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07/13/1998 (Special)
MUNICIPALITY OF �arington ONTARIO SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: July 13, 1998 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES Minutes of a Regular Meeting of July 6, 1998 4. PRESENTATION Dave Clark, Manager, Secretary-Treasurer, Clarington Hydro-Electric Commission — Amendments to Power Corporation Act 5. DELEGATIONS (a) Frank Mamolis, 300 King Street East, Newcastle, L1 B 1J8 - Report PD-94-98; (b) Jim Strickland, 30 Kingsview Court, Courtice, L1 E 1 E5 — PD-93-98; (c) Mary Rycroft, G.M. Sernas and Associates, 110 Scotia Court, Unit 41, Whitby, L1 N 8Y7 — Report PD-95-98; and (d) Representative of the Bowmanville Business Improvement Area — Report TR-58-98. 6. PUBLIC MEETING (a) Proposed Zoning By-law Amendment submitted by WDM Consultants on behalf of Claret Investments Limited and Uvalde Investments Company to change: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET- BOWMANVILLE-ONTARIO• LI C 3A6 • (905) 623-3379. FAX 623-4169 MECICLE0'AVEH G.P.& A. Agenda - 2 - July 13, 1998 • the zone category of the north plan of subdivision (DEV 94-067 and 18T-94027) from "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones to permit the development of a 151 unit plan of subdivision containing 79 single detached units, 72 semi-detached units and a portion of the land required for a parkette; and the zone category of the south plan of subdivision (DEV 92-033 and 18T-92014) from "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones to permit the development of a 110 unit plan of subdivision containing 80 single detached units, 30 semi-detached units and portions of the lands required for a public elementary school and a neighbourhood park. REPORT PD-86-98 AND PD-87-98 — CLARET INVESTMENTS LTD. & UVALDE INVESTMENTS CO. 501 7. PLANNING AND DEVELOPMENT DEPARTMENT (a) PD-86-98 - Revised Plan of Subdivision & Rezoning Application, Claret Investments Ltd. & Uvalde Investments Co., Part Lot 27, Concession 3, Former Township of Darlington 601 (b) PD-87-98 - Revised Plan of Subdivision & Rezoning Application, Claret Investments Ltd. & Uvalde Investments Co., Part Lot 28, Concession 3, Former Township of Darlington 625 (c) PD-88-98 - Rezoning and Site Plan Applications, Harry Shillings, Part Lot 24, Concession 8, Former Township of Clarke, 8226 Highway 35/115 650 (d) PD-89-98 - Kiddicorp Investments Ltd., Sagewood Subdivision 40M-1741, Certificate of Release 661 (e) PD-90-98 - Semi Annual Report on Site Plan Activity January 1, 1998 to June 30, 1998 672 G.P.& A. Agenda - 3 - July 13, 1998 (f) PD-91-98 - Provisions of On-Street Parking \Nithin New Residential Developments — Municipality of Clarington 676 (g) PD-93-98 - Rezoning and Draft Plan of Subdivision Applications, Taunton Terrace Limited Part Lot 35, Concession 2, Former Township of Darlington 681 (h) PD-94-98 - Site Plan Approval Process, Coffee Time Application, Newcastle Village 696 (i) PD-95-98 - Rezoning Application, Oceanfront Developments Ltd., Part Lots 32 and 33, Concession 7, Former Township of Clarke 699003 8. CLERK'S DEPARTMENT (a) CD-32-98 - Parking Enforcement Report for the Month of May 701 (b) CD-33-98 - Parking Enforcement Report for the Month of June 702 (c) CD-34-98 - Legislation to Establish a Greater Toronto Services Board 703 (d) CD-35-98 - Use of the Term "Clarington" and Reproduction of Coat of Arms of the Municipality and the Former Town of Bowmanville without prior Council Authorization 706 (e) CD-36-98 - Approval of Tile Drainage Loan Application, Milt Robinson, Robinbrae Farms, 6114 Holt Road, Hampton, Lot Number 19 and 20, Concession 6, Former Township of Darlington 710 (f) CD-37-98 - The Transfer of Property Standards Enforcement to the Building Code Act 715 (f) CD-38-98 - Access to Account #2900-12-X for the Purchase of Items for the New Animal Shelter 736 9. TREASURY DEPARTMENT (a) TR-56-98 - Co-op Tender T282-98, Supply `nd Delivery of Winter Sand 801 G.P.& A. Agenda - 4 - July 13, 1998 (b) TR-57-98 - Street Light By-law 805 (c) TR-60-98 - CL98-9, One (1) Only Hydraulic Excavator 809 (d) TR-61-98 - CL98-11, One (1) Only Flusher Water Tank 812 (e) TR-62-98 - Tender CL98-14, Electrical Services 814 (f) TR-64-98 - Cash Activity Report — May 1998 817 (g) TR-65-98 - RFP98-2, Group Benefits Consulting 826 (h) TR-66-98 - CL98-15, Wellington Street, George Street, Ontario Street, Brown Street Reconstruction 830 10. FIRE DEPARTMENT No Reports 11. COMMUNITY SERVICES DEPARTMENT (a) CS-10-98 - 1998-99 Schedule of Rates and Fees 1001 12. PUBLIC WORKS DEPARTMENT (a) WD-39-98 - Telecommunications —Access to Municipal Rights- of-Way 1101 (b) WD-42-98 - Safety Concerns — Old Kingston Road/Prestonvale Road Intersection, Courtice 1129 (c) WD-43-98 - Monthly Building Report on Building Activity for June 1998 1132 13. ADMINISTRATION (a) ADMIN-12-98 - Volunteer Recognition Program (to be distributed under separate cover) 14. UNFINISHED BUSINESS (a) TR-58-98 — B.I.A. Parking Proposal & Parking Lot Reserve Fund Activity 1301 G.P.& A. Agenda - S - July 13, 1998 (b) Addendum WD-40-98 - Street Receptacles, Benches and Planters for Orono and Newcastle Business Improvement Associations 1308 15. OTHER BUSINESS 16. ADJOURNMENT i THE MUNICIPALITY OF CLARINGTON i I General Purpose and Administration Committee July 6, 1998 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, July 6, 1998 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Acting Mayor J.Schell Councillor J.Mutton Councillor M.Novak Councillor J.Rowe Councillor C.Trim Councillor T.Young Absent: Mayor D.Hamre(due to illness) Also Present: Chief Administrative Officer,W.Stockwell Director of Community Services,J.Caruana Solicitor,D.'Hefferon(attended from 10:45 a.m.to 11:45 a.m.) Deputy Fire Chief,B.Hesson Treasurer,M.Marano Director of Public Works,S.Vokes Director of Planning and Development,F.Wu Clerk,P.Barrie Acting Mayor Schell chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest made for this rneetina. MINUTES Resolution#GPA-416-98 Moved by Councillor Mutton,seconded by Councillor Trim THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on June 22, 1998,be approved. "CARRIED" Councillor Mutton advised Committee that on Saturday,July 4, 1998,he attended at Don Cherry's in Courtice for the arrival of Sheldon Kennedy during his Skate Across Canada in support of victims of child abuse. Councillor Novak chaired this portion of the meeting. ) lI I G.P.&A. Minutes -2- July 6, 1998 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 applications: (a) Proposed Official Plan Amendment and Rezoning Application—Part Lots 27 and 28,Concession 1,former Township of Clarke—564069 Ontario Inc. (b) Proposed Official Plan Amendment and Rezoning Application—Part of Lots 32.33 and 34,Concession 6,former Township of Clarke—submitted by Tunney Planning Inc.on behalf of Paula Lishman International Limited The Clerk advised that the Rezoning Applications were sent by first class mail on or before June 12, 1998,to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. This notice procedure is in compliance with the Ontario Regulation made under the Planning act. Public notices for the Official Plan Amendment Applications were sent by first class mail on or before June 12, 1998,to all property owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. This notice procedure is in compliance with the Ontario Regulation made under the Plannina Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments,then the objectors would be heard,followed by the supporters and the applicant. (a) Report PD-83-98—564069 Ontario Inc.—the purpose and effect of the rezoning application is two-fold,to: i) change the zoning of a portion of the subject lands from"Holding Urban Residential Type One Rl "to an yp ((H)RI)" appropriate zoning category to permit the construction of a parking lot to serve the future j supermarket;and ii) change the zoning of a portion of the subject lands from"Light Industrial Exception(M1-2)"to an appropriate zoning category to permit the conversion of the existing three storey industrial building for retail commercial,office commercial and apartment uses. Ruth Knight,36 Emily Street,Newcastle,LIB 1H3—questioned where the access to the parking lot for this property will be. She indicated that it is a quiet residential area containing a school and requested that no access from Beaver Street be allowed. i There was no one in attendance to speak in support of the application. Tenzin Gyaltsan,564069 Ontario Inc.,15 King Street West,Newcastle, LIB 1 K9—described the application through the use of a diagram of the subject propemf. He indicated that the proposed parking lot will benefit the neighbours as proper drainage will be introduced to a presently swampy area. He stated that this i application will benefit the Municipality in that it will keep residents within the Municipality. I I 3 02 i G.P.