HomeMy WebLinkAbout11/16/2009
Claringl... .'1)n
Elll'l'gizillg Olllal'io .
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
November 16, 2009
9:30 A.M.
COUNCIL CHAMBERS
1. MEETING CALLED TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. MINUTES
(a)
Minutes of a Regular Meeting of November 2, 2009
401
5. PRESENTATIONS
(a) Pam Lancaster, Stewardship Technician, Ganaraska Region
Conservation Authority, Regarding the Clean Water Healthy Land
Funding Program
(b) Phil Meagher, Deputy General Manager - Operations at Durham Region
Transit, Regarding Long Term Transit Strategy for Durham Region
(c) Sheila Hall, Clarington Board of Trade, Regarding an Economic Update
6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List)
No Delegations
7. PUBLIC MEETINGS
No Public Meetings
8. PLANNING SERVICES DEPARTMENT
(a)
PSD-107-09 Monitoring of the Decisions of the Committee of
Adjustment for the Meeting of October 29, 2009
801
CORPORATION OF THE MUNICIPALITY OF CLARINGTOr
60 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-337
G.P. & A. Agenda
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November 16,2009
(b) PSD-108-09 Minor Variance to Sign By-law 97-157 807
Applicant: Sullivan & Co. Chartered Accountant
(c) PSD-109-09 Release of Official Plan Review Discussion Paper One 815
"Let's Have a Discussion. ..Improving our Built
Environment and the Planning Process"
(d) PSD-110-09 Rezoning of Portion of Rona Lands from "Environmental 820
Protection Exception (EP-2) Zone" to "Special Purpose
Commercial (C-5) Zone"
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-032-09 Monthly Report on Building Permit Activity for October, 901
2009
10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-013-09 Monthly Response Report - October 2009
1101
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-025-09 3rd Quarter Parking Report
1301
14. CORPORATE SERVICES DEPARTMENT
(a) COD-066-09 Darlington Sports Centre Renovation Pre-Purchase of Ice 1401
Plant
(b) COD-067-09 Information Report - Broadband Expansion 1404
(c) COD-068-09 CL2009-20, High S1.; First S1.; Third S1.; and Fourth S1. 1410
Reconstruction
(d) COD-069-09 RFP2009-12 - Leasing/Operation of Pro-Shops in 1421
Municipal Recreation Centres
(Confidential Schedule "A" distributed under separate
cover)
G.P. & A. Agenda
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November 16, 2009
15. FINANCE DEPARTMENT
(a) F N D-030-09 Third Quarter Finance Update 1501
(b) FND-031-09 Report on Revenue Sensitive to Economic Conditions - 1508
September 2009
(c) FND-032-09 Service Fee Increases 1514
16. CHIEF ADMINISTRATIVE OFFICE
(a) CAO-010-09 Code of Conduct for Council Members
1601
17. UNFINISHED BUSINESS
18. OTHER BUSINESS
19. COMMUNICATIONS
20. ADJOURNMENT
Cl!l[#]gton
General Purpose and Administration Committee
Minutes
November 2, 2009
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, November 2, 2009 at 9:30 a.m. in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Director of Corporate Services & Human Resources and Acting
Chief Administrative Officer, M. Marano
Director of Community Services, J. Caruana
Director of Engineering Services, 1. Cannella
Director of Planning Services, D. Crome
Director of Finance, N. Taylor
Deputy Fire Chief, Emergency Services, M. Berney
Deputy Clerk, A. Greentree
June Gallagher, Clerk II
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated at this meeting.
ANNOUNCEMENTS
Councillor Novak announced that she represented the Regional Chair, Roger Anderson,
at the Cardinal's Dinner on Thursday, October 29,2009.
In addition, she wanted to remind everyone that Regional Transit is having an open
house today (November 2, 2009) from 4:00 p.m. to 8:00 p.m. at the Garnet B. Rickard
Recreation Complex regarding the Durham Region Transit Strategy.
Councillor Hooper announced that Mr. AI Storie, along with one of Mr. Shrubb's family
members, had recently travelled to England, for the induction of Mr. Alfie Shrubb into
the Sports Hall of Fame for England. He explained that Mr. Shrubb was a long distance
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General Purpose and Administration Committee
Minutes
November 2, 2009
runner from the local area. Mr. Storie would like to come to Council for a formal
presentation at a later date.
Mayor Abernethy advised the Committee that he received notification from Laurie
Swami, Director, Licensing and Environment for the Darlington New Nuclear Project, of
a joint announcement by the Federal Minister of the Environment and the President of
the Canadian Nuclear Safety Commission regarding an announcement of the Joint
Review Panel for OPG's New Nuclear at Darlington Project. They announced the
members of the Joint Review Panel (JRP) who will preside over the Project's
environmental assessment. The panel members are Mr. Alan R. Graham as the panel
chair, and Ms. Jocelyne Beaudet and Mr. Joseph Kenneth Pereira. The JRP is
accountable for conducting a six-month technical and public review of the submission
likely starting in November 2009 and subsequent to the completion of the review, the
JRP will host hearings later in 2010 which will be open to the public.
MINUTES
Resolution #GPA-588-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on October 19, 2009, be approved.
CARRIED
PRESENTATIONS
There were no presentations.
DELEGATIONS
Resolution #GPA-589-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the rules of order be suspended to amend the list of delegations.
CARRIED
Resolution #GPA-590-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Ms. Libby Racansky be allowed to speak at the end of the delegations.
CARRIED
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General Purpose and Administration Committee
Minutes
November 2, 2009
Greg Milosh addressed the Committee regarding the Brookhill Neighbourhood Official
Plan Review. He lives in Oshawa and his family owns land in Bowmanville. He referred
to the handouts that he distributed to the Committee, which were Attachments #1 and
#2 to Report PSD-028-08. The 42 acres are owned by 10 people who are relatives and
has been owned by the family since 1980. Approximately 4 years ago, they started to
receive some interest from real estate agents, which was at the same time that the
plans for the Brookhill neighbourhood began. The family started to research property
values at that time and met with the Municipality's Planning Staff. He acknowledged
that the Planning Staff have been very helpful, cooperative and responsive and that he
is pleased with the cooperation with the Planning Department. Mr. Milosh indicated that
there have been two obstacles that they have encountered. One of the obstacles has
been that the Ministry of Municipal Affairs & Housing has declared the northern half of
the neighbourhood as a greenbelt. However, this is inaccurate and he requires it to be
corrected. M.P.P. John O'Toole and the Municipality's Planning staff have brought this
oversight to the attention of the Ministry. The second issue is that the Municipality's
Official Plan Review will affect the zoning on his property and the Review has not been
completed yet. fv1r. Milosh said that this is causing problems in the sale because the
development time frame is in question. He asked the Committee whether they could
advise on the timing of the Official Plan Review. Mr. Milosh confirmed that he is aware
that the process is time consuming, but asked that the Official Plan Review be
expedited.
Bill Creamer, from D.G. Biddle and Associates, addressed the Committee regarding
Report PSD-1 00-09 (Courtice Homestead Land Corp.). Mr. Creamer accepts the
recommendations of Report PSD-1 00-09 but wanted to bring one issue to the attention
of the Committee. The issue is regarding the R1-77 zone and he asked that the side
yard setbacks be changed to 0.6 and 1.2, which is the same as the remaining lots on
that side.
Richard Ward addressed the Committee regarding the scope of Report FND-029-09
with respect to Mr. Ward's delegation at the last GPA meeting. In 1996, he had
requested an Official Plan change and his was the only one refused, out of the several
that were put forward. Subsequent to that request, he was unfairly impacted on his
property assessment and he believes that the tax assessment increase process should
have been frozen when he was frozen out of the Official Plan change process. He
informed the Committee that he recently asked for an Official Plan designation to
acknowledge that there is a single use on the property. In addition, he mentioned that
the Municipality was surcharging him ($170/year) for garbage pickup which he was
disputing. The result has been that garbage pickup was suspended. In 1999, he began
asking questions about the golf course in Ajax, which he believes resulted in the Tax
Collector issuing a distress warrant notice. Mr. Ward also believes his inquiries also led
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the Municipal Offices. He stated that he believes that his Charter of Rights has been
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General Purpose and Administration Committee
Minutes
November 2, 2009
violated. He asked the Committee to suspend his property taxes while a full
investigation takes place. Mr. Ward indicated that he stopped working on his house and
refused to do maintenance on his property as the property assessment was
unjustifiable, which resulted in a order to clean up his property. Mr. Ward confirmed that
his property is zoned "hamlet" by the Region and zoned half Agriculture and half
Residential by the Municipality of Clarington. He provided the Committee with
information about property values and offers from the 407 ETR on two other properties
owned by others, which he confirmed was heresay but from a good source. Mr. Ward
confirmed that he has submitted, in the past, a "Request for Consideration" and several
appeals to MPAC.
Libby Racansky addressed the Committee regarding Reports PSD-100-09 and
PSD-104-09. Her concern was regarding the Special Study being included in the
application. She stated that she hoped that the road from the Homestead development
northward on the Plan will not be extended prior to the watershed study. She quoted
some concerns about the Special Study Area by the Durham Region, Central Lake
Ontario Conservation Authority, Ministry of Natural Resources and the Ministry of
Municipal Affairs and Housing. Ms. Racansky stated that she did not understand why
this area was even included within the Homestead application. She was concerned with
the budget and she did not think that the Municipality will be able afford problems of
erosion. She asked whether the Municipality was aware of dealing with the sensitive
aquifer and that this included the protection of what lies below the ground, including the
groundwater. She stated that she believes that the Municipality completely ignored
natural laws and further that each unnecessary project to fix these problems,
cumulatively, led to this year's budget shortfall. Ms. Racansky concluded that she
approves the Homestead development, but not the extension of any kind, within the
Special Study and further that a financial contribution for downstream erosion should be
required to avoid financial pressure on the Municipality and taxpayers.
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
There were no Public Meetings.
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General Purpose and Administration Committee
Minutes
November 2, 2009
PLANNING SERVICES DEPARTMENT
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING
BY-LAW AND FOR DRAFT PLAN OF SUBDIVISION TO PERMIT THE
DEVELOPMENT OF 31 SINGLE DETACHED DWELLING UNITS
APPLICANT: COURTICE HOMESTEAD LAND CORPORATION
Resolution #GPA-591-09
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report PSD-100-09 be received;
THAT Amendment No. 68 to the Clarington Official Plan as submitted by Courtice
Homestead Land Corporation, to delete Type 'C' Arterial Road (Future Adelaide
Avenue) east of Trulls Road, be adopted as indicated in Attachment 4 to Report
PSD-100-09 and that the By-law contained in Attachment 4 to Report PSD-100-09 be
adopted;
THAT the application for Draft Approval of the Proposed Plan of Subdivision submitted
by Courtice Homestead Land Corporation be approved as contained in Attachment 2 to
Report PSD-1 00-09, subject to the Conditions of Draft Approval, contained in
Attachment 5 to Report PSD-1 00-09;
THAT the application for Zoning By-law Amendment, submitted by Courtice Homestead
Land Corporation be approved as contained in Attachment 6 to Report PSD-1 00-09;
THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2007-0002 and the Municipality of Clarington be
approved as contained in Attachment 7 to Report PSD-1 00-09;
THAT a copy of Report PSD-1 00-09 and Council's decision be forwarded to the Region
of Durham Planning Department and the Municipal Property Assessment Corporation;
and
THAT all interested parties listed in Report PSD-1 00-09 and any delegations be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
November 2, 2009
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF OCTOBER 15, 2009
Resolution #GPA-592-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report PSD-103-09 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
October 15, 2009 for applications A2009-0037 through A2009-0039 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: ARNOT WOTTEN
Resolution #GPA-593-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report PS D-1 04-09 be received;
THAT the application submitted by Arnot Wotten to remove the Holding (H) symbol be
approved;
THAT the By-law attached to Report PSD-104-09 to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-1 04-09, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
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General Purpose and Administration Committee
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EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO
THE APPRAISED VALUE
Resolution #GPA-594-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-1 05-09, regarding the matter of the Expropriation of 902714 Ontario
Inc. (Bruce Brown) Adjustment to the Appraised Value, be referred to the end of the
Agenda to be considered in a closed meeting of the Committee.
CARRIED
ENGINEERING SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
OPERATIONS SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports to be considered unde~ this section of the Agenda.
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
CUSTOMER SERVICES STANDARDS - ACCESSIBILITY FOR ONTARIANS WITH
DISABILITIES ACT, 2005
Resolution #GPA-595-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-023-09 be received; and
THAT the Customer Service Standard Policy included as Attachment NO.1 to Report
CLD-023-09 be approved and incorporated into Corporate Policy.
CARRIED
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General Purpose and Administration Committee
Minutes
November 2, 2009
ANIMAL SERVICES QUARTERLY REPORT - July - September, 2009
Resolution #GPA-596-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report CLD-024-09 be received for information; and
THAT a copy of Report CLD-024-09 be forwarded to the Animal Alliance of Canada and
the Animal Advisory Committee.
CARRIED
2010 MUNICIPAL ELECTIONS - REQUEST FOR CLERK TO REPORT
Resolution #GPA-597-09
Moved by Councillor Foster, seconded by Councillor Novak,
THAT the Clerk report on the costs, benefits, possible drawbacks and other information
that the Clerk deems pertinent, regarding automatic vote tabulation in comparison with a
manual count with respect to the 2010 Municipal Elections.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
TENDER CL2009-43, SENIORS & PHYSICALLY DISABLED SIDEWALK AND
WINDROW SNOW CLEARING SERVICES REVISED
Resolution #GPA-598-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report COD-062-09 be received;
THAT Birds Property Management and Grounds Control, Hampton, ON with a total bid
price of $64,080.80 (excluding G.S.T.), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2009-43, be awarded the contract for
the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services
Revised;
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General Purpose and Administration Committee
Minutes
November 2, 2009
THAT pending satisfactory pricing and service the contract be extended for a second
and third year;
THAT Council authorize the insertion of an advertisement in local papers informing
residents of the reinstatement of the program;
THAT the annual administration fee for the 2010/2011 Seniors & Physically Disabled
Sidewalk and Windrow Snow Clearing Services be reviewed and reassessed in the
Spring of 2010; and
THAT the funds expended be drawn from the Operations Department Annual Operating
Budget( s).
TABLED AS AMENDED
(See following motion)
Resolution #GPA-599-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the foregoing resolution be amended by adding the words "as soon as possible",
at the end of the sentence in Paragraph 4.
CARRIED
Resolution #GPA-600-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the report be tabled to the Council meeting of November 9,2009.
CARRIED
The foregoing Resolution #GPA-598-09 was then tabled as amended.
TENDER CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS
Resolution #GPA-601-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-063-09 be received;
THAT KLD Construction Limited, Ajax, ON with a total bid price of $389,085.00
(excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions
and specifications of Tender CL2009-41, be awarded the contract for the FuelTank
Requirements at Various Locations;
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General Purpose and Administration Committee
Minutes
November 2, 2009
THAT funds required in the amount of $139,185.00 be drawn from the Operations 2009
Capital Budget Account 110-36-370-83677-7401 for Depot 42; and
. THAT funds required in the amount of $249,900.00 be drawn from the General
Municipal Reserve Fund for Hampton and Orono Operations Centre.
CARRIED
HOLIDAY TRAIN IN CLARINGTON
Resolution #GPA-602-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report COD-064-09 be received;
THAT Council approve and endorse the Municipality's participation in the 2009 event
within budget implication;
THAT Council approve and endorse that the required Road Occupancy permit be held
in the Municipality's name and insured under the general municipal policy; and
THAT Ms. Ellen Cowan, a private citizen, be recognized and thanked for her financial
support and continued enthusiasm for the Holiday Train initiative.
CARRIED
Councillor Robinson left the room at 11 :03 a.m. prior to the foregoing Resolution
#GPA-602-09 being voted upon.
Councillor Robinson returned to the meeting at 11 :06 a.m.
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General Purpose and Administration Committee
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November 2, 2009
FINANCE DEPARTMENT
RICHARD WARD'S REQUEST TO SUSPEND TAX SALE PROCESS ON HIS
PROPERTY
Resolution #GPA-603-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with personal
matters about an identifiable individual, including municipal or local board employees,
regarding Report FND-029-09, regarding the matter of Richard Ward's request to
suspend the tax sale process on his property.
CARRIED
Councillor Novak left the meeting at 11 :06 a.m.
Councillor Novak returned to the meeting at 11 :08 a.m. after the Committee had moved
to closed session.
The meeting reconvened in open session at 11 :18 a.m.
RISE AND REPORT
Mayor Abernethy reported that one item was discussed in "closed" session in
accordance with Section 239 (2) of the Municipal Act, 2001, as amended and that no
resolutions were passed.
Resolution #GPA-604-09
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report FND-029-09 be received;
THAT Council deny Mr. Ward's request to suspend the Tax Sale process on his
property located at 3709 Regional Road 9, Orono, Ontario;
THAT Council deny Mr. Ward's request to remove property standards cost for property
clean up from his tax roll; and
THAT this resolution be forwarded to Mr. Richard Ward.
CARRIED
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General Purpose and Administration Committee
Minutes
November 2, 2009
CHIEF ADMINISTRATIVE OFFICER
There were no reports to be considered under this section of the Agenda.
UNFINISHED BUSINESS
FIRE SERVICES LONG SERVICE MEDALS/FIREFIGHTER RECOGNITION
CEREMONY
Resolution #GPA-605-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report ESD-012-09 be received for information.
CARRIED
REPORT COD-033-09, REGARDING PAY EQUITY: CUPE LOCAL 74 UNION
MUNICIPAL ACT LIBRARY: MERCER PLAN IMPLEMENTATION
Resolution #GPA-606-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the verbal report by Mr. Bruce Martin from Mercer Consultants on May 4, 2009 be
received;
THAT the Memorandum of Understanding for implementation of the revised Pay Equity
Plan, signed by CUPE Local 74 on behalf of the Inside, Outside and Library Union
Members of Council (Attachment #1) be accepted as confirmation of the Plan as a
deemed approved plan for Pay Equity Purposes;
THAT the Mercer Pay Equity Plan be approved by Council for implementation;
THAT the recommended adjustments resulting from the Consultant's review of the pay
equity process, be effective at January 1, 2009;
THAT the Pay Equity banding be reviewed for updating and possible realignment if
necessary, to reflect the appropriate separation between grid levels and bargaining
units, at the conclusion of the three year review period;
THAT, consistent with the industry norm and Municipality of Clarington practice since
2006, future recommendations by the Pay Equity Committees regarding Pay Equity
adjustments to compensation be approved by the CAO;
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General Purpose and Administration Committee
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THAT the Library Board be advised of Council's decision as the Municipality is the
recognized employer for Pay Equity Purposes; and
THAT the Union Local 74 President be advised of Council's decision and approval of
the plan as an approved plan in satisfaction of the Pay Equity Act obligations, and that
they be thanked for the Union Members' contributions and participation in the revision
process.
