HomeMy WebLinkAbout02/19/2001 i
MUNICIPALITY OF CLARINGTON
GENERAL PURPOSE AND
ADMINISTRATION COMMITTEE MEETING
FEBRUARY 19, 2001 -9:30 A.M.
FILE
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MUNICIPALITY OF
_ ~arington
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: FEBRUARY 19, 2001
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
a) Minutes of a Regular Meeting of February 5, 2001 301
4. PRESENTATIONS
(a) Phil LeSauvage, Ontario Power Generation, Box 4000, Holt Road S.
Bowmanville, L1C 3Z8 -Dry Fuel Storage
(b) Peter Guiry, Ontario Fire Marshal's Office -Simplified Risk Assessment
- Fire Prevention
5. DELEGATIONS
(a) Krista Klose, Jungle Cat World, 3667 Concession 6, Orono, LOB 1M0
- Report PD-016-01
(b) Viola Vanderveen, 86 Tamblyn Road, Orono, LOB 1M0
- Report PD-016-01
(c) Anne Anderson, 61 Tamblyn Road, Orono, LOB 1M0
- Report PD-016-01
(d) Scott Creed, 150 Tamblyn Road, Orono, LOB 1M0
- Report PD-016-01
(e) Robert Cochrane, 92 Lownie Court, Bowmanville, L1C SE1
- Report WD-OS-O1
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET BOWMANVILLE ONTARIO L1C 3A6 (905) 623-3379 FAX 623-4169 RECYCLED PAPER
WEBSITE: www.municipality.clarington.on.ca
G.P.& A. Agenda - 2 - February 19, 2001
6. PUBLIC MEETING
(a) Rezoning Application
Applicant: Bob Craig on behalf of 1419345 Ontario Ltd.
Part Lot 11, Concession 1, Former Township of Clarke
REPORT PD-015-00 -Bob Craig on behalf of 1419345 Ontario Ltd. 501
7. PLANNING AND ENGINEERING SERVICES DEPARTMENTS
(a) PD-015-01 - Rezoning Application
Applicant: Bob Craig on behalf of 1419345 Ont. Ltd.
Part Lot 11, Concession 1, Former Township of
Clarke 601
(b) PD-016-01 - Rezoning Application
Applicant: Justinian Creed
Part Lot 26, Concession S, Former Township of
Clarke 609
(c) PD-018-01 - Monitoring the Decisions of the Committee of
Adjustment for the meeting of February 1, 2001 634
(d) PD-019-01 - Westside/Bowmanville Marsh Wetland Complex
Environmental Management Plan Study 643
(e) WD-04-O1 - Rowland Court Subdivision, Courtice Plan 40M-1893,
`Certificate of Acceptance' and `Assumption By-law',
Final Works including Roads and other related works 662
(f) WD-OS-O1 - St. Stephens Estates Subdivision, Phase 1, Plan
40M-1977, Bowmanville, Sidewalks on Lownie Court 668
(g) WD-06-O1 - Confidential Report re: Property Matter
(distributed under separate cover)
8. OPERATIONS AND EMERGENCY SERVICES DEPARTMENTS
(a) FD-02-O1 - Monthly Fire Report, January, 2001 701
9. COMMUNITY SERVICES AND CLERK'S DEPARTMENTS
(a) CD-09-O1 - Mark Stewart-Animal Licencing Services
Inc.- Agreement 801
G.P.& A. Agenda - 3 - February 19, 2001
10. CORPORATE SERVICES AND FINANCE DEPARTMENTS
(a) TR-06-O1 - Durham Purchasing Co-operative Supplier/
Contractor Information Night 901
(b) TR-07-O1 - Quotation Q2000-4, Supply of Concession
Beverages 905
(c) TR-08-O1 - Request to Council to Exempt Clarington
Branch 178 of the Royal Canadian Legion
From Municipal Property Taxes 907
(d) TR-09-O1 - Cash Activity Report -December, 2000 912
11. ADMINISTRATION
(a) ADMIN-OI-O1- Clarington Board of Trade 1001
(b) ADMIN-04-O1- Municipal Performance Measurement 1003
Program
12. UNFINISHED BUSINESS
13. OTHER BUSINESS
14. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee
February 5,2001
Minutes of a meeting of the General Purpose
and Administration Committee held on
Monday,February 5,2001 at 9:30 a.m.,in the
Council Chambers.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor D.MacArthur
Councillor P. Pingle
Councillor G.Robinson
Councillor J.Rowe
Councillor J.Schell
Councillor C.Trim
Also Present: Chief Administrative Officer,F. Wu
Director of Community Services,J.Caruana
Fire Chief,M.Creighton
Director of Planning and Development, D.Crome
Treasurer,M.Marano
Director of Public Works, S. Vokes
Deputy Clerk,M. Knight Stanley
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
f—
There were no disclosures of pecuniary interest stated at this meeting.
MINUTES
Resolution#GPA-097-01
1 _ Moved by Councillor Trim,seconded by Councillor Schell
THAT the minutes of a regular meeting of the General Purpose and
Administration Committee held on January 22,2001 be approved.
"CARRIED"
Resolution#GPA-098-01
Moved by Councillor Schell,seconded by Councillor Pingle
THAT Mike Bergsma be added as a delegation pertaining to Report PD-010-01.
"CARRIED"
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301
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G.P. &A. Minutes _2
February 5,2001
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DELEGATION
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(a) Mike Bergsma,75 Wellington Street, Bowmanville, L1C 1V6—
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requested that there only be one driveway rather than two and that the
existing driveway be widened by two to three feet. He also suggested
that a fence be installed along the property line as far as the next
neighbour : property and that there be more landscaping around the
parking lot. p g
Councillor Schell chaired this portion of the meeting.
PLANNING AND ENGINEERING SERVICES DEPARTMENTS
Rezoning Resolution#GPA-099-01
Application
Applicant: Kuipers, Moved by Mayor Mutton,seconded by Councillor Rowe
Cory and Rose
ZBA 2000-029
THAT Report PD-010-01 be received;
THAT the application to amend the Comprehensive Zoning By-law 84-63 of the -
former Town of Newcastle,as amended,submitted by Hull Drafting&
Development on behalf of Cory and Rose Kuipers,to permit an expansion to the
existing funeral home at 53 Division Street be approved;
THAT the amending by-law attached to Report PD-010-01 be forwarded to
Council for approval;
THAT a copy of Report PD-010-01 and the amending by-law be forwarded to
the Region of Durham Planning Department; and
THAT all interested parties listed in Report PD-010-01 and any delegation be j -
advised of Council's decision.
"CARRIED"
Proposed Resolution#GPA-100-01 '
Heritage Designation
PLN 34.5.1 Moved by Councillor Rowe,seconded by Councillor Trim
THAT Report PD-011-01 be received;
THAT the request of the Local Architectural Conservation Advisory Committee
to designate as historical structures 5277 Main Street,Orono;5161 Main Street,
Orono; 3335 Lambs Road, Part Lot 6,Concession 3, former Township of
Darlington and 4525 Concession Road 5, Part Lot 8,Concession 4, former
Township of Clarke, be approved;
THAT the Clerk prepare the required Notices of Intent pursuant to the
provisions of the Ontario Heritage Act and report back to Council following the ll
prescribed notification period; and
THAT all interested parties listed in Report PD-011-01 and any delegation be
advised of Council's decision.
"CARRIED"
302
G.P.&A. Minutes
-3 - February 5,2001
PLANNING AND ENGINEERING SERVICES DEPARTMENTS(CONT'D.)
Removal of Resolution#GPA-101-01
Part Lot Control
Applicant: Halloway Moved by Councillor Pingle,seconded by Councillor Robinson
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Holdings/Towchester
Dev. THAT Report PD-012-01 received;
ZBA 2001-002
THAT the request submitted by Halloway Holdings Ltd./Towchester
Developments Ltd.for removal of Part Lot Control with respect to Lots 1 to 7,
inclusive and Blocks 16 to 19, inclusive on Plan 40M-2020; and Lots 1 to 12,
inclusive and Blocks 69 to 72, inclusive on Plan 40M-2022 and that the removal
of Holding Symbol with respect to Lots 1 to 13 and a portion of Longworth
Avenue on Plan 40M-1910 be approved;
THAT the Part Lot Control By-law attached to Report PD-012-01 be approved
and forwarded to the Regional Municipality of Durham pursuant to Section
50(7.1)of the Planning Act R.S.O. 1990,as amended;
THAT the Amendment to Zoning By-law 84-63 attached to Report PD-012-01
be approved; and
THAT all interested parties listed in Report PD-012-01 and any delegation be
advised of Council's decision.
"CARRIED"
Request for Resolution#GPA-102-01
Three(3)
Crossing Guards Moved by Councillor MacArthur,seconded by Mayor Mutton
FILE: CG 1.5
THAT Report PD-013-01 received;
THAT an Adult School Crossing Guard not be approved on Simpson Avenue at
Jane Street in Bowmanville;
THAT the existing Crossing Guard at Scugog Street and Jackman Road in
Bowmanville be relocated to Scugog Street and Fourth Street at such time as the
section of sidewalk is constructed on Scugog Street between Sawmill Court and
Jackman Road;
THAT an Adult School Crossing Guard not be approved for Robert Adams
Drive at Whittaker Avenue walkway in Courtice;
THAT the Director of Public Works arrange for the installation of school
crossing signs,pavement markings and required sidewalk extensions at the
Scugog Street and Fourth Street location, at the appropriate time;and
THAT all interested parties listed in Report PD-013-01 and any delegation be
advised of Council's decision.
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"CARRIED" -
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G.P.&A. Minutes -4- -
February 5,2001
PLANNING AND ENGINEERING SERVICES DEPARTMENTS CONT'D.
Annual Resolution#GPA-103-01
Report on
Site Plan Moved by Councillor Trim, seconded by Councillor Robinson
Activities
THAT Report PD-014-01 received for information.
"CARRIED"
Hilltop Estates Resolution#GPA-104-01
Subdivision
Phase 2 Moved by Councillor Trim,seconded by Councillor Rowe
Plan 40M-1826
THAT Report WD-02-01 be received;
THAT the Director of Public Works 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-1826;and
THAT Council approve the by-law attached to Report WD-02-01,assuming the
streets within Plan 40M-1826 as Public Highways.
"CARRIED"
Release and Resolution#GPA-105-01
Abandonment
Of Storm Sewer Moved by Councillor Pingle,seconded by Councillor Rowe
Easement
Plan 40M-1977 THAT Report WD-03-01 be received;
THAT the Mayor and Clerk be authorized to execute,on behalf of the
Corporation of the Municipality of Clarington,the release and abandonment of
an existing storm sewer easement, identified as Parts l and 2, Plan 40R-19291;
THAT the applicant be responsible for all costs associated with the release and
abandonment of the easement, including document preparation and registration
costs,and
THAT Mr.John Purdue be advised of Council's decision.
"CARRIED"
Councillor Trim chaired this portion of the meeting.
OPERATIONS AND EMERGENCY SERVICES DEPARTMENTS
Monthly Fire Resolution#GPA-106-01
Report for Month
of December,2000 Moved by Councillor Schell, seconded by Councillor Pingle s
THAT Report FD-01-0! be received for information.
"CARRIED"
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G.P. &A. Minutes 5 -
February 5,2001
Councillor Rowe chaired this portion of the meeting.
COMMUNITY SERVICES AND CLERK'S DEPARTMENTS
Confidential Resolution#GPA-107-01
Report- Personnel
Matter Moved by Councillor Schell,seconded by Councillor Robinson
THAT the meeting be"closed"for consideration of Confidential Report
CS-04-01 pertaining to a personnel matter.
"CARRIED"
Resolution#GPA-108-01
Moved by Councillor Pingle,seconded by Councillor MacArthur
THAT the actions taken at the"closed"
meeting be ratified.
"CARRIED"
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES AND FINANCE DEPARTMENTS
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Application for Resolution#GPA-109-01
Cancellation,
Reduction or Moved by Councillor Trim,seconded by Councillor Robinson
Refund of Taxes
THAT Report TR-04-01 be received;
THAT the list of applications for cancellation,reduction or
refund of taxes attached to Report TR-04-01 be approved;and
THAT authorization be granted to write-off amounts below$300.00 rising from
timing differences in application of legislation pertaining to the frozen
assessment listing.
"CARRIED"
ADMINISTRATION
Agricultural Resolution#GPA-110-01
Task Force
( Moved by Councillor Rowe,seconded by Councillor Schell
THAT Report ADMIN-03-01 be received;
THAT Council approve the Terms of References for the Clarington Agricultural
Advisory Committee as attached to Report ADMIN-03-01;and
THAT the Clerk advertise the positions of the Agricultural Advisory Committee
and report back to Council.
"CARRIED LATER IN THE MEETING
SEE FOLLOWING MOTION"
305
G.P.&A. Minutes -6- February 5,2001
ADMINISTRATION CONT'D.
Agricultural Resolution#GPA-1 I 1-0 1
Task Force
Moved by Councillor Rowe,seconded by Councillor Robinson
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THAT the composition of the Clarington Agricultural Advisory Committee be
amended by adding two urban representatives to be appointed at large for a total
membership of eleven volunteer members.
"MOTION LOST"
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THAT the foregoing Resolution#GPA-l 10-01 was then put to a vote and
CARRIED.
UNFINISHED BUSINESS
= There were no items considered under this section of the agenda.
OTHER BUSINESS
' Cultural Services Resolution#GPA-112-01
Moved by Councillor Rowe,seconded by Councillor Robinson
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WHEREAS the Municipality of Clarington deems it desirable to provide
Cultural Services; and
WHEREAS a review of the Cultural Organizations has not been conducted for
sometime;
NOW THEREFORE BE IT RESOLVED THAT Council request staff to
perform an organizational review of the municipality's Cultural Services to
include Clarke Museum and Archives,the Bowmanville Museum and the Visual
Arts Centre and report back to Council.
"CARRIED"
ADJOURNMENT -
Resolution#GPA-113-01
Moved by Councillor Schell,seconded by Councillor Robinson
THAT the meeting adjourn at 10:30 a.m.
"CARRIED"
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MAYOR -
DEPUTY CLERK
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REPORT: PD-015-01
Bob Craig on behalf of
dn: craig-pn 1419345 Ontario Ltd.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
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TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public
meeting to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act, 1990, as
amended.
DATE: MONDAY, FEBRUARY 19,2001
TIME: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
I- 40 Temperance St.,Bowmanville,Ontario
— The proposed zoning by-law amendment,submitted by Bob Craig on behalf of 1419345 Ontario Ltd.,would
change the zone category of a 3.14 ha (7.75 acres) property located in Part Lot 11, Concession 1, former
Township of Clarke, between Highway 2 and Hill Street, and between Reid Road and Ovens Road,
Newtonville(as shown on the reverse) from "Agricultural (A) to an appropriate zone in order to permit the
development of six(6)single detached lots.
The lands in question are not subject to any other development p t application.
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support
of or in opposition to the proposal. Please note that the time listed above reflects the time at which the
General Purpose and Administration Committee Meeting commences,not
g necessarily y when this item will be
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IF A PERSON OR PUBLIC BODY that files an appeal of a decision of Clarington Council in respect of the
proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to
I_ the Municipality of Clarington before the proposed Zoning By-law is adopted, the Ontario Municipal Board
may dismiss all or part of the appeal.
ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8:30 a.m. and
4:30 p.m. (8:00 a.m. to 4:00 p.m. f o r the months of July and Aust) at the
Temperance Street,Bowmanville,Ontario or by calling Bob Russell at 623 3379.Planning Department, 40
DATED AT THE MUNICIPALITY
*1,LARIN
January 2001
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Municipality of Clarington
40 Temperance Street
BOWMANVILLE,Ontario L1C 3A6
PLANNING FILE: ZBA 2000-028
CLERK'S FILE: D14.ZBA.2000.028
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DN: P015-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
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Date: Monday, February 19, 2001 Res. #
Report #: PD-015-01 FILE#: ZBA 2000-028 By-law#
Subject: REZONING APPLICATION
L APPLICANT: BOB CRAIG ON BEHALF OF 1419345 ONTARIO LTD.
PART LOT 11, CONCESSION 1, FORMER TOWNSHIP OF CLARKE
FILE: ZBA 2000-028
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD-015-01 be received;
2. THAT the application to amend Comprehensive Zoning By-law 84-63 of the former
Town of Newcastle, submitted by Bob Craig on behalf of 1419345 Ontario Limited be
referred back to staff for further processing and the preparation of a subsequent report
following the receipt of the outstanding agency comments; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
Li Owner: 1419345 Ontario Limited
1.2 Agent: Bob Craig
1.3 Zoning: from "Agricultural (A)" to an appropriate zone that would permit six (6)
single detached lots
1.4 Area: 3.14 hectares (7.75 acres)
2. BACKGROUND
2.1 On October 19, 2000, the Planning and Development Department received an application
to amend Zoning By-law 84-63 in order to permit the development of six (6) single
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detached lots.
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REPORT NO.: PD-015-01 PAGE 2
2.2 The area subject to the proposal is located in western Newtonville, north of Highway 2,
east of Reid Road, south of Hill Street and west of Ovens Road. The more formal
location description is Part Lot 11, Concession 1, former Township of Clarke.
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The site is currently used for agricultural purposes. In recent years it has been used for a
hay crop.
3.2 The surrounding land uses are as follows:
North - hamlet residential and agricultural
South - Highway 2 and beyond, agricultural
East - hamlet residential
West - agricultural
4. PUBLIC NOTICE AND SUBMISSIONS
4.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and four (4) public notice signs (one for each frontage) were installed on the lands.
4.2 To date, the Planning and Development Department has received no telephone or other
inquiries.
5. OFFICIAL PLAN CONFORMITY
5.1 The Durham Regional Official Plan designates, the subject property Hamlet. In Policy
13.3.5, new municipal water service to a hamlet is intended for only the hamlet area
delineated in the area municipal official plan. Municipal water service was extended to
Newtonville in 1989. The subject property has been within the Hamlet of Newtonville
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since the 1980s. The application conforms provided the relevant portions of Policy
13.3.9 are satisfied.
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REPORT NO.: PD-015-01
PAGE 3
5.2 The Clarington Official Plan designates the subject property as Hamlet Residential. For
the Hamlet of Newtonville, the Official Plan requires all development is to be serviced by
municipal water. Minimum lot size can be reduced provided an engineering study
demonstrates the soil and groundwater conditions can support reduced lot sizes without
causing contaminated soil or groundwater. Residential development is conditional upon
available municipal water capacity and that there is no evidence of soil and groundwater
contamination which cannot be mitigated. The proposed development will be serviced by
municipal water, have lot areas in excess of 4,000 m2 or 1 acre (the usual minimum lot
tJ size) and have submitted studies showing there will not be soil and groundwater
contamination. In all these ways, the application conforms.
6. ZONING BY-LAW CONFORMITY
6.1 The subject property is zoned "Agricultural (A)" which permits, among other uses, one
single detached dwelling per existing lot of record. As the proposal is to provide for the
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severance of six (6) residential lots a rezoning is required.
7. AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and other departments by the
Planning
g and Development Department. Comments received to date are as follows.
1 7.2 The Regional Health Department requested:
a) a soil sampling program using two-metre deep test holes to reveal the soil profile
of the subject property;
b) a grading plan showing the proposed lot drainage pattern;
C) a hydrogeological report and an environmental impact analysis of the proposal on
adjacent water supplies; and
d) positive comments from the Ministry of Environment and Energy regarding
groundwater impact through development serviced by individual sub-surface
sewage systems.
