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HomeMy WebLinkAbout02/19/2001 i MUNICIPALITY OF CLARINGTON GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING FEBRUARY 19, 2001 -9:30 A.M. FILE I L i L r• ~. 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 i 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" �3 301 i G.P. &A. Minutes _2 February 5,2001 I DELEGATION i (a) Mike Bergsma,75 Wellington Street, Bowmanville, L1C 1V6— I 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 I, 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. I "CARRIED" - I 3 03 i 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" 304 j 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 i 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 I 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" E 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 i 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" _ E MAYOR - DEPUTY CLERK I 306 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 i 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 I 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 I Municipality of Clarington 40 Temperance Street BOWMANVILLE,Ontario L1C 3A6 PLANNING FILE: ZBA 2000-028 CLERK'S FILE: D14.ZBA.2000.028 501 l SUBJECT SITE LOT 12 LOT 11 LOT 10 LOT 9 18 o 0 0 N Z 0 t7i cn J CL W W < O U I Z O U - - - - - - - - I T I HIG i AY 2 _ o �,-E z _ 0 V) it V) U II 0 j I I I O U ;- d i HIG WAY 401 S CLARKE 1J KEY MAP ZBA 2000-028 i 502 DN: P015-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # I 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 i; detached lots. L 601 i 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 I since the 1980s. The application conforms provided the relevant portions of Policy 13.3.9 are satisfied. �J 6 .D2 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 i 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. k I 60 3 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. gp I 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. i 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 I 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. I 605 i REPORT NO.: PD-015-01 PAGE 6 Respectfully submitted, Reviewed by, a I 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 I 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 U L i l I I i 606 ATTACHMENT 1 SUBJECT SITE LOT 12 LOT 11 LOT 10 LOT 9 18 _ o O w o N Q Z � Z ' o o w O w V) J cr— W O U Z 0 U - - - - - I T II I �JIE HIG 1 0 Ii I to V) it V w II z U II j 0 d HIG WAY 401 CLARKE KEY MAP ZBA 2000-028 607 ATTACHMENT 2 0"I w T : �y ! -------------- _ r �ROW) .u o)r Ne£oE'r#F k co4m j vs / 6 r - T •�` m Q O� LU 1 /, [iv .e,,, ,',we•' ,606 $0.0; o/so Wc r AA. 14L Lit i ZEA 2000-028 REZONING PLAN DN:P016-01 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, February 19, 2001 Res. # i 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. i 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 i 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 i 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 i 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 z II O V) Li o A � z TAUNTON OOAD ONC SSION RO Df 6 I � a Lo Z O cn Li U Z O V i l I II II CLARKE KEY MAP Z B A 2000-012 C 621 TAUNTON ROAD OFF RAMP 3 P S' a, 0� Residence 1� L� TAMBLYN ROAD D C7' 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 ®Berm Na Q, willow Tree ZBA 2000-012 i' - — T 'FIT 1 F F-F `77 Ti - FTF1 lop 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. decv .7 A 5-S2 6; PC\ 3 'bSct 7� y 816co . //.V/.;L /7?�r /?J.1-,• t LJ , A . �;C�, O ��,, � Ai- /.7rn.�/yam /��✓ ��� �� CL c( Im ' ���'-� .mac%�,��, c�L�� -�:� � �/G(. _ 5'S � .• o � 1� ��-"tie— �;��c..u.�•�.� ��j�'l �_ `��✓ f� �`� - ' �, t— i 624 WE ARE STRONGLY AGAINST THIS RE-ZONING. S D� Z qe 1.1V 12 .J 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 i J L;i 0 9 2000 t i 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 �1 0 - - 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 ft 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 i • 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. i, • 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 I 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. i WestsideBowmanville Marsh Wetland Complex EMP Study Terms of Reference 4 652 i 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. I 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; r WestsideBowmanville Marsh Wetland Complex EMP Study Terms of Reference 5 653 1) Municipal properties. i 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; r- d) hiking/bicycling/Waterfront Trail. I i 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 i that will result from these activities will need to be considered as post reconfiguration baseline conditions when determining the most appropriate approaches to the I 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. I WestsideBowmanville Marsh Wetland Complex EMP Study Terms of Reference 7 i) development of the Bowmanville Waterfront Recreational Area. I 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 1 - a) Existing trails; b) Publicly owned lands; C) Privately owned lands; d) Significant views; t e) Archaeologically and historically significant sites. C VI. IDENTIFY GOALS AND OBJECTIVES 1. VISION STATEMENT F 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. r- The Vision Statement, as well as the goals, objectives and management options, will be k= f WestsideBowmanville Marsh Wetland Complex EMP Study Terms of Reference 8 696 i developed in consultation with the public and other arties which p hich have an interest in the marsh complex. I 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. L 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 r 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. F 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. t_ WestsideBowmanville Marsh Wetland Complex EMP Study Terms of Reference 10 6 58 i 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; i 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. ti 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 i 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 t 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. i 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 r Implementation of EMP Westside/Bowmanville Marsh Wetland Complex EMP Study 11 Tl F 7-1 I � Ter Refi i i i 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) i- 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. I 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 I 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). I 663 i 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 i Devondale Drive O coo PLAN 10M-809 c 'o- N Q E