CARRIED
DELEGATION - GREG MILOSH'S BROOKHILL NEIGHBOURHOOD OFFICIAL PLAN
REVIEW
Resolution #GPA-607-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Greg Milosh, regarding the Brookhill Neighbourhood Official
Plan Review, be received with thanks.
CARRIED
OTHER BUSINESS
Councillor Robinson rose to bring forward the issue of the local family that was affected
by a recent F1 tornado. He mentioned that this issue will be included on the November
9, 2009 Council! meeting as correspondence.
Mayor Abernethy brought forward the issue of the Bowmanville & Newcastle Santa
Claus Parades yearly requests which will be included on the November 9,2009 Council
meeting as correspondence.
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General Purpose and Administration Committee
Minutes
November 2, 2009
UNFINISHED BUSINESS - (CONTINUED)
EXPROPRIATION OF 902714 ONTARIO INC. (BRUCE BROWN) ADJUSTMENT TO
THE APPRAISED VALUE
Resolution #GPA-608-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT in accordance with Section 239 (2) of the Municipal Act 2001, as amended, the
meeting be closed for the purpose of considering Report PSD-105-09, regarding the
matter of the Expropriation of 902714 Ontario Inc. (Bruce Brown) Adjustment to the
Appraised Value, which deals with a proposed or pending acquisition or disposition of
land by the municipality or local board.
CARRIED
Councillor Robinson left the meeting prior to moving into Closed Session.
The Committee moved into Closed Session at 11 :30 a.m.
The meeting reconvened in open session at 11 :38 a.m.
RISE AND REPORT
Mayor Abernethy reported that one item was discussed in closed session in accordance
with Section 239 (2) of the Municipal Act, 2001, as amended. No resolutions were
passed in closed session.
Resolution #GPA-609-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-1 05-09 be received;
THAT an additional payment of $241 ,050.00 plus interest calculated as set out in the
Expropriation Act, Section 33, be forwarded to 902714 Ontario Inc. (Bruce Brown) with
funds to be provided from Account No. 110-50-130-85002-7401 Land Acquisition; and
THAT all interested parties listed in Report PSD-1 05-09 and any delegations be advised
of Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
November 2, 2009
COMMUNICATIONS
There were no items considered under this section of the Agenda.
ADJOURNMENT
Resolution #GPA-61 0-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the meeting adjourn at 11 :40 a.m.
CARRIED
MAYOR
DEPUTY CLERK
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Cl![-!lJgtnn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, November 16, 2009
Report #: PSD-107-09
File No's: A2009-0040 through A2009-0043
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 29, 2009.
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-107-09 be received; and,
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
October 29, 2009 for applications A2009-0040 through A2009-0043 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
Submitted by:
Da i . Crome, MCIP, RPP
Director of Planning Services
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Reviewed by: '---/ ~- - ~
Franklin Wu,
Chief Administrative Office
MH/CP/av/df
2 November 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
801
REPORT NO.: PSD-107-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISION OF COMMITTEE OF ADJUSTMENT FOR
October 29,2009
~'A'. Iication:Nulllber.
A2009-0040
A2009-0041
A2009-0042
A2009-0043
Staff Recommendation .
A
A rove
A rove
A roved with conditions
Dj(:isiorlOfCommittt~j.;~
A rove
A rove
A rove
A roved with conditions
1.2 Application A2009-0040 was filed to permit the construction of a mixed use building, by
reducing the minimum required landscape strip abutting the westerly property line from
3 metres to 1.5 metres, by allowing for a dental office use with a maximum floor area of
210 square metres, and also by increasing the maximum permitted gross commercial
floor space from 400 square metres to 415 square metres.
The proposed dental office is similar to other permitted uses and will not result in an
increase in the amount of parking required on the subject site. The proposed reduced
landscape strip will be mitigated by a 1.8 metre high privacy fence and the proposed
increase in gross commercial floor area represented an increase of only 4%. The
application meets the intent of the Zoning By-law and will not be detrimental to the
surrounding neighbourhood. Committee concurred with Staff's recommendations and
approved the application.
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2009-0040 through A2009-0043 are in conformity with both Official Plan policies,
consistent with the intent of the Zoning By-law, are minor in nature and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2009-0040 through A2009-0043 is required in order to afford Staff official
status before the Ontario Municipal Board in the event of an appeal of any decision of
the Committee of Adjustment.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment (October 29, 2009)
802
Attachment 1
To Report PSD-107-09
ClfJl.-!ngton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
ALDERGROVE ESTATES INC.
ALDERGROVE ESTATES INC.
PROPERTY LOCATION:
258 KING STREET EAST, BOWMANVILLE
PART LOT 9, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
A2009-0040
FILE NO.:
PURPOSE:
TO PERMIT CONSTRUCTION OF A MIXED USE BUILDING BY INCREASING THE
MAXIMUM PERMITTED GROSS COMMERCIAL FLOOR SPACE FROM 400
SQUARE METRES TO 415 SQUARE METRES, TO PERMIT A DENTAL OFFICE
USE AND TO REDUCE THE LANDSCAPE STRIP ABUTTING THE WESTERN SIDE
OF THE PARKING LOT FROM 3.0 METRES TO 1.5 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A MIXED
USE BUILDING WITH A MAXIMUM PERMITTED GROSS COMMERCIAL FLOOR
SPACE OF 415 SQUARE METRES, AND TO PERMIT A DENTAL OFFICE USE AS
PART OF THE 415 SQUARE METRES, WITH A MAXIMUM 210 SQUARE METRE
FLOOR AREA AND TO REDUCE THE LANDSCAPE STRIP ABUTTING THE
WESTERN SIDE OF THE PARKING LOT FROM 3 METRES TO 1.5 METRES, AS IT
MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS
CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE
NEIGHBOURHOOD.
DATE OF DECISION: October 29,2009
LAST DAY OF APPEAL: November 18, 2009
803
Q![-!l1glOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
TUNNEY PLANNING INC.
INTRACORP DEVELOPMENTS INC.
PROPERTY LOCATION:
23 BONS AVENUE, BOWMANVILLE
PART LOT 11, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
A2009-0041
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK ON
STREET SIDE WITH A MUNICIPAL SIDEWALK FROM 4.0 METRES TO 3.0
METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE
DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR
SIDE YARD SETBACK ON A STREET SIDE WITH A MUNICIPAL SIDEWALK FROM
4 METRES TO 3 METRES, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS
AND ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT
DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: October 29 2009
,
LAST DAY OF APPEAL: November 18, 2009
804
Cl!J!.#Jgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
KING TUTK CONTRACTING
GLEN MIDDLETON
PROPERTY LOCATION:
4154 HIGHWAY 2, CLARKE
PART LOT 15, CONCESSION 2
FORMER TOWNSHIP OF CLARKE
A2009-0042
FILE NO.:
PURPOSE:
TO PERMIT THE EXTERIOR EXTENSION (ADDITION OF A SUNROOM) OF A
LEGAL NON- CONFORMING USE (RESIDENTIAL) IN A "SPECIAL PURPOSE
COMMERCIAL EXCEPTION (C4-2) ZONE".
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE EXTERIOR EXTENSION
(ADDITION OF A SUNROOM) OF A LEGAL NON-CONFORMING USE (SINGLE
DETACHED DWELLING) IN A "SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-2)
ZONE", AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING
BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE
NEIGBOURHOOD.
DATE OF DECISION: October 29,2009
LAST DAY OF APPEAL: November 18, 2009
805
Cl!Jl.jpn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
RIZWAN WANCHO
RIZWAN WANCHO
PROPERTY LOCATION:
134 & 136 QUEEN STREET, BOWMANVILLE
PART LOT 12, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
A2009-0043
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DUPLEX DWELLING BY REDUCING THE
MINIMUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 1.5
METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A
DUPLEX DWELLING BY REDUCING THE MINIMUM REQUIRED REAR YARD
SETBACK FROM 7.5 METRES TO 1.5 METRES, SUBJECT TO THE FOLLOWING
CONDITION: THAT A MINIMUM 7.5 METRE NORTHERLY INTERIOR SIDE YARD
SETBACK IS MAINTAINED, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS
AND THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT
DETRIMENTAL TO THE NEIGHBOURHOOD.
4
DATE OF DECISION: October 29,2009
LAST DAY OF APPEAL: November 18, 2009
806
Cl![pn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 16,2009
Report #: PSD-108-09
File #: SV A 2009-0003
By-law #:
Subject:
MINOR VARIANCE TO SIGN BY-LAW 97-157
APPLICANT: SULLIVAN & CO. CHARTERED ACCOUNTANT
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report PSD-108-09 be received;
.
2. THAT the application for Minor Variance to the Municipality of Clarington Sign By-law
97 -157, submitted by Sullivan & Co. Chartered Accountant, to permit a reduction in
required setback from a road allowance from 1 metre to 0.45 metres, and to reduce the
required sight triangle from 3 metres by 3 metres to 3 metres by 0.75 metres to
accommodate a permanent ground sign, be APPROVED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by: (j n<~=0-.,"'1c
Franklin Wu,
Chief Administrative Officer
MM/CP/df
6 November 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
807
REPORT NO.: PSD-108-09
PAGE 2
1.0 APPLICATION DETAILS
Applicant:
Sullivan & Co. Chartered Accountant
1.1
1.2
1.3
Owner:
. 1696822 Ontario Inc.
Proposal:
To permit a reduction in required setback from a road allowance
from 1 metre to 0.45 metres, and to reduce the required sight
triangle from 3 metres by 3 metres to 3 metres by 0.75 metres to
accommodate a permanent ground sign.
1.4
Location:
Plan Grant, Block West, Part Lot 10, 118 King Street East,
Bowmanville
2.0 BACKGROUND AND PROPOSED VARIANCE
2.1 The subject property is located at 118 King Street East in Bowmanville between
George Street and Ontario Street. Sullivan & Co. Chartered Accountant operate from
this property. On May 22, 2008, Darlene Sullivan applied for a Building Permit Fee
Grant and a Heritage Building Fa<;ade Improvement Grant through the Bowmanville
Community Improvement Plan Grant Program. These grants were awarded to the
applicant and on August 28, 2008, Ms. Sullivan applied for a building permit for the
demolition of the enclosed front porch (photograph 1) and construction of a new front
porch (photograph 2). Prior to the demolition of the front porch (photograph 1), a wall
sign had been mounted on the wall adjacent to the sidewalk, giving the business good
exposure to passers by. When the porch was demolished and replaced, there was no
longer a suitable location for a wall sign and it is therefore the hope of the applicant to
erect a ground sign on a portion of the footprint where the old porch once stood.
Photograph 1: Old front porch and wall sign
808
REPORT NO.: PSD-108-09
PAGE 3
Photograph 2: New front porch, steps and walkway
On August 20, 2009, Michael and Darlene Sullivan submitted an application for a
minor variance to Sign By-law 97-157 to permit a reduction in the required setback
from a road allowance from 1 metre to 0.45 metres and to reduce the required sight
triangle from 3 metres by 3 metres to 3 metres by 0.75 metres to accommodate a
permanent ground sign. The proposed sign would be located on a portion of the
walkway area visible in photograph 2. This location on the walkway is 2.84 metres
from the curb of King Street West and 0.71 metres from the sidewalk.
2.2 Siqn By-law Provisions
Single business sites are permitted one ground or pylon sign per site, one wall or
window sign and one additional sign on each canopy to a maximum of three canopy
signs. Any signs that may impede vision are not permitted within the sight visibility
triangle and all signs are to maintain a 1 metre setback from the road allowance. The
maximum size of a ground sign is 3.75 m2. A wall/window sign may have a maximum
size of 3.75 m2 or 10% of the wall/window area, whichever is less.
809
REPORT NO.: PSD-108-09
PAGE 4
2.3 Applicant's Rationale
The applicant has stated that since the century building (circa 1900) was originally
built very close to the street line, there is little room for signage in front of the
business. A wall sign located on the front wall of the building would not give the
business adequate exposure. Affixing a wall sign to the new front porch would detract
from its appearance and cover up the craftsmanship which went into creating this
heritage building fayade restoration. It is believed that a ground sign in front of the
building would provide the greatest exposure for the business in an aesthetically
pleasing way. Since, the old front porch was removed, visibility for those entering or
exiting the property using the driveway on the east side of the building has been
improved substantially. The applicant believes that adequate visibility will be
maintained even with the proposed sign erected.
3.0 STAFF COMMENTS
3.1 The existing building on the subject property is located within 2.6 metres of the front
yard property line and the new porch has a 0 metre setback from the front property
line, as did the old porch. The new porch and steps are 3.96 metres wide (see
attachment 2) compared to the old porch which was 6.85 metres wide. When the old
porch was in place, a 0 metre setback was maintained across the entire width of the
building meaning that a wall sign was all that could be accommodated. The old porch
blocked 100% of the sight triangle on the west side of the driveway because it
projected out from the building to the sidewalk, immediately adjacent to the asphalt
driveway.
Since the old porch was demolished, there is now an opportunity to have a ground
sign in front of the building, however it must be visible to vehicles passing by to be
effective. If the proposed ground sign was placed in a location that meets all the
provisions of the Sign By-law, the sign would not be visible to motorists travelling
eastbound on King Street East because it would be hidden by the new porch and
steps. The sign would also become an obstacle for customers using the steps. In
order to be visible and not obstruct pedestrians using the steps, the sign must be
located towards the east side of the building (away from the porch) and must be
located close to the front property line.
The proposed location of the ground sign (see Attachment 2), would appear to be the
most practical location for a sign on the subject property in terms of being visible to
the public and maintaining public safety. The sign would be located 0.71 metres from
the edge of the sidewalk so that pedestrians and snow clearing equipment would not
be obstructed. This location also leaves sufficient space on the walkway of the
subject property for pedestrians using the steps to enter and exit the business.
The proposed sign would be visible to drivers exiting the subject property as they
approach the end of the driveway. Photograph 3 shows the present view west from
the driveway, including a temporary sign. Photograph 4 shows the line of sight from
the driver's seat as the front of the vehicle nears the sidewalk. A mock-up of the
810
REPORT NO.: PSD-108-09
PAGE 5
proposed sign has been inserted into the photograph for comparative purposes. From
this perspective, the main obstruction of the driver's sight to the west is the porch wall
and columns. Were the proposed sign not present, the driver would still need to pull
forward to the same point to see past the porch to check for pedestrians and traffic.
Attachment 2 shows the line of sight past the sign and the porch as the dashed line
closest to the sidewalk. This line of sight would be similar to the view in photograph 4.
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Photograph 3: present situation, looking west
4.0 CONCLUSIONS
Photograph 4: proposed new sign
4.1 This property has been improved substantially over the past two years. Visibility has
been enhanced significantly since the old porch with a 0 metre setback and no
visibility triangle was removed. The proposed ground identification sign, in its
proposed location, will not detrimentally impede vision or become a safety hazard and
the size of the sign will comply with the Sign By-law. The variance is considered by
Staff to be minor in nature.
4.2 It is respectfully recommended that the minor variance to the municipal Sign By-law
97 -157 to permit a reduction in required setback from a road allowance from 1 metre
to 0.45 metres, and a reduction in the required sight triangle from 3 metres by 3
metres to 3 metres by 0.75 metres to accommodate a permanent ground sign be
APPROVED.
4.3 On September 23,2009 Council enacted a new Sign By-law 2009-123, scheduled to
come into force January 1, 2010. At the end of the transition period, a comprehensive
amendment to the new Sign By-law will be brought forward to incorporate all
variances and amendments to the existing Sign By-law.
811
REPORT NO.: PSD-108-09
PAGE 6
Attachments:
Attachment 1 - Key Map
Attachment 2 - Visibility, Setbacks and Sign Details
List of interested partie,s to be advised of Council's decision:
Sullivan and Co. Chartered Accountant
812
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, November 16, 2009
Report #: PSD-109-09
File #: PLN 38.1
By-law #:
Subject:
RELEASE OF OFFICIAL PLAN REVIEW DISCUSSION PAPER ONE
Let's Have a Discussion...Improving our Built Environment and the
Planning Process
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-1 09-09 be received for information; and
2. THAT the Region of Durham and all interested parties listed in this report be advised of
the release of the Discussion Paper.
Submitted by:
David . rome, MCIP, RPP
Director of Planning Services
Reviewed by:
LB/COS/df
11 November 2009
f
anklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
815
REPORT NO.: PSD-109-09
PAGE 2
1.0 BACKGROUND
1.1 The Planning Services Department began the Official Plan Review with the release of
the Introductory Discussion Paper on April 30, 2008. This, was followed by a Special
Meeting of Council (May 12, 2008). Community sessions were then held in June in six
communities - Bowmanville, Courtice, Newcastle, Newtonville, Orono and Solina.
Meetings were also held with five stakeholder groups - Agricultural Advisory
Committee, Living Green Community Advisory Committee, Clarington Board of Trade
(CBOT), Building Industry and Land Development Association (BILD) and the Visual
Arts Centre Board to discuss the Official Plan Review. Staff reported back to Council in
October 2008 with a summary of the First Phase of public consultation.
1.2 The two objectives of this report are to announce the pending release of the latest
Official Plan Review discussion paper, "Let's Have a Discussion...lmproving our Built
Environment and the Planning Process" and to provide information on the proposed
public consultation process associated with the discussion paper and the resulting
proposed amendment of relevant Official Plan policies. .
2.0 LET'S HA VE A DISCUSSION...IMPROVING OUR BUlL T ENVIRONMENT AND THE
PLANNING PROCESS
2.1 The Discussion Paper
Let's Have a Discussion...lmproving our Built Environment and the Planning Process is
the second in the series of d,iscussion papers that will be prepared throughout the course
of the Official Plan Review. This discussion paper will focus on changes to the Planning
Act through the Planning and Conservation Land Stature Law Amendment Act, 2006 (Bill
51).
As you will recall the changes to the Planning Act were intended to make the planning
rules clearer, to make more information available early in the process and available to
residents, and to give municipalities more tools to meet redevelopment, compact form
and sustainable development goals.
Improving our Built Environment: A major component of the discussion paper will focus
on architectural control. This legislation has given municipalities the ability to regulate the
external design of buildings through the site plan process. This means that the quality
and characteristics of a proposed development can be taken into consideration to ensure
positive contributions are made to the physical appearance of neighbourhoods.
The Planning Process: Another focus of this paper is to discuss the broadening of the
range of information available for approval authorities to consider when reviewing
planning applications. This improved, "upfront" planning system increases community
awareness, improves municipal decision-making and enhances development proposal
information. In addition, changes made to the Ontario Heritage Act will be addressed.
816
REPORT NO.: PSD-109-09
PAGE 3
2.2 The Process
This particular discussion paper largely focused on general development polices and
planning administration. Following the release of the paper, staff will host only one public
information session, in Bowmanville at the Garnet B. Rickard Recreation Complex, North
Hall on December 9 to present the discussion paper to the public and to obtain
comments regarding the proposed policy directions. The discussion paper will also be
posted on the Municipality's Official Plan website and printed copies will be available in
all our Library Branches.
