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Home My WebLink About07/05/2010 ClfJ!iJlglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: PLACE: July 5,2010 9:30 A.M. COUNCIL CHAMBERS 1. MEETING CALLED TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ANNOUNCEMENTS 4. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of a Regular Meeting of June 21,2010 401 5. PRESENTATIONS No presentations 6. DELEGATIONS (Draft List at Time of Publication - To be Replaced with Final List) 601 (a) Kevin Anyan, Regarding Rotary Ribfest Update (b) Michael Hackenberger, Bowmanville Zoo, Regarding Report PSD-086-10" Regarding Proposed Official Plan Amendment, Proposed Zoning By-Law Amendment, Proposed Fence By-law Amendment and Proposed Draft Plan of Subdivision to Permit the Development of 541 Residential Units, to Delete a Public Elementary School Symbol and Increase the Medium and Low Density & Total Units in the Neighbourhood Applicant: Far Sight Investments Inc. 7. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law Applicant: 1 Hartwell Bowmanville Inc. Report: PSD-082-10 701 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 G.P. & A. Agenda '- 2 - July 5, 201 ( (b) ApplicaUon to Amend the Zoning By-law 703 Applicants: Henk and Lisa Mulder Report: PSD-083-10 (c) Application to Amend the Zoning By-law and the Official Plan 705 Applicants: Mike Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone Report: PSD-084-10 (d) Application to Amend the Zoning By-law 708 Applicant: Barr's Development Report: PSD-085-10 8. PLANNING SERVICES DEPARTMENT (a) PSD-082-10 To Permit the Development of a 1643 sq.m., Three Storey 801 Building for a Professional Dental, Medical Office With Pharmacy and Associated Parking Area (b) PSD-083-10 Application to Amend Zoning By-Law 84-63 to Facilitate a 812 Lot Boundary Adjustment and to Permit a Greenhouse Expansion by Increasing the Maximum Permitted Lot Coverage for Agricultural Buildings from 46.25% in Addition to Permitting a Second Dwelling for Farm Employee Use Only Applicant: Henk and Lisa Mulders (c) PSD-084-10 Official Plan Amendment and Zoning By-Law Amendment 825 Applications to Permit the Development of Eight New Lots for Single Detached Dwellings Applicant: Mike Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone & Russell Stone (d) PSD-085-10 Application for Proposed Zoning By-law Amendment 837 Applicant: Barr~s Development Limited (e) PSD-086-10 Proposed Official Plan Amendment, Proposed 846 Zoning By-Law Amendment, Proposed Fence By-law Amendment and Proposed Draft Plan of Subdivision to Permit the Development of 541 Residential Units, to Delete a Public Elementary School Symbol and Increase the Medium and Low Density & Total Units in the Neigh bou rhood Applicant: Far Sight Investments Inc. G.P. & A. Agenda - 3 - July 5, 201 ( (f) PSD-087-10 Application for Removal of Holding Symbol 891 Applicant: Hannu Halminen (g) PSD-088-10 Request for Air Quality By-law 897 (h) PSD-089-10 Application for Removal of Holding Symbol 899002 (i) PSD-090-10 Proposed Official Plan and Zoning By-Law Amendment to 899009 Permit a Restaurant with a Drive-Through Facility and a Fuel Bar with a Convenience Store and a Car Wash Facility 9. ENGINEERING SERVICES DEPARTMENT (a) EGD-021-10 Kendal Drainage Review 901 (b) EGD-022-10 Horsey Street Public Information Centre 914 (c) EGD-023-10 Port of Newcastle Subdivision Phase 1 Stage 5, Plan 920 40M-2220, Newcastle, 'Certificate of Acceptance' and 'Assumption By-laws'. Final Works including Roads and Other Related Works (d) EGD-024-10 Clarington/Port Hope Boundary Road Agreement 926 Clarington/Kawartha Lakes Boundary Road Agreement 10. OPERATIONS DEPARTMENT No Reports 11. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 12, COMMUNITY SERVICES DEPARTMENT No Reports 13. MUNICIPAL CLERK'S DEPARTMENT (a) CLD-021-10 Appointments to Clarington Municipal Election Compliance 1301 Audit Committee (Applications distributed under Separate Cover) (b) CLD-022-10 Amendments to Taxi By-law 1308 G.P. & A. Agenda -4- July 5, 201 ( (c) CLD-023-10 Ballot Question, RE: Election of Regional Chair 1314 (d) CLD-024-1 0 Lottery Licence Application Review - By-law Amendment 1322 14. CORPORATE SERVICES DEPARTMENT (a) COD-038-10 Great West Life Benefit Renewal 2010-2011 1401 (b) COD-039-10 Co-operative Tender T-530-2010 Armoured Car Services 1419 (c) CO D-040-1 0 CL2010-5, Surface Asphalt Various Locations 1423 (d) COD-041-10 Tender CL201 0-24, Pavement Rehabilitation, Various 1431 Locations (e) COD-042-10 Tender CL201 0-22, Squire Fletcher Parkette Development 1443 (f) COD-043-10 Information Report - Clarington Older Adults Association- 1450 Memorandum of Understanding (g) COD-044-10 Joint Health and Safety Committee - 2009/2010 Summary 1481 (h) COD-045-10 Purchasing By-law - Update 2010 1488 (i) COD-047-10 Lease Agreement - Durham Central Agricultural Society 1494 Orono Fair Grounds 15. FINANCE DEPARTMENT No Reports 16. SOLICITOR'S DEPARTMENT See Item 21, Confidential Reports 17. CHIEF ADMINISTRATIVE OFFICE No Reports 18. UNFINISHED BUSINESS (a) Addendum 3 to PSD-067-09 Status Report: Appeal to the Ontario Municipal Board by Smooth Run Developments Inc. (Metrus Developments Inc.) and Brookfield Homes (Ontario) Limited on Applications in the Village North Neighbourhood in Newcastle 1801 G.P. & A. Agenda - 5- July 5, 201 ( 19. OTHER BUSINESS 20. COMMUNICATIONS 21. CONFIDENTIAL REPORTS (a) SOL-002-10 Ontario Municipal Board Appeal Application to Amend Zoning By-law 84-63 to Permit the Development of Two (2) Single Detached Lots Fronting onto Boswell Drive Applicant: Green Martin Holdings Ltd. 22. ADJOURNMENT c;1.fJ.!-!lJglOn General Purpose and Administration Committee Minutes June 21,2010 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 21,2010 at 9:30 a.m. in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper (until 12:06 p.m. and returned at 1 :40 p.m.) Councillor M. Novak Councillor G. Robinson Councillor C. Trim (until 9:53 a.m. and returned at 11 :02 p.m.) Councillor W. Woo Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana (until 1 :32 p.m.) Director of Engineering Services, 1. Cannella (until 1 :32 p.m.) Deputy Treasurer, Lori Gordon (until 1 :32 p.m.) Director of Operations, F. Horvath (until 1 :32 p.m.) Acting Director of Planning Services, F. Langmaid (until 1 :32 p.m.) Director of Corporate Services & Human Resources, M. Marano (until 1 :32 p.m.) Director of Emergency & Fire Services, G. Weir (until 1 :32 p.m.) Municipal Solicitor, A. Alison Municipal Clerk, P. Barrie Clerk II, J. Gallagher (until 1 :32 p.m.) Mayor Abernethy chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. ANNOUNCEMENTS Councillor Novak announced that she had attended the following: . The opening of Community Care Durham Clarington on Tuesday, June 15, 2010 at the Garnet B. Rickard Recreation Complex. - 1 - 401 General Purpose and Administration Committee Minutes June 21, 2010 . Robinson Creek & Tooley Creek Watershed Management Plan Public Information Session on Thursday, June 17,2010 at the South Courtice Arena. She added that on Tuesday, June 29,2010 from 7-9pm, there will be a Courtice Mainstreet Study Secondary Plan Update at the Courtice Complex. . 7th Annual "Y Wish Shelter Starry Nights Dinner & Dance" in Oshawa at the Jubilee Pavilion, in support of the YWCA celebrating women and children on Friday, June 18, 2010. Councillor Hooper announced that on Thursday, June 17, 2010 he attended the Accessibility Expo, the first one in Durham Region. He congratulated the team that organized the event. Councillor Hooper stated that the Fabulous Fifties indowntown Bowmanville was well attended. He thanked Mr. Horvath and his team for assisting in this event. He mentioned that there was a truck on display at the event, for the last time prior to being inducted into the Ford Motor Company Museum. Councillor Foster asked that Councillor Hooper congratulate Downtown Business Improvement Association for the Fabulous Fifties event. Councillor Foster announced that, on Thursday, June 17, 2010, he attended the 10th Anniversary of the Good Shepherd Catholic Elementary School in Courtice. Councillor Woo: · thanked the Downtown Business Improvement Association for the Fabulous Fifties event and noted that Elvis Presley (from Keene) was in attendance. · announced that he had attended the 'Walk a Mile in Her Shoes" event on Saturday, June 19, 2010 in support of Bethesda House. · announced that the Lions Duck Derby, held on Saturday, June 19,2010, was a success. · announced that there were many events coming up with Canada Day in Newcastle. MINUTES Resolution #GPA-359-1 0 Moved by Councillor Robinson, seconded by Councillor Foster THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on June 7, 2010, be approved. CARRIED - 2 - 402 General Purpose and Administration Committee Minutes June 21, 2010 PRESENTATIONS Dean Jacobs, Planner made a presentation regarding Report PSD-079-10, with respect to the Technology Park Secondary Plan, an amendment to the Official Plan. Mr. Jacobs explained that the objectives of the business park were as follows: to build a cluster of industries to leverage further development, enhance and diversify Clarington's employment base, complement the planned Energy Park, support downtown business and potentially the Region and Province, and establish a gateway to Bowmanville, economic objective of Council's Corporate Strategic Plan 2007-2010. He described that the subject lands consist of 142 hectares bound by Haines Road, Highway 2, Bennett Road and Highway 401. Mr. Jacobs provided the Committee with the background of the Technology Park including the public consultation sessions. He explained that there are six phases of the project and that currently we are in the fifth phase, the preparation of the Secondary Plan and Zoning By-law. Mr. Jacobs explained the key elements of the Secondary Plan which include the roads, the environmental protection area, and the employment areas. He described the other proposed land uses for the area including light industrial area, and mixed use corridor special study area. Mr. Jacobs concluded by explaining that the next steps are as follows: adoption of the Secondary Plan by Council, meet with all the property owners to review zoning, preparation of Zoning By- law to implement Secondary Plan (to be presented to Council in September 2010), meet with Region, CBOT and property owners to establish marketing approach and incentives strategy, Environmental Assessment for servicing by Region, and Streetscape Implementation Plan and Infrastructure Master Plan. Will McCrae, AECOM made a presentation regarding Report EGD-020-10, the Mill Street Pedestrian Tunnel Status Update - Newcastle Village. Mr. McCrae noted that this is a project that has been ongoing since the 1990's. He provided the Committee with an overview of the project history which included: discussions with CN Rail, facilitation meeting, draft geotechnical investigation which resulted in concerns regarding the feasibility of conventional construction methods, potential tunnelling options researched, revised draft geotechnical investigation, stakeholder meeting, and a recommendation for a preferred option "Pipe Arch Tunnel - Steel Pipe Roof Reinforcement Method". Mr. McCrae noted that some of the conditions from CN are uninterrupted rail traffic, overnighUweekend only construction blocks, shortage of CN track crews, likelihood of unanticipated work stoppages. He noted that there would be the challenge of soil conditions and proximity of local residents. Mr. McCrae explained that the Pipe Arch Tunnel is designed to pass beneath an existing highway, which is driven through mixed face of highway fill, native soil and decomposed rock. He noted that this method was used in Atlanta, Georgia on a much larger scale. Mr. McCrae explained that this method uses horizontal piles with interlock using a modified pile- driver hammer. He noted that the benefits of this method is a weekday construction, shortened construction schedule, decreased environmental impact, reduced potential for settlement of rail bed, eliminates need for CN-imposed construction windows, reduces need for CN flagmen, addresses challenging soil conditions, and reduces - 3 - 403 General Purpose and Administration Committee Minutes June 21, 2010 complexity and risk associated with conventional construction methods. Mr. McCrae stated that CN is in favour of this method but requested a test drive of the pile system. He outlined the preliminary project schedule which started preliminary design in May 2010 and includes start of construction in October, 2010. DELEGATIONS Heather Rutherford, representing Clarington Wind Concerns, was present regarding Report PSD-078-10, with respect to the Green Energy Act, in particular industrial wind turbines. She informed the Committee that she is representing hundreds of concerned residents. Ms. Rutherford informed the Committee that, in April 2010, the Ontario Power Authority granted two industrial wind farms in Clarington. She noted that the' biggest concerns are symptoms reported from proximity to wind turbines, including: sleep deprivation, migraine headaches, ear pain and tinnitus, nausea, nosebleeds in children, cardiac problems, cognitive impairment, and memory loss. Ms. Rutherford quoted several doctors who have studied patients living within 3500 feet of wind turbines. She stated that she is concerned about the recent comments of the Chief Medical Officer of Ontario, Dr. Arlene King that lithe scientific evidence available does not demonstrate a direct causal link between wind turbine noise and adverse health effects". She is also concerned about ice throw, flying debris, and fires. Ms. Rutherford stated that wind turbine companies are not required to report these issues, so it is difficult to gauge the number of these incidents. She is also concerned about the visual impact of the wind turbines. Ms. Rutherford stated that municipal property assessments may be negatively affected. She is concerned that the industrial wind turbines will infringe on the Canadian Charter of Rights. Ms. Rutherford reminded the Committee that the Municipality of Clarington is on record as supporting a resolution from the City of Kawartha Lakes. She urged the Committee to pass a by-law similar to Arran- Elderslie By-law 14-10 which requires a building permit for a wind turbine to be issued when it is accompanied by certificates from Health Canada and four other provincial ministries confirming that the development will"benefit or will not harm any resident" of the municipality. Ms. Rutherford stated that she and her family live in fear of their health every day regarding the possibility of wind turbines. Bryce Jordan informed the Committee that Phil Lack would not be present. Kevin Hoskin and Bryce Jordan were present regarding Report PSD-079-10, proposed amendments to the Clarington Official Plan and Zoning By-law for the Clarington Technology Business Park Secondary Plan. They stated that one of the public meetings indicated that the land owners would be adequately compensated. In addition, the discussion at the public meeting focussed on the definition of the storm pond and the surrounding lands. Mr. Jordan stated that by designating the lands as environmental protection will negatively impact the property value since it would restrict the number of uses for the property. Mr. Jordan concluded by asking that either the - 4 - 404 General Purpose and Administration Committee Minutes June 21, 2010 designation revert to the 2007 (Le, the preliminary map) designation or that this matter be deferred until a discussion takes place with Planning Services staff. RECESS Resolution #GP A-360-1 0 Moved by Councillor Robinson, seconded by Councillor Woo THAT the Committee take a 10 minute recess until 11 :02 a.m. CARRIED The meeting reconvened at 11 :02 a.m. Councillor Novak chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend the Zoning By-law Jim Hamilton, Welcome Feeds PSD-075-10 Mitch Morawetz, Junior Planner, made a verbal and PowerPoint presentation to the Committee regarding the application. No one spoke in opposition to or in support of the application. Glenn Genge, Planning Consultant, B.G. Biddle & Associates and Mr. Hamilton, the applicant, were present to answer questions. Mr. Genge stated that regarding concerns related to the well and septic, there will be a new well and septic constructed. He also stated that, he does not perceive any issues with traffic or lighting as these issues have been addressed. In summary, Mr. Genge questioned whether there is a possibility to pass the by-law soon instead of waiting for another Planning Report. - 5 - 405 General Purpose and Administration Committee Minutes June 21, 2010 PLANNING SERVICES DEPARTMENT PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A FARM-RELATED COMMERCIAL USE - 2165 HIGHWAY 2, MAPLE GROVE APPLICANT: JIM HAMILTON, WELCOME FEEDS Resolution #GPA-361-10 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD-075-10 be received; THAT, since no significant issues were raised at the Public Meeting, the rezoning application submitted by Jim Hamilton be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-075-10 be passed; and THAT all interested parties listed in Report PSD-075-10 and any delegations be advised of Council's decision. CARRIED DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT RESPONSE TO INFORMATION REQUEST FROM JOINT REVIEW PANEL Resolution #GPA-362-1 0 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-076-10 be received and approved as the Municipality of Clarington's response to the letter dated March 25, 2010 from Mr. Alan Graham, Chair of the Joint Review Panel for the Darlington New Nuclear Power Plant Project; THAT Council adopt the following resolution: "WHEREAS the Darlington Nuclear Generating Station has been a significant part of the Municipality of Clarington since the 1980s, and has provided many positive benefits to the community with minimal adverse effects on the natural environment; AND WHEREAS Municipality of Clarington Council and Staff have attended numerous meetings and information sessions with respect to the Darlington New Nuclear Power Plant Project and are therefore very knowledgeable with respect to the Project; - 6 - 406 General Purpose and Administration Committee Minutes June 21,2010 AND WHEREAS the Municipality of Clarington retained a qualified team of professionals to undertake a detailed peer review of the draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project and, on the basis of this peer review, can state with confidence that the Environmental Impact Statement meets the requirements of the Guidelines for the preparation of the document and that it satisfactorily addresses the Municipality's issues and concerns with respect to the Project; AND WHEREAS the Council and the residents of the Municipality of Clarington have been steadfast in their support for the proposed Darlington New Nuclear Power Plant Project and are eager to have nuclear power generation continue as a positive presence in our community; AND WHEREAS Council and the community of Clarington are very concerned that the Joint Review Panel is considering the use of cooling towers for the Darlington New Nuclear Power Plant Project in order to minimize the impact on aquatic organisms and habitat; AND WHEREAS the Municipality of Clarington's peer review of the Draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project agreed with the study's conclusions that the once-through lakewater cooling system as recommended by Ontario Power Generation would operate with minimal impact on the aquatic organisms and habitat in Lake Ontario, while the construction and operation of cooling towers would result in long term adverse impacts on the socio-economic environment of Clarington and Durham Region; NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Clarington hereby advises the Joint Review Panel that it supports a once-through lakewater cooling system for the Darlington New Nuclear Power Plant Project and strongly opposes the use of any cooling tower technology; AND FURTHER THAT the Council of the Municipality of Clarington strongly urges the Joint Review Panel to give appropriate consideration to the negative socio-economic effects on the Municipality of Clarington and Durham Region that would result from the construction and operation of cooling towers for the Darlington New Nuclear Power Plant Project"; and THAT a copy of Report PSD-076-10 and Council's decision be forwarded to the Joint Review Panel for the Darlington New Nuclear Power Plant Project, Ontario Power Generation, the Regional Municipality of Durham, the City of Oshawa, the Clarington Board of Trade, and the Central Lake Ontario Conservation Authority. CARRIED - 7 - 407 General Purpose and Administration Committee Minutes June 21, 2010 PORT GRANBY PROJECT - RESOURCE PERSON FOR THE PROPERTY VALUE PROTECTION PROGRAM; CONSULTING AGREEMENT WITH REALTY SERVICES LTD. Resolution #GPA-363-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-077-10 be received; THAT the requirements of Purchasing By-law # 2006-127 be waived and an Agreement with Ryan Realty Services Ltd. for Consulting Services related to a Property Value Protection Program Resource Person for the Port Granby Project, to extend to December 31,2018 and attached to Report PSD-077-10 as Attachment 5, be approved; THAT $25,000 be set aside from the Port Granby LLRW Agreement Reserve and drawn upon as required pursuant to the terms of the consulting agreement; THAT Staff provide a future report on the discussions with the Port Hope Area Initiative Management Office regarding reimbursement of the costs of the Resource Person; THAT the By-law attached to Report PSD-077-10, as Attachment 6, authorizing the Mayor and Clerk to execute the Agreement, be approved; and THAT all interested parties listed in Report PSD-077-10 and any delegations be advised of Council's decision. CARRIED GREEN ENERGY ACT Resolution #GPA-364-1 0 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report PSD-078-10 be received; and THAT any interested parties listed in Report PSD-078-10 be notified of Council's decision. MOTION TABLED (SEE FOLLOWING MOTION) - 8 - 408 General Purpose and Administration Committee Minutes June 21, 2010 Resolution #GPA-365-10 Moved by Councillor Robinson, seconded by Mayor Abernethy THAT Report PSD-078-10 be tabled until the Council meeting of June 28,2010 in order to allow for time to prepare a resolution to address the concerns of the residents. CARRIED PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW FOR THE CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN Resolution #GPA-366-10 Moved by Councillor Robinson, seconded by Councillor Hooper THAT Report PSD-079-10 be received; THAT Official Plan Amendment No. 57 to the Clarington Official Plan as contained in Attachment 3 to Report PSD-079-1 0 be adopted and that the necessary By-law be passed; THAT staff be requested to present the zoning by-law to implement Official Plan Amendment No. 57 at the first meeting of the General Purpose and Administration Committee Meeting in September 2010; and THAT all interested parties listed in Report PSD-079-1 0 and any delegations be advised of Council's decision. SEE FOLLOWING MOTION Resolution #G P A-367 -10 Moved by Mayor Abernethy, seconded by Councillor Woo THAT Report PSD-079-10 be tabled until the Council meeting of June 28, 2010. CARRIED - 9 - 409 General Purpose and Administration Committee Minutes June 21, 2010 RELEASE OF OFFICIAL PLAN REVIEW DISCUSSION PAPER ECONOMIC BASE AND EMPLOYMENT LANDS DISCUSSION PAPER Resolution #GPA-368-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report PSD-080-10 be received; and THAT the Region of Durham and all interested parties listed in Report PSD-080-10 be advised of the release of the Discussion Paper. CARRIED Councillor Foster chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2010 Resolution #GPA-369-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report EGD-019-10 be received for information. CARRIED MILL STREET PEDESTRIAN TUNNEL STATUS UPDATE - NEWCASTLE VILLAGE Resolution #GPA-370-1 0 Moved by Mayor Abernethy, seconded by Councillor Novak THAT Report EGD-020-10 be received; THAT the selection of the Steel Pipe Roof Reinforcement method of construction recommended by AECOM as detailed within Report EGD-020-10 be endorsed; THAT the Proposed Construction Schedule as attached to Report EGD-020-10 be endorsed; and - 10- 410 General Purpose and Administration Committee Minutes June 21, 2010 THAT a copy of Report EGD-020-10 be forwarded to the Canadian Transport Agency, Transport Canada and the Canadian National Railway. CARRIED Councillor Trim chaired this portion of the meeting. OPERATIONS DEPARTMENT SUPPORT OUR TROOPS BANNERS Resolution #GPA-371-1 0 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report OPD-001-10 be received; THAT staff be authorized to proceed with the recommendations for Support Our Troops banners in Clarington; and THAT all interested parties be notified of Council's decision. CARRIED 2010 WINTER BUDGET REPORT Resolution #GPA-372-1 0 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report OPD-002-1 0 be received; THAT the Seniors & Physically Disabled Sidewalk and Windrow Snow Clearing Services be confirmed as per the 2010 approved budget with an annual administration fee for the 2010 - 2011 service to remain at $60.00 plus HST per registered property; and THAT the deadline for applications to be received by October 15, 2010. CARRIED - 11 - 411 General Purpose and Administration Committee Minutes June 21, 2010 MINIMUM MAINTENANCE STANDARDS Resolution #GPA-373-1 0 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report OPD-003-10 be received; THAT $35,000 plus tax be approved for sign reflectivity contract to meet the new 2010 Minimum Maintenance Standards; THAT the cost be expensed against the current budget account #100-36-384-10315-7112 Traffic Signs - Misc. Operating Expense resulting in an over expenditure in 2010; and THAT this cost be included in future annual budgets. CARRIED Councillor Woo chaired this portion of the meeting. EMERGENCY AND FIRE SERVICES DEPARTMENT EMERGENCY AND FIRE SERVICES - GOVERNING BY-LAW UPDATE Resolution #GPA-374-1 0 Moved by Councillor Hooper, seconded by Councillor Foster THAT Report ESD-008-10 be received; THAT the updated Emergency and Fire Services Governing By-Law (Attachment #3 to Report ESD-008-1 0) be forwarded to Council for approval; and THAT the outdated By-Law #2007-134 (Attachment #2 to Report ESD-008-10) be rescinded. CARRIED - 12 - 412 General Purpose and Administration Committee Minutes June 21, 2010 MEMORANDUM OF UNDERSTANDING - CANADIAN RED CROSS Resolution #GPA-375-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ESD-009-10 be received; THAT the conditions outlined in the Memorandum of Understanding with the Canadian Red Cross and Clarington Emergency and Fire Services, attached to Report ESD-009-10, be endorsed; THAT the Mayor and Clerk be authorized to enter into the Memorandum of Understanding with the Canadian Red Cross and Clarington Emergency and Fire Services, attached to Report ESD-009-1 0; and THAT the by-law attached to Report ESD-009-10 authorizing the Mayor and Clerk to enter into the Memorandum of Understanding with the Canadian Red Cross be approved. CARRIED MONTHLY RESPONSE REPORT - APRIL & MAY 2010 Resolution #GPA-376-1 0 Moved by Councillor Novak, seconded by Councillor Foster THAT Report ESD-010-10 be received for information. CARRIED Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT SUPPLEMENTARY RATES AND FEES Resolution #GPA-377-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT Report CSD-008-10 be received; and - 13 - 413 General Purpose and Administration Committee Minutes June 21, 2010 THAT the Supplementary Rates and Fees as outlined in Attachment 1 to Report CSD-008-10 be approved. CARRIED Councillor Hooper chaired this portion of the meeting. CLERK'S DEPARTMENT 2010 MUNICIPAL ELECTIONS - ACCESSIBILITY MEASURES Resolution #GPA-378-1 0 Moved by Mayor Abernethy, seconded by Councillor Foster THAT Report CLD-017-10 be received for information. CARRIED APPOINTMENT TO NEWCASTLE ARENA BOARD Resolution #GPA-379-1 0 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report CLD-018-10 be received; THAT Mr. Gordon Blaker be appointed to the Newcastle Memorial Arena Board; THAT an amendment to By-law 2008-040 be approved; and THAT all interested parties listed in Report CLD-018-1 0 be advised of Council's decision. CARRIED RECESS Resolution #GPA-380-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Committee recess for one hour, until 1 :06 p.m. CARRIED The meeting reconvened at 1 :06 p.m. - 14 - 414 General Purpose and Administration Committee Minutes June 21, 2010 Mayor Abernethy chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT SPORT FIELD JOINT USE AGREEMENT - KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD Resolution #GPA-381-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-027 -10 be received; THAT a joint use agreement between the Municipality of Clarington and Kawartha Pine Ridge District School Board be approved, as set out in Schedule "A" to Report COD-027-10; and THAT the By-law marked "Schedule B", attached to Report COD-027-10 authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. CARRIED Mayor Abernethy announced that Councillor Hooper will be returning shortly. CO-OPERATIVE TENDER NO. T-279-2010 - DELIVERY OF SODIUM CHLORIDE Resolution #GPA-382-1 0 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-030-1 0 be received; THAT Shepstone Haulage Limited, Port Perry, Ontario, with a total bid price of $24,464.12 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-279-2010, be awarded the contract to deliver approximately 9,100 tonnes of sodium chloride, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contract be extended for a second, third, fourth and fifth year; and - 15 - 415 General Purpose and Administration Committee Minutes June 21, 2010 THAT the funds expended be drawn from the Operations Department Winter Control/Sanding/Salting Miscellaneous Operating Supplies Account . #100-36-383-10295-7112. CARRIED CO-OPERATIVE TENDER NO. T-282-2010 - SUPPLY & DELIVERY OF WINTER SAND Resolution #GPA-383-1 0 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-031-10 be received; THAT Kovac Sand and Gravel Limited, Pontypool, Ontario, with a total bid price of $89,370.72 (net of H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender T-282-201 0, be awarded the contract to supply and deliver approximately 13,500 tonnes of winter sand, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contract be extended for two additional one year terms; and THAT the funds expended be drawn from the Operations Department Winter Control/Sanding/Salting Miscellaneous Operating Supplies Account 100-36-383-10295-7112. CARRIED 2007/2008/2009 ARBITRATION AWARD FOR THE COLLECTIVE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CLARINGTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION Resolution #GP A-384-1 0 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report COD-033-10 be received; THAT the Arbitration Award (Attachment #1 of Report COD-033-10) issued by Arbitrator Kevin Burkett be implemented as directed and be incorporated as appropriate into the 2007/2008/2009 Collective Agreement between the Municipality of Clarington and the Clarington Professional Fire Fighters Association, Local 3139; - 16 - 416 General Purpose and Administration Committee Minutes June 21, 2010 THAT the Award amendments be applied effective, as soon as reasonably possible, or the first of the month following Council approval of the report adopting the Award, unless otherwise specified in the Award under Attachment #1 of Report COD-033-10; and THAT the appropriate by-law be forwarded to Council for approval. CARRIED TENDER NO. CL2010-23 - DRIVEWAY TIE-INS Resolution #GPA-385-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report COD-034-10 be received; THAT Melrose Paving Company, Etobicoke, Ontario, with a total bid in the amount of $46,400.02 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL201 0-23, be awarded the contract for Driveway Tie-Ins, as required by the Municipality of Clarington, Operations Department; THAT pending satisfactory pricing and service the contract be extended for a second and third year; and THAT the funds expended be drawn from the Operations Department Annual Operating Budget Account 100-36-381-10250-7163 Pavement Resurfacing. , CARRIED BROADBAND - RURAL CONNECTIONS PROGRAM APPLICATION UNDER THE REGION OF DURHAM 2010 Resolution #GPA-386-1 0 Moved by Councillor Robinson, seconded by Councillor Novak THAT Report COD-036-10 be received; THAT Council confirms that it considers Broadband service to be a priority issue for the residents and businesses of the Municipality of Clarington; THAT staff be authorized to assist the Region of Durham by providing information and support in processing its application for Broadband funding under the Rural Connections Broadband 2010 Program for the Regional Municipalities; - 17 - 417 General Purpose and Administration Committee Minutes June 21, 2010 THAT if it is determined to be an absolute necessity that the Region requires use of Municipal infrastructure, similar to the Region's approved policy for infrastructure use on Broadband initiatives as in-kind contribution to the application, the Chief Administrative Officer, in consultation with the Department Head, be authorized to consider the request for approval or denial; and THAT the Region of Durham be advised, and thanked for taking the lead in the application to the Rural Connections 2010 Program on behalf of the Regional Municipalities. CARRIED CL2010-10, JANE STREET RECONSTRUCTION Resolution #GPA-387-10 Moved by Councillor Trim, seconded by Councillor Woo THAT Report COD-037-10 be received; THAT Tedescon Infrastructure Ltd, Woodbridge, ON with a total bid in the amount of $1,155,663.10 (net HST rebate), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL201 0-1 0, be awarded the contract for Jane Street Reconstruction as required by the Engineering Department; THAT the funds required in the amount of $1 ,405,500.00 (which includes $1, 135,675.22(exclusive of HST) for tendering, design contract administration and contingencies) be drawn from the Account # 110-32-330-83342-7401 and # 110-32-330-83212-7401; THAT the tender award be subject to the approval of the Regional Municipality of Durham for Regional Infrastructure; and THAT the By-Law marked as Schedule "A", attached to Report COD-037-10, authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED - 18 - 418 General Purpose and Administration Committee Minutes June 21,2010 FINANCE DEPARTMENT BUILDING PERMIT FEES ANNUAL REPORT FOR 2009 Resolution #GPA-388-1 0 Moved by Councillor Novak, seconded by Councillor Foster THAT Report FND-017-10 be received for information; and THAT existing building division fees be confirmed with no change required. CARRIED REPORT ON REVENUE SENSITIVE TO ECONOMIC CONDITIONS - MAY 2010 Resolution #GPA-389-1 0 Moved by Councillor Novak, seconded by Councillor Trim THAT Report FND-018-10 be received for information. CARRIED SOLICITOR'S DEPARTMENT There were no reports to be considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICER ENERGY MANAGEMENT STEERING COMMITTEE - UPDATE Resolution #GPA-390-1 0 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CAO-005-1 0 be received; THAT the draft Energy Management Plan be received; THAT staff be authorized to proceed with the completion of energy audits for South Courtice Arena, Clarington Fitness Centre and Clarington Community Resource Centre with funds to be drawn from the Municipal Government Enterprise ReseNe Fund. CARRIED - 19 - 419 General Purpose and Administration Committee Minutes June 21, 2010 UNFINISHED BUSINESS OTHER BUSINESS Councillor Novak chaired this portion of the meeting. LOT MAINTENANCE BY-LAW - REPEAT OFFENDERS Resolution #GPA-391-1 0 Moved by Mayor Abernethy, seconded by Councillor Woo THAT staff review the policies with respect to receiving of complaints with respect to the enforcement of By-law 2003-046, the Lot Maintenance By-law, as they relate to repeat offenders. CARRIED STANLEY CUP PARADE IN ORONO Resolution #GPA-392-1 0 Moved by Mayor Abernethy, seconded by Councillor Robinson THAT a Stanley Cup Parade in Orono during the summer of 2010 be approved provided the organizers of the event apply for and obtain a Road Occupancy Permit from the Engineering Services Department. CARRIED COMMUNICATIONS There were no items considered under this section of the Agenda. CONFIDENTIAL REPORTS Resolution #GPA-393-1 0 Moved by Councillor Foster, seconded by Councillor Robinson THAT in accordance with Section 239 of the Municipal Act, 2001, the meeting be closed for the purpose of discussing a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local boards. CARRIED - 20- 420 General Purpose and Administration Committee Minutes June 21, 2010 The meeting reconvened in open session at 1 :42 p.m. RISE AND REPORT Mayor Abernethy reported that one item was discussed in "closed" session in accordance with Section 239 (2) of the Municipal Act, 2001, as amended and that no resolutions were passed.. NEWCASTLE RECYCLING PROPERTY Resolution #GPA-394-1 0 Moved by Councillor Robinson, seconded by Councillor Novak THAT Confidential Report CLD-019-10, regarding Newcastle Recycling Property, be received for information. CARRIED ADJOURNMENT Resolution #GPA-395-1 0 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 1 :43 p.m. CARRIED MAYOR MUNICIPAL CLERK - 21 - 421 DRAFT LIST OF DELEGATIONS GPA Meeting: July 5, 2010 (a) Kevin Anyan, Regarding Rotary Ribfest Update (b) Michael Hackenberger, Bowmanville Zoo, Regarding Report PSD-086-10, Regarding Report PSD-086-10, Regarding Proposed Official Plan Amendment, Proposed Zoning By-Law Amendment, Proposed Fence By- law Amendment and Proposed Draft Plan of Subdivision to Permit the Development of 541 Residential Units, to Delete a Public Elementary School Symbol and Increase the Medium and Low Density & Total Units in the Neighbourhood 601 a. CORPORATION OF THE rQ r,nDtnn MUNICIPALITY OF CLARINGTON PUBLIC MEETING ~~bU;ll NOTICE OF PUBLIC MEETINe: REPORT # PSD-082-10 1_ 1111 e ay 1 HARTWELL BOWMANVILLE INC. IbEVELOPMENT APPLICATION BY: 1 HARTWELL BOWMANVILLE INC. AN APPLICATION TO AMEND ZONING BY-LAW 84-63 The Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS , The proposed Zoning By-law Amendment submitted by D.G. Biddle & Associates Ltd. on behalf of 1 Hartwell Bowmanville Inc. requests changes appropriate to permit the development of a 1,643 sq. m., three storey building for a Professional Dental, Medical Office with Pharmacy and associated parking area. The proposed changes include the following: . Reduce the minimum front yard depth from 10 m to 2.5m . Reduce the minimum exterior side yard depth from 10 m to 4.8 m . Reduce the minimum interior side yard from 10m to 4.2 m . Increase maximum building height from 10 m to 12.7 m . Increase maximum floor area from 500 sq. m. to 1,643 sq. m. . Reduce minimum parking spaces required from 62 spaces to 52 spaces . Reduce minimum accessible parking required from 3 spaces to 2 spaces . Reduce minimum loading space 4m )( 11 m from 2 spaces to 1 space TAKE NOTICE that the application has been deemed complete so that it can be circulated and , reviewed. The subject property is located at 1 Hartwell Avenue, Bowmanville, as shown on reverse. Planning File No.: ZBA 2010-0013 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, July 5, 2009 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday July 12, 2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, July 7,2010 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption, of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department; 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. 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 Ruth Porras at (905) 623-3379 extension 332 or bye-mail atroorras{O>.clarinaton.net. APPEAL If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Official, Plan Amendment is adopted, the person: i) is not entitled to appeal the decision of Clarington Council to the Onta.rio 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. 701 Dated atthe Municipality' of Clarington this 3rd day of June 2010. cb':g~c,P . 40 Temperance S_ Acting Director of Planning Services Bowmanvllle, Ontario ,Municipality of C,larlngton L 1C 3A6 .. ~ C III .!! M E ~ ....-g c o III I ~~ E'~ i N"1' <f; III IDtJ) :I: N c ... '2 ;,: ~', ~ <' , \'l,,"'l! 00 Ol! ,,,NO\g;il! L9 0" \11 ::I Z \11 ~ 'i ~ :E: r- CJ ~ W ..J Q ~ ~ 3^I~a 31.LS"OANNOB 702 PUBLIC MEETING CORPORATION OF THE REPORT # PSD-Q83-10 MUNICIPALITY OF CLARINGTON HENK AND LISA MULDERS NOTICE OF COMPLETE APPLICATION AND PUBLIC MEETING IDEVELOPMENT APPLICATION BY: HENK AND LISA MULDERS AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 APPLICATION DETAILS The proposed rezoning application submitted by Henk and Lisa Mulders would permit a greenhouse expansion by increasing the maximum permitted lot coverage for all agricultural buildings from 46.25% to 57%, in addition to permitting an additional dwelling on a lot less than 20 hectares in area to be used only for persons employed on the lot. The proposed rezoning application will also facilitate a proposed lot boundary adjustment which will increase the subject lot area from 2.02 hectares to 4.04 hectares. CLarJpn The subject site is located at 3990 Bragg Road, Part lot 3, Concession 3, in the former Township of Darlington, as shown on the attached map. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the above noted application(s) complete for circulation and review purposes and will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended; Planning File No.: ZBA 2010-0012 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues' and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, July 5, 2010 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor; Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this, application you can make a deputation to Council at their meeting on Monday, July 12, 2010, commencing at7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by ,the Wednesday noon, July 7,2010, to have your name appear in the "Agenda. COMMENTS OR QUESTIONS? 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 1 C 3A6, or by calling Meaghan Harrington at (905) 623-3379 extension 218 or bye-mail atmharrinatonlID.clarinaton.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 Zoning By-law Amendment is adopted, the person: i) . is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and 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. Dated alt~Un"pal~ of Clanngton thl. ," day of June 2010 ~t."~~~CIP 40 Temparanca S.....t C!:t~ Director of Planning Services Bowmanville, Ontario Municipality of Clarington L 1C 3A6 cc LDO ii) - 703 Property Location Map (Darlington) tv A1 I !:I ..-....... -.-.-......-.. .:~.~.~_. .....-..- ---............-....- .....-.-..-..-..- ~~~~~~~~~ J 0/: , - ~~ -....-.....-.:....... I.,.~.._....'...- ._......._..~..,-... _ Subject Site c::J Other lands owned by applicant >J. c <0: C '" C) C) <0: '" '" ~A1.Lo.c(~~'iI .' 4 == ZBA 2010-0012 Zoning By-law Amendment -- '-. .~,. .... "-'" "- ...... -, ... ~~ Owner: Henk and Lisa Mulder:s N JJ, ^.~}.t~ ~ .....-- =-..':' ---== ~~~~a, ~,. -...J o ~ C/adnl!lon Leading the Way a CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING PUBLIC MEETING REPORT # PSD-084-10 MIKE RICCIUTO ET AL I DEVELOPMENT APPLICATION BY: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO, ISOLlNE RICCIUTO, GINA STONE & RUSSELL STONE 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 Amendment and Zoning By-law Amendment would permit the expansion of the Hampton hamlet boundary to permit the develop of eight (8) single detached dwellings. The attached key map shows the subject lands, the specific area to be added to the Hamlet Residential designation and the proposed layout of the lots. The creation of the eight (8) residential lots will require subsequent applications under the Planning Act for which notice will be provided. A significant woodland has been identified on a portion of the subject lands outside of the proposed residential area. It would be recommended that the woodland and buffer area be zoned and designated as an Environmental Protection Area. The subject property is located in Part Lot 15, Concession 5, former Township of Darlington, on the north side of Ormiston Street in Hampton as shown on the attached map. Planning File Nos.: COPA2003-009 and ZBA2003-036 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, July 5, 2010 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, July 12, 2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, July 7,2010 to have your name appear in the Agenda. 705 ~ ZBA 2003-036 Page 2 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 Anne Taylor Scott at (905) 623- 3379 extension 217 or bye-mail atatavlorscott@clarinoton.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. Dated at the Municipality of Clarington this 4th day of June 2010. -:iAV L/11'&-'"'/ q;1~ng~:;'ifscLA. MCIP Acting Director, Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 cc LDO Records 706 . - rz.a Lands to be designated Hamlet Residential C Subject Lands ZBA 2003-036 Zoning By-law Amendment COPA 2003-0009 tvl Clarington Official Plan Amendment ~ Owner: Mike Ricciuto et. al m N ~ ro 00 3:i > o~ :::~ o~ ~.; o~ w~ ~'a ::;"' '" ~ N W 0 ~ o Q:lW..o ...... D ~ ~ I--I-~"'" 0::: Q W 4: <:[ z> w ... <l:W Or;: LL. -IVl <[ 111 z o Vl V> W U Z o u "- >- o ..J " ~ <2 ",n; o ZM >0 j~ ON ~..; e:~ 3'a ;0:.. l:k!5~ l;;ilj~ 0' 0 Z l"- I- I- ~ .... ~.~~~ 0.. ..J(I')<( ~~ i~ Om ~e c z ~~ PUBLIC MEETING CORPORATION OF THE REPORT # PSD-085-10 ell Q r; ngtaln MUNICIPALITY OF CLARINGTON BARR'S DEVELOPMENT LTD. r.fCH-'-Ll.!. IL NOTICE OF COMPLETE APPLICATION AND PUBLIC MEETING Leading the Way I DEVELOPMENT APPLICATION BY: BARR'S DEVELOPMENT L TO. AN APPUCATION TO AMEND THE CLARINGTON ZONING BY-LAW 84-63 , TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Barr's Development Ltd. would permit an increase in the maximum permitted front yard setback to a dwelling from 15 metres to 35 metres and provide similar increases to the maximum permitted front y~rd setback to a porch and an attached garage. The subject property is located at Part lot 27, Concession BF B, Former Township of Clarke, as shown on reverse. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington has deemed the Zoning By-law Amendment application submitted complete for processing, circulation and review. . Planning File Nos.: ZBA 2010-0015 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, July 5, 2010 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St, Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make iNritten 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 tlnd Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, July 12, 2010, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, July 7, 2010 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law, Zoning By-law Amendment, or of the refusal of a request to amend the Zoning By-law, you must make a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario l1C 3A6, Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m. at the Planning Services Department, 31d Floor, 40 Temperance Street, Bowmanville, Ontariol 1C 3A6, or by calling Robin Heathcote at (905) 623-3379 extension 337 or bye-mail atrheathcotelCilclarihaton.net. APPEAL If a person or public body does not make oral submissions at a public m~ting or make written submissions to the Municipality of Clarington Planning Services Department before the proposed Zoning By-law or Zoning By-law Amendment is approved, the person or public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board. . If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed Zoning By-law or Zoning By-law Amendment is approved. 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. Dated at the Municipality of Clarington this 10th day of June, 2010. ~~6:;,P <<~~''''''to' o' Planning ",,'ces Municipality of Clarington 40 Temperance Street Bowmanville, Ontario l1C 3A6 708 LMe Ontario ZBA 2010-0015 Zoning By-law Amendment Owner: Barr's Development Ltd QUEE!'I VICTORIA STREET ~ LOTi I,.OT 2 ~ DARCY STREET LOU w LOT 4 0 ~ w 0 ...J 5 ci! LOTS ~ ~ 0 ~ 0:: 0 W Z w LOT 6 25 z ::l LOT7 LOT 8 '" BOULTON STREET tJ, I I -...J a CD Cl!J!mgtDn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: N/A Report #: PSD-082-10 File #: ZBA 2010-0013 SPA 2010-0015 Subject: TO PERMIT THE DEVELOPMENT OF A 1,643 SQ. M., THREE STOREY BUILDING FOR A PROFESSIONAL DENTAL, MEDICAL OFFICE WITH PHARMACY AND ASSOCIATED PARKING AREA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-082-10 be received; 2. THAT the application continue to be processed including the preparation of a further report; and 3. THAT all interested parties listed in Report PSD-082-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: 0 ~ ~ Franklin Wu, Chief Administrative Officer RP*COS*sn 28 June 2010 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-082-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: D.G. Biddle & Associates Ltd. 1.2 Owner: 1 Hartwell Bowmanville Inc. c/o Reza Fadavi 1.3 Proposal: To permit the construction of a1 ,643 sq. m., three storey building for a Medical/Dental Office with Pharmacy and associated parking area 1.4 Area: 0.32 ha 1.5 Location: Part Lot 15, Concession 1, in the former Township of Darlington 1 Hartwell Avenue, Bowmanville 2.0 BACKGROUND 2.1 On May 25,2010, D.G. Biddle & Associates Ltd. on behalf of 1 Hartwell Bowmanville Inc., submitted an application for an amendment to the Zoning By-law (84-63) to permit the construction of a 1,643 sq. m. Medical/Dental Office with Pharmacy. 2.2 The subject land is designated "Neighbourhood Centre" in the Clarington Official Plan. The site, together with the existing commercial plaza to the north, was created through a plan of subdivision on June 16,1988. Both sites comprise the Neighbourhood Centre designation. Development of the commercial'plaza on the northern site was approved on September 23, 2004. 2.3 The property under consideration is zoned "Holding - Neighbourhood Commercial Exception ((H) C2-9) Zone" in Zoning By-law 84-63. The Applicant has requested an amendment to the Zoning By-law (84-63) to an appropriate zone which would retain all of the uses already permitted in the "Neighbourhood Commercial (C2-9) Zone" but would modify some of the applicable regulations for those uses. 2.4 The Applicant has submitted a Planning Rationale Report, a Parking Study, and a Phase 1 Environmental Site Assessment Report in support of this application. 3.0' LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site slopes from northeast to southwest towards the existing residential development. The property comprises 3,166 sq. m. of vacant land area. The site is located at the southwest corner of Hartwell Avenue, a local road, and Durham Regional Road 57, a Type "A" Arterial road that serves as a main linkage between the 401 Highway and the West Bowmanville Town Centre. 802 REPORT NO.: PSD-082-10 PAGE 3 Photo 1: View of site facing west (June 13, 2010) Photo 2: View of commercial plaza facing northeast (June 13, 2010) 803 REPORT NO.: PSD-082-10 PAGE 4 3.2 The surrounding uses are as follows: North: South: East: West: Commercial uses (Neighbourhood Centre retail plaza) Residential Uses Residential Uses Residential Uses 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement The Provincial Policy Statement promotes efficient land use and development patterfls to protect the environment, public health and safety and facilitate economic growth. The proposed development application is within 'the Bowmanville urban area and proposes efficient development and land use patterns by accommodating an appropriate range of ~ office and retail uses. The Provincial Policy Statement specifies that there shall be an appropriate mix of serviced commercial lands available to meet long-term commercial and employment needs of the community. The existing Neighbourhood Centre designation permits office and commercial uses that better serve the needs of area residents. The proposal conforms to the Provincial Policy Statement. 4.2 Provincial Growth P1an The focus of the Provincial Growth Plan is to create compact, complete communities that are supportive of transit and pedestrian friendly. A fundamental principle of the Growth Plan is to encourage intensification of underutilized urban lands to create a vibrant community where infrastructure exists to accommodate growth. Intensification areas will be planned and designed to provide a diverse and compatible mix of land uses, including residential and employment uses. The subject site is within the Built Boundary under the Provincial Growth Plan for the Golden Horseshoe. The plan policies call for the first priority of growth to intensify within built-up areas where better use of land and infrastructure can be made by directing growth to these areas. Intensification is encouraged to occur along arterial roads such as Regional Road 57, with the potential to achieve increased employment densities. The subject site with the existing commercial lot to the north was created through a plan of subdivision on June 16, 1~88. The site and the existing commercial plaza to the north provide a compatible mix of uses and employment for the surrounding community. Durham Road 57 is classified in the Clarington Official Plan as a Type A Arterial Road in the Bowmanville urban area where intensification is deemed to be appropriate by the Growth Plan. The proposal conforms to the Provincial Growth Plan. 804 REPORT NO.: PSD-082-10 PAGE 5 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the subject land "Living Area". The Plan indicates that subject to the inclusion of appropriate provisions and designations in the area municipal official plan "Local Centres" shall also be permitted in Living Areas. Local Centres designated in the local official plans shall be planned and developed in accordance with a hierarchy including Urban Centres, Community Centres and "Neighbourhood Centres". Neighbourhood Centres are generally smaller in scale and serve the day-to-day needs of residents of the surrounding community, The proposal conforms to the Durham Regional Official Plan. 5.2 Clarinqton Official Plan The subject lands are designated "Neighbourhood Centre". Neighbourhood Centres are meant to serve as a focal point for the residential communities as well as providing for day-to-day retail and service needs with a maximum amount of gross leasable floor space of 5,000 sq. m. The Clarington Official Plan specifies thatan appropriate range of retail and service uses in the Neighbourhood Centres are desirable. The subject site will include 1,643 sq. m. of gross leasable floor space while the existing adjacent commercial plaza to the north has a gross leasable floor space of 1,919 sq. m. for a total of 3,562 sq. m., well below the 5,000 sq. m. allowed in the Official Plan. The existing and proposed commercial site are both well within the allowable gross leasable floor space for the "Neighbourhood Centre" designation of the Clarington Official Plan. From a site development and urban design perspective, the Official Plan requires that buildings be street-related with parking located at the side or rear of the building. The applicant has oriented the building towards the intersection with an upper storey step- back facing south. This will place the building as close as possible to the street with the parking area located between the building and the abutting residences. The proposal conforms to the Clarington Official Plan. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject land "Holding - Neighbourhood Commercial Exception ((H) C2-9) Zone". The uses currently permitted by this zone include retail and service uses. The existing zoning permits the proposed Medical/Dental Office with Pharmacy. 6.2 The Applicant has requested an amendment to the Zoning By-law (84-63) "Neighbourhood Commercial (C2-9) Zone" which would retain all of the uses already permitted but modify some of the applicable regulations for those uses. Specifically, the Applicant has requested the following: . Reduce the minimum front yard depth from 10m to 2.5 m . Reduce the minimum exterior side yard depth from 10m to 4.8 m . Reduce the minimum interior side yard from 10m to 4.2 m . Increase maximum building height from 10 m to 12.7 m 805 REPORT NO.: PSD-082-10 PAGE 6 . Increase maximum floor area from 500 sq. m. to 1,643 sq. m. . Reduce minimum parking spaces required from 62 spaces to 52 spaces . Reduce minimum accessible parking required from 3 spaces to 2 spaces . Reduce minimum loading space (4 m x 11 m) from 2 spaces to 1 space 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Plannino Rationale Report The Applicant has submitted a Planning Rational Report in support of this application. It provides background information of the property and surrounding area together with a review of Provincial, Regional and Local Planning Documents. The report indicates that - the location is appropriate for intensification for the following reasons: . The proposed use will provide employment and economic stimulus and medical care to meet long-term needs of the surrounding neighbourhood; . Bowmanville is recognized as a major urban area in the Clarington Official Plan and is an appropriate location for intensification; and . The development of the subject site proposes to utilize the existing Type A Arterial road and existing urban services infrastructure. 7.2 Parkino Study Due to the mix of uses that could possibly be accommodated on this site, Staff have advised the applicant to use a multi-use, shopping centre ratio to calculate parking needs. The Zoning By-law requirement for a shopping centre is 1 parking space for every 20 sq. m. of leasable floor area. This parking ratio is applied to commercial plazas in Neighbourhood Centres so as to allow for the broadest range of possible leasing options. The Parking Study, submitted by the Applicant, provides justification for a reduced parking ratio. The Applicant's Parking Study relied on field observation and surveys of parking lot utilization at other similar shopping centres, Zoning By-law requirements of surrounding communities and local medical/dental buildings. Based on the findings of the study, parking requirements to meet normal peak demand for the proposed medical office is estimated to be between 42 to 63 parking spaces. The Parking Study concluded that the proposed 52 parking spaces will adequately handle the parking demands of the proposed development on-site. 7.3 Phase 1 Environmental Site Assessment Report The Applicant has also submitted a Phase 1 Environmental Site Assessment Report with the application. The report conducted looked for risks of environmental contamination on the subject site, reviewed the history and interviewed people familiar with the site's history. The site has not been developed and historically was used for agriculture. There are surface indications of fill on site (i.e. brick, concrete, plastic). This site is considered a low risk for contamination based on the area topography, historical photos, and the suspected source of the fill. The reports states that a Phase 2 investigation is not recommended. 806 REPORT NO.: PSD-082-10 PAGE 7 7.4 Further analysis of the background studies submitted by the applicant will be included in a future report. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 In compliance with the requirements of the Planning Act, public notice was given by mail to each landowner within 120 metres of the subject site and two public meeting notice signs were installed on the property, one on each road frontage. 8.2 At the writing of this report, two inquiries had been received from residents and business owners regarding this application. Issues raised from these inquiries include: . concerns about the current commercial zoning of the property, regulations and proposed building design; . the proposed location of the building in relation to the properties to the south; . noise and lighting that could impact neighbouring residential properties; . the grading and storm drainage of the site and the affect on surrounding properties; and, . the privacy of the surrounding residential properties. These matters will be more thoroughly discussed and addressed in a subsequent report. 9.0 AGENCY COMMENTS 9.1 The application was circulated to relevant agencies for comments. Clarington Emergency Services Department, Clarington Operations Department, Central Lake Ontario Conservation, and The Durham Region Public Works Department have no objections to the application. They have no objections to the applications and have advised that other concerns, if any, will be dealt with through the site plan approval process. 9.2 The Durham Region Planning Department has no objection to the proposal. Authorization for reliance of the Phase 1 Environmental Site Assessment report by the Region will be required. 9.3 At the writing of this report comments had not yet been received from Durham Regional Police Services and the Durham Regional Transit Department. 9.4 The Clarington Accessibility Advisory Committee advised that they cannot support the reduction in the number of accessible parking spaces from three (3) to two (2). 9.5 Clarington Engineering Services Department advised that they are concerned that the proposed medical clinic may result in an undesirable amount of on-site parking. Prior to approval of the site plan they must be satisfied that there is adequate on-site parking for the proposed use. 807 REPORT NO.: PSD-082-10 PAGE 8 1 0.0 STAFF COMMENTS 10.1 Buildinq Size The total floor area on the proposed site plan increases from the permitted 500 sq. m. to 1,643 sq. m. The increase of the total gross floor area would bring the Zoning By-law regulations into closer conformity with the Clarington Official Plan's maximum amount of leasable floor space in anyone Neighbourhood Centre of 5,000 sq. m. and the new provincial guidelines urging the intensification of urban sites. The increase of maximum building height permitted by the Zoning By-law frOm 10 m to 12.7 m would allow the construction of a three storey building. 10.2 Urban Desiqn The applicant has oriented the building towards the intersection with an upper storey step-back facing south towards the adjacent low-rise housing. This step-back creates building massing, architectural interest and prominence at this intersection. It also allows for a parking area partially shielded from the street by the building. The main entrance has been located in the western elevation of the building so as to provide direct access from the parking area. A pedestrian connection to Durham Regional Road 57 will be provided by a concrete walkway. 10.3 In order to review the Applicant's proposal it will be necessary to conduct a thorough evaluation of the following matters: . The impact of reduced front, exterior and interior yard set back requirements on the surrounding properties and roads; . The impact of increased building height and visibility issues into neighbour's yards; · The impact of the-increase in the parking ratio and the subsequent reduction of on- site parking; . The impact of the reduced number of accessible parking spaces in a Medical/Dental Office with Pharmacy; and . The impact of reducing the number of loading spaces from two (2) to one (1). 10.4 Matters such as noise mitigation, hours of operation, refuse, landscaping, illumination and building design will be further addressed in a subsequent report and through the site plan approval process. 11.0 CONCLUSIONS 11.1 As the purpose of this report is to satisfy the requirements for a Public Meeting under the Planning Act, it is respectfully recommended that Staff continue to process this application. Staff Contact: Ruth Porras Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Elevations 808 REPORT NO.: PSD-082-10 PAGE 9 List of interested parties to be advised of Council's decision: 1 Hartwell Bowmanville Inc. c/o Reza Fadavi Mehdi Rassaf Glenn Genge Durham Regional Planning Department Municipal Property Assessment Corporation Hugh and Vivian Perkins Ruth Kolisnyk 809 d ~ ~ o ~ ~~ cn 6::7 (lO3 NCD I ::J -a. - o~ ZBA 2010-0013 Zoning By-law Amendment Owner: 1 Hartwell Bowmanville Inc. Property Location Map tn ~ ~ ~ % o t5 ~ ~ ~ :J o HARTWELL AVENUE CANDLER CT w > ~ C W ...J .... (/) <( o > z z o lXI co ...... o .hi '~l II .-.. ...... ~ .- ~ .- PROPOSED NORTH ELEVATION PROPOSED SOUTH ELEVATION -i o :::0 CD "'0 o :4 ""U C/) o I o (X) I\) I -lo. o PROPOSED WEST B-EVATlON -+--- .. ...... .f IJ __H I .-, . .... :1 .-1'1 -+.:::.- .. ~pla ~ Ilf' .- [!i .-- -+=- III , , co ...... ...... Ao._. 'I' Ii ~lf -"~I, .- I r!1 ~~l'l PROPOSED EAST ElEVATION Cl!J!illglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 . Resolution #: By-law #: N/A Report #: PSD-083-10 File #: ZBA 2010-0012 Subject: APPLICATION TO AMEND ZONING BY-LAW 84-63 TO FACILITATE A LOT BOUNDARY ADJUSTMENT AND TO PERMIT A GREENHOUSE EXPANSION BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AGRICULTURAL BUILDINGS FROM 46.25% TO 57% IN ADDITION TO PERMITTING A SECOND DWELLING FOR FARM EMPLOYEE USE ONLY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-083-10 be received; 3. THAT Staff continue processing the application to amend Zoning By-law 84-63; and 4. THAT all interested parties listed in Report PSD-083-10 and any delegations be advised of Council's decision. Submitted by: Reviewed byGr-CV/-e..Q~ ~ Franklin Wu Chief Administrative Officer MH/CP/df 23 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 812 REPORT NO.: PSD-083-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Owner: Henk and Lisa Mulders 1.2 Proposal: To increase the lot area of the subject site from 2.02 ha to 4.04 ha; to expand an existing greenhouse building by increasing the maximum permitted lot coverage for agricultural buildings from 46.25% to 57%; and to permit a second dwelling for the use of persons employed on the farm only. 1.3 Area: Existing: 2.02 ha Proposed: 4.04 ha 1.4 Location: Part Lot 3, Concession 3, former Township of Darlington, 3990 Bragg Road, Darlington (Attachment 1). 2.0 BACKGROUND 2.1 The owners of the subject property have previously received approval for a number of minor variances to increase the lot coverage foragricultural buildings from 5% to 46.25%, to facilitate the expansion of their greenhouse operation. Shortly thereafter, the Owners constructed a dwelling on the adjacent property to the south which they also own. The dwelling is currently being used as living accommodations for a number of farm employees throughout the growing seasons. 2.2 On March 3, 2010, the Owners formally approached both the Regional Planning Department and Clarington Planning Services Department with their proposal to further expand their greenhouse operation in order to meet market demands and maintain a viable and thriving greenhouse business. 2.3 The proposal included a lot boundary realignment which would result in two dwellings on one lot (existing single detached dwelling, and farm help dwelling which currently sits on property to south). The existing farm help dwelling, although used for farm employees only, is not permitted as a second dwelling on a property less than 20 ha in size according to the Zoning By-law regulations. The proposed "new lot", will be 4 hectares in size. Therefore, Staff discussed two options with the Owners: Option #1: Realign the property boundary in such a way that the farm help dwelling remains on a separate parcel of land (the south parcell retained parcel). If this is the case, land division and minor variance applications are required to recognize a reduced lot size and increase in lot coverage for greenhouses at 3990 Bragg Road. Option #2: Realign the property boundary to include the second dwelling on the subject property for the use of farm employees only. If this is the case, a rezoning application is required in addition to a land division application to allow for a second dwelling for farm employees on a property less than 20 ha in area. 813 REPORT NO.: PSD-083-10 PAGE 3 2.4 On May 19, 2010, the Owners decided to move forward with Option #2, and submitted a rezoning application. As part of a complete submission, the Owners prepared a letter to describe the existing operation, and why it is imperative that room for their business to grow (future greenhouse expansion) in addition to allowing proper accommodations for farm employees from out of country (Attachment 2). If the subject application is successful, the Owners will submit the necessary land division application to create the proposed lot addition follOWing the approval of the Zoning By-law Amendment. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located at the southwest corner of Bragg Road and Concession Road 4, in Darlington. The existing property is 2 hectares in size and has a lot frontage of 100 metres along Bragg Road, and 403 metres along Concession Road 4. The surrounding properties range in size from 0.4 hectares to 70 hectares and many of these properties are actively farmed. The existing and proposed land characteristics for the subject property and the other lands owned by the applicant to the south are listed in the table below: 46.25% 1 57% 2 9,250 m2 Residential! A ricultural 22,870 m2 Residential! A ricultural o 1 o o Use o 0 Residential! A ricultural A ricultural (please refer to Attachment 3 when reading the above table) 814 REPORT NO.: PSD-083-10 PAGE 4 The following photographs were taken on June 11, 2010 to document existing site characteristics and uses. Mature coniferous vegetation was present along the north, and east property boundaries which provided natural screening between the greenhouses and the public roads and neighbouring properties. Vegetative screening was also present along part of the west property boundary (Photo #2). Photo #1: Existing Greenhouse & vegetative screening from Concession Road 4 and neighbouring property, looking west Photo #2: Existing Greenhouse and interface between neighbouring properly to the west, looking south 815 REPORT NO.: PSD-083-10 PAGE 5 Lj Photo #3: Existing farm help dwelling on adjacent property to the south (also owned by applicant) 3.2 The surrounding uses are as follows: North - Agriculture/Rural residential South - Agriculture (other lands owned by applicant) East - Agriculture West - Agriculture/Rural residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement (PPS) The PPS states that Prime Agricultural Areas are areas where prime agricultural lands predominate. They shall be protected for long-term use for agriculture and permitted uses include agriculture, secondary uses and agriculture-related uses. The subject property, although not designated Prime Agricultural Areas, is in an area of the Municipality where prime agricultural lands predominate, and is consistent with the principles of the PPS. 4.2 Greenbelt Plan . The subject lands are vvithin the rural area of the Protected Countryside Area in the Greenbelt Plan. Within rural areas, agricultural, agriculture-related and secondary uses are permitted. The Greenbelt Plan indicates that minor lot adjustments or boundary additions are permitted, provided they do not create a separate lot for a residential dwelling in prime agriculture areas, and there is no increased fragmentation of a key natural heritage feature. The subject application will not result in a separate lot for a residential dwelling, and therefore is consistent with the policies of the Greenbelt Plan. 816 REPORT NO.: PSD-083-10 PAGE 6 4.3. Provincial Growth Plan The subject lands are within the "Greenbelt Area" within the Growth Plan for the Greater Golden Horseshoe. Lands within the "Greenbelt Area" are subject to the policies of the Greenbelt Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reoional Official Plan The subject lands are designated "Major Open Space Areas" within the Durham Regional Official Plan (DROP). Lands designated Major Open Space Areas shall be used for conservation, and a full range of agricultural, agriculture-related and secondary uses. The DROP permits the establishment of a second dwelling to accommodate persons employed full-time, where the size and nature of the operation warrants additional employment. As the proposal maintains the agricultural use of the property, the application conforms with the policies of the DROP. 5.2 Clarinoton Official Plan The subject lands are designated "Green Space" within the Clarington Official Plan. Green Space lands are intended to link significant components of the Municipality's Open Space System, in addition to functioning as urban separators between the urban areas within Clarington. Green Space lands shall be used predominantly for conservation and recreation. However, agriculture and farm-related uses are also permitted. The proposed uses of the subject property are in keeping with the policies of the Clarington Official Plan. The Clarington Official Plan states that within any agricultural designation, a second dwelling for farm help is permitted as an accessory use to a farm operation provided the property is a minimum 20 hectares in size. The subject property is designated Green Space, and therefore is not subject to this policy. 6.0 ZONING BY-LAW 6.1 Within Zoning By-law 84-63, the subject property is zoned "Agricultural (A)". Within an "A" zone, a property must have a minimum lot area of 20 hectares in order to be permitted a second dwelling for farm employees as an accessory use to the farm operation. In addition, lot coverage for all agricultural buildings on the subject property is limited to 5%. The subject application seeks to rezone the lands to an appropriate agricultural exception zone to permit the proposed lot boundary realignment and greenhouse expansion. . 817 REPORT NO.: PSD-083-10 PAGE 7 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 a public meeting sign was installed along the Concession Road 4 frontage and along the Bragg Road frontage. No inquiries on the subject application were received at the time this report was Written. 8.0 AGENCY COMMENTS 8.1 The application for Zoning By-law Amendment was circulated to a number of agencies for comment. The Clarington Emergency Services Department, Clarington Engineering Services Department, Building Division, and Clarington Operations Department had no objections to the proposed amendment. . 8.2 Central Lake Ontario Conservation Authority.(CLOCA) provided the following comments . for consideration: . · The soils in this area are fairly well drained and would have good opportunity for infiltration. Therefore, provided there is sufficient area between the property boundary and the proposed future greenhouses to allow for infiltration of additional flows from increased roof area, then water quantity controls on the. property will not be required. · Any future grading associated with the expansion of the greenhouses should be carried out in a manner to ensure that there are no impacts to adjacent private properties. Sediment controls should be installed to ensure that any exposed soils are contained on site and are not transported onto adjacent private properties. · Permits from the Authority will not be required for the proposed future expansion of the greenhouses. Based on the above comments, CLOCA has no objections to the approval of the proposed rezoning application. 8.3 The Durham Regional Health Department advised that a private water supply and private waste disposal system is currently in place. They have no concerns with the application. 8.4 The Durham Regional Planning Department have provided comments on the application. They have indicated to Staff that the subject application is consistent with all Provincial Policy, and is in keeping with Regional Official Plan policies. 818 REPORT NO.: PSD-083-10 PAGE 8 In addition to their written comments, the Durham Regional Planning Department had discussions with Staff which indicated that a severance of 2 hectares of the southerly property, to be added to the subject property, is satisfactory for the following reason: the remaining 8 hectare parcel of land (retained lot) would provide a sufficient size to function as a viable farm parcel; any severance greater than 2 hectares could potentially impact the viability of the southerly farm parcel, and therefore would not be supported by Regional Staff. 9.0 STAFF COMMENTS 9.1 As previously discussed, farm help dwellings are restricted to farm operations on a property having a minimum lot area of 20 hectares according to Zoning By-law 84-63. The general intent of the Zoning By-law is to allow second dwelling units for farm help where the farm operation is of a size that warrants additional employment, and would benefit from having separate accommodations for its farm employees. When these regulations were written, an assumption was made that the larger a farm parcel, the larger the farming operation and therefore the greater the need for separate accommodations for farm employees. 9.2 In 1996, the Ontario Greenhouse Vegetable Growers provided staff with their comments on a minor variance application submitted by Henk and Lisa Mulders the subject applicant, with regards to the unique qualities of a greenhouse operation compared to other farm operations in Ontario. They indicated that production from greenhouse operations can be 10 times that of a field operation. This farming practice displays the best use of farm land for food production and is particularly a good production decision for farm land that is in high demand. 9.3 Staff are cognizant that in areas where farm businesses and residential properties are located side-by-side, conflicts about the way a business operates may arise between farmers and their neighbours. Some operations produce dust, noise and smells depending on the type of farming operation. The Ontario government passed legislation, . Farming and Food Production Protection Act (FFPPA), to protect'farmers from nuisance complaints made by neighbours provided the farmer is following normal farm practices. Regardless, the current regulations within Zoning By-law 84-63 impose minimum setback requirements for agricultural buildings to ensure proper separation of uses is maintained. The Owners are proposing to maintain the minimum required 15 metre setbacks from all property lines. 9.4 The subject lands are located within the limits of the geological formation known as the Lake Iroquois Beach. The Lake Iroquois Beach is identified as a key natural heritage feature,for its extensive forested areas and wildlife habitat which provides an east-west natural corridor across the Municipality. The subject application does not seek to remove any vegetation or forested areas, and the proposed greenhouse expansion will maintain an approximate 300 metre separation (minimum) between the forested area of the Lake Iroquois Beach and the proposed greenhouse expansion. In consultation with the Central Lake Ontario Conservation Authority, it was determined that the nature of 819 REPORT NO.: PSD-083-10 PAGE 9 the subject application did not warrant an Environmental Impact Study, provided the applicant committed to ensuring proper sediment controls are used during the construction of the expanded greenhouse. 