for the services provided under this Agreement, the surplus shall be applied to a reserve fund and utilized by the Health Department to offset any deficits incurred. .. ARTICLE FIVE INSPECTORS .. Section 5,01 - Qualifications of Inspectors The Municipality agrees that only Health Department personnel meeting the following qualifications shall be employed as an Inspector for the purposes of this Agreement: , .JIll (a) a person to be employed as a full time certified Public Health Inspector; and .. (b) a person who has graduated in Ontario from Ryerson Polytechnical University in Public Health Inspection or Environmental Health Program or from a university in a course in Engineering or Environmental Sciences; and - (c) a person qualified as a sewage systems inspector prescribed by the Ontario Building Code, Section 5,02 - Appointment of Inspectors .. The Regional Council shall be responsible for the appointment of all Inspectors for the purposes of this Agreement pursuant to subsection 32,1 (3) of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature, or reasonable facsimile, of each inspector appointed by the Regional Council. .. ARTICLE SIX .. INDEMNIFICATION AND INSURANCE Section 6,01 - Indemnification ., The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the activities of the Health Department in executing the work under this Agreement, provided such claims are caused by errors, negligent acts or omissions of the Health Department employees appointed pursuant to this Agreement (including authorized agents and contractors for whom the Region is in law responsible), and expressly excluding any claims, demands, losses, costs, damages, actions, suits or proceedings attributable, in whole or in part, to the errors, negligent acts or omissions of the Municipality (including authorized agents and contractors for whom the Municipality is in law responsible). .. .. ;", - "AI.:; - - 4 - - Section 6.02 - Insurance - For the term of this Agreement, the Region will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, set out in Schedule 8, ARTICLE SEVEN - TERM AND TERMINATION - Section 7.01 - Term This Agreement shall continue in force for a period of three years commencing April 1, 2004 and ending March 31, 2007, - Section 7.02 - Termination The Municipality may terminate this Agreement on 180 days written notice if the Health Department does not: ... (a) adhere to the provisions of the Act and Regulations; or (b) exercise any discretionary powers of an approval authority, acting reasonably, in the public interest; - and the Health Department has not taken steps satisfactory to the Municipality within the 180- day period to remedy the matter complained of in the written notice. - Section 7,03 - General Termination Either party may terminate this Agreement with not less than 180 days notice, - ARTICLE EIGHT - MISCELLANEOUS Section 8,01 - Preamble - The preamble hereto shall be deemed to form an integral part hereof, Section 8,02 - Gender - Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masculine gender shall include the feminine and neuter genders, - Section 8,03 - Amendments .. This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein, Section 8.04 - Assianment - This Agreement shall not be assignable by either party hereto without the consent of the other party being first obtained, Section 8,05 - Notices - Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: - 707 - .. - 5 - ... (a) To the Health Department: The Regional Municipality of Durham Health Department 1615 Dundas Street East, Suite 210 Whitby, Ontario L 1 N 2L 1 ... ... Attention: Medical Officer of Health (b) To the Municipality: - Attention: Any notice, report or other written communication, if delivered, shall be deemed to have been ... given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service, in which .... case service shall be by way of delivery only), Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this section 8.05, Section 8,06 - Headinas ... The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. ." Section 8.07 - Bindina Effect and Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, executors, administrators and successors (including successors brought about by municipal reorganization or restructuring), and to the extent permitted hereunder, their permitted assigns, ' - Section 8,08 - Waiver .... No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing, No waiver made with respect to any instance involving the exercise of any other instance will be deemed to be a waiver with respect to any other instance involving the exercise of the right of with respect to any other such right. ... Section 8.09 - Governina Law The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. WIllI IN WITNESS WHEREOF the parties have executed this Agreement. WIlli THE REGIONAL MUNICIPALITY OF DURHAM Per: ... Roger Anderson, Regional Chair Per: P.M. Madill, Regional Clerk ., MUNICIPALITY Per: I11III . J. Mutton, Mayor Per: . p, L. Barrie, Clerk ... .. "'no - - 6- - SCHEDULE "A" USER FEES SCHEDULE: - - ACTIVITIES 2004 USER FEES OBC Activities Sinole Familv Dwellino Building Permit for a Private Sewage a) Sfd: :S232m2 (2,500 ft2) -$ 500,00 System b) Sfd:>232 m2 (2.500 ft2) -$ 700,00 (previously known as Certificate of Approval under EPA) Non-Residential/Institution a) :54,500 Uday -$ 500,00 b) > 4,500 - 10,000 Uday -$1000.00 Larae (Commercial/Industria/) a) >4,500 - 10,000 Uday -$1,600,00 Building Permit for septic tank - $ 200.00 replacement only Building Additions - $150,00 (site assessment) - $25,00 (office assessment) Bldg, Permit for sewage system - $ 25.00 (per application) Extensions (1 year) Region Activities Mortgage / Property Assessments - $ 200,00 . Lot Consents - $ 300,00 (per application- 2 lots assessment) Draft Plans of Subdivision (new) - $ 200.00 (per lot creation) Draft Plans of Subdivision that had - $ 200.00 (per lot creation) not received draft approval & application processed prior to 1998 requiring reassessment Draft Plans of Subdivision that had - $ 100,00 (per/ot creation) received draft plan approval & application processed prior to 1998 (note: subdivision assessment involves geo-technical requiring reassessment & hydro-geological reviews) Rezonings, OPAs, Minor Variances, - $ 150.00 (per application) Site-servicing Plans Cemetery Assessments - $ 10,00 (per plot) Lawyers' Letters - $ 125.00 (per application) - - - .. - - - - .. - - - - - 709 - .. - 7 - .. SCHEDULE "B" - The Region shall maintain in full force an~ effect during the term of this Agreement a policy of comprehensive general liability insurance providing coverage for a limit of not less than two million ($2,000,000.00) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement. " .. ... .. .. .. .. .. .." .. .. \IIIf .. ... .. .. 710 .. - ATTACHMENT NO,: 2 REPORT NO,: EGD-12-04 - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- - - Being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems. - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - 1, THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington, - 2. THAT this agreement attached hereto as "Schedule A" form part of this By-law, - BY-LAW read a first and second time this 5th day of April, 2004. BY-LAW read a third time and finally passed this 5th day of April, 2004. - - John Mutton, Mayor - - Patti L. Barrie, Municipal Clerk - - - - - - 71.1 - .. - - .. .. ." .. - .. .. .. .. - .. .. - .. 1111 - - Meeting: - Date: Report #: - - Subject: - - - - - 1. - 2. - 3. - 4, - - - 6. 7. - 8. - - - Cl~J!ilJgton REPORT ENGINEERING SERVICES DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 29, 2004 Resolution #: EGD-13-04 File #: By-law #: NEWCASTLE PUBLIC SCHOOL -TRAFFIC/PEDESTRIAN PLAN Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report EGD-13-04 be received; THAT the 'T' intersection of Glass Court and Bridges Drive, Newcastle, become an all-way stop; THAT pavement markings be applied near the Newcastle Public School to provide positive guidance for vehicular/pedestrian movements and stopping prohibitions proposed on Glass Court; THAT the existing adult crossing guard on Edward Street E. at the east side of Beaver Street S. be relocated to Edward Street E. at the west side of Glass Court when house construction north of Glass Court is complete; 5, That the Newcastle Public School representatives be encouraged to implement and maintain a KISS-N-GO program; That staff monitor the area to measure the effectiveness of the plan; That the proposed by-laws amending Traffic by-law 91-58 attached to report EGD-13-04 be approved; and THAT interested parties listed within this report be provided with a copy of this report and Council's decision. 712 .. - Submitted by: ~~---- Ant ony Cannella, C.E.T. Director of Engineering Services RDB* ASC*jw March 22, 2004 ... o~~ Reviewed by. ~ Franklin Wu Chief Administrative Officer ... - .. ... ... - - ... - ... - - ... .. ... 713 ... - REPORT NO.: EGD-13-04 PAGE 3 - 1.0 BACKGROUND - 1.1 Newcastle Public School representatives requested a meeting on March 2, 2004 - to be held at the Newcastle Public School to review the ongoing traffic concerns related to school traffic. It was mutually agreed this meeting was needed to - develop a comprehensive plan requiring representatives from: - Clarington- Engineering Services, By-law Enforcement, Councillor Ward 4 - School - Trustee, Principal, School Council - Durham Regional Police - 2.0 Comment - 2.1 Cooperation of Stakeholders At the March 2, 2004 meeting the group recognized that the safety concerns could not be eliminated by the Municipality on its own and that the school representatives must assist in modifying parent behaviour and having an internal plan such as a KISS-N-GO program in place. A KISS-N-GO program is set up on school property in a designated area and run by adult volunteers. The program operates by having parents stop in the unloading zone and stay in the vehicle while the volunteers assist the students out of the vehicle, away from traffic and into the security of the school. The parent must leave immediately for the next parent to unload. - - - - - - The overall plan for both external and internal elements approved by the group must include consideration of: -safety of students walking -needs of parents driving - - 714 - .. REPORT NO.: EGD-13-04 PAGE 4 ... -traffic movements -education and clear direction to parents and students as to behaviour expected while stressing "safety over convenience" for the benefit of everyone - ... 2.1 Engineering Services Recommendations Although staff had previously performed a number of studies near the school a thorough study was under taken during 2004 in the area bordered by Mill St. S., Edward St. E. and Glass Court to reflect the most recent traffic patterns of both vehicles and pedestrians. The school location is unique as it is accessed by two courts with no through traffic adjacent to the school. This means all traffic is generated by the parents and school staff. .. .. .. - The information was reviewed and presented during the meeting of March 2, 2004 to advise what Engineering staff would propose as improvements and items which it could not support. The group supported the engineering proposals listed below. - - ... Engineering Staff Proposals .. 1) "T" Intersection of Glass Court and Bridqes Drive to become an all-way stoP. ... The total intersection traffic volume on this local road has met the provincial warrant. This form of traffic control would stop traffic at the pedestrian crossing location and legally give pedestrians the right of way to cross the road safely. This would also further reduce vehicle speed in the immediate area. The all-way stop on this local dead end street which primarily serves as a driveway to the school would not have a negative impact on the adjoining road network. The intersection would be clearly marked with stop bars and pedestrian lines and would not require an adult crossing guard. The new stop controls and plastic pavement markings of stop bars and pedestrian lines - - .. .. . 715 ... - REPORT NO.: EGD-13-04 PAGE 5 - would be installed simultaneously and would occur as soon as possible dependant upon weather conditions. - 2) Parkinq Prohibitions and available parkinq to be clearly defined near school. - - The parking demand by the parents surpasses the parking supply because parents are typically not prepared to walk farther to find legal parking spaces. The provision of a KISS-N-GO on school property would satisfy the needs of parents for safety and convenience and significantly reduce the need for parents to find parking and walk onto school property. - - - Parking would be permitted on the east side of Glass Court only in a limited area in front of the school. Stopping on the east side of Glass Ct. would be prohibited from Edward St. E. to 50m south of Bridges Dr.. This would encourage legal parking in close proximity to the school on the west side between Edward St. E. and Bridges Dr.. The introduction of painted parking stalls, combined with an off-centre yellow line, would reduce vehicle speed by visually narrowing the roadway. - - - - Beaver St. S. serves as a back entrance to the school and would also receive changes to the pavement markings and no stopping signs to better define legal parking locations; Application date of the painted pavement markings will be dependant upon weather conditions. - - 3) Existinq Edward St. E. crossinq quard to be relocated from Beaver St. S to Glass Ct - - When the construction of new homes directly north of Glass Ct is complete, the new students will require assistance of an adult crossing guard. The guard at Beaver St. S was put in place before sidewalk connections were put in place on Edward St. E and Glass Ct. The relocation of the existing guard - - 716 - .. REPORT NO.: EGD-13-04 PAGE 6 - from Beaver St S to Glass Ct will effectively serve the new students and redirect the existing students to the front of the school. This relocation has no effect on the walking distance of the students. Having a guard at both locations would be a duplication of service and cost an additional $6,600 per year. All students living west of Mill St. S are served by an adult guard at Robert St. E and all students north of Edward St. E would be served by the adult guard at the new location at Glass Ct. This relocation would occur by September of 2004 and the timing would be confirmed with the school to ensure that students and parents were advised. .. .. .. .. ... EnQineerinQ Staff could not support the followinQ previously reauested items .. .. 