This will be followed by a Public Meeting at the General Purpose and Administration
Committee on a proposed amendment in January 2010. A staff report including the
proposed Official Plan amendment will follow in May 2010.
PUBLIC
- INfORMATION
SESSION
-Bowmanville
December 2009
RECOMMENDATION
r- REPORT
-CLARINGTON ...
let's Have a
Discussion
October 2009
-Consider the
draft Official Plan
Amendments
February 2010
'-- DISCUSSION PAPER
RElEASED
-To approve the
Official Plan
Amendments
May 2010
PUBLIC MEETING
AND STAFF REPORT
Chart 1 - Public Consultation Process
3.0 OFFICIAL PLAN REVIEW PROJECT UPDATE
3.1 Municipal staff and the team of consultants led by Dillon Consulting have been
progressing well a variety of Official Plan review sub components. These include:
. Population and Employment forecasts,
. Developing Growth Scenarios,
. Growth Patterns and Built Form,
. Identification of residential intensification sites, and
. Developing a Sustainability Framework including sustainability indicators.
The Transportation and Infrastructure Master Plan, the Courtice Main Street Study and
the Tooley and Robinson Watershed Study have also begun.
817
REPORT NO.: PSD-109-09
PAGE 4
3.2 A Special General Purpose and Administration Committee meeting is scheduled for
December 14, 2009 at 1 :00 p.m. at the Newcastle and District Recreation Complex.
Staff and consultants will present background materials on the Official Plan Review.
List of Interested Parties to be notified of Council's decision:
Sue Coolahan
Louis Bitoni, MMAH
Carolyn Bonta
Greg Walsh
Ministry of Agriculture and Food
Ministry of Natural Resources
Ken Sherbanowski, M.T.O.
Durham Region Works Department
Durham Region Planning Department
Clarington Board of Trade
Ministry of Public Infrastructure and
Renewal
Ganaraska Region Conservation
Authority
Central Lake Ontario Conservation
Authority
Peter Pitino
Sharon Dionne
Wayne Hooey
William Tonno Construction Ltd.
Freeman Planning Solutions
Kirkup Realty Corporation Brokerage
Municipal & Utility Relations, Simcoe-
Grey, York, Durham
Rogers Cable Communications Inc.
Veridian Connections Inc.
John P. Shewchuk
C.N. Rail
Hydro One Networks Inc.
Bell Canada
Peterborough-Victoria Northumberland
Clarington R.C. Separate School Board
Conseil Scolaire De District Catholique
Centre-Sud
Conseil Scolaire De District du Centre-
Sud-Ouest
Peter Petriw
CMHC
Enbridge Gas Distribution
Victor Suppan
Kawartha Pine Ridge District Public
School Board
Canadian Pacific Railway
Building Industry and Land
Development Association
Delta Urban Inc.
Durham Region Police Services
Tom Van Camp
Colleen Musick
Doug Rombough
Keigh and Lois Worden
Hannu Halminen
R.M. Larocone
Kelvin Whalen
Nick Mensink
Angie Darlison
Peter Evans
Mike Domus
Mary Anne Martin
Glenn Genge
Robert Schickedanz
James Bujak
Bill Cawker
Kerry & John Meydem
Bryce Jordan
Ed Vanhaverbeke
John Colville
William S. Colville
Jordan Clements
Jeremy Holkema
Mike Ricciuto
Bill Humber
Katie Tuma
Lisa Robinson
John Stephenson
Libby Racansky
Rita Kostyan
Michael Hackenberger
818
REPORT NO.: PSD-109-09
PAGE 5
Natalie Boodram
Tim Tufts
Tom Albawi
Sheila Costanzi
Carol Laing
Templar N. Trinaistich
Althea and Greg Chaffey
Marlene Stacey
Debbie Dunham
Sherry Robinson
Sandra Mcinnes
Katherine Krizsan
Kim Little
Mary Lofthouse
Anne Taylor Scott
Karina Isert
Marg Zwart
Elva Ried
Susan MacMillan
Padre David & Marion Saunders
Pete DeJong
Maralynn Cherry
Nakda Hooframp
Jane Eccles
Jacqueline Vaneyk
Elaine Wotten
Walter Frail
Dave Davidson
Clare Werry
Paul Sobil
Peter & Joyce Erb
Viola Ashton
Liz Yellowlees
Judith & Tony Maxwell
Gillian Bellefontaine
Gord Weir
Amy Burke
Shawn Lumsden
Craig Murdoch
Louis Bertrand
Ruby Ingleton
Tom Barrie
Annie Krabi
Joe Fracz
Mark Foley
Arlen Hugo Dalby
Natalie
Greg Milosh
Richard Neshevich
Terri McCabe
Rob Nisbet
Luigi D. Mastroianni
Allan Kirby
Elizabeth Gillin
Kevin Singh
Edward Oegema
David Lukow
Eid Attia
Bryan DeCunha
819
Cl~illgtDn
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, November 16, 2009
Report #: PSD-110-09
File #: ZBA 2005-0058 and
ZBA 2003-037
By-law #:
Subject:
REZONING OF PORTION OF RONA LANDS FROM "ENVIRONMENTAL
PROTECTION EXCEPTION (EP-2) ZONE" TO "SPECIAL PURPOSE
COMMERCIAL (C-5) ZONE"
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-110-09 be received;
2. THAT the Zoning By-law contained in Attachment 2 to this Report, with respect to the
rezoning of a portion of the RONA site from "Environmental Protection Exception (EP-2)
Zone to "Special Purpose Commercial (C-5) Zone, be PASSED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davi . Crome, MCIP, RPP
Director of Planning Services
Reviewed by:d~~
Franklin Wu,
Chief Administrative Officer
DJ/COS/df
9 November 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
820
REPORT NO.: PSD-110-09
PAGE 2
1.0 PURPOSE
1.1 The purpose of this report is to obtain Council's approval to pass the Zoning By-law with
respect to the rezoning of a portion of the RONA site, situated on Baseline Road, from
"Environmental Protection Exception (EP-2)" Zone to "Special Purpose Commercial
(C5)" Zone, in accordance with the adjusted flood line mapping.
2.0 DISCUSSION
2.1 When Bowmanville Creek Developments Inc. re-submitted their Official Plan and Zoning
By-law Amendments on April 1, 2008 for the lands on the corner of Baseline and
Waverley Road, Bowmanville, the rezoning of a portion of the adjacent RONA site from
"Environmental Protection Exception (EP-2)" to "Special Purpose Commercial (C5)" was
incorporated in the consideration of their development application as a technical
amendment, following the redefinition of the flood plain in accordance with an approved
environmental impact study prepared for the subject lands.
2.2 Section 26.3 f. in Zoning By-law 84-63 stipulates that where an Environmental
Protection (EP) Zone boundary is indicated as approximately following the flood line of a
watercourse as designated on floodplain mapping prepared by a Conservation Authority
having jurisdiction, then for the purposes of the Zoning By-law, the boundary shall follow
such flood line as may be adjusted from time to time by the Conservation Authority
having jurisdiction for same. To facilitate development, a portion of the flood plain on the
Bowmanville Creek and RONA lands were filled to eliminate the flood plain. This was
evaluated through an Environmental Impact Study and approved by the Central Lake
Ontario Conservation Authority. Staff deemed it appropriate to include the removal of
the EP lands on the RONA site as a house-keeping item while considering the rezoning
of the adjacent lands belonging to Bowmanville Creek Developments Inc.
2.3 On December 8, 2008, Council approved the Official Plan Amendment NO.54 to provide
for a wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. Council also approved the related rezoning for the Bowmanville
Creek Developments land and the portion of the RONA site that is the subject of this
report.
A copy of the proposed zoning schedule that was initially approved by Council on
December 8, 2008, is enclosed as Attachment 1. The affected part on the RONA site is
bordered with a thick black line.
2.4 Bowmanville Creek Developments Inc. appealed the Council decision to the Ontario
Municipal Board. Subsequently, Council authorized the Mayor and the Municipal Clerk
to negotiate and execute Minutes of Settlement with Bowmanville Creek Developments
Inc. In view of Council's conditional approval of the rezoning and the subsequent
appeal, the initial Zoning By-law for the affected lands (including the relevant portion on
the RONA site) was not passed by Council.
821
REPORT NO.: PSD-110-09
PAGE 3
2.5 During the subsequent settlement negotiations, the portion of the RONA lands, which
were incorporated as a house-keeping item in the rezoning of their lands, were
excluded, upon a request from Bowmanville Creek Developments Inc., since it is in
different ownership and was not the subject of the appeal.
2.6 Following the execution of the Minutes of Settlement by the Municipality and
Bowmanville Creek Developments Inc., the Ontario Municipal Board approved, on
August 10, 2009, the Official Plan Amendment, Rezoning and Site Plan applications for
the lands owned by Bowmanville Creek Developments Inc.
2.7 The rezoning of the portion of the RONA site was never finalized, although Council had
in fact granted approval for the rezoning of the relevant portion on December 8, 2008. In
order to deal with this house-keeping item, Staff request that the attached Zoning By-
law (Attachment 2) with respect to the rezoning of the portion of the RONA site from
"Environmental Protection Exception (EP-2)" Zone to "Special Purpose Commercial
(C5) Zone" be approved.
3.0 CONCLUSIONS
3.1 This is a technical amendment to bring the Environmental Protection line on the RONA
lands to be consistent with the revised flood line limits approved by the Central Lake
Ontario Conservation Authority. It completes the rezoning of the lands initially
incorporated into the by-law considered by Council on December 8, 2008. In
consideration of the comments contained in this report, staff respectfully recommends
that the proposed Zoning By-law contained in Attachment 2 be passed.
Attachments:
Attachment 1 - Zoning Schedule approved initially by Council on December 8, 2008
Attachment 2 - Zoning By-law Amendment
822
f'\uacnmem 1
To Report PSD-11O-09
This is Schedule "A" to By-law 2008-
passed this day of J 2008 A.D.
J
..--
HIGHWAY 401
J
Jim Abernethy, Mayor
~ Zoning to Remain"EP"
~ Zoning Change From "EP-2" To "EP"
~-=-=-=-=~ Zoning Change From "C5" To "EP"
~ Zoning Change From "EP~' To "(H)EP-16"
~~~~~ Zoning Change From "EP" To "(H)C5-14"
~ Zoning Change From "EP-2" To "(H)C5-14"
~ Zoning Change From "C5" To "(H)C5-14"
~ Zoning Change From "(H)C5" To "(H)C5-14"
lo??':l Zoning Change From "EP-2" To" (H)C5-15"
~ Zoning Change From "EP" To "(H)C5-15"
~ Zoning Change From "EP-2" To "C5"
E::TI Zoning To Remain "C5"
Patti L. Barrie. Municipal Clerk
BOWMANVILLE
ZBA 2005-058
823
Attachment 2
To Report PSD-110-09
THE CORPRATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the former Town of Newcastle to remove the limits of
the environmental protection area on the lands known as 205 Baseline Road West in
accordance with adjusted floodline mapping;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. The map contained in Schedule "3" of By-law 84-63, as amended, is hereby further
amended by changing the zone designation from:
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
(C5) Zone"
as shown on the attached Schedule "A" hereto.
2. Schedule "An attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2009
BY-LAW read a second time this
day of
2009
BY-LAW read a third time and finally passed this
day of
2009
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
824
This is Schedule "A" to By-law 2009-
passed this day of ,2009 A.D.
,
~ J~
~l
I
~
BASELINE ROAD WEST
A
<
J::
0:
:>
e-
o
<
o
0:
>-
~
0:
w
"
;:
=-----=----------
HIGHWAY OF HEROES tv
~
~ Zoning Change From "EP-2" To "CS"
I222l Zoning To Remain CS
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
825
q~jl]gron
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 16, 2009
Resolution #:
Report #: EGD-032-09
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2009.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-032-09 be received for information.
. .
. (lP ;;;~/ ~ t //.
Submitted by: I~{a/l/ ~ .-/_
A. S. Cannella, C.E.T.
Director of Engineering Services
'''-. . ~(-~ -J
I' ..4 . he
. ,I 1-- ~____(_ / ___ {~
ReViewed by:'---" . .
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
November 03, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
901
REPORT NO.: EGD-032-09
PAGE 2
1. BACKGROUND
1.1 With respect to the Building Permit Activity for the month of OCTOBER 2009, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF OCTOBER
2009 2008
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008
Residential 56 $8,760,244 27 $2,332,155 275.6%
Industrial 2 $364,714 1 $200,000 82.4%
Government 0 $0 0 $0 N/A
Commercial 2 $75,000 2 $135,000 -44.4 %
Institutional 2 $320,000 0 $0 N/A
Agricultural 6 $4,819,398 2 $338,808 1,322.5%
Demolition 4 $0 3 $0 N/A
TOTAL 72 $14,339,356 35 $3,005,963 377.0%
YEAR TO DATE
2009 2008
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF % CHANGE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION VALUE 2009-2008
Residential 428 $62,603,721 748 $136,351,018 -54.1%
Industrial 4 $609,714 9 $22,800,851 -97.3%
Government 0 $0 9 $3,459,800 N/A
Commercial 42 $27,410,069 38 $6,093,507 349.8%
Institutional 13 $14,247,760 10 $4,446,000 220.5%
Agricultural 18 $7,635,134 20 $6,397,260 19.4%
Demolition 27 $0 31 $0 N/A
TOTAL 532 $112,506,398 865 $179,548,436 -37.3%
902
REPORT NO.: EGD-032-09
PAGE 3
1.2 With respect to building permit activities (over $250,000) and large residential building permit
activities, the details are provided as follows:
Owner I Applicant Construction Type Location Value
1596541 ONTARIO L TD Farm Storage Building 3,520 HIGHWAY 35/115 $1,576,680
SOUTHBOUND,CLARKE
ONTARIO POWER GENERATION Alteration - Steam Barrier 2,151 SOUTH SERVICE ROAD, $350,000
Wall DARLINGTON
WITZKE GREENHOUSES Greenhouse Expansion 1,621 PEBBLESTONE ROAD, $2,822,910
COURTICE
LAKERIDGE HEAL TH Interior Renovations (Gift 47 LIBERTY SOUTH STREET, $300,000
CORPORATION Shop/Mammography) BOWMANVILLE
ADOLF SCHLACHT Farm Building 3,625 CONCESSION RD 7, CLARKE $278,808
903
REPORT NO.: EGD-032-09
PAGE 4
The following is a comparison of the types of dwelling units issued for the month of "OCTOBER
and "YEAR TO DATE".
Dwelling Unit Type "OCTOBER" 2009
3
Townhouse
10%
Dwelling Unit Type ''YEAR TO DATE 2009"
7
T ownhous
e
3%
162
Single
Detached
76%
4
Semi-
Detached
14%
22
Single
Detached
76%
34
Semi-
Detached
16%
~ Single Detached 22
. Semi-Detached 4
IiiiI Townhouse 3
IiiiI Apartment 0
Iill Single Detached 162
. Semi-Detached 34
iii Townhouse 7
iii Apartment 1 0
The following is a historical comparison of the buil"ding permits issued for the month of "OCTOBER"
and "YEAR TO DATE" for a three year period.
Hisloriul DBtB for Month of
"OCTOBER"
HisloricBI DBtB "YEAR TO DATE"
$200,000,000
$50,000,000
$20,000,000
$5,000,000
$150,000,000
$15,000,000
$1 0,000,000
$1 00,000,000
$0
2009
2008
2007
$0
2009
2008
2007
iii Value $14,339,356 $3,005,963 $16,827,770
Ii Value $112,506,398 $179,548,436 $156,122,818
904
REPORT NO.: EGD-032-09
PAGE 5
PERMIT REVENUES
2009 2008
October Year to Date October Year to Date
I PERMIT FEES $80,423 $765,690 $16,207 $1,176,804
INSPECTION SERVICES
2009 2008
October Year to Date October Year to Date
Building Inspections 334 4,404 494 4,554
Plumbing & Heating Inspections 404 5,097 538 5,355
Pool Enclosure Inspections 1 54 9 77
TOTAL 739 9,555 1,041 9,986
NUMBER OF NEW RESIDENTIAL UNITS
2009 2008
October Year to Date October Year to Date
Single Detached 22 162 7 414
Semi-Detac hed 4 34 0 78
Townhouse 3 7 0 49
Apartments 0 10 0 4
TOTAL 29 213 7 545
905
REPORT NO.: EGD-032-09
PAGE 6
RESIDENTIAL UNITS HISTORICAL COMPARISON
YEAR: 2009
(to end of 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
AREA October)
Bowmanville 65 340 451 609 307 587 468 345 312 188 184
Courtice 101 134 82 126 241 173 180 133 129 231 296
Newcastle 15 60 77 84 202 191 123 131 76 110 78
Wilmot Creek 6 30 16 15 15 25 29 38 24 19 21
Orono 0 2 1 1 1 2 0 1 0 0 1
Darlington 6 10 6 7 14 15 13 17 47 102 31
Clarke 8 5 11 12 13 10 16 15 9 17 17
Burketon 0 0 0 0 1 1 1 1 0 1 0
Enfield 0 0 0 0 0 0 0 0 0 0 0
Enniskillen 2 0 0 1 1 1 0 2 5 7 6
Hampton 0 0 1 1 0 0 0 1 1 1 2
Haydon 0 0 0 0 0 0 0 0 0 0 1
Kendal 1 0 1 0 0 1 0 3 2 0 1
Kirby 0 0 0 0 0 0 0 0 0 0 0
Leskard 0 0 0 0 0 0 0 1 0 0 1
Maple Grove 0 0 0 0 0 0 1 0 0 0 0
Mitchell Corners 0 0 1 0 0 1 0 0 0 0 0
Newtonville 5 7 2 2 4 5 3 3 0 3 1
Solina 4 0 6 3 3 3 3 1 1 0 0
Tyrone 0 5 0 0 0 0 3 9 3 0 0
TOTALS 213 593 655 861 802 1,015 843 701 609 679 640
906
~l,iJ!.mgron
REPORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16, 2009
Resolution #:
Report #: ESD-013-09
File #
By-law #
Subject:
MONTHLY RESPONSE REPORT - OCTOBER 2009
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-013-09 be received for information.
Submitted by:
tf-c Go don Weir, AMCT, CMM111
t: Director Emergency & Fire Se ices
Reviewed bY:~~ ~
Franklin Wu,
Chief Administrative Officer
GW/tw
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F 905)623-6506
1101
REPORT NO: ESD-013-09
PAGE 2
1.0 BACKGROUND
1.1 This report covers the month of October and is intended to provide Council with relevant,
timely information on the activity of the Emergency and Fire Services Department.
2.0 COMMENT
2.1 The Department responded to 251 calls during this period and recorded total fire
losses of $4,200.00. A breakdown of calls responded to follows in the attached table
(Attachment #1). Attachment #2 is an explanation of the different types of responses.