10.0 CONCLUSION 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and to provide an opportunity for local residents to provide comments on the application prior.to Council's decision, it is respectfully recommended that the application to amend the Zoning By-law continue to be processed. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Property Location Map Attachment 2 - Explanatory Letter (prepared by Owner/Applicant) Attachment 3 - Proposed Lot Boundary Adjustment List of interested parties to be advised of Council's decision: Henk & Lisa Mulders 820 --f o :::0 CD "0 o ~ 1J~ enm on , ::r 03 ())CD Cf::J -a. - 0-'" AI A lands owned by applicant CONCESSION ROAD 4 (Darlington) Henk and Lisa Mulders ZBA 2010-0012 Zoning By-law Amendment Property Location Map Subject Site - c::J Other Owner: ^' A A fY~"W"""'.""''lil ~"""_~ll'" -..... ._- -.-- .--- ~- - ~~~~~~'~I ~..,,:,..~)....~~,... ~..n...._::).Q ....::f:...~ ......... '....HI~_._,..." .. __.__~.t. ..-.~........ ..-.....-.-.~." -, r- __..... ........ I_....-~.._...,- ..--.........--.. ~..... ...-,-............ :a?;=:;-=:'::"~ ~~::.::::::-..:.~::..- --.-.-, --.- I l ...... c <( o cr: C) C) <( cr: al -. CO N CESS N ROAD 4 ROOD AU._ Il(IaE!H ~ , . -_.- T - ! oAJ. , , i Existing Site ..... l .. : i " , ~. ) r1 .. j t' '" ) l ! , Proposed Lot ',i Addition .... ,j: rr 'j. I ~l ~. -I :.- . \ "1 \ . ~ ~ ,. : ~r I. .', .' It. - I ~ Other lands owned I I. by applicant ,", ~- -. ........ ~=:' .........,.., .-.1-," J. Attachment 2 To Report PSD-083-1C May 16, 2010 To Whom it may concern, RE: REQUEST FOR LOT REALIGNMENT, INCREASE IN lOT COVERAGE AND A SECOND DWELLING FOR FARM WORK AT 3990 BRAGG ROAD We, Lisa Mulders and myself Henk Mulders own and operate Link Greenhouse~ at 3990 Bragg Rd. The main crops in our operation are Beefstake tomatoes and seedless cucumbers. In the spring some bedding plants are grown mainly for farm gate sales. Normally greenhouses tha~ produce tomatoes andcucumbers ship their product to wholesalers. Our operation is unique in that we take care of our own sales and deliveries to local stores. The deliveries are being done twice a week with our own truck, but by dOing our own sales and deliveries it does add to the workload and therefore more reliable and skilled employees are needed. Currently there are five (5) fulltime employees and in the summer; four (4) migrant workers and a few summer students are hired to meet the workload. The existing greenhouse covers about 2 acres (0.8 hectares) and is located on approximately 5 acres (2 hectares) of land. Currently the greenh.ouse covers approximately 47% ofthe property ( the 47.% coverage was permitted through a minor variance) and there is no room for future greenhouse expansion at this location. I do however own a 25 acre (10 hectare) parcel of land directly south of 3990 Bragg Rd. At this moment we wish to realign the lot boundary between the two properties, roughly 350' (106 metres) to the south in order to gain an additional 5 acres on the subject property, 3990 Bragg Rd. Without the lot realignment no further expansion could take place atthe current location; there is simply no room. If we were to build additional greenhouses on the southern property (25 acres) the existing greenhouses and the new greenhouses would be separated by a minimum 100 feet (30 metres) based on the minimum required side yard setback requirements in the Zoning By-law for agricultural buildings. This would make for a very inefficient operation and creates great problems when moving plants and products in the middle of winter. Since the greenhouse operation is a very volatile industry in regards to the d~mand of our product and input cost it is very possible that in order to keep the operation a viable business, expansion of the greenhouses could be needed on very short notice. For the hired migrant workers a bunkhouse is needed for accommodations. Within the Zoning By-law, a bunkhouse is considered to be a dwelling and in order to put a second dwelling on a 822 farm property, the parcel of land upon which it is located must have a minimum lot area of 20 hectares. If and when a lot realignment has been completed, the subject property will have grown to approximately 10 acres (4 hectares) which is below the minimum 20 hectares to allow for a second dwelling. Unfortunately when the By-law was written, not enough thought was given to the smaller, high. intensive labour farm operations. In my experience, labour intensive farming is only possible with the help of migrant workers. Therefore it is very important, for the viabiiity of the operation on the subject property that a bunkhouse becomes part ofthe greenhouse operation At this time some of the property to the south is already being used by link Greenhouses, namely for storage, driveway and the bunkhouse in question which was originally built on the southern property due to Zoning By-law constraints which would not allow a second dwelling on the northern property without a rezoning. ' Therefore to overcome the above two problems and to make sure that link greenhouses will be viable in the future, an application has been made for increase in lot coverage for agricultural buildings on the newly adjusted property to allow for greenhouse expansion, in addition to allowing a second dwelling (bunkhouse) on the subject property to be used for farm help only. Henk MUlde~#- ______ 823 ROAD ALLOWANCe SCTWfEN CONcessIONS J '" 4 ...- ~. I ....~.:. 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III<<QllItl_II,IlI'O CMDCIDRDC ft 824 Cl~J!iJ1glOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: N/A Report #: PSD-084-10 File #: COPA 2003-009 and ZBA 2003-036 Subject: OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR SINGLE DETACHED DWELLINGS OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO, ISOLlNE RICCIUTO, GINA STONE & RUSSELL STONE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-084-10 be received; 2. THAT the applications to amend the Clarington Official Plan (COPA 2003-009) and Zoning By-law 84-63 (ZBA 2003-036) continue to be processed, including the preparation of a subsequent report considering all agency comments and comments raised at the Public Meeting; and 3. THAT all interested parties listed in Report PSD-084-10 and any delegations be advised of Council's decision. Reviewed by: d~~&sk Franklin Wu, Chief Administrative Officer A TS/CP lav/df June 25, 2010 . 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-084-10 PAGE 2 1.0 APPLlGA TION DETAILS 1.1 Owner: Michael Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina Stone, &Russell Stone 1.2 Applicant: Michael Ricciuto 1.3 Official Plan Amendment Application: To redesignate lands from "General Agricultural Area" to "Hamlet Residential" to permit the development of eight (8) single detached residential dwellings. 1.4 Zoning By-law Amendment Application: To change the zoning on the subject lands from "Agricultural Exception (A-1)" to permit the development of eight new lots resulting in the construction of eight single detached dwelling units. 1.5 Subject Lands: Approximately 20 ha (6.6 ha to be designated "Hamlet Residential") 2.0 LOCATION 2.1 The subject lands are located on the north side of Ormiston Street in Hampton (see Attachment 1). The property is contained within Part Lot 17, Concession 5, in the former Township of Darlington. An air photo of the subject lands is provided as Attachment 2. .3.0 BACKGROUND 3.1 On August 1, 2003, the owners submitted an official plan amendment and rezoning application to the Municipality of Clarington to change the designation and zoning of a portion of the subject lands located on the north side of Ormiston Street in Hampton. 3.2 The application is to expand the hamlet boundary of Hampton to permit the development of eight new lots for a total of eight single detached dwellings. The original lot layout is shown on Attachment 3. 3.3 The subject applications were impacted by the release of th~ Greenbelt Act in 2003 and subsequent Minister's Zoning Order which prevented the Municipality from making any decisions on official plan and zoning by-law amendment applications on lands outside settlement areas. A public meeting was held on January 26, 2004 at which time Staff was directed to continue processing the applications. 3.4 Based on transitional policies contained in the Greenbelt Act and Places to Grow Act, it has been determined that the provisions of the Greenbelt Plan and Growth Plan do not apply to these applications. Since the public meeting was held in 2004 the applicant has been working towards addressing staff and agencies comments. The applicant has 826 REPORT NO.: PSD-084-10 PAGE 3 submitted several studies and reports in support of the applications, including planning reports, environmental reports and a hydrogeological study which has went through the Region of Durham's peer review process. 3.5 As a result of the staff and agency review process, the layout of the proposed eight (8) lots has been revised and the lots are slightly larger and reconfigured to address hydrogeological, grading and drainage concerns. The revised layout is included as Attachment 4. 3.6 Given the time that has lapsed since the 2004 public meeting and the changes to the proposal, a second public meeting is warranted. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands have a total area of 20 hectares and the lands to be added to the Hampton settlement area have an area of 6.6 hectares. A significant woodlot is .located on a portion of the subject lands and other lands have been previously used for agriculture. No buildings or structures exist on the subject lands. 4.2 Surrounding Uses: East: North: West: South: Unopened municipal road allowance and Agricultural Agricultural Residential - single detached dwellings Residential - single detached dwelling 5.0 PROVINCIAL POLICY 5.1 1997 Provincial Policv Statement (1997 PPS) The subject applications were submitted in 2003 (prior to the release of the 2005 PPS) and will be considered under the 1997 Provincial Policy Statement. The 1997 PPS identifies settlement areas as the focus of growth and should only be expanded where existing designated areas in the municipality do not have sufficient land supply to accommodate the growth projected for the municipality. Development and land use patterns that would hinder the efficient expansion of settlement areas are not permitted in adjacent areas. Land requirements and land use patterns will be based on efficient use of land and infrastructure. Development and site alteration may be permitted on lands adjacent to significant woodlands if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. 5.2 Greenbelt Plan The subject applications were submitted in 2003 and prior to the Greenbelt Plan coming into effect (December 16, 2004), Any decision made with respect to the subject applications is not required to conform to the Greenbelt Plan. 827 REPORT NO,:PSD-084-10 PAGE 4 5.3 Growth Plan The subject applications were submitted in 2003 and prior to the Growth Plan coming into effect (June 16, 2006). Consideration of the subject applications shall continue as if the Plan had not come into effect. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "General Agricultural Area" within the Durham Region Official ~ Plan. General Agricultural Areas shall be used predominantly for agriculture and farm- related uses. The lands are adjacent to the Hamlet of Hampton and front onto Ormiston Street. The policies in effect at the time the applications were made would allow for a minor expansion to the hamlet area boundary subject to a number of conditions. 6.2 The Clarington Official Plan designates the subject lands "General Agricultural Area". General Agricultural areas shall be used predominantly for farm and farm-related uses. The applicant is seeking to expand the hamlet boundary. The "Rural Settlements Area" policies state that through an official plan amendment to expand the limits of a hamlet, a settlement capacity study shall be prepared by the proponent to the satisfaction of the . Municipality and the Region of Durham. 7.0 ZONING BY-LAW CONFORMITY 7.1 The subject lands are currently zoned "Agricultural Exception (A-1)", which permits a single detached dwelling and farm uses. The applicant is requesting an amendment to Zoning By-law 84-63 which would be appropriate to permit the proposed eight (8) single detached residential dwellings on lots. 8.0 PUBLIC 'NOTICE AND SUBMISSIONS 8.1 Initial Public MeetinQ held on January 26. 2004 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the lands, facing Ormiston Street. Prior to the public meeting, three (3) inquiries were received on this application. All individuals were looking for further information and asked to be kept informed of development on this project. No o.bjections or endorsements were offered. A written letter was received from a homeowner with concerns about possible well contamination and requested reimbursement should contamination occur in the future. At the public meeting, seven (7) individuals, including the applicant, made oral submissions. Environmental protection and water quality were key concerns at the time. 828 REPORT NO.: PSD-084-10 PAGE 5 8.2 Second Public Meetino scheduled for Julv 5. 2010 8.3 Public notice was given by mail to each landowner within 120 metres of the subject site and one public meeting notice sign was installed on the lands, facing Ormiston Street. 8.4 In 2010, three (3) inquiries have been received as a result of the recent notice. All individuals were looking for a status update on the files and were citing similar concerns with respect to the environmental protection of the woodlot and water quality. The individuals requested notification of future meetings. . 9.0 AGENCY COMMENTS 9.1 The following agencies provided comments of no objection to the Official Plan Amendment application: . Kawartha Pine Ridge District School Board; . Peterborough Victoria Northumberland and Clarington Catholic District School Board; . Enbridge;. . Rogers Cable; and . Clarington Emergency Services. 9.2 The Clarington Engineering Services Department has no objection in principle to the proposed amendment subject to the following conditions: . The applicant will be required to enter into a development agreement with the . Municipality which will include standard clauses and schedules normally contained within a residential subdivision agreement, including works cost. estimates, requirements for occupancy, maintenance periods, securities etc.; . A 4.03 metre road widening along Ormiston Street is to be dedicated to the Municipality; . Grading and drainage details require further review and discussion. The overall stormwater drainage scheme should be revised in such a way that will direct the majority of stormwater flows to the road allowance on Ormiston Street. The existing storm sewer located on the south side of Ormiston Street should be used for additional outfall locations. Collector swales or ditches should be located on the severed parcels and directed to the Ormiston Street road allowance; . Application for property access is required; . The applicant is responsible for any costs necessary to facilitate the construction of entrances from the subject property to Ormiston Street; and . The appropriate cash-in-lieu of parkland contribution is required. 9.3 The Regional Planning Department advised that the subject Official Plan Amendment application is not exempt from Regional approval. Regional Planning staff have examined all submitted studies and reports and have provided comments on the proposal to expand the Hamlet limits. 829 REPORT NO.: PSD-084-10 PAGE 6 The applicant's hydrogeological work has been peer reviewed in accordance with the Region's requirements. The proponent's consultant is required to provide written confirmation on three outstanding items contained in the most recent peer review document submitted by Golder Associates. The Regional Planning Department has no objection in principle to the proposed applications and the applicant has satisfied the Region's policies with respect to the expansion to the hamlet boundary, subject to receiving the written confirmation on the remaining items. Conditions will be imposed at the time of lot creation. 9.4 Regional Health has no objection to the proposed official plan and zoning amendments in principle, however approval has not been given until more detailed plans are submitted through the subdivision and or consent approval process. Further plans to be submitted shall include a site servicing plan for all lots showing proposed and primary reserve tile beds and a surface drainage plan. 9.5 Bell Canada advises that a telecommunication facility easement may be required to service .these lands and that this easement be noted in any development agreement on these lands. Also, the Owner shall be requested to enter into an agreement with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the Owner shall advise the municipality of the arrangement made for such servicing. 9.6 Central Lake Ontario Conservation Authority has been involved in the review of the Hydrogeological reports and the Stormwater Drainage Reports. While the technical details of the grading and drainage scheme can be resolved during the detailed design stages, CLOCA has recently identified concerns with respect to the proposed lot configuration and the protection of the significant woodlot on the subject lands. 9.7 Comments are still outstanding from Hydro One Networks Inc. 1 0.0 STAFF COMMENTS 10.1 The lands subject to the official plan application and rezoning application are located on the north side of Ormiston Street in Hampton. Ormiston Street is an existing paved municipal road, with street lighting. The Hampton Junior Public School is I.ocated on the south side of Ormiston Street. The subject lands are made up of three parcels, divided by two unopened, 3 metre wide, municipal lanes. 10.2 The applicant is seeking a re-designation to expand the hamlet boundary. The Clarington Official Plan states that the predominant use of lands within a hamlet shall be for single detached dwellings. The applicant is proposing eight (8) new lots ranging in size from 0.42 ha to 1.09 ha. Each lot is to be serviced by individual private septic systems and wells. The remainder of the subject lands approximately 13 ha (33 ac.) would continue to be designated and zoned agricultural, except for those lands designated and zoned as an environmental protection area to recognize the significant woodland and buffer area. 830 REPORT NO.: PSD-084-10 PAGE 7 10.3 Historically, both the Conservation Authority and local residents have expressed concern about soil contamination, water quantity and water quality in Hampton. This is due to the high water table, the predominance of clay soils with poor drainage in the Hampton area, existing shallow wells and existing small lot sizes supporting private septic systems. The Proctor & Redfern Group undertook a Secondary Plan Study of the Hamlet of Hampton on behalf of the Town of Newcastle (now the Municipality of Clarington) in 1989. The results of this study indicated that further expansion of Hampton should be: limited to minor infilling; a Hydrogeological study be required prior to development; new wells should be drilled; and that all lots be a minimum of 0.4 ha (1 ac.) in area. 10.4 Following this study, Regional Council adapted hamlet policies for the Town of Newcastle Official Plan. These policies were further refined and incorporated into the current Municipality of Cla'rington Official Plan. The policies state that a proponent shall prepare a settlement capacity study that includes the following: . a Hydrogeological Study; . an assessment of servicing alternatives; . an assessment of the long-term suitability of the soil conditions for private septic systems; . an assessment of surface drainage; . identification of constraints for development; . an inventory of cultural resources and assessment of how new growth will be consistent with the historic character of the area; . an environmental inventory and assessment of impact of new growth on the natural, built and cultural environments; . an assessment of the impact on agricultural lands; and . conformity to the Minimum Distance Separation Formulae from livestock. 10.5 At this time, the applicant has provided two (2) planning reports, an environmental assessment report and an addendum report, astormwater management study and update, a Hydrogeological Study and revisions thereto. All studies and reports have been reviewed by Clarington Staff, CLOCA and the Region of Durham. The Hydrogeological work has been peer reviewed. The peer review supports the creation of . eight (8) residential lots serviced by private wells and septic systems, subject to receiving written confirmation on three outstanding technical items. 10.6 Pending final concurrence on the above noted outstanding items, planning staff from . both the Region of Durham and the Municipality of Clarington are satisfied that the applicant has met the objectives of the regional and local Official Plans in order to approve the minor expansion to the Hampton settlement area boundary for the following reasons: . A positive peer review of the hydrogeological studies and reports; . The absence of servicing alternatives - lots will be serviced by private wells and private septic systems; . Soil conditions have been addressed by the hydrogeological work; . Surface drainage will be directed to the street right-of-way and any necessary drainage easements will be secured through the applications to divide the land; 831 REPORT NO.: PSD-084-10 PAGE 8 . These lots will have frontage along Ormiston Street which is an existing municipal street maintained on a year-round basis. Residential lots exist along the south side of Ormiston Street. Aside from providing adequate protection to natural heritage features and the suitability of the lands for installing private services, there are no other known constraints for development. The current development plan does not land lock the remaining lands as sufficient lands hav~ been set aside for a future road, although consideration for future development would be significantly impacted by both the Greenbelt and Growth Plans; . Zoning requirements will be compatible with existing development in the area; . The submitted environmental assessment report which identifies the significant features on the subject lands and derives a buffer area requires approval by . CLOCA; . The subject lands are not Prime Agricultural lands and lands outside of the development area can continue to be farmed; and, . There are no active farm operations within 1 km of the subject lands. 10.7 While the proposed development appears to be nearing completion of the review process, Staff are withholding their recommendation until the issue of protection of the significant woodlot, the concurrence on technical matters of the hydrogeological report and any other matters raised at the public meeting are resolved. 11.0 CONCLUSIONS 11.1 It is recommended that the applications to amend the Clarington Official Plan and implementing Zoning By-law 84-63, continue to be processed, including the preparation of a subsequent report considering all agency comments and concerns raised at the Public Meeting. Staff Contact: Anne Taylor Scott Attachments: Attachment 1 - Key Map Attachment 2 - Air Photo Attachment 3 - Original Severance Plan Attachment 4 - Proposed Severance Plan Interested parties to be notified of Council and Committee's decision: Michael Ricciuto John Winters Anne Taylor Dianne Fothergill Mark Matheson Mark Laroque Libby Racansky Owen Webster Beth Webster Gerry Pearson Dave Shmyr Brett Smith Karen & James Barry Cockerham Linda Gasser Brian Annis 832 -i o ::0 m "0 o ;::+ ):: " ::: Vl Cll o t"'l , ::l 03 COm f"::l ..... .... 0.... COP A 2003-0009 Clarington Official Plan Amendment Ll!II1ds to be deslgnllted H lII11Iet Resldertlal Smject Lands Property Location Map (Darlington) ZBA 2003-036 Zoning By-law Amendment Mike Ricciuto et. al Owner: fZI C tv A . ~ " .." !~ > 9...... B~ ~.. "" ~:; ~:: .. ~ '" ... 0 ~ ~:~ 2 I- ...~ ~ Cl' Q'" 47 <<:z>w 0- ~t4 ~ ..t.t. "- t- o -' z '" '" '" w u z o u .. 20M :;" 9lf ~~ ;~ ~l :;!!1 ill.. '" u oZ I- r- =: ",,,,, ct ~~ 0. oJ" ce'L" Sf 3~ "~ ~t " " au ~ z ~ co w w Attachment 2 To Report PSD-084-10 CD M o o , M o o N <( CD N 834 Attachment 3 To Report PSD-084-1O -.J o ~ a:: o <( o a:: ~ o r w -' o z ::> a:: DURHAM ROAD 4 ., I II Lot 17, Concession 5 I PAR~i 'C' AREA = 6,4 Ha, I I C'") I ~ C\J f- I ~ ~ I lil -J li! 52 I ~ ~ I ~ I I m PARK LOT 28 20m J PARK LOT 27 PARK LOT 26 PARCEL 'A' AREA = 11.08i Ha, ~ ~ PARK LOT 25 ~~ Subject Lands Hampton Key Map I ZBA 2003-036 Zoning By-law Amendment COPA 2003-009 Clarington Official Plan Amendment Owners: Mike, Antonio, Isolina & Michael Ricciuto, Gina & Russell Stone 835 ~J I~ . ~ .. ;J ....2. R~D ALLOWANCE BETIfEEN LOT;--;;-~ ~. _. - -.-.-.-.-.-.--.-.-.- / / / / / PART 10 L.AfG 10 BE ftETAlf\I!D FOLLOWING EVERAHCI OF ,..ul:1S 4.!5.6.7 AM) a MEA 76&67.-2 POND 1/ILL co w m Cl!J!:ipn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: Report #: PSD-085-10 File #: ZBA 2010-0015 Subject: . APPLICATION FOR PROPOSED ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENT LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-085-10 be received; 2. THAT the revision proposed to the zoning by-law amendment is deemed minor and no further public notice is required; 3. THAT the rezoning application submitted by Strike Furlong Ford on behalf of Barr's Development Limited be approved and that the Zoning By-law Amendment as contained in Attachment 2 to Report PSD-085-1 0 be adopted by Council provided there. are no significant issues raised at the public meeting; and 4. THAT all interested parties listed in Report PSD-085-10 and any delegations be advised of Council's decision. Reviewed by: d~~~ Franklin Wu, Chief Administrative Officer RH/CP/df 25 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 837 REPORT NO.: PSD-085-10 PAGE 2 1.0 APPLICATION DEl AILS 1.1 Agent: Strike Furlong Ford, Barristers & Solicitors 1.2 Applicant: Barr's Development Limited 1.3 Proposal: To rezone the subject lands to permit an increase in the maximum permitted front yard setback to a dwelling from 15 metres to 35 metres and provide similar increases to the maximum permitted front yard setback to a porch and an attached garage. 1.4 Area: 4.49 hectares 1.5 Location: The subject lands are located in the Rural Cluster of Bond Head, east of Newcastle Village. The property is contained within Part Lot 27, Broken Front Concession, in the Former Township of Clarke. 2.0 BACKGROUND 2.1 On October 18, 2006, Barr's Development Limited submitted Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision applications to the Municipality of Clarington for the development of nine (9) residential lots. A Planning Report, a Preliminary Stormwater Drainage Report and Hydrogeological Assessment Report were all submitted iil support of the application. 2.2 The applicant amended the application in 2008 to reduce the number of lots to eight (8), based on a personal decision, not a requirement based on the findings of a requisite study. On July 14, 2008, Council passed By-law 2008-130 to amend the Zoning By-law in order to allow the development of the eight (8) residential lots submitted by Barr's Development Limited. The site was rezoned from "Agricultural Exception (A-1) Zone" to "Holding - Residential Cluster Exception ((H)RC-14) Zone". 2.3 On June 1, 2010, the applicant submitted a subsequent application to amend the "RC- 14" zone to permit an increase in the maximum permitted front yard setback to a dwelling from 15 metres to 35 metres and provide similar increases to the maximum permitted front yard setback to a porch and an attached garage. 2.4 The applicant has suggested that the purpose of the proposed increase in front yard setback is twofold: (1) to legalize the location of a dwelling located to avoid the drip edge of a black walnut tree located on lot 3 and designated as a significant feature to be preserved within the tree preservation plan approved for the development; and (2) to better reflect the rural setting of the Bond Head area, as the front yard setback of the newer existing homes ranges from 7 metres to 95 metres. 838 REPORT NO.: PSD-085-10 PAGE 3 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property has frontage along Queen Victoria Street, Park Lane and Boulton Street, and is a greenfield site that has previously been used for agriculture. The property remains vacant, with the exception of lot 3 for which the holding provision has been removed and the construction of a single detached dwelling has commenced. 3.2 The surrounding uses are as follows: North: South: East: West: vacant agricultural lands single detached dwellings in the rural cluster single detached dwellings in the rural cluster single detached dwellings in the rural cluster 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement The Provincial Policy Statement permits limited residential development in rural areas and states that development shall be appropriate to the infrastructure which is available. Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The application seeks to increase the maximum permitted front yard setbacks for eight (8) draft approved lots in a registered plan of subdivision. The application is consistent with the Provincial Policy Statement. 4.2 Provincial Growth Plan The Growth Plan states that population growth will be accommodated by directing development to settlement areas. Settlement areas include rural settlement areas, in this instance a rural cluster, where development is concentrated. The application does not seek to expand the cluster beyond the area where development is concentrated. As the subject lands will be serviced by an existing municipal water service and accessed by existing municipal roads, staff believe the application will make efficient use of existing infrastructure. Staff find the application to be in conformity with the Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The subject lands are designated "Waterfront Area" in the Durham Regional Official Plan. The Regional Plan also recognizes Bond Head as a rural residential cluster. Lands designated "Waterfront Area" require that development shall not negatively impact key natural heritage or hydrologic features. Development shall also make provision for public access to the waterfront. 839 REPORT NO.: PSD-085-10 PAGE 4 5.2 Clarinaton Official Plan The subject lands are designated "Waterfront Greenway" in the Clarington Official Plan and are located adjacent to the Rural Residential Cluster of Bond Head as defined in the Zoning By-law. The Rural Residential Cluster policies state that no expansions to the limits of the Cluster are permitted once the area of the Cluster has been defined. Through the Zoning By-law adopted in conjunction with approval of COPA 2006-0003, an expansion of the Cluster to accommodate the eight (8) residential units was permitted. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as "Holding - Residential Cluster Exception ((H)RC-14)", with the exception of lot 3 for which the holding provision has been removed. Barr's Development Limited has applied to amend the Zoning By-law to permit an increase in the maximum permitted front yard setback to a dwelling from 15 metres to 35 metres and provide similar increases to the maximum permitted front yard setback to a porch and an attached garage. The application also proposes removal of the holding (H) symbol. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site. Also, three (3) public meeting notice signs were installed on the property along the Queen Victoria Street, Park Lane and Boulton Street frontages. 7.2 . A number of residents from the area enquired about the proposed application and expressed concern for the removal of trees identified on the tree preservation plan from the Boulton Street road allowance. However, concerns specific to the increase in maximum front yard setback were not expressed. 8.0 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. 8.2 Clarington Engineering - Building, Clarington Emergency and Fire Services, Durham Regional Planning Department and Durham Regional Health Department have no objection to this proposal. 9.0 STAFF COMMENTS 9.1 To unify the new residential lots with the older existing rural cluster development in the original rezoning application (ZBA 2006-0029), zoning standards controlled lot frontage and dwelling setbacks. Each new lot has a minimum frontage of 45 metres, and the required front and exterior side yard setbacks have a minimum and maximum setback for porches, dwellings and attached garages. The maximum front yard setback was introduced to require dwellings to have a street front presence, rather than appearing as individual estate properties with the dwellings set back far from the street. 840 REPORT NO.: PSD-085-10 PAGE 5 9.2 On November 25, 2009, a building permit was issued for a single detached dwelling on lot 3 of the subdivision (60 Park Lane) after the holding symbol was removed. The Planning Services Department approved the proposed location of the dwelling as it met all zone provisions, including the minimum and maximum front yard setback requirements with a proposed front yard setback to the dwelling of 12.45 metres. However, the new dwelling was constructed at a distance of 34.4 metres from the front property line in order to preserve a black walnut tree located on the lot and designated as a significant feature in the tree preservation plan. The original Zoning By-law amendment from "A_1" to "(H)RC-14" was passed on July 14,2008, which was prior to the submission of the tree preservation plan submitted to satisfy a condition of draft approval (received August 10, 2008 and last revised October 15, 2009). Had the significant black walnut tree on lot 3 been identified for preservation prior to the drafting of the Zoning By-law amendment, consideration would have been given to identifying appropriate setbacks to allow for the preservation of the tree. 9.3 Staff support the front yard setback of 34.4 metres for the dwelling on lot 3 as it complies with the subdivision.'s tree preservation plan. Furthermore, the location of the new dwelling is also generally con,sistent with the front yard setbacks on the east side of Park Lane which range from 18 metres to 55 metres. In consideration of the location of the new dwelling on lot 3 and the location of the existing dwellings on the east side of Park Lane, staff believe that although the remaining eight (8) lots are not constrained by the tree preservation plan, they should not be restricted by the maximum 15 metre front yard setback. If the remaining lots were restricted by this setback, the dwelling on lot 3 would appear out of place in relation to the other dwellings along Park Lane. Staff believe that rather than increasing the maximum front yard setback within the "RC-14" zone from 15 metres to 35 metres, which would result in a permitted range between 1 0 metres and 35 metres, the requirement for a maximum front yard setback should be deleted in its entirety from the zone. The maximum front yard setback of 15 metres to a dwelling was intended to ensure that the new dwellings were built with a street front presence similar to that of a number of the historic dwellings in the Bond Head cluster along Mill Street. However, because the dwelling on lot 3 could not be located closer to the front property line than 34.4 metres, it would be more favourable to allow the remaining eight (8) lots to remain in keeping with the character of Park Lane than to require a street front presence that would result in the dwelling on lot 3 to appear removed from its surroundings. 9.4 The "RC-14" zone also speaks to both minimum and maximum exterior side yard setbacks. Although the applicant did not request an increase in the maximum exterior side yard setback, staff believe that requiring such a setback is not suitable if the maximum front yard setback is deleted from the zone. The exterior side yard setback was not mentioned in the public notice; however staff consider deleting the requirement for a maximum exterior side yard setback a minor and favourable change to the requested Zoning By-law amendment. Section 34 (17) of the Planning Act allows Council to determine whether any further notice is to be given in respect of the proposed by-law where a change is made after the holding of the public meeting. The 841 REPORT NO.: PSD-085-10 PAGE 6 determination of Council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by- law. 9.5 Residents'lssues With respect to the residents' concerns regarding the removal of trees from the Boulton Street road allowance, the Engineering Services Department advised that the tree preservation plan was prepared for the subdivision and reviewed in the field by Engineering staff, including the Department's arborist. Appropriate changes were made, including increased preservation, after consultation with one property owner who lives adjacent to some of the trees. The plan, recommended by the arborist and approved, shows three trees to be removed on the north side of Boulton Street, near the property line, which will be replaced by four red oak trees. On September 25th, 2009, the applicant contacted the Engineering Services Department and requested that he be allowed to remove the three trees identified on the plan. The request was discussed with the Director of Engineering Services, and was allowed. All work was to take place on the north side of Boulton Street. On October 9th, 2009, a meeting was held between the Engineering Services Department and many area residents to review the tree preservation plan, discuss why the trees were recommended to be removed and outline the tree replacement plan, as well as the overall landscape plan for the subdivision. Engineering staff believe that the residents accepted the plan, which has been adhered to since. The trees shown in the replacement/landscape plan will be planted at the appropriate time, and no additional trees are proposed to be removed. 10.0 CONCLUSIONS 10.1 In consideration of the fact that the rezoning does not provide additional development rights and that no objections were received to the proposed front yard setback revision, staff respectfully recommended that provided there are no significant issues raised at the public meeting, that the proposed amendment to Zoning By-law 84-63 be approved, as shown on Attachment 2. Staff Contact: Robin Heathcote Attachments: Attachment.1 - Key Map Attachment 2 - Zoning By-law Amendment List of interested parties to be advised of Co.uncil's decision: Barr's Development Limited Strike Furlong Ford, Barristers & Solicitors M. Robert Davidson David H. Walton-Ball 842 c;t ;0 (1) "0 o ;:+)> ~(if on I ::r 03 CXl(1) l11:J ~l"'t' o .... Lake Ontario ZBA 2010-0015 Zoning By-law Amendment Owner: Barr's Development Ltd AI ~ QUEEN VICTORIA STREET LOTi LOT 2 LOT 3 w LOT 4 () z ~ 0 W ....I Z ....I :5 ~ LOTS 0 ~ ~ c::: 0 0: c::: 0 w z w LOT 6 0.. 0 Z :;) LOT 7 LOT 8 BOULTON STREET DARCY STREET Attachment 2 To Report PSD-085-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2010-0015; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 7.3.14 "RURAL CLUSTER EXCEPTION (RC-14) ZONE" is hereby amended by deleting Sections 7.3.14 c. i) and ii) and replacing them as follows: c. Yard Requirements i) Front Yard (minimum) a) Porch b) Dwelling c) Attached Garage a minimum of 7.5 metres a minimum of 10 metres a minimum of 12 metres ii) Exterior Side Yard (minimum) a) Porch b) Dwelling c) Attached Garage a minimum of 7.5 metres a minimum of 10 metres a minimum of 12 metres 2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - Rural Cluster Exception ((H)RC- 14) Zone" to "Rural Cluster Exception (RC-14) Zone" as illustrated on the attached Schedule "An hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 844 This is Schedule "A" to By-law 2010- , passed this day of ,2010 A.D. QUEEN VICTORIA STREET :-.-.-.-.-.-. . .r-- I. ii ._._ I i Ii! i (-'-.~'-'-'T'-."'! ~ I. i 1 [Q! , . I I . i . L___________~~.:~ DARCY STREET I Q r---~~~~~~~~~~--~~ ~ . I !5 IQ 1 i . '-.-.-'1 ~.-.-'-.l I . II . , I J I: -.-.-.-. i I !------\ 'I-.-.-.-'-.-.-.l ~ . ~ . '1 ~ .-.-.-\ ~ i i " ~.-.-.t'-'-.-J ~ I . r.-'-'-' I' ; i i . ~ ; r.:.-.-.,.==-' j I. I'-'-.-'~ .! . I I i I I --.-.-.-'.-'-'-'1 ! i! I ! i ,. ! L. -..:.~ =.. ..L::<:..l. _. _. _. J I L._._._ i -...., I t-.-.- .. --- f-.-.- i L._._._ I j ....." !._-=-~-= .L...._._ I .. J ~=.== t.=:'~.- J 1-.-.-.- I ~ 1_._.-. SOUL TON STREET ~ Zoning Change From "(H)RC-14" To "RC-14" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk AI ~ 1;; jji tv AJ ZBA 2008.0029 Schedule 5 845 Cl~glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-Iaw#: Report#: PSD-086-10 File #: S-C-2005-002, COPA 2008-0006 and ZBA 2005-0041 Subject: PROPOSED OFFICIAL PLAN AMENDMENT, PROPOSED ZONING BY-LAW AMENDMENT, PROPOSED FENCE BY-LAW AMENDMENT AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 541 RESIDENTIAL UNITS, TO DELETE A PUBLIC ELEMENTARY SCHOOL SYMBOL AND INCREASE THE MEDIUM AND LOW DENSITY & TOTAL UNITS IN THE NEIGHBOURHOOD . APPLICANT: FAR SIGHT INVESTMENTS LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-086-10 be received; 2. THAT Amendment No. 76 to the Clarington Official Plan as submitted by Far Sight Investments Ltd. to delete the Public Elementary School Symbol; to increase the housing targets for Vincent Massey Neighbourhood in Table 9-2; and to increase the corresponding population allocation for Vincent Massey Neighbourhood on Map H2 as contained in Attachment 3 of Report PSD-086-10 be adopted and the By-law contained in Attachment 4 of Report PSD-086-10 be passed; 3. THAT the application for the proposed Draft Plan of Subdivision, submitted by Far Sight Investments Limited to permit the development of 541 residential units be approved, subject to the conditions contained in Attachment 5 of Report PSD-086-1 0; 4. THAT the Zoning By-law Amendment application submitted by Far Sight Investments Limited to implement the proposed Draft Plan of Subdivision be approved as contained in Attachment 6 of Report PSD-086-10; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 846 REPORT NO.: PSD-086-10 PAGE 2 5. THAT the Fence By-law Amendment to permit razor wire ona fence at 340 King Street East in Bowmanville, be approved as contained in Attachment 7 of Report PSD-086-10; 6. THAT the By-law authorizing the entering into of a Subdivision Agreement between the Owner of Draft Plan of Subdivision S-C-2005-002 and the Municipality of Clarington be approved as contained in Attachment 8 of Report PSD-086-10; 7 . THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-086-10 and Council's decision; and 8. THAT all interested parties listed in Report PSD-086-10 and any delegations be advised of Council's decision. .' . . Submitted by: / CSLA, MCIP lanning Services Reviewed by:d~...::., ~ Franklin Wu Chief Administrative Officer MH/CP/df/av 28June 2010 847 REPORT NO.: PSD-086-10 PAGE 3 APPLlCA liON DETAILS 1.1 Applicant: Far Sight Investments Limited 1.2 Owner: Schickedanz Bros. Limited 1.3 Plan of Subdivision: To permit a 541 residential dwelling unit Plan of Subdivision comprised of 273 single detached dwellings, 5 blocks containing 29 on-street townhouse units, 2 medium density blocks containing 239 medium density dwellings, 1 park block, 1 parkette block, a stormwater management facility and 2 open space blocks (Attachment 2). 1.4 Official Plan Amendment: i) To delete the Public Elementary School symbol; ii) To increase the number of low density units and medium density units allocated in the Vincent Massey Neighbourhood; and iii) To increase the population allocation for the Vincent Massey Neighbourhood. 1.5 Zoning By-law Amendment: To rezone the subject lands from "Agricultural (A)" to an appropriate zone to permit the development of the above-mentioned Draft Plan of Subdivision. 1.6 Site Area: 46.041 ha 1.7 Location: The subject lands are located in the Bowmanville Urban Area, east of Soper Creek, south of Concession Street East and north of Durham Highway 2. The property is contained within Part Lot 7, Concession 1, former Township of Darlington (Attachment 1). 2.0 BACKGROUND 2.1 In September 2005, Staff received an application submitted by Far Sight Investments Limited to amend the Zoning By-law along with an application requesting approval of a Draft Plan of Subdivision for 422 residential dwelling units. Given the comments received and the requirement for an Environmental Impact Study (EIS) and a Financial Impact Analysis at the public meeting on November 21,2005, the application was referred back to staff for further processing and review. 2.2 In July 2006, the Kawartha Pine Ridge District School Board confirmed that a school site for a public elementary school would no longer be required on the subject lands as students will be accommodated in an expanded Vincent Massey Public School or John M. James Public School. The proposed Draft Plan of Subdivision was revised to remove the public school block and to add additional residential lots. 848 REPORT NO.: PSD-086-10 PAGE 4 2.3 .In October 2008, a final version of the EIS was submitted to the Municipality of Clarington. The EIS recommended that the focus of protection and enhancement on the site should be the natural habitats associated with Soper Creek. As a result, a number of development limits were established, and incorporated into the Draft Plan of Subdivision. 2.4 In November 2008, an application for Official Plan Amendment was submitted by the applicant in support of the Draft Plan of Subdivision. The application proposes to delete the public elementary school symbol, increase the low and medium density dwelling unit allocations for the Vincent Massey Neighbourhood, and also increase the overall population allocation for the neighborhood. 2.5 A second public meeting was held in December 2008 to discuss the proposed Official Plan Amendment and the revisions made to the Draft Plan of Subdivision. The revised plan had incorporated those development limits recommended by the EIS, the deletion of the public school site and an increase in proposed dwelling units. A number of significant issues had not been resolved prior to the public meeting, including the issues raised by the Bowmanville Zoo relating to security measures between properties as well as concerns raised by the Municipality relating to timing of the development. 2.6 A Financial Impact Study was undertaken by the Municipality in late 2007 early 2008, which concluded that advancing the proposed development will have an overall negative fiscal impact on the Municipality as the subject lands were not anticipated to develop until 2014 or later and the works required for the development were not within the Mun,icipality's 10 year capital works forecast. However, within the background study to the recent Council approved Development Charges. By-law, it was determined that the road improvements associated with the development of the subject lands is now within the 10 year capital works forecast. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is currently vacant and has frontage along Lambs Road, Concession Street East and Regional Highway 2. The property is a greenfield site that has previously been used for agriculture. 3.2 The surrounding uses are as follows: North - South - Former private school site at 2020 Lambs Road 1.306 hectare parcel of land to be retained by the Owner, which has frontage on Lambs Road and Regional Highway 2 Rural residential and agricultural Soper Creek, Bowmanville Zoo, existing low density residential East - West - 849 REPORT NO.: PSD-086-10 PAGE 5 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The subject applications were submitted after the release of the new PPS on March 1, 2005, and therefore were reviewed in the context of the 2005 PPS. The subject applications have regard for the policies of the applicable PPS, as follows: 4.1.1 New Development should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public facilities. 4.1.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land, are appropriate for the planned infrastructure and avoid the need of uneconomical expansion, and minimizes negative impacts to air and water quality. 4.1.3 Planning authorities shall maintain at all times the ability to accommodate residential growth for a minimum of 10 years for lands which are designated for residential growth and a three (3) year supply of lands which are within draft approved and registered plans. A full range of housing types and densities shall be provided to meet projected requirements of current and future residents of the regional market area. 4.1.4 Healthy and active communities should be promoted by planning for safe public streets, spaces and facilities which will meet the needs of pedestrians, facilitate pedestrian and non-motorized movement including walking and cycling. In addition, they shall provide for a full range of publicly-accessible, built and natural settings for recreation which includes parklands, open spaces, and trails. 4.1.5 Public service facilities (such as schools) should be provided in a co-ordinated, efficient and cost-effective manner to accommodate projected needs. The use of existing facilities should be optimized, wherever feasible, before consideration is given to developing new facilities. 4.2 Provincial Growth Plan 4.2.1 The proposed Draft Plan of Subdivision and rezoning applications were submitted prior to the release of the Provincial Growth Plan in June 2006 and as such are subject to the transition policies of the Growth Plan. The Plan states that applications predating the Growth Plan shall continue and be disposed of as if the Growth Plan had not come into effect. 4.2.2 The proposed Official Plan Amendment was submitted in fall 2008, and therefore is subject to the policies of the Provincial Growth Plan. The subject site is located within the Province's Final Built Boundary for the Growth Plan. Population and employment growth will be accommodated by directing a significant portion of new growth to the built-up areas of the communities through intensification. Intensification is defined as: ''The development of a property, site or area at a higher density than currently exists through development of vacant and/or underutilized lots within previously developed areas or infill development." 850 REPORT NO.: PSD-086-10 PAGE 6 4.2.3 Although the Municipality of Clarington and the Region of Durham are still in the process of amending their Official Plan's to conform with the Provincial Growth Plan policies, the proposed Official Plan Amendment seeks to achieve a higher density than what was contemplated by the Official Plan when it was approved in 1996. The proposed compact form of development, with a range and mix of dwelling types and pedestrian/biking trail system which serves as a link to other uses within Bowmanville, is compliant with the principles of the Provincial Growth Plan. 5.0 OFFICIAL PLANS 5.1 Durham Reaional Official Plan 5.1.1 The subject lands are designated Living Areas and Major Open Space Areas in the Durham Region Official Plan. Within Living Areas, residential development is permitted and shall incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. 5.1.2 The applicant has proposed open space blocks on those lands which fall within the Major Open Space Areas designation, and which contain the Soper Creek Valley lands. The proposed uses within the Draft Plan of Subdivision comply with the policies of both the Living Areas and Major Open Space Areas designations. 5.1.3 The net density of the proposal is 29 units per hectare. The Region's Growth Plan conformity study (Growing Durham) has proposed an average density target of 50 to 55 units per net hectare in Greenfield Living Areas with a 28 unit per net hectare minimum density. The development proposal meets the minimum density target as recommended in the Growing Durham Study. 5.2 Clarinaton Official Plan 5.2.1 The subject lands are designated Urban Residential and Environmental Protection Area within the Clarington Official Plan. In addition, these lands include two (2) medium density symbols, a Neighbourhood Park and a Public Elementary School symbol. The Environmental Protection Area contains significant woodlands and significant valleylands which form part of the Municipality's Natural Heritage System. The proposed Official Plan Amendment is proposing to remove the Public Elementary School symbol and adjust the population targets for the neighbourhood. 5.2.2 An Environmental Impact Study (EIS) is required for all development applications located on lands within or adjacent to Natural Heritage features including woodlands and valleylands. An EIS was completed in 2008, which established development limits and mitigation measures to the satisfaction of the Municipality and the Central Lake . Ontario Conservation Authority. 5.2.3 Within the Official Plan, it states that a Neighbourhood Design Plan is required for all neighbourhoods prior to Draft Approval of a Plan of Subdivision. Considering that the subject lands are the last remaining parcel within the Vincent Massey Neighbourhood, 851 REPORT NO.: PSD-086-10 PAGE 7 a neighbourhood design plan was not required, A concept plan was submitted by the applicant to demonstrate how the Plan of Subdivision would connect with existing development through a pedestrian trail network. 5.2.4 Residential neighbourhoods shall be developed in accordance with a number of Urban Design principles which include: grid streets to encourage social interaction; public spaces located on prominent sites with significant street frontage; house designs which encourage social interaction and allow for views along the street; enhancement of open space linkages and protection of natural features; opportunities to provide views of the natural features and high visibility of public spaces for public safety and security. The applicant has made adjustments to the plan which allow for greater views and access to the valleylands and has further defined the medium density areas to create a transit supportive development pattern. 5.2.5 Within the Official Plan, the Bowmanville Zoo is identified as a Tourism Node. Tourism Nodes are areas of major recreational and tourism potential. It is therefore important to ensure that the proposed Draft Plan of Subdivision, which is located directly east of the Zoo lands, does not result in adverse impacts to the Bowmanville Zoo establishment. The proposed uses are to remain compatible with the Zoo lands with respect to public access, separation of uses and visual impact. The applicant has taken into account the concerns raised by the Bowmanville Zoo and the Municipality, with respect to public safety and animal safety and is confident that they will satisfy all of these concerns (see Section 10.0 for further details). 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned "Agricultural (A) Zone" and the "Environmental Protection (EP) Zone". The applicant has applied to rezone the .property to permit the proposed Draft Plan of Subdivision. 7.0 SUMMARY OF BACKGROUND STUDIES 7.1 Environmental Impact Study (EIS) In accordance with the policies of the Clarington Official Plan, Aquafor Beech Limited conducted an EIS on behalf of the Municipality of Clarington during 2007 and 2008. The study was undertaken to identify any significant features and the extent of related constraints such as hazard areas, to examine the Soper Creek and East Soper Creek that traverse the property, to review all natural heritage issues associated with the property, including any woodlands. The EIS also identified cumulative impacts and recommended mitigation measures. The EIS found no significant species, nor rare vegetation community types in the subject study area. 852 REPORT NO.: PSD-086-10 PAGE 8 7.2 The study made a number of recommendations, which include the following: i) A 5 metre setback from the western edge of the worked agricultural field; ii) A 10 metre setback from wetland features associated with the East Soper Creek in the southwest area of the property; iii) A 30 metre coldwater fisheries setback from each bank of the Soper Creek and East Soper Creek; iv) Vegetation replanting along areas of the Soper Creek with native species; and v) Erosion and sediment control measures to be adhered to prior to and during construction. 7.3 Some of the recommendations have been implemented in the redesign of the Draft Plan of Subdivision. If approval of the subdivision occurs, the remaining recommendations of the EIS would be implemented through conditions of draft approval, through permits required from the Conservation Authority and development agreement with the Municipality of Clarington and through detail design review by Engineering Services. 8.0 PUBLIC SUBMISSIONS 8.1 Two (2) public meetings were held concerning the subject applications; the first meeting was held on November 21,2005 to discuss the proposed Draft Plan of Subdivision and rezoning applications, and the second meeting was held on December 1, 2008 to discuss a revised plan and Official Plan Amendment. There were a number of concerns from residents on the submission of the applications. These concerns are summarized as follows: Conflict with the existing zoo pertaining to security for the zoo, security for private citizens and setback from development to animals and manure; Impact of development on abutting agricultural uses by light and dust; Impact on residential wells along Lambs Road; . Increased traffic on Lambs Road; Development is at too high density; Impact on taxes of rural residential properties in the area; Protection .of the existing tree line along the west side of Lambs Road; and Constitutes urban sprawl on the east side of Soper Creek. 8.2 A number of the residents' concerns have been addressed by the applicant and others will be addressed through conditions of approval (see section. 1 0.0 for further details). 9.0 AGENCY COMMENTS 9.1 Hydro One Networks Inc., Rogers Cable Communications Inc. and Clarington Emergency & Fire Services offered no concerns or objections to the proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment. 853 REPORT NO.: PSD-086-10 PAGE 9 9.2 Enbridge Gas Distribution Inc. offered no concerns or objections to the proposal and asked that a number of standard conditions be included in the conditions of draft approval. 9.3 Kawartha Pine Ridge District School Board (KPRDSB) has confirmed with Staff that a new school site is no longer required within the proposed Plan of Subdivision. Students will be accommodated in an expanded Vincent Massey Public School or John M. James Public School. KPRDSB students will be bussed and will walk to school from the proposed Draft Plan of Subdivision. For this reason, KPRDSB requests that the phasing of the subdivision must at all times afford a continuous and safe walking route for pupils, from their homes to their school. The comments made by KPRDSB also represent the comments from the Peterborough Victoria Northumberland and Clarington Catholic District School Board. 9.4 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the Environmental Impact Study (EIS) prepared for the subject site and find it to be generally acceptable; however, some minor revisions are required. In addition, a complete stormwater management report and detailed design will be required prior to CLOCA's final approval. Although CLOCA has outstanding concerns with the EIS and Functional Servicing Report, they believe these issues generally relate to the detailed design and can be addressed through conditions of approval. A number of standard conditions are requested by CLOCA, including: satisfying recommendations of the EIS as amended; approval of final erosion hazard limits; preparation of a restoration plan; dedication of open space blocks to the Municipality of Clarington; installation of non-gated fencing along the rear of lots abutting open space blocks; preparation of a Homeowner's Guide relating to the natural heritage features on the site; and the submission of a landscape plan for CLOCA review. 9.5 Bell Canada has advised that a telecommunication facility easement will be required to service the subject lands. The applicant is required to make appropriate arrangements prior to the issuance of final plan approval. Bell Canada also provided a number of standard conditions of draft approval. 9.6 The Region of Durham Planning Department has no objections to draft approval of the proposed Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment. . The proposed development lies within the existing Zone 1 Water Distribution System, in the Bowmanville Urban Area. The estimated static water pressure for this area is approximately 71-85 psi. Areas with static pressure exceeding 80 psi will require the installation of individual pressure reducing valves (within each residence at the developers expense) in order to limit the static pressure to not more than 80 psi. Municipal water supply can be provided from the existing 900 mm.watermain on Regional Highway No.2 at Haines Street. The developer will be required to extend a 300 mm watermain on Hig~way No.2, easterly to Lambs Road, on Lambs Road northerly to Concession Street East and on Concession Street East westerly connecting to the existing 300 mm watermain at Soper Creek Drive. 854 REPORT NO.: PSD-086-10 PAGE 10 Municipal sanitary sewers are available from a 675 mm trunk sewer on existing easement at Barley Mills Crescent. The developer will be required to extend the trunk sewer easterly crossing Soper Creek to proposed Street "H" in order to service the lands as well as external lands to the east of Lambs Road and to the north of Concession Street East. However, sanitary sewer capacity is currently not available to support the subject development. In order to provide municipal sanitary sewer servicing capacity for the proposed development, upgrades and/or expansion of the Port Darlington WPCP plant or alternative measures are required. A Noise Impact Study has been prepared and was submitted to the Region for review. In general, the Noise Impact Study is acceptable and the subdivision agreement for this development should include the necessary provisions to ensure that the recommendations of the study are implemented. The subject site is located within the Province's Proposed Final Built Boundary for the Growth Plan. The net density of the proposal is 29 units per hectare. The Region's Growth Plan conformity study (Growing Durham) has proposed an average density target of 50 to 55 units per net hectare in Greenfield Living Areas with a 28 unit per net hectare minimum density. The development proposal meets the minimum density target as recommended in the Growing Durham study. In accordance with By-law 11-2000, the application to amend the Clarington Official Plan is exempt from Regional approval, and the Region has provided a set of standard conditions that have been incorporated into the proposed conditions of draft approval (Attachment 5). 9.7 Clarington Engineering Services Department has provided the following comments with respect to the revised proposed Plan of Subdivision: The timing for the actual development of the subject lands will be dependent upon the timing of upgrades and improvements that will be required to the municipal infrastructure (roads, sewers, sidewalks, street lighting, traffic control, etc.) within the subject portion of the Bowmanville Urban Area. The applicant has submitted a proposal entitled "Staging Infrastructure Improvements" (Sernas, December 2009). The report proposes certain infrastructure improvements in the absence of full urbanization of Highway 2, Lambs Road and Concession Street East where they abut the subject property, which are acceptable to the municipality, except for the section dealing with pedestrian sidewalks. The applicant will be responsible for providing sidewalk connectivity from Street "A', north on Lambs Road and west on Concession Street East to the existing sidewalk network, in addition to a pedestrian trail network along the east side of Soper Creek, and north side of the East Branch of Soper Creek. Grading and drainage details will be refined during the review of the detailed engineering submission and the submission of a facility site plan will be submitted by the applicant to ensure that the park block can accommodate all of the typical features the Municipality requires in a neighbourhood park. The applicant will be responsible for 100% of the cost and construction of the park. Fencing will not be required between the pond block and the park block to ensure that the stormwater management pond block is integrated into the park site. The conditions of approval incorporate the above mentioned requirements, in addition to all standard engineering requirements. 855 REPORT NO.: PSD-086-10 PAGE 11 1 0.0 STAFF COMMENTS 10.1 Since the last Public Meeting, the applicant has been working with Staff, agencies and the owners of the Bowmanville Zoo, and has been successful in resolving the majority of the outstanding issues. The following table compares the original submission, with the revised Draft Plan of Subdivision currently presented for consideration (Attachment 2), which incorporates comments from Staff and agencies, and addresses some of the concerns raised by the Bowmanville Zoo as well as the recommendations from the EIS. Table 1: Original Draft Plan vs. Revised Draft Plan Low Densi 372 15.700 273 11.1 02 Medium Densi 50 1.413 268 7.614 Residential Sub-total 422 17.113 541 18.716 School Block 1 2.192 0 0.000 Park Block 1 1.620 2 2.674 Stormwater Pond Block 1 1.618 1 1.850 o en S ace Block 2 13.677 2 15.539 Block Retained B Owner 1 1.306 1 1.209 EasementlWalkwa 1 0.045 1 0.030 Reserves 3 0.029 5 0.005 Widenin s 3 1.201 4 1.226 Roads n/a 7.240 n/a 4.792 TOTAL 46.041 46.041 Table 1 shows that although the 2.192 ha school block was declined by the school board, only an additional 1.6 ha was used for proposed residential uses. Additional lands were required through the Environmental Impact Study to increase the open space blocks by 1.862 ha. Also, the applicant has increased the amount of parkland in . the proposed subdivision, from one park block originally, to two park blocks (a 2.608 ha park and a 0.143 ha parkette). The applicant has been able to increase the unit count from 422 units to 541 units by increasing the number of medium density units. The majority of these medium density units (239 units) will be contained in two medium density blocks located at the north and south ends of the proposed subdivision with direct access to Lambs Road. There is significantly less land area consumed by public roads in the revised plan. However, private roads will be required to service the proposed medium density blocks. 10.2 The proposal uses a grid-like street pattern with the medium density areas located in two (2) blocks, one (1) at the north end and one (1) at the south end, both adjacent to Lambs Road (which is a Type B arterial). Both medium density blocks are proposed to have direct access to Lambs Road. The remainder of the site will be low density with no vehicular connections to Concession Street East or to Durham Highway 2. Although the street pattern is grid-like, there are no designated collector roads within the proposed subdivision. All traffic is guided to local roads which exit directly onto Lambs Road in two (2) locations (Street 'A' and Street 'B'). 856 REPORT NO.: PSD-086-10 PAGE 12 10.3 Official Plan Amendment The Official Plan Amendment has been submitted, firstly to delete the public elementary school symbol and secondly to increase the low and medium density unit allocation and thus the population, within the Vincent Massey neighbourhood. i) School Site: The School Board has confirmed that they have no interest in acquiring this site for school purposes. As a result, the school site is being proposed for additional residential development. With respect to the loss of green space as a result of the deletion of the school site, the "green" area of the proposed subdivision is approximately 44% of the total lands. The applicant's planning justification report suggests that the deletion of the school site will not adversely impact the residents of the proposed subdivision as more than adequate green area is provided for the use and enjoyment of the future and existing residents. In addition, a parkette has been proposed at the north end of the subdivision to provide additional green space. The Municipality's amenity guidelines will require outdoor amenity area to be provided in both of the medium density blocks. ii) Dwelling Unit and Population Increases: The deletion of the school site, that was to be approximately 2.19 ha, provides additional lands for housing development that was not previously anticipated. This contributed approximately 50 additional dwelling units. Through the review process, the applicant has also increased the number of medium density units from 50 medium density units in the original application to 268 medium density units in the revised application currently presented for consideration. The increase in dwelling units correspondingly results in an increase in overall population for the Vincent . Massey Neighbourhood. The increase in unit allocations and overall population within the Vincent Massey neighbourhood is supported under the Provincial Growth Plan and is satisfactory to the Region of Durham. Although the subject lands are indicated as being within the Built Boundary in the Provincial Growth Plan, the subject lands have very similar land characteristics to Designated Greenfield Areas. The proposed increase in d~elling units within the proposed draft plan, results in density of 29 units per net hectare, which is consistent with the intensification targets for Designated Greenfield Areas of 50 persons and jobs per hectare (within the Growth Plan, density targets are measured over the entire Greenfield Area, excluding features such as valleylands, wetlands and similar natural heritage features). 10.4 Residents' Concerns. Area residents have raised a number of issues with this proposed plan of subdivision both at the public meetings and through public submissions. The following discussion outlines how their concerns have been addressed to date. 857 REPORT NO.: PSD-086-10 PAGE 13 i) Security for the Zoo and future residents - The Municipality has facilitated and participated in meetings between the applicant and the Zoo to discuss security measures which would protect both the Zoo (animals and property), and future residents.. Due in part to the willingness of both parties ,to take part in open discussions with Staff, both parties have, for the most part, reached an understanding that appears to satisfy the needs of both parties, and the needs of the Municipality. ii) Setbacks from Zoo animals and manure - This is discussed in detail in Section 10.5 However, the Draft Plan of Subdivision has been revised to show that the closest dwelling to the Zoo is 168 metres distant from the manure storage, which exceeds the 142 metres recommended by the Ministry of Agriculture, Food and Rural Affairs Minimum Distance Separation (MDS) Formulae. The Bowmanville Zoo is satisfied with this proposed separation. iii) Impact on Abutting Agricultural Uses - Through data supplied by the applicant and reviewed by Clarington, the Central Lake Ontario Conservation Authority and the municipal EIS consultant (Aquafor Beech), it has been determined that ground water flow in this area is from north to south and east to west, towards the Soper Creek and East Soper Creek, thus there should be no impact on rural residential dwellings located on the east side of Lambs Road. It has also been included as a condition of approval, that the Owner is responsible for connecting any affected party to the municipal water system or providiRg a new well where extension of municipal water is not feasible, or where a party's water supply has been interfered with as a result of construction or development of the subdivision. Mostert Greenhouses were also concerned about the impact of light and dust on their greenhouse operations. It is acknowledged that development of the lands is likely to increase dust levels in the area during construction. The Municipality has provisions to govern dust control on construction sites in the subdivision agreement. The lands on both sides of Lambs Road are within the urban boundary where more intense development is to be directed. There will be light from this subdivision in the future, and there will be street lights in the future on Lambs Road. The timing of these street lights is determined by a number of factors, including the economy as a whole, the demand for development by developers and the municipal capital works budget. Lighting on municipal roads is designed to provide a safe level of service with minimal light spill beyond the street line. iv) Increased Traffic on Lambs Road - Lambs Road was designated as a Type B arterial in the Durham Regional Official Plan in 1993 and the Clarington Official Plan in 1996. As such this road will at some time be reconstructed with a right-of-way width ranging from 30 to 36 metres. Type B arterial roads are to be designed to move significant volumes of traffic at moderate speeds. The proposed development along Lambs Road has been planned for through both the applicable Official Plans and their subsequent policies. The application provides for the appropriate road widenings. 858 REPORT NO.: PSD-086-10 PAGE 14 v) Development is at Too High a Density - There will be a significant increase in density from the few houses currently existing along Lambs Road to an urban type development. The Provincial Growth Plan requires all new development to be at a higher density than previously achieved all across the Greater Golden Horseshoe to prevent urban sprawl. This development averages 29 units per net hectare, ranging from 24.6 units per net hectare for the low density and 35.2 units per net hectare for the medium density. This meets the current policies of the Clarington Official Plan which permits densities of 10-30 for low density development and 31-60 for medium density development. vi) Impact on Taxes of Rural Residential Properties in the Area - These applications do not change the Official Plan designation of "Future Urban Residential" or zoning of "Agricultural" on surrounding properties. Residents may find their property values increase or decrease depending on the economy and the development pressure on the east side of Lambs Road in the future. vii) Protection of the Existing Tree Line along the West Side of Lambs Road - Trees along the west side of Lambs Road were not identified through the EIS as significant trees to be protected. However, if approval is given for this plan of subdivision, a tree preservation plan will be required. The Municipality will seek to ensure that mature trees, where possible, will remain. However, although the proposed subdivision may not affect the trees, the future urbanization of Lambs Road may. It is a recommendation of the EIS that the applicant be required to do plantings along the Soper Creek to enhance the health of the Soper Creek, that additional planting south of Concession Street East in the northwest corner of the development be done and that some transplanting of regionally rare species be done to ensure continued .survival. viii) This Development Constitutes Urban Sprawl on the East Side of Soper Creek- The subject lands have been within the urban area boundary of Bowmanville since the approval of the Regional Official Plan in November 1993. The lands east of Lambs Road extending to Bennett Road are designated Future Urban Residential Area and are also within the Bowmanville urban area boundary. 10.5 Bowmanville Zoo The Bowmanville Zoo (the Zoo) abuts the south west portion of the property for a distance of approxirl)ately 380 metres. The Zoo also shares a boundary with the Municipality's Mearns Avenue Park, about 420 metres in length. The Zoo has raised a number of concerns, but primarily two key issues: i) Security: It is the configuration of the Zoo and its enclosures relative to the proposed Draft Plan of Subdivision that concerns the Zoo's owners. The Zoo states it has been able to abut the Mearns Avenue Park boundary in a harmonious manner as the Zoo does not occupy any of their lands north of the Soper Creek at this time. This unoccupied area and the creek have created a buffer between urban uses and the Zoo. However, the Zoo has developed animal enclosures and buildings along its eastern limits as historically the easterly abutting property has been used for agriculture and prior to 1996 was beyond the Bowmanville urban area limit. 859 REPORT NO.: PSD-086-10 PAGE 15 The Bowmanville Zoo requested a variety of security improvements including a buffer area between the proposed dwellings and the Zoo and improved fencing, at the expense of the applicant. The Zoo has also submitted a disk containing summaries of zoo incidents worldwide for the last two (2) years. Staff have reviewed the zoo incident summaries and would note there are a variety of articles regarding zoo security, zoo animal attacks on people, and incidents of people trespassing or causing harm to zoo animals. ii) Odour and Future Residents: Staff contacted the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) regarding the application of their Minimum Distance Separation requirements for this development relative to the Zoo. These factors are typically used for livestock and are applied outside urban area limits. However, they may be used by the Municipality to evaluate the impact of the zoo animals and their manure production on proposed residential dwellings. The applicants submitted an Agricultural Analysis which indicates a minimum setback of 142 metres to any dwelling unit is appropriate. The draft plan of subdivision has been designed to achieve this, and indicates a minimum setback of 168 metres to the nearest dwelling unit. A key consideration is that the Zoo follows acceptable standards for manure handling and disposal. After a number of meetings held between the applicant, the Zoo and Staff, all parties have for the most part come to an agreement that would satisfy the needs and concerns of the Zoo, the Municipality and the developer. Firstly, the Zoo was satisfied with the proposed separation between the Zoo property and any residential dwellings within the Draft Plan of Subdivision. Secondly, the applicant offered to dedicate a 3 metre wide strip of land along the entire shared property line between the Zoo property and the Stormwater Pond Block, in order to afford the Zoo additional space for their day to day operating needs. The Zoo was quite satisfied with this offering. Lastly, it was determined that the applicant will be responsible for constructing a safety barrier between the Zoo property and the subject property in the form of a non-scalable, non-gated and smooth surfaced wall with razor wire positioned at the top edge of the wall. Additional features such as the planting of unfriendly vegetation along the length of the wall will be incorporated through the design of the stormwater management block, as a means of further deterring the public from entering the Zoo lands. The primary function of the wall is to discourage people from trespassing onto the Zoo property and potentially injure the animals or become injured themselves. The secondary function of the wall is to keep the Zoo animals within the limits of the Zoo property, by adding a physical barrier which would be difficult to climb or pass through in case an animal were ever to escape their respective enclosures. The proposed barrier will be built entirely upon the Zoo property, and therefore will not become the responsibility of the Municipality when the abutting lands (stormwater management pond block) are transferred. Staff are satisfied that the proposed barrier wall will, in addition to providing security measures for the Zoo, provide the needed separation between public and private uses. 860 REPORT NO.: PSD-086-10 PAGE 16 The Bowmanville Zoo, however, is not entirely satisfied that the wall will meet their security needs for keeping animals within the Zoo property if they were ever to escape their enclosures. The proposed conditions of approval require the applicant to, at the very least, construct the non-scalable wall to a height of 2.43 metres with razor wire, which is sufficient to keep people from trespassing onto the Zoo lands. The Zoo has informed Staff that in order to maintain their accreditation through the Canadian Association of Zoos and Aquariums, the barrier wall may need to be built at a height greater than what the applicant is proposing to build. 