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REPORT NO.: PD-015-01 PAGE 4
7.3 The Clarington Fire Department noted that turn-around facilities subject to its approval
are to be provided on Ovens Road. The applicant has confirmed turn-around facilities for
fire vehicles will be built on Ovens Road and the details of such facilities will be
determined when the land is divided. The Clarington Fire Department has indicated that
design details can be worked out at the time the land is divided.
7.4 The Regional Planning Department noted the following:
Although the area of the proposed lots is in Newtonville, a designated Hamlet, and
hamlets are the main location for rural settlement, the ro osal must
p p be accompanied by
studies addressing the requirements of Policy 13.3.9 of the Durham Plan. This includes a
recent hydrogeological report, a lot servicing plan, soil sampling tests and a grading plan.
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Other Regional requirements are as follows:
• A 3.0 m road widening, free and clear of all encumbrances, on the Highway 2
frontage and a 0.3 m reserve from Ovens Road to Reid Road.
• A site screening questionnaire is required.
• An acoustic report is required for the lots in close proximity to Highway 2.
• An agricultural report demonstrating no Minimum Distance Separation concerns
should be submitted to Clarington.
7.5 The Regional Works Department has remarked that municipal sanitary sewers are not
available in the area of the proposal. The proposal could be permitted provided that the
site is suitable for the operation of private sewage systems and provided that there will
not be any adverse impacts on the water supply, soil or groundwater conditions of
adjacent properties. Policy 20.7.7 of the Durham Plan states in part, that development r
shall have regard to soil conditions to provide for the installation of a satisfactory private
sewage disposal system which complies with the standards of the Region and the
Ministry of the Environment.
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REPORT NO.: PD-015-01
PAGE 5
Municipal water supply is available to the subject lands from the existing 200 mm
watermain on Highway 2 and Ovens Road. The owner will be required to extend a 150
mm minimum watermain on Reid Road and Hill Street, from Highway 2 to the
intersection of Hill Street and Ovens Road. This extension is for the proposed lots on
Reid Road. Land development in Newtonville, on municipal water supply, is subject to a
$6,000.00 water capacity allocation charge, per unit/lot. Prior to construction of the
watermain to Newtonville, the original landowner for the subject lands entered into an
agreement with the Region to secure capacity and paid development charges for five lots.
The owner will be required to pay for one more unit
of water capacity and development
f charges (at current rates) for construction of a dwelling on one additional lot. The
developer will be responsible for the payment of watermain frontage charges, at a rate of
$97.52 per metre of frontage. The lands have been previously assessed for 38.1 m of
frontage which will be credited. The developer will also be responsible for watermain
connection charges (at current rates - $1,665.00 each) for all proposed lots.
7.6 Comments remain outstanding from:
■ Clarington Public Works Department
■ Hydro One Networks Inc.
■ Ganaraska Region Conservation Authority
■ Public School Board
I • French-language Public School Board
■ Separate School Board
■ French-language Separate School Board
• Regional Police Service
■ Bell Canada
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8. STAFF COMMENTS
8.1 As the purpose of this report is to give the status of the application for the public meeting,
it is appropriate to have the application referred back to staff for further processing.
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605
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REPORT NO.: PD-015-01 PAGE 6
Respectfully submitted, Reviewed by,
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4dr , M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Director of Planning &Development Chief Administrative Officer.
BR*DC*cc
February 12, 2001
Attachment 1 - Site Location Key Map
Attachment 2 - Rezoning Plan
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Interested parties to be notified of Council and Committee's decision:
Bob Craig 1419345 Ontario Ltd.
Sutton Dynamic Realty Inc. c/o John Annis
43 Ontario Street Remax First
BOWMANVILLE, Ontario l_
6 Sunray Street L
L 1 C 2S4 WHITBY, Ontario
UN 9135 L
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DN:P016-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, February 19, 2001
Res. #
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Report#: PD-016-01 FILE#: ZBA 2000-012
By-law#
Subject: REZONING APPLICATION
APPLICANT: JUSTINIAN CREED
PART LOT 26, CONCESSION 5, FORMER TOWNSHIP OF CLARKE
FILE: ZBA 2000-012
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD-016-01 be received;
2. THAT the rezoning application ZBA 2000-012 as revised to amend Comprehensive
Zoning By-law 84-63 of the former Town of Newcastle, to permit an exotic mammal
facility, submitted by Justinian Creed, be REFUSED;
3. THAT a copy of Report PD-016-01 be forwarded to the Durham Region Planning
Department; and
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Justinian Creed
I 1.2 Amended Rezoning:
To rezone the subject lands on a temporary basis from "Agricultural (A)"
to permit a facility where exotic animals may be housed for the purpose of
an off-site education business. A maximum of 4 exotic mammals be
housed on the property, each mammal is not to exceed 100 kg and a
maximum of 2 mammal enclosures be erected. In addition, reptiles and
birds of prey would be boarded on the property.
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1.3 Site Area: 0.75 ha (1.86 ac)
2. LOCATION
2.1 The subject lands are located at 150 Tamblyn Road, east of Orono (see Attachment 1).
The property is contained within Part Lot 26, Concession 5, in the former Township of
Clarke.
i
609
i
REPORT NO.: PD-016-01
PAGE 2
3. BACKGROUND
i
3.1 On April 12, 2000, the owner submitted a rezoning application to the Municipality of
Clarington to rezone subject lot at 150 Tamblyn Road to permit an exotic animal facility,
and educational business, recreational fields, an education camp and a home office.
3.2 On April 25, 2000, Mr. Creed appeared as a delegation before Council to request an
exemption from the Exotic Animal By-law. Council passed a resolution which in part
reads as follows:
"THAT Mr. Creed be granted an exemption from By-law -
p y law 93 161, a by-
law to
prohibit and regulate the keeping of certain animals within the Municipality, in
order to allow for the keeping of exotic animals at his property located at 150
Tamblyn Road, Orono, Ontario, conditional upon final approval of the rezoning
application for the property."
i
I
3.3 Mr. Creed formally amended his application on June 5, 2000, to the following:
"A facility where exotic animals may be housed for the purpose of an off-a� .
education business. The zoning amendment shall only apply to the current owner,
Mr. J. Creed, there will be a maximum of 4 exotic mammals housed on the
property, each mammal is not to exceed 100 kg, and a maximum of 2 mammal
enclosures be erected. All zoo restrictions shall be applied."
3.4 Since the zoning amendment cannot be applied to the owner of the land, Mr. Creed
amended the application for a temporary zoning only.
3.5 On February 12, 2000, Mr. Creed verbally requested the application be amended to
permit reptiles and birds of prey on site.
4. SITE CHARACTERISTICS AND SURROUNDING USES.
4.1 The subject property contains a single detached dwelling unit on the eastern portion of the
lot, which has frontage and access to Tamblyn Road. The owner has constructed a berm
along the north boundary of the property abutting Ministry of Transportation property
(Highway No. 35/115).
610
REPORT NO.: PD-016-01
PAGE 3
4.2 Surrounding Uses:
East - vacant
North - Highway No. 35/115
West - Highway No. 35/115
South - Residential
E _
i
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Permanent Agricultural Reserve" within the Durham Region
Official Plan. The Permanent Agricultural Reserve is restricted to agricultural and farm-
related uses. The Region finds the raising of exotic animals to be in conformity with the
policies of the Durham Plan.
5.2 The Clarington Official Plan designates the subject lands as "Prime Agricultural Area".
The main permitted uses are farm and farm-related uses including the use of land,
I
buildings and structures for nurseries, the growing of crops and the raising of livestock.
The raising or keeping of exotic animals would be within the limits of an agricultural use.
Mr. Creed operates an office for his education business which would qualify as a home
business permitted by the Official Plan. The amended application conforms.
The original application, which includes an on-site education/recreation business, would
{
not conform to the Prime Agricultural Area policies. In this regard, the Plan identifies a
-: "Tourism Node" associated with Jungle Cat World. This designation allows for the
introduction of new related uses subject to a number of conditions. It is questionable as
to whether the original proposal would have qualified as a major tourism or recreational
facility.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A)", which on a lot less than 2 ha(5
acres) in area, permits only a single detached dwelling and accessory uses. The subject
L lot is 0.75 ha(1.86 acres).
611
REPORT NO.: PD-016-01 PAGE 4
The applicant is proposing to raise exotic mammals to be used in his off-site educational
business. The Zoning By-law permits the raising of exotic animals by site specific zoning
only, thus the application has been submitted. The office component of Mr. Creed's
business is permitted as a home occupation.
L
7. PUBLIC SUBMISSIONS
7.1 At the Public Meeting held June 5, 2000, a number of people spoke in objection to this
application and a petition (Attachment 3) was submitted to the Clerk's Department with
approximately thirty-two (32) names on it. The following is a summation of their
planning concerns: _
• approving an additional animal facility in this area would set a precedent for other
applications;
• the keeping of exotic animals here does not create jobs or promote tourism;
• animal waste will pollute the creek;
• creation of a distraction to motorists on Highway 35/115;
• limiting the number of animals to be housed on the subject lot;
• safety of neighbours if animals escape; and,
• the subject lot is not large enough to contain this type of use.
7.2 Five residents of Tamblyn Road signed the applicant's petition in support of the revised
application provided it was a temporary zoning; the exotic animal exemption would not
be inherited by new owners or occupants, there would be a maximum of four exotic
mammals and all zoo restrictions would be applied (Attachment 4).
7.3 In addition, the following organizations or businesses submitted letters or spoke at the
public meeting opposing the application:
I
• Jungle Cat World (Attachment 5)
• Zoocheck Canada (Attachment 6)
• Durham Region Humane Society
• Orono Horticultural Society (Attachment 7)
• Ontario Society for the Prevention of Cruelty to Animals (Attachment 8)
Jungle Cat World indicated their opposition to this application on the basis of animal
welfare and public safety.
6 12
REPORT NO.: PD-016-01 PAGE 5
Zoocheck Canada is a national organization established to monitor zoological facilities
across the country and to work for improved standards for captive animals. They are
opposed to this application for the following reasons:
• There is no need for another exotic animal facility with accredited zoological facilities
like Jungle Cat World and the Bowmanville Zoo.
i
• The Municipality has no regulatory powers to exercise control over the number or
type of animals held or the conditions in which they are kept.
• They are concerned for animal welfare given the size of the property, the proximity to
Highway 35/115 and close proximity of other animals.
• They are concerned as to whether proper safety and security features and emergency
protocols would be implemented.
A representative of the Durham Region Humane Society spoke at the public meeting and
agreed with the comments of Zoocheck Canada. In particular they were concerned with
the small size of the property and the type of housing for the animals.
The Orono Horticultural Society submitted a letter of opposition, indicating that the
property was unsuitable for this use.
The Ontario Society for the Prevention of Cruelty to Animals is opposed to anyone other
than accredited zoos keeping exotic animals. Only zoos can ensure that people with the
proper qualifications care for the animals and that the minimum voluntary standards are
complied with.
8. AGENCY COMMENTS
8.1 The Clarington Fire Department and Ganaraska Region Conservation Authority have no
objections to the proposal.
8.2 The Clarington Public Works Department has no objection in principle to the proposed
rezoning. However, if the applicant establishes a commercial operation, now or in the
future, the applicant will be required to make application for site plan approval.
613
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REPORT NO.: PD-016-01 PAGE 6
8.3 The Ministry of Transportation (MTO) has no objection to the application, providing no
new access to Tamblyn Road is permitted, a minimum 13.7 metre setback from all MTO
property is maintained for all buildings, structures and enclosures, and screening must be
provided such that animals will not be visible from the highway. No commercial signs L
will be permitted. Prior to any development, a Ministry Building and Land Use Permit
must be applied for and approved.
MTO would note that some adin
gr g work has already taken place. As a result, the
drainage pattern has been altered. MTO requires that the drainage course be restored to
its original condition (prior to the construction of the berm) or alternatively, that a
drainage plan and storm water management report be submitted for their review and
approval.
8.4 Durham Region has no objection to this application. The Regional Planning Department
states that the application conforms to the Regional Official Plan and has reviewed the �-
application with regard to Provincial policy and are satisfied it does not contravene
policy. The Region has no plans to introduce municipal water or sanitary sewer services
into this area of Clarington. Services will continue to be private well and septic system
and Regional Health has no objection to this application.
9. COMMENTS
i
9.1 The applicant has indicated that he has operated his business from his house for
approximately 5 years. He also indicated that during this time he has had exotic animals
at his home. Mr. Creed's business independently operated the wildlife outreach program
and zoo camp for Jungle Cat World Wildlife Park for a number of years. We are
informed that that business relationship was severed on August 31", 2000. Mr. Creed
continues to operate an educational program in schools and a zoo camp. The zoo camp
operates from a property that tie owns near Bracebridge in Muskoka.
I �
614
REPORT NO.: PD-016-01 PAGE 7
9.2 The Public Meeting held on June 5, 2000 was to consider an application for an exotic
animal facility to be used in conjunction with an education business and recreational
fields to be used in conjunction with an education camp. The proposal was initially
scaled back to include only the keeping of four (4) exotic mammals to be used in
conjunction with an off-site education business. On February 12'h, 2001, the applicant
clarified that he kept reptiles and birds of prey on site, which he would also like
considered as part of this application.
A new public meeting is not necessary since the proposal has been simple scaled back
from the original application.
9.3 The applicant originally proposed that the zoning could be limited to apply only as long
he owned the land. This is not legally possible, so the applicant has requested a three
year temporary zoning as a means of ensuring that, once zoned, Council would have the
opportunity to review the situation in three years time. He has indicated that if the
neighbours are satisfied that the facility is operating satisfactorily, he would be applying
to renew the zoning or having the temporary zoning made permanent.
9.4 Staff reviewed the objections raised by the public and organizations which are
summarized below:
• The keeping of exotic animals on the subject lands will not create jobs or promote
tourism
The revised application has deleted the on-site educational and recreational
components. The applicant is simply proposing to retain his business and will not
encourage public access to these facilities. As such, staff concur that this application
should not be evaluated as part of the Tourism Node identified in the Official Plan
615
REPORT NO.: PD-016-01 PAGE 8
Animal waste will pollute the creek
I
This facility would be much less obtrusive than most farming operations in terms of
pollution of the creek. The Regional Health Department does not find that the
keeping of exotic animals will create a health risk.
• The boarding of the exotic animals will create a distraction for motorists on
Highway 351115
The Ministry of Transportation is requiring screening from the highway.
An existing
berm isolates the site from the highway. The applicant has also indicated that he will
be planting larger coniferous trees around the, property's perimeter for year round
screening.
• The number of animals permitted on the site should be limited
i
The application requests a zoning that would limit the use to a maximum of four
exotic mammals being boarded, each mammal not to exceed 100 kg. Zoning
regulations are not able to regulate the number of animals.
• The safety and security of the animals and in the event of an escape, danger to the
residents
The applicant proposes a security fence with two double door animal enclosures. All
access to the exotic animals would require entry through 3 separate gates. The F
proposed enclosures would be as safe or safer than those of Jungle Cat World.
However, the Municipality is unable to ensure that proper safety procedures are
followed by the people operating the facility.
Due to the narrow configuration of the property, the animal enclosures would be
potentially exposed to people who may be curious or wish to do the animals harm. -
The applicant feels that with the screening of the site, including berms along Tamblyn
Road, and with supervision from his residence, this would not be a problem.
616
REPORT NO.: PD-016-01 PAGE 9
However a small facility as proposed would be unattended from time to time.
•
There is no need for another exotic animal facility with accredited facilities like i
Jungle Cat World and Bowmanville Zoo
The Municipality does not regulate business competition, only ensures the fulfilment
r-
of our Official Plan. The need for this type of business cannot be assessed.
• The subject lot is not large enough for this type of use
Residents and Zoocheck Canada have commented that they felt this 1.86 acre site was
too small for the proper caring of exotic mammals, in particular large cats. The
a proposed animal enclosures are 2100 sq. ft. and 2000 sq. ft. each. This is comparable
to enclosures within Jungle Cat World, although the number of animals in each
enclosure was not reviewed. Furthermore, this would meet or exceed the standards
for many types of animals established by zoological associations. However, there are
no enforceable national or provincial standards for exotic animals. If the number of
animals was limited, the size of the site or the size of the enclosures do not appear to
be a critical factor.
• Approving an additional exotic animal facility in this area would set a precedent
for other applications
Staff concur with this point. Until this point in time, the only exotic animal facilities
permitted were two major tourist attractions, the Bowmanville Zoo and Jungle Cat
World. The exotic animal by-law also exempts veterinary clinics so that they can
treat and board exotic animals. There is has been a growing interest in keeping
exotic animals, as evidenced in the recent MacLean's Magazine feature issue entitled
"Animal Wrongs". This application, while for a business, is on a smaller residential
lot and could lead to other requests to keep exotic animals.
617
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REPORT NO.: PD-016-01 PAGE 10
9.5 After consideration of the above, it is staff's position that the use of these lands as an
exotic animal facility, even for the purpose of an off-site education business, is not
desirable because it would set a precedent that could very easily lead to other applications
to keep exotic animals. The Municipality's approach to exotic animals to date has been j
twofold:
L
• either the keeping of defined exotic specifies is prohibited; or
Zoos and veterinarians are exempted.
While the Municipality does have the powers under the Municipal Act to regulate
"establishments for the breeding or boarding of animals", the difficulty is that there are
no widely accepted standards in Ontario. The Municipality has not attempted to prepare I
its own standards. Mr. Creed would not be a qualified zoological park and would not be
subject even to the voluntary standards of the Canadian Association of Zoological Parks
and Aquariums. This is not to say, however, that Mr. Creed does not properly care and
provide for his animals.
Once the door is open to permit individuals or small facilities to board exotic animals, it
will be difficult to not treat other applications in a similar manner. The Ontario Society
for the Prevention of Cruelty to Animals has taken the position that only accredited zoos
should board exotic animals. Staff concur with this approach.
r
10. CONCLUSIONS
10.1 Based on the comments contained in this report, it is respectfully recommended that the j
application by REFUSED.
i
. 618
i
i
REPORT NO.: PD-016-01 PAGE 11
Respectfully submitted, Reviewed by,
- David J. ome, M.C.I.P., R.P.P. lin Wu, M.C.I.P., R.P.P.
Director of Planning & Development Chief Administrative Officer.