&A. Minutes -3- July 6, 1998 i PUBLIC MEETINGS CONT'D (b) Report PD-84-98—Paula Lishman International Limited—the purpose and effect of the Official Plan Amendment is to introduce a Special Policy Area that would allow the use of the lands for a single prestige employment use, appropriate to and benefiting from a rural location, including a fur garment manufacturing facility,subject to certain conditions. y I The purpose and effect of the Zoning By-law Amendment is to restrict the use of the lands to reforestation,conservation and a fur garment manufacturing facility. i David Lawson, 111 Cedar Crest Beach,Bowmanville,L1C 3K3—questioned why the Ministry of Natural Resources was not directly circulated on this application,as they are an adjacent land owner and they look after stocking the Wilmot Creek. He questioned what facts the Department of Fisheries and the had when they formulated their comments. Mr.Lawson stated that the application is premature without an Environmental Impact Study and requested that he be kept informed of all of the fishery issues related to this application. Mr.Lawson commented that the Ministry of the Environment did not agree with the comment that a septic system was efficient for this application. Debbie Suddard,237 Ascot Court,Oshawa,L1G 1W2—indicated that this application is detrimental to the natural environment of the area,the last pristine area within Durham Region. She stated that this is a beautiful area Miich the municipality should enjoy,not destroy. Mrs.Suddard questioned why this application is being proposed for this area when there is sufficient properly zoned land available for it. Richard Ward,3709 Regional Road 9,Orono,LOB IMO—submitted a letter in opposition to the rezoning application of Lishmatv'Halminen. He indicated concerns with the entrance,the owner of the land being rezoned is in opposition to the rezoning,the land is sensitive and not an area for development and the application-will take away from the function of this site. Mr. Ward requested that Report PD-84-98 be tabled. Linda Gasser,Box 399,Orono,LOB IMO—requested that Committee not approve the recommendations contained in Report PD-84-98 other than recommendations #1 and#6. Mrs.Gasser submitted a letter outlining the following concerns: • septic bed; • fishery issues; • lack of an Environmental Impact Study and a Watershed Plan; • right-of-way which Mr.Halminen enjoys over the Kingsley land-: • rezoning of an individual's land without their permission; • lot frontage minimum; construction of the earth intergraded building at present grade level to be above the water table;and • air strip and air craft activity,could an air craft hangar be considered an accessory building to the fur garment manufacturing facility,and storage of ultralight air craft. Libby Racansky,3200 Hancock Ropd,Courtice LIE 2MI—implored Committee to protect the Wilmot Creek. She indicated that communities are only as health as their watersheds. 303 i G.P.&A. Minutes -4- July 6, 1998 PUBLIC MEETINGS CONT'D Doug Berry, 1533 Oxford Street,Oshawa,L1J 3X2—indicated that he works at the same church which is attended by Mr.and Mrs.Kingsley. He stated that the Kingsley property is used as a camping area for street children and Big Brothers and it is therefore not proper to contaminate the water upstream from the Kingsley property. He also stated access concerns. i Rhonda and Dan Hooper,3237 Concession Road 7,R.R.#2,Orono, LOB 1M0 —submitted correspondence reiterating their concerns as outlined in previous correspondence,together with a petition signed by 24 individuals that oppose the project in its entirety and outlining specifically concerns with respect to Report PD-84-98. Bill Woods,R.R.#2,Orono,LOB IMO—addressed section 16.12.1 of the proposed Official Plan Amendment. He questioned what the defmition of"prestige employment"is and whether or not flight training would qualify under that designation. He also questioned the amount of fluid emptying into the septic fields and into the fragile waterways on the ro d area and the h drogeolo ical P l� Y .. g assessment. He urged Council to consider the Kingsley dilemma in having their property rezoned without their permission and requested that a tabling motion come forward to allow the Kingsley's solicitor an opportunity to review the situation. Jean Kingsley,4382 Green Road,Hampton,LOB IJO-stated that her right-of- way will not be given up for industrial property. She indicated that she has never been approached by Council of either the Municipality of Clarington or the Region of Durham with respect to this application. Mrs.Kingsley raised concern that her taxes would increase if this rezoning is approved. Resolution#GPA-417-98 Moved by Councillor Mutton,seconded by Councillor Rowe THAT the meeting recess for 5 minutes. "CARRIED" The meeting reconvened at 10:45 a.m. Jean Kingsley continued with her comments and stated that if the rezoning is approved she will not have enough propem to build on. She stated that a lawyer acting on behalf of Mr.Halminen drew up a paper authorizing access to the property,however when she refused to sign the document,she was told that a fence will be erected thereby denying her access to her own property. Resolution#GPA-418-98 Moved by Councillor Schell,seconded by Councillor Rowe THAT the meeting be"closed"for the purpose of receiving a legal opinion from the solicitor pertaining to Mrs.Kingsley's presentation. "CARRIED" 304 G.P. &A. Minutes -5- July 6, 1998 PUBLIC MEETINGS CONT'D Mrs. Kingsley was asked if she is withdrawing a solicitor's letter dated November 20, 1997, indicating that Linda Gasser and Bill Woods were acting on her behalf and that she is now in fact representing herself. Mrs. Kingsley advised that she has retained the services of a new solicitor who will be handling her interests from this point forward. Phil Pisani,3350 Concession Road 7,Orono,LOB 1MO—questioned whether or not it was up to Mr.and Mrs. Lishman to prove that there is not a sufficient supply of adequately zoned land in the municipality for their proposal prior for applying for a rezoning on this property. He questioned why legal Counsel was not present at the meeting and requested a tabling of the report in order to allow for the Kingsley's to seek legal advise from their new solicitor. No one spoke in support of the application. Kevin Tunney,Tunney Planning Inc.,340 Byron Street South,Suite 200, Whitby,L1N 4P8—addressed Committee on behalf of Mr.and Mrs.Lishman and Hannu Halminen. He indicated that more detail has been put into this application than any other and therefore a very thorough report has resulted. He is in agreement with the recommendations contained in the report and stated that all questions raised have been answered in this or previous reports. PLANNING AND DEVELOPMENT DEPARTMENT Official Plan Resolution#GPA419-98 !amendment& Rezoning Application Moved by Councillor Mutton,seconded by Councillor Young 564069 Ontario Inc. D09.COPA98.003 THAT Report PD-83-98 be received; D 14.DEV.98.030 THAT the applications to amend the Clarington Official Plan and the former Town of Newcastle Comprehensive Zoning By-Iaw 84-63 submitted by 564069 Ontario Inc.be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments;and THAT the Region of Durham Planning Department,listed interested parties in Report PD-83-98 and any delegations be advised of Council's decision. "CARRIED" Regional Official Resolution#GPA-420-98 Plan Amendment Clarington Official Moved by Councillor Rowe,seconded by Councillor Schell Plan Amendment &Rezoning THAT Report PD-84-98 be received; Application Lishman THAT the Regional Municipality of Durham be advised that the Municipality D09.COPA.97.008 of Clarington does not support a Rural Employment Area designation for the D14.DEV.97.058 land subject to the Regional Officiai Plan Amendment application as submitted by Tunney Planning Inc.and that the Region of Durham be requested to amend the Durham Regional Official Plan to allow on the lands a single prestige employment