The URL can be used to link to this page

Home My WebLink About10/04/1999 .. .. ... - ... _ C]!ari;'gt;;n ONTARIO GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: OCTOBER 4, 1999 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL - 2. DISCLOSURES OF PECUNIARY INTEREST - 3. MINUTES ... 4. (a) .. (b) .. (c) - (d) .. .. (e) .. (f) - 5. PLANNING AND DEVELOPMENT DEPARTMENT (a) .. ... (b) - (a) Minutes of a Regular Meeting of September 20, 1999 DELEGATIONS Carol Hopps, Committee of Clarke Constituents, 4495 Concession Road 4, Newtonville, LOA 1JO - Report PD-109-99 Richard Lovekin, 196 Lovekin Road, R.R. #8, Newcastle, L 1 B 1 L9 - Report PD-109-99 Sam Cureatz, 104 James Street West, Newcastle, L 1 B 1 C6 _ Report PD-1 09-99 Anthony Biglieri, Plantactics Group Ltd., 28 Bellefair Avenue, Toronto, M4L 3T8 - Report PD-1 09-99 Linda Gasser, P.O. Box 399, 7421 Best Road, Orono, LOB 1 MO - Report PD-111-99 Glenn Genge, D. G. Biddle & Associates Ltd., 96 King Street East, Oshawa, L 1 H 1 B6 - Black Creek Developments - Wetland Mapping PD-109-99 Deferrals 19 and 39 to the Clarington Official Plan Walter and James Hale File: PLN 32.11.9 PD-110-99 301 601 Removal of Part Lot Control (40M-1976) Appl icant: Clarnew Developments Part Lot 27, Concession 1, Former Village of Newcastle File: ZBA 99-034 (X-REF: 18T-88061) 609 @ - CORPORATION OF THE MUNICIPALITY OF CLARINGTON ",) rEM PER A NeE S T R E E T . B 0 >IV M A . , , 0 N TAR I 0 . Lie 3 A 6 . (90 5) f 7 ' , . FAX 6 2 3 -l 1 69 I,V~Pr:' .'oj'/, oN munlCloallty clarlnglon on ca RECYCLED PAPER ... G.P.& A. Agenda - 2 - October 4, 1999 IllIiI (c) PD-111-99 Proposed Amendment to the Durham Regional Official Plan Respecting Communal Water and Sewer Services File: ROPA 99-005 IIIIlii 615 IllIiI (d) PD-112-99 Monitoring of the Decisions of the Committee of Adjustment for the Meeting of September 23, 1999 File No's.: A99/042 & A99/048 to A99/052, Inclusive ... 629 IllIiI 6. CLERK'S DEPARTMENT (a) IlIIi CD-34-99 Parking Enforcement Report for the Month of August, 1 999 701 (b) .. CD-37-99 Amendments to Skateboard and Bicycle By-law 702 (c) CD-38-99 Appointment of Parking Enforcement Officers 704 .. (d) CD-39-99 Request for Exemption from Requirements of the Municipality's Fencing By-law 709 ... ... 801 IIlIII 7. TREASURY DEPARTMENT (a) TR-57-99 Co-operative Tender 99-FI-02 Domestic Fuel Oil 1999/2000 8. FIRE DEPARTMENT No Reports I11III 9. COMMUNITY SERVICES DEPARTMENT IllIiI No Reports 10. PUBLIC WORKS DEPARTMENT IllIiI (a) WD-37-99 Orono Mill Pond Dam - Transfer of Ownership to Municipality ... 1101 11. ADMINISTRATION IIIIlii No Reports .. III .. .. G.P.& A. Agenda 12. UNFINISHED BUSINESS ... (a) CD-36-99 - 13. OTHER BUSINESS - 14. ADJOURNMENT .. .. - .. .. .. .. .. - .. .. .. .. .. - 3 - October 4, 1999 Declaration of Vicious Dog - Holkema (Tabled at Council September 27, 1999) 1301 .. .. THE MUNICIPALITY OF CLARlNGTON General Purpose and Administration Committee September 20, 1999 - - Minutes of a meeting of the General Purpose and Administration Committee held on Monday, September 20, 1999 at 9:30 a.m.. in the Council Chambers, ROLL CALL - Present Were: Mayor D, Hamre Councillor J, Mutton Councillor M. Novak Councillor 1. Rowe Councillor 1. Schell Councillor C. Trim Councillor T. Young (at 9:50 a.m,) - - Also Present: Chief Administrative Officer, F. Wu Director of Community Services, 1. Caruana (until II :25 a.m.) Fire Chief, M. Creighton (until II :25 a.m.) Treasurer, M. Marano Manager, Development Review Branch, Planning Department, L. Taylor (until II :25 a.m.) Director of Public Works, S. Vokes (until II :25 a.m.) Deputy Clerk, M. Knight Stanley - - - Mayor Hamre chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST .. Councillor Rowe indicated that she would be disclosing a pecuniary interest with respect to Report WD-36-99. MINUTES Councillor Novak indicated later in the meeting, a pecuniary interest with respect to the delegation of Libby Racansky. - .. Resolution #GPA-420-99 Moved by Councillor Mutton, seconded by Councillor Schell ... THA T the minutes of a regular meeting of the General Purpose and Administration Committee held on August 30, 1999, be approved. .. "CARRIED" - Mayor Hamre indicated that the following events held in the Municipality of Clarington over the weekend received great attendance and participation from our citizens: Terry Fox Run, Country Side Adventure, Archibald's Millenium Wine and the Orono Fall Festival. .. ... - \ 1 I i G.P. & A. Minutes DELEGA TIONS - 2 - ... September 20, 1999 ... (a) Sam Cureatz appeared on behalf of Richard Lovekin, 196 Lovekin Road, R.R. #8, .. Newcastle, LIB 1 L9- re: Report PD-I 04-99 and advised that his client will be making application to the Municipality of Clarington. (b) Terry Caswell, Committee of Clarke Constituents, 4555 County Road #4, Newtonville, LOA lJO re: Report PD-I 04-99- expressed concern pertaining the following: III · Hours of operation · Transportation Routes and over usage of rural roads · Materials being stored on the site (refrigerators and stoves) · Daily tonnage and related transportation carriers · Negative effect on Crooked Creek .. .. Ms. Caswell requested that full disclosure be made to all affected parties and that an extensive environmental assessment hearing be held. .. (c) Teri McKenzie, Committee of Clarke Constituents, 4555 County Road #4, Newtonville, LOA lJO expressed the following concerns pertaining to Report PD-I04-99: II1II · Inadequate Public Notice · Proponents have little regard for regulations · Inadequate Roads · Safety of Pedestrians and School Children · Offensive odours associated with the transportation of garbage · Noise generated by the garbage compactors · Heavy vehicular traffic to and from the site .. .. ~ Ms. McKenzie requested that this application be rejected outright and that an independent environmental audit of the site be made on how this operation is presently being managed, because it appears that refrigerators and stoves are stored on the site. .. (d) Sharon Steele, Newtonville Parents Association, 4443 Highway 2, Newtonville, LOA IJO read the contents of a letter from the Newtonville Parent Association pertaining to Report PD-I 04-99, stating concerns pertaining to the safety of the school children. There will be an increase of approximately 60 trucks daily driving in front of the school during the early morning and school dismissal times. She suggested that approving this application is an invitation for disastrous accidents. "" ... (e) Sam L. Cureatz, 104 James Street west, Newcastle, LIB tC6 - re: Report PD-104-99 addressed Members of the Committee earlier in the meeting, see delegation (a). ... (f) John Hill, Remax Real Estate - re: Report PD-I 08-99 appeared on behalf of Dick V ooys, 2304 Trulls Road, Courtice, LIE 2N2 and requested that a 6- foot chain link fence be installed all around his client's property prior to commencement of construction. .. .. llIIIi .. ,).J .. G.P. & A. Minutes - DELEGA TIONS CONT'D. - - ... - - - - ... PUBLIC MEETINGS ... - .. ... - .. .. - - - .J - September 20, 1999 (g) Nick Mensink, GM Sernas, 110 Scotia Court, Unit 10, Whitby, LIN 8Y7 - re: Report PD-I 08-99 advised that he has been actively working with staff on this application and that his client is willing to address the request made by Mr. Vooys for the installation of the chain link fence all around the property prior to construction. Councillor Novak stated a pecuniary interest with respect to the delegation of Libby Racansky; vacated her chair and refrained from discussion and voting on the subject matter. Relatives of Councillor Novak's reside in the vicinity of an area referenced in the delegation. (h) Libby Racansky, 3200 Hancock Road, Courtice, LIE 2MI and Chris Conti, 10 King Street, Port Hope, LIA 2R4 - re: Court ice Wetlands. With an overhead projector. a map of the Black-Farewell wetlands was displayed. Mr. Conti noted that these wetlands are the largest in the Greater Toronto Area. The following were requested: · A review of the OMB decision on the Hancock Neighbourhood; · That consent from the Planning Department and the owner of Birchdale Development lands be sent to the Ministry of Natural Resources to complete the evaluation of the wetlands in the vicinity of George Reynolds Drive, especially the southern part; and · Insure that the Ministry of Natural Resources recommendations are followed and that special by-laws are introduced for the protection of the wetland functions. Councillor Novak chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of Cia ring ton, through its General Purpose and Administration Committee, is holding a Public Meeting for the following application: (a) Rezoning Application, Township of Clarke. 4503 Highway 2, Newtonville _ Sam L. Cureatz, on Behalf of James W. Hale in trust The Clerk's Department sent public notice for the rezoning application by first class mail on or before August 20, 1999, to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment records. In addition, notices were also posted on the site prior to August 20, 1999. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-l 02-99, Sam Cureatz on behalf of James William Hale - the purpose and effect of the application is to permit the severance of two 0.20 ha lots and one 0.19 ha lot for residential purpose. No one spoke in opposition to or in support of this application. \ ' ~ G.P. & A. Minutes - .+ - ... September 20, 1999 PUBLIC MEETINGS CONT'D. ... Sam Cureatz appeared on behalf of the applicant and advised that the issue of the number of septic systems is being addressed by the applicant through the Health Department. .. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Application Sam Cureatz Neighbourhood Design Plan File: PLN 31.5.4 Application For Amendment to Provisional Certificate of Approval - Newcastle Recycling Limited File No.: PLN. 33.5 .. Resolution #GPA-42l-99 Moved by Councillor Schell, seconded by Councillor Trim ..., THAT Report PD-l 02-99 be received; THA T the application to amend the Zoning By-law to permit the development of three lots for residential use be referred back to Staff for further processing and the preparation of a subsequent report; and .. THA T all interested parties listed in Report PD-l 02-99 and any delegations be advised of Council's decision. ... "CARRIED" Resolution #GPA-422-99 ... Moved by Councillor Rowe, seconded by Councillor Mutton .. THA T Report PD-I 03-99 be received; and THA T a copy of Council's decision be forwarded to all interested parties. ... "CARRIED" . Resolution #GPA-423-99 Moved by Councillor Trim, seconded by Councillor Schell .. THAT Report PD-l 04-99 be received; THA T the Ministry of the Environment Approvals Branch be advised of the following: ... (a) THAT the application submitted by Newcastle Recycling Limited to amend Provisional Certificate of Approval # A390327 to permit the operation of a Waste Disposal Site (Transfer) does not conform to the Clarington Official Plan or Comprehensive Zoning By-law 84-63; IIlIII ... (b) THAT the Municipality of Cia ring ton objects to the processing of the application submitted by Newcastle Recycling Limited until such time as the issue of Official Plan and Zoning By-law conformity has been resolved; and ... (c) THAT the Municipality of Clarington reserves its decision regarding the need for a hearing under Section 32, Part V of the Environmental Protection Act until such time as the issue of Official Plan and Zoning By-law conformity has been resolved; and .. .. .J I ;1 .. ... G.P. & A. Minutes - 5 - September 20, 1999 .. PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. - .. Monitoring of the decisions of the Committee of Adjustment ... ... ... .. - Ontario Municipal Board Decision Lishman/Halminen .... ... ... Ontario Municipal Board Decision Courtice Heights Developments ... .. Rezoning Application 708545 Ontario Limited - ... ... ... - THA T the Ministry of the Environment Approvals Branch, the Region of Durham, all interested parties listed in Report PD-l 04-99 and any delegation be provided with a copy of Report PD-l 04-99 and be advised of Council's decision. "CARRIED" Resolution #GPA-424-99 Moved by Councillor Trim, seconded by Councillor Mutton THA T Report PD-I 05-99 be received; THA T Council concur with the decisions of the Committee of Adjustment made on September 9, 1999 for Applications A99/030, A99/034 and A99/036 to A99/041, inclusive; and THA T Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A99/030, A99/034 and A 99/036 to A 99/041, inclusive, in the event of an appeal. "CARRIED" Resolution #GPA-425-99 Moved by Councillor Schell, seconded by Councillor Young THA T Report PD-I 06-99 be received for infonnation. "CARRIED" Resolution #GPA-426-99 Moved by Councillor Mutton. seconded by Councillor Rowe THA T Report PD-I 07 -99 be received for infonnation. "CARRIED" Resolution #GPA-427-99 Moved by Councillor Rowe. seconded by Councillor Young THA T Report PD-l 08-99 be received; THA T the Region of Durham be advised that the Municipality of Clarington recommends approval of the proposed Plan of Subdivision 18T-95028 subject to the Conditions of Draft Approval contained in Attachment No. I to Report PD-l 08-99; ) i i'J G.P. & A. Minutes - 6 - III September 20, 1999 ..