1) Additional crossing guards at: .. Edward St. E and Mill St. S As those students have an existing adult guard and a pedestrian signal at the intersection of Mill St. S and Robert St. E with the same walking distance. Edward St and Beaver Street A suggestion to leave the existing guard in place and hire a new guard rather than relocating is not feasible as those existing students will be able to cross at the new location at Glass Ct with the same walking distance Beaver St. S and Robert St. E This crossing area does not meet the warrant criteria. It has lower traffic volumes and speeds with virtually no commuter traffic. .. .. .. - - 2) Speed restrictions .. The requested speed humps are not needed on Glass Court as speeds are already close to 40 km/hr during school periods due to congestion. The ... III 717 ... .. REPORT NO.: EGD-13-04 PAGE 7 - proposed introduction of the all-way stop at Glass Ct and Bridges Dr and narrow travel lanes should eliminate all speed and crossing concerns. - - Monitored speeds on Edward Street East during and after school periods show the average speeds are less than the regulatory speed of 50 km/hr. - 3) All-way Stops - The warrants for an all-way stop at the following intersections have not been met: Edward Street East at Glass Court Beaver Street south at Robert Street East - - 4) Changes to Regional Intersection - - Clarington staff, have no jurisdiction over Regional roadways. During 2003 the Region of Durham reviewed requests for an all-way stop/ traffic signal or pedestrian signal at the intersection at Regional Rd 17 (Mill St. S) at Edward St. E and determined they were not warranted based on existing volumes or conditions expected in the near future. - - - 2.2 By-law Enforcement Due to the number of schools in Clarington with similar dismissal times parking enforcement would need to be scheduled by staff on a rotating basis assisting as much as possible. Due to demands on staff time to patrol municipal roadways, enforcement on private property is not usually something which can be accommodated, Staff advised that enforcement on private property in a properly posted KISS-N-GO area could be provided on a limited basis if consistent problems developed and if the Principal as the Property owner authorized the tickets, Enforcement of the parking restrictions in the turning basins would need to continue for safety reasons. - .. - - - 718 - REPORT NO.: EGD-13-04 PAGE 8 2.4 Durham Regional Police During the meeting of March 2, 2004 it was stated that a police presence would be available both on the roadway and on private property if the situation required it. 2.5 Newcastle Public School (Trustee, Principal, Council) The school representatives have put in considerable time attempting to address safety issues and developing a KISS-N-GO program. Since the March 4, 2004 meeting the KISS-N-GO program proposed by the school council has been approved by the Durham Regional Police and is expected to be endorsed by the school board shortly thereafter. The cost of safety vests and cones for the parent volunteers is expected to be provided by a CAA Safety Program which works closely with Durham Regional Police. The school board will need to purchase and install the necessary signage for the KISS-N-GO and parking/stopping prohibitions on private property. The new KISS-N-GO program will benefit parents as a whole but will require publicity and educational material by the school. The program is expected to initially operate during the morning period but may later be expanded to the afternoon dismissal. The group supported the school efforts as a necessity to improving safety issues near the school. 2.6 The recommendations contained in this report were discussed and supported by the CTMAC Clarington Traffic Management Advisory Committee during the meeting of March 18, 2004. As a possible future improvement, the Committee suggested that staff consider the effect of re-establishing the roadway or driveway link on the south side of the school to connect Glass Court and Beaver Street South which existed when the new school was being constructed and old school demolished. 719 .. - - - - .. .. - ... - - - - - - - .. .. .. - REPORT NO.: EGD-13-04 PAGE 9 - 3.0 CONCLUSIONS By working together the stakeholders have developed a plan which should address safety concerns on both the roadway and on private school property. - - Attachments: - Attachment #1 - Key map, walking routes, guards, all-way stops Attachment #2 - Key map, parking and pavement marking, Glass Ct Attachment #3 - Key Map, parking and pavement marking, Beaver St S Attachment #4 - Proposed by-law amendments - Interested parties to be advised of Council's decision: - Durham Region Police - Clarington Traffic Management Advisory Committee Clayton Morgan, Chair - Newcastle Public School Brian Harris, Principal and School Council - - - - - - - - - 720 - )> -l -l ~ :::0 f'Tl ::x: f'Tl :J g:lJlO 20 S' -l :::0 (\) Z-j(\) o , . f'Tl S' VlGJlO g: 0 en g I (\) o ~ , ::T(N< I\) I o' .!" 0 (\) I\) ~ Ul o o .j>. z '" ~ > lJl ~ " c CD C n lJl n :I: o o r ~ '""0 ~ ~ --4 'S: ::t> :::u ^ z G') (f) ~C !~ ~S~. ~ '-<! i aJ rr1 )> < rr1 ::::a (f) -1 ::::a rr1 rr1 -1 (f) o C -I :r: ROBERT ST. E. J'lOf 0 -4 I -H- I T i 1 1 1 1 i i r T T T T T T T T r - - - - - C) r )> (f) - (f) 0 0 C :z - :::u rTl ~ ~ > Vl ;:l rTl " - C [IJ r 1'5 Vl () " :r: .. 0 ~ :>J 0 0 r - " 0 Vl rTl 0 ^ Vi ~ Vl - ~ ""0 (f) -+ " )> -i 0 < 0 fTl ""0 - s::: (f) fTl Z G) -i Z s::: (f) )> - :::0 ^ Z G) (f) - BRIDG S DR. 1 )> ~C I --i --i ~ ::;0 rol I J: rol :J !~ -N- 1 ~ ""0 ~. Z 0 :J J --i::;O(1) ~S. Z-I(1) !' ~. ~ N rol :J l C)l.O '< ;::: 0 (j) ~ Q I (1) n -10 ::r0J< 1 N I o' !'JQ(1) N ..p. Ul == 0 0 -l>o 1 722 - .. .. (j) .... I (j) I .. ~ " 1 II JV 1 11 '--JrRELOCA TE 7 7 " .:. -----~~~-------~- I Edward St. E. .. ~ flllll II I I I I - (j) - , , .... I (j) - .. ~ I ~ > ,~ I ~ ro WALBRIDGE Q) c.c PARK I - - .. 'v I 1! I I-- James St. E. I-- I-- .. l- I 17 I 10 Bridges Dr. -</~~'--- - ,~ J'I, I \>~ "' I '" .. ~ ~r 1'Oc 'Oc I' I' , I - Robert St. E. I Proposed .. NEWCASTLE t 0 / ::l I Allway Stop PUBLIC 0 '---- - <.) I Existing SCHOOL III . III Allway Stop L- ro I .. C5 \ j_ _ _ Main Traffic J-- Flow 1 * Existing Guards .. NEWCASTLE VILLAGE ) Walking Route ------ .. Highway No. 401 .. = / Ci5 ~ 5 lBr= ~L ~ ~ ~ - ~\ D~/f-JIII[ ~I ~=- ~\ J~Bd1 Highway No. 2 ~ Ir~) t~'[J Dr' V JUG~,rJL[~ 0 D SUBJE~ T ~~I~~r~=t n .BJ2-. ARE; ~J~r ) rr======-J u II U \= r KEY MA~I ~g/~ NEWCASTLE .. ]V W~e s .. .. .. Highway No, 401 DRAWN BY: E.L. DATE: March 22, 2004 REPORT EGD-13-04 ATTACHMENT NO.1 . .. 7 .:{ - - ATTACHMENT NO,: 4 REPORT NO,: EGD-13-04 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY -lAW 2004- - Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington. - WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; - NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: - A) 1) Schedule XV "Through Highways" of By-law 91-58 is amended by: Deleting the following reference: Column 1 Hiqhwav - Glass Court (Newcastle) And - Column 2 From Column 3 To South limit of Edward Street East South limit of Glass Court B) Adding the following reference: - Column 1 Hiqhwav Glass Court (Newcastle) - Column 2 From Column 3 To South limit of Edward Street East North limit of Bridges Drive 2) Schedule XVI "Stop Signs" of By-law 91-58 is amended by: - A) Adding the following reference: Column 1 Intersection Column 2 Facinq Traffic - Glass Court and Bridges Drive (Newcastle) Southbound on Glass Court - Glass Court and Bridges Drive (Newcastle) Northbound on Glass Court - A) 3) Schedule I "No Stopping" of By-law 91-58 is amended by: Deleting the following reference: Column 1 Hiqhway - - Beaver Street South (Newcastle) Column 2 Side Column 4 Prohibited (Time or Days Column 3 Between Both Robert Street East Anytime to south limits of Beaver Street East B) Adding the following reference: - Column 1 Hiqhway Glass Court - i i I - Column 2 Side Column 3 Between Column 4 Prohibited (Time or Days East Edward Street East Anytime 724 . (Newcastle) and 50m south of Bridges Drive ... Glass Court (Newcastle) West South limit of Anytime Glass Court to 20m north of Bridges Drive - Beaver Street South (Newcastle) West Robert Street East Anytime and 30m southerly .. 4) This By-law shall come into force and take effect on the date approved by Council and when signs to the effect are erected, BY-LAW read a first and second time this 5th day of April, 2004 - ... BY-LAW read a third time and finally passed this 5th day of April, 2004 .. John Mutton, Mayor ... - Patti L. Barrie, Municipal Clerk ... - - ... - - - .. .. ... - - CI!Jl-!lJgton REPORT - ENGINEERING SERVICES - Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2004 - Report #: EGD-14-04 File #: By-law #: - Subject: Bowmanville Rotary Club Centennial Project, Soper Creek Park - RECOMMENDA TIONS: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: - 1. THAT Report EGD-14-04 be received for information. - - 41~~ ~~ U~~-e___ r1~~ - Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer - PW/ASC/jw March 22, 2004 - - - - - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - 726 REPORT NO.: EGD-14-04 PAGE 2 1.0 PURPOSE OF REPORT To update Council on the proposal by the Bowmanville Rotary Club to create an outdoor display and performance space at the Visual Arts Centre (VAC) in Soper Creek Park. 2.0 BACKGROUND At the October 20,2003 Council meeting, Kevin Anyan of the Bowmanville Rotary Club addressed Council seeking approval of the Club's concept for improvements to Soper Creek Park surrounding the VAC. The Bowmanville Rotary Club is proposing to undertake the improvements as its Rotary Centennial project. The Club has since developed detailed plans illustrating their proposal for an outdoor display and performance space (Attachment NO.1 & 2), a phasing schedule and cost estimate. 3.0 COMMENTS The VAC has been utilizing the outdoor space surrounding the VAC from the mid 90's to the present for their annual Art On Public Lands exhibition where the work of selected artists is displayed outdoors for a one year period. Currently the outdoor display area is grassed with no walkways, seating, or paved viewing areas. At certain times of the year the area is very damp. The objective of the Rotary Club's project is to create an outdoor display space to accommodate public art in a natural setting with walkways, seating areas and other features, The outdoor display and performance space would enhance the Art On Public Lands exhibition and hopefully become a major attraction within Soper Creek Park and the Municipality. 727 .. .. .. .. - .. .. .. .. - - .. ... - .. .. ... III .... - REPORT NO.: EGD-14-04 PAGE 3 - - The main components of the Rotary Club's proposal are; a new interlocking paver display and performance space with a pre-cast concrete seating area surrounding it, a wooden structure to display artwork, new walkways connecting the building to the display area, a new trail along the creek edge, and an artificial stream and bridge. - - The VAC has worked with Rotary Club on the development of the plan. The Departments of Engineering and Operations have also been consulted while the plan was being developed. - - The total estimated cost of the project is $237,000. The Rotary Club is committed to fundraising for the project in its entirety. They propose to raise the required funds from the sale of individual bricks, and from grants from other sources. The Operations Department would assist by making improvements to the existing parking lot. - - - The implementation of the project has been divided into 3 phases. It is important that each phase of the project is functional and useful in the event that subsequent phases are not completed because of funding shortfalls. - - The Operations Department is responsible for maintaining the grounds surrounding the Visual Arts Centre, Since the area is mainly grass, maintenance includes grass cutting and litter pick-up, Installing and maintaining the art displays is the responsibility of the VAC. Once completed the Municipality would be required to maintain the grass, walkways, planting beds and seating areas, The art displays would remain the responsibility of the VAC. - - - 4.0 CONCLUSION - The creation of a formalized outdoor display space at the VAC is a natural extension of the VAC mission to promote the creation, display and appreciation of visual arts in the Municipality of Clarington. - - 728 - ., REPORT NO.: EGD-14-04 PAGE 4 - The Bowmanville Rotary Club is a supporter of the VAC and has chosen this project as their Rotary Centennial Project. The Club is committed to raising the funds required to complete the project. The Municipality continues to support their efforts to create an outdoor display space at Soper Creek Park. - .. .. Attachments: Attachment NO.1: Site Layout Plan Attachment NO.2: Amphitheatre .. .. .. .. .. - .. .. .. .. .. ... ... 729 - (1) t5 ill' iil ~~ II :;: I - 5i! I ;: III ~ :r . ~ -,!h ~'<t ,.0 . 1 "" O'<t - . . ...; Z'7 f-Cl zC:> WW ~ ': IO - ~ ()Z <(f- ~a:: ~ <(0 a.. I In UJ - a:: ~ I - ~ I is i f I - - i 'i - i ~ ~ ~ ; \) - ~ Q - - ~ i I 40 73{ ... - - - - - - - - - .. 0 l- ii ~! ~!I '-' w~ ~ I - II -'>. ~/ ~ I N"<t >- II! ,,0 I Q) II ii' ' , I ; -,!h O"<t z";" 1-0 - a: z~ -; - . WW :2 ': :r:0 oz <(I- .. l=c:: <(0 0- W c:: .. .. .. .. .. .. - - - - - .. .. II1II 73r .. - Cggton REPORT - ENGINEERING SERVICES - Meeting: - Date: Report #: - Subject: - GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, March 29, 2004 EGD-15-04 File #: By-law #: GLOBAL TECH HYDROGEN FUEL INJECTION SYSTEMS (HFI) - THE POTENTIAL FOR AN INNOVATIVE ENVIRONMENTAL PILOT PROJECT - RECOMMENDATIONS: It is respectfully recommended: - 1. THAT Report EGD-15-04 be received; - 2. THAT the Municipality of Clarington partner with GlobalTech to install and test their hydrogen fuel injection system (HFI) on our two municipally owned Clarington Transit buses as part of a pilot project; and - 3. - 4. - THAT the cost of this pilot project, estimated at approximately $30,000.00, be funded from the Transit Reserve Fund; and THAT Staff be directed to review the effectiveness of the hydrogen fuel injection system and report back to Council on an annual basis. - - dt4mJL J~.L ~ Submitted by: Anthony Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer - - ASC*jb March 22, 2004 - CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 - 732 ... REPORT NO.: EGD-1S-Q4 PAGE 2 .. - 1.0 BACKGROUND In 2004 GlobalTech, a Bowmanville based associate company of the Canadian Hydrogen Energy Company Ltd., began marketing its GlobalTech HFI hydrogen injection system for commercial use. This system, using patented technologies, was designed to enhance the common internal combustion engine to meet increasingly stringent industry emissions standards and to allow organizations to compete in a highly cost-sensitive business environment. GlobalTech's hydrogen injection system technology offers the potential to substantially save fuel and reduce emissions by providing a cleaner, more efficient fuel burn, increased power and extended engine life. - - .. .. - GlobalTech representatives have advised us that its hydrogen injection system technology enhances combustion by injecting hydrogen into the engine. Test results indicate that this improved efficiency reduces emissions by at least 50%, reduces fuel consumption by at least 10%, and the superior combustion increases the engine's power while reducing wear. .., - .. 2.0 PARTNERSHIP - THE POTENTIAL BENEFITS The most efficient use of GlobalTech's HFI technology is achieved when the units are installed on vehicles which log long distances on a regular basis. Clarington Transit vehicles fit this criterion and present an excellent opportunity to test potential economic and environmental benefits. - .. - The Municipality of Clarington operates a wide range of municipal vehicles and has an interest in both the cost effectiveness of our operations as well as the impact these operations have on our environment. To explore potential benefits, the Municipality met with representatives from GlobalTech to pursue and investigate the opportunity to reduce municipal fleet fuel emissions by 50% and fuel costs by 10%. - IIIIIIi ... ... 