use, including a fur garment manufacturing facility; 305 G.P. & A. Minutes -6- July 6, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D THAT the application to amend the Clarington Official Plan submitted by Tunney Planning Inc. on behalf of Paula Lishman International Limited be approved as provided in Amendment No.9 to the Clarington Official Plan,as detailed in Attachment No. 1 to Report PD-84-98; THAT the necessary by-law to adopt Amendment No.9 to the Clarington Official Plan,be passed and that Amendment No.9 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham for approval; THAT the application submitted by Tunney Planning Inc.on behalf of Paula Lishman International Limited,to amend Comprehensive Zoning By-law 84-63 be approved,as provided for in Attachment No.2 to Report PD-84-98 and that the By-law be passed;and THAT the applicant,all persons who spoke and registered at the Public Meeting,all i interested parties listed in Report PD-84-98 and any delegations be advised of Council's decision. "CARRIED AS AMENDED 1 LATER IN THE MEETING" (SEE FOLLOWING MOTIONS) Resolution#GPA-421-98 i Moved by Councillor Mutton,seconded by Councillor Trim THAT the foregoing Resolution#GPA-420-98 be amended as follows: a) THAT the second paragraph be deleted in its entirety and replaced with the following: "THAT the Regional Municipality of Durham be advised that the Municipality of Clarington does not support a Rural Employment Area designation for the lands subject to the Regional Official Plan Amendment application as submitted by Tunney Planning Inc.and that the Region of Durham be requested to amend the Durham Regional Official Plan to allow the lands to be restricted to a fur garment/garment manufacturing facility;" b) THAT Section 16.12.1 of proposed Amendment No.9 to the Clarington Official Plan be deleted in its entirety and replaced with the following: "16.12.1 Special Policy Area J may only be used for a fur garment/garment manufacturing facility,provided that:" "SEE FOLLOWING MOTION" r 306 G.P. &A. Minutes -7- July 6, 1998 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Resolution#GPA-422-98 Moved by Councillor Rowe,seconded by Councillor Schell THAT the rules of procedure be suspended in order to ascertain whether the amendment put forward by Councillor Mutton and Councillor Trim will enable the applicant to proceed with the application. "CARRIED" Kevin Tunney advised that the amendment as proposed is acceptable to the applicant. The foregoing Resolution#GPA-421-98 was put to a vote and CARRIED. The foregoing Resolution#GPA-420-98 was then put to a vote and CARRIED AS AMENDED. Monitoring Resolution#GPA-423-98 Decisions of Committee of Moved by Councillor Rowe,seconded by Councillor Schell Adjustment June 18, 1998 THAT Report PD-85-98 be received; D 13.00 THAT Council concur with decisions of the Committee of Adjustment made on May 28, 1998 for Applications A98/026 to A98/029,inclusive;and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Applications A98/026 to A98/029 inclusive,in the event of an appeal. "CARRIED" Councillor Schell chaired this portion of the meeting. UNFINISHED BUSINESS Resolution#GPA-424-98 Moved by Councillor Mutton,seconded by Councillor Young THAT the verbal report of Councillor Trim with respect to the Soap Box Derby which is being held as part of the 75th Anniversary Celebrations of the Newcastle Hall Board on Saturday,October 24, 1998,be received; THAT the amended time for this event,being 10:00 a.m.to 12:00 noon,be approved;and THAT Brenton Rickard,Chairman,Newcastle Hall Board be advised of Council's decision. r "CARRIED" 307 G.P. &A. Minutes -8- July 6, 1998 ADJOURNMENT Resolution#GPA-425-98 Moved by Councillor Young,seconded by Councillor Novak THAT the meeting adjourn at 12:50 p.m. "CARRIED" MAYOR I CLERK i I I i 3 .08 REPORT: PD-86 & 87-98 MMANSON CORPORATION OF THE MUNICIPALITY OF CLARINGTON Claret Investments Ltd. & Uvalde Investments Ltd. • NOTICE OF PUBLIC MEETING (Courtice Heights Dev.) TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will hold a public meeting to consider two (2) revised applications for rezoning and related plans of subdivision. The proposed zoning by-law amendment, submitted by WDM Consultants on behalf of Claret Investments Limited and Uvalde Investments Company, carrying on business as Courtice Heights Developments, would change the zone category of the north plan of subdivision (DEV 94-067 and 18T-94027) from "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones to permit the development of a 151 unit plan of subdivision containing 79 single detached units, 72 semi-detached units and a portion of the land required for a parkette (as shown on the reverse). The proposed zoning by-law amendment would also change the zone category of the south plan of subdivision (DEV 92-033 and 18T-92014) from "Agricultural (A)",and "Environmental Protection (EP)" to appropriate zones to permit the development of a 110 unit plan of subdivision containing 80 single detached units, 30 semi-detached units and portions of•the lands required for a public elementary school and a neighbourhood park(as shown on the reverse). The lands in question are also subject to the following applications: Official Plan Amendment (COPA 97- 007), Official Plan Amendment(OPA92-N/007)and Neighbourhood Design Plan (PLN 31.5.2). 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 below reflects the time at which the General Purpose and Administration Committee Meeting commences, not necessarily when this item will be considered. DATE: MONDAY, JULY 13, 1998 TIME: 9:30 A.M. PLACE: Council Chambers, Municipal Administrative Centre, 40 Temperance St., Bowmanville,Ontario 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 or the draft plans of subdivision are approved,the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposal is available for inspection between 8;30 a.m. and 4:30 p.m. (8:00 a.m. to 4:00 p.m. for the months of July and August) at the Planning Department, 40 Temperance Street, Bowmanville, Ontario or by calling Isabel Little at 623-3379. DATED AT MUNICIPALITY OF CLARINGTON THIS 6t DA O June 1998 Patti Ba e, Cle unicipality of Clarington 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 PLANNING FILE: DEV 92-033; 18T-92014; DEV 94-067; 18T-94027 CLERK'S FILE: D14.DEV.92-033; D12.18T-92014; D14.DEV.94-067 D12.18T-94027 501 DEV. 94-067 18T-94027 DEV. 92-033 18T-92014 LOT 29 LOT 28 LOT 27 cn I � z 0 �n o w U O Z of O Y U I O U Z Q 2 M R-0,AQ r J COURTICE KEY MAP _ 502 . . DN: PD-86-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: PD-86-98 FILE #: 18T-92014; DEV 92-033 (X-REF: COPA 97-007) By-law # Subject: REVISED PLAN OF SUBDIVISION & REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENTS CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 27, CONC. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-92014; DEV 92-033 (X-REF: COPA 97-007) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-86-98 be received; 2. THAT the application for the approval of a Draft Plan of Subdivision 18T-92014 and the application,for Zoning Amendment DEV 92-033 be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company 1.2 Applicant: Claret Investments Limited and Uvalde Investment Company, carrying on business as Courtice Heights Developments 1.3 Agent: WDM Consultants 1.4 Official Plan: The applicant is also seeking approval of an amendment to the Clarington Official Plan including the removal of a Medium Density (M) Symbol and various adjustments to the population and unit targets. This proposed amndment was previously considered by-Council at a -- - Public Meeting on September 8, 1997. At that time, Council resolved to refer the proposed amendment back to Staff for further consideration in conjunction with these applications. 601 REPORT NO.: PD- 86-98 PAGE 2 1.5 Subdivision: Original Proposal: Originally sought approval for a 146 unit plan of subdivision consisting of 95 single detached dwelling units, 28 semi-detached units, 23 townhouse units, a .045 hectare park block and various residential reserve blocks. Revised Proposal: The revised proposal (see Attachment No. 1) is seeking approval for a 110 unit plan of subdivision consisting of 80 single detached dwelling units, 30 semi- detached units, a 1.735 hectare park block, a 1.04 hectare school block and various residential reserve blocks. 