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Home My WebLink About12/07/2009 C', · gl · {81m. .... tOll Ellergizillg Olllario · GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: December 7, 2009 9:30 A.M. COUNCI L CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. MINUTES (a) (b) Minutes of a Regular Meeting of November 16, 2009 401 Minutes of a Special Meeting of November 20, 2009 420 5. PRESENTATIONS (a) Sheila Hall, Executive Director of the Clarington Board of Trade, Regarding Physician Recruitment (b) Jennifer Cooke, Manager of Communications and Marketing, Regarding BizPal Demonstration (c) Ivan Ciuciura, Director of Emergency Management, Region of Durham, Regarding Nuclear Preparedness (d) Stephen Straughan, Port Hope Area Initiative Management Office, Regarding Property Value Protection Program (e) Jeff Brooks, Principal Planner, Region of Durham, Regarding Durham Smart Commute Program and Car Pooling Initiatives 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) (a) Frank Lockhart, Regarding Clarington & Valleys 2000 Annual Report (b) Frank Lockhart, Regarding Clarington & Valleys 2000 Lease Extension CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda - 2 - December 7, 2009 (c) Richard Ward, Regarding Implications Resulting from Compliance Audit of John Mutton (d) Valentine Lovekin, Regarding Council Approval for Staff to Discuss Two Outstanding Matters With Newcastle Recycling Ltd. (e) Gerry Mahoney, Regarding Property Value Protection Program 7. PUBLIC MEETINGS (a) An Application to Amend the Clarington Official Plan and Zoning By-law 701 Applicant: Ontario Power Generation Inc. Report: PSD-113-09 8. PLANNING SERVICES DEPARTMENT (a) PSD-113-09 Official Plan and Zoning By-law Amendment to Permit a 801 Financial Office and Visitors' Centre Applicant: Ontario Power Generation Inc. (b) PSD-114-09 Monitoring of the Decisions of the Committee of 813 Adjustment for the meeting of November 19, 2009 (c) PSD-115-09 Application for Removal of Holding Symbol 819 163-777 Avondale Drive, Courtice Applicant: 812723 Ontario Inc. (d) PSD-116-09 Amendment to Application Fees By-law Planning and 825 Development Applications (e) PSD-117-09 Request for Permit to Remove 49 Beaver Street South, 844 Newcastle Village, from the Municipal Register of Properties of Cultural Heritage Value or Interest (f) PSD-118-09 Canada - Ontario Affordable Housing Program - 2009 Confidential Extension - New Rental Housing Component Preliminary Project Recommendations 9. ENGINEERING SERVICES DEPARTMENT No Reports 10. OPERATIONS DEPARTMENT No Reports G.P. & A. Agenda - 3 - December 7, 2009 11. EMERGENCY AND FIRE SERVICES DEPARTMENT (a) ESD-014-09 Service Fee Amendments 1101 12. COMMUNITY SERVICES DEPARTMENT (a) CSD-015-09 Darlington Soccer Club Proposal to Operate Bowmanville 1201 Indoor Soccer Facility Concession 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-027-09 2010 Municipal Elections 1301 14. CORPORATE SERVICES DEPARTMENT (a) COD-071-09 RFP2009-11 - Consulting Services for Garnet B. Rickard 1401 Recreation Complex - Energy Retrofit 15. FINANCE DEPARTMENT (a) FND-033-09 Report on Revenue Sensitive to Economic Conditions - 1501 October 2009 (b) FND-034-09 Request of Tony Wood for Tornado Finance Assistance 1507 16. CHIEF ADMINISTRATIVE OFFICE (a) CAO-009-09 Clarington Concert Band 1601 17. UNFINISHED BUSINESS 18. OTHER BUSINESS 19. COMMUNICATIONS 20. ADJOURNMENT ClfJ!ilJgton General Purpose and Administration Committee Minutes November 16, 2009 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 16, 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 Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Director of Engineering Services, 1. Cannella Director of Planning Services, D. Crome Director of Corporate Services & Human Resources, M. Marano Director of Finance, N. Taylor Fire Chief, Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, June Gallagher 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 Hooper rose to remind everyone about the Bowmanville Santa Claus Parade taking place at 10:30 a.m. on Saturday, November 21, 2009 in the downtown core. Mayor Abernethy announced that Gord Miller, Environmental Commissioner of Ontario will be making a presentation to Council on Monday, November 23,2009. - 1 - 401 General Purpose and Administration Committee Minutes November 16, 2009 MINUTES Resolution #GPA-611-09 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on November 2,2009, be approved. CARRIED PRESENTATIONS PAM LANCASTER, STEWARDSHIP TECHNICIAN, GANARASKA REGION CONSERVATION AUTHORITY, REGARDING THE CLEAN WATER HEALTHY LAND FUNDING PROGRAM (CWHLFP) Pam Lancaster provided the Committee with a verbal presentation to accompany a PowerPoint presentation. She noted that this is the third year of the CWHLFP and gave a brief history of the program. Ms. Lancaster reminded the Committee that the goal of the program is "through stewardship, improve overall watershed health". She mentioned that this will be done through: identifying of plans; engaging residents in stewardship and conservation; enhancing public awareness of watershed health; providing technical services; providing financial assistance; addressing recommendations from monitoring and evaluation programs. Ms. Lancaster informed the Committee that there is a program available to provide funding assistance to the residents of the Municipality of Clarington, within the GRCA region. There are 8 different project categories that are funded up to 50%. Ms. Lancaster advised there is a Review Committee in place to evaluate the projects and approve funding. Ms. Lancaster informed the Committee that the program funded 11 projects in 2007; 16 projects in 2008; and 18 in 2009, totalling approximately $25,000, with $18,000 remaining to be spent prior to December 31,2009. She noted that many of these projects increased the monetary value of the property owners' land. Ms. Lancaster informed the Committee of the various public awareness programs, such as: attending local fairs and seminars; word of mouth; and brochure and poster distribution. In conclusion, Ms. Lancaster summarized the benefits of the program as follows: allows landowners to engage in active stewardship without heavy financial burden; provides technical assistance to allow a project to run smoothly; and engages residents in the environment and watershed planning and management. - 2 - 402 General Purpose and Administration Committee Minutes November 16, 2009 She provided the Committee with the description of the process involved in the well upgrades or well decommissioning that are funded, which is funded to 50% of the cost up to $1000.00. PHIL MEAGHER, DEPUTY GENERAL MANAGER - OPERATIONS AT DURHAM REGION TRANSIT, REGARDING LONG TERM TRANSIT STRATEGY FOR DURHAM REGION Phil Meagher addressed the Committee regarding the Long Term Transit Strategy for Durham Region. Mr. Meagher provided the Committee with a summary of the project to date. He reminded the Committee that the purpose of the project is to identify the Regional Rapid Transit Network and provide sufficient justification to support future funding applications. He provided the Committee with a status update where he indicated that the draft Regional Rapid Transit Network is complete; the draft Highway 2 Conceptual Design is complete; the Highway 2 Pinch Point Options are identified; and the Preliminary Technology Recommendations Cost Benefit and Economic Analysis is underway. He noted that the Long Term Transit Study (L TTS) is to be completed by March, 2010 and the draft report is to be submitted to the Region on December 18, 2009 and distributed to the municipalities for review. Mr. Meagher reviewed the ongoing consultation process with the local municipalities. He reviewed the five phases of the project, being: problem statement, preferred solution, alternative methods of implementing the preferred solution, environmental study report, and implementation. Mr. Meagher informed the Committee of the four corridor types: rapid transit, enhanced conventional, arterial conventional, and feeder conventional. He mentioned that the proposed changes are consistent with the Metrolinx long-range plans. Mr. Meagher indicated the following reasons for Light Rapid Transit (LRT): future ridership, sparks urban growth, supports transit oriented development, and meets the vision statement objects. He noted that the following are the short-term options for Highway 2: Bus Rapid Transit (HOV to dedicated lanes), mixed-traffic operations through pinch points, transit signal priority, and HOV/Queue-jump lanes. He noted that the goals of the Highway 2 Functional Planning work are to assess the feasibility of accommodating Rapid Transit throughout the corridor; identify pinch points; identify right-of-way requirements and potential property impacts; and assess operational impacts and benefits. Mr. Meagher mentioned that cycling facilities are being taken into account with the plan. He reviewed the two main conceptual options for the Highway 2 corridor. He presented several slides showing possible cross- sections of how the streetview would look. Mr. Meagher reviewed the meeting dates of the local municipalities, including open house meetings that will take place later in the winter. Mr. Meagher confirmed that there plans to have the service up and running by late 2012 in Pickering. He also confirmed that Phase 1 has identified 6 intersections that will need to be upgraded to handle the increased transit traffic and further that the Regional - 3 - 403 General Purpose and Administration Committee Minutes November 16, 2009 Planning Department is working with the Municipality of Clarington's staff. Mr. Meagher briefly discussed the difference between the ticket price ($2.25) and the actual cost ($5.00). He also confirmed that commuter parking lots are not included as part of this study, and that if the Committee has concerns they will need to address it with the Region of Durham or the Ministry of Transportation, depending on the lands involved. Mr. Meagher confirmed that the timeframe of the LRT to Bowmanville is in the range of 2031. He also confirmed that there are no significant issues with "pinch points" and that the timing of the implementation would still be dependent on funding. Mr. Meagher indicated that this presentation only addresses the higher order transit (i.e. supporting grid to support the LRT) and is separate from any expansion of the local bus service that might be necessary to feed the LRT. Mr. Meagher confirmed that the future plans is to take over GO transit on Highway 2, with GO providing service to people wanting longer distance service. He also provided the Committee with a summary of 6 million rides in 2005 to 8.5 million rides in 2008, and that this is mainly due to the special passes offered to the college and university students. SHEILA HALL, CLARINGTON BOARD OF TRADE, REGARDING AN ECONOMIC UPDATE Sheila Hall addressed the Committee regarding an Economic Update from the Clarington Board of Trade (CBOT). She made a verbal presentation accompanied by a PowerPoint presentation. Ms. Hall informed the Committee that the activity remains constant and encouraging. She presented the Committee with a summary showing the economic development activities, including: calls handled, emails handled, meetings with existing businesses, meetings with prospective business, regional leads, business expansion/inquiries and moves, new jobs created, vacant land inquiries, and vacant space inquiries. Ms. Hall indicated that the leads that they are seeing are more "qualified" than in the past. She noted that the lack of current transit can be a hindrance to relocation of businesses to the area. Ms. Hall also noted that it is the small businesses that are rebuilding the local economy. She provided the Committee with a list of the local businesses that have recently created jobs, as well as those that were relocated or closed. Ms. Hall provided some anecdotes of local success stories. She informed the Committee of the business growth activities that the Clarington Board of Trade is undertaking. Ms. Hall announced the most recent success of the health care technology park creating laboratory education opportunities; which is at the Business Plan stage and the partnership document will be finalized this month. It is anticipated that 10 UOIT scientists, 80 students, and up to 50 diagnostic staff will be employed at this facility. She updated the Committee on the "promotional video" project, which consists of 5 video segments focussing on: welcome, tourism, quality of life, economic development, and real estate, which is expected to be completed by Spring, 2010. - 4 - 404 General Purpose and Administration Committee Minutes November 16, 2009 Ms. Hall reported that the CBOT was awarded peer review funding, in the amount of $15;000, from the Canadian Environmental Assessment Association. The focus will be to prepare a peer review of the socio-economic impact for the new nuclear portion of Ontario Power Generation's EA submission. In conclusion, Ms. Hall noted that the success of the CBOT is thanks to: increased communication and a mapping project showing service level, zoning and designation. Ms. Hall confirmed that the transit issues have been raised with Durham Regional Transit by Bonnie MacFarlane, from the Clarington Board of Trade. She also confirmed that a file is kept for each company that is contacted, including a series of questions on why the business did not proceed with their plans in Clarington. Ms. Hall confirmed that the health care technology park will be a draw for future businesses, but two of the stumbling blocks are servicing of the land and having the Environmental Assessment completed. She also confirmed that one of the largest hindrances to bringing businesses to Clarington is the lack of serviced land, and further that internet and hydro service is "spotty" near the Lake. Ms. Hall also confirmed that it is more challenging to contact home based businesses, but that they do approach them when they are discovered. She further encouraged home-based businesses to come forward and contact the CBOT. Ms. Hall noted that knowledge-based jobs and research opportunities would be good areas to focus on for Clarington growth possibilities. She also confirmed that there is a shift from large manufacturing to a partnership-based model because history has shown that staying in a niche market is not always the most successful. Ms. Hall confirmed that the lack of serviced lands has impacted the decisions of potential growth in businesses. ALTER THE AGENDA Resolution #GPA-612-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the agenda be altered to add a confidential verbal report of the Chief Administrative Officer following Report CAO-01 0-09. CARRIED - 5 - 405 General Purpose and Administration Committee Minutes November 16, 2009 DELEGATIONS Richard Ward addressed the Committee regarding the deferral of the taxes pending an investigation to justify his taxes. He confirmed that he had received a letter from the Municipality indicating that his most recent request for deferral was denied. He informed the Committee that the report assumed that the taxes were legitimate and he asserted that they are not. He indicated that he has been concerned about the 13 years where his garbage was not picked up and further that this has a bearing on his taxes. Mr. Ward indicated that the MPAC Market Value estimate in 1996 is still higher than his 2012 assessment and therefore, on this basis, the taxes are unjustified. After this assessment, he stopped maintaining the property and that this results in his taxes being unjustified. Mr. Ward reviewed the history between himself and the Municipaltity regarding the Distress Warrant being issued; the ban from the building; false criminal allegations; and claim of false allegations against him. Mr. Ward requested an investigation into the recent invoice from the Municipality for a property standards clean up charge of $6000.00. He confirmed that he has filed many Requests for Consideration (RFC) and they have not been resolved, by MPAC, to his satisfaction. Mr. Ward requested Council to reconsider their resolution regarding this matter. RECESS Resolution #GPA-613-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT the Committee adjourn for an 8 minute break from 10:44 a.m. to 11 :02 a.m. CARRIED The meeting reconvened at 11 :02 .a.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING There were no Public Meetings. - 6 - 406 General Purpose and Administration Committee Minutes November 16, 2009 PLANNING SERVICES DEPARTMENT MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 29, 2009 Resolution #GPA-614-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-107-09 be received; and 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. CARRIED MINOR VARIANCE TO SIGN BY-LAW 97-157 APPLICANT: SULLIVAN & CO. CHARTERED ACCOUNTANT Resolution #GPA-615-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Report PS 0-108-09 be received; 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 THAT all interested parties listed in Report PSD-1 08-09 and any delegations be advised of Council's decision. CARRIED - 7 - 407 General Purpose and Administration Committee Minutes November 16, 2009 RELEASE OF OFFICIAL PLAN REVIEW DISCUSSION PAPER ONE "LET'S HAVE A DISCUSSION...IMPROVING OUR BUILT ENVIRONMENT AND THE PLANNING PROCESS" Resolution #GPA-616-09 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-109-09 be received for information; and THAT the Region of Durham and all interested parties listed in Report PSD-1 09-09 be advised of the release of the Discussion Paper. CARRIED REZONING OF PORTION OF RONA LANDS FROM "ENVIRONMENTAL PROTECTION EXCEPTION (EP-2) ZONE" TO "SPECIAL PURPOSE COMMERCIAL (C-S) ZONE" Resolution #GPA-617-09 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report PSD-110-09 be received; THAT the Zoning By-law contained in Attachment 2 to Report PSD-110-09, 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 THAT all interested parties listed in Report PSD-11 0-09 and any delegations be advised of Council's decision. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2009 Resolution #GPA-618-09 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report EGD-032-09 be received for information. CARRIED - 8 - 408 General Purpose and Administration Committee Minutes November 16, 2009 OPERATIONS DEPARTMENT There were no reports to be considered under this section of the Agenda. Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - OCTOBER, 2009 Resol ution #G P A-619-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report ESD-013-09 be received for information. CARRIED 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 3RD QUARTER PARKING REPORT Resolution #GPA-620-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report CLD-025-09 be received; and THAT a copy of Report CLD-025-09 be forwarded to the Bowmanville Business Centre for their information. CARRIED Mayor Abernethy chaired this portion of the meeting. - 9 - 409 General Purpose and Administration Committee Minutes November 16, 2009 CORPORATE SERVICES DEPARTMENT DARLINGTON SPORTS CENTRE RENOVATION PRE-PURCHASE OF ICE PLANT Resolution #GPA-621-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-066-09 be received; THAT the competitive bidding requirements of the Purchasing By-law be waived; THAT the 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; THAT the resulting bid submissions 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 THAT the final renovation tender for the Darlington Sports Centre be reported to Council for award. CARRIED INFORMATION REPORT - BROADBAND EXPANSION Resolution #GPA-622-09 Moved by Councillor Woo, seconded by Councillor Novak THAT Report COD-067-09 be received for information. CARRIED - 10- 410 General Purpose and Administration Committee Minutes November 16, 2009 CL2009-20, HIGH STREET, FIRST STREET, THIRD STREET, AND FOURTH STREET RECONSTRUCTION. Resolution #GPA-623-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report COD-068-09 be received; THAT Eagleson Construction, Millbrook, 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; 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 Accou nt # 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 Accou nt # 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 THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional Infrastructure; and THAT the By-law attached to Report COD-068-09, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes November 16, 2009 RFP2009-12 - LEASING/OPERATION OF PRO-SHOPS IN MUNICIPAL RECREATION CENTRES Resolution #GPA-624-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report COD-069-09 be received; 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; 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; 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 THAT the By-law, attached to Report COD-069-09, marked Schedule "C", be approved authorizing the Mayor and the Clerk to execute the lease agreement which is satisfactory to the Municipality. MOTION REFERRED TO END OF THE MEETING (See Motions GPA-625-09 and GPA-636-09) Resolution #GPA-625-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report COD-069-09 be referred to the end of the agenda, to discuss the confidential attachment in "closed II session. CARRIED Mayor Abernethy chaired this portion of the meeting. - 12 - 412 General Purpose and Administration Committee Minutes November 16, 2009 FINANCE DEPARTMENT FINANCIAL UPDATE AS AT SEPTEMBER 30TH, 2009 Resolution #GPA-626-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report FND-030-09 be received for information. CARRIED Councillor Foster left the meeting at 12:01 p.m. prior to the vote being called on the above motion. REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - SEPTEMBER 2009 Resolution #GPA-627-09 Moved by Councillor Trim, seconded by Councillor Hooper THAT Report FND-031-09 be received for information. CARRIED Councillor Foster returned to the meeting at 12:02 p.m. prior to the vote being called on the above motion. SERVICE FEE AMENDMENTS Resolution #GPA-628-09 Moved by Councillor Trim, seconded by Councillor Woo THAT Report FND-032-09 be received; THAT the implementation of the new service fees and the increase in fees addressed in Report FND-032-09 be approved; and THAT the by-laws attached to Report FND-032-09 as Schedule B be approved. CARRIED Councillor Trim chaired this portion of the meeting. - 13 - 413 General Purpose and Administration Committee Minutes November 16, 2009 CHIEF ADMINISTRATIVE OFFICER CODE OF CONDUCT FOR COUNCIL MEMBERS Resolution #GPA-629-09 Moved by Mayor Abernethy, seconded by Councillor Woo WHEREAS public confidence and public trust are essential to good governance; AND WHEREAS in order to promote public trust and confidence, it is essential that members of Council conduct their affairs so as to ensure that their private affairs do not interfere with their public duties; AND WHEREAS in order to promote public interest, the conduct of members of Council should be above reproach, should respect their role as protectors of the public good, and should bear close public scrutiny; AND WHEREAS Section 223.2 of the Ontario Municipal Act, 2001, as amended, authorizes the municipality to establish a code of conduct for members of council; AND WHEREAS the creation of a municipal ethics system is an important step in the evolution of municipal governance. It is a means to promote good governance and to ensure that respect, fairness and accountability are integral parts of municipal politics and administration. NOW THEREFORE BE IT RESOLVED that the code of conduct for members of Council is enacted as follows: 1. Interpretations (definitions) - to be drafted by CAO. 2. Principles Mutual respect and equality before and under the law are foundations of local government. Members of Council are expected to conduct themselves in such a way as to promote respect for Council and municipal government. Members of Council, while they may passionately debate issues and promote ideas, are to conduct their public duties with an abiding sense of fairness and dignity. - 14 - 414 General Purpose and Administration Committee Minutes November 16, 2009 3. Purpose The purpose of this code is to establish clear conduct rules for members of Council, so that misconduct may be avoided and so that clear standards exist against which to assess potential misconduct of those members. 