733 - .. REPORT NO.: EGD-15-04 PAGE 3 - - 3.0 INNOVATIVE ENVIRONMENTAL TECHNOLOGY - A PILOT PROJECT In the year 2000 the Federal Government, through the Federation of Canadian Municipalities, implemented the Green Municipal Investment Fund to fund "innovative environmental projects that improve the energy and/or process efficiency in energy and energy services, water, solid waste management, sustainable transportation services and technologies, and integrated community projects". On December 21,2003 the Ontario Ministry of the Environment issued a news release advising that in April 2004 Ontario will have the toughest emission limits in North America for large diesel trucks and buses. Aimed at long term strategies for healthier communities both initiatives emphasize the importance of looking at what we do today in terms of how it will affect our environment for the future. - - - - - - Municipal government is in a unique position to lead the way in implementing responsible business practices that demand sensitivity to the impact that they have on the environment. Municipal transit buses log long distances on a daily basis and provide the ideal opportunity to look at whether local government might be in a position to set the type of example that the private sector may follow. We, like the private sector, have an interest in the long-term cost effectiveness of our operations and in the cost benefits that HFI technology may offer. We are however; equally interested in establishing policies that offer long term environmental benefits to the residents of the community in which we live. - - - .. - - 4.0 A PILOT PROJECT - EVALUATING THE TECHNOLOGY Ideally HFI technology is most suitable for vehicles that log long distances on a regular basis. As stated earlier, Clarington Transit has two municipally owned buses which meet this criterion. Installing GlobalTech's hydrogen injection systems on both of these buses, as a pilot project, will allow us to effectively evaluate the merits of this technology from a municipal perspective. The total cost of installation for both buses would be approximately $30,000.00, a cost that can be funded through the Transit Reserve Fund. - - - 734 .. .. REPORT NO.: EGD.15-G4 PAGE 4 .... .... Any costs we incur will be offset by the savings we achieve as a result of enhanced fuel consumption and decreased engine wear and tear. .., In addition to these savings the Municipality of Clarington may be in a position to apply to the Federation of Canadian Municipalities for a grant through the Green Municipal Funds program. If the Federation of Canadian Municipalities approves our grant application we may be in a position to qualify for an additional 50% savings over and above that which we achieve through decreased fuel consumption and engine wear and tear. This pilot project should provide the necessary data to support such an application to the Federation of Canadian Municipalities. .. .. IIIlIII .. 2.0 INPUT FROM OTHER SOURCES Oshawa Transit has provided comments and input into the information contained within this report. - - 3.0 CONCLUSION We believe that a pilot project of hydrogen fuel injection technology has the potential to allow us the opportunity to take advantage of cutting edge local technology in further developing, cost-effective, environmentally sensitive municipal business practices. Furthermore, partnership with a local company such as GlobalTech is a demonstration of the Municipality's commitment in promoting local industry. - - ... .. - .. IIIlIII .. 73i ..... ClfJ!il1gron t ~ ! L , L I i .. REPORT OPERATIONS DEPARTMENT L Meeting: Date: t L. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE March 29, 2004 , ' '. , , File #: By-Law #: Report #: OPD-001 -04 ( L I L. t ... Subject: SENIOR CITIZENS AND PHYSICALLY DISABLED SIDEWALK AND DRIVEWAY Wj,NDROW SNOW CLEARING PROGRAM \ . L Recommendations: L 1. 2. 3. 4. L L L 5. THAT Report OPD-001-04be received; and That a user pay system be implemented for the 2004 - 2005 season; and That the fee schedule as outlined in Option liB" be approved; and That the funds required to pay contractor be drawn from the Seniors Snow Clearing account number 7212-92004-0261; and That the revenues received be credited to an Operations Fees and Service Charges account. ~ L. , ~ O~6 ~ .' ,... ~.~ H"A".1l11' / <""", Submitted by:~,Q, t..,,.q F/. Reviewed by:. . ~, ~ rederick J. Horvath, B.A., RD.M.R, RRF.A. Franklin Wu, . ' Director of Operations Chief Administrative Officer . i i .. L L.. CORPORATION OF THE MUNICIPALITY OF CLARINGTON L 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 801 ..' REPORT NO: OPD-001-04 PAGE 2 BACKGROUND The Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program began as a pilot project in the winter of 1992 for the Bowmanville, Newcastle and Orono Business Improvement areas. The program was expanded in 1993 and each year continues to grow with 662 residents on the current program. During budget deliberations in 2001, staff brought forward a report recommending a fee for service for this program. The goal was to investigate a cost recovery program to be implemented in the 2001 - 2002 season. The resolution by Council at the time was to continue the program in order to provide a municipal service to the seniors. PROGRAM INFORMATION Bowmanville Courtice Newcastle Newtonville Orono Solina Burketon Enniskillen Hampton Maple Grove Mitchell's Corners 40 10 7 N/A 3 N/A N/A N/A N/A N/A 2 62 Did Not Return to Program from 02-03 Total Participants in 02-03 Program 350 115 41 10 21 4 1 2 10 2 6 562 62 646 50 29 17 1 1 o o o 2 o o *100 400 144 58 11 22 4 1 2 12 2 6 662 Increase to the 03-04 Program from last Year (*100 new particIpants as of February 5, 2004) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 Qn? J j j, J J J J j J J J j J J J j J J J L REPORT NO: OPD-001-04 PAGE 3 , I t .. 2001 2002 2003 2004 TO DATE COSTS $75,855 $52,647 $97,201 $65,000 PARTICIPANTS 629 646 662 L \ I .. y I .. f L L In review of other municipalities in the Region of Durham, Oshawa, Whitby, Ajax, Scugog and Pickering offer a similar program. Only Ajax and Scugog provide a charge for the service. The charges are as follows: . Ajax $50.00/windrow; $100.00/sidewalk; $125.00/cornerlot. . Scugog $50.00/sidewalk & pathway to door; $175.00/to plow driveway for 1 vehicle; $225.00/for both services. L L , L. I L. RESIDENTS CONCERNS _ During the 2003/2004 winter, several complaints and inquiries were received about the program. The majority of the complaints were: 1. The windrow / sidewalk were not completed as soon as the resident expected. 2. I pay the same taxes as my next door neighbour and I should have my sidewalk cleared as well. 3. The neighbour adjacent to approved seniors complaining that the contractor was entering or exiting from their driveway. Staff and the contractor have worked together since the commencement of the winter program to ensure that all program expectations are met and that customer enquiries are dealt with in a timely and positive manner. ~, L. L L L 'it ! Ii. L t L. CORPORATION OF THE MUNICIPALITY OF CLARINGTON L 40 TEMPERANCE STREET, BOWMANVlllE; ONTARIO l1C 3A6 T (905) 263-2292 F {905) 263-4433 803 . REPORT NO: OPD-001-04 PAGE 4 COMMUNITY CARE Community Care relies on volunteers to assist seniors with snow clearing removal. Community Care does not use a contractor and the majority of snow clearing is performed manually with shovels. Community Care assists only registered applicants (51 in 2003 - 2004), and charge $7.00 per hour for snow removal. Their program relies solely on volunteers and if they are unable to attract volunteers, they cannot provide the service. OPTIONS In preparing this report, staff considered the following options: OPTION "A" - EXISTING LEVEL OF SERVICE Council may consider maintaining the existing level of service with r:lO changes. OPTION "B" - FEE SCHEDULE Council may reconsider the fee for service again. The fees would be proposed to cover sidewalks at various lengths, corner lots and windrows. For your information the Clarington program consists of 662 windrows, 438 sidewalks and windrows and 64 corner lot sidewalks and windrows. Based on our 2001 report and ~ecommended fees for service, the estimated cost recovery for the 2003 - 2004 program would have been: · Windrows 662 @ $ 50.00 $33,100.00 · Sidewalks 438 @ $100.00 $43,800.00 · Sidewalk/corner lot 64 @ $150.00 $ 9.600.00 $86,500.00 If this is the direction of Council staff recommends the following fee schedule for implementation in 2004 -2005. · Windrows $ 50.00/ per season · Sidewalks $100.00/ per season · Sidewalk/corner lot $150.00/ per season Our projected cost for this program is estimated at $90,000 for 2004. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMAN~ILL~, O~T~R40 L1C 3A6 T (905) 263-2292 F (905) 263-4433 j j j J J J j J J j J J j J J J J J J it. REPORT NO: OPD-001-04 PAGE 5 L , l CONCLUSION The Seniors and Physically Disabled Snow Clearing Program has expanded significantly over the last 12 years. The program will continue to grow and annual costs are reflective of the weather conditions and contractor's pricing. The Municipality is geographically challenged to undertake any type of program in-house and to be cost effective. As the Municipality is facing a difficult budget challenge in 2004, the ongoing increased costs of the program due to participation is a concern as well as increased expectations to the level of service. After review of all options, staffs recommendation is to implement a user pay system for the 2004 - 2005 season. \ ~ l.. t f III .. I II. l , ~... ... , L , ! ... ! Ir. ~ L. 1.. .. , I ... L. L CORPORATION OF THE MUNICIPALITY OF CLARINGTON I. i. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 ~ ~!i).., it: l() ~, .2) J J J j j J J J j J J J J j j j J J J I I I I I I I I I I I I I I I I I I I ClWilJglon I REPORT' Meeting: EMERGENCY & FIRE SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 29, 2004 Report #: ESD-006-04 File #10.12.6 By-law # Subject: MONTHLY RESPONSE REPORT - .FEBRUARY, 2004 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-006 -04 be received for information. Submitted by: Michael G. Crei Director of Em . \ (':J.-e~ Reviewed by:'--" { Franklin Wu, Chief Administrative Officer MGC*lIv 901 REPORT NO.: ESD-006-Q4 PAGE 2 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT 1. BACKGROUND 1.1 Our report covers the month February 2004. It is our intent to provide Committee with information relevant to this department, in a timely manner. 2. REPORT 2.1 The department responded to 218 calls during this period and recorded total fire loss at $442,000.00. A breakdown of calls responded to follows in the table attached. , *Standby As indicated in the table attached, Station 1 volunteer firefighters were activated seven times and Station 4 volunteer firefighters six times for standby, All were as a result of Pumper 1 and Pumper 4 responding to emergency calls. 902 I I I I I I I I I I I I I I I I I I I EMERGENCY & FIRE SERVICES MONTIll.. Y RESPONSE REPORT MONTH YEAR MON1H YEAR ENDING TO ENDING TO CLASSIFICATION February/04 DATE February/03 DATE 2004 2003 PROPERTY FIRES (Includes structure, chimney, vehicle 10 16 14 36 Miscellaneous e.g. furniture, clothing, etc.) UNAUTHORIZED BURNING (Bumine: complaints) I 6 5 10 FALSE FIRE CALLS (Includes alarm activations- 26 63 27 accidental//malicious ,human-perceived 67 emergencies/check calls e.g. investigate unknown odour PUBLIC HAZARD CALLS (Includes propane/natural gas leaks, 27 59 19 44 fuel/chemical spills, power lines downlarcinJ!:, C.O: leaks, etc.) RESCUE CALLS (Includes vehicle extricatiofilaccidents, 43 108 56 108 commercial/industrial accidents, home/residential accidents, water/ice rescue) MEDICAL ASSIST CALLS (Includes assist to ambulance personnel with 83 152 91 196 respiratory and resuscitation emergencies MISCELLANEOUS CALLS (Incidents not found, assistance not req'd. by 28 62 27 45 other agency, call cancelled on route, etc.) TOTAL CALLS 218 466 239 506 TOTAL FIRE LOSS $442,000.00 449,000.00 $199,450.00 $562,250.00 NUMBER OF ALARMS BY STATION ST.#1 ST. #2 ST.#3 ST.#4 ST.#5 TOTAL 111 29 17 57 4 218 NUMBER OF STANDBY CALLS BY STATION ST#1 ST#2 ST#3 ST#4 ST#5 TOTAL 7 0 0 6 0 13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F(905)623-6506 , 903 I I I I I I I I I I I I I I I I I I I ... Cwmgton REPORT ... COMMUNITY SERVICES DEPARTMENT , .. Meeting: General Purpose and Administration Committee l.. Date: March 29th 2004 Resolution #: Report #: CSD-04-o4 File #: By-law #: II. Subject: Fit for Heart and Paint the Town Red Campaign l.. Recommendations: ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. . THAT Report CSD-04-04 be received for information. ... ... Reviewed bYO~~ aruana Franklin .Wu tor of Community Services Chief Administrative Officer ... l... JPC/BT/EB/SM/ta ill. ... .. .. .. ... 100' .. ,REPORT NO.: CSD-04-04 PAGE 2 1.0 BACKGROUND 1.1 In an effort to improve the health of Canadians, the Heart and Stroke Foundation promotes an annual Fit for Heart program and Paint the Town Red campaign. Fit for Heart encourages fitness industry professionals to hostan event to raise awareness and money for heart health research. Participants of the event . collect pledges and receive incentive prizes in return for their efforts, to support the Heart and Stroke Foundation. 1.2 The Fit for Heart program offers fitness facilities and corporations the opportunity . to introduce fun and healthy activities for all fitness levels. The community wide initiative caters to the recent trends towards getting active and staying healthy through regular exercise. The initiative also supports community businesses with the opportunity for sponsorship. 1.3 The Paint the Town Red campaign raises money for Heart and Stroke research through the public sale of paper hearts. This community fund raising initiative involves businesses to build goodwill with their customers, employees and community. In 2003, the Community Services Department participated in the. Paint the Town Red and Fit for Heart campaign raising a total of $754. 2.0 COMMENTS' 2.1 This year, the Municipality once again participated in both the Paint the Town Red and Fit for Heart campaigns. The Paint the Town Red campaign ra.n .for the entire month of February through the Clarington Fitness Centre, Courtice Community Complex, Garnet B. Rickard Recreation Complex, Municipal Administration Centre and the South Courtice Arena. A total of fifty-five (55) residents, members and staff participated in the events. 2.2 In support of the Fit for Heart program, the Courtice Community Complex hosted the following 3 events: . 2 % hour 'Aerobathon' consisting of 20 minute intervals of a variety of aerobic class types. . A 'Circuit Binge' in which participants rotated between stations of cardiovascular workout machines, weight training equipment, abdominal exercises and stretching. . . The swimathon/Great Lakes Challenge, required that participants tr~ck ' their accumulative distance swam over five days and compare it to that covering the Great Lakes. 2.3 As an additional incentive to our members to participate in the event(s), the Heart and Stroke Foundation ran two workshops providing various health information of interest. 2.4 Jen Smith, a registered massage therapist performed massages for participants throughout the event. A nominal fee was charged for this service and proceeds benefited the Heart and Stroke Foundation. J J J J J j J j .J j j J J j J J J J J .. REPORT NO.: CSD-04-o4 PAGE 3 lI. ... 