1.6 Rezoning: From "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones in order to permit the above noted development. Staff note that the Environmental Protection (EP) zone is not intended for development with the current applications. The intent of the proposed zoning amendment with respect to the limits of the Environmental Protection (EP) zone is to confirm the boundaries through a detailed review of the proposal by Central Lake Ontario Conservation. 1.7 Site Area: 10.828 hectares 1.8 Studies Submitted: The applicant has submitted the following studies in support of this and related development proposals. • Preliminary Hydrogeologic A' ssessment • Preliminary Environmental Overview Assessment • Addendum Environmental Overview,Assessment • Environmental Impact Statement • Addendum to the Environmental Impact Statement • Groundwater Recharge-Discharge Assessment • Municipal Servicing Report • Revised Municipal Servicing Report • Traffic Analysis for Hancock Neighbourhood • Noise Impact Study • Phase I Environmental Site Assessment • Phasing Document • three (3) separate Neighbourhood Design Concepts - -2.- - EXISTING AND SURROUNDING LAND-USES- - 2.1 The lands subject to the applications are currently used for agricultural purposes and are located in Part Lot 27, Concession 2, former Township of Darlington (see Attachment No. 2). 602 REPORT NO.: PD- 86-98 - PAGE 3 The surrounding land uses include. North - woodlot South - large lot residential East- large lot residential, auto wrecker West- large lot residential, future Faith United Church, woodlot 3. BACKGROUND 3.1 Courtice North Neighbourhood 3C When the applications were first submitted the lands were located within the Courtice North Neighbourhood 3C, as identified in the former Town of Newcastle Official Plan. (This area is now referred to as Hancock Neighbourhood) A portion of the Neighbourhood, south of Nash Road, had been partially developed in accordance with the approved Neighbourhood Development Plan, which allocated a population of 900 people for the portion of the lands south of Nash Road, including the identification of the road pattern and housing types. However, a Neighbourhood Development Plan had not been prepared for that portion of the Neighbourhood located north of Nash Road. Nevertheless, the Official Plan did allocate a population of 1000 people, established a collector road network and delineated conceptual land uses. In April 1992, the applicant submitted applications to amend the Official Plan of the former Town of Newcastle and to complete the Neighbourhood Development Plan for Neighbourhood 3C. 3.2 Plan of Subdivision and Rezoning Applications In June of 1992, the applicant applied to the Region of Durham for the approval of the plan of subdivision (18T-92014). The applicant also filed the zoning amendment application (DEV 92-033) with the Municipality in June of 1992. . -'6 �3 REPORT NO.: PD- 86-98 PAGE 4 At the Public Meeting in February 1993, Staff recommended that the applications be denied without prejudice as premature. Council's position with respect to these two development applications was to refer the application back to Staff to be considered in the context of the Official Plan Review. Subsequent to the preparation of the Draft Clarington Official Plan, the applicant revised all of the applications. Formal revised applications for the rezonings and plans of subdivision were submitted in August of 1995, and the revised official plan amendment on September 8, 1995. In April of 1996, subsequent to the adoption of the new Clarington Official Plan, Council dealt with a large number of applications through a report which recommended on the disposition of outstanding Official Plan Amendments, Neighbourhood Plan Amendments, and all related applications. The Official Plan Amendment was approved as provided for in the Clarington Official Plan. The Neighbourhood Plan Amendment application was closed as the Courtice North Neighbourhood Plan had been repealed by Council on January 29, 1996. The applications for the zoning amendment and the plan of subdivision were referred back to staff for further consideration. 3.3 Clarington Official Plan The Clarington Official Plan was approved by the Region of Durham on October 31, 1996. The Plan set the population for the Hancock Neighbourhood at 2800 persons. The collector road network was defined, along with the locations for two Neighbourhood Parks, a separate elementary school and a public elementary school. Lands were identified for Environmental Protection Areas, a Local Central Area, and three locations for Medium Density residential development. The balance of the neighbourhood was designated for urban residential use. The applicant referred portions of the Clarington Official Plan (Referral #3) which are outlined in Section 3.4 below. On June 27, 1997, the applicant filed an application to amend the Clarington Official Plan 604 REPORT NO.: PD- 86-98 PAGE 5 (COPA 97-007). The application proposed to increase the population within the Hancock Neighbourhood from 2800 to 2900 persons, to amend the housing targets from 975 units to 985 units, and to remove a Medium Density residential designation from the lands subject to this application. As noted in Section 1.4 of this Report, this application was heard at a Public Meeting on September 8, 1997. 3.4 Referrals to Ontario Municipal Board In 1995, subsequent to Council's decision to defer consideration of the applications for plan-of subdivision and rezoning until the approval of the Clarington Official Plan, the applicant appealed or referred the following to the Ontario Municipal Board (OMB): • the application to amend the Official Plan of the former Town of Newcastle; • the subject application for draft plan of subdivision 18T-92014; • the subject application for rezoning DEV 92-033; • the northerly application for draft plan of subdivision 18T-94027; and, • the northerly application for rezoning DEV 94-067. The applicant has also referred the following portions of the Clarington Official Plan to the OMB: , • the low density housing unit targets for Hancock and the Courtice urban area, and the corresponding totals; • the population figure for the Hancock Neighbourhood; and • Section 14.4.3, which requires a minimum setback for development from natural features, and Environmental Protection areas other than stream valleys. In order for the OMB to deal with all matters related to these applications for development, the applicant also referred the above-noted 1997 application for Official Plan Amendment (COPA - 97-007) to the Board 605 REPORT NO.: PD- 86-98 PAGE 6 Two prehearing conferences have been held to address these referrals. In addition to the Municipality and Courtice Heights Developments, which are parties to the hearing, the following persons have identified to the Board their interest in participating at the hearing: Libby Racansky Kerry Meydam Linda Gasser Mark & Heather Roper Bob Kreasul The Ropers and Bob Kreasul are associated with Faith United Church and their concerns were dealt with through Amendment No. 3 to the Official Plan. A third prehearing has been set for September 24, 1998. It is staff's desire to have all issues resolved and Council's final position on these applications set by this hearing date. To this effect, staff have been working with the applicant and the commenting agencies to achieve a resolution between parties. 3.5 Neighbourhood Design Plan A draft Neighbourhood Design Plan was prepared by the applicant as required by the Clarington Official Plan (see Attachment No.3). Such a Plan is required to be approved prior to Council granting approval for draft plans of subdivision. The draft Neighbourhood Design Plan was circulated to various agencies and departments for comment. A Public Information Open House was also held on February 25, 1998, to obtain input from the neighbourhood residents and interested parties. The Neighbourhood Design Plan will be finalized shortly. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice was given as follows: Public Meeting signs-#or*e rrevised application were installed on the draft plan of subdivision site; and, 606 REPORT NO.: PD- 86-98 PAGE 7 • written notice was circulated to all assessed property owners within 120 metres of the subject lands, and to all interested parties identified through the previous applications. 4.2 As of the writing of this report, three verbal inquiries have been received, all requesting clarification of the proposed development and the procedures for approval. 