HomeMy WebLinkAbout03/05/2001 i
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MUNICIPALITY OF CLARINGTON
GENERAL PURPOSE AND
ADMINISTRATION COMMITTEE MEETING
MARCH 5, 2001 -9,30 A.M.
FILE
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MUNICIPALITY OF
~arington
ONTARIO
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MARCH 5, 2001
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
a) Minutes of a Special Meeting of February 16, 2001
b) Minutes of a Regular Meeting of February 19, 2001
4. DELEGATIONS
(a) Bill Humber, 15 Beech Avenue, Bowmanville, L1 C 3A1
- Old Bowmanville Neighbourhood Assocation
(b) Jim Faught, 75 Scugog Street, Bowmanville, L1 C 3H9 -Snow
Clearing
(c) Tom Benschop, 4666 Mearns Avenue, Bowmanville, L1 C 3K5 -
Report PD-024-01
(d) Ronald Worboy, Barrister, Solicitor, 163 Simcoe Street N. Oshawa,
L1 G 4S6 -Report PD-024-01
(e) Don Welsh, 4280 Mearns Avenue, Bowmanville, L1 C 3K5 -
Report PD-024-01
(f) Rick Morrison, President of Bowmanville Newcastle Baseball Association,
P.O. Box 346, Bowmanville, L1 C 1 J5 -Report W D-09-01
5. PUBLIC MEETING
(a) Clarington Official Plan Amendment and
Rezoning Application
Applicant: Joe Domitrovic
Part Lot 29, Concession 3, Former Township of Darlington
REPORT PD-020-01 -Joe Domitrovic
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET BOWMANVILLE ONTARIO L1C 3A6 (905) 623-3379 FAX 623-4169
WEBSITE~ www.municipality.clarington.on.ca
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RECYCLED PAPER
G.P.& A. Agenda - 2 - _ March 5, 2001
6.
(b) Rezoning and Site Plan Applications
Applicant: Richard H. Gay Holding Ltd.
Part Lots 29/30, Concession 2, Former Township of Darlington
REPORT PD-021-01 -Richard H. Gay Holding Ltd. 503
PLANNING AND ENGINEERING SERVICES DEPARTMENTS
(a) PD-020-01 - Clarington Official Plan Amendment and
Rezoning Application
Applicant: Joe Domitrovic
Part Lot 29, Concession 3, Former Township of
Darlington 601
(b) PD-021-01 - Rezoning and Site Plan Application
Applicant: Richard H. Gay Holdings Ltd.
Part Lots 29/30, Concession 2, Former Township of
Darlington 609
(c) PD-023-01 - Monitoring the Decisions of .the Committee of
Adjustment for the meeting of February 22, 2001 615
(d) PD-024-01 - Clarington Official Plan Amendment
Applicant: Donald & Norma Welsh
Part Lot 7, Concession 4, Former Township of
Darlington 620
(e) PD-025-01 - Application to amend the City of Oshawa Official
Plan (Eastdale Part 11 Plan) (8-3-99), City of Oshawa
Zoning By-law No. 60-94 (Z-10/99) and Application
for Plan of Subdivision (18T-99004)
Applicant: Barry Goldman -Durham Homes 637
(f) WD-07-01 - Monthly Report on Building Permit Activity for
January, 2001 645
(g) WD-09-01 - Bowmanville Newcastle Baseball Association
concerns with Park Services 650
(h) WD-10-01 - Proposed schedule of Rates and Fees for
Sportsfields and Parks 655
G.P.& A. Agenda - 3 - March 5, 2001
7. OPERATIONS AND EMERGENCY SERVICES DEPARTMENTS
(a) FD-03-01 - Uniform Shoulder Flash 701
8. COMMUNITY SERVICES AND CLERK'S DEPARTMENTS
(a) CD-10-01 - Animal Services Monthly Report for the Month
of January, 2001 801
9. CORPORATE SERVICES AND FINANCE DEPARTMENTS
(a) TR-10-01 - Mayor & Councillors' Remuneration & Expenses
for 2000 901
(b) TR-11-01 - Public Sector Salary disclosure Act 909
(c) TR-12-01 - CL2001-2, One (1) only Cab & Chassis
56,000 GVW - Tanden Diesel Dump Truck
c/w Plow Equipment 911
(d) TR-13-01 - CL2001-3, One (1) only Cab & Chassis
39,000 GVW, Single Axle c/w Plow Equipment 914
(e) TR-14-01 - Lease Agreement, Bethesda House of Mercy
150 Port Darlington Road, Bowmanville, Ontario 917
10. ADMINISTRATION
11. UNFINISHED BUSINESS
12. OTHER BUSINESS
(a) - Verbal Confidential Report of the Solicitor
- Legal Matter
13. ADJOURNMENT
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee February 16,2001
Minutes of a special meeting of the General
Purpose and Administration Committee held on
Friday,February, 16,2001 at 9:30 a.m.,in the
Council Chambers.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor D.MacArthur
r ' Councillor P.Pingle
Councillor G.Robinson
�— Councillor J.Rowe
Councillor J. Schell
' Councillor C.Trim
Also Present: Chief Administrative Officer,F. Wu
Manager of Engineering,T.Cannella
Director of Community Services,J. Caruana
Fire Chief,M.Creighton
Director of Planning and Development, D. Crome
Manager of Operations,F. Horvath(attended the meeting at 9:40 a.m.)
Treasurer,M.Marano
Chief Librarian,C. Meams
Assistant Director of Community Services, B.Taylor
Deputy Treasurer,N.Taylor
Director of Public Works, S. Vokes
Municipal Clerk,P.Barrie
Mayor Mutton chaired this portion of the meeting.
DISCLOSURE OF PECUNIARY INTEREST
There were no Disclosures of Pecuniary Interest stated for this meeting.
PRESENTATIONS
Mayor Mutton stated that in his opinion,the budget before Committee has been
well done and is a good service budget. He referred the Members of the Committee
to his earlier memorandum wherein a few areas of reduction were identified. He
stated that these reductions would provide some much needed room for the
operating budget deliberations in April,2001.
Marie Marano,Treasurer,provided a brief overview outlining that the overall
Capital Budget assumes that the growth value will be applied thereby maintaining a
zero percent increase over last year. She indicated that the budget is driven by
projects in the Public Works and Community Services Department.
Steve Vokes,Director of Public Works,provided an explanation of the larger
projects which have been identified in the Public Works Capital Budget,namely:
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G.P.&A. Minutes -2- February 16,2001
PRESENTATIONS CONT'D.
• Bridge Reconstruction—Graham Creek
• Road Reconstruction—Centre Street
• Pavement Rehabilitation Program—various locations
• Guiderail Installations—various locations
• Pavement Rehabilitation—Hobbs Drive/Morgandale Crescent
• Sidewalk Construction—various replacements
• Replacement of Fleet
• Park Development—Apple Blossom Neighbourhood
• Park Development—Glass Court/Graham Neighbourhood
Joe Caruana,Director of Community Services addressed Council with respect to Report
CS-05-01 —Courtice Community Park Project. Mr.Caruana advised Committee that the
Municipality can no longer accommodate all of the ice requests received and, in fact,many
leagues are going out of the Municipality for ice time. He is therefore recommending that
i the Community Park Project identified in the Development Charges Background Study for --
Bowmanville be changed to Courtice. The site for the project has been identified as thirty
acres of land located south of Bloor Street on the east side of Prestonvale Road in the
Courtice urban area. The timing of the project was outlined and Mr.Caruana stated that
with the approval of Council to proceed,staff is optimistic that the anticipated opening date
of Fall,2003 is attainable for the project.
Resolution#GPA-114-01
Moved by Councillor Schell,seconded by Councillor Rowe
THAT Committee recess for ten minutes.
"CARRIED"
The meeting reconvened at 11:05 a.m.
Bruce Taylor,Assistant Director of Community Services addressed Council with respect to
Report CS-06-01 —Courtice Community Complex Expansion. Mr. Taylor apprised Council
of the proposed addition on the north-west side of the Courtice Community Complex which
will maintain the integrity of the design of the building. Following completion of the
project,the Fitness Centre will be able to accommodate 2400 members. Mr.Taylor outlined
the timeframe for construction and indicated that it is anticipated that the facility could be
opened in January,2002.
REPORTS
2001 Four Resolution#GP - -
A 115 O1
Year Capital Budget
Moved by Councillor Schell,seconded by Councillor Pingle
THAT Report TR-05-01 be received;
THAT the 2001 Capital Budget as outlined in the document attached to Report j
TR-05-01 and in Report TR-05-01 be approved,with the following adjustments:
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G.P.&A.Minutes - 3 - February 16,2001
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REPORTS CONT'D.
• Account#7003-00000-0506-Mayor and Council—Furniture/Equipment-
reduce by$4,000 to recognize an amount of$1,000
• Account#7205-01011-0261 -Guiderail Installations-reduce from$140,000 to
$70,000(to be phased in over two years)
• Account#7209-00000-0501—Building Services Contingency g y—eliminate the
$20,000 and staff be authorized to expend necessary funds in case of an
emergency
f • Account#7029-00000-0501 —Salt and Sand Dome Repairs—reduce the
account by$30,000 leaving an amount of$30,000
THAT Attachments 1,2 and 3 to Report TR-05-01,identifying the Reserve Fund
and Reserve Fund balances and summaries of capital draws on these funds be
approved;and
THAT the Four Year Forecast be approved in principle.
"CARRIED"
Councillor Rowe chaired this portion of the meeting.
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Courtice Resolution#GPA-116-01
Community Park
Project Moved by Councillor Schell,seconded by Mayor Mutton
ff THAT Report CS-05-01 be received;
I THAT the change in the project location identified in the development charges
background study from Bowmanville to Courtice be approved; p g
THAT staff be authorized to proceed with the land acquisition for the Courtice
Community Park and report back;
THAT staff be authorized to proceed with the Request for Proposals for
Professional Services,
THAT the development of the Courtice Community Park be scheduled to open in
2003;
THAT the necessary funds for the acquisition of property and professional services
be accessed from Community Services Account#7602-00000-0500;
THAT the Treasurer be authorized,at the time of tendering the project, to make
application to the Region of Durham for debenturing the necessary funds for this
project;
THAT Council's intent to fund this project, including debenture repayments and
financing,to the extent allowable from current and future development charges be
expressed;
( , THAT the portion of the project not collectible from the development charges
L (approximately$1,282,397) be financed from a combination of the municipal
capital works reserve fund and the tax base in the budget year that the project is
constructed;and
THAT the Region of Durham be advised of the intent to debenture the project based
on the tender price. ((��
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G.P. &A. Minutes -4- February 16,2001
Courtice Resolution#GPA-117-01
Community Complex
Expansion Moved by Councillor Schell,seconded by Councillor Robinson
THAT Report CS-06-01 be received;
THAT the Site Plan attached to Report CS-06-01 as Attachment#1 identifying the
proposed expansion be approved;
THAT the Floor Plan attached to Report CS-06-01 as Attachment#2 be approved in
principle;
THAT staff be authorized to proceed with Contractor Pre-qualification Process;and
THAT staff be authorized to proceed to issue Tender call for construction
Courtice Community Complex,FORTHWITH. of the
"CARRIED"
Mayor Mutton chaired this portion of the meeting.
ADJOURNMENT
Resolution#GPA-118-01
Moved by Councillor Robinson,seconded by Councillor Rowe
THAT the meeting adjourn at 11:54 a.m.
"CARRIED"
MAYOR
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MUNICIPAL CLERK
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THE MUNICIPALITY OF CLARINGTON
General Purpose and Administration Committee
February 19,2001
Minutes of a meeting of the General Purpose
and Administration Committee held on
Monday,February 19,2001 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
Deputy Treasurer,N. Taylor
Director of Public Works,S. Vokes
Deputy Clerk,M. Knight Stanley
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
Councillor Schell indicated that he would be disclosing
respect to Report PD-019-01. a pecuniary interest with
Councillor Rowe indicted that she would be disclosing a pecuniary interest with
respect to Report WD-04-01.
MINUTES
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Resolution#GPA-119-01
Moved by Councillor Schell,seconded by Councillor Robinson
THAT the minutes of a regular meeting of the General Purpose and
Administration Committee held on February 5,2001 be approved.
"CARRIED"
Mayor Mutton presented Rodney Rozario,Construction Inspector,with a plaque
and congratulated him on winning the Scott McKay Memorial Award—2000-
for having the highest average of 89.9%in Ontario for the year 2000.
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G.P.&A. Minutes
-2- February 19,2001 `
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PRESENTATIONS
(a) Phil LeSauvage,Ontario Power Generation,Box 4000, Holt Road S. j
Bowmanville, L1C 3Z8 introduced Bill Simmons,who made the following
presentation with the use of an overhead projector:
• Managing Ontario Power Generation's Nuclear Waste safely and
responsibly
• Underwater storage
• Fuel—bundle of energy
• Containers
• Pickering Dry Storage
• Project EA
Curt Johansen,EA Project Manager addressed the following points:
• Responsible Authority
• Thorough approach
• Public consultation process
• Major process steps
• Major steps
He advised that EA approval is anticipated by no later than Spring,2004.
(b) Peter Guiry,Ontario Fire Marshal's Office—Simplified Risk Assessment-
Fire Prevention circulated a document entitled"Municipality of Clarington
-Emergency Services—Fire Prevention,Public Education and a simplified
Community Fire Risk Analysis". Mr.Guiry made a presentation with the
use of an overhead projector which addressed the following:
• Preparation and Purpose
• Mandated Requirements
• Fire Prevention—comparison of staffing levels
• Fire Prevention—service delivery options
• Community Risk Assessment -'
• Summary of deaths and injuries 1996— 1999
• Fires by property type
• Average Dollar loss per fire
• Fire concerns
• Objectives
• Conclusion
The Office of the Fire Marshal advises that first step in insuring a safe
community is to conduct a Risk Assessment. Clarington Emergency
Services has provided Council with the Fire Marshal's Office regarding
the Fire Prevention Division. In order to look at other areas of the
department,staff will be required to develop a"Master Fire Plan"to
examine the efficiency and effectiveness of the overall department and
how well it is organized to meet municipality's current and future needs.
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G.P.&A. Minutes -3 _
February 19,2001
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DELEGATIONS
(a) Krista Klose,Jungle Cat World,3667 Concession 6,Orono,LOB 1M0
advised that she has a concern with the municipality extending the deadline for Mr.
Creed to move his animals on June 1,2001 because, in her estimation,one month
should be sufficient. She noted that there are two cougars,one wolf,snakes and
birds of prey on the property and circulated photos of the property.
(b) Viola Vanderveen,86 Tamblyn Road,Orono,LOB IMO requested clarification
1 on how the municipality can give assurance that Mr. Creed will move the animals
off the property by June 1,2001.
(c) Anne Anderson,61 Tamblyn Road,Orono,LOB 1MO did not wish to address
Members of the Committee.
(d) Scott Creed, 150 Tamblyn Road,Orono,LOB IMO was called but was not
present.
(e) Robert Cochrane,92 Lownie Court,Bowmanville,L1C 5E1 advised that,at the
time of purchasing the property,the plans which were shown to him did not include
a sidewalk and requested that the sidewalk be deleted from the plan. He suggested
that the sidewalk be relocated east of Budd Lane.
lResolution#GPA-120-01
Moved by Councillor Trim,seconded by Councillor Rowe
THAT the Committee recess for ten minutes.
"CARRIED"
The meeting reconvened at 10:50 a.m.
Mayor Mutton welcomed Elaine Thomas,Co-op Student with the Statesman at the
meeting.
Councillor Schell chaired this portion of the meeting.
(I PUBLIC MEETING
Pursuant to the Planning Act,the Council of the Municipality of Clarington,
through its General Purpose and Administration Committee, is holding a Public
Meeting for the following application:
(a) Rezoning Application
Applicant: Bob Craig on behalf of 1419345 Ontario Ltd.
Part Lot 11,Concession 1,Former Township of Clarke
The Clerk's Department sent public notice for the rezoning application by first
class mail on or before January 31,2001 to all property owners within 120
metres of the subject property in accordance with the latest municipal
assessment record. In addition,notices were also posted on the site prior to
December 8,2000. This notice procedure is in compliance
Regulation made under the Planning Act. p ce with the Ontario
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G.P. &A. Minutes -4_
February 19,2001
PUBLIC MEETING CONT'D.
(a) Report PD-015-01 —Bob Craig on behalf of 1419345 Ontario Ltd.-the purpose
and effect of the application is to rezone the subject lands from Agricultural
(A)to an appropriate zone that would permit the development of six(6)lots for
single detached dwelling units.
No one spoke in opposition to or in support of this application.
Bob Craig,Sutton Dynamic Realty Inc.43 Ontario Street,Bowmanville,
L1C 2S4 was present to answer questions from Members of the Committee.
PLANNING AND ENGINEERING SERVICES DEPARTMENTS
Rezoning Resolution#GPA-121-01
Application
Applicant: Bob Craig Moved by Councillor Trim,seconded by Councillor MacArthur
i On behalf of 1419345
Ontario Ltd. THAT Report PD-015-01 be received;
ZBA 2000-028
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
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THAT all interested parties listed in Report PD-015-01 and any delegation be
advised of Council's decision.
"CARRIED"
A letter dated February 16,2001 from Justinian Scott Creed wherein he
requested that his zoning amendment application be withdrawn and that he be
allowed until June I;2001 to relocate the animals that he currently houses, was
circulated to Members of the Committee.
Rezoning Resolution#GPA-122-01
Application
Applicant: Justinian Moved by Councillor Robinson,seconded by Councillor Pingle I
Creed
ZBA 2000-012 THAT Report PD-016-01 be received;
THAT the request from Justinian Creed to withdraw his rezoning application
revised,to amend Comprehensive Zoning By-law 84-63 of the former Town of
Newcastle,to permit an exotic animal facility,be approved;
THAT the request from Justinian Creed to allow him until April 2,2001 to
relocate the animals he currently houses be approved;and
THAT Justinian Creed be advised of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION) C
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G.P. &A. Minutes -5 - February 19,2001
PLANNING AND ENGINEERING SERVICES DEPARTMENTS CONT'D.
ff Resolution#GPA-123-01
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Moved by Councillor Rowe,seconded by Councillor Pingle
THAT the foregoing Resolution#GPA-122-01 be amended by adding the following
wording in the last paragraph after the word"Creed":
{ "and interested parties"
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"CARRIED"
The foregoing Resolution#GPA-122-01 was then put to a vote and CARRIED AS
AMENDED.