2.5 Success of the Fit for Heart campaign was attributed to the various promotions through TV, radio and print media. Additional promotions through several venues and by employee word of mouth were instrumental in gaining public and member support for the event. . Specific promotions included: . Weekly advertisements in the Canadian Statesman (Clarington This Week) . Clarington Municipal intranet . Clarington Municipal web site listing . Durham Region Health Department web site listing . Durham Today on Chex TV Durham, Channel 12 . Fitness facility display board . Lakeridge Health Symposium booth display . Monthly newsletter to fitness facility members . Ma'i1 out to registered aerobic participants . Signage throughout various Municipal buildings . 1350 CKDO, morning show with Terry Johnston 2.6 For every $50 each participant collected in pledges, their name was entered into a draw for prizes. Random prize draws were also done throughout the evening of the Fit for Heart event. An annual membership and five personal training sessions, donated by the Municipality of Clarington were awarded to two participants who collected the most pledge money in support of the Heart and Stroke Foundation. ... ... ... ... .. ... II.. 2.7 The following sponsors came forward to support the event, i.. lI. Municipality of Clarington Beaches Tanning Salon Bon Appetit Catering Cafe Riche Halenda's Meats Loblaws Pingles Farm Market Shoppers Drug Mart Terrens Wellness Centre Tim. Horton's Williams Coffee Pub. ... 3.0 Conclusion '- 3.1 , ... 3.2 III A total 55 participants showed their support for the Heart and Stroke Foundation, Fit for Heart event. The evening was spectacular as participants enjoyed the energy, food, massage and prize give-aways. This year, through pledge forms and donations, participants in the Fit for Heart and Paint the Town Red campaigns rose over $7,800 for the Heart and Stroke Foundation this year. ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 ... 1'003 ... I .J J J J J j j J J j J j I J . J J J j J J ... ... ClNilJgton ... REPORT COMMUNITY SERVICES DEPARTMENT ... Meeting: General Purpose and Administration Committee Date: March 29, 2004 ... Report #: CSO-oS-04 File #: By-law #: Resolution #: ... Subject: Durham Lives! Physical Activities - Corporate Wellness Program ... Recommendations: ... tt is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report.CSD-05-04 be received for information; ... .. .. .. .. JPC/BT/EB/SM/jm - ... .. ... ... ... Reviewed bl- ~ ~ Franklin Wu Chief Administrative Officer J004 REPORT NO.: CSD-05-04 PAGE 2 1.0 BACKGROUND 1.1 For the past two years, the Community Services Department has been involved with the provincially funded, Durham Lives! Physical Activity working group. The working group consists of representation from the Region of Durham Health . Department, Town of Ajax, City of Oshawa, City of Pickering, Town of Whitby, as well as our own Municipality of Clarington. As an extension of our own fitness services, the group's mandate is to provide an awareness of physical activity and fitness as well as promote the opportunity for all to exercise in community facilities. 1.2 In response to the growing trend in health and wellness, one of Durham Lives! initiatives this year is to focus on the development of Corporate Wellness . Programs for employers in all sectors. The purpose of the program is to raise awareness among employers and employees, of the need for physical activities and the services and programs offered in our own facilities. A Corporate Wellness Prograr:n, through education and distribution of employee packages enable the development of closer working relationships between all levels of staff. . As well as healthy lifestyles for the employee, benefits may .also include increased on-the-job productivity, reduced absenteeism and reduced stress that affect both the employee and employer alike. 1.3 As a proactive initiative towards improving our own employees' health and wellness, the Community Services Department is pleased to offer this program and services to Municipal staff and Members of Council. Accordingly we are announcing the third annual Courtice Fitness Training Facility Challenge (Challenge '04) beginning April 5th, 2004. 1.4 In previous years (2002 and 2003), the fitness challenge has been open to all fitness members. However, Challenge '04 is solely available to Municipal staff and Members of Council as an employee wellness initiative. Staff and Council will be provided with an opportunity and incentives to enjoy this unique fitness challenge, in an effort to induce a long-term healthy and active lifestyle for all participants. 1.5 Certified trainers at the Courtice Community Complex will follow participants through a 12-week challenge dedicated to achieving individual fitness and wellness goals. 2.0 COMMENTS 2.1 The challenge is open to all Municipal staff and Council withj an active fitness membership. Participants will enjoy a personal introduction to each fitness component throughout the 12-week challenge. Group sessions (maximum of 1005 .J .J J .J , .J j ..i i .J J :j '~ .. .J J .J J j j j j .J ,j .. .. .. .. .. .. .. .. 2.3 .. 2.4 .. .. 2.5 .. .. 2.6 .. .. ... REPORT NO.: CSD-DS-D4 PAGE 3 three participants) will be held four times weekly to introduce both beginners and . intermediates to the scheduled components. Three personal training sessions will otherwise be available each week for to those individuals whose schedules do not coincide with the group sessions offered. The 12-week challenge involves a progressive introduction to 3 fitness-training components. This. progressive approach will encourage participants to adopt a long-term commitment towards a healthier lifestyle. The challenge focuses on individual training components based on the following schedule: a) b) c) Weeks 1 to 3 are dedicated physical assessment, goal setting and building cardiovascular fitness Weeks 4 to 7 involve the introduction of weight Weeks 8 to 12 incorporate both strength and cardiovascular components to develop a personal fitness program 2.2 As an additional incentive for participation, wellness and nutritional counselling will be available. Throughout the challenge, designated personal trainers will be available to provide this service. To ensure that participant enthusiasm and success is maintained, each participant will receive weekly email fitness tips. The tips will provide advice on exercise, lifestyle management, nutrition and recipes. Free 'Lunch and Learn' workshops will be held on March 31st at Town Hall, to introduce Challenge '04 to interested Municipal staff and Council. The workshops will provide details of the challenge, as well as create enthusiasm and motivation for registration. Opportunities for registration will follow the 'Lunch and Learn' workshops. Registration will be available after March 31st through the Eazy Reg touchtone system. A fee of $30 for each registrant will be charged to cover expenses of the program. Upon registration, each Municipal participant will receive his or her Challenge '04 incentive package. Included in the package will be the following: . Certificate for 3 personal training or group training sessions . Open invitation for basic wellness and nutrition guidance . Journal for recording goals, food, exercise log etc. . 'Walk this Way' record and erase board . Health Canada brochures and guides . Various product samples . Detailed Fitness Challenge 2004 information and tools .. 2.7 Additional promotions for Challenge '04 will include in-house signage, the municipality's intranet site, pay stub notices and internal facility bulletin boards. .. .. t006 REPORT NO.: CSO-QS.Q4 PAGE 4 3.0 Conclusion 3.1 In an effort to encourage long term lifestyle changes beyond the 12 week Fitness Challenge, this year's challenge will be evaluated based on participants' individual dedication to health and wellness. Evaluation will involve a weighted consideration of blood pressure assessments, journal reviews and a point system tally. To illustrate the importance of this wellness approach to evaluation, the criteria is listed below: . Blood pressure assessments at the beginning and end of the challenge indicate measurable physical fitness improvements based on heart health efficiency . Journal reviews encourage participants to set and track personal goals, workouts and improvements, but also reveal their dedication to the program . Points awarded for each visit to the fitness facility promote a scheduled workout plan for long term results 3.2 . The top three most improved Municipal staff or Council members, in all areas of evaluation, will win one of three large prizes available. Top prizes and various . smaller prize incentives will be announced during the 'Lunch and Learn' on March 31St, 2004. 3.3 In collaboration with the Durham Lives! Corporate Wellness initiative, the Community Services Department of the Municipality of Clarington, encourages our staff to get active and involved in Challenge '04! CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 t 007 J 1 .J ..J .J .J .J .J .J .J j j .J j j .J j .J J j l L L L L L I L t L I L.. L L L L L L L L L L CJJJlmgton REPORT CLERK'S DEPARTMENT Me~ting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 29, 2004 Report #: CLD-08-04 File #: By-law #: Subject: MARK STEWART - ANIMAL LICENCING SERVICES INC. - AGREEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-08-04 be received; 2. THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat licences door to door in the Municipality of Clarington for the year 2004 commencing on April 1 ,2004 until September 30,2004 and subject to review by Council at the termination of the agreement; 3. THAT the authorizing By-law be forwarded to Council for approval and the Agreement be executed by the Mayor and Municipal Clerk; and 4. THAT Mark Stewart, Animal Licencing Services Inc., the Animal Advisory Committee and the Animal Alliance of Canada be advised of Council's decision. J~~ Reviewed by: Franklin Wu, Chief Administrative Officer MPKS*PLB*dm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 itG1 REPORT NO.: CLD0804 PAGE 2 of2 J j j J J J J J J J J J J j J 1.0 BACKGROUND AND COMMENT For the past seven years, Animal Licencing Services Inc., has been contracted by the Municipality to sell pet licences door to door from April 1 to September 30. The door to door sale of dog/cat licences, has been very effective in increasing the number of pets licenced in the Municipality. This in turn, has enabled Staff to successfully identify and return more pets to their rightful owners, thus providing a higher quality of customer service to our residents. 2.0 RECOMMENDATIONS Staff are recommending that an agreement be entered into with Animal Licencing Services Inc., to sell dog and cat licences door to door in the Municipality of Clarington for the year 2004 commencing on April 1 , 2004 until September 30, 2004 and subject to review by Council at the termination of the Agreement. If the recommendations contained within this report are approved, an advertisement will be placed in the local newspapers to inform our residents of the pet licences being sold door to door. Attachment #1 Attachment #2 By-law Agreement Interested parties to be advised of Council's decision: Mark Stewart, Animal Licencing Services Inc. 111 Victoria Street E. #1 Whitby, ON L 1 N 8X1 Ms. Liz White Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 j 1102 J J J Animal Advisory Committee. L L L THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2004- ! L being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Animal Licencing Services Inc, L , i L. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporate Seal, an Agreement with Animal Licencing Services Inc. for the sale of dog/cat licences "door to door" in the Municipality of Clarington from April 1, 2004 to September 30, 2004. L. L 2, THAT the Agreement attached hereto as Schedule "An forms part of this By-law. t L. L By-law read a first and second time this 5th day of April, 2004. By-law read a third and finally passed this 5th dayof April, 2004. L L MAYOR ! L MUNICIPAL CLERK L 1 ... L , ... L I L.. 11.03 J J Attachment #2 To Report CLD-10-03 J This Agreement signed in Triplicate on the day of ,2004. J BETWEEN: The Corporation of the Municipality of Clarington J "The Municipality" - and - J Animal Licencing Services Inc. "contractor" J AGREEMENT The Contractor has provided a proposal to the Municipality for selling Dog and Cat licences to the residents of Clarington on a contracted "door to door" basis and this Agreement is being entered into to clarify the terms and conditions on which services will be rendered, The Municipality and the Contractor both acknowledge that they have each received adequate consideration to enter this contract. J J J Table of Contents Article 1.00 Scope of Services 1 Article 2.00 Term and Renewal 2 Article 3.00 Rent/Remuneration 2 Article 4.00 Rights and Obligations of the Municipality 3 Article 5.00 Rights and Obligations of the Contractor 4 Article 6.00 Covenants, Representations and Warranties Of the Contractor 6 Article 7.00 General 6 Article 8.00 Termination 7 Article 9.00 Definitions 7 J J J J 1.0 Scope of Services 1.01 Licence Sales: The Contractor shall provide the service of selling dog and cat licences to the residents of the Municipality of Clarington, door to door. This operation will be carried out between the hours of 9:00 a.m. and 8:00 p.m., from Monday to Saturday, (excepting statutory holidays} for the term of this contract. J J J J 1104 J l.. L L 2 1.02 Other Services: The Contractor shall communicate to the residents of Clarington the reasons and benefits for dog/cat licencing. This will include the distribution of brochures and other literature regarding the licencing of dogs/cats in Clarington, as provided by the Municipality. l L 2.00 Term and Renewal 2.01 Term: This contract will have a fixed term of April 1, 2004 to September 30, 2004. This service is being contracted on a trial basis for that period. The effectiveness of the program will be evaluated at that time and a decision made with respect to future requirements and procedures. L ~. t ... 2.02 Renewal: This contract has no right for renewal. i.. 3.0 Remuneration 3.01 Remittance: The Contractor shall make weekly deposits in the full amount of all proceeds of all licence sales to an account to be opened by the Municipality for this purpose at the Municipality's bank in Bowmanville. Cash, cheques made payable to the Municipality of Clarington, or credit card payments (Visa, Mastercard) will be acceptable for payment of licences. L L L 3.02 Remuneration: Remuneration in the amount of 30% for the sale of each dog or cat licence shall be paid to the Contractor on a weekly basis and only upon the approval by Municipal staff of the Animal Licencing receipts. Registration forms and invoices to support the licences sold must be submitted to the Municipality by 9:00 a.m., the Monday following the completed work week. A cheque will be issued on the following Friday, provided the remuneration exceeds $50.00. Where this minimum requirement is not met, then payment shall be deferred to a following Friday when the $50.00 has been achieved. Where a cheque received by the Contractor proves to be N.S.F., such cheque shall be handled by the Municipality in the manner normally prescribed under Municipal procedures for the handling of such cheques under other circumstances. Payments to the Contractor shall be withheld. L L L L L 3.03 Data: Data collected with respect to door-to-door sale of licences shall be delivered to the Animal Shelter by 12:00 noon on the Monday following the collection of the data. L L 1105 L 3 3.04 Books and Records: The Contractor agrees to keep such books and records of the operation of the licence sales as the Municipality may require, and allow the Municipality access at all times to inspect these books and records. The Contractor agrees to employ an Auditor licenced under the Public Accountancy Act, R.S.O. 1990, c.P.37, s.14 (as amended from time to time), whose identity is acceptable to the Municipality. 