-I PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. THA T the Mayor and Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the Draft Plan of Subdivision and the Corporation of the Municipality ofClarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; .. III THA T the amendment to By-law 84-63 attached to Report PD-I 08-99, be approved and that the Holding (H) symbols be removed by By-law upon the execution of a Subdivision Agreement; .. THA T all interested parties and delegations be advised of Council's decision; and .. THA T a copy of Report PD-I 08-99 and Council's decision be forwarded to the Durham Regional Planning Department "CARRIED AS AMENDED LA TER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) ... filii Resolution #GPA-428-99 Moved by Mayor Hamre, seconded by Councillor Rowe .. THA T the foregoing Resolution #GPA-427-99 be amended by adding the following wording to the second paragraph: .. "and the installation of a chain link fence prior to commencement of construction and that this be reflected in Section 31 of the Conditions of Draft Approval". .. "CARRIED" The foregoing Resolution #GPA-427-99 was then put to a vote and CARRIED AS AMENDED. ... .. Resolution #GPA-429-99 Moved by Councillor Trim, seconded by Councillor Mutton .. THA T the Committee recess for 15 minutes. "CARRIED" ., The meeting reconvened at 10:55 a.m. Councillor Trim chaired this portion of the meeting. .J, .. IIlIII , JO ... .. G.P. & A. Minutes .. - I - September 20, 1999 CLERK'S DEPARTMENT - Parking Enforcement Month of June .. - .. Parking Enforcement Month of July - - - Parking Reserve - - - Resolution #GP A-430-99 Moved by Councillor Novak, seconded by Councillor Schell THA T Report CD-3I-99 be received for information; and THA T a copy of Report CD-31-99 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Resolution #GPA-43 1-99 Moved by Councillor Mutton, seconded by Councillor Schell THA T Report CD-32-99 be received for information; and THA T a copy of Report CD-32-99 be forwarded to the Bowmanville Business Centre for their information. "CARRIED" Resolution #GP A-432-99 Moved by Councillor Novak, seconded by Councillor Schell THA T Staff be directed to meet with Members of the BIA as soon as possible to address the issue of the decrease in parking revenues. "CARRIED" Councillor Mutton chaired this portion of the meeting. .. TREASURY DEPARTMENT Tender A wards Summer Council Break - - - Cash Activity Report June 1999 ... ... - Resolution #GPA-433-99 Moved by Councillor Rowe, seconded by Councillor Novak THA T Report TR-54-99 be received for information. "CARRIED" Resolution I1G P A-434-99 Moved by Councillor Schell, seconded by Mayor Hamre THA T Report TR-55-99 be received; ) II G.P. & A. Minutes - 8 - September 20, 1999 ... TREASURY DEPARTMENT CONT'D. ... THA T. in accordance with provision of Chapter M-45. Section 79 (I) of the Municipal Act. R.S.O. 1990. the Treasurer reports the cash position ofthe Municipality of Clarington for the month ended June 30. 1999. is as shown on the schedule attached to Report TR-55-99; and IIlII THAT Part "A" of the expenditures for the month of June 1999, be confirmed. ... "CARRIED" Update on Final Billings 1999 Property Taxes Resolution #GPA-435-99 .. Moved by Councillor Young, seconded by Councillor Novak THA T Report TR-56-99 be received for information: .. THA T staff continue to keep Council appraised of the situation: and .. THA T staff investigate the option of providing an Interim Billing to the capped Classes for 1999 property taxes if delays continue past mid-October 1999. ., "CARRIED" Councillor Schell chaired this portion of the meeting. wi FIRE DEPARTMENT Monthly Fire Report - August 1999 Resolution #GPA-436-99 ... Moved by Councillor Novak, seconded by Councillor Trim THA T Report FD-16-99 be received for information. .. "CARRIED" .. Councillor Rowe chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT "'" Summer Day Camp 1999 Resolution #GPA-437-99 Moved by Councillor Schell, seconded by Councillor Trim filii THA T Report CS-14-99 be received for information. .. "CARRIED" Kids of Steel Resolution #GPA-438-99 IllIiI Moved by Councillor Novak, seconded by Councillor Mutton THA T Report CS-15-99 be received for information. .. "CARRIED" IllIiI ..J~ "~ iii - G.P. & A. Minutes - ... - 9 - September 20, 1999 Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT - Release of Storm Sewer Easement .. .. - .. - ... ... Monthly Report on Building Permit Activity for August .. - ADMINISTRA nON ... Corporate Health and Safety Program ... .. .... - - Resolution #GPA-439-99 Moved by Councillor Schell, seconded by Councillor Rowe THA T Report WD-35-99 be received: THA T the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the release of an easement over Parts I and 2, Plan 40R-I7785 which had been transferred to the Municipality by Instrument No. L T823438: THA T the applicant be responsible for all costs associated with the release of the easement, including document preparation and registration costs: and THA T Mr. Sam Cureatz be advised of Council's decision. "CARRIED" Councillor Rowe stated a pecuniary interest with respect to Report WD-36-99; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe indicated that her spouse is a partner in Clinic Buildings referenced in Report WD-36-99. Resolution #GPA-440-99 Motion by Councillor Novak, seconded by Councillor Mutton THA T Report WD-36-99 be received for information. "CARRIED" Mayor Hamre chaired this portion of the meeting. Resolution #GP A-441-99 Moved by Councillor Schell, seconded by Councillor Mutton THA T Report ADMIN-29-99 be received: THA T the Annual Report of the Corporate Joint Health & Safety Committee be received: THA T the revised Health & Safety Policy and Program (Schedule A & B to Report ADMlN-29-99) be approved: THAT By-law #98-110 be repealed: and j G.P. & A. Minutes - 10- September 20. 1999 ... ADMINISTRA nON CONT'D. ... THA T the By-law (Attachment #3) attached to Report ADMIN-29-99 be forwarded to Council for approval. .. "CARRIED" UNFINISHED BUSINESS filii Resolution #GPA-442-99 - THA T the Confidential Personnel Matter item be referred to the end of the agenda to be considered at a "closed" meeting. .. "CARRIED" Delegation L. Racansky Resolution #GP A-443-99 - Moved by Councillor Trim, seconded by Councillor Rowe THA T the delegation of Libby Racansky be acknowledged and that the contents of her presentation be referred to the appropriate staff. .. "CARRIED" - Resolution #GP A-444-99 Moved by Councillor Mutton, seconded by Councillor Rowe ... THA T the meeting be "closed" for consideration of a personnel matter. .. "CARRIED" Resolution #GPA-445-99 .. Moved by Councillor Schell, seconded by Councillor Novak THA T the actions taken at the "closed" meeting be ratified. ... "CARRIED" .. ., .. .. .. ) I J .. .. G.P. & A. Minutes - ADJOURNMENT - - - - - - - - - - - - - - - - - - II - Resolution #GPA-446-99 Moved by Councillor Young, seconded by Councillor Rowe THAT the meeting adjourn at II :35 a.m. "CARRIED" September 20, 1999 MAYOR I , DEPUTY CLERK .. .... - - - .. - - - - .. .. DN: 1'0- 109-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administrative Committee Meeting File # Date: Monday, October 4, 1999 Res. # Report #: PD-I09-99 File #: PLN 32.11.9 By-law # Subject: DEFERRALS 19 AND 39 TO THE CLARINGTON OFFICIAL PLAN W AL TER AND JAMES HALE FILE: PLN 32.11.9 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-l 09-99 be received; J THAT the Region of Durham be requested to lift Deferral No. 19 to the Clarington Official Plan and approve the underlying land use designation as shown on Map Al (Clarke); 3. THAT the Region of Durham be requested to lift Deferral No. 39 to the Clarington Official Plan and approve Section 4.3.8, and further to approve Sections 4.8.9, 4.9.11, 4.8.12, 4.9.2 and 4.9.3 as modified by Modification No. 172 attached to this Report as Attachment No.2; and 4. THA T the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. .... BACKGROUND 1. 1.1 At the time of Regional Council approval of the Clarington Official Plan in October 1996, the approval of the following two portions of the Plan was deferred: · Deferral No. 19 - the land use designation of the existing landfill site located in Part .. Lots [land 12, Concession 3, former Township of Clarke, owned at that time by .. .. .... - - Laidlaw Waste Systems (see Attachment No. [); · Deferral No. 39 - Section 4.3.8 (Environmental Impact Studies), Sections 4.8.9 through to 4.8.12 (Waste Disposal Assessment Areas), and Sections 4.9.2 and 4.9.3 ,j i i REPORT PD-109-99 PAGE 2 (Waste Disposal Sites), all as they relate to an application for approval of a Waste Management Site. 1.2 Regional Staff had recommended the deferral of the land use designation for the landfill site (Deferral 19) on the basis that it was related to Referral No. 36 to the Regional Official Plan, also submitted by Laidlaw. In a letter to the Region, Laidlaw indicated support for Deferral No. 19 and further requested the deferral of the policies listed above (Deferral No. 39). Laidlaw indicated that the deferrals would afford the Municipality, the Region and Laidlaw "an opportuhity to engage in constructive dialogue with respect to the policies and designations which are appropriate for waste management generally. In addition, deferral of the various policies will permit the further review and consideration of the proposed Plan in light of the recent approval and modification of certain policies contained in the Region of Durham Official Plan." 1.3 Since that time, the ownership of the lands previously owned by Laidlaw, and therefore the "interest" in Deferrals 19 and 39, has reverted to Walter and James Hale. Staffhave had discussions with representatives of the Hale family regarding the deferrals and have reached an agreement on a proposed modification to the Official Plan to address their concerns. A copy of Modification No. 172 as proposed by Staff forms Attachment No.2 to this report, 2. OVERVIEW OF PROPOSED MODIFICATION 2.1 The primary concern of the Hales relates to the study requirements for an application for approval of a waste management site, in particular the requirement of Section 4.3.8 that the applicant pay for the Municipality to retain a consultant to undertake an Environmental Impact Study. The Hales have indicated that this requirement represents a duplication of the study requirements of the Environment Assessment Act and the policies of the Durham Region Official Plan. 2.2 Staff recognize the validity of this concern and accordingly have proposed to modify the policies of Section 4.9 (Waste Disposal Sites). Specifically, Section 4.9.2 would be , JuL .. .. .. fill - .. .. .. ... .. ... ... """ ... ... .. ... .. .. .. REPORT PD-109-99 PAGE 3 .. - - - - .. - .. 2.4 - .. - .. 2.5 .. - 3. 3.1 - - ... - modified to require that an application to designate a new waste disposal site and lor expand or increase the capacity of an existing site be accompanied by reports which address the requirements of Section 4.3.8 a) to g). A new policy (Section 4.9.3) would be added to provide for Council to retain qualified consultants, at the expense of the applicant, to undertake a peer review of the studies to ensure that the requirements of the Official Plan have been satisfactorily addressed. The undertaking of this peer review would be co-ordinated with the Region where appropriate. 