Monitoring the Resolution#GPA-124-01
' Decisions of the
Committee of Moved by Mayor Mutton,seconded by Councillor Pingle
Adjustments
THAT Report PD-018-01 be received;and
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.
"CARRIED"
Councillor MacArthur chaired this portion of the meeting.
Councillor Schell stated a pecuniary interest with respect to Report PD-019-01;vacated
his chair and refrained from discussion and voting on the subject matter. Blue Circle
Canada Inc. referenced in Report PD-019-01 is Councillor Schell's employer.
Westside/ Resolution#GPA-125-01
Bowmanville Marsh
Wetland Complex Moved by Councillor Pingle,seconded by Councillor Rowe
PLN: 17.2.8
THAT Report PD-019-01 be received;
THAT the Terms of Reference for the Westside/Bowmanville Marsh Wetland
Complex Environmental Management Plan Study,be approved;
CTHAT 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
THAT Central Lake Ontario Conservation,Blue Circle Canada Inc.,and Port
Darlington Community Association be forwarded a copy of Report PD-019-01
and a copy of Council's decision.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTION)
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G.P. &A. Minutes -6-
February 19,2001
PLANNING AND ENGINEERING SERVICES DEPARTMENTS CONT'D.
Resolution#GPA-126-01
Moved by Councillor Pingle,seconded by Councillor Robinson
THAT the foregoing Resolution#GPA-125-01 be amended by adding the following
wording to the fourth paragraph:
"the Ontario Power Generation".
"CARRIED"
The foregoing Resolution#GPA-125-01 was then put to a vote and CARRIED AS
AMENDED.
Councillor Schell chaired this portion of the meeting.
Councillor Rowe stated a pecuniary interest with respect to Report WD-04-01;
vacated her chair and refrained from discussion and voting on the subject matter.
Councillor Rowe and her spouse have a financial interest in the following report. _
Rowland Court Resolution#GPA-127-01
Subdivision,
Courtice Plan Moved by Mayor Mutton,seconded by Councillor Trim
40M-1893
THAT Report WD-04-01 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-1893;and
THAT Council approve the by-laws attached to Report WD-04-01, assuming the
streets and blocks within Plans 40M-1893 and IOM-809 as Public Highways.
"CARRIED"
St. Stephen's Resolution#GPA-128-01
Estates Subdivision
Sidewalks on Moved by Councillor Rowe,seconded by Councillor Robinson
Lownie Court
Plan 40M-1977 THAT Report WD-05-01 be received; and
THAT Council authorize the completion of sidewalks on Lownie Court in
accordance with Report WD-05-01,when weather permits.
"CARRIED" I
Confidential Resolution#GPA-129-01
Report
Moved by Mayor Mutton,seconded by Councillor Robinson f
THAT the recommendations contained in Confidential Report WD-06-01 be
approved.
"CARRIED" F
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G.P. &A. Minutes - 7_
February 19,2001
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Councillor Trim chaired this portion of the meeting.
OPERATIONS AND EMERGENCY SERVICES DEPARTMENTS
Monthly Fire Resolution#GPA-130-01
Report for Month
of January,2001 Moved by Councillor Schell,seconded by Councillor Pingle
THAT Report FD-02-01 be received for information.
"CARRIED"
Councillor Rowe chaired this portion of the meeting.
COMMUNITY SERVICES AND CLERK'S DEPARTMENTS
Animal Licencing Resolution#GPA-131-01
Services Inc.—
Agreement Moved by Councillor Schell,seconded by Councillor Pingle
Mark Stewart
THAT Report CD-09-01 be received;
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;
THAT,subject to WSIB approval,the Agreement be executed by the Mayor and
Municipal Clerk and the authorizing By-law be forwarded to Council for
approval;and
THAT Mark Stewart,Animal Licencing Services Inc.,be advised of Council's
decision.
"CARRIED"
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES AND FINANCE DEPARTMENTS
Durham Purchasing Resolution#GPA-132-01
Co-operative Supplier/
Contractor Information Moved by Councillor Rowe,seconded by Councillor Robinson
Night
THAT Report TR-06-01 be received;
THAT participation by the Municipality of Clarington Purchasing Division in
the Durham Purchasing Co-operative Supplier/Contractor Information Night be
endorsed;and
THAT the required funds in an approximate amount of$600.00 be drawn from
the Purchasing Division's current operating budget.
"CARRIED"
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G.P.&A. Minutes - 8- February 19,2001
CORPORATE SERVICES AND FINANCE DEPARTMENTS
Quotation Q20004, Resolution#GPA-133-01
Supply of 1
Concession Moved by Councillor Schell,seconded by Councillor MacArthur
Beverages
THAT Report TR-07-01 be received;
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;
THAT the By-law attached to Report TR-07-01,as Schedule"A"be forwarded
to Council for approval;and
THAT the funds required be drawn from the Community Services respective
years current operation budgets.
"CARRIED"
Request to exempt Resolution#GPA-134-01
Clarington Branch
178 of Royal Moved by Councillor MacArthur,seconded by Councillor Pingle
Canadian Legion from
Property taxes THAT Report TR-08-01 be received;
THAT an 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 be authorized;
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
THAT a request be sent to the Province for exemption of the Education portion
of property taxes for this property.
"CARRIED"
Cash Activity Resolution#GPA-135-01
Report—December,
2000 Moved by Councillor Schell,seconded by Councillor Pingle
THAT Report TR-09-01 be received;
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 schedule attached to Report TR-09-01;and
THAT Part"A"of the expenditures for the month of December,2000 be
confirmed.
"CARRIED
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G.P.&A. Minutes -9
February 19,2001
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ADMINISTRATION
Clarin ton
g Resolution#GPA-136-01
Board of Trade
Moved by Councillor Schell,seconded by Councillor Rowe
THAT Report ADMIN-01-01 be received;
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;and
r 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. y k
"CARRIED"
Municipal Resolution#GPA-137-01
Performance
Measurement Programs Moved by Councillor Rowe,seconded by Councillor MacArthur
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THAT Report ADMIN-04-01 be received for information.
"CARRIED"
UNFINISHED BUSINESS
Ontario Power
Resolution#GPA-138-01
Generation
Moved by Councillor Schell,seconded by Councillor MacArthur
THAT the presentation made by the Ontario Power Generation be received with
thanks.
"CARRIED"
Ontario Fire Resolution#GPA-139-01
f Marshal's
Office Moved by Councillor Trim,seconded by Councillor Pingle
THAT the presentation regarding the Simplified Risk Assessment—Fire
Prevention made b y Peter Guiry,Ontario Fire Marshal's Office be received and
referred to staff for review and findings and report back with a complete
business plan in a timely fashion.
"CARRIED"
OTHER BUSINESS
There were no items listed under this section of the agenda.
i ;
313
G.P.&A. Minutes - 10- February 19,2001
ADJOURNMENT
Resolution#GPA-140-01
Moved by Councillor Rowe,seconded by Councillor Robinson
THAT the meeting adjourn at 11:35 a.m.
"CARRIED"
MAYOR
DEPUTY CLERK
i
Lam+
I
314
REPORT: PD-020-01
JOE DOMITROVIC
DN:pub-opa CORPORATION OF THE MUNICIPALITY OF CI,AILINGTON
NOTICE OF PUBLIC MEETING
TAKE NOTICE that the Council of the Corporation of the Municipality of Cl
meeting to consider a proposed Official Plan Amendment under Setion 22 of the ploa X11 hold a public
amended, and a proposed Zoning By-law Amendtent under Section 34 of the Planning 8 Act 1990,0, as
i
g Act, 1990, as
DATE: Monday,March 5,2001
Tom: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St.,Bowmanville,Ontario
( The proposed Official Plan Amendment(COPA 2001-001)and Zoning By-law
003), as submitted by Joe Domitrovic, would B y law Amendment
shop on a 8 Permit the existing automotive repair and automotive've body
Parcel of land totalling 0.5 hectares located on Part Lot 29, Concession 3 former Township of
Darlington(as shown on the reverse).
i
The lands in question are also subject to a Durham Regional Official Plan
99-013, which has been appealed to the On Amendment ApplicationROPA
requested that these applications be submitted deferred for la consolidated hearing Municipal Board has
_ ANY PERSON may attend the public meeting on this matter.
g and/or make written listed verbal representation either in support
o or in opposition to the proposal. Please note that the time listed above reflects the
General Purpose and Administration Co time at which the
` considered, Committee Meeting commences,not necessarily when this item will be
IF YOU wish to make a
be made to Mr.David Cr mee M C I PSBR p in respect or of Planning Plan De en ent'��lrcarion,it should
below' g and Development at the address given
IF YOU wish to be notified hfied of the adoption of the proposed Official Plan Amendment you must make a
written request to the Clerk's Department at the address given below.
An Official Plan Amendment adopted by the Municipality of Claris on
Durham for approval,unless it is determined during t is forwarded to the Region of
Regional approval.For an exempt Amendment; the review process that the Amendment is exempt from
subject to any appeal during he statutory appeal er decision to adopt by Clarington Council becomes final,
8 O' ppeal period.
IF A PERSON OR PUBLIC
BODY that files an appeal of a decision of Clalington Council in respect of the
Proposed official plan amendment does not
submissions c the plan a all of Cl make °� submissions at a public meeting
Ontario Municipal Board may dismiss all or part of the appeal, Official Plan or mane written
Amendment is adopted,the
THE PROPOSED Official Plan Amendment text and background materials relating o the
available for inspection between 8:30 a.m.and 4:30 p.m,(g:00 a.m.to 4:00 p.m.for the months of July and
August) at the Planning 8 Proposal are
Street,BowmanPillaning and Development Department, Municipal Administrative Centre
Ontario or by calling Richard Holy at 623-3379. + 40 Temperance
! DATED AT THE MUNICIPALITY
OF C
TTH nd AY ebruary 2001
i
MPath e, e
unicipality of CI an'
ngton
40 Temperance Street
BOWMANVILLE,Ontario LIC 3A6
PLANNING FILE: COPA 2001-001&ZBA 2001-003
CLERK'S FILE: D09.2001.001
D14.2001.003
5. 1
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® SUBJECT SITE
LOT 30 LOT 29
LOT 28
PEBBLESTONE ROAD
VIP
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KV MAP ZBA 2001 -
003
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502
REPORT: PD-021-01
RICHARD H. GAY HOLDING LTD.
dn: publ-org
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
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,MARCH 5,2001
I
i
Tom: 9:30 A.M.
PLACE: Council Chambers,Municipal Administrative Centre,
40 Temperance St.,Bowmanville,Ontario
The proposed Zoning By-law Amendment (ZBA 2001-004), as submitted by Richard H. Gay Holding
Limited, would change the zone category on a parcel of land totalling 0.75 hectares located on Part Lots 29
& 30, Concession 2, former Township of Darlington (as shown on the reverse) from "Holding — Urban
Residential Type One ((IDR1) Zone" to an appropriate zone to permit the development of a professional
office use.
The lands in
question are also subject to Site Plan Amendment Application SPA 2001-003.
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 necessarily when this item will be
considered.
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
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
4:30 p n between 8:30 a.m. and
p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40
Temperance Street,Bowmanville,Ontario or by calling Richard Holy at 623-3379.
DATED AT THE MUNICIPALITY
OF CLARINGTON
THIS Februar y 2001
Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario L1C 3A6
PLANNING FILE: ZBA 2001-004
{
SPA 2001-003
CLERK'S FILE:
D14.2001.004 '
593
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SUBJECT SITE
LOT 30 LOT 29
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COURTICE SPA 2001 -003
KEY MAP ZgA 2001 -004
504
DN:P020-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, March 5, 2001 Res. #
Report#: PD-020-01 FILE #: COPA 2001-001; By-law#
ZBA 2001-003
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT AND
j REZONING APPLICATION
APPLICANT: JOE DOMITROVIC
PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF
' DARLINGTON
3872 COURTICE ROAD
FILE NO.'S: COPA 2000-001; ZBA 2001-003
i
Recommendations:
It is respectfully recommended to Council the following:
I P2 1. THAT Report PD-020-01 be received;
2. THAT the Clarington Official Plan amendment and rezoning application as submitted by
f Joe Domitrovic be referred back to Staff for further processing and preparation of a
subsequent report pending receipt of all outstanding comments;
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision
1. APPLICATION DETAILS
1.1 Applicant: Joe Domitrovic
1.2 Official Plan Amendment:
To amend the "Green Space" land use designation to permit the
existing automotive repair and automotive body shop.
1.3 Rezoning: To rezone the subject lands from "Agricultural (A) Zone" to permit
the existing automotive repair and automotive body shop.
1.4 Site Area: 0.53 hectares (1.31 acres)
601
i
REPORT NO.: PD-020-01
PAGE 2
2. LOCATION
2.1 The subject lands are located on the southwest corner of Courtice Road and Pebblestone
i
Road north of Courtice (see Attachment 1). The applicant's 0.53 hectare (1.31 acres) land
holdings are located within Part Lot 29, Concession 3, in the former Township of
Darlington at 3872 Courtice Road.
3. BACKGROUND
3.1 On January 23, 2001, Joe Domitrovic submitted an application to amend the Clarington
Official Plan (COPA 2001-001) and a rezoning application (ZBA 2001-003). The
purpose of these applications is to permit the existing automotive repair and automotive -
I
body shop (see Attachment 2).
3.2 On October 18, 2000, Durham Regional Council adopted Amendment#68 to the Durham
Regional Official Plan which permits the applicant's existing automotive repair and
automotive body shop. On November 2, 2000, this amendment was appealed to the
Ontario Municipal Board. The Board has directed the applicant to submit the Clarington
Official Plan Amendment and rezonin g application to order that these may be referred to
the Board for a consolidated hearing. A hearing date has not been set for this matter.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site currently contains an existing automotive repair and automotive body shop as
well as the applicant's dwelling. The majority of the property is currently grass. The
property slopes gently upwards near Pebblestone Road.
l
r—
4.2 Surrounding Uses:
East - former gravel pit
North - rural residential and former gravel pit
West - vacant lands
(-
South - rural residential, place of worship, convent, day care, and
elementary school
i
602
REPORT NO.: PD-020-01 PAGE 3
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Major Open Space" within the Durham Region Official Plan.
Permitted uses include conservation, recreation, reforestation, agriculture, and farm-
related uses. Amendment #68 as considered by Durham Regional Council would permit
the existing automotive repair and automotive body shop. The Ontario Municipal Board
will determine the merits of Amendment#68.
5.2 Within the Clarington Official Plan, the property is designated "Green Space", which
permits conservation, active and passive recreational uses, agriculture, farm-related uses,
home-based occupations and limited home industries. As the existing use does not
conform to the Official Plan, an application to amend the Plan has been submitted for
consideration. A copy of the proposed official plan amendment is contained in
Attachment 3.
6. ZONING BY-LAW CONFORMITY
6.1 The lands subject to the application are currently zoned "Agricultural (A) Zone", which
does not permit the existing automotive repair and automotive body shop. As a result, a
rezoning application was submitted for consideration.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and two public meeting notice signs were installed on the lands.
7.2 No general inquiries have been received on the applications to date.
i
8. AGENCY COMMENTS
8.1 The Durham Region Health Department has no objections to the application.
8.2 The Clarington Public Works Department has no objections to the proposal provided that
following conditions are fulfilled:
603
i
I,
REPORT NO.: PD-020-01 PAGE 4
• f
i
A 5.18 metre road widening on Pebblestone Road must be dedicated to the
Municipality free and clear of all encumbrances.
• No changes to the existing site drainage patterns are permitted.
• The applicant shall fulfil all Regional entrance requirements.
1
• The applicant shall construct the entrance on Pebblestone Road to a commercial
standard and provide appropriate securities for the works.
■ An appropriate cash-in-lieu of parkland contribution is required.
8.3 Comments have not been received from the following agencies.
■ Clarington Fire Department
■ Clarington Building Division
■ Durham Region Planning Department
■ Durham Region Public Works Department
■ Central Lake Ontario Conservation
■ Hydro One Networks Inc. °
9. CONCLUSIONS
9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under
f
the Planning Act, and taking into consideration all of the comments received, it is
respectfully requested that this report be referred back to Staff for further processing and
the preparation of a subsequent report.
i
I
604
REPORT NO.: PD-020-01 PAGE 5
Respectfully submitted, Reviewed by,
Davi J Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
A
y Director of Planning & Development Chief Administrative Officer.
_ RH*LT*DC*df
i
Attachment 1 - Key Map
- Attachment 2 - Site Plan
Attachment 3 - Proposed Amendment to the Clarington Official Plan
i
Interested parties to be notified of Council and Committee's decision:
Joe Domitrovic
3872 Courtice Road
COURTICE, Ontario
UE 2L5
Walter and Bernice Petryshyn
1671 Taunton Road East
HAMPTON, Ontario
LOB 1 JO
Shan Jain
Barrister, Solicitor
I and Notary Public
215 Simcoe Street North, Suite 2
OSHAWA, Ontario
L1G 4T1
f
605
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ATTACHMENT
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LOT 30 LOT 29 LOT 28
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PEBBLESTONE ROAD
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. KEY MAP Z B A, 204 1 -003 -
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ATTACHMENT k2
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ROPA 99-013
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ATTACHMENT 3
i
AMENDMENT NO.
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of the Amendment is to legally
recognize an existing automotive repair and
i I
automotive body shop on a 0. 5 hectare
parcel of land at 3872 Courtice Road in
Courtice.
I
BASIS: The Amendment is based on an application
submitted by Joe Domitrovic.
r
ACTUAL AMENDMENT: The Clarington Official Plan is hereby
amended as follows:
i) By adding the following section:
"14 .5 .3 Notwithstanding Section 14. 5 .1
a 0 . 5 hectare parcel of land
located within Part of Lot 29,
Concession 3 , former Township of
Darlington, shall only be used
for the purposes of an
automotive repair and automotive
body shop and personal
residence. "
IMPLEMENTATION: The provisions set forth in the Clarington
Official Plan, as amended, regarding the
implementation of the Plan, shall apply in
regard to this amendment.
i
INTERPRETATION: The provisions set forth in the
Clarington Official Plan, as amended,
regarding the interpretation of the
Plan, shall apply in regard to this
amendment .