3.05 Dispute: In the event that a dispute arises between the Contractor and the Municipality as to the amount of money payable to either party pursuant to this Agreement, the decision shall be referred to the Municipal Clerk (or such other person as she may designate), and the decision of the Municipal Clerk (or designate) as to the amount of the payment shall be final. 4.00 Rights and Obligations of the Municipality of Clarington 4.01 Exclusivitv: The Municipality covenants that it shall not retain any other door-to-door sales persons for animal licences during the currency of this Agreement. 4.02 No Guarantee: The Contractor acknowledges that the Municipality has made no representations, warranties or estimates regarding expected sales of licences to the residents of Clarington. The Municipality has made no predictions or estimates whatsoever regarding profits or sales. 4.03 Confidential Records: The Municipality will provide to the Contractor, a list of individuals who have already purchased their dog/cat licences for the year 2004 and will provide him with an update of individuals purchasing licences throughout the year by non door-to-door sales. Such information is considered to be of a confidential nature. 4.04 Reference Materials: All reference materials required to educate the residents of Clarington with respect to the animal licencing program shall be provided to the Contractor by the Municipality. 4.05 Training: The Municipality will provide appropriate training to the Contractor and/or his employees/agents regarding the benefits of animal licencing, prior to the commencement of the Agreement. 1106 J j j j J J J J J j j j J j J J J J J 1" ... L l 4 4.06 Waiver: The failure of the Municipality to insist, in one or more instances, upon the performance of the Contractor of his employees/agents of any of the terms and/or conditions of this Agreement shall be be construed as a waiver of the future performance of any such term and/or condition and the obligations of the Contractor shall continue in full force and effect. L ! ~ 4.07 Advertisina: The Municipality shall have the right to place advertising in the appropriate media (local newspapers or radio) from time to time introducing and promoting the animal licencing program and its benefits. , L. 5.0 Riahts and Obliaations of the Contractor L. L L 5.01 No Assianment: The Contractor acknowledges that the background and experience of its principal officer, Mark Stewart, as well as the proposal submitted to the Municipality under his name were key components in the Municipality's entering into this Agreement. The door-to-door sales are to be conducted only by the Contractor and any of his employees or agents that have received the prior approval of the Municipality. The Municipality reserves the right to revoke the authority to sell dog/cat licences to an employee/agent of the Contractor. The Contractor agrees that it shall not transfer the business (as it operates) to another person or corporation, and acknowledges that he is not entitled to assign all or any portion of this Agreement without the prior written consent of the Municipality. The Municipality may arbitrarily withhold consent to an assignment in its sole and absolute discretion. Nothing contained in this agreement prohibits the Contractor from performing similar services for other municipalities or companies. L , L L L ! t ... 5.02 Lawful Operation: The Contractor shall, at all times, hold and maintain in good standing any licences or permits required by Federal, Provincial or Municipal laws and regulations. L 5.03 Insurance: The Contractor shall obtain and maintain comprehensive liability insurance from a company satisfactory to the Municipality. This insurance shall: (a) have a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury; (b) cover all operations and liability undertaken by the Contractor pursuant to this Agreement; (c) include both "owned" and "non-owned" vehicle coverage; L L L 1107 L J j 5 (d) be endorsed to provide that the policy or policies. will not be altered, cancelled, or allowed to lapse during the currency of this Agreement (including any renewal) without thirty (30) days prior written notice to the Municipality; and (e) name the Municipality as additional insured. J j 5.04 Indemnification: The Contractor agrees that it will be from time to time, and at all times, hereafter, well and truly save, keep harmless and fully indemnify the Municipality and its elected officials, employees and agents and its successors and assigns, from and against all actions, claims, and demands whatsoever which may be brought against or made upon the Municipality and against all loss, liability, judgements, claims, costs, demands or expenses which the Municipality sustain, suffer or be put to resulting from or arising out of the Contractor's failure to exercise reasonable care, skill or diligence in the performance or rendering of any work or service required hereunder to be performed or rendered by the Contractor, its agents, servants, employees or sub consultants or any of them. J J J J J 5.05 Fidelitv Bond: Inasmuch as this Agreement covers working on Municipal property and private property within Clarington without supervision, the Contractor must provide evidence that all personnel employed in, upon or about the premises of Clarington are covered by a Fidelity Bond of not less than $10,000.00 for each individual involved on Municipal property or private property within Clarington. J J 5.06 Workers' Compensation: The Contractor acknowledges that this Agreement is a "Contract for Service" and that it and its employees/agents are deemed to be independent Operators under the Operational Policy of the Workers' Compensation Act, R.S.O. 1990, Sections 1 (1) (m), and 11. In the event that the Contractor must register with the Workers Compensation Board as an employer, it shall furnish Workers Compensation Board Clearance Certificates to the Municipality at 45 day intervals or as required to confirm its good standing. The Workers Compensation Board letter of Independent Operator's status shall form a part of this Agreement. j J J J J 5.07 Eauipment: The Contractor shall supply its own transportation during the currency of this Agreement. The Contractor shall further supply any computer equipment and office materials required to collect and disseminate the data required by the Municipality. J J "1108 J l.. l 6 5.08 Identification:The Municipality shall provide identification for each of the Contractors approved employees/agents that is the official identification for one representing the Municipality. This will be a photo identification card that will be presented when making a call at a private residence or private property within the Municipality. ... La L 5.09 Confidentiality: The Contractor agrees that all information received from the Municipality and from the residents of the Municipality of Clarington with respect to animal licencing within the Municipality of Clarington is confidential information and shall be treated accordingly. This confidentiality shall extend to its employees/agents. All written and computer material, information and records shall be retumed to the Municipality upon termination of this Agreement. t ... i.. 1 i.. 5.10 Advertisina: There shall be no advertising carried out by the Contractor for this program. t I I. 6.00 Rules of Operation: The Contractor covenants to abide by all of the terms and conditions of this Agreement. I La 7.0 General L 7.01 Notices: Any notices to be given under this Agreement must be in writing, signed by or on behalf of the party giving such notice and delivered by hand or mailed by prepaid first class mail in Canada and addressed as follows: L I L. If to the Municipality at: Marie Knight Stanley, Deputy Clerk The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 If to the Contractor, at: Animal Licencing Services Inc. clo Mr. Mark Stewart 111 Victoria Street East, Unit #1 Whitby, Ontario L1 N 8X1 or at such other address as any party hereto may have specified by notice in writing and given to the other party. L L f L. L ~' ! ... 1109 L J J 7 Where notice is given by mail, it shall be deemed to have been received by the person to whom the same is addressed, on the fifth (5111) business day following the day upon which such notice, sent by prepaid first class mail, has been deposited in a post office in Canada. j J 7.02 Freedom of Information: Pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, the Contractor acknowledges that this Agreement to be provided by the Contractor to the Municipality, is subject to the same Act. If the Contractor wishes to maintain confidence on any document submitted, it must stipulate at the time that the document is submitted, that it is being submitted in confidence. The Municipality will not be responsible to the Contractor for the release of any information given without claim to confidentially. j J J j 8.0 Termination 8.01 Termination bv the Municioality: The Contractor agrees that upon breach by it (or by persons for whom it is lawfully responsible) of any of the express or implied terms and conditions of this Agreement, the Municipality may, in addition to any other remedy available at law, terminate this Agreement. Upon receipt by the Contractor of a notice of termination, this Agreement shall be considered terminated. j J J 8.02 Retum of Information: On the termination of this Agreement, the Contractor shall return within 24 hours, at its own expense, all documentation, identification, forms and literature provided by Clarington for the purposes of carrying out the work of this contract. J J 8.03 Termination bv the Contractor: In the event that the animal licencing program becomes unprofitable to the Contractor, it may, upon fourteen (14) days notice in writing to Clarington, terminate this Agreement and discontinue the door-to-door sales of licences. J 9.0 Definitions Soliciting "Door-to-Door' means soliciting each single dwelling unit on every urban and rural street within the Municipality of Clarington. J J A "Single Dwelling Unit" is each private home (whether single or semi private), each private apartment (whether within a private home or apartment building), each townhouse, or each unit in a group dwelling. J ~ 1110 J v- f .. I, t' .. 8 The sale of a Licence is not completed unless and until the following has taken place: an explanation to the pet owner of the benefits of having a licence, the completion of all appropriate paperwork, the transfer of monies, the delivery of the licence to the pet owner, and the delivery of the paperwork to the Clarington Animal Shelter as per Articles 3.03 and 3.04. ilia ... Signed in Triplicate on the day of ,2004. L. L. ANIMAL LICENCING SERVICES INC. 1 i;: I.. i 1. Name: Mark Stewart Title: i L. (Ime have the authority to bind the Corporation) I L. The Corporation of the Municipality of Clarington L Mayor L', Municipal Clerk L L'. t ~ ' .. ! L.' \. t ~. t L 1111 L J J J J J J J J J J J J J .J J J J J J ... .. '- 1 ! .. " f .. \ ... t.. L } €I' ... , l \ I .. I L. I .. ( L L L L , L L Clw:mglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 29, 2004 Report #: CLD-11-04 File #: By-law #: Subject: POOL DRAINAGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) THAT Report CLD-11-04 be received; 2) THAT the Pool Drainage By-law attached to Report CLD-11-04 be forwarded to Council for approval, and 3) THAT passage of the by-law attached to Report CLD-11-04 be advertised by notice in the local media. Submitted by: " d~L~ Reviewed by: Franklin Wu, Chief Administrative Officer LC*PLB*cv CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1112 . REPORT NO.: CLD.11.04 PAGE 2 J J J J J J j J j J J J J J J J J J J BACKGROUND AND COMMENT Each spring and fall Municipal Law Enforcement and Operations staff receive complaints concerning individuals who have drained their swimming pools by dumping the water into the rear or side yard, thus flooding the lands of their neighbours. This can result in minor inconveniences or serious damage, depending on the situation. There are currently no regulations governing this activity. The Municipal Act 2001 S.O., c. 25 provides that a municipality may exercise the powers of a natural person. Section 9 of the Act goes on to state that these powers are to be interpreted so as to confer broad authority on municipalities to enable them to respond to municipal issues. Section 96 states that a municipality may exercise its powers under the drainage and flood control sphere of jurisdiction for the purpose of preventing damage to property as a result of flooding. The most logical approach to minimize the impact of pool drainage is to require that the water be directly drained into a storm sewer or, in cases where there is no sewer, the ditch at the side of the road. The homeowner must also ensure that the water flow to the sewer or ditch does not flood the road and cause a traffic hazard. In order to implement this requirement it is recommended that a by-law be passed. Following passage of the by-law, staff will advertise in the local media to advise residents of the requirements of the new by-law. Attachments Attachment 1 - Proposed Pool Drainage By-law 1113 .. MUNICIPALITY OF CLARINGTON BY-LAW 2004- ... Being a by-law to regulate drainage from Private swimming pools and ponds .. , ... WHEREAS section 9 of the Municipal Act, S.O. c.25 states that a municipality's powers are to be interpreted broadly so as to confer broad authority on the municipality; and .. WHEREAS Section 96, provides that a municipality may exercise its power to prevent damage to property as a result of flooding; il. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: { ! .. 1, DEFINITIONS: For the purposes of this by-law: 1.1 "Drain" shall mean the emptying or lowering of the level of water from a pool, and drainage shall have a corresponding meaning. ~ t Ill. , l ... 1.2 "Owner" shall include the person or persons shown on the records of the land registry office, or the tax roll of the Municipality, as having title to the land or responsibility for it, as well as the tenant and person or persons lawfully in possession of, or exercising control over, the property. I L. 1.3 "Pool" shall include any swimming pool, hot tub, artificial pond or other similar body of water. 1.4 "Sewer" shall mean any or all parts of the drainage system including gutters, drainage grates and any associated pipes or channels. L 2. GENERAL TERMS L 2,1 No person shall drain any pool within the Municipality of Clarington other than in compliance with the provisions of this by-law. i t ... 2.2 No person shall drain or permit the drainage of any pool in such a manner as to cause flooding to any adjoining property, \ I .. 2,3 All drainage shall be directed by means of pipes or hoses directly to the curb at the front of the property and from there to the sewer or, where there is no cur or sewer, to the drainage ditch at the front of the property. L 2.4 Where water is drained at the curb or drainage ditch, the water flow shall be restricted so as to prevent flooding of the road. 3. PENALTIES AND CONDITIONS 1 ... 