2.3 The proposed modification addresses the Hale's concern regarding the duplication of study requirements by enabling an applicant to retain his own consultant to prepare one comprehensive report to address the requirements of the Clarington Official Plan, the Regional Official Plan and relevant provincial legislation. The peer review policy will permit the Municipality to retain qualified consulting expertise to assist in the review of the applicant without undue financial burden. The modification does not propose to change the land use designation of the lands subject to Deferral No. 19. As such, the lifting of Deferral No. 19 will enable the Region to approve the underlying land use designations (Green Space and Environmental Protection Area). The modification also does not propose any substantive modifications to the policies related to Waste Disposal Assessment Areas. Mr. Anthony Biglieri of Plantactics Group Ltd., acting on behalf of Water and James Hale, has submitted a letter to the Municipality indicating his concurrence with the proposed modification. A copy of this letter forms Attachment No.3 to this report. CONCLUSION Modification No. 172 will allow for the modification and approval of the Official Plan's policies related to Waste Disposal Sites. This is particularly important given the pending submission of an application by Clarington Waste Processing Ltd. for approval of a landfill site. ou) REPORT PD-109-99 III PAGE 4 .... Reviewed by, .. Davi . Crome, M.C.I.P., R.P.P. Director of Planning & Development ,~ , \ , 'y u..:.....- G ( I : - '--- '- - '-. '--- Franklin Wu. M.C.I.P., R.P.P., Chief Administrative Officer \.~ .", JAS*DJC*cd ... September 20, 1999 ., Attachment No. 1 - Lands subject to Deferral No. 19 No.2 - Proposed Modification No. 172 No.3 - Letter from Plantactics Group Ltd. .. Interested parties to be notified of Council and Committee's decision: .. Mr. Anthony Biglieri Plantactics Group Ltd. 28 Bellefair Avenue Toronto, Ontario M4L 3T8 ... ... Mr. James Hale Newcastle Recycling Limited R.R. #1 Orono, Ontario LOB 1 MO .. - Mr. Sam Cureatz Barrister & Solicitor 104 James Street West Newcastle, Ontario .. .. Mr. Richard Lovekin 196 Lovekin Road R.R. # 8 Newcastle, Ontario LIB lL9 .. .. Mrs. Terri Caswell 3725 Reid Road Newtonville, Ontario LOA 110 .. . JlJ~ .. ... - ATTACHMENT '1 ~ LANDS SUBJECT TO DEFERRAL 19 - LOT 1 4 LOT 1 3 LOT 1 2 LOT 11 CONCESSION ROAD 4 ~- ROAD ALLOWANCE BETWEEN CONCESSIONS 2' AND 3 J ':~ I - - - - - .---- -._-"~., I ! i - - - o <{ o ~ z o W -.J a.. ~ fJ) , - -~-----~-- _I - - - - i . - - - - CLARKE KEY MAP - - LOT 10 I I I l----~---___ i o-t. _ ~ I----~ wi, ~ . - J;jJ n z o - en en w u z o u A TT ACHMENT NO.2 MODIFICATION NO. 172 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: At the time the Clarington Official Plan was approved by Durham Region Council, certain portions of the Official Plan were deferred. Deferral No. 19 relates to the land use designation on Map A1(Clarke) of certain lands in Part Lots 11 and 12, Concession 3, former Township of Clarke. Deferral No. 39 relates to Sections 4.3.8 (Environmental Impact Studies), Sections 4.8.9 to 4.8.12 (Waste Disposal Assessment Areas), and Sections 4.9.2 and 4.9.3 (Waste Disposal Sites), all as they relate to an application for approval of a waste management site. The purpose of this modification is to resolve Deferrals Nos. 19 and 39. BASIS: This modification is based on the approved policies of the Durham Regional Official Plan and submissions made to the Municipality. ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified as follows: 1. In Section 4.3.8, by adding the word "Provisional" before the words "Certificate of Approval" in the first sentence. 2. In Sections 4.8.9, 4.8.10, 4.8.11, and 4.8.12, by replacing all references to the "Ministry of Environment and Energy" with "the Province". 3. In Section 4.9.2, by deleting the second sentence and inserting the following sentence thereto: .. .. .. .. .. ... .. .. ... ... "An application to designate lands for a new waste disposal site and/or expand or increase the capacity of a waste disposal site, shall be accompanied by reports which address the requirements of Section 4.3.8 .. a) to g) of this Plan, the impact on surrounding residents including traffic, noise and dust, and the financial implications to the Municipality. These studies shall be subject to peer review under Section 4.9.3." ... .. 4. By adding a new Section 4.9.3 as follows, and renumbering subsequent sub-sections accordingly: .. "4.9.3 Where the proponent of an application to establish, expand or increase the capacity of a waste disposal site has submitted studies .. to the Province, the Region or the Municipality, Council shall select and retain qualified consultants to undertake a peer review of such studies to ensure that the requirements of Section 4.9.2 are .. satisfactorily addressed. The expense of the peer review shall be borne by the proponent. Where appropriate, the undertaking of the peer review shall be co-ordinated with the Region." iii OuO .. II .. .. IMPLEMENTATION: The provlSlons set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this modification. - - IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this modification. .. ... .. - .. - - .. - - .. .. - - - Qu! plantactics GROUP LTD. ... ATTACHMENT NO.~ .:. .:. .:. "'" Anthony Biglieri Refer to Bellefair Avenue Office .. August 25, 1999 The Corporation of the Municipality of Clarington Planning Department 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 "'" Attention: Mr. D. Crome, Director of Planning . W]JjCCmllW~Th) SEP Q 21199 ~NGT0f4 MUNIC\PM..m' Of RmENl PlJ\NN\NG 06P~ .. ... Dear Sir, .. RE: Deferrals 19 and 39 to the Clarington Official Plan Lots 11 and 12, Concession 3 Former Township of Clarke Walter and James Hale Our Project No. 9819 .. ." Further to our meeting with Ms. Janice Auger Szwarz on July 6, 1999, our client is prepared to accept the modifications as outlined in your letter dated August 26. 1998 (attached), subject to the following change as highlighted: Section 4.9.2 - "An application to designate lands for a new waste disposal site and/or expand or increase the capacity of a waste disposal site, shall be accompanied by reports which address the requirements of Section 4.3.8 a) to g) of this Plan". .. ... The following represents our discussion, interpretation and agreement at the meeting on July 6, 1999 with Ms. Janice Auger Szwarz: ... Section 4.3.8 Environmental Impact Statement of the Clarington Official Plan requires that a proponent of a development application bear the expense of an environmental impact study. However, the issues that are addressed in this study which is required by the Region of Durham and Municipality of Clarington through this policy would already be addressed in accordance with the requirements of the Environmental Assessment Act R.S.O. 1990, c.E18, as amended. The Act requires the preparation of Terms of Reference prior to proceeding with an Environmental Assessment. The Municipality of Clarington, the Region of Durham and the public will provide input in the preparation of the Terms of Reference, prior to the Minister of Environment approving the Terms of Reference. The aspects of the Environmental Impact Study will be coordinated with the Terms of Reference. ... ... ... .. ... PLANNING & PROJECT MANAGEMENT CONSULTANTS 15 Glenmount Park Road, Toronto, Ontario, M4E 2MB Telephone (416) 694-4959 Fax (416) 694-2334 or (416) 693-9155 Internet address: scotl-plantact@lnforampnet 28 Bellefair Avenue, Toronto, Ontario, M4L 3TB Telephone (416) 693-9155 Fax (416) 693-9155 Internet address: tony-plantact@inforamp.net .. oud .. .. .. - - .. .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 4, 1999 Res. # Report #: PD-110-99 FILE #: ZBA 99-034 By-law # Subject: REMOVAL OF PART LOT CONTROL (40M-1976) APPLICANT: CLARNEW DEVELOPMENTS P ART LOT 27, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE FILE: ZBA 99-034 (X-REF: 18T-88061) Recommendations: - It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. - 2. .. 3. .. THAT Report PD-11 0-99 be received; THAT the request for removal of Part Lot Control in respect of Lots 19 to 40, and Blocks 60 to 67 on 40M-1976 be APPROVED. THAT the attached By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50(7.1) of the Planning Act; and - 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. .. 1. 1.1 - .. - - .. - BACKGROUND In September of 1999, Staff received a request from Clamew Developments Inc. for the removal of Part Lot Control in respect to Lots 19 to 40 inclusive and Blocks 60 to 67 inclusive, on Registered Plan 40M-1976. These lots are located in Part of Lot 27, concession 1, former Village of Newcastle fronting on the future Bridges Drive and Shipley Avenue. 1.2 The removal of Part Lot Control would facilitate the construction of semi-detached dwelling units on the above-noted lots and single detached units on the above noted blocks. The process will enable the lots and blocks to be divided and resurveyed after the dwelling foundations are in place. The blocks were draft approved for 34 street Jv1 2. 2.1 2.2 ... REPORT NO.: PO-l10-99 PAGE 2 .. townhouses but the applicant wishes to proceed with 12 single detached units and a semi- detached units on those lands. .. ." 1.3 For the Committee's information, since the lots are located in a registered plan of subdivision, there is an existing agreement in place to cover the Municipality's financial interest, including payment of parkland dedication and development charges. ." - STAFF COMMENTS Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached hereto is a By-law to exempt the subject lands from Section 50(5) of the Planning Act pursuant to the provisions of Section 50(7) of the Planning Act. The Part Lot Control By-law requires the approval of Council and the Regional Municipality of Durham. .... .. ... .. In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for staff to prepare a second by-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. After reviewing the application, staff has recommended that the By-law be in force for a three (3) year period following Council approval, ending on October 12,2002. .. ... ... ... .. .. .. .. OjJ ... - - REPORT NO.: PD-110-99 PAGE 3 - .. Respectfully submitted, Reviewed by, - . rome, M,C.I.P., R.P.P. of Planning & Development /--\- ('~' , \ (/\/-'1. f/ '.../ .-.. J y~~.- Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. - - - SL *DC*df 24 September 1999 - Attachment No.1 - Key Map Attachment No.2 - Lots Affected by Part Lot Control Map Attachment No.3 - By-law - Interested parties to be notified of Council and Committee's decision: - Clarnew Developments Inc. 3845 Bathurst Street, Suite 103 DOWNS VIEW, Ontario M3H 3N2 - D.G. Biddle and Associates 96 King Street East .. OSHA W A, Ontario LlH IB6 - - - - - ... J) I . SUBJECT SITE LOT 27 LOT 26 KING STREET EAST / ',. ~I iill ~ I:...:.... -' I . I~ ) 2] IE J=j ------------ -- ~._-_._~._----. HIGHWAY 401 NEWCASTLE VILLAGE KEY MAP ZBA. 99-034 Oi~ .. r r r r r I ~ i r Z 0 - C/) C/) w u z 0 u .. .. .. .. .. .. I .. .. .. .............. ~ · 59 i58157i 56 i55: 54i53152 51 50 I 49 148147 46' 45 441431421 41 :rUB.r:rr.: .................. I :::::::::::::::....... . . ~ ..... .......... ................... ................ ci @sKA8 :J BLK 67: >~:: ::~9.':': ::19' BLK 66 0 :::::::::::::::<:::::::::::::::::: o ::::::::::::.:::::::::::::::::::::.:::.:::-:. ::::::::20::::::::::::\ I U SHIPLEY AVE. ~ .:\.::i~:;i:;.:.::i; ! (f) ......... ...... C) '::::::::::::::::::. (f) 37 :36 65 ::3'50:. )'34 0 22 I ~ ........... ..................i..i....iiii ~~fr~1 .BLK 63: ::~:;H ;!;~:~:: .:;~;~;:: BLK 64 .;//~~::;:);:);:: .. - .. - - - - - - - - - .. .. - .. - - - . 0.:::: o 0.:::: W -.J I- :J U . 0.:::: o 0.:::: W ~ 0.:::: <( :r: ------_.~_.- \. 1 2 3 4 5 I I I 6 17 8 9,10111:1211311411511611718 EDWARD STREET EAST I I I I 1._, ......... ......... ..... ......... .......... ......... BRIDGES DR. ............. .......... ......... ......... ....... .............. .......... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 :'29:: .r:~6L;r :@.~: :Ai\ ............. . ...... .......... ............ ..... ............. .... ..... ....... ...... ......... . . . . . . . . . . . . . . . IIil LOTS AFFECTED BY PART LOT CONTROL 40M-1976, ZBA.99-034 01) , r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- ... being a By-law to designate a certain portIOn of Registered Plan 40M-1976 as not being subject to Part Lot Control ... .. WHEREAS the Council of the Corporation of the MunIcipality ofCIarington deems it advisable to exempt !Tom Part Lot Control, Lots 19-40 inclusive. and Blocks 60 to 67 inclusive, of 40M- 1976 registered at the Land Titles Division of Whitby. ... .. ~OW THEREFORE BE IT RESOL VED THAT the Council of the Corporation of the \1unicipality of CIarington enacts as tollows: .. 