6 ^8
DN:P021.01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
,. PUBLIC MEETING
Meeting: General Purpose and Administration Committee File#
I
Date: Monday, March 5, 2001 Res. #
Report #: PD-021-01 FILE #: ZBA 2001-004; By-law#
SPA 2001-003
Subject: REZONING AND SITE PLAN APPLICATION
APPLICANT: RICHARD H. GAY HOLDING LTD.
PART LOTS 29/30, CONCESSION 2, FORMER TOWNSHIP
DARLINGTON OF
1687 HIGHWAY 2, COURTICE
FILE NO.: ZBA 2001-004; SPA 2001-003
Recommendations:
It is respectfully recommended to Council the following:
I. THAT Report PD-021-01 be received;
2. THAT the rezoning application g pp as submitted by Rick Gay, on behalf of Richard H. Gay
Holding Limited, be referred back to Staff for further processing and preparation of a
subsequent report pending receipt of all outstanding comments; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Richard H. Gay Holdin g Limited
1.2 Agent: Rick Gay
1.3 Rezoning: To rezone the subject lands from "Holding-Urban Residential Type One
I ((H)R1) Zone" to permit a professional office.
1.4 Site Area: 0.55 hectares (1.36 acres)
2. LOCATION
L2.1 The subject lands are located on the southeast corner of Highway 2 an d the future
Maplefield Drive in Courtice (see Attachment 1). The property is adjacent to the future
LCourtice Main Central Area. The applicant's 0.55 hectares (1.36 acres) land holdings are
i
-
609
I
REPORT NO.: PD-021-01
PAGE 2
located within Part Lots 29 and 30, Concession 2, in the former Township of Darlington
at 1687 Highway 2.
3. BACKGROUND
3.1 On January 25, 2001, Rick Gay submitted a rezoning application (ZBA 2001-004) and a
site plan application (SPA 2001-003) on behalf of Richard H. Gay Holding Limited. The
purpose of these applications is to permit the conversion of the existing residential
dwelling into a professional office (see Attachment 2).
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site currently contains an existing residential dwelling. The majority f th
g � y o e property
is currently grass. The front of the site slopes gently towards Highway 2.
4.2 Surrounding Uses: r
East -
existing residential
North - existing residential and vacant lands
West - existing residential and vacant lands
south - urban residential and vacant lands
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Living Area" within the Durham Region Official Plan.
Limited office uses are permitted within this designation, provided that they do not
impact the function of planned Central Areas. The application conforms to the policies.
5.2 Within the Clarington Official Plan, the property is designated "Special Policy Area F -
King Street Corridor". Permitted uses include limited office development. Conformity
will be determined once a land use plan has been prepared for this special policy area.
610
REPORT NO.: PD-021-01 PAGE 3
6. ZONING BY-LAW CONFORMITY
6.1 The lands subject to the application are currently zoned "Holding-Urban Residential Type
One ((H)Rl) Zone", which does not permit a professional office on the property. As a
result, a rezoning application was submitted for consideration.
I
C7. PUBLIC NOTICE AND SUBMISSION
7.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting notice sign was installed on the lands.
7.2 A number of general inquiries have been received. Although there are no objections to
the proposed office use, there are concerns that the property could be used as a
contractor's yard to store trucks, heavy equipment, and building supplies. The application
does not indicate that a contractor's yard is to be established on the property.
8. AGENCY COMMENTS
8.1 The Clarington Public Works Department has no objections to the proposal provided that
lot grading and drainage can be accommodated and that the appropriate cash-in-lieu of
parkland contribution is provided. The Building Division has no objection to the proposal
provided that the appropriate permits are procured by the applicant.
C
8.2 The Durham Region Health Department requires information on sewage flow rates,
ground water table, and percolation rates prior to issuance of approval for the proposal.
8.3 Comments have not been received from the following agencies.
■ Clarington Fire Department
■ Durham Region Planning Department
■ Durham Region Public Works Department
I _
■ Central Lake Ontario Conservation
■ Hydro One Networks Inc.
I
I
611
REPORT NO.: PD-021-01
PAGE 4
9. COMMENTS
9.1 The Municipality is currently preparing a land use study for the Courtice Highway 2
i
Corridor and Main Central Area. The Region of Durham Public Works Department is
examining transportation and streetscape design issues along this portion of Highway 2 as
well. Staff will forward a report for consideration once these studies are complete.
10. CONCLUSIONS
10.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under
the Planning Act, and taking into consideration all of the comments received, it is
respectfully requested that this report be referred back to Staff for furt her processing and _
the preparation of a subsequent report.
I
Resp ubmitted, Reviewed by,
D i . Crome, C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development Chief Administrative Officer.
RH*LT*DC*df
1
Attachment 1 - Key Map
Attachment 2 - Site Plan r
Interested parties to be notified of Council and Committee's decision:
Rick Gay
John Healey
Richard H. Gay Holding Limited 2800 Courtice Road
97 Athol Street East COURTICE, Ontario �-
OSHAWA, Ontario LIE 2M6
L1H 1J8
I
Nick Purnell
George and Margaret Gouldbourn I
1721 Highway
1705 Highway 2 COURTICE, Ontario
COURTICE, Ontario
LIE 2R5 L 1 E 2R5
612
i
ATTACHMENT 1
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SUBJECT SITE
LOT 30 LOT 29
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COURTICE ZBA 2001 -004
KEY MAP SPA 200 1 -003
613
{ON N NAPMC 70*ISHP OF OAKNGMN)
OW 711E
MUNICIPALITY OF CLARINGTON
REGKNAL MUHCPALRY OF DAHAM
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O{�^f_T ; I �uN gat-tnm rs+ E 0 0 LOl 6 PROJECT.
Jj-. gN B 0 K 6 x'-BkOCK�B �- �`-p Tas Pua i"Pv" 1°619 PROPOSED SITE
ale �:: �, DEVELOPMENT
p O ' •'� "r' :,�� -...i i
HIGHWAY NO2&MAPLEFIELD DRIVE
�ll�... •}}�; .,�, Q 8L COURTICE ONTARIO
BLOC w 1-8 ; rAa�tti MAPLEFIELD DRI _ '^ 1O,aos�n�D RICHARD H GAY MOLDMG LTD
PART 1 uN 6x6 .0 PANT 1. :! PL. saes M `3�,;i-
astern TATa+a�>rIDM O >�� "k '• 16 DRAWING:
a->w•,anuT m�f urnm a•na�T t-ud • t R
Ilk a►mh
Q� z J _ �" oa c. >T.• r B 1 mn� APPLICATION FOR
■Pf°nR. BLOCK 17 _..-........ _, as e11O REZONING
B�OC�S �—SEE DETAIL -B'
RAN .OR-11510
W AREA OF SITE - 74973 SM t
AREA OF OF ICES- 390 SM D
fAfaf ACAC AI•uYi L!•1-n K QfQT YR O PAWJ40 AT 1 PER 30 SM -13 SPACES (OFFICES) D ASSOCIAM w" -
/\ ono umITED e.r
TOTAL PARKNQ REO/D - 13 SPACES
PAR NQ PROVIDED - 13 SPACES
m
�
i �� -- -- --- - -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, March 5, 2001
Res. #
Report#: PD-023-01 File#: By-law#
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF FEBRUARY 22, 2001
FILES: A2001/007, A2001/009 & A2001/010
Recommendations:
= It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-023-01 be received; and
2. THAT Council concur with decisions of the Committee of Adjustment made on February
22, 2001 for applications and that Staff be authorized to appear before the Ontario
Municipal board to defend the decisions of the Committee of Adjustment.
1. APPLICATION DETAILS
1.1 All applications received b the Municipality Y p y for minor variance are scheduled to be heard
within 30 days of being received by the Secretary-Treasurer. The purpose of the minor
variance application and the Committee's decisions are detailed in Attachment No. 1. A
summary of the Committee's decisions are shown below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR FEBRUARY 22, 2001
Application # Staff Recommendation Committee Decision
A2001/007 Approve Approved
i A2001/009 Approve Approved
A2001/O10 Approve App roved
�-
1.2 Application A2001/007 was originally scheduled for the February 1, 2001 meeting. The
application was pulled from the agenda as the agent did not post the Public Meetin g t�si a
615
REPORT PD-023-01 PAGE 2
i
minimum of ten (10) days prior to the Public Meeting. The applicant did meet the
i
requirements of the Planning Act for the February 22, 2001 Public Meeting and the
application was heard.
1.3 Staff 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 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,
i
Dav d J Crome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Dir r of Planning and Development Chief Administrative Officer
SA*DJC*sh
February 26, 2001
Attachment No. 1 -Purpose of Minor Variance Applications
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616
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
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FILE NUMBER: A01/007
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APPLICANT: WHITTAKER, TIM
AGENT: KINETIC SERVICES
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PROPERTY DESCRIPTION
_ 8 LOVERS LANE
PART LOT: 11 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: -
ZONING: R1
HEARING DATE: 22-Feb-01
APPEAL DATE: 21-Feb-01 DECISION: APPROVED
MINOR VARIANCE:
TO PERMIT THE CONTINUED USE OF AN ACCESSORY BUILDING WITH AN
EXISTING SIDE YARD OF . 9 M (3 FT) , INSTEAD OF THE REQUIRED MINIMUM
1 . 2 M (4 FT) SIDE YARD SETBACK.
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REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR IN
NATURE AND DESIRABLE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN
AND ZONING BY-LAW.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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COMMITTEE OF ADJUSTMENT
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PERIODIC REPORT
FILE NUMBER: A01/009 C
APPLICANT: TANASONS HOLDINGS LTD
AGENT: HADY CONSTRUCTION
PROPERTY DESCRIPTION
200 BASELINE ROAD EAST
PART LOT: 9 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: -
ZONING: M2
HEARING DATE: 22-Feb-01
APPEAL DATE: 14-Mar-01 DECISION: APPROVED
MINOR VARIANCE:
TO PERMIT THE EXPANSION OF AN EXISTING INDUSTRIAL BUILDING TO A
HEIGHT OF 15 . 3 M (50 FT) , INSTEAD OF THE MAXIMUM PERMITTED 12
METRES (40 FT) , AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM
THE REQUIRED 7 . 5 M (25 FT) , TO 7 . 3 M (24 FT) .
REASON FOR DECISION:
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THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN
CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED
MINOR AND DESIRABLE.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A01/010
APPLICANT: FALLIS, CARL & SUZANNE
AGENT:
PROPERTY DESCRIPTION
110 PARKWAY AVE
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PART LOT: 10 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: -
ZONING: Rl
HEARING DATE: -
22-Feb Ol
APPEAL DATE: 14-Mar-01 DECISION: APPROVED
' MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING WITH A 0 . 76
METRES (2 . 5 FT) REAR YARD AND A 0 . 60 METRES (2 FT) SIDE YARD,
INSTEAD OF THE REQUIRED MINIMUM 1 . 2 METRE (4 FT) REAR AND SIDE
YARD SETBACKS .
REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN
CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED
MINOR AND DESIRABLE .
619
DN:P024-0 t
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, March 5, 2001 Res. #
Report #: PD-024-01 FILE#: COPA 2000-008 By-law#
Subject: CLARINGTON OFFICIAL PLAN AMENDMENT
APPLICANT: DONALD AND NORMA WELSH
PART LOT 9, CONCESSION 4, FORMER TOWNSHIP OF
DARLINGTON-4280 MEARNS AVENUE
FILE: COPA 2000-008 (X-REF: OPA 2000-009)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
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1. THAT Report PD-024-01 be received;
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2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington recommends the approval of the Regional Official Plan Amendment
application (OPA 2000-009), as submitted by Ronald Worboy, on behalf of Donald and
Norma Welsh, to permit the severance of a dwelling surplus to a farm operation;
3. THAT the application to amend the Clarington Official Plan submitted by Ronald
Worboy, on behalf of Donald and Norma Welsh, be APPROVED as provided for in
k7 Amendment No. 22 to the Clarington Official Plan, as detailed in Attachment 4 to this
Report;
4. THAT the necessary By-law to adopt Amendment No. 22 to the Clarington Official Plan,
be passed and that it be forwarded to the Regional Municipality of Durham for approval;
5. THAT Durham Region Planning Department and all interested parties listed in this
report, and any delegations, be advised of Council's decision.
! 1. APPLICATION DETAILS
1.1 Applicant/Owner: Donald and Norma Welsh
1.2 Agent: Ronald Worboy
1.3 Durham Region Official Plan Amendment:
To provide for the creation of a new lot for a dwelling
deemed surplus to the farm operation.
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REPORT NO.: PD-024-01 PAGE 2
1.4 Clarington Official Plan Amendment:
To provide for the creation of a new lot for a dwelling
deemed surplus to a farm operation and to grant exception
to the Official Plan requirement that no previous farm-
related severance has been received since January 1,
1974.
1.5 Location
The subject lands are located in Part of Lot 9, Concession
4, former Township of Darlington. The property has the
municipal address of 4280 Mearns Avenue. The lands are
situated on the west side of Mearns Avenue, north of
Concession Road 4. This is a 45.6 ha parcel of land which
is currently being used in association with the Welsh's farm
operation. There is only the one residential structure
located on the subject lands.
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1.6 Area:
0.418 ha(1 ac.) portion of a 45.63 ha(112.75 ac.) parcel
1.7
Existing se:
g A residential dwelling surrounded by agricultural activities.
A tributary of the Soper Creek flows through the subject
lands.
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1.8 Surrounding Uses: North- agricultural activities and two residential lots
South - agricultural activities
East - agricultural activities, a farm residence and barns
West - agricultural activities
2. BACKGROUND
2.1 On September 29, 2000, the Municipality of Clarington Planning Department received an
application to amend the Clarington Official Plan. The application pp on upon submission was
incomplete and the agricultural assessment report was not submitted until November 14`''.
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6/- 1
REPORT NO.: PD-024-01
PAGE 3
Likewise, an application to amend the Durham Regional Official Plan (OPA 2000-009)
was submitted, but was not circulated for agency comments until December 5, 2000 as
the application when received was deemed incomplete.
2.2 The applicant, Mr. Welsh is selling his farm parcels to the neighbouring farmer (Mr.
Benschop). Mr. Welsh wishes to continue living at his current residence and is seeking
approval to sever his residence at 4280 Meares Avenue from the larger farm parcel
creating a 0.418 ha lot and a 45.2 ha lot.
2.3 Mr. Welsh also owns 2 additional farm parcels being a 18.2 ha vacant parcel and a 26.3
ha parcel (Attachment 1). The Welsh's are third generation farmers and they own a dairy
farm known as Welcrest Farms. Prior to 1999 when the Welsh's sold their cows and milk
quota, they milked 45 dairy cows. They are now raising 70 dairy heifers. Lands also
involved in this application are those owned by the Benschops. The Benschops currently
own three (3) farm parcels located just east of Mr. Welsh's parcels (Attachment 1)
3. APPLICABLE POLICIES AND ZONING REGULATIONS
3.1 Provincial Policv
Section 2.1.2 c) of the Provincial Policy Statement specifies that a residence deemed to be
surplus to a farming operation may be severed from the property creating a new
residential lot. The Policy Statement defines a "Residence Surplus to a Farming
Operation" as "one or two or more existing farm residences built prior to 1978 and
surplus to the farm, or an existing farm residence that is rendered surplus as a result of
farm consolidation (farm consolidation means the acquisition of additional farm parcels
to be operated as one farm operation)." The residence located at 4280 Meares Avenue
was built in 1967 and has been deemed surplus as a result of the consolidation of the
Benschop farm with the Welsh farm. -
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REPO -
REPORT Nom.: rD-024 O1 PAGE 4
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3.2 Regional Official Plan Policy
The Durham Region Official Plan designates the subject lands "Permanent Agricultural
Reserve". Lands so designated shall be used primarily for agricultural purposes. Section
12.3.12 of the Official Plan states that an amendment is required for the severance of a
surplus dwelling, if the dwelling is deemed surplus through the acquisition of a non-
abutting farm parcel.
3.3 Clarington Official Plan Policy
The subject lands are designated "Prime Agricultural Area" and "Environmental
Protection" in the Clarington Official Plan. Lands designated "Prime Agricultural Area"
shall be predominantly used for farm purposes. The lands designated "Environmental
Protection" reflect the Soper Creek tributary and valleylands.
The Clarington Official Plan (Section 13.3.9) provides a policy to allow the removal of a
dwelling rendered surplus due to the acquisition of a non-abutting farm provided that the
following criteria are met:
a) A retirement or intra-family lot has not been severed since January 1, 1974;
b) The farm to be acquired is a minimum of 40 hectares;
C) The dwelling to be severed is not required for farm employees;
d) The surplus dwelling lot is generally less than 0.6 hectares; and
e) It is registered on title that once a surplus dwelling lot is severed, no further
severance is permitted from the parcel for retirement purposes. �-
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3.4 Clarington Zoning By-law
The subject lands are zoned "Agricultural Exception(A-1)" and "Environmental
Protection(EP)". The "EP" zoning reflects the tributary and valleylands: No structures
are permitted within the "EP" zone except for flood or erosion control structures. On -
lands zoned "A-1", farm uses shall prevail.
4. PUBLIC SUBMISSIONS
At the statutory public meeting held on January 8, 2001 at the Municipality of Clarington
no one spoke in objection to this application. In addition to the applicant, one area
resident spoke in support of this application.
REPORT NO.: PD-024-01 PAGE 5
The Region of Durham held the statutory public meeting to consider the Regional
Official Plan Amendment (OPA 2000-009) on January 23, 2001. At this meeting, only
the applicant spoke in support of this application.
5. AGENCY COMMENTS
Staff circulated the application and the following agencies had no objection to the
application.
■ Clarington Public Works Department
■ Clarington Fire Department
■ Durham Region Health Department
The Region of Durham Planning Department have advised that the application is not
exempt from Regional approval.
The Central Lake Ontario Conservation Authority (CLOC) originally expressed concerns
about the configuration of the proposed lot as part of the stream valleylands were
incorporated within the lot. CLOC discourages the severance of lands resulting in the
division of ownership of flood plain lands, hazard lands, and valleylands. CLOC staff
visited the site and advised that if the applicant reconfigures the lot, using the existing
fence line on the east and south boundary as the lot boundaries, the amount of valleylands
within the lot would be reduced significantly, and they could support this application.