3,1 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction shall be liable to a fine as set out in the Provincial Offences Act. L \ I L.. 1114 L J J 3.2 Should any section, clause, or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid. j J 3.3 This by-law shall come into full force and effect immediately upon its final passing by Council. Read a first time this day of day of ,2004 ,2004 j. Read a second time this Mayor j J j J J J J J J j J J J J Read a third time and finally passed this day of ,2004 Municipal Clerk 1115 .. .. ... .. ... L ~ .. ... .. ~ I.. t: t- ~ L t I I.. ! i.. l , l CI!1lmgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 29, 2004 Report #: CLD-12-04 File #: By-law #: Subject: REFRESHMENT VEHICLES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1) 2) THAT Report CLD-12-04 be received for information; THAT a public meeting be scheduled for April 26, 2004 to address a proposed revision to the Refreshment Vehicle By-law; and 3) THAT following the Public Meeting, the by-law attached to Report CLD-12-04 be forwarded to Council for approval. U~~~~ Reviewed by: Franklin Wu, Chief Administrative Officer Submitted b . LC*PLB*cv I L. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 L 1116 REPORT NO.: CLD-12-04 PAGE 2 .J J BACKGROUND AND COMMENT In the interest of consumer safety and public health protection, the Municipality currently licences refreshment vehicles which operate within the limits of the Municipality. These licences are broken down into three classes, stationary (those vehicles such as chip trucks or hot dog carts which operate from a permanent location), mobile (vehicles which by the nature of their operation move from place to place and include cooking or heating as a part of the food preparation or storage) and carts (mobile vehicles which do not have cooking or heating of the food products). j 1117 J j j j J J J j J J J j J J J J Currently staff are in the process of reviewing and upgrading the entire by-law, however, one amendment has been brought forward as a result of concerns from the Downtown Business Improvement Area and other special event holders. Under the terms of the current by-law, a mobile licence holder can set up operations at an area where a special event is occurring, thus cashing in on the advertising, hard work and promotion of the event organizers and taking potential sales away from participating merchants or vendors without being required to contribute anything in return. The proposed addition to the by-law would prohibit any mobile refreshment vehicle from operating at any location that forms part of a festival or special event covered by a Municipal Road Occupancy or Special Events Permit without the prior written approval of the event organizers. In accordance with the requirements of the Municipal Act, a Public Meeting will be held on April 26th. At that time, pending input from the Public Meeting, the by-law will be presented to Council for its consideration. This will allow for the by-law to be in effect for the spring and summer seasons when many of the Special Events are held. .. CI!J!mgron REPORT ... CLERK'S DEPARTMENT ... ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MARCH 29, 2004 ... Report #: CLD-13-04 File #: By-law #: .. Subject: PARKING IN DOWNTOWN BOWMANVILLE t .. RECOMMENDATIONS: L.. It .is respectfully recommended that Committee recommend to Council the following: 1) THAT Report CLD-14-04 be received; .. € i.. 2) THAT the Traffic By-law 91-58 Schedule VIII be amended to increase the rate charged for vehicles parked in the Municipal parking lots effective June 1 J 2004; , I ... 3) THAT Traffic By-law 91-58 Schedule VIII be amended to include the municipal parking . lot at 20 King Street Bowmanville as a pay and display parking lot; 4 ) THAT staff be authorized to purchase a central parking meter for the muniCipal parking lot located at 20 King Street East Bowmanville; L L 5) THAT the funds to cover the purchase of this equipment be drawn from the Parking Reserve Account 1110-162-X; L L t, ... 6) THAT a notice be placed in the local newspapers to advise residents of this change; and 7) THAT the Downtown Business Improvement Association be advised of Council's decision. Submitted by: o ~J2~~ , L.. Reviewed by: Franklin Wu, Chief Administrative Officer \ ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1118 L REPORT NO.: CLD.13.Q4 PAGE 2 J j j J J j j j J J j j J .J J J J J J BACKGROUND AND COMMENT There are four municipal parking lots in Bowmanville. Last fall new parking meters were purchased for the Church, Division and Silver Street lots. The meters currently charge $2.00 per day for any stay over two hours. When the property at 20 King Street East, Bowmanville was purchased, the Downtown Business Improvement Association (DBIA) had expressed concern over the installation of a central meter. As a result, the lot has been operated with only a three hour time limit, requiring staff to chalk the tires and continually monitor the lot. Due to the layout of the lot, there has been confusion over where the Division Street pay lot starts and the King Street three hour free lot ends. Staff have also noticed a certain level of abuse of the parking spaces, in that many vehicles are left in the lot all day. Staff have spoken to the DBIA concerning this abuse. . As a result, the DBIA is in favour of converting the King Street lot to pay and display, like the other three municipal lots. They are also requesting an amendment to the Traffic By-law lot rates to allow for two hour free parking and fifty cents per hour thereafter. This hourly rate is the same rate as is charged at the on-street meters. A central meter will need to be purchased and installed in the King Street lot. Central meters cost approximately $10,000 each. As this had not been included in the original budget estimates for this year, staff are therefore requesting authorization to draw on the Parking Reserve Account to cover this cost. The Director of FinancelTreasurer has been consulted and concurs with this recommendation. In order to allow sufficient time for the purchase and installation of the new meter and the required signs as well as the reconfiguration of the rates charged in the existing lots, it is suggested that these amendments be made effective June 1St, 2004. Once these recommendations are approved, staff will be advising the DBIA and placing notices in the local media to advise residents of this change and appropriate signs will be installed in the lot. 1119 i/fI THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2004- .. Being a by-law to amend By-law 91-58, as amended being a By-law to regulate traffic on Highways, municipal and private property in the Municipality of Clarington - Whereas the Council of the Corporation of the Municipality of Clarington deems it desirable to amend By-law 91-58; - Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: - 1. Schedule VIII .OF-STREET PARKING METER ZONES. is deleted in its entirety and is replaced with the following: SCHEDULE vm - OFF-STREET PARKING METER ZONES AND MUNICIPAL PARKING LOTS - COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Maximum Permissible ... Municipal Days & Parking ~ H2m 1m H2!In 132 Church Street east lot and 0800 to 1800 hours First 2 hours free then 10 hours west lot Monday to Friday 50 canis/each 60 ... (Bowmanville) minutes 1801 to 0759 weekdays No hourly fee 2 hours Weekends and Public Holidays No hourly fee 2 hours .. 30 Division Street 0800 to 1800 hours Flrsl2 hours free then 10 hours (Bowmanville) Monday 10 Friday 50 cenls/each 60 minutes .. 1801 to 0759 weekdays No hourly fee 2 hours Weekends and Public Holidays No hourly fee 2 hours '- 20 King St E (Bowmanville) 0800 10 1800 hours Monday to Friday First 2 hours free then 10 hours 50 canis/each 60 minutes L. 1801 to 0759 weekdays No hourly fee 2 hours l Weekends and Public Holidays No hourly fee 2 hours 15 Silver Street (Bowmanville) 0800 to 1800 hours Monday to Friday First 2 hours free then 10 hours 50 canis/each 60 minutes L 1801 to 0759 weekdays No hourly fee 2 hours L Weekends and Public Holidays No hourly fee 2 hours Mill Street 3-13-054 (NewcasUe) 24 Hours Per Day no hourly fee 3 hours L Includes amendments: 94-153. 95-130, 96-199, 97-8, 03-070 ,04- Attachmenl revised schedule to Report Cll). _-04 L '1120 L .. 2. This By-law shall come into full force and effect on June 11" 2004 following approval by the Council of the Regional Municipality of Durham and upon erection of appropriate signs. - By-law read a first time this By-law read a second time this day of day of .2004 ,2004 - - By-law read a third time and finally passed this ,2004 day of - Mayor - .. Municipal Clerk ... .J l J 1121 J .J J J J j j J J L " L l l l L L L L L l L L L L L L L L " Cl!}Lpn REPORT CORPORATE SERVICES DEPARTMENT " Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29th, 2004 Report #: COD-015-04 File #_ By-law # Subject: SUPPLIER INFORMATION NIGHT ijecommendations: . It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-015-Q4 be received for information. BACKGROUND AND COMMENT Over the'past several years, the Purchasing Division has been making every effort to encourage local suppliers to participate in the Municipality of Clarington bidding process. Initiatives have included presentations and participation in the Oshawa/Clarington Chamber of Commerce Reverse Trade Shows as well as the Canadian Professional Sales Association Conference. In 2000, The Municipality of Clarington held it's first Supplier Information Night which attracted approximately 50 participants. In 2001, the Municipality of Clarington was instrumental in organizing the Durham Purchasing Co-operative Supplier Information Night, which attracted approximately 200 participants. In 2002, the Municipality of Clarington held its 2nd Supplier Informati Night which attracted approximately 100 participants. " ReviewedbY:~ ~~. Fr lin Wu, Chief Administrative Officer Submitted b~.~.{ffi,9- rie Marano, H.B.Sc., C.M.O. Director of Corporate Services MM\LAB\km 1201 , , J J J J J J J J J J J J J J J J J J J REPORT NO.: COO-Q15-Q4 PAGE 2 BACKGROUND AND COMMENT (cont'd) It is staff's opinion that in many cases information sharing and education of our supplier base is the key to success. Many small suppliers feel intimidated by the bidding process and do not fully understand tendering issues. Our local suppliers have a competitive local advantage and it is the objective of the Purchasing Division to utilize this advantage wherever possible. In order to continue the educational process and build on our success, the Municipality of Clarington will be hosting it's third "Supplier Information Nighr to be held on June 24th, 2004 at 7:00 pm at the Courtice Community Complex. This event will be advertised in local newspapers, on the Municipality of Clarington Website, and through the Clarington Board of Trade. In addition, personal invitations will be sent out based on our existing list of potential bidders as well as those listed in the Municipality's Business Directory. The evening will include speakers from the Municipality of Clarington, the Kawartha Pine Ridge District School Board, the Durham Purchasing Co-operative, Electronic Tender Network, Inc. and the Workplace Safety Insurance Board. It is hoped this unique opportunity will provide valuable .information to both currenf and prospective suppliers. Upon completion, this event will be evaluated and a summary report provided to Council. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1202 L L L l l L L L l L l L L L L l L L L # . CfNil1gton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 29, 2004 Report #: COD-016-04 File #_ By-law # Subject: CL2004-2, Electrical Services, Street and Park Lighting Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-16-04 be received; 2. THAT Langley Utilities Cont. Ltd., Bowmanville, Ontario, with hourly prices as indicated on Schedule "A" be awarded the contract to provide Electrical Services for Street and Park Lighting, as required by the Municipality of Clarington for the term March 31, 2004 through to March 30, 2007; and 3. THAT the funds expended be drawn from the respective years Street and Park Lighting Accounts: 7230-00101-0000, 7230-00201-0000 and 7603-00001-0137. Submitted by: ~p n Marano, H.B.So., C.M.D. Director of Corporate Se ices Reviewed by: U~~ . Franklin Wu, Chief Administrative Officer , ~ . 1.1 .~ } ~Fred Horvath, RDMR, RRFA, r Director of opeAatio C I' // / /J.I , 1203 . . . REPORT NO.: COD-016-04 PAGE 2 BACKGROUND AND COMMENT: Tenders were publicly advertised and issued to provide Electrical Services for Street and Park Lighting as required by the Municipality of Clarington for approximately March 2004 to March 2007. Subsequently, tenders were received and tabulated as per Schedule "A" attached. Note, in addition to the hourly rate quoted, prices were also submitted for various other items that may be required throughout the year. The prices shown on the bid summary are the items that reflect the greatest portion of the total annual expenditure. Although the pricing received from the second low bidder reflects a lower hourly rate for the Street Light Maintainer and the Pick-up truck I Equipment, calculations have verified that the hourly rates provided by Langley Utilities Contracting Ltd., reflect an overall low bid. In niost cases the hourly rates bid represent an average 6 % decrease to a 28% increase over the 2001 contract prices. The required funds will be drawn from the respective years Street Lighting account. For the information of Council, the Municipality of Clarington spent approximately $160,000.00 for Electrical Services on Street and Park Lighting (parts and labour) dUring the 2003 year. The increase in expenditures are a result of the ever increasing growth of subdivisions within the municipality. Currently, the municipality is maintaining approximately 4600 street lights. 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 Operations. After further review and analysis of the Bids by Purchasing and Operations, it is respectfully · recommended that Langley Utilities Cont. Ltd., Bowmanville, Ontario, be awarded the contract to provJde Electrical ServJces for Street and Park Lighting to the Municipality of Clarington 8S required. The subject firm has worked satisfactorily for the Municipality of Clarington in prior years. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 i9nAl J J J J J J J J J J J J J J J I J J J l: r .... ..' I r l L l L l l L L <C~ w<c s:E c:E w;:) :I:(/) oc (/)m L l l L L L l L l L ~ ~ o o N -I o D:: w C Z W .- w o z <C z w .- z <C :E .- :J: C) :J .- w w D:: .- en 0) co ...... CD It) 'lIl:t C'W') N ~ ... CI) " " .- m .. C II) Q) E ~Q) It!- D. ~ ~ o ~ o ..... ,>- ~~ ..... o o ,...: o ..... ... :3 0; ~ :3 ,...: ~ :3 ,...: (t) ... 