LT*DC*cc
23 January 2001
Attachment 1 - Key Map
Attachment 2 - Site Plan
Attachment 3 —Adjacent Neighbours Petition
Attachment 4—Tamblyn Road Residents Petition
Attachment 5 —Jungle Cat World Letter
Attachment 6 - Zoocheck Canada Letter
Attachment 7 - Orono Horticultural Society Letter
Attachment 8 - Ontario Society for the Prevention of Cruelty to Animals
Interested parties to be notified of Council and Committee's decision:
Johannes M. Vanderveen Allen James Lagace Don E. Gaudet
Viola Jean Vanderveen 57 Tamblyn Road Carol Gaudet
86 Tamblyn Road R.R. #1 39 Tamblyn Road
R.R.#1 ORONO, Ontario LOB IMO ORONO, Ontario LOB 1M0
ORONO, Ontario LOB 1 MO
Anne Anderson James Bryce Lynde
Cornelis Mostert John Leslie Anderson Pauline Grace Lynde
Carol K. Mostert 61 Tamblyn Road 51 Tamblyn Road
87 Tamblyn Road R.R. #1 ORONO, Ontario LOB 1M0
R.R. #1 ORONO, Ontario LOB 1M0
ORONO, Ontario LOB IMO Wolfram Harro Klose
Hendrik John Prinzen Christa Klose
Christopher Hall Newton Didy Prinzen 3667 Concession Road 6
53 Tamblyn Road 155 Tamblyn Road ORONO, Ontario LOB 1M0
ORONO, Ontario LOB IMO ORONO, Ontario LOB 1M0
Owner/Occupant John Peter Van Dyk 29 Tamblyn Roadoung
55 Tamblyn Road 24 Tamblyn Road ORONO, Ontario LOB 1 MO
ORONO, Ontario LOB IMO ORONO, Ontario LOB 1MO
I
619
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REPORT NO.: PD-016-01 PAGE 12
iLorna Ferguson Durham Farmers Co-
3682 Concession Road 6 operative
R.R.#1 c/o Gordon Barrie
ORONO, Ontario LOB 1M0 5968 Co-op Road
Box 178
Grace Luella Peacock ORONO, Ontario LOB 1M0
Robert Bruce Peacock
5820 Gamsby Road Adelaide Maingot
ORONO, Ontario LOB 1 MO 71 Tamblyn Road
Barclay Robert Crozier ORONO, Ontario LOB 1MO j
Elizabeth Anne Crozier
5786 Gamsby Road
R.R.#1
ORONO, Ontario LOB 1M0
Gerald Miller Duvall
Jean Florence Duvall
5971 Co-op Road
P.O. Box 546
ORONO, Ontario LOB 1 MO
Charles Allen McMaster
Lola Thomison McMaster
5858 Gamsby Road
R.R.#1
ORONO, Ontario LOB 1 MO
Barry Pedwell
Gail Pedwell
47 Tamblyn Road -
ORONO, Ontario LOB 1 MO
Lillian Rowley
38 Blithfield Avenue
WILLOWDALE, Ontario
M2K lYl
Gezine Maria Eiken
4740 Main Street -
Box 5
ORONO, Ontario LOB 1 MO
Douglas A. Benedict
Christine Mary Benedict
5945 Co-op Road
R.R.#1
ORONO, Ontario LOB IMO
62
ATT-AGHMENT 1
SUBJECT SITE
150 TAMBLYN ROAD, ORONO
LOT 28 LOT 27 LOT 26 LOT 25
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CLARKE
KEY MAP Z B A 2000-012
C
621
TAUNTON ROAD OFF RAMP
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P
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0� Residence
1�
L�
TAMBLYN ROAD
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Proposed changes to include Enclosure A, Enclosure B
J` and to install a Security Fence around the enclosures.
ti All other features currently exist. Z
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Q, willow Tree ZBA 2000-012
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COUNCIL DIRECTION ATTACHMENT 3
)0014AY 23 pt-1 2:23:45 D-5
PETITION -0
GcV'
TO: CLARINGTON COUNCIL
_ SUBJECT: RE-ZONING OF 0.75 HA PARCEL OF LAND IN PART OF LOT 26,
CONCESSION 5, FORMER TOWNSHIP OF CLARKE
FROM: ADJACENT NEIGHBORS
We the neighbors of the above parcel of land are strongly opposed to the rezoning from
Agricultural to an appropriate zone permitting an EXOTIC ANIMAL FACILITY. This
parcel of land is also going to be allowed to be used for an educational business,
recreational fields in conjunction with an educational camp and a home office.
We are opposed to this re-zoning for the following reasons:
1. Concerned over the pollution from animal excretions going into the creek which flows
through the said parcel of land. This creek makes its way through Orono to the Orono
Park where many children play in the summer months.
2. Too close to the very busy highway 115/35 which borders the said parcel of land. The
fumes and over spray from the salt in the winter is not good for any animal. There is
also the possibility of distraction for motorists on seeing the animal pens and bon-fires
from the camp as they are traveling by resulting in a serious accident.
3. Neighbors have domestic animals very close by which will become very restless from
their instinct that wild animals are near by.
4. Noise from the animals is very annoying especially when there is inclement weather in
the air. Also since these are meat eating animals you have an offending odor from their
feces and the odor of the meat that is fed to them.
5. Not enough land to house animal pens and also have an educational camp on the same
facility. There is no room for parking therefore all the cars will have to park on the side
of Tamblyn Road which is very windy making it unsafe for everyone.
6. Once the parcel has been re-zoned there is no limitation to how many animals are
housed there.
7. There is already an existing exotic animal business directly east of Mr. Cree _q 1J'T' 0
houses the exotic animals and an educational facility there as well. This has , —
--
operating as long as Mr. Creed has been in the area. Why the change? We d
two facilities side by side. o ��
8. There are already six businesses in Clarington that are listed on Schedule "C' `
for more. -----=
9. When the time comes that Mr. Creed should sell the said parcel of land this a abbllpl TJ•
perhaps an inexperienced party to start up an exotic animal business which c
in the animals putting the public in an unsafe environment.
10.What happens if one of these animals escape.
WE ARE STRONGLY AGAINST THIS RE-ZONING.
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WE ARE STRONGLY AGAINST THIS RE-ZONING.
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625
NOT OPPO
-ATTACHMENT 4
S E 6
The following esidents of
9 Tamblyn Road herby do NOT oppose the zoning application ZBA
2000-012 of Justinian Scott Creed at 150 Tamblyn provided the zoning be worded to include
the following restrictions and limitations.
•the zoning application to be worded as follows:
"A facility where exotic animals may be housed for
the purpose of an off-site educational business."
the zoning application to be a temporary zoning (3years) and for council reconfirm _
that should Mr. Creed move from the premises, the exotic animal by-law exemption
will not be inherited by the new owners or occupants;
• a maximum of 4 exotic mammals be housed on the property each mammal is not to
exceed 100 kg and a maximum of 2 mammal enclosures be erected
• let all zoo zoning restrictions be applied.
Name Address Telephone p Signature
�3� 5�r7 4
(0 c
� F
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J L;i 0 9 2000 t
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MUNICtF !-'T', J 11AH' INGION
626 PLAT,,•. ter ?TPAENT
ATTACHMENT Jungle Cat World 5
•� 3667 Conc.6 �
Orono, ON
LOB 1 MO
MAY 1 5 2000
'� �•tw'"
tel:
.M �* 9 .5016 ION
• *1 '' fax: 9 83.8206
. . �� info @junglecatworld.com
FOR YOUR INFORMATION:
On April 25, Mr. Scott Creed appeared before Council to request an
exemption from Clarington's Exotic Animal by-law. In considering this
application, the Municipality of Clarington Planning and Development
Explore aworld of threatened Department will request input from Clarington's various Departments.
and endangered species This letter is to clarify any possible misunderstanding or assumptions
about Jungle Cat World's involvement with Mr. Creed's request.
Mr. Creed, under Immortal Incorporation, independently operates a
wildlife outreach program and zoo camp for Jungle Cat World Wildlife
Park. Though Jungle Cat World endorses his programs, we do not
support his endeavour to keep animals on his Tamblyn Road property
that borders on the busy 35/115 highway. Reasons include animal
welfare and public safety.
Jungle Cat World Wildlife Park, accredited by the Canadian Association
of Zoos and Aquariums, is more than qualified to house the animals used
for his wildlife education programs, and have always done so in the past.
It's unnecessary, if not a liability, for Mr. Creed to keep them on his 1.68-
acre lot. If Mr. Creed ever decides to sell his home, the zoning exemption
will remain. This only increases the possible risks associated with
keeping exotic animals with new and less experienced owners. It would
only encourage others to keep exotic animals on small building lots. We
lust want the community to know that we were completely unaware
of his intentions and oppose any exemption of Clarington's Exotic
Animal by-law.
By-law 93-161 prohibits and regulates the keeping of certain animals
- within the municipality. Currently, there are only six businesses listed on
Schedule "C" that have been granted exemption. They are: Bowmanville
JUNGLE CAT WORLD Veterinary Clinic, Courtice Pet Clinic, Durham Veterinary Clinic, East
3667 Concession Road 6 Oshawa Animal Hospital, Bowmanville Zoo Ltd., and Jungle Cat World.
Orono, Ontario Zoological parks and those in the possession of exotic animals must also
LOB 1M0 meet the strict criteria of the Canadian Association of Zoos and
Canada Aquariums.
TEL• 905,983,5016 The public is encouraged to voice their opinion at a public meeting in the
FAX: 905.983.9858 Council Chambers at the Municipal Administrative Centre June 5 at 9:30
www.junglecatvmrid.com am. Please feel free to contact us or visit if ou have any y questions or
concerns.
627
From,Holly Per-found To:Zoocheck Canada
Date:3/21/99 Time: 1:42:54 PM
Page
ATTACHMENT 6
C Et
CANADA
Mayor and Members of Council
Town of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mayor and Members of Council:
June 4, 2000
Zoocheck Canada is a national animal welfare organization
zoological facilities across the country g n established n 1984 to monitor
husbandry and housing. We collaborate regularly ith zoo associations,r ndividual zoos,wildlife
parks, and governmental and non-governmental agencies in this regard. We are currently
preparing draft standards for the keeping of native wildlife in captivity for consideration by the
Ontario Ministry of Natural Resources,
On Friday June 2"d, I learned that the Municipality of Clarington will be considering a request by
Mr. Justinian Creed for a zoning bylaw amendment which would change the zone category of his
Tamblyn Road (Concession 5 property f
facility and associated activitiesrI would appreciate the pportunitypto comment on the rnopos
proposal.
Zoocheck Canada is opposed to any change in zone category on the subject property that would
allow exotic animals to be housed or displayed for personal or commercial ur oses.
Opposition to the change is based on the following reasons: p p Our
EXOTIC ANIMAL FACILITIES AL
is situated almost directly across the street Eton Ju COMMON
World,RE established fished Zoologial property
facility accredited by the Canadian Association of Zoos and Aquariums (CAZA). A second l
accredited zoological facility, the Bowmanville Zoo, also operates within the Municipality of
Clarington. Six other captive wildlife facilities exist in the region as well.
E_
We see no need for another exotic animal facility in the area. Current recreational and educational
Opportunities involving captive wildlife are sufficient in the region. Additional facilities may
negatively impact on existing operations.
i
LACK OF MUNICIPAL CONTROL. The Province of Ontario currently has no legislation
governing the care and keeping of exotic(non-native) wildlife in captivity. There are no
requirements for opening and operating a zoological facility, and no standards for individual
animal housing and husbandry. Owners and managers of zoological facilities, who choose not to
adhere to the voluntary standards of the CAZA,can conduct themselves and operate their
businesses as they wish.
r
r
1
From:Molly Penfound To:Zoocheck Canada
Date:3!21/99 Time: 1:42:54 PM
i
Page 3 o
While standards for the keeping of native wildlife held by zoos, education and rehabilitation
centers and private citizens are being developed and should be phased in completely by January
1, 2001, animal species not native to the province will continue to remain unregulated. Ontario
facilities holding exotic animals are not now subject to provincial or federal regulation,nor will
they be in the forseeable future.
If the proposed zoning amendment is approved and an exotic animal facility opened, the
Municipality of Clarington will be unable to exercise any control over the type or numbers of
animals held or the conditions in which they are kept.
ANIMAL WELFARE. A number of factors that
are ust be
considered when constructing facilities to house exotic animals. Foremost tam among these is good welf
facility design.
It's important that the design incorporate adequate space for the inhabitants of the facility, as we
as for staff and visitors. Adequate cage and enclosure space helps create a "comfort level"for !1
animals, often preventing the development of aberrant behaviours and/or constant searches for
escape routes. The provision of adequate space is more complex than simply providing enough
room for an animal to walk a few paces in either direction. There are a multitude of factors
impact on the ability of a cage or enclosure to satisfy the animals'b ological/behavioural needs•
The actual location of animal cages and enclosures within the facility is also important and
involves consideration of additional factors including the source, type and frequency of stimuli
that might disturb the animals, and their reaction to other species being on the property.
Mr. Creed's Tamblyn Road property is approximately 1.6 acres in size and abuts Highway
35/115. I doubt he will be able to house animals appropriately given the small size of his property
and the extremely limited opportunities he has available to shift cages and enclosures according
to the animals'individual and species-specific requirements. This difficulty will be further
compounded by the inclusion of a zoo camp and other activities on the property.
.1 was informed that Mr. Creed has mentioned housing big cats and other species on his property. I
don't believe Mr. Creed's property is large enough to adequately house and care for more than a
few relatively small animals. To illustrate how much space is required for larger animals, I'd like
to reference the Tiger Foundation's guidelines for tiger enclosures. They recommend a range of
15,500 - 118,500 sq. ft. of appropriately outfitted and landscaped space per pair of tigers. As well,
there should be space for an outside buffer zone between the enclosure and the facility perimeter
fence.
The noise from Highway 35/115 and the close proximity of other animals within the facility, and
on neighbouring properties, may also be problematic from a visual, auditory and olfactory
standpoint.
Zoocheck Canada is also concerned about the use of exotic animals, particularly prolific breeders
like big cats and wolves, in education programs. As adult animals are considered too
unpredictable and dangerous to use in most presentations, especially when contact with the public
is allowed, young animals are used instead. Once the young reach sexual maturity though, they
are typically retired and replaced. Regretfully, most of the animals used in these kinds of
presentations are already over-abundant in captivity. If a retired animal can not be permanently
housed by the operator of the educational program, its placement in an acceptable facility may be
an almost impossible task. Tigers and other big cats are now so common in Ontario, they've been
2
629
From:Holly Pen,,... ro:Zoocheck Canada
Date:3121/99 Time: 1:42:54 PM - Page, f
advertised for sale for as little as $150. If programs require a constant source of new young
animals, they may be worsening an already severe surplus situation.
SAFETY AND SECURITY. Responsible zoological operations make every effort to protect
their animals, employees,visitors, and facilities by making safety and security a primary
objective. They do this by incorporating safety and security concerns into every aspect of facility
planning, construction and operation.
When considering new facilities, designers should consult with other facilities that house similar
animal species to find out what does and what does not work. Simply erecting a fence around a
parcel of land in the hope that it will safely confine a potentially dangerous animal is not
adequate.
Standard zoological facility safety and security measures are contained in the Canadian
Association ofZoos andAquariums Standards ofAnimal Care and Ho e European
using,th
Association of Zoos and Aquariums standards for the accommodation and care of animals in
ZOOS?as well as numerous legislated standards around the world. They include, but are not limited
to, the following:
Perimeter & stand-off fencing—perimeter fending must surround the entire facility, be at least
2 m in height, and topped with barbed wire.Perimeter fencing will discourage escaped animals
from leaving the facility grounds and will help prevent feral animals and human vandals from
entering. The bottom of the fence should be buried to a depth of.25 m or securely attached at
ground level to a.concrete base or skirt.
Stand-off barriers that keep the public a safe distance from the animal cages must be in place at '
all exhibits housing potentially dangerous animals, or animals that could be injurious to visitors if
contact were achieved. The public should not be able to access cages or enclosures by walking
around or stepping over barriers, and all barriers should be designed to discourage children from
climbing over them.
Double-door entranceways— All enclosures housing potentially dangerous animals must be
equipped with double door entranceways that allow staff members to enter the first door, locking
it behind them, before entering the actual animal enclosure through the second door. This g
measure is required to ensure that dangerous animals do not slip past staff as they enter
enclosures, or escape if they incapacitate a staff member. All cage and enclosure entrances should
be locked. E
Secure Secondary Containment Areas—All cages and enclosures should have secure
secondary containment areas for segregation of animals during enclosure clean'
maintenance, for specific veterinary cleaning and
dangerous animals, secure secondary containment areas d sare essential.1Staff housing. For should be able totially
i
secure the area, by a guillotine door or other device, without entering the enclosure.
Emergency Protocols— All zoological facilities must have protocols in place to deal with animal
escapes, staff or visitor illness and injury, severe weather,fire, and other emergency situations.
All staff should be thoroughly trained and familiar with emergency protocols, and the equipment
necessary to carry them out should be in place.
Tigers, cougars and other big cats, as well as a range of other species, have escaped from Onta '
facilities with alarming frequency frequency in recent years. In addition, there have been a rro
number of human injuries and deaths. Ontario examples include, a 16 ear old youth
arm torn off by a lion at a private zoo; a boy Y who had his
y killed by a "tame" pet tiger near Wend over; a
3
From:Holly Pen ound To:Zoocheck Canada
Date:3/21/99 Time: 1:42:54 PM
Page 3 of"
cougar severely biting the head of an infant near London; and a teenage man killed by his pet
Python in Brampton.
If the Council of the Municipality of Clarington chooses to consider exemptions to the current
exotic animal bylaw, or changes to zoning that would allow for new exotic animal facilities, a
detailed plan outlining what measures will be employed to protect animal, staff, public and
facility safety should be required. Because of the specialized nature of zoological facilities, we
also encourage Council to have the plan reviewed professionally.
If you require additional information about an
at y aspect of this let
a P to
any time. r, please feel free
to contact me
Sincerely,
Rob Laidlaw
Executive Director
Zoocheck Canada Inc.
_ 3266 Yonge Street, Ste. 1417
Toronto, Ontario,WN 3P6
- (Ph)416-285-1744
(Fax) 416-285-4670
r
E
G
4
631
'OOJUN06 Fri
ATTACHMENT 7 2:15,49 �
OCNEARIO HORTICUL7 QAL SOGZETY ,%
i
BOX 426 ��
ORON 2 ON LOB IMO ✓
May 16, 2000
MAY i 7 2000
Mayor Diane Hamre
Bowmanville Municipal Office y '}''��J�%!�%`LIjY o=CJARtR; x�y y
40 Temperance Street s �
Bowmanville ON
r
Attention: Ma or Hamre and Council of Clarin ton
Dear Mayor Hamre:
The executive and directors of the Orono
our protests and concerns regarding Mr. and Mrs.Justinian Creed to like ermit the voice
keeping of wild animals on a property totally unsuitable for this purpose.
The reasons being:
1. Close proximity to highway, animals would be subjected to noise, noxious
fumes and salt spray in winter months.
2. Lack of parking facilities and lack of space to provide parking.
3. Run off from animal waste into the stream on this property which
eventually runs into Orono Park which is a recreation area for children
4. Odor and noise from animals.
5. Once this land has been rezoned as a campground and wild animal
the exemption would be permanent and if this property was sold in the
cility
future this could result in a lot of problems for the neighborhood and the
municipality.
On an environment level we would like to see this parcel of land remain zoned as
agricultural. -- -...... ....._.. .__
Sincerely, t c•r. �_ -
(Patricia Bales Secretary) ��v �-i�"•? ! _.. �'a
The executive and • ��� � �+ ^ �'
directors of the Or
Horticultural Society
Cc: Charlie Trim . .... ...e,.... .....;
SU7 Regional Road 18 �"•T" '. ^�
Newtonvilie ON LOA 110 r •..•.