6. STAFF COMMENTS
6.1 The Benschops wish to acquire the 3 parcels comprising the Welsh farm lands adding
them to their total farm operation. Mr. Benschop owns a farm operation located to the
east of the Welsh property. The Benschops currently operate a 90 head dairy farm which
includes 3 parcels of land totalling 141 ha. The Benschops also own farmland in Manvers
Township and rent an additional 58 ha of land.
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Some of the lands the Benschops are acquiring from the Welsh's are adjacent to their
existing farm operation. However, as the subject lands are separated by a municipally
624
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REPORT NO.: PD-024-01
PAGE 6
open and maintained road, this application qualifies as the consolidation of non-abutting
farms and requires a site specific amendment to the Clarington Official Plan.
6.2 The Clarington Official Plan requires the submission of an environmental impact study if
a development application is located within or adjacent to a natural feature identified on
Map "C" to the Official Plan. The tributary which runs through the subject lands is
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identified on Map "C", however, as the residential use is already established and no
further development or intensification of use is contemplated on the subject lands, an
environmental impact study is not required.
6.3 The applicant has agreed to reconfi ure the lot to satisf
g y the concerns expressed by the
Conservation Authority. The applicant has provided a sketch showing the location of the
well and septic systems, both of which appear not to be impacted by the lot
reconfiguration. The general lot location has been established and there exists enough
land to the north to accommodate a revised lot configuration, ensuring that the minimum
lot size can be achieved. The principle of land use will be established by the Official Plan
Amendment, determination of the exact configuration of the lot and confirmation of
setback requirements can be confirmed when a survey is submitted with the consent
application.
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6.4 An agricultural assessment was prepared by Dale Toombs. The report reviewed
Minimum Distance Separation formula requirements, confirming that this application j
meets the separation distance as dictated by the formula. The assessment confirms that
the Benschops operate a viable farm, and the farm is larger than the average size dairy
operation in Durham Region. The report states that the Benschops currently have enough
available land to support any needed additional dwellings for farm employees. The report I
concludes that the residential dwelling located at 4280 Meams Avenue is surplus to the
Benschop farm operation.
625
REPORT NO.: PD-024-01 PAGE 7
6.5 Both the Benschops and the Welshs have previously severed lots, creating a number of
rural lots on the subject lands since 1974. A sketch identifying the number and type of
lots created is attached to this report (Attachment 1). The Clarin ton
g Official Plan
policies prohibits the creation of a lot for a surplus dwelling if a retirement or intra-family
lot has been created since 1974. This provision was incorporated, in part, to limit"the
fragmentation of agricultural land. The public meeting report prepared by staff expressed
concern about setting an unfavourable
precedent if an exception is made to Section 13.3.9
' a) in favour of the applicant.
6.6 Upon further consideration of the application, Staff determined that there were conditions
I under which the proposal may achieve the broader objectives of the Official Plan,
specifically the preservation of agricultural land.
A brief description of conditions the Welshs and the Benschops have agreed to is outlined
below and illustrated on Attachment 2:
• Two separate parcels (one owned by Benchop and one owned by Welsh) will be
melded to a large 60.79 ha parcel of land thereby eliminating 1 existing lot on which a
houses could be built.
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• A 0.3 metre road reserve along the Mearns Avenue frontage of the 45.63 ha lot,
effectively eliminating the potential to obtain a building permit for a house as the
property will not possess the required lot frontage to support a residential use. This
will be implemented as a condition of the severance.
■ A special zone will be introduced in the new Zoning By-law on the 45.63 ha lot to
permit only agricultural uses. Residential uses would not be permitted on the subject
1 lands. The current and future owners have agreed to not object to the incorporation J rp ion of
such provisions in the new Zoning By-law.
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626
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REPORT NO.: PD-024-01 PAGE 8
Attachment 3 is the solicitor's letter confirming that all parties have agreed to these
conditions.
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6.7 Through the implementation of the measures identified above, the following objectives
will be realized, resulting in achieving the goal of preserving agricultural land:
■ There will be no net increase in the number of vacant agricultural parcels which could
potentially be utilized for residential purposes.
■ There
will be a physical consolidation of lands to create a larger farm parcel with a
total size of 60.8 ha(150 acres). _
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7. CONCLUSION
7.1 The landowners involved in this application have agreed to meld lands, accept a 0.3 metre
road reserve, and not object to the placing of a special zone on one of the properties.
These conditions will not only attain the broader objectives of the Official Plan, but also
reduce the potential for fragmentation of agricultural land, helping to preserve
agricultural land for future generations. As these actions work to implement the
objectives of the Official Plan, Staff can support this a pp lication to permit the creation of
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a lot for a surplus dwelling. Accordingly, it is recommended that:
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• Council support the application to the Regional Official Plan Amendment Application
(OPA 2000-009) to permit the creation of a surplus farm dwelling lot.
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• Council adopt Amendment #22 to the Clarington Official Plan as contained in I
Attachment 4 and that it be forwarded to the Region of Durham for approval.
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REPORT NO.: PD-024-01
PAGE 9
Respect ly submitted, Reviewed by,
David rome, M.C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development Chief Administrative Officer.
HB*BN*DC*df
2 January 2001
+ Attachment 1 - Key Map - Description of Severance Activity
Attachment 2 - Conditions for Proposed Severance
Attachment 3 - Correspondence from Ron Worboy
Attachment 4- Amendment#22
Attachment 5 - By-law to adopt Amendment#22
f Interested parties to be notified of Council and Committee's decision:
Donald and Norman Welsh Mr. T. Benschop
C R.R.#4
R.R.#4
4280 Meares Avenue BOWMANVILLE, Ontario
BOWMANVILLE, Ontario L1C 3K3
L1C 3K5
Ronald Worboy
Barrister and Solicitor
153 Simcoe Street North
OSHAWA, Ontario
L1G 4S6
Dale Toombs
Agricultural S and Rural Land Use Consulting
15 Walker Street
LINDSAY, Ontario
K9V 5Z8
Cathy and Harry Kamstra
4665 Liberty Street
BOWMANVILLE, Ontario
L1C 4N7
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ATTACHMENT 1
• TAUNTON ROAD
LOT 10 LOT•9 .
LOT 8 LO 7
0
Q i
0 Benschop
40.48ha
d
c
'■■ Q
■ O
Benschop
a 20.24ha
�•1lVelsh����� �:�:::::
• i:18.20ha:
Welsh
z
0
WRetirement Lot created Q
W in favour of Welsh by O
LD75/316 ""f
Fes
-
W
::2.02 ha Rural Residential: AV U Z
::non-farm lot created by Q Q
W ::LD 79/312 in favour of 0
:V) Welsh �
Lot created in favour W
of Welsh prior to :LY.: ' : : : ` ` :: ': :: ' `i W N
1974 :•.• .• W
ig:Kr. .X. Z m
Welsh (,
:26.30ha: :
Benschop
Proposed Proposed surplus dwelling lot 0.418ha.` 34.49ha
--�— ntrafamil
-■ � y Lot created
Retirement Lot created in favour of Benshop 1y
" in favour of Benshop by LD89/177
by LD89/176 ■ E i
CONCESSION .. ROAD 4 s
Subject lands owned by Welsh to be aquired by Benschop
Additional Welsh lands to be aquired by Benschop
DARLINGTON KEY MAP COPA 2000-008 ROPA 2000-009
0 009
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ATTACHMENT 2
Lands to be Zoned
to Permit Farm Use Only
Lands to be Melded
LOT 10 LOT ' 9 LOT 8 LOT 7
TA NTO)NNIRgAy l(REG1,0NAL ROAD 4)
L-L
.S.G
Wo
40.48 ha
20.24ha
O
18.20ha
:7
Existing
45.63ha 0.3m Reserve
W w M
V) z
0
V)
M ei Proposed
U-1
-0.3m Reserve
z
0
C-)
Proposed Surplus
Dwellin Lot 0.418ha
TFTc-d-Nc-E-s-§�IoN
IROAD
DARLINGTON COPA 2000-008
KEY MAP ROPA 2000-009
630
ATTACHMENT 3
RONALD E WORBOY,B.A..LL.B. TELEPHONE (905)723-2288
bUISfQr ` pp FAX (905) 576-1355
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153 SIMCOE STREET NORTH
OSHAWA,ONTARIO
L1G 4S6
February 191h, 2001. t
(C' R911 ,
Corporation of the Municipality of Clarington, PE$ 1 9 2001
Community Planning Branch,
40 Temperance Street, MUPLANNIN Y OF ARTMEN TUN
PLANiVIiVl�DEPARTMENT
Bowmanville, Ontario.
L1C 3A6 —
Attention: Heather Brooks
MCIP, RPP, Planner
Dear Ms. Brooks: I
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RE: DONALD WELSH and NORMA WELSH application to amend
The Official Plan for the Municipality of Clarington
RE: Application to Amend the Official Plan for the Regional Municipality
Of Durham
RE: Real Property— Part of Lot 8 and the west one-half of Lot 7,
Concession 4, North of Mearns— PIN—26691 —0087 (LT)—Owners —
Shirley Benschop, Thomas John Benschop, Faith Henrietta Feddema,
Donna-Leigh Benschop—20.24 ha + 20.24 ha= 40.48 Ha (herein
Called "Benschop Parcel P')
RE: Lot 7, Concession 4, east one-half north of Mearns
Owner—Thomas Benschop In Trust—20.24 ha(herein called
"Benschop Parcel II")
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RE: Lot 7 and 8, Concession 4, south of Mearns — PIN 266691 — 0088 (LT)
—Owners - Shirley Benschop, Thomas John Benschop, Faith
Henrietta Feddema and Donna-Leigh Jane Benschop— 11.17 ha+
23.32 ha=34.49 ha (herein called `Benschop Parcel III")
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RE: Welsh real property— north of Mearns—Part of Lot 8—20
Hectares—Owners—Donald Welsh and Norma Welsh
(herein called "Welsh Parcel I")
RE: Part of Lot 8, Concession 4, south of Mearns— 26.30 hectares—
Owners - Donald Welsh and Norma Welsh ( herein called Welsh
j Parcel H")
RE: Part of Lot 9, Concession 4, west of Mearns—Owners - Norma Welsh
And Donald Welsh (herein called "Welsh Parcel III")
Further to our meeting on February 9th, 2001, I am writing to advise and confirm
` as follows:
1. Benschop Parcel I — I confirm that this parcel at present is under one
ownership with the 20.24 acres of Lot 8, the west half of Lot 7, 20.24
i hectares forming Parcel I — Title is registered under PIN 26691-0087
l .(LT);
2. Benschop Parcel II— Owner- Thomas Benschop Trustee—east half of
Lot 7, Concession 4; I advise that Thomas Benschop residence is located
on this Parcel I and it is to remains "as is".
3. Welsh Parcel I —I confirm that the latter parcel will remain as it is with a
separate title as it has an existing one foot reserve along the north side of
Mearns Avenue;
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4. Welsh Parcel III - west side of Mearns Avenue—45.69 hectares,
excluding retirement lot LD75318 and excluding lot in favour of Welsh
prior to 1974; I confirm that a one foot reserve fronting on the open
portion of Mearns Avenue shall be conveyed to the Municipality, further
Norma Welsh and Donald Welsh and all of the Benschop owners, namely,
Shirley Benschop, Thomas John Benschop, Faith Henrietta Feddema and
Donna-Leah Benschop shall consent to the zoning of the Welsh Parcel III
as a special agricultural zoning, that will not permit a residence but shall
permit agricultural operations and agricultural buildings, which rezoning =
shall be effected at time general zoning by-law is approved, all at no cost
to Welsh or Benschop.
5. Benschop Parcel III and Welsh Parcel II —
I understand
that Benschop
p
Parcel III is comprised of one ownership under PIN 26691 —0088 and will
be merged with Welsh Parcel II;
As expressed previously, Donald Welsh and Norma Welsh, are taking a mortgage
back for part of the purchase price to secure Welsh Parcel I, Welsh Parcel II and Welsh
Parcel III. Upon discharge and pay-out of mortgage back, Welsh Parcel II will have
merged with Benschop Parcel III. It is the intent of all parties to convey Welsh Parcel II
into same name as title as Benschop Parcel III.
I trust the foregoing is of some assistance and I remain,
E
Yours very truly, '
RFW/lrb RON F. WORBOY
I
633
I LL• y� '- ,1 i
41,
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:AO ALLGtfAIY_'E BE715E'EN p7hY'E'SSItY/5 3 A/,'O t —
COW "WESSAM MAO I
BLOCK 26692 e
isLOCK 26689
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TOTAL F.09
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b34
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ATTACHMENT 4
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AMENDMENT 22
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the
potential severance of a surplus farm dwelling and to grant exception to the
requirement that a retirement or intra-family lot had not been previously severed
from the farm since January 1, 1974. The proposed lot is located in Part Lot 9,
Concession 4, former Township of Darlington, 4280 Mearns Avenue
BASIS: The Amendment is based on an application submitted by Donald and Norma
Welsh to permit the creation of a surplus dwelling lot from a 45.6 hectare farm
parcel. The 45.6 hectare farm parcel will be acquired as a component of a larger
230 hectare farm operation. The approval of this application is based on
1
commitments made by the applicant and others as follows:
■ The applicant and the proposed purchaser have agreed to the consolidation of
other lands in Lots 7 and 8, Concession 4, former Township of Darlington;
■ The applicant has agreed to the dedication of a 03 metre reserve as a
condition of land severance;
■ The applicant and proposed purchaser have agreed not to object to any future
rezoning which would prohibit residential uses on the subject lands.
Council is satisfied that the applicant is operating a bona-fide farm operation and
that this amendment meets the intent of the Official Plan and fulfils the objective
of preserving agricultural land.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1) by adding the following exception to Table 13.1 as follows:
TABLE 13.1 {
SURPLUS FARM DWELLING LOT EXCEPTIONS C
Exception Assessment No. Legal Description Area of Surplus Area of
Dwelling Lot Remainder of
Land f
4 010-080-083-50 Part Lot 9,Conc. 4, 0.41 ha 45.2 ha
(2000) former Township of
Darlington
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this amendment.
v
INTERPRETATION: The provisions set forth in the Clarington Official Plan, as �~
amended, regarding the interpretation of the Plan, shall apply in
regard to this amendment.
635
ATTACHMENT 5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
.
being a By-law to adopt Amendment 22 to the Clarington Official Plan
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WHEREAS,Section 17(22)of the Planning Act.R.S.O. 1990,as amended,authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS,the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to specifically permit a surplus farm dwelling lot
in Part Lot 9,Concession 4, former Township of Darlington;
' NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the
Municipality of Clarington enacts as follows:
w
1. That Amendment No.22 to the Clarington Official Plan being the attached Explanatory
Text is hereby adopted;
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to
make application to the Regional Municipality of Durham for approval of the
aforementioned Amendment No.22 to the Clarington Official Plan;and
3. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of 2001.
BY-LAW read a second time this day of
2001.
BY-LAW read a third time and finally passed this day of 2001.
i
MAYOR
CLERK
636
DN T025-0(
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, March 5, 2001 Res. #
Report #: PD-025-01 File#: 18T-99004 By-law# k
I
i
Subject: APPLICATION TO AMEND THE CITY OF OSHAWA OFFICIAL PLAN
(EASTDALE PART II PLAN) (8-3-99), CITY OF OSHAWA ZONING BY-
LAW NO. 60-94 (Z-10/99) AND APPLICATION FOR PLAN OF
SUBDIVISION(18T-99004)
APPLICANT: BARRY GOLDMAN—DURHAM HOMES
FILE NO.: 18T-99004 (X-REF 8-3-99, Z-10/99)
Reconunendations:
= It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
i 1. THAT Report PD-025-01 be received;
2. THAT Report PD-025-01 be adopted as the Municipality's comments with respect to the
application to amend the City of Oshawa Official Plan (Eastdale Part II Plan) (8-3-99),
City of Oshawa Zoning By-law No. 60-94 (Z-10/99) and application for Plan of
Subdivision (18T-99004) submitted by Barry Goldman on behalf of Durham Homes to
the City of Oshawa;
3. THAT the City of Oshawa be requested to keep the Municipality of Clarington apprised
regarding the status of these applications, and that any revisions to these applications be
forwarded to the Municipality of Clarington for review and comment;
4. THAT it is the Municipality of Clarington's position that the proposed future location of
Rossland Road shall align with the current road allowance for Pebblestone Road;
5. THAT a copy of this report and Councils resolution is forwarded to the City of Oshawa's
Clerks and Planning Departments.
1. BACKGROUND AND APPLICATION DETAILS
i1.1 On June 2, 1999 the Planning Department received a request from the City of Oshawa for
comments on applications for development located in Part Lot 1, Concession 2, City of
Oshawa. The subject lands (see Attachment 1) are located in Oshawa, north of Adelaide
Avenue abutting Regional Road 55 (Townline Road). The applications propose the
I following:
63 /
REPORT PD-025-01 PAGE 2
I
• Amend the Oshawa Official Plan (Eastdale Part II Plan) (8-3-99) to:
i) change the designation of Block C-1 located in the southern portion of the
subject lands from "Community Use (Church)" to "Convenience
Commercial";
designate the eastern portion of the block of land north of Rossland Road East
that is shown as "Other lands which applicant has interest" from "Open
Space" and"Recreation" to "Community Use (Church)";
introduce a new policy that permits land that is designated "Community Use
(Church)" to be used as low density residential if no church use occurs after
five years; and
iv) implement certain features of the draft plan of subdivision such as the road
pattern.
• Amend the City of Oshawa Zoning By-law No. 60-94 (Z-10/99) from "UR Urban
Reserve)" to a zone appropriate to implement the official plan amendments and draft
plan of subdivision 18T-99004; and
Approval of a draft plan of subdivision(18T-99004) proposing to create a total of 448
residential units including 98 apartment units and 61 street townhouse units, a park
block and a 0.56 ha mixed use block containing convenience commercial
professional office and residential uses (Attaclunent 1).
s
1.2 Subsequent to receipt of these applications, review was suspended due to issues regarding
the uncertainty of ownership. The ownership issues are now resolved and the MJ
applications for development have been revised.