10.6 Proposed Amendment to Fence By-law The Municipality of Clarington's Fence By-law specifically allows barbed wire on a fence located on lands in an agricultural zone, and actively used for the purposes of keeping livestock. As previously mentioned, the Bowmanville Zoo has requested that the applicant construct a barrier wall/fence with razor wire instead of using barbed wire. The Zoo indicated that if a large cat were ever capable of scaling the proposed barrier wall, barbed wire would not be sufficient to keep the animal from climbing over to the other side. A formal request was submitted by the Bowmanville Zoo, to amend the Fence By-law to allow razor wire on a fence on the Zoo's property in conjunction with the future fence. The amendment would create an exception for the Zoo property only, and would not apply to any other property in Clarington. Considering the unique circumstances for the request (proximity of new living areas to Zoo animals), Staff agree that the Zoo's wishes for added security measures is warranted. If the Zoo is not granted an exception to the Fence By-law (Attachment 7), the proposed conditions of approval, as contained in Attachment 5, will be amended by Staff accordingly. 10.7 Proposed Amendment to Zonina By-law It is recommended that the lands be rezoned to allow development of the subject lands, as proposed. The Holding provision will be utilized to ensure adequate access and services prior to development and will be lifted by Council when the appropriate conditions are met. It is recommended that the Soper Creek and East Branch of Soper Creek, inclusive of the woodlands and protective buffers, be placeq in the "Environmental Protection (EP) Zone". 10.8 Valleylands The dedication of the open space blocks along the Soper Creek Valley affords the Municipality the potential for the expansion of a trail system linking Concession Street East, to the Mearns Avenue Park to Durham Highway 2, then south to the Visual Arts Centre and Soper Creek Park (Attachment 4). The trail system, east of the Soper Creek Valley adjacent to the rear of Lots 244 to 273 and Block 280 and north of East Soper Creek, is proposed to be constructed by the proponent at their expense, and will provide connection between the park and Lambs Road, as well as between the park and Concession Street East. 861 REPORT NO.: PSD-086-10 PAGE 17 10.9 Proposed Park and Stormwater Manaaement Plan The Clarington Official Plan contains policies to guide development of park blocks: · The park system will connect with the Open Space system wherever possible. The proposed park block is located adjacent to the stormwater management block and in between both a north and south Open Space block. This location affords ample connectivity to the Soper Creek valley system. · . Parks will be located as central as possible to the areas which they serve. The park is. generally located in the southern portion of the site. However it is centrally located between the two (2) open space blocks and the stormwater management block, providing a connection between the two (2) valley corridors. · Physical means of access shall be provided on two (2) sides of all municipal parks. This park is only accessible by a local road along part of its eastern edge and there is a pedestrian connection noted above from the Soper Creek valley. · Street frontage shall not be less than 25% of the park perimeter. Currently the park has a rectangular configuration which affords approximately 31 % of its perimeter to have street frontage. This configuration allows for generous public pedestrian access and community views into the park. Having the park block adjacent to the stormwater management pond block provides a depth to the sense of open space and, as the pond is proposed to have permanent water storage, with no chain link fencing between the pond and park blocks, the pond creates a water feature for the neighbourhood. The stormwater management pond also provides a security feature relative to the Zoo. Its long, narrow configuration provides an additional barrier to the proposed barrier wall along the property boundary. With heavy planting of unfriendly plant species on the western edge, this feature will assist in minimizing security issues. 10.10 Financial Impact Analvsis In 2007/2008 a Financial Impact Analysis that quantified the overall impact of selected large scale development proposals in the context of overall growth in Clarington. The subject draft plan of subdivision application was included in the analysis. The analysis demonstrated that Clarington has a sufficient supply of land either draft approved or registered subdivisions to achieve the 10 year growth forecast under the Development Charges Study. The subject lands were not anticipated, by the Municipality to develop until beyond 2014 as municipal works required to support the development were not included in the 10 year capital works forecast. However in more recent months, the background study to the recently approved Development Charges By-law, has included some of the works required to support this development in the 10 year capital works forecast. As a result the development of the subject lands is no longer considered premature. In order to satisfy the Municipality that the proposed development will not have an overall negative fiscal impact on the Municipality, the applicant has submitted a report, to the satisfaction of the Director of Engineering Services, that recommends a number of infrastructure improvements to be implemented by the applicant until full urbanization of Lambs Road, Concession Street East and Highway 2 occurs. In addition, the applicant has agreed to pay for the development of the park and trail system, as well as a sidewalk connection to existing sidewalks at Concession Street East and Soper Creek Drive. 862 REPORT NO.: PSD-086-10 PAGE 18 10.11 Neiohbourhood Desion Since the submission of the Draft Plan of Subdivision application, Staff have been working with the applicant to incorporate further urban design principles into the proposed Plan of Subdivision. In addition a number of changes were made to address the development limits defined through the Environmental Impact Study. The applicant has made revisions to the proposed Draft Plan of Subdivision to include defined medium density blocks, increased view corridors to the Soper Creek valley, a wider variety of lot widths ranging from 10 metres to 15 metres, a green area (parkette) in the north part of the development, improved exterior (flankage) elevations, and improved noise fencing. 10.12 The proposed conditions of draft approval contained in Attachment 5 to this report have been prepared to the satisfaction of the Directors of Planning Services and Engineering Services. In addition, the applicant has provided Staff with their concurrence to the proposed Conditions of Approval (Attachment 5) with the understanding that the conditions relating to the interface between the Zoo and the development lands may be amended depending on further discussions with the Zoo. 10.13 All taxes are up to date on the subject lands. 11.0 CONCLUSION 11.1 In consideration of the findings of the Environmental Impact Study, comments received from circulated agencies, c;lrea residents and the Bowmanville Zoo, and based on review of the proposal, staff recommends that the Official Plan Amendment, Draft Plan of Subdivision, Fence By-law Amendment and Zoning By-law Amendment be approved. Staff Contact: Meaghan Harrington Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Plan of Subdivision Attachment 3 - Clarington Official Plan Amendment Attachment 4 - By-law to Adopt Clarington Official Plan Amendment Attachment5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment Attachment 7 - Fence By-law Amendment Attachment 8 - By-law Authorizing Subdivision Agreement 863 REPORT NO.: PSD-086-10 PAGE 19 List of interested parties to be advised of Council's decision: Far Sight Investments Limited Sernas Associates Allison Lester Anne Caroline Wilson Bernie Hirseland Bert Newtel Betty Marti Dale Toombs Dave & Shelley Winkle Deborah Patrick Derrick Stein Dr. Wendy Korvar Frank Lockhart Julie Mackenzie John O'Toole Lorne Morton Lyndsay Luckhardt Margaret Quinney Mark & Cheryl Rigby Marlene Amos Mary Mogford Matt & Marianne Yeatman Michael Hackenberger (Bowmanville Zoo) Mike Domovich Peter Klose Rhonda Hooper Richard Mostert Shirley Amos Shirley Johnson Tom Campbell 864 -I o :n (1) -0 o ;~ Cf)l>> ag. 63 0)(1) O>::J '- ..... 0.... nvestment Ltd. ZBA 2005-041 Zoning By-law Amendment COP A 2008-0006 Official Plan Amendment SC 2005-002 Draft Plan of Subdivision Property Location Map Owner: Far Sight CONCESSION STREET EAST BlOCK TO\YNHOUSES Bloa. 280 (3.318h11-1.37K) (122 Units) 'AR' ,BlOCX282 (2.531"--6.25..: OPENSPACt: BlOO: 284 (9.281t11.22.93KI STOflM WATER POND I IlOCK '" I U59hl1-4.59K) ') I /~ i L-, : I 1 _.._... I =-~_- -J:;;f:~5t- .:::,::~~j;~-'<'- -:;=,~ lIt-BLOCK 64r~ \ I [--/, I ~ .2 -J ~ l~ ~1J I" .. r,J I !i r-J I r-~J l:ri IiiE,J I ~ 15 _,.J , I - -i ~, I ~ L~'1 ll: I Q ~ L 11 '" I~ Li2'1 I t;; 1!!:'1 I c:s r'4"1 Ir.~ P~i , /'," "I 1 Y.(~8'17""'....,J I (.,19' ^' I 1 ,J6 'yY~/^'..J... 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"" I1MIl lUMtHDUlD - ILOQ(S 214 - 271 . o.72Jha (........ - LI20ho (UlVNI'f1I (IMI UMl1) 1&1'1' ... :&.174'" kDCll fO'MrI<<)Ua - &OQ(IU'. IIlI (.ioM:Ullf'I/hol TOTAl. , lINTS AESlOENllAl. TOTM. AREA RESlDENTlM. PARI< . PARKETTE - LOOl12l1" 2a (Pwloc...WNtkIIl- UlQ STORM WATER FAClUlY- ~ SPACE a.oafllM.. .. RETAINED BY' OVINER kDCll _ a.3m RESERVES - a.oacs 2M - 2t1 ROJrD 'MOENINGS - aDeIll U2 - 1M ROADS l!LG on lLo.w. - W In :zo.amR.o.w. - ~m 14.0 on 11.0... - "Ill ,....... G."ho "Ul'" D.l7S1M1 TOTAl ARFA OF' gjfll.IlS!iilClN 40.041 ha ADDITIONAl. INFORUATION _.~!oI(l7)."",_.ICI Nj ..-n......AL...._, ...__..-. .. ClA/IlIlI A.e.e.ll.i _,. lU' '.G.I:~IIoo-GNClllon_IlI''''-' ~ :;'_AL._.~ DATE ...- ..,.- ...- .....- MAY,2OGI ... ..., IY '" "" ." '" '" II.M. QYlNER"s CER1lflCA Tt SlJINEYDR'S CER1lF1CA It _.".01_0_." ....(.~--""- _.SIOO.Io1I1'1O_...._ .-. . OJIon ....... . ___ .~- ,_l'I'cz......nu.,..._s lIJ ,"UIIOO Jg..........:OIotCl 1IC.. ll[L._1Il"_MT~__ oo;:aJU.tn......~(1!.._~ 'MIMAlUIIlCINns' 0AUG..I1_0lI" .....1\IIIE0IIPU" 0"""'12/01'" ~NA. A!lSOCIATIUI ~ 110SoO,CooItT_.6402 .... 'U..., FIlO5<3H6n Y/ljlby,ON """,.m .. l1NIYT Darlington Mills ."" o 20 "" b.............J O.H. O.H. U 1: ,eoo IGUIlO 6 NWCl.... 020720 DP-1 PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: Cc: LDO Attachment 3 To Report PSD-086"'10 AMENDMENT NO. 76 TO THE CLARINGTON OFFICIAL PLAN To amend the Official Plan of the Municipality of Clarington to delete the Public Elementary School symbol from the subject lands, to adjust the allocation of low density and medium density units and neighbourhood populations in the Vincent Massey Neighbourhood accordingly. The subject lands are located west of Lambs Road, south of Concession Street East and north of Regional Highway No. 2,within Part Lot 7, Concession 1, former Township of Darlington. This amendment is based on Council's consideration of an Official Plan Amendment (COPA 2008-0006) submitted by Far Sight Investments Ltd. for the development of 541 residential units on the subject lands. The Clarington Official Plan is hereby am~nded as follows: i) By amending Map A3 "Land Use Bowmanville Urban Area" by deleting the Public Elementary School symbol on the subject lands as illustrated in Exhibit "A"; ii) By amending Table 9-2 "Housing Targets by Neighbourhood" as it applies to Bowmanville Neighbourhood "N5 Vincent Massey" to reflect the following: (i) Low Density Units from 1 025 to 1125 (ii) Medium Density Units from 200 to 250 (iii) Total Units from 1400 to 1550 (iv) Amending all corresponding totals. iii) By amending Map H2 "Neighbourhood Planning Units - Bowmanville Urban Area" by changing the population of the Vincent Massey Neighbourhood (5) from "3600" to "4350" as illustrated in Exhibit "B". The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. . The provisions set forth in the Municipality of Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this amendment. 867 Exhibit "A", Amendment No. 76 To the Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area ~ @ 8: @& @ M ~ @@ .@ @@ @ @ ~ :@ ~ @ AI @ @ @: @ ~@ t ~ @ :@ : .@ @ Q Exhibit "B", Amendment No. 76 To The Municipality of Clarington Official Plan, Map H2, Neighbourhood Planning Units, Bowmanville Urban Area o 200 400 600 800 m P"""""'II 200 m r------ t ~ Q: en III ~ Change Population From "3600" To "4350" ROAD - - - URBAN BOUNDARY NDGHBOURHOOD BOUNDARY (1000) POPULATION ONlAR/O MAP H2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALllY OF CLARINGTON JANUARY 1. 2010 REFER TO SECTIONS 5 AND 9 THIS CONSOUDot.TION IS PROYIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MOOtF1CA11ONS AND APPROVAlS Attachment 4 To Report PSD-086-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment NO.76 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act R.S.O 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan to delete the Public Elementary School symbol from the subject lands, and to adjust the allocation of the neighbourhood population in the Vincent Massey Neighbourhood accordingly. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment NO.76 to the Clarington Official Plan being the attached Explanatory text is hereby adopted. 2. This By-law shall come into effect on the date of the passing hereof. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk .870 Attachment 5 To Report PSD-086-10 CONDITIONS OF DRAFT APPROVAL Draft Plan of Subdivision S-C-2005-002 Part 'Lot 7, Concession 1, Former Township of Darlington Dated June 15, 2010 PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2005-002 prepared by Sernas Associates on Part of lot 7, Concession 1 in the former Township of Darlington, identified as job number 02072a, dated May 26, 2009, which illustrates 273 single detached dwelling units, 5 blocks for 29 street townhouse units, 2 blocks for 239 block townhouse units, open space blocks, a stormwater block, park block, 0.3 metre reserve blocks, roads, road widenings and a block retained by the owner. RED LINE REVISIONS 2. The following revisions must be made to the plan: i) A 3 metre wide strip of land, along the entire shared property line between the Bowmanville Zoo property and Block 283, shall be illustrated on the plan as a Block to be dedicated to the Bowmanville Zoo. Please revise the "Schedule of Land Use" accordingly; and ii) The medians depicted on the plan at the intersections of Lambs Road and Street "B', and Lambs Road and Street "A' shall be removed from the plan. FINAL PLAN REQUIREMENTS 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan free and clear of all en.cumbrances. 4. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 5. The Owner shall prepare an Environmental Sustainability Plan, prior to final approval, for approval by the Director of Planning Services and the Director of Engineering Services. This plan shall identify specific measures on how development in Plan S-C-2005-002, will ensure the protection, conservation and enhancement of air, water, and ecological features and functions, energy and other resources and heritage resources. As a minimum, the report shall address; 871 i) Energy conservation measures for new homes, such as the construction and operation of new residential building to a minimum rating of 80 or more in accordance with Natural Resources Canada "EnerGuide for New Houses" or equivalent certification system; ii) Water conservation measures for new homes such as the Water Sense program or equivalent program; iii) Use of environmentally friendly materials or finishes in the dwellings; and iv) The preparation of a Homeowners Manual/Guide to distribute to all property purchasers in the development area educating landowners about the wetland, coldwater creek, wildlife and valleylands. 6. The Owner shall prepare a Community Theme and. Urban Design Implementation Plan, prior to final approval, to the satisfaction of the Director of Planning Services and Director of Engineering Services. This Plan shall confirm and control intended pattern of development in the Plan of Subdivision S-C-2005-002. The Plan shall include the proposed network of roads, transit, pedestrian and bicycle routes, the location of specific features, sites and residential lots within the neighbourhood such as corner lots, and T -intersections that require specific lot and building placement, orientation and architectural features, design concepts for community theming including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. 7. The Owner shall submit to the Municipality of Clarington and the Regional Municipality of Durham, for review and approval, an acoustic report (and addendum, where applicable) prepared by an acoustic engineer based on projected traffic volumes provided by the Durham Region Planning Department and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 8. The Owner shall obtain municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 812 REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 9. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval if this subdivision is to be developed by more than one registration. The Municipality shall require the preparation of a separate subdivision agreement for each phase of development. 10. The future phasing of this draft plan will be restricted by the number of external accesses that are available. Full development of the draft plan will require all external accesses to be constructed. The specific lots available for building permits in any single phase of the development will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 11. The Owner shall submit to the Municipality of Clarington, for review and approval, a Staging of Infrastructure Improvements. Report, (and addendum, where applicable) to the satisfaction of the Director of Planning Services and Director of Engineering Services. The report shall indicate what infrastructure improvements are necessary to facilitate the anticipated growth, in the absence of full urbanization of Highway 2, Lambs Road and Concession Street East, where they abut the subject property. 12. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 13. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 14. Prior to registration of any portion of the subject draft plan the owner must demonstrate how perpetual maintenance of any blocks identified as "Part Lots or Blocks" will be undertaken. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 15. All land dedications, easements, sight triangles and reserves as required by the Municipality of Clarington for this development must be granted to the Municipality of Clarington free and clear of all encumbrances and in a form satisfactory to the Municipality's.solicitor. 873 16. The Owner shall convey a 5.0 metre road widening across the entire frontage of the draft plan to the Region of Durham for the purpose of widening Regional Highway NO.2 as shown on Block 295. 17. The Owner shall convey a 0.3 metre reserve across the entire frontage of the draft plan along Regional Highway NO.2 to the Region of Durham as shown on Block 287. 18. The Owner shall convey a 20.0 metre x 20.0 metre sight triangle at the northwest corner of Regional Highway No. 2 and Lambs Road to the Region of Durham. 19. The Owner shall convey a 3.0 metre road widening across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Concession Street East as shown on Block 292. 20. The Owner shall convey an 8.0 metre road widening across the entire frontage of the draft plan to the Municipality of Clarington for the purpose of widening Lambs Road as shown on Block 293. 21. The Owner shall convey a 14.0 metre x 14.0 metre sight triangle at the southwest corner of Concession Street East and Lambs Road to the Municipality of Clarington. 22. The Owner shall convey 14.0 metre x 7.0 metre sight triangles at the northwest and southwest corners of Lambs Road and Street A, as well as at the northwest and southwest corners of Lambs Road and Street B. 23. The Owner shall terminate any deadends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of Clarington. 24. The Owner shall convey the 0.3 metre reserve shown as Block(s) 288, 289,290 and 291 on the draft plan, to the Municipality of Clarington. 25. Temporary turning circles may be required depending upon the phasing of the development. The need for any additional temporary turning circles and frozen lots will be determined at the engineering stage solely at the discretion of the Director of Engineering Services. 26. The Owner shall convey Block(s) 281 and 282 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 874 27. The Owner shall convey Block 283 to the Municipality of Clarington for Stormwater Management purposes. 28. . The Owner shall submit a facility fit plan to ensure that the park block they are proposing, Block 282, can accommodate all of the typical features the Municipality requires in a neighbourhood park. Those features would include a water play area, traditional play area, park shelter, un-lit soccer field, connecting walkways, parking lot for 30 cars, % court.basketball, and a trail connection to link the open space areas north and south of the park. 29. The Owner will be responsible for the cost (100%) of constructing the park on Block 282 as shown on the draft plan of subdivision S-C-2005-002. The Owner shall retain a qualified Landscape Architect to undertake the preparation of a detailed park concept plan followed by the preparation of park construction drawings and specifications all to be approved by the Director of Engineering Services. . The park construction drawings shall clearly indicate all park grading, equipment and facilities. Park facilities to be included in the park block shall include but not be limited to: . water play area with rubberized surface; · traditional playground with equipment suitable for jUr:lior and senior age children; · hard surface play court (i.e. basketball, ball hockey); . shade structure; . park furniture such as benches, picnic tables, waste containers, bike racks as appropriate; . one unlit sports field; . paved walkways/trail linkages; · lighting to discourage loitering and vandalism around the central play area; · tree and shrub planting as appropriate; . park sign; and . park entirely sodded. 30. The Owner is required to provide the park site, Blocks 282, in the registration of the first phase of development. The owner agrees to commence construction of the park Block 282 at the issuance of the 151st building permit. The Owner agrees to complete the park construction in accordance with the approved construction drawings and specifications prior to the issuance of the 240th building permit. The park site must be fenced and sodded to the satisfaction of the Director of Engineering Services, with a minimum cover of 200 mm of topsoil. 875 31. The Owner is responsible for constructing a paved pedestrian trail, along the east side of Soper Creek and on the north side of the east branch of Soper Creek, within Open Space Blocks 284 and 285. The trail shall connect with the sidewalk network along Concession Street East, extending south within the 5 metre buffer to the Environmental Limit along Blocks 280 and 281, and Lots 244 to 272 to tie into Open Space Blocks 282 and 283. The trail shall connect Block 282 to Lambs Road within Open Space Block 285. The design and specifications of the pedestrian trail shall be approved by the Director of Engineering Services. 32. The Owner is responsible for the removal of any material such as com posted manure, fertilizer, potential environmental hazards or other unsuitable material from the proposed park block and stormwater management block prior to the transfer of Block(s) 282 and 283.to the Municipality. 33. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 34. The Owner shall provide and install sidewalks, street lights, temporary turning circles etc., as per the Municipality's standards and criteria. 35. The Owner shall provide sidewalk connectivity from Street 'A' north on Lambs Road, west on Concession Street East to the existing sidewalk network on Concession Street East, prior to the issuance of any building permit for a residential lot. 36. The Owner shall cause all utilities, including hydro, telephone, Cable TV, etc., to be buried underground. 37. The Builder shall include l;l disclosure in all purchase and sale agreements advising home buyers of Municipal parking regulations, to.the satisfaction of the Director of Planning Services. 38. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Director of Engineering Services. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 39. Prior to the issuance of building permits, access .routes to: the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontarjo Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 876 40. The Owner shall be 100% responsible for the cost of any architectural design guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. 41. No building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the Municipality's Architectural Control Guidelines have been complied with including the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 42. No residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the. Director of Planning Services. 43. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 44. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 45. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time. 46. The Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and each 40M Plan proposed for registration. 47. The Owner shall carry out a cultural heritage resource assessment of the subject property and mitigation and/or salvage excavation of any significant heritage resources to the satisfaction of the Regulatory and Operations Group of the Ministry of Culture. No grading or other soil disturbance shall take place on. the subject property prior to a letter of clearance from the Regulatory and Operations Group of the Ministry of Culture. 877 48. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance with the provincial guidelines. The report must outline all acti.ons to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; and 49. The Owner agrees that the final erosion hazards limits related to stable slope setbacks will be determined and submitted for review and approval of the Central Lake Ontario Conservation Authority. Should the erosion hazard limits extend beyond the current lot boundaries as shown on the draft plan, the plan will need to be revised accordingly. 50. The Owner agrees to carry out the requirements and recommendations of the approved Environmental Impact Study, as prepared by Aquafor Beech Limited, and dated October 2008. 51. The Owner shall prepare a landscape plan for the stream banks, the 5 metre offset to the New Environmental Limit, and the stormwater management pond for review and approval of the Central Lake Ontario Conservation Authority and the Municipality of Clarington. The Owner shall agree to implement the approved landscape plan prior to final registration of the plan of subdivision at 100% cost to the Owner. 52. The Owner shall prepare a restoration plan for the areas requiring restoration to be reviewed and approved by the Central Lake Ontario Conservation Authority and the Municipality of Clarington. The Owner shall agree to implement the approved restoration plan prior to final registration of the plan of subdivision at 100% cost to the Owner. 53. The Owner shall prepare a transplant plan for regionally rare Geranium maculatum found onsite for review and approval of the Central Lake Ontario Conservation Authority. The Owner shall agree to implement the 878 approved transplant plan prior to final registration of the plan of subdivision at 100% cost to the Owner. 54. The Owner shall dedicate the Open Space Blocks 284 and 285 to the Municipality of Clarington. 55. The Owner shall dedicate a 3 metre wide strip of land, along the entire shared property line between the Bowmanville Zoo Property and Block 283, to the Bowmanville Zoo. The dedicated block of land shall not include lands which form any part of either Block 284 or 285. .In addition, the Owner shall include in the Homeowners Manual/Guide specified in Condition 5, a section advising future residents of the proximity of the Bowmanville Zoo to their homes and the possibility of noises and smells associated with the Zoo. 56. The owner shall install fencing along the western boundary of the Block Townhouse Block 280, along the rear of the Lots 244 to 273 inclusive, and along the western and southern boundaries of the Block Townhouse Block 279. 57. The Owner shall install a 2.43 metre high, non-gated and non-scalable fence with razor wire parallel to the shared property .line between the Bowmanville Zoo and the pond block. The fence shall run the entire length of the common property line between the Bowmanville .zoo and Block 283.This fence shall be located entirely on the adjacent zoo property within 0.3 metres of the property line. The Owner shall be responsible for 100% of the cost and construction of the 2.43 metre high fence. 58. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing fees and Technical Review fees owing as per the approved Authority Fee Schedule. . 59. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage, other local services and all internal and external works and services related to this proposal. 60. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other 879 developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality. of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 61. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 62. The Owner shall grant to the Region of Durham, any easements required for provision of Regional services for this development and these easements shall be in location and of such widths as determined by the Region of Durham. 63. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of roads, services, drainage and other services. 64. The Owner shall agree in the Agreement, to grant to the telecommunication provider any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict. with existing telecommunication facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements. 65. The Owner shall be required to enter into an agreement (Letter of Understanding) with the telecommunication provider complying with any underground servicing conditions imposed by the municipa.lity, and if no such conditions are imposed the owner shall advise the municipality of the arrangement made for such servicing. 66. The Owner is responsible for preparing a composite utility plan that allows for the safe installation of all utilities, including required separation between utilities. 67. The Owner agrees that streets are to be constructed in accordance with composite utility plans previously submitted and approved by all utilities. 68. The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines,all to the satisfaction of the service provider. 880 69. The Owner shall ensure that all natural gas distribution systems are installed within the proposed road allowances. In the event that this is not possible, easements shall be provided at no cost to the serVice provider. 70. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees to fulfill the requirements of the Master Drainage Study as they apply to this site to the satisfaction of the Director of Engineering Services Department. c) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Central Lake Ontario Conservation Authority. d) The Owner agrees to carry out the works referred ,to in Conditions 5 . iv), 48, 49, 50, 51, 52, 53, 54, 56 and 58 to the satisfaction of the Central Lake Ontario Conservation Authority. e) The Owner agrees to maintain all stormwater and erosion and sediment control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. f) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority. g) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation of anyon-site works. . h) The Builder agrees to include a disclosure in all purchase and sale agreements advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. i) The Owner agrees to place the following warning clauses in all agreements of purchase and sale between the Developer and all prospective home buyers: 881 i) "Due to the proximity of this plan to the Bowmanville Zoo, purchasers should be aware that noises and odours made by the animals may interfere with some activities of the dwelling occupants and they shall not object, complain or seek legal action against such nuisances." ii) "Purchasers and tenants are notified that there are existing farming operations nearby and that they shall not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. j) The Owner agrees to strictly adhere to the site servicing plan as submitted by Sernas Associates, titled "Functional Servicing Plan" in support of Draft Plan of Subdivision S-C-2005-002. k) The Owner agrees to implement those noise control measures, including any required warning clauses identified, recommended in the Noise Report required in Condition 7. I) The Owner agrees to implement the staging of infrastructure of improvements recommended in the Staging Infrastructure Improvements Report required in Condition 10 at 100% cost to the Owner. m) The Owner agrees to construct a 1. 2 metre high chain link fence along the lots that back onto the open space, park and stormwater pond blocks, as indicated on the draft plan. That fence is to be located 150 mm onto the municipal land to ensure that it cannot be altered by the abutting land owners. n) Prior to erecting the proposed 2.43 metre high non-scalable fence with razor wire, the Owner shall prepare and submit detailed drawings for the design of the fence, to the Director of Engineering Service Department for review and approval. 71. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Central Lake Ontario Conservation Authority, how Conditions have been satisfied; b) Regional Municipality of Durham Planning Department, how Conditions have been satisfied; and c) Enbridge Gas Distribution Inc., how Condition #'s have been satisfied. 882 NOTES TO DRAFT APPROVAL 1. If final approval is not given to Phase 1 of this plan within five (5) years, and within seven (7) years for any subsequent phase of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. It is the responsibility of the Owner of the proposed subdivision, to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. b) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, ON L 1N 6A3 (905-668-7721) c) Enbridge Gas Distribution Inc.,. P.O. Box 650, Scarborough, ON M1K 5E3 883 Attachment 6 To Report PSD-086-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- 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 Municipality of Clarington for ZBA 2005-041 ; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding new Special Exception Zones as follows: "SECTION 14.6.40 URBAN RESIDENTIAL EXCEPTION (R3-40) ZONE Notwithstanding Sections 14.1, and 14.3 a., b., c., those lands zoned R3-40 on the Schedules to this By-law shall only be used for street townhouse dwellings, subject to the following regulations: a. Lot Area (minimum) 220 square metres b. Lot Frontage (minimum) i) Interior Lot 7.0 metres c. Yard Requirements (minimum) i) Front Yard 6.0 metres to private garage or carport; 4.0 metres to dwelling; 2.0 metres to porch ii) Interior Side Yard 1.2 metres; Nil where a building has a common wall with any building on an adjacent lot located in the same Zone iii) Exterior Side Yard or 0.3 metre reserve 4.0 metres to dwelling; 2.0 metres to porch v) Rear Yard 7.5 metres SECTION 14.6.41 URBAN RESIDENTIAL EXCEPTION (R3-41) ZONE Notwithstanding sections 3.9,14. a.,14.4 a., b., c., and t., on those lands zoned R3-41 on the schedules to this By-law shall be subject to the following zone provisions: a. Definition i) Dwelling, Stacked Townhouse: Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. 884 b. Permitted Residential Uses i) Apartment Building ii) Dwelling, Linked Townhouse iii) Dwelling, Stacked Townhouse c. Regulations for Apartment Building i) Density (maximum) 40 units per hectare ii) Lot Area (minimum) 3.3 hectares iii) Lot Frontage (minimum) 150 metres iv) Yard Requirements a) Northerly 4.5 metres (min) to 7.5 metres (max) b) Easterly 4.5 metres (min) to 7.5 metres (max) c) Southerly 10 metres (min) d) Westerly 7.5 metres (min) v) Lot Coverage (maximum) 40% vi) Landscaped Open Space (minimum) 50% vii) Outdoor Amenity Space (minimum) 255 square metres vi) Building Height (maximum) 12 metres d. Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) Density (maximum) 40 units per hectare ii) Lot Area (minimum) 3.3 hectares iii) Yard Requirements to dwelling a) Northerly 4.0 metres (min) to 6.5 metres (max) b) Easterly 4.0 metres (min) to 6.5 metres (max) c) Southerly 4.0 metres (min) d) Westerly 4.0 metres (min) iv) Outdoor Amenity Space (minimum) 255 square metres v) Unit Setback Requirements For the Purpose of establishing regulations for each Link Townhouse or Stacked Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a) Lot Area (minimum) 180 square metres b) Lot Frontage (minimum) 6 metres c) Lot Coverage (maximum) 50% d) Landscaped Open Space (minimum) 30% e) Yard Requirements (minimum) (i) Front Yard 6 metres to garage or carport; 4.0 metres to dwelling; 2 metres to porch (ii) (iii) Rear Yard Side Yard 7.5 metres 1 .5 metres Nil where a building has a common wall with any building on an adjacent lot in the same Zone. SECTION 14.6.42 URBAN RESIDENTIAL EXCEPTION (R3-42) ZONE Notwithstanding sections 3.9,14. a., 14.4 a., b., c., and f., those lands zoned R3- 42 on the schedules to this By-law shall be subject to the following zone provisions: a. Definition 885 i) Dwelling, Stacked Townhouse: Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b. Permitted Residential Uses i) Apartment Building ii) Dwelling, Linked Townhouse iii) Dwelling, Stacked Townhouse c, Regulations for Apartment Building i) Density (maximum) 35 units per hectare ii) Lot Area (minimum) 3.5 hectares iii) Lot Frontage (minimum) 140 metres iv) Yard Requirements a) Northerly 10 metres (min) b) Easterly 4.5 metres (min) to 7.5 metres (max) c) Southerly 7.5 metres (min) d) Westerly 7.5 metres (min) v) Lot Coverage (maximum) 40% vi) Landscaped Open Space (minimum) 50% vii) Outdoor Amenity Space (minimum) 300 square metres vi) Building Height (maximum) 12 metres d. Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) Density (maximum) 35 units per hectare ii) Lot Area (minimum) 3.5 hectares iii) Yard Requirements a) Northerly 4.0 metres (min) b) Easterly 4.0 metres (min) to 6.5 metres (max) c) Southerly 4.0 metres (min) d) Westerly 4.0 metres (min) iv) Outdoor Amenity Space (minimum) 300 square metres v) Unit Setback Requirements For the Purpose of establishing regulations for each Link Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: a) Lot Area (minimum) 180 square metres b) Lot Frontage (minimum) 6 metres c) Lot Coverage (maximum) 50% d) Landscaped Open Space (minimum) 30% e) Yard Requirements (minimum) (i) Front Yard 6 metres to garage or carport; 4.0 metres to dwelling; 2 metres to porch (ii) Rear Yard 7.5 metres (iii) Side Yard 1.5 metres Nil where a building has a common wall with any building on an adjacent lot in the same Zone." 2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential 886 Exception ((H)R2-58) Zone"; "Agricultural Exception (A-1) Zone" to Holding - Urban Residential Exception ((H)R2-60) Zone"; "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception ((H)R2-61) Zone"; "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception ((H)R2-62) Zone"; "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception ((H)R3-40) Zone"; "Agricultural Exception (A-1) Zone" to "Holding - Urban Residential Exception ((H)R3-41) Zone"; "Agricultural Exception (A-1) Zone" to "Holding ((H)R3-42) Zone"; "Agricultural Exception (A-1) Zone" to "Environmental Protection (EP) Zone"; and "Environmental Protection (EP) Zone" to "Holding - Urban Residential Type One ((H)R1) Zone". as illustrated on the attached Schedule 'A' hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24(2) and 34 of the Planning Act. BY -LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 887 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. r.~-:-.~::.::l Zoning To Remain "EP" .. Zoning Change From 'EP" To "(H) R1" l:t0\;;,;!1 Zoning Change From "A' To "EP' ~~1 Zoning Change From "A. 1" To 'EP' ~ Zoning To Remain "A" ~ Zoning Change From "A-1"To '(H) R1' ~ Zoning Change From 'A -1' To '(H) R2. 58' f~~~ Zoning Change From 'A -1' To '(H) R2 - 60' ~ Zoning Change From "A -1' To '(H) R2 - 61' I'~~--?:;~ Zoning Change From 'A-1" To '(H) R2- 62' . ~::::: :1 Zoning Change From "A -1' To '(H) R3 - 40' ~ Zoning Change From"A-1"To'(H) R3-41" mHI Zoning Change From "A-1" To "(H) R3-42" tv ~ Patti L Barrie, Municipal Clerk Jim Abernethy, Mayor I I I.I~L , --, I , ! . :, I! II I ZBA 2005-041 SCHEDULE 3 888 Attachment 7 To Report PSD-086-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-_ being a by-law to amend By-law 2000-105 being a by-law to prescribe the height and description of lawful fences in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 2000-105; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. THAT By-law 2000-105 be amended as follows: (a) Section 2.0 is amended by adding thereto: 2.13 RAZOR WIRE shall mean a specific form of barbed wire or barbed tape which is composed of a mesh of metal strips with sharp edges available as either straight wire or concertina wire. (b) Section 3.0 is amended by adding thereto: 3.10 Notwithstanding Section 3.2 above, razor wire shall be permitted in the following circumstances: (1) On a fence located on lands actively operated by the Bowmanville Zoological Park for the keeping of exotic animals provided that: a) The razor wire is used to enclosed the external perimeter of the Park only; b) The razor wire is placed in a single coil on the top of the perimeter fencing and on a support arm angled inwards to the property at not less than 450 to horizontal. 2. This By-law shall come into full force and effect upon the date of its passage by Council. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk 889 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- Attachment 8 To Report PSD-086-10 being a By-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2005-002 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-002 AND WHEREAS the Owner(s) of draft Plan of Subdivision S-C-2005-002 has received Draft Approval and intends to proceed to Final Approval and enter into a Subdivision Agreement with the Municipality; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington 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's seal, an Amending Agreement between the Owner(s) of the Plan of Subdivision S-C-2005-002. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk 890 CWhJgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: Report #: PSD-087-10 File #: ZBA 2010-0014 Subject: APPLICATION FOR REMOVAL OF HOLDING APPLICANT: HANNU HALMINEN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-087-10 be received; 2. THAT the application submitted by Hannu Halminen to remove the Holding (H) symbol be approved; 3. THAT the attached By-law to Report PSD-087-10 to remove the Holding (H) symbol from Block 26 40M-2265 be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in Report PSD-087-10, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Submitted by: , FCSLA, MCIP of Planning Services Reviewed by:d ~...:. ~ Franklin Wu Chief Administrative Officer CP/df 23 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 891 REPORT NO.: PSD-087-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Hannu Halminen 1.2 Location: Block 26 40M-2265 Part of Lot 13 & 14, Concession 2, former Town of Bowmanville (Attachment 1) 1.3 Rezoning: Removal of Holding (H) symbol from "Holding - Urban Residential Type One ((H)R1) 2.0 BACKGROUND 2.1 On June 1, 2010, staff received an application from Hannu Halminen for the Removal of the Holding (H) Symbol for a block within the limits of Draft Approved Plan of Subdivision 18T-87085. The lands are now identified as Block 26 with registered plan 40M'-2265. Said block together with Block 137 in 40M-2337 will allow the creation of a lot with frontage on West Scugog Lane and f1ankage on North Scugog Court. The two blocks were in separate plans of subdivision. The applicant has been successful in acquiring block 137 in 40M-2337 to add to the subject lands to allow the creation of a lot. Subject to the removal of the holding (H) prefix both blocks are zoned R1. 2.2 All the lots, 1 to 25 of 40M-2265 have previously had a by-law passed to remove the holding (H) symbol and allow development of the residential units. Similarly a by-law was previously passed to remove the holding (H) symbol from all the lots within 40M- 2337 including block 137. 2.3 The Holding (H) symbol is a provision enabled by the Official Plan to ensure that certain obligations have been considered prior to development and redevelopment of the lands. This includes: 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 this plan. 2.4 The subject lands are zoned "Holding - Urban Residential Exception ((H)R1)". As outlined in paragraph 2.3, Council must be satisfied that the provisions of the Official Plan are met prior to removing the Holding symbol. No building permits can be considered until the Holding symbol is removed. 3.0 STAFF COMMENTS 3.1 The subject lands are located within the Bowmanville Urban Area. The formation of a lot by joining the two blocks together is consistent with the draft approved and registered plans of subdivision and the subdivision agreements between the Owners and the Municipality. Based on the zone provisions of the R1, the development of the two blocks jointly will allow a semi-detached/link dwelling unit to be constructed. 892 REPORT NO.: PSD-087-10 PAGE 3 3.2 It is noted that pursuant to Section 36 of the Planning Act, a By-law Amendment to remove the "holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 3.3 The Finance Department has indicated that all taxes have been paid for the subject lands. 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. Staff Contact: Carlo Pellarin Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Holding Interested parties to be notified of Council and Committee's decision: Hannu Halminen Region of Durham Planning Department 893 Attachment 1 To Report PSD-087-10 - c .s - C) c:: c:: c Q) Q) ;:: ''''It E .5 IV '0 E c ..... c:: - 0 Q) Ci a. 0 E ::E: IV I c:( :E 0 ::s c ..... ~ c:: 0 0 CI:I C .. N "T CI:I IV <( ~ ::E: u In 0 m t.: ...J OJ Q) ~ N ,5 c c:: ~ CD 0 0 a. e N D.. 3NV' ~o~n:>s .lS3M UI :J % UI ~ (/) % o co ~~ ~...y ~o v-S ~t::J ~~~ Attachment 2 To Report PSD-086-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-aw 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, to permit the development of a semi- detached/linked dwelling unit on the subject lands; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3 (Bowmanville)" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urba'n Residential Type One ((H)R1) Zone" to "Urban Residential Type One (R 1) Zone" as illustrated on the attached Schedule "A" hereto. 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 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Pattie L. Barrie, Municipal Clerk 895 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. , w z :5 C) o C) ;:) (J t/) l- t/) W ~ BONS A"ENUE ~ Zoning Change From "(H) R1" To "R1" Jim Abernethy, Mayor Patti L Barrie, Municipal Clerk 896 ClWillgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5,2010 Resolution #: By-law #: N/A Report #: PSD-088-10 File #: PLN 17.1.5 Subject: REQUEST FOR AIR QUALITY BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-088-10 be received for information. Submitted by: ~ , FCSLA, MCIP r of Planning Services Reviewed by: G~~ Franklin Wu, Chief Administrative Officer FUdf 25 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 897 REPORT NO.: PSD-088-10 PAGE 2 1.0 PURPOSE 1.1 At the March 1st meeting of Council a report was requested: "That Correspondence Item 0-10 from Kerry Meydam, with respect to an Air Quality By-law, be referred to staff for a report back within a reasonable timeframe." 1.2 Council was not specific is what aspect of the by-law they were requesting staff to report back on, as such staff are providing an information report on the ramifications of enacting such a by-law. 2.0 BACKGROUND 2.1 Air Quality is typically regulated by the Provincial and Federal governments; however there are presently no regulatory standards for fine particulate matter (fine PM) emissions or ambient levels. 2.2 In February of this year, the Town of Oakville passed a by-law that attempts to regulate the emission of fine PM. They did so relying upon the powers given to municipalities under the Municipal Act, 2001 to regulate the "health, safety and welfare of persons" and "public nuisances". These are the same powers that many Ontario municipalities used to adopt by-laws addressing second hand smoke and pesticides. Eventually the patchwork of municipal by-laws throughout Ontario led the Province to address second hand smoke and the use of cosmetic pesticides on a provincial basis. 2.3 The Oakville Air Quality By-law is aimed specifically at protecting the health of Oakville residents from the effects of fine PM by collecting information on emissions from facilities within Oakville and implementing regulatory controls. 2A The Region of Durham Health Department leads, manages and delivers public health programs and services for the Region. To date, the Health Department has been the lead agency on health issues and effects as they have the expertise to advise on, and are the legislative authority to impose restrictions on health related issues. 3.0 CONSULTATION REQUIRED FOR AN ENFORCEABLE BY-LAW 3.1 A component of the development of any by-law is consultation with the general public. In this case it would be necessary to consider the implications for residents and existing businesses. A process involving these groups that would adequately address their issues and concerns for the development of a by-law would have to be proposed. The consultation process should be developed such that it could withstand a potential challenge to the by-law. 4.0 RETENTION OF A QUALIFIED CONSULTANT 4.1 Air quality is not an area of expertise that the existing municipal staff has as a specialty. The air quality comments and issues that have been raised and addressed as part of environmental assessments have been part of the peer review consultant's 898 REPORT NO.: PSD-088-10 PAGE 3 responsibilities that have been retained by the Municipality. It may also be necessary to retain a consultant to help develop guidance documents for general assessment and air modeling prior to drafting a by-law; to determine a baseline, sources of emissions of health risk air pollutants and an atmospheric dispersion model to map what is happening in the affected airshed is necessary. 5.0 . HEALTH ISSUES RELATED TO AIR QUALITY ISSUES 5.1 Air Quality is a combination of many factors, there are the contributions of emissions from industrial sources; however, a large percentage of air quality issues come from eithe.r vehicle emissions or from beyond our borders. The pollutants being funneled into our air shed from outside sources are beyond our control. The long-range transport of pollutants from other sources, especially during smog events contribute significantly to the health effects that mayor may not appear in residents. 5.2 There is considerable scientific evidence of serious impacts to human heath associated with exposure to fine particulate matter. Understanding when, where and how people are exposed to fine particulate matter and/or "precursor pollutants", namely substances which, when emitted into the air, produce fine particulate matters is challenging. 6.0 ENFORCEMENT 6.1 Should Council wish to pass an air quality by-law, the by-law would have to be enforced. In the case of Oakville's By-law there is an application fee which is intend,ed to cover the administration and peer review costs for the approval of applications from existing and proposed facilities. 6.2 In addition, there is the possibility that new staffing and budget allocations would be necessary for the enforcement of the by-law, including periodically retaining peer reviewers, air quality modelers and assigning staff to carry out education and outreach to support by-law implementations and data management. 7.0 OTHER INITIATIVES 7.1 The Municipality may have greater impact on air quality issues through other avenues than an air quality by-law such as the implementation of transit initiatives, smart commute programs and other sustainable development measures. 7.2 Since 2003, the Municipality has been a member of the Greater Toronto Area Clean Air Council (GTA CAC). As part of this initiative the Municipality is working with the other member municipalities on air quality issues, participating in the annual Smog Summit, Clean Air Partnership and signing the declaration of actions and commitments. 899 REPORT NO.: PSD-088-10 PAGE 4 7,3 The Green Community Strategy and the Municipal Energy Management Plan both of which were endorsed by Council at the June 28th meeting have initiatives within them that will contribute to better air quality when they are implemented. 8.0 CONCLUSIONS 8.1 Should Council wish staff to draft an air quality by-law based on the health impacts of fine particulate matter, specific direction sho.uld be provided for a budget estimate to be obtained for consideration during the 2011 budget deliberations. Staff Contact: Faye Langmaid Interested Parties: Kerry Meydam 899001 Cl!J!ipn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: Report #: PSD-089-10 File #: ZBA 2009-0018 Subject: APPLICATION FOR THE REMOVAL OF A HOLDING SYMBOL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-089-10 be received; 2. THAT the application to remove the (H) Holding Symbol be approved and that the By- law attached to PSD-089-10 be passed; and 3. THAT all interested parties listed in Report PSD-089-10 and any delegations be advised of Council's decision. Submitted by: Reviewed by: ~. /J n (jf--~~~ Franklin Wu, Chief Administrative Officer PW/COS/df 25 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 899002 REPORT NO.: PSD-089-10 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: F & I Gateway Investments Inc. 1.2 Proposal: To remove the (H) Holding Symbol from the subject lands to permit the construction of a retail commercial establishment. 1.3 Area: 3,383 m2 1.4 Location: 5, 11, 19 King Avenue East, Newcastle 57 Mill Street South, Newcastle 28 Emily Street, Newcastle 2.0 BACKGROUND 2.1 On December 14, 2009, F & I Gateway Investments Inc. submitted an application for an amendment to the Zoning By-law (84-63) to permit the construction of a 1,407 m2 retail commercial building including a pharmacy and retail postal outlet. 2.2 A Public Meeting was held on February 1, 2010, in accordance with the requirements of the Planning Act. Based on the amount of interest that was generated by the design of the proposed development, a Public Open House was also held on February 17,2010. 2.3 A Staff report recommending approval was presented at the General Purpose and Administration Committee meeting on March 29, 2010 where it was endorsed by the Committee. At the subsequent meeting of Council on April 12, 2010, By-law 2010-026 was passed-which amended the Zoning of the subject properties to permit the development of a retail commercial establishment (Shoppers Drug Mart store). A Holding Symbol (H) was left on the property until such time as all taxes on the property were paid and until the Site Plan met the requirements of the urban design criteria contained in Section 10.7 of Report PSD-036-1 O. A summary of these criteria is contained below (see Section 3.1). 2.4 At this time, the Finance Department have confirmed that the taxes have been paid on the property. . 3.0 STAFF COMMENTS 3.1 The urban design criteria endorsed by Council on April 12, 2010, included the following: · A street-related building with a design feature in the northwest corner which contributes to the community landmark of this intersection. . · A building height that is reflective of the buildings on the other corners of the intersection. 899003 REPORT NO.: PSD-089-10 PAGE 3 · Building materials that complement the heritage buildings along King Avenue. · Window and door designs that are reflective of heritage buildings along King Avenue. Windows shall be constructed of transparent glass and unobstructed from the inside of the store. · The building facades should include recesses, projections and/or canopies which add depth and character to the building design. · Lighting- and signage that is reflective of the site's location within the Newcastle Community Improvement Area. · Historical pictures and images from Newcastle Village incorporated into the building fa9ade. · Street furniture shall be installed along the Mill Street South frontage. · A corner feature at the intersection of Mill Street South and Emily Street. Following Site Plan negotiations with the Applicant, Staff considers that the final building elevations (enclosed as Attachment 2) meet the expectations of Council and the community for this project. 4.0 CONCLUSIONS 4.1 In consideration of the comments noted above, Staff recommend that the application to remove the (H) Holding Symbol be approved and that the By-law attached to PSD- 089-10 be passed. Staff Contact: Paul Wirch Attachments: Attachment 1 Attachment 2 - Attachment 3 - Key Map Proposed Elevation Drawings Removal of Holding (H) By-law List of interested parties to be advised of Council's decision: F & I Gateway Investments Inc. Barry J. Morrison and Associates Ltd. Durham Regional Planning Department Municipal Property Assessment Corporation 899004 ;<;.,~ Property Location Map ZBA 2009-0018 Zoning By-law Amendment To Be Severed And Remain Residential D To Be Redeveloped For Commercial Use -l o :::u CD "C o ;:+)> "1J~ (J)m on I :J" 03 (X) CD Cf':J ~- o~ SPA 2010-0011 Site Plan Amendment Owner: F & I Gateway Investments Inc. ....~~~.~ L..I........'..........., !::i:::::::::::::~:::: . ,. . . . . ~. .. 11t:1:1:::::::::::::~::::1" ........~. . ......."'1".. 'I :::::::::;m::::L:I Q--.--..... ~......... 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[(a< - EMU SlREET l~ r:;:-:, c: r:;;:\ -i o ;0 CD "'0 o ::::1-):= ""U~ C/)Ol on ,::J' 03 (X) CD co:::J '- -lo. n"-J 1.J' :0 r"',,~ !t1'OI,'U,O-:'J< _.-- -. - r;:;::" \~j (:,:, co ill ill o o en Attachment j To Report PSD-089-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2009-018; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Holding - General Commercial Exception ((H)C1-49)" to "General Commercial Exception (C1-49) Zone" as illustrated on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY -LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899007 This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. Jim Abernethy, Mayor King ,Avenue East r Ii I 1\ II' ~ ., I' - I, ~ , II I' '. I 'r r, II - Ii' I' !L -~-------- i - Ql ~ C/) II~....-~~~ " ~./~:...----./ " ~~ ~ .;; @~~ ~~....-~~ I~~~~ t~~~1 ~ ~ 0rL ~~~ ~~~ ~~~ ._~ ~~. 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'::1 , ',lli1Ul' / \ ~ F ~1=11= :-H I 8 · ~.OOM' ~- TIm" _" ~II ~ t= .[]'"~ 1'E'l"fs ~ I i -..~'... l i~~ AN L................ IS \:::=J tj:=J EttJj:::i..L a ~ 1IIII1 III 1II1 ~ g~ ~N '::, )f EOWAAOSTAEETW. ~~no!.fH -L-III rrmmJ~l~f ~~G \J NEWCASTLE VILLAGE ~~ == SHIRL YA" ~.= 'Y;::\' ::..<\\~ ZBA 2009-0018 AMES ST W j AMEs"ST E i=L ill 11 illJ8El '<IV- Schedule 5 Q 9 0 0 8 ClwilJglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Report #: PSD-090-10 Resolution #: By-law #: File #: ZBA 2006-023 and COPA 2006-0004 Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A RESTAURANT WITH A DRIVE-THROUGH FACILITY AND A FUEL BAR WITH A CONVENIENCE STORE AND A CAR WASH FACILITY APPLICANT: MARTIN ROAD HOLDINGS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-10 be received; 2. THAT the application submitted by Martin Road Holdings Ltd. to amend the Clarington Official Plan (Amendment No. 70) as contained in Attachment 4 to Report PSD-090-10 be adopted and that the necessary by-law be approved. 3. THAT the by-law to amend the Comprehensive Zoning By-law 84-63 contained in Attachment 5 to Report PSD-090-10 be passed to implement Official Plan Amendment No. 70; and 4. THAT the interested parties listed in Report PSD-090-10 and any delegations be advised of Council's decision. Reviewed by: d F-..--LQ~ ~ Franklin Wu, Chief Administrative Officer DJ/COS/sn June 28, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 899009 REPORT NO.: PSD-090-10 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: . Martin Road Holdings Limited 1.2 Official Plan: From "Urban Residential" to an appropriate designation to permit, a site specific exception, the development of a restaurant with a drive-through facility on the northern portion of the site. 1.3 Rezoning: From "Holding - Urban Residential Type One ((H) R1) Zone" to an appropriate zone to permit the development of a restaurant with a drive through facility and a fuel bar with a convenience store and a car wash facility. 1.4 Location: 10 Aspen Springs Drive, located on the north-western corner of Aspen Springs Drive and Regional Road 57 (57), Bowmanville. 1.5 Site Area: 0.99 Hectare (2.44 Acres). 2.0 BACKGROUND 2.1 On October 29, 2004, Martin Road Holdings Limited submitted a rezoning application for a parcel measuring 0.78 Hectares (1.9 Acres) on the corner of Aspen Springs Drive and Regional Road 57, to permit a convenience store, fuel bar and a car wash. 2.2 At the Public Meeting on January 24, 2005 the General Purpose & Administration Committee received the staff report. A subsequent report responding to the issues raised by the public and from outside agencies was requested. 2.3 A letter of objection was submitted prior to the Public Meeting and a citizen spoke in opposition of the rezoning at the Public Meeting. A number of objections from residents and businesses were submitted to Planning Staff after the Public Meeting. The proponent subsequently requested a postponement of the decision with regard to the application. 2.4 In mid-2006 Martin Road Holdings changed the scope of the initial application by increasing the lot size for the intended development by adding a restaurant with a drive... through facility (Tim Hortons) to their development proposal. This change resulted in the re-submission of the rezoning application on September 6, 2006. 2.5 Upon receipt of the September 2006 rezoning application, staff confirmed that the fuel bar and car wash use conformed to the Clarington Official Plan. However, the proposed Tim Hortons restaurant is considered a free-standing use and not accessory to the fuel bar and car wash and does not meet the intent of the Official Plan land use schedule and policy. 899010 REPORT NO.: PSD-090-10 PAGE 3 2.6 On December 5, 2006 Martin Road Holdings submitted the Official Plan Amendment application and a Planning Rationale Report, prepared by Sernas Associates. The final Traffic Impact Study, that was prepared by TSH Engineering (now AECOM) under the auspices of the Engineering Services Department of the Municipality, was received on December 19, 2006. 2.7 A public meeting on the revised zoning application, in accordance with the Planning Act, was held on 19 February 2007. 2.8 Four (4) submissions were made at the public meeting and one written objection was received. A summary of the submissions/objections is contained in Section 4.0 of this report. 2.9 Following the public meeting, the site plan concept for the proposed development has undergone many modifications. Staff have had numerous follow-up meetings and correspondence with the applicant and key agencies, mainly with regard to vehicular access points, site configuration, the design and location of the Tim Hortons building and the related drive-through. A copy of the latest site plan concept is enclosed as Attachment 2. 2.10 In addition, consultation with GO Transit, who owns the adjacent lands that are set aside for the future GO station site has been ongoing. It has been difficult finalizing the site plan with the uncertainty of the GO station impacts on the site for the past year. Only one access point is permitted by the Region on to Regional Road 57 and it must be shared between this site and GO Transit. On March 30, 2010, staff received confirmation from GO that they concur with the proposed access as shown in Attachment 2. 3.0 SITE CHARACTERISTICS AND NEIGHBOURHOOD CHARACTER 3.1 Currently, a temporary sales office compound, consisting of three showrooms and a gravel parking area, is located on the subject property. Access to the sales offices is off Aspen Springs Drive. 3.2 The site is bounded by Regional Road 57 to the east, a Type A arterial road that among other things, serves as a main linkage between Highway 401 and the West Bowmanville Town Centre, and to the south by Aspen Springs Drive, the main residential collector road serving Westvale neighbourhood. 899011 REPORT NO.: PSD-090-10 PAGE 4 Photo 1: Northward view of application site 3.3 Neighbourhood character and surrounding land uses: North: Vacant lands for a future GO Station and the St. Lawrence and Hudson Railway line. Further north, across the railway line lies land within an undeveloped part of the West Bowmanville Town Centre and intended for future office and high density residential development. East: Single detached dwellings on larger residential lots averaging 1 ,520m2 in size. These dwellings are set back between 10 and 19m from the Regional Road allowance. South: Low density residential neighbourhood that consists of semi-detached 2 storey residential dwellings (link-homes). The backyards of these houses face Aspen Springs Drive and the residences have no direct access thereto. There is a 6 ft. privacy fence along the lot boundaries facing Aspen Springs Road. West: Vacant lands for the future GO Station and further west, vacant high density residential land. Photo 2: View of residential properties to the south, backing onto Aspen Springs Drive 899012 REPORT NO.: PSD-090-10 PAGE 5 4.0 PUBLIC NOTICE AND SUBMISSION 4.1 Public notice was given by mail to each property owner within 120 metres of the subject property and two public meeting notices were installed on the property. 4.2 The following submissions were m~de at the public meeting on February 19, 2007: 4.2.1 Jason Gibson, a resident of the neighbourhood to the southwest is strongly opposed to the application due to the increase in high speed traffic and the potential for accidents involving pedestrians travelling to shopping areas and downtown. He stated that for safety reasons, a bridge over the existing railway should be built to promote safe walking to shopping areas. He believes thatif this application is approved, it would promote hazardous fuel emissions, and that from a health perspective it promotes unhealthy eating and consumption of caffeine. He suggested the property would be more beneficial if made into green space. 4.2.2 Garnet Armitage, living diagonally across from the application site on Regional Road 57, spoke in opposition to the application and submitted a letter to that effect. He stated he has concerns about the increased exhaust from vehicles, the lack of air movement that the structures would create and the toxicity of carbon monoxide levels from increased traffic. He stated that the development would result in increased traffic activity, traffic gridlock, and create the potential for accidents due to cars stopping on the side of the road so that driver's could access the facilities. He has concerns with the headlights from cars shining through his windows, the noise created by car doors opening and closing and the potential litter generated by patrons of the facilities. He concluded that he does not see any positives to building high volume facilities in a residential area. 4.2.3 John Oates, a resident to the east, stated that there are already a number of fuel bars and car washes in close proximity to this site and the need for this development is questionable. Although he does not like the proposal, he believes it would probably alleviate the traffic congestion at Baseline Road and Regional Road 57. 4.2.4 Jeffrey Godfrey, a resident to the southeast, across Regional Road 57 stated that he is concerned about the traffic impact of this development. He expressed the view that Regional Road 57 should be four lanes between the 401 and Highway 2 and that the proposed development would be premature if the Regional Road is not widened to make provision for the turning lanes to the site. 4.3 A written objection was received from Yusuf Moolla, a business owner in Bowmanville. He is of the opinion that there is no legitimate need for another gas station and coffee shop when there are two gas stations, two carwashes and a Tim Hortons less than 1 km south of the property. 899013 REPORT NO.: PSD-090-10 PAGE 6 He cited the concerns citizens have because of the noise generated by the restaurant and bar just one block away. He expressed concern over the negative impacts that this location will have on traffic in the area. 4.4 The objections/concerns received from the public, as outlined above, can be' summarized under following points: · Health and safety threat (air quality, noise and pollution, and potential accidents and unsafe pedestrian travelling in and around the area, food choice); · Negative traffic Impact (Regional Road 57 is not sufficient for the proposed development; foresee traffic gridlock which creates the potential for accidents); · No need for proposed uses in view of close proximity to other fuel bars, car washes and a Tim Hortons. 4.5 Staff's response to the submissions and objections is contained in section 10.0 (staff comments) of this report. 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement - PPS The PPS states that transportation and land use considerations shall be integrated at all stages of the planning process. The desirability of the land use at this location can not be separated from the traffic impact and functioning of the road network in the area. The PPS stipulates that land uSe patterns within settlement areas shall be based on residential density and a mix of land uses which minimize negative impacts to air quality and climate change, and promote energy efficiency. This site is situated close to residential uses, the desirability of the proposed land uses in terms of this particular policy are addressed in Sections 10.2 and 10.3. 5.2 The Growth Plan for the Greater Golden Horseshoe Transportation system planning, land use planning and transportation investment must be co-ordinated to implement the Growth Plan - the consideration of the traffic impact of the proposed land uses on the road network and the surrounding land uses is a key component of this particular planning proposal. 899014 REPORT NO.: PSD-090-10 PAGE 7 The manner in which this development proposal relates to the surrounding land uses (residential area and future GO station) forms part of the analysis. Municipalities are also instructed to implement strategies in support of energy conservation through urban design standards that support energy efficient buildings, and to protect air quality and reduce waste. In this area, the site plan approval process provides an appropriate mechanism to implement these Growth Plan requirements. 5.3 Metrolinx Draft Reoional Transportation Plan. 2008 The Metrolinx Transportation Plan contains specific policy directions pertaining to the development of major transit station areas, such as optimizing transit oriented development, providing a range of amenities for travellers such as retail uses, personal services and convenience stores, and establishing a pedestrian-focused internal movement plan that integrates public and private spaces. The adjacent Bowmanville GO station site is not currently identified as a mobility hub; however, it is expected to obtain such status in the long term. It is therefore important to consider this development proposal within the context of the adjacent Go station site. 6.0 OFFICIAL PLANS 6.1 Durham Reoional Official Plan 6.1.1 The Durham Regional Official Plan designates the lands "Living Area" which is intended predominantly for housing purposes, but permits other uses such as certain home occupations and convenience stores that are compatible with their surroundings, limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments. The Region promotes compact urban form, including intensive residential, office, retail, personal service and mixed uses along arterial roads and in conjunction with present and potential transit facilities. Although this development proposal does reflect typical compact form or a mixed use character, it partially satisfies the intent of Regional policy in that it would introduce retail and service uses to residents on an important regional arterial road adjacent to a transit station. Conformity with the Regional Official Plan is further outlined in the Region's comments in section 9.5 of this report. 6.2 Clarinoton Official Plan 6.2.1 The subject lands are designated "Urban Residential" and falls within the Westvale Neighbourhood. The predominant use of lands within this designation shall be housing and other uses may be permitted which, by nature of their activity, scale and design are supportive of, compatible with and serve residential uses. 6.2.2 Fuel bars may generally be established in any urban land use designation, subject to certain conditions aimed at limiting the amount of fuel bars on street corners, promoting compatible land use patterns, ensuring safe pedestrian and traffic movement and minimizing the impact of fuel bars on residential uses. The Plan provides a number of design policies that are relevant to this development proposal. Most of these design 899015 REPORT NO.: PSD-090-10 PAGE 8 policies pertain to technical aspects such as vehicular access points, parking, fencing, landscaping and architectural treatment and can be addressed through site plan approval. 6.2.3 The proposed Tim Hortons restaurant does not conform to the Official Plan, an application to amend the Official Plan is part of this proposal. 6.2.4 The Official Plan has design guidelines to be considered for the location of a drive- through facility, the review of stacking lanes, and the location and design of fuel bars. These design guidelines will be introduced through the site plan process. 7.0 ZONING BY-LAW 7.1 The property is in the "Holding - Urban Residential Type One ((H) R1) Zone" which does not permit the fuel bar, car wash and restaurant with a drive-through facility. In order to permit the proposed development a rezoning application was submitted for consideration. 8.0 BACKGROUND STUDIES 8.1 . The applicant submitted a Planning Rationale Report and Traffic Impact Study, to provide sufficient information and justification to enable Council to evaluate the requested Official Plan amendment. 8.2 The Planning Rationale Report 8.2.1 The Planning Rationale report sets out supporting arguments that can be summarized under the following points: · The need is demonstrated by the existing waiting times and associated traffic congestion at the existing Tim Hortons facility at Regional Road 57 and Baseline Road, and that the property: - is an ideal location to intercept many residents that start their commute further north; and - would better distribute the activity between the two locations, relieve traffic congestion at the Baseline Road site and service commuters in future at the adjacent future GO Station site. · The subject development can be viewed as a small highway commercial site serving the needs of residents driving on Regional Road 57 as it has convenient access to this major arterial without encouraging traffic infiltration into the residential neighbourhood. The applicant furthermore states that the site is isolated from the rest of the neighbourhood by the proposed GO Station site, that it fronts onto reverse frontage residential lots (fronting Glen Ray Court) across Aspen Springs Drive, and that Aspen Springs Drive has a. significant width to accommodate dedicated turning lanes at the intersection. 899016 REPORT NO.: PSD-090-10 PAGE 9 · The proposed development is likely to have little impact on adjacent uses and will be compatible with the GO station (i.e. needs no buffering). With the residential uses to the south and west there is natural separation provided by the substantial right-of way widths. · The proponent referred to the submitt~d conceptual site plan, detailing how the proposed development would meet the relevant development and design criteria in the Official Plan and the Zoning By-law in order to minimize any adverse impacts and that the developer intends to maximize the quality of urban design. 8.3 The Traffic Impact Study 8.3.1 The Traffic Impact Study consists of the following key components: · An assessment of existing traffic conditions and operations in proximity to the site; and · An assessment of future background traffic conditions with and without the proposed development to determine the net impact of the development. 