_V
632
02/13/2001 16:41 FAX 19058982161
ONT SPCA IiV4TsSTI
1dJ 01
- soar � ATTACHMENT 8
Ontario Society for the Prevention of Cruel
A reRi,rrired c adroble organisrion,numb,-,88969/ate RR000�Cruelty to Animals
16586 Woodbine Avenue. RR 3 Newmarket,Ontario L3Y 4W 1
TcI:(905) 898-7122 1 888 ONT=SPCA Fax: (905)853-8643
cpue���e ww%'.ospca.on,ca
Protecting animals since 1873
February 14, 2001
Ms. Susan Ashton,Planner
Development Review Branch
Municipality of Clarington
40 Temperance Street
Bowmanville ON L 1 C 3A6
Dear Ms. Ashton:
Further to our telephone conversation on February 13,2001, I would like to reiterate that
the Ontario SPCA is strongly opposed to private individuals keeping PmB exottc animals in
Every year the society is involved with or aware of incidents where `well m
individuals have problems with their easing'
issues,human safety issues must be considered-l guring In addition eW Years welfare ave be
several fatalities caused by wild animals in been
captivity, as well as serious injury incidents.
The issue of exotic animal ownership is not dealt with by provincial or federal legislation.
It is solely the responsibility of municipal government to protect the citizens as well as
the exotic animals by not allowing private individuals to keep those animals.
The Ontario SPCA urges all members of Claris
Amendment Application ZBA 2000-012. gton Council to deny the Zoning By-law
If I can be of further assistance to you or members of Cla
to contact me. tulgton Council, please feel free
Sincerely,
H.(Hugh) Coghill, Senior Inspector
Manager, Inspection Services
633
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, February 19, 2001 Res. #
Report #: PD-018-01 FILE #: A2000/047 TO A2000/050, A 2001/005, A2001/006 &
A
2001/008 By-law#
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF FEBRUARY 1, 2001
FILE NO'S.: A2000/047 TO A2000/050; A2001/005; A2001/006; A2001/008
Recommendations:
RN
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-018-01 be received; and
2. THAT Council concur with the decisions of the Committee of Adjustment made on
February 1, 2001 and that Staff be authorized to appear before the Ontario Municipal
Board to defend the decisions of the Committee of Adjustment.
1. All applications received by the Municipality for minor variance are scheduled to be
heard within 30 days of being received by the Secretary Treasurer. The purpose of the
minor variance applications and the Committee's decisions are detailed in Attachment
No. 1. Staff's recommendation and the decisions of the Committee are detailed below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR FEBRUARY 1, 2001
Application # Staff Recommendation Committee Decision
X2000/047 Table Tabled
X2000/048 Table Tabled
X2000/049 Table Tabled
X2000/050 Table Tabled
A2001/005 Table Tabled
X2001/006 Approve Approved
X2001/008 Approve Approved
634
REPORT NO.: PD-018-01 PAGE 2
i
2. Applications A2000/047 to A2000/050 inclusive had been tabled previously for a period
up to three (3) month at the October 19, 2000 Committee of Adjustment meeting. The
applicant was unable to satisfy the Planning Department that the requirements of the
Zoning By-law g y could be met, nor could the satisfy the
y y Public Works Department that
grading and drainage could be handled satisfactorily. As a result they requested further
tabling for a six (6) month period.
3. Application A 2001/007 was pulled from the agenda as the agent did not post the Public
Meeting sign a minimum of ten (10) days prior to the Public Meeting, as required by the
Planning Act. Providing the agent meets the Planning Act requirements, the application
will be heard on the February 22, 2001 agenda.
4. Staff have reviewed the Committee's decisions and are satisfied that the applications
which received approval are in conformity with the Official Plan policies, consistent with
the intent of the Zoning By-law and those approved are minor in nature and desirable.
Council's concurrence with the Committee of Adjustment decisions is required in order
to afford staff's official status before the Ontario Municipal Board in the event of an
appeal of any decision of the Committee of Adjustment.
Respectfully submitted, Reviewed by,
D v'd . Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning & Development Chief Administrative Officer
SA*DJC*cc
February 12, 2001
Attach.
E
635
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/047
********************
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
AGENT:
PROPERTY DESCRIPTION
SWINDELLS STREET
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -60
ZONING: (H) Rl
HEARING DATE: 1-Feb-01
APPEAL DATE: 21-Feb-01 DECISION: TABLED
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE
YARD SETBACK OF 4 . 55 M (14 . 93 FT) , INSTEAD OF THE REQUIRED 6 M
(19 . 69 FT) EXTERIOR SIDE YARD SETBACK.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED FOR A PERIOD OF 6 MONTHS TO ALLOW
THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN
COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE
DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS .
I
I
636
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/048
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
AGENT:
PROPERTY DESCRIPTION
SCOTTSDALE DR.
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -72
ZONING: (H) R1 i
1
HEARING DATE: 1-Feb-Ol `-
APPEAL DATE : 21-Feb-Ol DECISION: TABLED
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE
YARD SETBACK OF 4 . 55 M (14 . 93 FT) , INSTEAD OF THE REQUIRED 6 M
(19 . 69 FT) EXTERIOR SIDE YARD SETBACK.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED FOR A PERIOD OF 6 MONTHS TO ALLOW
THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN
COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE
DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS .
f
637
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/049
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
AGENT:
PROPERTY DESCRIPTION
BARLOW COURT
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -82
ZONING: (H) Rl
HEARING DATE : 1-Feb-01
APPEAL DATE: 21-Feb-01 DECISION: TABLED
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE
YARD SETBACK OF 4 . 55 M (14 . 93 FT) , INSTEAD OF THE REQUIRED 6 M
(19 . 69 FT) EXTERIOR SIDE YARD SETBACK.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED FOR A PERIOD OF 6 MONTHS TO ALLOW
THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN
COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE
DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS . -
638
i
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A00/050
********************
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
AGENT:
PROPERTY DESCRIPTION
SWINDELLS STREET
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -70
ZONING: (H) R1
I
HEARING DATE: 1-Feb-01
APPEAL DATE : 21-Feb-01 DECISION: TABLED
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF A DWELLING SETBACK 2 . 78 M (9 . 12 FT)
FROM AN ENVIRONMENTAL PROTECTION ZONE, INSTEAD OF THE MINIMUM
REQUIRED 3 M (9 . 84 FT) SETBACK.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED FOR A PERIOD OF 6 MONTHS TO ALLOW
THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN
COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE
DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS .
639
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A01/005
********************
APPLICANT: ROTH, W.E.
AGENT: D. G. BIDDLE & ASSOCIATES LIMITED
PROPERTY DESCRIPTION
�a
SOUTH SERVICE ROAD
PART LOT: 16 CONCESSION: BF
TOWNSHIP: DARLINGTON
PLAN NUMBER:
ZONING: (H) Ml & M1-6
HEARING DATE: 1-Feb-01
APPEAL DATE: 21-Feb-01 DECISION: TABLED
MINOR VARIANCE:
TO PERMIT THE DEVELOPMENT OF AN INDUSTRIAL BUILDING WITH A SETBACK
OF 10 M (33 FT) FROM A WATERCOURSE NOT ZONED "EP" , INSTEAD OF THE
MINIMUM REQUIRED 30 M (98FT) .
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED FOR A PERIOD OF UP TO THREE MONTHS
TO ALLOW THE APPLICANT TO RESOLVE THE DEVELOPMENT ISSUES .
640
I
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A01/006
E-
APPLICANT: HOGARTH, JIM
AGENT:
PROPERTY DESCRIPTION
9 WAVERLEY ROAD
PART LOT: 14 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: -
ZONING: R1
HEARING DATE : 1-Feb-01
APPEAL DATE: 21-Feb-01 DECISION: APPROVED
MINOR VARIANCE :
TO ALLOW AN ADDITION TO AN EXISTING SINGLE DETACHED DWELLING WITH
A 2 . 93 M (9 . 6 FT) SIDE YARD SETBACK, INSTEAD OF THE REQUIRED 4 . 5 M
(14 . 76 FT) SETBACK ON ONE SIDE OF THE DWELLING.
REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED AT 2 . 93 METRES AS IT IS IN
CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED
TO BE MINOR AND DESIRABLE.
k
641
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
I
FILE NUMBER: A01/008
********************
APPLICANT: HINTON, KATHY & CODYRE, JEANNE
AGENT: PERALTA, MICHAEL
PROPERTY DESCRIPTION
U6 57 HILLHURST CRES
PART LOT: 31 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: 1OM-820 -55
ZONING: R2
HEARING DATE: 1-Feb-01
APPEAL DATE: 21-Feb-01 DECISION: APPROVED
MINOR VARIANCE:
TO REDUCE THE REAR YARD SETBACK FROM 7 . 5 M (24 . 6 FT) TO 7 . 0 M
(23 . 09 FT) , TO PERMIT AN ADDITION TO AN EXISTING SINGLE DETACHED
DWELLING.
REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED FOR A REAR YARD SETBACK OF 7 . 0 f
METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-
LAW AND IS DEEMED TO BE MINOR AND DESIRABLE.
l
DN: PD019-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
File #
Date: Monday, February 19, 2001
Res. #
Report #: PD-019-01 File#: PLN 17.2.8
By-law#
Subject: WESTSIDE/BOWMANVILLE MARSH WETLAND COMPLEX
ENVIRONMENTAL MANAGEMENT PLAN STUDY
FILE No.: PLN 17.2.8
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1• THAT Report PD-019-01 be received:
2• THAT the Terms of Reference for the WestsideBowmanville Marsh Wetland Com lex
Environmental Management Plan Study, be approved; p
3. THAT Staff be authorized to draw on the funds contained in Reserve Account 5001-12-X
(Westside Marsh Environmental Management Plan Study) upon receipt of invoices
pertaining to the Study and its implementation from the Central Lake Ontario
Conservation; and
4. THAT Central Lake Ontario Conservation, Blue Circle Canada Inc, and Port Darlington
Community Association be forwarded a copy of this report and a copy of Council's
decision.
1. BACKGROUND
1.1 On November 7`h, 1997 Council endorsed the recommendations contained in ADMIN-47-
97 and the Principles of Understanding between the-Municipality of Caarington and Blue
Circle Canada Inc. (Blue Circle) to implement the recommendations from the Waterfront
Regeneration Trust on the Westside Marsh. The Principles of Understanding is a multi-
faceted agreement which among other things, requires Blue Circle to convey various
lands to the Central Lake Ontario Conservation, in particular the reconfigured Westside
Marsh, the tableland area between the Westside Marsh and Bowmanville Marsh and
some valleyland areas. (see Attachment #1). These lands would provide opportunity to
compensate for the loss of important habitat which would be quarried at the north end of
643
i
REPORT NO.: PD-019-01 PAGE 2
1.2 The Principles of Understanding also makes recommendations pertaining to the future
protection and enhancement of these lands. These include;
i
i) The preparation of an agreement between the Municipality and the Central Lake
Ontario Conservation respecting the management of the reconfigured Westside
Marsh and the Bowmanville Marsh and associated lands on the Lake Ontario
waterfront, known collectively as the WestsideBowmanville Marsh Wetland
Complex.
r
An Environmental Management Plan (EMP) for the wetland complex shall be
prepared and form part of the above-noted management agreement.
That, once the lands are transferred from Blue Circle to CLOC, Blue Circle will
contribute $94,000.00 to the CLOC Foundation for the EMP and seed money for
the initial improvements. The Municipality would contribute$100,000,00 towards
the cost of preparing the Plan and an initial seed funding for improvements to
wildlife habitat and interpretative features.
The lands and funds were transferred late in 2000.
1.3 The purpose of this report is to:
■ briefly describe the Terms of Reference for the Environmental Management
Plan study, and seek Council's approval for the same; and,
■ seek Council's authorization to draw from Reserve Account 5001-12-X
(Westside Marsh Environmental Management Plan) upon receipt of invoices
from the CLOC for the study and its implementation.
2• OVERVIEW OF THE TERMS OF REFERENCE
The Terms of Reference for the WestsideBowmanville Marsh Wetland Complex
Environmental Management Plan Study form Attachment#2 to this report.
I-
2.1 Study Purpose
The purpose of the study is to develop an Environmental Management Plan that will
provide for the long term management and enhancement of the WestsideBowmanville
Marsh Wetland Complex.
i_
The EMP for the wetland complex, among other things, shall:
a) ensure, to a reasonable extend, that there will be no net loss in wildlife habitat and
vegetation through the implementation of measures that will be designed to replace
the ecological functions of the present Westside Marsh;
644
REPORT NO.: PD-019-01
PAGE 3
b) ensure that the ecological functions of the Complex are improved through the
implementation of designed measures;
C) provide for appropriate access to the lands by members of the public, including
measures to ensure public safety and minimize damage to ecological functions;
d) address all constraints including the Blue Circle quarry operations, Ontario Power
Services Corporation operations, existing residential uses and the C.N. Railway;
e) provide interpretation opportunities for members of the public; and
f) identify and prioritize implementation actions required to be taken by CLOC other
public authorities and the private sector. '
2.2 Study Process
_ The Study will be co-ordinated by the Municipality of Clarington Planning and
Development Department and the Central Lake Ontario Conservation. The Municipality
and the CLOC will be responsible for gathering all existing information related to natural
heritage and natural hazard conditions as well as cultural and recreational uses, analyzing
the baseline conditions; preparing a summary of the opportunities and constraints;
identifying the goals and objectives and preparing an implementation strategy. The
assistance of a professional consulting firm will be required to assist in gathering missing
information and in articulating a vision for the wetland complex.
2.3 Public Participation
The general public and all stakeholders will be invited to participate in the study process.
The stakeholders will be invited to a one-on-one discussion with Staff to discuss their
vision for the waterfront. Three workshops will be held throughout the process to present
existing information, define a vision and goals and objectives for the wetland complex
and finally to review and select a preferred management option. In addition, newsletters
will be published throughout the study process to keep the public informed.
2.4 Study Schedule
The study will begin in winter 2001 and finalized in winter 2003 with the approval of the
EMP by Clarington Council and the CLOC Board of Directors.
k�
I
I
- 645
REPORT NO.: PD-019-01 PAGE 4
2.5
The funding for the study has been defined in the Principles of Understanding as noted in
Section 1.2 of this report. The funds are in a separate Reserve Account for the Study and
will be drawn upon when invoices are received by CLOC for the cost of the study and for
implementation.
3. STAFF CONMENTS
i
3.1 The Terms of Reference were prepared by staff of the Planning and Development
Department and CLOC. A draft was circulated to the Port Darlington Community
Association and Blue Circle for their information and comments. Comments were
received from Port Darlington Community Association, which were incorporated in the
Terms of Reference as appropriate. Blue Circle offered no comment.
3.2 The preparation of the Environmental Management Plan is another condition that is being
fulfilled under the Principles of Understanding between the Municipality of Clarington
and Blue Circle with respect of the Westside Marsh. The study will commence once the
Terms of Reference are approved by Council.
Respectfully submitted, Reviewed by,
c
Davi rome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Direct of Planning and Development Chief Administrative Officer
CS*BN*DC*sh
February 8, 2001
Attachment 1 Key Map/Open Space Scheme
Attachment 2 Terms of Reference r
C
646
REPORT NO.: PD-019-01
PAGE 5
Interested parties to be notified of Council and Committee's decision:
Ms. Glenda Gies
Port Darlington Community Association Blue Lynn Davidson
RR#2, Box 63 Blue Circle Canada Inc.
BOWMANVILLE, Ontario 400 Waverly Road South �
L1C 3K3 BOWMANVILLE, Ontario
L1C 3K3
Central Lake Ontario Conservation Authority
100 Whiting Avenue
Oshawa, Ontario
L1H 3T3
I
6417
„
it
.�
BLUE
CIRCLE
. v
!t �L( 1"'Yjyrb'il ebs"{S
��) J•t 'iy%�:.? �a,., i�`=°'„tiff;';..,: y<''�-
r �';w. ;�i�i'�ya;i.@.j; k n�''tl4hf:,•.1� r.�`•s,:!, 1 t*ii f
11 ;`;..,'��.fit I!�.','...d, '�':'. >i';��'�+s'!•:r�r:. Fa,+:.�.;'
LANDS t i• f 34 ' �'���`#.�i�s�:F:°S.�k�.a t`{!. Y�`rbs#t...�':'.+..N?;.}d"c;:)i..1 � I
I��, � C pr...dddddd�.y�.,'.����•y" �r;�.!,,5.� �.,lyl` :q..G.r.tr.•A.!...
Y' S � rRry I
III "YC-'i —"`•�•.?t.^.yt;�` ;S'7,';'i.t�`+:,
OVERFLOiN
CHANNEL
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- - i
ATTACHMENT 2
I
WESTSIDE/BOWMANVILLE MARSH WETLAND COMPLEX
ENVIRONMENTAL MANAGEMENT PLAN STUDY
TERMS OF REFERENCE
1. INTRODUCTION
Westside Marsh is a provincially significant wetland located on the shore of Lake Ontario south
of Bowmanville. A majority of the marsh was slated to be quarried under a license held by Blue
Circle Canada Inc. In 1993, the Waterfront Regeneration Trust, at the request of the
Municipality of Clarington and Blue Circle, agreed to help resolve numerous issues related to
Blue Circle's operation on the Lake Ontario waterfront, including their plans to quarry the
Westside Marsh.
A report issued by the Regeneration Trust in 1995 presented a concept for
the preservation of the Westside Marsh. Under this concept, the southern portion of the Marsh
would be retained and this remnant marsh would be enhanced and augmented with additional
habitat on site or in the Bowmanville Marsh which lies to the east.
As a result of this process, Blue Circle and the Municipality approved "Principles of
Understanding" to implement the Waterfront Regeneration Trust concept. Under these
Principles, the Municipality and the Central Lake Ontario Conservation (CLOC) are to enter into
an agreement respecting the management of the reconfigured Westside Marsh, the Bowmanville
Marsh and associated lands on the Lake Ontario waterfront, known collectively as the
Westside/Bowmanville Marsh Wetland Complex. The Terms of Reference for the study to
develop the Environmental Management Plan (EMP) for the wetland complex shall form part of
the management agreement.
The Environmental Management Plan for the Westside/Bowmanville Marsh Wetland Complex, -
once prepared, will be approved by Clarington Council and the CLOC Board of Directors. —
_ 649
II. PURPOSE OF STUDY
The purpose of this
rP study is to develop an Environmental Management Plan that will provide for
the long term management and enhancement of the reconfigured Westside Marsh and the
Bowmanville Marsh and the associated lands on the Lake Ontario waterfront, known collectively
as the Westside/Bowmanville Marsh Wetland Complex.
The Environmental Management Plan for the Westside/Bowmanville Wetland Complex, amon
other things, shall: g
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a) ensure, to the extent reasonably practicable, that there will be no net loss overall in
wildlife habitat and vegetation through the implementation of measures that will be
designed to appropriately replace the ecological functions of the present Westside Marsh;
b) ensure that the ecological functions of the Complex are improved through gh the
implementation of appropriately designed measures;
C) provide for appropriate access to the lands by members of the public, including measures
to ensure public safety and minimize damage to ecological functions;
d) address all constraints including the Blue Circle quarry operations, Ontario Power
Services Corporation operations, existing residential uses, and the C.N. Railway;
e) provide interpretation opportunities for members of the public;
fl identify and prioritize implementation actions required to be taken by CLOC, the
Municipality, other public authorities and the private sector.