1.3 The revised application proposes phasing of the development with the first phase being
the southern portion (Phase 3a) of the subject lands (Attachment 2). Development of the F
remaining land holdings (Phase 3b) are not being considered at this time. The revised
application includes the following:
• amendment to the Eastdale Part II Plan to re-designate Block C-1 from "Community
Use" (Church) to "Convenience Commercial".
• Proposed draft plan of subdivision having 152 single detached residential units, Block
C-1 as convenience commercial usc, and a block for park purposes. The proposed
lotting and road patterns mimic that which was contained within the original proposal
i
i
638
REPORT PD-025-01 PAGE 3
i
• Zoning amendment from "Urban Reserve (UR)" to zones appropriate to implement
the official plan amendment and the proposed draft plan of subdivision.
2. COMMENTS
2.1 Clarington Official Plan Policies and Zoning
The lands located adjacent to the applications, but east of Regional Road 55 are
designated "Green Space" in the Clarington Official Plan and are zoned "Agricultural
i
(A)" in Comprehensive Zoning By-law 84-63 of the former Town of Newcastle. These
lands are not located within the Courtice Urban Area and are serviced by wells and septic
systems. Located approximate) 200
Y metres east of Regional Road 55 is the Harmony
Creek, associated tableland woodlands and the locally significant Golf Course Wetland,
all situated upstream to the Provincially Significant Second Marsh. These natural
features have been identified in the Clarington Official Plan and are designated and zoned
in part "Environmental Protection(EP)". It is anticipated that the Conservation Authority
will provide comments on the impact of this development on these identified natural
features as it is their responsibility p y a nd mandate to do so.
2.2 Well Interference
A number of rural residences are located on the east side of Townline Road. The
Municipality of Clarington requests that the requirement for a hydrogeological
stud be included in the e conditions of draft plan approval to ensure that the wells of
j residents located on the east side of Regional Road 55 are not negatively impacted
upon by this development.
2.3 Rossland Road and Other Road Improvements
j After reviewing the application the Public Works Department requested that the
following information be provided to their satisfaction:
i
• That the proposed location of Rossland Road aligns with the current road
i
allowance for Pebblestone Road;
• That should the proposed development require the provision of street lighting or
sidewalks on Regional Road 55, the works including costs, shall be the
responsibility of the City of Oshawa;
639
REPORT PD-025-01 PAGE 4
• That the City of Oshawa advise the Municipality regarding any specific
construction plans for Rossland Road as improvements on Pebblestone Road
may be considered in conjunction with the future construction of Rossland
Road; and
• That any improvements required to the Pebblestone Road and Regional Road 55
intersection are the responsibility of the City of Oshawa and/or the Region of
Durham.
La
2.4 Convenience Commercial
• Phase 1 —Block C-1 "Community Use (Church)"to "Convenience Commercial".
When the Eastdale Part II Plan was approved in the early 1990's, Block Cl was
designated "Community Use (Church)" reflecting the draft approved plan of subdivision
in place at that time. Block C-1 is 0.56 ha in size, which in today's standards is in itself,
too small to accommodate a church use. Block C-1 is located at the northwest corner of
Margate Drive and Townline Road. At the expense of the loss of some residential lots,
Block C-1 could be enlarged to accommodate a church use. Instead the applicant is L
proposing to transfer the "Community Use (Church)" to lands located north of the
Rossland Road extension in order to establish a convenience commercial use on Block C-
1. This block would accommodate approximately 15,000 sq. ft. of commercial
development. Although recent approvals for larger commercial developments in
Oshawa have impacted Courtice, this development will serve primarily local
residents and will not have an impact on Clarin ton's broader
g commercial
structure. As such, staff have no objections.
i-
3.0 CONCLUSION }
The Municipality has no objection to the proposal to develop 152 residential units and to
develop a 0.56 ha convenience commercial block. Clarington's support of this portion of
the application in no way endorses any other phase of this development. The
Municipality reserves comment on the other phases of this development until the
environmental impact study has been completed and the alignment of Rossland Road has
64.E
REPORT PD-025-01 PAGE 5
been set. It is requested that the City of Oshawa keep the Municipality of Clarington
informed with .respect to these applications and that any additional information or
revisions be forwarded to the Municipality's Planning Department for review and
comment.
It is requested that the City of Oshawa ensure that the Municipality of Clarington be
consulted in a timely fashion during the Rossland Road alignment study.
I
Respectfully submitted, Reviewed by,
Da id krome, .C.I.P., R.P.P. Franklin Wu, M.C.I.P., R.P.P.,
Direct ng & Development Chief Administrative Officer
HB*BN*DJC*cc
February 27, 2001
Attachment 1 - Original Development Plan
Attachment 2 - Revised Development Plan
Attachment 3 - Proposed Official Plan Amendment
f
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641
ATTACHMENT 1
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Vp w��o 3, ter. --� KEY PLAN
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AODITMONAL NFORALA TION REOURED L R
SECTION 5X21 Of iRE PLANNWG ACi
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C PRDPOSEQ__ - - DRAFT PLAN OF SIt!®®Ibi
PART OF LOT 1,CONCESSION 2
3 � CITY OF OSHAWA
P REGIONAL MUNICIPALITY OF DURHAM
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MACAIAV,Y E1H)pMl HpNBpN LTD•
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IST99004
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APPLICATION AS ORIGINALLY SUBMITTED
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REMISED 98.99004
KINGSWAY PHASE 3a _ --
DRAFT PLAN OF SUBDIVISION
——- ---- E PART OF LOT 1,CONCESSION 2
--- —_ _ CITY OF OSHAWA wf tsol
_ REGIONAL MUNICIPALITY OF DURH
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REVISED APPLICATION
643
i
BY:Xerox Telecopier 7021 2-12-01 9:54 9054365699-+ 905 623 08304 3
ATTACHMENT 3
Memorandum
s Ohgwa
n •�rta�
Otte bra0*#75 ve are
1121 - (911
bepannient of Development and Planning Services
May 31, 1999 Flle Nos.Z-10/99,8-3-109, 187-98004
Re: Applications to Amend Oshawa Official Plan (Eastdale Part H Plan) and Zoning
i
By-law No. 6094 and for Approval of Graff Plan Of Subdivision 18T-99004
West of Townline Road North, Ross/and Road East Extended
Armstrong Harrison Associates on behalf of Rains Parentcorp Inc., Cameo
Subsidiary Corporation and Rains Limited
The purposes of the applications are as follows.
1) The application to Amend Oshawa Official Plan (Eastdale Part to Plan) is to.
a) change the designation on Block C-1 from Community Use (Church) to Convenience
Commercial;
b) designate the eastern portion of the block of land north of Rossiand Road East that is
shown as "Other lands which applicant has interest" (this block of land is not included in
the draft plan of subdivision or the rezoning applications)from Open Space and
Recreation to Community Use (Church);
L
c) introduce a new policy that permits land that are designated Community Use(Church)to
be used as low density residential if no church occurs after five years; and
d) to implement certain features of the draft plan, such as the road pattern.
2) The application to amend Zoning By-law No. 60-94 is to rezone the land that form part of
the draft plan from UR (Urban Reserve) to an appropriate zone in order to implement draft
plan of subdivision 1 ST-99004 (does not Include the lands north of Rossland Road East).
3) The application for approval of draft plan of subdivision 1 ST-99004,
L
I
L
644
97007-9903
DN:gpajan t
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, March 5, 2001 Res. #
Report #: WD-7-01 FILE #: By-law #
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JANUARY,
! 2001.
i
i
Recommendations:
It is respectfully recommended that the General Purpose and Administration
recommend to Council the following: p tration Committee
1. THAT Report WD-7-01 be received for information.
1. BACKGROUND:
1.1 With respect to the Building Permit Activit y for r the month of January 2001, Staff
wish to highlight the following statistics for the information of Committee and
Council.
MTH OF JAN 2001 YEAR TO DATE 2001 YEAR TO DATE 2000
E Permits Issued 41 41 44
VALUE OF CONSTRUCTION
Residential $ 1,849,473 $ 1,849,473 $ 3,457,895
Commercial $ 157,800 $ 157,800 $ 10,000
f Industrial $ 0 $ 0 $ 0
i- Others $ 408,200
$ 408,200 $ 1,179,400
k-
TOTAL $ 2,415,473 $ 2,415,473 $ 4,647,295 i
645
i
REPORT NO.: WD-7-01 PAGE 2
I I
1.2 With respect to non-residential building permit activities, the details are provided as
follows: �
APPLICANT CONSTR TYPE LOCATION $ VALUE t
Vandyke, George Pita/Sandwich 69 King Street West 200
Central Park Lodges Deck 330 King Street West 131000
Lakeridge Health Plumbing Pipes 47 Liberty Street 11000
Metcalf, Bill Riding Arena 2077 Bloor Street 155,700
Heeringa, John Pole Barn 4275 Townline Rd N 20,000
Munic of Clarington Corridor 26 Beech Avenue 171,500
Rice, John Pizza Hut 215 King Street East 120,000
I
Halloway Holdings Tanning Salon 1414 Highway #2 21,600
Ontario Power Gener Roof Darlington NGS 30,000
Wendy's/Tim Hortons Backflow 330 Waverly Road 1,000
Lakeridge Health I Magnetic Locks 47 Liberty erty Street South 1,000
Choloniuk, Leo I Hair Salon 1415 Highway #2, U2 15,000
Ontario Power Gener ( Back
flow Holt Road 16,000
TOTAL
566,000 Eli
{
Respectfully submitted, Reviewed by,
Stephe A. Vokes, P.En —
g Franklin Wu,
Director of Public Works Chief Administrative Officer.
SAV*bb
February 14, 2001
t
646
Monthly Building Activity Report. Municipality of Clarington Printed on February 14, 2001 at 14:57 For the month ending 01.01.31
q Permits Issued Housing Starts Value of Construction q
fl q
p Group I Jan 2001 i 2001 Y.T.D1 2000 Y.T.D1 Jan 2001 1 2001 Y.T.D; 2000 Y.T.D1 Jan 2001 1 2001 Y.T.D. i 2000 Y.T.D. 11
If I I I I I I I I 1 11 SFD Single Family Dwelling
q SFD I 3 1 3 1 13 1 24 1 24 1 7 1 526,114.00 1 526,114.00 1 1,657,000.00 11 SDD Semi-Detach (Link) Dwelling
If I I I I I I I I 1 11 SMD Sin le Mobile Dwelling
11 SDD 1 10 1 10 1 16 1 14 1 14 25 1 1,110,689.00 ( 1,110,689.00 1 1,616,495.00 p g
IF I I I 1 I I I I I II TWH Townhouse
II SMD I I I I I I I I I II MUL Multi
II I I I I I I I I I fl
p TNH I I I I I 1 2 1 I I 11 DFD Dual Family Dwelling
if I I I I I I 1 I I p OTH Other
fl MUL I I I I I I I I I 11
q DFD I I I 1 I I I I I I 10,000.00 p COM Commercial
If I I I I I I I I I q IND Industrial
p OTH ( 11 1 11 1 10 I I 1 1 212,670.00 212,670.00
I I 17a,aoo.00 fl INS Institutional
p SUB-TOTAL 1 24 ( 24 1 40 1 38 ( 38 1 34 1 1,849,473.00 1 1,849,473.00 1 3,457,895.00 p AG R Agricultural
GOV Government
If I I I I I I I I I fl
p COM 1 5 1 5 I 1 I I I 1 157,800.00 ( 157,800.00 1 10,000.00 fl HYD Hydro
I I 1 I I I I I I fl PLM Plumbing
fl IND I I I I I I I I I fl REN Renewal
p INS I 3 I 3 I 1 I I I I 15,000.00 1 15,000-00 1 1,100,000.00 p DEM Demolition
p AGR 1 2 ( 2 I I I I I 175,700.00 1 175,700.00 1 q
If I I I I I I I I I fl
fl GOV I 1 I 1 I 2 I I I I 171,500.00 1 171,500.00 1 79,400.00 p
II
HYD 2 2 I j I I I I I I I II
I I I ( I 46,000.00 1 46,000.00 1 q
II PLM I I I I I I I I I fl
CT If I I I I I I I I I II
BEN I I I I I I I I I fl
�I q DEM 1 4 1 4 1 I I I I I I fl
1 1 1 Il
p SUB-TOTAL 1 17 1 17 1 4 1 1 1 1 566,000.00 1 566,000.00 1 1,189,400.00 11
n 1 1 1 1 i 1 1 1 i n
Y 1 1
1 1 1 1 1 h
11 TOTAL 1 41 1 41 1 44 1 38 1 38 1 34 1 2,415,473.00 1 2,415,473.00 1 4,647,295.00 II
1 1 1 t 1 1 1 1 1 1 1
q BP FEES 1 19,448 1 19,448 1 48,674 1 1 1 1 I I fl
p PP FEES I I I I 1 I I I I fl
b HISTORICAL COMPARISON OF BUILDING PERMITS II
it based on Building Permits Issued. Printed on 01.02.14 at 14:57 II
jl Current Year Figures to the End of 01.01.31 II
II YEAR ( RESIDEtTTIAL I COMMERCIAL ( INDUSTRIAL I AGRICULTURAL I INSTITUTIONAL I GOVERNMENT I ONT HYDRO I TOTAL II
it
2000 ( 76,206,503.34 1 5,031,825.00 1 7,206,286.00 1 244,736.00 ( 7,349,286.00 1 1,028,587.00 1 693,737.00 ( 97,760,960.34 II
II
2001 I 1,845,473.00 1 157,800.00 I 1 175,700.00 ( 15,000.00 1 171,500.00 1 46,000.00 1 2,415,473.00 II
u 79 1 4,672,000.00 1 5,981,000.00 1 4,100,000.00 1 412,000.00 1 87,000.00 I 1 1 15,252,000.00 II
u 80 1 4,618,000.00 1 832,000.00 1 2,505,000.00 1 101,000.00 1 4,291,000.00 I 1 2,814,000.00 1 15,161,000.00 II
II 81 1 5,341,000.00 ( 467,000.00 1 866,000.00 ( 156,000.00 1 246,000.00 ( 1 86,478,000.00 1 93,554,000.00 II
11 82 1 6,260,000.00 1 718,000.00 1 256,000.00 1 127,000.00 ( 1,506,000.00 1 1 7,466,000.00 i 16,333,000.00 II
I
83 1 6,561,000.00 1 1,274,000.00 1 246,000.00 1 114,000.00 1 2,278,000.00 I 1 7,281,000.00 1 17,754,000.00 II
� � it
11 84 1 13,450,000.00 1 1,262,000.00 1 1,885,000.00 ( 120,000.00 1 445,000.00 1 1 7,300,000.00 1 24,462,000.00 11
I
II 85 1 29,859,000.00 1 1,299,000.00 1 786,000.00 1 100,000.00 1 1,719,000.00 ( 1,330,000.00 1 630,000.00 1 35,723,000.00 II
II 7 7 7 I
u 86 1 65,010,000.00 1 2,247,000.00 1 3,071,000.00 1 184,000.00 1 839,000.00 I 1 1,770,000.00 ( 73,121,000.00 II
I I
II 87 1 90,705,000.00 ( 4,619,000.00 1 4,165,000.00 1 231,000.00 1 2,063,000.00 1 7,995,000.00 i 3,095,000.00 ( 112,873,000.00 11
II Be 1 137,773,000.00 ( 2,901,000.00 1 5,627,000.00 1 160,000.00 1 14,207,000.00 I 1 1,439,000.00 1 162,107,000.00 II
11 89 1 148,434,000.00 1 3,149,000.00 1 34,157,000.00 i 50,000.00 1 8,224,000.00 1 6,868,000.00 1 24,139,000.00 1 225,021,000.00 II
M 90 1 57,581,350.00 1 1,526,000.00 1 2,948,000.00 I 1 4,145,000.00 1 3,678,000.00 1 430,700.00 1 70,309,050.00 II
i i i t -- - ' -- -- -- it
I' 91 1 65,698,000.00 1 3,859,300.00 1 1,324,000.00 1 438,000.00 1 551,000.00 1 17,000.00 1 1,521,500.00 1 73,408,800.00
92 1 67,186,310.00 1 1,321,500.00 1 186,000.00 1 412,000.00 1 1,389,000.00 1 5,585,000.00 1 21,413,500.00 1 97,493,310.00 II
11 93 1 52,220,000.00 1 5,109,000.00 1 7,000.00 1 733,500.00 1 5,183,000.00 1 428,000.00 1 705,500.00 1 64,386,000.00 11
�
11 94 1 72,461,955.00 1 1,216,700.00 1 1,836,000.00 1 276,100.00 1 1,258,500.00 1 1,975,000.00 1 1,816,750.00 1 80,841,005.00 II
I - I
11 95 i 41,455,602.25 1 3,478,800.00 1 551,000.00 1 584,900.00 1 10,469,000.00 1 359,000.00 1 136,500.00 1 57,034,802.25 II
H 1 I I 1 I -- --- 11
11 96 1 56,047,370.00 1 4,164,405.00 1 610,000.00 ( 596,500.00 1 211,500.00 1 5,083,000.00 1 951,705.25 1 67,664,480.25 II
II 97 1 72,334,758.00 1 16,573,385.87 1 12,615,000.00 1 698,000.00 1 17,129,700.00 1 4,372,388.00 1 1,677,600.00 1 125,400,831.87 11
11 98 1 60,673,258.00 1 11,067,876.76 1 3,146,000.00 1 438,100.00 1 8,266,515.00 1 1,477,761.00 ( 281,000.00 1 85,350,510.76 it
II 99 1 69,554,326.00 1 2,274,800.00 ( 1,499,150.00 ( 600,100.00 1 8,699,410.00 1 238,000.00 1 15,000,000.00 1 97,865,786.00 II
Summary of Residential Units by Geographical Areas I)
11 based on Building Permits Issued. Printed on 01.02.14 at 14:57 II
11 Current Year Figures to the End of 01.01.31 II
I
II URBAN AREAS RURAL AREAS HAMLETS II
I'
II YEAR ( BOWM I COUR I NEWC ( WILM I ORON I DARL I CLAR I BURK I ENFI I ENNI I HAMP I HAYD I KEND I KIPS I LESK I MAPL I MITC I NEWT I SOLI I TYRO I TOTALII
1120001 188 1 231 1 110 1 19 1 1 102 1 17 1 1 1 1 7 1 1 1 I I I I I I 3 1 1 1 679 11
IIi20011 7+_ 1 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13 11
11 76 1 239 I 2 1 5 I 1 3 1 19 ( 18 ( I I 1 I 2 I 1 I 1 1 I 3 ( 1 3 I 1 ( I 1 1 299
it
I
p 77 1 118 1 2 1 11 1 1 7 1 29 I 26 I I I I 2 1 2 1 2 1 I 1 1 I 2 1 1 1 I 1 203 II
II 78 I 13 1 2 1 2 1 I 45 1 19 1 25 1 1 1 I I 1 1 I I 1 1 1 1 I 5 1 2 1 2 1 1 119 II
II-
p 79 I 1 1 2 1 7 1 I I 25 I 22 i I i I I 1 1 1 I 3 1 I 1 1 I 1 1 I 63 II
If-
p 80 I 3 1 2 1 47 I 1 1 1 19 1 12 I 1 I I I I 1 I I I I I 3 1 1 1 88 II
II- i I
U 81 I 1 1 I 3 1 I 2 1 28 1 25 I 1 1 I l I 1 1 I I 1 1 I 2 1 I 7 1 2 1 73 II
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: MARCH 5,2001 Res. #
Report No.: WD-09-01 By-Law#
i
Subject: BOWMANVILLE NEWCASTLE BASEBALL ASSOCIATION
CONCERNS WITH PARK SERVICES
Recommendations:
' It is respectfully p y rec ommended that the General Purpose and Administration Committee
recommend to Council the following:
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1. THAT Report WD-09-01 be received;
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2. THAT Council approve, in principle, of developing a major outdoor park facility and that a
Steering Committee be created to assist with the development concept; and
3. THAT Bowmanville Newcastle Baseball Association be advised of Council's decision.
REPORT
1.0 BACKGROUND
1.1 The Bowmanville Newcastle Baseball Association(BNBA) has been utilizing storage space
at the Visual Arts Centre since 1986. Last year, Council approved the termination of the
lease arrangements and returned the space to the Visual Arts Centre Board effective
November 1, 2000.