Attachment #1: Activity Report
Attachment #2: Description of Types of Responses
1102
Attachment #1 to ESD-013-09
CLARINGTON EMERGENCY & FIRE SERVICES MONTHLY ACTIVITY REPORT
REPORT PERIOD: OCTOBER 1, 2009 OO:OO:OOhrs - OCTOBER 31, 2009 23:59:59hrs
RESPONSE TYPE REPORT
FIRE ST A TrONS 2009 2008
RESPONSE STATION STATION STATION STATION STATION THIS TO TO SAME TO
TYPE 1 2 3 4 5 PERIOD DATE DATE % PERIOD DATE
FIRES / 3 1 0 2 1 7 156 5.6% 5 130
EXPLOSIONS
OVERPRESSURE
RUPTURE 0 0 0 2 0 2 4 0.1% 0 2
EXPLOSIONS
PRE FIRE 2 0 1 0 1 4 49 1.8% 5 38
CONDITIONS
BURNING 1 0 1 0 0 2 79 2.8% 0 98
(controlled)
FALSE FIRE 23 4 0 6 0 33 340 12.1% 39 358
CALLS
CO FALSE 9 2 0 8 0 19 185 6.6% 9 208
CALLS
PUBLIC HAZARD 4 2 1 4 0 11 123 4.4% 9 105
CALLS
RESCUE CALLS 12 3 6 10 0 31 333 11.9% 28 375
MEDICAL CALLS 66 13 0 48 2 129 1386 49.5% 139 1358
OTHER 6 2 0 5 0 13 145 5.2% 19 242
RESPONSES
TOTALS
THIS PERIOD 126 27 9 85 4 251 2800 100.0% 253 2914
TO DATE 1420 345 179 743 113 2800
THIS PERIOD 155 30 8 49 11 253
LAST YEAR
TO DATE LAST 1546 352 174 715 127 2914
YEAR
1103
DOLLAR LOSS REPORT
THIS PERIOD $4,200
2009
TO DATE $2,279,900
THIS PERIOD $1,700
2008
TO DATE $8,951,200
APPARATUS RESPONSE REPORT FOR THIS PERIOD
STATION 1 PUMPER SCAT PUMPER TANKER UTILITY AERIAL RESCUE
1 1 11 1 1 1 1
THIS PERIOD 218 148 45 13 1 0 7 4
TO DATE 2909 1624 975 135 24 17 83 51
STATION 2 PUMPER TANKER
2 2
THIS PERIOD 30 27 3
TO DATE 471 385 86
STATION 3 PUMPER TANKER UTILITY ATV
3 3 3
THIS PERIOD 11 10 1 0 0
TO DATE 275 199 61 11 4
STATION 4 PUMPER PUMPER TANKER AERIAL
4 44 4 4
THIS PERIOD 135 121 10 2 2
TO DATE 1332 1201 89 29 13
STATION 5 PUMPER TANKER
5 5
THIS PERIOD 6 6 0
TO DATE 164 124 40
400 TOTAL VEHICLE MOVEMENTS FOR THIS PERIOD
4751 TOTAL VEHICLE MOVEMENTS TO DATE - 2009
1104
Attachment #2 to ESD-013-09
DESCRIPTION OF TYPES OF RESPONSES
Fires and Explosions: Instance of destructive and uncontrolled burning involving
structures, vehicles and open area fires, including explosion of combustible solids, liquids or
gases which mayor may not have resulted in a dollar loss.
Overpressure Rupture/Explosion: An explosion or rupture as a result of pressure, no fire.
Pre Fire Conditions: Incidents with no fire that involve heat or potential pre fire conditions
e.g. pot on stove, cooking - smoke or steam, lightning, fireworks.
Burning (controlled): Complaint call related to outdoor controlled burning, authorized or
unauthorized. Fire Department did not take suppression action.
False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a
result of equipment failure, malicious/prank, perceived emergency, accidental activation of
alarm by person
CO (carbon monoxide) False Calls: A call where it is determined that the detection
equipment malfunctioned or there was a perceived emergency - no CO leak
Public Hazard Calls: Includes a response for spills and leaks of a hazardous product such
as natural Gas, Propane, Refrigerant, Miscellaneous/Unknown, Gasoline or Fuel, Toxic
Chemical, Radio-active Material, Power Lines Down, Arcing, Bomb, Explosive Removal,
Standby, CO (carbon monoxide) or Other Public Hazard.
Rescue Calls: A call for a person in danger due to their proximity to the occurrence and who
is unable to self evacuate and is assisted by Fire Department personnel i.e. Vehicle Accident,
Building Collapse, Commercialllndustrial Accident, Home/Residential Accident, Persons
Trapped in Elevator, Water Rescue, or Waterllce Rescue.
Medical/Resuscitator Call: Includes a response to a patient(s) suffering from Asphyxia,
Respiratory Condition, Convulsions, Epileptic, Diabetic Seizure, Electric Shock, Traumatic
Shock, Heart Attack, Stroke, Drug Related, Alcohol Related, Cuts, Abrasions, Fracture,
Burns, Person Fainted, Nausea and pre-hospital care such as administering oxygen, CPR,
defibrillation, or first aid
Other Response: Assistance to other Fire Departments, call cancelled on route, non fire
incidents where an illegal grow operation or drug operation was discovered
1105
C:1.&:ilJgton
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16, 2009
Report #: CLD-025-09
File #:
By-law #:
Subject:
3rd QUARTER PARKING REPORT
RECOMMENDA TlONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-025-09 be received; and
2. THAT a copy of Report CLD-025-09 be forwarded to the Bowmanville Business Centre
for their information.
Submitted by:
/-)
/ _J!.4(7.x',"1 ~
..i~ilfg.Ji)/\j,-{,c
PattI1?Barne;. CMO
Municipal Cterk
~~~, 0). N
-- !(./ '-.J "L
Reviewed by: Franklin Wu,
Chief Administrative Officer
Pl-B*kb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1301
REPORT NO.: CLD-025-09
PAGE 2 of2
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities for the
months of July, August and September 2009 and is provided herein for the information of
Committee and Council.
Attachments:
Attachment 1 - Parking Report for the 3rd Quarter of 2009
1302
PARKING ENFORCEMENT QUARTERLY REPORT #3 - 2009
ATTACHMENT #1 to Quarterly Parking Financial Report
Tickets issued
;AGENCY""" "^ ,- - . ~""-'''''~~1'''''f!WOldlfter'3;~''''''''Year'to'i:late ''''~~ear'to (late '~Year"to'date
P.E. Officers 1,303 4,463 4,812 1,707
Police 16 40 23 23
Public Works 0 0 3 0
Group Four 2 51 86 76
Aspen Sprinqs 8 25 50 51
243 Kinq St. 0 0 0 2
Securitas 0 0 0 0
ProSecuritv 4 21 8 40
Fire Services 0 0 1 0
CLOCA 13 36 0 0
TOTAL 1,346 4,636 4,983 1,899
REVENUE " "---" , '"~ - ",' j ~ ~ "'" . " ~. .,. ,-
Meters $17,123.00 $55,136.00 $61,948.50 $56,051.50
Permits $1,610.25 $4,022.81 $3,423.90 $2,798.70
Fines $14,766.00 $52,700.00 $55,891.00 $24,846.00
MTO Charqeback(Expense) $2,492.95 $8,490.70 $4,562.25 $4,784.50
TOTAL REVENUE $31,006.30 $103,368.11 $116,701.15 $78,911.70
1ST ,APPEARANCES " ' _, I- ~ '''' , , .' ~ - " ... ~ .. 1 . , "
Total conducted 43 146 86 41
# Tickets disputed 48 159 132 52
# Tickets cancelled 30 114 29 8
# Requests for trial 5 9 7 3
# Tickets upheld 18 45 103 44
1303
Gl81mgl':Oll
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16th, 2009
Report #:
COD-066-09
File#_
By-law #
Subject:
DARLINGTON SPORTS CENTRE RENOVATION
PRE-PURCHASE OF ICE PLANT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report COD-066-09 be received;
2. THAT the competitive bidding requirements of the Purchasing By-law be waived;
3. THAT Manager of Purchasing be authorized to invite submissions from selected
manufacturers for the supply and installation of the required ice plant equipment required for
the renovation of the Darlington Sports Centre;
4. THAT the resulting bid submission be assessed and awarded by the Purchasing Manager in
consultation with Community Services and incorporated into the public tender to be issued
for the renovations to the Darlington Sports Centre; and
5. THAT the final renovation tender for the Darlington Sports Centre be reported to Council for
award.
Submitted by:
C7 '
"'.....-
Reviewed by:
~\.~
;,me Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
/) ~// /
;Id/;//~((zi~/ /~1/
Nancy tayror, B.~(A~t.A.
Director df FinantelTreasurer
Franklin Wu,
Chief Administrative Officer
MM\JDB\\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1401
REPORT NO.: COD-066-09
PAGE 2
1. BACKGROUND AND COMMENT
1.1 The existing Darlington Sports Centre Renovation Project scheduled to be tendered in
the early part of 2010 includes the replacement of the existing ice plant, rink piping and
header required for the manufacture of rink ice. The intent of the project is to have the
project commence in the late spring of 2010 when the ice is removed from the arena and
be completed in time for the scheduled opening of the arena ice season in September.
1.2 With the number of similar projects being undertaken by numerous municipalities in the
next several months as a result of the Build Canada Fund and planned projects there is
a concern that the two known contractors for ice plant equipment will be hard pressed to
meet the delivery timelines established to see the completion of the numerous projects
in the limited time available for installation, usually between the months of May to
September.
1.3 In order to improve the chances that the Clarington project will be completed on time,
staff is proposing that the availability of the ice plant and the installation be secured prior
to the actual tender call for the arena renovation. Once pricing is established and the
commitment for delivery is obtained the supply and installation along with the value of
the plant and installation will be incorporated into the tender call for the complete project.
On award of the renovation contract the successful bidder will complete the transaction
with the ice plant contractor and will establish the contractor as a sub-contractor on the
project. The only expense anticipated for the Municipality by taking this approach is staff
time and the cost of the required shop drawings for the ice plant and the piping.
1.4 There are two known contractors of ice plant equipment. It is proposed that each firm
will be invited to provide bid submissions based on specifications for the supply and
installation of the ice plant and all required equipment. Actual award in the form of a
letter of undertaking will be based on availability, compliance with specifications,
references and cost. The letter of undertaking will provide the commitment on the part of
the municipality to include the selected contractor and the required equipment in the final
tender for the renovation of the arena.
1.5 The current Purchasing By-Law allows for purchases through negotiations, under certain
conditions, more specifically "when, due to market conditions, Goods and Services are in
short supply". In this situation, staff is anticipating a shortage due to high demand and is
recommending early action to secure the availability of the required equipment and servi9~ 0 2
REPORT NO.: COD-066-09
PAGE 3
As the proposed process will involve a value in excess of that provided by the by-law staff
are seeking approval to waive the requirements of the Purchasing By-law and proceed with
an invited bid solicitation to secure the pricing and commitment to supply.
2. FINANCIAL
2.1. The Darlington Renovation project is budgeted at $2,230,000.00 and it is estimated that
the ice plant equipment and installation will amount to approximately $400,000.00.
2.2. The required funds are to be drawn from Account #110-42-421-84267-7401.
2.3. Actual expenditure, excluding the shop drawings expense will not be made until after the
actual contract is awarded and the contractor takes delivery of the ice plant.
3. CONCLUSION
3.1. It is the recommended that staff be authorized to invite bids for the supply and
installation of the ice plant equipment and provide a letter of undertaking to the
successful bidder that the bidder's equipment, services and price will be included in the
tender for the renovations to the Darlington Sports Centre.
3.2. Queries with respect to the project should be referred to the Director of Community
Services.
3.3. This report has been reviewed for recommendation by the Purchasing Manager and the
appropriate department and circulated as follows:
Concurrence: Director of Community Services
1403
C1.!J!.-!l.~on
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16, 2009
Report #: COD-067 -09
File#_
By-law #
Subject:
INFORMATION REPORT
BROADBAND EXPANSION
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-067-09 be received for information;
Submitted by:
/,/ ,
(. Idu 'c-
, arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
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Reviewed by>-_) ~ .
Franklin Wu,
Chief Administrative Officer
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1404
REPORT NO.: COD-067-09
PAGE 2
1. BACKGROUND AND COMMENT
1.1 At the meeting of February 9, 2009, Council received Report #COD-014-09 Broadband
Expansion Opportunity - Provincial Program dealing with an opportunity to make
application for a grant under the Rural Connections Broadband Program offered through
the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Under this
program the province would fund up to one third (1/3) the cost of the infrastructure with
the balance of the funding coming from the private sector partner and the municipality.
At that time Council adopted the following recommendations allowing for an application
for funding as indicated:
o THAT Report COD-014-09 be received;
o THAT the Municipality of Clarington make an application to the Ministry of Agriculture
Food and Rural Affairs for funding from the Rural Connections Broadband Program
for the provision of high speed internet service for the public and private sectors
within the Municipality of Clarington on the basis of no cost to the municipality, other
than possible in kind contribution and consulting cost identified herein;
o That the Director of Corporate Services be authorized to sign the application and any
resulting agreements associated with the program;
o That the Manager of Purchasing be authorized to proceed with the evaluation of the
submissions and select the Internet Service Providers and establish the terms of an
agreement for the supply, installation and operation of broadband distribution
network within the municipality;
o That funding in the amount of approximately $15,000.00 for the provision of
consulting services be provided from account # 100-16-163-00000-7160 with costs to
be included in the grant application for funding to the extent possible and from the
Region and the grant;
o THAT staff work with the Regional Municipality of Durham to develop an in kind cost
sharing arrangement for the municipal contribution to the project; and
o THAT staff report to Council on the results of the application to the province and with
the final recommendation on the candidate for Council approval.
1405
REPORT NO.: COD-067-09
PAGE 3
1.2 The required application was prepared and submitted in time to meet the deadline for
submissions and subsequently the Municipality was informed by the OMAFRA by letter
dated June 19, 2009, that our application had not been successful. A copy of the letter is
attached as Schedule "A",
1.3 At that time, there was an expectation that a second date for an application in 2009 would be
established by OMAFRA and a new application could be prepared and submitted. However,
repeated inquiries to OMAFRA failed to provide a new intake date for the Broadband
Program.
1.4 By letter dated July 20, 2009, we received notice from the Ontario Ministry of Government
Services providing information on the Industry Canada Broadband Program indicating that
the first phase of the Federal Broadband Program would involve an extensive, time limited
mapping exercise to identify and validate unserved or underserved geographic areas,
followed by a competitive call for applications in late summer 2009. Internet Service
Providers (ISPs) were asked to verify their coverage areas by July 24, 2009 and all citizens
were encouraged to participate as soon as possible to inform the program. Copy of the
notice is attached as Schedule "B".
1.5 On September 1, 2009 the Province of Ontario announced their partnership with the Federal
government to bring high speed internet to more residents and businesses in rural and
Northern Ontario. Competed applications had to be submitted by 4:00 P.M. (EST) October
23, 2009.
1.6 Under this new partnership the Federal government would fund successful projects up to a
value of 50% and the Province would fund an amount up to one third of the eligible project
costs. However, the Provincial support was contingent on successful application to the
Federal program.
1.7 Under this new program applicants could include private companies, consortiums and not for
profit organizations (including municipalities) that can build and operate telecommunications
infrastructure.
1.8 Given the new requirements, Clarington, the Region and area municipalities were not in
a position to make application for a grant as we are not in the business of building and
operating internet systems that would be in competition with the provide sector.
1.9 In early October, staff of Clarington, The Region of Durham and area municipalities of
Scugog, Ajax, Pickering, Uxbridge and the Township of Brock had discussions amongst
themselves and with a representative of OMAFRA to better understand what, if anythi'1l~06
REPORT NO.: COD-067-09
PAGE4
could be done to improve the coverage in our respective areas.
1.10 Following the discussions and additional information from the OMAFRA it was concluded
that each respective agency would approach known ISPs to determine if they were
planning to make application and to determine if there was anything we as a group could
do to assist. This was met with some degree of success in that we were able to
determine that some ISPs were in fact in the process of preparing applications.
However, barring the provision of statistics on unserved or underserved households in
the area, there was little that we could contribute.
2. FINANCIAL
2.1. Beyond staff time to review the new program and attend meetings there are no financial
implications to this program.
3. CONCLUSION
3.1. Under the new Federal initiative to improve broadband coverage the focus is on
improving broadband coverage first to residential areas and secondly to businesses
nation-wide. At the Federal level the competition for grant money is nationwide while
the Federal Provincial Partnership was aimed at improving broadband coverage in the
respective provinces. With the requirement that applicants build and operate the
network this essentially ruled out many municipalities save those who were already set
up to offer similar services.
3.2. This report has been reviewed for recommendation by the Purchasing Manager, and is
presented for information.
Attachments:
Schedule "A" - Letter by OMAFRA dated June 19, 2009
Schedule "8" - Letter by MGS - Ministry of Government Services dated July 20, 2009
1407
SCHEDULE" A"
Ministry of Agriculture,
Food and Rural Affairs
Ministere de l'Agriculture,
de l'Alimentation et des
Affaires rurales
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l/F Ontario
4th Floor
1 Stone Road West
Guelph, Ontario N1G 4Y2
Tel: (519) 826-3419
Fax: (519) 826-4336
4' etage
1 Stone Road West
Guelph (Ontario) N1G 4Y2
Tel.: (519) 826-3419
relec.: (519) 826-4336
Rural Community Development Branch
~
JUL 0 3 2009
Friday June 19, 2009
MUNICIPALITY OF CLARINGTON
ADMINISTRATOR'S OFFICE
Franklin Wu
Chief Administrative Officer
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Dear Mr. Wu:
Thank you for submitting an application under the Rural Connections Broadband Program.
Funding decisions are based on the merits of each individual proposal in comparison with other
proposals as it relates to readiness, commitment, broadband gap to be covered, and benefits to
the community.
Further to your earlier conversation with Mr. Dino Radocchia, Manager, Rural Investments Unit,
Rural Community Development Branch, this letter confirms that based on the information
provided your application, your project will not be funded under Intake Two of the Rural
Connections Broadband Program. I can assure you, however, that your municipality's
commitment to developing Ontario's rural economy and making Ontario's rural communities
stronger is appreciated.
Should you have questions, please do not hesitate to contact Rick Hansen, Broadband
Coordinator, Eastern Region at 613-283-7002 ext. Ill.