4. Rules of conduct 1. Preferential Treatment - No member of Council shall, in the exercise of an official power, duty or function, give preferential treatment to any person or organization based solely on the identity of the person or orga n ization. 2. Insider Information - No member of Council shall use information that is obtained in the exercise of his or her official duties and that is not available to the public to further his or her private interests or those of his or her relatives or friends. 3. Influence - No member of Council shall use his or her position to seek to influence a decision of another person or Council so as to further their own private interests or the interests of his or her relatives or friends. 4. Use of Municipal Property - No member of Council shall use municipal property for personal use. 5. Gifts - No member of Councilor any member of his or her family shall accept any gift or other advantage that might reasonably be seen to have been given to influence the member of Council in the exercise of an official power, duty or function. 6. Restriction of Agency - No member of Council shall appear as a paid agent of a third-party before Councilor any of its committees or local boards. 7. Treatment of Staff - No member of Council shall attempt to require municipal staff to participate in political activities or to undertake personal or private work on behalf of the member. 8. Inappropriate Conduct - No member of Council shall bully, otherwise intimidate, or threaten his or her colleagues, members of the public, or members of the municipal organization. Every member of Council is expected to conduct himself or herself in public and in respect to the public in such a way as to reflect the decorum and dignity of the office that he or she holds. 5. Consequences of Misconduct - Every member who fails to meet his or her obligations under this code or those obligations as outlined in any statue of the Province of Ontario including the Ontario Municipal Act, the Ontario Municipal Conflict of Interest Act, and any other provincial and federal statute or legislation, is subject to the consequences of those statutes and legislation. - 15 - 415 General Purpose and Administration Committee Minutes November 16, 2009 The onus of compliance of this code is on the individual member of Council. MOTION LOST (See following motion) Resolution #GPA-630-09 Moved by Mayor Abernethy, seconded by Councillor Woo, THAT the foregoing motion be tabled until the next GPA meeting. MOTION LOST The foregoing resolution #GPA-629-09 was then put to a vote and Lost. Resolution #GPA-631-09 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CAO-010-09 be received; and THAT the By-law attached to Report CAO-010-09, with respect to Council Member Code of Conduct, be approved. CARRIED Mayor Abernethy chaired this portion of the meeting. UNFINISHED BUSINESS PRESENTATIONS: PAMELA LANCASTER - CWHLFP PHIL MEAGHER - LONG TERM TRANSIT STRATEGY FOR DURHAM REGION SHEILA HALL - ECONOMIC UPDATE Resolution #GPA-632-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the presentations of Pamela Lancaster, Phil Meagher and Sheila Hall be accepted with thanks. CARRIED - 16 - 416 General Purpose and Administration Committee Minutes November 16, 2009 DELEGATION - RICHARD WARD, REGARDING DEFERRAL OF THE TAXES PENDING AN INVESTIGATION TO JUSTIFY Resolution #GPA-633-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the delegation of Mr. Richard Ward be received with thanks. CARRIED REQUEST FOR PHYSICIAN RECRUITMENT UPDATE Resolution #GPA-634-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the Clerk's Department contact Sheila Hall, Clarington Board of Trade, and request an update to Council on physician recruitment. CARRIED Resolution #GPA-635-09 Moved by Councillor Trim, 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 the following two matters: · A matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and · A matter that relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that act. CARRIED The meeting resumed in "open" session at 1 :45 p.m. RISE AND REPORT Mayor Abernethy reported that two items were discussed in "closed II session in accordance with Section 239(2) of the Municipal Act, 2001, as amended and that no resolutions were passed. - 17 - 417 General Purpose and Administration Committee Minutes November 16, 2009 RFP2009-12 - LEASINGIOPERATION OF PRO-SHOPS IN MUNICIPAL RECREATION CENTRES Resolution #GPA-636-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report COD-069-09 be received; 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; 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; 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 THAT the By-law, attached to Report COD-069-09, marked Schedule "C", be approved authorizing the Mayor and the Clerk to execute the lease agreement which is satisfactory to the Municipality. CARRIED CONFIDENTIAL CAO VERBAL REPORT TO ADDRESS LITIGATION OR POTENTIAL LITIGATION Resolution #GPA-637-09 Moved by Councillor Novak, seconded by Councillor Woo THAT the verbal report from the CAO regarding a litigation (or potential litigation) matter be received for information. CARRIED OTHER BUSINESS There were no items considered under this section of the Agenda. - 18 - 418 General Purpose and Administration Committee Minutes November 16, 2009 COMMUNICATIONS There were no items considered under this section of the Agenda. ADJOURNMENT Resolution #GPA-638-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 1:47 p.m. CARRIED MAYOR DEPUTY CLERK - 19 - 419 ~~ocmglOn Special General Purpose and Administration Committee Minutes November 20, 2009 Minutes of a special meeting of the General Purpose and Administration Committee held on Friday, November 20, 2009 at 9:00 a.m. at the Newcastle & District Recreation Centre. 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 Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Communication & Marketing, J. Cooke attended until 11:15a.m. Executive Assistant to the Mayor, L. Coutu Director of Planning Services, D. Crome attended until 1 :30 p.m. Director of Library Services, E. Hopkins Deputy Treasurer, L. Gordon Administrative Assistant to the Director of Finance/Treasurer, H. Lynch Director of Corporate Services/Human Resources, M. Marano Executive Assistant to the CAO, J. Pascoe Operations Coordinator, K. Rand Director of Finance/Treasurer, N. Taylor Municipal Clerk, P. Barrie Mayor Abernethy chaired the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. 420 Special General Purpose and Administration Committee Minutes November 20, 2009 Mayor Abernethy advised that the purpose of the special meeting is to receive a preliminary report from the Director of Finance/Treasurer with respect to the 2010 budget. Nancy Taylor, Director of Finance/Treasurer provided a verbal report, supported by a PowerPoint presentation on the 2010 budget, highlighting the following areas: . Fiscal/Economic Update . BMA Statistics . Reserve and Reserve Fund Update Resolution #GPA-639-09 Moved by Councillor Foster, seconded by Councillor Robinson THAT Committee recess for 10 minutes. CARRIED The meeting reconvened at 11 :17 a.m. The Director of Finance/Treasurer continued her verbal report, highlighting the following: . Development Charges Update . Long Term Debt Update Resolution #GPA-640-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Committee recess for 20 minutes. CARRIED The meeting reconvened at 12:45 p.m. The Director of Finance/Treasurer continued her verbal report, highlighting the following: · 2010 Assessment Update · Update on Items in Report CAO-004-09 Applicable to 2010 · Preliminary Capital Outlook . Historical Trends · Overall 2010 Outlook · Where Do We Go From Here? - 2 - 421 Special General Purpose and Administration Committee Minutes November 20, 2009 The Mayor and members of Council thanked the Treasurer and the department heads for their work to date on the budget. Councillor Trim chaired this portion of the meeting. Resolution #GPA-641-09 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the resolution tabled to this meeting by Council on March 2, 2009 (Resolution #C-126-09) be lifted from the table. CARRIED Resolution #GPA-642-09 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the residents of the Municipality of Clarington will be adversely affected by the unusually severe economic climate, and there is an opportunity for Council to recognize the hardship experienced by Clarington taxpayers; NOW HEREBY BE IT RESOLVED THAT the Mayor of the Municipality of Clarington advises that the 3% salary increase approved through by-law 2008-020 as the normal wage increase applicable to the 2009 Mayor's salary will be returned to the Municipality as a payroll deduction or direct re-payment; THAT the associated 3% increase in monthly mileage allowance paid through payroll will also be returned to the Municipality in the same manner; THAT the overall salary established as appropriate for the position remain as approved in by-law 2008-020, with the payroll deduction reflecting as a revenue to the Municipality so as not to affect comparison with other Area Municipality rates; and THAT the Municipal Councillors be encouraged to consider the same donation of the 3% salary increase and 3% mileage allowance increase by returning the increase to be recognized as a revenue to the Municipality of Clarington for 2009. MOTION LOST Mayor Abernethy resumed 'the Chair. - 3 - 422 Special General Purpose and Administration Committee Minutes November 20, 2009 ADJOURNMENT Resolution #GPA-643-09 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting adjourn at 2:24 p.m. CARRIED MAYOR MUNICIPAL CLERK - 4 - 423 DRAFT LIST OF DELEGATIONS GPA Meeting: December 7, 2009 (a) Frank Lockhart, Regarding Clarington & Valleys 2000 Lease Extension (b) Richard Ward, Regarding Implications Resulting from Compliance Audit of John Mutton (c) Valentine Lovekin, Regarding Newcastle Recycling Ltd. (d) Gerry Mahoney, Regarding Property Value Protection Program (e) Kelvin Whalen, Regarding Report PSD-117-09, Tim Horton's Location 601 (1{in., l:I1V., F!1-'. ,.." JD.".rf-EhE"'..,. tulillJilf..!w € vll Leading tile Way a./ . CORPORATION OF THE Public Meeting MUNICIPALITY OF CLARINGTON Report # PSD-113-09 NOTICE OF PUBLIC MEETING AND Ontario Power Generation Inc. SUBMISSION OF A COMPLETE APPLICATION DEVELOPMENT APPLICATIONS BY: ONTARIO POWER GENERATION INC. AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW The Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment, and a proposed Zoning By-law Amendment, under Sections 17 and 34 respectively of the Planning Act, 1990, as amended. ' APPLICATION DETAILS The proposed Official Plan and Zoning By-law amendments submitted by Ontario Power Generation Inc. (OPG) would permit a financial office and visitors centre. The financial office would be located in a proposed office building intended to house staff and operations. The visitor's centre is intended to inform and educate the public of OPG's operations within a stand alone building. TAKE NOTICE that the Corporation of the Municipality of Clarington has deemed the above noted applications complete. The subject property is located within Part Lot 26, Concession Broken Front, Former Township of Darlington, 41 Osborne Road, Courtice as shown on reverse. Planning File Nos.: COPA 2009-0003 AND ZBA 2009-0014 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, December 7,2009 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Admi!:listration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday Decem.ber 14, 2009, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, December 9, 2009 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. (during July and August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Meaghan Harrington at (905) 623-3379 or bye-mail atmharrinqton@c1arinqton.net. APPEAL If a person or public body does not make oral submissions at this public meeting or make written submission to the Municipality of Clarington before the proposed Official Plan Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. e Municipality of Clarington this ~day of rJa.~[-'U'A_', 2009. OavicF rome, MCIP, RPP Director of Planning Services Municipality of Clarington 40 Temperance Street BowmanvilJe, Ontario L 1 C 3A6 -~ ,,- -~~,st]""'n1"'h'''n...,.~.....~~__ "'--...--~- &....... .,...-.._~",.....u"...................___.. ___...c. 701 cc LDO Records HIGHWAY 401 RAILWAY SOUTH . SERVICE ROAD 41 OSBORNE ROAD -...,J o I\) '" '" N property Location Map (Courtice) Lake 'ontario ZBA 2009-0014 Zoning By-law Amendment . . COPA 2009-0003 Clarington Official Plan Amendment'. tv & Owner: Ontario Power Generating Inc. Cl~-!lJgtnn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday December 7, 2009 Report #: PSD-113-09 File #: COPA 2009-0003 & ZBA 2009-0014 OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT A FINANCIAL OFFICE AND VISITORS' CENTRE APPLICANT: ONTARIO POWER GENERATION INC. By-law #: Subject: RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-113-09 be received; 2. Provided that there are no significant objections raised at the public meeting: a) THAT Official Plan Amendment #69 as contained in Attachment 2 be ADOPTED and that the necessary By-law be PASSED; b) THAT the application for a Zoning By-law Amendment submitted by Ontario Power Generation Inc. as contained in Attachment 2 be APPROVED;. 3. THAT the Durham Region Planning Department and Municipal Property Assessment Corporation be FORWARDED a copy of this report and Council's decision; and 4. 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: O~ ~ Franklin Wu, Chief Administrative Officer MH/CP/DJC/sn/df December 1, 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-113-09 PAGE 2 1.0 APPLICATION DETAILS 1.2 Agent: Ontario Power Generation Inc. (OPG) Sernas and Associates Ltd. 1 .1 Owner: 1.3 Official Plan Amendment: To amend Map A of the Clarington Energy Business Park Secondary Plan by deleting the Light Industrial 1 designation and replacing it with the Prestige Employment Corridor designation permit a financial office and visitor's centre. 1.4 Rezoning: To change the zoning from "Holding - Energy Park Light Industrial ((H) ML 1)" to an appropriate zone to permit the proposed development. 1.5 Area: 24.91 hectares (61.55 acres) 1.6 Location: The subject lands are located at 41 Osborne Road within the Clarington Energy Park, south of Highway 401 and South Service Road (Attachment 1 ). 2.0 BACKGROUND 2.1 On October 15, 2009, Ontario Power Generation Inc. submitted applications to amend the Official Plan and Zoning By-law 84-63. The amendments are to redesignate lands from the Light Industrial 1 designation to Prestige Employment Corridor, and to rezone from "Holding - Energy Park Light Industrial ((H)ML 1)" to "Holding - Energy Park Prestige ((H)M02)" to permit a financial office and visitor's centre. The applicant intends to develop the site with administrative office building(s) and facility building(s) related to the Darlington Nuclear Generating Station. The applications were deemed complete on October 29,2009. 2.2 On March 29, 2009 the subject lands were granted draft approval for plan of subdivision S-C-2008-0001. The draft plan permits an industrial subdivision containing three industrial blocks, and a block for the proposed Highway 407 interchange. The applicant is currently working towards fulfilling the conditions of draft approval and a draft subdivision agreement has been prepared. 2.3 A Planning Justification Report was submitted by Sernas Associates in support of the application to amend the Official Plan and Zoning By-law 84-63. The report is reviewed in section 9 of this report. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject site is currently vacant and was previously used for agriculture. The site slopes gently from north to south. 802 REPORT NO.: PSD-113-09 PAGE 3 3.2 The surrounding uses are as follows: North - Highway 401 and South Service Road South - Industrial - automobile recycling facility East - Agricultural/Public Utility West - VacanUlndustrial - automobile auction facility 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The application is consistent with the Employment Area policies of the 2005 Provincial Policy Statement (PPS). Planning authorities are required to promote economic development and competitiveness by: . providing for an appropriate mix and range of employment (including industrial, commercial and institutional uses) to meet long-term needs; . providing opportunities for a diversified economic base, including maintaining a range and choices of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; . planning for, protecting and preserving employment areas for current and future uses; and . ensuring the necessary infrastructure is provided to support current and projected needs. 4.2 Provincial Growth Plan The Provincial Growth Plan stresses the importance of ensuring an adequate supply of land for a variety of appropriate employment uses. Municipalities are encouraged to designate and preserve lands within settlement areas in the vicinity of existing major highway interchanges, for manufacturing, warehousing, and associated retail, office and ancillary facilities, where appropriate. In planning lands for employment, municipalities will facilitate the development of transit-supportive, compact built form and minimize surface parking. Greenfield areas are required to achieve a minimum density target not less than 50 residents and jobs combined per hectare. They are to be planned, and designed in a manner that: . contributes to creating complete communities; . creates street configurations, densities, and an urban form that supports walking, cycling, and the early integration and sustained viability of transit services; . provides a diverse mix of land uses, including residential and employment uses, to support vibrant neighbourhoods; and . creates high quality public open spaces with site design and urban design standards that support opportunities for transit, walking and cycling. 803 REPORT NO.: PSO-113-09 PAGE 4 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reqional Official Plan The lands are designated as Employment Area within the Durham Regional Official Plan. Lands designated as Employment Area permit the development of Business Parks comprising of corporate offices oriented to and serving the business community, research and development facilities and light industries. The proposed uses appear to conform to the Plan. 5.2 Clarinqton Official Plan The subject lands are designated as Business Park in the Clarington Official Plan. The Clarington Energy Business Park Secondary Plan, designates the lands Prestige Employment Corridor and Light Industrial 1. The proposed "Energy Drive" is designated as a Type 'C' Arterial. The remaining streets will be developed as Local Roads. Both the Prestige Employment Corridor and Light Industrial 1 designations allow the development of business offices. However, the Light Industrial 1 designation does not permit the financial office or visitor's centre uses. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63 as amended, the lands are zoned "Holding - Energy Park Prestige ((H) M02)" and "Holding - Energy Park Light Industrial ((H) ML 1)". A Zoning By-law amendment to remove the Holding symbol will be required at a later date in order for development to proceed. The "Holding - Energy Park Light Industrial ((H) ML 1) zone would not permit the proposed financial office. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site and Public Meeting signs were installed on the property. No inquiries on the application were received at the time of writing this report. 8.0 AGENCY COMMENTS 8.1 A proposed plan of subdivision that includes the lands subject of this application was approved in the spring of this year following a complete review process. Since the principle of the use was previously established, the current applications were only circulated to the Region of Durham Planning Department for comment. 8.2 Comments were received from Durham Regional Planning Department on November 27, 2009, which stated that the application to amend the Official Plan is considered to have no significant Regional or Provincial concerns, and that the application is exempt from Regional approval. 804 REPORT NO.: PSD-113-09 PAGE 5 9.0 STAFF COMMENTS 9.1 OPG is planning to construct a 22,296 m2 (240,000 ft2) office building and a separate visitor's centre. The office building will house a number of OPG staff and operations, with a potential financial office occupying a portion of the first floor. The visitor's centre is also being proposed to inform and educate the public of OPG's operations and will occupy a stand-alone building on the site. 9.2 The Planning Justification Report submitted in support of the applications suggests that while the "Prestige Employment Corridor" designation does not specifically identify financial offices as a stand-alone use, "business offjce" uses are permitted. This interpretation is supported by the Zoning by-law which allows financial offices as-of-right within the complementary "Energy Park Prestige (M02)" zone. 9.3 The "Energy Park Prestige (M02)" zone allows for a "financial office without a drive- through facility". This zone also allows for a wide variety of uses including an "Energy Industry" use. Within the "M02" zone, "Energy Industry" is defined as an establishment where its main focus is on the "demonstration of energy products and services" and/or the development and commercialization of those same products. As previously noted, the main focus of the proposed visitor's centre building is to inform and educate the public of Ontario Power Generation's operations. It may also be used as an educational facility. The use is a permitted within the "M02" zone. 9.4 The proposed Zoning By-law amendment will also eliminate potential conflicts with section 3.14 within Zoning By-law 84-63, which states that "where a lot is divided into more than one zone, the zone boundary shall be interpreted to be a lot line". As the zone boundary bisects the property in the vicinity of where the future office building is planned, the rezoning would remove potential problems in the future when establishing the placement of buildings and uses on the subject lands through the site plan approval process. 9.5 The application is considered to be consistent with the intent and policies of the Energy Business Park Secondary Plan. No enquiries have been received with respect to the subject application, as a result of the public notice. In addition, all taxes have been paid on the subject property. 10.0 CONCLUSIONS 10.1 In consideration of the comments contained in the report, staff recommends that the application for Official Plan Amendment and Zoning By-law Amendment as contained in Attachments NO.2 and 3 respectively be approved. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Official Plan Amendment Attachment 3 - Proposed Zoning By-law Amendment 805 REPORT NO.: PSD-113-09 PAGE 6 List of interested parties to be advised of Council's decision: Bill Collie, Ontario Power Generation Inc. Dayna Gilbert, Sernas Associates 806 HIGHWAY 401 o ~ ~ I I I I C...q~ ~o...: ~III 111'1 r, IO~ ~( 'J1k"z;; ,<, :.q).-- //;/' // 100 Osboumll ROIId Courn.:.Water Pol!u!ionCoolroIP\aIl! Property Location Map (Courtice) HIGHWAY 401 SOUTH SERVICE ROAD b 0<: o ~ 0<: Z ::; o (j) 41 Lake Ontario ZBA 2009-0014 Zoning By-law Amendment 71 COPA 2009-0003 Clarington Official Plan Amendment 81 175 -; o :::0 CD "'0 o ::1.) "U~ enD or I = .....