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands descnbed in Paragraph 2 within the By-law. ... THAT this By-law shall come into effect upon being approved by the Regional \1unicipality of Durham and thereafter Subsection (5) of Section 50 shall cease to apply to the following lands: III .. a) Lots 19-40 inclusive and Blocks 60 to 67 inclusive on Registered Plan 4OM-1976. 3. Pursuant to Subsection (7) of Section 50 of the Planning Act. this By-law shall be in force lor a period of three (3) years ending on October 12, 2002. .... .. BY - LA W read a tirst time this day of .. 1999. BY. LA W read a second time this day of 1999. .. BY.LA W read a third time and finally passed this day of 1999. .. .. .. \1AYOR .. CLERK .. o 4 ... .. - - - - DN: P[)111-99 Meeting: Date: Report #: Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administrative Committee File # Monday, October 4. 1999 Res. # PD-111-99 File #: ROP A 99-005 By-law # PROPOSED AMENDMENT TO THE DURHAM REGIONAL OFFICIAL PLAN RESPECTING COMMUNAL WATER AND SEWER SERVICES FILE: ROPA 99-005 - Recommendations: - It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. - 2. - - - - .., -'. - 1. - 1.1 THAT Report PD-111-99 be received; THAT the Region of Durham be advised of the following: a) THAT the Municipality of Clarington supports ROP A 99-005 only as it would permit the limited use of communal services in the rural area where it is deemed necessary to deal with a health or environmental problem caused by failed private wells and/or septic systems, and only after all other options to address the problem have been exhausted; b) THAT the Municipality of Clarington does not support ROP A 99-005 as it relates to the use of communal servicing systems for new rural development; THAT a copy of Report PD-lll-99 and Council's decision be forwarded to the Durham Region Planning Department, and the interested parties listed in this report. - - - - - BACKGROUND Section 5.3.29 of the Durham Regional Official Plan requires the Region to undertake a feasibility study regarding the provision of full or partial communal systems to hamlets, country residential developments. rural employment areas and regional nodes in the rural area. This policy was added by the Province in 1993 when the Regional Plan was approved. OIJ REPORT NO.: PD-111-99 PAGE 2 ... 1.4 1.2 The Region retained the consulting firm of Proctor and Redfern in 1996 to undertake a Communal Services Technical Feasibility Study. The Study examined a number of options for the provision of full or partial communal systems to hamlets, country residential development, rural employment areas and regional nodes in the rural areas, including the costs and financing of such systems. 1.3 The completed study was submitted to the Region in 1998. The Study provided the following conclusions: · except for the Oak Ridges Moraine, groundwater supplies suitable for domestic use are not abundant throughout Durham Region; · there are limited opportunities for the discharge of sewage effluent to surface water due to distance from appropriate receiving water bodies; · the long term impacts of discharging treated sewage effluent into large scale tile fields is unknown; · three distinct aquifers present along the south slopes of the Moraine offer opportunities for communal servicing for both water supply and the disposal of sewage effluent; · the complexities of Durham's geology and the variable extent of aquifers requires that extensive site specific examination be undertaken to ensure that sustainable conditions exist for communal water and sewage disposal systems; · communal servicing options tend to be considerably more expensive on a per unit basis than private systems or urban municipal systems; · current Provincial policy requires that the Region either own or agree to assume responsibility for any communal system in the event of default by the owner; · the Region should only consider Regionally-owned and operated communal systems where there is a need to remedy a health problem or rectify environmental degradation. Regional Staff brought forward a report in December 1998 with a proposed amendment to the Regional Official Plan that would provide for the consideration of the use of 010 ... - ... ... ... .. ... .. ... .. .. ... ... .. .. ... ., .. - REPORT NO.: PD-111-99 PAGE 3 - - - - - - - - - - - 2.2 - - - - 2.3 - - - communal servicing systems within the established rural settlement structure only where deemed necessary to remedy a health problem or rectify environmental degradation caused by failed private well and/or septic systems, and where all other alternatives have been exhausted. Eventually, in May 1999, the Regional Tri-Committee (Planning, Works and Finance) directed Regional Staff to revise the proposed amendment to also permit the consideration on a case-by-case basis, of privately owned and operated communal servicing systems to service development that Regional Council deems to be of "significant benefit" to the Region. Such developments however, would not be permitted on lands designated Oak Ridges Moraine or Permanent Agricultural Reserve in the Regional Plan. The proposed amendment has been forwarded to all area municipalities and relevant agencies and provincial ministries for comment. 2. 2.1 OVERVIEW OF PROPOSED OFFICIAL PLAN AMENDMENT The proposed Official Plan Amendment has essentially two main parts (see Attachment No.1). The first part, which involves replacing the existing Section 5.3.29 with a new policy, addresses the use of communal systems to rectify existing environmental and/or health problems, subject to the requirements of Section 3.3.12 and 3.3.13. These two sections set out the parameters by which solutions to contaminated wells in rural. areas can be assessed. The emphasis is placed on addressing measures to mitigate the contamination rather than the provision of new and/or expanded municipal services. The second part of the proposed amendment would permit Council to consider, on an individual basis and by amendment to the Plan, the use of privately owned and operated communal services, where Council deems the development to be of significant benefit to the Region (new Section 5.5.30). The term "significant benefit" is defined as high quality destination resort/recreational/tourism uses, which may include small scale residential condominium development accessory to the main use. Development on private communal systems would not be permitted on either the Oak Ridges Moraine or the Permanent Agricultural Reserve. The applicant must submit a report providing: J j / 2.4 3. 3.1 REPORT NO.: PD-111-99 PAGE 4 · an evaluation of the benefits accruing from the proposed development; · an evaluation of servicing alternatives for the site and the suitability of the site for communal services; · an inventory of possible environmental impacts; · proposed procedures for maintaining and operating the system, including monitoring and a system failure contingency plan; and · an analysis of the potential economic/fiscal impact of the communal servicing system on the Region's finances. The owner must also enter into an Agreement with the Region addressing, among other matters, standards for the design, construction, operation and maintenance of the system, and financial guarantees in the event of default by the owner. The proposed amendment would also delete policies in various sections of the Official Plan which provide for the consideration of communal servicing systems for hamlets (Sections 13.3.5 and 13.3.6), country residential subdivisions (Section 13.3.20), and Regional Nodes (Section 15.2.4). These policies would no longer be required in light of the new Section 5.3.30 as proposed by the draft amendment. AGENCY COMMENTS Central Lake Ontario Conservation Authority The Authority advised the Region that they had no objection to the first part of the amendment (communal services to address health and environmental problems), but do not support the balance of the amendment. Authority Staff noted in their report to the Authority Board that water management strategies addressed through watershed and subwatershed studies are intended to accommodate planned growth in the settlement areas defined in the Official Plan. These studies have not anticipated unplanned growth in the rural area of a scale that would make communal servicing viable. It was also noted that the Region's groundwater resources and their ability to sustain intensive recreational and residential uses have not been studied in any comprehensive manner. Such studies could lead to an aquifer 01 .. .. - .. .. .. .. .. .. .. .. .. .. .. ... .. .. . .. - REPORT NO.: PD-111-99 PAGE 5 - - - - - - - - 4. 4.1 - . . - . - . - . - - - 4.2 - - - 3.2 management program designed to ensure adequate protection and sustainability of the groundwater supply. Other Area Municipalities Councils of the City of Oshawa, the Town of Whitby, and the Town of Ajax advised the Region that they support the portion of the proposed amendment which would permit the consideration of communal systems to deal with health or environmental problems associated with existing rural developments. They further advised the Region that they do not support the balance of the proposed amendment which would permit communal systems to be considered where the development is deemed to be of significant benefit to the Region. The Town of Pickering has not yet submitted comments to the Region on the draft Official Plan Amendment. PUBLIC COMMENTS Correspondence received by the Region and the Municipality has identified the following concerns with the proposed Official Plan amendment: increased pressure for urban sprawl into the rural area; the provision of subsidies to replace failing septic and well systems may be cheaper than providing expensive municipal services to rural residents; an increase in groundwater use should not be considered without detailed information about groundwater flows in the Region and an aquifer and well management program; the definition of "significant benefit" has primarily attracted interest in the development of golf course lifestyle communities; it will be costly and difficult to negotiate and enforce agreements with developers to ensure adequate financial securities are available to cover default and remediation given all the unknowns. Comments have also been received from two development groups interested in developing golf courses in association with rural residential development. These types of developments are being promoted as "lifestyle communities" geared to the ageing Baby Boom generation. o I '1 REPORT NO.: PD-111-99 .. PAGE 6 5.2 5.3 ClubLink Corporation noted that they have successfully implemented communal servicing technology systems at four sites :ario. They noted that the servicing costs related to communal systems are relative~ #l and generally require a minimum of 80 to 100 residential units to be financially ,iable. .. .. .. 5. 