Sincerely,
~~(W
Martin Bohl
Director,
Rural Community Development Branch
c. Rick Hansen, Broadband Coordinator, Eastern Region
Ministry Headquarters: 1 Stone Road West. Guelph. Ontario N1G 4Y2
Bureau principal du ministere: 1 Stone Road West. Guelph (Ontario) N1G 4Y2
Pick Ontario Freshness
Cueillez la fraicheur de "Ontario
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SCHEDULE "B"
Ministry of Government Services
Ministlire des Services Gouvernementaux
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t? Ontario
Office of the Corporate Chief Strategist
I & IT Strategy, Policy and Planning Branch
Bureau du stratege en chef de I'information pour la
fonction publique
Direction des strategies, des politiques et de la
planification en matiere d'ITI
5" Floor, Ferguson Block
77 Wellesley Street West, Toronto ON M7 A 1 N3
Telephone: (416) 327-2085
Facsimile: (416) 327-2190
Edifice Ferguson, 5e etage
77, rue Wellesley Ouest, Toronto ON M7A 1N3
Telephone: (416) 327-2085
Telecooieur: (416) 327-2190
July 20, 2009
As you may know, Industry Canada (IC) has $225 million to extend broadband coverage across Canada.
The objective of this Federal Broadband Program is to provide unserved and underserved Canadian
households access to broadband services (minimum 1.5 Mbps), including broadband coverage for First
Nations communities, This initiative represents an important opportunity for the continued expansion of
broadband access in Ontario.
For this program, eligible applicants include the private sector or consortiums of companies, not-for-profit
organizations, and provincial/territorial entities that build and operate broadband infrastructure. Program
details are available on the Industry Canada website at http://www.ic.qc.ca/eic/site/719.nsf/enq/home.
The program provides for federal funding of up to 50% for projects covering First Nations communities;
however, project areas can be funded up to an additional 50% from other federal First Nations funding
programs.
The first phase of the Federal Broadband Program involves an extensive, time-limited mapping exercise
to identify and validate unserved or underserved geographic areas, followed by a competitive call for
applications in late summer 2009. ISPs (Internet Service Providers), municipalities, businesses, citizens
and any organization with knowledge of this issue are invited to assist with mapping broadband
coverage by providing their input.
I would encourage you to access Industry Canada's interactive broadband maps and provide your
feedback online regarding the availability of broadband coverage within your respective geographic area.
The Industry Canada website can be found at www.ic.qc.ca/broadbandmaps. There is also a hotline toll-
free number for those without Internet access at 1-800-575-9200.
Everyone can playa crucial role in ensuring remaining gaps in rural and remote regions of the province
are accurately identified and in encouraging applications to the Federal Broadband Program for any
unserved or underserved areas. Please note that ISPs are being asked to verify their coverage areas by
July 24th, and we encourage all citizens to participate as soon as possible to inform the program.
For current information on broadband and related initiatives in the Province of Ontario please visit
http://www.diqitalontario.mqs.qov.on.ca.
I would like to thank you for your efforts and I encourage you to share this information with any of your
relevant contacts.
Sincerely,
Barb Swartzentruber
Strategic Projects Manager
Ministry of Government Services
"
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1409
ClfMingtnn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16th, 2009
Resolution #:
Report #: COD-068-09
File #:
By-law #:
SUBJECT: CL2009-20, HIGH STREET, FIRST STREET, THIRD & FOURTH
STREET RECONSTRUCTION
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-068-09 be received;
2. THAT Eagleson Construction, Millwork, Ontario, with a total bid in the amount of
$1,602,296.33 (plus G.S.T.), being the lowest responsible bidder meeting all
terms, conditions, and specifications of Tender CL2009-20, be awarded the
contract for High Street, First Street, Third and Fourth Street, Reconstruction as
required by the Engineering Department;
3. THAT funds required in the amount of $2,165,790.57 (which includes
$1,602,296.33 for tendering, design contract administration and contingencies)
be drawn from the Accounts as follows:
Department and Account Number
Engineering Department - Capital Budget
2009 High Street Road Construction
Account # 110-32-330-83332-7401
$ 604,000.00
2008 Third Street Road Reconstruction
Account # 110-32-330-83331-7401
$ 13,000.00
2009 Asphalt Rehabilitation - First, Third, Fourth & High Street
Account # 110-32-330-83212-7401 $ 505,000.00
1410
REPORT NO.: COD-068-09
PAGE 2
George Reynolds Drive Servicing
Account # 110-50-130-85002-7401
$ 87,000.00
Regional Municipality of Durham
Sanitary Sewer and Appurtenances
Watermain and Appurtenances
$ 430,712.70
$ 526.077.86
$2,165,790.57
4. THAT the tender award be subject to the approval of the Regional Municipality of
Durham for Regional Infrastructure; and
5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the
Clerk to execute the necessary agreement be approved.
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j/ .) :...- , . i ----/ ;t.c
Reviewed by: '-I { c~
Franklin Wu,
Chief Administrative Officer
MM/JBlkm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1411
REPORT NO.: COD-068-09
PAGE 3
1. BACKGROUND AND COMMENT
1.1 Tender specifications were provided by AECOM Canada Ltd. for the High Street, First
Street, Third and Fourth Street Reconstruction as required by the Engineering
Department.
1.2 Tenders were advertised in the Daily Commercial News, as well as electronically.
Subsequently, tenders were received and tabulated as per the letter from AECOM
Canada Ltd., Schedule "8" attached.
2. ANALYSIS
2.2 A total of six (6) submissions were received in response to the tender call. One
submission was rejected for failing to provide the bid bond in the value stipulated in the
tender document. A second bid was rejected as the tender was unbalanced. Neither
rejected bids was low. Four submissions were deemed compliant and acceptable.
2.3 After further review and analysis of the compliant bids by the Engineering Department,
AECOM Canada Ltd. and Purchasing, it was mutually agreed that the low bidder,
Eagleson Construction, Millbrook, ON, be recommended for the contract for the High
Street, First Street, Third and Fourth Street Reconstruction. A copy of the
recommending memos from the Department of Engineering and the consultant AECOM
are attached as Schedule "8".
2.4 The low bidder has not provided services to the Municipality in the past. References
have been checked and Eagleson Construction has completed a number of projects for
the Region of Durham, City of Kawartha Lakes and the Municipality of Marmora Lake
for similar projects. All references were satisfied with work completed by Eagleson
Construction and would recommend them for similar projects.
2.5 Queries with respect to department needs, specifications, etc., should be referred to the
Director of Engineering.
1412
REPORT NO.: COD-OG8-09
PAGE 4
3. FINANCIAL
3.1 The total project cost, including tender price of $1,602,296.33 design contract
administration, contingencies and utilities amounts to $2,165,790.57. The funding
required for the project is outlined in the memo from Engineering Services and the letter
from AECOM Canada Ltd., marked Schedule "B~'.
3.2 Funding for this project will be drawn from the following amounts:
Department and Account Number
Engineering Department - Capital Budget
2009 High Street Road Construction
Account # 110-32-330-83332-7401
$ 604,000.00
2008 Third Street Road Reconstruction
Account # 110-32-330-83331-7401
$ 13,000.00
2009 Asphalt Rehabilitation - First, Third, Fourth & High Street
Account # 110-32-330-83212-7401 $ 505,000.00
George Reynolds Drive Servicing
Account # 110-50-130-85002-7401
$ 87,000.00
Regional Municipality of Durham
Sanitary Sewer and Appurtenances
Watermain and Appurtenances
$ 430,712.70
$ 526,077.86
$2,165,790.57
4. INPUT FROM OTHER SOURCES
4.1 The Director of Finance has reviewed the funding requirements and concurs with the
recommendation.
4.2 This report has been reviewed for recommendation by the Purchasing Manager, with
the appropriate departments and circulated as follows:
Concurrence: Director of Engineering
Attachments:
Schedule "A" - By-law
Schedule "B" - Memo from Engineering Services & Letter from AECOM Canada Ltd.
1413
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Eagleson
Construction, Millbrook, Ontario, to enter into agreement for
High Street, First Street, Third and Fourth Street
Reconstruction, Bowmanville, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Eagleson Construction, Millbrook, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2009.
By-law read a third time and finally passed this
day of
,2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1414
SCHEDULE "B"
Cl!J!mgron
MEMO
TO:
Jerry Barber, Purchasing Manager
FROM:
Tony Cannella, CET., Director of Engineering
DATE:
November 9, 2009
SUBJECT: High Street, First Street, Third Street and Fourth Street
Reconstruction and George Reynolds Drive Lot Servicing
CL2009-20
The Engineering Services Department has reviewed the recommendation provided by
AECOM Canada Ltd. ("AECOM") and offers the following comments.
Over the last 2 years the Municipality has approved various budget amounts to allow for
the reconstruction of High Street, First Street, Third Street and Fourth Street in an effort
to replace the aging infrastructure in this older area of Bowmanville.
As part of the design process a Public Information Centre was held on June 3, 2009 in
the Council Chambers of the Municipality of Clarington Administrative Centre which the
proposed improvements were presented to the public. At this meeting concerns were
raised by area residents regarding provision and elimination of parking on the street,
improved sidewalks, storm water drainage and a number of other construction related
issues. As a result of the input received and assessment of this input, the final design
was updated to include works to the scope of the tender to address most of the
concerns raised.
During the tendering process the works required to service the four lots at the former
Courtice Fire Hall site off of George Reynolds Drive were added to the tender in order to
expedite the construction of the servicing this year. The price received for that work was
reasonable and consistent with estimated costs. Costs for this work have been budget
for in the Land Acquisition Account.
As Council is aware Fourth Street was originally approved in the 2009 Budget but due to
recent economic hardships it was removed from the budget as a cost saving measure
and was included in this tender as a provisional section as it was felt that by tendering
this now with the other streets in the area there was an opportunity to realize a savings
for the Municipality. Considering that the Fourth Street portion of the tender has come in
at a very good price roughly $85,000.00 under the estimated cost it is recommended
that the Fourth Street works be awarded this year and funded through the pavement
rehabilitation account. Work will not proceed on the High Street, First Street, Third
1415
SCHEDULE "B"
2
Nov. 9, 2009
Street and Fourth Street Reconstruction until the Spring of 2010. Work on George
Reynolds Drive will proceed and be completed this year.
We concur with AECOM's recommendation to award the contract to Eagleson
Construction in the amount of $1,602,296.33 exclusive of G.S.T. for the reconstruction
of High Street, First Street, Third Street and Fourth Street and the servicing of the four
future lots on George Reynolds Drive in Courtice.
Due to past experiences on similar projects, a contingency amount of approximately 10% is
carried forward. Therefore, including design and tender fees as well as contract administration
fees, the Engineering Department advises the following breakdown for the above referenced
project:
Proiect Breakdown
Total Project Value $1,209,000.00
Budget Amount
High Street Reconstruction $604,000.00
(2008 & 2009)
110-32-330-83352-7401
Third Street Reconstruction (2008) $14,000.00
110-32-330-83331-7401
First Street, Third Street, and High $505,000.00
Street Pavement Rehabilitation
(2009) 110-32-330-83212-7401
George Reynolds Drive (2009) $87,000.00
110-50-130-85002-7401
Estimated Unexpended Budget $1,000.00
Additional Funding Required $0.00
We recommend the report to Council move forward based on the above apportionments.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
1416
SCHEDULE "B"
3
Nov. 9, 2009
Attached for your files is the recommendation provided by AECOM which includes a
more detailed breakdown of estimated project costs. Should you have any further
question, please feel free to contact the undersigned.
Regards,
dfdz' '7~.../())
~ ,(,/ I /
) ',.../ -
A. S. Cannella, CET.
Director Engineering Services
ASC:jb
Attachment
cc William McCrae, P. Eng., AECOM
Nancy Taylor, Director of Finance
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379
1417
SCHEDULE ItB"
AECOM
AECOM
513 Division Street, Cobourg, ON, Canada K9A 5G6
T 905.372.2121 F 905.372.3621 www.aecom.com
November 9, 2009
Project Number: 12-29738
Mr. A. S. Cannella, C.E.T.
Director, Engineering Services
The Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L 1 C 3A6
Dear Sir:
Re: High Street, First Street, Third Street and Fourth Street Reconstruction
Contract No. CL2009-20 (the "Contract"), Municipality of Clarington
Tenders for the above project were opened at the Municipal Offices on Tuesday, November 3, 2009
at 2:00 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of
GST.
BIDDER TOTAL BID
Eagleson Construction, MILLBROOK, Ontario $1,602,296.33 *
$1,964,000.00 **
Hard-Co Construction Ltd., WHITBY, Ontario (Rejected)
Ron Robinson Limited, BOWMANVILLE, Ontario $2,1,47,633.84
Kapp Contracting Inc., VAUGHAN, Ontario $2,215,879.23
Tectonic Infrastructure, POTTAGEVILLE, Ontario $2,232,401.70
$2,321,355.28 ***
Elirpa Construction & Materials Ltd., PICKERING, Ontario (Rejected)
* Extension Error
Improper Bid - Unbalanced Bid
*** Improper Bid - Insufficient Bid Deposit
The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed all
bids to confirm compliance with the Clarington Purchasing By-Law and all bids were deemed
compliant except for those submitted by Hard-Co construction Ltd. and Elirpa Construction &
Materials Ltd. as noted above. AECOM Canada Ltd. ("AECOM") has reviewed all bids and confirmed
(P:\DepI12\12-29738\CorrespICL2009-20 Tender Award Letter Draftdoc)
1418
SCHEDULI: ..~..
Page 2
Mr. A.S. Cannella, CET.
November 9, 2009
the bid values noted above. Eagleson Construction is the lowest bidder. Its submitted tender has
been reviewed and is compliant.
As requested by the Purchasing Department, references were checked only for the lowest bidder.
Eagleson Construction has completed a number of projects of similar scope and value including work
for the Region of Durham, the City of Kawartha Lakes and the Municipality of Marmora Lake. Staff
contacted at the above references stated that Eagleson Construction has completed the work to
specification and to their satisfaction.
Estimated costs for various project components, based on Eagleson Construction's bid are
summarized on the attached Cost Apportionment.
With the low bid from Eagleson Construction and other associated project costs noted on the
attached Cost Apportionment, the project is within the allocated budget. Based on available funding
and the input provided by the references contacted regarding performance on previous projects, in
our opinion, the bid in the amount of $1,602,296.33 (exclusive of GST) may be awarded to Eagleson
Construction of Millbrook, Ontario subject to all provisions of the Clarington Purchasing Bylaw being
met and available financing.
Bid Cheques or Bid Bonds shall be retained for Eagleson Construction and Ron Robinson Ltd., the
second low bidder, until the Contract has been executed.
Should you have any questions regarding this matter, please contact the undersigned.
Sincerely,
AECOM Canada Ltd.
t-IIMI
Ron Albright, P.Eng.
Project Manager, Community Infrastructure
ron. albright@aecom.com
RA:ym
AECOM
(P:\DepI12\12-29738\ColTesp\CL2009~20 Tender Award Letter Draft.doc)
1419
Municipality of Clarington/Region of Durham
First, High, Third, Fourth Streets Reconstruction, Bowmanville
Cost Apportionment Based Low Bid
Contract CL2009-20
Tuesday, November 10, 2009
AECOM Project # 108385 (12-~92738)
Clsrlngton Region of Durltsm Comments
Description Total Asphsll Rehsb George Reynolds Ssnltsry Sewer & Walenn..n &
High Street third Stnlet (First. third, Drive Servicing Appurlensnces Appurlensnces
Project ID/Account Number 110-32-330-83332- 110-32-330-83331 110-32-330- 110-50-130-85002 969308010xx 969308009xx
74n' 74n' R~?"_74n' 74n'
Constructton Costs Contntct CL2009-7
Part A First Street Roaclwor1<s and Stonn Sewer $ 93,909.50 $79,909.43 $9,333.38 $4,666.69
Part B High Street Roadworks and Stann Sewer $ 642,242.56 $398,572.26 $102,930.30 $78,188.89 $62.551.11 ttems for Base Asphalt and Granular induded in Asphalt
Rehab.for High Street
Parte Third Street Roadwor1<s and Stonn Sewer $ 104,904.38 $72,604.73 $25,839.72 $6,459.93
Part 0 Fourth Street Roadwor1<s and Stonn Sewer $ 124,632.49 $107,133.85 $10.499.18 $6,999.46
Part E Sanitary Sewer and Appurtenances $ 206,210.22 $206,210.22
PartF Watennain & Appurtenances $ 317,484.59 $317.484.59
PartH George Reynolds Drive Servicing $63,257.5 $63,257.57
Sub- Total Construction $ 1,552,641.31 $ 398,572.26 $ 362,578.31 $ 63,257.57 $ 330,071.39 $ 398,161.78
PartG General items $ 49,655.02 12,711.68 11,619.27 2,035.86 10,576.52 12,711.69
Total Constructton $ 1,602,296.33 $ 411,283.94 $ 374.197.58 $ 65.293.43 $ 340,647.91 $ 410,873.47
AECOM Design Project Number 108385 108385 108385 112499.{)2 111469.{)1 111469.{)2
11?_?ll73RI i 1 ?-?9738\ 112-29738\
Detail Design, Public Consultation soo Approvsls
June 6, 2008 to October 2, 2009 $129,990.5! $40,988.58 $11.620.38 $32,119.96 $7,261.63 $19,500.00 $18,500.00 $84,728.92
Tendering. Construction Administration snd Materials Testing @ 10./0 $164,000.0( $42,000.00 $0.00 $38,000.00 $7,000.00 $35.000.00 $42,000.00
Other Costs
Utility Relocation
Rogers (Rough Estimate) $7,000.00 $3,000.00 $1,000.00 $1,500.00 $1,500.00
Bell (Quote) $34,050.0( $23,835.00 $10,215.00
Veridian (Quote) $2,873.38 $971.32 $1,902.06
Gas (Rough Estimate) $60.000.00 $40,000.00 $20,000.00
Sub- Total Other Costs $103,923.38 $67,806:32 $21,000.00 51,500.00 513.617.06
Sub- Total Estimated Project Costs 52.000,210.26 5562.078.85 $11.620.38 5465,317.54 579,555.06 $396,647.91 $484,990.53
Contingencies (10%) $165,580.31 $41,921.15 51,379.62 $39,682.46 57,444.94 $34.064.79 $41,087.35
Total Estimated Project Costs $2,166,790.57 $604,000.00 $13,000.00 $606,000.00 $87,000.00 $430,712.70 $626,077.87
Budget Amount $2.432.000.00 $804.000.00 $14,000.00 $505,000.00 $87,000.00 $655,000.00 $567,000.00
OverlUnder Budget Amount $266.209.43 $0.00 $1,000.00 50.00 $0.00 5224,287.30 $40,922.13
Aft costs exclude G.S.T.
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Cl!J[mgtnn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16th, 2009
Report #:
COD-069-09
File#_
By-law #
Subject:
RFP2009-12 - Leasing/Operation of Pro-Shops in Municipal Recreation
Centres
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report COD-069-09 be received;
2. THAT the proposal from On the Edge Skate Sharpening be accepted for the leasing of the
space available at Garnet B. Rickard Recreation Complex and South Courtice Arena, for a
two year term with the option to renew for an additional 5 years pending satisfactory terms
for both sides;
3. THAT the Evaluation Committee be authorized to proceed with negotiations for a lease
agreement with On the Edge Skate Sharpening on behalf of the Municipality of Clarington to
the satisfaction of the Municipality;
4. THAT the Evaluation Committee be authorized to negotiate with Legends New & Used
Sporting Goods for South Courtice Pro-shop, as the alternate proponent should negotiations
with On The Edge Skate Sharpening fail to produce an acceptable lease agreement; and
5. THAT the attached By-law marked Schedule "C", be approved authorizing the Mayor and the
Clerk to execute the-lease agreement which is satisfactory to the Municipality.