8.3.2 The analysis was conducted on the basis of two scenarios for the Regional Road 57 access; one provides a right-in only access, the other would provide a right-in/right-out access. The Aspen Springs Drive access would allow all turns. 8.3.3 The conclusions from the Traffic Impact Study are as follows: · The critical eastbound left turn movement at the intersection of Regional Road 57 and Aspen Springs Drive operates currently at marginally acceptable levels of service during the weekday peak hour periods; · The proposed development will generate higher turning movements at the Regional Road and Aspen Springs Drive intersection, which will result in traffic signals being required to provide safer conditions and an acceptable level of service. With signalization, a northbound left turn lane should also be constructed on Regional Road 57 at Aspen Springs Drive; . Signalization of the Aspen Springs Drive/Regional Road 57 intersection would be required whether the proposed Regional Road 57 access was limited to either a right-in only or a right-inlright-out operation; · Subject to further review by Durham Region, other road improvements that may be required along Regional Road 57 include a southbound right turn taper lane at the site access driveway and a southbound right turn lane at Aspen Springs Drive; and · The site plan appears to be satisfactory with respect to drive-through and car wash queue storage, parking and traffic circulation, but should be subject to further review once more detail is provided with respect to access design and internal traffic control measures. 899017 REPORT NO.: PSD-090-10 PAGE 10 9.0 AGENCY COMMENTS 9.1 The Clarington Engineering Services Department has no objection to the proposed Official Plan amendment or zoning amendment provided that the recommendations of the Traffic Impact Study are implemented by the applicant. With regard to the latest site plan concept that was submitted by the applicant in May 2010, Engineering Services also stated that they were generally satisfied with the design. 9.2 The Clarington Emergency Services Department has no fire safety concerns on the submitted proposal. 9.3 Central Lake Ontario Conservation Authority has no objections to the development proposal but will require certain technical information through the site plan process such as the provision of on-site permanent water quality treatment and site grading and drainage plans. 9.4 Bell Canada stated that it had no objection to the application, but in the event of any conflicts with existing Bell Canada facilities or easements, the owner shall be responsible for re-arrangements or relocations. 9.5 Regional Planning and Works Departments offered the following comments: · The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Subject to the inclusion of the appropriate provisions and designations in the area municipal official plan, limited commercial uses including restaurants may be permitted in "Living Areas". Fuel bar and car wash facilities are considered essential components to the community and may be permitted in "Living Areas" at the discretion of area municipalities. · The application has been screened in accordance with the terms ofthe provincial . plan review responsibilities. There are no matters of Provincial interest applicable to this application. · Martin Road (57) is designated as Type "A" Arterial Road in the Durham Regional Official Plan. Type "A" Arterial Roads are typically comprised of a 36 to 50 metre right-of-way. A minimum road width of 18.0 metres from the centreline of Martin Road (57) will be required. · A Traffic Impact Study, prepared by TSH (now AECOM), recommends that a traffic signal is required at the intersection of Martin Road (57) and Aspen Springs Drive. The study also recommends that a south bound right turn lane and a north bound left turn lane are required at the intersection. The Regional Works Department has reviewed the study and agree that the traffic signal and intersection improvements are warranted. A cost sharing agreement between Clarington and Region will be required to fund the installation of the signal. 899018 REPORT NO.: PSD-090-10 PAGE 11 · Municipal water supply is available to the subject property from an existing 300 mm water main on Aspen Springs Drive. Sanitary sewer services are available by extending a sanitary sewer on Aspen Springs Drive from Bonnycastle Drive easterly to the subject property. All of the Region's requirements, financial and otherwise, will be addressed through the site plan application/site servicing approval process. · The Official Plan Amendment is exempt from Regional approval. · With regard to the latest site plan concept submitted in September 2009, the Regional Works Department (Transportation Infrastructure) provided further detailed comments as.follows: ~ Having the Tim Hortons at the south end of the site and the gas station to the north will reduce the peak period traffic demand at the 57 entrance, and increase demand at the Aspen Springs entrance. With appropriate driveway design, this site configuration should minimize the potential for site traffic impacts on the operation of the GO station entrance. ~ Prior to site plan approval, [the Region] will require submission of updated volume projections for the site entrances and the 57/Aspen Springs intersection so that [the Region] can verify the appropriate storage lengths for auxiliary lanes. ~ Agreement from GO Transit for the shared access on 57 will be required prior to site plan approval. ~ Access to the site from the shared 57 entrance should be as far west as possible. ~ [The Region] would recommend that two outbound lanes (for left and right turns) be provided at the Aspen Springs entrance. ~ Queue storage space for the Tim Hortons drive-thru should be maximized. There should be space for at least 18 vehicles before spill- back into the parking aisle. ~ In summary, the site concept is acceptable, subject to a number of comments and design refinements to be addressed prior to site plan approval. 9.6 GO Transit comments: Discussions have taken place with GO Transit regarding the proposed Tim Hortons and fuel bar development proposal for more than two years. On March 30,2010. GO transit has agreed to a shared entrance off 57 and also agrees to the Region's requirement that this entrance would be right inlright out only. 899019 REPORT NO.: PSD-090-10. PAGE 12 1 0.0 STAFF COMMENTS 10.1 It is clear from the preceding paragraphs and the public input received that there are a number of issues; many can be addressed by appropriate traffic management and through the implementation of the site plan. The following sections detail how staff believe the issues identified have or can be addressed. 10.2 Residential Character of the Area The houses across Aspen Springs Drive are well set back with rear yards bordered by a noise fence, the houses face Glen Ray. Aspen Springs Drive and 57 have right of way widths in excess of 25m which isolates the application site from the residential uses, further reducing the impact the proposed uses may have on the nearby residential properties. All the buildings proposed on the site are proposed to be single storey and limited in floor area and massing. The visual impact on the residential character is anticipated to be minimal. The developer will be required to follow urban design guidelines that will ensure the buildings are compatible with and complementary to the built form in the area. Urban design elements can be imposed through the zoning by-law regulations and through conditions of site plan approval. . Through the imposition of certain measures e.g. noise attenuation, illumination standards, landscape screening and urban design guidelines, the visual and functional impact of the intended activities on the residential neighbourhood can be mitigated. 10.3 Character. Scale and Impact of the Intended Uses 10.3.1 The initial site plan concept has been revised by moving the proposed Tim Hortons restaurant and drive-through component to the southern portion of the site and the fuel bar component to the north. This change in location from the initial proposal is more favourable as it: · allows for a better opportunity to introduce a building which, by nature of its use, design and fayade, could better accentuate the street corner and create a stronger pedestrian relation to the sidewalk; · moves the fuel bar use that is less compatible with residential uses in terms of traffic noise, hours of operation and air and light pollution, further away from the residential neighbourhood; · reduces the peak period traffic demand at the proposed shared entrance on 57 by distancing the drive-through stacking lane from the proposed entrance point on 57. 10.3.2 The proposed Tim Hortons component is to consist of a single storey building of 223m2 (2400 ft.2) with a drive-through stacking lane that accommodates 20 cars, and customer parking for 45 cars. 899020 REPORT NO.: PSD-090-10 PAGE 13 Compatibility conflicts with restaurants normally stem from activities such as entertainment or unruly behaviour by customers disturbing the peace late in the evening. However, these issues are normally not associated with Tim Hortons restaurants. Engineering Services and the Region of Durham suggests queue space for at least 18 cars. The revised site plan of May, 2010 shows queuing space for 20 cars. The rear portion of the stacking lane shown on the revised site plan concept can be separated from the manoeuvring space for the parking spaces through the site plan process. The latest site plan concept integrated some of the design guidelines in the Official Plan as discussed in Section 6.2.4 of this report, while most of the design guidelines such as the screening by landscaping and the provision of a pedestrian walkway between the sidewalk and building, can be implemented through the site plan process. Circumstances have changed since the completion of the traffic impact study in 2006, in that: · Metrolinx has announced that GO rail services is to come to Bowmanville before or by 2013 and the traffic impact study for the future GO station is currently underway; · a new primary school (Holy Family) has opened at the west end of Aspen Springs Drive; In terms of the applicant's latest revised site plan concept: · The location of the proposed Tim Hortons and drive-through facility and the gas station is switched around; and · The Region will only accept and right-in/right out off 57 for both the Go Station site and the Tim Hortons & fuel bar commercial development. It is not expected that the above changes would produce substantially different recommendations to those already contained in the initial traffic impact study, rather they will reinforce them. The traffic impact study for the GO station is being prepared recognizing the traffic impact study recommendations for the Tim Hortons/fuel bar development proposal. 10.3.3 The proposed fuel bar and car wash component comprises a fuel bar, a convenience store of 232m2 and an automated car wash facility of 174m2 with a stacking lane for 10 vehicles. · Both the fuel bar and the drive-through carwash uses are complementary to the proposed adjacent future GO station, provided they are designed to ensure vehicular movement between the two sites is seamless. · The drive-through carwash is an ancillary use to the fuel bar, by locating it along the western boundary its potential impact on the residential uses in the vicinity are minimized. 899021 REPORT NO.: PSD-090-10 PAGE 14 · Most of the concerns pertain to the matters that can be addressed through site plan approval, such as site illumination, full enclosure of the garbage area, signage, landscaping and architectural treatment. · · The most recent site plan concept (May 2010) proposes a small convenience store permitted as an accessory use to a fuel bar. The proposed convenience store is much bigger than the conventional stores found at fuel bars. In addition, . it is within close proximity (200m) to the neighbourhood commercial plaza on the corner of Hartwell Drive and 57. · The commercial plaza is part of the "Neighbourhood Centre" as designated in the Official Plan. The commercial plaza already contains a convenience store that serves the adjacent neighbourhood and passing traffic on 57. In addition, the Bowmanville West Town Centre also permits convenience commercial uses up to 500m~ on the proposed GO station site. While the proponent would like a store of 232m2. Staff have previously informed the proponent that a store of only 100m2 will be allowed due to the proximity to these other commercial developments. The recommended zoning by-law limits the convenience store to a maximum floor space of 100m2. 10.4 Relationship to the Future GO Station Site 10.4.1 The functionality of the site needs to be assessed in terms of how the development proposal relates to the adjacent future GO station site. The station site will essentially form the anchor/focal point for development and possible future redevelopment within this particular part of Bowmanville. 10.4.2 In terms of pedestrian connectivity, the Bowmanville West Town Centre Secondary Plan shows a proposed pedestrian route from Aspen Springs Drive across the GO station parking lot towards the town centre to the north of the tracks. The creation of a Tim Hortons adjacent to the GO parking lot will most definitely introduce additional pedestrian traffic onto both sites and customer's to Tim Hortons will naturally take the shortest route across both the commercial and GO station site to get a cup of coffee, unless clear, demarcated pedestrian walkways are provided on both sites to direct safe passage between the two sites. This 'aspect can be further explored through the site plan process. 10.4.3 The Region of Durham have indicated that they would concede to a temporary access (right/right out only) as far north on the proposed commercial site as possible, in the interim until the development of the adjacent GO site commences, where after the' entrance needs to be removed to become a shared access. 10.5 Intersection Improvements Aspen Sprinos/Reoional Road 57 10.5.1 The Traffic Study indicates that signalization is required at the Aspen Springs Drive/57 intersection. Traffic signals will have to be installed prior to or concurrent with the 899022 REPORT NO.: PSD-090-10 PAGE 15 opening of the project. The traffic study also indicated that the following road improvements may be necessary: a southbound right turn taper lane at the site access driveway and a southbound right turn lane at Aspen Springs Drive. Financial securities for signalization and road improvements will be a requirement prior to finalizing the site plan agreement and issuance of a building permit. 10.5.2 Further improvements to the Regional Road and the Aspen Springs intersection may be necessary to accommodate the GO station development. There may be an opportunity to cost share the signalization at the intersection with GO Transit. However, it may take four to five years before the GO station is developed. This is a matter that may warrant further exploration through discussion with the Region and GO Transit. 10.6 Architectural Treatment and Urban Desion The urban design guidelines and considerations in the Official Plan set the basic design parameters for development of the site. There are a number of urban design issues which the applicant will need to address, such as the internalization of the garbage enclosure areas, maximizing the street frontage of the restaurant building by bringing it closer to the street and corner where practical. The applicant has provided information on the proposed building design and massing for the restaurant. The drawings presented are typical for these types of franchises, there is nothing that specifically reflects the character of the community. Building design and massing should contain elements such as horizontal and vertical articulation, coordinated materials, articulated roofing and prominent entrance features similar to the existing commercial plaza and the proposed office commercial building at Hartwell Drive and Regional Road 57 (Report PSD-082-10). 10.7 Public Comments. Concerns and/or Obiections 10.7.1 Health and safety concerns: As was noted in section 10.4 of this report, the site lies adjacent to the future GO Station site and forms part of a bigger land parcel that is essentially a transition zone between the low density residential neighbourhood to the south and the Bowmanville West Town Centre to the north. The subject residential properties are already impacted by the traffic and noise on 57 and Aspen Springs Drive. This is a prime location (on the edge of a future transit station and the Bowmanville West Town Centre), the use and intensity of activities within this area will change and evolve at the transit hub is developed. Through the imposition of mitigating measures e.g. noise attenuation, illumination standards, and landscape screening/buffers, the impact of the intended activities on the residents quality of life can be reduced. The health and safety fears expressed by members of the public are related to air quality, noise, pollution (from car exhaust), accidents (vehicular/pedestrian), pedestrian access and food choice. Staff have to the best of their ability using the tools provided within the Planning Act addressed the first five of these concerns as detailed in this report. The issue of food choice is beyond the land use designation and is a personal choice. 899023 REPORT NO.: PSD-090-10 PAGE 16 10.7.2 Negative traffic Impact: The recommendations of the traffic impact study as outlined in Section 8.3.3 of this report will be implemented. The shared access with GO Transit and the internal traffic circulation can be satisfactorily addressed through the site plan approval process. The Engineering Services Department have worked diligently with the applicant to alleviate the anticipated fears regarding traffic gridlock and accidents at the intersection. 10.7.3 No need for proposed uses: The applicant has informed staff that based on Bowmanville's population, the market could support three or more Tim Hortons restaurants. Bowmanville has two Tim Hortons developments - one with a drive-through facility on Baseline Road and the other in Wal-Mart (take-out only). It is expected that the proposed Tim Hortons will alleviate the traffic pressure aUhe Baseline location. The lands on the corner of Aspen Springs and 57 form part of the area surrounding the future GO train station site, which presents its own needs and opportunities. A significant portion of traffic, not only from the residential area nearby, but also from the north will flow towards the GO station site. Many of these commuters will find a fuel bar and car wash immediately adjacent to the GO parking lot very convenient and desirable. The uses will be limited to those proposed in this application. Personal choice of eating establishments and types of food to be consumed cannot be addressed by land use tools. 11.0 CONCLUSION 11.1 Staff supports the establishment of a Tim Hortons restaurant with a drive-through, and a fuel bar with a drive-through carwash on the corner of Aspen Springs Drive and Regional Road 57. 11.2 The proposed zoning by-law contains a holding (H) provision to ensure that the urban design, traffic engineering requirements of the Municipality and other requirements as identified in this report are addressed to the satisfaction of the Directors of Planning Services and Engineering Services. 11.3 Staff recommends that the Official Plan Amendment be approved and the amendment to the zoning by-law adopted. Staff Contact: Dean Jacobs Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan Concept Attachment 3 - Official Plan By-law Attachment 4 - Official Plan Amendment NO.70 Attachment 5 - Zoning By-law Amendment 899024 REPORT NO.: PSD-090-10 PAGE 17 List of interested parties to be advised of Council's decision: Kelvin Whalen, Martin Road Holdings Ltd. Leo Palozzi, The TDL Group Corp. Adam Snow, GO Transit Greg Ashbee, GO Transit John Oates John Linney Sherry Carlton & Robert Whittall Donna Labanovich Y Moola, Luqmoh Investments Inc. Garnet Armitage Jeffrey Guthrie Lawrence Hellinga Ann Blodgett Jason Gibson Adrian Tinline, Algoma Orchards ,Ltd. Kevin Shearon, Cushman & Wakefield Alan D. Macdougall, AECOM Andreas Grammenz, GO Transit 899025 Property Location Map (Bowmanville) 3D ~ c ) ouRHAM HIG........V2 ~ <D Z 0 .... 0 z ~ 0 COP A 2006-0004 Clarington Official Plan Amendment -I ZBA 2006-0023 0 ::0 Zoning By-Law Amendment CD "'0 0 Owner: Martin Road Holdings Ltd ;:$.)> "tI6f. cnn C':J' 03 co CD o~ ~- 0- "'C co o 0:: c: t co ~ ... .... " \ , \ ! \1 II " ~ \ I I I \ I Ii ,i 1 I, " I. " \ , 1 I , 1 1 I I 1 , 1 ';I':;'~' ~jb'-"I ~:(i !) I , 1 I I I .1 - l~ " .1: j. , -~/., _ ...--J ~ . .---<...... I ' .-..1~""... ; J' ' ,"1 j 1 ;~-r , f , i . J; Gas Sales Kiosk -'.;~... r , ~, Gas Bar _.,......I~- I"': :!-!tl ).:. .~. ~ ~ ~ P- ,,---- ,"'-" _ _ .-r --- Aspen spf\ngs Of\\fe t. ,/-j lUI,..J~ p.~~.:.t-.;:.... t,r- '"' l~'~ I:' ''1'.0 '--../ ~.!l L'. '.' c;; "1- v', /F'>~"r-, f J < ,. 1 f'" " . /....:.. .:!::' . : , ", ,".., . L>:_',,::_ ~c ~--- - - A I tv JJ " 1;-:1" -Jy:-. ~. ~ " - '! , I) !--/' -lJr. I ,. \ -;. .s:: UJ III ~ "- III () -llT~t;- _1-- ;-I','!. 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(.J1 I n 13 -i I )> "1J I fTl ;u I I I : : '0 , I : - : on ~, I I ~~ ~ I NGS DRIVE \'\ s??-\ --- ~s?Y -- ...-- I Attachment 3 To Report PSD-090-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to adopt Amendment No.70 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O, 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Clarington deems it advisable to amend the Clarington Official Plan by including an exception to Section 23.14 to permit a free standing restaurant use with a drive-through facility at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104, in addition to other permitted Urban Residential uses in the Urban Residential designation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No.70 to the Clarington Official Plan, being Attachment 4 to Report PSD-090-10 be adopted, 2. That 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 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third and final time this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 899028 Attachment 4 To Report PSD-090-10 AMENDMENT NO. 70 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to permit a free standing restaurant use with a drive-through facility in addition to other permitted Urban Residential uses in the Urban Residential designation BASIS: The application is based on an Official Plan Amendment application (COPA 2006-0004) submitted by Martin Road Holdings Ltd. ACTUAL AMENDMENT~ The Municipality of Clarington Official Plan is hereby amended as follows: ' 1. By including an exception to Section 23.14 to create Section 23.14.13 as follows: "23.14.13 Notwithstanding Section 9.3.4, in addition to permitted Urban Residential uses, the lands located at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104, located on the north- western corner of Aspen Springs Drive and Regional Road 57, Bowmanville may be used as a restaurant with a drive-through facility. A shared entrance off Regional Road 57 will be provided to the lands located at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104 and the adjacent Go station lands identified by tax assessment roll no. 181701002016102, and shall be restricted to a single right-inlright-out access. A shared internal driveway with a minimum width of 11 metres, which extends westward from the shared entrance on Regional Road 57 for at least 72 metres and which straddles the common boundary between the lands located at 10 Aspen Springs Drive and identified by tax assessment roll no. 181701002016104 and the adjacent Go station lands identified by tax assessment roll no. 181701002016102, shall be provided and maintained by the respective land owners, subject to appropriate agreements and conveyances. 899029 The restaurant building shall be designed for visual prominence, incorporating architectural design features, height and massing that complements the corner site and containing elements such as horizontal and vertical articulation, coordinated materials, an articulated roof line and prominent entrance features." IMPLEMENTATION The provisions set forth in the Clarington Official Plan as amended, regarding the implementation of the Plan shall apply in regard to this amendment. INTERPRETATION The provisions set forth in the Clarington Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 899030 Attachment 5 To Report PSD-090-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2010-... being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Municipality of Clarington for ZBA 2006-0023; AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act, whereby it would not come into effect until such time as Official Plan Amendment No, 70 is approved by the Council of the Corporation of the Municipality of Clarington and that decision is final; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Section 21.4 "SPECIAL EXCEPTIONS - SERVICE STATION COMMERCIAL (C6) lONE" is hereby amended by introducing a new Sub-Section 21.4,12 as follows: "21.4.12 SERVICE STATION COMMERCIAL EXCEPTION (C6-12) ZONE Notwithstanding Sections 3,1 i., 3,13 c" 3,16 i, i), 21.1, 21.2, and 21.3, those lands zoned C6-12 on the Schedules to this By-law shall be used subject to the following definitions and permitted uses: a. Definitions Drive-Through Facility: shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automatic machine, to customers remaining in motor vehicles, which are located in a stacking lane. A drive-through facility may be established in combination with other permitted non-residential uses, Motor Vehicle Fuel Bar: shall mean an establishment for dispensing fuel to motor vehicles that consists of fuel pumps, and a convenience store which may include the sale of motor vehicle accessories and fluids. Motor Vehicle Wash: shall mean an establishment where mechanical equipment is used for the washing of motor vehicles. A motor vehicle wash shall have water and sanitary sewer and sanitary sewer services provided by a public authority, Stacking Lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs, b. Residential Uses Prohibited 899031 c. Non-Residential Uses i) eating establishment; iii) eating establishment with a drive-through facility; ii) motor vehicle fuel bar; iii) motor vehicle wash with a drive-through facility. d, Regulations for Non-Residential Uses i) Lot Area (minimum) for an eating establishment with a drive-through facility ii) Floor area (maximum) (a) convenience store (b) eating establishment (c) motor vehicle wash iii) Lot Coverage of All Buildings (maximum) iv) Landscaped Open Space (minimum) 3000 m2 100 m2 225 m2 175 m2 8% 23% (a) part of the landscaped open space shall comprise of a minimum 3.0 metre wide landscape strip along the front lot line and the exterior side lot line, except for areas required for vehicular or pedestrian access. v) Building Height (minimum) vi) Yard Requirements 5 metres (a) Front yard (i) eating establishment and eating establishment with a drive-through facility (maximum) 23 metres (ii) convenience store (minimum) 75 metres (ii) motor vehicle wash (iv) for fuel pump islands and other buildings or structures associated with a service station (minimum) 85 metres (minimum) 100 metres (b) Exterior side yard (i) eating establishment and eating establishment with a drive-through facility (maximum) 4,5 metres (minimum) 3 meters (ii) convenience store (maximum) 23 metres (minimum) 3 meters (iii) for fuel pump islands and other buildings or structures associated with service station (iv) motor vehicle wash (minimum) 18 metres (minimum) 60 meters (v) the area associated with the outside display of any automotive accessories, antifreeze and additives shall be confined to the area covered by the fuel pump canopy and the area immediately north of the convenience store 899032 (c) (d) Interior side yard (minimum) 3 metres Rear yard (minimum) 20 metres vii) Garbage facilities shall be fully enclosed within a roofed structure and outdoor storage is prohibited, viii) One loading space of 3 m x 7.5 m shall be provided for the convenience store, ix) Regulations for Drive-Through Facilities Where a drive-through facility is permitted, the following requirements shall apply: (a) A stacking lane shall have a minimum length of 114 metres for a drive-through facility associated with an eating establishment, and a minimum length of 72 m for a motor vehicle wash with a drive- through facility; (b) A stacking lane shall have a minimum width of 3 metres and any entrance to the stacking lane shall be located a minimum of 18 metres from the limit of a public street. (c) No part of a stacking lane shall be so located that at any time any motor vehicle which uses it may block, impede or interfere with the use of any parking space required to be provided on the lot on which the drive-through facility is located. (d) No portion of the stacking lane shall be located between a building and a street line. (e) A 1,5 metres wide direct pedestrian walkway to the entrance of the eating establishment which does not intersect with or cross the stacking lane shall be provided and maintained on the lot from the Regional Road 57 street frontage, x) Bulk Fuel Storage Tank Location Bulk fuel storage tanks shall be installed in accordance with the provisions of the Provincial Gasoline Handling Act. Bulk fuel storage tanks shall be located below grade in an area that does not impede or interfere with the use of any designated parking spaces associated with the use of the service station, e, Holding Zone In addition to Section 3,11, where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H), the use of the lands shall be limited to an existing home sales office compound. The (H) Holding symbol shall be removed upon the execution of a Section 41 (7) Site Plan Agreement securing conditions of approval in respect of the following matters: i) That the on-site traffic routes, access points, parking and maneuvering space be configured to the satisfaction of the Director of Engineering Services and the Director of Planning Services; ii) That the buildings be designed for visual prominence, incorporating architectural design features, height and massing that complement the 899033 corner site and that contain elements such as horizontal and vertical articulation, coordinated materials, articulated roofing and prominent entrance features iii) That the owner agrees to enter into an agreement with the adjacent land owner to share a single right-in right-out only access on Regional Road 57 and that the required cross access easements will be secured at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared entrance on Regional Road 57; iv) That the owner agrees to enter into an agreement with the adjacent land owner to share an internal driveway which straddles the common boundary between the commercial site and the GO Station site, and that the required cross access easements be secured at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared internal driveway from Regional Road 57; v) That the owner agrees that, at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared entrance off Regional Road 57 and a shared internal driveway on the common property boundary, the temporary entrance will be relocated in accordance with all requirements and specifications of the Durham Region Public Works Department and the Municipality of Clarington, vi) That the owner provides the necessary financial guarantees to the satisfaction of the Regional Works Department and the Director of Engineering Services of the Municipality of Cia ring ton for the signalization of the Aspen Springs Drive/Regional Road 57 intersection and for the improvements to the intersection in accordance with the recommendations of the traffic impact study dated December 2006, prepared by TSH," 2, The map contained in Schedule "3" of By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding - Service Station Commercial Exception (C6-12) Zone"; as shown on the attached Schedule "A" hereto, 3, Schedule "A" attached hereto shall form part of this By-Law, 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24,34 and 36 of the Planning Act, R.S,O. 1990, By-Law read a first time this day of day of day of 2010 By-Law read a second time this 2010 By-Law read a third time and finally passed this 2010 Jim Abernethy, Mayor Patti L. Barrie, Clerk 899034 This is Schedule "A" to By-law 2010- passed this day of , 2010 A.D. , ^' ~ - "'/ ./ ~7"/ ./ ",............./~y[...- K. i Ins~. '..~. 'i I:::r;'f 8~c)~~~ ,,[...- \ ~~. ~./ ~~ ';:. ~ ~ ~/? ~~ ~~~ :.. ~~v-/.~~'"",-......-L'~ :;~.~:.-! .A'L'r33 u . " ~ -""~%'~ '. 1::/::% ~~' ~ :.- ,. " v-.........-::: '............"' '~ './'';; ,_ ~y;::"--:'./""""""""",.rl . // //~. '~ .-1 tt5 // /// ~!P'" , /............:/ ':/"~;... ~ &llY .-KoP' ' .~ ;..; i ~::::::: ~ ~.M""/ lt~'~ . ~./ c/&Y~7., ~ :./~ y/ Dr ~j-:::i ~./ :/'": '. t/ III ~ ~ /~~ -/ -....., ~ . . -J %'J-'% '/ . ~.././ . ~__'" . I. Aspen Springs Drive "C CI:l o a::: c: 1:: CI:l ::2 ~ Zoning Change From "(H)R1" To "(H)C6-12" Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk I~( ~~~!=F ~r~~!~J- _ \ (\'v; (~< :--- ~ fTh. ~ ~Zbr - 'ill ~~ ~ BOWMANVILLE lJ L :------J I I ~ :::K'"/ _______ J-3 ----= DV.......HOGHW." (" ~~ "'" ru q--~.:=:"- i P w llt~ I~ ~iI~;;.jA '~ PR,~..u~ UEVARO ~ ~ == ' ~ =~, ~~-- = I~! .=~_ ~i =j ~ ~~ , I 1I^' "//- 11 ~ i~ >=c:i E -' A"~ / ~ I ~,- <n ~ ~ lIIlIII ,,",u"""" '- a I < ~. ZBA 2006-00,~3 899035 C[fu:JngtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: N/A Report #: Addendum 3 to PSD-067-09 File #'s: COPA 2005-008 PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) AND BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum 3 to Report PSD-067-09 be received; 2. THAT Addendum 3 to Report PSD-067-09 be tabled until the first full meeting of Council, following the municipal election, to allow staff to continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the Official Plan Amendment, Draft Plans of Subdivision and Zoning By-law Amendments; and 3. THAT all interested parties listed in the Addendum 3 to Report to PSD-067 -09 and any delegation be advised of Council's decision. Reviewed byd~ -=-~ Franklin Wu, Chief Administrative Officer CP/df 29 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 899036 ADDENDUM 3 TO: REPORT PSD-067 -09 PAGE 2 1.0 BACKGROUND 1.1 At a meeting held on June 29,2009, Council tabled report PSD-067-09 to September 14,2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan for the North Newcastle Village neighbourhood and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". An Addendum report was presented to Committee on September 14 and tabled to October 26. In October, it was further tabled to the first Council meeting of 2010. In January the Report was tabled to April 12, 2010. In April, Council tabled the report to July 12, 2010. At that time the solicitors for both parties had a conference call with the OMB and re- scheduled a pre-hearing conference for Friday September 17,2010. 1.2 In the fall of 2009 the applicants presented staff with a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to pipe the tributary from the point it crosses Arthur Street, southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point, the northern tributary would be daylighted in an east - west open channel to the mid-point of the property where it then runs south, still in an open channel, to the railway outletting at existing culverts under the CPR. . 1.3 This concept was formalized in a revised plan which was received on Friday May 28, 2010 and circulated to various agencies on Tuesday June 1. 1.4 Discussions with staff from Metrus, Smooth Run Developments, confirmed that their priority remains obtaining Final approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowmanville, and both Metrus and the Municipality's staff have been working to this end. 2.0 APPLICATION DETAILS 2.1 This latest submission represents the fifth subdivision submission since applications were originally filed. The following charts summarize the May 2009 and the revised May 2010 submissions for Smooth Run Developments (S-C-2005-003) and Brookfield Homes (S-C-2005-004). ' LANb AIlI:A ha Residential including Part Lots School Park and walkwa Stormwater Mana ement o en S ace Possible Reservoir Future Develo ment Roads, Road Widenings and Reserves TOTAL S-C-2005-003 20.62 2.4 3.95 6.41 2.55 2.17 22.85 12.91 73.86 '..S';C~2005-004 10.55 NA 0.58 NA NA N/A 18.98 4.75 34.68 899037 S-C-200S-003 25.51 2.35 3.0 7.37 NA 2.69 20.04 12.9 73.86 S-C-200S-004 10.58 34.86 ADDENDUM 3 TO: REPORT PSD-067-09 PAGE 3 ;(;':;':;~:,:, ' '~":" "::~",~,~j' ~~:~~ r('~~r':;~.;'~t:~ :~'~:;~1~r~"11"t.k~':!:tm}1-5 i) ;r'1}B't.) i" ''''',', " / ' ,i.r~, R'i' : ;~'i'i~~1 }j.;{iJ ;:j'h 'iT. ' ~ -~:~r' ,L.." ".", ,"',,>,,, "..~_,I..,..,...._,,,,,~,",~, ,.~;},.,","U"" .',. ..",.',I.t I ".,.~".I1-i,,,l,l! RESIDENTIAL UNITS including. Part Lots and Blocks (metres of frontage) 9.8 Link Lots 216 62 136 74 11.6 Sinqle 139 56 186 72 12.8 Sinole 125 NjA NjA N/A 13.1 Sino Ie NjA 46 82 48 13.4 Sinole 36 14 N/A N/A 15.0 Sinole 4 4 50 4 18.0 Sinole N/A N/A 28 N/A 9.8 Cap-End Semi-detached 107 31 NIA N/A Street Townhouse Units 110 80 214 76 TOTAL 737 293 696 274 2.2 As can be seen the unit mix has changed with the revised submissions as has the land area distribution with the introduction of the new Open Space Block which has resulted from the relocation of the west stormwater management pond. The applicant has not submitted a revised Neighbourhood Design Plan (NDP) consistent with the revised proposed draft plans of subdivision. Based on the policies of the Official Plan a NDP is required for the North Newcastle Neighbourhood prior to approval of applications for draft plan approval. 3.0 AGENCY COMMENTS 3.1 At this time comments remain outstanding from a number of the circulated agencies including; the Region of Durham Works and Planning Departments, and St. Lawrence and Hudson Railway. 3.2 Engineering Services staff has completed their initial review of the revised proposal and advised that the following studies or information are required to review the revised submission: . a revised Transportation Study must be submitted which reflects the current neighbourhood plan; . a revised Functional Servicing Plan is required; . a revised on-street parking plan is required; and · a Stormwater Management Implementation Report providing for the sequential construction of the stormwater management works necessary for the watershed and addressing the impacts of developing this plan of subdivision in the absence of the balance of the watershed. 3.3 Similar to Engineering Service, GRCA staff advised that the following documents are required to complete the review of the revised proposals: 899038 ADDENDUM 3 TO: REPORT PSD-067 -09 PAGE 4 . a geomorphic assessment and restoration design illustrating that the block is appropriately sized to accommodate a channel designed to natural channel specifications; and . a revised Functional Servicing Report; 4.0 STAFF COMMENTS 4.1 In late March, early April of this year, when the pre-hearing was re-scheduled for September 17, 2010, it was envisioned that revised submissions and supporting documentation would be forthcoming shortly. As a result of soil issues resulting from an investigation completed earlier this year, a re-design of the stormwater management pond location was necessary. This delayed the revised submission to the end of May. 4.2 One of staff's key concerns outlined in PSD-067 -09 related to daylighting the northerly tributary on the Smooth Run lands as recommended in the Foster Creek Subwatershed Study. The watercourse is currently piped/tile drained from where it enters the property on the west side of Arthur Street to just north of the CPR line. The revised application contains a proposed daylighting channel as described in Section 1.2 of the report. Clarington Planning and Engineering staff together with staff from the GRCA generally concur that the proposed channel identified as Block 436, satisfies the intent of the daylighting requirement for the northerly tributary as contained in the original recommendation of report PSD-067-09. However, the supporting documentation and details on the design of the channel and the width of the block has not been presented for review by Clarington or GRCA staff. 4.3 The revised plans have significantly changed the unit mix for the development. The impacts of the proposed revisions to the unit mix and design have not been thoroughly reviewed and discussed in detail with the applicants. In consideration of the additional information required, the number of issues currently outstanding, staff commitments over the next three months including the preparation for and attendance at a 3 week OMB hearing on a different matter in September and Council's meeting schedule, preparing a recommendation report to approve the various applications prior to the September 17 pre-hearing is not feasible. 5.0 CONCLUSION 5.1 It is recommended that staff continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the official plan amendment, draft plans of subdivision and zoning by-law amendments, and that PSD-067 -09 be tabled until the first full meeting of Council, following the municipal election, to allow this to happen. Staff Contact: Carlo Pellarin 899039 ADDENDUM 3 TO: REPORT PSD-067 -09 PAGE 5 List of interested parties to be notified of Council's decision: Smooth Run Developments Inc. Brookfield Homes Ontario Limited Roslyn Houser, Goodmans Bryce Jordan, Sernas Associates Doug and Bridgette Rombough Rev. Robert Brouwer Steve Holliday Hugh Allin Anthony Jones Helen Judolin Heather Dowing Patricia Simiele Robert MacDonald Cory Geddes Jerry Reffosco Joanne Raymond Mark Veneziano Rob Franssen Jason Gibson Steve Wilson Ganaraska Region Conservation Authority 899040 Cl![-!llgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday July 5,2010 Resolution #: Report #: EGD-021-10 File #: By-law #: Subject: KENDAL DRAINAGE REVIEW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-021-10 be received; 2. THAT Engineering Services recommend the implementation of the preferred Option #3 contained in report EGD-021-10, Construction of a ditch on the south side of Regional Road 9, directing flow easterly to the watercourse immediately east of Regional Road 18; 3. THAT Engineering Services complete the detailed design for Option #3 and conduct a Public Information Centre for this project and obtain input from area residents and stakeholders; 4. THAT construction of the recommended option be completed in 2010 construction season; 5. THAT funding for the works be reallocated from the Bowmanville Creek Erosion Protection budget item, account no. 110-32-340-83234-7401; and 6. THAT remaining funds from the Bowmanville Creek Erosion Protection account be carried over to the 2011 Budget and additional funding to complete the work be considered as part of the 2011 Budget. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 901 REPORT NO.: EGD-021-10 PAGE 2 Respectfully by, o ~~ R.J '-- Reviewed by: Franklin Wu Chief Administrative Officer S'u itted by: A.S. Cannella Director of Engineering Services ASC/bb/jb/dv June 28, 2010 902 REPORT NO.: EGD-021-10 PAGE 3 1.0 BACKGROUND 1.1 The Hamlet of Kendal is home to approximately 65 residential properties ranging from 0.1 to 1.0 hectares in size, a local public school, recreational facilities, and a general store. Stormwater management is currently provided by a system of swales, open ditches and culverts that draw overland flow east to Regional Road 18 and south to outlet at the Smiths Creek tributary of the Ganaraska River. Due to a relatively flat topography, recurrent flooding has occurred at various locations within the hamlet during spring run-off and high-intensity rainfall events. 1.2 In 1990, TSH (currently AECOM) was directed by the Municipality to develop a proposal to improve drainage within the hamlet. A plan was prepared to construct a comprehensive storm sewer system in three phases at a cost of $1.0 million (1990 dollars); however, further work was deferred due to financial constraints and the need to pursue projects with higher priority. 1.3 In 1994, the unresolved drainage issues were brought to the attention of Council by local residents and TSH was advised to revisit the original project design and investigate the feasibility of discharging all or part of Kendal's storm drainage to the north-south drainage course which is located on the west side of Regional Road 18, A preliminary survey was conducted on Regional Road 18 and concerns were raised that the depth of ditching required to support proper drainage of the hamlet would be cost prohibitive. 1.4 To further investigate the feasibility of both the original three-phased stormwater drainage plan and the Regional Road 18 stormwater drainage concept, the Report on Soil Conditions for Hamlet of Kendal Storm Sewer & Road Reconstruction (June 6, 1994) was commissioned and prepared by Site Investigation Services Limited. Report findings concluded that a high groundwater table would render proposed design alternatives cost prohibitive and cited concerns over the probable disturbance of the groundwater table and the potential adverse effects on domestic wells that would result from installation of 903 REPORT NO.: EGD-021-10 PAGE 4 the storm sewers. At this time, a petition signed by 38 residents in opposition of the proposed sewer construction was also received by Municipal staff and a mutually agreeable decision was made between residents and the Municipality not to proceed with construction of a storm sewer system. 1.5 At the November 9, 2009 Council meeting the Engineering Services department was requested to research drainage issues along Regional Road 9 from Kendal Church Street to Regional Road 18 as they relate to the overall drainage of Kendal. Due to both current and historical concerns, the Municipality requested AECOM to renew efforts and find an amenable solution that would address the hamlet of Kendal's most pressing drainage needs. 1.6 In the spring of 2010, complaints were received by the Municipality from the owner of 43 Kendal Church Street regarding poor drainage from the property through the informal swale system that exists on the block bounded by Kendal Church Street, Monck Street, and Regional Roads 9 & 18 (see Attachment 1- Existing Conditions drawing). As part of their ongoing work associated with the preparation of their report AECOM investigated these complaints and photographed the situation to document the concerns. 1.7 Subsequent study of the project's pre-history and current conditions revealed three alternative solutions: 1. Do nothing 2. Comprehensive Shallow-Pipe/Ditching System 3. Ditching Improvements Ditching Improvements was evaluated as the preferred solution due to previous concerns regarding high groundwater table conditions and the hamlet's flat topography which would render a Comprehensive Shallow-Pipe/Ditching System largely unfeasible. 904 REPORT NO.: EGD-021-10 PAGE 5 1.8 Four ditching options were then developed under the preferred solution, based on mitigation of drainage concerns, impact on the environment, impact on property owners and financial cost. These four options are graphically represented in Attachments 2 through 5 as follows: · Option 1: Formalize Existing Sack Yard Swale-Preliminary estimated cost: $180,000 o Advantages - follows existing drainage patterns o Disadvantages - reliance on individual property owners to keep swale maintained and unaltered - uncertainty of subsurface existing conditions and environmental impacts (i.e. septic beds) - perceived or actual damage to private septic systems caused by swale construction - legal easements should be procured to ensure future access - does not address road runoff from Regional Road 9 · Option 2: Improve Ditch: Kendal Church Street and Monck Street- Preliminary estimated cost: $150,000 o Advantages - within existing Right of Way o Disadvantages - Right of Way is narrow thus requiring the shallow sewers - sewer slopes would be less than desired but are constrained due to existing condition of inlet and outlet - does not address road runoff from Regional Road 9 · Option 3: Construct New Ditch: Regional Road 9 (South Side) directing flow easterly-Preliminary estimated cost: $110,000 o Advantages 905 REPORT NO.: EGD-021-10 PAGE 6 - within existing Right of Way - directs flow from Kendal Church Street culvert away from rear yard drainage swale - captures road runoff and directs it away from private property - provides potential well draining outlet for sump pumps o Disadvantages - impact to existing entrances off of Regional Road 9 - minor grading required on private property to provide flatter ditch side slopes to allow for easier maintenance - relocation of utilities required · Option 4: Improve Ditch: Regional Road 9 (North Side) flows easterly- Preliminary estimated cost: $90,000 o Advantages - within existing Right of Way - directs flow from Kendal Church Street culvert away from rear yard drainage swale - minimal impact to existing residents o Disadvantages - does not capture road runoff and direct it away from private property - does not provide potential outlet for sump pumps - relocation of utilities required 1.9 Study findings were subsequently documented in the Kendal Stormwater Drainage Review (AECOM, June 2010) with a recommendation to proceed forward under Options 3 which is briefly evaluated below: · Option 3 proposes new ditch construction on the south side of Regional Road 9 with a significant improvement of overall drainage for adjacent properties while having a marginally higher cost due to affected private drive entrances and utility relocation cost. · In addition to conveying flows from the cross culvert just south of Regional 906 REPORT NO.: EGD-021-10 PAGE 7 Road 9 on Kendal Church Street it also captures road run off and directs flows away from the properties towards an outlet to the east. · This option also provides property owners with an alternative location for' discharging their sump pumps where the flows will be directed away from their property. 2.0 PROPOSED APP~OACH 2.1 Further effort is required to proceed to construction and provide timely relief for residents who have been struggling with this long-standing issue. Public consultation will offer a step forward by providing interested residents with an opportunity to understand the complexities involved, review the preferred option as noted and provide their input. To this end, detailed design of the preferred option should proceed for presentation at a Public Information Centre (PIC) with construction following shortly thereafter taking into consideration the input of the residents and stakeholders. 3.0 FUNDING 3.1 Opportunity exists to move forward in the current budget year through reallocation of funding for the Bowmanville Creek Erosion Protection works. Estimates for the Bowmanville Creek project were initially made on the basis of a conceptual design and, upon the completion of detailed design, were found to be significantly higher than the budgeted amount of $200,000. As such, Engineering Services was planning to defer works for the project to the 2011 budget year, provided that additional funding could be committed during 2011 budget deliberations, and has reviewed financing possibilities for the Kendal drainage works by utilizing the Bowmanville erosion protection funding from account number 110-32-340-83234-7401. 3.2 The Municipality.could also benefit from delay of the Bowmanville Creek Erosion Protection project due to the recently passed Development Charge By-law 907 REPORT NO.: EGD-021-10 PAGE 8 update and staff will review potential to fund a portion of the work with Development Charge reserves as the work has a growth related component to it. 4.0 RECOMMENDATIONS 4.1 Given the above, Engineering Services concurs that Bowmanville Creek funding should be utilized for the Kendal drainage works and that additional funding should be sought for the Bowmanville erosion protection project as part of the 2011 budget. It is further recommended that: 1. Detailed design of Option 3 as described above and defined in the Kendal Stormwater Drainage Review proceed to completion; 2. A Public Information Centre be conducted for Kendal residents and stakeholders to review the preferred option; and 3. Construction of the preferred option be tendered and constructed in the 2010 construction season. Attachments: Attachment 1 - Existing Conditions Attachment 2 - Design Option 1 Attachment 3 - Design Option 2 Attachment 4 - Design Option 3 Attachment 5 - Design Option 4 908 #IEcc..Co_Ud suo........ =~=F::;3";/i:~IaI"SGG Clw:l!JgtDn <) ; i : 3>: .., .., DI i nl ':1'1 3 !~\3" III ,'1 ~ I' ~i <.0 ~ It ~ ..' ..3 AI ! n : :T1 3 t; CD !' :l ';1 .. J~ WI ...... o ROPOSED DITCH HALLOW PIPE ~EATURES X1STING HIGH PO XISTlNG CROSS ( ---. EXISTINGOlTCH INFORMAL SWALE WATERCOURSE ~;~~:;~~~ .....-... __...--.""... ..."'IOfCOU'<..- ---..-..-.....,--.,......- __...._......a:oo_.._.._.._ ....._.,.___.._....AE'<;/lU_. .,,_........_...,."-'""'\'__.10."1'_ ______..oecow.____.......... A.:COM .oEr:ouC.....Ucl 511 DMo... ::;-;~F~3';'2~;r-I<,V,SG6 c>'''N\ ClfJ.!:lnglOn -" KENDAL STORM WATER DRAINAGE REVIEW -- OPTION 2 IMPROVE DITCHING 01 KENDAL CHURCH STREET AND MONCK STREET .....-~ """""~ - J.P-.IClOf'F 6014686' DElllGNflIllV _0IIt'1lB\': 5.2 "" ITCH HPO CROSS CULVER -.-. EXISTING.DITCH INFORMAL SWALE WAlERCOURSE =::==~"':~~ClN~CONTOURS J'~ST=~i;~~~nD~STIGoOTIOH ......-.g__...-......_..ilB:oo.r._ _~....__~..__llr............" ..........-"'~-"'_.._..,- "'.........,--'-..--.~- "'~.__..,loboII\I__......._ __....-.._...ecow._____ A.:COM NiOOMr..r.doUd S13o;.;.ioo1_c-....0n00"".CI___ 'l'IlM.3n.2\21FI05.172.1ll21 ~~ Cl!J.!pn ~ KENDAL STORM WATER DRAINAGE REVIEW - OPTION 3 CONSTRUCT NEW DITCH REGIONAL ROAD' lSOUTH SIDE) :~+=:r-- J ~ _".6014686 IlE8IGNl;!lav, ~"'. __'60.. 5.3 <) . === EXISTING CROSS CULVER _a_. EXISTlNGOlTCH INFORMAL SWAlE WATERCOURSE ""'" '1_""'-F't<lI~08T""""D"$PRINGlllDII lJOOUlIlE,,*OIlMO.l>OOl&o.SEDONC~II'>IGTON1..CONI0UltS J,E"'STlNGllITC"lOC"'noNSIlIoSEOONFa.D~""TlOIol ~""""v!;os""_l'H;)l~ .........___...""_dJrn;:OIo'.._ --......-...-..--,,-- =~=.::E= _______-Aa:OM"....-_........ A:COM AEC'ClM c..... Lld 5130M0"'"=~=j,~~~K!lol5G6 ..IEN! CJ. u ~WJl}gta KENDAL STORM WATER DRAINAGE REVIEW OPTION 4 IMPROVE DITCH REGIONAL ROAD' (NORTH S1DE) - 60'4686 - 5.4 <J i ~ .. .. \\I n ::r 3 III :s .. iftJ ...... w CI~mgtDn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday July 5, 2010 Report #: EGD-022-10 File#_ By-law # N/A Subject: HORSEY STREET RECONSTRUCTION, LOWE STREET TO CONCESSION STREET WEST - PUBLIC INFORMATION CENTRE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-022-1 0 be received; 2. THAT Staff proceed to finalize the detail design and prepare tender documents based on the information received at the Public Information Centre; 3, THAT Staff defer tendering the work until such time that the Region of Durham has re- budgeted funds for their share of the works; and 4. THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be informed of this report. Respectfully by, -"] ~. / I . . '/11/\ Sub itted by: A. s.~lIa, CET. Director of Engineering Services d~~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/RAljo/dv June 29, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 914 REPORT NO.: EGD-022-10 PAGE 2 1.0 BACKGROUND Horsey Street is classified as a Local Road in the Clarington Official Plan. The respective sections of the roadway have inadequate surface and structural deficiencies and currently have a semi-urban road cross-section meaning that no curb or gutter is present. The road serves as part of the Bowmanville street network as shown in Attachment #1. This area of Clarington is also a Regional priority with respect to deficiency improvements of their infrastructure. Horsey Street also forms a part of the Old Bowmanville Neighbourhood and was included in the Streetscape and Infrastructure Implementation Plan completed in 2001 and adopted by Council. The proposed reconstruction will include a new pavement structure and curbs as well as the installation of sidewalk. The Municipality will also be replacing the aged storm sewer and will be planting additional trees where possible to enhance future conditions, The Region of Durham will be completing a system upgrade of the Regional watermain as well as the Regional Sanitary Sewer. The Engineering Department and our engineering consultants, AECOM Canad~ Ltd., are using the Streetscape and Infrastructure Implementation Plan as a guide to maintain the current street configuration once reconstruction is complete and will consider modified technologies for the underground infrastructure where possible where conflicts exist with existing site features. 2.0 APPROACH A Public Information Centre was held to present the project proposal, to assess suitable construction measures of the project and obtain local resident input into the design process. The public was notified of the meeting by newspaper advertisement, the Municipality's information board and website, and through circulation notices to those who are directly affected by the proposed works. 915 REPORT NO.: EGD-022-10 PAGE 3 At this same Public Meeting Engineering Services staff also had existing condition base plans and aerial photography on display for both Lovers Lane and Carlisle Avenue to elicit input from area residents in advance of completing preliminary design for these streets which are anticipated to be completed in the near future and have been included in 2011 as part of the four year forecast. Further details on these streets will be provided in a subsequent report to Council after preliminary designs are presented at a future Public Information Centre. 3.0 INFORMATION CENTRE A Public Information Centre (PIC) was held on March 30,2010 at the Clarington Beech Centre on Beech Avenue in Bowmanville. At the meeting the following documentation and plans were presented for discussion: · Existing road condition base plans, showing proposed road works with aerial photography as a background for the works; · A typical road section for the urban design consistent with the Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan; · Photographs of existing pavement structure and residential entrances; · The full set of preliminary engineering drawings; · The tree inventory and assessment report; · A photo visualization of the proposed improvements with options for sidewalk location on Horsey Street East of Elgin Street. Option 1 North Side (existing) and Option 2 South Side (new location). The meeting was well attended with approximately 28 residents in the area that appeared at the PIC and provided input, 10 of which were specifically there for Horsey Street. The register and comment sheets are on file within the Engineering Services Department and available for review. The design proposal presented was generally well received. The main issues are listed below in bold accompanied by italicized commentary by our department providing further explanation: 916 REPORT NO.: EGD-022-10 PAGE 4 o Location of sidewalk should remain at its current location o Two options were provided for sidewalk location on Horsey Street east of Elgin Street. The first option was proposed at its current location and the second option was proposed on the south side of the street in order to provide some improved connectivity of the sidewalk from Temperance Street to Elgin Street. After receiving input from area residents and evaluating the options it was determined that the sidewalk would be replaced at their current locations with minor extensions to improve connectivity. o Storm runoff from the road and adjacent properties o The reconstruction project provides road drainage improvements for Horsey Street, as well as the abutting lands draining naturally to the road. This will eliminate long time concerns with water ponding & and runoff flowing onto private property. o Full barrier curb as part of the reconstruction o Although there were a number of requests to use full barrier curb on the street the final design will reflect a semi mountable curb as per the direction for local streets outlined in the Old Bowmanville Neighbourhood Streetscape and Infrastructure Implementation Plan completed in 2001 and adopted by Council. o Additional tree planting o A detailed street tree planting plan was prepared and will form part of the construction project pending available funding. In addition to trees at new locations, trees will be provide to replace any trees recommended for removal as part of the reconstruction works. There were some additional concerns related to the condition of Regional infrastructure and they have been referred to the Region for comment. 917 REPORT NO.: EGD-022-10 PAGE 5 4.0 DISCUSSION Recently the Municipality of Clarington in cooperation with the Region of Durham tendered the reconstruction of Jane Street, CL201 0-1 O. Although Clarington's portion of the contract came in within budget the Region's share of the contract was significantly higher than they had budgeted for. As they were not able to come up with additional funding to make up the shortfall they were required to look at other funds previously approved for Regional works in the Municipality of Clarington. The only project that had sufficient funds to make up the budget shortfall was the Horsey Street project. As such, Reg,ion of Durham staff have requested that Clarington defer their work on Horsey Street until they have had time to re-budget for the work as part of their 2011 Budget. Staff will continue to work with Region of Durham staff to ensure the Horsey Street works are considered in the Region's 2011 Budget. As a result of the Public Information Centre and recent developments related to the Region of Durham's participation in the project, detailed design will be finalized and design drawings and tender documents will be prepared for the Horsey Street project to allow for tendering shortly after approval of the Region's 2011 Budget and construction in 2011. This will allow for the urbanization of the street with curb and gutter, improved drainage and a new road structure upgrading the street to match recently reconstructed streets in the area. Attachments: Attachment 1 - Key Map Interested Parties List: Joan Anyan Bob Milliken Howard Anyan Matt Bourgeois Bill Paterson Wally Grundy 0, Saulnier Ken Kucharic Bill Macintyre Terry Cramm 918 iii ~ --..,--.., ~~ =- ==~ \ 51 ~=- ~ n . BOWMANVILLE;lij ~II. ~~ --=:~l ~ 'il w t =r~I)tI~il I~ ~ liww I t E -='\\ r frffj~ Concession gjJ W L cC . ~ ~I~' ~I :I\IJ ~~.!L__-~~~&~ t~i::~~ DRA_ BY EL ~.~ ~~~ 0 Un~ REPORTEGD-022-10 : )J ,\ &1. ~ ijl!1811rl I. \' 1\ ~~... II---"T-"~~ II "\(~ _~ ~~~P_ KEY MAP I, ATTACHMENT NO.1 919 U I I ) ~I F G:IPMS-BaselAttachmenlsIHorsey Sl.mxd '-' .'. ~ ~ r~ ~ =-1 I THIRrTREET\ J. H~ ~ I ,...11 - \.\ /~ ..J /V1f7l- I 7 I ~~'~M=- Tr tmm -I = Pm '6 ~v ,/ III == H~ [IE 1 idr-rl,l~ ...~~- ~ ~/ ----'N\-L M I SECOND STRFFT :=~ 0"<' {{ fiiJ i m_'7 ~I=r - rll I,~ I ~ :~l=i~" ~ \'~~~1 ~=! ........ REHDER AVENUE liJ - r- I-- J ...././'\11 T I ~;:::: i r\ '-- T 1 J ~ SAUNDERS AVENUE :I: - ~ == J FIRST ST. ),.-:1./1 -1 t----1 ~ ;t -~ =- 'ruM~ E=rn- m1~~~ ~ / ~~lL~ [:!=~ \ ( ~ ~ == /lio/Af1-r- rn -'- fillT rF <L~ J/ '--- 'T ~ ~ ~~~::!ILl.J::, ~ I~ ~~'LITIt= ( ~ "'" ~' J i~;L I ~~_f-' 8 ~ -+,~, ! '" · %~J-\\, l - , --- ~J.E= ~ - " ~ 0"" l ~'1TI. "~ rr'l ~..- ~ I I-- lD ===:J c t;1 ~K ~~ --'~V17T ) ~~ 0 D~ TC'1y .",$ O~ _ I ~ r &?--I>~~?- ~ !!i i~ H L CE ---, Ii '~ ''-..l...... " ((11< V NIL - Ir; t; 1(,0 G?-o,,,, :L::: I I I W ~,// / k '"..., l ~~r- 1 > ~ i~~~ l cfqc If/~ '1= '-~ 'if. -"~ ((I"'G '// Iv"'- '- "< ~ t; "ov m H r- # 0 ~~~ ~ ,,<<; a~&,~-i;."'G&?--I>~~?-~ ",i ~/ ~ _::y # ~ t; A 7 "l Clyv~c 7 rr:; ~ 7 Iv ct 1y&~1 ~H r-l J5 r /~/ -- /'li/ lil ~ - d ~Sm3~ ~a\~ g~ ~ "'O"'\,,~ S ",o~,,\G ~ ~ L\f\L~~" IlI!illllIlI2 ' , ,~ ]V lV~ ~E s DATE: June 28, 2010 Clocmgron REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday July 5, 2010 Report #: EGD-023-10 File #: C.BF.30.001 By-law #: Subject: PORT OF NEWCASTLE SUBDIVISION PHASE 1 STAGE 5, PLAN 40M-2220, NEWCASTLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report EGD-023-10 be received; 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2220; and 3. THAT Council approve the by-laws attached to Report EGD-023-10, assuming certain streets within Plans 40M-2220 as public highways. Submitted by: (1)~-:-~ Franklin Wu, Chief Administrative Officer ASC/NAC/jo June 24, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 920 REPORT NO.: EGD-023-10 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered December 17, 1999, with 1138337 Ontario Limited to develop lands by plan of subdivision, located in Newcastle and described as Plan 40M-2220 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the 'Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into five (5) stages: a) Initial Works; b) Final Works; c) Street Liohtino System; d) Stormwater Manaoement System; and e) Neiohbourhood Park Works (Not Applicable) 1.3 The Initial Works, Street Liohtino System and Stormwater Manaoement System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated November 1, 2008. This initiated a one (1) year maintenance period, which expired on November 1,2009. The Works were re-inspected at that time and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 921 REPORT NO.: EGD-023-10 PAGE 3 1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to permit the Municipality to assume certain streets within Plan 40M-2220 as public highways (Attachments 2 and 3). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Attachment 3 - Proposed By-law 922 I ~I 1 LlJ > a:: \ 0 KEATING LlJ Z :) MILLI:AFfjN . I- <( Z LlJ LlJ 0:: () o C/) -l LlJ -l 0:: <( () /; Port of Newcastle ,Subdivision "- Phase 1, Stage 5 Plan 40M-2220 ~01' 'L" i:--;-:Jill [\\"1'-'/ ""-, "l", 1 I /~<+ ~-./'rv,,~Jc]- LL cU, '. \~>_~:''',,:;, I" r \ , 'F'j , ' , ., ."" 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I~ t~<--,,-,"",<,,<tv.I~ I O~....0 e'l .f""'" ''':', "',,' I', ~''JI~' A. ~ '-, 'c"'--"" 1 >:: >', rv.:> ~- ~ / f,--'---, ! ,,/' ':<"" J<iy o ~ /' ' \ , / I" .' .",_~~ClQ~:;2J i'_~\\~::~~~~[~~ F-~~~~~I"f_~!:.J l,_"l~i~ ir1'r-~-::.i:",T}:nlmi"',TrIlJnlIJ~IEJmII~} lIn~~T--~:;7--- - --~-'--'---it----- -00...----1 ~_m--__ I-~fl)ii [;'~~j:l [1=1 ~~~ tJ12riJ d!:lt, ~i r .. j II' \ ...._..J J.-.,Q"jJj lJ-1 ~lrlT---l' rH~II\'''''' \ ;"'" ___ - .rJ,'h\'t:>, #"/J .:::., , 'in"}I' I ,\ ,- -- - " I Jill lJit::'1 l~ "'cj ; ('nmi"ill t \ 1 1 ~ I I I ~1 D ,'Y~ (,-:1 ~e ~.", -1 tttwu! 1_, <0 "// ""'::-__ : I :; iD~~W; ~ ~', cj 'J (;lIM81Rl?~2:J; ufJ I l ~'fit?j,!I!IIl;}~ ~i ~ ~1J?ii;~~A%l I~ ~ ~ I c ~= l 'r -- -I I' <> ",'S:::',,'r-~/ '1 H/./. ,:".j0F;c"'if:JL,\"- ",""'" .--1 " _ I '-,"--- -.:;;--,,"-...,"'1.......... .::; ~ l'..;j _~IJ..U- \ ~ --- - :E-l1! 1-- - - 1"- , ',- :;.."j, Cj t;;f/t t} /r 'r., ''io,,-!' t-' I I ':: ,.J ~m:%; ~b~e~i~i i' rl~ '- '>~\,lri T -11 I[ 9'1' ..~".~gJ.r/~ _?I ,I " "\~ I~ ~ I II, J" I " - -J__ 1-------- 7~ \ \"\Itd J - i I NEWCASTLE '/_':~~~il:~:_>; '---j( ~E~' M~P ',_rL J\r W~E S DRAWN BY: E,L. DATE: June 28, 2010 - -....---...,-,.IN /11 REPORT EGD-023-10 ATTACHMENT NO.1 q?3 G:\Attachments\40M-T.11d ,mxd ATTACHMENT NO.:2 REPORT NO.: EGD-023-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-XX Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington, The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1, THAT the blocks shown on Plan 40M-2220, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 46 Block 47 Block 48 BY-LAW read a first and second time this xxth day of xxxxx 2010. BY-LAW read a third time and finally passed this xxth day of xxxxx 2010, Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 924 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT NO.:3 REPORT NO.: EGD-023-10 BY-LAW 2010- XX Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1, THAT the streets and blocks shown on Plan 40M-2220, and listed below in this section, all being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Stillwell Lane Lakebreeze Drive Doug Walton Lane Block 46 Block 47 Block 48 BY-LAW read a first and second time this XXlh day ofxxxxx 2010. BY-LAW read a third time and finally passed this XXlh day of xxxxx 2010, Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 925 CJ!1[.-!llgtnn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 5,2010 Resolution #: Report #: EGD-024-10 File #: By-law #: Subject: CLARINGTON/PORT HOPE BOUNDARY ROAD AGREEMENT CLARINGTON/KAWARTHA LAKES BOUNDARY ROAD AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-024-10 be received; 2. THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the Municipality of Port Hope; 3. THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the City of Kawartha Lakes; 4. THAT Council pass the appropriate by-laws confirming each of these agreements; and 5, THAT the Municipality's solicitor register the agreements and the by-laws in the proper Land Registry Office. f)Hi..QQ~~ Reviewed by: Franklin Wu Chief Administrative Officer ASC/jo June 16, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 926 REPORT NO.: EGD-024-10 PAGE 2 1.0 BACKGROUND 1.1 The purpose of this report is to seek Council approval to enter into a Boundary Road Agreement with the Municipality of Port Hope and into a Boundary Road Agreement with the City of Kawartha Lakes. The Municipality had an agreement with each of Port Hope and Kawartha Lakes; however, these agreements have both expired. 2.0 COMMENT 2.1 Clarinqton/Port Hope Aqreement The Municipality of Clarington and the Municipality of Port Hope abut one another along East Townline Road and Cold Springs Camp Road and unopen road allowances, These roads are the subject of the now-expired Boundary Road Agreement. Similar to the previous agreement, the new agreement outlines each municipality's obligations with respect to maintenance, repair, street lighting, construction and development. The content of the previous agreement and the proposed agreement is similar, but the document has been updated with respect to verbiage, with respect to the new Municipal Act and with respect to legalities and claims. There has been no change in jurisdiction on any of these roads. 2.2 Clarinqton/Kawartha Lakes Aqreement Clarington and Kawartha Lakes adjoin along Darlington-Manvers Townline and Boundary Road and unopen road allowances. The new agreement outlines the obligations of each municipality and has been updated with respect to verbiage and the new Municipal Act. There has been no change in jurisdiction on any of these roads. 2.3 Input to the Preparation of the Aqreements These agreements have been prepared, and after staff review, finalized by the Municipality's solicitor. 927 REPORT NO.: EGD-024-10 PAGE 3 Engineering and Operations staff have met, reviewed and revised (where agreed) the draft documents. Staff of Port Hope and Kawartha Lakes have reviewed and concurred with their respective draft agreement. 3.0 CONCLUSION The Boundary Road Agreements between the Municipality of Clarington and Municipality of Port Hope and between the Municipality of Clarington and the City of Kawartha Lakes have each expired. There is a need for current agreements to be put in place in order to clearly outline jurisdiction, duties and responsibilities of each road authority as they pertain to the boundary roads. Accurate legal descriptions of the segments of the road allowances and the corresponding jurisdictions should be registered with the appropriate Registry Office along with the Confirming by-law. Attachments: Attachment 1 - Clarington/Port Hope Boundary Road Agreement Attachment 2 - Clarington/Kawartha Lakes Boundary Road Agreement Attachment 3 - Confirming By-law Attachment 4 - Confirming By-law List of Interested Parties: Municipality of Port Hope City of Kawartha Lakes 928 ATTACHMENT NO.:1 REPORT NO.: EGD-024-10 BOUNDARY ROAD AGREEMENT BETWEEN: THE CORPORATION OF THE MUNICIPALlTYOF CLARINGTON ("Clarington") - and - THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE ("Port Hope") WHEREAS: A. Subsection 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 as amended ("Act") provides that by-laws may be passed by lower-tier and upper-tier municipalities, subject to the rules set out in subsection 11 (4) respecting highways within their respective jurisdictions. B. Section 28 of the Act provides that a municipality has, among other matters, joint jurisdiction over all highways over which it had joint jurisdiction on December 31, 2002. C. As a result of municipal restructuring The Corporation of the Town of Port Hope and The Corporation of the Township of Hope ("Hope Township") became The Corporation of the Municipality of Port Hope effective on January 1, 2001. Port Hope is the successor of Hope Township for all purposes. D. On December 31, 2002, Clarington and Port Hope had joint jurisdiction over the public highway forming the boundary between Clarington and Port Hope ("Boundary Road") depicted in Schedule "A" to this Agreement. E. By an agreement dated October 12, 1993, Clarington and Hope Township provided for the maintenance and repair of the Boundary Road ("Clarington/Hope Township Agreement"). F. By this Agreement, Clarington and Port Hope wish to make provisions for all matters relating to the maintenance, repair, construCtion and facilities on or related to the Boundary Road. G. Subsection 29.1 (1) of the Act provides that municipalities having joint jurisdiction over a boundary road highway may enter into an agreement to keep any part of 929 2 the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part. NOW THEREFORE Clarington and Port Hope agree as follows: Interpretation 1. In this Agreement, (a) "Agreement" means this agreement, including its recitals and Schedule "A", as amended from time to time; (b) "Boundary Road" is the road forming part of a boundary between the easterly limit of Clarington and the westerly limit of Port Hope, including all intersections with local roads, as more particularly depicted in Schedule "A"; (c) "Claims" include any and all claims, actions, causes of action, damages, losses, complaints, demands, suits or proceedings of any nature or kind in respect of any and all losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, liquidated damages and amounts paid in settlement, whether from a third person or otherwise), the costs or expenses of complying with any environmental laws, and any economic losses, consequential, indirect, special and incidental damages resulting from or in any way related to a breach of a term of this Agreement, loss of life, personal injury (including, in all cases, personal discomfort and illness), and loss of and damage to property; (d) "Clarington Opened Portion of the Boundary Road" means that portion of the Boundary Road depicted as such in Schedule "A"; (e) "Clarington Unopened Portion of the Boundary Road" means that portion of the Boundary Road depicted as such in Schedule "A"; (f) "Construction" includes reconstruction, graveling, paving and excavating and includes the installation of engineered fill, subdrains, granular base, concrete curb and gutter, concrete sidewalk, guiderails, topsoil, sod, street trees, storm sewers, catchbasins, culverts, bridge construction, traffic signalization, sanitary sewers, watermains, service connections and all Maintenance and Repair Work that exceeds $10,000; (g) "Construction Costs" means all costs relating to Construction and includes costs for staff or consultants, soils analysis, surveying, designing, drafting, preparation of specifications, requests for proposals, tendering, supervision 930 3 of construction, accounting, overhead, debenturing, interest financing and net land acquisition costs; (h) "Maintenance and Repair Work" means all works required to maintain and repair the Boundary Road to a standard that meets the minimum maintenance standards required by O. Reg. 239/02 and, in addition, includes ditching, culvert replacement, entrance culvert maintenance, curb replacement, guiderail repair, pavement marking, maintenance of existing road closure gates, sewer and catchbasin cleaning, crack sealing, grass and weed cutting, sweeping and flushing, litter control, and tree trimming and removal work; (i) "Port Hope Opened Portion of the Boundary Road" means that portion of the Boundary Road depicted as such in Schedule "A"; and m "Port Hope Unopened Portion of the Boundary Road" means that portion of the Boundary Road depicted as such in Schedule "A". 2. All words in this Agreement shall be deemed to include any number or gender as the context requires. 3. This Agreement shall be interpreted according to the laws of the Province of Ontario. 4. References to provincial statutes or regulations are deemed to refer to the relevant legislation as amended, including successor legislation. Term 5. The term ("Term") of this Agreement shall commence on August 1, 2010 and shall expire on the tenth anniversary of such date (July 31, 2020). 6. The Term shall automatically renew at the expiration of the Term, or any extension thereof, for a further one-year period on the same terms and conditions unless either party provides 180 days notice in writing of its intention to terminate at the expiration of the then current term. Maintenance and Repair 7. Clarington shall, at its cost, (a) undertake all Maintenance and Repair Work within the full width of the Clarington Opened Portion of the Boundary Road; (b) remove and dispose of litter from the Clarington Unopened Portion of the Boundary Road; and 931 4 (c) indemnify and save harmless Port Hope from and against any Claim arising from or in any way related to any alleged failure by Clarington to perform its duties under clauses (a) and (b). 8. Port Hope shall, at its cost, (a) undertake all Maintenance and Repair Work within the full width of the Port Hope Opened Portion of the Boundary Road; (b) remove and dispose of litter from the Port Hope Unopened Portion of the Boundary Road; and (c) indemnify and save harmless Clarington from and against any Claim arising from or in any way related to any alleged failure by Port Hope to perform its duties under clauses (a) and (b). 