1.2 Council approved an alternative location for the storage of equipment to be reviewed on a
year to year basis.
650
REPORT NO.: WD-09-01 PAGE 2
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1.3 The President of the BNBA appeared before Council regarding opportunities that have to be
acted upon in order to support a program that involves 38 teams and approximately 500
children. The BNBA has numerous challenges:
' I
• Lack of adequate baseball fields/shortage of all types of ball diamonds
• Clubhouse/training area for officials and players
• Storage space for equipment
In this report,staff will address each of these issues.
2.0 COMMENT
2.1 Lack of Baseball Fields -
The Municipality of Clarington has only one regulation baseball diamond for bantam age
and above. This facility is located at the Harvey Jackson Park in Kendal and is heavily i
used.
There are two other baseball diamonds in Clarington located at Soper Creek Park in
Bowmanville and Orono Park in Orono. The BNBA also uses various school diamonds and
municipal parks to accommodate house league, tee ball and four pitch.
Diamond availability is limited and overall expansion of all leagues and practices is severely
restricted. It is important for the Municipality to look at an overall plan to incorporate youth
and adult league expansions, sports camps,tournaments etc. as soon as possible.
As the Municipality is developing conceptual plans for major open space developments in
the Newcastle and Courtice areas, it is important for Council to consider expanding the
scope of those developments to incorporate a 50 to 70 acre community park development if
possible. This proposed park would consist of multi-sports fields, spectator seating, j
playgrounds, playcourts, change rooms, concession area and parking for 300 cars. This
development could also feature a special interest clubhouse, which would be attractive to all
community organizations. This is the most responsible in terms of park development since
i
651
REPORT NO.: WD-09-01 PAGE 3
it will effectively assist with long term maintenance and will meet the increasing demand on
outdoor sports.
The immediate concern is that there are no plans to acquire the required land through
subdivision agreement at this time. If land can be purchased, the earliest for the first phase
of the development of the park is a minimum three(3)years away.
If Council is in support of the development of a major community park concept, staff will
continue to review land purchase opportunities and report back to Council once a suitable
parcel has been found.
Council may wish to appoint a steering committee of outdoor sports users to meet regularly
in identifying potential park services and to assist in the preparation of a conceptual master
plan.
2.2 Storage Facility
When the BNBA approached pp ached Council in December 2000, they indicated that a residential
property located at the south end of Memorial Park was available for purchase. The BNBA
felt that this would satisfy their need for storage as well as a clubhouse. Staff agreed that the
purchase of this property could also be a benefit to the Municipality to accommodate off
- street parking when the building was turned over to the Municipality.
By purchasing this building, BNBA or the Municipality may have to invest significant
dollars in upgrading the building to meet applicable Building Code requirements and the
performance level of the building. It is recommended that this property not be purchased for
the use by BNBA and that all efforts will be focused on the development of a major
r
community park which could accommodate some type of clubhouse.
i
In the interim, BNBA would be encouraged to use one of the many municipal community
Lbuildings that could be made available for training and promotional days.
652
REPORT NO.: WD-09-01 PAGE 4
2.3 Storage Space
The BNBA have been very fortunate to have had the use of the space at the Visual Arts
r
Centre for the past 14 years. Council has approved temporary arrangements at the Kendal
Community Centre, which is on a year to year basis. As we know, this location poses
several problems for the BNBA. The distance from Bowmanville will restrict volunteers
from effectively utilizing this space.
i
The Municipality does not have any available sr a the Bowmanville area that could be
assigned temporarily. The Association will,have to explore what other arrangements may
be available in the Bowmanville area after the 2001 season. Until a community park is
developed, the BNBA may decide to approach Council for an operating grant to assist them
since they have not utilized the grant process for over 14 years.
3.0 CONCLUSION
3.1 Staff are recommending that Council support the development of a community park concept
to incorporate a multi-field sport complex and that Staff take appropriate action to initiate r
this venture as soon as possible.
3.2 Staff are recommending that Council create a Steering Committee of representatives of
outdoor sports groups to assist in the development of the conceptual master plan once land
has been obtained.
Respectfully submitted,
Reviewed by,
(t
Stephen A. Vokes,P. Eng., Franklin Wu,
Director of Public Works Chief Administrative Officer
FH*SAV*ce E
27/02/01
653
REPORT NO.: WD-09-01 PAGE 5
Pc: Bowmanville Newcastle Baseball Association
C/o Mr. R.Morrison,President
P.O. Box 346
Bowmanville, ON
LlC U5
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654
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: MARCH 5,2001
I
Report No.: WD-10-01 Our File: PO.10.06 By-Law#
Subject: PROPOSED SCHEDULE OF RATES AND FEES FOR SPORTSFIELDS
r AND PARKS
Recommendations:
It is respectful) recommended that the General neral Purpose and Administration Committee
recommend to Council the following:
i
1. THAT Report WD-10-01 be received; and
2. THAT Council approve the attached proposed schedule of rates and fees for sportsfields and
parks effective May 1,2001.
REPORT
1.0 ATTACHMENTS
No. 1: 2001 Rates and Fees Schedule
2.0 BACKGROUND
2.1 In 2000, the Public Works Department assumed full responsibility for the issuance of
sportsfield and park permits from the Community Services Department.
2.2 The overall Park Permit Usage for 2000 is as follows:
a) 206 Sportsfield Permits 8,999.5 hours
b) 133 Park Permits 1,157 hours
Total of 339 Permits 10,156.5 hours
i
2.3 Staff recognizes that ongoing communication with various user groups is imperative. Staff
will continue to maintain our pre-season and post-season meetings in order to incorporate
655
REPORT NO.: WD-10-01 PAGE 2
suggestions and comments in our program. It should also be noted that Staff have always
made themselves available throughout the season to discuss issues and concerns as they
arise.
2.4 2001 Fees
Staff have reviewed the existing fees and rates and have compared our rates to neighbouring
municipalities to assist us in setting our fees(Attachment No. 1).
Staff are recommending an increase in the adult ball fees and the light fees for both youth
and adult.
L
A new fee is being recommended for park events such as special events, picnics etc. At -
present we have never charged a fee for any special events including weddings, photos,
picnics, family reunions etc. As there are costs involved in providing the service, whether it
is garbage pickup, additional staff etc., Public Works is suggesting a new permit fee of
$10.00 per hour and$25.00 per hour for non-residents. y
2.5 Sportsfield Permit Guide
Staff have updated the Sportsfield Permit Information Guide which can be foun
d in the
Councillors' Library. The purpose of the guide is to assist the public in understanding their
responsibilities and our standard operating procedures.p g p . Each permit applicant will be given
the guide and will acknowledge the approved terms and conditions. Also included in the f
guide are the alcohol management procedures which outline how we will deal with illegal
use of alcohol in our municipal parks.
2.6 Vandalism In Our Parks
Staff have been concerned about the increase of incidents of vandalism in our parks system.
Staff will continue to monitor the problem and will enlist the help of the Regional Police,
residents,schools etc. to address overall safety and to promote crime prevention.
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656
REPORT NO.: WD-10-01 PAGE 3
Respectfully submitted, Reviewed by,
Stephen A. Vokes,P. Eng., ranklin Wu,
Director of Public Works Chief Administrative Officer
FH*SAV*ce
27/02/01
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Public Works Department
Rental rates charged for the use of all Municipal Outdoor Facilities:
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Schedule 1 2000 Rates Proposed 2001 Rates
Adults $ 9.00/hr. $10.00/hr.
Adults - Non-Residents $15.00/hr. $20.00/hr.
Tournaments $ 9.00/hr. + $60.00/day $150.00/day/diamond
Tournaments - Non-Residents $15.00/hr. + $90.00/day $200.00/day/diamond -
Youth $ 4.00/hr. $4.00/hr.
Youth Tournaments $ 4.00/hr. + $60.00/day $100.00/day/diamond
Adult- Light Fee $15.00/hr. $20.00/hr.
Youth - Light Fee $15.00/hr. $20.00/hr.
3 f.:
Orono Park:Picnid.Bookings
Schedule 2
Cars $ 5.50 $ 6.00
Motorcycles $ 4.50 $ 5.00
Buses $33.00
$35.00;Weddings/Special:Occasions
Schedule 3 - New
Park Permit - Weddings etc. N/A $10.00/hr.
Park Permit - Weddings etc. N/A $20.00/hr.
Non Resident
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658
ATTACHMENT NO.: 1
REPORT NO.: WD-10-0'_
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITWiE#
Date: MARCH 5, 2001 Res. #
Report#: By-law#
FD-03-01 10.12.6
Subject:
UNIFORM SHOULDER FLASH
RECOMMENDATIONS:
a
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
i
l.) THAT Report FD-03-01 be received; and
2.) THAT Council approves the proposed shoulder flash for emergency
services personnel.
I
BACKGROUND
With the restructuring of the various Municipal departments, which Council approved,
the fire department's title was changed. The department is now referred to as Clarington
Emergency Services.
As a result, and given the existing uniform shoulder flash has been in place since 1974, it
was suggested a review of the present flash was necessary.
In an attempt to have everyone involved in the new design, a committee was formed and
a memo circulated to full and part-time staff inviting suggestions and proposals.
Several designs were proposed and after a review and the process of elimination, the
proposed uniform flash was presented.
The proposed flash retains the contents of the Municipality's shield inside the Maltese
Cross, which is the traditional symbol for the fire service.
With the approval of Council, the new flash will be ordered and should start to appear on
4 the 2001 uniform issue.
Continued......
701
1
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FD-03-01 _ 2_
RECOMMENDATIONS
It is respectfully recommended:
THAT Council approves the proposed shoulder flash for emergency services personnel.
Respectfully recommended, Reviewed by,
Michael G. Creighto , AMCT, CMM11 Franklin Wu,
Fire Chief. Chief Administrative Officer.
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702
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
File #
Date: Monday, March 5,2001
Res. # �.
Report #: CD-10-01
ANIMAL SERVICES MONTHLY REPORT By-law #
Subject: FOR MONTH OF JANUARY,2001
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Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CD-10-01 be received for information; and
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2. THAT a copy of Report CD-10-01 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
1. BACKGROUND
1.1 For the information of Council, the table attached to Report CD-10-01
summarizes the activities and revenues pertaining to Animal Services for the
month of January,2001.
;hicipa ectful bmitted, Reviewed by,
r6e
Patti arri , A.M.C.T.
Franklin Wu,M.C.I.P., R.P.P.,
j lerk Chief Administrative Officer
MPKS*PLB*dm
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i Animal Alliance of Canada Animal Advisory Committee
221 Broadview Avenue -
Suite 101
Toronto, Ontario -
M4M 2G3
801
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CLERKS DEPARTMENT ATTACHMENTNO. 1
ANIMAL SERVICES DIVISION TO REPORT NO. CD-10-01
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ANIMAL SERVICES MONTHLY REPORT
JANUARY 2001
FEAACTIVITIES
-� THIS MONTH YR.TO DATE 2001 YR.TO DATE 2000
PICKED UP-WILDLIFE 2 j
2 11_E
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 21 12 21 12 13 9
BROUGHT IN 7 24 7 I -
24 11 21
RETRIEVED BY OWNERS 14 0 14 0 13 p
SOLD TO RESIDENTS
10 28 10 28 10 27
d
SOLD TO RESEARCH 0 0 0 0 p f�
0
EUTHANISED 1 1 1 1 0 p
DEAD ON ARRIVAL 3 7 3 7 1 3 -
3
QUARANTINE 2 2 2 2 0 0
.... .... ----------------
WRITTEN WARNINGS 16 16 7
P.O.A. TICKETS 0 l
0 p
CONVICTIONS 7 7 5
CALL-OUTS AFTER HOURS
4 4 1
OVER TIME HOURS 12 12 3
B. REVENUES
DOGS& CATS RELEASED 90.00 30.00 90.00 30.00 45.00 30.00
LICENSES 2742.00 352.00 2742.00 352.00 3762.00 608.00
SOLD TO RESEARCH 0 0 0 0
SOLD TO RESIDENTS 600.00 945.00 600.00 945.00 814.75 836.80
DOGS REDEEMED_ 644.00 0 644.00 0 340.00 p
SUB TOTAL f
4076.00 1327.00 4076.00 1327.00 4961.75 1474.80
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TRAP REVENUE 33.00 33.00 p -
TOTAL REVENUE 5436.00 5436.00 6436.55
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EUTHANISED 1 DOG FOLLOWING QUARANTINE
1CAT BADLY INJURED -
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8 .02
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
Date: March 5, 2001 File
Report#: TR-10-01 File#: Res.#:
Subject: By-Law#:_
MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES FOR 2000
Recommendations:
It is respectfully recommended the General Purpose and Administration Committee
recommend to Council the following:
1 THAT Report TR-1 0-0 1 be received for information.
Background and Comment:
Appended hereto, please find schedules detailing the compensation paid to each Member of
Council during 2000 as required by the Municipal Act, R.S.O. 1990, M.45, Section 243.
As per Resolution #GPA-455-95, passed by Council on July 17, 1995, attached is the
Regional Municipality of Durham Report#2001-F-19 detailing the remuneration and
expenses of the Members of Council and Regional Council appointees to local boards.
Respectf ubmitted,
espectf Reviewed by:
M
arie A. Marano, H.BSc.,AMCT, Franklin Wu, P.,R.P.P.,
Treasurer.
Chief Administrative Officer.
MM/NT/RB/hjI
Attachment
901
SCHEDULE "A"
MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES
January 1 to November 30, 2000
Name Basic Pay Expense Gross Pay Kilometres Conferences Other Total
Allowance (Note 1) (Note 2)
Mayor D. Hamre 30,555.55 15,277.78 45,833.33 4,850.98 - - 50,684.31
Councillor J. Mutton 9,709.92 4,854.96 14,564.88 1,684.15 375.00 - 16,624.03
Councillor M. Novak 12,222.22 6,111.11 18,333.33 1,542.09 - - 19,875.42
Councillor J. Rowe 12,222.22 6,111.11 18,333.33 2,018.35 958.00 63.60 21,373.28
Councillor J. Schell 9,709.92 4,854.96 14,564.88 1,542.09 - - 16,106.97
Councillor C. Trim 9,709.92 4,854.96 14,564.88 1,542.09 375.00 - 16,481.97
Councillor T. Young 12,222.22 6,111.11 18,333.33 1,542.09 50.00 19,925.42
Total 96,351.97 1 48,175.99 144,527.96 14,721.84 1,758.001 63.60 1 161,071.40
' Notes:
• Conferences Include payment made by the Municipality for registration fee
and/or accommodation, as well as direct reimbursement of expenses.
• Other Includes parking, meals and miscellaneous charges.
Expenses exclude G.S.T.
_1 T ou EE.i �Iil ii
MR FLIJ!111 13
SCHEDULE "B"
MAYOR & COUNCILLOR'S REMUNERATION & EXPENSES
December 1, 2000 to December 31, 2000
Name Basic Pay Expense Gross Pay Kilometres Conferences Other Total
Allowance I (Note 1) (Note 2
Mayor J. Mutton 2,777.78 1,388.89 4,166.67 458.32 - - 4,624.99
Councillor D. MacArthur 1,111.11 555.56 1,666.67 140.19 - - 1,806.86
Councillor M. Pin le 1,111.11 555.56 1,666.67 140.19 - - 1,806.86
Councillor G. Robinson 1,111.11 555.56 1,666.67 140.19 - - 1,806.86
Councillor J. Rowe 1,111.11 555.56 1,666.67 140.19 - - 1,806.86
Councillor J. Schell 1,111.11 555.56 1,666.67 140.19 - - 1,806.86
Councillor C. Trim 1,111.11 555.56 1,666.67 192.53 - - 1,859.20
Total 9,444.44 4,722.25 14,166.691 1,351.80 - - 15,518.49
r Notes:
• Conferences Include payment made by the Municipality for registration fee
and/or accommodation, as well as direct reimbursement of expenses.
�+ • Other Includes parking, meals and miscellaneous charges.
• Expenses exclude G.S.T.
February 21, 2001
T0: The Finance and Administration Committee r`'a
FROM: R.J. Clapp, Commissioner of Finance _
RE: REPORT#2001-F- 19 i
THE REMUNERATION AND EXPENSES IN 2000 OF MEMBERS OF
REGIONAL COUNCIL AND REGIONAL COUNCIL APPOINTEES TO --
LOCAL BOARDS, AS REQUIRED BY SECTION 247(1) OF THE
MUNICIPAL ACT, R.S.O. (1990)"
RECOMMENDATION:
The Finance and Administration Committee recommend that this report be submitted to
Regional Council for information.