"-
(- ) tu.J(Q$~
'Franklin Wu,
Chief Administrative Officer
Submitted by:
J /2~i~
arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Reviewed by:
MM\JDB\sm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1421
REPORT NO.: COD-069-09
PAGE 2
BACKGROUND AND COMMENT
1. With the ceasing of operation of Municipal run Pro-shops in Municipal Recreation Centres
and at the request of Community Services a Request for Proposal (RFP) 2009-12,
Leasing/Operation of Pro-Shops in Municipal Recreation Facilities was issued. The intent
was to determine what outside interest there was in leasing this space. The RFP was
created to solicit from interested parties proposals for leasing of the pro-shop space at
Garnet B. Rickard Recreation Complex and South Courtice Arena. The term requested
was 5 years with the option to extend for an additional 5 year term. This RFP was publicly
advertised.
2. Upon closing, the Municipality of Clarington received two submissions. One submission
included the leasing of both offered spaces while the other was an offer to lease only the
space offered at South Courtice Arena. Each of the submissions received could be
deemed as working and fitting within the vision and objectives of the Municipality for the use
of this lease space. Attached as Schedule "B" are summaries of the submissions.
3. Proposed lease rates were similar, as were the leasehold improvements the proponents
were proposing. Both submissions were based on a two year initial agreement with the
option to extend for an additional 5 year term pending success of the first year.
4. As noted herein, staff are recommending that negotiations take place with On the Edge
Skate Sharpening, Courtice. Because the release of RFP details could prejudice the ability
to negotiate with the second proponent, the details of the proposals are provided as a
confidential attachment. Release of the submissions at this time will place staff at a
disadvantage in the negotiation process not only with the primary proposed tenant but also
with the alternate in the event initial negotiations fail.
5. The Evaluation Committee met to review and rank the proposals received. Upon
completion of the evaluation, On the Edge Skate Sharpening, Courtice ranked highest. On
the Edge has experience and knowledge in this type of business and the proposed
business plan fit within the expectation. The proposed operating hours and the services
provided are a good fit for the existing hours of operation or use of the facility in general.
The recommendation is to try to negotiate a lease with this company first.
1422
REPORT NO.: COD-069-09
PAGE 3
6. Staff are recommending that the proposal from On the Edge Skate Sharpening be accepted
and the Evaluation Committee be authorized to negotiate with On the Edge Skate
Sharpening a lease which is satisfactory to both parties. It is further requested that the
Mayor and Clerk be authorized to execute an agreement satisfactory to the Municipal
Solicitor.
6.1 Should negotiations fail to produce an acceptable lease agreement staff are
recommending negotiations with Legends New & Used Sporting Goods as the
alternate proponent for the leasing of South Courtice Arena Pro-Shop space provided
they remain interested.
Concurrence: Director of Community Services
Director of Finance
Attachments:
Attachment 1 - Schedule "A", Summaries of Submissions, Confidential Attachment
2 - Schedule "B", By-Law
1423
Schedule "8"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-
Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and On the Edge,
Courtice, Ontario, to enter into agreement for the lease space
at Garnet B. Rickard Recreation Complex, 2440 King Street
West, Bowmanville, Ontario & South Courtice Arena, 1595
Prestonvale Road, Courtice, Ontario to operate a Pro-shop.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, On the Edge, Courtice, Ontario, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2009.
By-law read a third time and finally passed this
day of
,2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk.
1424
tOll OJ f;l'Jr Jllgl~IlJ)1
lJldiill,,~ !iii
E';Cl'gi:tillg OIlI<H'i~ .,' ~-
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday November 16th, 2009
Resolution #:
Report #: FND-030-09
File #:
By-law #:
Subject:
FINANCIAL UPDATE AS AT SEPTEMBER 30TH, 2009
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-030-09 be received for information.
,-/, -.-/. /.,
/1,1 ..,'
l;j /'. "/ . o'.. j1 i
..../1,;// ' "'. ,. V;
Submitted by: (!llt",/t/f(Lf;{ / /
Nancy TftyloryB.B.A., C.A.,
Director of Fihance/Treasurer
J, .<,("._"
Reviewed by: ~'- LS~
Franklin Wu,
Chief Administrative Officer.
NT /LB/hjl
1 501
REPORT NO.: FND-030-09
PAGE 2
BACKGROUND AND COMMENT:
1.0 The Financial Update report has been designed to focus on overall budget
variance reporting. The format and layout of this report is consistent with report
FND-021-09 presented previously to Council. The 2009 Budget column has
been amended to reflect changes approved by Council on August 31,2009
through report CAO-004-09.
2.0 Third Quarter of 2009 Results
2.1 Attachment "A", the Summary of Operating Expenditures and Revenue statement
compares the Municipality's amended budget to actual posted expenditures and
revenue as of September 30, 2009. The statement reflects the Municipality's
amended operating budget only and excludes year to date expenditures for the
consolidated hall/arena boards. Net expenditures to September 30, 2009 total
$27,686,948.61 which represents 71.36% of the net amended operating budget.
This includes annual grants and debentures that occur at the beginning of the
year. If this was prorated over the year, the percent of the operating budget
expended drops to 68.67%.
2.2 Attachment "A" is intended to provide an indication of the status of the
Municipality's operating accounts compared to the approved amended budget as
at September 30, 2009. However, many departments are affected by high levels
of activity during specific times of the year. For example, some activities are
seasonal in nature, such as ice rentals and winter control which result in a
fluctuation of the timing of recognition of revenues and expenses. Due to these
timing differences, this statement cannot be used in isolation.
2.3 Of the total Planning revenue reported, Planning application revenues earned at
the end of the third quarter represent $126,186.62 or 67.84% of the 2009
Amended Budget. Due to the timing of billings for recovery of Port Granby
expenses incurred, the Planning Environmental revenues earned at the end of
the third quarter represent only $22,523.41 or 27.64% of the 2009 Amended
Budget. This is a timing issue only due to the Federal Government Fiscal
quarters.
2.4 Attachment "B", Continuity of Taxes Receivable for the three months ending
September 30,2009 provides the status of the taxes billed and collected by the
Municipality of Clarington during the third quarter of 2009. A total of$37,619,975
in final bills were issued to property owners in the Municipality during this period.
At the end of September, a total of $20,362,081 remains unpaid. The balance is
$3,816,000 higher than the prior year at this time. This balance will continue to
be closely monitored throughout the balance of 2009.
1502
REPORT NO.: FND-030-09
PAGE 3
2.5 Due to the increase in outstanding taxes at the end of this quarter, a review has
been undertaken to assess the current collection procedures and recommend
innovations. The implementation of recommended changes includes an increase
in the number of arrears notices issued to remind taxpayers of their outstanding
balances past due; personal phone contact of property owners who will be
eligible for tax sale in the coming year to explain their options; contracting the
services of a bailiff to assist in personalized collection efforts; and improved
contact with mortgage companies. These efforts combined with a stabilizing
economic outlook, should help bring the Tax Receivable balance back in line for
the fourth quarter.
2.6 Included in the outstanding balance at the end of September are a number of
unadjusted property issues that once approval has been received to adjust the
property value will cause a decrease to the tax receivable of approximately
$325,000. In addition to these adjustments, it was noted that the transfer
payment from the Province for their Payment in Lieu of Taxes was not received
in the third quarter as in 2008. This payment of just over $200,000 was received
at the beginning of November.
2.7 A preliminary review of the October month end tax receivable balance
outstanding has shown a notable decrease of approximately $5.3 million in the
year to year outstanding balance when compared to this September report.
Although still approximately $1.6 million higher than the October 2008 balance, it
is evident that efforts mentioned above are starting to have an effect.
2.8 Attachment "C", Outstanding Investments as at September 30, 2009 provides the
status of the Municipality's general, capital and reserve fund investment holdings
at the end of the third quarter of 2009. The Municipality at September 30 holds
$0 in general fund investments, $0 in capital fund investments, and
$40,121,427.28 in reserve fund investments to fund future commitments.
General fund investments are short term in nature and timed to mature when
funds will be required. Investments held in the Municipality's portfolio are
reviewed on an ongoing basis to ensure they meet the requirement of Section
418 of the Ontario Municipal Act and the Municipality's investment policy.
Currently, our preferred interest rate through our municipal banking contract on
the Municipality's main bank account exceeds the short term money market rates
and therefore is currently the primary vehicle for short term cash reserves so
would not be reflected on this statement.
CONCLUSION:
3.0 The report is provided as information to Council. Ongoing reports will be
provided quarterly.
1503
REPORT NO.: FND-030-09
PAGE 4
Attachments:
Attachment "A":
Attachment "B":
Attachment "C":
Summary of Operating and Expenditures and Revenue
Continuity of Taxes Receivable
Investments Outstanding
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1504
ATTACHMENT "A"
THE MUNICIPALITY OF CLARINGTON
SUMMARY OF OPERATING EXPENDITURES & REVENUES
TO SEPTEMBER 30, 2009
2009 AMENDED EXPENDED %
DEPARTMENT BUDGET TO SEPTEMBER 30 SPENT
NON-Departmental:
Expenditures (including Library) 3,281,124.00 3,228,904.56 98.41
Revenues/Recoveries (excludinQ teX) (8,000,003.00) (7,571,162.29) 94.64
Net Non-Departmental (4,718,879.00) (4,342,257.73) 92.02
Office of the Mavor & Council:
Net Office of the Mayor & Council 766,75800 550,743.41 71.83
Office of the CAO:
Net Office of the CAO 399,608.00 294,766.35 73.76
Corporate Services:
Expenditures 3,463,518.00 2,527,367.20 72.97
Revenues/Recoveries (181,500.00) (162,666.16) 89.62
Net Corporate Services 3,282,018.00 2.364,701.04 72.05
Clerks:
Expenditures 2,143,827.00 1,687,080.56 78.69
Revenues/Recoveries (437,100.00) (445,198.62) 101.85
Net Clerks 1,706,727.00 1,241,881.94 72.76
Finance:
Unclassified admin & Board of Trade 2,768,318.00 1,847,751.78 6675
Operatin9 Expenditures 1,697,392.00 1,251,612.87 73.74
Expenditures 4,465,710.00 3,099.364.65 69.40
Revenues/Recoveries (1,372,000.00) (1,247,899.37) 90.95
Net Finance 3,093,710.00 1,851,465.28 59.85
Emer!:lencv Services:
Expenditures 7,475,169.00 5,557.370.72 74.34
Revenues/Recoveries (9,250.00) (22,629.84) 244.65
Net Emergency Services 7.465,919.00 5,534,740.88 74.13
En!:lineerin!:l:
Expenditures 3,632,039.00 2,923,739.01 80.50
Revenues/Recoveries (652,450.00) (631,828.07) 96.84
Net Engineering 2,979,589.00 2,291,910.94 76.92
Operation:
Fleet & Debenture Pmts 1,752,573.00 1,408,221.54 80.35
Operating Expenditures 11,318,631.00 8,239,452.57 72.80
Expenditures 13,071,204.00 9,647,674.11 73.81
Revenues/Recoveries (405,000.00) (288,713.35) 71.29
Net Operations 12.666,204.00 9,358,960.76 73.89
Community Services:
Annual Grants & Debenture Pmts 3.223.82900 2,736,929 19 84.90
Operating Expenditures 8,452.228.00 5,531,424.42 65.44
Expenditures 11,676,057.00 8,268,353.61 70.81
Revenues/Recoveries (4.649,639.00) (2,966,655.83) 63.80
Net Community Services 7,026,418.00 5,301,697.78 75.45
Planninq Services:
Expenditures 4,399,650.00 3,387,04799 76.98
Revenues/Recoveries (267500.00) (148,710.03) 55.59
Net Planning Services 4,132.150.00 3,238,33796 78.37
TOTAL OPERATING:
Expenditures 54.774,664.00 41172,41217 75.17
Revenues/Recoveries 115,974.442.00) (13.485,46356) 84.4 .2
NET OPERATING EXPENDITURES 38.80022200 27 .686,948.61 71.36
1505
Attachment "8"
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Continuity of Taxes Receivable
or the Third Quarter of the Year 2009
June 30. 2009 SEPTEMBER SEPTEMBER
BEGINNING BALANCE INTEREST TAXES PAYMENTS! 2009 2008
RECEIVABLE ADDED BILLED BALANCE ADJUST""
I I I I I I I I I
CURRENT YEAR
TAXES 7,454.348 37,619,975 45,074,324 (30.718,773) 14,355,551 11,478,828
PENALTY AND iNTEREST 108,373 248,369 356,742 (115,616 241,125 199,329
FIRST PRIOR YEAR
TAXES 3,467,630 3,467.630 (621,567) 2.846,062 2.385,179
PENAL TY AND INTEREST 333,046 122,336 455,382 (103,606' 351,776 273,177
SECOND PRIOR YEAR
TAXES 1,303,868 1,303,868 (109,356) 1,194.512 869.857
PENAL TY AND INTEREST 212,441 45,831 258,273 (52,225' 206.047 171,826
.
HIRD & PRIOR YEARS
TAXES 952,639 952,639 (164,851) 787.788 785,108
PENALTY AND INTEREST 465,456 33,188 498,644 (119,424' 379.220 382,777
OTAL 14,297,801 449.724 37,619,975 52,367,500 (32,005,419' 20,362,081 16,546,081
... includes refunds, write-oils, 357's, etc
NOTE 1: 2009 Interim Instalment months: February and Aprii
2009 Final Instalment months: June and September
1506
ATTACHMENT "C"
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING
AS AT SEPTEMBER 30, 2009
\ I FINANCIAL INVESTMENT INTEREST MATURITY MATURITY
INSTITUTION COST RATE VALUE DATE
GENERAL FUND
TOT AL GENERAL FUND 0.00
CAP IT AL FUND
TOT AL CAPITAL FUND 0.00
RESERVE FUND
Bond-Canada RBC 739,938.86 3.55% 869,800.00 1-0ct-2009
BfA-BMO RBC 1,787,409.00 2.70% 1,835,669.04 2-Dec-2009
BfA-HSBC HSBC 3,205,433.60 0.33% 3,208,000.00 7 -Dec-2009
GIC-BNS RBC 461,911.53 0.70% 465,144.91 28-May-2010
Bond-Ontario RBC 733,772.63 3.85% 900,445.00 2-Jun-2010
GIC-Royal Bank RBC 945,000.00 2.00% 963,900.00 1 0-Sep-201 0
GIC-Royal Bank RBC 618,000.00 2.00% 630,360.00 25-Sep-2010
Bond-Canada RBC 5,094,062.47 4.10% 6,058,590.00 1-0ct-2010
GIC-National Bank RBC , 1,500,000.00 4.10% 1,833,770.00 6-Dec-2010
GIC-National Bank RBC 1,681,851.79 4.35% 2,080,894.41 6-Mar-2011
GIC-BMO RBC 2,221,742.00 4.30% 2,742,301.29 18-Sep-2011
Bond-Quebec RBC 776,152.23 4.35% 986,467.00 1-Dec-2011
Bond-Ontario RBC 999,999.54 4.20% 1,244,090.00 2-Dec-2011
GIC-Royal Bank RBC 2,000,000.00 4.05% 2,439,161.00 16-Mar-2012
GIC-BNS RBC 4,349,427.00 2.60% 4,697,579.00 13-Jul-2012
BfA-TO RBC 1,471,061.00 4.80% 1,859,675.00 30-0ct-2012
Bond-Ontario RBC 699,779.86 2.50% 759,557.00 2-Dec-2012
BfA-Royal Bank RBC 1,503,357.00 4.80% 1,900,502.92 8-Jan-2013
GIC-BNS RBC 1,546,695.00 4.50% 1,927,463.38 12-Feb-2013
GIC-BNS RBC 599,161.00 4.35% 741.320.00 4-Mar-2013
GIC TO 1,009,028.00 4.45% 1,254,427.00 25-Mar-2013
GIC TO 257,495.00 4.51% 321,039.00 13-May-2013
GIC-BNS RBC 2,060,630.00 3.10% 2,328,277 .00 30-Jul-2013
GIC-Royal Bank RBC 946,770.00 4.40% 1.174,213.00 30-Sep-2013
Bond-Ontario RBC 574,200.00 4.30% 598,890.60 14-0ct-2013
GIC-BNS RBC 1,338,742.00 4.15% 1,640,564.30 16-Dec-2013
Bond-Ontario RBC 999,807.77 3.35% 1,191,382.00 2-Dec-2014
TOTAL RESERVE FUND 40,121,427.28
\TOTALINVESTMENTS 40,121,427.28 I
, Investment interest paid on a monthlyfsemi-annualfannual basis
1507
ClfJlmgton
REPORT
FINANCE DEPARTMENT
Meeti ng:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY NOVEMBER 16th, 2009
Resolution #:
Report #: FND-031-09
File#:
By-law #:
Subject:
REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS -
SEPTEMBER 2009
Recommendations:
'It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-031-09 be received for information.
.',\ -
Reviewed by::~j f7(-t_c0i~ {~~
Franklin Wu,
Chief Administrative Officer.
NT/LG/hjl
1508
REPORT NO.: FND-031-09
PAGE 2
1.0 BACKGROUND:
1.1 At the meeting held on January 12, 2009, Council requested staff to provide by
department on a monthly reporting basis a report to Council on the variable growth related
revenue and the variable economic related revenues which could have an adverse effect
on achieving the 2009 municipal capital and current budget.
2.0 CURRENT:
2.1 This report is for the month of September 2009 including the year-to-date amounts along
with prior year's amounts for comparison. This report incorporates the amendments made
to the 2009 budget through Report CAO-004-09 approved August 31, 2009.
2.2 This report will look at the Building Division's revenues of the Engineering Services
department such as municipal development charges and building permit fees revenue
paid, the total of Planning Services Department's revenues such as site plans, rezoning,
condominium application fees and subdivision applications fees revenues.
2.3 The Community Services Department revenues are not included in this month's report as
current economic conditions do not appear to be affecting its revenues at this time.
2.4 The revenue amounts reported monthly in this report are reflected in the municipality's
general ledger when paid to the municipality, ie. on a cash basis. There will be some
differences between this report and the monthly Report on Building Permit Activity from
Engineering Department due to this timing difference.