III. SCOPE OF STUDY
The study area is roughly bounded by Lake Ontario to the south, the C.N. rail line to the north,
the Mearns Avenue road allowance east of the Bowmanville Water Pollution Control Plant to the
east, and the former Waverly oad
Y road allowance to the west. The study area includes the
following features:
■ the reconfigured Westside Marsh south of the proposed berm
■ the Bowmanville Marsh
• the upland connector between the two marshes, including the woodlot
Westside/Bowmanville Marsh Wetland Complex EMP Study
Terms of Reference
?650
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• the diverted Westside Creek
• the overflow channels from Westside Marsh into Lake Ontario
• the Bowmanville Creek valleylands south of Highway 401
•
the residential communities of Cedar Crest Beach, Cove Road, West Beach and East Beach
• the Waterfront Trail
• the Bowmanville Water Pollution Control Plant and Water
Supply Plant property
• Wiggers Custom Yachts -
• the Port Darlington Marina/Hotel
• industrial uses including Dufferin Concrete.
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• Boat ramp and associated lands and uses immediately north of the Bowmanville Marsh.
The study area overlaps in art with lands ds included in the Port Darlington Secondary Plan, the
Recommended Land Use Strategy of the Clarington Waterfront Study, Bowmanville Waterfront
Recreation Area and the Valleys 2000 Concept Plan. The recommendations of those documents
should be considered during the development of the Environmental Management Plan.
IV. ESTABLISH BASELINE CONDITIONS
1• PURPOSE
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It is important to establish the natural heritage and natural hazard conditions, as well as
the cultural and recreational uses, which currently exist within the study area. This will
allow the changes, which will occur due to large scale development, in particular the
expansion of the Blue Circle quarry, to be monitored and appropriately managed.
Information on conditions currently existing within the study area will be drawn from a
number of sources, including the following:
a) the Bowmanville/Soper Watershed Aquatic Resources Management Plan
Background Report, March 1999;
b) Westside Marsh Fisheries Habitat Compensation Report; M.M. Dillon Limited,
October 1997;
c) Habitat and Community Impact Working Groups - Waterfront Regeneration Trust L
Process, November 1995;
Westside/Bowmanville Marsh Wetland Complex EMP Study
Terms of Reference 3 651
d) Clarington Waterfront Study Background Report, Bird and Hale, August 1992;
e) Port Darlington Planning Area Background Study, F.J. Reindeers and Associates
Ltd, March 1992;
i
Lake Ontario Shoreline Management Plan, Sandwell Swan Wooster, December
1990.
9) Valleys 2000 Concept Plan, Schollen and Company, February 2000.
h) Bowmanville Waterfront Recreational Area, Schollen and Company, December
2000.
2. NATURAL ENVIRONMENT
2.1 Natural Heritage Conditions
Information
regarding the existing natural heritage conditions within the study area will
be collected on:
a) fisheries;
b) vegetation;
C) wildlife and habitat usage;
d) physiography (geology, soils and terrain);
e) surface water;
G
0 ground water;
g) functional relationships.
2.2
Natural Hazards
Information regarding the flooding and erosion hazards within the study area will be
collected on:
a) Westside Creek including the new diversion channel;
b) Bowmanville Creek;
C) Soper Creek;
d) Westside Marsh including the overflow channel into Lake Ontario;
e) Bowmanville Marsh;
0 Lake Ontario shoreline.
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 4
652
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2.3 Identify Information Gaps
The review of existing information sources will identify what additional information will
need to be obtained in order to provide a comprehensive understanding of the existing
natural heritage and natural hazard conditions within the study area. Given the nature
of the studies completed in the study area, it is anticipated that the largest information
gaps will be related to wildlife, habitat usage, and functional relationships.
2.4 Field Work to Fill Information Gaps
A four season program of field work will be designed and implemented to "fill in" the
identified information gaps. Field work will commence in the 2001 summer season and
be completed at the end of the spring 2002 season.
2.5 Historical Context
Available information regarding historical natural environment conditions will be
reviewed for the study area, and represented in a chronological summary.
ary.
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3. CULTURAL
3.1 Land Use
Information regarding existing land uses within the study area will be collected
including:
a) the Port Darlington/Marina/Hotel;
b) the Bowmanville Harbour Conservation Area;
C) the Cedar Crest Beach Residential Community;
d) the Cove Road Residential Community; F
e) the West Beach Residential Community;
f) the East Beach Residential Community;
g) the Bowmanville Water Pollution Control Plant and Water Supply Plant;
h) Blue Circle Canada operations-
i) Wiggers Custom Yachts;
j) the Port Darlington Harbour Company lands;
k) industrial uses including Dufferin Concrete;
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 5
653
1) Municipal properties.
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3.2 Recreation
Information will be collected regarding recreational uses which currently take place
within the study area, including:
a) angling;
b) boating;
C) nature appreciation and bird watching;
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d) hiking/bicycling/Waterfront Trail.
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3.3 Historical
Information will be collected regarding the historical use of the study area:
a) First Nations use of the area in pre-European times;
b) earl European Y p settlement;
C) activities associated with Port Darlington in the 19th and 20th centuries.
V. ANALYSIS OF BASELINE CONDITIONS
1. NATURAL ENVIRONMENT
1.1 Analysis of Existing Conditions
Information related to the existing natural heritage and natural hazard conditions within
the study area will be analyzed to:
a) characterize the health of the individual elements of the ecosystem, and their
sensitivity to disturbance;
b) gain an understanding of ecological relationships, including the significance of
individual elements to maintaining the ecological integrity of the marsh complex ;
C) identify areas requiring restoration and/or preservation.
1.2 Identify and Analyze Impacts from Blue Circle Quarry Expansion and Fisheries f
Compensation Plan
A considerable amount of information has been gathered with respect to the Westside
Marsh. This information will serve as pre-reconfiguration baseline conditions. The
WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 6
654
expansion of Blue Circle's quarry operations and the various works related to the
reconfiguration of Westside Marsh have not yet occurred. However, the new conditions
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that will result from these activities will need to be considered as post reconfiguration
baseline conditions when determining the most appropriate approaches to the
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management of the Westside/Bowmanville Marsh Complex.
2. CULTURAL
2.1 Analysis of Existing Conditions
Information related to the existing cultural and built conditions within the study area will
be analyzed to determine:
a) the impact of these land uses on the health and ecological integrity tegnty of the natural
environment;
b) land uses located on hazardous sites;
C) determine the wishes and requirements of the public for recreation, business, and
living within the study area.
2.2 Identify and Analyze Impacts from Future Development
The management of Westside/Bowmanville wetland complex must also recognize future
development which may occur in the study area, including:
a) the expansion of the Bowmanville Water Pollution Control Plant;
b) Blue Circle quarry operations;
C) residential build-out in the Cove Road residential community;
d) development in the Port Darlington Secondary Plan area;
e) activities associated with Wiggers, including boat building, maintenance and
storage, the boat launch and dredging of the Bowmanville Creek channel;
f) activities associated with the Port Darlington Marina, including dredging, marina
operations and the restaurant/hotel;
g) recreational uses such as angling, boatin
g including commercial charter boats,
nature appreciation including bird watching, skating and cross country skiing and
the extension of the Waterfront Trail;
h) the concept plan for Valleys 2000 adjacent to Bowmanville Creek.
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 7
i) development of the Bowmanville Waterfront Recreational Area.
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3. OPPORTUNITIES AND CONSTRAINTS
The analysis of baseline conditions within the study area will identify the opportunities
and constraints which must be addressed in the development and implementation of the
Environmental Management Plan for the WestsideBowmanville Marsh Complex.
Examples of opportunities and constraints which may be identified through this analysis
are provided below.
3.1 Natural Environment
a) Existing trails;
' b) Publicl y owned lands;
C) Significant views;
d) Contaminated sites;
e) Preservation of environmentally sensitive and significant features;
f) Enhancement of degraded environmental features;
g) Existing and future hazardous sites.
3.2 Cultural
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a) Existing trails;
b) Publicly owned lands;
C) Privately owned lands;
d) Significant views;
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e) Archaeologically and historically significant sites.
C
VI. IDENTIFY GOALS AND OBJECTIVES
1. VISION STATEMENT
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The articulation of a Vision Statement for the WestsideBowmanville Marsh Complex
will allow principles to be developed to guide the long term management of the area.
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The Vision Statement, as well as the goals, objectives and management options, will be
k=
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 8
696
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developed in consultation with the public and other arties which p hich have an interest in the
marsh complex.
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2. PRELIMINARY GOALS AND OBJECTIVES
The following preliminary g p ary goals and objectives for the WestsideBowmanville Marsh
Complex have been proposed to stimulate discussion.
2.1 Natural Environment
a) To maintain and enhance the ecological integrity of the WestsideBowmanville j
Marsh Complex;
b) To restore an appropriate upland corridor to complement the ecosystems of the -
Bowmanville Marsh and the reconfigured Westside Marsh.
2.2 Recreation
a) To provide for public access to the area for angling, boating, bird-watching, and
hiking, skating and cross country skiing in a manner that is compatible with the
natural heritage goals;
b) To provide natural environment and cultural interpretation opportunities for the
public.
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2.3 Community
a) Encourage opportunities for public and private H
P p e land and water stewardship
including partnerships with community groups, other agencies and industrial or L'
commercial interests.
VII
IMPLEMENTATION STRATEGY
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The involvement of all parties interested in the WestsideBowmanville Marsh Complex is
particularly critical during the development of the implementation strategy for the Environmental
Management Strategy.
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 9
657
1. MANAGEMENT OPTIONS
1.1 Develop And Review Management Options
Various management options will be reviewed and evaluated to determine their ability to
achieve the goals and management objectives for the WestsideBowmanville Wetland
Complex. Criteria to assist in the review of the various management options will be
developed.
1.2 Identify Preferred Management Option(s)
Based on the review, one or more preferred management options for the marsh complex
will be identified.
2• MANAGEMENT
ZONES
2.1 Define Management Zones
A Management Zone is a specific area within the larger study area within which one or
more specific management objectives can be achieved. Dividing the marsh complex
into a number of smaller Management Zones facilitates the implementation of the
preferred management option(s).
2.2 Define Preferred Management Options for Each Management Zone
IG_
A more refined and detailed work plan will be prepared to assist with implementing
natural environment and cultural measures. The refined plan should include a time
schedule and cost estimates for various works.
2.3 Identify Implementation Mechanisms
Measures to implement the preferred management options will be reviewed, including:
a) Land acquisition;
b) Land stewardship;
C) Capital works
d) Partnerships with community groups and other public agencies.
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 10
6 58
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VIII. STUDY PROCESS
1. STUDY CO-ORDINATION
I•
The Environmental Management Plan study will be co-ordinated by representatives from
CLOC and the Municipality of Clarington.
2. STAKEHOLDERS
Stakeholders in the Environmental Management Plan process are those parties, which
have an interest in the health of the WestsideBowmanville Marsh Complex. These
include but are not limited to;
a) the Municipality of Cl
P ty anngton;
b) the Central Lake Ontario Conservation;
C) the Region of Durham;
d) Ontario Power Services Corporation;
e the Ministry of Natural Resources;
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0 the Department of Fisheries and Oceans; I
g) the Waterfront Regeneration Trust;
h) Blue Circle Canada;
i) the Port Darlington Community Association; f
j) the Port Darlington Marina/Hotel;
k) Wiggers Yachts;
1) industrial uses including Dufferin Concrete;
m) Valleys 2000 (Bowmanville) Inc.;
n) Bowmanville Anglers;
o) Durham Field Naturalists:
P) the general public.
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3. PUBLIC PARTICIPATION
The public and stakeholders will be invited to participate in the study process.
Westside/Bowmanville Marsh Wetland Complex EMP Study
Terms of Reference 11
65.9
3.1 Stakeholder Interviews
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CLOC and-the Municipality of Cl
arington jointly will interview the stakeholders at the
beginning of the study process to understand the interests of each group in developing the
Plan.
3.2 Workshops/Public Information Centres
Three workshops/Public Information Centres will be held as follows:
a) Workshop/Public Information Centre# 1
• To present information regarding baseline conditions in the study area
■ To present the analysis of the background information
■ To begin the process to define a Vision Statement and goals and objectives for
the Wetland
Complex.;
b) Workshop/Public Information Centre# 2
■ To finalize the definition of a Vision Statement and goals and objectives for
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the Wetland Complex;
C) Workshop/Public Information Centre# 3
• To review and select implementation options.
IX. IMPLEMENTATION AND MONITORING OF EMP
An appropriate framework must be defined within which the implementation of the EMP can be
monitored. This framework must provide for a periodic review of the effectiveness of
implementation measures, and a mechanism to amend the EMP to account for changing
circumstances, such as available funding and community support.
X. STUDY SCHEDULE
c The study will begin in winter -2001 and will finish in winter 2003 with the approval of the
EMP by Clarington Council and the CLOC Board of Directors.
The timing of significant milestones in the stud process' Y i
P s illustrated on Attachment No. 1.
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WestsideBowmanville Marsh Wetland Complex EMP Study
Terms of Reference 12
AAn
STUDY SCHEDULE Attachment No. 1
Winter Spring Summer Autumn Winter Spring Summer Autumn Winter
2001 2001 2001 2001 2002 2002 2002 2002 2003 2003+
Background Research
Field Program
Analysis of Background
Information
151 Workshop/Public
Information Centre
Draft Vision Statement
Goals&Objectives
2nd Workshop/Public
Information Centre
Draft Management ,
Options
3`d Workshop/Public
Information Centre
Finalization of EMP
Approval of EMP
N
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Implementation of EMP
Westside/Bowmanville Marsh Wetland Complex EMP Study
11 Tl F
7-1 I � Ter Refi
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: FEBRUARY 19,2001 Res.#
i Report No.: WD-04-01 By-Law#
Subject: ROWLAND COURT SUBDIVISION, COURTICE, PLAN 40M-1893,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1• THAT Report WD-04-01 be received;
2. THAT the Director of Public Works 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-1893; and
3• THAT Council approve the by-laws attached to Report WD-04-01, assuming the streets and _
blocks within Plans 40M-1893 and l OM-809 as Public Highways.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2: Road Dedication By-law(40M-1893)
No. 3: Road Dedication By-law(I0M-809)
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2.0 BACKGROUND
2.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement,
registered September 24, 1997, with Charles David Rowe and Jane Christine Rowe to
662
REPORT — -
NO.: WD-04-01
PAGE 2
develop lands by plan of subdivision, located in Courtice and described as Plan 40M-1893
(Attachment No. 1). The agreement required the developer to construct all roadworks,
including hot-mix paving, sodded ditches, a storm drainage system and street lights,
hereinafter referred to as the'Works'.
2.2 The subdivision agreement provides for the separation of the Works into four(4)stages:
(a) Initial Works;
(b) Street Lighting System;
(c) Final Works; and
(d) Stormwater Management-System
2.3 The Initial Works and Street Lighting System Works were issued 'Certificates of
Completion' and subsequent'Certificates of Acceptance'by the Director of Public Works, as
per the maintenance requirements set out in the Subdivision Agreement.
2.4 There are no Stormwater Management System Works associated with this project.
2.5 The Final Works were issued a 'Certificate of Completion' dated October 28, 1999. This
initiated a one (1) year maintenance period which expired on October 28, 2000. The Works
have been re-inspected and all deficiencies have now been rectified to the satisfaction of the
Director of Public Works.
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2.6 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 any 'Acceptance l
Certificate' for Final Works.
2.7 Further to the issuance of a 'Certificate of Acceptance', a by-law is required to permit the
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Municipality to assume certain streets and blocks within Plan 40M-1893 as public highway, r
and a 0.3m reserve block on Plan IOM-809 as public highway (Attachments No. 2 and No.
3).
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663
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REPORT NO.: WD-04-01
PAGE 3
Respectfully submitted, Reviewed by,
Stephen AV�OkP. Eng., Franklin Wu
Director of Public Works Chief Administrative Officer
i
*SAV*ce
06/02/01
664
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Devondale Drive O
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PLAN 10M-809 c
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Q E
Block 128,\ McLellan Drive
Plan 10M-809
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OWLAND COUR
SUBDIVISION
PLAN 40M-1893
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Nash Road L
Block 31 Block
d Widening)
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Na sh ' �-
Road-"
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UBJEF
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Highway No.2
DRAWN BY:J.R.M DATE:JAN.2001
REPORT NO. WD-04-01
KEY MAP ATTACHMENT NO. 1
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Jm�p-ftf-1-/-tW h./.ubWgpm1893
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001-
Being a By-Law to establish, lay out and dedicate certain lands as
public highways and to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of
Clarington.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as
follow: r
1. THAT the street and blocks shown on Plan 40M-1893 and listed below and listed 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:
= Rowland Court -
Block 13 Widening on Nash Road)
BY-LAW read a first and second time this 26h day of February 2001.
BY-LAW read a third time and finally passed this 26"day of February 2001.
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MAYOR
MUNICIPAL CLERK
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ATTACHMENT NO.:
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001-
Being a By-Law to establish, lay out and dedicate certain lands as
public highways and to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of
Clarington.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as
1
follow:
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1. THAT Block 128 on Plan 10M-809,being in the Municipality of Clarington,in the
Regional Municipality of Durham, is hereby established, laid out and dedicated as
public highway by the Corporation of the Municipality of Clarington,and assumed
by the said Corporation for public use.
BY-LAW read a first and second time this 264 day of Febnwy 2001.
` BY-LAW read a third time and finally passed this 26"day of February 2001.
MAYOR
MUNICIPAL CLERK
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ATTACHMENT NO.: 3
L L 7 orpniDT ATr% . IV- .,.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
1
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: FEBRUARY 19,2001 Res.#
Report No.: WD-05-01 Our File: B.02.08.002 By-Law#
_ Subject: ST. STEPHENS ESTATES SUBDIVISION, PHASE 1,
PLAN 40M-1977, BOWMANVILLE
SIDEWALKS ON LOWNIE COURT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1• THAT Report WD-05-01 be received; and
2. THAT Council authorize the completion of sidewalks on Lownie Court, in accordance with
this report,when weather permits.
REPORT
1.0 ATTACHMENTS
No. 1: Key Map
No. 2: Petition from Lownie Court residents dated November 28, 2000
F 2.0 BACKGROUND
2.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement,
registered August 31, 1999 with St. Stephen's Estates Inc. to develop lands by plan of
subdivision, located in Bowmanville and described as Plan 40M-1977. The agreement
gr t
required the developer to construct all roadworks, including sidewalks along the north side
of Lownie Court(Attachment No. 1).
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2.2 Mr. and Mrs. Cochrane of 92 Lownie Court approached the Municipality on November 27,
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2000 to inquire why sidewalks were required at the west limit of Lownie Court.
668
REPORT NO.: WD-05-01 PAGE 2
Mr. Cochrane explained that he bought a home on a court because the builder assured him
there would be no sidewalks. Engineering staff reviewed the drawings (approved May,
1999) and confirmed that sidewalk was required on Lownie Court linking to Mearns
Avenue, and that it could not be deleted because it formed part of the sidewalk network for
the neighbourhood as a whole.
2.3 Mr. Cochrane advised that the sidewalk was presently being constructed, and he felt that it
was unfair that the sidewalk would be finished before he could pursue the issue politically
with a petition. It was stressed to Mr. Cochrane that even with a
petition, it was very
unlikely that the sidewalk would be deleted due to the neighbourhood pedestrian issues
involved. However, in fairness to his concerns of having insufficient time to pursue the
issue politically, staff contacted the site engineers who agreed to postpone the sidewalk
installation. Due to the inclement weather and late season construction, staff and site
engineers were able to agree on postponement of installation until Spring. It was clarified to
Mr. Cochrane that this delay in construction must not be misinterpreted as a decision to
eliminate the sidewalk and that staff would not be supporting his request. He appreciated j
this assistance, and agreed to clarify the situation to his neighbours.