= w~ I _ 0- <0- It) It) N tv ~ Owner: Ontario Power Generating Inc. OSBORNE ROAD PURPOSE: LOCA TION: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: Attachment 2 To Report PSD-'113-09 AMENDMENT NO. 69 TO THE CLARINGTON OFFICIAL PLAN The purpose of this amendment to the Municipality of Clarington Official Plan is to redesignate the subject lands from Light Industrial 1 designation to Prestige Employment Corridor designation to permit a financial office as accessory to an office building and a visitor's centre The subject site is located in the Clarington Energy Business Park Secondary Plan lands, located at 41 Osborne Road, south of Highway 401 and South Service Road (Legally described as Part of Lot 26, Broken Front Concession, former Township of Darlington, now in the Municipality of Clarington). The amendment is based on the policies of the Clarington Energy Business Park Secondary Plan and an application to permit the proposal of Ontario Power Generation to develop the lands with a financial office as accessory to an office building and a visitor's centre. The Municipality of Clarington Official Plan is hereby amended by amending Map A - Land use and Primary Roads as shown on the attached Exhibit "A" The policies in the Municipality of Clarington Official Plan regarding implementation shall apply to this amendment. The policies in the Municipality of Clarington Official Plan regarding interpretation, shall apply to this amendment. 808 ~~~ JL Change From "Light Industrial 1" To "Prestige Employment Corridor" t ~ Light Industrial 2 ~ Open Space ~ Environmental Protection Area * Proposed Storm Water Pond MAPA LAND USE AND PRIMARY ROADS CLARINGTON ENERGY BUSINESS PARK SECONDARY PLAN _. _. _ Clarington Energy Business Park Area Boundary ~ Prestige Employment Node ~ Prestige Employment Corridor ~ Light Industrial 1 JANUARY 2, 2007 THIS CONSOLIDATION IS PRQVlOED FOR CONVENIENCE ONLY ANO REPRESENTS REQUESTED UODIFICATIONS AND APPROVALS OJ o ill m >< ~ C" ;::;: 3:~ 0) ~ 1:J )> )>3 ~ CD Q&, ~ 3 -. CD ~ ~ ca- o z ~ 0 mO') ~ to CD ""'l -t CO 0 '< -t m~ c: CD tJl 3: ~ c: m ~ tJl 0 "tJ -0' 0) 0) ""'l - ,,;::;: cn'< CD 0 o - o (') ~ - a. 0) 0) :!. ~CE "tJ- _0 0) ~ ~ 0 3! o 0)' "tJ 0) ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to adopt Amendment No. 69 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to redesignate lands from the 'Light Industrial l' designation to 'Prestige Employment Corridor' to permit a financial office and visitor's centre: NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 69 to the Clarington Official Plan being the attached Explanatory Text and Map is hereby adopted; and 2. This By-law shall come into force and take effect on the date of the passing hereof. 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 810 Attachment 3 To Report PSD-113-09 THE CORPORATION 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 former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA2009-0014; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1A" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Energy Park Light Industrial ((H) ML 1)" to "Holding - Energy Park Prestige ((H) M02)" as illustrated on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of the By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. 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 811 This is Schedule "A" to By-law 2009- passed this day of ,2009 A.D. HIGHWAY 401 ........,........ ............ ... , . . . . . . . , . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . ......................................... tv ~ ~ Zoning Change From "(H)ML 1" To "(H)M02" l22a Zoning To Remain "(H)M02" k::}}1 Zoning To Remain "(H)ML 1" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk // \ I i [c I ~. COURTlCE ~ tv ~ ----------- " ZBA 2009-0014 812 CllJlhmgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, December 7,2009 Report #: PSD-114-09 File No's: A 2009-0044, A 2009-0045 & A 2009-0046 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 19, 2009. RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-114-09 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on November 19, 2009 for applications A 2009-0044, A 2009-0045 and A 2009-0046 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David . rome, MCIP, RPP Director of Planning Services Reviewed by: 0 ~-:s ~ Franklin Wu, Chief Administrative Officer MK/CP/av/sn November 24, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 813 REPORT NO.: PSD-114-09 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 November 19, 2009 A lication Number A 2009-0044 A 2009-0045 A 2009-0046 Staff Recommendation A rove A rove with Conditions A rove with Conditions Decision of Committee A roved A roved with Conditions A roved with Conditions 1.2 Application A 2009-0045 was filed to permit an existing attached deck (unenclosed) by reducing the minimum required westerly side yard setback from 1.2 metres to 0.9 metres. A letter was submitted by a nearby resident who had concerns with the height of the existing deck, as the applicant has view over the fence into their yard thereby removing all privacy. The Committee agreed with Staff's comments, which stated that the height of the deck is in conformity to the Zoning By-law regulations, and a reduction of side yard setback from 1.2 metres to 0.9 metres will not significantly increase the applicant's ability to view into the neighbour's yard than if the deck was built at a 1.2 metre side yard setback. In addition, consideration was had for the fact that only a small portion of the deck was encroaching into the required side yard, due to the irregular shaped lot which tapered inward from the front yard to the rear yard. The Committee concurred with Staff's recommendation, and approved the application with the following condition: 1) That at their own. expense, the owner is responsible for the removal of the existing deck and any reconstruction if it is required to achieve certification of the lot grading; and 2) That the proposed stairs maintain a minimum 6.0 metre setback to the rear yard and a 0.9 metre setback to the westerly side yard. 814 REPORT NO.: PSD-114-09 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A 2009-0044, A 2009-0045 and A 2009-0046 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 A 2009-0044, A 2009-0045 and A 2009-0046 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 (November 19, 2009) 815 CllJl-illgtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BRIAN VALIN BRIAN VALIN PROPERTY LOCATION: 4697 CONCESSION RD 5, CLARKE PART LOT 5, CONCESSION 4 FORMER TOWNSHIP OF CLARKE A2009-0044 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 210 METRES FROM THE LIVESTOCK BUILDING AT 4667 CONCESSION ROAD 5. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE REDUCTION IN MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 210 METRES FROM THE LIVESTOCK BUILDING AT 4667 CONCESSION ROAD 5, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: November 19, 2009 LAST DAY OF APPEAL: December 9,2009 816 Cl~-illgtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 2075568 ONTARIO INC 2075568 ONTARIO INC. PROPERTY LOCATION: 4 MILL LANE, BOWMANVILLE PART LOT 17, CONCESSION 6 FORMER TOWN OF BOWMANVILLE A2009-0045 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN EXISTING ATTACHED DECK (UNENCLOSED) BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.9 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN EXISTING ATTACHED DECK (UNENCLOSED), BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.9 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THAT AT THEIR OWN EXPENSE THE OWNER IS RESPONSIBLE FOR THE REMOVAL OF THE EXISTING DECK AND ANY RECONSTRUCTION IF IT IS REQUIRED TO ACHIEVE CERTIFICATION OF THE LOT GRADING; AND 2) THAT THE PROPOSED STAIRS MAINTAIN A MINIMUM 6.0 METRE SETBACK TO THE REAR YARD AND A 0.9 METRE SETBACK TO THE WESTERLY SIDE YARD, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: November 19, 2009 LAST DAY OF APPEAL: December 9,2009 817 Cl~-illgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: CASSIDY & CO. FANDOR HOMES PROPERTY LOCATION: 111 BUTTONSHAW STREET, BOWMANVILLE PART LOT 124, CONCESSION 1 FORMER TOWN OF BOWMANVILLE A2009-0046 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE REDUCTION IN THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 6 METRES, SUBJECT TO THE FOLLOWING CONDITION: 1) THAT ANY PROJECTION INTO THE REQUIRED REAR YARD WILL CONTINUE TO BE FROM THE 7.5 METRE SETBACK REQUIREMENT, SAVE AND EXCEPT FOR A CHIMNEY BREAST WALL, 2 METRES WIDE, HAVING A PROJECTION OF NO MORE THAN 0.5 METRES INTO THE REAR YARD, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: November 19, 2009 LAST DAY OF APPEAL: December 9,2009 818 Cl~mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday December 7, 2009 Report #: PSD-115-09 File #: ZBA 2009-0015 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING 163-177 AVONDALE DRIVE, COURTICE APPLICANT: 812723 ONTARIO INC. RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-115-09 be received; 2. THAT the application submitted by 812723 Ontario Inc. to remove the "Holding (H)" symbol be APPROVED; 3. THAT the attached By-law to remove the "Holding (H)" symbol be PASSED and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. ~ Submitted by: ;j Davl J. Crome, MCIP, RPP Director of Planning Services \ Reviewed by: L)fz~L( -=-- .e~0~ Franklin Wu Chief Administrative Officer A TS/CP/sn/df 1 December 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830 819 REPORT NO.: PSD-115-09 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 812723 Ontario I nc.. 1.2 Location: 163-177 Avondale Drive, Courtice Parts 1 to 12, Plan 40R-26005 Part of Lot 29, Concession 2, former Township of Darlington (Attachment 1) 1.3 Rezoning: Removal of "Holding (H)" symbol from "Holding - Urban Residential Type One ((H)R1)" 2.0 BACKGROUND 2.1 The lands identified on Attachment 1 are also subject to concurrent land division applications to create three (3) new residential lots for a total of six semi-detached or link dwelling units. The subject Land Division applications LD141-143/2008 were approved on November 10, 2008 with conditions relating to entrance and servicing work, lot grading, engineering deposits, cash-in-Iieu of parkland and other standard conditions relating to lot creation, including the requirement to enter into a development agreement. 2.2 The Holding (H) symbol is a provision enabled by the Official Plan and Zoning By-law to ensure that certain obligations have been considered prior to development and redevelopment, such as: servicing, access, protection of natural areas, measures to mitigate the impact of development, submission of required studies, execution of agreements and any other requirements as may be deemed necessary by Council including the implementation of the policies of the plan. 2.3 The subject lands are zoned "Holding - Urban Residential Type One ((H)R1)". As outlined in paragraph 2.2, Council must be satisfied that the provisions of the Official Plan and Zoning By-law are met prior to removing the Holding symbol. No building permits can be considered until the Holding symbol is removed. 3.0 COMMENTS 3.1 The subject lands are located within the Courtice urban area. The creation of the lots represents infilling on full municipal services and conforms to provincial policies, the Region of Durham Official Plan and the Municipality of Clarington Official Plan. 3.2 The semi-detached/link lots satisfy the Urban Residential Type One (R1) Zone as they exceed the minimum lot frontage requirement of 18.0 metres and the minimum lot area requirement of 550 square metres. 820 REPORT NO.: PSD-115-09 PAGE 3 3.3 The owner has entered into a development agreement with the Municipality of Clarington to ensure all planning and engineering requirements are fulfilled. The Municipality of Clarington provided clearance on the Land Division applications on November _19, 2009. The approval of a by-law to remove the holding symbol from the lands subject to LD141/2008, LD142/2008 and LD143/2008, being referred to as 173- 177 Avondale Drive, is appropriate at this time as the provisions within the Municipality's Official Plan and Zoning By-law have been satisfied. 3.4 The Finance Department has indicated that there are taxes owing on a portion of the subject property, however, it is a matter of apportionment due to other related severance activity. This issue is being resolved by the Municipality of Clarington, the Municipal Property Assessment Corporation and all affected property owners. 4.0 RECOMMENDATION 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol as shown on the attached by-law and schedule (Attachment 2) is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: 812723 Ontario Inc. Glen Genge, D.G. Biddle & Associates Ltd. 821 n .f. p,,~;~.,. . .'\.. . f~i.A,'\i :2: I,J ::: bl ~n <: ~.L: ~:.~~, .i~ r ~... : .~ "iN 20.59"_ ~ '. 1- .v.)06 (t. T) '~Ol~ .~ :).~;: 1 ---- PiN? ..fi!i9U..O "0 . ., (1 0.1) '&Ice "IN ')61: ... .J99-O.JO'1 (i.Tj is (.IlS) 01', ~-:. ::!.. (" ", g 0 ~ ,- . ~ ~ ~- t~ ~ t) ~~~ . "'i -lll N ~ ;E " ~~ ~ ill "- lt1 i% l- ''''c (iaT) ~ ~ ;O~ <5 OJ rl . ....~ ~ ,:JlN 2!J,li9 r.' ", ,J--O:507 ,", '1" h.,) r-- I') ~ ~ CL ~ i z ;Jrt\/ hr. " ~.).'if/9"03nt; ~.. PARr 1 "~,."'J~;- .~ 8 ,..: ;;;'" .:5 3 . PARr 2 ,[ ':;Al~ r M ~ ~ ~ 10 ,... '" z .---.--------, \ 5519(" ,,':~~9 112.11JO(.,. · lie...) \ (!I;;~~-c~ ":...\r., .;.n" . AS IN 1N~r'O AN f."'A.Si..: 1':O!li ~iJ;;;:;-; .~., ~/Q. Lr?i':?::~r ..... ..6')\JO . . :"'; /,,.,'..' ... ..,.~\.",.&,(,. ,~.. t_.c.Jl~, i\i 0026W---tI7.. ~"I',/ . ,I.. ~ ~ ~1 \/~)l . , , · \ 1'1 [) I.A .I ~.. t .', '\l..l:.. 15 tv A Property Location Map (Courtice) 0' '" It) :t' ", ZBA 2009-0015 Zoning By-law Amendment Owner: 812723 Ontario Inc. ---i o ::::0 (1) "U o ~): "U..... eni>> 00 I ::J ~3 ~(1) 01::J 6..... (0-' Attachment 2 To Report PSD-115-09 THE CORPORATION 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 former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend by-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement LD141/2008, LD142/2008 and LD143/2008; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Schedule "4E-Courtice" to By-law 84-63', as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R 1) Zone" to "Urban Residential Type One (R1) Zone". 2, Schedule "A" attached hereto shall form part of the By-law. 3, This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 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 823 This is Schedule "A" to By-law 2009- passed this day of , 2009 A.D. , 11/ fO..:.f?, ~" I ,- l ~ \ ~ : -+----J I ... ;----. (M) 1 :.i..o\.o\1 r~.l'':?T ;,: if. .~: I'IN 'J.'" '.~J'JfJ{J..O";f ~Ot) (L T) '~Oi? PA;~'r 12 PiN '}6r.. " ~'ln"OJO 8 (1.1) '::)0;':': : "" "iN 'J/j .. ,'599"0-' .,04 (I.TJ r~ .:;. '..... p 0 -,' ,- 'u :-t l'l I:) ,- rl: U \;j < '" n, <" t~ m "' <0 ,,' :z: u: "~I 01 g '" on '" '" l'l ',. 5: ~'f; ? '~I - " ,8", / ~~ lVef'JS' \ ;J ~.. (fI(rf.Jfr~O"E ("'.Pl .. ~ I t'I &t~) \lt~S) L f !f;~r 7 (SlJ3-N:.d, l~l.AI'i ,'~'_ AS iN iNS To A.N (~~"':-o:f.I AT, No. L. rr:,if!frleJ.ir VOnd "'O"j ale Drive U18(fIl I L I.-'Jp 02.sJo r.., .. - P,,~,~ t 'J . . &f(A:f) (.'iIJij,It,c" 1JLtv -'c' A~' TN iNfnTo AN t'AI.~.~?Oi~ . No. J.ri'7~50r::;'" tv ~ E:Z2I Zoning Change From "(H)R1" To "R1" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ZBA 2009.Q015 824 Cl~mgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December7,2009 Report #: PSD-116-09 File #: PLN 20.5 By-law #: Subject: AMENDMENT TO APPLICATION FEES BY-LAW PLANNING AND DEVELOPMENT APPLICATIONS RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-116-09 be received; and 2. THAT the attached By-law, detailing the specific amendments to By-law 96-032, being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington, as amended, be APPROVED. Submitted by: ~ David J. Crome, MCIP, RPP Director of Planning Services Reviewed by: F~ Chief Administrative Officer ~ BR/df December 2, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 825 REPORT NO.: PSD-116-09 PAGE 2 1.0 BACKGROUND 1.1 Section 69 of the Planning Act allows the Municipality to pass a By-law to set out the Fee Schedule for development applications to offset the "anticipated costs" to the Municipality for processing applications. The current Planning application fees collected do not fully recover the cost of processing applications when direct and indirect costs are considered including the cost of overhead, pre-consultation meetings and circulation of revised submissions. Periodically staff surveys other Municipalities in the Region of Durham, specifically the four lakeshore Municipalities west of Clarington - Pickering, Ajax, Whitby and Oshawa, to ensure that our fees are similar. 1.2 The current Fee By-law was last reviewed and amended by Council on December 8, 2008, coming into effect January 1, 2009. 1.3 The City of Oshawa has adopted a formula of increasing planning application fees annually by 3%. Therefore, 2010 fees will be the 2009 fees with a 3% increase. 1.4 The Town of Whitby, in conjunction with its consultant C.N. Watson, is presently undertaking a review of planning application fees with the intent of ensuring adequate cost recovery. Given this situation, the Town may be increasing certain fees sometime in 2010. The review is not complete and Whitby staff was unable to provide further details at this time. 1.5 The Town of Ajax, in conjunction with two consultants, C.N. Watson and Performance Concepts Consulting, in 2007 did a comprehensive review of planning application fees based on full cost recovery for planning staff time and other departmental costs. Consequently, an amending by-law was passed in 2008 that resulted in substantial "across the board" increases in planning application fees. Ajax staff advised there were no changes to the fees in 2009, nor will there be for 2010. Small increases, perhaps linked to the inflation index, are possible for 2011. 1.6 The City of Pickering, in conjunction with its consultant C.N. Watson, in 2005 did a comprehensive review of planning application fees to ensure adequate cost recovery. Consequently, an amending by-law was passed in late 2005, effective January 1, 2006, that led to a substantial fees increase "almost across the board". From 2007 to 2009 inclusive, there was no change in the above fees and no major change is anticipated for 2010. 1.7 Each Municipality upon finalizing the examination of their existing fees acknowledged an underlying principle that the recovery of municipal costs through application fees must be balanced. Application fees are not intended to become a significant disincentive for local residents to make a planning application. Some fees, like minor variances are highly subsidized. A chart comparing. application fees of the five (5) lakeshore municipalities is contained in Attachment 2. The Town of Whitby and the City of Pickering fees, as shown, are for 2009. The Town of Ajax and the City of Oshawa fees are for 2010. 826 REPORT NO.: PSD-116-09 2.0 REVISIONS TO FEES AND NEW FEES PAGE 3 2.1 General Increase in Fees The majority of the planning application fees are comparable with fees charged by the other lakefront municipalities, although considerably lower than some fees charged to the west and north of Toronto. Staff propose an increase of 3% across the board reflective of the staff salary increase, however a few specific fees are recommended a more substantial increase. In a few cases, a new fee is proposed where one was not previously collected. In addition, it is proposed to establish 2011 fees with a 3.25% increase, reflective of the staff salary increases. Staff may also undertake a more comprehensive review in 2011 if warranted. Attachment 2 details the existing and proposed fees as well as the comparable fee in the other four municipalities. 2.2 Neiqhbourhood Desiqn Plans Neighbourhood Design Plan Applications are large scale and often involve coordination with significant studies such as watershed or sub-watershed studies. They are also very detailed, considering servicing, transportation, natural features, density and design issues providing guidance for future plans of subdivision within the neighbourhood. An increase from $10,000 to $15,000 is proposed, to better reflect the amount of staff time in reviewing, negotiating, hosting an open house and drafting involved in such applications. 2.3 Official Plan Amendments Official Plan Amendments are proposed to be increased. The increase is reflective of additional time and effort stemming from changes to provincial legislation, such as Bill 51 changes to the Planning Act, the Greenbelt Plan and the Growth Plan. The fees are proposed to increase as follows: the major fee from $8,400 to $12,000 and the minor fee from $4,000 to $5,000. , . ' ,'.", ~jax I' , ' . Pickering , , : Whitby Oshawa Clarington . (201 Or . (2009) . (2009) (2010) (2009) Local Official Plan Amendment: -Major Complex: $34,809 -Minor Simple: $15,000 $8,000 Oak Ridges Moraine Premium - $500 Recirculation - $500 $8,000 $8,487 + $1,500 for (if associated with Major $8,000 Adopting By-law a Zoning By-law Minor $4,000 Amendment: $10,609) +$2,000 for Adoptina By-law 2.4 Part Lot Control The current fee of lifting part lot control is not as much as some other municipalities (see Attachment 2) and an increase from: $500 plus $25 per unit to a maximum of $5,000 to: $750 plus $50 per lot to a maximum of $8,000 is recommended. . . A' ^' , ".- ;' "', '/~jax" " ','.. 'Pickering ," .!.1:"'iWhitby ,'.Oshawa Clarlngton , ,; : ,(2010), :." . (2009) ~2009) (2010) (2009) Lift Part Lot Control $1,779 + $222/unit to a maximum of $5,000 $535 + $25/unit $175/unit $1,273 + cost of Registration of By- law but, includes extensions $500 + $25/unit to a maximum of $5,000 827 REPORT NO.: PSD-116-09 PAGE 4 2.5 Siqn By-law Fees In September Council adopted a new sign by-law to come into effect on January 1, 2010. The report dealing with the new Sign By-law did not address the matter of increasing fees. Generally the fees associated with sign permits, variances and amendments are considerably less than in some of the other municipalities. The recommended fees are: . Amendments to the sign by-law increased from $630 to $1,000, . Variances to the sign by-law increased from $52.50 to $500; . Temporary Sign Permits increased from $40 to $75; and . Permanent Signs permits increased from $40 to $150 per sign. Sign By-law: ~ Ajax Pickering (2009) ,Whitby Oshawa Clarington (2010) (2009) (2010) (2009) Amendment $2,000 n/a $2,000 n/a $630 Variance $1,000 Development, Ground $550 Residential -$464 $ 52.50 or Wall Sign -$500 All Others -$773 All Other Sians-$100 Sign Permit: PortablelTemporary $ 60 a range among different $100 $ 50 $40 types of signs-$50 to $100 Permanent $150 a range among different $ 50 $206 $40 types of signs-$150- $250 2.6 New Fees 2.6.1 Aggregate OPA Aggregate proposals can have large impacts in terms of the environment, including natural heritage and water table; road and traffic; natural vistas; and pollution impacts of various kinds whether it be noise, vibration or dust. Such applications usually require significant staff time reviewing of detailed technical documents addressing such issues. As a result, staff recommends the application fee should be greater than that of other local official plan amendment applications. Hence a $25,000 fee is proposed, for official plan amendments that establish a new aggregate pit or quarry. 2.6.2 Telecommunication Towers, Wind Turbines, Solar Installations and Farm-based Biogas Telecommuncation towers are regulated by the Federal Government and the local municipality has little control over where they are located. However, the Municipality is able to require site plan approval for Cell Tower uses. Site plan application fees typically have a cost per unit on top of a base fee. Applications for telecommunication towers do not have much in the way of buildings, therefore they should simply have a base fee that is more reflective of staff time in processing such applications. It is recommended the Municipality charge $5,000 for such site plan applications. A similar situation will arise for renewable energy projects where municipal comments are required through the new process under the Green Energy Act. Municipal comments are required for wind power with a capacity greater than 3 kW, wall or roof mounted solar installations greater than 10 kW and farm-based biogas and biomass 828 REPORT NO.: PSD-116-09 PAGE 5 combustion facilities. It is recommended that a similar fee be established for municipal comments. ""'~'''PPlicatloij'''.vpe" '4,~~,'F-:' ',;'Aj,i " ~: ~ickering ""'::~~:Whitby' '~:!t' ,Oshawa .