3.0 ENGINEERING SERVICES - BUILDING DIVISION REVENUE STATUS
MUNICIPAL DEVELOPMENT CHARGES
MONTH OF SEPTEMBER
2009 2008
MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF
UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008
Single/Semi- Detached
-New construction $ 363,025.00 25 $ 1,057,295.00 102
-Additions $ - 0 $ 64,221.67 2
Townhouse $ 50,680.00 4 $ - 0
Apartment $ - 0 $ - 0
Commercial $ 768,483.00 1 $ - 0
Agricultural $ - 0 $ - 0
Government $ - 0 $ - 0
Institutional $ - 0 $ - 0
Industrial $ - 0 $ 8,890.39 1
TOTAL $ 1,182,188.00 30 $ 1,130,407.06 105 4.6%
1509
REPORT NO.: FND-031-09
PAGE 3
3.1 In the 2008 Development Charges Amendment Study, it is forecasted that the municipality
would be collecting approximately 82 residential units on a monthly basis for 2009 and
approximately 79 residential units on a monthly basis for 2008. For the month of
September 2009, there were only 30 units of the forecasted residential units of 82 being
issued which equates to 36.6%. For the month of September 2008, there were 105 units
of the forecasted residential units of 79 being issued which equates to 132.9%.
Comparing the number of units issued in 2009 to 2008, shows that September 2009 has
collected 28.6% of the units issued in September 2008. It is important to note that
September 2008 was the transition month to a higher Development Charges fee so there
were an influx of applications prior to the deadline.
MUNICIPAL DEVELOPMENT CHARGES
JANUARY TO SEPTEMBER - YEAR TO DATE
2009 2008
MUNICIPAL NUMBER MUNICIPAL NUMBER % CHANGE OF
UNIT TYPE DEV. CHARGES PAID OF UNITS DEV. CHARGES PAID OF UNITS DEV.CHGS 2009-2008
Single/Semi- Detached
-New construction $ 2,278,288.00 165 $ 4,775,666.00 508
-Additions $ - 0 $ 322,440.67 31
Townhouse $ 50,680.00 4 $ 209,640.00 37
Apartment $ (6,307.00) -1 $ - 0
Commercial $ 784,727.65 8 $ 174,323.08 12
Agricultural $ - 0 $ 16,040.67 0
Government $ - 0 $ - 0
Institutional $ - 0 $ - 0
Industrial $ 7,079.01 1 $ 8,890.39 1
TOTAL $ 3,114,467.66 177 $ 5,507,000.81 589 -43.4%
NOTE:Apartment unit in April 2009 is a negative value as permit was changed from 2 apartments to 1.
3.2 Comparing the number of units issued in 2009 to 2008, shows that 2009 YTD has
collected 30.1 % of the units issued in 2008 YTD. For the 2009 YTD, there are 177 units of
the forecasted residential units of 738 being issued which equates to 24%. Per the 2008
DC Amendment Study, 983 residential units are forecasted for 2009. For the 2008 YTD,
there were only 589 units of the forecasted residential units of 711 being issued which
equates to 82.8%. Per the 2008 DC Amendment Study, 951 residential units are
forecasted for 2008.
4.0 BUILDING PERMIT FEES REVENUE STATUS
4.1 The line graph below on building permit fees illustrates on a monthly basis the permit fees
collected for the years 2007, 2008 and year-to-date with the 2009 revised budget per
month. The line from October 2009 to December 2009 is flat lined as the revenues have
not been received. This line graph accents the fluctuations on a monthly and yearly basis
for the building permit fees collected in any given year. As you will note on the chart, the
March 2007 and the July 2008 building permit fees collected were over $400,000.
1510
REPORT NO.: FND-031-09
PAGE 4
4.2 For the month of September 2009, $60,750 was paid for building permit fees which
represents 121.5% of the 2009 monthly budget (monthly revised budget is $50,000). For
comparison purposes, for September 2008, $47,538 was paid for building permit fees
which represented 38% of the 2008 monthly budget (monthly budget was $125,000).
r----- --
--- ------------ - --...- - ---..----- -- -------- _._-
BUILDING PERMIT FEES PER MONTH
$500,000
$400,000
$300,000
$200,000
$100,000
$0
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-2007 Actual -2008 Actual
2009 Actual _2009 Budget
1_
4.3 The following line graph illustrates the building permittees on an accumulated monthly
basis for the years 2007, 2008 and year-to-date with the 2009 YTD revised budget. The
line from October 2009 to December 2009 is flat lined as the revenues have not been
received. This line graph also illustrates that 2007 year had the highest permit fees
revenue, The total building permit fees revenues were as follows for the years: 2007-
$1,685,290; 2008 - $1,348,198; and as at September 2009 - $579,208. For comparison
purposes, the 2007 permit fees of $1,685,290 was 112% of the 2007 annual budget of
$1,500,000; the 2008 permit fees of $1,348,198 was 90% of the 2008 annual budget of
$1,500,000 and as of September 30,2009 permit fees of $579,208 is 97% of 2009 revised
annual budget of $600,000.
BUILDING PERMIT FEES CUMULATIVE YTD
$2,000,000
$1,500,000
$1,000,000
$500,000
I'
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-2007 YTD Actual -2008 YTO Actual
2009 YTO Actual -2009 YTO Budget
- ----- --.-.-------- ---.----...----- -------.- -.".----
1 51 1
REPORT NO.: FND-031-09
PAGE 5
5.0 PLANNING SERVICES REVENUE STATUS
5.1 Plann'ing Services individual revenue sources have been consolidated. Planning Services
revenues include Official Plan amendment fees, rezoning fees, site plan fees, subdivision
application fees and subdivision/consent application fees. Planning fees do not reflect full
cost recovery rates in contrast to those done under Building Fee Legislation. They have
been consolidated since the sum total of fees is the key revenue number and individual
types of application are difficult to predict.
5.2 The graph below illustrates for the monthly revenue and revised budget for September that
2009 revenue is slightly above 2008 year's revenue.
PLANNING - MONTHLY REVENUE & BUDGET
$45.000
$40.000
$35.000
$30.000
$0
I
. 2009 Actll,)15(,p\'~nlbC'r
.2009 r\'lonthly Bud~~L't
$25,000
$20,000
$5,000
I I
.2008 Actu,,1 ScptL'mbvr
$15,000
S 10.000
.2008 Monthly Buclgd
SI.'pl<"1l1b(',
Buclg(.t
S,,'pt t'1ll bl.'r
Buclg<>t
200') Actu,,1 2009 rv1ol~thly 2003 ALlu.:!! 2008 Monthly
5.3 Planning Services 2009 revised budget for the overall revenues is $186,000 and for 2008
budget the overall revenues were $500,000. This equates to a reduction
of $314,000 or 63% decrease from 2008 to 2009 budget. The Planning Services revenue
actuals for September 2009 are $16,078 and for September 2008 were $12,153. The
September revenues as a percentage of each year's monthly budget values: 2009 revised
is 103.7% and 2008 was 29.2%.
1512
REPORT NO.: FND-031-09
PAGE 6
:------ ------...----...--.-----.-- ..---....-----l
I PLANNING-ACCUMULATED REVENUE & BUDGET I
\ :::::::: [~ -~~~- _ __ _ _~ ~~-~~~-~-__ --_ u_ -- m --- .
I I
I $250,000 f---- - .--- .--- -.-----
I I
I $200,000 1- -------------------- -.
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: $150,000 1---- - .-----
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\ $0 I !
I II September I Budget
2009 YTD 2009 YTD
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T'-
September i Budget
2008 YTD I 2008 YTD
I
. 2009 YTD September
. 2009 YTD Budget
. 2008 YTD September
. 2008 YTD Budget
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5.4 The Planning Services accumulated revenues year-to-date as of September 2009 is
$126,187 and as of September 2008 were $178,174. The accumulated revenues as a
percentage of each year's annual budget values: 2009 revised - 90.5% and 2008 -
47.5%. This reflects the overall economic activity and the surplus of subdivision
applications in the draft approved or processing stages. While fees were paid several
years ago, plan review and implementation activities are ongoing.
6.0 SUMMARY AND CONCLUSIONS:
6.1 In comparing current year's month and previous year's month values several aspects need
to be considered such as the time of year/season, economic conditions, weather
conditions, investors long term plans, pending legislation and appeals. It is important to
keep in mind that Planning fees are applied to the overall general fund rather than
departmental. The development plan review and implementation process involves staff
from many departments who play various roles in the process to generate the revenues
identified.
6.2 This report is submitted for information purposes. The revenue shortfall forecasted to the
end of 2009 has been addressed in the Council report CAO-004-09 on August 31,2009.
The budget values in this report have been adjusted based on revised forecasts as
approved by Council report CAO-004-09.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1513
Cl!J!ington
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
November 16, 2009
Report #: FND-032-09
File #:
By-law #:
Subject: SERVICE FEE AMENDMENTS
RECOMMENDA TIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-032-09 be received;
2. THAT the implementation of the new service fees and the increase in fees
addressed in Report FND-032-09 be approved; and
3. THAT the by-laws attached to Report FND-032-09 as Schedule B be approved.
Submitted by:
j _/-7
,.. ~/
;!2//CQ l:di~f. (7/
I. f I
Nancy TaylQr, B':B':A., C.A.
1.- .......
Directorof Firance/Treasurer
Reviewed by: ' ranklin Wu
f Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1514
REPORT NO.: FND-032-09
Page 2 of 4
1.0 BACKGROUND AND COMMENT
During consideration of Report CAO-004-09 at the Special Council meeting held on
August 31,2009, Council was advised that an implementation of new service fees and
an increase in existing service fees would be recommended as possible saving ideas
for the 2010 budget. The following addresses some of the ideas put forward.
2.0 NEW FEES
2.1 Mortgage Administration Fee Charge to Mortgage Companies
This new Mortgage Administration Fee is intended to help offset municipal staff time
and expense in providing account maintenance of the mortgage company's interest and
separate billing of tax installments.
Staff have done a survey of the other Municipalities in the area that currently charge this
Administration Fee to Mortgage Companies and the results are below:
Town of Ajax
City of Pickering
City of Oshawa
$10.00 per taxpayer
$10.00 per taxpayer
$7.00 per taxpayer
Staff recommends a Mortgage Administration Fee to Mortgage Companies of $10.00
per taxpayer.
2.2 New AccounUChange of Ownership Fee
This is a new fee charge that would be added to the taxpayer's property tax account at
the time of the new account set up or change of ownership. This new fee charge is
intended to help offset municipal staff time and expense.
A survey was done of surrounding area municipalities and the results are listed below:
T own of City of City of T own of
Ajax Oshawa PickerinQ Wh itby
New Tax Account Set-Up Fee $50.00 $50.00 $50.00 $25.00
Change of Ownership Fee $25.00 $10.00 $25.00 $25.00
Staff recommends a New Account/Change of Ownership Fee of $25.00 per taxpayer.
2.3 Property Standards Application Fee
Once an order is issued by a Property Standards Officer, the recipient has the right to
file an appeal with the local Property Standards Appeal Committee. This committee is
comprised of citizens of the community who are empowered under the Building Code
1515
REPORT NO.: FND-032-09
Page 3 of 4
Act to rule on appeals against orders. The committee consists of five members, and a
secretary. At present there is no fee to file an appeal.
Past practice has shown that the Appeal is sometimes used as a method of delaying the
requirement for compliance with an Order, as filing an Appeal stalls the enforcement
date for the Order. The Appellant then can gain an extra month or two to comply
without any risk to themselves.
Staff are proposing the imposition of a fee to file an Appeal. A survey of 22
Municipalities in Southern Ontario found a range of fees of up to $368 per Appeal. The
imposition of a fee places a value on the process and an incentive on the Appellant to
appear at the Appeal. It will also help defray the cost of the Committee.
An Appeal Hearing can consist of five Committee members, the Secretary, the
Investigating Officer and the Manager. Each member of the Committee who attends is
paid $55.81 for their attendance and inspection of the subject property, therefore, if all
five Committee members attend, the cost to the Municipality is $279.05, exclusive of
staff costs.
It is recommended that upon filing an Appeal an individual will pay a fee of $100.
Should the Appellant not appear at the Appeal, the entire fee would be forfeited to the
Municipality. If the Appellant does appear, one half of the fee would be refunded to the
Appellant so that, in the end, the cost is only $50.
3.0 INCREASE IN FEES
3.1 Marriage Licenses
The Municipality has been charging a fee of $100.00 for Marriage Licenses since
February 1, 2002. The Municipality sells approximately 330 marriage licenses per year.
A survey of the area municipalities within Durham Region has found the following:
Municipalit
Marria e License Fee
$100.00
$ 75.00
$125.00
$100.00
$125.00
$115.00
$100.00
It is recommended by staff that the fee for marriage licenses be increased to $125.00.
1516
REPORT NO.: FND-032-09
Page 4 of 4
3.2 Commissioner for Taking Affidavits
By virtue of their offices, the Municipal Clerk and the Treasurer are Commissioners for
Taking Affidavits in accordance with Provincial legislation. In order to better assist our
residents, we have also had the Administrative Assistant to the Municipal Clerk
appointed under the legislation. We are currently signing approximately 400 affidavits
per year. Since 1996, we have been charging $15.00 + GST for swearing an affidavit.
In contacting the other area municipalities, the following was found:
Municipalit
Commission in Fee
Town of Aax
Township of Brock
Cit of Oshawa
Cit of Pickerin
Township of Scu 0
Township of Uxbrid e
Town of Wh itb
$15.00
$10.00 for non-residents,
no char e for residents
$20.00
$10.00
$20.00
$15.00
No char e for residents of Whitb
Also, it has been determined that local solicitors charge between $10 and $25,
depending on the document. It is recommended that the fee for commissioning
documents be increased from $15.00 to $20.00 + GST.
3.3 Parking Fees
The Clarington Traffic By-law's fines have remained static since December 1998. After
comparing the amounts charged for various offences with those charged by other
municipalities in the Region of Durham, staff are preparing to submit a new fine
structure to the Regional Senior Justice for approval. It is recommended that fines will
be increasing by approximately ~ with certain fines being raised higher to bring them
into line with the rest of the Region. One significant change is the removal of the $200
early fine for parking in a Disabled space. The fine amount for this offence is strictly
established by the Municipal Act at $300. The Act does not speak to an early payment
option and Clarington is one of the few Municipalities to offer a reduced amount.
A chart highlighting all the proposed changes to the Parking fines is attached to this
Report as Schedule A.
4.0 CONCLUSION
As staff reported on August 31, 2009, new service fees and increases to existing
service fees would be considered to assist with the 2010 budget. It is recommended
that the fees addressed in this report be implemented effective January 1, 2010.
1517
MUNICIPALITY OF CLARINGTON
ITEM COLUMN 1 CURRENT FINES PROPOSED FINES
EARL Y AMOUNT SETAMOUNT
1 parked in Disabled space $200 / 300 $ - $ 300.00
2 parked at expired meter $10/15 $ 20.00 $ 30.00
3 parked on boulevard $20 I 30 $ 30.00 $ 45.00
4 parked 10nQer than 3 hours $15 / 23 $ 30.00 $ 45.00
5 parked within 3 metres of fire hydrant $20 I 30 $ 45.00 $ 60.00
6 parked in fire route $30 / 45 $ 45.00 $ 60.00
7 parked on private property without consent $20 / 30 $ 30.00 $ 45.00
8 parked on municipal property without consent $15 /23 $ 30.00 $ 45.00
9 parked on street between 3 am. and 5 am. $20 / 30 $ 30.00 $ 45.00
10 parked within 1 metre of a driveway $20 / 30 $ 30.00 $ 45.00
11 stopped where prohibited $20 / 30 $ 30.00 $ 45.00
12 interfere with snow clearinQ $20 I 30 $ 45.00 $ 60.00
13 park overweight commercial vehicle where prohibited $15/23 $ 45.00 $ 60.00
14 stopped over sidewalk/footpath $15 / 23 $ 30.00 $ 45.00
15 stopped within 10 metres of crosswalk $15 / 23 $ 30.00 $ 45.00
16 parked within 10 metres of intersection $15 I 23 $ 30.00 $ 45.00
17 parked within 4 metres of railway tracks $15/23 $ 30.00 $ 45.00
18 parked/stopped in 10adinQ zone $15/23 $ 30.00 $ 45.00
19 parked on street vehicles washing/ repairs/ greasing $15 / 23 $ 45.00 $ 60.00
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Schedule B to Report FND-032-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2009-
being a By-law to amend By-law 96-32, as amended, to
require the payment of fees for information and services
provided by the Municipality of Clarington and for prescribing
the amount of such fees
WHEREAS at its meeting held on November 23,2009, the Council of the Municipality of
Clarington adopted the recommendations contained within Report FND-032-09:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALlTY
OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1. THAT By-law 96-32 be amended as follows:
a) By de~eting Schedule "A" and replacing it with the attached Schedule "A"
b) By adding a new Schedule "F" as attached; and
2. THAT this by-law shall come into effect January 1 , 2010.
By-Law read a first, second and third time and finally passed this 23rd day of November
2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1519
SCHEDULE "A"
TO BY-LAW 96-32, AS AMENDED
SERVICE/DOCUMENT
Photocopies
(Minimum Charge)
Staff Reports
Long Distrance Fax Service
Commissioner for Taking Affidavits
GENERAL FEES
FEE
$0.65/page
$3.00
No charge prior to Council meeting
After meeting, no charge under 10 pages;
11-20 pages $5.00; over 20 pages $10.00
Flat rate $10.00 up to 5 pages and $1.00 per
page thereafter
$20.00 + Any applicable taxes/signature
1520
SCHEDULE "F"
TO BY-LAW 96-32, AS AMENDED
FEES PRESCRIBED BY THE DIRECTOR OF FINANCE/TREASURER
SERVICE/DOCUMENT
Mortgage Administration Fee
Charge to Mortgage Companies
New AccounUChange of Ownership Fee
FEE
$10.00/taxpayer
$25.00/taxpayer
1521
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009-
being a By-law to establish a fee for Marriage Licenses for
the Municipality of Clarington and to repeal By-law 2002-008
WHEREAS at its meeting held on November 23,2009, the Council of the Municipality of
Clarington adopted the recommendations contained within Report FND-032-09:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALlTY
OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1. THAT a fee of $125.00 be charged for the issuance of Marriage Licenses in
the Municipality of Clarington;
2. THAT By-law 2002-008 be repealed; and
3. THAT this by-law come into force and take effect January 1, 2010.
By-Law read a first, second and third time and finally passed this 23rd day of November
2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1522
CllJl-!lJgtnn
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 16, 2009
Report #: CAO-010-09
File:
By-law #:
Subject:
CODE OF CONDUCT FOR COUNCIL MEMBERS
Recommendation
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CAO-O 10-09 be received;
2. THAT the attached By-law with respect of Council Member Code of Conduct be
approved.
\) -~ I)(J _ 0";'
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S b 'tt db' t H -- - JlL
u ml e y: ~
Franklin WU M.A.O.M
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
1601
REPORT NO.: CAO-010-09
PAGE 2
Report
1. At its meeting held on October 26,2009, Council considered CAO Report 007-09
and resolved to direct the CAO to draft a standalone Code of Conduct for Council
Members.