9. Clarington shall exercise municipal access and consent powers respecting the Clarington Opened Portion and the Clarington Unopened Portion of the Boundary Road. Port Hope shall exercise municipal access and consent powers respecting the Port Hope Opened Portion and the Port Hope Unopened Portion of the Boundary Road. 10, Clarington and Port Hope shall coordinate all Maintenance and Repair Work on the Clarington Opened Portion and the Port Hope Opened Portion of the Boundary Road, respectively. Each shall be responsible for payment of all related expenses incurred on their respective portions of the Boundary Road. 11. Notwithstanding paragraphs 7 and 8, the costs incurred by either party respecting the cost of the installation and operation of safety features and/or improvements on railway crossings of the Boundary Road shall be shared equally. Construction 12. Subject to paragraph 14 and subject to each municipality's budget approval, Clarington and Port Hope shall contribute equally to the Construction Costs related to improvements to the Clarington Opened Portion of the Boundary Road and the Port Hope Opened Portion of the Boundary Road, 13. Original installation of entrance culverts shall be the responsibility of the municipality in which that lot is registered. Customers of each municipality shall have new culverts installed in accordance with policies of their respective municipality. New culverts on the Clarington Opened Portion of the Boundary Road will be installed by Clarington forces. New culverts on the Port Hope Opened Portion of the Boundary Road will be installed by Port Hope forces. The 932 5 location of these new entrance culverts shall be mutually agreed upon by representatives of Clarington and Port Hope. 14. If a subdivision development occurs on either side of the Boundary Road and works related to the subdivision are required pursuant to the terms of the subdivision agreement, both Port Hope and Clarington shall agree on the works to be undertaken on the Boundary Road and the municipality that has entered into the subdivision agreement may perform such works. Traffic Regulation 15. Those by-laws regulating traffic will be applied by the municipality having jurisdiction over that portion of roadway which it has undertaken to maintain and repair pursuant to paragraphs 7 and 8 of this Agreement. The adjoining municipality will be advised in writing of any proposed traffic by-law amendments for comments a minimum of thirty (30) days prior to passing of a by-law by the governing Council. The adjoining municipality will be provided with certified copies of such by-law. The municipality having jurisdiction over a roadway which intersects the Boundary Road will be responsible for the required stop and street name signs of the intersection road. All signs shall be installed in accordance with all applicable Ontario Traffic Manuals. Insurance 16. Each municipality shall maintain, in full force and effect, either a public entity integrated risk insurance policy including municipal liability coverage or a general liability insurance policy in an amount not less than Five Million Dollars ($5,000,000) per occurrence, at all times and throughout the term of this Agreement. Each municipality shall include in the said policy, an extension for non-owned automobile liability coverage in an amount of not less than Five Million Dollars ($5,000,000). Each municipality shall maintain, in full force and effect, owned automobile liability coverage in an amount of not less than Five Million Dollars ($5,000,000). The amounts of coverage shall be reviewed by the municipalities on any renewal. 17. Each municipality shall name the other as an additional insured on the policies set out in paragraph 16 at all times and throughout the Term. 18. Each municipality agrees to provide the other municipality with proof of the insurance required under this Agreement when requested in writing. 933 6 General 19. This Agreement together with a copy of the by-laws authorizing its execution may be registered in the proper land registry offices for the areas in which the Boundary Road is located. 20. (a) If any notice or other document is required to be or may be given by Clarington to Port Hope under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: Municipality of Port Hope 56 Queen Street Port Hope, Ontario L 1A 3Z9 Attention: Director of Works and Engineering Services or such other address of which Port Hope has notified Clarington in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered; and (b) If any notice or other document is required to be or may be given by Port Hope to Clarington under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Attention: Director of Engineering Services or such other address of which Clarington has notified Port Hope in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed or delivered. 21. Notwithstanding anything in this Agreement, neither municipality shall be in default with respect to the performance of any of the terms of this Agreement if any non-performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service, or any cause beyond the reasonable control of the municipality (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all the obligations contained herein. 934 7 22. The rights and liabilities of the parties shall enure to the benefit of and be binding upon them and their respective successors. 23. This Agreement contains the entire agreement between the municipalities. There is no covenant, promise, agreement, condition, precedent or subsequent, warranty or representation or understanding, whether oral or written, other than as set forth in this Agreement. 24. Nothing in this Agreement relieves either municipality from any outstanding financial obligation to the other in respect to of any prior agreement or other contractual arrangement between the municipalities related to the subject matter of this Agreement. 25. If any paragraph or clause or any of the words contained in this Agreement shall be held wholly or partially illegal, invalid or unenforceable by any court of competent jurisdiction, the municipalities agree that the remainder of this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, notwithstanding any statute to the contrary. Subject to the foregoing, this Agreement fully replaces and supersedes other contractual arrangements between the municipalities related to the subject matter of this Agreement. 26. The Clarington/Hope Township Agreement shall terminate and have no further force and effect on the day as of which this Agreement is made, provided that notwithstanding such termination, the obligations of each municipality to make payments to or to indemnify the other municipality under the Clarington/Hope Township Agreement shall continue in force until they are fully performed. Subject to the foregoing provisions of this paragraph, this Agreement fully replaces and supercedes any agreement or other contractual matters between the municipalities related to the subject matter of this Agreement. 27. No supplement, amendment or waiver of or under this Agreement shall be binding unless executed in writing by the municipality to be bound thereby. No waiver by a municipality of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. 28. Any dispute that may arise under or in relation to this Agreement shall be determined by arbitration in accordance with and pursuant to the provisions of the Arbitration Act, S.O. 1991, c.17. 935 8 IN WITNESS WHEREOF Clarington and Port Hope have signed this Agreement. Date: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk We have power to bind the Corporation. Date: THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE Linda Thompson, Mayor Sue Dawe, Director of Corporate Services/Municipal Clerk We have power to bind the Corporation. 936 REGIONAl ROAD 9 BOUNDARY ROAD MUNICIPALITY OF ClARINGTON ~$e s MUNICIPALITY OF PORT HOPE ~ McMILlAN ROAD ~ ~ THERTELL ROAD g ~ ~ I I ; (GANARASKA R~) !1 ! Ii! III ~ ~ ~ ~ ~ z 'I' CONCESSION ROAD 5 ~ ~ ~ % ~ i z ~ ~ ~ ~ e ~ wo.N\IlLLE Ii! ROAD ~ ~. I ~ u ~ 8 ~ ~ I ~ ~ h If ROAD e ~ ~ c ~ ~ " Ii! 9 ~ ~ CONCESSION ROAD.. ~ " G x X ~N X X X X X ST LINE '2 Z z ;D o Distance = 0.6 km ~ ! ~ h I;; CONCESStON ROAD 3 X ;D S X ~ CD X III " N (; '" X r ~ X z CD [C, ;0 X en 0 Gi X ;D ." 0 ;0 i!5 i ~ ~ 'i ~ Distance = 2.7 k " ~ ~ c ~ ~ "c~'T. ... .~.~.""WA." 2 .~ "1-' ~'? HI legend x x X Unopened Clarington Jurisdiction X )() UnDpened PDrt HDpe JurisdictiDn Distance = 3.5 km ~ AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS BETWEEN MUNICIPALITY OF CLARINGTON AND MUNICIPALITY OF PORT HOPE "--., o .25 - C )UNTY RO 9 5 2 G":; -< n )> ;0 r. Z (0 0: ~ '" " ~ ,. c;: W L m <\ ;0 os ;D 0 " 0: >- co w X '"' ~ Cl e:: ::J I '" z '" "' 00 7th LINE lTH UNE ;0 ~ :>- :0 o en o z ;0 " 00 0: ~ I o w Ul m 0: "' ~ '" o if) ;0 C 4TH INE !-; ih m <D m :0 ;0 .., I := ;1) o OUNTY RD 2 N o z ;1) o o C( ~ ~ " " ::, :0 o s: c ~ ih I ~ co ;<; Q ;0 v '" en m i!' n -< S - Provincial Highways =-=-= Regional Roads _Municipality Df ClaringtDn Responsibility (6.8 km) .., TDWnsip Df PDrt Hope RespDnsibility (7.6 km) - Roads DRAWN BY: E.L, DATE:FEBRUARY, 2009 SCHEDULE 'A' - Municipal Roads '.250 2.'" 3,250 '.000 Met.ra ~~!![inglon Lake Ontario 9 7 BOUNDARY ROAD AGREEMENT BETWEEN: The Corporation of the City of Kawartha lakes ("Kawartha lakes") . and - The Corporation of the Municipality of Clarington ("Clarington") Recitals: 1, Section 27 of the Municipal Act provides that by-laws may be passed by municipalities respecting highways within the municipalities' jurisdiction, 2, Section 28 of the Municipal Act sets out the highways over which a municipality has jurisdiction, 3, Section 29,1 of the Municipal Act provides that municipalities having joint jurisdiction over a boundary line highway ("Boundary Road") may enter into an agreement to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack or repair for that part, 4, A number of Boundary Roads exist on the boundary between Kawartha Lakes and Clarington as set out in Appendix 1 which roads have been assumed by the municipalities or been transferred to them by the Province. 5, The road systems adjacent to the Boundary Roads have been assessed to determine the most efficient way to link maintenance activities on Boundary Roads with maintenance activities on the balance of road systems for both municipalities, 6, Kawartha Lakes or Clarington will by this agreement provide maintenance services year-round or as set out in Appendix 1, on the boundary portions of all said Boundary Roads as set out in Appendix 1 commencing January 1, 2010, 7, Kawartha Lakes or Clarington Roads Accounting process does not distinguish costs on its Boundary Roads from costs on area roads, IN CONSIDERATION of the covenants in this agreement and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties hereto agree as follows: 1. Interpretation: (a) Gender. Plural: All words in this agreement are deemed to include any number or gender as the context requires, (b) Proper Law: This agreement shall be interpreted according to the laws of the Province of Ontario, (c) Headinas: Article, clause andlor paragraph headings are for reference purposes only and shall not in any way modify or limit the statements contained in any article, clause or paragraph, (d) LeQislation: Reference to federal or provincial statutes or municipal by-laws are deemed to refer to the relevant legislation as amended, including successor legislation, 2. Term: The parties agree to provide winter and general maintenance services on the portions of the Boundary Roads as set out in Appendix 1 for ten (10) years from the date of execution of this agreement. The parties agree that this agreement shall automatically renew at the expiration of the term or any extension of the term for a further one-year period on the same terms and conditions unless either party provides 180 days notice in writing of its intention to terminate the agreement at the expiration of the current term, 3. Level of Service: The parties covenant and agree to maintain the portions of the Boundary Roads which are its responsibility according to Appendix 1, to a standard which meets Page..../l ATTACHMENT NO.:2 REPORT NO.: EGD-024-10 938 Boundary Road Agreement - CIty of Kawilrthil Lilkes and The Corporation of the Hunidpallty of Clilrlngton provincially enacted Minimum Municipal Maintenance Standards effective during the term of this Agreement. In addition to undertaking all work required by 0, Reg, 239102, th~ parties agree to be responsible for ditching, culvert replacement, entrance culvert maintenance, curb replacement, guiderail repair, pavement marking, maintenance of existing road closure gates, sewer and catch basin cleaning, crack sealing, grass and weed cutting, sweeping and flushing, litter control, and tree trimming and removal as part of routine maintenance, 4, Call Outs: The parties covenant and agree that the municipality having responsibility according to Appendix 1, or its agents, shall be responsible for calling in and directing the employees and/or contractors for the roads which are their responsibility, 5, Municipal General Liability Insurance: (a) Each municipality shall maintain, in full force and effect, general liability insurance in an amount of not less than Five Million Dollars ($5,000,000) per occurrence, at all times and throughout the term of this Agreement. Each municipality shall include in the said policy, an extension for non-owned automobile liability coverage in an amount of not less that Five Million Dollars ($5,000,000), Each municipality shall maintain, in full force and effect, owned automobile liability coverage in an amount of not less than Five Million Dollars ($5,000,000), The amounts of coverage shall be reviewed by the municipalities on any renewal. (b) Kawartha Lakes shall name Clarington as an additional insured as set out under 5(a) above but only with respect to the operations of Kawartha Lakes as defined under Appendix "1" of this Agreement at all times and throughout the term of this Agreement. (c) Clarington shall name Kawartha Lakes as an additional insured as set out under 5(a) above but only with respect to the operations of Clarington as defined under Appendix "1" of this Agreement at all times and throughout the term of this Agreement. (d) Each municipality agrees to indemnify and save the other harmless from and against any claims including legal expenses, howsoever styled, attributable to the Municipality's negligence in performing the services required under this Agreement at all times and throughout the term of this Agreement, such expense shall be part of the shared cost agreement. 6, Proof of Insurance: Each party agrees to provide the other party with proof of the insurance required under this Agreement. Each party shall also be provided within 30 days notice of cancellation from their respective insurers. 7, Authority: The parties warrant that they have taken all necessary steps, done all acts, passed all by-laws and obtained all approvals required to give it the authority to enter into this Agreement. 8, Scope of Work: The parties agree that this agreement covers all winter and general maintenance and that specifically excluded is capital work, which shall include major bridge repair and road reconstruction. Prior approval (upon 1 year's notice) shall be obtained regarding capital expenditures on all boundary roads where costs are to be shared 50/50 and the municipality having responsibility for the affected section of Boundary Road shall manage such projects unless alternative arrangements are made. The costs incurred by either party respecting the cost of the installation and operation of safety features and/or improvements on railway crossings of the Boundary Rd, shall be shared equally, 9, Payment: That Kawartha Lakes deems it advisable to maintain year-round or summer maintenance and repair the sections of boundary roads as set out in Appendix 1 and Clarington agrees to maintain year-round and repair the sections of boundary roads as set out in Appendix 1, And further, that all surface treatment applications are to be treated as Capital work on a project by project approval basis, 10. Both parties agree that prior to undertaking expenditures in excess of $10,000,00 in any year, the work be subject to each municipality's budget approval process and must be approved by the other municipality, Any approved projects over $10,000 in cost will be shared equally between the two parties and further that each party shall furnish the other with an annual detailed statement of costs on their portion of boundary road, Capital proj~cts shall be invoiced monthly on the basis of 50% of each progress certificate as paid by the responsible municipality for authorized work. Page.....I2 939 Boundary Road Agreement - City of Kawartha Lakes and The Corporation of the Municipality of Clarlngton 11, Sianaae: Each municipality shall supply and install roadside sign(s) for the sections of road for which they are responsible as set out in Appendix 1 in accordance with all applicable Ontario Traffic Manuals, 12. Amendina Formulae: Either party may, upon 180 days' written notice to the other, withdraw from this Agreement or make proposals for change to take effect 180 days after the beginning of the notice period, Where there is mutual agreement, in writing, on a shorter notice for change, this clause shall not prohibit early implementation of such change, 13. Entrance Permits: Entrance permits on Boundary Roads shall be processed by the municipality in which the land requiring the permit is located on consultation with the other municipality as to road safety conditions, 14. Severances: Severance applications with respect to lands on Boundary Roads shall be processed by the municipality in which the lands are located on consultation with the other municipality as to road safety conditions, 15. Traffic Reaulation: By-laws regulating traffic shall be established by the municipality having jurisdiction over that portion of Boundary Road that it has undertaken to maintain and repair pursuant to this Agreement. The adjoining municipality will be advised in writing of any proposed traffic by-law amendments for comments a minimum of thirty (30) days prior to passing of a by-law by the governing Council. The adjoining municipality will be provided with certified copies of such by-law, The municipality having jurisdiction over a roadway which intersects the boundary road will be responsible for the required stop and street name signs of the intersection road, 16. Emeraencies: Notwithstanding anything in this agreement, in the event of an emergency situation, the non responsible municipality shall be allowed to react to the situation which the other municipality would otherwise be responsible, The costs of such emergency action shall be apportioned as set out in Section 9. 17, Notice: Any notice to be given under this agreement shall be sufficiently given if delivered or if sent by prepaid first class mail and addressed to: Director of Public Works The Corporation of the City of Kawartha Lakes P.O. Box 9000 26 Francis Street Lindsay, ON K9V 5R8 And to: Director ot Engineering Services The Corporation of the Municipality of Clarington 40 Temperance St. Bowmanville, ON L 1 C 3A6 Receipt of notice shall be deemed on the earlier of the date of delivery or five (5) days following the date of mailing of the notice. Either party may change its address for notice by give notice of change of address pursuant to this section, 18. Arbitration: (a) In the event of any dispute arising between the parties hereto relating to any matter which is the subject of this Agreement, such dispute shall be settled by the persons named in Section 17, In the event that the dispute cannot be settled within 30 days, then the dispute will be submitted to arbitration by notice given by either party to the other. (b) Upon such notice being given, the dispute shall be determined by the award of three arbitrators or a majority of them, one to be named by each party within twenty-one (21) days of the giving of such notice and the third to be selected by these two arbitrators within seven (7) days after both have been nominated. (c) If either party shall neglect or refuse to name its arbitrator within the time specified or to proceed with the arbitration, the arbitrator named by the other party shall proceed with the arbitration, Page...../3 940 Boundary Road Agreement - Oty of Kawartha Lakes and The Corporation of the Municipality of Clarlngton (d) The arbitrator(s) shall have all the powers given by the Arbitration Act of Ontario and may at any time proceed in such manner as they may see fit on such notice as they deem reasonable in the absence of either party if such party fails to attend, (e) Each party shall pay its own costs and shall share equally in the costs of the arbitration, (f) The costs of the arbitrators are not limited to those set forth under the Arbitration Act of Ontario and the arbitrators shall be able to charge their usual professional charges, 19, General: (a) Notwithstanding anything in this agreement, neither party shall be in default with respect to the performance of any of the terms of this agreement if any non- performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, ware or similar event, invasion, the exercise of military power, act of God, government regulations or controls, inability to obtain any material or service or any cause beyond the reasonable control of the party (unless such lack of control results from a deficiency in financial resources), Otherwise, time shall be of the essence of this agreement and all the obligations contained herein. (b) The rights and liabilities of the parties shall enure to the benefit of and be binding upon the parties and their respective successors and approved assigns, (c) This Agreement contains the entire agreement between the parties, There is no covenant, promise, agreement, condition, precedent or subsequent, warranty or representation or understanding, whether oral or written,other than as set forth in this agreement. This Agreement fully replaces and supersedes any agreement or other contractual arrangement between the parties related to the subject matter of this agreement. (d) If any provision, clause, or part of this agreement, or the application of this agreement under certain circumstances, is held by a court or tribunal of competent jurisdiction to be invalid, the remainder of this agreement, or the application of that provision, clause or part under other circumstances, shall not be affected, (e) The parties hereto agree to execute such additional documents and to pass such additional by-laws as may be necessary in order to give effect to the meaning and intent to this Agreement. IN WITNESS WHEREOF the parties by their duly authorized representatives have set forth their signatures on the dates herein written below: Signed and sealed this day of ,2010. THE CORPORATION OF THE CITY OF KAWARTHA LAKES Mayor Clerk Signed and sealed this day of ,2010, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk Page.....I4 941 Boundary Road Agreement - City of Kawartha Lakes and The Corporation of the Munldpallty of Clarlngton APPENDIX # 1 BOUNDARY FROM TO HWY. LENGTH RESPONSIBLE ROAD NUMBER CLASS. MUNICIPALITY Boundary Road The Easterly a distance of 4 3.38 kms, Year-Round limit of King's 3,377 m, Kawartha Lakes Hwy, #115, easterlv Boundary Road A point 3,377 The Township 6 3,85 kms, Summer m, east of the of Cavan- Maintenance easterly limit Millbrook- Kawartha Lakes of King's North Hwy, #115, Monaghan easterlv Boundarv Boundary Road King's Hwy, King's Hwy, 4 1,25 kms, Year-Round #115, #35 Clarington westerlv Clarington/Manve Regional The Twp, of 4 3,027 kms, Year-Round rs Townline Road #20 Scugog Clarington Boundarv Page.....I5 942 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW NO. 2010-XXX Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the Municipality of Port Hope. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington 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 the Corporation's seal, a Boundary Road Agreement for the roads forming the boundary between the Municipality of Clarington and the Municipality of Port Hope, dated the XX day of XXXX, 2010, in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law, BY-LAW read a first and second time this XX day of XXXX, 2010. BY-LAW read a third time and finally passed this XX day of XXXX, 2010, Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:3 REPORT NO.: EGD-024-10 943 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-XXX Being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Kawartha Lakes. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington 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 the Corporation's seal, a Boundary Road Agreement for the roads forming the boundary between the Municipality of Clarington and the City of Kawartha Lakes, dated the XX day of XXXX, 2010, in the form attached hereto as Schedule "X", 2, THAT Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first and second time this XX day of XXXX, 2010, BY-LAW read a third time and finally passed this XX day of XXXX, 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.:4 REPORT NO.: EGD-024-10 944 CJarhJgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution#: By-laW#: Report#: CLD-021-10 File#: Subject: Appointments to Clarington Municipal Election Compliance Audit Committee RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-021-1 0 be received; 2. THAT Nancy Coffin, William John Paul Jones and Kamal Smimou be appointed to the Clarington Compliance Audit Committee in accordance with section 81.1 (1) of the Municipal Elections Act, 1996; and 3. THAT the appointees be advised of Council's decision. Submitted by: Reviewed by: cJ~~ Franklin Wu, Chief Administrative Officer PLB/cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 1301 REPORT NO.: CLD-021-10 PAGE 2 1.0 BACKGROUND 1.1 At the Council meeting held on May 10, 2010, Council adopted the following recommendations contained in Report CLD-012-10: "THAT Report CLD-012-10 be received; THAT the Terms of Reference for the Clarington Municipal Election Compliance Audit Committee, included as Attachment 1 to Report CLD-012-10, be adopted; THAT the Clarington Municipal Election Compliance Audit Committee Rules of Procedure, included as Attachment 2 to Report CLD-012-10, be received for information; THAT the Municipal Clerk be directed to place an ad in the local newspapers and on the Municipal Website, and contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT inviting applications for appointment to the Clarington Municipal Election Compliance Audit Committee; and THAT the draft by-law attached to Report CLD-012-10 as Attachment 3 be approved by Council." The Committee's Terms of Reference, as approved with the adoption of Report CLD-012-10 is included as Attachment NO.1 for information purposes. 2.0 RESPONSE TO ADVERTISING The Terms of Reference indicate that the composition of the committee will be three members, appointed by Council. In response to the ads placed in the local newspapers and on the Municipal Website, as well as the letters sent to the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services and UOIT inviting applications for appointment, applications have been received from: · Nancy Coffin · William John Paul Jones · Kamal Smimou Copies of the completed applications have been circulated confidentially to members of Council, as they contain personal information related to each individual. 1302 REPORT NO.: CLD-021-10 PAGE 3 Additionally, in response to the City of Oshawa advertising for individuals to serve on their Compliance Audit Committee, five applications were received and all of the applicants advised that their information could be shared with other municipalities. Should members of Council wish to review these applications, they are on file in the Municipal Clerk's office. 3.0 RECOMMENDATION As the Terms of Reference set the composition of the Committee at three members and the three individuals who applied have the required experience and knowledge, it is recommended that they be appointed to the Clarington Municipal Election Compliance Audit Committee for a term ending November 30, 2014. Attachments: Attachment 1 - Compliance Audit Committee Terms of Reference Attachment 2 - Completed Applications for Compliance Audit Committee (Circulated, confidentially, under separate cover) I nterested Parties Nancy Coffin William John Paul Jones Kamal Smimou 1303 Attachment No. 1 to Report CLD-021-10 MUNICIPALITY OFCLARINGTON Compliance Audit Committee Terms of Reference 1. LEGISLATIVE REQUIREMENT Section 81.1 of the Municipal Elections Act, 1996, as amended states: Compliance Audit Committee (1) a council or local board shall, before October 1 of an election year, establish a committee for the purposes of section 81. Composition (2) The committee shall be composed of not fewer than three and not more than seven members and shall not include, a) employees or officers .of the municipality or local board; b) members of the council or local board; or c) any persons who are candidates in the election for which the committee is established. Term of Office (3) The term of office of the committee is the same as the term of office of the council or local board that takes office following the next regular election, and the term of office of the members of the committee is the same as the term of the committee to which they have been appointed. ' Role of clerk or secretary (4) The clerk of the municipality or the secretary of the local board, as the case may be, shall establish administrative practices and procedures for the committee ~nd shall carry out any other duties required under the MEA to implement the committee's decisions. Costs (5) The councilor local board, as the case may be, shall pay all costs in relation to the committee's operation and activities. 2.0 MANDATE The powers and functions of the Committee are set out in Section 81 of the Municipal Elections Act, 1996, as follows: 1. Review any applications of a compliance audit of any candidate who ran for election to the Municipality of Clarington Council, if the application was received in accordance with the legislative requirements. 1 1304 2. Within 30 days of receipt of an application requesting a compliance audit, the Committee shall consider the compliance audit application and decide whether it should be granted or rejected. 3. If the application is granted, the Committee shall appoint an auditor licensed under the Public Accounting Act, 2004, or other prescribed person, to conduct a compliance audit of the candidate's election campaign finances. 4. The Committee will review the auditor's report within 30 days and may, a. If the report concludes that the candidate appears to have contravened a provision of the Act relating to election campaign finances, commence a legal proceeding against the candidate for the apparent contravention; b. If the report concludes that the candidate does not appear to have contravened a provision of the Act relating to election campaign finances, make a finding as to whether there were reasonable grounds for the application. 3.0 TERM The Committee shall be established before October 1 of an election year. The Term of Office for the Committee is the same as the Term of Office of Council (December 1 of a regular election year to November 30, of the next regular election year). 4.0 COMPOSITION The Committee shall consist of three (3) members appointed by Council. The following persons are not eligible for appointment to the Committee: . Employees or officers of the Municipality of Clarington . Members of Council . Any candidates in the election for which the Committee is established Should an appointed Member accept employment with the Municipality or register as a candidate with the Municipality, their appointment will be terminated. All Committee Members must agree in writing that they will not work/volunteer for any candidate, provide advice to, prepare or audit the election financial statements of any candidate for office on the Municipality of Clarington's Council or become a candidate in the 2010 Municipal Elections and any by-elections during Council's term. 2 1305 5.0 CHAIR At the first meeting of the Committee, the Municipal Clerk shall call the meeting to order and the first order of business shall be the selection of the Chair. The Committee shall select a Chair from among its membership. 6.0 PROPOSED MEETING SCHEDULE The Committee shall meet as needed with meetings to be scheduled by the Municipal Clerk, in consultation with the ChaIr, when a compliance audit application is received. 7.0 STAFFING AND FUNDING Staff from the Municipal Clerk's Department shall provide administrative support to the Committee. The Municipality of Clarington shall be responsible for all associated expenses. 8.0 MEETINGS Meetings of the Committee shall be conducted in accordance with the open meeting requirements of the provisions in the Municipal Act, 2001, as amended. The Clarington website will be used to communicate the meeting notices, agendas, and minutes. Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, and at the agreement of the Committee. members. Meetings shall generally be held during the regular business hours of the Municipality of Clarington. 9.0 REMUNERATION $200 - Retainer fee (includes compensation for review of any background materials) $250 - Per diem rate, plus mileage 10.0 MEMBERSHIP SELECTION The recruitment process shall include an advertisement in the local paper, and on the municipal website detailing the selection criteria. Additionally, staff will contact the Institution of Chartered Accountants of Ontario, the Law Society of Upper Canada, Durham Regional Police Services, and UOIT. All applicants will be required to complete an application form outlining their qualifications and experience. 3 1306 All applications will be forwarded to Council for consideration and appointment. 10.1 Selection Criteria The following criteria will be considered when appointing members: · Demonstrated knowledge and understanding of municipal election campaign finanCing rules; . Proven analytical and decision-making skills; · Experience working on committees, task forces or similar settings; . Demonstrated knowledge of quasi-judicial proceedings; . Availability and willingness to attend meetings; and . Excellent oral and written communication skills. 11.0 CONFLICT OF INTEREST Members of the Committee must abide by the Municipal Conflict of Interest Act. Members shall not use their status on the Committee for personal or political gain. Committee members shall have regard for the Corporate Policy addressing the use of corporate resources during an election year. 12.0 COMPLETION CRITERIA The mandate of the Clarington Municipal Election Compliance Audit Committee will be considered complete at the end of each four-year term of Council, at which time, a successor committee shall be appointed. 4 1307 Clarington REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: 2010-JUL Y-5 Resolution#: By-Iaw#: Report#: CLD-022-10 File#: Subject: AMENDMENTS TO TAXI BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-022-10 be received; 2. THAT the by-law attached to Report CLD-022-10 be forwarded to Council for approval; and 3. THAT all interested parties listed in Report CLD-022-10 be advised of Council's decision. Submitted by: Reviewed by: o~~~ Franklin Wu, Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1308 REPORT NO.: CLD-022-10 PAGE 2 BACKGROUND AND COMMENT Taxi operations within the Municipality of Clarington are governed by By-law 2005-205. There are currently four taxi companies operating; these are Blue Line Taxi, Bowmanville Taxi, Clarington Taxi and Deluxe Taxi. At the time of the By-law's passage rates were set with an allowance for minor increases each year. Each of the companies has been very conscientious about minimizing the effect of any increases on the public. These rates are now six years old and need to be updated, especially in view of the implementation of the Harmonized Sales Tax on July 1st. A review of a sample of the taxi drivers revenue shows that they would be earning well below minimum wage if the tax change were to be absorbed by the drivers. The proposed increases will allow for a minor increase in the fares while still keeping the rates affordable. The current By-law allowed for variation in the fees and resulted in the occasional "fees war" between companies. While this may on the surface appear to benefit the public it was often done at the cost of the driver. The proposed amendment sets a firm fee structure that all companies MUST follow. The new Fee Schedule will see the "drop rate" raise from $2.80 to $3.00 and the travel rate go from 20~ per tenth of a kilometre to 25~. The optional $15.00 fee for remote locations is eliminated along with the luggage and grocery handling fees. The new fee schedule will reflect the fact that the meter rates include the HST. The current by-law does not speak to self directed calls for service; thus drivers are free to accept calls for service on their cell phones in preference to accepting Broker dispatched calls. This use of cell phones is a safety concern given the recent changes to the Highway Traffic Act in regards to cell phone use. It also directly impacts the broker's ability to effectively manage resources. The proposed amendment will restrict drivers to using their dispatchers 1309 REPORT NO.: CLD-022-10 PAGE 3 By making the Brokers responsible for the activities of their drivers it becomes part of their job to deal with complaints about the driver's conduct and demeanor. Included in the driver's responsibility is the new requirement that the driver have available change for a $20.00 so that customers are not shortchanged. The renewal date for owner/broker and vehicles licences will move to March 31 st at the companies' request. This is also at the end of the winter and before the demands of the summer restricts staff time. Staff have consulted with the taxi companies and they have indicated their support for the amendments. RECOMMENDATION Staff respectfully recommend that the attached by-law to amend the Taxi By-law be forwarded to Council for approval and that the interested parties listed below be advised of Council's decision. Attachments: Attachment 1 - Draft By-law to Amend By-law 2005-205 INTERESTED PARTIES Roy Williams Gary Peters Blue Line Taxi Bowmanville Taxi, Clarington Taxi Deluxe Taxi 1310 Attachment No. 1 to Report CLD-022-10 CORPORATION OF THE MUNICIPALITY OF CLARINGTON By-law 2010- Being a by-law to amend By-law 2005-205 being a by-law to licence, regulate and govern taxi and limousine businesses in the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 2005-205. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS: 1. THAT By-law 2005-205 be amended as follows: (a) Section 2.10 is deleted in its entirety and replaced with the following: 2.10 Except as otherwise herein provided, licences shall be issued for a period of one year and shall come into effect on April 151 of each calendar year and expire on March 31st of the following year and the licence fee as set forth in Schedule "B" attached hereto and forming part of this By-law, shall not be reduced in the event that the first period for which the licence is issued is less than one year. (b) Section 14.1 is amended by adding thereto the following: dd) Every taxi driver shall ensure that he or she has in their possession at all times while on duty, sufficient money to be able to provide change for a $20.00 bill. (c) Section 14.2(r) is deleted in its entirety and replaced with the following r) use or permit to be used a tmo-way radio, cellular phone or monitoring device in his taxicab which allows him to receive calls for service which have not been directed through the broker, or transmiVreceive any frequency of a taxicab broker licensed under this by-law, with whom he is not affiliated; 1311 Attachment NO.1 to Report CLD-022-10 (d) Section 15.1 is amended by adding thereto the following: 0) Every Broker shall ensure that all taxi drivers working for his or her brokerage comply with all the requirements of this By-law, It shall be an offence for a Broker to permit a taxi driver to operate in a manner which does not comply with the requirements of this By-law. (e) Section 23.2 is deleted in its entirety and replaced with the following; 23.2 No owner or driver shall publish or use a tariff, or demand or receive rates and charges other than those authorized by this By-law. (f) Schedule "C" is deleted in its entirety and replaced with a new Schedule "C" attached hereto and forming part of this By-law. 2. This By-law shall come into full force and effect upon its final passage by Council. BY-LAW read a first and second time this day of BY-LAW read a third time and finally passed this day of ,2010 ,2010 MAYOR MUNICIPAL CLERK 1312 Attachment No. 1 to Report CLD-022-10 SCHEDULE "c" TAXI TARIFF SCHEDULE "DROP RATE"...................................................................... $3.00 ****for the first 1/1 Oth kilometre or part thereof FOR EACH ADDITIONAL 1/10th KILOMETRE OR PART THEREOF... $0.25 WAITING TIME WHILE UNDER HIRE PER MINUTE.................... $0.45 EACH PERSON IN EXCESS OF FOUR....................................... $0.40 ****excludes children 8 years of age and under flat rate BAGGAGE. DOCUMENTS. PARCELS WHEEL CHAIRS AND SIMILAR DEVICES................................NO CHARGE HAND BAGGAGE INSIDE CAB...............................................NO CHARGE Charges for trunks and other items not covered by this tariff shall be agreed upon at the commencement of the trip For delivery of any parcel, document, or thing where no passenger is carried.....minimum charge per trip ........................ $5.00 Otherwise regular tariffs apply H.S.T.INCLUDED IN ALL RATES .IT IS AN OFFENCE TO CHARGE MORE THAN THE ABOVE TARIFFS CONCERNS REGARDING SERVICE CIN IE MADE IY CAlliNG THE MUNICIPAliTY OF ClIRINGTOI AT 905-&23-3379 EITENSIOI 239 1313 Clarington REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution#: By-Iaw#: Report#: CLD-023-10 File#: Subject: Ballot Question Re: Election of Regional Chair RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-10 be received; and 2. THAT By-law 2010-040, being a by-law to submit a question to the electors at the next regular municipal election to approve Council resolution re Direct Election of Regional Chair be repealed. Submitted by: Reviewed by: d~~ Franklin Wu, Chief Administrative Officer I L rrie, CMO Municipal Clerk PLB/ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1314 REPORT NO.: CLD-023-10 PAGE 2 1.0 BACKGROUND At the Council meeting held on April 26, 2010, Council passed By-law 2010-040, being a by-law to submit the following question to the electors at the next regular Municipal Election: Should the Council of the Municipality of Clarington approve the following resolution: THA T the Government of Ontario make a regulation requiring that the Chair of the Regional Municipality of Durham be elected by general vote. YES NO This by-law put into place the recommendations contained within Report CLD-005-10 which were adopted by Council on March 1, 2010. Prior to our by-law being passed, the Regional Municipality of Durham passed By-law 20-2010 to place the following question on the ballots for all municipalities within the Region of Durham at the 2010 municipal election: Are you in favour of the Council of the Regional Municipality of Durham passing the necessary resolutions and by-laws to change the method of selecting its Chair from appointment by the members of Regional Council to election by general vote of all electors in the Region? YES NO Although the Regional by-law was passed prior to the municipal by-law, the process was proceeded with in order to ensure that the direction of Municipal Council was followed in the chance that the Regional question was appealed and found not to be clear, concise and neutral as required by the Municipal Elections Act, 1996. 2.0 REGIONAL APPEAL In accordance with subsection 8.1 (6) of the Municipal Elections Act, 1996, an appeal of the question to appear on the ballot was received by the Regional Clerk. As required, a hearing was conducted by the Chief Electoral Officer on June 22,2010. On June 25,2010, the decision to dismiss the appeal was received. A copy of the decision is included hereto as Attachment NO.1. 1315 REPORT NO.: CLD-023-10 PAGE 3 3.0 CONCLUSIONS Given that the appeal to the Region's question on the ballot has been dismissed and the question will appear on the ballots for all municipalities during the 2010 Municipal Election, it is unnecessary for the Municipality of Clarington to proceed with the question as specified in By-law 2010-040. Accordingly, it is respectfully recommended that By-law 2010-040 be repealed. Attachments: Attachment 1 - Appeal Decision of the Chief Electoral Officer of Ontario Attachment 2 - Draft By-law to repeal By-law 2010-040. 1316 Office of the Chief Electoral Officer of Ontario Attachment No. 1 to . Report CLD-023-10 Bureau du directeur general des elections de l'Ontario June 25,2010 Ms. P. M. Madill Regional Clerk ' The Regional Municipality of Durham Clerk's Department 605 Rossland Road East Box 623 Whitby, Ontario L iN 6A3 Dear Ms. Madill: This is further to the matter of the appeal of a question enacted by By-law No. 20-2010, as passed by the Council of the Regional Municipality of Durham. On behalf of the Chief Electoral Officer, I am providing to you a copy of the Order of the Designate of the Chief Electoral Officer, Mr. Hugh Christie, as well as a copy of his Reasons. I would like to take this opportunity to thank you and the members of the staff of the Clerk's Department for the assistance that was provided to our office in preparing for the hearing. The room where the hearing was held was very suitable to our purposes and I would like to express our appreciation to those who set up the room. I would also be remiss if I did not express my gratitude to you, as well as on behalf of Mr. Christie and Ms. Fowlie, for the courtesy extended to us during our visit to your offices. Yours sincerely, ~ Loren A. Wells Deputy Chief Electoral Officer Enclosures 51 ROlARK DRIVE . TORONTO. ONTARIO M1R 381 . VOICE:(416) 326-6300 TTY: 1-888-292-2312 FAX: (416) 326-6201 51, PROM. ROLARK .TORONTO(ONTARIO)M1R381. VOIX: (416)326-6300 ATS:1-888-292-2312 TELE:(416)326-62011317 Municipal Elections Act, 1996, 8.0. 1996, c. 32, as amended Chief Electoral Officer In The Matter Of an Appeal under subsection 8.1(6) of the above-mentioned Act to determine whether the question enacted by By-law No. 20-2010 of the Regional Municipality of Durham complies with paragraphs 3 and 4 of subsection 8.1 (2) of the said Act. Before Mr. Hugh Christie (Delegate of the Chief Electoral Officer) ) the 22nd day of June, 2010 ) ) ORDER Upon the application of Ms. Keri Davey and others and upon hearing the submissions of counsel for the parties in the matter: 1. It is ordered that the within appeal is dismissed. rfB-r! rLi Hugh Christie on behalf of the Chief Electoral Officer TOR_LA W\ 7403919\2 1318 Municipal Elections Act, 1996, s.o. 1996, c. 32, as amended In The Matter Of an Appeal under subsection 8.1(6) of the Municipal Elections Act, S.O. 1996, c.32, as amended to determine whether the question enacted by By-law No. 20- 2010 of the Regional Municipality of Durham complies with paragraph 3 of subsection 8.1(2) of the said Act. ) Before Mr. Hugh Christie ) (Designate of the Chief Electoral Officer) ) ) ) Hearing held the 22nd day of June, 2010 in Whitby, Ontario REASONS FOR DECISION 1. This is an appeal pursuant to subsection 8.1(6) of the Municipal Elections Act (the "Act"). 2. Ms. Keri Davey appeals that a question proposed by the council of the Region of Dwham to be put on its ballot in this year's election as a referendum question is improper. She says it fails to comply with paragraphs 8.1 (2) 3 and 4 of the Act. 3. She says that the question is not clear, concise and neutral contrary to paragraph 8.1(2) 3, and is not capable of a yes or no answer, contrary to paragraph 8.1(2)4. 4. The question proposed by Durham Council in By-law 20-2010 reads as follows: Are you in favour of the Council of the Regional Municipality of Durham passing the necessary resolutions and by-laws to change the method of selecting its Chair from appointment by the members of Regional Council to election by general vote of all electors in the Region? YES NO 5. All parties agree that this hearing is properly constituted and that I have jurisdiction to hear the appeal pursuant to all limited by paragraphs 8.1(6) and (9) of the Act. 6. Ms. Davey says that following in her notice of appeal, and confirmed it in her oral submissions: 1319 If, like the previous "question to the electors" (Elections, 2006) 20% of eligible voters turn out to vote the option "Yes" isn't actually an option. "No" is still an option all the way up to 49% turn out. Yes only becomes an option if 500/0 of the voters turn out.... We also submit this appeal under "a) the question is neither clear, concise nor neutral" for the same reasons as above.... The discrepancy between the act of voting and the criteria for the out come, as outlined in your Notice dated April 29th, 2010 is unethical.... 7. . She disagrees with the provisions of the Act which provide as follows: 8.2(1) The results of a question authorized by a by-law under clause 8(1)(b) are binding on the municipality which passed the by-law if, (a) at least 50 per cent of the eligible electors in the municipality vote on the question; and (b) more than 50 per cent of the votes on the question are in favour of those results 8. She would like me to order that the Region of Durham should be bound by the referendum results no matter what the voter turnout. 9. I do not have the jurisdiction to do what she asks. My jurisdiction is limited by paragraph 8.1(6) of the Act, and I may not exceed that jurisdiction. Accordingly, I dismiss this appeal. Dated: June 22, 2010 ~ rLi Hugh Christie on behalf of the Chief Electoral Officer TOR_LAW\ 7409651\2 1320 Attachment No.2 to Report CLD-023-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. Being By-law to Repeal By-law 2010-040, a By:-Iaw to Submit a. Question to the Electors at the Next Regular Municipal Election to Approve Council Resolution re Direct Election of Regional Chair WHEREAS at a meeting held on July 12, 2010, the Council of the Municipality of Clarington approved the recommendations contained within Report CLD-023-10; THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT By-law 2010-040 is hereby repealed. BY-LAW read a first, second and third time this 12th day of July 2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1321 Claringron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5,2010 Resolution#: By-Iaw#: Report#: CLD-024-10 File#: Subject: LOTTERY LICENCE APPLICATION REVIEW - BY-LAW AMENDMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CLD-024-1 0 be received; 2. THAT the practice of forwarding all lottery licence applications to the Durham Regional Police Services for review be discontinued effective immediately; 3. THAT an amendment to By-law 94-30 be approved; and 4. THAT all interested parties listed in Report CLD-024-10 be advised of Council's decision. Submitted by: Reviewed by: o~~~ Franklin Wu, Chief Administrative Officer PLB/cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 1322 REPORT NO.: CLD-024-10 PAGE 2 BACKGROUND The Criminal Code was amended in 1969 by the Government of Canada making it possible for eligible charitable and religious organizations to conduct and manage lottery schemes under a licence issued by the appropriate provincial authority. Based on the authority conferred by the Criminal Code, the Government of Ontario passed the Order-in-Council, 2688/93, delegating its authority to licence charitable gaming events to the Registrar of Alcohol and Gaming, and municipal councils. In 1994, Council passed By-law 94-30 being a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries. This by-law appoints the Municipal Clerk as the Lottery Licensing Officer for the Municipality of Clarington and details the Clerk's responsibilities and authority. Specifically Section 3(c) requires the Lottery Licensing Officer (ie. the Municipal Clerk) to "submit each lottery licence application to the Durham Regional Police Service for review and report, and it shall be the duty of the Durham Regional Police Service to review each lottery licence application and to submit to the Lottery Licensing Officer a report setting out their recommendation. " This practice of forwarding lottery licences to the police for review pre-dates By-law 94-30 as far back as 1974, however, staff have no records to indicate why this practice was initiated. A recent telephone survey of several municipalities within Ontario concluded that no other municipality contacted seeks input from their local police on lottery applications. Over the past five years (at least, if not longer), the practice of satisfying this requirement has included staff faxing the application to the Durham Regional Police Services, 16 Division, and the DRPS in turn faxing back a response such as "The Durham Regional Police Service has no objection to the granting of this raffle/lottery permit to: [organization name]." This response can sometimes take up to one week. With the recent change in Inspectors at the 16 Division, staff have had several discussions regarding this "review and reporting of recommendations" process with the new inspector. Specifically, staff and the inspector discussed what Clarington's expectations are of the DRPS and what DRPS actually does to satisfy this requirement. Our discussions with DRPS concluded that the police "review" really serves no purpose. While the by-law seeks to impose a "duty" on the DRPS, the Municipality of Clarington has no jurisdiction over the DRPS. DRPS believe the request to be impractical as they do not have the resources to do what they would consider a "proper and thorough" background check for all organizations and their volunteers, the process of seeking their 1323 REPORT NO.: CLD-024-10 PAGE 3 input delays the application process, and no other municipality within the Region of Durham follows such a practice. SUMMARY The Municipal Clerk is responsible for the issuing of lottery licences in accordance with the Order-in-Council, and the delegating By-law 94-30. The Municipal Clerk, and staff, are very knowledgeable and fluent in the lottery licensing rules and responsibilities. It is impractical and time-consuming for DRPS to conduct the applicant reviews and it delays the application process. It is staff's recommendation, therefore, that the practice of seeking DRPS' approval prior to issuing a lottery licence be discontinued effective immediately and that By-law 94-30 be amended accordingly. That said, staff will continue to work with the DRPS should an enforcement issue arise respecting any licensed gaming activity within the jurisdiction of the Municipality of Clarington. RECOMMENDATION It is recommended that the practice of seeking DRPS' approval prior to issuing a lottery licence be discontinued effective immediately and that the draft amending by-law attached to Report CLD-024-10 be approved by Council. Attachments: Attachment 1 - Draft By-law to amend By-law 94-30. Interested Parties: C. Osler, Inspector - DRPS 1324 Attachment 1 to Report ClD-024-1 0 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-lAW 2010 - XXX Being a by-law to amend By-law 94-30, a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries. WHEREAS the Council of the Municipality passed By-law 94-30, being a by-law to provide for the issuance of licences to manage and conduct bingo lotteries, break open ticket lotteries, lottery schemes at bazaars and raffle lotteries; AND WHEREAS the review of lottery licence applications by the Durham Regional Police Services (as per section 3(c) of By-law 94-30) is deemed to be impractical, time- consuming and not necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT By-law 94-30 be amended by deleting Section 3(c). By-law read a first, second and third time this day of ,2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1325 a~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: July 5, 2010 Resolution#: By-laW#: N/A Report#: COD-038-10 File#: N/A Subject: Great West Life Benefit Renewal 2010 - 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-038-10 be received; 2. THAT Great West Life be advised of the Municipality's disappointment with the financial impact imposed on the Municipality with the 45.8 percent increase in the renewal of the benefit program for the 2010 to 2011 premium year; 3. THAT Council authorize over expenditure of the 2010 budget accqunts to accommodate the Great West Life premium increase for the balance of 2010; and 4. THAT the 2011 budget be prepared as appropriate, reflecting the Great West Life premium increases. o ' .... ~.~-~"'k Reviewed by: e Marano, H.B.Sc., C.M.O., Franklin Wu Director of Corporate Servicesl Chief Administrative Officer Human Resources MM/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1401 REPORT NO.: COD-038-10 PAGE 2 BACKGROUND AND COMMENT 1.0 History 1.0 The employee group benefit program underwent a market review and competition in 2008 with the assistance of Buffett Taylor Employee Benefits Consulting to review the results of the RFP. Eighteen benefit providers picked up the bid document, however out of the 7 companies who decided to bid, only 4 were able to bid on all benefits for a complete quote. Great West Life Assurance Company was the successful bidder and was awarded the contract through report COD-064-08 (Attachment #1). There was an estimated savings in the renewal premiums of approximately $300,000 with the Great West Life bid. 1.1 The Great West Life proposal committed to some guarantees on the rates following the renewal: 27 months L TD and Life Insurance 15 months Health & Dental 12 months other quotes and charges 1.2 The renewal for L TD and Life does not show an increase as promised, and the guaranteed rate commitment of 15 months expired about April 1 st, 2010. 1.3 Great West Life award included a term of four years, with an option to review for possible renewal pending satisfactory service and terms. The first term was effective from February 1st, 2009, therefore the final year term should run from February 1, 2012 to March 1st 2013. 2.0 The 2010 Budget Preparation 2.1 In September 2009 for preparation of the 2010 budget, staff requested confirmation from Great West Life of an estimated potential increase for the 2010 renewal. An e-mail response from the Account Manager the following comment: "If you need to provide your finance department with an estimate and what I provided is unacceptable, please use your number. If 12 percent is the highest increase you would accept then it is a realistic estimate, just not one that I can put forward at this time." The budget was prepared based on this assurance of the12% premium increase being a reasonable estimate and the implied commitment of Great West Life. 1402 REPORT NO.: COD-038-10 PAGE 3 The Account Manager who had provided excellent customer service throughout the term, left GWL to join another firm just prior to a scheduled meeting to discuss the anticipated 2010 - 2011 renewal . 2.2 The 2010 budget impact affects part of the year since Great West Life did agree to defer the implementation of the increase to start July 1st 2010. The estimated 2010 impact is $378,435. 3.0 First Renewal Term 2010 - 2011 3.1 GWL issued a renewal notice dated April 1st 2010 indicating an overall impact of 45.8% on the premium cost for benefits other than Life and L TD which are guaranteed until the next renewal term. The policy was scheduled to renew with GWL effective May 1, 2010, however with the delays in the process due to the change in GWL staff and repeated concerns expressed by the Municipality on the renewal impact, the renewal date was deferred to June 1, 2010. 3.2 Staff met with key representatives from Great West Life on two occasions to review the proposed impact for the renewal. At the initial meeting, Staff expressed incredulity at the proposed 45.8 % increase and requested an in depth review of each component of the premium expense to validate the numbers presented. GWL returned to review their findings; advising that their numbers were accurate and the company was losing a significant amount of money on the claims paid out versus the premiums paid. On June 11th a written notice was received confirming that GLW were not prepared to phase or amend the 45.8 % increase for the renewal. The result is a financial impact of an additional $63,073 per month, totaling $756,870 over twelve months, if there is no increase in premiums on the renewal for June 1, 2011, however based on GWL current approach it is likely that there may be some increase in the 2011 to 2012 renewal. 3.3 Staff consulted the benefit consultant company that assisted in the analysis of the bid and award, who confirmed that the amount of increase appeared to be significantly larg~r than what would be expected, but without the details of the claims information they were not able to be specific in their comment. They did note that if the claims had deteriorated since the market analysis, the Municipality may have been in the same cost position had it remained with the prior carrier. 1403 REPORT NO.: COD-038-10 PAGE 4 4.0 Conclusion 4.1 While there is no doubt the Municipality's prior year claims include a number of significantly large use of drug and health benefit, and any business enterprise is not expected to subsidize premiums, it is disappointing that Great West Life would not phase in the drastic premium increase. 4.2 It is recommended that the Municipality complete the contractual term to 2013, and review the market conditions in the 3rd year for possible competition at the conclusion of the contract. 4.3 The Budget 2011 will be prepared representing the full impact of the premium increase, plus any anticipated renewal impact for June 1, 2011 to May 31, 2012. Attachments: Attachment 1 - Report COD-064-08 1404 ClNhJgton A IT ACHMENT # e REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 20, 2008 Report #: COD-064-08 File#_ By-law # Subject: RFP2008-5 - PROVISION OF EMPLOYEE GROUP BENEFITS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-064-08 be received; 2. THAT the presentation provided by Buffett Taylor Employee Consulting be received for information; e 3. THAT Great West life Assurance Company be awarded the contract for the provision of Employee and Dependent life, Long Term Disability, Health and Dental coverage for a minimum four year term with a review at the conclusion for a possible renewal of a further term pending satisfactory service and acceptable terms; 4. THAT Chubb Insurance Company of Canada be awarded the contract for the provision of Accidental Death and Dismemberment coverage for a minimum four year term. With a review at the conclusion for a possible renewal of a further term pending satisfactory service and acceptable terms; 5. THAT staff be authorized to proceed with negotiations of a final agreement with Great West life Assurance Company and Chubb Insurance Company on behalf of the Municipality; 6. THAT the attached By-laws marked Schedule "An and liB" authorizing the Mayor and Clerk to execute agreements with the Great West life Assurance Company and Chubb Insurance Company of Canada be forwarded to Council for approval; and 7 . THAT the Director of Corporate Services be authorized to approve administrative policiesl agreem as required. Reviewed by: . _. /)11_~~.. ~. ~~ ~ Submitted by: ranklin Wu,' Chief Administrative Officer " MMlJDBlkm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1405 REPORT NO.: COD-064-08 PAGE 2 e 1. BACKGROUND AND COMMENT 1.1. Request for Proposal RFP2008-5 - Provision of Employee Benefits was issued inviting responses from qualified and experienced benefits insurers with the assistance of Buffett Taylor Employe~ Benefits Consulting. The recommended term of the agreement is for a period of four (4) years after which a review, utilizing, as appropriate an independent consultant, with a view to continuation or re-marketing the program. e 1.2. The proposal for benefits coverage included all employee benefits, employee and dependent life insurance, long term disability (L TO), extended health and dental (EH&D), accidental death and dismemberment (AD&D) and deluxe travel insurance. Coverage was intended to cover all levels of municipal staffing, including approximately 290 employees, L TO claimants and retirees. In addition, it was an opportunity to explore the benefits of amalgamating all benefits under one provider, whereas we are currently covered by three providers, Sun Life Financial for L TO., Manulife Financial for Health and Dental and RBC Insurance for Life Insurance. 1.3. A total of eighteen (18) benefit providers obtained the bid document and seven (7) submissions were received. All submissions were then reviewed by Municipality's evaluation team consisting of staff from Human Resources, Payroll, Purchasing and Buffett Taylor. A report prepared by Buffett Taylor summarizing the process, the rational for the selected providers and providing recommendations for award is attached as Schedule "B". As stipulated in the proposal document, proponents were evaluated based on the following criteria: 1.3.1. Company Profile and Experience including references and any conflicts of interest 1.3.2. Service Team including experience, qualifications/certifications and unique experience II 1.3.3. Financial requirements including premiums, renewal methodology and rate guarantees 1406 REPORT NO.: COO.Q64.Qa PAGE 3 e 1.3.4. Responses to 48 point questionnaire. A copy of the questionnaire is attached as Schedule "0" 1.3.5. Transitional Services - timetable, implementation team, employee communications and information sessions and identified time savers. 1.4. Each benefits provider submitted comprehensive proposals addressing all issues contained in the bid document. However, after a review of all documents, the Desjardins Financial Security submission was rejected as it was non-compliant. Based on the evaluation committee's review and scoring of the submissions two firms, Manulife and Great West Life, stood out based on their overall scores. The evaluation team proceeded to interview representatives from each provider in order to finalize the selection process. 2. ANALYSIS e 2.1. Based on the overall highest score the evaluation committee is recommending that Great West Life Assurance Company be awarded the contract for the provision of employee and dependent life, long term disability (L TO), extended health and dental (EH&D) and deluxe travel insurance. However, Great West Life was not competitive on the provision of accidental death and dismemberment coverage 2.2. After completing the interview and scoring process it was determined that Chubb Insurance Company of Canada was offering the best overall proposal for the provision of Accidental Death and Dismemberment coverage. Accordingly, the evaluation team is recommending Chubb as the provider for the AD&D coverage. 2.3. Details supporting the above noted recommendations are contained in the Market Survey Highlights and Recommendation report submitted by Buffett Taylor and attached as Schedule "C". e 3. FINANCIAL IMPLICATIONS 3.1. Adoption of the foregoing recommendations will, at a minimum, result in a rate stabilization for all benefit premiums with a potential for a reduction in overall 1407 REPORT NO.: COD-064.oS PAGE 4 e 3.2. 3.3. 3.4. 4. costs to the Municipality, however, the exact amount is yet to be determined. The total benefit cost for 2007 was $1,B50,25B.02. Notwithstanding the cost benefits, which includes cost guarantees ranging from 1 to 3 years as noted in the attached Buffett Taylor report, the selected firms are well suited to deliver long term, cost viable benefits while meeting the Municipality's service requirements. Although the process did not result in a consolidation of all benefits it did reduce the number of providers from three to two and this will provide administrative benefits over the term of the agreements. The funds required for the benefits coverage are provided in annual operating budgets for each department. CONCLUSION e 4.1. To award the contracts for the provision of Employee and Dependent Life, Long Term Disability, Health and Dental coverage to Great West Life and the Accidental Death and Dismemberment coverage to Chubb Insurance Company each for a four year term. At the conclusion, or throughout the term as deemed appropriate, a review will be undertaken, for consideration of renewal or market competition. 4.2. The transition to the new providers is an extensive undertaking. It is targeted to start February 1, 2009. Staff will be educated, and change over documentation will be undertaken between November 200B and February 2009. Great West have assured the municipality that it is comfortable with conducting a smooth transition to the new plans. Attachments: e 1 - Schedule "A", By-law 2 - Schedule "B", By-law 3 - Schedule "C" Buffett Taylor Employee Benefits Consulting Report (Market Survey) 4 - Schedule "0", RFP Questionnaire 1408 e Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF cLARINGTON BY-LAW 2008- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Great West Life Assurance Company, Ontario, for the Provision of Employee Group Benefits. 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, Great West Life Assurance Company, Ontario, and said Corporation; and e 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 ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk e 1409 e e e Schedule liB" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . BY-LAW 2008- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Chubb Insurance Company of Canada to for the Provision of Employee Group Benefits. 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, Chubb Insurance Company of Canada, 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 ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1410 ~"IICUUIC V ~~~~e~!nTf'!~!~~~. e~ ""'''' '''''''''~'''''''''''''''''''''''''''''--''''W'''''''''''U''''''''''",,,,,,,,',..,....,,,,, ,., . "..""" ", ",..".." , MUNICIPALITY OF CURINGTON u MARKET SURVEY HIGHLIGHTS & RECOMMENDATIONS ., Market Survey Overview Buffett Taylor was contracted by the Municipality of Clarington to survey the group insurance marketplace in order to test the competitiveness of the current providers. The main purpose of this market survey was to test the competitiveness of the current rates, underwriting methodologies, financial and administrative terms of the current insurance contracts. In addition, secondary objectives were: e · To consider amalgamating benefits under one provider, to provide stream-lining and efficiencies; . Obtain rate stability through extended rate guarantees; · Analyze the service capabilities available in the marketplace, including online insurer systems for billing and administration; . Ensure superior customer service; · Review current life and L TD non-evidence and overall maximums to ensure that maximums are adequate to reflect both the current and the long term changing needs of the municipality; . Examine the value added services offered in the marketplace · Review industry standards and best practices with respect to benefits in order to enact positive changes to the existing plan, and . Establish a long term relationship with the selected provider(s) In conjunction with Clarington's Purchasing Division, marketing specifications were released to the competitive marketplace on July 18, 2008. Upon being appointed to work on this project, Buffett Taylor met with Clarington to discuss the process and to develop an RFP package that included: · An exact duplication of Clarington's current plan design schedule and contractual provisions; · Employee demographic information for the purposes of insurer rate calculations; . Historical claims experience and rate history; . Outline of the existing funding arrangements; . Listing of open long term disability claimants and open premium waiver claims; and · A customized underwriting questionnaire to determine the advantage of alternate funding arrangements, plan designs and to determine the competitiveness of insurer's expense levels. · Relevant sections pertaining to Clarington's requirements for compliance with RFP submissions (including required Forms and formats for proposal). The municipality's current providers are: e . Sun Life Financial . Manulife Financial . RBC Insurance - employee life, dependent life and long term disability - extended health and dental benefits - accidental death and dismemberment '. . ." '- P~I - 1"ili.'.I"II....l".,..' \../lil1. \\hlll'\ Illil.li'III' 11\ :\I~ . 1'11"111..'111'::'1/,111,'1111 . \\th.,tlt. vvwwbulff.:lll;lylorcom . ].1\ 'IIJ':;'ll'/'I"',~, I,dl 11.......I,,)\I_>,~.2i,...iJ -... 'vUUI'=' ~.. e Employee Benefit Provision - Market Survey Municipality of Clarington October 9, 2008 Page 2 On an overall basis, we were very pleased with the response from the competitive marketplace. The marketplace showed a significant interest in partnering to underwrite Clarington's program. The following is a summary of the carriers who were asked to provide proposals. We have indicated their response to the market surv~y below. Carrier Name Benefits Available Response In terms of the AD&D benefit, in addition to the two quotes received from Chubb and lAP, the following traditional insurance carriers - Manulife, Great West Life and Desjardins, also provided AD&D quotes. Process for Evaluation & Recommendation Based upon the following process: . Submissions reviewed by Clarington Purchasing Division to ensure that all RFP submission criteria was met; . An extensive review conducted by Buffett Taylor of all written submissions; . Rating and evaluation of submissions in conjunction with Clarington representatives, based on pre-determined criteria and score/weighting formula; . Finalist presentations / interviews with selected proponents; . Reference checks e we recommend that the Municipality of Clarington transfer the Life, Long Term Disability, Health and Dental benefits to Great West Life with an effective date of February 1, 2009. ;> !<\J,'11 '1I\'L'1 '-lor!!l . \\.LIII1:- j inLllj., . II'I\IX . J'lh\'h..qti'rl(l/\I~Ij'1 . \\,'lhlh.NWwbufft~ltlaylorc;orn . I.J\'I,)":-""I,'\I-,,,,". '1~ I ' ,II I ~ l.. L' j ;., l rl i ~ f I ~.: f' "I) 4-..~_ e Employee Benefit Provision - Market Survey Municipality of Clarington October 9,2008 Page 3 Although it is important to note that financial (price) aspects are generally a key element in the criteria and evaluation process, the importance of the technical and non-financial aspects of each quote was also given high consideration. Given that group benefit plans of this size are quite complex to administer and manage on an ongoing basis, the ability of Clarington to contract with providers that can meet existing and ongoing challenges with innovation and flexibility becomes a core requirement. Simply put, group plans of this size cannot be moved on a frequent basis; therefore, it is essential that Clarington can develop a long term partnership with a provider that can demonstrate excellence in all aspects of product delivery. Again, the marketing provides the opportunity to ensure that carriers, based on the value of their proposal, are best suited to deliver a long term, cost viable benefits program, while meeting the Municipality's service requirements and expectations. Reasons for Recommendation Great West Life's offering to Clarington allows for not only the streamlining of multiple benefits under a single carrier, but also: e . Great West Life offered extended guarantees on their pricing aspects as follows: o a 27 month guarantee on insured Life and Long Term Disability rates; o a 15 month guarantee on insured Health and Dental rates; o a 12 month guarantee on stop loss charges and pooling quotes for Health and Travel . a competitive pricing structure relative to current providers: o estimated current (pre-renewal) annualized costs for Life, Dependent Life, Long Term Disability, Health, Travel and Dental = $1,839,542 (excluding sales tax). Great West Life quote annualized = $1,546,053 (excluding sales tax). . a commitment to provide no deviation from current plan design parameters; . a commitment to high levels of customer service; . a demonstrated ability to provide flexibility in meeting the insurance requirements of the municipality (e.g. willingness to offer higher maximums on life and disability benefits to ensure that all staff are fully insured under the base group plan without having to meet additional evidence of insurability requirements as required with the current provider, along with a provision to ensure ongoing full coverage within reasonable salary increase parameters); . highest levels of technology on both the plan member level site and employer administration site; . an inclusion of value added components and products at no additional cost to the municipality;' . a demonstrated ability to effectively transition similar sized group plans using customized communication and employee sessions, along with a dedicated transition service team; . a clear timetable for transition of benefits, including a commitment to provide booklet/contract drafts for review prior to the effective date of February 2009; . a clear and concise approach to disability management and the availability of ad-hoc services that Clarington may wish to utilize during the self-administered short term disability period. . a commitment to provide a disability "needs analysis" prior to plan implementation to ensure that the disability benefit transition is handled smoothly and is reflective of Clarington's needs Accidental Death & Dismemberment (AD&D) Benefit A combination of price and extended rate guarantee leads to the recommendation to award the AD&D benefit to Chubb Insurance effective February 1, 2009. This carrier has provided a competitive pricing structure coupled with a three year rate guarantee. e - I ~'I ) 1.'_ j-'1ti ~If~'l.r \.. ,,: 11. \\ 1111 h; t l(,!.,1!I'. I I \ -I \ 1\ . 1'111 111\.' 'JI j~. 1,1 ,I,. i ~I HI . \\\.:11-,1lL' WWW huffellf.~ylor (;001 . I .1\ 1,,; -~ "I", 1:":\ -, . I, >II IIL'\' 1,1 jll '., ~_114-1 ,1 3 -- __I ''''''''''"'.''' \J e Employee Benefit Provision - Market Survey Municipality of Clarington October 9. 2008 Page 4 Chubb's offering includes enhancements to some of the ancillary benefits relative to the existing AD&D coverage. Overall Conclusion Based on comprehensive evaluation criteria, the favorable combination of price and technical product substantiate the recommendation that Great West Life be selected as the carrier for the Life, Long Term Disability, Health and Dental plans, and that Chubb Insurance be selected as the AD&D carrier. * * * * For more information on this report, please contact your Buffett Taylor service team: Joyce Persaud David Czuczman Account Manager Practice Leader (905) 666-1300 ext. 249 (905) 666-1300 ext. 233 e e ,~. ~ I :'J 1::..," ""'.'" ","lIiI . II """'-. I III I. II I" . I 1,'\ III> I'h. ilh.: '11),';;.11(111 J "IHj II ,/"'k 'IYWW bu[t(,lItaylor.r.:;Jm "414 .. 1"1\ "tJ:-i ql,(l,'.:"I<"'-' . II -Ill I"l.'l' I .'I/l) _~i,~. >,'1) - e THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REQUEST FOR PROPOSAL FOR THE PROVISION OF EMPLOYEE GROUP BENEFITS - PROVIDER SERVICES Schedule "0" Underwriting Questionnaire 1. Please confirm that your company operates in accordance with CLHIA guidelines and that no current insured members will suffer a loss of coverage as a result of a change in carrier. 2. Please confirm that your quotation does not deviate from the Plan Design Outline, provided under Appendix #2. Otherwise, any deviation should be listed and explained in detail. Please do not refer to your standard proposal pages. 