-, '"Clarington ",' . "'~",..:_ ,L_""_,,.:;;~,';;',.:,:.....2(20,10) _".~, ,:~,(2009)" ,....I2009L."'~iL__,(2010)"" I Site Plan Approval for Telecommunication Towers · Regular Site Plan Fee $6,735 $4,500 · $3,500 · $3,713 · $3,025 * 2.6.3 OMB Professional Fees Council's 1989 policy through resolution is that where Council approves or recommends for approval a development application, the applicant shall bear the Municipality's legal costs and shall sign a letter of undertaking to the this effect or otherwise the Municipality reserves the right not to participate in the hearing. The Municipality's policy recognizes that in approving a development application, the applicant should be responsible for the costs of defending the applicant's proposal. The proposed change is that any consultant fees, if any, would be clearly identified as the responsibility of the applicant as well. The cost recovery would not extend to staff time. The application forms would be revised to include a cost acknowledgement that makes the applicant aware of this policy and must be signed at the time of the submission of the application. The fee by-law is amended to contain wording to that effect. 3.0 CONCLUSION 3.1 It is respectfully recommended that By-law 96-032, as amended, be further amended as contained in the By-law Amendment attached hereto, being Attachment 1. Attachments: Attachment 1 - By-law Amendment Attachment 2 - Comparison Chart and Staff Recommended Changes to the Fee By-law Interested parties to be notified of Council's decision: BILD Durham 829 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2009- Attachment 1 ,. 0 Report PSD-116-09 being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032. as amended WHEREAS Section 69(1) of the Planning Act, R,S.O. 1990, C.P13, provides that By- laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of applications made in respect of planning matters; WHEREAS Section 391(1) of the Municipal Act provides for municipalities to impose fees or charges for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems' it necessary to amend by-law 96-032 to meet the anticipated cost to the Municipality in respect of the processing of each type of application provided for in the Schedule of Fees; NOW THEREFORE BE IT ENACTED that the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Schedule "B" to By-law 2006-218, as amended, is hereby further amended by deleting said Schedule "B" and replacing it with Schedule "B" attached hereto. 2. THAT the fee schedules attached hereto and forming part of this By-law shall apply for the specified documents, services, applications and inspections commencing January 1, 2010 and January 1, 2011, 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 830 SCNEDULE "B" TO BY-LAW 2009- FEES PRESCRIBED 8Y THE DIRECTOR OF PLANNING SERVICES The eflegive date for the followin fees ig January i, 2010 Official Plan Amendment MtnorA lication ' E5,000 Ma or A licafion note f $12 000 ate i or ua Ado lion of Amendment $2 OBO R Tonal ORcial Plan Amendment Review $1 238 ROPA Review not rt of a local OPA $2 060 Nei hbourhoad Desi n Plan $15000 Nei hbourhood Desi n Plan Amendment $3,090+ Fagl' Rental 2onin 8 -Law Amendment Ma'or note3 $5,150 Minor $2,060 Removal of Holdin S mbol $2 060 Removal of Environmental Holding Symbol (ZAnln B -law 2005109) $489 Draft Plan of Subdivision Residential N $10,300+$258Nnit $52 for artment Unit on-Residential E5,1 W Pre arefion of Subdivision A reement note 5 $3,000 Amendment to Subdivision A reement note 5 $618 Plans fora royal and no a reement $027 Red Line Revisions to Drefl Approved Plan of Subdivision Ma'or- $7,725 lus $258 addtional er unit $52 era artment Minor-$2,080 lua $258 additional runi[ $52 era artment Ma or Revlafona to Subdivision A Ilcagons Not DreftA roved i Where a ication filed rtor to Jul 1.2000 $10,300 lus $258 er unit $52 r a rtment unit ii Where a lication filed between Jul 1, 2000 to Dec: 31, 2006 iii W ~ $5 150 lus $258 r unit $52 era artment unit here a lication filed after December 31, 2006 E5150 Subdivision Clearance $2 0~ - Extension of Dreft Plan royal $2 O80 - Dre@ Plan of Condominium Residential and Non Residential A $5,150 + $26Nnit lication tar Condominium Conversion $5,150+ $28lunit Condominium reement note S $3,000 CondominiumA reement Amendment notes $gig CoMominium Clearence 31 r~45 Part!-ot Control $750+E50/unit maximum $8,000 Site Plan A royal Telecammunication Towers $5,000 Residential Uaea $3,090+$200lunfl Commercial Uses $3,090+ $28/100m2 commercial roes floor area Mixed Use Building E3,090 +$28H OOm2 cammerdal gross floor area +$52lresidential Industrial/Other Uses Pl unfl maximum E15,450 $1,250+$10/100m2 roes floor area maximum $7,725 ans fora ravel onl no a reement $027 Amendment-Residential Uses $618+$28lunfl maximum E5 150 Amendment-Commercial Uses , $1,545 +28f100m2 commercial rasa floorarea maximum $15,450 Amendment-Mbced Use - $1,545+E26l100m2 wmmerciai gross floor area+E26heaidenfial Amendment-IrWustrta0Oiher Uses Mi Sit P unit maximum $15,450 $618 +$10/100m2 rose floorarea maximum $8,180 nor e IaNOak Ri es Moraine note 2 $516 Salsa Trailer /Model Home $1 030 A reement and A reement Amendment note 5 0381 Lan scope Inspegion Fee for projegs with greater than 2500 sq.m. of Boor area, ar 25 units or realer 0.5°k of the landscape cost estimate with a minimum of $1,000 Committee of Ad'uatment Minor Vartance note 4 E438 Tablin Fee a icaM inflicted R i $103 e-c rculation Fee a licant inflicted $103 Si n Permit Permanent T $150 em ore E75 sin -law Amendment $1 000 Variance $500 A rbnent in House ~ $53 a lication, E53 final certificate Clearance Letter Zonin $108 Subdivision E108 Miscellaneous $108 Develo menf/Servlel A reement nofeS 5361 Lantl Division Review Fee Dave o m rit A $294 e reement note 5 Applicant shall be responsible for the Munidpality's full costa of Peer Review u ntlertakin a Peer Review Comments on a Ilca0ons under the Green Ene Act $g ggg SCHEDULE "B" TO BY-LAW 2009- FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES The effective date for the followin fees is Janus 1, 2010 Street Name Chan a Request $1,545 ApplicatOn Requiring An Opan House or Additional Public Meeting (additional fee for each subsequent public meeting) ' $1,030 + Facility Rental Applicatlon Requiring Additional Public Meeting (additional fee for each subsequent public meeting where notice is provided through the local newspaper) $1,545 +Facility Rental Ontario Municipal Board Related Atlminiatredon Fee See Note 8 Plannin A licatlone -Other Loeal Munfci alifies Official Pian Amendment $1,240 Rnonin A licatlon $2,060 Orak Plan of Subdivision $2,pgg Application Involving Review Under EPA and/or EAA Process (additional fee) $12,000 Publieatlons Ma -Small $q gg -Medium $8,77 -La a $13.16 ' Aerial Photo rah Colour $4.39 Official Plan Colour Ma $2 83 Clarin ton O(firaal Plan $70.75 Clarin ton Zonin B law $70.75 Clarin ton Street Name Index $q2,q$ Studies -Under 40 a es - $12.00 -40 to 100 es $2q,Op - 100 to 200 a es $gp,Op - over 200 a es $gp,gg - CD $15.D0 No[e f The following are criteria for determining what constitutes a Major Official Plan Amendment application: • New golf courses or expansion to existing golf courses; • New waste facility or expansion to existing waste facility; • Expansion to urban boundary ar re-designation of Future Urban Residential lands; • Hamlet expansion where a settlement capadty study is required; Commercial Development greater than 2,500 m'; • Deletion or addition of arterial or collector road; and/or • Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemetl to be major by the Director of Planning Services. , Note 2 The following are criteria for determining what censtitutes a Minor Site Plan application: • A resitlenfial or agricultural site plan in the Oak Ridges Moraine as requiretl by the Official Plan and Zoning By-law 2005-109; • A tlog kennel, agdcuburei tourism use, and similary-scaled uses; and/or • A minor alteration to an existing site plan to revise parking, add a pa0o, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are crheria for determining what censt8utes a major Zoning By-law Amendment application: • Associated wiN an Official Plan Amendment; • Associaletl with an application for proposed Plan of Subdivision; • Application involving multiple properties; and/or • Any application that requires the review of technical support documents or studies (e.g. ernironmental analyses, trensportafion studies, retail market studies) Note 4 Minor Variance applications for the cansirudion or placamenl of an accessibility device to provide access to esingle-detached/ link or townhouse dwelling is exempt from the tee. An "accessibility tlevice" is defined as a device including a ramp that aids persons with physical tlisabilities in gaining access to a dwelling unit. Note 5 The applicant is required to reimburse the Municpaliy for its legal costs associated w8h preparing the agreement. Note 8 The following are criteria for determining what wnstitutes a minor application for red-line revision to Drag Approval: • Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered chartable organization or for a registered non-profit housing organization will be reducatl by 50%. ~/ofe 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall inclutle all fees associated vnih supporting an appficent at a hearing where the application was approved by Municpal Council incuding Municipal legal tees end~wnsultanNvitness fees where required, but exGuding the costs of the Planning Departrnent staff. These additional tees shall be collected through the process set out in a cost acknowledgement agreement which must be signed and submitted as part of the Planning Act Applicafions. SCHEDULE "B" TO BY-LAW 2009- FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES The effeGive date for the followin fees is Janus 1, 2011 Official Plan Amendment Minor A IicaBon $5,163 . Ma'orA liption notes $12,390 A re ate Pit or Quer $25,813 Ado Bon of Amendment $2,127 R Tonal Offidal Plan Amendment Review $1,276 ROPA Review not art of a local OPA Nei hbourhood Desl n Plan Nei htrourhood Desi nPlan Amendment $2,127 $15,488 $3,190+Facili Rental Zonin B •Law Amendment Ma'or note3 $5.317 Minor $2,127 Removal of Holden S mbol $2,127 Removal of Environmental Holding Symbol Zonin B -lave 2005-109 $505 Drek Plan of Subdivision Residential $10,635+$286lunit $54 fora artment unit Non-Residential $5,317 Pre oration of Subdivision A reement note S $3,098 Amentlment to Subd'rvisicn A regiment note 5 5838 Plans tar a royal on no a regimen[ $957 Ma'or - $7.978 lira $288 additional er unfl 554 era artment Red Line Revisions to Draft Approved Plan of Subdivision Minor- 52.127 lira $288 additional er unit $54 era artment Ma'or Revisions to Subdivision A Ilcatlons Nat Drek roved i Where a icetion filed rior to Jul 1, 2000 ii Where a lication filed between Jul 1, 2000 to Dec. 31, 2006 510.635 lira $268 er unit $54 r a rtmeM unit $5 317 lira $288 r unit $54 era artment unB iii Where a lication filed after December 31, 2006 $5,317 Subdivision Cleaance $2,127 Extension of Draft Plen A royal $2,127 Drek Plan of Condominium Residential and Non Residential $5,317+$27funB A lication for Condominium Conversion $5,317+ $27/unfl Condominium A regiment note 5 $3,098 Condominium reementAmendment. notes $838 Condominium Clearance Part Lot Control Site Plan ravN $1,595 E774+$52/unit maximum $8,2800 Telecommunication Towers Residential Uses Commercial Uses $5,160 $3.190+$2077und $3,190+$27l700m2 commerdal ross floor area Mired Use Building 53,19D + $27/100m2 commercial gross floor area + $54lresidenflal unit maximum $15,952 IndustdallOther Uses $1,291 + $101100m2 ross floor area maximum $7,9760 Amendment-Residential Uses $638+$271unfl maximum $5,317 Amentlment-Commercal Uses E1,595+27/100m2 commercial ross flcorarce maximum $15,952 Amendment-Mixed Use $1,585+$27/100m2 commercial grass float area+$27/residential and maximum 515,852 Amendment-InduslriaBOther Uses $838+$11f100m2 ross POOr area maximum $6,381 Mirror Site PIaNOak Rid es Moraine note 2 $532 Sales Trailer/ Model Home $1,083 A reement and A reement Amendment note S $372 Landscape Inspection Fee for projects with greater than 2500 s .m. of Boor area, ar 25 units or rester 0.5%of the landscape cost estimate vnlh a minimum of $1,000 Commikee of Ad ustment °Minor Variance note 4 $452 Tabun Fee a scant initiated $108 Re-arculation Fee a licant ini8ate $108 SI n Permit Permanent $155 Tem ore $77 Si n B -law Amendment $1,033 Vadance $518 A artment In House $53 a licefion, $53 final certificate Clearance Letter Zonin $112 Subtlivesion $112 Miscellaneous $112 Develo mardfServ(cin A reement notes $372 Land Division . Review Fee $364 Develo ment reement note 5 $373 Peer Raviaw AppliwM shall be responsible for the MunidpalBy's full vests of undertaken a Peer Review Comments on a IoaBOns under the Green Ene AM $5,160 Street Name Chan a Request 1,595 Applidatlon Requiring An Open House or Additlonal Public Meeting (additional fee for each subsequent public meeting) $1,083 +FaUlity Rental Application Requidng Additional Public Meeting (additional fee for each subsequent public meeting where notice is provided through the local newspaper) $1,585+ FaUlity Renal Ontado Municipal Board Related Adminiatratlon Pee See Note S Plannin Ilcafiona-Other Local Municl lilies Official Plan Amendment $1,280 Rezonin A Ilcation $2,127 Drek Plan of Subdivision $2,127 Application InvoNing Review Under EPA andfor EAA Process addifianal fee) $12'000 Publieatiana Ma s -Small $4.39 - Medium $8.77 - Lar $13.18 Aerial Photo rah Colour - $4.39 Official Plan Coour Ma $2.63 Clarin ton Orfitlel Plan $70.75 Clarin ton Zonin B -law $70.75 Clarin ton Street Name Index $42.45 Studies -Under 40 a es $12.00 - 4D to 100 a es $24.00 - 10010 200 a es $40.00 -aver 200 a es $60.00 - CD $15.00 Note 7 The following are criteria for determining what conatkutes a Major Official Plan Amendment applicellon: • New golf ccuraes or expansion to exis8ng golf courses; • New waste facility or expansion to existing waste faUliry; • Expansion to urban boundary or re~esignation of Future Urban Residential lands; • Hamlet expansion where a seglemem cepadry study is required; - Commercial Development greater than 2,500 m'; • Deletion or addi8on of arterial ar celledor road; endfor Any applicebon that Oue to the 6roatler policy implicaaons for the Munidpakty would require the neetl to review or manage studies, or any application tleemed b be major by the Diredar of Planning Services. Note 2 yhe following are criteria for determining what censtitutes a Minor Site Plan application: • A residential or agricultural site plan in the Oak Ridges Moraine as required by the OTfidal Plan and Zoning ey-law 2005-109; • A tlog kennel, agricultural tourism use, and similady-scaled uses; andfor ' A minor alteration to an existing sde plan to revise parking, add a patio, add a storage building, revise signage, add or delete podables, etc. Nate 3 The following are cdteria for determining what censtiWtes a major Zoning By-law Amendment applica8on: • Associated with an Official Plan Amendment; • Assocated with an application for proposed Plan of Subdivision; • Application involving mulaple properties; andJor Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation studies, retail market studies) NoN I Minor Vadance applications for the wnstmdicn or placement of an accessibility device to provide access to a single-tletachedJ link ar townhouse dwelling is exempt from the (ee. An "accessibility device" is defined as a tlevlce.induding a ramp that aids persons with physical tlisabilides in gaining access to a dwelling unit. Note 5 The applicant is requiretl to reimburse the Munidpaliry far its legal coats assocated with preparing the agreement. Note 8 The following are Criteria for determining what constitutes a minor application tarred-line revision tc Dreft Approval: • Dces not require circulation to outside agencies. Note 7 Fees far all Planning applications submi0ed by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Ad Applications, the total tees payable shall indude all fees associated with supporting an applicant at a hearing where the application was approved by Munidpal Coundl inUuding Munidpal legal fees and consubantAvitness tees where required. but excluding the costs of the Planning Department stag. These additional fees shall be celleded through the process set out in a cast acknowledgement agreement which must be signed and submitted as part of the Planning Ad Applications. Attachment 2 To Report PSD-116-09 COMPARISON OF FEES FOR PLANNING APPLICATIONS Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Local Official Plan Simple - $15,000 $8,000 $8,000 + $1,500 $8,487 Major: $8,000 Major: $12,000 Amendment Complex - $34,809 for adopting Minor: $4,000 Minor: $5,000 Application Recirculation; $500 by-law ($10,609 if Oak Ridges associated with a Adoption: $2,100 Adoption: $2,060 Moraine premium: Zoning By-law $500 Amendment) Local Official Plan Amendment for $25,000 Aggregate Application RegionalOPA $5,000 $5,000 if not part of nfa nfa $1 ,200 $1,236 Review Fee a local OPA $2,000 if not part $2,060 if not part of local OPA of local OPA Zoning By-law Simple: $9,000 Application: $5,000 $5,500 $5,305 Major: $5,000 Major: $5,150 Amendment and Complex: $19,104 Minor: $2,000 Minor: $2,060 Application for a Recirculation: $500 Temporary Use Oak Ridges By-law Moraine Premium: $500 Zoning Clearance Two-week response: License Letter: nfa nfa $105 $108 (compliance letter) $100 $53.50 Two-day response: $150 Neighbourhood Within Official Plan $10,000 + $15,000 + Peer Design Plan Application fee Peer Review fees Review fees I en w U1 Page 1 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Subdivision Residential: Residential: $10,000 + $325 Residential: Residential: $10,300 + $258 Application $13,438 plus per unit $10,000 + $135 per per unit $10,609 + $0.27 $10,000 + $250 per unit (apts, $52 fee as follows: unit per sq, m of land per unit (apts $50 per unit) area per unit) First 200: $337 per Reactivation fee of unit($100-apts) $1,422 applies Non-Residential: $5,150 Over 200: $165 per after 3 years $5,050 unit ($50-apts) Plans for approval only (no Non-Residential: agreement) $927 $13,489 Extension of Draft Extension of Draft approval: $2,000 approval: $2060 Revisions to a $6,719 $1,260 for major n/a n/a Applications filed Applications filed Subdivision revisions before July 1, before July 1, Application $420 for minor 2000: $10,000 plus 2000: $10,300 plus (Le. not draft revisions $250 per additional $258 per additional approved, but $525 for unit ($50 per unit ($52 per requiring full recirculation additional apt. unit) additional apt. unit) recirculation) Applications filed Applications filed between July 1, between July 1, 2000 and 2000 and December 31, December 31, 2006: $5,000 plus 2006: $5,150 plus $250 per $258 per additional unit additional unit ($50 per additional ($52 per additional apt. unit) apt. unit) Applications filed Applications filed after December after December 31,2006: $5,000 31, 2006: $5,150 plus applicable plus applicable taxes, taxes ro w m Page 2 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Revisions to a Major: $6,745 $1,260 Major: $5,000 + Residential: Major: $7,500 + Major: $7,725 + Draft Approved (where substantial $325 per unit $10,609 + $0.27 250/unit plus 258/unit plus Plan of Subdivision changes are per sq, m, of land 50/apt. 52/apt. (i.e. red-line proposed and Minor: $5,000 area Minor: $2,000 Minor: $2,060 revision) recirculation is (change to plus 250/unit + plus 258/unit + required) condition and/or Reactivation of a 50/apt. 52/apt. Minor: $1,349 minor plan subdivision (change to a change) application - after condition and/or 3 years: $1,422 minor plan chanqe) Preparation of a The Applicant is $3,150 $5,000 plus legal Condo Agr,: $2,000 plus legal $3,000 plus legal Subdivision, required to fees $2,971 fees fees Condominium, reimburse the Town Amendment to Subdivision Agr. Site Plan, for its legal costs agreement: $1,591 Amendment to Amendment to Development or associated with Major: $1,260 Site Plan Agr,: Subdivision Subdivision Infrastructure preparing the Minor: $420 $1061 Agreement $600 Agreement: $618 Aqreement agreement. (plus leqal fees): (plus leqal fees) Final Approval, $2,000 $1,000 n/a $1 ,485 $2,000 $2,060 plus Subdivision $26 per unit Clearance Fee Clearance Release Fee: $1,000 Condominium $8,925 $6,500 + $7,500 plus $325 $5,305 $5,000 + $25 per $5,150 plus $26 Application per unit unit plus per unit plus Conversion: $5,000 Recirculation: $500 Amendment to a applicable taxes applicable taxes plus $125 per unit Conversion: $1,000 conversion; Condominium $7,500 + $325 per Description or Conversion: Conversion: unit Declaration: $5,000 +$25 per $5,150 plus $26 $1,804 unit plus per unit plus applicable taxes applicable taxes Reactivation of a condominium application - after 3 years: $1,061 CD W ~ Page 3 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Final $1,673 Agreement: $2,140 $3,000 $1 ,485 $1,500 $1,545 Approval/Release Condominium Clearance Fee Clearance Release Fee: $1,000 Lift Part Lot Control $1,779 plus $222 $535 + $25 per unit $175 per unit $1,273 plus cost of $500 plus $25 $750 plus $50 per unit (max. registration of by- per unit to a per lot to a $5,000) law (includes maximum of maximum of extensions) $5,000 $8000 Extend Part Lot $1,779 $700 Control Site Plan Approval $6,735 plus a per- Residential: $2,500 Residential: $2,652 plus $0.27 Residential: $3,090 plus $200 unit fee as follows: + $175 per unit $3,000 + $325 per per sq. m plus $3,000 plus $200 per unit plus unit $1,061 for the per unit plus applicable taxes first 25: $674 per agreement applicable taxes unit Commercial: Non-Residential: Commercial: Commercial: 26-100: $500 per $2,500 + $850 for $3,000 + $500 for Site Inspection - $3,000 plus $25 $3,090 plus $26 unit each $2,000 sq. m. each $2,000 sq, $212 for 3rd per 100 sq, m. gfa per 100 sq, m, gfa 100-200: $250 per m. gfa or inspection or more plus applicable plus applicable unit Industrial: portion thereof taxes taxes $2,500 + $500 for Over 200: $125 per each Institutional: Mixed Uses: Mixed Uses: unit $2,000 sq, m, $3,000 $3,000 plus $25 $3,090 plus $26 per 100 sq. m. per 100 Esq, Non-residential: Major Revision: Agreement fee commercial gfa commercial gfa $6,735 plus $67 per $2,500 $2,000 plus legal plus $50 per unit plus $52 per unit to 100 sq. m gfa Minor Revision: fee to a maximum of a maximum of $750 $15,000 plus $15,000 plus applicable taxes applicable taxes Clearance: $250 Industrial: Industrial/Other $1,200 plus Uses: Agreement Fees: $10 Der 100 sa. $1,250 Dlus co w co Page 4 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Standard: $945 m, of gfa to $10 per 100 sq. Custom: $1,575 maximum $7,500 m. of gfa to plus applicable maximum $7,500 taxes plus applicable taxes Plans for Plans for approval only (no approval only (no aQreement) $945 aoreement) $973 Site Plan Approval $6,735 $4,500 $3,500 $3,713 $3,025 $5000 plus for applicable taxes, Telecommunication Towers Apartment-In- Application: $50 Application: $53 House Final Certificate: Final Certificate: $50 $53 Site Plan Minor: Where there $420 $3,000 for $2,652 plus $0,25 Residential: Residential: Amendment is no expansion to expansions per sq, m, of site $600 plus $25 per $618 plus $26 per the building or where greater that 50% area plus $530 for unit to a maximum unit to a maximum the expansion is less of the total floor an amending of $5,000 plus of $5,150 plus than 50% of total area agreement applicable taxes applicable taxes floor space: $6,528 Mixed Uses: Mixed Uses: $2,000 for Major: Where the expansions less $1,500 plus $1,545 plus expansion to the than 50% of the $25.00 per 100 $26,00 per 100 building is greater total floor area sq, m. of gfa plus sq, m, of gfa plus than 50% or 5,000 $25,00 per $26.00 per sq. m, (whichever is $1,000 for a minor residential unit to residential unit to less): $15,127 modification to a maximum maximum site plan by the $15,000 plus $15,450 plus Planning Director applicable taxes applicable taxes co W ill Page 5 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Commercial: Commercial: $1,500 plus $25 $1,545 plus $26 per 100 sq. m, per 100 sq. m, commercial gfa to commercial gfa to a maximum of a maximum of $15,000 plus $15,000 plus applicable taxes applicable taxes I ndustriallOther: I ndustrial/Other: $600 plus $10 per $618 plus $10 per 100 sq, m. gfa to 100 sq. m, gfa to a a maximum of maximum of $6,000 plus $6,180 plus applicable taxes applicable taxes Minor: $500 Minor: $515 Site Plan $350 $361 Agreement and Agreement Amendment to Servicing Agreement Minor Variance Residential: $750 Accessory $500 Residential: $425 $438 Non-residential: Structure: $200 Special hearing: 2 or less units Recirculation: Recirculation: $2,141 Existing Building: $1 ,000 $530 $103 $106 Tabling Fee: $100 $350 Tabling Fee: $200 3 or more units Tabling Fee: $103 Tabling Fee: $106 Special Hearing: Vacant Land: $1,236 $3,500 $1,500 Non-Residential: Tabling Fee: $200 $1,273 Special Meeting: Special Meeting: $750 $1 ,061 Tabling Fee: $212 ro ~ o Page 6 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Land Division 1,964 $700 $750 $424 per Land Division Land Division Administration Fee application Development Development Clearance Fee: $160 per Agreement Fee: Agreement Fee: $300 clearance $350 $361 Review Fee: Review Fee: $309 $300 Sign By-law Amendment: $2,000 Amendment: n/a Amendment: Amendment: n/a Amendment: $600 Amendment: Variance: $1,000 Variance: $2,000 Residential: $464 $1 ,000 Development, Variance: $550 All others: $773 Variance: $50 Variance: $500 Ground or Wall Sign: $500 All other siQns: $100 Sign Permit PortablefTemporary: PortablefTemporary: Temporary: $100 Temporary: $50 Temporary $40 Temporary $75 $60 A range among Permanent $150 different types of signs: $50 to $100 Permanent: A range Permanent: $50 Permanent: $206 Permanent: $40 Permanent: $150 among different types of signs: $150 to $250 Removal of a $2,500 $2,225 $3,250 $2,228 $2,000 $2,060 Holding Symbol By-law to Extend $2,000 $2,225 $2,000 n/a n/a - new rezoning No Change the time limit for a application Temporary Use required Request to extend $1,000 n/a n/a n/a $2,000 $2,060 Draft Approval Site Plan for a $1 ,000 $802.50 $700 n/a $1 ,000 $1,030 Sales Trailer , CD ~ Page 7 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) Additional Public Where more than n/a $750 n/a $1,000 plus $1,030 plus Meeting and/or one public open facility rental plus facility rental plus Open House house, and applicable taxes applicable taxes Community Affairs (where notice is (where notice is and Planning provided through provided through committee meeting local newspapers: local newspapers: is required: $500 per $1,500 plus $1,545 plus meeting facility rental) plus facility rental) piuS! applicable taxes applicable taxes Street Name Street Naming Street Naming Street Name n/a Street Name Street Name Requests Requests: $300 Process: $300 Change Request Change Request: Change Request: (External): $750 $1,500 $1,545 plus $50 per municipal address Peer Reviews The applicant shall n/a . n/a The applicant shall be responsible for be responsible for the Town's full costs the Municipality's of undertaking the full costs of Peer Review. undertaking the Peer Review. Legal Fees Where the Town n/a n/a In addition to the (Ontario Municipal becomes involved in fees set out for Board Appeals) an appeal to the Planning Act Legal Fees Ontario Municipal Applications, the (Ontario Municipal Bard, and where the total fees payable Board Appeals) Town is in support of shall include all (Continued) the application, the fees associated applicant shall pay with supporting an Town staff costs in applicant at a terms of time and hearing where the expenses and application was attendance at approved by hearings, mediation Municipal Council m ~ I\) Page 8 Attachment 2 To Report PSD-116-09 Clarington Application Ajax Pickering Whitby Oshawa Clarington (Recommended) Type (2010) (2009) (2009) (2010) (2009) (2010) or arbitration. including Municipal legal fees, and consultant/witness fees where required, but excluding the costs of the Planning Department staff, These additional fees shall be collected through the process set out in a cost acknowledgement agreement which must be signed and submitted as part of the Planning Act Applications, co ~ w Page 9 CI~mgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMNISTRA TION COMMITTEE MEETING Date: Monday, December7,2009 Report #: PSD-117-09 File #: PLN 34.5.4.44 By-law #: Subject: REQUEST FOR PERMIT TO REMOVE 49 BEAVER STREET SOUTH, NEWCASTLE VILLAGE, FROM THE MUNICIPAL REGISTER OF PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-117-09 be received; 2. THAT the Municipality authorize in principle the relocation of the heritag~ home at 49 Beaver Street South to 45 Edward Street East; 3. THAT prior to moving the building at 49 Beaver Street South, the applicant: a. File a building permit for and construct the foundation for the relocated house after the building has been moved to 45 Edward Street East; b. Enter into a site plan agreement for the expanded mixed use development site incorporating 97 and 131 King Street East and 49 Beaver Street South containing appropriate conditions with respect to relocating the house at 49 Beaver Street South; and c. Obtain the approval of Engineering Services and any relevant agency for moving the house; 4. THAT the cement block house located at 49 Beaver Street South, be REMOVED from the Municipal Register of properties of cultural heritage value or interest on the day prior to the move; 5. THAT staff be authorized to issue the building permit to allow the building to be MOVED to 45 Edward Street East at the time that recommendations 2 and 3 have been fulfilled; 844 REPORT NO.: PSD-117 -09 PAGE 2 6. THAT the cement block house relocated to 45 Edward Street East be placed on the Municipal Register of properties of cultural and heritage interest on the day subsequent to the move; and 7. THAT all interested parties listed in this report and any delegation be advised of Council's direction. Submitted by: D v J. Crome, MCIP, RPP Director of Planning Services Reviewed by: d~~ Franklin Wu, Chief Administrative Officer ILlFLldf 2 December 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 845 REPORT NO.: PSD-117-09 PAGE 3 1.0 BACKGROUND 1 .1 The Planning Services Department is in the process of reviewing an application for rezoning of the properties located at 49 and 63 Beaver Street South, Newcastle Village. The application proposes to rezone these lands to permit an expansion of the existing IGA parking. A Public Meeting was held on May 25, 2009 in regard to the proposed rezoning and Staff Report PSD-046-09 noted that Sobeys Inc., the parent company and franchisor of IGA supermarkets in Ontario, has chosen to rebrand most of the current IGA stores as Sobeys stores. Sobeys corporate policy requires parking ratios greater than those required by the Zoning By-law in order to serve the overflow needs of its supermarket clientele. The Planning Justification Report submitted with the application indicated that the two houses on the area proposed for parking would be relocated. 1.2 On June 29, 2009 Council approved adding 49 and 63 Beaver Street South to the Municipal Register as non-designated properties of cultural heritage value or interest based on the recommendation of the Clarington Heritage Committee (CHC) and Staff Report PSD-055-09. The heritage merits are outlined in Attachment 1. 1.3 On October 5, 2009 staff met with the property owners, Norman Gyaltsan and Tenzin Gyaltsan, and their solicitor with respect to the proposed relocation of the buildings. The owners indicated they had located properties in the immediate area that could accommodate the buildings. Sobey's had asked the owners to provide confirmation from the Municipality that the buildings could be moved before proceeding with their parking expansion proposal and rezoning. 1.4 As 49 Beaver Street South is recorded on the Municipal Register, the Ontario Heritage Act provides Council with sixty (60) days from the date of Council receiving the request to remove the building in which to address the submission. The owner's request will be officially received by Council on December 14, 2009. Council has the option of either removing the property from the Municipal Register so that a permit can be issued to move the building; or not responding to the submission, in which case they would be deemed to have consented to the application; or initiating the heritage designation process. 1,5 On December 2, 2009 building staff reviewed the process and requirements for the relocation of the house with the applicant. 2.0 CLARINGTON HERITAGE COMMITTEE REVIEW 2.1 The Ontario Heritage Act requires Council consult with the heritage committee prior to a property being removed from the Municipal Register. The Clarington Heritage Committee held a special meeting on November 10, 2009 to meet with the Gyaltsans to discuss a relocation proposal. The Gyaltsans indicated that they had purchased a vacant parcel at 45 Edward Street East (Attachment 2), which is scheduled to close in January of 2010. They are negotiating to purchase a second property which will be the topic of a subsequent report on 63 Beaver Street South. 846 REPORT NO.: PSD-117-09 PAGE 4 2.2 The owners have retained Laurie McCulloch, who specializes in moving heritage buildings, to inspect the building and the proposed location. Mr. McCulloch has determined that the building at 49 Beaver Street South can be moved, however hydro lines would need to be adjusted and tree trimming would be required. The Gyaltsans have confirmed that the house would be sited so that it fronts on Beaver Street South. 2.3 The property owners were asked if they would consider designating 49 Beaver Street South under the Ontario Heritage Act once it is moved to the new location. They will give the matter consideration if they obtain permission to move the building. 2.4 After giving consideration to the owners' proposal, the Clarington Heritage Committee passed a motion agreeing to the relocation. They request that a landscape strip similar to what is currently along the King Avenue East road frontage, with additional trees, be provided. In addition the relocation of the building should have minimal impact on the existing street trees. The CHC encourage the property owner proceed with designation of the building upon relocation. 3.0 STAFF COMMENTS 3.1 Wherever possible, heritage structures should be retained for the original use and in their original location. Where the original use cannot be retained, adaptive reuse of the structure is encouraged. This heritage building abuts a street related commercial use in the Newcastle Village Centre and is a single family residence. The property owners are not seeking to demolish the building but to move it to another site and retain its use as a single family residence. 3.2 Should both cement block houses be moved to new locations there will be a void in the street fabric of Beaver Street South near the existing entry to the IGA parking lot and the terminal vista at the east end of Emily Street. An increase in general landscape requirements in this area would help soften the view of the proposed expanded parking area from the street. The landscape strip along the King Avenue East road frontage contains decorative iron fencing separated by brick posts and a variety of shrubs and trees. A similar type of landscape strip, with increased foliage that includes some coniferous trees, can be required along the Beaver Street South road frontage as part of the site plan process for the Sobeys project. 3.3 The building mover is aware of the importance of protecting trees when. moving a building. Engineering Services and Operations will be involved in any street tree pruning that is necessary for the moving of the building. The property owners are confident that the move can be conducted with the minimal amount of impact possible on the existing tree canopy. However, on site consultations with the Municipality's arborist and approval of any tree trimming will be necessary. 3.4 Information on the designation process has been provided to the owners. Lot development charges are applicable to 45 Edward Street East. Section 23(1) of the Lot Development Charges By-law 2005-108 states that the municipal portion of the lot development charge can be refunded if a heritage building is relocated to another site 847 REPORT NO.: PSD-117-09 PAGE 5 and designated at its new location under the Ontario Heritage Act. The current municipal portion is $14,521.00 per single detached dwelling. The owners have been advised of this provision. In addition, it is anticipated that the owners would receive a credit for their commercial development charges with respect the Regional and Educational development charge for the floorspace. 3.5 Appropriate arrangements are to be made with Engineering Services Department and other agencies impacted by the moving. It is also recommended that the site plan agreement for the commercial site contain appropriate provisions with respect the the arrangements for the relocation of the house. This should all occur prior to the removal of the property from the heritage register. It is also recommended that once moved, the property and relocated building be added to the municipal register of properties of cultural heritage value or interest. The owner can subsequently pursue designation under the Ontario Heritage Act. 3.6 On November 26, 2009 the owner advised that although a location for the second building had not been secured, he would like to proceed with the move of 49 Beaver Street South to 45 Edward Street East and has submitted a written request (Attachment 3). When a second property is secured for the second cement block home the proposal will be reviewed by the Clarington Heritage Committee and a further report presented to Council for consideration. 4.0 CONCLUSION 4.1 Staff are recommending that the cement block house located at 49 Beaver Street South be removed from the Municipal Register of non-designated properties of cultural heritage value or Interest immediately prior to the anticipated move and that staff be authorized to issue the permit to allow the building to be moved to 45 Edward Street East. Once relocated, it is recommended that the new property be added to the Municipal Register. 4.2 Staff and the Clarington Heritage Committee are in support of removing 49 Beaver Street South from the Municipal Register so that it can be moved to 45 Edward Street East. Council is requested to authorize staff to issue the permit to remove the building from the lot subsequent to the filing of a permit and the construction of a foundation for the new house, incorporation of appropriate conditions in the site plan agreement and approval of Engineering Services and any other relevant agency for the move. Attachments: Attachment 1 - Cultural Heritage Attributes Attachment 2 - Location Map Attachment 3 - Property Owners' Submission 848 REPORT NO.: PSD-117-09 PAGE 6 List of interested parties to be advised of Council's decision: Ontario Heritage Trust Clarington Heritage Committee Ministry of Culture Clarington ACO Clarington Museum and Archives Norman Gyaltsan Tenzin Gyaltsan Alan McMackin Glenn Genge 849 Attachment 1 To Report PSD-117-09 Cultural Heritage Attributes The two cement block houses located at 49 and 63 Beaver Street South were built around 1905 by John Hall, a prominent builder and contractor originally from Orono, Ontario. Hall was born in 1869 and died in 1926. It appears that he moved from Orono to Newcastle around 1905. The April, 1905 edition of the Orono Times advises that he purchased the property on the east side of Beaver Street, south of the old Massey factory "from R. Warren for $1500 and intends to erect two residences on the property." These two houses are very early examples of the use of cement block for residential building purposes. John Hall built most, if not all, of the early cement block houses in Newcastle, Orono and in the former Township of Clarke. The blocks were usually made on site. In order to make them more attractive, Hall and his brother Frank experimented with making coloured blocks, but apparently this was not successful. The ornamental pieces over the windows were also made by Hall. These are the only two known remaining cement block houses in Newcastle. There are two similar cement block houses in Orono Village, also built by Hall circa 1919 (Main Street South, east side, and Sommerville Road, north side - last house). There is one similar cement block house in Bowmanville on Lowe Street, however, it is not known if Hall built the home. Other examples of cement block construction may exist but these homes on Beaver Street are some of the finest examples. ..--. 49 Beaver Street South 63 Beaver Street South 850 Attachment 2 To Report PSD-117-09 I I I I I J L--J- KING AVENUE EAST ,--- ~ ~ It :: ~ N I"- ~ ~ It) I"- ;;; Ol Ct) It) N Ol ;:! ~ <0 It) ~ ~ ~ r-l I--- \ \ 46 ~ f-- ~ 57 ~- ~ co N ~ <0 co 58 N Ct) Ct) ~ I I I I 90 :J ~ ~~ \ EMIL Y STREET EAST 0 ~ 86 C/) I- ~ ~ 82 84 I O'l 82 ill 65 ~ 83 N ill .'- I- 0::: 78 :J Q1 r- I- 0 C/) 87 74 98 C/) 99 >> 0::: ~ lB I- 106 ill 70 108 ill 107 ~ 107 ~ 11n ill 0:: ill I- 119 118 l:D 115 38 C/) ...J 127 39 63 54 ...J 34 136 133 f6 I;n ~ 35 Al 30 CAROLINE STREET EAST 139 31 4: 26 27 -~ 151 ill . 3 159 O'l 160 22 > 23 N 0::: _31 164 f- 165 0 19 2f 18 175 172 0::: ..z 182 ill 15 181 14 ...J 1F 188 l- II 1< 189 10 :J - 196 195 () 7 1 203 \ 6 209 co N <0 .... ~ N (iI; ~ co 0 ~ ~ N N ~ III 1 ;: ~ ~ ~ 215 211 co 212 EDWARD STREET EAST -:---:-~ 113 It) Ct) 243 O'l I"- III O'l Ct) ;; OJ O'l ;: ~ I"- ---...-- ;: ~ ~ ~ ~ _-_-u-_ ~ 250 257 261 260 Property Location A1ap (tlewcastle Village) Current Sites ~ 49 Beaver Street South ~ 63 Beaver Street South Proposed Relocation Site For 49 Beaver Street South ~~::::3j 45 Edward Street East IV ~ 851 Attachment 3 To Report PSD-117-09 Municipality of Clarington 40 Temperance Street, Bowmanville,' On LIC 3A6 ~i~1rl1~;1(("\i),~,;'fT,I",'\"f1].r,'~~"'1]))"l'-1] I,,' [-e1 \::;,YL::::.L_ \ ~ l)J"-'"" . 1,/ NOV;:;02009~ 'II" ':"'._""", i /jIU~',i,.":!,.'. '-!E~i;1.P.R;r~GTOf\I " I L',.,." ;i',U UtrAFlTMENT November 27,2009 To the Municipality of Clarington Council: Please remove the cement block house located at 49 Beaver Street South from the Municipal Register of Properties of Cultural Heritage Value or Interest as we would like to move the building to an empty lot located at 45 Edward Street East, Newcastle Village. Yours truly, /_../ -; -' - --- - T~~ 852 Cl!l[.pn REPORT EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 7, 2009 Resolution#: Report #: ESD-014-09 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 ESD-014-09 be received; 2. THAT the implementation of new service fees and an increase in fees addressed in Report ESD-014-09 be approved; and 3. THAT the by-law attached to Report ESD-014-09 as Schedule 8 be approved. /j 11/: / /7 Submitted by: V~~ l/ -"~'-- .- ... Gordon Weir, AMCT, CMM11 f:;::'::- Director Emergency &Fire rvices Reviewed bU (~~ ~ 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 11 01 REPORT NO.: ESD-014-09 PAGE 2 of4 1.0 BACKGROUND AND COMMENT 1.1 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 savings ideas for the 2010 budget. 1.2 The present day service/document fees were introduced under Schedule "0" of By-law 96-32 Fees Prescribed by the Fire Chief. The service/document fees included: Service/Document Fee Burning Permits $25,00 Day Care/Home Day Care Centre Inspections $75.00/lnspection Wood Stove Inspections requested by Home Owner & Insurance Companies $50.00/lnspection Fire Loss Reports Requested by Insurance Companies $75.00/lnspection Refreshment Vehicle Inspections $75,OO/lnspection 1.3 Staff surveyed the Municipalities of Ajax, Whitby, Pickering, Oshawa and Scugog to determine their service/document fees. A chart highlighting the survey findings is attached to this report as Schedule A, Attachment 1. 2.0 CHANGES TO SERVICE/DOCUMENT FEES 2.1 Burning Permits By-law 96-32 implemented a charge of $25.00 for Burning Permits. The Municipality sells approximately 190 permits a year. The fee for Open Air Burning Permits amongst the surveyed Municipalities ranges from $25.00 to $68.58. Staff recommends the fee for Open Air Burning Permits be increased to $78.00 plus applicable taxes for a 12 month permit. In addition, staff recommends a 30 day Open Air Burning Permit for a fee of $39.00 plus applicable taxes be an option. 1102 ESD-014-09 PAGE 3 of4 2.2 Day Care/Home Day Care Centre Inspections By-law 96-32 implemented a charge of $75.00 for Day Care/Home Day Care Centre inspections. Staff inspects approximately 8 occupancies of this type annually. The fee for Day Care/Home Day Care Centre Inspections amongst the surveyed Municipalities ranges from $65.00 per hour to $193.25. Inspections of Day Care/Home Day Care Centres fall under Part 9 of the Ontario Fire Code and on average take 3 hours to complete. Staff recommends all Part 9 new business inspections and upon request inspections have a document/service fee of $234.00 plus applicable taxes, and all Part 9 license renewal inspections have a document/service fee of $78.00 plus applicable taxes. 2.3 Wood Stove Inspections requested by Home Owner & Insurance Companies By-law 96-32 implemented a charge of $75.00 for Wood Stove Inspections requested by home owners and insurance companies. Staff, inspects approximately 5 wood stoves annually for WETT Certification. Staff recommends inspections for WETT Certification be increased to $78.00 plus applicable taxes. 2.4 Fire Loss reports Requested by Insurance Companies By-law 96-32 implemented a charge of $75.00 for Fire Loss Reports requested by insurance companies. The fee for Fire Loss Reports requested by insurance companies amongst the surveyed Municipalities ranges from $60.00 to $125.00. Staff recommends the document/service fee be increased to $78.00 plus applicable taxes and will be administered through Emergency Services. 1103 ESD-014-09 PAGE 4 of4 3.0 NEW SERVICE/DOCUMENT FEES 3.1 As a result of survey Schedule "A", staff recommends the following document/service fees plus applicable taxes: . Liquor Licensing for outdoor patios - includes full inspection $234.00 . Part 3 Inspection - over 600m2 - initial inspection - upon request $468.00 . Part 3/Part 9 Inspection additional storey - above/below grade $39.00 . Fireworks Sales Trailer Inspection $78.00 . Standby Requests - per vehicle for the first hour or part thereof $350.00 · Motor Vehicle Collisions on 400 Series Highways, Highway 35/115, Highway 35, Highway 115 - (cost recovery through MTO) - per vehicle for the first hour or part thereof $350.00 · Services as a result of a malicious or criminal act as determined by the Fire Chief - per vehicle - per hour $350.00 · Additional Expenses - in order to eliminate an emergency Cost Recovery · Response to Unapproved Open Air Burning - following one warning - per vehicle - per hour $350.00 · Response to fires on or beside rail lines caused by railway company Cost Recovery · Response to Malicious and Nuisance Alarms - at the discretion of the Fire Chief - per vehicle - per hour $350.00 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 Schedule 0 (Attachment #2) be implemented effective January 1, 2010 and replace Schedule D of By- law 96-32. 1104 Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog INFORMA TlON Copy of Emergency 74,81 65,00 125.00 65,00 60.00 Response Report - within past 2 years Copy of Emergency 149,61 65.00 125.00 65,00 60,00 Response Report - over 2 years - Archival File Search 55.00 65,00 - 125.00 65,00 60,00 195,00 Fire Regulation Compliance 55.00 65.00 125.00 65,00 60.00 Letter INSPECTIONS Boarding I Lodging I 193,25 65.00/hr 125,00 65.001hr N/C Rooming House upon 2 hr min request Educational Institutions 193,25 65.00/hr 125.00 65.00/hr N/C upon request 2 hr min Foster Care - upon request 193.25 65.00/hr 125.00 65,OO/hr N/C 2 hr min Group Home - upon request 193.25 65,OO/hr 125,00 65.00/hr N/C 2 hr min Institutional - upon request 193.25 65,OO/hr 125.00 65,OO/hr 100,OO/hr 2 hr min Licensed Day Care - upon 193.25 65,OO/hr 125,00 65,OO/hr 100.00 request 2 hr min Private Home Day Care - 193,25 65.00/hr 125.00 65,OO/hr 100,00 upon request 2 hr min Liquor Licensing - upon 193.25 . 