2.4 A petition was subsequently received by Council in early December (Attachment No. 2)
showing that most of the directly affected residents prefer not to have sidewalk on this court.
3.0 REVIEW AND COMMENT
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3.1 Although most new homeowners agree with the need for sidewalks in new subdivisions,
many prefer not to have sidewalks fronting their own property. As a result, the Public
Works Department often receives requests to relocate sidewalks to the `other side of the
street' or to delete sidewalks altogether. Engineering staff advise residents that sidewalks
benefit the entire neighbourhood by providing links to walkways, parks, schools and major
roads, etc. In this particular situation, a direct sidewalk link to Mearns Avenue is an
important component of the neighbourhood's pedestrian network.
440
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REPORT NO.: WD-05-01
PAGE 3
3.2 The Public Works Department encourages prospective new homeowners to inquire at our
offices regarding sidewalks, lot grading and any other relevant issues that may concern
them,prior to making their purchase. Many people take advantage of this service.
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3.3 Public Works (Engineering Division) has maintained a policy that once a sidewalk location
is approved, it must not be relocated or deleted to accommodate individual requests from
residents fronting it. Relocation or deletion would affect the neighbourhood sidewalk
system and would also undermine staff's commitment to other potential buyers who have
been assured of the sidewalk location.
3.4 In this specific situation, staff reviewed a compromise to reduce the visual impact of the
isidewalk on the boulevards for Houses #96, #98, #102 and #104. Since the cul-de-sac is
offset, it results in increased walking distance around the bulb. Engineering staff propose to
carry pedestrian traffic across the bulb to eliminate the sidewalk around the bulb
(Attachment No. 1). This compromise is reasonable since there is no through vehicular
traffic at the bulb and the intent of the neighbourhood sidewalk network is still maintained.
f 4.0 CONCLUSIONS AND RECOMMENDATIONS
F 4.1 Based on the issues outlined in this report, it is recommended that staff be authorized to
complete the sidewalk when weather permits, in the modified location outlined in this
report.
Respectfully submitted, Reviewed by,
Stephen . V
p okes, P. Eng., Franklin Wu,
Director of Public Works Chief Administrative Officer
NAC*SAV*ce
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104 ' 102 98
i 96 ' �1
92` 90
ELIMINATION OF
PROPOSED SIDEWALK
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Lownie Ct
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m RE ISED LOCA ION
g OF NEW SIDEWALK
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Guildwood Dr
SdJECT
SITE
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BOWMAN/LLE N r
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(� DRAWN BY:J.R.M DATE:FEB.2001
L-� Concession St E
REPORT WD-05-01
I--�� KEY MAP ATTACHMENT NO. 1
671
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C"CIN0v"'
MR & MRS ROBERT COCHRANE
9Z IOWNIE C.OUn Tol�Phon�(90M)697.0543
BOWMANVIUY-ON.UC 5E1
To Whom it May Concern:
November 28, 2p00
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We the residents of Lownie Court in the Municipality of Clarington wish to bring to
Council the issue of sidewalks being placed on our court. As a home owner on a court
we do not feel that we should be subject to excess pedestrian traffic. This is one main
reason people choose to buy on a court (some sort of Pedestrian
I{I
would be no sidewalk and also were shown plans by the builder showing no sidewalk on
our court. There are two (2) other routes people can take to
a main thoroughfare (Meams Ave.) Pease consider this as our access formal either the school or
to have this brought to Council's attention as soon as application
(P&e )
consideration into this matter. possible. Thank You for your —
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Name
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67 ? ATTACHMENT NO.:
•DTi onwr fVA 'Kim ri�
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Meeting: - File#
Date:
FEBRUARY 19,2001
Res.#
_ Report#: FD-02-01 10.12.6
By-law#
Subject: MONTHLY FIRE REPORT—JANUARY 2001
RECOMMENDATIONS:
It is respectfully sp lly recommended: r
THAT R -
Report FD 02 O1 is received for information.
1. BACKGROUND
1.1 Our report covers the month of January 2001. It is our intent to provide Committee with
information relevant to this department, in a timely manner.
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2. REPORT
2.1 The department responded to 209 calls in January and recorded total fire loss at 6
breakdown of the calls responded to follows. $ 5,700. A
f--
f -
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Continued......
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FD-02-01 _ 2 _
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MONTH YEAR MONTH YEAR
EN DING TO ENDING TO
JAN/01 DATE JAN/00 DATE
CLASSIFICATION 2001 2000
PROPERTY FIRES
(Includes structure, chimney, vehicle,
F14 14 29 29
miscellaneous e.g, furniture, clothing, etc.)
UNAUTHORIZED BURNING
(Burning complaints)
FALSE FIRE CALLS
(Includes alarm activations-
accidental/malicious, human-perceived 26
26 39 39
emergencies/check calls e.g. investigate
unknown odour) 7
PUBLIC HAZARD CALLS
(Includes propane/natural gas leaks,
fuel/chemical spills, power lines 27 27 29 29
down/arcing, C.O. leaks, etc.)
RESCUE CALLS
(Includes vehicle extrication/accidents,
commercial/industrial accidents, 37 37 22 22
home/residential accidents, water/ice rescue)
MEDICAL ASSIST CALLS
(Includes assist to ambulance personnel with 97 97 72 72
respiratory and resuscitation emergencies)
MISCELLANEOUS CALLS L
(Includes assist to other agencies, other 7 7 4 4
public service, etc.) I�
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TOTAL CALLS 209 209 195 195
TOTAL FIRE LOSS
$65,700 $65,700 $226,500 $226,500
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NUMBER OF ALARMS BY STATION
_ST. #1 ST. #2 ST. #3 ST. #4 ST. #5 TOTAL -
99 28 15 54 13 209
Continued....
7n ?
FD-02-01 _ 3 _
3. RECOMMENDATIONS
3.1 It is respectfully recommended that report FD-02-01 is received for information.
Respectfully submitted,
Reviewed by
f
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Michael G. Crei f n,AMCT, CMM11 Franklin Wu,
Fire Chief Chief Administrative Officer
/sr
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703
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
Date:
Monday, February 19, 2001 File #
CD-09-01 Res.
Report #:
By-law
- Subject: MARK STEWART—ANIMAL LICENCING SERVICES INC. - AGREEMENT
Recommendations:
It is respectfully recommended t
recommend to Council the following: the General Purpose and Administration Committee
g '
1 THAT Report CD-09 -01 be received;
2• THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat
licences door to door in the Municipality of Clarington for the year 2001
commencing on March 5, 2001 until September 30, 2001 and subject to review by
Council at the termination of the agreement;
3• THAT the Agreement be executed by the Mayor and Municipal
authorizing By-law be forwarded p Clerk and the
_ to Council for approval; and
4• THAT Mark Stewart, Animal Licencing Services Inc., be advised of Council's cil's decision.
1• BACKGROUND
1.1 For the past four years, Animal Licencing Services Inc., has been contracted by the
l Municipality to sell pet licences door to door from March 1 to September 30.
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1.2 The chart below reflects the positive financial impact of the exe
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agreements:
cution of the
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Report CD-09-00
- 2 -
February 19, 2001 j
YEAR
TOTAL
1996 Sale of dog licences by Municipality,
$13,936.00
and outlets
1997 Sale of dog licences by Municipality,
$35,369.00
Outlets and Animal Licencing Inc.
1998 Sale of dog licences by Municipality, $40,179-05
Outlets and Animal Licencing Inc.
1999
Sale of do g licences by Municipality, $39,628.00
Outlets and Animal Licencing Inc.
2000 Sale of dog and cat licences by $76 995.00
Municipality, Outlets and Animal
Licencing Inc.
* This amounts includes commissions of approximately $15,000.00.
1.3 Staff is very
ry pleased with the increase in number of licences sold as this represents an
increase in revenues as well as the opportunity for more dogs and cats to be returned
to their owners if they are lost or brought to our animal shelter.
1.4 The contents of the Agreement attached to Report CD-09-01 as Schedule "A" remain
the same as the Agreement executed in 2000.
2• RECOMMENDATIONS
{
Staff therefore recommends:
2.1 THAT Report CD-09-01 be received;
1=
802
Report CD-09 -01
- 3 _ February 19, 2001
2.2 THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat
licences door to door in the Municipality of Clarington for the year 2001
commencing on March 5, 2001 until September 30, 2001 and subject to review by
Council at the termination of the Agreement;
i
2.3 THAT the agreement be executed by the Mayor and Municipal Clerk an
authorizing By-law be forwarded to Council for approval; and d the
f.-
2.4 THAT Mark Stewart, Animal Licencing Services Inc.
be advised of Council's decision.
- An advertisement will be placed in the local newspapers to inform our residents of the pet t
licences being sold door to door.
Respectfully submitted,
Reviewed by,
Patt' , A.M.C.T.
unicipal Clerk Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
MPKS*PLB:dm
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Attachment #1 – By-law and Agreement
Interested parties to be advised of Council's
decision
Mark Stewart, Animal Licencing Services Inc.
111 Victoria Street E. #1 !
Whitby, Ontario L1 N 8X1
- Animal Advisory Committee
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Attachment-#I
to Report CD=09-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON !
BY-LAW 2001- '
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being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and Animal Licencing Services Inc.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON H
AS FOLLOWS: EREBY ENACTS
THAT the Mayor and Municipal Clerk are hereby authorized to execute on behalf of
L
the Corporation of the Municipality of Clarington, and seal with the Corporate
Agreement with Animal Licencing Services Inc. for the sate of dog/cat licences "door
? to door" in the Municipality of Clarington from March 5, 2001 to September 30, 2001
2. THAT the Agreement attached hereto as Schedule "A" forms part of this By-law.
BY-law re -
Y ad a first and second time this 26"day of February, 2001.
By-law read a third and finally passed this 26"day of February, 2001.
1
MAYOR
r
MUNICIPAL CLERK
8 .94
Attachment-11
to Report CD-09-01
1
This Agreement signed in Triplicate on the 26"day of February, 2001.
BETWEEN:
The Corporation of the Municipality of Clarington
and-
"The Municipality"
-
Animal Licensing Services Inc. j
"contractor"
AGREEMENT
The Contractor has provided a proposal to the Municipality for selling Dog and
Cat licences to the residents of Clarington on a contracted "door to door is
Agreement is being entered into to clarify the tetras and conditions on which and this
will be rendered. services
The Municipality and the Contractor both acknowledge that
received adequate consideration to enter this contract. g they have each
Table of Contents
Article 1.00 Scope of Services
Article 2.00 Tetra and Renewal 1
Article 3.00 Rent/Remuneration 2
Article 4.00 Rights and Obligations of the Municipality 3
Article 5.00 Rights and Obligations of the Contractor 4
Article 6.00 Covenants, Representations and Warranties S
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Of the Contractor
Article 7.00 General 6
Article 8.00 Termination 7
Article 9.00 Definitions $
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1.0 Scotte of Services
1.01 Licence Sales:
The Contractor shall provide the service of selling dog
and cat licences to the residents of the Municipality of Clarington, door to door. This
operation will be carried out between the hours of 9:00 a.m. and 8:00 p.m., from
Monday to Saturday, (excepting statutory holidays) for the term of this contract.
1.02 Other Services-
------- The Contractor shall communicate 10 the residents of
Clarington the reasons and benefits for dog/cat licensing. This will include the
distribution of brochures and other literature regarding the licensing of dogs/cats in
Clarington, as provided by the Municipality.
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2
2.00 Term and Renewal
2.01 Term:
This contract will have a fixed term of March 5, 2001 to
September 30, 2001. This service is being contracted on a trial basis for that period.
The effectiveness of the program will be evaluated at that time and a decision made
t
with respect to future requirements and procedures.
2.02 Renewal: This contract has no right for renewal. I
3.0 Remuneration
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3.01 Remise: The Contractor shall snake weekly deposits in the full amount of
all proceeds of all licence sales to an account to be opened by the Municipality for this ~
Purpose at the Municipality's bank in Bowmanville. Cash, cheques made payable to
the Municipality of Clarington, or credit card payments (Visa, Mastercard) will be
acceptable for payment of licences.
3.02 Remuneration:
-emun Remuneration in the amount of e4.00 for the sale of each
dog or cat licence shall be paid to the Contractor on a weekly basis. Registration forms `
and invoices to support the licences sold must be submitted to the Municipality by
9:00 a.m., the Monday following the completed work week. A cheque will be issued
on the following Friday, provided the remuneration exceeds $50.00. Where this
minimum requirement is not met, then payment shall be deferred to a following Friday
when the $50.00 has been achieved. Where a cheque received by the Contractor I'
proves to be N.S.F., such cheque shall be handled by the Municipality in the manner
E =
normally prescribed under Municipality procedures for the handling of such cheques
under other circumstances. Payments to the Contractor shall be withheld.
3.03 Data: Data collected with respect to door-to-door sale of licences shall be
delivered to the Animal Shelter by 12:00 noon on the Monday following the collection f
of the data, t
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3.04 Books and Records: The Contractor agrees to keep such books and records of
the operation of the licence sales as the Municipality may require, and allow the
Municipality access at all times to inspect these books and records. The Contractor
agrees to employ an Auditor licenced under the Public Accountancy Act, R.S.O. 1990,
c.P.37, s.14 (as amended from time to time), whose identity is acceptable to the I
Municipality.
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3.05 Dis ute: In the event that a dispute arises between the Contractor and the
Municipality as to the amount of money payable to either party pursuant to this
Agreement, the decision shall be referred to the Municipal Clerk (or such other person
as she may designate), and the decision of the Municipal Clerk (or designate) as to the
amount of the payment shall be final.
4.00
RI his and 0_2bli ations of the Munici ality of Clarington
4.01 Exclusivity:
---- The Municipality covenants that it shall not retain any other door-
to-door sales persons for animal licences during the currency of this Agreement.
4,02 No Guarantee: The Contractor acknowledges that the Municipality
made no representations, warranties or estimates regarding expected sales of licences to
the residents of Clarington. The Municipality has made no predictions or
estimates
whatsoever regarding g profits or sales. �
4.03 Confidential Records: The Municipality will provide to the Contracto r
list of individuals who have already purchased their r, a
heir dog/cat licences for the year 2001
and will provide him with an update of individuals purchasing licences throughout the
year by non door-to-door sales. Such information is considered to he of a confidential
nature.
4.04 Reference
Materials. All reference materials required to educate the residents of
Clarington with respect to the animal licencing program shall
Contractor by the Municipality. be provided to the
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` 4.05 Training:
The Municipality will provide appropriate training to the
Contractor and/or his.employees/agents regarding the benefits of animal licencing,
prior to the commencement of the Agreement.
4.06 Waiver:
— The failure of the Municipality to insist, in one or more
instances, upon the performance of the Contractor of his employees/agents of any of the
terms and/or conditions of this Agreement shall be be construed as a waiver of the
future performance of any such term and/or condition and the obligations
Contractor shall continue in full force and of obligations the
'— effect.
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4.07 Advertising: The Municipality shall have the right to place advertising in the
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appropriate media (local newspapers or radio) from time to time introducing and
Promoting the animal licencing program and its benefits.
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5.0 Rights and Obli
t?ationc of the!�
5.01 No Assignment•
----- The Contractor acknowledges that the background and j
experience of its princmal officer. Mark Stewart, as well as the proposal submitted to
the Municipality under his name were key components in the Municipality's entering
into this Agreement. The door-to-door sales are to be conducted only by the Contractor
and any of his employees or agents that have received the prior approval of the
Municipality.P ty. The Municipality reserves the right to revoke the authority to sell dog/cat
licences to an employee/agent of the Contractor. The Contractor agrees that it shall not
transfer the business (as it operates) to another person or co
acknowledges that he is not entitled to assign all or an corporation, and
Without the prior written consent of the Municipality. y port of this Agreement
withhold consent to an assignment in its sole and Tabsolu ecdiscre may arbitrarily
non. Nothing
contained in this agreement prohibits the Contractor from performing similar services
for other municipalities or companies.
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5.02 Lawful Operation: The Contractor shall, at all times, hold and maintain in
good standing any licences or permits required by Federal, Provincial or Municipal
laws and regulations.
5.03 Insurance:cane: The Contractor shall obtain and maintain comprehensive liability
insurance from a company satisfactory to the Municipality. ^
This insurance shall:
(a) have a limit of liability of not less than $2,000,000.00 (two million
dollars)per occurrence for property damage and bodily injury;
(b) cover all operations and liability undertaken by the Contractor pursuant
to this Agreement;
(c) include both "owned" and "non-owned" vehicle coverage;
(d) be endorsed to provide that the policy or policies will not be altered,
cancelled, or allowed to lapse during the currency of this Agreement k
(including any renewal) without thirty (30) days prior written notice to
the Municipality; and
(e) name the Municipality as additional insured.
5.04 Inde �,' 'r
=Hite--atton: The Contractor agrees that it will be ftom time to time, -
and at all times, hereafter, well and truly save, keep harmless and fully indemnity the
Municipality and its elected officials, employees and agents and its successors and
assigns, from and against all actions, claims, and demands whatsoever which
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may be brought against or made upon the Municipality and against all loss, liability,
judgements, claims, costs, demands or expenses which the Municipality sustain, suffer
or be put to resulting from or arising out of the Contractor's failure to exercise
reasonable care, skill or diligence in the performance or rendering of any work or
service required hereunder to be performed or rendered by the Contractor, its agents.
servants, employees or sub consultants or any of them.
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5.05 -----____— _Bo__nd: Inasmuch as this Agreement covers working on Municipal and private property within Clarington
�
without supervision, the Contractor
must provide evidence that all personnel employed in, or, u
of Clarington are covered b a Fidelity Bond of not less Pon or about the premises
y ty fan $10,000.00 for each
individual involved on Municipal property or private property w1d1ia Clarington.
LER
5.06 Workers' Compensation:
The Contractor acknowledges that this Agreement
� is a "Contract for Service" and
that it and its employees/agents are deemed to be
independent Operators under the Operational Policy of the Workers' Compensation
Act, R.S.O. 1990, Sections t (1) (m), and 11. In the event that the Contractor must
register with the Workers Compensation Board as an emplover, it shall furnish Workers
Compensation Board Clearance Certificates to the Municipality
required to confirm its good standin at 45 day intervals or as �
Independent Operator's status shall form a part of this Agreement.Compensation Board letter of
5.07 E ui menr. The Contractor shall supply its own transportation during the
currency of this Agreement. The
equipment and office materials required totcollect and disseminate the data required by
the Municipality.
5.08 Idention: The Municipality shall provide identification for each of the
Contractors approved employees/agents that is the official identification for
representing the Municipality. one
P tY• This will be a photo identification card
Presented when making call at a private residence or private Property will be
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Municipality, P P Petty within the
5.09 Confidential
---------___ The Contractor agrees that all information received from
_ the Municipality and from the residents of the Municipality of Clarington with re nformspect ation
E
g within the Municipality of Clarington is confidential i
and shall be treated accordingly. This confid
entiali s al
agents. All written and computer material, information and records shall allibe returned to
the Municipality upon termination of this Agreement.
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5.10 Adv�ing: There shall be no advertising carried out by the Contractor for
this program.
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6.00 Rules of Operation• The Contractor covenants to abide by all of the terms and
conditions of this Agreement.