4.3 Written comments about development in the area have been received from Friends of the Farewell. The following concerns have been raised: • increase in population; • increase in unit counts; • removal of forested areas; • environmental sensitivity of the neighbourhood; • depletion of groundwater; reducing the developer's costs in order to lower density; • cumulative impacts of development such as flooding, erosion and water quality decline; and • watershed study request for the Farewell/Black Creek watershed area. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan The subject property is designated as a Living Area, with indications of Environmentally Sensitive Areas, within the Durham Regional Official Plan. Lands designated for Living Areas shall be used primarily for housing purposes. Environmentally Sensitive Areas "shall be given paramount consideration in light of their ecological functions and scientific and educational values". The Regional Official Plan also contains policies about development with regard to the cumulative impact on the environment, the maintenance of connected natural systems, and the impacts on environmE'ntal features and functions. 5.2 Clarington Official Plan The Clarington Official Plan designates the Hancock Neighbourhood as predominantly low 6n7 REPORT NO.: PD- 86-98 PAGE 8 density Urban Residential. There are two Medium Density symbols identified north of Nash Road on the east side of Courtice Road while one Medium Density symbol located south of Nash Road has already been developed. The valley lands associated with Black Creek, and its tributaries, are designated Environmental Protection Area. A large woodlot in the north east corner of the neighbourhood and a smaller woodlot in the southwest quadrant have also been designated as Environmental Protection Areas. The predominant use within the Urban Residential designation is for low density housing purposes. The Environmental Protection Areas, and their ecological function, are to be preserved and protected from the effects of human activity. No development is permitted on these lands. Map C1 of the Clarington Official Plan shows the entire neighbourhood. as falling within the Lake Iroquois Beach. Hazard lands and a small portion of Tableland Woodlots are shown associated with Black Creek, its tributaries, and the associated valleylands. Tableland Woodlots have also been identified in the northeast corner of the neighbourhood, in the southwest quadrant, and at the eastern boundary midway up Hancock Road. The Lake Iroquois Beach is identified in recognition of its extensive forested areas and wildlife habitat, and its locally significant functions of ground water discharge and recharge. This proposed plan of subdivision is designated Urban Residential with a Public Elementary School and a Neighbourhood Park symbol. The site also contains half of the collector road network for the Neighbourhood. 6. ENVIRONMENTAL REPORT 6.1 Assessment of Groundwater Recharge and Discharge Hancock Neighbourhood is underlain by three groundwater flow zones — the shallow overburden-flow-zone, the deeper overburden flow zone, and the bedrock flow zone. The shallow overburden flow zone, which extends to a depth of 6 metres, is characterized by a 608 REPORT NO.: PD- 86-98 PAGE 9 high water table which lies approximately 1 metre below the surface. Groundwater from this zone is discharged seasonally to an intermittent tributary which flows through the Neighbourhood. The report indicates that groundwater flow in the shallow zone does not contribute directly to the maintenance of baseflow to Black Creek. The deeper (intermediate) overburden flow zone extends to a depth of approximately 40 metres. The report indicates that groundwater in this zone is recharged primarily from the Oak Ridges Moraine, and contributes baseflow to the main branch of Black Creek. The wells i within and adjacent to the Neighbourhood receive most of their water supply from the intermediate aquifer. The bedrock flow zone is recharged primarily by groundwater flow from the Oak Ridges Moraine. Most of the flow in this zone discharges to Lake Ontario and does not provide significant baseflow contribution to Black Creek. There are 124 wells within and adjacent to Hancock Neighbourhood — 95 are bored wells with an average depth of 5.6 m, while the balance are drilled to an average depth of 22 m. Water yield from all wells is good, although a number of the bored wells experience seasonal v shortages. Due to the presence of relatively impermeable deposits on Hancock Neighbourhood, the groundwater contribution from the Neighbourhood •4s negligible in comparison to the groundwater recharge which occurs on more permeable soils to the north. The report concludes that the proposed developments will have negligible impact on baseflow conditions in Black Creek and on the aquifer yields supplying domestic water wells. However, the report recommends a number of mitigative measures to offset the impact of incremental development within the Black Creek watershed. These measures include discharging precipitation collected on roofs to grassed surfaces, minimizing the compaction of fill, the installation of infiltration trenches along rear lot lies, and the installation of seepage barriers in service trenches to prevent piping of groundwater. 609 REPORT NO.: PD- 86-98 PAGE 10 6.2 Environmental Impact Report (EcoPlans Limited) The vegetation communities found in Hancock Neighbourhood generally reflect the presence of the high water table which underlies most of the neighbourhood, as well as the effects of human use. The woodlots on the two land parcels owned by Courtice Heights were cleared prior to the submission of the development applications. Two significant vegetation communities are found in the Neighbourhood – the 15 ha broadleaf woodlot in the northeast, corner, and the old field succession/wet meadow complex to the southwest of the woodlot. Broadleaf Woodlot This woodlot is the most significant vegetative feature in the Neighbourhood. It is characterized by mature mixed hardwoods and successional species of varying ages and sized, and a fairly diverse and intact native ground flora. The woodlot provides habitat for a variety of forest interior birds and also provides a linkage function between adjacent off-site woodland blocks to the north and east, and the core area of the Trulls Woods to the west. Portions of the woodlot have been disturbed by previous logging practices. The woodland edges are "pre- stressed" (i.e. tolerant/adaptable) as the result of land clearing on the adjacent parcels owned by Courtice Heights Developments. A well-developed understorey which has regenerated along the edge acts as a buffer to the woodland interior. The report indicates urban development on adjacent,lands should not have a significant impact on the hydrology of the woodland since the proposed subdivision will be located down-gradient of the woodland, although the water table may be reduced somewhat at the woodland edge. Other potential impacts on the woodland block were noted, including construction impacts to woodland edge trees, increased predation pressure on sensitive wildlife by domestic pet and urban-tolerant wildlife species, increased pedestrian access to the woodland and the "annexation" of woodlot edges into rear lot areas. I A number of measures are recommended to maintain the overall integrity and linkage - functions of the woodlot.