2. Attached herein is the By-law providing for such a Code. The provisions of the
Code are verbatim extractions from the "Employee Code" where reference was
made to Members of Council.
1602
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2009-
Being a by-law to Establish a Code of Conduct for Members of Council
WHEREAS section 223.2 of The Municipal Act, 2001, as amended, authorizes
the municipality to establish a Code of Conduct for members of the council; and
WHEREAS the Council of the Municipality of Clarington has determined the need
to establish a standalone Code of Conduct for members of council:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1. THAT Schedule A attached hereto is adopted as the Municipality of
Clarington's Code of Conduct for members of council; and
2. THAT Schedule A attached hereto forms part of this by-law.
By-law read a first, second and third time this _ day of 2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1603
Schedule A to By-law 2009-_
Code of Conduct - Members of Council
1. Purpose
The Code of Conduct for members of council serves as a guide to
members of council in the individual conduct of their official duties. The
Code represents general standards. It does not replace council member's
roles, responsibilities, actions and behaviours required by various statutes.
2. Conduct
Members of council shall not:
a) breach the public trust or misappropriate public funds and/or
resources.
b) use Municipal property, equipment, supplies or services of
consequence for activities not associated with the discharge of
official duties.
c) benefit from the use of information relating to the affairs of the
Municipality.
d) benefit from the use of information acquired during the course of
official duties which is not generally available to the public.
e) sell goods or services to the Municipality or have a direct or indirect
interest in a company or own a company which sells goods or
services to the Municipality.
f) conduct their work activities in a manner which may cause personal
injury to themselves or others or damage to equipment or property
of the Municipality.
g) bid on the sale of goods except those disposed by public auction.
h) use Municipal buying power for personal gain or benefit.
3. Enforcement
The onus of compliance of the Code is on the individual member of
council. In addition, the provisions of various statutes pertaining to the
roles, responsibilities, actions and behaviours governing members of
council apply to instances of improper conduct.
1604
HANDOUlS/CIRCULA liONS
GPA
~
~~
Clean Water - Healthy Land
Financial Assistance Program
Clean Water - Healthy Land
Financial Assistance Program
within the Municipality of Clarington and the
Regional Municipality of Durham
Pam Lancaster,
Clean Water - Healthy land Program Coordinator
Ganaraska Region Conservation Authority
Monday, November 16, 2009
Municipality of Clarington, GP&A Meeting
~
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Clean Water - Healthy Land
Financial Assistance Program
History...
October 19, 2006 the Ganaraska Region
Conservation Authority Board approved the
Clean Water - Healthy Land Financial
Assistance Program guidelines.
January 1, 2007 the Clean Water - Healthy Land
Financial Assistance Program was initiated
within the Municipality of Clarington and within
the Ganaraska Region Conservation Authority.
Funded by the Regional Municipality of Durham.
.-!.
,< Clean Water - Healthy Land
~~~:~~~ Financial Assistance Program
The goal of the CWHLFAP is "through
stewardship, improve overall watershed health"
. Identification through watershed and fisheries plans
. Engage and assist watershed residents in
stewardship and conservation.
. Enhance public awareness of watershed health
. Provide technical services
. Provide financial assistances
. Address recommendations from monitoring and
evaluation programs
~
'Ganaraska
':::::!~ _ -' CONSfRVATION
Clean Water - Healthy Land
Financial Assistance Program
Financial Assistance Program
. Provide funding assistance to the residents of
the Municipality of Clarington, within the GRCA
.
region.
. Funding available for landowners, residents,
community groups, schools etc. ..
. Review process to give out funding.
~
~~a~~~~~:
Clean Water - Healthy Land
Financial Assistance Program
Funding Amounts and Caps
Project Category Cost-Share Grant Cap
Pro rtion
Best Management Practices Up to 50% $3,000
Habitat Rehabilitation, . Up to 50% $2,500
Enhancement or Protection (REP)
Land Conversion Up to 50% $2,500
Well Management Up to 50% $1,000
Erosion Control Up to 50% $2,500
Clean Water Diversion Up to 50% $1,500
Reforestation Up to 50% $2,500
Other Up to 50% $2,500
Clean Water - Healthy Land
Financial Assistance Program
A review committee is in place to evaluate
the projects and approve funding.
Faye Langmaid, Municipality of Clarington,
Manager of Special Projects
Gordon Robinson, Municipality of Clarington
Councilor, Ward 4; Ganaraska Region Conservation
Authority Board Member
Linda Laliberte, Ganaraska Region Conservation
Authority CAO/Secretary- Treasurer
Mark Peacock, P.Eng., Ganaraska Region
Conservation Authority Director of Watershed
Services
~
~~ay~~~~~
Clean Water - Healthy Land
Financial Assistance Program
Accomplishments to date
~
~~a~~:;~.:
Clean Water - Healthy Land
Financial Assistance Program
2007 Projects
MonetaI,' \'alue of stewardship projects
. Fundjng Breakdown:
Clean Water-Healthy Land Financial Assi'tance Program: $16,367.67
landowner Ccntribution $61,709.00
Additional Fund'''g Provided:
Trees Ontario Foundation: $4,900.00
Uak Ridges Moraine ~oundation: ) I ,1Y1.~U
Environmental Farm Plan Funding: $11,887.18
Moneta.'Y Value of Projects:
Total: $96.65635
11 Projects Funded
~
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Clean Water - Healthy Land
Financial Assistance Program
2008 Projects
Monetary vallie of stewardship projects
Funding Breakdown
Clean Water-Healthy land Financial Assis-
tance Program paid out $13.603.40
Clc:m Water.Healthy und Fin:ancial Assis-
tance Program approved but not com-
pleted, $9.067.50
undowner contribution for completed
projects: $18,242.02
AdditifJnal Funding Provided:
Oak Ridges MorJine Foundation: $48.50
Environmental Farm Plan Funding:
$1,260.00
Total Monetary Value of Projects: $40,131.42
16
Projects
Funded
,
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Clean Water - Healthy Land
Financial Assistance Program
2009 Projects
. Well Management
- Funded 6 well upgrade projects
- Funded 3 well decommission project
~
~Ganaraska
-
r _"""CONSfRVATKlN
Clean Water - Healthy Land
Financial Assistance Program
. Reforestation
- Funded 4 tree plant project
- Planted 12,600 trees
~
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Clean Water - Healthy Land
Financial Assistance Program
. Habitat Rehabilitation
- Funding planting of shrubs and trees around a
pond
~
~~a~~:~~~
Clean Water - Healthy Land
Financial Assistance Program
. Best Management Practice
- Funded the purchase of
. a GPS Unit
. No-till Drill
. Chaff spreader
- Funded a stream fencing project on Wilmot Creek
~
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Clean Water - Healthy Land
Financial Assistance Program
Budget
. To date
-$18,819.34 has been spent
- $6,000.00 has been allocated for projects to
be complete
. $17,778.58 left to spend from the 2009
budget
. Total monetary value of projects to date
$68,580.59
,f Clean Water - Healthy Land
~~ay;~:~~ Financial Assistance Program
Landowner Contacts
. Attending the Durham
Agriculture Stewardship
Seminar in November
. Word of mouth
. .
increasing
. Numerous Brochures
and Posters sent out
. Attended the Durham
Central Fair and Family
Safety Day
Clean Water - Healthy Land
Financial Assistance Program
-
-Allows landowners to engage in active
stewardship without heavy financial burden.
-Provides technical assistance to allow a project to
run smoothly.
-Engages residents in the
environment and watershed
planning and management.
~
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Clean Water - Healthy Land
Financial Assistance Program
For more information on the Clean Water-Healthy Land
Financial Assistance Program Please Contact
~
~~a~~::~~
Pam Lancaster, Stewardship Technician
Ganaraska Region Conservation Authority
2216 County Road 28, P.O. Box 328
Port Hope, ON L 1A 3W4
905-885-8173 x 247 plancaster@grca.on.ca
www.grca.on.ca
Durham Region Long Term Transit Strale-gy
Durham Region
Long Term Transit Strategy
~An adaptive, safe, reliable, frequent, accessible and desirable transit system that
shapes and connects Durham Region and beyond in an eoonomicalfy and
environmentally sustainable manner. n
Presentation to Municipality of Clarington
General Purpose and Administration Committee
November 16, 2009
1
November 16,2009
Dumam Region Long Term Transrt Strategy
Agenda
1. Summary
2. L TT8 and the EA Process
3. DRAFT Regional Rapid Transit Network
4. Highway 2 Rapid Transit Functional Planning
5. Public Consultation
6. Next Steps
2
November 16,2009
Summary
.
Purpose of Project:
. Identify Regional Rapid Transit Network
. Provide sufficient justification to support future
funding applications
Status:
. Draft Regional Rapid Transit Network complete
. Draft Hwy 2 Conceptual Design Complete
. Hwy 2 Pinch Point Options Identified
. Preliminary Technology Recommendations
Cost Benefit and Economic Analysis underway
Key Issues:
. Project Team is working cooperatively with
regional and local municipal staff to ensure that
key issues are identified early in the process
(no surprises in Phase 3)
.
.
November 16. 2009
DtJrham Region Loog TennTrandSIrB\egy
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Schedule
. L TTS to be completed by March 2010
in accordance with the signed
Contribution Agreement.
. Draft Report
. Submitted to the Region December
18,2009
. Distributed to municipalities for review
and comment.
. Final Report
. Complete by February 15, 2010
November 16. 2009
Durham R<l\Jlon Long Term Tra.....~ Strategy
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. June 29, 2009:
. Technical Advisory Group Meeting (TAG)
. March 23 - April 2, 2009:
. Individual meetings with Lakeshore Municipalities:
. July 10 - July 22, 2009:
. Individual meetings with Lakeshore Municipalities
. August 13, 2009:
. Project Team Meeting (Lakeshore Municipalities attended)
. Post Aug 13:
. Comments received from Ajax, Oshawa and Pickering
. November 2, 2009:
. TAG Meeting
. General Public
. Community Advisory Committee meetings (CAC)
. Stakeholder Advisory Committee meetings (SAC)
. Open Houses
5
Novembcr 16. 2009
Durham Regkln Long Term Transit Strategy
L TTS and the EA Process
. Phase 1: Problem Statement
.
The quality, speed and reliability of existing transit services along the Region's key corridors are being
negatively impacted by existing traffic congestion.
Planned road network Improvements are not expected to mitigate these impacts and they are expected
to worsen over the next 20 years as traffic demand increases.
By 2031, forecasted travel demands along many of the Region's major travel corridors are exoocted to
exceed the available capacity.
.
.
.
Opportunity
. To improve Public Transit service In the Region to address Intra- and Inter-regional travel demands
. To support Regional and Municipai planning policies, with Rapid Transit acting as a catalyst for future
land use development
Phase 2: Preferred solution as shown in the Draft Rapid Transit Network
Phase 3: Alternative Methods of Implementing the Preferred Solution (Hwy 2)
. We are beginning to look atlhese issues now, in order to:
Ensure Feasibility
Identify Key Issues
Engage Residents and Other Stakeholders
Raise Awareness
Phases 1 & 2 and the preliminary
stages of Phase 3 are being
undertaken as part of lhe LTTSprojecl
.
.
Phase 4: Environmental Study Report
PhaseS:lmplementatlon
Phase 3. 4 & 5 Will be undertaken as
the projecl progresses to subsequent
stages
.
6
November 16,2009
Durh.am Region long Term TransilSlrol8gy
Corridor Types
. Rapid Transit:
. BRT or LRT in exclusive or
semj~exclusive right of ways
. Enhanced Conventional:
. Distinctive
StationsNehicles/Passenger
Amenities
. Increased Average
Speeds
IiII Arterial Conventional:
. Grid network
. Feeder Conventional:
. Neighborhood service
SooJ,<<t-IIltl>:__><l._.pidwo....
Novllmber16,2009
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8
Durham Ragioolong Term Trans;t Stralegy
Consistency with Metrolinx
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November 16, 2009
OurhamRegionLongTermTrans~Slralegy
Hwy 2 Rapid Transit
. Why LRT in the long-term?
. Future Ridership> Bus Capacity
. Sparks Urban Growth
. Supports Transit Oriented Development
. Meets Vision Statement Objectives:
. Short-term options for Hwy 2:
. Bus Rapid Transit (HOV to dedicated lanes)
. Mixed-Traffic Operations through pinch points
. Transit Signal Priority
. HOV I Queue-Jump Lanes
10
November 16,2009
Durham Region Long Tenn TransitSlrategy
Functional Planning for Hwy 2 Rapid Transit
. Goals of the Highway 2 Functional Planning work:
. Assess the feasibility of accommodating Rapid Transit throughout the
corridor
. Identify pinch points
. Identify right.of-way requirements and potential property impacts
. Assess operational impacts and benefits (I.e. through microsimulation)
. Based on consultation with local municipalities
"
November 16,2009
Durham Region lonll Term Tran5it Stralegy
Cycling Facilities
.
Council Direction (October 21, 2008) - adopt
Regional Cycling ~Ian recommendations
Regional Cycling Plan
. Highway 2 Corridor = Regional Cycling Spine
. Urban Cross Section: Multi.use boulevard path on
one side of the road
. Rural Cross Section: Paved shoulder bikeway on
. both sides of the road
.
.
Wherever possible include a 3.0 m multi-use
boulevard on north side of the road
Bike lanes may be preferred in some sections where a
multi-use trail is not feasible
Consideration should be given to the use of altemative,
parallel routes for cycling, where available, rather than
forcing cyclists into mixed traffic on a high-volume
arterial road
.
.
November 16. 2009
12
Durham Region Lonll Term Transn StraIIIgy
shawa/Clarington Mainline Options
Mainline Options
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Durham Regoo long Term Transrt Slralegy
Possible Cross-Section
STNEETlI::Jr rSTIlEEfLIGHT
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HR.
Durham Region Long Term Transtt Strategy
Local Council meetings
Presentations requested by area municipalities:
. Pickering Planning Committee: October 5
. Ajax General Government Committee: October 8
. Clarington Council: November 16
. Oshawa Development Services Committee: November 16
. Whitby Council: November 16
. Uxbridge Council: November 23
17
November 16,2009
~manSfJ;
.
Durham Region Long Term Trans~ Strategy
Future Public Consultation
. CAC, SAC and Open House meetings to be held Winter
2010
18
November 16, 2009
DUI'ham Regiolllong Term Trans~ Strategy
19
November 16,2009
-
Pdl1~"'hlp<in~'''~
Empowering Your Business
Clarington Board of Trade
-
Economic Development Activity
OI;tob~r08
J..nuary09 Varies-averageS
Calls Handled November09 June09 Voarles i1vera~e 5 nt'. da" "'errla
20-25 per day
Emai!shandled 20-25nerdav 20-25 ner do 1~15nerdav
;Meetingswithexisling 10 (more extensive time 78{industrialCorporateco/l'
'businesses 26 sDentl ~ra~ra';;'- 2"
~ -h .
, eetmgsw't pro.spectlve
businesses 24 13 5 3
Re"ionalleads 24 (CareNel)
9 8 4addWonal 4
New business " 14 6 6
Business
xpansionjinquiriesand
Dves 18 25 3 2
56 (includes
Casbametal,
New;obscreated Z57annroximl1fel 23annmximatelv HR Welding, m
48" ,oximately onda and TO
Clarington Board of Trade
-
Economic Development Activity
!~acant Land --'---~-
6 9 5 6
Inquiries
ivacant Space 2
'Inquiries 9 14 7
Nav 09
June 09
Jan 09
Oct 08
Clarington Board of Trade
-
Welcome to
Clarington
Welcome to
Clarington
Bowmanville:
Toe Drag Sports -10
Clarington Backyard Creations - 2
My Best Friend Pet Groomers - 2
City Cottage - 1
Atkins Automotive - 4
Nu-Ufe Hearing Centre - 2
Lindo Mexico - 4
Wicked Hair - 3
Wing Pit-8
AJgoma - 100
Hobb and Company - 9
Courtice:
Bobcat of Durham - 7
For Evermore Tattoos & Fine Art - 4
The Fisherman's Fish & Chips - 2
Comedy Royale Dinner Theatre 4 8
Newcastle:
studio 37 Hair Esthetics - 1
Hair and Now-1
The Snug -20
The Old Newcastle House Taps & Grill- 7
Orono:
Gibson Supplies .2
Clarington Board of Trade
-
Business Relocations
Baby Go Round(Bowmanville)
Peaks Mens wear(Bowmanville)
Second Chance(Bowmanville)
Lange's Photo(Bowmanville)
Rona (Newcastle)
Businesses Closed
Well Wise Centre(Orono)
Island Tan (Ccurtice)
Espresso Legato (Bowmanvilte)
MaJorie's Closet(Bowmanville)
FMG (Bowmanville) - has moved to Windsor
Clarington Board of Trade
-
ii .,.
[l1!mmm
~_... .
.DSEA Sustainable
Communities conference
. Clarington Farmers Market
. Shop Local
. Camp 3D/Boys Training
School Summit
. Simply Social Networking
. Lunch & Learns
. MembershipAppreciation
. Bio Life Science Group, 1"
meeting
. Annual Mayor's Address
Clarington Board of Trade
-
Life Science partnership blossoms for
Clarington
c UOIT, Lakeridge, Holburn and Gamma Dynacare
Holbum has signed a lease with Gamma Dynacare
. .
Partnership for cancer diagnostics moving forward
with Lakeridge, Holbum and UOIT
Creating laboratory education opportunities
Clarington Board of Trade
~.
-
Promotional Video
IJ 5 video segment will be produced
Welcome
Tourism
Quality of Life
Economic Development
Real Estate
Quick uptake on Sponsorship and support
First day of taping is complete
Anticipated Release date will be June 2010
Clarington Board of Trade
.
-
Meetin~
Presentation to the Durham Realtors
Commercial Council
mca Funding Workshop
Regional
Durham Joint Chambers Meeting
H 0 I bu rn/U 01 T /la keridge
Helping business
Shop Local Campaign
Clarington Farmers' Market
Marketing Minds
Broadened Communications
DSEA lDurhilm Strategic Energy Alliance)
Durham Bio life Science Group
Regional Real Estate Networking Event
YlM Business Directory
Broadband Webinar
Torgan
Committee of Adjustments
Official Plan Review
In the Communit'l
Durham Region Transit
Stakeholders Advisory Board
Lakeridge Health C1arington
Community Panel
Regional Immigration Portal
Committee
Clarington Board of Trade
.
-
CBOT Awarded Peer Review Funding
from the Canadian Environmental
Assessment Association
Our focus will be to prepare a review of the socio-
economic impact for the new nuclear portion of
Ontario Power Generation's EA submission
Clarington Board of Trade
-
-
Getting the Job done....
Increased communication, results are seen with
more diverse attendance at our events and increase
in membership
Mapping project show service level, zoning and
designation
Clarington Board of Trade
-
Thank you for supporting CBOT Economic
Development as we move forward, focusing on the
responsibility for advancing community and
business development through our attraction,
retention and expansion efforts.