7.0 General
7.01 Notices: Any notices to be given under this Agreement must be in writing,
signed by or on behalf of the party giving such notice and delivered by hand or mailed
by prepaid first class mail in Canada and addressed as follows:
If to the Municipality at:
Marie Knight Stanley, Deputy Clerk
a The Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
If to the Contractor, at:
Animal Licencing Services Inc.
C/o Mr. Mark Stewart
111 Victoria Street East, Unit 111 -
Whitby, Ontario
LIN 8X1
or at such other address as any parry hereto may have specified by notice in writing and
given to the other party. Where notice is given by mail, it shall be deemed to have
been received by the person to who the same is addressed, on the fifth(5")business day
following the day upon which such notice, sent by prepaid first class mail, has been
deposited in a post office in Canada.
7.02 Freedom of Information: Pursuant to the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, the Contractor
acknowledges that this Agreement to be provided by the Contractor to the Municipality,
are subjec•. :,) the same Act. If the Contractor wishes to maintain confidence on any
document submitted, it must stipula.e at the time that the document is submitted, that it
is being subil;itted in confidence. The Municipality will not be responsible to the
Contractor for the release of any information given without claim to confidentially. _
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810
8.0 Term-----i-�at1OR
8.01 Termination by the Munici aiity:
The Contractor agrees that upon breach by
it (or by persons for whom it is lawfully responsible) of any of the express or implied
terms and conditions of this Agreement, the Municipality may, in addition to any other
remedy available at law, terminate this Agreement. Upon receipt by the Contractor of
a notice of termination, this Agreement shall be considered terminated.
8.02 Return of Information:
On the termination of this Agreement, the
Contractor shall return within 24 hours and at its own expense all documentati
identification, forms and literature provided by Clarington for the n,
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out the work of this contract. Purposes of carryi ng
8.03 Termination by the Contractor
In the event that the anima( licensing
Program becomes unprofitable to the Contractor, it ma
in writing to Clarington, terminate Y, upon fourteen(14)days notice
gt this Agreement and discontinue the door-to-door
sales of licences. tt
9.0 De----nittOn r
Soliciting "Door-to-Door"
means soliciting each single dwelling unit on every
urban and rural street within the Municipalitv of Clarington.
A "Single Dwelling Unit" is each private home (whether single or semi private),
each private apartment (whether within a private home or apartment building),
each townhouse, or each unit in a group dwelling.
The sale of a Licence is not completed unless and until the following has taken
Place: an explanation to the pet owner of the benefits of having a licence the
completion of all appropriate paperwork, the transfer of monies, the delivery of
the licence to the pet owner, and the delivery of the paperwork to the Clarington
Animal Shelter as per Articles 3.03 and 3.04.
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Signed in Triplicate on the 26th day of February, 2001.
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ANIMAL LICENCING SERVICES INC.
Name: Mark Stewart
Title:
(I/We have the authority to bind the
Corporation) f--�
The Corporation of the
Municipality of Clarington
Mayor
Municipal Clerk
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812 I
DN: TR-06-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: February 19, 2001 Res. #
Report#: TR-06-01 FILE #: By-law#
Subject: DURHAM PURCHASING CO-OPERATIVE SUPPLIER CONTRACTOR
INFORMATION NIGHT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-06-01 be received;
Lai
2. THAT participation by the Municipality of Clarington Purchasing Division in the
Durham Purchasing Co-operative Supplier/Contractor Information Night be
endorsed; and
3. THAT the required funds in an approximate amount of$600.00 be drawn from the
Purchasing Division's current operating budget.
BACKGROUND AND COMMENT
As Council is aware, on September 7, 2000, the Municipality of Clarington hosted its
first ever Supplier Information Night at the Courtice Community Complex.
Based on the success of this event, the Durham Purchasing Co-operative is planning to
hold a similar event on March 29, 2001 at the Durham District School Board Education
Centre.
Participating agencies include the municipalities of Ajax, Clarington, Oshawa, Pickering,
Whitby, the Regional Municipality of Durham and the Durham District School Board.
Once again the focus of the evening will be to encourage and educate local suppliers I L
and contractors on the public bidding process. The evening will include welcome and
opening remarks from Roger Anderson, Regional Chair from the Regional Municipality
of Durham.
go ]
REPORT NO.: TR-06-01 PAGE 2
To promote the event, advertising will be placed in the local newspapers, on the
internet, the Clarington Community Activity Guide as well as other participating
agencies local publications. In addition personal invitations will be sent to suppliers
whose names will be drawn from the participating agencies list of potential bidders.
For information purposes, a copy of the draft advertisement and proposed agenda is
attached marked schedule "A".
It is anticipated that the total cost of holding this event will be approximately $3500.00 -
$4000.00, with the Municipality of Clarington portion being approximately $500.0 to -"
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$600.00. It is recommended that the required funding be drawn from the Purchasing
Division current operating budget.
It is our hope that this event will further enhance the communication between the
Purchasing Division and both current and prospective suppliers.
Respectfully submitted, Reviewed by,
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M r arano, H.BSc., AMCT.,
Franklin Wu, M.C.I.P.,R.P.P.,
Treasurer Chief Administrative Officer
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MM*LAB*km - -
9 .02
Sci.adule "A'
-i Suppliers / Contractors are cordially invited to attend the
~V DURHAM PURCHASING CO-OPERATIVE
1pp:
t'z
SUPPLIER/CONTRACTOR INFORMA TEON NIGHT
f
A - Thursday, March 29th, 2001, from 7:00 p.m. to 9:30 p.m.
Durham District School Board, Education Centre
� t.R.NCIPAt1TY OF
j[_9tO11 400 Taunton Road E, Whitby,
MIA*
The evening will include opening remarks from Roger
Anderson, Regional Chair and speakers from the:
Construction Association, Workplace Safety&Insurance
Board, W.B. White Insurance Company !
in conjunction with a representative for the Surety Industry, and
= THE
M
DURHAM
the Municipalities of
DISTRICT
SCHOOL Clarington, Whitby, Ajax, Pickering and Oshawa, The
BOARD
Regional Municipality of Durham and The Durham District
School Board.
Both current and prospective suppliers alike will receive valuable
information with respect to current projects; construction liens;
tendering procedures; the bid depository; how to obtain bonding; the
competitive local opportunities as well as other issues of topical
- interest.
v
Refreshments will be served as well as all pre-registered guests
will be entered into a draw for some great door prizes, donated
I�
by our speakers and host agencies
Don't miss this unique "no charge" opportunity to' learn about the
F•rt�+
P g process, ask
�T1. ' ••;�?
public biddin questions, and increase your business -
potential. For further information or to register for the event, please
.. .. .•,, contact Kim McDonald Purchasing Division Municipality of Clarin ton
at (905) 623-3379, Ext. 267.
903
Schedule "A'
Supplier Information Session DRAFT
Durham Purchasing Co-operative March 29, 2001
AGENDA
Speaker Topic E
7:00- 7:05 Vera Jeffery Felgemecher, C.P.P.
Introductions
Manager„ Supply & .Services
G o Pickering'
F 7:05 — 7.10 Roger Anderson, Regional Chair, Welcome from the Region of
Re Tonal Munici ali o Durham Durham
7:10— 7'20 Jerry Barber, C.P.P.O.
➢ Co-operative Opportunities e
Purchasing Manager ➢ Municipal Opportunities
city o Oshawa
7:20- 7.30 LouAnn Birkett C.P.P.,A.M.C.T.
Best practices {
Municipality of Clarington ➢ By-laws
➢ How to avoid di tculties
[7:30— 7:45 Keith Miller, A.L L C, C.R M. ➢ .Surety Bonds
W.B. White Insurance "at are they?
London Guarantee Company :- Why are they necessary?
r T es o Bonds
7:45— 8:00 ??????? ➢ Irrevocable Letter of Credit
Ro al Bank
8:00— 8:15 Break
8:15— 8:30 Lawson Gay, President
➢ Bid Depository
Durham Construction Association ➢ C.C.D.C Contract Document
➢ Construction Lien Process
8:30—8:45 Rob RovazZi ➢ Certificate of Clearance
Manager for Municipal, Electrical and "at it does and what it
Education Sectors, Workplace Safety and means E
Insurance Board WSIB ➢ Independent O erator.Status _
8:45 - 9:00 Keith Miller, A.L L C., (:R M. ➢ Liability & Disability
W.B. White Insurance Insurance
9:00— 9:15 Bob Gallant, Supervisor
%- Closing Remarks
Supply and&rvlces Divisiofl ➢ Questions and Answers
Regional of Municipality of Durham ➢ Draw for door riles
9 ,
DN: TR-0701
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: February 19, 2001 Res. #
Report TR-07-01 FILE #: By-law#
Subject: QUOTATION Q2000-4, SUPPLY OF CONCESSION BEVERAGES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-07-01 be received;
2. THAT Coca-Cola Bottling Ltd, Cobourg, Ontario, be awarded the contract to supply
concession beverages on an "as required" basis for the period February 1, 2001 to
August 31, 2005, based on the unit prices submitted;
3. THAT the By-law attached to TR-07-01, as Schedule "A" be forwarded to Council for
approval; and
4. THAT the funds required be drawn from the Community Services respective years
current operation budgets.
BACKGROUND AND COMMENT
A Quotation Request was issued with four (4) firms being invited to bid for the supply of
Concession Beverages for various Municipal facilities as required by the Community
Services Department. Note, a quotation rather than tender was issued as it was
anticipated that the annual contract value would be less than $30,000.00.
Subsequently, the following bids were submitted.
Bidder Annual Total Bid Amount
Coca-Cola Bottling Company $42,879.95
Cobourg, ON
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The Pepsi Bottling Group $46,349.20
Fraserville, ON
n. 5
REPORT NO.: TR-07-01 PACE 2
Although the contract term is for five (5) years, any location may be added or deleted at
any time, at no penalty.
This contract also includes the requirements of the Clarington Older Adults Centre, who
are invoiced directly for all product received.
As part of the contract terms and conditions, the successful bidder must also provide
illuminated menu boards, syrup units, dispensing towers, bottle / can vendors, coolers,
hockey chalk boards, dressing room allocation boards and a score clock at no `
additional cost.
After further review and analysis of the bids by both Community Services and
Purchasing, it was mutually agreed that Coca-Cola Bottling Company, Cobourg,
Ontario, be recommended for the contract to provide concession beverages as required
by the Municipality of Clarington.
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The subject firm has provided satisfactory service to the Municipality of Clarington i
during the previous five (5) year contract. -
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Respectful) submitted, Reviewed by,
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War a arano, KBSc., AMCT., Franklin Wu, M.C.I.P.,R.P.P.,
asur r Chief Administrative Officer
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J s ph Caruana,
ector of Community Services
MM*LAB*km
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
Date: February 19, 2001 File
Report TR-08-01 File Res.#:
Subject: REQUEST TO COUNCIL TO EXEMPT By-Law#:_
CLARINGTON BRANCH 178 OF THE ROYAL CANADIAN
LEGION FROM MUNICIPAL PROPERTY TAXES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 THAT TR-08-01 be received;
2. THAT Council authorize exemption of local property taxes on the property in
Clarington owned by the Clarington Branch 178 of the Royal Canadian Legion,
pursuant to Section 207(62) of the Municipal Act commencing in 2001;
3. THAT Staff request to the Region of Durham that the Regional portion of
property taxes be exempted pursuant to Regional Report#2001-F-16
commencing in 2001; and
4. THAT a request be sent to the Province for exemption of the Education portion
of property taxes for this property.
Background and Comment:
In accordance with Section 207(62) of the Municipal Act, lower-tier and single tier
municipalities may provide exemptions to Royal Canadian Legion facilities. Under this
section, by-laws may be passed by the Council of all municipalities (lower-tier and single tier):
"For exemption from taxation, except for local improvements and school purposes for
a period not exceeding ten years, any premises used and occupied as a memorial
home, clubhouse or athletic grounds by persons who served in the armed forces of
Her Majesty or Her Majesty's allies in any war". L
The Region of Durham report is attached for information.
9 r. 7
Report TR-08-01 Page 2
REQUEST TO COUNCIL TO EXEMPT CLARINGTON
BRANCH 178 OF THE ROYAL CANADIAN LEGION FROM
MUNICIPAL PROPERTY TAXES
It is recommended that a request be sent to the Province to exempt the education portion.
However, this is subject to Provincial jurisdiction and Section 207(62) does not currently allow
for an exemption for school purposes.
Conclusion:
E
Section 207(62) provides the basis for this exemption for a maximum of ten years. It is
proposed that this commence in 2001.
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Respectfully submitted, Reviewed by,
i —
+ yz/ —
�Irara o, HB MCT, CMO., Franklin Wu,
�J Treasurer. Chief Administrative Officer.
MM/NT/hjl
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908
Attachment#I
January 31, 2001
TO: Finance and Administration Committee
FROM: R. J. Clapp, Commissioner of Finance
RE: REPORT#2001-F-16
REQUEST FROM THE TOWN OF AJAX TO EXEMPT AJAX
BRANCH 322 OF THE ROYAL CANADIAN LEGION FROM
REGIONAL PROPERTY TAXES
c
RECOMMENDATIONS:
The Finance and Administration Committee recommend to Regional Council that t
(1) The Region of Durham concur with the request of the Town of Ajax to
exempt Ajax Branch 322 of the Royal Canadian Legion from the Regional
portion of property taxes in the amount of$4,358.84 for 2000 and in future
Years in accordance with Section 207(62) of the Municipal Act;
(2) Any future requests of the Region from the Area Municipalities to provide
exemption of the Regional portion of the property taxes owing for
branches of the Royal Canadian Legion be granted in conjunction with
exemptions granted by the Area Municipality for the local share of property
taxes pursuant to Section 207(62) of the Municipal Act; and
E
(3) The issue of tax exemption status for charities and non-profit
organizations in the Region be reviewed as part of the Region's
comprehensive examination of tax policy options pursuant to the
Continued Protection for Prop
later this year. erty Taxpayers Act 2000 to be completed
RE— P ORT:
1,0 INTRODUCTION:
• In correspondence dated November 13, 2000, Mr. G.D. Kirkbade,
Director of Finance of the Town of Ajax, requested that the Region of
Durham give consideration to the exemption of 2000 property taxes
totalling $4,358.84 on a property in Ajax owned by the Ajax Branch of
the Royal Canadian Legion. _
REPORT#2001-F-16
REQUEST FROM THE TOWN OF AJAX TO EXEMPT AJAX BRANCH 322
OF THE ROYAL CANADIAN LEGION FROM REGIONAL PROPERTY TAXES PAGE 2
® The request of the Region to exempt property taxes is in keeping with a
resolution adopted by the Council of the Town of Ajax on April 3, 2000
under Section 207(62) of the Municipal Act exempting the Ajax Branch of
the Royal Canadian Legion from paying the Town's portion of local
property taxes, excluding local improvements and school purposes.
2.0 BACKGROUND
t
• In June 2000, the Finance Department of the Region of Durham
distributed a draft discussion paper among the Area Treasurers for
review.on the tax treatment of charitable and non-profit groups,
including Legions.
• To date the feedback received by the Finance Department has
focussed primarily on the taxation of Legions.
3.0 EXEMPTION OF PROPERTY TAXES FOR LEGIONS
• In August of 1998, as part of Regional tax policy in accordance with the
Small Business and Charities Protection Act, Regional Council
approved a minimum rebate for registered charities, sufficient to
compensate them for the payment of business occupancy taxes from
which they were previously exempt. The same minimum rebate
formula applies on a Region-wide basis to area municipal, Regional
and education taxes. r
• In the meantime, some of the Area Municipalities have received
requests from their Local branches of the Royal Canadian Legion for
exemption from payment of their entire property tax bill.
• In the past, the City of Pickering responded to Branch 483 of the Royal k
Canadian Legion by exempting it from both-local and Regional taxes.
i
• Also the Township of Uxbridge exempted Branch 170 of the Legion
from both local and Regional taxes for 1998, 1999 and 2000 by
providing a grant sufficient to pay the Regional property taxes pursuant
to Section 113(1) of the Municipal Act (ie. Authority to provide a grant).
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REPORT#2001-F-16
REQUEST FROM THE TOWN OF AJAX TO EXEMPT AJAX BRANCH 322
OF THE ROYAL CANADIAN LEGION FROM REGIONAL PROPERTY TAXES
PAGE 3
• In accordance with Section 207(62) of the Municipal Act, lower-tier and
single tier municipalities may provide exemptions to Royal Canadian
legion facilities. Under this section, By-laws may be passed by the
councils of all municipalities (lower tier and single tier):
"For exempting from taxation, except for local improvements
and school purposes, for a period not exceeding ten years,
any premises used and occupied as a memorial home,
clubhouse or athletic grounds by persons who served in the
armed forces of Her Majesty or Her Majesty's allies in any
war."
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4.0 CONCLUSION
. t
• The Treasurers of the Area Municipalities and the Region have
generally agreed that the application of Section 207(62) of the
Municipal Act is the best legislative vehicle to grant tax exemption
P
status to branches of the Royal Canadian Legions.
• Under this arrangement, local councils would inform the Region
whenever they apply Section 207, in response to which the Region
would forgive the Regional portion of the Legion's taxes.
• At the request of a local municipality, the Province could, if it so
chooses, provide a matching exemption of school taxes.
• The continued use of Section 207 of the Municipal Act will be revisited
when the Region and Area Municipalities conduct their comprehensive ,
examination of tax policy options to meet the requirements of the new r
property tax legislation.
R. J- ap ,
Commissioner of Finance
Recommended for Presentation to Committee:
L
G.H. Cubitt, Chief Administrative Officer
Attach.
MGIREPORTSXajax legion
91 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration File#
Date: February 19, 2001 Res#
Report#: TR-09-01 FILE#: By-law#
Subject: CASH ACTIVITY REPORT DECEMBER 2000
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
r7m recommend to Council the following:
1 THAT Report TR-09-01 be received;
2. THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal
Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of
Clarington for the month ended December 31, 2000, is as shown on the attached
schedule; and
3. THAT Part "A" of the expenditures for the month of December 2000 be confirmed.
BACKGROUND
The attached schedules indicate the Corporation of the Municipality of Clarington's cash
transactions, the cash investment Position, development charges information and statistical
information for the month ended December 31, 2000 and the comparative information for the
month ended December 31, 1999.
Respectf ly submitted,
Reviewed by,
Marie M rano, Sc., A.M.C.T,, C.M.O.,
Treasurer. Franklin Wu,
Chief Administrative Officer.
MM/LG/hjI I L
Attachments
12
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Analysis of Revenue and Expenditures PART
for the Month of December 2000
DECEMBER DECEMBER
2000 1999
REVENUE RECEIVED FOR GENERAL OPERATING
AND RESERVE FUND PURPOSES:
TAX PAYMENTS RECEIVED
HEADS& BEDS 1;3921104 8,132,877
LINEAR PROPERTIES 0
FEDERAL MINISTRY-NEWCASTLE BREAKWALL D 0
0. 10,000
FEDERAL GOV'T-WASTE MGMT STUDY--PORT GRANBY
PROV. MINISTRY-SAMUEL WILMOT NATURE AREA 25,000 0
ORONO ATHLETIC ASSOCIATION - 1 ST REPAYMENT OF LOAN 22,000
SALE OF LAND 0
BOWMANVILLE HERITAGE BOOK SALES ' ' 0
VERIDIAN PROMISSORY NOTE INTEREST ., 9.3:: 0 i
SUBSIDIES: n_ 948,000
HANOI-TRANSIT
DEVELOPMENT CHARGES-TOWN
GENERAL 44$;35 234,862
INTEREST 2I�Q37 731,335
DEVELOPMENT CHARGES-SCHOOL BOARD 262:18 1 149,786
DEVELOPMENT CHARGES-REGION/PUC $ 0
654;900 222,667
3,1 58;938 10,451,527
USE OF FUNDS:
PAYROLL !