3. In the event that all benefits are not placed with one carrier, please advise which, if any, of the benefits you would be prepared to underwrite separately. 4. Please advise the date at which time the terms of your proposal is no longer binding. 5. Are you prepared to offer any rate and I or retention charge guarantees in excess of one year? If so, please specify by line of benefit. 6. Please confirm that your quoted rates will not be subject to recalculation on the effective date. e 7. At minimum, please confirm that your AD&D quote includes the following: A. Enhanced paralysis benefits B. Exposure and disappearance C. Repatriation benefit $10,000 D. Rehabilitation benefit $10,000 E. Conversion privilege . F. Education benefit up to 5% of less of $5,000 per year G. Spousal retraining benefit $10,000 H. Family transport benefit $5,000 I. Day care benefit up to 3% or $3,000 per year to a $12,000 maximum J. Home and vehicle modification benefit $10,000 8. Please provide all details relating to your quoted AD&D benefit. 9. Please describe any enhancements to your basic AD&D above and beyond item #7 above, included in your quoted charge. 10. Regarding the life and L TO benefit, please describe your basis for establishing renewal rates, including: a. the formula used to determine the degree of credibility that is applied to the claims experience; and b. the factor(s) used to determine the reserves for Incurred But Not Reported (IBNR) reserves and disabled life reserves (DLR's) and waiver of premium reserves (WOP), as applicable. 11. If marketing discounts have been applied to the quoted premium rates for the non-refund benefits, please provide the level of these discounts. Please also confirm the period over which it is intended that these marketing discounts will be phased out. 12. For the EHC and dental benefits, please confirm that EHC will be underwritten on the current basis: Insured, . non-refund accounting including $10,000 stop loss applicable to drug, dental accident and private duty nursing. 13. Please detail your terminal provisions with respect to IBNR's 14. Confirm your float requirements on an ASO funded program. 15. Confirm booklet and amendment charges. e 16. Your quoted rates should include a booklet allowance. Please confirm the per booklet allowance available to Clarington. 1415 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REQUEST FOR PROPOSAL FOR THE PROVISION OF EMPLOYEE GROUP BENEFITS - PROVIDER SERVICES e 17. 18. 19. 20. 21. 22. Please confinn a 60 day premium grace period will apply for all coverage, during which time, premiums may be remitted without interest charges. Please detail any wellness products I services which are available within your quoted EHC charges. Please include reference to online, in-person (seminar) services and products. Please confinn you will agree to "grandfather" all existing amounts of life, dependent life and AD&D insurance. Please advise whether you are prepared to offer any amounts of optional life insurance, without evidence of insurability. If so, please advise of any specific requirements that may apply. Please confinn the highest available basic life non-evidence maximum and the highest available overall maximum, within your quoted rate. Due to the increasing cost of salaries (as negotiated by collective bargaining or otherwise) and Clarington's desire to fully insure its employees at sufficient levels to cover their changing salaries, the current non-evidence and overall maximum are insufficient to meet the needs of the non-affiliated and Mayor I Council divisions. Clarington is interested in obtaining the highest available overall maximum and eliminating the non-evidence maximum requirement. Please confirm your highest available overall maximum and associated rate adjustment. Note, Clarington is wllllno to consider entering into a minimum 4 year agreement with the selected carrier, in exchange for this provision. e 23. Please confinn your breakeven loss ratio for life, health and dental, and L TO benefits (inclusive of all fees with premium tax). 24. Please confirm you will agree to "grandfather" all existing amounts of long term disability insurance. 25. Please confinn the highest available L TO non-evidence maximum and the highest available overall maximum, within your quoted rate. 26. Similar to question #21 above, the current non-evidence and overall maximum are insufficient to meet the needs of the non-affiliated division. Clarington is interested in obtaining the highest available overall maximum and eliminating the non-evidence maximum requirement. Please confirm your highest available overall maximum and associated rate adjustment. 27. Please confirm the availability of a dedicated disability service team. 28. Please describe your company's quality assurance and fraud prevention policies and processes. 29. Please confinn your company can continue to accommodate the current administration arrangements (self- administered, head office-billed). Please confinn your ability to electronically provide monthly premium statements in excel format. 30. Please advise from which of your offices this account would be serviced. 31. From what location(s) would claims be paid? Please specify by line of benefit. 32. What is your company's current average tumaround time for the payment of claims? Please specify by line of benefit. 33. Please confirm your company's ability to provide the following employee services. Our expectation is that the following services are included as part of your companies group benefits offering, however if separate charges apply, please confinn. e . 1-800 claims and service call centre. Please confinn the hours of operation for your call centre. . Availably of interactive voice response (IVR) . Availability of online member services . Direct deposit 1416 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REQUEST FOR PROPOSAL FOR THE PROVISION OF EMPLOYEE GROUP BENEFITS - PROVIDER SERVICES e . Online claims history review . Member electronic claims submission 34. Please describe the availability of your company's web-based administration system for employers. Please confirm employer system requirements. e 35. Confirm availability/access to create/request ad-hoc reports for all benefit lines as required (self-service online). 36. Confirm your company is able to maintain employee mailing addresses. 37. Please confirm that you will provide the fol!owing information on an annual basis, or as required, by employee group classification: a. for all benefits, including all pooled aspects of the EHC coverage, a summary of paid claims, and; b. for life benefits, a listing by certificate of all paid claims and waiver of premium claims, including the amount of waiver of premium reserves, by individual, and; c. for long term disability, a listing by certificate of paid claims, including the amount allocated as disabled life reserves, by individual, and d. for life and L TO, a comparison of the age banded distribution of volumes between the current and prior policy years, and; e. for EHC and dental benefits, detailed claims listings indicating the following information: 1. paid claims for employees, dependents and totals per certificate. 2. paid claims categorized by service type f. For EHC, cpmpleted detailed drug utilization reporting, including top 100 DINs by cost and number of scripts paid and top 25 disease state categories. 38. Please confirm that your company will provide quarterly reports, which illustrate paid premium and paid claims for each of the benefits provided. 39. Please provide details of your ability to provide meaningful ad-hoc claim management reporting, as maybe requested for bargaining purposes. Please include information on the ability to provide such reports and associated costs. 40. If the claims experience for the life and long term disability benefits is to be considered in the renewal rate setting, please confirm the quarterly claims experience will include a listing of the individuals for whom waiver of premium and L TO claims have been approved and which includes the waiver of premium and disabled life reserves that have been established for those claimants. 41. 42. 43. 44. 45. 46. e Please confirm your availability to meet with Clarir'!gton on a regular basis. Please confirm you have provided a transition timetable as requested, based on a February 1, 2009 effective date. Please confirm the availability ofa dedicated transition team to ensure the successful transfer of all benefits. Please confirm your company is able to prepare and distribute all employee communications, as required by Clarington. Please confirm your. company is able to accommodate / provide employee information sessions at various locations, as required by Clarington. Clarington is interested in time-saving and cost effective solutions to transitioning the benefits program. Please describe your requirements, in terms of transfer of employee data and claims data, which will assist Clarington in smoothly transitioning the benefits program to your company (I.e. transfer of vision maximums and electronic employee data download). 1417 e e e THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REQUEST FOR PROPOSAL FOR THE PROVISION OF EMPLOYEE GROUP BENEFITS - PROVIDER SERVICES 47. Please confirm your commitment to deliver all documentation and training prior to the effective date of coverage. Please outline additional services that your firm can offer on an ad-hoc basis. These could include but not be limited to independent medical exams, adjudication of a short term disability absence, etc. 1418 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5th, 2010 Resolution#: By-laW#: N/A Report#: COD-039-10 File#: Subject: CO-OPERATIVE TENDER T -530-2010 ARMOURED CAR SERVICES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-039-10 be received; 2. THAT the G4S Cash Solutions (Canada) Ltd., Toronto, Ontario, with a bid price of $ 47,623.68 (netHST rebate) for the first year being the lowest responsible bidder meeting all terms, conditions and specifications of Co-operative Tender T-530-2010 be awarded the contract for the provision of Armoured Car Services for a one year term; 3. THAT upon expiry of the first year of the contract that the contract be extended for up to four additional one year terms, pending satisfactory pricing and service; 4. THAT the funds be drawn for the respective year's Finance Department's operating budget; and 5. THAT all interested parties listed in Report COD-039-10 be advised of Council's decision. Reviewed by: o~~ ~ Submitted by: arie Marano, H.B.Sc., Director of Corporate Servi s Franklin Wu, C.M.O. Chief Administrative Officer MM\JDB\sm\km CORPORATION OF-THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1419 REPORT NO.: COD-039-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 Tenders were called on a co-operative basis by the Town of Whitby, which included the Armoured Car Service requirements for the Municipality of Clarington. 1.2 The tender was publically advertised and called by the Town of Whitby for the provision of Armoured Car Services as required by the co-operative agencies. 1.3 The contract resulting from this tender will cover the provision of armoured car services for a one year term with the option to extend for up to four additional one year terms. 1.4 The pricing received is firm for the first year of contract. The contractor has the option to request pricing increase on the renewal of the contract to allow for CPI cost adjustments. 2.0 ANALYSIS 2.1 A total of three (3) submissions were received in response to the tender call. One submission was non-compliant for qualifying their bid submission. Two submissions were deemed compliant and acceptable. 2.2 The two (2) complaint tenders were reviewed and tabulated as shown below. G4S Cash Solutions (Canada) Ltd. Toronto, ON Garda Cash In Transit Corporation Toronto, ON $ 263,495.31 $ 57,148.42 $ 47,623.68 * $ 265,716.53 $ 55,494.82 * NOTE: This revised price reflects the change in service level to bring it equivalent to the level of service currently being received by the Municipality. 1420 REPORT NO.: cOD-039-10 PAGE 3 2.3 The tender was written to award to one contractor with the lowest overall total bid, therefore the recommendation from the Town of Whitby was for all participating agencies to award to G4S Cash Solutions (Canada) Ltd. 2.4 After further review and analysis of the compliant bids by the Finance Department, Community Services and Purchasing, it was mutually agreed that the low overall bidder, G4S Cash Solutions (Canada) Ltd., Toronto, ON, be recommended for the contract for Armoured Car Services. 2.5 The low bidder has provided services to the Municipality in the past and is the current provider of these services. G4S Solutions (Canada) Ltd., Toronto, ON has provided satisfactory service to the Municipality. 2.6 Queries with respect to department needs, specifications, etc., should be referred to the Director of Finance. 3.0 FINANCIAL 3.1 Based on the requirements noted within the tender documents the annual cost for the Municipality has been estimated at $ 57,148.42. However, by adjusting the level of service to bring the service equivalent to that which the Municipality of Clarington currently receives, the cost for the Municipality for the first year of this contract would be reduced to approximately $ 47,623.68 (net HST rebate). 3.2 Based on the pricing of the current contract and equivalent service, the Municipality of Clarington is expected to see a savings of approximately four percent (4%). 3.3 The required funds for these services will be drawn from the respective year's Finance operating budget. 1421 REPORT NO.: cOD-039-10 PAGE 4 4. INPUT FROM OTHER SOURCES 4.1 The Director of Finance has reviewed the funding requirements and concurs with the recommenqation. 4.2 This report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments. 1422 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5,2010 Resolution#: By-laW#: Report#: COD-040-10 File#: Subject: CL2010-5, SURFACE ASPHALT, VARIOUS LOCATIONS RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-040-10 be received; 2. THAT Ashland Paving Limited, Concord, Ontario, with a total bid in the amount of $369,595.29 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL201 0-5, be awarded the contract for Surface Asphalt, Various Locations, as required by the Engineering Department; 3. THAT the funds required in the amount of $418,900.00 (i.e., which includes $369,595.29 for tendering and a ten percent contingency amount and materials testing) be drawn from the Engineering Department Capital Budget Accounts, as follows: Account Project Budget Amount 110-32-330-83272-7401 Beech Avenue $ 20,100.00 110-32 -330-83233-7 401 Hunt StreeUAlbert Street $ 108,700.00 110-32-330-83211-7401 Church Street (Bowmanville) $ 26,100.00 110-32-330-83286-7401 St. George Street $ 13,500.00 110-32-330-83291-7401 Elgin Street $ 70,200.00 110-32-330-83264-7401 Baldwin Street $ 44,500.00 110-32-330-83290-7401 Church Street (Newcastle) $ 44,400.00 110-32-330-83298-7401 Longworth Avenue $ 70,000.00 110-32-330-83212-7401 Ovens Road $ 21.400.00 Total Funds Required $ 418.900.00 1423 REPORT NO.: COD-040-10 PAGE 2 4. THAT the By-law attached to Report COD-040-10 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: $~- Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services Reviewed by:d ~~ Franklin Wu, Chief Administrative Officer MM\JDB\bh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1424 REPORT NO.: COD-040-10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by the Engineering Department for the Surface Asphalt, Various Locations. 1.2 Tender CL201 0-5 Surface Asphalt, Various Locations was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were reviewed and tabulated as per the memo from the Engineering Department, Schedule "B" attached. 2.0 . ANALYSIS 2.1 A total of three (3) submissions were received in response to the tender call. All submissions were deemed compliant. 2.2' After further review and analysis of the compliant bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Ashland Paving Limited, Concord, Ontario be recommended for the contract for the Surface Asphalt, Various Locations. A copy of the recommendation memo from the Department of Engineering is attached as Schedule "B". 2.3 The low bidder has not provided services to the Municipality in the past. References have been checked and Ashland Paving Limited, Concord, Ontario, has completed a number of projects of similar scope and value. Ashland Paving Limited has completed work for the City of Toronto, York University and the City of Barrie. All references were satisfied with work completed by Ashland Paving Limited and would recommend them for similar projects. 2.4 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 1425 REPORT NO.: COD-040-10 PAGE 4 3.0 FINANCIAL 3.1 The total project cost is $418,900.00 (Le., which includes $369,595.29 for tendering and a ten percent contingency amount and materials testing). The funding required for the project is outlined in the memo from Engineering Services attached as Schedule "B". 3.2 Funding for this project will be drawn from the following accounts: Department and Account Number Engineering Department - Capital Budget Account 110-32-330-83272-7401 110-32-330-83233-7401 11 0-32 -330-83211-7 401 110-32-330-83286-7401 110-32-330-83291-7401 110-32-330-83264-7401 110-32-330-83290-7401 110-32-330-83298-7401 11 0-32 -330-83212 -7 401 4.0. CONCLUSION Project Beech Avenue $ Hunt Street/Albert Street $ Church Street (Bowmanville) $ St. George Street $ Elgin Street $ Baldwin Street $ Church Street (Newcastle) $ Longworth Avenue $ Ovens Road $ Budget Amount 20,100.00 108,700.00 26,100.00 13,500.00 70,200.00 44,500.00 44,400.00 70,000.00 21.400.00 Total Funds Required $ 418.900.00 4.1 To award the contract to Ashland Paving Limited, Concord, Ontario for Contract CL2010-5 Surface Asphalt, Various Locations. 5.0 INPUT FROM OTHER SOURCES 5.1 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. 1426 REPORT NO.: COD-040-10 PAGE 5 5.2 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Engineering Attachments: Attachment 1 - Schedule "A", By-law Attachment 2 - Schedule "B", Memo from Engineering SerVices 1427 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ashland Paving Limited, Concord, Ontario, to enter into an agreement for Surface Asphalt, Various Locations. 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, Ashland Paving Limited, Concord, 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 ,2010. By-law read a third time and finally passed this day of ,2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1428 SCHEDULE "8" cm&ron MEMO TO: Jerry Barber, Purchasing Manager FROM: Ron Albright, Manager, Infrastructure and Design DATE: June 25, 2010 RE: SURFACE ASPHALT CONTRACT, CL2010-05 Tenders for the above project were opened at the Municipal Offices on Thursday June 15, 2010 at 2:00 p.m. A summary of the bids as received from Purchasing is provided in the table below. BIDDER TOTAL BID TOTAL BID (excluding HSn (includina net HSn Ashland Paving Limited $363,202.92 $369,595.29 Concord, ON Coco Paving Incorporated $455,460.96 $463,477.07 Oshawa, ON Miller Paving Limited $488,997.32 $497,603.67 Whitby, ON The scope of the project deals with placing the surface lift of asphalt on recently constructed roads that have been left at base asphalt for the past few years to allow for any minor settlement which typically occurs with most road construction involving the installation of underground infrastructure within the roadway. The total project costs based on Ashland Paving Limited's iow bid are shown on the attached Cost Apportionment. The estimated total project cost is $418,900.00 which includes a 10% contingency amount, materials testing and the Municipality of Clarington's net HST amount. It should be noted that the contract preparation, tendering and contract administration for this project will all be completed with Municipal Staff. The Engineering Services Department has reviewed the reference check provided by your department and concurs with your recommendation to award Contract CL2010-05 to Ashland Paving Limited in the amount of $363,202.92 (exclusive of H.S.T.) which 1429 amounts to $369,595.29 including our net HST commitment. This tendered value is lower than the capital budget allocations approved by Council. Due to past experiences on similar projects, a contingency amount of approximately 10% is carried forward. The Engineering Department advises the following breakdown for the above referenced project: Project Breakdown Total Project Value $ 418,900.00 Budget Amount Beech Avenue 110-32-330-83272-7401 $ 20,100.00 Hunt StlAlbert St 110-32-330-83233-7401 $ 108,700.00 Church Street (Bowmanville) 110-32- 330-83211-7401 $ 26,100.00 St George Street 110-32-330-83286-7401 $ 13,500.00 Elgin Street 110-32-330-83291-7401 $ 70,200.00 Baldwin Street 110-32-330-83264-7401 . $ 44,500.00 Church Street (Newcastle) 110-32-330-83290-7401 $ 44,400.00 Longworth Ave Ext 110-32-330-83205-7401 $ 70,000.00 Ovens Road 110-32-330-83212-7401 $ 21,400.00 Estimated Unexpended Budget $ 140,500.00 Additional Funding Required $0 We recommend the report to Council move forward based on the above funding allocations and as further detailed on the attached cost apportionment. Should you have any further questions, please feel free to contact the undersigned. Rf-S'~ Ron Albright, P. Eng. Manager, Infrastructure and Capital Works RAfra Attachment Cc: Nancy Taylor, Director of Finance AS. Cannella, Director of Engineering Services 1430 ~ REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution#: By-laW#: Report#: COD-041-10 Flle#: Subject: TENDER CL2010-24, PAVEMENT REHABILITATION, VARIOUS LOCATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-041-10 be received; 2. THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of $1,215,353.51 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL201 0-24 be awarded the contract for Pavement Rehabilitation, Various Locations, as required by the Municipality of Clarington, Engineering Department; 3. THAT the funds required in the amount of $1,500,000.00 (which includes $1,215,353.51 for tendering, design, contract administration and contingencies) be drawn from the Accounts, as follows: Account 110-32-330-83212-7401 11 0-32 -330-86212 -7 401 110-32-330-83212-7401 Project 2008 Pavement Rehabilitation 2009 Pavement. Rehabilitation 2010 Pavement Rehabilitation Total Funds Required Budget Amount $100,000.00 $490,000.00 $910,000.00 $1.500.000.00 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1431 REPORT NO.: COD-041-10 PAGE 2 4. THAT the By-law attached to Report COD-041-10 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Marie Marano, H.B.Sc., C.M.O., Director of Corporate Services Reviewed by:d~~ Franklin Wu, Chief Administrative Officer MM\JDB\bh 1432 REPORT NO.: COD-041-10 PAGE 3 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by AECOM Canada Ltd. for the Pavement Rehabilitation, Various Locations. 1.2 Tender CL2010-24 Pavement Rehabilitation, Various Locations was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were reviewed and tabulated as per Schedule liB" attached. 2.0 ANALYSIS 2.1 A total of two (2) submissions were received in response to the tender call. All submissions were deemed compliant. 2.2 Based on the bids submitted, the project cost is in excess of the budget amount. In order to bring the cost within the budget limit and allow for a contingency Part J - Solina Road has been deleted from the schedule of work. This change was applied consistently to all bids submitted and the bid submitted by Coco Paving Inc. remains the low compliant bid. 2.3 After further review and analysis of the compliant bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Coco Paving Inc., Oshawa, Ontario be recommended for the contract for the Pavement Rehabilitation, Various Locations. A copy of the recommendation memo from the Department of Engineering is attached as Schedule "C". 2.4 The low bidder has provided similar services to the Municipality of Clarington in the past and the level of service has been satisfactory. 2.5 The references were contacted by AECOM and were found to be acceptable. 1433 REPORT NO.: COD-041-10 PAGE 4 2.6 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 3.0 FINANCIAL 3.1 The total project cost is $1,215,353.51 (net of H.S.T. Rebate). The funding required for the project is outlined in the memo from Engineering Services attached as Schedule "B", 3.2 Funding for this project will be drawn from the following Engineering Accounts: Account 110-32-330-83212-7401 110-32-330-86212-7401 11 0-32 -330-83212 -7401 Project 2008 Pavement Rehabilitation 2009 Pavement Rehabilitation 2010 Pavement Rehabilitation Total Funds Required Budaet Amount $100,000.00 $490,000.00 $910.000.00 $1.500,000.00 4.0 CONCLUSION 4.1 To award the contract to Coco Paving Inc., Oshawa, Ontario for the Pavement Rehabilitation, Various Locations. 5.0 INPUT FROM OTHER SOURCES 5.1 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. 5.2 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Engineering 1434 REPORT NO.: COD-041-10 PAGE 5 Attachments: Schedule "A", By-law Schedule "B", Bid Tabulation Schedule "C", Memo from Engineering Services 1435 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being. a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Coco Paving Inc., Oshawa, Ontario, to enter into an agreerrient for Pavement Rehabilitation, Various Locations. 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, Coco Paving Inc., Oshawa, 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 ,2010. By-law read a third time and finally passed this day of ,2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1436 Cl~#]glon Municipality of Clarington SCHEDULE "8" BID SUMMARY Tender CL201 0-24 Pavement Rehabilitation, Various Streets BIDDER TOTAL BID REVISED BID (Net of HST Rebate) (Net of HST Rebate) Coco Paving bSHAWA, Ontario $1,349,020.71 $1,215,353.51 Miller Paving Limited MARKHAM, Ontario $1,382,093.99 * $1,257,356.79 *Calculation Error 1437 SCHEDULE "C" a. NJl]glOO MEMO TO: FROM: Jerry Barber, Purch~sing Manager Ron Albright, Manager, Infrastructure and Capital Works DATE: June 25, 2010 RE: PAVEMENT REHABILITATION, VARIOUS LOCATIONS, CL2010-24 Our File: CPR.2010.1 The Engineering Services Department has reviewed the recommendation provided by AECOM and offers the following comments. We concur with the recommendation to award the contract to Coco Paving Inc. but due to a budget shortfall further recommend that Part J: Solina Road be deleted from the contract resulting in an amended tender amount of $1,194,333.24 exclusive of HST for the Pavement Rehabilitation program which includes 2010 and carry over from the 2009 program. The amended contract amount inclusive of net HST is $1',215,353.51. A contingency amount of approximately 10% is carried forward for the project based on previous years. With the deletion of Part J the total project costs are estimated at $1,500,000.00, . inc~uding design, tender and contract administration fees as well as materials testing. The engineering department advises the following Municipal breakdown for the above referenced pr~ject with the deletion of Part J: Solina Road; Project Breakdown Total Project Value $ 1,500,000 Budget Amount 2008 Pavement Rehabilitation 110-32-330-83212-7401 $ 100,000.00 2009 Pavement Rehabilitation 110-32-330-83212-7401 $ 490,000.00 2010 Pavement Rehabilitation 110-32-330-83212-7401 $ 910,000.00 Estimated Unexpended Budget $1,500,000.00 Additional Funding Required $0 1438 ., . f' Pav~;.~(n<0f(1 Fenar)llit::lt!Oil SCHEDULE "C. June 25, 2010 '/arious LOGa~io!.)s CPR,.!;)11,} 1 2. We recommend the report to Council move forward based on the above funding allocations and as further detailed on the attached cost apportionment. Should you have any further questions, please feel free to contact the undersigned. Regards, /f2 Ron Albright, P. Eng. Manager, Infrastructure and Capital Works Idv Attachment Pc: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services I "Enqf\drniniME~jl0S20'1 OlAlbnght\06 2510. PavementRehab. VariollsLocations CL20 1 0.05. CPR.20 1 0 1 .rJoe 1439 t A:COM AECOM 513 Division Street Cobourg, ON. Canada K9A 5G6 www.aecom.com SCHEDULE "C" 9053722121 tel 905 372 3621 fax June 25, 2010 Mr. A. S. Cannella, C.E.T. Director, Engineering Services The Municipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L 1 C 3A6 Dear Sir: Project No: 112446 Regarding: Pavement Rehabilitation, Various Streets, Contract No. CL2010-24 (the "Contract"), Municipality of Clarlngton Tenders for the above project were opened at the Municipal Offices on June 24,2010 at 2:15 p.m. A list of the bids received is provided in the table below. All numbers are exclusive of HST. .... ",":,,.',,,., . BIDDER , c, '" .... ",.' TOTAl;, BIP ." .. ". Coco Paving Inc. $1,325,688:59 Oshawa, ON Miller Paving Ltd. $1,358,189.85* Markham, ON * Extension Error The Municipality of Clarington's Purchasing Department (the "Purchasing Department") reviewed both bids to confirm compliance with the Clarington Purchasing By-Law and both bids were deemed compliant. AECOM Canada Ltd. ("AECOM") has reviewed both bids and confirmed the bid values noted above. Coco Paving Inc. is the lowest bidder. Its submitted tender has been reviewed and was confirmed to be compliant. The bid from Miller Paving Ltd. had an extension error in the amount of $180.00. This does not affect the bid order. Coco Paving Inc. has completed several projects for the Municipality of Clarington in recent years in which AECOM has provided Contract Administration, including CL2008-25 (2008 Asphalt Resurfacing) and CL2009-18 (Concession Roads 6 & 7, Road and Bridge Rehabilitation). Quality of work and adherence to standards was satisfactory for these projects. As requested by the Purchasing Department, references were checked only for the lowest bidder. Coco Paving Inc. has completed a number of projects of similar scope and value including work for the Region of Durham 112448. tlrlft Ltr To A.S. C.,ne4ll- CL201Q..24 Tender AWlrd Letter.Doc 1440 SCHEDULE"C" AECOM Page 2 June 25. 2010 and City of Oshawa. Staff contacted at the above references stated that Coco Paving Inc. has completed the work to specification and to their satisfaction. Estimated costs for various project components, based on Coco Paving's bid, are summarized on the attached Low Bid Cost Apportionment. With the low bid from Coco Paving Inc., and other associated project costs as noted on the attached Cost Apportionment, the project is over budget by approximately $140,000.00. As a result, the Municipality of Clarington may want to consider removing the Provisional Part 'J' - Solina Road section from this Contract to bring the scope of work within budget. Please note that this revision would not affect the bid order. Should funding be available, it is our opinion, based on the input provided by the references contacted regarding performance on previous projects, that the bid in the amount of $1,325,688.59 (exclusive of HST) may.be awarded to Coco Paving Inc. of Oshawa, Ontario, subject to all provisions of the Clarington Purchasing Bylaw being met. Bid Cheques or Bid Bonds shall be retained for Coco Paving Inc. and Miller Paving Ltd., the second low bidder, until the Contract has been executed. Should you have any questions regarding this matter, please contact the undersigned. Sincerely, AECOM Canada Ltd. W. McCrae, P.Eng. Manager, Cobourg Office will.mccrae@aecom.c<?m WM:cs Ene!. ee: Mr. Ron Albright, P.Eng., Manager of Infrastructure and Capital Works. Municipality of Clarington 112446 - OrBft ltr To A.S. Cannel. - CL2010-24 Tender AWllrd Letter.Doc 1441 , Municipality of Ciarington 2010 Asphalt Rehabilitation SCHEDULE "C" Cost Apportionment based on Low Bid Revised June 24,2010 Contract CL2010-24 AECOM Project # 60119175 (112446) Clarlngton ee8crlptJon Total 2010 Alphalt Comments Rehabilitation Account Number 110-32-330-83212- 7401 Conltructlon Com Contract CL2010-24 Part A Black Creak Trail $ 179.494.25 $ 179,494.25 Part B Windlor Valley Gate $ 39.556.71 $ 39,556.71 Part C Carriage Lane $ 48,327.52 $ 48,327.52 Part 0 Ontario Straet $ 183.852.50 $ 183,852.50 Part E Ontario Straet $ 194,130.98 $ 194.130.98 Part F Hlllllde Drive $ 134.090.80 $ 134,090.80 Part G Hlllllde Court $ 35.207.50 $ 35,207.50 Part H Oavll Court $ 88,614.25 $ 88,614.25 Part I Wlndlor Valley Place $ 124,249.65 $ 124;249.65 Part J Sollna Road $ 131.355.35 $ 131,355.35 Part K Concelllon Road 6 $ 140.809.08 $ 140,809.08 Part L Price Adjustment $ 26.000.00 $ 26,000.00 Total ~onatructlon $ 1,326,688.59 $ 1,326,688.69 Oellgn and Tendering AECOM Project No. 60119176 Up to May 1, 2009 to May 28.2010 $ 21,944.89 $ 21.944.89 Total Oealgn and Tendering $ 21,944.89 $ 21.944.89 Contract Admlnlltratlon and Materlall Teltlng AECOM Project No 60119175 Estimated Costs $ 132,600.00 $ 132.600.00 Total Conltructlon Admlnlltratlon $ 132,600.00 $ 132,600.00 Sub-Total Eltlmated Project COlts $ 1,480,233.48 $ 1,480,233.48 Contlngenclel (10% of Conltructlon Com) $ 132.568.86 $ 132,568.86 Total Eltlmated Project COlta $ 1,612,802.34 $ 1,612,802.34 Municipal Shara of the HST (01.78% - Applied 10 Total Coota oxludlng Doolgn) $ 27.999.09 $ 27,999.09 Final Project Coet $ 1,640,801.43 $ 1,640,801.43 Budget Amount $ 1.500,000.00 $ 1.500.000.00 (Over)/Under Budget Amount (140,801.43) (140.801.43) 1442 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution#: By-laW#: Report#: COD-042-10 Flle#: Subject: TENDER CL2010-22, SQUIRE FLETCHER PARKETTE DEVELOPMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-042-10 be received; 2. THAT Forest Ridge Landscaping Inc., Newmarket, Ontario, with a total revised bid in the amount of $230,010.90 (net of H.ST. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2010-22 be awarded the contract for Squire Fletcher Parkette, as required by the Municipality of Clarington, Engineering Department; 3. THAT the funds required in the amount of $245,000.00 (which includes $230,010.90 (net of HST Rebate) for the tender, and contingencies) be drawn from the Account # 110-32-325-83325-7401. 5. THAT the By-law attqched to Report COD-042-10 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. ~ Submitted by: ~ - Reviewed by: O~6.Jt:t. Marie Marano, H.B.Sc., C.M.O., Franklin Wu, Dire~t~of Corporate Servj s Chief Administrative Officer 1/, ~d' ancy TaYt r, B.B ., C.A., Director of FinancelTreasurer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1443 REPORT NO.: COD-042-10 PAGE 2 MM\JDB\bh 1.0 BACKGROUND AND COMMENT 1.1 Tender specifications were provided by JVF Consulting Inc. Pickering for the Squire Fletcher Parkette Devel~pment. 1.2 Tender CL201 0-22 Squire Fletcher Parkette Development was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were reviewed and tabulated as per Schedule "B" attached. 2.0 ANALYSIS 2.1 A total of seven (7) submissions were received in response to the tender call. All submissions were deemed complaint. 2.2 Based on the bids submitted, the project cost is in excess of the budget amount. In order to bring the cost within the budget limit and allow for a contingency several areas within the tender were either deleted or the quantities revised. The proposed changes were applied consistently to all bids submitted and the bid submitted by Forest Ridge Landscaping Inc. remains the low compliant bid. 2.3 After further review and analysis of the compliant bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Forest Ridge Landscaping Inc., Newmarket, Ontario be recommended for the contract for the Squire Fletcher Parkette Development. A copy of the recommendation memo from the Department of Engineering is attached as Schedule "C", 2.4 The low bidder has not worked for worked for the Municipality in the past. However; they have provided similar service to the Towns of Georgina, East Gwillimbury and Toronto Community Housing. These references were checked and were found to be acceptable. 1444 REPORT NO.: COD-042-10 PAGE 3 2.5 Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 3.0 FINANCIAL 3.1 The total project cost including tender amount and contingency is $245,000. 00. The funding required for the project is outlined in the memo from Engineering Services attached as Schedule "C". 4.0 CONCLUSION 4.1 To award the contract to Forest Ridge Landscaping Inc. Newmarket, Ontario for the Squire Fletcher Parkette Development. 5.0 INPUT FROM OTHER SOURCES 5.1 The Director of Finance has reviewed the funding requirements and concurs with the recommendation. 5.2 This report has been reviewed by the Purchasing Manager, with the appropriate department and circulated as follows: Concurrence: Director of Engineering Attachments: Schedule "A", By-law Schedule "B", Bid Tabulation Schedule "C", Recommendation Memo from Engineering Services 1445 Schedule "A" THE CORPORATION 01= THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Forest Ridge Landscaping Inc., Newmarket, Ontario, to enter into an agreement for the Squire Fletcher Parkette Development. 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, Forest Ridge Landscaping Inc., Newmarket, 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 By-law read a third time and finally passed this day of Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ,2010. ,2010. 1446 a~.n Schedule liB" SUMMARY OF BID RESULTS TENDER CL2010-22 SQUIRE FLETCHER PARKETTE BIDDER TOTAL BID REVISED BID (Net of HST (Net of HST Rebate) Rebate) Forest Ridge Landscaping Inc. Newmarket, ON $242,037.14 $230.010.90 Peninsula Construction Inc. Fonthill, ON $256,187.22 $239,241.86 Rutherford Contracting Ltd. Gormley, ON $259,016.42 $247,155.97 Royalcrest Paving Ltd. Toronto, ON $264,108.31 $251,455.27 Hawkins Contracting Markham, ON $277,991.02 $266,805.56 Ron Robinson Ltd. Bowmanville, ON $314,477.07 $304,344.83 Joe Pace & Sons Toronto, ON $401,768.41 $364,472.48 1447 CJNil!gton SCHEDULE "C" MEMO TO: Jerry Barber, Purchasing Manager FROM: Peter Windolf, Park Development Manager DATE: June 25,2010 SUBJECT: Squire Fletcher Parkette Construction Tender CL2010-22 The Engineering Services Department has reviewed the low bid by Forest Ridge Landscaping and offers the following comments: In 2010 the Municipality approved $245,000 for the construction of Penwest Parkette (now known as Squire Fletcher Parkette). We recommend award of the contract to Forest Ridge Landscaping in the amount of $230,010.90 (net of H.S.T. rebate) for the park development project. Forest Ridge Landscaping has never worked for the Municipality before but based on your review of their references I am satisfied they will. be able to complete the project to our satisfaction. A contingency amount of approximately 6.5% is carried forward. Construction inspection and contract a.dministration will be done by municipal staff. The Engineering Services Department advises the following breakdown for the above referenced project: Proiect Breakdown Total Project Value $230,010.90 contract award $14,989.10 contingency allowance 2010 Approved Budget Amount $245,000 Penwest Parkette Construction 11032325833257401 Surplus or deficit $0 1448 Squire Fletcher Parkette Construction CL2010-22 2 June 25,2010 Should you have any questions, please feel free to contact me. Regards, ~~~r- PeterWindolf, GALA, CSLA Manager Park Development Attachment Cc Nancy Taylor, Director of Finance Tony Cannella, Director of Engineering CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 1449 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution#: By-laW#: Report#: COD-043-10 File#: Subject: INFORMATION REPORT CLARINGTON OLDER ADULT ASSOCIATION - MEMORANDUM OF UNDERSTANDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-043-10 be received; 2. THAT Council authorize the use of the vacated space and use of the entire building by the Clarington Older Adult Association; and 3. THAT staff report back to Council with the finalized Memorandum of Understanding or By-law as appropriate. Submitted by: a Reviewed by: d ~..:::, ~ Franklin Wu, Chief Administrative Officer arie Marano, H.B.Sc., C.M.O., Director of Corporate Services MM\JDB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1450 REPORT NO.: COD-043-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 In 2001 at the time the Clarington Beech Centre Board was established, now known as the Clarington Older Adult Centre Board (also referred to as COAA or COAC), Council approved a by-law to provide for the establishment, maintenance and operations of the Beech Centre as a Community Recreation centre pursuant to the Community Recreation Centres Act. 1.2 At the same time as the Board was being established a Memorandum of Understanding (MOU) was established addressing a number of principles as set out in Report #FND-011-01 attached as Schedule "A". 1.3 The provisions of the Memorandum of Understanding ended on September 30, 2008 save and except clauses 2(a), 2(b) and 3(a). Clauses 2(a) and 2(b) deal with the removal of fixtures, equipment and personal property from the premises and the rights and duties respecting the Associations fixtures, equipment and personal property. Clause 3(a) deals with the indemnification of the Municipality by the Association against all liabilities, actions claims and proceedings etc. All three clauses survive the expiration of the lease and remain in force. A copy of the Memorandum of Understanding is attached as Schedule "B". 2.0 ANALYSIS 2.1 In view of the expiry of the MOU and in consideration of the roles and responsibilities of the Clarington Older Adult Centre Board and that of the Municipality in the operation and maintenance of the Beech Centre it is appropriate that the arrangements be documented. 2.2 Introduction of a new MOU for COAA may be amended to a by-law format to be consistent with the By-law governing the Board of Management for the Museum and for the Boards' operation of the Museums on behalf of the Municipality. 1451 REPORT NO.: COD-043-10 PAGE 3 2.3 The original MOU included the leases in place for the Lions Club Nursery School and Community Care Durham. However, these leases have expired and the tenants have moved out of the Beech Centre. In keeping with the original MOU the COM has been advised of the space availability and has indicated their need for the vacated space now available on the first and second floor of the building. The new MOU will address the remaining lease with the Tennis Club and the usage of the vacated space. 2.4 The proposed document or Memorandum of Understanding will reference policies and procedures, set out liability, staffing etc. and will provide a reference for new board members and staff as time passes. 2.5 Preparation of the document will be undertaken by a committee consisting of representatives from Corporate Services, Operations, Community Services and Finance Departments and the Clarington Older Adult Association (COM). 3.0 FINANCIAL 3.1 There are no financial implications to the establishment of the MOU except for the staff time required to draft the document. 4.0 INPUT FROM OTHER SOURCES 4.1 The Directors of Finance, Corporate Services, Operations, the Community Services Liaison to the COACB, the Acting Chairman of the COACB, the Executive Director of the Beech Centre and the Manager of Purchasing have attended an initial meeting to discuss the need for the MOU and will participate in the drafting of the MOU. 1452 REPORT NO.: COD-043-10 PAGE 4 5.0 CONCLUSION 5.1 Staff will undertake the review of the operations and relationship between the Municipality and the Clarington Older Adult Association and prepare a Memorandum of Understanding to document the operation and maintenance requirements of the Clarington Beech Centre, subject to ongoing review and revision as required. 5.2 The MOU or by-law as appropriate be prepared and presented to Council for review and approval. 5.3 This report has been reviewed by the Purchasing Manager and circulated as follows: Concurrence: Director of Corporate Services Director of Finance Director of Operations Director of Community Services Attachments: Schedule "A", Report FND-011-01 Schedule "B", Memorandum of Understanding (2001) 1453 Schedule "A" ClNilJgWn REPORT FINANCE DEPARTMENT Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Resolution #:0PA-~tJ()--o I Meeti ng: Report #: MONDAY, DECEMBER 3, 2001 File #: [07 By-Law #: FND-011-01 Subject: ESTABLISHMENT OF CLARINGTON BEECH CENTRE BOARD Rec;ommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND~011-01 be received; 2. THAT Council approve a By-Law to provide for the establishment, maintenance and operations of the Beech Centre as a community recreation centre pursuant to the Community Recreation Centres Act and that the appropriate By-Law be passed (to be forwarded directly to Council); 3. THAT Council appoint Donald Welsh, Viola Ashton, Maurice Richards, Janice Williams and Jack Eilbeck, as members of the committee of management of the Beech Centre Community Recreation Centre; 4. THAT the Municipality continue to be responsible for Capital Improvements through the annual Capital Budget process and maintenance of the building envelope and the Clarington Beech Centre Hall Board be responsible for the operation of the Centre pursuant to'the Memorandum of Understanding; 5. THAT Council approve the acceptance by the Municipality of the surrender of the lease between the Corporation of the Municipality of Clarington and the Clarington Older Adult Association (COM) dated October 1, 1998, and pass the appropriate By-Law (to be forwarded directly to Council); 6. THAT Council approve the execution of a Memorandum of Understanding between the Municipality of Clarington and Clarington Older Adult Association, containing terms consistent with the principles set out in Section 8.0 of this report, as well as such other terms, as are considered necessary by the Chief Administrative Officer, to protect the Municipality's interests and that the attached By-Law authorizing the Mayor and the Municipal Clerk to execute the 1454 Schedule "Au REPORT NO.: FND-011-01 PAGE 2 Memorandum on behalf of the Municipality, be passed (to be forwarded directly to Council); and 7 . THAT a copy of this report be sent to: . Clarington Older Adult Association; . The Lions Club of Bowmanville; . The Bowmanville Tennis Club; and . Durham Region Community Care Association. Submitted by: Reviewedby:O~~ Franklin Wu Chief Administrative Officer NT/DH/hjI 1455 Schedule "A" REPORT NO.: FND-011-01 PAGE 3 BACKGROUND 1.0 Purchase of Beech Centre from the Lions Club of Bowmanville 1.1 The property on which the Beech Centre is located was acquired by the Municipality from the Lions Club of Bowmanville ("Lions Club") in early 1998. The title transferred to the Municipality was encumbered, among other things, by a lease which the Lions Club had made to the Bowmanville Tennis Club in 1988 ("Tennis Courts Lease"). This lease was of the tennis courts and the area enclosed by the immediately surrounding fence. The term of the Tennis Courts Lease expires on January 1, 2008, however, it may be terminated earlier, by either party on one year's notice. Rent is payable yearly. The amount of the rent on January 1, 1992 was $1,000. The rent is to be adjusted annually by reference to the Consumer Price Index (all items). 1.2 Subsequent to the completion of the purchase from the Lions Club, the Municipality proceeded to renovate and add to the then existing building to make it suitable for use as the Older Adult Centre, as provided for in the 1997 Capital Budget. 1.3 As a result of insurance considerations from the Municipality's insurance provider at the time, as well as considerations relating to Ministry of Municipal Affairs and Housing, the Clarington Older Adult Association (COM) was formally incorporated as a non~profit company and undertook to operate the facility and programs, on behalf of the Municipality. This was formalized through the establishment of a lease with COAA, which included the parameters under which they would provide this service to the residents of Clarington. 1.4 The solicitor has advised that it would be prudent at this time to clarify the position of the Clarington Beech Centre by establishing it as a Community Recreation Centre, under the Community Recreation Centres Act. It would be maintained and operated by a committee of management ("hall board"), appointed by Council. This change would require the surrender of the lease by Clarington Older Adult Association. The Association would obtain occupancy permits from the hall board, to allow the Association to occupy portions of the Beech Centre. This would resolve the assessment status respecting the portion of the Beech Centre leased to the Association. Properties which are owned and occupied by the Municipality or a local board of the Municipality are exempt from assessment and municipal, regional and education taxation. The community recreation centre board of management of the Beech Centre would be a local board of the Municipality. 2.0 Head Lease to Clarington Older Adult Association 2.1 A lease ("Head Lease") was made by the Municipality to the Clarington Older Adult Association, effective as of October 1, 1998. The premises that were leased included interior areas of the building and exterior areas of the property shown on plans attached to the Lease. The leased premises excluded the structure of the building, exterior walls, bearing walls, fenestration and doors, as well as mechanical systems, the heating and ventilation system, and electrical and plumbing systems. The Head Lease is subject to the outetanding Tennis Courts Lease to the Bowmanville Tennis Club. 1456 Schedule "A" REPORT NO.: FND"()11-01 .PAGE4 2.2 The Head Lease provides that: . the term of the lease is ten years commencing on October 1, 1998. The tenant has the option to renew for a further five years on two occasions, for a total of an additional ten years; . the premises are to be used for the purposes of a social and activity centre for older adults who are residents of the Municipality; however the tenant can license any person to use the usocial facilities" whether or not the licensees are older adults, for a fee; · the Municipality is not responsible for any of the tenant's costs, etc. in respect of persons employed under employment contracts made by the tenant; · the ubasic rent" is $2.00 for the term of the lease and renewals; however, "additional rent" including municipal, regional and education taxes, if any, and utilities are the tenant's responsibility and if not paid by the tenant, are payable to the Municipality as rent so that non.payment of any of them can result in the termination of the lease; · the Municipality has the duty to repair the premises while the tenant is responsible for heating, keeping the premises in a clean condition, snow removal, maintenance of the gardens and waste removal; · the tenant must obtain and maintain contents and general liability insurance at its cost; · sub-leases of the .premises and an assignment of the lease require the prior consent of the Municipality which may be unreasonably withheld; · sub-leases and licenses of portions of the premises to the Durham Region Community Care Association rDurham Community Care") and the Lions Club to be made by the tenant are consented to by the Municipality up-front in the lease; · the Tennis Courts Lease is assigned to the Clarington Older Adult Association. with the result that the rent to be paid under that lease is paid to the Association for its use; and · the lease also contains extensive provisions respecting the financial affairs of the tenant, and reports, including an auditors report, which are required to be made to the Municipality at specified times. 3.0 Sub-Leasees at Beech Centre 3.1 Staff have met with a representative of Durham Community Care, the Lions Club and the Bowmanville Tennis Club. They have been updated as to their potential assessment status for 2002. They have also been advised that if they are a registered eligible charity, there is a rebate program established under Section 442.1 (1) of the Municipal 1457 Schedule "A" REPORT NO.: FND-011-01 PAGE 5 Act and Region of Durham By-Law #46-2001. Registered charities in any of the industrial or commercial property tax classes are eligible for a property tax rebate equal to 40% of the property taxes paid. The groups have been provided with copies of the application forms. 3.2 Sub-lease and License to Lions Club The sub-lease and license by the Clarington Older Adult Association to the Lions Club, which the Municipal consented to in the Head Lease, was made as of October 1, 1998. The premises sub-leased to the Lions Club comprise of the Day Nursery Facilities and a storage room on the second floor of the building. The license to the Lions Club includes the non-exclusive use of the Billiard Room on specified days and certain other portions of the building, for not more than twenty-four dinner meetings of the members of the Lions Club plus twelve meetings of the directors of the Club and ten meetings of the Executive Committee of the Lioness members of the Club. This license includes the right to use the kitchen facilities and equipment. 3.3 This sub-lease and license also provides for: . a term of five years from October 1, 1998; . an option to renew for a further term of one year on the same terms and conditions provided that the sub-landlord has not first given notice to the sub-tenant that the sub-lease and license will expire at the end of the 5 year term; . rent of $20,000.00 for each of the first three years and $20,500.00 for each ofthe last two years of the term. The rent accrues to the benefit of the Claringtoti Older Adult Association as sub-landlord; . the Lions Club is to pay all municipal, regional and education taxes, as well as telephone charges, which are "additional rent" as in the case of the Head Lease; . if either the premises or the sub-tenant are exempt from municipal taxes, the sub-tenant is to pay the sub-landlord the amount that would have been paid but for the exemption; . the sub-landlord is responsible for the repair of the premises and licensed area, the cost of heating the premises and the cost of providing electricity and water services; and . the sub-tenant is responsible for the maintenance of the premises. 4.0 Sub-lease and License to Durham Region Community Care Association 4.1 The sub-lease and license by the Clarington Older Adult Association to Durham Community Care was also made as of October 1, 1998. The premises sub-leased comprise 1,386 square feet of office space on the first floor of the building. Also, Durham 1458 Schedule "A" REPORT NO.: FND-011-01 PAGE. 6 Community Care has the license to use the Board Room and certain other areas and facilities of the Beech Centre on a non-exclusive basis. 4.2 This sub-lease and license provides for: . a term of ten years with recognition that the sub-landlord and/or sub-tenant may negotiate a renewal for a further term; . the basic rent is $15,000.00 each year which includes expenses for heat, electricity, water, taxes and snow removal, which are the responsibility of the sub-landlord. Increases in charges for water and electricity are to be paid by the sub-tenant; . the basic rent is to be adjusted annually by reference to the Consumer Price Index for Metropolitan Toronto (all items); and · the sub-tenant is responsible for telephone charges. 5.0 Recommended Revised Financial Arrangements 5.1 As a result of the surrender of the Clarington Older Adult Association Head Lease to the Municipality, rent from the sub-leases and licenses and the Tennis Court lease will no longer accrue to the benefit of the Clarington Older Adult Association. This would necessitate certain changes to the financial arrangements between the Municipality and the Association. 5.2 In order to ensure all parties are in the same financial position, some revised financial arrangements are proposed. 5.3 The funds from the long-term sub-leases and licenses referred to in Section 4.0 which will be payable to the Municipality. They will be used to offset a contract for . management services (approximately $12,000) and to cover the utilities of the Beech Centre. The funds from the fees for occupancy permits will cover all the expenses for maintenance and repairs and telephone costs, accrued to the Clarington Beech Centre Board. All other revenues payable to the Clarington Older Adult A;;sociation will pay the balance of the wages and all other expenses incurred at the Beech Centre, that are primarily of a programming and fundraising nature. The above revised financial arrangements would continue while the sub-leases and licenses remain in place. No commitment is being made by the Municipality in the event that a sub-lease and license terminates. In those circumstances the hall board would have to address the shortfall in funding either through their own means or via a request to the Council at that time. 5.4 Furniture and Fixtures Any assets purchased at the time of construction, as part of the construction costs should be transferred to the Clarington Beech Centre hall board. Any assets purchased by the Clarington Older Adult Association since their inception would remain reflected on the Association's financial statements. 1459 Schedule "A" REPORT NO.: FND"()11"()1 PAGE 7 6.0 Insurance Issues 6.1 The Municipality participates in the Durham Municipal Insurance Pool. Under the current policy, the Clarington Beech Centre Board is automatically covered under the Municipality's Master policy as a board of the Municipality. As the Clarington Older Adult Association will continue to do fundraising and programming functions, the question was raised as to whether the Municipality's insurance coverage could be extended to incorporate the entire Clarington Older Adult Association. This will require discussion and approval of the Board of Durham Municipal Insurance Pool. The next Pool meeting is several weeks away. Staff will continue to investigate this option and notify the Clarington Olde~ Adult Association subsequent to the next meeting of the Durham Municipal Insurance Pool. 7.0 Recommended Revised Legal Arrangements 7.1 The recommended revisions to the legal arrangements are the following: . the Head Lease by the Municipality to the Clarington Older Adult Association will be surrendered with the result that the sub-leases and licenses, referred to in Section 4.0, will become, in effect, direct leases from the Municipality to the Lions Club and Durham Community Care, respectively; . the obligations and rights of the Clarington Older Adult Association under the sub-leases and licenses including the right to receive rent, will become the obligations and rights of the Municipality; . Clarington Older Adult Association will assign the lease to the Bowmanville Tennis Club to the Municipality together with the right to the rent payable by the tenant under it; . the present Council will state its intention to appoint and for its successors to appoint 5 members to the hall board who are nominated by the board of directors of the Association who are members of the board of directors and 2 members of Council; . the Clarington Older Adult Association wi!! continue to pursue its present purposes which include seeking grants and operating raffles for its charitable purposes. It will continue to employ an executive director and others, provided that they are not employees of the Municipality; and . a Memorandum of Understanding will be executed by the Municipality and Clarington Older Adult Association dealing with the appointment of members of a hall board which is to be established by the Municipality for the Beech Centre, under the Community Recreation Centre Act, and for the revised financial arrangements between the Municipality and the Association, referred to in Section 5.0. The intent is to keep the Association financially whole. 1460 Schedule "A" REPORT NO.: FND-011-01 PAGE 8 8.0 Principles for Memorandum of Understanding The principles that are to be addressed in a Memorandum of Understanding between the Municipality and Clarington Older Adult Association are the following: . the surrender of the lease by the Association to the Municipality, no later than December 31, 2001; . indemnification by the Association of the Municipality respecting performance of the Association's obligations under the sub-leases and licenses and licenses to the Lions Club and Durham Community Care, respectively; . if possible, insurance coverage to be provided to the Association under the Municipality's policies of property and general liability insurance, as discussed in Section 6.0; . Council will create a community recreation center for the Beech Centre to be managed and operated by a hall board under the Community Recreation Centres Act, of 7 members, of whom 2 are members of Council; . the present Council will state its intention that without fettering a successor Council, so long as the Association continues to provide older adult programming in the Beech Centre acceptable to Council, the non-Councillor members of the hall board will be appointed by Council from the then members of the board of directors of the Association, after consultation with the board of directors of the Association; . the hall board will have supervisory responsibility of the maintenance and operation of the Beech Centre in a manner that is consistent with the rights and responsibilities of the sub-tenants under the sub-leases and licenses to the Lions Club and Durham Community Care, respectively, and to the Bowmanville Tennis Club under the Tennis Court Lease, all as consistent with the Community Recreation Centres Act. Appropriate provisions satisfactory to the Director of FinancelTreasurer respecting financial management, audits and reports will be included in the By-Law establishing the Beech Centre as a community recreation center; . the By-:Law is also intended to contain provisions that will allow the hall board to permit the Association to occupy the portion of the Beech Centre now leased to it for purposes under temporary occupancy permits on terms that are as close as is legally possible, in the opinion of the Municipality's solicitor, to the intent of the relevant provisions of the Head Lease of the Beech Centre to the Clarington Older Adult Association; . if the sub-leases and licenses of space to the Lion's Club and/or Durham Community Care are tenninated, the Municipality will consult with the Association before deciding whether or not the use of that space should be made available to the Association by the issuance of occupancy pennits; 1461 Schedule "A" REPORT NO.: FND-011-01 PAGE 9 . the Municipality will consult with the Association before deciding to refrain from terminating the Lion's Club sub-lease and license and before deciding to negotiate a renewal of the term of the sub-lease to Durham Community Care; and . revised financial arrangements consistent with Section 5.0. 9.0 The Clarington Older Adult Association concurs with the contents of this report. 1462 Schedule "A" REPORT NO.: FND-011-01 PAGE 10 Interested party to be advised of Council's decision: Clarington Older Adult Association 26 Beech Avenue . Bowmanvilie, Ontario L1 C 3A2 The Lions Club of Bowmanville C/o The Beech Centre 26 Beech Avenue Bowmanville, Ontario L 1C 3A2 Durham Region Community Care Association C/o The Beec~ Centre 26 Beech Avenue Bowmanville, Ontario L 1C 3A2 The Bowmanville Tennis Club C/o The Beech Centre 26 Beech Avenue Bowmanville, Ontario L1 C 3A2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0608 1463 Schedule "A" CJfJ!il1gtDn REPORT FINANCE DEPARTMENT Meeting: COUNCIL Date: MONDAY, DECEMBER 10,2001 /"-/. w--of Resolution #-f.-/ (9 Report #: ADDENDUM TO FND-011-01 File #: By-law #:DK:J!J {- D2 /7 Subject: ESTABLISHMENT OF CLARINGTON BEECH CENTRE BOARD Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to Report FND-011-01 be received; 2. THAT Recommendation 7 of Report FND-011-01 be renumbered as Recommendation 8 and new Recommendation 7 be added as follows: "7. THAT notwithstanding the provisIons of By-law No. 94-129, Council approve an Agreement between the Municipality and Clarington Older Adult Association regarding the provision of certain management and custodial services substantially in the form of the draft Agreement contained in Attachment 1 to the Addendum to Report FND-011-01 and pass a By-Law to authorize the Mayor and Clerk to execute the Agreement on behalf of the Municipality." 3. THAT copies of Addendum to Report FND-011-01 be sent to: . Clarington Older Adult Association; . The Lions Club of Bowmanville; . The Bowmanville Tennis Club; and . Durham Region. Community Care Association. Reviewed b(] ~v-( k-r{z.9-t... Franklin Wu Chief Administrative Officer NMT/hjl 1464 REPORT NO.: FND-011-01 PAGE 2 1.0 DISCUSSION 1.1 Section 5.3 of Report FND-011-01 refers to a contract for management services to be provided by the Clarington Older Adult Association respecting the Clarington Beech Centre. A draft contract is contained in Attachment No. 1 to this Addendum. It is recommended that it be approved by Council and that the necessary authorizing By-Law be passed. Attachment: Attachment #1- Draft Contract for Management Services 1465 Schedule "A" REPORT NO.: FND-011-01 PAGE 3 Interested parties to be advised of Council's decision: Clarington Older Adult Association 26 Beech Avenue Bowmanville, Ontario L 1 C 3A2 The Lions Club of Bowmanville C!o 26 Beech Avenue Bowmanville, Ontario L 1 C 3A2 Durham Region Community Care Association C/o 26 Beech Avenue Bowmanville, Ontario L 1 C 3A2 The Bowmanville Tennis Club C/o 26 Beech Avenue Bowmanville, Ontario L 1 C 3A2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-0608 1466 Attachment #1 Draft #1 Wednesday, December OS, 2001 THIS COO'RDINATION AND CUSTODIAL SERVICES AGREEMENT made as of this 10lh day of December 200 I. BETWEEN: THE CORPORATION OF TIlE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE FIRST PART - and - CLARINGTON OLDER ADULT ASSOCIATION (hereinafter called the "Association") OF THE SECOND PART WHEREAS: A. The Association has agreed to provide coordination services respecting the maintenance and operation of the "Clarington Beech Centre" (as defmed in the Memorandum of Understanding between the Municipality and the Association also dated December 10,2001 ("Memorandum of Understanding") including the lands described in Schedule "A" of the Memorandum of Understanding and to perform certain custodial and responsibilities. The coordination of services and custodial responsibilities are described below in this Agreement. B. The Municipality has agreed to pay the Association the sum of Twelve Thousand ($12,000.00) Dollars per annum for the term of this Agreement for the performance of the services referred to in Recital "A". C. This Agreement is made in order to implement section 5.3 of Report FND-O 11-01 as amended by Addendum to Report FND-O 11-01, as approved by the Council of the Municipality at its meeting on December 10.2001. 1467 2 D. The execution of this Agreement on behalf of the Municipality by the Mayor and Municipal Clerk is authorized by By-law No. 2001-_ passed by the Council of the Municipality on December 10, 200 I. NOW THEREFORE in consideration of the premises herein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the parties is hereby acknowledged) covenant and agree as follows: 1. For the term of this Agreement, the Association will provide to the Municipality and to the "Clarington Beech Centre" (as defined in the Memorandum of Understanding) services for the competent coordination reasonably required for the maintenance and operation ofthe Clarington Beech Centre including the lands described in Schedule "A" of the Memorandum of Understanding. Without limiting the generality of the foregoing, the operation of the Clarington Beech Centre shall include the provision by the Association of reasonably necessary custodial duties to keep it and any property of any kind which is within it from time to time, secure. 2. Commencing on January 1,2002 and thereafter on the anniversary of that date during the term of this Agreement, the Municipality shall pay to the Association the sum of Twelve Thousand ($12,000.00) Dollars per annum as a fee for the performance by the Association of the services referred to in paragraph 1, provided that if the term of this Agreement expires during a calendar year, the amount of the fee payable for the portion of the calendar year which expires on the date of tennination of the term shall be the amount produced by dividing Twelve Thousand ($12,000.00) Dollars by the number of days in that calendar year from and including January 1st of that year to and including the date of the expiry of the term of this Agreement. The amount of any overpayment by the Municipality to the Association shall be repaid to the Municipality as a debt, forthwith after the Municipality gives the Association written notice requiring the Association to repay the amount of the overpayment. 3. In performing the coordination services referred to in paragraph 1, the Association will make available a reasonable portion of the working time of its Executive Director, or in the absence of the Executive Director, another person who is either employed by or contracted to the Association and is competent and qualified to provide the required coordination services at a reasonable level of performance. Additionally, the Association will provide a suitable person who shall be either an employee or a member of the Association to perform the custodial duties referred to in paragraph 1 of this Agreement. In no event shall any person whose services are provided by the Association pursuant to this Agreement be or be represented by the AssociatIon or by any person acting with the authority of the Association, to be either a full-time or a part-time employee either of the Municipality or of the Clarington Beech Centre Board. 4. The term of this Agreement shall expire on the earlier to occur of the date of termination of the Sub-lease and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Bowmanville Lions Club and the date oftermination of the Sub-lease 1468 Schedule "A" 3 and Licence dated October 1, 1998 of certain portions of the Clarington Beech Centre to the Durham Region Community Care Association. 5. This Agreement shall be binding upon the Association, its successors, assigns and members and the Municipality, its successors and assigns. However, while this Agreement shall enure to the benefit of the Municipality, its successors and assigns, it shall enure only to the benefit of the Association and not to the benefit of the Association's successors and assigns. 6. Time shall be of the essence of this in all respects and in every part of it. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON John Mutton, Mayor Patti L. Barrie, Municipal Clerk CLARINGTON OLDER ADULT ASSOCIATION Per: Name: Title: Per: Name: Title: 1469 THE CORPORATION OF THE MUNICIPALITY OF CLARINOTON BY-LAW NUMBER 2001- 216 Being a By-law to authorize the execution of a Memorandum of Understanding between the Municipality of Clarington and the Clarington Older Adult Association respecting the Clarington Beech Centre WHEREAS at its meeting on December 10,2001, the Council of the Municipality ofClarington approved the recommendations contained in Report FND-O 11-0 1 as amended by Addendum tQ Report FND-O 11-0 1, THEREFORE the Council of the Corporation of the Municipality ofClarington hereby enacts as follows: 1. The Mayor and Municipal Clerk are hereby authorized to execute on behalf of the Municipality ofClarington the Memorandum of Understanding between the Municipality and the Clarington Older Adult Association referred to in Report FND-OII-01. By-law ~ad a first and second time this lOth of December, 2001. BY-law read a third time and fmaIly passed this lOth day of December, 2001. Schedule "B" 1470 Schedule "B" THIS MEMORANDUM OF UNDERSTANDING made as of this 20th day of December 2001. BETWEEN: CLARINGTONOLDERADULT ASSOCIATION (hereinafter called the "Association'') - and - THE CORPORATION OF THE MUNICIPALITY OFCLARINGTON (hereinafter called the "Municipality") WHEREAS: A. The Municipality acquired title in fee simple to the lands and premises more particularly described as Part 1 on Reference Plan 40R-I4445 from The Lions Club of Bowmanville ("Lions Club'') by transfer registered as Instrument No. D508035 in the Land Registry Office for the Land Titles Division of Durham (No. 40), subject to the previsions of a lease dated January 1, 1988 made by the Lions Club to The Bowmanville Tennis Club respecting certain tennis courts and associated lands ("Te~s Courts Lease"); B. The Municipality then proceeded to add to and renovate the existing 'building which was part of the premises referred to in Recital A, to make it suitable for use as an Older Adult Centre in Bowmanville; C. By lease made as of October 1, 1998 ("Lease"), the Municipality leased the lands comprising Part Ion Reference Plan 40R-14445 to the Association together with premises which comprise portions of the Building ("Premises") to the Association. The Premises are identified on the drawings contained in Schedule "A" attached to and forming part of this Memorandum of Understanding. The Premises are outlined on the floor plans contained in Schedule "A" in purple. The lands which are leased to the Association are outlined in green on the site plan also contained in Schedule "A" hereto. The Premises do not include the structure of the Building, the exterior walls, bearing walls, fenestration and doors of the Building from their interior face, mechanical systems, the "HV AC System" (as hereafter defmed), the electrical systems, and the plumbing system within or serving the Building. The lands and Premises are hereafter referred to as the "Clarington Beech Centre". 1471 , Schedule "B" 2 D. The Lease, among other things, provides for a term of ten (10) years with options to renew subject to certain terms and conditions, a "basic rent" (as defmed in the lease) of two ($2.00) dollars, and "additional rent" (as described in the lease) also payable by the Association to the Municipality ("Lease''); . E. The Lease prohibits the assignment of it or the sub-lease of the lands and premises described in it by the Association without the consent of the Municipality. It also contains the consent of the Municipality to sub-leases and licenses of portions of the Clarington Beech Centre to Durham Region Community Care Association ("Durham Community Care") and the Lions Club, respectively, by the Association; F. By sub-leases and licenses Jilade as of October I, 1998, the Association sub-leased and licensed portions of the Clarington' Beech Centre to Durham Community Care and the Lions Club, respectively, pursuant to'the consents of the Municipality set out in the Lease; G. In the Lease, the Municipality also assigned to the Association the Tennis Courts Lease; H. The Association and the Municipality have agreed that the Association will surrender the Lease and will assign and release its interest in the Bowmanville Tennis Court Lease to the Municipality for a nominal consideration with the intent that relationships of landlord and tenant will be established between the Municipality, the Bowmanville Tennis Club, Durham Community Care, and the Lions Club; 1. At its meeting on December 10,2001, the Municipality's Council approved the recommendations contained in Report FND-OII-Ol as amended by the Addendwn to Report FND-OII-OI; J. The execution of this Memorandum of Understanding on behalf of the Municipality is authorized by By-Law No. 2001-216 passed by the Municipality's Council at its meeting on December 10, 2001. . NOW THEREFORE in consideration of the premisesherein contained and the sum of TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by each of the parties is hereby acknowledged) covenant and agree as follows: Surrender of Lease I. The Association will execute all documents considered necessary by the Municipality's Solicitor for a nominal consideration to effectQn 'or before December 31, 2001 the surrender of its leasehold interest in the lands'~d premises more particularly described in the Lease between the Municipality and the Association made as of October I, 1998 of the lands referred to in Recital A and the Clarlngton Beech Centre as well as the assignment and release to the Municipality of its interest in the Tennis Courts Lease. 1472 Schedule "B" 3 Ri2ht of Removal of Certain Fixtures 2. (a) Notwithstanding the surrender to the Municipality of the Lease, the right of the Association to remove fixtures, equipment and personal property purchased on the account of the Association, from the land and premises leased to it by the Lease, shall continue until the Association ceases to make use of any portion of the Clarington Beech Centre pW'Suant to a valid occupancy permit issued by the "Clarington Beech Centre Board" (as defmed in By-Law No. 2001-215) which the Council of the Municipality intends to appoint pursuant to the Co.mmunity Recreation Centres Act: If the Association removes its fixtures, equipment and personal property as aforesaid, it shall, at its cost, restore the portion of the Clarington Beech Centre in or to which it or they are housed or affixed, or from which it or they are removed. If the Association does not remove its fixtures, equipment and personal property from the land and premises leased to the Association by the Lease, they shall become the absolute property of the Municipality without prior notice being given to the Association or compensation for it or them being paid by the Municipality to the Association and the Municipality shall be free to use or dispose oftbe same and to appropriate the proceeds of disposal to the Municipality's own use absolutely. 2. (b) Notwithstanding paragraph 4.1 of the Lease, the Municipality and .the Association agree that their respective rights and duties respecting the AssQciation's fixtures, equipment and personal property shall be determined exclusively under paragraph 2.(a) of this Memorandum of Understanding and not under paragraph 4.1 of the Lease on and after the effective date of the surrender of Lease, and that on and after such date the rights and duties of the parties under paragraph 4.1 of the Lease shall be deemed to have terminated. . Indemnity , 3. (a) Notwithstanding the surrender of the Lease by the Association to the Municipality, the Association will indemnify and save harmless the Municipality and the "Landlord's Employees" (as defined in the Lease) from and against all liabilities, actions, proceedings, damages, claim, losses and expenses that the Municipality may incur or suffer in the same manner and to the same extent as is set out in paragraph 6.5 of the Lease provided that the Association's actions or omissions which cause or give rise to the duty to indemnify and save harmless the Municipality shall have occurred prior to the effective date of the surrender of the Lease to the Municipality. (b) In addition, the Association will indemnify and save harmless the Municipality from and against all liabilities, actions, proceedings, damages, claims, losses and expenses arising out of or caused by the breach by the Association of any of its duties as "Landlord" under either or both of the sub-leases and licenses to Durham Community Care and the Lions Club, respectively. The Association's acts or omission which cause or give rise to such breach shall have occurred prior to the effective date of the surrender of the Lease to the Municipality by the Association. 