65,OO/hr 125.00 65.00/hr 100.00/hr request - includes occupant 2 hr min load calculations Liquor Licensing for outdoor 193,25 65.00/hr 125.00 65.00/hr 100.00/hr patios - includes full 2 hr min inspection Non-Residential Inspection - 193,25 65.00/hr 125.00 65.00/hr 100.00/hr 1000m2 or less - upon 2 hr min request Non-Residential Inspection - 25.00 N/A N/A N/A N/A each additional 1 000m2 or each additional floor 1105 Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog Non-Residential Inspection - 193.25 65,OO/hr 125,00 65.00/hr 100,OO/hr multiple unit occupancy - 2 hr min per tenant (strip mall) Residential Inspection - 193,25 65,OO/hr 125.00 65.00/hr 100.00/hr upon request - (includes apartment complex! hotel I motel) Residential Inspection - 25.00 N/A N/A N/A N/A each additional storey - above or below grade Two Unit Residential 168,32 65,OO/hr N/C-500.00 65,OO/hr 115.00 Inspection -Retrofit - upon for request or complaint registration Re-inspections N/C 65.00/hr N/C 65,OO/hr N/C 2 hr min Wood Burning Appliance - N/C N/A N/C N/A N/C upon request Fireworks 200.00 N/A 125.00 N/C N/C By-law collects Fire Safety N/C 65.00/hr N/C N/C N/C Presentations/traini ng Requests of SFD inspection N/C N/C N/C N/C N/C by homeowner Fire Route Applications N/C N/C N/C N/C N/C Inspection initiated by F.D. N/C N/C N/C N/C N/C Security key- box N/C N/C 80.00 Actual N/C cost Fire Safety Plan N/C N/C N/C 65,OO/hr N/C Development Miscellaneous Inspections 193,25 65,OO/hr 125,00 65.00/hr 100,OO/hr 2 hr min PERMITS Open Air Burning 68.58 50.00 N/C 65.00 25.00 . Open Air Burning 68,58 10-15.00 N/C 130,OO/hr N/C lextinguisher training per Open Air Burning -Farm N/C 50.00 N/C N/C 25.00 1106 Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog EMERGENCYSER~CES Standby Requests - MTO 350.00 350,00 350,00 350,00 500 - 800 Rates - per vehicle for the 125/hr first hour or part thereof 5 F/F @ 30.06/hr Standby Requests - MTO 175.00 175.00 N/A 175.00 N/A Rates - per vehicle for each additional one-half hour or part thereof Motor Vehicle Collisions on 350.00 350,00 350.00 350,00 350/hr+ Hwy 401 - (cost recovery manpower through MTO) -per vehicle MTO roads for the first hour or part only thereof Motor Vehicle Collisions on 175,00 175.00 N/A 175.00 N/A Hwy 401 - cost recovery through MTO -per vehicle for each additional one-half hour or part thereof Response to Hazardous 350,00 + Costs Costs 350,00 + N/C Material Incident - per Costs Costs vehicle for first hour or part thereof - plus any additional clean-up costs Response to Hazardous 175.00 N/A N/A 175,00 N/A Material Incident - per vehicle for each additional one-half hour or part thereof Response to Dangerous 350,00 Costs Costs 350.00 N/C Goods Incident - per vehicle for first hour or part thereof, plus any additional clean-up costs Additional Expenses - in Actual Actual Actual Actual Actual Costs order to eliminate an Costs Costs Costs Costs emergency Response to Dangerous 175,00 175,00 N/A 175.00 N/C Goods Incident - per vehicle for each additional one-half hour or part thereof Attending Natural Gas 350,00 N/C N/C 350.00 N/C Incident - per vehicle for first hour or part thereof Attending Natural Gas 175.00 N/A N/A 175.00 N/C Incident - per vehicle for each additional one- half hour or part thereof 1107 Schedule A Attachment #1 to Report ESD-014-09 Ajax Whitby Pickering Oshawa Scugog Attending a Non-Emergency 350,00 N/C N/C 350.00 N/C Elevator Incident - per vehicle for first hour or part thereof Attending a Non-Emergency 175,00 N/A N/A 175.00 N/C Elevator Incident - per vehicle for each additional one-half hour or part thereof PREVENTABLE FIRES & ALARM SERVICES Response to Unapproved 350,00 100.00 N/C 350.00 500/hr+ Open Air Burning -per following following manpower vehicle for first hour or part one one 30,06 thereof warning warning person/hr Response to Unapproved 175.00 N/A N/C 175.00 250+ Open Air Burning - per manpower vehicle for each additional one-half hour or part thereof Response to fires on or Actual Actual Actual Actual N/C beside rail lines caused by Costs Costs Costs Costs railway company Response to Malicious and 350,00 350.00 350,00 350.00 500/hr+ Nuisance Alarms - per More than manpower vehicle for the first hour or 2 per year 30,06 part thereof person/hr after 2/6mth!'; Response to Malicious and 175.00 65.00/hr N/A 175.00 250+ Nuisance Alarms - per manpower vehicle for each additional one-half hour or part thereof Response to false alarm as 350,00 350,00 350.00 350.00 500/hr+ a result of work being manpower performed on a fire 30.06 alarm system or emergency person/hr system following one false alarm in a calendar year - per vehicle for the first hour or part thereof Response to false alarm as 175.00 N/A N/A 175.00 250+ a result of work being manpower performed on a fire alarm system or emergency system following one false alarm in a calendar year - per vehicle for each additional one-half hour or part thereof 1108 Schedule B to Report ESD-014-09 THE COROPORATION 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 30, 2009, the Council of the Municipality of Clarington adopted the recommendations contained within Report ESD-014-09 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HERBY ENACTS AS FOLLOWS: 1. THAT By-law 96-32 be amended; a) By deleting Schedule "D" and replacing it with the attached Schedule "D" 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 the December, 2009 day of Jim Abernethy, Mayor Pattie L. Barrie, Municipal Clerk 1109 SCHEDULE "D" TO BY-LAW 96-32, AS AMENDED PAGE 1 of 2 Service Information I Documents Document Fee plus applicable tax Copy of Emergency Response Report, Fire Loss Report - $ 78.00 Copy of Emergency Response Report, Fire Loss Report - over $ 156,00 2 years - Archival File Search $ 78.00 Fire Regulation Compliance Letter including WETT $ 78.00 Inspections, License Renewals, Burning Permits Schedule "A" Open Air Fire Permit - Residential (12 months) $ 78.00 Schedule "A" Open Air Fire Permit - Residential (30 day) $39.00 Schedule "B" Agreement for Controlled Burn Permit - farm n/c Inspections Liquor Licensing for outdoor patios - includes full inspection $ 234,00 Part 3 Inspection - over 600m2 - initial inspection - upon $ 468.00 request Part 9 Inspection - less than 600m2 - initial inspection - upon $ 234.00 request Part 3 or Part 9 Inspection additional storey - above or below $ 39.00 grade Single Family Residential Inspection n/c Fireworks - sales trailer $ 78.00 Refreshment Vehicle $ 78.00 1110 PAGE 2 of 2 Service Public Education and Training Document Fee plus applicable tax Fire Safety Plan Development - single family dwelling n/c Fire Safety Presentations and Lectures n/c Fire Safety House Presentation n/c Fire Drill n/c Fire Extinguisher Training n/c Emergency Services Standby Requests - per vehicle for the first hour or part thereof $ 350.00 Motor Vehicle Collisions on 400 Series Highways, Highway 35/115, Highway 35, Highway 115 - (cost recovery through MTO) $ 350.00 - per vehicle for the first hour or part thereof Services as a result of a Malicious or criminal act as determined by $ 350.00 the Fire Chief - per vehicle - per hour Additional Expenses - in order to eliminate an emergency Cost Recovery Preventable Fires and Alarm Services Response to Unapproved Open Air Burning - following one $ 350.00 warning - per vehicle - per hour Response to fires on or beside rail lines caused by railway Cost Recovery company Response to Malicious and Nuisance Alarms - at the discretion of $ 350.00 the Fire Chief - per vehicle - per hour 1 1 1 1 Cl![-!lJgtnn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 7,2009 Resolution #: Report #: CSD-015-09 File #: By-law #: Subject: DARLINGTON SOCCER CLUB PROPOSAL TO OPERATE BOWMANVILLE INDOOR SOCCER FACILITY CONCESSION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CSD-015-09 be received; 2. THAT the competitive bidding requirements of the Purchasing By-law be waived; 3. THAT Council endorse the proposal from the Darlington Soccer Club; 4, THAT staff be authorized to negotiate an agreement with the Darlington Soccer Club for the operation of the concession space at the Bowmanville Indoor Soccer Facility for the purpose of providing snack and refreshment services; 5. THAT the term of this agreement will include the remainder of the 2009/10 season and the entire 2010/11 indoor soccer season. Staff will provide a follow up report on the first term of operation before entering into discussions for a lease extension/renewal; 6. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to Execute the lease agreement be approved; and 7. THAT Darlin97 Soccer Club be advised of Council~ decision Submitted by: U iu.~ Reviewed bQ I---a....-cl .:.... J2.5k Joseph . Caruana Franklin Wu Director of Community Services Chief Administrative Officer t GA/bc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1201 REPORT NO.: CSD-015-09 PAGE 2 1.0 BACKGROUND 1.1 Since the facility opened in January 2005, the department has operated the concession in this facility. The Darlington Soccer Club is the primary facility user group and permits the indoor field for the indoor soccer season, operating from September to May each year. 1.2 The concession is generally operated weeknights and weekends during the indoor season and provided snack and beverage services almost exclusively to the players, volunteers and spectators of the Club. 1.3 Effective September 1,2009, as part of the budget savings measures plan, the concession operation at this facility was closed and would not open for the start of the 2009/10 indoor soccer season. Subsequently the club advised staff that their patrons were expressing some concern with the loss of this service. The Club indicated they would like to be considered to operate a concession service and in November a formal request was received from the Club (see Attachment #1 ). 2.0 ANALYSIS 2.1 The square footage of the concession is 168 square feet and was primarily outfitted with equipment provided by food and beverage suppliers in exchange for purchasing their supplies. Staff will negotiate with the club what equipment will be required. 2.2 In the written request the Club has indicated their willingness to honour any existing contracts the municipality has with food and beverage suppliers, as required. The municipality will review existing agreements to ensure there is no complication for assignment of any agreements. 2.3 The Club has proposed to operate during similar hours as in the past and staff is confident the Club will be able to operate an effective concession service to their players, volunteers and spectators. 2.4 The Club has confirmed their understanding of the requirements for insurance and compliance with Public Health regulations. 3.0 FINANCIAL IMPLICATIONS 3.1 The Darlington Soccer Club has proposed a rental rate for the operation of the concession of $40.00 per month of operation. This cost would be for the recovery of costs incurred by the municipality for utilities. Staff is not able to accurately determine the actual utility costs associated with the concession operation but 1202 REPORT NO.: CSD-015-09 PAGE 3 the proposed amount appears adequate to cover these costs. These monthly revenues will be deposited to the facility's operating budget. 4.0 COMMENT 4.1 With the decision to cease municipal operation of this concession, the Club and it's patrons have been left without concession services and staff support the approval of this report. 4.2 It is important to note the unique relationship the municipality has with the Darlington Soccer Club with regard to this facility. In addition to being the single largest facility rental group at this facility, they have also pledged $500,000.00 towards the cost of construction. At this time the club continues to honour this commitment. 5.0 INPUT FROM OTHER SOURCES 5.1 The Manager of Purchasing has been consulted during the preparation of this report and upon approval will be involved in the negotiation of the lease for this operation. Concurrence: Director of Corporate Services Attachment #1: Request from Darlington Soccer Club Attachment #2: Schedule "A" By-law Interested parties to be advised of Council's decision: Darlington Soccer Club c/o Sherry Bonazza 1203 Attachment 1 To Report CSD-015-09 SCHEDULE "A" 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 the Darlington Soccer Club, Bowmanville, Ontario, to enter into agreement for the lease space at Bowmanville Indoor Soccer Facility, 2375 Baseline Road Bowmanville, Ontario to operate the concession. 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, Darlington Soccer Club, Bowmanville, 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 1204 Attachment 2 To Report CSD-015-09 RLING S40CCEIC. CLIJIC 2375 Baseline Rd, W, Bowmanville, Ontario, LlC 3S2 905623-7309 darlingtonsoccer@rogers.com Attention: Community Services Department Dear Joe Caruana, Our club is extremely interested in operating the Concession Booth at the Bowmanville Indoor Soccer Facility. The Darlington Soccer Club feels that providing this service to our members is very important. We plan to offer various refreshments, including water, sports drinks, juices, and soda's, as well as snacks, including healthy snacks, such as fruit. We would also like to sell club clothing, such as scarves, hats and t-shirts. The Concession Booth would be open during all the programs we hold at the Bowmanville Indoor Soccer Facility. Our indoor youth and adult house league runs from September to May with the hours of operation being 7:30 am to 8:00 pm on Saturdays and 7:30 am to 11 pm on Sundays, and 5 pm to 11 pm, Mondays to Fridays. We also run programs for 3 and 4 years olds in the Indoor Facility during the months of June and July and the hours of operation is Mondays to Thursdays, 5 pm to 8 pm. Our club is mindful of existing supplier contracts the municipality already has in place, and we will honour these contracts, as required. '/, We will evaluate our club's current insurance policy, and will make sure that if we are not currently covered for such a venture, we will be. We will also make sure we follow the Durham Board of Health's protocols. The Concession Stand will generate some costs to the Municipality due to utilities, and our club will contribute towards these costs; as determined prior to its opening, The Darlington Soccer Club feels that taking on the operation of the Concession Booth at the Bowmanville Indoor Soccer Facility will further cement the partnership between the Municipality of Clarington and our club, and will enhance both our commitments to providing the best service to our community that we can. If you have any questions, or require clarification, please let us know. Yours truly, AlfHuggins Sherry Bonazza 1205 Clm:mgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 7, 2009 Report #: CLD-027 -09 File #: By-law #: Subject: 2010 MUNICIPAL ELECTIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-027-09 be received; 2. THAT a by-law establishing the hours and dates of the advance votes for the 2010 Municipal Election be passed; 3. THAT the Municipal Clerk be authorized to place advertisements in the local newspapers as determined necessary in order to increase awareness of the election process among the Municipality's electorate; and 4. THAT Kerry Maydem and Louis Bertrand be advised of Council's decision. )~ ; .. .'-"7'''> ,'-,:_;r'",-_', --; I . ,,j.. -~;J3^/JA , Submitted by: Patti.k. Ba~ CMO Munlcipal- Clerk o H'''..A-X ~ ~"-- Reviewed by: Franklin Wu, Chief Administrative Officer PLB*AG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1301 REPORT NO.:CLD-027-09 Page 2 of 14 1.0 BACKGROUND AND COMMENT At the Council meeting held on October 26,2009, Council passed a resolution to change the method of conducting municipal elections in the Municipality from Mail-In Voting and return to a Traditional Paper Ballot at voting station locations, using a manual count of the ballots. The resolution also called for the use of a similar number of polling stations and the same principles, rules and procedures used by the Government of Canada and the Province of Ontario to conduct their elections. Following that meeting, on November 9,2009, Council passed a resolution directing the Municipal Clerk to report on the costs, benefits, possible drawbacks and other information that the Municipal Clerk deems pertinent, regarding automatic vote tabulation in comparison with a manual count with respect to the 2010 Municipal Elections. 2.0 MANUAL COUNT VS. VOTE TABULATORS The following information is prepared in response to the request for staff to compare vote tabulation equipment to manual counting of ballots. 2.1 Optical Scan Optical scan technology is used worldwide for the tabulation of paper election ballots. Tabulators are generally referred to as poll count tabulators and central count tabulators. The poll count style is a small, rather compact unit, which is typically used at each designated voting location. The central count tabulator is used more for applications such as mail-in balloting or where a traditional voting location type of election is conducted but the ballots are transferred to election central for tabulation. The Municipality of Clarington used centralized optical scanners in 2006 to tabulate the election results and the equipment proved very 1302 REPORT NO.:CLD-027-09 Page 3 of 14 successful for us. According to a survey conducted by AMCTO, all other municipalities within Ontario with an electoral population similar to Clarington or greater, with the exception of one, will be conducting their count in 2010 using vote tabulating equipment; a change since 2006 where there were three. While the use of poll count tabulators would be ne~ to Clarington, staff have more than 15 years experience using a variety of optical scan technologies for conducting municipal election counts. Poll count tabulators are very reliable, durable and stable. Although there are various suppliers, the general principles are the same. Each unit contains an onboard memory and is programmed to accept only particular ballot designs and specifications. The units have a pass-through process, similar to a desktop scanner, which ensures that the ballot is not subject to damage. As well, there is a back-up battery in the event of power failure. Depending on the supplier, some units capture an electronic image of the ballot and associate that with a text record of how the ballot was interpreted and counted; an excellent tool in the event of a recount. The vote tabulator hardware and software may be programmed so that: · A printed record of the number of votes cast for each candidate is provided; · A ballot that is damaged or defective or has been marked in such a way that it cannot be properly processed by the scanner shall be returned to the Election Official; · An over-voted race (ie, where more votes are marked than are allowed for any given race) shall be rejected and shall be returned to the Election Official; · An under-voted race (ie, where fewer votes are marked than are allowed for any given race) shall be rejected and shall be returned to the Election Official; 1303 REPORT NO.:CLD-027-09 Page 4 of 14 . A blank ballot (ie, no votes indicated in any race on the composite ballot) shall be rejected and shall be returned to the Election Official; and . The threshold which will constitute a valid vote based on calibration of the scanner will be set at the Municipal Clerk's discretion. 2.2 Process Comparisons The following is a brief summary of the voting process and a comparison between the Poll Count Tabulator and a Manual Count. Note that the differences in the two systems have been highlighted. Voting Process Poll Count Tabulator Manual Count As each elector enters the voting As each elector enters the voting location, the Traffic Clerk directs the location, the Traffic Clerk directs the elector to the appropriate Ballot Clerk. elector to the appropriate Deputy As each elector arrives at the Ballot Returning Officer (DRO). As each Clerk's table, the Ballot Clerk verifies elector arrives at the DRO's table, the that the name of the person is entered DRO verifies that the name of the on the Voters' List. person is entered on the Voters' List. The Ballot Clerk issues the appropriate The DRO issues the appropriate ballot ballot along with a marker and secrecy along with a pencil. envelope. The elector immediately proceeds into The elector immediately proceeds into the voting compartment and marks the the voting compartment and marks the ballot by marking in the space provided ballot by marking in the space provided to the right of the candidate's name for to the right of the candidate's name for which the elector wishes to vote. which the elector wishes to vote. Examples of acceptable votinq marks: Examples of acceptable voting marks: 1304 REPORT NO.:CLD-027-09 Page 5 of 14 Candidate 00 Candidate (2) Candidate - Candidate 8 The elector places the ballot into the secrecy folder and delivers it and the marker to the DRO. The DRO immediately requests that the elector please remain until the vote tabulator has successfully accepted the ballot. In full view of the elector, the DRO places the secrecy folder containing the completed ballot on the vote tabulator and the vote tabulator automatically feeds the ballot to the ballot box. The vote tabulator is programmed to reject over-voted races, under-voted races, blank cards or invalid ballots (ie, ballots not produced under the authority of the Municipal Clerk). Where the ballot is rejected, the vote tabulator would eject the ballot and provide a message to the DRO on the display screen. The elector would then be advised of their option to correct the error or not. Candidate @ Candidate 0 Candidate . Candidate 0 The elector folds the ballot and delivers it and the pencil to the DRO. The DRO immediately deposits the folded ballot into the ballot box. N/A 1305 REPORT NO.:CLD-027-09 Page 6 of 14 Tabulation I Counting Process Poll Count Tabulator Manual Count After the close of the voting location and After the close of the voting location and once every elector in the voting location once every elector in the voting location at the close of voting has had an at the close of voting has had an opportunity to cast their ballot, the vote opportunity to cast their ballot, the tabulator will be directed to print the Election Officials will unseal the election results. The results are ballot box and begin to count the printed. The box is sealed. ballots. They separate the ballots into piles based on ballot type and then proceed, using a tally sheet, to count the votes for each office beginning with the Office of Mayor. The counting process is repeated for each office. The DRO has the final decision but his/her decision may be challenged by a scrutineer. While any ballot which could potentially indicate the identity of the elector who cast the ballot shall be rejected, there are several situations wherein the DRO must use discretion in determining the voter's intent. 1306 REPORT NO.:CLD-027-09 Page 7 of 14 Security Process Poll Count Tabulator Prior to voting day, each vote tabulator is run through a logic and accuracy test with a test deck of ballots. The results are compared with a manual count of the same test deck. This is an open process and is undertaken to ensure the hardware and software are operating correctly. Prior to the opening of the poll on voting day, the Election Officials and anyone else present witness that the ballot box is empty and the "zero totals report" is printed. This shows that the tabulator count is zero and the votes cast is zero. Following voting day, each vote tabulator is run through a logic and accuracy test with a test deck of ballots. The results are compared with a manual count of the same test deck. This is an open process and is undertaken to ensure the hardware and software are operating correctly. Manual Count N/A Prior to the opening of the poll on voting day, the Election Officials and anyone else present witness that the ballot box is empty. N/A To ensure that the equipment has performed properly, the images of the ballots may be reviewed along with the interpretation file generated by the system; as well, each machine is run through a series of tests both before and after the election. As can be seen through the process comparisons above, the use of vote tabulating equipment at the voting location has minimal, yet positive, impact on the elector's voting process. Each elector who may have completed their ballot in a manner that cannot be counted by the equipment is afforded the opportunity to correct their mistake, without compromising their voting secrecy, thereby eliminating the opportunity for others to apply their discretion in determining voter intent. 