REPORT: _.
As required by Section 247 (1) of the Municipal Act, R.S.O. (1990), I have prepared a
statement of the remuneration and expenses that were paid in 2000 to Regional
Councillors and Regional Council Appointees. (See attached Schedules 1 and 2
respectively). -
The information concerning Regional Council appointees was obtained directly from the _
Local Boards, with the exception of the Durham Region Police Services Board, 9-1-1
Management Board and the Land Division Committee, whose accounting records are
maintained by the Regional Finance Department. j
R.J. Clapp, CA
Commissioner of Finance
RJC:dlk
Attach.
dIk12001report;lremun00
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904122
SCHEDULE 1
REGIONAL COUNCIL MEMBERS
2000 REMUNERATION AND EXPENSES
CONFERENCES,
REGIONAL REGIONAL COUNCIL CONVENTIONS
MEMBERS REMUNERATION SEVERANCE PAY MILEAGE &MEETINGS
TOTAL
Aker,C. 23,649.75 . a 649
Arthurs,W. (5) 24,149.75 C.23, 75
N ' Boychyn, R. 561.33 - -2$ 11.08 ...
23,649.75 117.28
u'y ; •, Brenner,M. 23,649.75 - 56.48 ;,23,823.51
910.77
_ 728.92
Brunelle,M. .. . 23,649.75 _ .. `;-25,289.44
® Carruthers, K. (2) 1,982.92 _
777.61 24,4271 36
Clarke,C. 23,649.75 _ - 1,982.92
_3 Clayton,T. (2) 1,982.92 _ 1,142.25 24,792.00
Crawford, S. 23,649.75 1,982.92
Diamond,N. 23,649.75 _ _ 23,649.75
_
Dickerson,D. (1) 21,666.83 _ 565.54 24,215.29
Drumm,J. 23,849.75
571.80 3,371.92 25,610.55
..' _ _
Emm,G. 23,649.75 _ - 23,649.75
{ ) 21,666.83
Gadsden, K. 1 867.- 1,200.858.20 18 24,849,93
08
Gray,J. 23,649.75 _ 23,392.11
_
Hamre, D. (1) 21,666.83 23,649.75
Harrell,I. 1 - 491.66 1,038.45 23,196.94
( ) 21,666.83 23,795.00
Holland,M. (2) 1,982.92 _ 45,461.83
Johnson,R. (3) 29,649.75 1,982,92
1,555.55 4,794.17 35;999.47
,
McMaster,J. (5) 24,149.75 309.16 1209.07
Moffatt,D. 23,649.75 _ 25,667,98
1,075.16 283.25 25,008.16
Mutton,J. 23,649.75 1,135.29 _
Neal,J. (2) 1,982,92 _ 24,785.04
Nicholson, B. (1)(4) 27,166.83 29,795.00 138.61 873.12 57,973. 56
Novak,M. (1) 21,666.83 _ 466.75
O'Connor,G. 23,649.75 _ 22,133.58
670.35 2,411,25 26,731.35
O'Connor,L. (3)- 29,649.75 - 2,281.99 778,90
Para,S. 23,649.75 32,710.64
Parish,S. (4) 29,149.75 827.37 1,153.75 25,630.87
Perkins,P. 23,649.75 _ 96.26 29,246.01
Pidwerbecki,N. 23,649,75 _ _ 23,649.75
Schell,J. (2) 1,982.92 _ 370.80 24,020.55
Shier, K. (1) 21,666 83 - 1,982.92
Trim,C. (2) 1,982.92 _ 2,779.73 24,446.56
Young,W. (2) 1,982.92 _ 1,982.92
1,982,92
686 53 =11 980.15 24,489 85 776,253.00
905
123
SCHEDULE1
(continued
REGIONAL COUNCIL MEMBERS
2000 REMUNERATION AND EXPENSES
1999 EXPENSES
PAID IN 2000
REGIONAL COUNCIL CONFERENCES,
CONVENTIONS,
MEMBERS REMUNERATION SEVERANCE PAY MILEAGE 8 MEETINGS TQTAL r�,..
Johnson, R. -
Novak, M. - 691.64 - ,.�'S691.64
181.21
Shier,K. - 'Y}181.21
1,804.91 _
•'" 1,804.91
2,677.76 _
2,677.76
CONFERENCES,
REGIONAL CHAIR AUTOMOTIVE CONVENTIONS,
REMUNERATION SEVERANCE PAY EXPENSES $MEETINGS TOTAL
$ $ $ $ $
Anderson, R. 87,711.00
'� 3• 29,351.13 120,976.07
UKRAINE TRIP
REGIONAL COUNCIL
MEMBERS AND CONFERENCES,
CONVENTIONS,
REGIONAL CHAIR REMUNERATION SEVERANCE PAY MILEAGE 8 MEETINGS TOTAL {
$ $ $ $ $
i
Anderson,R _ _
Boychyn, R. _ 5,054.92 5,054.92
Novak, M. _ - 4,135.75 4,135.75
3,139.91 3,139.91 w
12�330_58� 12,330.58
NOTES TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL MEMBERS AND THE REGIONAL CHAIR:
(1) Denotes Regional Councillor for the period January 2000 to November 2000.
(2) Denotes Regional Councillor for December 2000.
(3) Denotes Regional Committee Chairperson for the period January 2000 to November 2000 and for December 2000. I
(4) Denotes Regional Committee Chairperson for the period January 2000 to November 2000.
(5) Denotes Regional Committee Chairperson for December 2000.
(6) Remuneration to the Regional Chair and Councillors is authorized by by-law #60-98,#172-2000,and#50-95. �
(7) The Regional Chair is provided with an automobile and is reimbursed for actual expenses incurred.
(8) Regional Councillors are reimbursed as follows:
Mileage-based on a rate per kilometre.
Conferences, Meetings,etc.-a rate of$50/day for meals,etc.without receipts;however, if the daily rate
`c is insufficient,actual expenses with receipts are reimbursed.
Accommodation, registration,etc.-reimbursed based on actual receipts.
(9) Expenses relating to Regional Council Study Sessions are not included in this statement.
}
1�
c�
SCHEDULE 2
t; REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS
.1~
2000 REMUNERATION AND EXPENSES
1f - REGIONAL COUNCIL CONFERENCES,
APPOINTEES REMUNERATION MILEAGE C&MEETINGS TOTAL
Central Lake Ontario
Conservation Authority
Boychyn,R. 500.00
Crawford,S. 450.00 - - 500.00 t
_ Drumm,J. 91.80 541.80
450.00 54.00 :.
Emm,G. 500.00 504.00
Gray,J. 120.00 _ 620.00
Hamre,D. 600.00 _ 600.00
Harrell,1. 350.00 159.60 - 509.60
Johnson, R. 350.00 - - 350.00
3,150.00 248.10 3,398.10
Moffat, 550.00 277.20
Nicholson,, B. 350.00 827.20
Northeast, B. _ - 350.00
Novak,M. 300.00 180.00 _ 480.Q0
Perkins,P. 400.00 60.00 460.00
550.00 92.40 - 642.40
Ganaraska Region
Conservation Authority
Mutton,J. 280.00 45.00
Trim C. 320.00 192.00 325.00
_
512.00
Kawartha Region E
Conservation Authority
Bacon, K. 150.00 74.40
Gadsden, K. 510.00 224.40
Gray,H. 30.00 464.64 974.64
Young,T. 30.00 30.00
21.12 - 51.12
Lake Simcoe Region
Conservation Authority
Bacon,K. 678.70
Lodwick,H. 80210 414.60 195.60 - 873.70
Para,S. . - 1,216.70
802.10 226.80 - 1,028.90
907
125
SCHEDULE 2
REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS (continued)
2000 REMUNERATION AND EXPENSES
REGIONAL COUNCIL CONFERENCES,
CONVENTIONS,
APPOINTEES REMUNERATION MILEAGE &MEETINGS TOTAL
Toronto&Region
Conservation Authority
Dickerson,D. 715.00
McMaster,J. 355.00 - 1,070.00 -
O'Connor, G. 1'580.00 785.00 2,345.00 r
910.00 728.00 - 1,638.00
a Durham Haliburton
Kawartha&Pine Ridge
District Health Council
Novak, M.
- 255.50 - 255.50
Durham Region Non-Profit
Housing Corporation
Anderson, R
Brenner, M. - -
Hamre, D. 79.81 704.44 -
Johnson, R. 5,500.00 - - 5,500.00
Nicholson,B. - 90.60 670.05 760.65
O'Connor, L. - 129.20 1,262.04 1,391.24
Parish, S.
Land Division Committee
Collins,J. 1,000.00
Evans, L. 358.10 39.93 1,398.03
1
Fisher, L. ,200.00 570.00 79.98 1,849.98
1,400.00 398.43
Graham, H. 1,200.00 519.09 1,798.43
Hedge, M. 73.34 1,792.43
1,600.00 285.89
Kudla,W. 2,035.00 80.01 1,965.90
Martin, R. 120000 403.59 47.08 2,485.67
, .
Sullivan, D. 400.69 18.07 1,618.76
1,690.00 238.26 - 1,928.26
338 .46
1
Durham Region Police
Services Board
Ashe,K. 7,000.0 "'? \
Boychyn, R. - 7,664.64 0 14,664.64
Moffat, D. 6,000.00 62.84 1,957.34 8,020.18
O'Connor, G. 500.00 - - 500.00 �-
5.500A0 - 1,502.88 7,002.88
NOTE TO SCHEDULE OF REMUNERATION TO REGIONAL COUNCIL APPOINTEES TO LOCAL BOARDS `` '
No remuneration or expenses were paid to Regional Council appointees to the Durham Children's Aid Society,
9-1-1 Management Board, Durham Regional Housing Atithority,or the hospital boards.
qn8
j.. 126
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
Date: March 5, 2001 File
Report#: TR-11-01 File Res.#:
Subject: PUBLIC SECTOR SALARY DISCLOSURE ACT By-Law#:_
9ffi
Recommendations:
It is respectfully recommended the General Purpose and Administration Committee
recommend to Council the following:
1 THAT Report TR-1 1-01 be received for information.
Background and Comments:
1.0 On January 29, 1996, the Ontario Legislature passed the Public Sector Salary
Disclosure Act. This Act requires the Municipality to disclose annually the names,
positions,-salaries and taxable benefits of employees paid $100,000 or more a year.
1.1 In 2000, employees paid a salary, as defined in the Public Sector Salary Disclosure
Act, 1996, Of$100,000 or more by the Municipality of Clarington were as follows:
Name Position Salary Paid Adjustment to -Taxable
Prior Year Salary Benefits
Franklin'Wu Chief Administrative $11 !,246.05
Officer $804.92
,-Marie Marano Treasurer $ 98,930.47 $5,787.00
$718.16
1.2 It is important to note that the basic pay is the gross salary before statutory
deductions for tax, C.P.P., El, etc.
1.3 The Municipality is required to submit this information to the Ministry of Municipal
Affairs and Housing and to include the information in the Municipality's annual
financial statements.
909
Report TR-1-1-01
1.4 The Ministry nf Finance will prepare, for public [8|8aS8 on April 1m. 8 oODlpeDdiUDl Of |
r8CoR1S of all employees in the Province whose a8|a[i8S are disclosed.
R
~~p^^" Reviewed by:
i
BSc.,-CT, Franklin Wu, mv �� / r nr r i
Treasurer. � � � ` � � `
Chief Administrative Officer. ~ '
M .'.o|
� ...^.
_
!
/
| E�
_
�
` .
/
i
i
-
&�� � �
� V
DN: TR1201
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: March 5, 2001 Res. #
Report#: TRA 2-01 FILE By-law
Subject: CL 2001-2, ONE (1) ONLY CAB AND CHASSIS, 60,000 G.V.W.
TANDEM DIESEL DUMP TRUCK C1W PLOW EQUIPMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-1 2-01 be received;
2. THAT Sheehan's Truck Centre, Burlington, Ontario, with a total bid in the amount of
$151,947.20 (including taxes), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL 2001-2, be awarded the contract
to supply one (1) only Cab and Chassis, 60,000 G.V.W. Tandem Diesel Dump Truck
c/w plow equipment, as required by the Municipality of Clarington, Department of
Public Works; and
3. THAT the funds be provided from the 2001 Public Works Equipment Reserve
Account# 2900-00010-0000.
BACKGROUND AND COMMENT
Subsequent to Council approval of Report TR-78-00 requesting early budget approval,
tenders were publicly advertised and invited for the supply and delivery of one (1) only
Cab and Chassis, 60,000 G.V.W. Tandem Diesel Dump Truck with plow equipment, as
required by the Department of Public Works.
Tenders were received and tabulated as per Schedule "A" attached.
After further review and analysis of the tender by Public Works and Purchasing, it was
mutually agreed that Sheehan's Truck Centre, Burlington, Ontario, be recommended for
the contract to supply and deliver one (1) only Cab and Chassis, 60,000 G.V.W.
Tandem Diesel Dump Truck with plow equipment, to the Municipality of Clarington, as
required by the Department of Public Works.
911
REPORT NO.: TR-12-01 PACE 2
It is staff's opinion that the trade in offered exceeds that which would be realized at the
Regional Auction Sale and it is therefore recommended that it be accepted.
I
The required funds, in the amount of$151,947.20 are provided for in the 2001 Public
i
Works Equipment Reserve Account# 2900-00010-0000. As reflected on page 149 of
the 2001 Draft Capital Budget, $150,000.00 was allocated for this purchase, however
with the GST rebate, the funds required will be approximately $146, 268.00.
The Treasurer has reviewed the funding requirements and concurs with the
recommendations. Queries with respect to department needs, specifications, etc.
should be referred to the Director of Public Works.
i
I
The subject firm has previously provided satisfactory service for the Municipality of
Clarington.
r
Respectfully submitted, Reviewed by,
f
rie M rano, Sc., AMCT., -
Franklin Wu, M.C.I.P.,R.P.P.,
Treasurer Chief Administrative Officer
i
4
Stephen A. Vokes, P. Eng.
Director of Public Works
MM*LAB-'km
912
SCHEDULE "A"
BID SUMMARY
TENDER CL2001-2
ONE (1) 60,000 GVW TANDEM DIESEL DUMP TRUCK
CIW PLOW EQUIPMENT
Bidder
Trade-In Total Bid Amount
Sheehan's Truck Centre (Taxes and Trade Included)
20,000.00 $151,_V41.20
Burlington, ON
ms ow- ero omy motors
Peterborough, ON
Vol ruc s o oronto
Pickering, ON
f
r-
913
DN: TR1301
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: March 5, 2001 Res. #
Report #: TR-1 3-01 FILE By-law#
Subject: CL 2001-3, TWO (2) ONLY CAB AND CHASSIS, 39,000 G.V.W.
SINGLE AXLE CIW PLOW EQUIPMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-1 3-01 be received;
j7=
2. THAT Winslow-Gerolamy, Peterborough, Ontario, with a total bid in the amount of
$159,319.85 (including taxes), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL 2001-3, be awarded the contract
to supply one (1) only Cab and Chassis, 39,000 G.V.W. Single Axle c/w Plow
Equipment, as required by the Municipality of Clarington, Department of Public
Works; and
3. THAT the funds be provided from the 2001 Public Works Equipment Reserve
Account# 2900-00010-0000.
BACKGROUND AND COMMENT
Subsequent to Council approval of Report TR-78-00 requesting early budget approval,
tenders were publicly advertised and invited for the supply and delivery of one (1) only
39,000 G.V.W., Single Axle c/w Plow Equipment, as required by the Department of
Public Works.
Tenders were received and tabulated as per Schedule "A" attached.
After further review and analysis of the tender by Public Works and Purchasing, it was
mutually agreed that Winslow-Gerolamy, Peterborough, Ontario, be recommended for
the contract to supply and deliver one (1) only Cab and Chassis, 39,000 G.V.W. Single
Axle, c/w Plow Equipment, to the Municipality of Clarington, as required by the
Department of Public Works.
914
REPORT NO.: TR-13-01 PAGE 2
The required funds, in the amount of $159,319.85, are provided for in the 2001 Public
Works Equipment Reserve Account # 2900-00010-0000. As reflected on page 150 of
the 2001, Draft Capital Budget, $150,000.00 was allocated for this purchase, however,
with the GST rebate, the funds required will be approximately $153,779.00. There will
t
be sufficient funds, remaining from the other 2001 Equipment purchases to cover the —
additional $3,779.00.
The Treasurer has reviewed the funding requirements and concurs with the
recommendations. Queries with respect to department needs, specifications, etc.,
should be referred to the Director of Public Works.
The subject firm has previously provided satisfactory service for the Municipality of
Clarington.
i
Respectfully submitted, Reviewed by,
arie Ma n`o, H. Sc., AMCT.,
Franklin Wu, M.C.I.P.,R.P.P.,
Treasurer Chief Administrative Officer L
f
t
i
Stephen A. Vokes, P. Eng.
Director of Public Works
t
MM*LAB*km _
f
�
t
91 j
, i
SCHEDULE "A"
BID SUMMARY
TENDER CL2001-3
ONE (1) 39,000 GVW CAB & CHASSIS, SINGLE AXLE
C/W PLOW EQUIPMENT
Bidder Total Bid Amount
(Taxes Included)
:nt eroF77 159,319.85
Pugh,
ru 4,7 .45
B , ON or
L
r- T , N ,55 .45
E
r
916
DN: TR-14-01
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #
Date: March 5, 2001 Res. #
Report #: TR-14-01 FILE #: By-law#
Subject: LEASE AGREEMENT, BETHESDA HOUSE OF MERCY
160 PORT DARLINGTON ROAD, BOWMANVILLE, ON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-14-01 be received;
2. THAT the attached by-law Schedule "A" be forwarded to Council for approval
authorizing the Mayor and the Clerk to execute a lease agreement with Bethesda
House of Mercy.
BACKGROUND AND COMMENT
Bethesda House of Mercy currently leases the premises at 150 Port Darlington Road,
Bowmanville at a monthly rate of$200.00 plus G.S.T.