1473 Schedule "B" 4 Statements of Intentions 4. The Council of the Municipality hereby states its present intention without in any way fettering either it or a successor Council in the exercise of its legislative powers, that: (i) It will pass a By-Law to establish a community recreation centre for and appoint a committee of management ("Clarington Beech Centre Board") to manage and operate the , land referred to in Recitar A and the ClaringtonBeech Centre, subject to the sub-leases and licenses of portions thereof to Durham Community Care and the Lions Club, respectively, and the Tennis Courts Lease; (il) The By-Laws will provide that the Clarington Beech Centre Board will consist of seven (7) members of whom five (5) shall be appointed by Council from the members of the board of directors of the Association, after Council :first consults the board of directors, and two (2) shall be members of Council; (Hi) The By-Law will authorize the ClaringtonBeech Centre Board to permit the Association to occupy the portion of the building known as Clarington Beech Centre under occupancy permits that are consistent with the intent of the Lease, for a nominal charge, provided that the 'terms of occupancy permits previously issued to the Association have been complied with by the Association; (iv) The By-Law will provide for the delegation by the Municipality to the Clarington Beech Centre Board of responsibility on behalf of the Municipality 'for the maintenance and operation of the lands referred to in Recital A and the Claritigton Beech Centre in a manner that is consistent with the provisions of the Community Recreation Centres Act and the rights and responsibilities of the parties to the sub-leases and licenses to Durham . Community Care and the Lions Club, respectively, as well as the parties to the Bowmanville Tennis Court Lease; (v) If the sub-leases and licenses to the Durham Community Care and/or the Lions Club are terminated, the Municipality will consult with the board of directors of the Association before deciding whether the use of the portions of the Clarington Beech Centre now in their possession should be made available to the Association by the issuance of occupancy permits to it by the Clarington Beech Centre Board pursuant to paragraph 4(iii); (vi) The Municipality will consult with the board of directors of the Association before deciding to refrain from terminating the sub-lease and license to the Lions Club pursuant to the right to do so which is contained in the sub-lease and license; (vii) The Municipality will consult with the board of directors of the Association before deciding to negotiate a renewal of the sub-lease and license to Durham Community Care; and 1474 Sche~ule "B" 5 (viii) While the provisions of the sub-leases and licenses to Durham Community Care and the Lions Club continue in effect, the rent payable under them will be paid to the Municipality. These funds will be used to offset monies payable by the Municipality to the Association pursuant to an intended contract for the provision by the Association to the Clarington Beech Centre Board of management services to be described in the contract for the term of such contract. Effective Period 5. The provisions of the Memorandum of Understanding, except paragraph 2(a), 2(b) and 3(a) shall terminate and have no further effect on September 30, 2008. No Partnershiu. etc. 6. This Memorandum of Understanding is not intended nor shall it have the effect of . establishing a partnership or joint venture of any kind between the parties to it or between the Clarington Beech Centre Board and the Association. PST and GST 7. The Association shall be responsible for the payment of Sales Taxes and Goods and Services Tax where applicable, in respect of goods and services sold by the Association. Debts 8. The Association acknowledges and agrees that the Municipality shall not be responsible for any debts incurred by the Association or by any person for whose conduct the Association is responsible in law. The Association shall not repre~ent or suffer or permit anyone to represent to any person that the Municipality will be responsible for payment of any debt incurred or to be incurred by the Association. Parties to Act in Good Faith 9. The Parties shall act in good faith in exercising their respective rights and in performing their respective duties under this Memorandum of Understanding. I Director of Ouerations 10. The Municipality's Director of Operations, on behalf of the Municipality and the Clarlngton Beech Centre Board, shall be responsible for reviewing the Association's compliance or non-compliance with the provisions of this Memorandum of Understanding and any occupancy permits issued by the Association. 1475 Schedule "B" 6 Municipality's or Association's Issues 11. The Association may appear as a disputant at meetings of the Municipality's Council or its General Purpose and Administration Committee, provided that the Municipality's Rules of Procedures in that regard are complied with. The Municipality and the Association shall act cooperatively and in good faith to resolve expeditiously issues that the Municipality, the Municipality's Director of Operations or the Association may raise. At all times the Clarington Beech Centre Board, the Municipality's Director of Operations and the Association shall receive complaints or suggestions respecting the Clarington Beech Centre or the lands referred to in Schedule "AU and their operation and use courteously and seek to address them efficiently. Rules Re2ardinl! Use of Premises 12. The Clarington Beech Centre Board from time to time may give the Association written notice of roles regarding the use of the lands referred to in Schedule "A" and the Clarington Beech Centre, which shall be deemed to be part of this Memorandum of Understanding as if contained in it. The Association agrees to comply with such roles. Smoke Free 13. The Association shall not permit or suffer any person to smoke a tobacco product anywhere in the Clarington Beech Centre. Enurement. etc. 14. This Memorandum of Understanding shall be binding upon the Association, its successors, assigns and members and the Municipality, its successors and assigns. However, while this Memorandum of Understanding shall enure to the benefit of the Municipality, its successors and assigns, it shall enure only to the benefit of the Association and not to the Association's successors and assigns.. Time of Essence 15. Time shall be of the essence of this Memorandum of Understanding in all respects and in every part of it . Severability 16. If any provision of this Memorandum of Understanding or part thereof is to any extent held or declared invalid, unenforceable or illegal, the remainder continues to be applicable to and enforceable by the parties: 1476 Schedule liB" 7 Authority to Make A2reement 17. The parties acknowledge and agree that the Municipality has authority to enter into this Memorandum of Understanding, that every provision is authorized by the law and is fully enforceable by the parties, and that this Memorandwn of Understanding is made by the Municipality in reliance on the acknowledgement and agreement of the parties as aforesaid. Counteroart 18. This Memorandwn of Understanding may be executed in counterpart by each of the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written and the parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. CLARINGTON OLDER ADULT ASSOCIATION Per: d ~j ~. .~~ Name: /J . . ~. y _' ~ L Title: r-~' per:~: ~~()... " ~: .se.~ · .., 1477 SCHEDULE "A" VI n ::s- (1) c.. c CD OJ ::: - .~ "'L__ . ......-..... ~ PRO.E:CT: 0LDIIl MllLT CClIoUNfY CENI1E lhihlC~~I.I" :y (:._4ft'frlUT(lt1 --- -- llAAlING: ----- --.....- --- ~ ""'''1 - - -~ IAIIIIY . IRYAN ~~r(5:1"111......TEO ...:;....-_._,- '_._,_L'"'f ~ I I i I _._._l_____._._._._.~ ._._._._._._._~ ~ ') i . -....... 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'!::-:::oIe :........'2,. -= ..:~t'" : -",,::. ..... ..;: '.': I~,==-' ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: July 5, 2010 Resolution#: By-laW#: N/A Report#: COD-044-10 File#: N/A Subject: Joint Health and Safety Committee - 2009/2010 Summary RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-044-10 be received for information. Submitted by: d~ ~Cfr\. Lori Gordon, Co-Chair Joint Health & Safety Committee Ov\,L-- our, Co-Chair Joint :Health & Safety Committee Reviewed by: (J,--J2S2:..C'Sl.., Franklin Wu Chief Administrative Officer MM/LW/MM/LG/MLlgj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1481 REPORT NO.: cOD-044-10 PAGE 2 1.0 BACKGROUND 1.1 Report COD-044-1 0 has been prepared to provide Council with an update of activities undertaken by the Joint Health and Safety Committee during the past year. The Occupational Health and Safety Act requires the Joint Health and Safety Committee provide the employer with an annual update if requested. This report also provides a summary of incidents and accidents that occurred in the workplace during 2009 to present. 2.0 2009 - 2010 HIGHLIGHTS 2.1 Critical Injury Reporting A policy, including comprehensive reporting guidelines, was developed for reporting critical injuries to the Ministry of Labour. These additional guidelines were established to identify the Municipality's responsibility to report critical injuries that occur at workplaces belonging to the Municipality to non-workers. Critical injuries are defined in the Occupational Health & Safety Act, Regulation 834, as: For the purpose of the Act and the Regulations "critically injured" means an injury of a serious nature that, a) places life in jeopardy; b) produces unconsciousness; c) results in substantial loss of blood; d) involves the fracture of a leg or arm but not a finger or toe; e) involves the amputation of a leg, arm, hand or foot but not a finger or toe; f) consists of burns to a major portion of the body; or g) causes the loss of sight in an eye. 2.2 Bill 168 - Harassment & Violence in the Workplace On June 15, 2010, Bill 168 came into force, amending the Occupational Health & Safety Act imposing significant obligations for Ontario employers in respect to workplace violence, domestic violence and workplace harassment. 1482 REPORT NO.: cOD-044-10 PAGE 3 The Municipality has amended current policies and is in the process of conducting the required risk assessments for violence. Training to staff has commenced. 2.3 2009 NEER Statement Results Throughout the course of the year, the WSIB monitors the number of reported incidents and accidents. Employers are required to advise the WSIB for any injury that only requires medical aid and/or lost time. The cost value of these claims is reported back to the employer monthly in the form of a NEER statement. NEER is referred to as the New Experimental Experience Rating. The individual employer's performance is measured through the WSIB Performance Index utilizing the previous three (3) year injury history and; are used in part to assess the employer's annual premiums. A rating of 1.0 is neutral; above 1.0 requires addition premium surcharges to be paid by the employer; and a rating below 1.0, the employer receives a refund of premiums. These adjustments are in addition to the base rate group premium of $1.86 per $100.00 of earnings. Clarington has been in a refund situation for the past number of years. Refunds for the past 3 years are as listed: Year Performance Index Refund 2009 0.37 $56,075.35 2008 0.06 $32,551.83 2007 0.52 $64,252.15 3.0 EARLY and SAFE RETURN TO WORK PROGRAM 3.1 In order to reduce lost earnings costs to the above noted NEER program, the WSIB encourages all employers to develop an Early and Safe Return to Work program. The purpose of this program is for the employer to work with the injured employee to return to work as soon as possible after experiencing a work- related injury. 3.2 In most cases, employees who experience a work-related injury return to work 1483 REPORT NO.: cOD-044-10 PAGE 4 within 24 hours and do not incur lost wages. However, in more serious injuries, employees may not be able to perform their normal duties. In the past, those employees would have remained off work until they were able to return to full duties. The Early and Safe Return to Work Program allows the employer to offer the employee alternate duties that would be meaningful to the employer, and not cause any further injury to the employee. By doing so, the employee returns to work earlier than they normally may; the employee does not collect WSIB payment for lost wages and the employer does not incur increased WSIB premiums. 4.0 ACTIVITES 4.1 The Joirit Health and Safety Committee (JH&SC) is co-chaired by Municipal staff representing both management and workers within the Municipality. The Health & Safety Coordinator now occupies the management co-chair position ongoing. The committee represents management workers, Canadian Union of Public Employees Local 74 (both Inside and Outside Workers) as well as the Clarington Fire Fighters Association Local 3139. 4.2 The committee consists of 15 members (8 management and 7 workers) plus 16 alternate members who attend meetings in the absence of a JH&SC Member; and, assist with monthly facility inspections. (Attachment #1) 4.3 The Emergency and Fire Services also have an in-house JH&SC who meet quarterly to review health and safety issues exclusive to their department. 4.4 The municipal JH&SC members meet every month with the exception of July and August. All minutes are retained within statutory limits and current minutes are posted for all staff on the Health and Safety Boards located at every workplace within the Municipality. A typical agenda may include: · Agenda Review · Introduction of Guests · Department Head Presentation · Approval of Previous Minutes · Business Arising from Minutes · Review of Previous Month Workplace Inspections · Current Workplace Inspections · Accident /Injury Statistics Review · Update from Emergency Services · Update from Health & Safety Coordinator · Other Business 1484 REPORT NO.: cOD-044-10 PAGE 5 . Workplace Inspection Assignments 4.5 The JH&SC members also conduct monthly inspections of Municipal workplaces. On a monthly basis, there are at least fourteen inspections carried out by the JH&SC. The Occupational Health and Safety Act (OH&SA) states that all facilities must be inspected monthly; and where it is not practical to for a complete inspection, at least part of the facility must be inspected. In addition the requirement to inspect municipal work sites, all other municipally owned facilities (Board operated community centres) are inspected at least once per year. Inspection forms are also retained and the current forms posted on the JH&SC Boards for staff information. 5.0 INCIDENTS AND ACCIDENTS 5.1 Incidents and accidents are tracked and reported on a monthly basis to the Health & Safety Committee. The statistics are used to identify trends and opportunities for training. SUMMARY OF INJURY/INCIDENT REPORTS 2009 - 2010 to Date (June 25,2010) 2009 to December 2010 to June 25m TYPE OF INJURY - All Incidents 31st Lifts and Strains (including RSI) 10 9 Slips Trips and Falls 10 5 Burns 4 1 Animal Bites & Scratches 3 Pinch 2 1 Miscellaneous (including cuts) 22 12 Near Miss 1 1 TOTAL 55 29 5.2 The Workplace Safety & Insurance Board (WSIB) requires employers to report a work related accident if they learn that a worker required health care and/or; is absent from work, earns less that regular pay, and requires modified work at regular pay for more than seven calendar days following the date of the accident. 1485 REPORT NO.: COD-044-10 PAGE 6 Employers are not required to report a work related accident if the worker receives only first aid. The reported number of workplace incidents to WSIB is as follows: REPORTS TO WSIB 2009 2010 Medical Aid - No Lost time 9 3 Medical Aid and Lost Time 5 5 TOTAL 14 8 6.0 COMMENTS 6.1 Support for the Health and Safety Program within the Municipality has been endorsed by all staff from the part-time occasional staff member to full time staff, supervisors, managers, department heads, CAO and Council. This support has been demonstrated by both reduced claims costs, reduced lost time costs. Continued support for staff training programs and awareness will continue to reduce injuries and costs within the workplace. Attachments: Attachment 1 - Joint Health and Safety Committee Members 2010 1486 Cl~mgron ATTACHMENT #1 JOINT HEALTH AND SAFETY COMMITTEE MEMBERS 2010 (All phone numbers are Area Code 905) NON-AFFILIATED MEMBERS ALTERNATES Ext Ext Lori Gordon**\M)-Co Chair 623 3379 Patti Barrie* (M) 623 3379 Finance - 1 sl Floor - MAC x244 Clerk's - 2nd Floor MAC x254 Dan Welsh (M) 987 -5667 Mark Berney**\I-) 6235126 Community Services - NDRC x226 Emergency Services - HQ X302 Lockie Longhurst**\M) 260-1454 Jenny Bilenduke**\MI 623 3379 Operations - Hampton Engineering - 3rd Floor MAC x205 Marie Marano (M) 623 3379 Jennifer Cooke* (M) 623 3379 Corporate Services- 1 sl Floor - MAC x237 Corporate Services - 4th Floor MAC x407 Steve Myers**\M) 435-1061 Len Hunter (M) 435 1061 Community Services - SCA x230 Community Services - SCA x222 Gord Weir**\F) 6235126 Gerry Jordan (M) 623 3379 Emergency & Fire Services - HQ x307 Corporate Services - 1 sl Floor MAC x258 Lisa Wheller (M) 623-3379 Nancy Taylor (M) 623 3379 Corporate Services - 1 sl Floor MAC x225 Finance - 1 st Floor MAC x259 Mike McCron**\M) 623-3379 Corporate Services - 1 $I Floor MAC X224 AFFILIATED MEMBERS ALTERNATES Marc Ladouceur**(F} Co-Chair 623-5126 Dan Worrall (F) 623-5126 Emergency & Fire Services Emen::lency & Fire Services Jennifer Stycuk (M) 623-3379 Ken Sherwood (M) 263-2292 Corporate Services-4lh Floor- MAC X409 Operations - Hampton Aidan McConkey**\F) 623-5126 Bob Russell (M) 623-3379 Emergency & Fire Services PlanninQ Services- 3rd Floor- MAC X341 Adrian Coolen**\MI 623 3379 Bryan Rogers* (F) 623-5126 Engineering - 3rd Floor - MAC x286 EmerQency & Fire Services Rob McKay* (M) 263-2291 Jan Vreeker (M) 623-3379 Operations - Hampton Corporate Services - 4th Floor - MAC x409 Paul Neto**\M) 623 3379 Laura Pinto (M) 623-3379 Operations - Basement - MAC x343 Finance- 1 sl Floor- MAC X424 Michael Ste.Croix (M) 623-3379 Tom Stout (M) 263-2292 Finance - 1 sl Floor MAC X428 Operations - Hampton Workplace Inspectors Tom Vendrasco (M) 623-3379 Brigitta Harris (M) 623-3379 Clerks - 2nd Floor - MAC x380 Corporate Services - 1 sl Floor - MAC x250 Secretary Alternate June Gallagher 623 3379 Gerry Jordan 623 3379 Clerk's - 2nd Floor - MAC x253 Corporate Services - 1 sl Floor MAC x258 Advisor Franklin Wu - CAO 623 3379 CAO's Office - 3rd Floor - MAC x252 Meeting Quorum: 5 Affiliated and 4 Non-Affiliated Members and/or Alternates * Certified Members - Part.1 Effective Date: Jan. 1, 2010 ** Certified Members - WPS (Bold) (M-MunicipaIlF-Fire) Date Printed: June 25,2010 J:\HEAL TH & SAFETY\Committee\JHSC Members.doc 1487 Clarington REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5,2010 Resolution#: By-laW#: Report#: COD-045-10 File#: Subject: PURCHASING BY-LAW - UPDATE 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report COD-045-1 0 be received; 2. THAT Purchasing By-law 2006-127 be repealed; 3. THAT the proposed By-law, provided under separate cover, be forwarded to Council for approval in principle and intent; 4. THAT the proposed By-law be prepared and formatted in a manner satisfactory to the Municipal Solicitor and the Manager of Purchasing ready for execution by the Mayor and Clerk; 5. THAT any agreements approved by the CAO in compliance with the by-law limits requiring execution, be forwarded to the Mayor and Clerk for signatures; and 6. THAT a final copy of the By-law be distributed to members of Council for information as soon as practicable. Submitted by: ~d~ - ~ arano, H.B.Sc., C.M.O. Director of Corporate Services Reviewed ba ~:., ~ Franklin Wu, Chief Administrative Officer MM\JB\km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1488 REPORT NO.: COD-045-10 PAGE 2 1.0 BACKGROUND AND COMMENT 1.1 The existing Purchasing By-law no. 2006-127 was implemented in 2006, with several minor changes being made since that time. 1.2 For information purposes a complete copy of the existing by-law together with the proposed by-law, prepared side by side for comparison purposes has been distributed under separate cover. A summary of changes is attached as Schedule "An 2.0 ANALYSIS 2.1 As the Municipality continues to grow, so too does the need for efficient and effective procedures. 2.2 With increasing prices and demand for services, the dollar limits for purchase orders and tenders is hindering the performance of the various departments within the Municipality of Clarington. In addition, the approval process is extending the period of time needed to bring an agreement to fruition. 2.3 In addition, recent changes made to the Municipal Act require that the Municipality of Clarington update their purchasing by-law to meet various requirements stated in the Act. The proposed amendments are established to set parameters that will meet market conditions and be effective for the next five years. 1489 REPORT NO.: COD-045-10 PAGE 3 2.4 The changes in the new by-law include; expanded definitions, addition of purpose, goals and objectives, rejection of bids, negotiation, changes to dollar amounts and expedited approval process for contracts up to a specified dollar limit, minor or adjustment to the exemptions, the introduction of green procurement, introduction of a vendor complaints process as well as various other minor changes. Schedule "B", distributed separately provides a side by side comparison of the current by-law to the proposed by-law with changes noted in italics. 2.5 The changes proposed in the new by-law do not detract from the standard and public sector accepted processes used to ensure a fair, transparent and competitive process. The same level of care will be exercised in conducting the procurement process. In addition, with the introduction of Complaints and Bidders Protest policy any concerns expressed by vendors can be addressed in a formal and consistent manner. 2.6 The significant changes introduced in this by-law deal with changes in the thresholds for the use of formal quotations and public tenders. 2.7 The two significant additions to the by-law include the provision for approval on contract award by the CAO and the introduction of a process for the purchase of on-going repetitive supplies and services. A summary of changes and additions is provided and attached as Schedule "A". 2.8 For information, the dollar thresholds quoted in the proposed by-law are in line with Municipalities such as Oshawa, Vaughn and Pickering. 1490 REPORT NO.: COD-045-10 PAGE 4 3.0 CONCLUSION 3.1 With the introduction of the new by-law the procurement process will experience improved efficiencies thereby shortening period required for the majority of the Municipality's acquisitions while maintaining the fair, transparent and competitive process. 3.2 Due to the number of changes required, it is recommended that the existing Purchasing By-law #2006-127 be repealed and that proposed By-law distributed separately and marked Schedule "B" be forwarded to Council for approval in principal and intent with the proviso that the By-law be prepared and formatted in a manner satisfactory to the Municipal Solicitor and the Manager of Purchasing ready for execution by the Mayor and Clerk. 4.0 INPUT FROM OUTHER SOURCES 4.1 A copy of all proposed amendments has been circulated to and discussed with all Department Heads. Attachments: Schedule "A ", Summary of Changes Schedule liB", Comparison of Current .and Proposed By-law (distributed separately) 1491 Clw;-!J1gton SCHEDULE "A" Municipality of Clarington PURCHASING BY-LAW SUMMARY OF MAJOR CHANGES 1. Definitions have been expanded: Reference: Pages 1-8. This includes defining the Department Heads separately and changing the definition of Designated Official to include the Purchasing Manager. 2. The Purchasing Manager's definition has been expanded - Reference: page 5 3. Council recess procedures have expanded to include elections. Reference: Page 9, Item 4 4. In house Bids has been expanded - Reference: Page 10, item 7 5. By-Law Review has been revised to add the word "approximately" - Reference: Page 10, item 8. 6. Rejection of Bids Section has been expanded to include arbitration, any association or union issues and for the provision of poor service in the past. Reference: Page 10, Item 9. 7. The dollar amount for issuing a purchase order has been increased from $750.00 to $1,000.00. - Reference: Page 13, item 12.01. See also Page 16, Item 15.04. 8. A clause has been added to the to deal with green procurement - Reference: Page 15, Item 15.02 9. The dollar amount for issuing a formal quotation (3 written) has been increased from $20,000.00 to $25,000.00. - Reference: Page 16, item 15.06 10. The dollar amount for issuing a tender has been increased from $50,000.00 to $~OO,OOO.OO. - Reference: Page 17, item 15.08. 11. Provision has been made for the acquisition of repetitive services and supplies using a formal process with award on the basis of accepting low compliant bids. Any deviation from the accepted process would require a report to Council - Reference: Page 18, Item 15.09. -1- 1492 12. A new provision has been made for the award of contracts based on CAOs approval for tenders with a value from $100,000.00 to $250,000.00. Reference: Page 33, Item 24 b) 13. The dollar amount for obtaining Council approval to award a tender or Request for Proposal has been provided to take effect over the recommended CAO approval limit of $250,000.00 - Reference: Page 32, item 24. 14. Reference has been provided in the By-law to the Fair Wage Policy - Reference: Page 23, Item 15.16. 15. The section dealing with Withdrawn Bids has been expanded to deal with withdrawal of bids after deposit into the tender box -. Reference: Page 28, Item 21.03 16. . The Bid Verification Process has been expanded to include all bid solicitations -. Reference: Page 30, Item 23.01. 17. Review of bid submissions has been expanded by adding areas where discretion is required on the acceptability of bids - Reference: Page 32, Item 23.04. 18. Disclosure of bid prices has been expanded to deal with bid prices for formal quotations and RFPs. Reference: Page 35, Item 29.03. 19. Provision has been made for the introduction of a Complaints and Bidders Protest process - Reference: Page 36, Item 30. 20. A section has been added to deal with the execution of operating agreements in keeping with existing policy - Reference: Page 37, Item 32. 21.. Appendix "A" has been amended by adding several items where competitive bidding is not an option or is impractical. Page 38. -2- 1493 ~n REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5th, 2010 Resolution#: By-laW#: Report#: COD-04 7 -10 File#: Subject: LEASE AGREEMENT - DURHAM CENTRAL AGRICULTURAL SOCIETY ORONO FAIR GROUNDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-047-10 be received; 2. THAT the Municipality lease Part of Lots 27 and 28, Concession 5, designated as Parts 1 and 3 on Plan 1 OR-318 to the Durham Central Agricultural Society for the period ending August 31,2012, unless renewed in accordance with the terms; 3. THAT Council endorse the option of tying the term of subject lease to the long term lease between the Durham Central Agricultural Society; and 4. THAT the By-law marked as Schedule "A", attached to Report COD-047-10, authorizing the Mayor and Clerk to execute the lease agreement satisfactory to the Municipal Solicitor, be approved. 7 Submitted by: . Reviewed by: d~~ Franklin Wu, Chief Administrative Officer MM/JB/km CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 1494 REPORT NO.: COD-047-10 1.0 BACKGROUND AND COMMENT PAGE 2 1.1 In 1977 the Town of Newcastle (now the Municipality of Clarington) and the Durham Central Agricultural Society (DCAS) negotiated and established a lease for a section of the Orono Fair Grounds for the purpose of constructing an arena. The term of the lease was established at 25 years with the Town having the right to extend the term by 10 years on the same terms and conditions but there is further right of renewal. The current term will expire August 31,2012. 1.2 At the time, the Municipality owned a piece of property (former works yard) adjacent to the Orono Fair Grounds. Arrangements were made to divide the property and convey a portion of the land to the Durham Central Agricultural Society for use as part of fair grounds. The Municipality retained a portion of the property described as Part of Lots 27 and 28, Concession 5 designated as Parts 1 and 3 on Plan 10R-318. This section of land was retained for a future Orono Fire Hall. 1.3 The Durham Central Agricultural Society has approached the Municipality with a request to lease this property to augment the Orono Fair Grounds. 2.0 ANALYSIS 2.1 The subject land has been left unused for several years since the decision was made in the early 80s to locate the Orono Fire Hall on Main Street, Orono. 2.2 Under the circumstances, it is reasonable to proceed with a leasing arrangement, at least to the end of the current term during which time the Municipality can consider the disposition of the subject lands beyond 2012. 3.0 FINANCIAL 3.1 Barring a decision to sell the land there is little financial impact to the Municipality by entering into a lease in the short term. 1495 REPORT NO.: COD-047-10 4.0 CONCLUSION PAGE 3 4.1 The Municipality currently has unused land adjacent to the Orono Fair Grounds and the Durham Central Agricultural Society has expressed an interest in leasing the land. 4.2 It is recommended that the Municipality enter into a short term lease with a term to coincide with the anniversary date of the existing lease with the DCAS. The lease will be prepared and approved by the Municipal Solicitor. 4.3 Based on the foregoing, Council can decide to continue to renew the lease in conjunction with the Fair Grounds Arena lease or consider the options with respect to the land in time for the expiry of the lease in 2012. 5.0 INPUT FROM OTHER SOURCES 5.1 The report has been reviewed for recommendation by the Purchasing Manager, with the appropriate departments and circulated as follows for: Concurrence: Director of Operations Director of Finance Municipal Solicitor Attachments: Schedule "A", By-law 1496 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010- Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Corporation of the Municipality of Clarington and the Durham Central Agricultural Society for the use of designated lands. 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, an agreement with Durham Central Agricultural Society to implement the recommendations contained in Report COD-047-10; 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 ,2010. By-law read a third time and finally passed this day of ,2010. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk 1497 Unfinished Business CJfJ!il1gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 5, 2010 Resolution #: By-law #: N/A Report #: Addendum 3 to PSD-067-09 File #'s: COPA 2005-008 PLN 31.5.10, ZBA 2005-042, ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004 STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.) AND BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum 3 to Report PSD-067-09 be received; 2. THAT Addendum 3 to Report PSD-067-09 be tabled until the first full meeting of Council, following the municipal election, to allow staff to continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the Official Plan Amendment, Draft Plans of Subdivision and Zoning By-law Amendments; and 3. THAT all interested parties listed in the Addendum 3 to Report to PSD-067-09 and any delegation be advised of Council's decision. Reviewed bya~ .:.~ Franklin Wu, Chief Administrative Officer CP/df 29 June 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 EMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1801 ADDENDUM 3 TO: REPORT PSD-067 -09 PAGE 2 1.0 BACKGROUND 1.1 At a meeting held on June 29, 2009, Council tabled report PSD-067-09 to September 14,2009. The report recommended that the Municipality take the position that the Neighbourhood Design Plan for the North Newcastle Village neighbourhood and the related development applications must incorporate "a restored, naturalized northerly tributary of the Foster Creek within the Newcastle Village North Neighbourhood". An Addendum report was presented to Committee on September 14 and tabled to October 26. In October, it was further tabled to the first Council meeting of 2010. In January the Report was tabled to April 12, 2010. In April, Council tabled the report to July 12, 2010. At that time the solicitors for both parties had a conference call with the OMB and re- scheduled a pre-hearing conference for Friday September 17, 2010. 1.2 In the fall of 2009 the applicants presented staff with a concept that proposed to relocate and daylight a portion of the northern tributary. The concept would continue to pipe the tributary from the point it crosses Arthur Street, southerly along the west boundary of Arthur Street to the vicinity of the southern tributary. From this point, the northern tributary would be daylighted in an east - west open channel to the mid-point of the property where it then runs south, still in an open channel, to the railway outletting at existing culverts under the CPR. . 1.3 This concept was formalized in a revised plan which was received on Friday May 28, 2010 and circulated to various agencies on Tuesday June 1. 1.4 Discussions with staff from Metrus, Smooth Run Developments, confirmed that their priority remains obtaining Final approval and registration of their subdivision application in the Brookhill Neighbourhood of Bowmanville, and both Metrus and the Municipality's staff have been working to this end. 2.0 APPLICATION DETAILS 2.1 This latest submission represents the fifth subdivision submission since applications were originally filed. The following charts summarize the May 2009 and the revised May 2010 submissions for Smooth Run Developments (S-C-2005-003) and Brookfield Homes (S-C-2005-004). . I' . .. " "" "'~ li! "-"'<~ l"tH. \"~1:';/ '\\,:'#W... .. ,<1.Jf ~^ ,.~ ,-. ;"'V~' h '"'yr"'$m"~]'I~'" ""~ ,~~~ '" ::rl(; ~t" ~ '~.T"" '""I'~'~''''""';;:fJtl'C' -~ ,. - . ,~-. "" ',,' , .' _.~" I' ~ r 't' " ,',,, "- ... _.',,';.:, ,,::.. .:":.~.,,:.sE',, .~;h:!IHJ._ ,... .:.:tLJtjrJl~J.!t., : : i.' .'. ~,:;,.,lll, :~11:~ ~ ~ ~ ~',:,,"'j 1'1.) ill h.-, ['J " ' LAND AREA (hal S-C-200S-003 S-C-200S-004 S-C- 20()5-003 .' S''C-200s,,004 Residential including Part 25.51 10.58 20.62 10.55 Lots School 2.35 N/A 2.4 N/A Park and walkway 3.0 0.56 3.95 0.58 Stormwater Manaqement 7.37 N/A 6.41 N/A Open Space N/A N/A 2.55 N/A Possible Reservoir 2.69 N/A 2.17 N/A Future Development 20.04 18.98 22.85 18.98 Roads, Road Widenings and 12.9 4.74 12.91 4.75 Reserves TOTAL 73.86 34.86 73.86 34.68 1802 ADDENDUM 3 TO: REPORT PSD-067 -09 PAGE 3 RESIDENTIAL UNITS including Part Lots and Blocks metres of fronta e 9.8 Link Lots 216 62 136 74 11.6 Sin Ie 139 56 186 72 12.8 Sin Ie 125 NA NA NA 13.1 Sin Ie NA 46 82 48 13.4 Sin Ie 36 14 N/A NA 15.0 Sin Ie 4 4 50 4 18.0 Sin Ie N/A N/A 28 NA 9.8 Ca -End Semi-detached 107 31 N/A N/A Street Townhouse Units 110 80 214 76 TOTAL 737 293 696 274 2.2 As can be seen the unit mix has changed with the revised submissions as has the land area distribution with the introduction of the new Open Space Block which has resulted from the relocation of the west stormwater management pond. The applicant has not submitted a revised Neighbourhood Design Plan (NDP) consistent with the revised proposed draft plans of subdivision. Based on the policies of the Official Plan a NDP is required for the North Newcastle Neighbourhood prior to approval of applications for draft plan approval. 3.0 AGENCY COMMENTS 3.1 At this time comments remain outstanding from a number of the circulated agencies including; the Region of Durham Works and Planning Departments, and St. Lawrence and Hudson Railway. 3.2 Engineering Services staff has completed their initial review of the revised proposal and advised that the following studies or information are required to review the revised submission: · a revised Transportation Study must be submitted which reflects the current neighbourhood plan; · a revised Functional Servicing Plan is required; · a revised on-street parking plan is required; and · a Stormwater Management Implementation Report providing for the sequential construction of the stormwater management works necessary for the watershed and addressing the impacts of developing this plan of subdivision in the absence of the balance of the watershed. 3.3 Similar to Engineering Service, GRCA staff advised that the following documents are required to complete the review of the revised proposals: 1803 ADDENDUM 3 TO: REPORT PSD-067 -09 PAGE 4 . a geomorphic assessment and restoration design illustrating that the block is appropriately sized to accommodate a channel designed to natural channel specifications; and . a revised Functional Servicing Report. 4.0 STAFF COMMENTS 4.1 Earlier this year when the pre-hearing was re-scheduled for September 17, 2010, it was envisioned that revised submissions and supporting documentation would be forthcoming shortly. As a result of soil issues resulting from an investigation completed earlier this year, a re-design of the stormwater management pond location was necessary. This delayed the revised submission to the end of May. 4.2 One of staff's key concerns outlined in PSD-067 -09 related to daylighting the northerly tributary on the Smooth Run lands as recommended in the Foster Creek Subwatershed Study. The watercourse is currently piped/tile drained from where it enters the property on the west side of Arthur Street to just north of the CPR line. The revised application contains a proposed daylighting channel as described in Section 1.2 of the report. Clarington Planning and Engineering staff together with staff from the GRCA generally concur that the proposed channel identified as Block 436, satisfies the intent of the daylighting requirement for the northerly tributary as contained in the original recommendation of report PSD-067-09. However, the supporting documentation and details on the design of the channel and the width of the block has not been presented for review by Clarington or GRCA staff. 4.3 The revised plans have significantly changed the unit mix for the development. The impacts of the proposed revisions to the unit mix and design have not been thoroughly reviewed and discussed in detail with the applicants. In consideration of the additional information required, the number of issues currently outstanding, staff commitments over the next three months including the preparation for and attendance at a 3 week OMB hearing on a different matter in September and Council's meeting schedule, preparing a recommendation report to approve the various applications prior to the September 17 pre-hearing is not feasible. 5.0 CONCLUSION 5.1 It is recommended that staff continue to work with the applicants to finalize the outstanding issues once the required supporting documentation is received, including preparation of a recommendation on the official plan amendment, draft plans of subdivision and zoning by-law amendments, and that PSD-067 -09 be tabled until the first full meeting of Council, following the municipal election, to allow this to happen. Staff Contact: Carlo Pellarin 1804 ADDENDUM 3 TO: REPORT PSD-067-09 PAGE 5 List of interested parties to be notified of Council's decision: Smooth Run Developments Inc. Brookfield Homes Ontario Limited Roslyn Houser, Goodmans Bryce Jordan, Sernas Associates Doug and Bridgette Rombough Rev. Robert Brouwer Steve Holliday Hugh Allin Anthony Jones Helen Judolin Heather Dowing Patricia Simiele Robert MacDonald Cory Geddes Jerry Reffosco Joanne Raymond Mark Veneziano Rob Franssen Jason Gibson Steve Wilson Ganaraska Region Conservation Authority 1805 CfnLiggron MEMO CLERK'S DEPARTMENT To: From: Date: Subject: Mayor Abernethy and Members of Council Anne Greentree, Deputy Clerk July 2,2010 GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - JULY 5, 2010 - UPDATE Please be advised of the following amendments to the GPA agenda for the meeting to be held on Monday, July 5, 2010: 6. DELEGATIONS See attached Final List. (Attachment #1) 8. PLANNING SERVICES DEPARTMENT a) Please be advised that the applicant for the Removal of Holding Symbol as detailed in Report PSD-089-1 0 is F & I Gateway Investments Inc. b) Correction - Attachment 2 to Report PSD-087 -10 should be labelled as such and not as Attachment 2 to PSD-086-10. c) Correction - Report PSD-086-10, Attachment #6 Page 3 Section 14.6.42 (d) should read: "For the purpose of establishing regulations for each Link Townhouse or Stacked Townhouse dwelling unit, the following specific regulations shall apply as if each unit is located on a lot: ..." 18. UNFINISHED BUSINESS a) Correction - Addendum 3 to Report PSD-067-10 On page 2 of the Report (page 1802 ofthe Agenda), the total stated for May 2010 Submission Land Area S-C-2005-004 should be "34.86", not "34.68". CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO PAGE 2 CLERK'S DEPARTMENT MEMO PAGE 2 20. COMMUNICATIONS 1) Trina Fitzpatrick & Dan Layman and family strongly disagreeing with the proposed zoning change on 1 Hartwell Drive, indicating that the three-storey building backs onto their property and they are concerned with the impact the development will have on their property with potential lighting, loss of privacy, noise, increased traffic, drainage and impaired site lines; suggesting that the development is too large for the property and that if approved, it be contained at the 500 sq m originally zone and moved to the area where the parking lot is proposed. AG/cf cc: F. Wu, Chief Administrative Officer Department Heads Update Memo Attachment 1 to Update Memo FINAL LIST OF DELEGATIONS GPA Meeting: July 5, 2010 (a) Kevin Anyan, Regarding Rotary Ribfest Update (b) Michael Hackenberger, Bowmanville Zoo, Regarding Report PSD-086-10, Regarding Report PSD-086-10, Regarding Proposed Official Plan Amendment, Proposed Zoning By-Law Amendment, Proposed Fence By- law Amendment and Proposed Draft Plan of Subdivision to Permit the Development of 541 Residential Units, to Delete a Public Elementary School Symbol and Increase the Medium and Low Density & Total Units in the Neighbourhood (c) Bob Schickedanz, Regarding Report PSD-086-10, Regarding Report PSD-086-10, Regarding Proposed Official Plan Amendment, Proposed Zoning By-Law Amendment, Proposed Fence By-law Amendment and Proposed Draft Plan of Subdivision to Permit the Development of 541 Residential Units, to Delete a Public Elementary School Symbol and Increase the Medium and Low Density & Total Units in the Neighbourhood (d) Garnet Armitage, Regarding Report PSD-090-10, Regarding Proposed Official Plan and Zoning By-Law Amendment to Permit a Restaurant with a Drive-Through Facility and a Fuel Bar with a Convenience Store and a Car Wash Facility (e) Heather Rutherford - Wind Turbines HANDOUTS/CIRCULA TIONS GPA REPORT COD.045.10 ATTACHMENT - SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION Existing By-Law THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006-127 being a By-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington, and to repeal By-law No. 94-129. WHEREAS the purpose of this By-law is to provide authority and rules to conduct purchasing and disposal transactions to satisfy the needs of The Corporation of the Municipality of Clarington, The Corporation of the Municipality of Clarington hereby enacts as follows: 1. DEFINITIONS ACQuisition - means the process for obtaining Goods and/or Services for use whether on a permanent or on a temporary basis. Authorized Sianature - shall_mean the approval of a person who is authorized to approve purchase requisitions and invoices on behalf of the Corporation conforming to the limits of the signing authority for the Cost of the required Goods and/or Services as shown on the record maintained by the Treasurer. Page 1 of 39 Proposed Changes THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 201 O-XX being a By-law to provide for purchasing and tendering policies and procedures applying to the purchase of all types of Goods and/or Services by The Corporation of the Municipality of Clarington, and to repeal By-law No. 2006-127. WHEREAS the purpose of this By-law is to provide authority and rules to conduct purchasing and disposal transactions to satisfy the needs of The Corporation of the Municipality of Clarington, AND WHEREAS fair and open competition is a basic tenet of public procurement; AND WHEREAS the Municipality of Clarington is committed to ensuring its procurement decisions are fair, open and transparent; AND WHEREAS the Municipality has a centralized purchasing function in the Corporate Services Department, responsible for acquisition of Goods and/or Services and disposal of surplus Municipal assets; The Corporation of the Municipality of Clarington hereby enacts as follows: 1. DEFINITIONS ACQuisition - means the process for obtaining Goods andlor Services for use whether on a permanent or on a temporary basis. Authorized Sianature - shall_mean the approval of a person in any department who is authorized to approve purchase requisitions and invoices on behalf of the Corporation conforming to the limits of the signing authority for the Cost of the required Goods and/or Services as shown on the record maintained by the Treasurer. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Bid - includes a Proposal, a Quotation or a Tender. Bidder - is the person who_responds to the Bid Solicitation and includes that person's heirs, executors, administrators, successors and assigns. Bid Solicitation - means a request by the Corporation for Bids for the provision of Goods and/or Services which may be made informally and verbally or in writing where the estimated Cost of the Goods and/or Services is Twenty Thousand ($20,000.00) Dollars or less, provided that where the estimated Cost of the Goods and/or Services is in excess of Twenty Thousand ($20,000.00) Dollars, the Bid Solicitation shall be made formally and in writing in the form of a Request for Quotation, Request for Tender or Request for Proposal. Chief Administrative Officer - means the Chief Administrative Officer of the Corporation appointed by Council. Clerk - means the Municipal Clerk of the Corporation appointed by Council. Committee - means the General Purpose and Administration Committee of Council. Contract - means a binding agreement between two or more parties one of whom is the Corporation. Consultina and Professional Services - shall mean services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, brokers, soil consultants, real estate appraisers, Ontario land surveyors, and any other consulting and professional services not specifically otherwise noted. The term does not include any consulting and professional services referred to in Appendix "A" attached to and forming part of this By-law. Co-operative Purchasina - means the participation of the Corporation with one or more public agencies, school board, or hospital, in a Bid Solicitation. Corporation - means The Corporation of the Municipality of Clarington Page 2 of 39 Bid - includes a Proposal, a Quotation or a Tender. Bidder - is the person who responds to the Bid Solicitation and includes that person's heirs, executors, administrators, successors and assigns. Bid Solicitation - means a request by the Corporation for Bids for the provision of Goods and/or Services which may be made informally and verbally or in writing in accordance with the limits established in this by-law. Formal Bid Solicitation shall be made in writing in the form of a Request for Quotation, Request for Tender or Request for Proposal. Chief Administrative Officer - means the Chief Administrative Officer of the Corporation appointed by Councilor designate. Clerk - means the Municipal Clerk of the Corporation appointed by Councilor designate. Committee - means the General Purpose and Administration Committee of Council. Contract - means a binding agreement between two or more parties one of whom is the Corporation. Consultina and Professional Services - shall mean services provided by architects, engineers, designers, environmental consultants, surveyors, management and financial consultants, banking and audit services, brokers, soil consultants, real estate appraisers, Ontario land surveyors, web design and any other consulting and professional services not specifically otherwise noted. The term does not include any consulting and professional services referred to in Appendix "AI! attached to and forming part of this By-law. Co-operative Purchasina - means the participation of the Corporation with one or more public agencies, school board, or hosoital, in a Bid Solicitation. Corporation - means The Corporation of the Municipality of Clarinaton REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Cost - means the actual price of Acquisition, including all applicable custom duties and taxes other than Goods and Services Tax and Federal Sales Tax unless otherwise specified in the Request for Tender, Request for Proposal or Request for Quotation and freight charges, less term discounts. Council - means the Council of the Corporation. Departments - means the Departments of the Corporation which comprise the Finance/Treasury, Clerk's, Emergency and Fire Services, Community Services, Operations, Engineering Services, Corporate Services and Planning Services Departments. Desianated Official - means the head of each Department of the Corporation appointed by Council, or the person(s) shown on a record maintained by the Treasurer to be authorized or assigned by the head of a Department to administer the procedures and to exercise the powers set out in this By-law on behalf of the Corporation. Director of Corporate Services - means the Director of Corporate Services appointed by Council. Electronic Advertisina - means the use of a computer based system directly accessible by suppliers of Goods and/or Services irrespective of their location that provides suppliers with information related to Bid Solicitations. Emeraencv - means a situation or the threat of an impending situation determined by a head of a Department or a Designated Official of a Department to be one where the immediate lease or purchase of Goods and/or Services is essential to prevent serious delays, or damage to a basic service, or to maintain or restore a basic service provided by the Corporation. Page 3 of 39 Cost - means the actual price of Acquisition, including all applicable custom duties and taxes other than Goods and Services Tax and Federal Sales Tax unless otherwise specified in the Request for Tender, Request for Proposal or Request for Quotation and freight charges, less term discounts. Council - means the Council of the Corporation Departments - means the Departments of the Corporation identified on the annual organization charts and reflected in the prevailing budget. Department Head - means the Director of the Departments or designate. Desianated Official - Means the Manager of the Division or Branch within the Department of Corporate Services who, under the direction of the Department Head, is assigned the duties, powers and responsibilities relating to the Municipalities Centralized Purchasing Program as set out in this by-law, who may be referred to as Purchasing Manager. Director of Corporate Services - means the Director of Corporate Services appointed by Council. Dollar Limits (Threshold) - means the unit cost or aggregate cost of goods and or services as defined, net of tax rebates. Electronic Advertisina - means the use of a computer based system directly accessible by suppliers of Goods and/or Services irrespective of their location that provides suppliers with information related to Bid Solicitations. Emeraencv - means a situation or the threat of an impending situation determined by the Chief Administrative Officer and/or a head of a Department to be one where the immediate lease or purchase of Goods and/or Services is essential to prevent serious delays, or damage to a basic service, or to maintain or restore a basic service provided by the Corooration. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Goods and/or Services - means anyone or more of supplies, personal property, construction materials, construction services, insurance, employee benefits, construction, maintenance and service contracts. The term does not include Consulting and Professional Services, and the goods and services listed in Appendix "A" to this By-law. It also does not include the services provided pursuant to the TSH Agreement referred to in Appendix "A" to this By-law. In House Bid - means a Bid made by a Department or Local Union or Association authorized by the Chief Administrative Officer to make a Bid, submitted in response to a Bid Solicitation, where the provision of Goods and/or Services will be provided by the employees of the Corporation in competition with external entities for procurement opportunities. Instructions to Bidders - means the instructions given to prospective Bidders in a Bid Solicitation. Local Bid - shall mean a Bid submitted by a Bidder who operates a business within the Municipality of Clarington and which Bid is in accordance with all applicable provincial statues and regulations, regulations of Local Boards, and By-laws of the Cor oration. Local Boards - means any board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or u oses of a munici ali . Number - words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word inter reted in the sin ular number has a Page 4 of 39 Exoressions of Interest - "request for expression of interest" is a focused market research tool used to determine vendor interest in a proposed procurement. It may be issued simultaneously with a Request for Qualifications when the proposed procurement is well defined and the purchaser has clear expectations for the procurement. Goods and/or Services - means anyone or more of supplies, personal property, construction materials, construction services, insurance, employee benefits, construction, maintenance and service contracts or any other goods or services required and not excluded by Appendix '~ ". The term does not include Consulting and Professional Services, and the goods and services listed in Appendix "A" to this By-law. It also does not include the services provided pursuant to the AECOM Canada Ltd. Agreement referred to in Appendix "A" to this By-law. In House Bid - means a Bid made by a Department or Local Union or Association authorized by the Chief Administrative Officer to make a Bid, submitted in response to a Bid Solicitation, where the provision of Goods and/or Services will be provided by the employees of the Corporation in competition with external entities for procurement opportunities. Instructions to Bidders - means the instructions given to prospective Bidders in a Bid Solicitation. Local Bid - shall mean a Bid submitted by a Bidder who operates a business within the Municipality of Clarington and which Bid is in accordance with all applicable provincial statues and regulations, regulations of Local Boards, and By-laws of the Cor oration. Local Boards - means any board, commission, committee, body or local authority established or exercising, any power or authority under any general or special Act with respect to any of the affairs or ur oses of a munici ali . Number - words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the sin ular number has a corres ondin meanin REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION corresponding meaning when used in the plural. Person - means an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and their heirs, executors, administrators, successors and assigns. Personal Purchase - means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation, which is not required for the purposes of the Corporation but is for the benefit and use of the Person requesting the purchase. Preaualification - means a procedure whereby a prospective Bidder satisfies the Corporation that he or she is capable of supplying the Goods and/or Services in question as a condition of being allowed to submit a Tender or Proposal. Professional and Consultina Services - includes the services provided by: architects, brokers, and/or lawyers, and any other consulting and professional services rendered on behalf of the Corporation. Proposal - means an offer from a Bidder to provide Goods and/or Services, acceptance of which may be subject to further negotiation. It is the response submitted to a Request for Proposal. Purchase Order - means a written Contract to purchase Goods and/or Services, or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager. Purchasina Card - means a credit card issued by the Designated Official of the Corporate Services Department in accordance with the Purchasing Card Policy to Purchase Goods and/or Services. Purchasina Manaaer - means the Purchasing Manager of the Corporation or the Director of Corporate Services, or his designate appointed by Council. Page 5 of 39 when used in the plural. Person - means an individual, association, firm, partnership, corporation, union, trust, organization, trustee or agent, and their heirs, executors, administrators, successors and assigns. Personal Purchase - means a purchase of Goods and/or Services requested by an elected official, an appointed official or by any other employee of the Corporation, which is not required for the purposes of the Corporation but is for the benefit and use of the Person requesting the purchase. Preaualification - means a procedure whereby a prospective Bidder satisfies the Corporation that he or she is capable of supplying the Goods and/or Services in question as a condition of being allowed to submit a Tender or Proposal. Professional and Consultina Services - includes the services provided by: architects, brokers, and/or lawyers, and any other consulting and professional services rendered on behalf of the Corporation. Proposal - means an offer from a Bidder to provide Goods and/or Services, acceptance of which may be subject to further negotiation. It is the response submitted to a Request for Proposal. Purchase Order - means a written Contract to purchase Goods and/or Services, or a written acceptance of a Proposal, issued on forms prescribed by the Purchasing Manager. Purchasina Card - means a credit card issued by the Designated Official of the Corporate Services Department in accordance with the Purchasing Card Policy to Purchase Goods and/or Services. Purchasina Manaaer - means the Purchasing Manager, (also referred to as the Designated Official in this by-law) of the Corporation, or the Director of Corporate Services, or his designate and authorized to act as an agent of the Municipality in all matters pertaining to that function as set out in this by-law, and shall have the authority to approve administrative procedures, and standard practices and forms to imolement this bv-Iaw. The Purchasina Manaaer is REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Purchasina Procedures Manual - means the Purchasing Procedures Manual included in the Corporate Services Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Quotation - means an offer from a Bidder to sell Goo~s and/or Services to or to buy them from the Corporation at a specified rate or Cost. A Quotation may be made in response to a Request for Quotation, or otherwise. Record of Received and Opened Tenders- means the written record maintained by the Clerk on which when Bids are received and opened in response to a Request for Tender, the Clerk records the names of the Bidders and the amounts of the Bids. The record is signed by the Clerk or a designate and the Purchasing Manager or a designate. Reaional Bid - shall mean a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham. Page 6 of 39 authorized to issue Requests for Tenders, Proposals and Quotation documents, Requests for Pre- qualifications of Bidders, Requests for Information, Expressions of Interest and sign purchase orders, contracts and agreements as necessary in order to acquire goods and services in accordance with this By-law. The Purchasing Manager with the approval of the Department Head, may designate one or more persons within the Department of Corporate Services to act as his/her designate(s) for the purpose of issuing Request for Tenders, Proposals and Quotations, Request for Pre-qualifications, Requests for Information, Expressions of Interest documents and signing purchase orders, contracts or agreements in accordance with this by-law. Purchasina Procedures Manual - means the Purchasing Procedures Manual included in the Corporate Services Department Procedures Manual outlining all daily procedures related to the procurement of goods and services. Quotation - means an offer from a Bidder to buy from o(sell Goods and/or Services to the municipality. Record of Received and Opened Tenders - means the written record maintained by the Clerk on which when Bids are received and opened in response to a Request for Tender, the Clerk records the names of the Bidders and the amounts of the Bids. The record is signed by the Clerk or a designate and the Purchasing Manager or a designate. Similar records will be recorded and maintained within the Corporate Services Department for Formal Quotation, RFP and other relevant bid process. Reaional Bid - shall mean a Bid submitted by a Bidder who operates a business within the Regional Municipality of Durham Reauest for Information is used prior to issuing a tender call as a general market research tool to determine what products and services are available, scope out business requirements, and/or estimate project costs. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Reauest for Proposal - is a form of Bid Solicitation whereby the Corporation invites a certain individual(s) or an identified supplier to submit Proposals with respect to a particular project, or the supply of Goods and/or Services, which the Purchasing Manager in consultation with the Designated Official of the requesting Department deems to be appropriate because acceptance of any Bids resulting from the Request for Proposal may be dependent on non- price factors which may require negotiations between a Bidder and the Corporation before a Contract is made between them. Reauest for Quotation - is a form of Bid Solicitation whereby the Corporation requests Cost Quotations with respect to a particular project or the Acquisition of particular Goods and/or Services. In the case of a Bid Solicitation for the provision of Goods and/or Services with an estimated Cost of Twenty Thousand ($20,000.00) Dollars or less, the Bid Solicitation may be informal and made verbally or in writing. In the case of a Bid Solicitation for the provision of Goods and/or Services with an estimated Cost in excess of Twenty Thousand ($20,000.00) Dollars, the Bid Solicitation shall be formal and made in writing. Reauest for Tender - is a form of Bid Solicitation whereby the Corporation publishes the specifications, terms, conditions and any and all details concerning the proposed Contract, and advertises for, or invites prospective Bidders to submit sealed Bids in accordance with detailed published procedures. Responsive and Responsible Bidder - is a Person responding to a Bid Solicitation who complies with its provisions by being responsive to the specifications, and the contractual terms and conditions that are provided to him, and who can reasonably be expected to provide satisfactory performance of the proposed Contract based on his reputation, references, performance on previous contracts, and proof of sufficiency of financial and other resources. Senior Buver - shall mean the Senior Buyer of the Corporation appointed by Council. Page 7 of 39 Reauest for Proposal - is a form of Bid Solicitation whereby the Corporation invites a certain individual(s) or an identified supplier to submit Proposals with respect to a particular project, or the supply of Goods and/or Services, which the Purchasing Manager in consultation with the Department Head of the requesting Department deems to be appropriate because acceptance of any Bids resulting from the Request for Proposal may be dependent on non- price factors which may require negotiations between a Bidder and the Corporation before a Contract is made between them. Reauest for Quotation - is a form of Bid Solicitation whereby the Corporation requests Cost Quotations with respect to a particular project or the Acquisition of particular Goods and/or Services, within the limits established by this by-law. Reauest for Tender - is a form of Bid Solicitation whereby the Corporation publishes the specifications, terms, conditions and any and all details concerning the proposed Contract, and advertises for, or invites prospective Bidders to submit sealed Bids in accordance with detailed published procedures. Responsive and Responsible Bidder - is a Person responding to a Bid Solicitation who complies with its provisions by being responsive to the specifications, and the contractual terms and conditions that are provided to him, and who can reasonably be expected to provide satisfactory performance of the proposed Contract based on his reputation, references, performance on previous contracts, and proof of sufficiency of financial and other resources. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Tender - means an offer received from a Bidder of Goods and/or Services in response to a Request for Tender, the acceptance of which will result in the formation of a binding Contract between the Corporation and the Person submitting the Tender. Treasurer - means the Director of Finance/Treasurer appointed by Council. TSH Aareement - means the agreement between the Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1, 1993. 2. INTERPRETATION 2.1 Gender - Words imparting the male or female gender include other genders including the neutral gender, where the context so implies. 2.2 Number - Words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the singular number has a corresponding meaning when used in the plural. 3. PURPOSE, GOALS AND OBJECTIVES 3.01 The purpose, goals and objectives of the By- law and of each of the methods of procurement authorized are: a) To encourage competition among suppliers; Page 8 of 39 Tender - means an offer received from a Bidder of Goods and/or Services in response to a Request for Tender, the acceptance of which will result in the formation of a binding Contract between the Corporation and the Person submitting the Tender. Treasurer - means the Director of Finance/Treasurer appointed by Council. A ECOM Aareement - means the agreement between the Corporation and AECOM Canada Limited dated September 1, 2008. Unbalanced Bid - means a mathematically unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question; and/or A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the Municipality. Consequently, a materially unbalanced bid may be rejected. 2. INTERPRETATION 2.1 Gender - Words imparting the male or female gender include other genders including the neutral gender, where the context so implies. 2.2 Number - Words imparting the singular number include more Persons, parties or things of the same kind than one, and the reverse. A word interpreted in the singular number has a corresponding meaning when used in the plural. 3. PURPOSE. GOALS AND OBJECTIVES 3.01 The purpose, goals and objectives of the By- law and of each of the methods of procurement authorized are: a) To encourage competition among suppliers; REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION b) To maximize savings for taxpayers; b) c) To procure the required quality and c) quantity of Goods and/or Services in the most efficient and cost effective manner possible in the circumstances; d) To ensure fairness among Bidders; and e) To ensure openness, accountability and transparency while protecting the financial best interests of the Corporation. 4. COUNCIL RECESS PROCEDURES Where a matter which would have otherwise been submitted to Council pursuant to this By-law, requires approval during any of Council's recesses, the Chief Administrative Officer, the Treasurer, the Director of Corporate Services or their designates or the Designated Officials for the relevant requesting Department in the absence of the above shall be authorized to award Contracts which are the result of a Request for Tender, where the recommended Bid is made by the lowest Responsive and Responsible Bid/Quotation or is a Proposal in response to a Request for Proposal where the recommended Proposal is that of the highest ranked scoring proponent, provided that the price does not exceed the approved budget allocation, and at least two of the above noted officials, one of whom must be the Chief Administrative Officer or his designate, have authorized the award. The Purchasing Manager will report all such awards following the specific recess period to a meeting as soon as possible of the Committee after the conclusion of the recess in question, and then to Council. Any exception to the above provisions of this paragraph requires the prior speCific written approval of the Treasurer. Page 9 of 39 To maximize savings for taxpayers; To procure the required quality and quantity of Goods and/or Services in the most efficient and cost effective manner possible in the circumstances; d) To ensure fairness among Bidders; and e) To ensure openness, accountability and transparency while protecting the financial best interests of the Corporation. 4. COUNCIL RECESS PROCEDURES Where a matter which would have otherwise been submitted to Council pursuant to this By- law, requires approval during any of Council's recesses including elections, the Chief Administrative Officer, the Treasurer, the Director of Corporate Services or their designates or the Department Heads for the relevant requesting Department in the absence of the above shall be authorized to award Contracts which are the result of a Request for Tender, where the recommended Bid is made by the lowest Responsive and Responsible Bid/Quotation or is a Proposal in response to a Request for Proposal where the recommended Proposal is that of the highest ranked scoring proponent, provided that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department, and at least two of the above noted officials, one of whom must be the Chief Administrative Officer or his designate, have authorized the award. The Purchasing Manager will report all such awards following the specific recess period to a meeting of the Committee as soon as possible after the conclusion of the recess in question, and/or then to Council. Any exception to the above provisions of this paragraph requires the prior specific written approval of the Treasurer. Council will not vary any action or decision of the contract awards made by the Chief Administrative Officer or the above process in such cases. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 10 of 39 5. PRE-QUALIFICATION PROCESS Subject to contrary direction by Council, where in the opinion of the Purchasing Manager, Prequalification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been prequalified pursuant to this By-law. 6. PURCHASING CARDS Purchasing Cards may be used for all purchases less than $750.00 or where the Goods and/or Services do not fall under the requirements of the By-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and the Director of Corporate Services and at the request of the Department Head. The Purchasing Manager is responsible for the program outlined in the Corporation's Purchasing Card Policy as approved by Council. 7. IN-HOUSE BIDS In House Bids may be used for the procurement of Goods and/or Services in circumstances where the Chief Administrative Officer considers it appropriate to do so. The Corporation does . not consider any comparison done by management of the Corporation for cost analysis purposes of internal and external services to be an in-house Bid. 8. BY-LAW REVIEW The Purchasing Manager in consultation with appropriate staff of the Corporation shall conduct a detailed review of the Purchasing By-law on an as required basis, but not later than five (5) years following the passing by Council of the current By-law. The Purchasing Manager shall recommend any revisions to Council for consideration. 9. REJECTION OF BIDS In a Request for Proposal, Request for Quotation and Reauest for Tender, the 5. PRE-QUALIFICATION PROCESS Subject to contrary direction by Council, where in the opinion of the Purchasing Manager, Prequalification is required, the Contract, if awarded at all, must be awarded to the lowest Responsive and Responsible Bidder who has been prequalified and matches the tender requirements pursuant to this By-law. 6. PURCHASING/ CREDIT CARDS Purchasing Cards may be used for all purchases as defined in the Purchasing Card Policy where the Goods and/or Services do not fall under the requirements of the By-law. Purchasing Cards are issued on an as needed basis upon approval of the Purchasing Manager and the Director of Corporate Services and at the request of the Department Head. The Purchasing Manager is responsible for the program outlined in the Corporation's Purchasing Card Program. 7. IN-HOUSE BIDS In House Bids may be used for the procurement of Goods and/or Services in circumstances where the Chief Administrative Officer considers it appropriate to do so. The Corporation does not consider any comparison done by management of the Corporation for cost analysis purposes of internal and external services to be an in- house Bid. In house bids may be made by an internal Union or Association and will be subject to the conditions of this by-law. 8. BY-LAW REVIEW The Purchasing Manager in consultation with appropriate staff of the Corporation shall conduct a detailed review of the Purchasing By-law on an as required basis, or approximately five (5) years following the passing by Council of the current By-law. The Purchasing Manager shall recommend any revisions to Council for consideration. 9. REJECTION OF BIDS In a Request for Proposal, Request for Quotation and Request for Tender, the REPORT COD-045-1 0 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Corporation shall reserve the right to reject a Bid from any Bidder based on the following considerations: . a Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder; . a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation; and . a Bidder is not in compliance with the Corporation's Corporate Policies and by-laws including Property Standards By-law. 1 O. NEGOTIATIONS 10.01 Alternative to Bid Solicitation - In place of a Bid Solicitation, purchase by negotiation, except as otherwise provided in a Request for Tender, Request for Proposal or Request for Quotation in which case in accordance with the Request for Tender, Request for Proposal or Request for Quotation may be undertaken by the Corporation when, in the judgement of the Designated Official of the requesting Department and the Purchasing Manager, any of the following conditions apply: (a) when, due to market conditions, Goods and/or Services are in short supply; (b) where the sources of supply of Goods and/or Services are restricted to the extent that there is not effective price competition, and consideration of substitutes is precluded due to any of the following: (i) the purchase involves a type of Goods and/or Services for which there is no reasonable substitute or Page 11 of 39 Corporation shall reserve the right to reject a Bid from any Bidder based on the following considerations: . a Bidder or a subcontractor of a Bidder has an outstanding legal action against the Corporation, or the Corporation has an outstanding legal action against a Bidder or a subcontractor of the Bidder including Arbitration or any Association or Union issues; . a Bidder owes money including, but not limited to outstanding property taxes owed to the Corporation; and . a Bidder is not in compliance with the Corporation's Corporate Policies and by- laws including Property Standards By-law. . A bidder has provided unsatisfactory products and/or services to the Municipality and subsequently had an agreement or service contract cancelled or terminated. 10. NEGOTIATIONS 10.1 Alternative to Bid Solicitation - In place of a Bid Solicitation, purchase by negotiation, except as otherwise provided in a Request for Tender, Request for Proposal or Request for Quotation in which case in accordance with the Request for Tender, Request for Proposal or Request for Quotation may be undertaken by the Corporation when, in the judgement of the Department Head of the requesting Department and the Purchasing Manager, any of the following conditions apply: (a) when, due to market conditions, Goods and/or Services are in short supply; (b) where the sources of supply of Goods and/or Services are restricted to the extent that there is not effective price competition, and consideration of substitutes is precluded due to any of the following: (i) the purchase involves a type of Goods and/or Services for which there is no reasonable substitute or competitive product; REPORT COD-045-10 ATTACHMENT. SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 12 of 39 competitive product; (ii) the purchase involves a component or replacement part for which there is no substitute; (iii) the purchase involves a type of Goods and/or Service for which compatibility with an existing product is the overriding consideration; (iv) the purchase involves Goods and/or Services only in accordance with standards adopted by Council which are not incorporated in this By-law; or (v) in other situations specifically authorized by Council; (ii) the purchase involves a component or replacement part for which there is no substitute; (iii) the purchase involves a type of Goods and/or Service for which compatibility with an existing product is the overriding consideration; (iv) the purchase involves Goods and/or Services only in accordance with standards adopted by Council which are not incorporated in this By-law; or (v) in other situations specifically authorized by Council; (c) where the Bid, Quotation or Proposal from the lowest Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or a Request for Quotation substantially exceeds the Corporation's estimated cost of the Goods and/or Services; (d) when no Bid, Quotation or Proposal from a Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or Request for Quotation is received and it is impractical to issue a further Request for Tender, Request for Quotations or Request for Proposal; (e) when the extension or reinstatement of an existing Contract would prove most cost-effective or beneficial to the Corporation; (f) when the terms and conditions of a Proposal provide for negotiation with the selected proponent of any minor changes to the Proposal received; or (g) consulting services referred to in paragraph 15.15(a). (c) where the Bid, Quotation or Proposal from the lowest Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or a Request for Quotation substantially exceeds the Corporation's estimated cost of the Goods and/or Services; (d) when no Bid, Quotation or Proposal from a Responsive and Responsible Bidder received through a Request for Tender, Request for Proposal or Request for Quotation is received and it is impractical to issue a further Request for Tender, Request for Quotations or Request for Proposal; (e) when the extension or reinstatement of an existing Contract would prove most cost- effective or beneficial to the Corporation; (f) when the terms and conditions of a Proposal provide for negotiation with the selected proponent of any minor changes to the Proposal received; or (g) consulting services referred to in paragraph 15.15(a) of this by-law. 10.02 Neootiations Provided for in Tender Documents - In the case of a Request for Tender for a construction project, negotiations shall be conducted in accordance with the C.C.D.C. Document 23 published by the Canadian Construction Association where expressly required by the provisions of a Request for 10.2 Neootiations Provided for in Tender Documents -In the case of a Request for Tender for a construction project, negotiations shall be conducted in accordance with the Canadian Construction Documents Committee (C.CD.C.) Document 23 published by the Canadian Construction Association where expressly required by the orovisions of a Request for Tender. REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Tender. 