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Submitted by: j~~ Reviewed by: franklin Wu, Chief Administrative Officer. NT/LB/hjl 1 L. L L 1'301 REPORT NO.: FND-006-04 PAGE 2 J J J j j j J j J J J J j J J J J J J Background and Comment: Pursuant to Sections 354, 357 and 358, of the Municipal Act, 2001, S.O. 2001,c. 24, a list of applications for cancellation, reduction or refund of taxes was presented to Committee for its review and duly approved. The total written oft under these sections for the year ending December 31,2003 was $31,477.65, as compared to $22,841.53 for the year 2002. In addition to these adjustments, the Municipality is required to process reductions due to Assessment Review Board, Ontario Municipal Board and Court decisions. These write-ofts, because they are by court decision, are irreversible and final, and are therefore written oft directly to the account. During 2003, the Municipality's share amounted to $121,835.39 plus an additional $13,708.16 for the Municipality's share of post-cut-oft capping adjustments resulting from these court decisions. The amounts for 2002 were $63,863.62 in taxes written oft and an additional $17,495.70 in post-cut-oft capping adjustments. Under Section 364 of the Municipal Act, the taxpayer is permitted to apply for a rebate of taxes paid on units held vacant in 2003. The cost to the Municipality for these rebates granted in 2003 totalled $11,044.48, as compared to $14,430.60 in 2002. Under Section 361 of the Municipal Act, the Municipality allows reduction in taxes to registered charities. The cost to the Municipality for these rebates granted in 2003 totalled $569.74 compared to $493.69 in 2002. The Municipality leases a number of properties that allow for payment of property taxes as a term of the lease. These taxes are written oft annually totalling $50,258.60 in 2003 and $36,667.46 in 2002. The Municipality was able to recover the Regional and School Board share of the taxes written oft in previous years. There was no recovery in 2003 and $6,827.27 in 2002. For the year ending December 31, 2003, the total taxes written off amount to $228,894.02 compared to $148,965.33 for 2002. The budget for this account was $100,000.00. 1302 .. REPORT NO.: FND-006-D4 PAGE 3 .. Conclusion: ... .. This report is for the information of Council and reflects the significant volume of activity relating to adjustments to taxpayers accounts. .. , L ! i.. l L L. L L L L L L " L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 L 1303 L J J j j J j J J J J j j J j J J J J J ... .. Cl!J!ilJglOn REPORT , II. FINANCE DEPARTMENT , ... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE '- Date: MONDAY, MARCH 29, 2004 Resolution #: L Report #: FND-007-04 File #: By-law #: i , I.. Subject: RAILWAY RIGHT OF WAY REVENUE - PROVINCIAL COMPENSATION IMPACT , ~ L L L L L L L L L L L Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT FND-007 -04 be received for information; 2. THAT the Province be requested to make a determination for 2003 and future years to instruct railways to pay the railway rights-of-way at the phased-in rates for the 2003 and subsequent years; 3. THAT the Province provide clear direction that the revenues at the appropriate phased-in rates for the Municipalities is assured; and 4. THAT this resolution be copied to Mr. John O'Toole, MPP, and the Minister of Finance. Submitted by: Nancy ayl,. Director of Finance .", Reviewed by: (]~..CJL". - Franklin Wu Chief Administrative Officer NMT/LB/hjl 1304 REPORT NO.: FND-007-04 PAGE 2 BACKGROUND 1.0 In 1998, the Province introduced a new regional tax rate per acre system for the railway right-of-ways (ROW). The intent was to work towards a uniform provincial average rate. The change was to be phased in over seven (7) years from 1999 to 2005. In 2001 and 2002, the municipal specific rates were frozen at the 2000 tax rate levels for ROWs being phased up to the mature regional rates. For both 2001 and 2002, the Province compensated the Municipality for the revenue losses associated with the ROW rate freeze. A copy of the Ministry's correspondence is attached for your review. For rates in municipalities that were declining, the rates were not frozen in order the railways received these savings. 2.0 The budget for the 2003 tax year was prepared based on ROW receipts at year 4 rates as prescribed under Ontario regulations 387-98 and 392-98. The ROWs were billed out to the effected railways at the full year 4 rate with reductions allowed to reduce the balance to the 2000 frozen level. At the time of billing, discussions with the Province resulted in no firm commitment to compensate the Municipality for the revenue losses in 2003. At the same time the railways were being advised to pay at the same rate they had paid in 2002. 3.0 Due to the change in governing parties in Ontario, the Ministry of Finance is unable as yet to provide the Municipality with a decision on ROW billings for 2003. 4.0 As a result, the Municipality currently has an outstanding account receivable for ROW in the amount of$177,914.07. The local municipal share of this is $66,554.82, the balance being the Region of Durham's share. It is unclear whom this payment will come from or when we can expect to receive the outstanding balance. There is also the continuing uncertainty for 2004 and subsequent years. 5.0 Discussions with Ministry staff indicate that no decision has been made. 6.0 To better manage the municipalities cash flow requirements and to stabilize any tax rate impact we need the Province to direct the railways to assume responsibility for the phased in rates pursuant to Ontario Regulations 387-98 and 392-98. There has been difficulty ,confirming whether there is any risk to the municipalities that the rates will be frozen but no compensation made to the municipalities for 2004 or whether the phase-in schedule would be revised over a longer time frame. In either case, a revenue reduction for Clarington would result. 7.0 For budget purposes, the applicable 2004 rates have been used. Should an unfavourable decision be made, the tax levy will have to be adjusted to make up for any shortfall. 1305 j J J J J J J j j J j J J J J J J j J I L. REPORT NO.: FND-007-04 PAGE 3 L L Attachment: letter from Ministry of Finance L I ... Copies to: 'L L L Mr. John Dennis, Provincial Local Ministry of Finance Provincial - Local Finance Secretariat '10th Floor, 777 Bay Street Toronto, Ontario M5G 2C8 L L Mr. John O'Toole, MPP 75 King Street East Bowmanville, Ontario L l.C 1 N4 L ! La L L \ ... I .. L CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 L 1306 , L. Ministrv of Finance Provincial.Local Finance Secretariat 10. .Floor 7T.1 Bay Street Toronto ON MSG 2C8 Tel (416) 327.0164 Fax (416) 325-7644 Attachment FND-007 -04 ~ Ontario Minist~re des Finances Secretariat des relations provinc:iales. municipales en mati~re de fmances 10" etage 777 rue Bay Toronto ON M5G 2C8 Tile. (416) 327-0264 Telic:. (416) 325-7644 February 25,2003 1n)~1W~ mr ':.~IS2{IJ1;e/if'.: ::' .Aff 1 ,', '~11 /J/ 11lJNICI ;, laoS ~i P/J,LI,~, ~_ , VI-CL '=INANe; ARINGrOliJ Ms. Nancy Taylor Director of FinancefTreasurer The Municipality of Clarington 40 Temperance Street B6wmanville, ON L 1 C 3A6 Dear Ms. Taylor: I am writing in respect of the railway right of way (ROW) compensation payments for the 2002 tax year. As you may know, the province introduced a new regional tax rate per acre system for ROWs in 1998~ Movementto the mature regional ROW rates was to be phased in over 7 years from 1999 to 2005. In 2001, the firm specific rates were frozen at 2000 tax rate levels for ROWs being phased up to the mature regional rates. The treatment of ROWs being phased down to the mature regional ROW rates was unaffected. The freeze was extended to the 2002 tax year by Ontario Regulation 387/98. As in 2001, the province is compensating municipalities for the revenue losses associated with the ROW rate freeze for 2002. The ROW compensation payments for the 2002 tax year were recently delivered to your municipality by wire transfer. The composition of the payment is set out below. Base 2002 Amount 2001 Adjustment Total Payment $ 117,270.42 $ 304.57 $ 117,574.99 AS in 2001, this amount must be shared with your upper tier municipality on the same basis as ROW revenues are shared with the--upper-tier under section 368.3 of the Muni~ipal Act. The compensation should not be shared with school boards as the Ministry of Education is directly compensating the boards through increased education grants. 1307 j J j J J j J J J J J J J j .J J J J J I^ L L L L Municipal Treasurers Page 2 ! "- For most municipalities, the 2002 payr:nent will be approximately double the 2001 payment. This is because the compensation is based on the difference between the firm specific 2002 tax rate that would have been in effect in the absence of the freeze and the firm specific frozen 2000 tax rate. However, some variances will occur due to year to year acreage differences that occur as a result of line expansions, abandonments and sales to third parties. (ROWs that have been sold to new owners move immediately to the mature regional rates). The 2002 base amount also reflects the 2002 portion of the 2001 adjustment amount. L L L L The initial 2001 payment was based on preliminary acreage information as the year over year acreage differences on the assessment roll could not be confirmed prior to payment delivery. The 2001 adjustment amount reflects a CNR line expansion of 3.57 acres. Municipalities will be notified about the decision regarding 2003 tax rates in the near future. t L. L L L L L L Please direct all inquiries about these payments to John Dennis, Provincial Local Finance Secretariat, Ministry of Finance at 416-327-0272 or byemail at John. Dennis@fin.gov.on.ca. It; ~/,(;I Nancy Naylor Assistant Deputy Minister g ill. L 1308 L J J J J J J J J J J J J J J J J J J J L L L L C&r._ll REPORT FINANCE DEPARTMENT !' L. L L Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, MARCH 29, 2004 Resolution #: Report #: FND-008-04 File #: By-law #: Subject: MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2003 L f L. Recommendations: L L L L L L L It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report FND-OOB-04 be received for information. Submitted by: Reviewed by: () ~-~ Franklin Wu, Chief Administrative Officer. NT/RB/hjl L ! L 1309 ! L REPORT NO.: FND-OOS-04 PAGE 2 J J J BACKGROUND Appended hereto, please find schedule detailing the compensation paid to each Member of Council J.' during 2003 as required by the Municipal Act, S.D. 2001, c.25, Section 283. Also attached isa schedul ,. detailing compensation paid to Clarington's representatives on the Veridian Board of Directors. J As per Resolution #GPA-455-95, passed by Council on July 17,1995, attached is the Regional Municipality of Durham Report #2004-F-19 detailing the remuneration and expenses of the Members of J Council and Regional Council appointees to local boards. J J J J Attachments: Attachment #1-Remuneration & Expenses for Mayor & Councillors-January 1 to November 30,2003 J Attachment #2-Remuneration & Expenses for Mayor & Councillors-December 1 to December 31,2003 ' Attachment #3-Remuneration & Expenses for Members of Veridian Corporation-January 1 to December 31, 2003 J Attachment #4 - 2004-F-19 Regional Report · J J CORPORATION OF THE MUNICIPALITY OF CLARINGTO~I 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169.1 1310 J J J .J ! L L l ...... '**' L - c Q) E .c o Cll ~ L rn w rn Z w ~ >< w ~ ZM og ~~ I1:M w~ z.c :J E :! ~ WO I1:z . 0 rn- I1:S 00 .J~ .J.... -~ (.) ftl Z ::s :J C o~ (.) ~ 11: o ~ :! L L i 1.. t I .. I I ... L L L L L L I .... ! II. 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O)O)T"" NNto- a:ia:i.... 01.O~ 0) 0) to- cicio tR- .... ~ c:en5 ~~c: :;] 0 co ~Ci5> -:l!ic; 0) C"! 0) o ~ o ('I) tR- ~ I- ('I) ~ ('oj 0) N ~ tR- 0) 1.0 'li .... co tR- to- O) 'li 0) to- .... tR- 0) co 'li to- ('I). T"" tR- c: o :;:; co "0 o E E o g co ... Q "0 c: co m ~ c: o :;:; ~ - . en en ,- m 0'1 en ~ c: ... m .E~ c: CIl co- :0 0 'C - m c: > m >,E J:l m m ... "0 ::::l coJ:l E ,5 en ~ -- c: u m m E .= >,"0 co en Q.m m= "0 CIl .:! ~ U en .f: m en ~ Z en ~ c: ~ ~ c: o () 1313 ui m ~ co ~ U en ::::l o m C .!2 B en 'E "0 c: co ~ ~ 'n; iii ro m E 0; c: 32 ... m Q. en m "0 ::::l C3 c: ...: CI.! (!) en m "0 :;] C3 x m ... m ~ (5 en m en C :g, x W The Regional Municipality of Durham Attachment #4 Report to: The Finance and Administration Committee From: RJ. Clapp, Commissioner of Finance Report No.: 2004-F- 19 Date: March 17,2004 SUBJECT: The Remuneration and Expenses in 2003 of Members of Regional Council and Regional Council Appointees to Local Boards, as Required by Section 284(1) of the Municipal Act, RS.O. (2001) RECOMMENDATION: The Finance and Administration Committee recommend that this report be submitted to Regional Council for information. REPORT: As required by Section 284 (1) of the Municipal Act, RS.O. (2001), I have prepared a statement of the remuneration and expenses that were paid in 2003 to Regional Councillors and Regional Council Appointees. (See attached Schedules 1 to 3 respectively). The information concerning Regional Council appointees was obtained directly from the Local Boards, with the exception of the Durham Region Police Services Board, 9-1-1 Management Board, Durham Regional Local Housing Corporation and the Land Division Committee, whose accounting records are maintained by the Regional Finance Department. K,--c" 0" RJ. Clapp, CA Commissioner of Finance Attach. dlk\2004reports\Remuneralion2003 1314 J J j J J J J J J J J J J J J J J j J l L I t. L L SCHEDULE 1 REGIONAL COUNCIL MEMBERS 2003 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS MEMBERS REMUNERATION SEVERANCE MILEAGE & MEETINGS !QIAL $ $ $ $ $ Aker, C. (9) 25,061.18 25,061.18 Arthurs, W. (6) 25,681.04 438.26 26,119.30 Boychyn, R. (5) 16,101.18 24,033.24 1,907.46 42,041.88 Brenner, M. 27,333.18 725.31 28,058.49 Brunelle, M. (8) 27,833.18 473.80 '28,306.98 Carruthers, K. 27,333.18 789.19 879,96 29,002.33 Clarke, C. 27,333.18 1,151.27 28,484.45 Clayton, T. (9) 25,061.18 1,156.30 26,217.48 Crawford, S. 27,333.18 2,296.61 29,629.79 Cullen, A. (10) 2,272.00 2,272.00 Diamond, N. (9) 25,061.18 25,061.18 Drumm. J. 27,333.18 1,869.04 29,202.22 Emm.G. 27,333.18 1,165.19 28,498.37 Gray, J. 27,333.18 27,333.18 Holland, M. 27,333.18 829.62 28,162.80 Johnson, R. (7) 32,892.49 2,035.36 1,712.13 36,639.98 Jordan, C. (10) 2,272.00 2,272.00 KOlodzie, J. (5) 11.232.00 11,232.00 Lutczyk, R. (10) 2,272.00 2,272.00 McMaster, J. (7) (9) 30,620.49 22,176.00 606.45 1,581.97 54,984.91 Moffatt, D. (9) 25,061.18 1,199.15 2,107.79 28,368.12 Mutton, J. (8) 27,833.18 600.39 164.28 28,597.85 Neal, J. 27,333.18 1,132.78 28,465.96 Nicholson, B. (10) 2,272.00 2,272.00 O'Connor, G. (8) 27,833.18 720.46 28,553.64 O'Connor, L. (7) 32,892.49 1,835.41 1,202.30 35,930.20 Parish, S. 27,333.18 27,333.18 Pearce, M. (10) 2,272.00 2,272.00 Perkins, P. (8) 27,833.18 27,833.18 Pidwerbecki, N. 27,333.18 27,333.18 Ryan, D. (10) 2,272.00 2,272.00 Schell, J. 27,333.18 507.39 29.99 27,870.56 Self, S. 27,333.18 768.97 1,157.11 29,259.26 Shier, K. (10) 2,272.00 2,272.00 Trim,C. 27,333.18 842,97 1,255.81 29,431.96 Young, W. (9) 25,061.18 2,934.85 27,996.03 784,626.83 46,209.24 13,055.23 23,022.34 866,913.64 , L. L L ! L L L , t ~ L L L L t I ... L 1315 \ " < L. REGIONAL COUNCIL MEMBERS 2003 REMUNERATION AND EXPENSES REGIONAL CHAIR REMUNERATION $ SEVERANCE $ AUTOMOTIVE EXPENSES $ CONFERENCES, CONVENTIONS, & MEETINGS $ 101,369.22 4,092.63 24,521.63 Anderson, R. (11) , NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2003 REMUNERATION AND EXPENSES (1 ) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Remuneration to the Regional Chair and Councillors is authorized by by-laws #85-2001, #50-95, and #61-93. The Regional Chair is provided with an automobile and is reimbursed fpr actual expenses incurred. Regional Councillors are reimbursed as follows: Mileage - based .on a rate per kilometre. Conferences, Meetings, etc. . a rate of SSO/day for meals, etc. without receipts prior to September 1, 2003 and $60/day thereafter; however, if the daily rate is insufficient, actual expenses are reimbursed. Accommodation, registration, etc. - reimbursed based on actual receipts. Expenses relating to Regional Council Study Sessions and ITER trips are not Induded in this statement. R. Boychyn resigned from Council effective August 4, 2003 and was replaced by J. KoIodzie. W. Arthur's term of Council ended October 8, 2003.