5.1 STAFF COMMENTS Staff have no objection to the first part of the amendment which would permit the use of communal systems to address health problems resulting from contaminated groundwater or environmental degradation. The proposed policy recognizes the potential financial burden to the Region resulting from communal systems by specifying that their use would only be permitted in exceptional circumstances and where all other options to rectify the problem have been exhausted. In this regard, the proposed amendment would implement the recommendations of the Communal Services Technical Feasibility Study. .. .. .. .. .. Staff do not support the second part of the amendment which would permit Regional Council to consider the use of communal systems for developments deemed to be of significant benefit to the Region. Staffs primary concerns with this. policy direction are as follows: · the undermining of Regional structure and growth management policies · increasing the size of rural development projects · interpretation of what can be deemed a "significant benefit to the Region" · potential cumulative effects of development on the Region's acquifers. .. .. .. .. The main goal of this policy is to attract high quality commercial ventures such as golf courses, resorts or tourist attractions in part by providing for associated residential facilities such as condominiums and executive housing. These rural "lifestyle" developments are seen as increasingly popular. The Wilmot Creek Retirement Community is the only development of this type in Clarington but is connected to municipal water and sanitary sewer services. It was originally approved as a rural development but was incorporated into an urban area at the time of the 1991 Regional Official Plan. .. .. .. .. .. oiU .. .. REPORT NO.: PD-111-99 PAGE 7 - 5.4 - - - - - - - - - - - - 5.5 - - - - - Regional Structure and Growth Management The current growth management policy of the Regional Official Plan is to direct the majority of growth to serviced urban communities, with limited rural growth to be focused on hamlets. Other opportunities for small scale development in the rural area, such as Country Residential subdivisions and Rural Employment Areas, are provided for. The Plan provides for the maintenance of distinct urban and rural areas, and protects the Region's natural heritage areas and resource activities such as agriculture and aggregate extraction from incompatible development. The establishment of larger developments in the rural area which are not of a rural nature could erode the distinction between the urban and rural areas of the Region. As well, by directing such development away from lands designated Oak Ridges Moraine and Permanent Agriculture Reserve, the proposed amendment would be directing these uses to those areas designated Major Open Space and General Agriculture, The Green Space designation applies generally to the Lake Iroquois Beach and the urban separator lands between the major urban conglomerates, specifically between Whitby/Oshawa/Courtice and Ajax/Pickering on the west and Bowmanville on the East. Directing "lifestyle" developments to these areas erodes the greenbelt function of these lands. Courtice and Bowmanville are flanked by such lands and could potentially expand into parts of these areas in the future. Any development in these areas that has substantial capital investment in communal servicing systems cannot be considered as temporary and could therefore potentially interfere with the efficient expansion of urban areas in the future. Increasing the Size of Rural Developments Given that the minimum size of a communally serviced residential development would be in the order of 80-100 units, these developments could absorb much of the growth intended for hamlets and other approved rural residential areas. In the Clarington Official Plan, provision is made for only 80 country residential (estate) lots within the next 15 years with a maximum size of 20 lots. Increased sizes of developments to make JLI REPORT NO.: PD-111-99 PAGE 8 communally services tinancially viable would require changes to the Clarington Official Plan and lead to developments rivaling or exceeding the size of existing hamlets. Regional Planning Staff has noted that, across the Region, there are approximately 400 vacant Country Residential Subdivision lots and 330 vacant hamlet residential lots. At current absorption rates, these lots represent a 40 year and a 17 year supply respectively. Therefore, not only are rural "lifestyle" residential developments on communally services not needed to meet the rural growth targets set out in the Regional Official Plan. they could seriously undermine the Plan's thrust to direct rural residential growth to hamlets. It would be more beneficial for the communal services to be installed in existing hamlets to deal with existing health problems and provide for growth in these areas. 5.6 Interpretation of "Significant Benefit" The proposed amendment defines "significant benefit" as: "primary uses that are new high quality destination resort/recreation/tourism uses that enhance the prestige of the region, generate employment, attract investment, diversify the Regional economic base, require alternative non-urban locations and complement the character ofthe natural and cultural rural landscape. " .. .. - .. - - .. - .. .. - This definition is intended, in theory, to permit only very umque developments to _ proceed on communal services. In this regard, the criteria provided within the definition should be very stringent and serve to filter out all but the most distinctive developments. ... Instead, the criteria are very general and almost any proposed development would be able to meet these tests. Staff are concerned that, given the lack of specificity and rigour in .. the definition of "significant benefit", it would be almost impossible to deny an application for new rural development on communal services. Virtually any application ... with a golf course would seem to comply. 5.7 Potential Impact on Aquifers and Groundwater Resources Staff share CLOC's concern regarding the potential cumulative effects of such development on the Region's aquifers and groundwater resources. The proposed amendment would JI..t.. .. .. .. .. - REPORT NO.: PO-111-99 PAGE 9 - - - - - - 6. 6.1 - - - - - - - require the proponent to study the possible impact from the proposed services, and the suitability of the site for communal systems. However, the proponent would not be required to undertake a study of the entire aquifer to assess the potential cumulative effects of the proposed development on the sustainability of the aquifer, in particular the effect of large scale water taking and the discharge of sewage effluent from large tile fields. In the absence of such comprehensive studies and aquifer management programs, the long term effects of such developments on the Region's groundwater resources and the aquatic and terrestrial ecosystems they support, carmot be determined. CONCLUSIONS The use of communal systems to service rural development has the potential to seriously undermine the plarmed structure of rural areas and possibly the efficient future expansion of urban areas. As well, the use of communal systems should not be approved without adequate information on their long term environmental effects. In this regard, the first part of the proposed Official Plan Amendment which would provide for communal services to rectify existing problems, can be supported. This option would only be pursued where all other viable alternatives have failed. However, there is no valid planning basis to support the second part of the proposed amendment, which would permit communal systems to be considered for new rural development. . Crome, M.C.I.P., R.P.P. or of Planning & Development Reviewed by, ~. , I . A1te-- 1m. u, M.C.I.P., R.P.P.. 'r Chief Administrative Officer - DJC*jip September 28, 1999 - Interested parties to be notified of Council and Committee's decision: - Mrs. Linda Gasser 7421 Best Road Orono, Ontario LOB IMO - - Di) .. Attachment No. 1 .. Actual Amendment: The Durham Regional Official Plan is hereby amended by: .. A) deleting Section 5.3.29, which provides for the preparation of a communal systems feasibility study, in its entirety, and replacing it with the following new policy: .. "5.3.29 Regional Council may consider the limited use of new Regionally owned and operated communal systems for water supply and/or sanitary sewerage in rural settlements where Council deems it necessary to deal with a health or environmental problem. The installation of a communal system in this circumstance shall be subject to the principles of Sections 13.3.12 and 13.3.13. .. .. .. B) renumbering policies 5.3.30, 5.3.31 and 5.3.32 and adding a new Section 5.3.30 as follows: .. "5.3.30 Regional Council may also consider, on a case by case basis and by amendment to this plan, the approval of a privately owned and operated communal system for water supply and/or sanitary sewerage in limited circumstances where Council deems that the development will be of significant benefit to the Region. ... .. For purposes of this policy, significant benefit to the Region describes primary uses that are new high quality destination resort/recreational/tourism uses that enhance the prestige of the Region, generate employment, attract investment, diversify the Regional economic base, require alternative non-urban locations and complement the character of the natural and cultural rural landscape. Small scale residential condominium development may be considered as secondary to an established primary use. Scale shall be determi0ed considering the size of hamlets as the predominant location for rural settlement; how well the development integrates with the primary use, and fits the natural environment and character of the rural landscape: and the viability of the project. ... .. ... ... ... .. The consideration of development on a privately owned and operated system shall be subject to the following: .. .. oi4 .. - - a) the proposed development not being located on the Oak Ridges Moraine and the Permanent Agricultural Reserve; - b) the application being accompanied by a report prepared by a qualified professional providing: an evaluation of the benefits of the proposed development to the Region; a land use impact assessment addressing the matters identified in Section 13.3.6;, an evaluation of alternatives for servicing the site; an inventory of the environmental characteristics of the site and possible impacts from the proposed services; .. an evaluation of the suitability of the site for communal systems including the capability of the soils to support the safe and long-term use of private sewerage systems and the long- term availability of water of sufficient quality and quantity without adversely affecting existing wells; - vi) an evaluation of alternative communal systems; - vii) a preliminary design of the preferred communal system, including collection and distribution systems, water treatment, sewerage treatment and disposal systems to municipal standards; - - viii) systems maintenance and operations procedures and Protocols, monitoring program and system failure contingency plan; and, - ix) an economic/fiscal impact analysis addressing the provisions of Section 6. - c) the owner enterrng into a Responsibility Agreement with the Region providing for, among other matters: - - I) deSign and construction of the communal system to Regional and the Ministry of the Environment standards; - - Jt.J U13.3.5 ... Ii) financial guarantees to ensure that no Regional funds are required for the construction, maintenance, operation, repair, replacement or upgrading of the communal system(s) in the event of default by the owner and to mitigate risk associated with environmental liability; .. .. iii) a definition of default; and ... iv) operation and maintenance standards to the satisfaction of the Region and the Ministry of the Environment including easements, rights of entry for inspection and monitoring." \ ... C) in light of the new Section 5.3.29, which enables the consideration of Communal Systems for rural settlements, and new Section 5.3.30, which enables the consideration, on a case by case basis, of the use of privately owned and operated communal systems, deleting parts of the second sentence of Section 13.3.5, which are no longer rr quired, such that the Section now reads as follows: ... ... .. Development within hamlets shall be individually serviced with private drilled wells and private sewage disposal systems where ground water quantity and quality permits and in compliance with the standards of the Region and the Ministry of the Environment and Energy. Subject to Sect;, 5.3.29, development may occur on communal systems. Municir- ...1 water service may be extended to a hamlet, without an amendment to this Plan or the area municipal official plan, in accordance with Sections 13.3.11 and 13.3.12 and provided a settlement capacity study as outlined in Section 13.3.6 has been undertaken. In addition, notwithstanding any other provisions of this Plan, where municipal water is to be extended, the capacity of such service shall be designed to service only the hamlet area delineated in the area municipal official plan." .. .. .. .. .. .. D) in light of the new Section 5.3.29, which enables the consideration of Communal Systems for rural settlements, and new Section 5.3.30, which enables the consideration, on a case by case basis, of the use of privately owned and operated communal systems, deleting subsection i) in Section 13.3.6, which is no longer required, and renumbering subsection j) to i) such that the Section now reads as follows: - .. ... ... " "' v IllIiI - "13.3.6 - .. - - - - - - - - - - - - - - - - The delineation of the limits of a hamlet, and the details of the land uses to be permitted within a hamlet shall be incorporated in the area municipal official plan following the conclusions and recommendations of a settlement capacity