11. PURCHASE BY NEGOTIATION When any of the conditions in section 10.01(a) to (g) apply, the Purchasing Manager may, in consultation with Designated Official of the Department which requests the Acquisition, negotiate, make, extend or reinstate a Contract for the supply of Goods and/or Services. In the event that the Cost of such Contract, extension or reinstatement exceeds Seventy-Five Thousand ($75,000.00) Dollars, the Purchasing Manager in consultation with the initiating Designated Official, shall prepare a report and recommendation to an appropriate meeting of Committee and Council for approval before a Contract is made with the Corporation. 12. PURCHASE REQUISITIONS 12.01 Each Designated Official of a Department shall submit to the Purchasing Manager a written request in the form of an "electronic purchase requisition" for the requirements of such Designated Official's Department for all Goods and/or Services. The assurance of the allocation of funds in the approved budget and the provision of the appropriate accounting charge number shall be the responsibility of the Designated Official of the particular Department which has requested the Acquisition of the Goods and/or Services in question. 12.02 All electronic purchase requisitions submitted shall also bear an Authorized Signature conforming to the limits of the signing authority for the Cost of the required Goods and/or Services. 13. REQUESTS FOR PRODUCT INFORMATION Requests on behalf of the Corporation may be made by Designated Officials for product and technical information, cataloaues and Page 13 of 39 11. PURCHASE BY NEGOTIATION When any of the conditions in section 10.Q1(a) to (g) of this by-law apply, the Purchasing Manager may, in consultation with Department Head of the Department which requests the Acquisition, negotiate, make, extend or reinstate a Contract for the supply of Goods and/or Services. In the event that the Cost of such Contract, extension or reinstatement exceeds the limits set out in this by-law for reports to Council, the Purchasing Manager in consultation with the initiating Department Head, shall prepare a report and recommendation to an appropriate meeting of Committee and Council for approval before a Contract is made with the Corporation. 12. PURCHASE REQUISITIONS 12.01 Each Department Head of a Department shall submit to the Purchasing Manager a written request in the form of an "electronic purchase requisition" for the requirements of such Department Heads Department for all Goods and/or Services and Consulting and Professional Services where the cost of such Goods and Services and Consulting and Professional Services exceeds One- Thousand Dollars ($1,000.00). The assurance of the allocation of funds in the approved budget and the provision of the appropriate accounting charge number shall be the responsibility of the Department Head of the particular Department which has requested the Acquisition of the Goods and/or Services in question. 12.02 All electronic purchase requisitions submitted shall be approved by Authorized Signatory conforming to the limits of the signing authority for the Cost of the required Goods and/or Services. 13. REQUESTS FOR PRODUCT INFORMATION Requests on behalf of the Corporation may be made by Department Heads for informal non- binding product and technical information, REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION price lists for Goods and/or Services. Each Designated Official will provide the Purchasing Manager with such data, specification details and information relating to the procurement of Goods and/or Services, including the Corporation's approved budget prices. The Purchasing Manager shall obtain all firm and/or estimated prices provided by Bidders. 14. DISPOSAL OF GOODS The disposal of surplus or redundant goods and materials of the Corporation shall be the responsibility of the Purchasing Manager unless otherwise directed by Council. At least once each calendar year, the head or Designated Official of each Department shall provide the Purchasing Manager with that Department's list of surplus or redundant goods and materials. The Purchasing Manager is authorized to determine the appropriate method of disposal of surplus or redundant goods and materials in the particular circumstances. Without limiting the generality of the foregoing, appropriate methods of disposal that may be selected by the Purchasing Manager include but are not limited to sale, Request for Tender, Request for Proposal, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager in his discretion may periodically circulate a list of surplus or redundant goods and materials to all Departments and Local Boards where appropriate. 15. PURCHASING PROCEDURES 15.01 Local Preference - If in the determination of the Purchasing Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. In all other cases, the lowest Bid submitted by the Responsive and Responsible Bidder shall be accepted. Page 14 of 39 catalogues and price lists for Goods and/or Services. Each Department Head will provide the Purchasing Manager with such data, specification details and information relating to the procurement of Goods and/or Services, including the Corporation's approved budget prices. The Purchasing Manager shall obtain all binding/firm and/or estimated prices provided by Bidders. 14. DISPOSAL OF GOODS The disposal of surplus or redundant goods and materials of the Corporation shall be the responsibility of the Purchasing Manager unless otherwise directed by Council. At least once each calendar year, the head or Department Head of each Department shall provide the Purchasing Manager with that Department's list of surplus or redundant goods and materials. The Purchasing Manager is authorized to determine the appropriate method of disposal of surplus or redundant goods and materials in the particular circumstances. Without limiting the generality of the foregoing, appropriate methods of disposal that may be selected by the Purchasing Manager include but are not limited to sale, Request for Tender, Request for Proposal, auction, gratuitous transfer to a Department, Local Board, other municipality or a charity, or by sale to the Corporation's staff by sealed Bid. The Purchasing Manager in his discretion may periodically circulate a list of surplus or redundant goods and materials to all Departments and Local Boards where appropriate. 15. PURCHASING PROCEDURES 15.01 Local Preference - If in the determination of the Purchasing Manager, a competitive market exists and two or more Bids are received which are identical in Cost, provided quality, service and delivery terms are similar, then priority of acceptance shall be first to a Local Bid, if any, and second to a Regional Bid, if any. In all other cases, the lowest Bid submitted by the Responsive and Responsible Bidder shall be accepted. REPORT COD-045-10 ATTACHMENT. SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION The Province of Ontario's Discriminatory Business Practices Act (R.S.O. 1990) has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, arresting, place of origin, sex, or geographical location of persons employed in engaging in business. Therefore, other than noted above, preference to a Local Bid or a Regional Bid for the supply of Goods and/or Services to the Corporation shall not be given. 15.02 Purchase of Goods and/or Services - The following provisions shall apply to the purchase of Goods and/or Services: Subject to any direction that may be given from time to time by Council, the Purchasing Manager shall determin~ the method of Requisition of Goods and/or Services, having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this By-law. The Purchasing Manager, at his discretion, may make Contracts with vendors in the form of: a) term orders; b) standing offer agreements; c) Contract orders; d) service agreement orders; e) systems contracts; f) lease or rental aoreements; Page 15 of 39 The Province of Ontario's Discriminatory Business Practices Act (R.S.O. 1990) has been established to prevent discrimination in Ontario on the grounds of race, creed, colour, nationality, ancestry, place of origin, sex, or geographical location of persons employed in or engaging in business. Therefore, other than noted above, preference to a Local Bid or a Regional Bid for the supply of Goods and/or Services to the Corporation shall not be given. 15.02 In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, acquisitions of goods and services will ensure that, wherever reasonably possible, specifications are amended to provide for expanded use of durable products, reusable products and products (including those used in services) that contain the maximum level of post- consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are made available at competitive prices. 15.03 Purchase of Goods and/or Services - The following provisions shall apply to the purchase of Goods and/or Services: Subject to any direction that may be given from time to time by Council, the Purchasing Manager shall determine the method of Requisition of Goods and/or Services, having regard to the nature, importance or urgency associated with the purchase requisition, subject to the general trade practice, market conditions and the provisions of this By-law. The Purchasing Manager, at his discretion, may make Contracts with vendors in the form of: a) term orders; b) standing offer agreements; c) Contract orders; d) service agreement orders; e) svstems contracts; REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION provided, however, that for individual transactions, the Cost will not exceed either the approved budgetary allocation, or the financial limits established by this By-law. 15.03 Purchase Order - The Acquisition of Goods and/or Services which Cost more than Seven Hundred and Fifty ($750.00) Dollars shall be pursuant to a Purchase Order issued by the Purchasing Manager or the Senior Buyer. 15.04 INFORMAL REQUEST FOR QUOTATION Purchase of Goods areater than Seven Hundred ($750.00) Dollars. but less than Twentv Thousand ($20.000.00) Dollars - Subject to paragraph 15.01, the Purchasing Manager is authorized to make Acquisitions of Goods and/or Services which Cost between Seven Hundred and Fifty ($750.00) Dollars and Twenty Thousand ($20.000.00) Dollars at the lowest available Cost, if (a) a minimum of three separate proposed Costs have been received by the Purchasing Manager. or if (b) three separate proposed Costs, in the opinion of the Purchasing Manager, cannot be obtained as a practical matter having regard to the urgency of the purchase requisition and/or availability of the Goods and/or Services in the marketplace, then such lesser number of proposed Costs as in the opinion of the Purchasing Manager could be obtained, in fact have been obtained, before the Acquisition of the Goods and/or Services in question is completed. 15.05 FORMAL REQUEST FOR QUOTATION Purchasina of Goods Greater than Twentv Thousand ($20.000.00) Dollars. but less than Fiftv Thousand ($50.000.00) Dollars - Subject to compliance with paragraph 15.06, the Purchasing Manager shall be authorized to make Acquisitions of Goods and/or Services which Cost between Twenty Thousand ($20,000.00) Dollars and Fifty Thousand ($50,000.00) Dollars at the Page 16 of 39 f) lease or rental agreements; provided, however, that for individual transactions, the Cost will not exceed either the approved budgetary allocation (and/or provisions of Finance Policy on project over expenditures), or the financial limits established by this By-law. 15.04 Purchase Order - The Acquisition of Goods and/or Services which Cost more than One Thousand ($1,000.00) Dollars shall be pursuant to a Purchase Order issued by the Purchasing Manager or his designate. 15.05 INFORMAL REQUEST FOR QUOTATION Purchase of Goods areater than One Thousand ($1.000.00) Dollars. but less than Twentv-Five Thousand ($25,000.00) Dollars- Subject to paragraph 15.01, the Purchasing Manager is authorized to make Acquisitions of Goods and/or Services which Cost between One Thousand ($1,000.00) Dollars and Twenty-Five Thousand ($25,000.00) Dollars at the lowest available Cost, if (a) a minimum of three separate proposed Costs have been received by the Purchasing Manager, or if (b) three separate proposed Costs, in the opinion of the Purchasing Manager, cannot be obtained as a practical matter having regard to the urgency of the purchase requisition and/or availability of the Goods and/or Services in the marketplace, then such lesser number of proposed Costs as in the opinion of the Purchasing Manager could be obtained, in fact have been obtained, before the Acquisition of the Goods and/or Services in question is completed. 15.06 FORMAL REQUEST FOR QUOTATION Purchasina of Goods Greater than Twentv- Five Thousand ($25.000.00) Dollars. but less than One Hundred Thousand ($100.000.00) Dollars - Subject to compliance with paragraph 15.06, the Purchasing Manager shall be authorized to make Acquisitions of Goods and/or Services which Cost between Twenty-Five Thousand ($25,000.00) Dollars and One Hundred Thousand ($100,000.00) REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION lowest available Cost, provided that: a) at least three formal, written Quotations of Costs are received or clause 15.04(b) is satisfied; b) the lowest Responsive and Responsible Bid received is accepted; and c) documents for all Quotations received are retained for inspection by the Treasurer or appropriate officials of the FinancefTreasury Department for audit purposes. 15.06 Reports to DesiQnated Official. Committee or Council - The Purchasing Manager shall submit a report to the appropriate Designated Official providing a list of written Quotations received with recommendations for award. The Acquisition of Goods and/or Services in this situation will be subject to the Designated Official of the requesting Department's approval. Where the Bid made by the lowest Responsive and Responsible Bidder is not accepted, or where the lowest Responsive and Responsible Bid exceeds the approved budget allocation, the Purchasing Manager shall, in consultation with the appropriate Designated Official of the requesting Department, submit a report to the Committee and/or Council providing a list of written Quotations received with recommendations for award of the Contract. The purchase of Goods and/or Services in this situation shall be subject to the Committee's and/or Council's approval. 15.07 REQUEST FOR TENDER REQUIRED - All purchases not otherwise identified in this By-law which have a Cost in excess of Fifty Thousand ($50,000.00) Dollars shall be made through Request for Tender, unless otherwise directed by Council. Page 17 of 39 Dollars at the lowest available Cost, provided that: a) at least three formal, written Quotations of Costs are received or clause 15.04(b) is satisfied; b) the lowest Responsive and Responsible Bid received is accepted; and c) documents for all Quotations received are retained for inspection by the Treasurer or appropriate officials of the FinancefTreasury Department for audit purposes. 15.07 Reports to Deoartment Head. Committee or Council - The Purchasing Manager shall submit to the appropriate Department Head an analysis listing written Quotations received with recommendations for award. The Acquisition of Goods and/or Services in this situation will be subject to the Department Head of the requesting Department's approval. Where the Bid made by the lowest Responsive and Responsible Bidder is not accepted, or where the lowest Responsive and Responsible Bid exceeds the approved budget allocation or the acceptable over expenditure per Finance Policy, the Purchasing Manager shall, in consultation with the appropriate Department Head of the requesting Department, submit a report to the. Committee and/or Council providing a list of written Quotations received with recommendations for award of the Contract. The purchase of Goods and/or Services in this situation shall be subject to the Committee's and/or Council's approval. 15.08 REQUEST FOR TENDER REQUIRED - All purchases not otherwise identified in this By- law which have a Cost in excess of One Hundred Thousand ($100,000.00) Dollars shall be made through Request for Tender, unless otherwise directed by Council. At the discretion of the Designated Official, in consultation with the Department Head, if it is deemed advantages, due to short supply or time constraints, ore-bids for major REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 15.08 Emerqencv Purchase Order - Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order on behalf of the Operations Department and Emergency and Fire Services Department, may issue an Emergency Purchase Order for vehicle parts necessary to maintain the Corporation's vehicles, subject to the following: a) that the Cost of the Goods and/or Services referred to in each separate order shall not exceed Five Thousand ($5,000.00) Dollars 15.09 Purchase Order Not to be Split - Purchase Orders shall not be split so as to circumvent the established method of purchase and the dollar limits imposed by this By-law. 15.10 Disclosure - Subject to the provisions of The Municipal Freedom of Information and Protection of Privacv Act, RS.O. 1990, Page 18 of 39 components of a project may be obtained in accordance with this By-law. 15.09 Reoetitive Purchases: Notwithstanding Paragraph 15.01 to 15.07, where Purchases are of Goods and/or Services which, in the opinion of the Designated Official, in consultation with the initiating Department Head, are of a routine and repetitive nature, and will cost more than an aggregate of $100,000.00 annually including multi-year contracts at $100,000.00 each year, the Designated Official shall obtain at least three (3) written Bids from suppliers and shall issue a Purchase Order for such Goods and/or Services in accordance with this By-law. Where market conditions are such that price protection cannot be obtained for Goods and/or Services having an annual total value in excess of $100,000.00, the Designated Official shall obtain competitive prices for short term commitments until such time as reasonable price protection and fair market oricina are restored. 15.10 Emerqencv Purchase Order - Under the direction of the Purchasing Manager, a person authorized to make purchases by Purchase Order on behalf of the Operations Department and Emergency and Fire Services Department, may issue an Emergency Purchase Order for vehicle parts necessary to maintain the Corporation's vehicles, subject to the following: a) that the Cost of the Goods and/or Services referred to in each separate order shall not exceed Seven Thousand Five Hundred ($7,500.00) Dollars Moved to section 29 Moved to Section 29 REPORT COD-045-10 ATTACHMENT - SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION Chapter M.56, no Corporation employee nor any member of Council shall provide the Cost Bid for any Goods and/or Services except: (a) in the case of Requests for Tender the total Bid amount; and (b) in the case of sealed Bid submitted in response to a Request for Proposal or a formal Request for Quotation in writing, the total Bid amount shall be provided on request of any person. Notwithstanding this paragraph 15.10, except as otherwise provided in the Municipal Freedom of Information and Protection of Privacy Act all Costs recorded during the opening of Tenders, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the Municipal Act. RS.O., 1990, Chapter MA5. 15.11 Emeroency Purchase - Notwithstanding the provisions of this By-law, the Acquisition of Goods and/or Services in an Emergency may be made by the Purchasing Manager or Senior Buyer. In all such cases, a report shall be filed jointly by the Designated Official of the requesting Department and the Purchasing Manager to the Committee and/or Council, should the Cost of the Acquisition exceeds either the limits established by this By-law for the Acquisition of Goods and/or Services without a Bid Solicitation, or exceeds the Corporation's approved budget allocation for such Acquisition. In the absence of the Purchasing Manager or Senior Buyer, purchases for Emergency purposes may be made by a Designated Official provided that such Acquisitions are confirmed by a Purchase Order issued by the Purchasing Manager, as soon as possible thereafter. 15.12 Co-operative Purchasino - Notwithstanding the provisions of paragraphs 2 to 23, inclusive, of this By-law, Co-ooerative Page 19 of 39 15.11 Emeraencv Purchase - Notwithstanding the provisions of this By-law, the Acquisition of Goods and/or Services in an Emergency, as defined in this by-law, may be made by the Purchasing Manager or. Senior Buyer. In all such cases, a report shall be filed jointly by the Department Head of the requesting Department and the Purchasing Manager to the Committee and/or Council, should the Cost of the Acquisition exceeds either the limits established by this By-law for the Acquisition of Goods and/or Services without a Bid Solicitation, or exceeds the Corporation's approved budget allocation for such Acquisition. In the absence of the Purchasing Manager or Senior Buyer, purchases for Emergency purposes may be made by a Department Head provided that such Acquisitions are confirmed by a Purchase Order issued by the Purchasing Manager, as soon as possible thereafter. 15.12 Co-operative Purchasino - Notwithstanding the provisions of this By-law, Co-operative Purchasing with other municipalities, school REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 20 of 39 Purchasing with other municipalities, school boards, hospitals, or other public agencies shall be utilized, when advantageous and practical. The purchasing by-law and tendering practices of the municipality, school board, hospital or other public agency issuing such T ender( s) shall take precedence over the provisions of this By-law with respect to requesting, receiving and opening of the Tenders. Subsequent to the award of the Contract, paragraphs 24 and 26 of this By- law shall apply. 15.13 Requests for Proposal- Where it has been determined that Requests for Proposal are to be used, the Purchasing Manager shall be authorized to make purchases using the Requests for Proposal for purchases at a Cost which exceeds Fifty Thousand ($75,000.00) Dollars, provided that wherever possible three written Proposals are received, and in consultation with the Designated Official, a report is submitted to the Committee and/or Council providing a list of Proposal amounts received with recommendations for award. The purchase of Goods and/or Services in this manner will be subject to Committee and/or Council approval. Purchase of Goods and/or Services may be made through the use of Requests for Proposal to obtain unique Proposals designed in order to meet broad outcomes to a complex problem or need for which there is no clear or single solution. It is the Corporation's policy generally, to select the Proposal that earns the highest ranked scoring and meets the requirements specified based on qualitative, technical and pricing considerations. boards, hospitals, or other public agencies shall be utilized, when advantageous and practical. The purchasing by-law and tendering practices of the municipality, school board, hospital or other public agency issuing such Tender(s) shall take precedence over the provisions of this By-law with respect to requesting, receiving and opening of the Tenders. Subsequent to the award of the Contract, applicable paragraphs of this By-law shall apply. 15.13 Requests for Proposal - Where it has been determined that Requests for Proposal are to be used, the Purchasing Manager shall be authorized to make purchases using the Requests for Proposal for purchases in accordance with dollar limits and reporting requirements established herein provided that wherever possible three written Proposals are received. Purchase of Goods and/or Services may be made through the use of Requests for Proposal to obtain unique Proposals designed in order to meet broad outcomes to a complex problem or need for which there is no clear or single solution. It is the Corporation's policy generally, to select the Proposal that earns the highest ranked scoring and meets the requirements specified based on qualitative, technical and pricing considerations. When appropriate, Requests for Proposal shall be called by public advertisement and/or invitation to specific proponents. When appropriate, Requests for Proposal shall be called by public advertisement and/or invitation to specific proponents. Request for Proposal must be submitted in the prescribed form and delivered to the Purchasing Manager's Office prior to the closing time and date established for the submission of Proposals. All Proposals received after the closing time and date shall be rejected. Request for Proposal must be submitted in the prescribed form and delivered to the Purchasing Manager's Office prior to the closing time and date established for the submission of Proposals. All Proposals received after the closing time and date shall be rejected. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 15.14 Consultino and Professional Services - Where it is estimated that Consulting and Professional Services will cost less than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the requesting Department may obtain the services on behalf of the Corporation, provided that if the requested consulting services are engineering or related services referred to in the TSH Agreement, the Director of Engineering Services shall be consulted before the services are purchased. Where it is estimated that Consulting and Professional Services will Cost more than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the Purchasing Manager shall issue a Request for Proposal and in consultation with the Designated Official of the requesting Department, shall submit a report to Committee and/or Council providing a list of Bid amounts received with recommendations for award. The purchase of Goods and/or Services in this situation will be subject to Committee and/or Council approval. Contracts for Consulting and Professional Services at a Cost in excess of Thirty Thousand ($30,000.00) Dollars may be made either by a formal agreement signed by the Mayor and Clerk for the Corporation or by a Purchase Order issued by the Purchasing Manager as is determined by the Purchasing Manager to be appropriate in the circumstances. 15.15 Exceptions for Consultino and Professional Services (a) Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, a Request for Proposal is not required and the Contract may be approved on behalf of the Corporation by the Director Page 21 of 39 15.14 Consultino and Professional Services - Where it is estimated that Consulting and Professional Services will cost less than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the requesting Department may obtain the services on behalf of the Corporation, provided that if the requested consulting services are engineering or related services referred to in the AECOM Agreement, the Director of Engineering Services shall be consulted before the services are purchased. Where it is estimated that Consulting and Professional Services will Cost more than Thirty Thousand ($30,000.00) Dollars and funds are allocated in the approved budget, the Purchasing Manager shall issue a Request for Proposal and in consultation with the Department Head of the requesting Department, shall submit a report to Committee and/or Council providing a list of Bid amounts received with recommendations for award. The purchase of Goods and/or Services in this situation will be subject to Committee and/or Council approval. Contracts for Consulting and Professional Services at a Cost in excess of Thirty Thousand ($30,000.00) Dollars may be made either by a formal agreement signed by the Mayor and Clerk for the Corporation or by a Purchase Order issued by the Purchasing Manager as is determined by the Purchasing Manager to be appropriate in the circumstances. 15.15 Exceptions for Consultino and Professional Services (a) Where the requesting Department is the Engineering Department and the Consulting and Professional Services are for the construction and/or reconstruction of roads, sanitary sewers and/or Ontario Municipal Board hearing representation, a Request for Proposal is not required and the Contract may be approved on behalf of the Corporation by the Director i i REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" Page 22 of 39 EXISTING AND PROPOSED BY-LAW COMPARISION of Engineering Services provided that it is of Engineering Services provided that it is based on an authorization approved by based on an authorization approved by Council to acquire such Consulting and Council to acquire such Consulting and Professional Services. Where the Professional Services. Where the Contract Cost exceeds Thirty Thousand Contract Cost exceeds Thirty Thousand ($30,000.00) Dollars a by-law authorizing ($30,000.00) Dollars a by-law authorizing the Mayor and Clerk to execute the the Mayor and Clerk to execute the Contract on behalf of the Corporation is Contract on behalf of the Corporation is required. required. (b) Where the requesting Department is the (b) Where the requesting Department is the Planning Services Department and the Planning Services Department and the Consulting and Professional Services are Consulting and Professional Services are for the purpose of the preparation of an for the purpose of the preparation of an Environmental Study as referred to in Environmental Study as referred to in PD-163-96Report PD- 96, a Request for PD-163-96 Report PD= i-96, a Request for Proposal will be issued on an as-needed Proposal will be issued on an as-needed basis and a subsequent roster of basis and a subsequent roster of consultants as approved by Council will consultants as approved by Council will be issued. Individual contracts for such be issued. Individual contracts for such Consulting and Professional services Consulting and Professional services may then be approved by the Director of may then be approved by the Director of Planning Services. Planning Services. Any consultant authorized to issue a Bid Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation Solicitation on behalf of the Corporation shall comply with this By-law. shall comply with this By-law. 15.16 Personal Purchases- No personal purchases Moved to Section 29 of Goods and/or Services shall be made by the Corporation for Members of Council, or any appointed member of a Local Board of the Corporation, or for employees of the Corporation, unless specifically authorized by Council. 15.17 Conflict of Interest- In order to avoid any Moved to Section 29 person from having an unfair advantage in making a Bid and to ensure the Bid process is open and transparent with no one Bidder having confidential information that other Bidders do not have, a) no employee of the Corporation or Moved to section 29 Member of Council shall Bid on the sale of Goods and/or Services except those disposed of by public auction, unless explicitly approved by the Chief Administrative Officer, and REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION b) no Member of Councilor employee of the Corporation shall sell Goods and/or Services to the Corporation or have a direct or indirect interest in a company or own a company which sells Goods and/or Services to the Corporation. An external consultant, who has entered into a Contract with the Corporation for the provision of consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from soliciting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest will be determined by the Purchasing Manager in consultation with the Designated Officer of the requesting Department. For clarity, this paragraph does not take precedence over or derogate from the Corporation's Code of Ethics as approved by Council. 16. TENDERING PROCEDURES The following procedures shall apply to the purchase by Tender of Goods and/or Page 23 of 39 Moved to Section 29 An external consultant, who has entered into a Contract with the Corporation for the provision of consulting services for a particular phase of a project, may be deemed to have a conflict of interest and be disqualified from soliciting a Bid on a later phase of consulting services for the same project. Any issue as to whether there is a conflict of interest will be determined by the Purchasing Manager in consultation with the Designated Officer of the requesting Department. This section does not apply where a consultant has been requested to provide a budget estimate or general review and estimate for a potential project or a future proposed service. For clarity, this paragraph does not take precedence over or derogate from the Corporation's Code of Ethics as approved by Council. 15.16 FAIR WAGE POLICY The Municipality has implemented a Fair Wage Policy on a trial basis applicable to Construction Contracts for industrial, Commercial and Institutional (lCI) contract s with a value greater than $1,000,000.00. Tenders for applicable construction shall be called in accordance with the policy as amended from time to time and the resulting contract shall be governed accordingly. In the event contractors fail to adhere to the policy the remedies specified in the policy will be applied. 15.17 As appropriate, staff are authorized to proceed with pre-budget approval each January for the purchase of all light duty vehicles budgeted in that year, with the final award being subject to the provision of this by- law. 16. TENDERING PROCEDURES The following procedures shall apply to the purchase by Tender of Goods and/or Services REPORT COD.045.10 ATTACHMENT. SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Services of an estimated Cost in excess of Fifty Thousand ($50,000.00) Dollars. 16.01 Advertisina - All Requests for Tenders shall be made by Electronic Advertisement deemed by the Purchasing Manager to be appropriate in the circumstances, unless otherwise directed by the Committee and/or by Council. Other advertising methods such as in periodicals or newspapers may be used as deemed appropriate by the Purchasing Manager. 16.02 Tender Closina Time - All Tender closing times shall be established by the Purchasing Manager or his designate. 16.03 Release of Information to Bidders - The Purchasing Manager or his designate shall supply the following materials to all prospective Bidders: a) one copy of the official Tender form relating to the Request for Tender; b) one standard Tender envelope or label appropriately Imprinted; c) Tender information including plans, specifications, profiles and other relevant information; and d) where a fee is required for the Tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise directed in the Request for Tender. 16.04 Recordina and Control of Tender Material All names, addresses including e-mail addresses and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 16.03 shall be recorded when Requests for Tenders are issued in order to facilitate distribution of addenda when necessary or to extend or cancel a Tender under call. 17. CHANGES TO TENDERS UNDER CALL 17.01 Preparation of Addendum - Interpretation or qualifications of a Tender document shall be made in the form of a written addendum. Addenda shall be necessary to revise, Page 24 of 39 of an estimated Cost in excess of One Hundred Thousand ($100,000.00) Dollars. 16.01 Advertisina - All Requests for Tenders shall be made by Electronic Advertisement deemed by the Purchasing Manager to be appropriate in the circumstances, unless otherwise directed by the Committee and/or by Council. Other advertising methods such as in periodicals or newspapers may be used as deemed appropriate by the Purchasing Manager. 16.02 Tender Closina Time - All Tender closing times shall be established by the Purchasing Manager or his designate. 16.03 Release of Information to Bidders - The Purchasing Manager or his designate shall supply the following materials to all prospective Bidders: a) one copy of the official Tender form relating to the Request for Tender; b) one standard Tender envelope or label appropriately Imprinted; c) Tender information including plans, specifications, profiles and other relevant information; and d) where a fee is required for the Tender documents, such fee shall be paid to the Corporation by cash, money order, bank draft or certified cheque unless otherwise directed in the Request for Tender; 16.04 Recordina and Control of Tender Material All names, addresses including e-mail addresses and facsimile numbers of all prospective Bidders who have been supplied with or who have requested the material set out in Section 16.03 shall be recorded when Requests for Tenders are issued in order to facilitate distribution of addenda when necessary or to extend or cancel a Tender under call. 17. CHANGES TO TENDERS UNDER CALL 17.01 Preparation of Addendum - Interpretation or qualifications of a Tender document shall be made in the form of a written addendum. Addenda shall be necessary to revise, REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION delete, substitute or add to Tender material under call. The Purchasing Manager shall approve the issuance of an addendum or the cancellation of the Request for Tenders. 17.02 Notification of Addenda to Bidders - If an addendum notice is prepared too late to allow notification by registered mail or courier prior to the Tender closing time, in addition to mailing the notice, each prospective Bidder shall be notified of the addendum by telegram or facsimile or electronic means. 17.03 Addenda Issued after Receipt of Tender - Where an addendum is released after the receipt of one or more Tenders which in the opinion of the Purchasing Manager may affect a Bidder's Tender, all Tenders received and deposited prior to the Tender opening may be withdrawn and the Bidder(s) shall be given a new set of Tender documents to be resubmitted in accordance with a further addendum. 17.04 Cancellation of Tender Under Call- Where the circumstances require it to protect the interests of the Corporation and the Request for Tender permits it, the Purchasing Manager in consultation with the Designated Official of the requesting Department may cancel a Request for Tender either before or after Tenders are opened. The procedure for the notification of Bidders of a cancellation shall apply, as in paragraph 17.02 with all necessary changes being considered to have been made to give effect to this sentence. If a Request for Tender is cancelled prior to opening, all Tenders received after cancellation will be returned unopened to the Bidder by registered mail or courier with notification of the cancellation. 18. CONDITIONS OF TENDER SUBMISSION All Tenders shall be submitted to the Office of the Clerk and shall be subject to the following requirements: 18.01 The correct Tender form and envelope or label (with no extra exterior covering) as supplied bv the Corporation must be used. Page 25 of 39 delete, substitute or add to Tender material under call. The Purchasing Manager shall approve the issuance of an addendum or the cancellation of the Request for Tenders. 17.02 Notification of Addenda to Bidders - If an addendum notice is prepared too late to allow notification by registered mail or courier prior to the Tender closing time each prospective Bidder shall be notified of the addendum by telegram or facsimile or electronic means. 17.03 Addenda Issued after Receipt of Tender - Where an addendum is released after the receipt of one or more Tenders which in the opinion of the Purchasing Manager may affect a Bidder's Tender, all Tenders received and deposited prior to the Tender opening may be withdrawn and the Bidder(s) shall be given a new set of Tender documents to be resubmitted in accordance with a further addendum. 17.04 Cancellation of Tender Under Call - Where the circumstances require it to protect the interests of the Corporation and the Request for Tender permits it, the Purchasing Manager in consultation with the Department Head of the requesting Department may cancel a Request for Tender either before or after Tenders are opened. The procedure for the notification of Bidders of a cancellation shall apply, as in paragraph 17.02 with all necessary changes being considered to have been made to give effect to this sentence. If a Request for Tender is cancelled prior to opening, all Tenders received after cancellation will be returned unopened to the Bidder by registered mail or courier with notification of the cancellation. 18. CONDITIONS OF TENDER SUBMISSION All Tenders shall be submitted to the Office of the Clerk and shall be subject to the following requirements: 18.01 The correct Tender form and envelope or label (with no extra exterior covering) as supplied by the Corporationmust be used. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 18.02 Tenders must be properly sealed and delivered to the Office of the Clerk prior to the Tender closing time established for that Tender. 18.03 Time of delivery of any Tender shall be determined by the.Clerk or his delegate. 18.04 When received by the Office of the Clerk, the envelope( s) shall have the date and time of receipt noted on them by the Clerk or his delegate. Each Tender received shall be recorded in a Tender Register maintained by the Office of the Clerk. 18.05 All Tenders received by the Office of the Clerk shall be placed unopened in a suitable locked receptacle and shall remain under the control of the Clerk. 18.06 All Tenders delivered after the Tender closing time or in other than the Tender envelope or label supplied shall not be accepted by the Clerk and shall not be deposited in the Tender box maintained by the Clerk. The Purchasing Manager shall be advised of the circumstances and the Tender returned unopened to the Bidder, accompanied by a letter which states "not accepted". 18.07 Where no return address is visible on the outside of a Tender that is delivered after the close of Tenders, it shall be opened in the presence of the Clerk by the Purchasing Manager, a return address determined, the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in 18.06 above. 19. FORM OF TENDER 19.01 All Tenders must be legible, written in ink or typed. 19.02 All items must be bid unless otherwise specified in the Request for Tender documents. 19.03 All entries including unit prices for each item referred to in the Bid must be clearly stated. Page 26 of 39 18.02 Tenders must be properly sealed and delivered to the Office of the Clerk prior to the Tender closing time established for that Tender. 18.03 Time of delivery of any Tender shall be determined by the Clerk or his delegate. 18.04 When received by the Office of the Clerk, the envelope( s) shall have the date and time of receipt noted on them by the Clerk or his delegate. Each Tender received shall be recorded in a Tender Register maintained by the Office of the Clerk. 18.05 All Tenders received by the Office of the Clerk shall be placed unopened in a suitable locked receptacle and shall remain under the control of the Clerk. 18.06 All Tenders delivered after the Tender closing time or in other than the Tender envelope or label supplied shall not be accepted by the Clerk and shall not be deposited in the Tender box maintained by the Clerk. The Purchasing Manager shall be advised of the circumstances and the Tender returned unopened to the Bidder, accompanied by a letter which states "not accepted". 18.07 Where no return address is visible on the outside of a Tender that is delivered after the close of Tenders, it shall be opened in the presence of the Clerk by the Purchasing Manager, a return address determined, the facts noted for the record and the documents returned to the Bidder accompanied by a letter as in 18.06 above. 19. FORM OF TENDER 19.01 All Tenders must be legible, written in ink or typed. 19.02 All items must be bid unless otherwise specified in the Request for Tender documents. 19.03 All entries including unit prices for each item referred to in the Bid must be clearly stated. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 19.04 The Tender cannot contain any restrictive statements, nor can the Tender be qualified by separate letter. 19.05 All Tenders submitted must be signed by an authorized person. 19.06 All erasures, overwriting, strike-outs and other similar alterations inserted in the Bidder's Tender must be initialled by the person authorized to execute the documents on behalf of the Bidder. 20. BONDS AND DEPOSITS 20.01 Bid Deposit and Bid Bonds - All Requests for Tender requiring Bid deposits shall have such deposits made payable to "The Corporation of the Municipality of Clarington", shall be provided by a certified cheque, bank draft, money order or cash which shall be enclosed in the same envelope as the Bid. All Bid bonds for Contracts with a value of Fifty Thousand ($50,000.00) Dollars or more that are required by a Request for Tender shall be issued by a surety approved by the Treasurer and shall be in an amount, and in a form containing terms and conditions satisfactory to the Treasurer. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Manager in the Request for Tenders. Total Amount of Bid Minimum Bid Deposit Required $ 20,000.00 or LESS $ 20,000.01 to $ 50,000.00 $ 50,000.01 to $ 100,000.00 $ 100,000.01 to $ 250,000.00 $ 250,000.01 to $ 500,000.00 $ 500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 or OVER $1,000.00 $ 2,000.00 $ 5,000.00 $ 10,000.00 $ 25,000.00 $ 50,000.00 $100,000.00 $200,000.00 20.02 Forfeiture of Bid Deposit or Bid Bond - Should the successful Bidder fail to enter into a Contract with the Corporation, the amount Page 27 of 39 19.04 The Tender cannot contain any restrictive statements, nor can the Tender be qualified by separate letter. 19.05 All Tenders submitted must be signed by an authorized person. 19.06 All erasures, overwriting, strike-outs and other similar alterations inserted in the Bidder's Tender must be initialled by the person authorized to execute the documents on behalf of the Bidder. 20. BONDS AND DEPOSITS 20.01 Bid Deposit and Bid Bonds - All Requests for Tender/Quotation/Proposal req uiring Bid deposits shall have such deposits made payable to "The Corporation of the Municipality of Clarington", shall be provided by a certified cheque, bank draft, money order, bid bond or cash which shall be enclosed in the same envelope as the Bid. Bid bonds shall be issued by a surety approved by the Treasurer and shall be in an amount, and in a form containing terms and conditions satisfactory to the Treasurer. Bid deposits shall be submitted in accordance with the following schedule, unless otherwise specified by the Purchasing Manager in the Request for T endersl Quotation/Proposal. Total Amount of Bid Minimum Bid Deposit Required $20,000.00 or LESS $ $20,000.01 to $50,000.00 $50,000.01 to $100,000.00 $100,000.01 to $250,000.00 $250,000.01 to $500,000.00 $500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 or OVER 1,000.00 $2,000.00 $5,000.00 $ 10,000.00 $ 25,000.00 $ 50,000.00 $100,000.00 $200,000.00 20.02 Forfeiture of Bid Deposit or Bid Bond - Should the successful Bidder fail to enter into a Contract with the Corporation, the amount of REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION of the Bid deposit provided by the Bidder in question shall be forfeited to and become the property of the Corporation. If a Bid Bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained forfeited to and made the property of the Corporation. 20.03 Bonds Other Than Bid Bonds Reauired bv Request for Tender - When the deposit of a Performance Bond and/or a Labour and Material Payment Bond is a requirement of a Request for Tender, such Bonds in the amounts specified in the Tender documents issued by a surety approved by the Treasurer and in a form and containing terms and conditions approved by the Treasurer must be delivered by the Bidder to the Purchasing Manager prior to execution of the Contract by the Corporation. 21. WITHDRAWAL OF TENDERS 21.01 Withdrawal of Bid - Anyone submitting a Bid can only withdraw the Bid prior to the close of Tenders. Requests to withdraw received following the close of Tenders will not be accepted. 21.02 Procedure - Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Clerk. 21.03 Return of Certain Withdrawn Bids - All Bids withdrawn prior to being deposited in the Tender box kept by the Clerk shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder. 21.04 Return of Documents - All withdrawals of Tenders that relate to Tenders deposited in Page 28 of 39 the Bid deposit provided by the Bidder in question shall be forfeited to and become the property of the Corporation. If a Bid Bond is deposited, it may be called by the Treasurer and the amount of money thereby obtained forfeited to and made the property of the Corporation. 20.03 Bonds Other Than Bid Bonds Reauired bv Request for Tender - When the deposit of a Performance Bond and/or a Labour and Material Payment Bond is a requirement of a Request for Tender/Quotation/Proposal, such Bonds in the amounts specified in the Tender documents issued by a surety authorized to carry on business in Ontario and approved by the Treasurer and in a form and containing terms and conditions approved by the Treasurer must be delivered by the Bidder to the Purchasing Manager prior to execution of the Contract by the Corporation. 21. WITHDRAWAL OF TENDERS 21.01 Withdrawal of Bid - Anyone submitting a Bid can only withdraw the Bid prior to the close of Tenders. Requests to withdraw received following the close of Tenders will not be accepted. 21.02 Procedure - Any Bidder wishing to withdraw a Bid must do so in writing and deliver the same to the Office of the Clerk. 21.03 Return of Certain Withdrawn Bids - All Bids withdrawn prior to being deposited in the Tender box kept by the Clerk shall be returned and the withdrawal of the Tender acknowledged in writing by the Bidder. Withdrawal notices received after the Tender has been deposited into the tender box shall, together with the confirmation of withdrawal be placed in the tender box. The tender box will not be opened to withdraw a tender already deposited in the tender box. These bids are dealt with at the tender opening by announcing that the tender was withdrawn. The bid amount of the withdrawn tender shall not be read out. 21.04 Return of Documents - All withdrawals of Tenders that relate to Tenders deposited in REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION the Tender box and all of the related documentation returned unopened following the Tender opening. 21.05 Withdrawal of Bids Durina Openina - During a Tender opening at the conclusion of the reading out of Bids for a particular Contract, the low Bidder may withdraw any of his remaining Tenders on other Contracts. Tenders withdrawn under this procedure cannot be reinstated. The Bidder must certify in writing to his identity and state the Contract( s) on which he/she desires to withdraw. A written notice of withdrawal of tender in a form satisfactory to the Purchasing Manager must be signed by the prospective Bidder. This Notice must be handed to the Clerk or his delegate before the reading out of the first Tender on the Contract(s) to which it applies. The Clerk or his delegate shall attach it to the applicable Tender. The Bidder's name shall be read out and it shall be announced that the Tender has been withdrawn in accordance with established procedure. The bid amount of the Tender shall not be read out. 22. OPENING TENDERS 22.01 All Tenders shall be opened by the Clerk or his designate for the Corporation and the Purchasing Manager or his designate and the Bids shall be duly recorded in the Record of Tenders. 22.02 Any interested person may attend a Tender opening. 22.03 Where two or more Tenders are called for at the same time, the Tenders shall be opened in numerical order, with the lowest numbered Tender being opened first. 22.04 Having established the order of precedence, the Clerk or his designate shall remove the Tenders from the Tender box. 22.05 Where a Tender cannot be identified as to the author or Contract number, such an envelope shall be opened and the Page 29 of 39 the Tender box and all of the related documentation shall be returned unopened following the Tender opening. 21.05 Withdrawal of Bids Durina Openina - During a Tender opening at the conclusion of the reading out of Bids for a particular Contract, the low Bidder may withdraw any of his remaining Tenders on other Contracts that are still unopened. Tenders withdrawn under this procedure cannot be reinstated. The Bidder must certify in writing to his identity and state the Contract( s) on which he/she desires to withdraw. A written notice of withdrawal of tender in a form satisfactory to the Purchasing Manager must be signed by the prospective Bidder. This Notice must be handed to the Clerk or his delegate before the reading out of the first Tender on the Contract(s) to which it applies. The Clerk or his delegate shall attach it to the applicable Tender. The Bidder's name shall be 'read out and it shall be announced that the Tender has been withdrawn in accordance with established procedure. The bid amount of the Tender shall not be read out. 22. OPENING TENDERS 22.01 All Tenders shall be opened by the Clerk or his designate for the Corporation and the Purchasing Manager or his designate and the Bids shall be duly recorded in the Record of Tenders. 22.02 Any interested person may attend a Tender opening. 22.03 Where two or more Tenders are called for at the same time, the Tenders shall be opened in numerical ord~r, with the lowest numbered Tender being opened first. 22.04 Having established the order of precedence, the Clerk or his designate shall remove the Tenders from the Tender box. 22.05 Where a Tender cannot be identified as to the author or Contract number, such an envelope shall be opened and the documents placed REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION documents placed with the appropriate group of Tenders. 22.06 Where a conflict exists in respect of the envelope and its contents as to the Contract number, the Contract number on the Tender documents shall prevail. 22.07 When all Tenders have been sorted, opened and withdrawn Tenders segregated pursuant to paragraph 21.04, the Clerk shall compare the number of Tenders opened to the number of Tenders recorded in the Record of Tenders. Where a discrepancy exists, the proceedings shall be delayed until all Tenders have been accounted for. 22.08 When all Tenders are accounted for, the Clerk or his designate shall announce each Tender publicly in the following manner: i) Tender number and specifications; ii) Bidder's name and location; iii) Bid deposit and bonding letter (if required); and iv) total Bid amount. 22.09 All Tenders shall be checked to determine that each Bidder has submitted one Bid only. Should more than one bid be submitted, the lowest Bid submitted shall be deemed to be the intended Bid, unless that Bid has been withdrawn in the manner prescribed in paragraph 21. 22.10 Following the opening and recording of Tenders by the Clerk, the Record of Tenders shall be closed and the record signed attesting to that fact. 22.11 With the exception of the Clerk and the Purchasing Manager or their designates, no dialogue will be permitted with respect to the proceedings on the opening of Tenders. 23. VERIFICATION OF TENDERS 23.01 Dutv of Purchasina Manaaer - All Tenders will be delivered to the Purchasing Manager who shall ensure that: Page 30 of 39 with the appropriate group of Tenders. 22.06 Where a conflict exists in respect of the envelope and its contents as to the Contract number, the Contract number on the Tender documents shall prevail. 22.07 When all Tenders have been sorted, opened and withdrawn Tenders segregated pursuant to paragraph 21.04, the Clerk shall compare the number of Tenders opened to the number of Tenders recorded in the Record of Tenders. Where a discrepancy exists, the proceedings shall be delayed until all Tenders have been accounted for. 22.08 When all Tenders are accounted for, the Clerk or his designate shall announce each Tender publicly in the following manner: i) Tender number and specifications; ii) Bidder's name and location; iii) Bid deposit and bonding letter (if required); and iv) total Bid amount. 22.09 All Tenders shall be checked to determine that each Bidder has submitted one Bid only. Should more than one bid be submitted, the lowest Bid submitted shall be deemed to be the intended Bid, unless that Bid has been withdrawn in the manner prescribed in paragraph 21. 22.10 Following the opening and recording of Tenders by the Clerk, the Record of Tenders shall be closed and the record signed attesting to that fact. 22.11 With the exception of the Clerk and the Purchasing Manager or their designates, no dialogue will be permitted with respect to the proceedings on the opening of Tenders. 23. VERIFICATION OF TENDERS. 23.01 Dutv of Purchasina Manaoer - All Tenders will be delivered to the Purchasing Manager who to the best of his ability shall ensure that: REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 31 of 39 a) b) all Bids comply with the Tender requirements; all unit prices have been correctly extended, provided that unit prices shall determine the amount of the Bid, in the event of arithmetic errors; all extensions have been correctly totalled; a) Bids comply with the Tender requirements; b) unit prices have been correctly extended, provided; c) extensions have been correctly totalled; and d) applicable taxes are calculated correctly where required. c) 23.02 Reservation and Review of Improper Bids - Any Bid that does not appear on initial examination by the Purchasing Manager or his designate to satisfy the requirements of the Request for Tender shall be deemed to be "improper Bids", and be subject to further examination by the Purchasing Manager so that the Purchasing Manager can determine whether it shall be rejected pursuant to paragraph 23.03. *The verification process will apply to all bid solicitations. Note: Extension errors, addition errors and incorrect tax calculations may be corrected based on unit prices. Unit prices govern. 23.02 Reservation and Review of Improper Bids - Any Bid that does not appear on initial examination by the Purchasing Manager or his designate to satisfy the requirements of the Request for Tender shall be deemed to be "improper Bids", and be subject to further examination by the Purchasing Manager so that the Purchasing Manager can determine whether it shall be rejected pursuant to paragraph 23.03. 23.03 Reiection of Non-Compliant Bids - Notwithstanding paragraph 9 of this By-law, all Bids shall be rejected that are: 23.03 Reiection of Non-Compliant Bids - Notwithstanding paragraph 9 of this By-law, all Bids shall be rejected that are: a) received after the Tender closing time; b) delivered in other than the Tender envelope with the label or labels prescribed in the Request for Tender; c) that are not completed in ink or by typewriter; d) incomplete or do not comply with specifications; e) restrictive or contain conditional statements which are intended to alter the form or intent of the Tender submitted to the Corporation's response to the Request for Tenders; f) submitted with documents that are not signed by the Bidder with his original signature; or g) unaccompanied by bonding documents or bid deposits where required. a) received after the Tender closing time; b) delivered in other than the Tender envelope with the label or labels prescribed in the Request for Tender; c) are not listed on the List of Registered Bidders; d) that are not completed in ink, by typewriter or electronic processor, e) incomplete or do not comply with specifications; f) restrictive or contain conditional statements which are intended to alter the form or intent of the Tender submitted to the Corporation's response to the Request for Tenders; g) submitted with documents that are not signed by the Bidder with his original signature; or h) unaccompanied by bonding documents or bid deposits where required. Note: Bids reiected in accordance this by-law a) e) 24. REPORT COD-04S-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 23.04 Exceotions The Purchasing Manager may at his discretion accept or reject a Bid when: the agreement to bond required by a Request for Tender has not been signed by the surety with his original signature; provided that if the Bid is accepted, the Purchasing Manager may allow a period of time to have the agreement to bond correctly signed by the surety; b) the envelope is improperly sealed; c) the documents are illegible; d) the envelope contains an improper Bid deposit or an insufficient amount; or the arithmetic extensions of the Cost contain gross errors. AWARD OF TENDERS 24.01 Purchasing Manager to Review Bids Tendered - The Purchasing Manager shall review the Tender with the requesting Department in accordance with the provisions of paragraph 13.05 for all Tenders with a Cost under Seventy-five Thousand ($75,000.00) Dollars. For Tenders with a Cost over Seventy-Five Thousand ($75,000.00) Dollars the Purchasing Manager shall review the Tender with the requesting Department and shall then report to the General Purpose and Administration Committee and/or Council. Where the Tender amount exceeds the Corporation's approved budget allocation, the report shall contain the requisite information with respect to the source of additional funding. Page 32 of 39 shall be noted in reports as "Rejected" with an explanation but without the bid price. 23.04 Exceotions The Purchasing Manager may at his discretion accept or reject a Bid when: 24. a) the agreement to bond required by a Request for Tender has not been signed by the surety with his original signature; provided that if the Bid is accepted, the Purchasing Manager may allow a period of time to have the agreement to bond correctly signed by the surety; b) the envelope is improperly sealed; c) the documents are illegible; d) the envelope contains an improper Bid deposit or an insufficient amount; or e) the arithmetic extensions of the Cost or calculation of tax(es) contain gross errors. f) bids are unbalanced. g) Addenda are not submitted or acknowledged. Substantive addenda having an effect on price or specifications and not acknowledged will result in bid rejection. Addenda covering minor matters but not acknowledged may be considered. AWARD OF TENDERS AND REPORTING REQUIREMENTS 24.01 Purchasing Manager to Review Bids Tendered - The Purchasing Manager shall review the Tender with the requesting Department and shall report as follows: a) Report to Council Where the Tender amount exclusive of applicable taxes exceeds the Corporation's approved budget allocation, the report shall contain the requisite information with respect to the source of additional funding. REPORT COD-045-10 ATTACHMENT - SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION 24.02 Issue of Purchase Order - Upon approval of the Tender the Purchasing Manager or designate or Director of Corporate Services or his designate shall make the award and issue a Purchase Order in accordance with the conditions of the Request for Tender. 24.03 Approval of Over Expenditure Subsequent to the award of the Contract to the lowest Responsive and Responsible Bidder, the approval of any over expenditure shall be in accordance with the Corporation's Page 33 of 39 b) ReDort to Chief Administrative Office i) Where the recommendation is for a tender meeting specifications, terms and conditions of the Bid Solicitation and providing the lowest overall cost to the Municipality, or for a proposal where the recommended firm has obtained the highest rank score in accordance with the evaluation criteria included in the Request for Proposal document, with a value in either case that does not exceed $250,000.00, the Designated Official, after consultation with the initiating Department Head, shall report to the Chief Administrative Officer. (ii) The Chief Administrative Officer may approve the awarding of the Contracts referred to in subsection (i) above, provided the expenditure is not in excess of the approved budgetary appropriation. 24.02 In the event that: (i) the Tender from the lowest responsive and responsible Bidder is not recommended; or (ii) the Proposal which satisfies the requirements and is ranked as the overall highest score is not recommended; or (iii) the value for the contract award exceeds $250,000.00; or (iv) the lowest Tender or highest scoring Proposal is in excess of the budgetary appropriation, (v) a report by the designated Official, after consultation with the initiating Department Head shall be submitted to the General Purpose and Administrative Committee for recommendation to Council. 24.03 Issue of Purchase Order - Upon approval of the Tender or RFP the Purchasing Manager or designate or Director of Corporate Services or his designate shall make the award and issue a Purchase Order in accordance with the conditions of the Request for Tender, or RFP. 24.04 Approval of Over Expenditure Subsequent to the award of the Contract to the lowest Responsive and Responsible Bidder, the approval of any over expenditure shall be in accordance with the Corporation's REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Finance Policy as approved by Council. 25. DISPOSITION OF BID DEPOSITS Except as provided in paragraph 22.03, following the awarding or cancellation of a Tender, all deposits, with the exception of the lowest and the second lowest Bidders in the case of an award, shall be returned to the unsuccessful Bidders by registered mail or courier, or if picked up, receipt acknowledged in writing. The retained deposits will be held until the Contract is executed by the Corporation. 26. EXECUTION OF CONTRACT The successful Bidder shall be allowed ten (10) working days from the date of mailing of the form of Contract to execute and return the same to the Purchasing Manager. 27. DEFAULT BY SUCCESSFUL BIDDER If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Tender may be awarded to the next lowest Bidder(s) or cancelled. In the event a successful Bidder fails to execute, finalize and/or provide acceptable surety for a Contract, the Bidder's deposit(s) will be forfeited. 28. TSH AGREEMENT For clarity, none of the provisions of this By- law is intended to or shall be deemed to affect any provisions of or the rights, obligations and responsibilities of the parties to the TSH Agreement including the responsibilities of the official of the Corporation named in the TSH Agreement. Page 34 of 39 prevailing Finance Policy as approved by Council. 25. DISPOSITION OF BID DEPOSITS Except as provided in paragraph 23.03, following the awarding or cancellation of a Tender, all deposits, with the exception of the lowest and the second lowest Bidders in the case of an award, shall be returned to the unsuccessful Bidders by registered mail or courier, or if picked up, receipt acknowledged in writing. The retained deposits will be held until the Contract is executed by the Corporation, unless determined by the Purchasing Manager that the deposit is not reasonably required. 26. EXECUTION OF CONTRACT The successful Bidder shall be allowed ten (10) working days from the date of mailing of the form of Contract to execute and return the same to the Purchasing Manager 27. DEFAULT BY SUCCESSFUL BIDDER If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time, the Tender may be awarded to the next lowest Bidder(s) or cancelled. In the event a successful Bidder fails to execute, finalize and/or provide acceptable surety for a Contract, the Bidder's deposit(s) will be forfeited. 28. AECOM AGREEMENT For clarity, none of the provisions of this By- law is intended to or shall be deemed to affect any provisions of or the rights, obligations and responsibilities of the parties to the AECOM Agreement including the responsibilities of the official of the Corporation named in the AECOM Agreement. Section 1.04 of the AECOM Agreement states 'The Consultant shall use current state of the art principles.." This is interpreted to include the use of public bidding methods and practices acceptable to the public sector, the Purchasing Manager and the provisions of this by-law. REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION Page 35 of 39 29. PROHIBITIONS 29.01 Demonstrations: No Requests for prices or demonstration for approved projects or programs shall be made without prior consultation with the Designated Official. 29.02 Purchase Order Not to be Split - Purchase Orders shall not be split so as to circumvent the established method of purchase and the dollar limits imposed by this By-law. 29.03 Disclosure - Subject to the provisions of The Municipal Freedom of Information and Protection of Privacv Act, R.S.O. 1990, Chapter M.S6, no Corporation employee nor any member of Council shall provide the Cost Bid for any Goods and/or Services except: (a) in the case of Formal Requests for Quotation and Tender the total Bid amount; and (b) in the case of sealed Bid submitted in response to a Request for Proposal the total Bid amount shall be provided on written request of any person upon completion of negotiations and award. All Bid amounts contained in a public report to Council are available on request. Notwithstanding this paragraph 29.03, except as otherwise provided in the Municipal Freedom of Information and Protection of Privacy Act all Costs recorded during the opening of Tenders or Quotations, that are part of the Corporation's permanent record and maintained in the Clerk's Department, shall be made available to the public, upon request, pursuant to the provisions of the prevailing Municipal Act. With respect to contracts being reported to Council for approval, the recommended action provided in the report can be released at the time the report is reviewed by Committee and Recommended to Council or upon award by the CAO during a Recess. REPORT COD.045.10 ATTACHMENT - SCHEDULE "B" Page 36 of 39 EXISTING AND PROPOSED BY-LAW COMPARISION 29.04 Personal Purchases - No personal purchases of Goods and/or Services shall be made by the Corporation for Members of Council, or any appointed member of a Local Board of the Corporation, or for employees of the Cor oration, unless s ecificall authorized 29.05 Conflict of Interest - In order to avoid any person from having an unfair advantage in making a Bid and to ensure the Bid process is open and transparent with no one Bidder having confidential information that other Bidders do not have, a) no employee including any paid volunteers or their immediate family of the Corporation or Member of Council shall: i. Bid on the sale of Goods and/or Services except those disposed of by public auction, unless explicitly approved by the Chief Administrative Officer, and/or ii. sell Goods and/or Services to the Corporation or have a direct or indirect interest in a company or own a company which sells Goods and/or Services to the Cor oration. 30. COMPLAINTS AND BIDDER PROTESTS OR INQUIRIES a) All Bidder complaints, whether addressed to an elected official, the CA 0, a Department Head or any member of staff shall be referred to Purchasing Services and deaft wfth in accordance wfth appropriate Municipal purchasing policy, as may be amended from time to time. b) All Bidder or potential bidders inquiries, whether addressed to an elected official, the CAO, a Department Head or any member of staff shall be referred to Purchasing Services and dealt with in accordance with appropriate Municipal purchasing policy, as may be amended from time to time. 31. RECORDS RETENTION AND DESTRUCTION Bid documents and related material shall be retained in a manner and for a period in accordance with the Munici alit 's revailin REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION 29. ABSOLUTE RIGHT Notwithstanding the provisions of this By-law except as may be otherwise provided in a Request for Tender, the Corporation shall have absolute discretion in the awarding of contracts and retains the right to reject any or all Tenders. 30. SEVERABILITY Should any provisions, clauses, sections, phrases or parts of this By-law, or the application thereof under certain circumstances, be held by a Court of competent jurisdiction to be invalid, the remainder of this By-law, or the application of such provision, clause or part under other circumstances, shall not be affected. 31 . By-Law #94-129 as amended is hereby repealed. Page 37 of 39 Retention By-law. 32. CONTRA CYA GREEMENT APPROVAL In accordance with Municipal Policy as may be amended from time to time, contracts and leases of a general operating nature, for day to day requirements are to be signed by the designated Department Head and the Purchasing Manager. For all other contracts and or lease agreements, a By-law approved by Council is required. The Contract must be executed by the Mavor and Clerk. 32. ABSOLUTE RIGHT Notwithstanding the provisions of this By-law except as may be otherwise expressly stated and provided in a Request for Tender, other bid opportunity the Corporation shall have absolute discretion in the awarding of contracts and retains the right to reject any or all submissions. 33. SEVERABILITY Should any provisions, clauses, sections, phrases or parts of this By-law, or the application thereof under certain circumstances, be held by a Court of competent jurisdiction to be invalid, the remainder of this By-law, or the application of such provision, clause or part under other circumstances, shall not be affected 32. By-Law #2006-127 as amended is hereby repealed REPORT COD.045.10 ATTACHMENT. SCHEDULE liB" EXISTING AND PROPOSED BY-LAW COMPARISION APPENDIX "A" To By-Law # 2006-127 The Purchasing By-law and a Purchase Order are not required unless specifically requested by a Department Head or the vendor or supplier of the Goods and/or Services in question does not apply to the items listed below. 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses c. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions 3. Refundable Employee Expenses a. Advances b. Meal Allowances c. Miscellaneous - Non - Travel d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals c. Licenses (Vehicles, Communications, etc.) d. Debenture Payments e. Insurance f. Grants and Agencies g. Damage Claims h. Petty Cash Replenishment i. Land & Building Lease Payments j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices m. Day Camp or other similar Admission Fees 5. Certain Professional and other Services a. Committee Fees Page 38 of 39 APPENDIX "A" To By-Law # 2010- The items listed in this Appendix are those for which a Purchase Order is not required unless specifically requested by the initiating Department Head or the vendor or supplier or by Purchasing for the purposes of records maintenance and tracking, and for which other purchasing procedures of this By-law may be waived where application is impractical, in the opinion of the Designated Official. 1. Petty Cash Items 2. Training and Education a. Conferences b. Courses c. Conventions d. Magazines e. Memberships f. Periodicals g. Seminars h. Staff Development i. Staff Workshops j. Staff Reports k. Subscriptions I. Trainers (includes workshop & seminars) . 3. Refundable Employee Expenses a. Advances b. Meal Allowances c. Miscellaneous - Non - Travel d. Travel Expenses e. Entertainment Expenses 4. Employer's General Expenses a. Payroll Deduction Remittances b. Medicals c. Licenses (Vehicles, Software, Communications, etc.) d. Debenture Payments e. Insurance f. Grants and Agencies g. Damage Claims h. Petty Cash Replenishment i. Land & Building Lease Payments made by Municipality j. Tax Remittances k. Sinking Fund Payments I. Newspaper Advertising and Public Notices m. Day Camp or other similar Admission Fees n. Software or equipment maintenance REPORT COD-045-10 ATTACHMENT - SCHEDULE "B" EXISTING AND PROPOSED BY-LAW COMPARISION b. Counselling Services c. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help g. Banking and Underwriting Services, where covered by Agreements h. Legal Services i. Engineering and Consulting Services provided for in a contract between the Corporation and Totten Sims Hubicki Associates (1991) Limited dated Septem ber 1, 1993 j. Newspaper, radio, TV advertising k. Policing I. Red Cross Supplies 6.1 Utilities a. Postage b. Water c. Hydro d. Gas e. Telephones - excluding cellular f. Cable television 6.2 Canadian National and Canadian Pacific Railways Provincial and/or Federal Government Agencies or Crown Corporations Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham goods or services 6.3 6.4 Page 39 of 39 agreements when provided by the software or equipment manufacturer/distributor. 5. Certain Professional and other Services a. Committee Fees b. Counselling Services c. Laboratory Services d. Nursing Services e. Physician Fees f. Temporary Help g. Banking and Underwriting Services, where covered by Agreements h. Legal Services i. Engineering and Consulting Services provided for in a contract between the Corporation and AECOM Canada Limited dated September 1, 2008 j. Newspaper, radio, TV advertising k. Policing I. Red Cross Supplies m. Web Design Usage Fee & penalties n. Payroll consulting fees o. Employee Assistance programs 6.1 Utilities (including hedging agreements in accordance with the Hedging Policy as may be amended from time to time) a. Postage b. Water c. Hydro d. Gas (mdudmghedgmg agreements) e. Telephones - excluding cellular f. Cable television 6.2 Canadian National and Canadian Pacific Railways 6.3 Provincial and/or Federal Government Agencies or Crown Corporations 6.4 Regional Municipality of Durham or other municipalities located within the Regional Municipality of Durham goods or services