REGION LEVY 995,636 908,196
SCHOOL BOARD LEVIES 755,$35 4,592,392 c
GENERAL-INCLUDING CAPITAL EXP." 6,558,200 5,195,497
2 322 095 2,556,832
10,641;567 13,252,917
NET CASH PROVIDED(USED)
LE,4821628) 2,801,390
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BANK NET CASH BANK BANI t
FINANCIAL POSITION: BALANCE PROVIDED SALANCE BALA
NOV.30/00 / USED DEC,31/00 DEC.-
GENERALFUND
RESERVE FUND 2,606,853 1,366,454 3,973,307 2,449, )
MUNICIPAL POOLED INVESTMENTS 166,587 141 166,728 2,638. 1,
MUNICIPAL BOND INVESTMENTS 91,378 (51,001) 40,377 3,82,
2,089,188 10,725 2,099,913
INVESTMENTS (GENERAL.+ RESERVE FUND) 52,915,654 8,808,947 44,106,707 35,957; 3,
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TOTALS
57,869,661 1 17,482,628) 50,387,032 41,048,90+
NOTE A: Difference in comparison between years due to timing difference in receipt of funds.
913
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"B"
Continuity of Taxes Receivable
for the month of December 2000
NOVEMBER
WWI.EEA s DECEMBEF
2000 INTEREST TAXES PAYMENTS0({ ?'' 1999
RECEIVABLE ADDED BILLED BALANCE /ADJUST. "• ' ``` `` ` Note 2
PREPAID TAXES
CURRENT YEAR
TAXES 4,293,819 112 ` €
,096 4,405,915 (1,117574) 383 i' 4,608,6C
PENALTY AND INTEREST 156,700 53,782 210,482 _A40:442),: :::!::::::;:: . QpT; 245,7c ,
FIRST PRIOR YEAR
TAXES 2,078,119 167,439 2245,558 (454,378
PENALTY AND INTEREST 213;307 23,284 ) xi?Ea 1,731,3
236,591 29,161 ia7'?$0? 280,1
SECOND PRIOR YEAR
TAXES 966,668 11,697 978,365 (98,498)
PENALTY AND INTEREST 172,082 11,795 {98,498) 9$ 6 657,9
183,877 19,867 . 1S44i1t 163,3
THIRD&PRIOR YEARS
TAXES 949,392 949,392
PENALTY AND INTEREST 409,340 11,880 {10,200) ;; 939; 92; 747,5
421,221 17,088lQ4a33! 451,6(
TOTAL 9,239,427 100,742 291,233 9,631,401 _(1,787,208)!:::::::::::7;&4 4194 8,886,4(
Includes refunds,write-offs,496's,etc.
NOTE 1: Tax payments do not tie into Part A due to timing differences since
Part A is on a cash basis(ie.difference due to outstanding deposits)
NOTE 2: For information purposes only. True comparison to prior year not applicable due to changes in the tax legislation.
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C"
STATISTICAL INFORMATION
FOR THE MONTH OF DECEMBER 2000
DECEMBER YEAR TO DATE E
Tax Certificates 70 1,329
Number of Properties eligible for Tax
Registration see Note 1 129 ** see Note 2
Accounts Payable Cheques Issued = E
#39891 to #40393 503 6,685
Number of Births Re istered 20 472 —
Number of Deaths Registered
59 510
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Note 1: Only includes those properties whose arrears are greater than $10,000.
Note 2: Number of eligible properties for tax registration not applicable for
year-to-date comparison.
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915
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING PART "D"
AS AT DECEMBER 31, 2000
FINANCIAL INVE=STMEINTIINTERESL# O�FD�AYS�MAT�URIT MATURITY
INSTITUTION COST RATE O/S VALUE DATE
GENERAL FUND MTL 1,992,460.00 5.75% 24 2,000,000.00 JAN.12/01
MTL 1,988,420.00 5.75% 37 2,000,000.00 JAN.25/01
MTL 4,933,750.00 5.70% 86 5,000,000.00 MAR.15/01
TD 996,790.00 5.60% 21 1,000,000-00 JAN.12/01
TOTAL GENERAL FUND %911,420,00
RESERVE FUND RBC 182,177.00 6.20% 1,095 218,206-00 Aug 1/03
RBC 1,001,705.00 6.80% 1828 1,392,611.00 Mar 15/01
RBC 1,343,186.32 5.60% 363 1,418,000.00
Mar 01/01
WOOD GUNDY* 1,787,000.00
r7m 6.75% 346 1,787,000
00 Mar 01/01
RBC 295,000.00 8.50% 3285 295,000.00 May 26/04
RBC 774,999.81 5.25% 1249 922,509.00 Dec 15/02
RBC 287,862.48 5.40% 1319 347,702.00 Feb 23/03
RBC 771,999.33 5.40% 1596 970,580-00 Nov 27/03
RBC 2,937,000.00 6.00% 1460 3,641,880.00 Jan.26/04
RBC 574,000.00 6.25% 1644 574,000-00 Dec.30/04
RBC 500,000.00 5.75% 1826 500,000.00 June 21/05
RBC 1,584,859.95 5.75% 345 1,671,000.00 July 19/01
RBC 620,220.69 5.15% 1007 711,752.00 Apr 5/01
RBC 475,000.00 8.58% 2761 475,000.00 Mar 17/03
RBC 99,999.64 7.10% 1906 143,061.00 May 14/01
RBC 993,000.00 6.25% 1,095 993,000.00 May 23/03
WOOD GUNDY* 250,000.00 6.50% 1839 250,000.00 June 21/03
RBC 354,000.00 5.10% 368 372,054-00 Feb. 5/01
RBC 1,417,032.00 5.10% 366 1,489,300.63 Feb. 7/01
RBC 500,000.00 6.10% 365 500,000.00 Sept 7/01
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING
AS AT DECEMBER 31, 2000 PART "D"
FINANCIAL INVESTMENT INTERES # OF DAYS MATURITY MATURITY
INSTITUTION COST RATE O/S VALUE DATE
RESERVE FUND
RBC 180,862.43 5.63% 1549 228,160.00 Feb 1/01
RBC 933,400.00 5.20% 1827 1,202,670.00 Nov 12/02
RBC 58,479.40 5.95% 2032 80,639.00 Dec 15/02
RBC 25,125.57 5.95% 2025 34,613.00 Dec 15/02
RBC` 250,000.00 4.75% 1839 250,000.00 June 21/03
RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01
RBC 250,000.00 5.25% 180 250,000.00 Jun 21/04
RBC 1,109,500.90 5.05% 1213 1,307,911.00 Apr 1/01
RBC 20,558.85 5.20% 1310 24,645.00 Jan 9/02
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WOOD GUNDY 648,000.00 6.05% 397 690,641.06 Jan 15/01
RBC 945,210.00 5.60% 730 1,054,038.00 Dec.21/02 _
RBC 43,523.00 5.50% 1095 51,107.00 Dec.21/03
RBC 898,314.97 5.00% 919 1,037,435.00 Mar. 8/01
RBC 2,160,071.68 5.70% 970 2,503,270.00 May 1/01 E
RBC 1,233,830.84 5.95% 1002 1,445,952.00 Jun 2/01
RBC 649,589.48 5.95% 1185 783,582.00 Dec 2/01
RBC 942,893.00 6.30% 1825 1,239,904.30 Oct 27/03
RBC 855,000.00 5.35% 1832 1,065,102.90 Mar 1/04
WOOD GUNDY 500,000.00 5.35% 1825 500,000.00 Apr. 16/03
RBC 1,683,101.00 5.30% 1096 1,683,101.00 Mar 3/02
RBC 548,000.00 5.40% 1507 548,000.00 Apr 7/03
RBC 534,978.37 5.20% 1729 679,942.00 Dec 1/03 F
Hong Kong 2,429,486.17 5.85% 90 2,464,530.68 Feb.5/01
RBC 118,693.50 5.10% 1976 155,297.00 OCT 15/04
- F
TOTAL RESERVE FUND 34;195;2$7;27 _
TOTAL INVESTMENTS 44,706;707.27
Bond investment. Interest paid on a monthly/semi-annual/annual basis
917
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
PART"E"
DECEMBER 2000
Education Education
Development Charges Total Town— Region English Separate
English Public
A.Bragg 8,743.00 5,875.00 1.945.00
Res.Dev.Form 47936 219.00 704.00
L.,3,C.,9,Darlington
B/P#00.0924
L.Halminen
Res.Dev.Form 47752 15,672.00 5,875.00 8,874.00 219.00 704.00
L.,33,C.,3,Darlington
B/P#00.0943
Keening Construction
40M1826 2,868.00 1,945.00 219.00 704.00
34 Virtue Court,Enniskillen
B/P#00.0935
VEY
St.Stephens Estates 31,344.00 11,750.00
40M1977 17,748.00 438.00 1,408.00
B/P#00-0846.847 1
Delta Rae Homes 188,064.00 1 70,500.00 1
40M2005 106,488.00 2,628.00 8,448.00
L., 17,C., 1,Darlington
B/P#00-0742,743,746,748,752,754,
755.756,758,759.760,764
Halloway Holdings 8.145.13 1,895.16 5,000.00 300.07 949.90 I
B/P#00.0919
Greg Powles 656.90
10M815 219.00 437.90
L.,20,C.,7,Clarke
B/P#00.0944
Kaitlin Group 423,184-00 164,500.00 232,840.00 6,132.00 19.712.00 F
40M2005
L., 17,C., 1,Darlington
B/P#00-0958,959,961,962,
965-986,988
Kaitlin Group 250,752.00 94,000.00 141,984.00 3,504.00 11,264.00
40M2005
L., 17,C., 1,Darlington
BIP#00.0738-741,744,745,747,
749-751,753,757,761-763,765 1 L
Fridell Ltd., 29,390.00 11,750.00 15,794.00 438.00 1,408.001
40R19730
BIP#00.0994.995
City Homes
40M2022 188,064.00 70,500.00 106,468.00 2,628.00 8,448.00
L., 12,C..2,Bowmanville
918
JB/P#00.0949-954, 1014-1019
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
PART"E"
DECEMBER 2000
Development Charges Total Education Education
Town Region English Separate English Public
Gay Company Limited 29,390.00 11,750.00 15,794.00
40M1994 438.00 1,408.0
L.,30,C.,2,Darlington
B/P#00.1010, 1011
TOTALS 1,176,273.03 448,395.16 654,900.00 17,382.07 55,595.80
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919
DN: 01-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration
File#
Date: Monday, February 19, 2001
Res. #
Report#: ADMIN 01-01 File#: t
________ By-law# ,
Subject: CLARINGTON BOARD OF TRADE
RECOMMENDATIONS:
e � _
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ADMIN 01-01 be received;
i
2. THAT approval be granted to the Clarington Board of Trade for the continuation of the
function of economic development at an annual payment of$75,000 ending on December 31,
2003;
3. THAT the Chief Administrative Officer bring forth an amendment to the existing agreement to
incorporate the extension, and that the Mayor and Clerk be authorized to execute the
amendment to the Agreement.
1. BACKGROUND:
1.1 On November 7"', 1998, Council approved the privatization of the function of economic
development to the Clarington Board of Trade. Subsequent, an agreement was entered
into setting out the details including the obligations of the two parties. The agreement
ends on December 31, 2000 and renewal is subject to approval by Council.
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1.2 The existing agreement contains certain key elements that are pertinent to the
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consideration of renewal:
a) Business retention and business attraction are the only two responsibilities
assigned to the Board of Trade
b) An annual payment in the amount of$35,000., $50,000. and $75,000. were paid
to the Board of Trade for 1998, 1999 and 2000 respectively
C) The Board of Trade shall submit annual report, work program and proposed
budget to the Municipality prior to any extension.
Inns
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REPORT NO.: ADMIN 01-01
PAGE 2
2. COMMENT:
I
In the consideration of whether or not the Municipality should continue the current
privatization initiative with the Board of Trade, certain factors must be considered. In
particular, it is prudent to review the past performance of the Board of Trade in its
delivery of its responsibilities under the terms of the agreement to ensure the
Municipality is getting the best value of its tax dollars.
Since assuming the responsibility of economic development in 1998, the Board of Trade
has slowly and gradually evolved into an umbrella organization, working in concert with
various business organizations within Clarington to further the common goal of
promoting Clarington as a desirable place to do business. Through the direction of the
Board of Directors and tireless effort of the Business Development Officer, the Board has
taken on many works and initiatives, many of which are to be commended.
However, a fair assessment of the Board's performance can only be made if it's works
and initiatives are reviewed within the context of the responsibilities assigned to the
Board under the terms of the agreement, that being business retention and business
attraction. Business retention and attraction are not defined in the agreement for obvious
reasons because it is the intention of the Municipality to allow certain flexibility to the
Board to operate its business. Ultimately, it is the responsibility of the Board of Trade to
make its own interpretation and for the Municipality to determine if the Board was
performing its functions in accordance with the terms of the agreement. In this regard,
the Chief Administrative Officer is pleased to advise that the Board has done an excellent
job in promoting business in Clarington and would recommend Council to continue this
privatization initiative.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P., -
Chief Administrative Officer
FW*jip
Attach
DN: AD04-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Meeting: General Purpose and Administration Committee File#
Date: Monday, February 19, 2001 Res. #
Report#: ADMIN 04-01 FILE#:
By-law#
Subject: MUNICIPAL PERFORMANCE MEASUREMENT PROGRAM
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ADMIN 04-01 be received for information.
1. BACKGROUND:
1.1 In October 2000, the Minister of Municipal Affairs introduced a Municipal Performance
Measurement Program (MPMP) which requires all municipalities in Ontario to report to
I
their citizens a Performance Report Card by June 30, 2001. Specifically, the Ministry
identified nine (9) service areas requiring data for 35 selected performance measures.
(see Attachment#1)
1.2 Of the nine (9) service areas, sewage, water, police and social services fall under the
jurisdiction of the Region of Durham and therefore will not be addressed by Clarington.
The remaining five (5) service areas, ie. garbage, transportation, fire, local government
and land use planning will be reported by Clarington. It should be noted that these five
(5) service areas do not cover all the services we deliver in Clarington..
2. COMMENTS:
2.1 Although the MPMP Program was announced in October 2000, details of the program F
requirements were not made available to municipalities until late December. In an effort
to comply with the June 30, 2001 deadline, many staff have attended two separate
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REPORT NO.: ADMIN 04-01
PAGE 2
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training seminars in order to fully understand the detailed requirements q is •f the Program
which contains detail definitions, formula, and numerous forms and schedules for data
entry, most of which are to be tied to the 2000 Financial Information Return (FIR).
2.2 Works are now underway to tackle this complex and time consuming project. To ensure
consistency in assembling data and subsequent entry, a staff committee has been Ej
established comprising of the Chief Administrative Officer, the Treasurer, the Deputy
Treasurer, the Directors of Public Works, Planning and the Fire Chief. The Deputy
Treasurer will assume the responsibility of a project manager due to her familiarity with
the details of the Financial Information Return (FIR). This project team tentatively
targeted April 30, 2001 to complete the data entry and to complete the Report Card before
June 30, 2001 as required by the Ministry. At this time, staff are leaning towards
providing the Report Card first to Council in mid June and then distribute it to the
citizens in conjunction with the release of our next issue of Clarington Today in late June.
2.3 It has been pointed out earlier that the Provincial mandated service areas do not cover all
the services provided by Clarington to its citizens. For example, recreational services, -
by-law enforcement, animal services, school crossing guards, park maintenance etc. are
not required to be reported under the MPMP. Notwithstanding, we expect these services
will be added to the Program in the future. In anticipation of this, we will simultaneously
work on the performance measures for these services. Ideally, staff would like to report
on all services by June 30, 2001. However, given the limited time available between now
and June 30, 2001 and given the complexity and tedious nature of this task, the staff
committee would barely be able to handle the works related to the five (5) mandated
service areas of fire, planning, transportation, local government and garbage. As for the
remaining service areas, we have tentatively set a target date for reporting before the end
of 2001. —
Respectfully submitted,
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REPORT NO.: ADMIN 04-01
PAGE 3
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
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ATTACHMENT N01
MUNICIPAL PERFORMANCE MEASUREMENT INFORMATION
REPORTING CATEGORIES
Garbage(Solid Waste Management)
1• Operating costs for waste collection per ton or per household.
2. Operating costs for waste disposal per ton or per household.
Operating costs for recycling per ton or per household.
A `-- ;ncipality Providing information under items 1, 2 or 3 shall provide the information on a per
household basis only if the information is not available on a per ton basis.
4. Test results for solid waste disposal sites. -
5.
Number of complaints concerning the collection of garbage and recycled materials per
ton collected or per 1,000 households.
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6. Percentage of residential solid waste diverted for recycling and tons of solid waste
recycled. u
7. Percentage of industrial, commercial and institutional solid waste diverted for recycling
and tons of solid waste recycled.
Sewage
8. Operating costs for collection of sewage and stormwater per kilometre of sewer line.
E_r
9. Operating costs for treatment and disposal of sewage and stormwater per cubic metre
treated.
10. Number of sewer-main backups per kilometre of sewer line.
11. Test results for sewage treatment operations.
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12. Number of hours when untreated or partially treated sewage was released into a lake or
natural water course.
Water
13. Operating costs for water treatment per million litres of water treated.
14. Operating costs for water distribution per kilometre of distribution pipe.
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15. Percentage of water produced that is not billed.
16. Test results for water treatment and distribution systems.
17. Number of breaks in water mains per kilometre of water main pipe.
18. Number of days when a boil-water advisory issued by the Medical Officer of Health and
applicable to a municipal water supply was in effect.
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Transportation
19. Operating costs for paved roads per lane kilometre.
20. Percentage of paved lane kilometres rated adequate.
21. Operating costs for unpaved roads per lane kilometre.
_ 22. Operating costs for winter control maintenance of roadways per lane kilometre.
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23. Percentage of winter-event responses that meet or exceed municipal road maintenance
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standards.
24. Number of conventional transit passenger trips per person in the service area.
25. Operating costs for conventional transit per regular service passenger trip.
Fire
26. Operating costs for fire services per$1,000 of assessment.
27. Total dollar losses due to structural fires, averaged over three years,per$1,000 of
assessment.
Police _
28. Operating costs for police services per$1,000 of assessment.
29. Percentage of cases cleared for the following Statistics Canada categories: violent crimes;
property crimes; other Criminal Code crimes (excluding traffic); Criminal Code traffic;
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drugs; crimes under other federal statutes.
Local Government
30. Operating costs for municipal administration as a percentage of total municipal operating
costs.
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31. operating costs for members of council per capita and as a percentage of total municipal
operating costs.
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Land-Use Planning
32. Number and percentage of new lots approved that are located in settlement areas.
33. Percentage of designated agricultural land preserved.
Social Services
34. Percentage of persons receiving Ontario Works assistance that participated in
welfare-to-work activities.
35. Percentage change in the number of people receiving social assistance.
A municipality providing information under items 34 and 35 shall provide it in respect of the
geographic area designated for that municipality as a delivery agent under the Ontario Works
Act, 1997.
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