-- These-include the installati6n-of fencing along the--driprneJUi e— property line) of the woodland edge prior to site grading to minimize construction impacts and 610 REPORT NO.: PD- 86-98 PAGE 11 to limit access to the woodlot. The grading of rear lots should maintain the pre-development drainage regime within the woodland edge, and grade changes along the woodlot edge should be minimized to avoid damage to roots. Other recommended measures include the installation of signage and the implementation of an environmental stewardship program to educate future residents on maintenance of woodlot values. Old Field Succession/Wet Meadow Complex This community, which is associated with a seasonally high water table, groundwater seepage and an intermittent tributary, consists of early successional species growing on poorly drained soils. This habitat type is uncommon in this area, and four regionally uncommon plant species which prefer this habitat were identified on this site. This community also provides habitat for a typical variety of common edge and generalist wildlife species. The retention and maintenance of ephemeral wet meadow habitat in an urban setting can be difficult if the water table is lowered. However, the implementation of mitigation measures recommended by the hydrogeological consultant should ensure that the moisture regime after the development of the proposed subdivision should be suitable for the maintenance of the wet meadow community. The trampling and picking of flowers by residents and the invasion of aggressive weedy species will also adversely affect the wet meadow community. Even without urban development, the wet meadow would eventually cease to exist as the result of succession to woody species. As well, the ultimate development scheme for the Neighbourhood as recommended by the Hancock Neighbourhood Design Plan indicates that the majority of this community will be removed by a north-south collector road and residential development. It is important to note that the property on which this vegetative complex is located is not owned by Courtice Heights Developments, and is not subject to the current development proposals. The environmental impacts report recommenas, that a permanent chain-link fence be installed around the property to control access to the property. Specific measures to REPORT NO.: PD- 86-98 PAGE 12 address the maintenance of this community can be considered at such time as a development proposal is submitted for these properties. These measures could include the salvage of the topsoil/seedbank and re-seeding in suitable municipally owned sites, such as the lands adjacent to the intermittent tributary or the future storm water management pond. Impact on Aquatic Habitat in Black Creek Based on the conclusions of the hydrogeological report, the development of Hancock Neighbourhood is not expected to significantly affect the baseflow conditions which maintain potential fish habitat conditions in Black Creek. Water temperature monitoring in the adjacent stretch of Black Creek has indicated conditions too warm for brook or brown trout, but generally suitable for rainbow trout. The report concluded that rehabilitation efforts along the creek, including establishment of riparian cover, will not sufficiently reduce the summer temperature regime to permit the return of resident brook trout populations. 6.3 COCA Comments on Reports The Conservation Authority noted that, prior to final approval of the subdivision plans, the proponent should prepare detailed design and implementation plans for the proposed measures intended to mitigate the impact of the two proposed subdivisions on the environmentally sensitive/significant vegetation units and wildlife habitats. The adjacent reach of Black Creek which will receive future urban runoff flows from the subject site exhibits characteristic 'cool water' conditions, supporting both warm and coldwater fish species. The Authority noted that the storm water management plan for the proposed developments will need to include measures to regulate the thermal impact of storm water discharge to Black Creek in addition to more typical quality and quantity controls. The development site currently contribut-s to the flow regime of a small drain traversing numerous private properties downstream. This drainage feeds ponds and assists in the maintenance of off-site "-et meadows and other environmentally sensitive features. The Authority indicated that flows through this minor tributary must be maintained until such time IIW-6 1:�- ' REPORT NO.: PD- 86-98 PAGE 13 as mitigation measures aimed at preserving some of these attributes can be implemented. The Conditions of Draft Approval for the proposed subdivisions recommended by the Authority are outlined in Section 7.7 of this Report. 7. AGENCY COMMENTS 7.1 The application was circulated to various departments and agencies for comment. Comments of no objection were received from the Durham Regional Health Department, the Clarington Community Services Department, Bell Canada, and Canada Post. 7.2 Ministry of Citizenship, Culture and Recreation The Ministry of Citizenship, Culture and Recreation had confirmed that there is low potential for the discovery of archaeological remains and that an archaeological assessment is not required. 7.3 Ministry of Transportation The Ministry of Transportation has no objection to approval of the plan of subdivision as the technically preferred route for the Oshawa/Clarington freeway Link does not physically impact on the site. 7.4 Region of Durham The Durham Regional Planning Department have advised that they will not be forwarding comments to the Municipality as the applications have been referred to the Ontario Municipal Board. Their comments will be provided directly to the OMB through direct testimony. The Regional Works Department has advised that they have no objection to the further processing of proposals and provided the following comments directly to the OMB along with their conditions of draft approval: • Municipal water can be provided through the extension of the existing 400 mm watermain REPORT NO.: PD- 86-98 PAGE 14 on Nash Road (at Fewster Street) to the east limit of the plan. A 300 mm watermain will be required on Street "A" from Nash Road to the north limit of Street "A"; • A secondary watermain feed is recommended for the development. This secondary feed can be provided via two methods. The first method involves extending the 400 mm watermain on Nash Road to Hancock Road with a 200 mm watermain on Hancock Road from Nash Road to Street "B". The alternative would be to extend the 300 mm watermain on proposed Street "A", on easements to be acquired by the applicant, and connect to the proposed plan of subdivision 18T-94027; Municipal sanitary sewers are available from the 375 mm sub-trunk sewer situated on Nash Road to Fewster Street. The sewer must be extended easterly along Nash Road to Street "A" and then northerly to Street "A"; • the Municipality of Clarington is requested to acquire a 3.048 metre widening along the Nash Road frontage. 7.5 Clarington Fire Department The Clarington Fire Department has noted that the area is serviced by part-time firefighters after 6:00 pm daily. At present population levels their service is strained. They request that all required services should be in place before any future growth is approved in Courtice. They have offered no objection but request that any future residents be informed that this area will be served by part-time staff. This concern will be addressed through any conditions of draft plan of subdivision approval. 7.6 Clarington Public Works Department The Clarington Public Works Department provided extensive comments and conditions of draft approval including the following major remarks: 614 REPORT NO.: PD- 86-98 PAGE 15 • the applicant will be responsible for the implementation of all traffic related improvements deemed necessary by the Director of Public Works as indicated by the Hancock Neighbourhood Plan Site Traffic Analysis. The timing and implementation of traffic control measures shall be determined by the Director of Public Works. • a temporary intersection configuration will be required at the intersection of Streets "A" and "B" until such time as the lands to the north of this subdivision develop. Given the lack of a defined time frame for the extension of Street "A" to the north, the temporary intersection must be constructed to a full urban standard. • the applicant will be required to make payments to the Municipality in the amounts stated in a front ending agreement between the Municipality and Macourtice Developments Inc. The payment is required as a result of the over-sizing of storm sewers associated with Registered Plans 40M-1675 and 40M-1693 which enable the development of these lands to proceed. The applicant will also be required to purchase Block 77 in Registered plan 40M-1675 for the construction of storm water management works for the watershed. • the phasing of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of the external road improvements. • the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized and the approved location must not adversely impact upon the roads, parks or parkettes located within the Hancock Neighbourhood. • the applicant will be required to provide a water supply contingency plan detailing the manner in which water will be supplied to local residents in the event of an impact upon the groundwater table during servicing. • the