study to the satisfaction of the Region, the conservation authority and the Ministries of the Environment and Energy and Natural Resources which shall include a cumulative impact assessment of the following: a) an analysis of the hydrogeological regime in the area to determine the availability and quality of ground water on a long-term basis; b) an assessment of the impact of future development on existing ground water quantity and quality and on existing sources of drinking water, including municipal, communal and private wells; c) an assessment of the long-term suitability of the soil conditions for the effective operation of private sewage disposal systems; d) an identification of any existing restrictions to future development; e) an assessment of surface drainage; f) an inventory of cultural heritage resources and an assessment of how new growth will be complementary to, and consistent with, the historic character of the area; g) an environmental inventory and assessment of the impact of new growth on the natural, built and cultural environments; h) a statement of conformity with the Agricultural Code of Practice; i) an assessment of servicing alternatives such a3 communal systems; and j) an assessment of the impact on agricultural lands and identification of directions for growth which will minimize such impacts." E) in light of the new Section 5.3.30, which enables the consideration, on a case by case basis, of the use of privately owned and operated communal systems, deleting the second sentence of Section 13.3.20, which is no longer required, such that the Section now reads as follows: JC! "13.3.20 Country residential subdivisions shall be individually serviced with drilled Wells and private sewage disposal systems which comply with the standards of the Region and Ministry of the Environment and :nergy. . Subject to completion of the feasibility study Wi:: ~ . ~~ ~~'an affull or partIal communal systems In acc:~:,:-: ;;::~,:,'29. ::Iustering within. countly residential. ~U::;;':~~~,:: :~ ~:~~~~to a/lo'(y' for servicing by communal vva e . systems and as a means of protecting environmental features"; and F) in light of the new Section 5.3.30, which enables the consideration, on a case by case basis, of the use of privately owned and operated communal systems, deleting the second sentence of Section 15.2.4, which is no longer required, such that the Section now reads as follows: "15.2.4 Regional Nodes within rural areas shall be serviced with private drilled wells and a private waste disposal system. Ilow~\ler. R:a=n':'dea =~ ~~I~'wed to develop on the baSIS of municIpal Of e i~~:'-~Ch comply .....ith the standal'ds of the r.::,n;~~ry::.:: . ;:v=~~t ~~~ [ncfQY and the Region subject C tlon of the feasibility study identified in CectioFl 5.3.29." Implementation: The provisions set forth in the Durham Regional Official Plan, as amended. regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. ".! )( - - .. .. - .. .. .. .. - .. .. .. - - - .. .. .. - - - - - - - - - - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, October 4, 1999 Res. # Report #: PD-l12-99 FILE #: A99/042, & A99/048 to A99/052, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 23, 1999 FILE NO'S.: ..\99/042 & A99/048 TO A99/052. INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-112-99 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on September 23, 1999 for applications A99/042 and A99/048 to A99/052, inclusive; and 3. THAT Staffbe authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/042, A99/048 to A99- 050 inclusive, and A99/052, in the event of an appeal. - .., - - - - - - 1. In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications received by the Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. The decisions of the Committee are detailed below. 2. Applications A99/042, A99/049, A99/050 and A99/052 were APPROVED as applied for. Applications A99/049 and A99/050 were required as a condition of approval for concurrent Land Division applications LD 260/99 and LD 141/99 respectively. .., J. Applicanon A99/048 was TABLED at Central Lake Ontario Conservation's request, for a maXImum of sixty (60) days, to allow the applicant time to enter into a new Save/Harmless Agreement and to obtain the necessary engineering information regarding JI.-1 REPORT NO.: PD-112-99 PAGE 2 the building construction. A change in the footprint of the dwelling's addition may change the variance required by the applicant. 4. Application A99/05l, an application for reduction in exterior side yard from 6 metres to 4.56 metres, was DENIED as the application was not deemed to be minor and desirable. When making the decision the Committee considered the following: that the necessity for the variance was one of convenience or monetary gain; that compliance with the strict letter of the By-law is not unreasonable or impossible; and the applicant can make reasonable use of the property while in compliance with the By-law. Although the approval was not consistent with Staffs recommendation, it is Staffs opinion that it would not be prudent for the Municipality to appeal the application, The applicant has the opportunity to file an appeal to the Ontario Municipal Board (OMB), if they wish. In the event of an appeal, Staff may be subpoenaed to appear at the OMB to give Planning evidence. The Committee of Adjustment has not always concurred with Staffs recommendation. It has not been Council's past practice to appeal these decisions leaving that option with the applicant. 5. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No.1. 6. Staffhave reviewed the Committee's decisions and are satisfied that the applications which received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and 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. J)l .. .. .. .. - - - .. .. - - ... ~ - .. .. .. .. .. - - REPORT NO.: PD-112-99 PAGE 3 - Respectfully submitted. Reviewed by, - - -~ / /' ~ 1'\ i I <:(_~~_ _ ~~ --i.L Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer - SL *DJC*cc - 27 September 1999 - Attach. - - - - - - - - - - - jJj .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON III COMMITTEE OF ADJUSTMENT PERIODIC REPORT .. FILE NUMBER: A99/042 ******************** .. APPLICANT: ROUGHLEY, JOHN D & DORIS C - AGENT: SCOTT, JAMES A. - PROPERTY DESCRIPTION 5 FREDERICK AVENUE - PART LOT: 13 CONCESSION: 2 TOWNSHIP: BOWMANVILLE ... PLAN NUMBER: ZONING: R1 - HEARING DATE: 23-Sep-99 - APPEAL DATE: 13-0ct-99 DECISION: APPROVED - MINOR VARIANCE: TO RECOGNIZE AN EXISTING DWELLING WITH AN EASTERLY SIDE YARD SETBACK OF .58 METRE (1.92 FT), INSTEAD OF THE REQUIRED 1.2 METRES (3.94 FEET) AND A WESTERLY SIDE YARD SETBACK OF 2.63 METRE (8.63 _ FT), INSTEAD OF THE REQUIRED 4.5 METRE (14.76 FEET). .. - REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. .. III - 'J) L .. - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - COMMITTEE OF ADJUSTMENT PERIODIC REPORT - FILE NUMBER: A99/048 - ******************** APPLICANT: BROWN-READ, CHRISTINE AND READ, PAUL - AGENT: - PROPERTY DESCRIPTION 49 WEST BEACH ROAD - PART LOT: 10 CONCESSION: BF TOWNSHIP: DARLINGTON - PLAN NUMBER: - ZONING: RS-1 & EP - HEARING DATE: 23-Sep-99 APPEAL DATE: 13-0ct-99 DECISION: TABLED - MINOR VARIANCE: - TO REDUCE THE WESTERLY INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 3 METRES (9.84 FT) TO 1.2 METRES (3.94 FT) TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING - - REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A MAXIMUM OF 60 DAYS TO ALLOW THE APPLICANT TIME TO SATISFY THE REQUIREMENTS OF CLOC. - - - - Jj) .. - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT - PERIOD:::C REPORT .. FILE NUMBER: A99/049 ******************** .. APPLICANT: CELESTIAL HOMES INC. C/O TOM TESTER - AGENT: -- PROPERTY DESCRIPTION 15 TOWNLINE ROAD SOUTH .. PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON - PLAN NUMBER: ZONING: R1 - HEARING DATE: 23-Sep-99 ... APPEAL DATE: 13-0ct-99 DECISION: APPROVED - MINOR VARIANCE: TO REDUCE THE LOT FRONTAGE FROM THE REQUIRED 15 METRES (49.2 FT) TO 14.88 METRES (48.8 FT) TO PERMIT THE SEVERANCE OF A PROPOSED RESIDENTIAL LOT .. .. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND _ DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. ... .. .. fJ ,~ .. - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - COMMITTEE OF ADJUSTMENT PERIODIC REPORT - FILE NUMBER: A99/050 - ******************** APPLICANT: WEBB, JOAN - AGENT: POLLITT, GEORGE T. - PROPERTY DESCRIPTION 4645 DARLINGTON CLARKE TOWNLINE RD - PART LOT: 35 CONCESSION: 8 TOWNSHIP: CLARKE - PLAN NUMBER: ZONING: A - - HEARING DATE: 23-Sep-99 APPEAL DATE: 13-0ct-99 DECISION: APPROVED - MINOR VARIANCE: - TO RETAIN AN EXISTING ACCESSORY STRUCTURE WITH A TOTAL FLOOR AREA OF 129 SQ M (1387 SQ FT) OR 51% OF THE MAIN BUILDING'S TOTAL FLOOR AREA, INSTEAD OF THE MAXIMUM PERMITTED 40% OR 101 SQ M (1090 SQ FT) - - - REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. - - - JJJ - .. ~HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT .. PERIODIC REPORT .. FILE NUMBER: A99/051 ******************** .. APPLICANT: 1370432 ONTARIO INC. O/A LIZA HOMES - AGENT: DARYL HUDGIN .. PROPERTY DESCRIPTION 121 CECIL FOUND CRESCENT .. PART LOT: 30 CONCESSION: 3 TOWNSHIP: DARLINGTON .. PLAN NUMBER: 40M-1945 -1 ZONING: R2 - HEARING DATE: 23-Sep-99 .. APPEAL DATE: 13-0ct-99 DECISION: DENIED .. MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.56 METRE (14.96 FT), INSTEAD OF THE REQUIRED 6 METRES (19.7 FT). - .. REASON FOR DECISION: THAT AS THE APPLICATION IS NOT MINOR AND DESIRABLE, ~HE APPLICATION BE DENIED. .. .. .. .. )0 III - - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - COMMITTEE OF ADJUSTMENT PERIODIC REPORT - - FILE NUMBER: A99/052 ******************** APPLICANT: HAL I MNEN, LISA - AGENT: HALMINEN, PAUL - PROPERTY DESCRIPTION 615 MILL STREET SOUTH - PART LOT: 27 CONCESSION: BF TOWNSHIP: CLARKE - PLAN NUMBER: - ZONING: RC-1 & A1 - HEARING DATE: 23-Sep-99 APPEAL DATE: 13-0ct-99 DECISION: APPROVED - - MINOR VARIANCE: TO PERMIT A 0.27 HA (0.67 AC) AGRICULTURAL EXCEPTION (A-1) ZONED PARCEL TO BE ADDED TO AN EXISTING LOT KNOWN AS 615 MILL ST. S. (CREATED BY LD 175/96) ZONED RURAL CLUSTER EXCEPTION (RC-1). THE MINIMUM REQUIRED IS 40 HA (98.8 AC) . - - - REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. - - - ;J) ,I .. .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT .'vleeting: General Purpose and Administration Committee File # .. Date: Monday, October 4. 1999 Res. # .. Report # CD-34-99 By-law # Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF AUGUST. 1999 .. RECOMMENDATIONS: .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report CD-34-99 be received for information; and THA T a copy of Report CD-34-99 be forwarded to the Bowmanville Business Centre for their information. The following pertinent statistical information relates to Parking Enforcement activities for the month of August, 1999 and is provided herein for the information of Committee and Council. .. .. TICKETS ISSUED THIS MONTH YEAR TO DATE 1999 YEAR TO DA Tl: 1998 By Parking Enforcement 365 2869 3347 Officers By Police 15 170 93 By Public Works 0 102 76 i By Security Officers I 5 i 61 I 54 i I i i i i REVENUE I From Parking Meters $ 6,540.00 $ 42,255.71 $ 62,420.61 i From Parking Permits $ 0 $ 250.00 $ 2,350.00 I Fines $ 3,246.00 I $ 27,043.00 , $ 28,821.00 I I TOTAL REVENUE $ 9,786.00 $ 69,548.71 $ 93,591.61 .. .. .. .. Respectfully submitted Reviewed by .. ------." .. t..:.//" .=.- ,',' IC;.,tL:- Franknn Wu M,C.l.P" R.PP. Chief Administrative Officer - I :-.j 'r) .. , I _ .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. REPORT Meeting: General Purpose and Administration Committee File # f t ... Date: Monday, October 4, 1999 Res. # .. Report No. CO-37-99 By-law # _ Subject: AMENDMENTS TO SKATEBOARD AND BICYCLE BY-LAW ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ... 1. THAT Report CO-37-99 be received; and 2. THAT the amendment to By-law 89-107 to prohibit skateboards and bicycles interfering with the movement of traffic, attached to Report CO-37-99, be approved. .. ... BACKGROUND: ... Staff have received complaints from citizens concerning problems with individuals operating skateboards and bicycles in such a manner as to interfere with vehicular traffic movement on the streets. These issues have been referred to the Durham Regional Police for their action. ... The Regional Police have requested amendments to the current Skateboard and Bicycle By-law in order to assist them in dealing with this matter. .. Staff have discussed this matter with the Regional Police. The proposed amendment is intended to address their concerns. The proposed amendment will not act so as to prohibit skateboards and bicycles on the road, it will only regulate their activity. The amendment will also correct a deficiency in the By-law's penalty provisions. .. RECOMMENDATIONS: ... It is therefore recommended that the amendments be approved and passed. .. Respectfully submitted: Reviewed by: .. , ,-;<- /- , ---- /~/L_ ;l ^- f Franklin Wu, M.C.I.P., R.P.P. - . /..... Chief Administrative Officer ... _ / I ,I Patti L. Barrie, A.