1307 REPORT NO.:CLD-027-09 Page 8 of 14 Vote tabulating equipment tallies the votes based on the programmed mark threshold determined by the Municipal Clerk. With a manual count, votes are counted by Election Officials after working 10 straight hours and who may be subject to influence by other Election Officials and/or scrutineers. It has been determined that the margin of error during a manual count of composite ballots using a tally sheet is 6%. 3.0 VOTING SUBDIVISIONS Section 18(1) of the Municipal Elections Act, 1996, as amended (the Act) provides the Municipal Clerk the authority to divide the municipality into voting subdivisions. In 2000 when Clarington implemented Vote by Mail, thevoting subdivisions were removed as there was no longer a need for them. In determining the voting subdivisions, the Municipal Clerk will consider the following factors: the number of eligible electors, the geography of the area, and the vote counting method. The Act is silent on the number of electors to be included in each voting subdivision, however previous experience proves that a maximum of 300 eligible electors be the target for each voting subdivision where a manual count is being conducted. This maximum has proven to be a fair volume of electors to be processed during voting day by the DRO and Poll Clerk team, and to be the maximum number of ballots expected to be counted by the DRO and Poll Clerk at the close of the vote. Any significant change in this maximum could impact the degree of accuracy in the results. Given this equation, with our 61,100 eligible electors, there will be approximately 203 voting subdivisions, plus advance polls, in the Municipality of Clarington for the 2010 elections. When using vote tabulating equipment, the size of the voting subdivision is driven more by the ability of the voting location to accommodate the number of eligible electors rather than the quantity of ballots to be counted. 1308 REPORT NO.:CLD-027-09 Page 9 of 14 The Province runs 146 voting subdivisions, accommodated through approximately 40 voting locations within Clarington, which equates to approximately 418 electors per poll. The difference in the number of electors between a Provincial Election and a Municipal Election can be accounted for by the difference in the complexity of the ballot. In the last Provincial Election, the layout of ballots in each voting subdivision was as follows: ~ ~ W ... - r- N -or- ~gm m ~z m -m m C;-<C r- o-lC) . ~ s: z~ -a mmU'l n ;:0 -<OJ -I 0 -1-0 -Im ~~m mc ~~O oz::a m~ ~o :a ~;;: m-l (1)-< oz ooe ;: ~-!C I G)." ~ C"TI o~ ~"U 00 ~~o ~~ -< ~~ m~e zzz 0-< 0-< zz" ~~ mo mo 00 00 ~~ r-" 6;;;C m'm ooz c:i 0-1 "U"U zz zz ~~- zz -1-1 i!i!C -I -I ~~m oOC) ~~< ;:0;:0 ~~ ~m ;:0;:0 zz .99 00 00 -1-1 . . . . INITIAL BA~FORE FOLDING ... PARAFER LE BULLETIN DE VOTE AVANT DE LE PLlER NQ 000001 1309 REPORT NO.:CLD-027-09 Page 10 of 14 A sample of the Ward 2 English-Language Public School Board ballot from the last Municipal Election is shown below: MUNICIPALITY OF CLARINGTON Uaril.Jgtoo 2006 Munlctpal Elections -.. ....Monday, NO'Vf:mber pl, 2006 Ward 2 English- lang1J&ge P\.bllc school To d . n '" 001. . IlIt1 "1O,~~11N l'l!." LISE MY ~~Ji~~$l OO'ICl use F'Ba.. - II II - MAYOIl ,:r... l:I JtrEGIONAl Mat.- COU"CU.LOR ~ - ENGUSH PUBUe SCHOOl TfUJ5nE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ {lftgo fA - \\:'o\lI ~ "" nu. !Jt.Jkf 1 [ - - - - - - - - - - - - - - - - - - - - - - - - - - FiYd thiS b~t Iln:l plllc~ Insid~.the. el'Jv~p.e(Nrked "E;eCfV(;'p' EnY''''~~ ~Ild SiI!-ll1 ~ erwOfope. ONl'Y ONE BALLOT PEP. ..'~ .L. .. . . . 11111~11111 . 362 ... SMYTH )tno S"nJRDV .......... ~ 1310 REPORT NO.:CLD-027-09 Page 11 of 14 4.0 ELECTION COSTS The last election that the Municipality ran using a traditional vote and a manual count was in 1997. At that time, the number of eligible electors in the Municipality was 44,980 and the actual cost of running the election was $134,280. The Municipality would have been divided into approximately 130 polls. In comparing the manual count system to the vote tabulating equipment, a great difference of cost is found in the staffing required. With a manual count, each of the voting subdivisions and the advance polls will require a DRO and a Poll Clerk. Additionally, at voting locations where there are more than two voting subdivisions casting ballots, there will also be a Traffic Clerk to assist in directing electors to the appropriate table and at least one Revision Clerk. With the use of vote tabulating equipment, each of the locations would require one DRO, at least four Ballot Clerks, two Revision Clerks and one Traffic Clerk. Also, in a manual count, the number of individuals required at the Municipal Administrative Centre to receive and input the initial election results and to meet the DROs and collect their statements and supplies is greater than that required with the vote tabulators. A comparison of initial cost estimates for running the election using a manual count and by using vote tabulators has been completed as follows: 1311 REPORT NO.:CLD-027-09 Page 12 of 14 Manual Vote Count Tabulators $90,500 $35,000 $13,000 $8,000 $35,000 $35,000 $10,000 $10,000 $22,000 $22,000 $6,000 $6,000 $0 $63,000 Software $28,000 $0 $17,000 $17,000 $12,000 $12,000* $4,000 $4,000 $9,000 $1,000 $233,500 $204,000 * Note that in reviewing the previous staff report, Report CLD-020-09, it has been determined that the amount of $12,000 for list management software was inadvertently omitted from the cost estimate for the traditional paper ballot with vote tabulator equipment. 5.0 OTHER ELECTION MATTERS 5.1 Advertising In order to raise awareness of the election, staff is requesting Council's approval to publish additional ads to those required by legislation. These ads will address such items as nominations, the method of election, the voters' list publication and the necessity for electors to ensure they are included on it, various dates referenced in the legislation and where to find additional information related to the election. Although some notices and their timing are legislated, many of the ads generally published are information items only. Although not legislated, 1312 REPORT NO.:CLD-027-09 Page 13 of 14 these notices are necessary in order to raise awareness of the election and the importance of electors to ensure they are included in the process. 5.2 Advance Polls Section 43 (1) of the Act requires that a by-law be passed to establish one or more dates for an advance vote and the hours during which voting places shall be open on that date or dates. Prior to 2000, advance polls were held the Saturday 10 days prior to and the Wednesday immediately prior to the election. Bill 212, in its current form, changes voting day to October 25,2010. To better serve our electors, staff recommends increasing our advance voting opportunities as follows: Date Time General Location Sat., October 16 10:00 a.m. - 5:00 p.m. One location per ward Sun., October 17 10:00 a.m. - 5:00 p.m. One central location in Bowmanville, open to all electors Mon., October 18 & 10:00 a.m. - 8:00 p.m. One central location in Tues., October 19 Bowmanville, open to all electors Wed., October 20 10:00 a.m. - 8:00 p.m. One location per ward The voting locations for the advance polls have not been determined at this point. Should the proposed voting day (October 25,2010) be changed once Sill 212 receives Royal Assent, these dates will be altered accordingly. 5.3 Accessibility Accessibility issues for both our electors and our election workers will be the subject of a further report once Bill 212 receives Royal Assent and more detailed information on the requirements to be met is available to staff. 1313 REPORT NO.:CLD-027-09 Page 14 of 14 6.0 SUMMARY AND RECOMMENDATIONS This report has been prepared at Council's request for information pertaining to the use of vote tabulation in comparison to a manual count process for the municipal election in 2010. In conjunction with this information, the requirement for the advance poll hour and dates, as well as the need for advertising in addition to the legislated requirements has been addressed. Accordingly, staff is recommending that the by-law to establish the advance polls be passed and that authority be given to the Municipal Clerk to advertise information deemed necessary to raise awareness of the election process in the local newspaper. 1314 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- Being a By-law to provide for advance votes to be held prior to the 2010 Voting Day. WHEREAS Section 43(1) of the Municipa/ Elections Act, 1996, as Amended provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT an advance vote shall be held on Saturday, October 16, 2010 between the hours of 10:00 a.m. and 5:00 p.m. in one location per ward; and 2. THAT an advance vote shall be held on Sunday, October 17, 2010 between the hours of 10:00 a.m. and 5:00 p.m. in one central location in Bowmanville, open to all electors; and 3. THAT an advance vote shall be held on Monday, October 18, 2010 between the hours of 10:00 a.m. and 8:00 p.m. in one central location in Bowmanville, open to all electors; and 4. THAT an advance vote shall be held on Tuesday, October 19, 2010 between the hours of 10:00 a.m. and 8:00 p.m. in one central location in Bowmanville, open to all electors; and 5. THAT an advance vote shall be held on Wednesday, October 20,2010 between the. hours of 10:00 a.m. and 8:00 p.m. in one location per ward. BY-LAW read a first, second and third time this 14th day of December 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1315 CI!J!.-!lJgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 7, 2009 Report #: COD-071-09 File# By-law # Subject: RFP2009-11 - Consulting Services for Garnet B. Rickard Recreation Complex - Energy Retrofit Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report COD-071-09 be received; 2. THAT the proposal received from Efficiency Engineering Incorporated, Cambridge, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2009-11 be accepted for the provision of Consulting Services for the Energy Retrofit project at Garnet B. Rickard Recreation Complex, with a submission including disbursements of $ 89,100.00 (excluding GST); and 3. THAT the funds required be drawn from Account # 110-42-421-84258-7401. ~~- Marie Marano, H,8,Sc" C.M.O., Director of Corporate Services Reviewed by: u ~--= ~ Franklin Wu, Chief Administrative Officer Submitted by: MM\JDB\SM\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-071-09 PAGE 2 1. BACKGROUND AND COMMENT 1.1 Request for Proposal RFP2009-11 was issued for Consulting Services for the Energy Retrofit project at Garnet B, Rickard Recreation Complex as required by the Municipality of Claringt6n's Community Services Department. The RFP was advertised on the Municipality's website as well as the Ontario Public Buyers' website. In addition, a number of potential bidders were advised of the opportunity, 1.2 A total of nineteen (19) firms obtained a copy of this document. Seven (7) submissions were received. Six (6) submissions were deemed to be compliant. The submission from Building Innovations was deemed to be non-compliant due to a conflict established in a previous agreement. See Appendix A for summary of bids received. 1.3 As per the Request for Proposal, these submissions were reviewed and evaluated based on the predetermined criteria by staff of the Community Services Department as well as Purchasing Services, 1.4 As a result of the evaluation committee's review and scoring of the submissions received, three (3) firms, Efficiency Engineering Inc" Cambridge, Virtual Engineers, Richmond Hill and Kleinfeldt Consultants Ltd, Mississauga were short-listed based on their overall scores, These three (3) firms were invited to provide a presentation of their submissions to the Evaluation Committee to better illustrate their understanding of the project, as well as their methodology and approach to completing the project. 1,5 The evaluation team proceeded to interview representatives from each of these three firms as part of the presentation process in order to finalize the selection process. 2. ANALYSIS 2,1, Upon completion of the interviews/presentations for the three firms, Efficiency Engineering Inc" Cambridge was the top ranked firm, 2.2. Staff were impressed with the coverage of the proposed services, proponents' experience and enthusiasm for the project. Reference checks for the subject firm were good. 1402 REPORT NO.: COD-071-09 PAGE 3 3. FINANCIAL 3,1, The Proposal submitted by Efficiency Engineering Inc" Cambridge was in the amount of $89,100.00 (excluding GST). This fee includes disbursements, 3.2, The required funds are to be drawn from Account # 110-42-421-84258-7401 which is within the 2009 budget allocation, 4. CONCLUSION 4,1, Staff are recommending that the proposal from Efficiency Engineering Inc" Cambridge, Ontario be accepted, 4.2, Queries with respect to this project should be referred to the Director of Community Services, 4.3, This report has been reviewed for recommendation by the Purchasing Manager and the appropriate department and circulated as follows: Concurrence: Director of Community Services Attachments: Attachment 1 - Schedule "A", Bid Summary 1403 Schedule "A" ClJJl-!lJgton Bid Summary for RFP2009-11 Consulting Services for Garnet B. Rickard Recreation Complex - Energy Retrofit Firm Total including Disbursement Efficiency Engineering $89,100.00 + GST Cambridge, ON Virtual Engineers $72,500.00 + GST Richmond Hill, ON Kleinfeldt Consultants Limited $ 139,000.00 + GST Mississauga, ON Firms not Short-listed J. R. Freethy Architect . See note below Bowmanville, ON Trow Associates Inc. See note below . Brampton, ON Durham Energy Specialist Limited . See note below Whitby, ON Building Innovations Inc. Non Compliant Toronto, ON · Note: This was a two envelope system for this RFP. Pricing was submitted in a separate sealed envelope therefore only the firms who were short-listed had their pricing envelopes opened. All other pricing envelopes remain sealed and confidential. 1404 Cl~mgron REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY DECEMBER 7th, 2009 Resolution #: Report #: FND-033-09 File #: By-law #: Subject: REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - OCTOBER 2009 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-033-09 be received for information. Submitted by: Reviewed bye) ~~ Franklin Wu, Chief Administrative Officer. NT/LG/hjl 1501 REPORT NO.: FND-033-09 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 October 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 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 OCTOBER 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 $ 39,036.00 3 -Additions $ - 0 $ - 0 Townhouse $ 38,010.00 3 $ - 0 Apartment $ - 0 $ - 0 Commercial $ - 0 $ - 0 Agricultural $ - 0 $ - 0 Government $ - 0 $ - 0 Institutional $ - 0 $ - 0 Industrial $ - 0 $ - 0 TOTAL $ 401,035.00 28 $ 39,036,00 3 927.3% 1502 REPORT NO.: FND-033-09 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 October 2009, there were only 28 units of the forecasted residential units of 82 being issued which equates to 34.2%. For the month of October 2008, there were 3 units of the forecasted residential units of 79 being issued which equates to 3.8%. Comparing the number of units issued in 2009 to 2008, shows that October 2009 has collected 933.3% 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, resulting in a lower volume the next month. MUNICIPAL DEVELOPMENT CHARGES JANUARY TO OCTOBER - 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 $ 2,641,313.00 190 $ 4,814,702.00 511 -Additions $ - 0 $ 322,440.67 31 Townhouse $ 88,690.00 7 $ 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 $ 3,515,502.66 205 $ 5,546,036.81 592 -36.6% 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 34.6% of the units issued in 2008 YTD, For the 2009 YTD, there are 205 units of the forecasted residential units of 820 being issued which equates to 25%. Per the 2008 DC Amendment Study, 983 residential units are forecasted for 2009. For the 2008 YTD, there were only 592 units of the forecasted residential units of 790 being issued which equates to 74.9%. 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 November 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 colle<;:ted 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. 1503 REPORT NO.: FND-033-09 PAGE 4 4,2 For the month of October 2009, $85,287 was paid for building permit fees which represents 170,6% of the 2009 monthly budget (monthly revised budget is $50,000). For comparison purposes, for October 2008, $126,942 was paid for building permit fees which represented 101.6% of the 2008 monthly budget (monthly budget was $125,000), BUILDING PERMIT FEES PER MONTH $500,000 $400,000 $300,000 $200,000 $100,000 $0 ~4.. ~4.. ^V ~v ",,-Y ~ ,v <<,'l/ c:- ~ ~ z~ 'i?-~ ~7>4.. ~'l/ \V ~4.. c} ~ ~ 'l/' ') vti1 ~"O ,if ~"O '" !o...'l/ o~ ,.!,.'l/ c.,'l/~ ~o ~ ~ <.,'l/ <;)'l/ -2007 Actual -2008 Actual -2009 Actual -2009 Budget Revised 4,3 The following line graph illustrates the building permit fees on an accumulated monthly basis for the years 2007, 2008 and year-to-date with the 2009 YTD revised budget. The line from November 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 October 2009 - $664,495. 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 October 31,2009 permit fees of $664,495 is 132,9% of 2009 revised annual budget of $600,000. BUILDING PERMIT FEES CUMULATIVE YTD $2,000,000 $1,500,000 $1,000,000 $500,000 $0 7>'4.. ~4.. 0- ~v ~V _'^'-~ \7> <<,~ ~. z~ 'i?-~ _ ,^,-7>4.. ~'l/ ~. \V ~4.. vc} 'l/' 'l/' ~ ~ ') % ~ if ~"O ~"O 'i?-'5 !o...'l/ 0<7 ,.!,.'l/ <.,'l/ c.,'l/~ ~o <;)'l/ -2007 YTD Actual -2009 YTD Actual -2008 YTD Actual -2009 YTD Budget Revised 1504 REPORT NO.: FND-033-09 PAGE 5 5.0 PLANNING SERVICES REVENUE STATUS 5.1 Planning 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 October that 2009 revenue is around the same as 2008 year's revenue. PLANNING - MONTHLY REVENUE & BUDGET $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $0 .2009 Actual October .2009 Revised Monthly Budget .2008 Actual October .2008 Monthly Budget October Monthly October Budget Budget 2009 Actual 2009 2008 Actual Revised 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 October 2009 are $16,200 and for October 2008 were $16,616, The October revenues as a percentage of each year's monthly budget values: 2009 revised is 104,5% and 2008 was 39,9%, 1505 REPORT NO.: FND-033-09 PAGE 6 PLANNING-ACCUMULATED REVENUE & BUDGET $450,000 $400.000 $350,000 $300.000 $250.000 $200.000 $50,000 SO I I~I . 2009 YTD October .2009 Revised YTD Budget .2008 YTD October .2008 YTD Budget $150.000 $100,000 October YTD Budget I October I 2009 YTD 2009 Revised I 2008 YTD Budget 2008YTD 5.4 The Planning Services accumulated revenues year-to-date as of October 2009 is $142,387 and as of October 2008 were $194,790, The accumulated revenues as a percentage of each year's annual budget values: 2009 revised is 91,9% and 2008 was 46.7%. 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 1506 ClfJLiJJ.glon REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY DECEMBER 7TH, 2009 Resolution #: Report #: FND-034-09 File #: By-law #: Subject: REQUEST OF TONY WOOD FOR FINANCIAL ASSISTANCE RE: TORNADO Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-034-09 be received; and 2. THAT the request from Tony Woods to provide financial assistance to the Jobe/Dalgleish family be respectfully denied. ~ Reviewed by: (_) ~~-~~ Franklin Wu, Chief Administrative Officer. NT /hjl 1507 REPORT NO.: FND-034-09 PAGE 2 BACKGROUND AND COMMENT: 1,0 At the Council meeting held on November 9, 2009, Council passed the following resolution: "THAT Correspondence Item 0-14 from Tony Wood, Chairman, Good Neighbour Committee, with respect to the request for financial assistance for Kim Jobe and Ross Dalgleish, be referred to staff." 1.1 A copy of the original correspondence from Mr. Wood is attached. Mr. Wood's request pertains to the F1 tornado that caused extensive damage at 4535 Walsh Road in Orono on September 28, 2009. Mr. Wood is requesting that the Municipality consider making funds available to assist the Dalgleish's in rebuilding their farm. 1.2 It is truly a difficult scenario when residents are faced with disasters of this nature. Natural disasters are an unpredictable and unforeseen event and can include a number of different types and a wide range of severity. 1,3 The Municipality has an obligation to all taxpayers to keep in mind that precedents are a concern, particularly with natural disasters, but even non-natural such as significant fires. While difficult, it is also understood that it is an individual property owners responsibility with respect to having adequate insurance coverage and all property owners are encouraged to meet with their respective insurance brokers to ensure that their interests are properly protected. Unfortunately, the Municipality and ultimately taxpayers, cannot be the ultimate default for insurance protection. 1.4 With respect to municipal fees, a building permit was issued in November 18th, 2009 at a cost of $1,265.80. As Council is aware, exemptions cannot be granted for building permit fees based on the existing by-law. Plans examination and inspection services will be required of the municipality at various stages of completion. CONCLUSIONS: 2.0 While the Municipality is extremely sympathetic to the plight of the Dalgleish family, it is not within our mandate to fund losses due to natural disasters. It is therefore recommended that the request from Mr. Tony Wood be respectfully denied. Attachments: Attachment 1 copy of correspondence from Tony Wood, Chairman of Good Neighbour Committee CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1508 REPORT NO.: FND-034-09 PAGE 3 Interested Parties: Tony Wood, Chairman Good Neighbour Committee 1509 Attachment 1 '090C130 p\1 1~Ol~30 Thursday, October 29,2009 RECEIVED NDV 0 1 2009 Clarington Council Members MUNICIPALITY OF ClARINGTON COUNCILLOR'S OFFICES Dear Council Members, The Fl Tornado that tore through 4535 Walsh Rd., Orono on September 28,2009 destroyed four barns, fencing, and some personal property and left Kim lobe and Ross Dalgleish in desperate need. This tornado struck on the 2nd anniversary of buying a farm into which Kim and Ross have poured everything they had to make a dream come true. With the help of neighbours, friends, relatives and local business the site has been cleared and is being made ready to rebuild. Construction will start in a couple of weeks. There is never enough insurance to cover this type of massive destruction and for this reason I am asking the Municipality to consider making funds available to assist Ross and Kim in rebuilding their farm. Respectfully yours, jt:J~ J Tony Wood, Chairman Good Neighbour Committee 1510 CI~mgtDn REPORT CHIEF ADMINISTRATIVE OFFICER Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 7,2009 Report #: CAO-009-09 File: By-law #: Subject: CLARINGTON CONCERT BAND Recommendation It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CAO-009-09 be received; 2. THAT permission be granted to the Clarington Concert Band to use or present itself as the Official Town Band of Clarington subject to the terms and conditions attached to this report; and 3. THAT Mr. Colin Rowe of the Clarington Concert Band be advised of Council's decision. ., Submitted by~- (l~-----=e~~ 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-009-09 PAGE 2 1. BACKGROUND 1.1 At a meeting held on March 23, 2009, Council considered the request from the Clarington Concert Band to be designated as the "Official Town Band for the Municipality of Clarington", and referred the matter to the CAO for review and report. 