applicant will be responsible to construct, or contribute toward, downstream erosion 615 'REPORT NO.: PD- 86-98 PAGE 16 protection works which, in the opinion of the Director of Public Works, are caused or aggravated by this development. • the development cannot proceed until such time as the Municipality has approved the expenditure of funds for: i) the provision of roads, street lighting and sidewalk improvements along Courtice, Nash and Hancock Roads; and ii) the construction of the Neighbourhood Park. 7.7 Central Lake Ontario Conservation Central Lake Ontario Conservation requested that prior to any on-site grading, or construction, or final approval of the plan of subdivision, the owner shall submit to, and obtain approval from CLOC for reports describing the following: the intended means of conveying stormwater flow from the site; • the anticipated impact of the development on water quality; and • the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. In addition, prior to final approval of the plan, or any site alteration of the property, the applicant shall submit and obtain approval of: • forest edge management plans for lots 13 to 70; • detailed design and location plans of all groundwater infiltration measures to be incorporated on the sites; and, • an environmental construction management plan which details the construction timing and specification for all environmental impact mitigation measures. Finally, CLOC requests that the subdivision agreement between the applicant and the Municipality shall contain the following conditions: the owner agrees - _ - . . - _ -- • g es to develop the plan in accordance with the plans, reports and recommendations as required in the foregoing; and, 616 REPORT NO.: PD- 86-98 PAGE 17 • prior to any construction occurring on lots 13 to 70 the owner agrees to install fencing along the east property limits of lots 13 to 39, and the north property limits of lots 40 to 70. 7.9 Separate School Board The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board requests that sidewalks be provided along all internal streets-to accommodate children walking to the separate elementary school south of Nash Road. They also request that traffic control measures be provided to ensure safe pedestrian movement from the development north of Nash Road to the school site. Signalization and crosswalks should be located at the intersection of Nash Road and Street A. 7.10 Kawartha Pine Ridge District School Board The Kawartha Pine Ridge District School Board is concerned that school site is not fully contained within the limits of the plan of subdivision. Although the general location, configuration and size of the site is acceptable, the Board notes that necessary arrangements will need to be undertaken to deliver the entire site to the Board. The Board would also require all services to be provided to the lot line, perimeter fencing and sidewalks on all roads, including Nash Road. -a 8. STAFF COMMENTS 8.1 Environmental Issues Concern has been expressed by the Conservation Authority and area residents regarding the potential impact of the proposed subdivisions on sensitive environmental features in Hancock Neighbourhood and aquatic habitat in Black Creek, as well as water supply to area wells. In particular, these concerns have focused on the possible lowering of the water table as the result of urban development and more direct impacts to on-site vegetation communities as the+ result of construction activities and the activities of future residents. A number of reports have = been submitted by the proponent to identify the anti cipated'hatore and level'of these impacts and to recommend measures to mitigate such impacts. 617 REPORT NO.: PD- 86-98 PAGE 18 Many of the proposed mitigation measures are straightforward and easily implementable, such as the installation of fencing to control access. However, other measures such as infiltration trenches and measures to protect against thermal impacts on water quality, require detailed design work. As noted by the Conservation Authority, the proponent must prepare detailed design and implementation plans for each of the proposed mitigation measures to ensure that they are not only effective, but in fact, they are implemented in the manner intended. In this regard, Staff concur with the Authority's suggestion that the proponent develop an Environmental Construction Management Plan, to the satisfaction of the Authority and the Municipality. This Plan would specify how each of the proposed mitigation measures would be implemented, including project management, site supervision and follow-up monitoring. 8.2 Neighbourhood Design Plan The Clarington Official Plan requires the preparation of a Neighbourhood Design Plan prior to the consideration of any plan of subdivision. The Clarington Official .Plan states that "a neighbourhood design plan is a visual interpretation of the future development of an entire neighbourhood". Although these plans do not require council approval, they are to be utilized by staff in reviewing subdivision applications for the specific neighbourhood. They will also illustrate, for perspective purchasers, the land uses proposed in the balance of the neighbourhood. The Plans are intended to detail the following: • all road alignments within a neighbourhood, including right-of-way widths and required widenings; • any walking or cycling trail systems, as well as future transit routes; • the location of school, park and open space blocks, including storm water management blocks; and, • lotting patterns and densities. An information report `was--presented'--to-Council on—October 21, 1996, advising of the applicant's submission of an application to approve the Hancock Neighbourhood Design Plan. 618 REPORT NO.: PD- 86-98 PAGE 19 As a result of consultation with staff, and the circulation and subsequent revision of the draft plans of subdivision within the neighbourhood, the Neighbourhood Design Plan has been revised (Attachment No.3). Staff will be finalizing the Neighbourhood Design Plan with the applicant upon receipt of the outstanding agency comments. 8.3 School and Park Blocks The Clarington Official Plan identifies both a Public Elementary School and a Neighbourhood Park within the Hancock Neighbourhood. The original submission by the applicant did not contain a School Block and had very little parkland. As a result of comments received through the circulation process, and the negotiation with Staff relative to all referral issues, the applicant has included a Block to partially accommodate a Public Elementary School and has also increased the parkland dedication to 1.735 hectares. However, as noted in Section 7 of this Report, the Public School Board requires the school site to be located entirely within the limits of this draft plan of subdivision. When negotiating the purchase of lands for school purposes, the Board prefers to enter into negotiations with a single property owner. In addition, it is also noted in Section 7 of this Report that the expenditure of funds for the construction Neighbourhood Park, which abuts the school site to the north, must be included within the Municipality's Development Charges By-law for the development to proceed. 8.4 Density Issues These applications for draft plan of subdivision and rezoning were originally filed in 1992. In the same year the applicant also filed for an Official Plan Amendment to the former Town of Newcastle Official Plan. The population figure set under the former Official Plan was 1900 persons in total for the entire neighbourhood. The applicart sought to change this population target to 4585 persons. The issue of density-has-beeni�the primary reason'for the series of revisions to the original application. The review and subsequent approval of the Clarington Official Plan resulted in a 619 REPORT NO.: PD- 86-98 PAGE 20 population increase from 1900 persons to 2800. While this is an increase over the original Official Plan, the original densities were not feasible under current conditions. However, in recognition of the severe environmental constraints in this neighbourhood, Staff proposed using a lower density factor in the Hancock Neighbourhood than in other parts of Courtice. The lower density was, in part, to provide larger lot sizes which would incorporate existing vegetation features and allow for greater,infiltration of storm water. The applicant and Staff have agreed on a target of 985 residential units (up 10 from the proposed Official Plan) and 2900 persons (up 100 from the proposed Official Plan). The greater increase in persons is due to the use of more single detached units which yield a greater population per unit than the medium density units. The gross residential densities are as follows: All Hancock Neighbourhood 12.58 uph (5.09 upa) New Development Areas 12.30 uph (4.98 upa) Courtice Heights Lands 13.52 uph (5.5 upa) 8.5 Street Access to Faith United Church and other abutting lands In order to ensure that the access was proYided to allow for the development of the surplus lands owned by Faith United Church and another landowner on Nash Road, Staff required that Street E be incorporated into the plan of subdivision. The Neighbourhood Design Plan provides for a cul-de-sac in this location. 