~.T. Municipal--Eterk ... LC/PLB \, .. ... J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON j BY -LA W 99- J Being a By-law to amend the Skateboard and Bicycle By-law J WHEREAS the Council of the Corporation of the Municipality of Clarington J deems It necessary to amend By-law 89-107 regulating the use of bicycles and skateboards: J - NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of J.... the MUnicipality of Clanngton enacts as follows: Section 4 is repealed in Its entirety and replaced with the following: J 4. No person shall ride a skateboard or bicycle on any public street in J.... a manner likely to Interfere with the movement of traffic. 5. Every person who contravenes any provision of this by-law is guilty of an offence and liable to a fine on conviction as provided for in the Ji Provincial Offences Act. 2. This By-law shall come into full force and effect on the date of its final passage. J .J BY -LAW read a first time this 12th day of October, 1999 J BY-LAW read a second time this 12th day of October. 1999 . .. BY-LAW read a third time and finally passed this 12th day of October. 1999 J J MAYOR J J MUNICIPAL CLERK J " .) _l J .. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. REPORT Meeting: General Purpose and Administration Committee File # .. Date: Monday, October 4, 1999 Res. # Report No. CD-38-99 By-law # _ ... Subject: APPOINTMENT OF PARKING ENFORCEMENT OFFICERS ... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report CD-38-99 be received; and - 2. THAT parking be prohibited on Darlington Park Road and on Down Road; and ... 4. .. 5. ... 3. THAT the Park Wardens be appointed as Parking Enforcement Officers in order to enforce the Municipality's Traffic By-law in the area adjacent to the Provincial Park; and THAT the proposed by-laws attached to Report CD-38-99 be forwarded to Council for approval, and; THAT the Darlington Provincial Park Superintendent be advised of Council's decision. BACKGROUND: .. Staff have received a request for assistance from the Acting Park Superintendent at the Darlington Provincial Park. Patrons of the park have been parking on the roadway around the park and then walking in without paying. In addition to the lost revenue for the park, this has created safety concerns for vehicles using the roads. A copy of the Park Superintendent's letter is attached to this report. .. ... PROPOSAL: .. Staff are proposing to prohibit parking on Darlington Park Road from Courtice Road to the park entrance and on both sides of Down Road. The Acting Park Superintendent, Mr. Formsma, has spoken to the Public Works Department and offered to cover the cost of the placement of the signs. This is estimated to be approximately $1,700. The Park Wardens will be appointed as Parking Enforcement Officers for the purpose of issuing tickets in this area. tilt .. It is therefore recommended that the appointments and amendments be approved and passed. Respectfully-su bm itted: Reviewed by: .. K: <',' . Ii ....;.:"i I ~fjj" ~ ---; ( I, / > I I '/ f , Patti LF Barrie, A.M.C.T. Municipal Clerk ,/ <' ,---- / / ( &i/e.c.c--- Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer ... , ' .' " I ... ,4 '. ~ ONTARIO PARI<S J J J J J J j j j J .J .J j j j .J J. j J :::arllngton ProVinCial Park '" elephone:905-436-2036 ~R # 2. Facslmlle:905-436-3729 i bOO Darlington Park Rd. 130wmanvlile. ON L I C 3 K3 August 19, 1999 Mr.Len Creamer Senior Bylaw Officer Municipality of Clarington 40 Temperance St Bowmanville, Onto L 1 C 3A6 Dear Mr Creamer Darlington Provincial Park IS experiencing problems with people parking their vehicles outside the park boundary and walking into the park. Besides the obvious problem of losing revenue it also creates congestion along the road and it becomes a safety hazard for people driving into the park. A good example was the evening of August 8, when there were approximately 50 vehicles parked along this road. I am asking you to assist us in resolving this problem by creating a "No Parking" zone along both sides of the Darlington Park Rd. and along Down Rd. We are willing to pay for the installation costs of the signs - up to $1,700.00. We also request authority for our park wardens to enforce this no parking zone by issuing your tickets. These park wardens are fully trained in enforcement practices and regularly write Provincial Offences Notices under the Provincial Parks Act and Liquor Licence Act. Their names and badge numbers are: Phil Kapostins Badge # 172, CharmaIne Scott Badge # 270 , Chad Giesche Badge # 170. Thank you for conSidering this proposal. Yours truly, ,] ~/J /cdJV"kYYY"~ .~acob Formsma AlPark Superintendent. Darlington ProVincial Park Ministry of Natural Resources @ Ontario .i _' .. .. .':'HE CORPORATION OF THE MUNICIPALITY OF CLARING'l'ON BY-LAW 99- ... ~eing ~ 3y-iaw :~ amend 3y-law ii-58, as ~~enaea. ~eing a 2y-law ~~ Regula~e ~=affic on :-:i.ghways. :-!unicipal ana ?ri.vate ?r~per~y in :.'1e :-!un~cipality at C:ar~ng~on ... ;.{HEREAS :::e C::unc~.i.:;t :heCorpora~ion Ct :he :1unicipality of =:ar~ng~on deems i: desiraole to amend By-law 91-58; .. NOW THEREFORE the Council of the Municipality at Clarington enacts as ::oll~ws: ~ 'I Schedule 'No Parking" ~f By-law 91-58 is amended by; ... A) ~dding the following reference: Column :. Column 2 Column J Column 4 Prohibited '!'ime or Davs :-'iqhway Side Between ... Jarlington Park :;'oad Darlington) North & South Court ice Road Anytime and the '...est l.imit of Darlington Park Road .. Down Road (Darlington) East & West Darlington Park Anytime Road and south limit of Down Road tilt .. 2) This By-law shall come into force on the date that it is approved and when signs to the effect are erected. .. BY-LAW read a first and second time this __ day of __ 1999 BY-LAW read a third time and finally passed this __ day of __ 1999 .. MAYOR .. CLERK ... .. .. ... .. ... 1,1 J CORPORA TION OF THE MUNCIPALlTY OF CLARINGTON J BY-LAW 99- Being a By-law to appoint a By-law Enforcement Officer j J WHEREAS Section 15 of the Police Services Act RSO. 1990 Chapter P.15 authorizes the CounCil of any MUnicipality to appoint one or more By-law Enforcement Officers. who shall be peace Officers for the purpose of enforcing the By-laws of the MuniCipality; J J AND WHEREAS it IS desirable to appoint the Park Wardens of the Darlington Provincial Park as Parking Enforcement Officers for the sole purpose of enforcing J the Traffic By-law of the Municipality in the areas adjacent to the Provincial Park J,. ( NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: j 1. Those persons named on 'Schedule A'. which is hereinafter attached and forms part of this by-law. are hereby appointed as By-law Enforcement Officers for the purpose of enforcing the Traffic By-law in the areas adjacent to the Darlington Provincial Parle j J BY-LAW read a first time this 12th day of October 1999 BY-LAW read a second time this 12th day of October 1999 BY-LAW read a third time and finally passed this 12th day of October 1999. j J - ------------------------------ j j MAYOR - - - - - - - - --... ------- ------------- \1UNICIPAL CLERK J J J , ....; I J ... ... ... SCHEDULE A TO BY-LAW 99- .. .. DARLINGTON PROVINCIAL PARK WARDENS: ... Chad Giesche Badge # 170 2. Phil Kapostlns Badge # 172 ... 3. Charmaine Scott Badge # 270 ... ... .. .. ... .. .. ... .. ... II. ... JO .. -- Meeting: --Date: Report No. "- Subject: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee File # Monday, October 4, 1999 Res. # CD- 39-99 By-law # _ ... REQUEST FOR EXEMPTION FROM REQUIREMENTS OF THE MUNICIPALITY'S FENCING BY-LAW -- ... .. .. .. .. .. .. .. .. .. .. .. .. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-39-99 be received; and 2. THAT Wayne Conrad be granted an exemption from the provisions of the Municipality's Fencing By-law to allow for a fence with a maximum height of 2.1 metres, in excess of the 1.8 metres presently allowed in the By-law; and 3. THAT Wayne Conrad be advised of Council's decision. BACKGROUND: Mr. Conrad is currently building a large home on King Street at the comer of Taunton Road in Hampton. On September 27, 1999 he appeared before Council to ask for an exemption from the maximum height proviSions of the Fence By-law. Mr. Conrad stated that he had been advised that the Region was planning to widen Taunton Road to four lanes from its current two. As a result, he does not feel that a 1.8 metre high fence will provide him with sufficient sound protection. He has therefore asked for an exemption from the By-law requirements to allow for a fence up to 3 metres tall. The By-law currently sets a height limit of 1.8 metres for residential properties. This is measured from grade to the top of the fence. The requested exemption would be in excess of what has been established as standard for industrial uses. Those areas are allowed fences only 2.4 metres in height. Mr. Conrad has asked for a significantly taller fence to act as a sound attenuation barrier for a project that may not be built for several years. According to the Regional Works Department, the road widening may not occur in this area for another twenty years. Without accurate information on traffic volumes and sound level readings it is impossible to gauge the need for a sound barrier at this time. Staff have reviewed this situation with the Planning Department and do not believe that a wall 3 metres high is necessary at this time. If a noise problem arises after the road is widened, this matter can be revisited, but at this time staff feel it is inappropriate. Over the years staff have inspected several situations where fences have been built in excess of he current 1.8 metre limit. Staff are currently preparing a new By-law for presentation to Council in the near future. The proposed height for residential rear and side yards will be set at 2.1 metres. /u9 Report CO-39-99 - 2- October 4, 1999 J J j J J J J J J j j j .J J J J J J J Staff do not have a problem allowing Mr. Conrad to build his wall to the 2.1 metre height and are therefore recommending that he be granted an exemption from the current By-law to allow him to begin construction of his fence at an approved height of 2.1 metres. Respectfully submitted: Reviewed by: LC/PB/mh h. /t~ ranklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer /lu L L L L L L l L l L l L L l L l L L L ON: TR-57-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: October 4, 1999 Res. # Report #: Subject: TR-57 -99 FILE#: By-law # Co-operative Tender 99-FI-02, Domestic Fuel Oil 1999/2000 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-57 -99 be received; 2. THAT Ultramar Ltd., OShawa, Ontario with a net unit price in the amount of $ .2354 per litre (including G.S.T.), meeting all terms, conditions and specifications of the Co-operative Tender 99-F 1-02 be awarded the contract to supply and deliver No.2 Domestic Fuel Oil to the Municipality of Clarington for the 199912000 winter season; and 3. THAT the funds expended be drawn from the 199912000 budget allocation for heating of facilities. BACKGROUND AND COMMENT: A Co-operative Tender was issued for the supply and delivery of NO.2 Domestic Fuel Oil. Affiliated Hall Boards, Museums and Park Boards were given the option of being included in this tender. Subsequently, the bids were received and tabulated as per the attached Bid Summary, marked Schedule "A". The required funds will be drawn from the 1999/2000 budget allocation for heating of facilities from which there are adequate funds available. The Treasurer has reviewed the funding requirements and concurs with the recommendation. ... ; I REPORT NO.: TR-57-99 PAGE 2 The price tendered represents a price increase of twenty-one (21 %) over the 1998/99 prices. Note, with respect to the issue of firm pricing versus non-firm pricing, the host agency for this tender has solicited the opinion of two independent specialists in the field. Both indicated that they feel oil price will not increase significantly over the next while and should in fact top out and begin to decrease slightly. Based on this, it is the recommendation of the co-operative that the low bid be accepted. In comparison to the tendered unit price of $ .2354, the average household price is approximately 70% higher. For the information of Council, the 1998/99 expenditure for this contract was approximately $37,000.00. After further review and analysis of the bids by Purchasing, it is recommended that Ultramar Ltd., OShawa, Ontario, be recommended for the contract award to supply and deliver No.2 Domestic Fuel Oil, as required by the Municipality of Clarington. Respectfully submitted, Reviewed by, ,/ /' ,,'" .' .',' ./: (/ ~ f cf.