A new lease agreement is proposed commencing January 1, 2001 and expiring
December 31, 2001. No increase in the monthly rental amount is proposed at this time.
As the current lease expired December 31, 2000, staff respectfully recommend, that the
proposed rental agreement be accepted, effective January 1, 2001. A copy of the lease
is attached marked Schedule "B".
Respectfully submitted, Reviewed by,
OiM rie rano, BSc., AMCT.
reasurer Franklin Wu, m.C.I.P.,R.P.R,
Chief Administrative Officer
MM*LAB*km
917
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001®
Being a By-law to authorize the execution of an offer to Lease
Agreement between the Corporation of the Municipality of
Clarington and the Bethesda House of Mercy, in respect of a r
lease for the premises situated at 150 Port Darlington,
Bowmanville, Ontario.
i
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, an offer to
Lease Agreement between the Bethesda House of Mercy, and said Corporation;
and
2. THAT this agreement attached hereto as Schedule "B" form part of this By-law.
i
By-law read a first and second time this day of March, 2001.
i
By-law read a third time and finally passed this day of March, 2001.. -
Mayor
I
Clerk
i
918
.x:lleuu�e n
THIS LEASE dated as of the_day of 2001, in pursuance of the
Short Forms of Leases Act
BETWEEN:
The Corporation of the Municipality of Clarington
(hereinafter called the"Landlord")
-and-
Bethesda House of Mercy
(hereinafter called the"Tenant")
WHEREAS the Landlord has agreed to lease to the Tenant and the Tenant has agreed to
e lease from the Landlord the designated space located in the building known as the
Harbourmaster's House, 150 Port Darlington Road, Bowmanville, Municipality of
Clarington, Regional Municipality of Durham(the"Premises").
NOW THEREFORE THIS LEASE WITNESSES that in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Landlord and the Tenant,the Landlord leases to the Tenant, and the Tenant leases from
the Landlord,the Premises on the following terms and conditions:
1. Term
(a) The Tenant shall have and hold as tenant for a period of one(1)year commencing
January 1,2001 and ending December 31,2001 (hereinafter called the"Term").
(b) Negotiations for extension or new lease E
At least two (2) months prior to the termination of the Term, either the Landlord or
the Tenant may give the other written notice that the party giving the notice wishes
to negotiate an extension of the Term of this lease. During the negotiations, if an
the Landlord and the Tenant will act in good faith to attempt to settle the terms and
conditions of an extension agreement or the making of a new lease, as the case
may be.
2. Use
The Tenant shall continuously occupy the Premises throughout the Term, subject to and
in accordance with the provisions of this Lease, solely for uses permitted by law and for
no other use or purpose.
The Tenant shall not commit or suffer or permit to be committed (i) any waste or damage,
disfiguration or injury to the Premises or the improvements, installations, fixtures and
equipment thereon and(ii)any nuisance in,at or on the Premises.
The Tenant shall not do or permit anything to be done that results in the cancellation or
threatened cancellation or the reduction of coverage under or threatened reduction of
coverage under any insurance policy on the Premises or any part of it.
F
919 DN:"51DATAMn-EASELS-BETH
Schedule"B"
-2-
3. Basic Rent
During the Term, the Tenant shall pay to the Landlord annual minimum rent ("Basic '
Rent") in an amount equal to (i) Two Hundred Dollars ($200.00), plus G.S.T., per month
and to provide post dated cheques for the term of the agreement.
Basic Rent shall be payable in monthly instalments, each payable on the first day of each
month, provided that should the Term commence or terminate on a date other than the
first day of a month, the Tenant shall pay to the Landlord for that month a pro rata portion j
of said monthly payment.
Basic Rent shall be considered as accruing from day to day and where it becomes
necessary for any reason to calculate rent for an irregular period of less than one year or
less than one calendar month, an appropriate apportionment and adjustment shall be
made.
4. Lessor's Responsibilities
The Lessor acknowledges covenants and agrees to:
i) maintain annually and when required,the oil furnace;
i
ii) to provide all utilities to the designated area, including hot and cold water, gas,
electricity and sewer charges; and
iii) costs of any repairs to the structural envelope/physical plant of the building. j
5. Tenant's Responsibilities
l
i) to pay for all operating expenses including, but not limited to, heat, hydro, water, E
waste removal,grass cutting, snow removal, etc.
ii) music noise and related activities must be kept to reasonable levels in respect of
the quiet of the community; and
iii) all parties will respect all municipal and provincial legislation, and in particular By-
law#91-20.
r
I
r
E
- I-
i
920
Wk WPbi ATAHLEASUS-BETH
Schedule"t
-3-
6. Repairs and Maintenance
The Tenant, at its own expense, shall maintain and keep the Premises and every part
thereof, in good working order and condition and promptly make all needed maintenance,
repairs and replacements as would a prudent owner of similar premises(reasonable wear
and tear and damage by fire, lightning and tempest and structural defects only excepted).
The Tenant shall keep the Premises clean and in such condition as a prudent owner
would do. If structural repairs or replacements to the roof, foundation or load bearing
walls or the heating equipment of the Premises are required during the Term, then the
Landlord shall be obligated, at its expense, to effect such repairs or replacements. The
Tenant covenants with the Landlord to leave the Premises in as good repair as the
Premises were at the commencement of the Term.
7. Alterations
(a) If the Tenant, during the Terms of this Lease or any renewal of it, desires to make
! any alterations or additions to the Premises, including but not limited to: erecting
partitions, attaching equipment, and installing necessary furnishings or additional
equipment of the Tenant's business, the Tenant may do so at his own expense, at
any time and from time to time,if the following conditions are met:
(I) before undertaking any alteration or addition that the Tenant may require,
the Tenant shall submit to the Landlord a plan showing the proposed
alterations or additions and the Tenant shall not proceed to make any
alteration or addition unless the Landlord has approved the plan, and the
Landlord shall not unreasonably or arbitrarily withhold its approval and
items included in the plan;and
(ii) any and all alterations or additions to the Premises made by the Tenant
must comply with all applicable building code standards and by-laws of the
municipality in which the Premises are located.
(b) The Tenant shall be responsible for and pay the cost of any of their alterations,
additions, installations or improvements that any governing authority, municipal,
provincial or otherwise,may require to be made in,on or to the Premises.
(c) No sign, advertisement or notice shall be inscribed, painted or affixed by the
Tenant, or any other person on the Tenant's behalf, on any part of the inside or
outside of the building in which the Premises are located unless the sign,
advertisement or notice has been approved in every respect by the Landlord.
(d) All alterations and additions to the Premises made by or on behalf of the Tenant,
other than the Tenant's Trade Fixtures, shall immediately become the property of
the Landlord without compensation to the Tenant.
(e) The Tenant agrees, at his own expense and by whatever means may be
necessary, immediately to obtain the release or discharge of any encumbrance
that may be registered against the Landlord's property in connection with any
additions or alterations to the Premises made by the Tenant or in connection with
any other activity of the Tenant.
I
921
&VOWWUME&S-BETH
Schedule ;
-4-
8. Insurance and Indemnification
(a) The Tenant covenants to keep the Landlord indemnified against all claims and
demands whatsoever by any person, whether in respect of damage to person or
property, arising out of or occasioned by the maintenance, use or occupancy of the
Premises or the subletting or assignment of same or any part thereof. And the
Tenant further covenants to indemnify the Landlord with respect to any
encumbrance on or damage to the Premises occasioned by or arising from the act,
default, or negligence of the Tenant, its officers, agents, servants, employees,
contractors, customers, invitees or licensees and the Tenant agrees that the
foregoing indemnity shall survive the termination of this Lease notwithstanding any
provisions of this Lease to the contrary.
(b) The Tenant shall carry:
(i) insurance in his own name to provide coverage with respect to the risk of
business interruotion to an extend sufficient to allow the Tenant to meet his _
ongoing obligations to the Landlord and to protect the Tenant against loss `
of revenues:
(ii) insurance in his own name insuring against the risk of damage to the
Tenant's property within the Premises caused by fire or other perils and the
policy shall provide for coverage on a replacement cost basis to protect the
' Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and
improvement; and
i
(iii) public liability and property damage insurance in the amount of Two Million
Dollars ($2,000,000.00) in which policy the Landlord shall be a named _
insured and the policy shall include a cross-liability endorsement;
and the Tenant shall provide the Landlord with a copy of the policy certified by the
insurer.
i
9. Damaqe and Destruction
If the Premises are destroyed or damaged by fire, lightning, tempest or other casual _
then and in every such event if, the damage or destruction of such Building renders the
f
whole or any substantial part of the said Building unfit for occupancy or impossible or
unsafe for use and occupancy or impossible for the Tenant to continue to carry on its
business, either the Landlord or the Tenant may at its option, terminate this Lease by
giving to the other notice in writing of such termination, in which event, this Lease and the
Term shall cease and be at an end as of the date of such destruction or damage, and the
rent and all other payments for which the Tenant is liable under the terms of this Lease
shall be apportioned and paid in full to the date of such destruction or damage;
I
i
10. Quiet Enjoyment
I
The Landlord covenants with the Tenant for quiet enjoyment.
i
922
OW TA%UASE/LS-BETH
Schedule"!
-5-
11. Government Requirements
The Tenant shall, at its sole cost and expense,during the Term:
(a) observe and comply with all applicable governmental laws and regulations
including, without limitation, federal and provincial legislative enactments, Building
by-laws and other governmental or municipal regulations which relate to the
Premises or the partitioning, equipment, operation and use thereof and to the
making of any repairs, replacements, alterations, additions, changes, substitutions
or improvements of or to the Premises. The Tenant shall comply with all police,
fire and sanitary regulations imposed by any federal, provincial or municipal
authorities, or made by insurance underwriters and shall observe all governmental
and municipal regulations and other requirements governing the conduct of any
business conducted in the Premises;
(b) obtain all necessary permits, licenses and approvals relating to the use and
occupancy of the Premises and the conduct of business therein; and
I A
(c) carry out all modifications, alterations or changes to the Premises and the Tenant's
conduct of business in or use of the Premises which are required by any such
authorities.
The Tenant shall indemnify and hold the Landlord harmless against any penalty or
fine
imposed for any violation of any law, by-law or regulation by the Tenant or hose for
whom the Tenant is in law responsible.
12. Default
j
The following events ("Events of Default") shall be deemed a default (a "default") under
this Lease:
(a) If the Tenant fails to pay any instalment of Basic Rent promptly when due, no later
than five(5)days following the respective due date; F
(b) If the Tenant fails to observe or perform any other term, covenant, condition or
obligation under this Lease that is capable of remedy other than a default in the
payment of Basic Rent, and such default remains unremedied after thirty(30)days
following written notice from the Landlord to the Tenant specifying such default
and requiring the Tenant to remedy the default;
(c) If the Tenant fails to observe and perform any other term, covenant, conditions or
obligation under this Lease that is not capable of remedy other than a default in
the payment of Basic Rent, and the Tenant receives written notice from the
Landlord specifying such default;
(d) If the Tenant makes an assignment for the benefit of its creditors generally, or if
the Tenant is declared bankrupt or insolvent, or if a petition in bankruptcy is filed
against the Tenant, or if the Tenant files an assignment in bankruptcy or takes or
attempts to take the advantage of any legislation for relief of bankrupt or insolvent
debtors, or if a receiver or a receiver and manager is appointed for all or a portion
of the Tenant's property, or if any steps are taken or any action cr proceedings are
instituted by the Tenant or by any other party including,without limitation, any court I
or governmental body of competent jurisdiction for the dissolution, winding-up or
liquidation of the Tenant or its assets, unless such proceeding be set aside,
discharged or abandoned within fourteen (14) days. For the purposes of this
Subsection, 'Tenant"shall mean the Tenant and any person carrying on business
in or occupying the whole or any part of the Premises.
923
�::. Wyk MIP6101ATNWI.EASE/LS-eE7H
Schedule
-6-
13. Right of Re-Entry
Upon an Event of Default and at the opinion of the Landlord, the Landlord, in addition to
any other remedy or right it may have, and without notice or any form of legal process,
may forthwith re-enter upon and take possession of the Premises without thereby
terminating this Lease and remove and sell the Tenant's goods, chattels, equipment and
trade fixtures therefrom, any rule of law or equity to the contrary notwithstanding. The
Landlord may seize and sell such goods, chattels, equipment and trade fixtures of the
Tenant as are in the Premises and may apply the proceeds thereof to all rent and other E
payments to which the Landlord is then entitled under this Lease. Any such sale may be
effected in the discretion of the Landlord by public auction or otherwise, and either in bulk
or by individual item, or partly by one means and party by another, all as the Landlord in
its sole discretion may decide. If any of the Tenant's property is disposed of as provided j
in this Section, ten (10) days prior notice to the Tenant of disposition shall be deemed to
be commercially reasonable.
i
14. Right of Termination
In addition to all rights and remedies of the Landlord available to it by any provision of this
Lease or given by law to the Landlord, the Tenant agrees that upon an Event of Default
the Landlord shall have the right to terminate this Lease upon notice in writing to the
Tenant. Upon such notice, this Lease shall terminate immediately without the necessity
of any legal proceeding whatsoever. The Tenant shall thereupon within three (3) days
quit and surrender the Premises to the Landlord, or if not yet in possession, the Tenant
shall no longer have any right to possession of the Premises, and the Landlord, its agents
and servants, shall have the right to enter the Premises and dispossess the Tenant and
remove any persons or property therefrom without the necessity of legal proceeding
whatsoever and without being liable to the Tenant therefor in damages, or otherwise.
Either party shall have the right to cancel this Lease at any time during the term by giving
the other parry no less than three(3)month prior written notice of termination.
I
15. Right to Re-let etc.
If the Landlord re-enters pursuant to the provisions of either this Lease or any applicable _ E
law, the Landlord, without limiting its right to recover damages, may either terminate this
Lease under this section or it may from time to time without terminating the Tenant's
obligations under this Lease, make any alterations and repairs considered necessary by
the Landlord to facilitate a reletting, and relet the Premises or any part thereof as agent of
the Tenant for such term or terms and at such rental or rentals and upon such other terms
and conditions as the Landlord in its reasonable discretion considers advisable. Upon
each reletting, all rent and other moneys received by the Landlord from the reletting will f
be applied (i) to the payment of indebtedness other than rent due hereunder from the C
Tenant to the Landlord (ii)to the payment of costs and expenses of the reletting including 1
brokerage fees, legal fees and costs of the alterations and repairs and (iii)to the payment
of rent due and unpaid hereunder. The residue, if any, will be held by the Landlord and
applied in payment of future rent as it becomes due and payable. If the rent received
from the reletting during a month is less than the rent to be paid during that month by the
Tenant, the Tenant shall pay the deficiency to the Landlord. The deficiency shall be
calculated by the Landlord and paid monthly in advance on or before the first day of every
month by the Tenant. No re-entry by the Landlord shall be construed as an election on its
part to terminate this Lease unless a written notice of that intention is given to the Tenani.
Despite a reletting without termination, the Landlord may elect at any time to terminate
this Lease for a previous breach. —
r
F
924
M w?SIDATAMEASEILS•BETH
Schedule
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16. Damaqes
If the Landlord shall terminate this Lease as provided herein, the Tenant shall pay to the
Landlord on demand, rent hereunder up to the time of re-entry or termination, whichever
shall be the later.
17. Separate Remedies
The Landlord may from time to time resort to any or all of the rights and remedies
available to it upon an Event of Default,either by any provision of this Lease or by statute
or the general law,all of which rights and remedies are intended to be cumulative and not
alternative and may be exercised generally or in combination.
18. Waiver
(a) Notwithstanding anything contained in any statute now or hereafter in force limiting
or abrogating the right of distress, none of the goods, chattels or trade fixtures of
the Tenant on the Premises at any time during the Term shall be exempt from levy
tm by distress for rent in arrears, and if any claim is made for such exemption by the
Tenant or if a distress is made by the Landlord of if any action is brought to test the
EM right of the Landlord to levy upon any such goods as are so exempted,
may be pleaded as an estoppel against the Tenant, the Tenant hereby waiving
each and every benefit that could or might have accrued to the Tenant under and
by virtue of any such statute by for this Lease.
(b) Failure of the Landlord to insist upon the performance of any covenant or condition
of this Lease or to exercise any right or option contained in this Lease shall not be
construed as a waiver or relinquishment of any such covenant, conditions, right or
option or of any subseauent breach of the same. No variation or waiver of any
covenant or condition of this Lease shall be valid unless in writing and signed by
duly authorized persons on behalf of the Landlord.
19. Covenants
r
Every obligation of the Landlord or the Tenant expressed in this Lease, even though not
expressed as a covenant, shall be a covenant for all purposes. The Tenant
acknowledges that it shall have no right to any benefit of division or discussion.
20. Time of Essence
s
Time shall be of the essence in all respects hereunder.
21. Enforceability
If any term,covenant or condition of this Lease or the application thereof to any person or
circumstance is to any extent held or rendered invalid, unenforceable or illegal, the
remainder of this Lease or the application of such term, covenant or conditions to persons
or circumstances other than those with respect to which it is held invalid, unenforceable or
illegal is not affected thereby and continues to be applicable and enforceable to the fullest
extent permitted by law.
r
925
edaM' .
;ti:A':_... ---- TMUlEJ1SE/LS BET}1
Schedule"B"
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22. Notices
Any notice that one party hereto may desire or be required to give to the other party
hereto shall for all purposes be deemed to have been sufficiently and properly given, if
delivered personally or forwarded by registered mail and addressed in the case of the
Landlord to:
40 Temperance Street, Bowmanville, Ontario, L1C 3A6
Attention: Lou Ann Birkett, Purchasing Manager
and in the case of the Tenant to the Premises and shall be presumed to have been
received on the date of delivery, if delivered personally, or if forwarded by registered mail
on the third business day following such mailing. Any notice shall be in writing, except as
expressly otherwise provided herein, and shall be given only by delivery as aforesaid in
the event of post interruption. — I
23• Enurement
This Lease and everything herein contained shall enure to the benefit of and be binding
upon the parties hereto their successors and permitted assigns respectively.
IN WITNESS WHEREOF the parties have duly executed and unconditionally
delivered this Lease as of the date first above written.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
By: 3
John Mutton, Mayor
And:
Patti L. Barrie, Clerk #
I
BETHESDA HOUSE OF MERCY
ASSOCIATION
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And:
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926
T SEn."ETM