1.2 The CAO recently met with Mr. Colin Rowe, the Past President of the Clarington Concert Band in order to gain a better understanding of the request and at the same time to discuss and explore issues that are relevant to the request. 2. COMMENTS In the review of the request, several factors were considered. 2.1 Precedent The request for the designation as the Official Town Band is unique and certainly the permission to use the word "Official" is a form of endorsement in which the Municipality traditionally does not get involved and there is no established policy or precedence to rely on. 2.2 Practice in Other Municipalities We have contacted several of our neighboring municipalities and they all have some forms of a "Town Band". However, their policies or practices of endorsement or support vary substantially from very loose arrangement to formal agreement. In the absence of best practices, it would appear best for Clarington to develop its own approach to deal this type of request and assess its merit based on local circumstances. 2.3 Financial Consideration Generally speaking, when a third party requests a permission or endorsement, it usually carries with it certain incentives to support the request. In the case of the Clarington Concert Band, this is not possible due to its non-profit nature of the organization. However, it did raise a valid point that it will raise the profile of the 1602 REPORT NO.: CAO-009-09 PAGE 3 Municipality through its public performance both within and outside the municipalities. In its proposal to the Municipality, the Clarington Concert Band has made it very clear that it is not using the designation or permission to seek additional financial assistance from the Municipality. This should alleviate any fear of setting a precedent for other groups or organization to follow. 2.4 Other Bands In consideration of the request from Clarington Concert Band, the Municipality should be cognizant of the existence of other bands in the communities. Therefore, Clarington Concert Band must possess the conditions that make it unique or special that it would be worthy of the "official" designation. In this regard, Clarington Concert Band is the only fully established community concert band or wind ensemble. It has performed at many public community events and has unofficially represented the Municipality in events outside Clarington. The only other concert band in Clarington is the New Horizon Band which primarily caters to seniors and beginners. 3. TERMS AND CONDITIONS Based on the foregoing comments, it would be prudent that the matters raised should be properly documented as terms and conditions under which the permission for the Clarington Concert Band refers itself as the "Official Town Band of Clarington" is granted. These conditions (Attachment No.1) have been reviewed with Mr. Colin Rowe who advised that the Executive Committee of the Clarington Concert Band has accepted the terms without amendment. 4. CONCLUSION Staff agree that the Clarington Concert Band will promote and raise the profile of the Municipality. We are also satisfied that the terms and conditions will safeguard the Municipality from potential risk and liability. Therefore, we respectfully recommend Council to approve the recommendations contained in this report. 1603 ATTACHMENT NO.1 TO REPORT CAO-009-09 Permission to the Clarington Concert Band to be known as the Official Town Band of Clarington Terms and Conditions The Corporation of the Municipality of Clarington hereby grants to the Clarington Concert Band the permission to present itself as the Official Town Band of Clarington subject to the following terms and conditions: 1. Clarington Concert Band shall not use the permission to market or promote its products or services for the purpose of commercial gain or profit. 2. Clarington Concert Band shall at all times maintain a high level and quality of public musical performance worthy of the permission. 3. The permission is solely granted to the Clarington Concert Band and is not transferrable. 4. Clarington Concert Band acknowledges that the permission carries no financial support from the Municipality other than those secured through the Municipal Grant Program. 5. Clarington Concert Band acknowledges that the Municipality of Clarington assumes no liability with respect to the granting of this permission. 6. The Municipality reserves the right to terminate this permission or modify the terms and conditions with prior notice to the Clarington Concert Band. The Clarington Concert Band accepts the terms and conditions set out above. I have the authority to bind the Corporation Date: 1604 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2009- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and The Clarington Concert Band to authorize the Band to present itself as the Official Town Band of Clarington WHEREAS, in accordance with section 8 of the Municipal Act 2001, as amended the Municipality of Clarington may enter into an agreement with another party; WHEREAS the Clarington Concert Band has requested to be designated as the Official Town Band for the Municipality of Clarington; and WHERE Council deems it appropriate to designate the Clarington Concert Band as the Official Town Band for the Municipality of Clarington as it will promote and raise the profile of the Municipality, NOW THEREFORE COUNCIL 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, an agreement between the Clarington Concert Band and said Corporation; and 2, THAT the contract attached hereto as Schedule "A" forms part of this By-law, BY-LAW read a first, second and third time this day of December 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1605 Clarington M E M O Ieaddngt&e Way CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti Barrie, Clerk Date: December 4, 2009 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA -DECEMBER 7, 2009 -UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, December 7, 2009: 5. PRESENTATIONS (b) Jennifer Cooke, Manager of Communications and Marketing, Regarding BizPal Demonstration This presentation is removed and will be rescheduled to a future meeting. (d) Dave McCauley from Natural Resources Canada and Bob Neufeld from the Port Hope Area Initiative Management Office Regarding Property Value Protection Program This is a change to the speakers. 6. DELEGATIONS See attached Final List. (Attachment #7) See attached excerpt from Section 83 of the Municipal Elections Act, which is being circulated at the request of Mr. Richard Ward, as part of his delegation (Attachment #2) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 8. (d) PSD-116-09 Amendment to Application Fees By-law Planning and Development Applications Replacement for page 3 of Report PSD-116-09 (Aftachment #3) //' -~%/i Patti L. Barrie, Clerk PB/jeg Enc. cc: F. Wu, Chief Administrative Officer Department Heads Attachment #1 to Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: December 7, 2009 (a) Richard Ward, Regarding Implications Resulting from Compliance Audit of John Mutton (b) Valentine Lovekin, Regarding Newcastle Recycling Ltd. (c) Gerry Mahoney, Regarding Property Value Protection Program (d) AI Storie, Regarding Mr. Alfie Shrubb Attachment#2 To Update Memo For December 7, 2009 GPA Meeting The following excerpt from Section 83 of the Municipal Elections Act is being circulated at the request of Mr. Richard Ward, as part of his delegation to the Committee on December 7, 2009: Controverted Elections Application 83.(1) A person who is entitled to vote in an election may make an application to the Superior Court of Justice requesting that it determine, (a) whether the election is valid; (b) whether a person's election to an office in the election is valid; (c) if a person's election to an office is not valid, whether another person was validly elected or is entitled to the office; (d) if an election is not valid or a person's election to an office is not valid, whether a by-election should be held. 1996, c. 32, Sched., s. 83 (1 ); 2002, c. 17, Sched, D, s. 34 (1). Time The application shall be commenced within 90 days after voting day. 1996, c. 32, Sched., s. 83 (2). Summary procedure The application shall be dealt with in a summary manner, without application records or factums. 1996, c. 32, Sched., s. 83 (3). Service (3_.1~ The applicant shall serve a copy of the application on the clerk or secretary of the municipality or local board to which the application relates within 5 days after the day the application was made under this section. 2002, c. 17, Sched, D, s. 34 (2). No other avenue A proceeding to determine a matter described in clause (1) (a), (b), (c) or (d) may be commenced only under subsection (1). 1996, c. 32, Sched, s. 83 (4). Compensation (~ If the court orders that a by-election be held, it may make such order as it considers just against a person whose act or omission unlawfully affected the result of the election, for the compensation of candidates at that election. 1996, c. 32, Sched., s. 83 (5). Effect of procedural irregularities (~ The court shall not determine an election to be invalid if, (a) an irregularity described in subsection (7) occurred at the election but did not affect the result of the election; and (b) the election was conducted in accordance with the principles of this Act. 1996, c. 32, Sched, s. 83 (6). Same Clause (6) (a) applies to the following irregularities: 1. An irregularity on the part of the clerk or in any of the procedures before voting day. 2. Failure to have a voting place open at the appointed location and time. 3. Non-compliance with a provision of this Act or of a regulation, by-law, resolution or procedure made, passed or established under this Act, dealing with voting, counting of votes or time requirements. 4. A mistake in the use of forms, whether prescribed or not. 1996, c. 32, Sched, s. 83 (7). REPORT NO.: PSD-116-09 PAGE 3 2.0 REVISIONS TO FEES AND NEW FEES 2.1 General Increase in Fees The majority of the planning application fees are comparable. with fees charged by the other lakefront municipalities, although considerably lower than some fees charged to the west and north of Toronto. Staff propose an increase of 3% across the board reflective of the staff salary increase, however a few specific fees are recommended a more substantial increase. In a few cases, a new fee is proposed where one was not previously collected. In addition, it is proposed to establish 2011 fees with a 3.25% increase, reflective of the staff salary increases. Staff may also undertake a more comprehensive review in-2011 if warranted. Attachment 2 details the existing and proposed fees as well as the comparable fee in the other four municipalities. 2.2 Neighbourhood Design Plans Neighbourhood Design Plan Applications are large scale and often involve coordination with significant studies such as watershed or sub-watershed studies. They are also very detailed, considering servicing, transportation, natural features, density and design issues providing guidance for future plans of subdivision within the neighbourhood. An increase from $10,000 to $15,000 is proposed, to better reflect the amount of staff time in reviewing, negotiating, hosting an open house and drafting involved in such applications. 2.3 Official Plan Amendments Official Plan Amendments are proposed to be increased. The increase is reflective of additional time and effort stemming from changes to provincial legislation, such as Bill 51 changes to the Planning Act, the Greenbelt Plan and the Growth Plan. The fees are proposed to increase as follows: the major fee from $8,000 to $12,000 and the minor fee from $4,000 to $5,000. 2.4 ~ ~ m ~ ~ i f !!' !i , , ~g = Lift Part Lot E1,779+$222/unit $535+$25lunit $175lunit $1,273+cost of $500+$25lunit Control to a maximum of Registration of By- to a maximum $5,000 law but, includes of $5,000 extensions Part Lot Control The current fee of lifting part lot control is not as .much as some other municipalities (see Attachment 2) and an increase from: $500 plus $25 per unit to a maximum of $5,000 to: $750 plus $50 per lot to a maximum of $8,000 is recommended. HANDOUTS PRESENTATIONS Clarington Physician Recruitment Presentation to Clarington Council December 7, 2009 Clarington Physician Recruitment As of Dec. 7, 2009 we have 47 doctors working in our community. According to the Ministry of Health and Long-Term Care we should have a complement of 56 –our vacancy rate is now 9 positions. Clarington Physician Recruitment Physicians Recruited Physicians Recruited in 2007in 2007 •Dr. Belfor •Dr. Ladak •Dr. Go Clarington Physician Recruitment Physicians Recruited Physicians Recruited in 2008in 2008 •Dr. Torkian •Dr. Ahmed •Dr. Dye Clarington Physician Recruitment Physicians Recruited Physicians Recruited in 2009in 2009 •Dr. Marcoux •Dr. Ali •Dr. Bharucha •Dr. Stewardson •Dr. Azi •Dr. Torkianleft practice in Sept. 09 Clarington Physician Recruitment Reasons For Success ? Strong Partnerships ? Commitment of existing Doctors ? Practice style ? Community commitment ? Proximity ? Clarington Physician Recruitment Current Challenges ? We are currently waiting for the Ministry of Health and Long- ? Term Care to make a decision on our Rural Designation Without our Rural Designation, Immigrant Medial Graduates ? would not qualify to do their Return of Service in our community Clarington Physician Recruitment New Opportunity ? Quebec –no transitional exams ? United States –process being streamlined ? Clarington Physician Recruitment Today… ? We continue to focus our recruiting efforts on graduates and ? learners from 5 medical training schools in Ontario Starting to reach out to Quebec and United States ? Connecting….. ? Residents being trained at Bowmanville hospital. ? Attending Pairo (Professional Association of Interns and ? Residents of Ontario)job fair. Promotion through associated organizations. ? Clarington Physician Recruitment Current Contacts ? Today our A-List consists of… ? 40 residents we are in regular contact with and 3 are ? considered “hot” prospects. Clarington Physician Recruitment Thank you for entrusting the Clarington Board of Trade with this very important community development program. Nuclear Emergency Management Program -2009 Update - Ivan Ciuciura Director of Emergency Management Durham Emergency Durham Emergency Management Office (DEMO)Management Office (DEMO) 5 x staff ? Responsibilities: ? Emergency management program – : Plans • Training • Exercises • Public Education • Assist in coordinating – emergency operations On-call Duty Officer 24/7 ? Emergency Management Emergency Management ProgramProgram Plans ? Training ? Exercises ? Public Education ? * includes nuclear Provincial Community Emergency Provincial Community Emergency Management StandardsManagement Standards 2004 • Coordinator ? By-Law ? 2005 • Risk Profile ? Plan ? 2006 • Operations Centre ? Annual training 2007 • ? Emergency information ? officer 2008 • Public Education ? Regional Hazard AnalysisRegional Hazard Analysis Adverse weather ? Hazardous materials ? spill/release Mass casualtyevent ? Provincial Plan Provincial Plan --PNERPPNERP Provincial Nuclear Emergency Response ? Plan (PNERP). Approved by Cabinet February 2009. ? Draft Pickering and Darlington site ? specific planshave been issued. Hope to send to Cabinet by end of year. New PNERP: Major ChangesNew PNERP: Major Changes Public Alertingstandard extended to ? 10 km zones PNERP: changesPNERP: changes Evacuation Strategy –“all routes ? out” approach. Response SectorsResponse Sectors Evacuation StrategyEvacuation Strategy 1Priority: evacuate out of st 1. 10 km zone using all routes. Self decontaminate, then 2. monitor at smaller and more numerous centres. Evacuation Study Evacuation Study ––Pickering Pickering Modelling by U.S. consultant ? 5:40 6:30 (best case); (worst case) ? PNERP Changes:PNERP Changes: Emergency Information –no Joint ? Information Centre PNERP changes:PNERP changes: Designated “Host municipalities” – ? reception, care and shelter of people evacuated. EMCPA. Provincial powers – ? Province can issue directives and emergency orders. Training and ExercisesTraining and Exercises Nuclear Notificationfax drills ? Tritium emissionfax drills ? 8 x Municipal Exercises (Oct) ? Evacuation Centre, Ajax (Oct) ? Autodialer system (Dec) ? Public EducationPublic Education Nuclear pamphlet ? Pandemic ? Pets and evacuations ? Community events (example: in 2008 ? DEMO staff spent 65 hours at 14 different community events) Water bill inserts (110,000 x 2) ? Web ? Operations Operations ––20092009StatisticsStatistics Classified PNERP Nuclear Events 5 (5) - Reportable Event Notifications Public Interest Notification Events/Fax Tests 139 (99) - Minor event Notifications (OPG) Regional Events–Significant Notifications 12 (10)- Oshawa train derailment -Apartment fires, old Lantic Sugar Regional Events–Minor Events 122 (78) - Weather Advisories - High Water Advisories 3 Km Public Alerting 3 Km Public Alerting --UpdateUpdate Pickering -4 sirens ? Clarington –14 sirens ? All sirens and control ? equipment installed. System is now functional, can ? be sounded. Training, documentation, ? completed. Sound tests –additional sirens ? required in Pickering Siren SystemSiren System Activation Unit ScreenshotActivation Unit Screenshot What To Do If a Siren SoundsWhat To Do If a Siren Sounds GO-indoors. ? LISTEN-to local radio/TV. ? FOLLOW-directions on ? what to do. Questions?Questions? An Overview of the Property Value An Overview of the Property Value Protection (PVP) ProgramProtection (PVP) Program Presentation to the General Purpose and Administration Committee, Municipality of Clarington December 7, 2009 1 Presentation Outline Presentation Outline 1.Overview of the PVP Program 2.Process for Claims and Appeals 3.PVP Experience to Date 4.Summary 2 Overview of the PVP ProgramOverview of the PVP Program PVP Program is an integral part of 2001 • Legal Agreement between Government of Canada and Municipalities PVP mitigates risk by safeguarding • property owners’ investment from project-related effects PVP Program is unique in both its • approach and execution 3 Overview of the PVP ProgramOverview of the PVP Program Who is Protected? Own property within PVP Zone • Loss occurred between • October 6, 2000 and end of PVP Program Demonstrate evidence of • project-related effect 4 Overview of the PVP ProgramOverview of the PVP Program Compensation offered for 3 types of losses: Loss on sale and/or delayed sale expenses • Property sells for less than its fair market value ? Loss on rental income • Owner of rental property unable to rent units for market value ? Mortgage renewal problems • Owner has difficulty renewing mortgage at current market rates ? For all losses: Project effect must be demonstrated 5 Process for Claims and AppealsProcess for Claims and Appeals Three-Step Claims Process: Step 1: Claimant makes application •Property seller finalizes deal with potential buyer •Files an application with PVP Program, and •Provides PVP with relevant papers confirming property sale 6 Process for Claims and AppealsProcess for Claims and Appeals Three-Step Claims Process: Step 2: Claim is Analyzed •Independent appraisal conducted •Confirms property was adequately exposed to market •Determines project-related effects •Establishes property’s unaffected fair market value 7 77 Process for Claims and AppealsProcess for Claims and Appeals Three-Step Claims Process: Step 3: Decision •Unaffected fair market value subtracted from selling price equals compensation •Entire process takes approximately one month •Claimant receives compensation cheque shortly after PVP decision is accepted and sale closes 8 88 Process for Claims and AppealsProcess for Claims and Appeals Appeals: Claimant has up to sixty (60) days to appeal decision • Appeal process is non-adversarial, involving mediation and • arbitration if necessary Cases are heard by Compensation Officers nominated by • municipalities and appointed by Government of Canada Compensation Officers are independent from PVP and • PHAI and are known within the community 9 PVP Experience to Date PVP Experience to Date Performance of PVP Program: Total claimants to date: 22 • (Port Granby Project: 5; Port Hope Project: 17) Claims accepted in full or in part: 14 • Claims pending: 2 • Total compensation paid to date: Approx. $400,000 • (Port Granby represents just under half) Claims appealed: 3 • (Two resulted in additional payouts, PVP decision upheld in one) 10 PVP Experience to Date PVP Experience to Date Lessons Learned: Pre-sale Appraisals: • Little buyer interest ? Evidence of project-related effect ? Owner willing to adjust price ? Conditional Claims: • Provides client with compensation figure prior to finalizing sale ? 11 SummarySummary PVP Program was established to provide compensation for property • owners who incur losses as a result of project-related effects In cases where PVP staff and motivated property sellers work • together, the Program is successful Appraisers and Compensation Officers are independent and operate • at arm’s length from the PVP Program PVP staff are committed to make the Program work effectively • 12 Presentation to Clarington Council December 7, 2009 TDM in Durham What challenges are we facing? ? What action has the Region taken? ? Why is TDM needed? ? What is Smart Commute? ? How does Smart Commute work? ? Support for Carpooling? ? Challenges Challenges 1000 Rapid Growth ? 800 Population + Jobs = ? Traffic 600 Person trips will likely ? 400 double as we approach 2031 200 0 20062031 PopulationEmployment Congestion in Durham Durham roads will be congested Recent Trends Vehicle occupancy is declining ? Transit ridership as a % of total trips is declining ? Peak period traffic is getting longer ? Actions to date Regional Actions (Supply Side) Road Expansion ? Transit Expansion ? Transit Programs (GO Bus, U-Pass) ? Planning Policies ? Provincial Lobbying (407/Interchanges/GO Rail) ? Why TDM? SUPPLYDEMAND Adding infrastructure Strategies to optimize alone is: our transportation system and resources Expensive - Not sustainable - Not adequate - What is TDM? Core Measures Supporting Measures transit ? parking management ? carpool ? incentives ? vanpool ? marketing and promotion ? cycling and walking ? emergency ride home ? alternative hours / ? on-site amenities and compressed work week? TDM-friendly design tele-working ? A “Solution” What is Smart Commute? Two tiered organization ? SC-Metrolinx –develops standards for program, ? broad outreach and promotion, maintain ridematching services SC-Durham –delivers services locally to ? employers What is Smart Commute? New HQ –1200 ? employees Transit Passes sold on ? site Adjusted Transit Service ? Carpool Program – ? designated space, ERH program Cycling –installed racks ? Helping Employees Commute Reduce cost of ? commuting Associated health benefits ? Reduce stress from ? commuting Increase morale and ? productivity Benefits to Employers Improve employee ? recruitment and retention Reduce time due to illness ? Reduce traffic congestion ? and parking requirements Lower facility costs ? Enhance your corporate ? image How does Smart Commute work? Step 1 -Contact and ? Recruitment ?Challenges being faced ?Opportunities for new ways for commuting ?Expectations and desired results ?Join Us! How does Smart Commute work? Step 2 –Survey and Site ? Assessment ?On-line or paper survey ?Current commuting patterns and behaviour ?Likelihood of changing their behaviour ?Identify barriers ?Showers, change rooms, lockers, bike racks, pathways, bus stop locations How does Smart Commute work? Step 3 –Develop a ? Program ?Customized ?Short and long term actions ?Core measures and support measures How does Smart Commute work? Step 4 –Implementation ? ?Gain employee commitment ?Marketing, outreach, promotion ?Lunch n’ Learn, Ridematching, Commuter Challenge How does Smart Commute work? Step 5 –Follow up ? ?Monitoring –gauge your results ?Refine your program Support for Carpooling Online Ridematching ? Service –Carpool Zone Preferred Parking ? Parking Signs and Tags ? Emergency Ride Home ? Outreach and Education ?