Block 128,\ McLellan Drive Plan 10M-809 L E0 U 'n 3 i I OWLAND COUR SUBDIVISION PLAN 40M-1893 I Nash Road L Block 31 Block d Widening) a � o 0 Na sh ' �- Road-" �j UBJEF E Highway No.2 DRAWN BY:J.R.M DATE:JAN.2001 REPORT NO. WD-04-01 KEY MAP ATTACHMENT NO. 1 i ' Jm�p-ftf-1-/-tW h./.ubWgpm1893 i 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. l i MAYOR MUNICIPAL CLERK r I I i ATTACHMENT NO.: i - - I 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: i 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 f i r- C i ATTACHMENT NO.: 3 L L 7 orpniDT ATr% . IV- .,. i 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). F 2.2 Mr. and Mrs. Cochrane of 92 Lownie Court approached the Municipality on November 27, i 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 f 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 -- i 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. I 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 I A 7 104 ' 102 98 i 96 ' �1 92` 90 ELIMINATION OF PROPOSED SIDEWALK / � I Lownie Ct y m RE ISED LOCA ION g OF NEW SIDEWALK c J v m r Guildwood Dr SdJECT SITE i BOWMAN/LLE N r m a' �' � W / l r— u H Lownie Ct � Or (� DRAWN BY:J.R.M DATE:FEB.2001 L-� Concession St E REPORT WD-05-01 I--�� KEY MAP ATTACHMENT NO. 1 671 N � 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 i i 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 — i .todraT Name A QS � 1 ,S w'nC LNi\•r / ` �C�(.!•r/�ryh.is I /�J �:.'(l.'L/� v�/ . 6Y 1. C �� ;, � .. , i ` L VI 'Wole 14 `' rnrt 1, _ `'',.'- � �.�:�\..�. ,'11•x, —( ,� � ,` % �. 'tr• •I r\ •� 4..w w.. 7 IC N. � `�1y�t G�1 it•� 1 CrJo��-1('� I l i Lam^- \,.._..� ....,.,.......'-�. LR1:';ki'f A� j 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. i 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 - C i Continued...... i 7 .9 1 r. i i FD-02-01 _ 2 _ i 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� I- TOTAL CALLS 209 209 195 195 TOTAL FIRE LOSS $65,700 $65,700 $226,500 $226,500 i 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 1 � Michael G. Crei f n,AMCT, CMM11 Franklin Wu, Fire Chief Chief Administrative Officer /sr I r- 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. l_ 1.2 The chart below reflects the positive financial impact of the exe i agreements: cution of the I { f 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 I- 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 i Attachment-#I to Report CD=09-01 i i I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ! BY-LAW 2001- ' i 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 i_ Of the Contractor Article 7.00 General 6 Article 8.00 Termination 7 Article 9.00 Definitions $ _ 9 I 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. i I i 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 L 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 I 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. I i 3 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 i ` 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. I – r= � 4.07 Advertising: The Municipality shall have the right to place advertising in the L appropriate media (local newspapers or radio) from time to time introducing and Promoting the animal licencing program and its benefits. ` Qn 7 1 I i i 4 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. r 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 I .Q n � r 5 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. I 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 g p 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. i { 6 5.10 Adv�ing: There shall be no advertising carried out by the Contractor for this program. i 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. _ j 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, I 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. i- F j I I i i a Signed in Triplicate on the 26th day of February, 2001. I I 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 I , L i= 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 -" r $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, i i M r arano, H.BSc., AMCT., Franklin Wu, M.C.I.P.,R.P.P., Treasurer Chief Administrative Officer f 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 L 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. t i I The subject firm has provided satisfactory service to the Municipality of Clarington i during the previous five (5) year contract. - E Respectful) submitted, Reviewed by, i War a arano, KBSc., AMCT., Franklin Wu, M.C.I.P.,R.P.P., asur r Chief Administrative Officer i J s ph Caruana, ector of Community Services MM*LAB*km 9n6 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. k Respectfully submitted, Reviewed by, i — + yz/ — �Irara o, HB MCT, CMO., Franklin Wu, �J Treasurer. Chief Administrative Officer. MM/NT/hjl { 1 ! 7 t i 4 908 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). r r 910 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." r 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 } 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, i 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. L 9 1 �1 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 i 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. r I k I E F 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 L 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 LE 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 — t i j — k i r t r t { 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. i 1.2 The existing agreement contains certain key elements that are pertinent to the i 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 i 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 t- 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 10,03 i REPORT NO.: ADMIN 04-01 PAGE 2 I 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, i n n 4 REPORT NO.: ADMIN 04-01 PAGE 3 Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer FW*jip i i I inns 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. a 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. L 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. 2 inns 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. k 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. � 23. Percentage of winter-event responses that meet or exceed municipal road maintenance i - 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; I drugs; crimes under other federal statutes. Local Government 30. Operating costs for municipal administration as a percentage of total municipal operating costs. 3 inns 31. operating costs for members of council per capita and as a percentage of total municipal operating costs. i 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. 4 in � q