(lnduding Committee Chair from January 1, 2003 to October 8, 2003) Denotes Regional Committee Chair for the period January 2003 to November 2003. Denotes Regional Committee Chair for the period December 2003. Denotes Regional Councillor for the period January 2003 to November 2003 only. Denotes Regional Councillor for December 2003 only. R. Anderson was appointed to the DRPSB in place of R. Boychyn effective September 10, 2003. 1316 J SCHEDULE 1 J (continued) J J mr&. $ J 129,983.48 J J J J J J J J J J J J j J L L L L L SCHEDULE 2 REGIONAL COUNCIL MEMBERS 2003 COMPENSATION PAID IN LIEU OF PENSION PLAN REGIONAL COUNCIL MEMBERS IN LIEU OF PENSION. PRIOR YEARlSl SERVICE $ L Aker, C. Arthurs, W. Boychyn, R. Brenner, M. Brunelle, M. Carruthers, K. Clarke, C. Crawford, S. Diamond, N. Drumm, J. ,Emm,G. Gray, J. Holland, M. Johnson, R. McMaster, J. Moffatt, D. Mutton, J. Neal, J. O'Connor, G. O'Connor, L. Parish, S, Perkins, P. Pidwerbecki, N. Schell, J. Self, S. Trim, C. Young, W. 1,309.34 2,892.35 1,608.30 1,309.34 1,309.34 1,309.34 1,309.34 1,309.34 5,678.88 12,309.34 ~ ,309.34 1,309.34 1 ,309.34 1,608.30 3,139.32 1,608.30 1 ,309.34 2,689.01 1,309.34 1,608.30 1,309.34 1,309,34 1,309.34 1,309.34 1 ,309.34 1 ,309.34 1,309.34 56,710.22 L L L L L L L L L L REGIONAL CHAIR IN LIEU OF PENSION. PRIOR YEAR SERVICE $ Anderson, R. 4,855.85 NOTES TO SCHEDULE OF REGIONAL COUNCIL MEMBERS 2003 COMPENSATION PAYMENT IN LIEU OF PENSION PLAN 1) Pursuant to by-law 85-2001, members of Regional Council, including the Chair, are entitled to compensation in lieu of a pension plan. 2) Payment is made upon direction received from the Council member, and may represent payments for more than one year of prior service. L L L 1317 J J J J J J J J J J J J j J j J J J J SCHEDULE 3 REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2003 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS, APPOINTEES REMUNERATION MILEAGE & MEETINGS mI& $ $ $ $ Central Lake Ontario Conservation Authority Aker, C. 300.00 300.00 Boychyn, R. 200.00 200.00 Crawford, S. 450.00 110.16 560.16 Drumm, J. 350.00 50.40 400.40 Emm,G. 450.00 129.60 579.60 Gray, J. 400.00 400.00 Johnson, R. 3,000.00 216.00 3,216.00 KoIodzie, J. 200.00 200.00 Moffatt, D. 350.00 211.68 561.68 Neal,J. 450.00 450.00 Perkins, P. 450.00 90.72 540.72 Rowe, J. 400.00 48.96 448.96 Schell, J. SOO.OO 158.40 658.40 7,500,00 1,015.92 8,515.92 Ganaraska Region Conservation Authority Mutton, J. 2,280.00 539.70 2,819.70 Trim, C. 400.00 254.10 654.10 2,680.00 793,80 3,473.80 Kawartha Region Conservation Authority Carruthers, K. 250,00 148.00 398.00 Gray, H. 150.00 150.00 Pearce. M. 250.00 185.00 435.00 Rowe, J. 250.00 270.47 520.47 900.00 603.47 1,503.47 Lake Simcoe Region Conservation Authority Corrigan, L. 740.40 398.40 1,138.80 Lodwick, H. 1,110.60 612,00 1,722.60 Self, S. 987.20 292.20 1,279.40 2,838.20 1,302.60 4, 140.80 Toronto & Region Conservation Authority McMaster, J. 2,508.00 1,097.50 3,605.50 o'Connor, G. 912.00 904.00 1,816.00 Ryan, D. 608.00 270.00 878.00 4,028.00 2,271.50 6,299.50 131.8 L SCHEDULE 3 (continued) L REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS 2003 REMUNERATION AND EXPENSES CONFERENCES, REGIONAL COUNCIL CONVENTIONS, APPOINTEES REMUNERATION MILEAGE & MEETINGS IQ!Al.. $ $ $ $ Durham Haliburton Kawartha & Pine Ridge District Health Council Neal,J. 316.20 316.20 Perkins, P. Jordan, C. - - 316.20 316.20 Durham Region Non.profit Housing Corporation Anderson, R Brenner, M. 6,000.00 2,697.19 8,697.19 McMaster, J. 996.46 996.46 Johnson, R. 2,038.31 2,038.31 O'Connor, L 1,645.60 1,645.60 Perkins, P. - - - 6,000.00 7,377.56 13,377.56 Land Division Committee Collins, J. 1,650.00 714.00 9.67 2,373.67 Evans, L 2,250.00 683.27 49.32 2,982.59 Fisher, L 2,816.67 511.84 24.89 3,353.40 Graham, H. 2,490.00 525.19 72.44 3,087.63 Hedge, M. 2,250.00 276.14 60.32 2,586.46 Komamicki, J.M. 1,950.00 473.84 56.30 2,480.14 Kudla, W. 1,350.00 313.33 19.56 1,682.89 Sullivan, D. 3,185.00 240.97 11.77 3,437.74 17,941.67 3, 738.58 304.27 21,984,52 Durham Region Police Services Board Anderson, R. 1,873.90 1,873.90 Ashe, K. 5,250.00 1,370.37 4,456.80 11,077.17 Boychyn, R. 3,587.50 117.25 2,718.65 6,423.40 Drumm, J. 500.00 500.00 Holland, M. 500.00 500.00 Moffatt, D. 5,559.31 261.99 3,763.20 9,584.50 17,270.71 1,749.61 10,938,65 29,958.97 \ L. \ L ~ 1.. l L' L l '-- L L L L , I ~ I ... NOTE TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS: No remuneration or expenses were paid to Regional Council appointees to the Lakeridge Health Corporation, 9-1-1 Management Board, the Greater Toronto Marketing Alliance, the Lynde Marsh Alliance, Rouge Park Alliance, the Greater Toronto Transit Authority, the Durham Regional Local Housing Corporation, or the Business Advisory Centre Durham. 1.. l 1319 a.. J j j j J j J J J J ,J j J J j J J J J .. ~ ClWilJgtnn REPORT .. ADMINISTRATION "- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ... Date: Monday, March 29, 2004 Report #: ADM-03-04 File #: By-law #: il. Subject: HEALTH AND SAFETY COMMITTEE I ... il. 2. ... 3. I.. ~ 4. "- 5. ... RECOMMENDATIONS: 1. That ADM-03-04 be received; That the attached By-law (Attachment #1), and Policy Statement (Attachment #2) be recommended to Council for approval; That the revised Terms of Reference (Attachment #3) as endorsed by the C.U.P.E., Local 74 President for Inside and Outside, the Fire Association, Local 3139 President, the two Co-Chairs of the Health and Safety Committee and the Chief Administrative Officer, and which may be amended from time to time by the Joint Committee, be endorsed by Council. That a copy of this report and By-Law with attachments be posted in each workplace. That a copy of this report and By-Law be submitted to the Ministry of Labour for review and endorsement. .. SUbmittedbYO~~ Franklin Wu, Chief Administrative Officer I.. Attach. 1 - By-law Attach. 2 - Policy Statement l. Attach. 3 - Terms of Reference .. ... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-5717 ... 1401 REPORT NO.: ADM 03-04 PAGE 2 BACKGROUND AND COMMENT Section 9 (2) of the Occupational Health and Safety Act, 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, in reviewing past workplace injuries in each Department and to ensure adequate representation in our outside facilities, 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 (Outside Facilities) 2 Members from Emergency Services 2 Members from Operations Please note that the two members indicates - 1 affiliated member and 1 non-affiliated member. 1402 J j J J J j J j J J j 1 .J j J J J J J J ... .. .. .. .. ... .. .. i.. ... ... ... .. ... .. .. ... .... ... REPORT NO.: ADM 03-04 PAGE 3 It is recommended that there be an alternate for each member. It is further recommended that there be no maximum restrictions on the number of members or alternates. 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. It is therefore essential that Department Heads encourage their employees to fully fulfil their role as a Joint Health and Safety Committee member. The Joint Occupational Health and Safety Committee is a legislated committee that is integral 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. 1403 .J REPORT NO.: ADM 03-04 PAGE 4 I .J J J j J J J J j j J J J J J J J J 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 be by approval of Council, however, the Terms of Reference may be amended from time to time by Gommittee recommendation to the Chief Administrative Officer. If amended the Terms of reference will be posted as amended. 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. 1404 ... lilt ATTACHMENT NO.1 TO REPORT ADM 03..04 ... ... 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 I lilt THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: ... 1. i.. 2. That the Mayor and Council approve the, attached Policy Statement (Attachment #2). ... THAT the Mayor and Council approve the attached Terms of References (Attachment #3) 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, however there is no restriction on the maximum number of' committee members, .. i.. By-law read a first and second time this day of ,2004. lilt By-law read a third time and passed this day of ,2004. I .. lilt irrII John Mutton, Mayor II. Patti L. Barrie, Municipal Clerk .... .. 1405 lilt J A TT ACHMENT NO.2 TO REPORT ADM 03-04 j J J j .J At all workplaces it is the responsibility ofthe management to fulfill the commitments set forth in J,. this policy. All workers must protect his / her own safety and must personally conduct themselves in a manner, which will promote safe work practices and procedures. J J J 1. MUNICIPALITY OF CLARINGTON - HEALTH AND SAFETY POLICY J The Mayor, Council and Management of the Corporation of the Municipality ofClarington are committed to the Health and Safety of its workers. It is the policy of the Municipality to provide safe equipment, safe practices and a safe work environment to all workplaces of the Corporation. The Corporation will provide and maintain a safe and healthy work environment in compliance with the Occupational Health and Safety Act and all pertinent regulations. It is our belief that accidents and injuries can be prevented. The prevention of accidents is an objective affecting all levels of the organization and its activities. Mayor Clerk 1406 J J J J J J J 2 J ... .. ... ... .... .... ... ... - ... ... ... ... ... - - ... ... ... 1. MUNICIPAL HEALTH AND SAFETY PROGRAM The Municipality of Clarington, through its various Departments, will demonstrate the development, implementation and maintenance of a comprehensive health and safety program through the following initiatives. 1. Safety Manual Provide a users manual for all municipal equipment, tools and processes and identify equipment and procedures, which require instruction, training or certification. 2, Compliance Promote awareness and compliance of all workers with, legislation including the Occupational Health and Safety Act and Workers Compensation Act. 3. Safety Responsibility Reinforce the Municipality's commitment to the Health and Safety Program and to establish ongoing training programs to educate employees and promote awareness and to meet regularly with workers 4. Workplace Inspections To train, implement and ensure adherence to the procedure for the timely reporting of dangerous situations and the implementation of corrective measures through regular workplace inspections by identifying and evaluating, potential and actual hazards to protect the worker. 5. Accident Investigation Procedure To train, implement and ensure adherence to the appropriate accident investigation procedures is the responsibility of all Department Heads and / or designates in compliance with the Occupational Health and Safety Act. Implement a thorough accident investigation procedure involving the Department Heads and the Joint Health and Safety Committee (Certified Members) to ensure the complete, objective and co-operative investigation to identify its causes and consequences and submit recommendations. 6, Education and Training Develop, implement and evaluate worker training programs and review procedures annually with the Joint Health and Safety Committee which will assist management and supervisors in the implementation and maintenance of a safe work environment. 1407 3 J J J To train, implement and ensure adherence to the policy and procedure to include minimum health and safety requirements for contractors prior to being hired by the Municipality to be .1.. consistent with municipal procedures and to include procedure for warning and / or stop work orders to be followed should any contractor violate the established requirements. 7. Contractor Safety J To train, implement and ensure adherence to the policy and procedure dealing with all types of j... workplace harassment. J .J J J .J 8. Workplace Harassment 9. Municipality Injury Frequency - Assessment Program Participation in a voluntary reporting program which provides relevant statistical information on a municipal service basis. 1408 j J J j J J J 4J l.. .. ATTACHMENT #3 TO REPORT ADM 03-04 .. TERMS OF REFERENCE FOR THE STRUCTURE & FUNCTION OF A .. MULTI-WORKPLACE JOINT HEALTH & SAFETY COMMITTEE FOR ... WORKPLACES LISTED IN APPENDIX nA" .. AS AGREED BETWEEN ilia ilia 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 ... .. 1409- ... 1410 J j J J J j J J j J J J J J J J J J J 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 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 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 supervisor before bringing it to the attention of the Joint Committee. 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 500/0 non-affiliated and 500/0 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 (outside facilities), 2 members from Emergency and Fire Services, 2 members from Operations, as well as alternates. ... ... ... 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. (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. ... ... ... - ... .... ... 1.411. ... (d) to deal with any occupational health and safety matter that the Joint Committee deems appropriate. 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 at least 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. 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. 2.5 Committee members shall be entitled to one (1) hour or such longer period of time as the Joint Committee determines is necessary to conduct workplace inspections. Investigations 2.6 The co-chairs will be advised of workplace accidents and assign member(s) to investigate and fill in appropriate documents. 1.412 J J J J J J J j J J J J j j J j .J J J '- .. il. 2.7 Near miss accidents* must be reported on an incident report, and may be investigated by the Joint Committee, or Co-Chair. *Near miss accidents are defined as incidents or unusual occurrences in the workplace that could have resulted in harm to persons or property if circumstances had been slightly different. ... - ... 2.8 All incidents, near misses and critical injury accidents must be reported to the Department Head, the Joint Health and Safety Co- chairs and copied to the CAO (for informational purposes), 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. ... ... ... 1413 ... Quorum J J J j J J j j J j J J J 3.4 Monthly Joint Committee meetings should not exceed 2 hours in 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. 3.6 The Joint Committee shall have a quorum of (500/0+1) members 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 work, in accordance with the Act, and the time spent is to be considered as time at work. Mayor '1 .J j j J J J Clerk :1.414 ... "'e t. .. .. ill. lr. llIIII , .. Ie llIIII ilIlIt llIIII ... ... .. llIIII -- ... ... J> , . These Terms of Reference are endorsed by signatures. signed at Ont., this day of 2004. For the Employer (N on-affiliated) For the Workers O~~ II ;1 CAO Franklin Wu t CUPE Inside, utside President _/9/J(~ J~ ;Jd- Co-Chair Non-Affiliated Fire Association, Local 3139 President a:,~ Co-Chair Affiliated 1 4 \ 5 j J J J j J j j J J J j j j I J j , .J J J