({,:- '- Franklin Wu, M.C.I.P.,R.P.P., Chief Administrative Officer I I I pv f MM*LAB*km Jvi.... I I J I I ;I . J J J J 1 J J J J I j I I L L L L L L l L l l l L L l L L L SCHEDULE "A" BID SUMMARY CO-OPERATIVE TENDER 99-F1-02 NO.2 DOMESTIC FUEL Oil (BASED ON ESTIMATED MUNICIPALITY OF CLARINGTON REQUIREMENTS OF APPROXIMATELY 100,000 L1TRES) BIDDER' FIRM v; Utramar Ltd. NO OShawa, ON Imperial Oil NO .2569 Downsview, ON Perry Fuels YES .2675 Oshawa, ON Thermoshell YES .2828 Markham, ON UPI Inc. NO .2943 Guelph, ON t ... ... J.J) -. ... THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT .... ; I .... Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: OCTOBER 4, 1999 Res. # , f .. Report No.: WD-37-99 By-Law # Subject: ORONO MILL POND DAM TRANSFER OF OWNERSIDP TO MUNICIPALITY .... Recommendations: .... It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: .. 1. THAT Report WD-37-99 be received; ... 2. THAT the Municipality of Clarington accept ownership of the Orono Mill Pond Dam conditional on satisfactory completion of works to convert the dam to an overflow weir by the Ministry of Natural Resources; 1 ... i ! ... i i. 3. THAT the transaction and works be completed at no cost to the Municipality; 4. THAT the attached by-law be passed authorizing the Mayor and Clerk to execute the necessarydocU[Oents;and ... i ... 5. THAT T.C. Smith. Area Supervisor, York-Durham, Aurora District, Ministry of Natural Resources, be advised of Council's decision. \ ~ REPORT ! L. 1.0 ATTACHMENTS No.1: Correspondence from the Ministry of Natural Resources dated August 10, 1999 No.2: Correspondence from Municipality of Clarington (S. Vokes) to Ministry of Natural Resources, dated August 25, 1999 No.3: Proposed by-law .. ... I i ... 1 . 'I ,U REPORT NO.: WD-37-99 PAGE 2 J J J J J J J J J J J J J J J J J J J 2.0 BACKGROUND 2.1 The Ministry of Natural Resources, in their correspondence of August 10, 1999, proposed to convert the Orono Mill Pond Dam to an overflow weir and requested that when the works were completed, the Municipality accept ownership and assume maintenance responsibilities for the site. 3.0 REVIEW AND COMMENT 3.1 The Ministry proposes to spend $50,000 to complete the works to convert the Orono Mill Pond Dam to an overflow weir. The works include removal of winches, permanent installation of stop logs and the installation of an emergency spillway across the road embankment (Concession Road 5/Mill Pond Road) and restoration works for stabilization and bank protection. 3.2 The Public Works Department, in their correspondence of August 25, 1999, as well as in subsequent telephone conversations, have: i) confirmed that the works will be completed to the satisfaction of the Director of Public Works; ii) determined that the Ministry of Natural Resources intend to proceed with the project; and iii) established a meeting date to review the proposed plans, scheduling and construction details of the project. Further action with respect to the project is subject to Council approval. 3.3 The Public Works Department recommends that the Municipality agree to the proposal, provided the works are completed to the satisfaction of the Director and at no cost to the Municipality. 1 2 '- REPORT NO.: WD-37-99 PAGE 3 , II. 4.0 4.1 CONCLUSION ~ l .. Since time to complete the works is a factor, it is recommended that the proposed By-law be passed and acceptance of the transfer of ownership be subject to the works being completed to the satisfaction of the Director of Public Works. ... Respectfully submitted, Reviewed by,. i... '- ~V~ Stephen A. Vokes, P. Eng., Director of Public Works u~ , Franklin Wu, -h.J Chief Administrative Officer L'" II. \ i .. JCO*SA V*ce f 29/09/99 l.. Pc: Ministry of Natural Resources T.C. Smith Area Supervisor, York-Durham Aurora District 50 Bloomington Road West Aurora, ON L4G 3G8 II. I ! ... , ... .. i I.. I ... \ ~ ... I ... , i. f ... 1 I U 3 Ministry of Natural Resources @ Ontario ~i'inISlere des Richesses naturelles 50 Bloomington Road West Aurora. Ont. L4G 3GB August 10. 1999 Municipality of Clarington 40 Temperance Street Bowmanville,Ont. L1 C 3A6 Attention: Franklin Wu, CAO. Dear Mr. Wu: SUBJECT: Orono Mill Pond Dam located on Mill Pond Road, Lot 29, Concession 4, Clarke Twp., MuniciDalitv of elarinaton. Reaion of Durham The Orono mill pond dam is found on the road right-of-way of the 5t1 Concession RoadIMiII Pond Road, and backs the waters of the Orono Branch of Wilmot Creek. The dam acts as a bridge for Mill Pond Road in the Village of Orono. A dam inspection report by the engineering section of Ministry of Natural Resources (MNR) was recently completed on the Orono mill pond dam. This report recommended the dam could be converted to an overflow weir with removal of the winches, pennanent installation of stopiogs and the installation of an emergency spillway across the road embankment. Upon completion of these works the dam would require no operation and essentially would be self sufficient. Funding for the conversion of the Orono mill pond dam to an overflow weir has been made available to this office for this fiscal year. I know that there has been discussions in the past regarding the ministry divesting this structure to the municipality. At this time we would again like to offer a partnership with the Municipality of Clarington to consider. We are prepared to spend $50,000 on the dam alteration. This ministry would also contribute to project funding that would be used to enhance the environmental site conditions at the dam and pond, such as tree and shrub planting projects for bank protection. Once the work on the dam is completed the Municipality would take ownership of the Orono mill pond dam. We would be in a position to begin the appropriate works as soon as the arrangements can be made as early as this fall. If you would like to discuss this matter further, please contact me at the telephone number listed below. <J:'eo/' L ( T.e. sm.f Area Supervisor, York-Durham Aurora District (905) 713-7404 FAi I" 906-1~ -18" CC: Judi Orendorff, MNR 1 j J 4 ATTACHMENT NO.: 1 REPORT NO.~ WD-17_C)Q J J J J J J J J j J J J j J J J J J J ... \ ~ , , ... i.. L. t; i ... I i.. ; I ... I L. f I... t i. ... , t ... f ... t~ .. ... .-\ugust .25, 1999 /U ','UNIC:PAL,i'{ CC= V_larington ::NTARIO \1inistry of ~atural Resources 50 Bloomington Road West AURORA. Ontario L~G 3G8 Attention: T.c. Smith. Area Supervisor. York-Durham Dear Sir: RE: ~ Orono Mill Pond Dam Located on Mill Pond Road Lot 29, Concession 4, former Clarke Township Municipality of Clarington, Region of Durham This is in response to your correspondence dated August 10, 1999, addressed to Mr. Franklin Wu, C.A.O., regarding the subject Orono Mill Pond Dam. The Public Works Depanmeflt has considered your proposal to conven the Orono Mill Pond Dam at a cost of $50,000, and to convey ownership of the Dam to the Municipality. My understanding of the proposal is that the cost of the conversion works will be paid by the Ministry and when the conversion is complete, the Municipality would assume ownership and responsibility for its operation and maintenance. The Public Works Depanment is prepared to recommend to Council that the Municipality assume ownership of the Orono Mill Pond Dam conditional on the completion of the works described in your correspondence to the satisfaction of the Director, at no cost to the Municipality. Please advise me if you intend to proceed with the project as it will be necessary to repon to Council and receive approval, in principle, to your proposal. Following receipt of Council's approval, prior to commencement of the works, please contact Don Patterson, Manager of Operations (905-263-2292) to review the proposed plans and discuss scheduling and construction details of the project. When the project is complete, we will arrange to inspect the works and complete the conveyance. Yours truly ~~ .. Stephen A. Vokes, P. Eng., Director of Public Works L. :jco i ~. ... I ~ .. pc: Franklin Wu, C.A.O. Don Patterson. Manager of Operations j ...J ....,.' ATTACHMENT NO.: ~ REPORT NO.: WD-3~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 4 0 T E .. P ~ A .& III r:. I: c:: T D e ~,. _ 110 _ ~ u .. .... ... .. . _ _ _ _ _ J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON J BY-LA W NUMBER 99- being a by-law to authorize the execution of the Land Transfer Agreement between the Corporation of the Municipality of Clarington and the Ministry of Natural Resources. J J WHEREAS the Ministry of Natural Resources is the owner of the Orono Mill Pond Dam. J AND WHEREAS the Ministry of Natural Resources have proposed to convert the Dam to an overflow weir at no cost to the Municipality. AND WHEREAS Council at it's meeting of October 4, 1999 approved the Recommendations in Report WD-37-99 by Resolution GPA- -99. J NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: J 1. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality ofClarington. the Land Transfer Agreement between the Corporation of the Municipality ofClarington and the Ministry of Natural Resources. J 2. THAT this by-law will come into effect when the works are completed to the satisfaction of the Director of Public Works. .. J BY -LAW read a first and second time this 12th day of October. 1999. J BY-LAW read a third time and finally passed on this I2lh day of October, 1999. J J MAYOR J J CLERK J J J J , r' JO ATTACHMENT NO.: 3 REPORT NO.: WD-37-99 J - UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - REPORT - PIG\ .A~ Meeting: COUNCIL File # - Date: September 27, 1999 Res. # Report #: CD-36-99 By-law # - Subject: DECLARATION OF VICIOUS DOG. HOLKEMA - - It is respectfully recommended: - 1. THAT Report CD-36-99 be received; and - 2. THAT the vicious dog declaration served on Wendy Holkema be upheld. BACKGROUND AND COMMENT - - On August 20, 1999, a declaration of vicious dog was issued to Wendy Holkema, 75 Roser Crescent, Bowmanville. The complainant in this incident advised that her seven year old daughter was playing at the residence of Ms. Holkema when Holly, a three year old springer spaniel, bit her. The girl's hand was punctured and she was hospitalised for three days at Scarborough Grace because of an infection in the puncture wound. The Public Health Department has been advised of this incident. - - Upon investigation it was felt by the Animal Services Officer that the dog had not been provoked by the child and therefore a declaration of vicious dog was issued to the owner. The declaration requires the owner to: - 1. licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation, at his expense, within 21 days of receipt of this Declaration. Proof of such registration must be provided to the Animal Services Division within 30 days; - 2. notify Clarington Animal Shelter immediately upon relocating the dog or upon transferring ownership of the dog; - 3. restrain the dog at all times, while the dog is on his property, by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the dog from leaving the property and to prevent contact with people and other animals; - 4. restrain the dog at all times, while the dog is off his own property, with the use of a muzzle and a leash no longer than 6 feet and under the care and control of a person who is 16 years of age or older. - - 1 J u I .. Report CD-36-99 - 2 - September 27,1999 .. Ms. Holkema will be addressing Council on September 27,1999, to appeal the declaration. It is staffs recommendation that the declaration of vicious dog be upheld due to the severity of the incident. ... .. Reviewed by L-J {tL.- (C ---'::Lte')L Franklin Wu, M.C.I.P. Chief Administrative Officer ... .. Interested parties to advised of Council's decision: III Wendy Holkema 75 Roser Crescent Bowmanville, Ontario L 1 C 3P1 .. lit lit .. .. .. .. .. .. IllIiI .. 1 J 'J i III