8.6 Parking Issues A concern has been raised by Council on the issue of on-street parking within urban neighbourhoods. It is noted that, the applicant has submitted a parking plan, prepared by G.M. Sernas and Associates, for the ;Clarington Public Works Department review and comment. 9. CONCLUSION 9.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the 620 REPORT NO.: PD- 86-98 PAGE 21 Planning Act as well as to provide the status of the applications. Respectfully submitted, Reviewed by, Frank in Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. IL*DC*FW*cc 07 July 1998 Attachment No.1 - Draft Plan of Subdivision Attachment No.2 - Key Map Attachment No.3 - Draft Neighbourhood Design Plan Interested parties to be notified of Council and Committee's decision: WDM Consultants Bob Kresul 20 Clematis Road' 41 Living Court, Willowdale, Ontario M2J 4X2 Courtice, Ontario L1 E 2V6 Stan & Libby Racansky Brian Strong 3200 Hancock Road 3151 Courtice Road Courtice, Ontario L1 E 2M1 Courtice, Ontario L1 E 21-18 -d Pam Callus Doug Dearden 3452 Courtice Road 3163 Courtice Road Courtice, Ontario L1 E 21-6 Courtice, Ontario L1 E 21-18 Linda Gasser Mr. T. Givelas P.O. Box 399 7 Fewster St. Orono, Ontario LOB 1 MO Courtice, Ontario L1 E 2V7 Kerry Meydam Pat MacDonald 3828 Trulls Road 1834 Nash Road Courtice, Ontario L1 E 21-3 Courtice, Ontario L1 E 2M2 Mark Roper Andre Nadler 101 Kingswood Drive 1828 Nash Road Courtice, Ontario L1 E 1 G3 Courtice, Ontario L1 E 2M2 621 ATTACHMENT N0.1 I I ( ---------y-' VACANT c c g••. c c c cl c c c c' c c c c c c c c c c c c c c c c c c c c � ifN � d� - !: : � ° - - �w Nix � r � •• .n ; �� � J( — �•✓ f 7�C ./ A go 821, 71 I IEEE Fl� i �,•} ti _ F_ , ��7 I a v 49 n 1 \J Al 6 1 83 h IV %LCgwN+CE 8E\WEEN E075 26 27)� y J• 1 t t,1 I • I } I } }-t-- pP ompozora9,vvaj t !� it �iti"i (�f I I I �5 n ! �e t "9 mOTOm ).mmm 00 } } 7 ( ( ! ill I c= 39ny��d"'- a t i 1 c 1la {1T 1 i�t6 'Pm NmogN a 2 �� ; t I }p IiI i1j }2i 3i0IO r R O t t I }f I l i 1 1 3 i-01 o93 N°g � a' j�zV�-s m t C =O < e r 0 622 ATTACHMENT NO. 2 LOCATION MAP LOT 29 LOT 28 LOT 27 18T-9402 M _ 18T-92014 0 _- ---- o V) Q r U LLJ Z Y 0 U U I O U _ Z S RW C" ff ROAD N � Z C"= aftf 0 COAlftcoamwwEX y � t BEd L d U Z O WAY 2 S HANCOCK COURTICE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS DEVELOPMENTS SITES 98-003 ..._ 623 i.Ar {,fix E�t�''�r r�`Ili y?"r 7�AR'+''��r,8 .�t-•to� �YY.*,:t:� hen i �v 4:i i Own r.. Ma F6Y.�`� ggpp }y M '�Si'u IBM Wrl i.¢;tom, A,'9X-.7i .�1 • MMML�� NMI Mai-,trIMN IBS. Q!4,�F.-nX 7 OF t t R i_F-�' �T i 11969 am WAAVOWR ® 9 jFt � x e t e faa f¢# Ue INNER r t f? sY aj L� Iliu. I T t r3} k F.�tq r��5 1i f�/ r/Y 4�Yf4',{5'.'t /SIF.Iy CZ.51}11����It yrtZ4q��gtYt'•' ������ �'t s L`t , rf� ��fy �-.i2'i��tj,tki•$'�'...,�r. Y DN: PD-87-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: PD-87-98 FILE #: 18T-94027; DEV 94-067 (X-REF: COPA 97-007) By-law # Subject: REVISED PLAN OF SUBDIVISION & REZONING APPLICATION APPLICANT: CLARET INVESTMENTS LTD. & UVALDE INVESTMENTS CO. (COURTICE HEIGHTS DEVELOPMENTS) PART LOT 28, CONC. 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: 18T-94027; DEV 94-067 (X-REF: COPA 97-007) Recommendations: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-87-98 be received ; 2. THAT the application for the approval of a Draft Plan of Subdivision 18T-94027 and the application for Zoning Amendment DEV 94-067 be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this,report and any delegations be advised of Council's decision. -a 1. APPLICATION DETAILS 1.1 Owners: Claret Investments Limited and Uvalde Investment Company 1.2 Applicant: Claret Investments Limited and Uvalde Investment Company, carrying on business as Courtice Heights Developments 1.3 Agent: WDM Consultants 1.4 Official Plan: The applicant is also seeking approval of an amendment to the F Clarington Official Plan including the removal of a Medium Density (M) Symbol and various adjustments to the population and unit targets. This proposed amendment was previously considered by Council at a - - Public Meeting on September 8, 1997. At that time, Council resolved to refer the proposed amendment back to Staff for further consideration in conjunction with these applications. 625 REPORT NO.: PD- 87-98 PAGE 2 1.5 Subdivision: Original Proposal: Originally sought approval for a 190 unit plan of subdivision consisting of 34 single detached dwelling units, 128 semi-detached units, 28 townhouse units and various residential reserve blocks. Revised Proposal: The revised proposal (see Attachment No. 1) is seeking approval for a 151 unit plan of subdivision consisting of 79'single detached dwelling units, 72 semi- detached units and a 0.1 hectare parkette. 1.6 Rezoning: From "Agricultural (A)" and "Environmental Protection (EP)" to appropriate zones in order to permit the above noted development. Staff note that the Environmental Protection (EP) zone is not intended for development with the current applications. The intent of the proposed zoning amendment is to confirm the boundaries the limits of the Environmental Protection (EP) zone is to confirm the boundaries through a detailed review of the proposal by Central Lake Ontario Conservation. 1.7 Site Area: 9.355 hectares 1.8 Studies Submitted: The applicant has submitted the following studies in support of this and related development proposals. • Retail Demand & Impact Study • Preliminary Hydrogeologic Assessment • Preliminary Environmental Overview Assessment • Addendum Environmental Overview Assessment • Environmental Impact Statement • Addendum to the Environmental Impact Statement • Groundwater Recharge-Discharge Assessment • Municipal Servicing Report • Revised Municipal Servicing Report • Traffic Analysis for Hancock Neighbourhood • Noise Impact Study • Phase I Environmental Site Assessment r^ Phasing Document • three (3)separate Neighbourhood Design Concepts 2. EXISTING AND SURROUNDING LAND USES 2.1 The lands subject to the applications are currently used for agricultural purposes and 626 REPORT NO.: PD- 87-98 PAGE 3 are located in Part Lot 28, Concession 2, former Township of Darlington (see Attachment No. 2). The surrounding land uses include. North - woodlot; open space South - large lot residential East -woodlot West - large lot residential 3. BACKGROUND 3.1 Courtice North Neighbourhood 3C When the applications were first submitted, the lands were located within the Courtice North Neighbourhood 3C, as identified in the former Town of Newcastle Official Plan. (This area is now referred to as the Hancock Neighbourhood) A portion of the Neighbourhood, south of Nash Road, had been partially developed in accordance with the approved Neighbourhood Development Plan, which allocated a population of 900 people for the portion of the lands south of Nash Road, including the identification of the road pattern and housing types. However, a Neighbourhood Development Plan had not been prepared for that portion of.the Neighbourhood located north of Nash Road. Nevertheless, the former Official Plan did allocate a population of 1000 people, established a collector road network, and delineated a conceptual land uses. In April, 1992 the applicant submitted applications to amend the Official Plan of the former Town of Newcastle and to complete the Neighbourhood Development Plan for Neighbourhood 3C. E 3.2 Plan of Subdivision and Rezoning Applications In December of 1994, the applicant applied to the Region of Durham for the approval of the plan of subdivision (18T-94027). The applicant also filed the zoning amendment application 627 ,REPORT NO.: PD- 87-98 PAGE 4 (DEV94-067) with the Municipality in December of 1994. Council's position with respect to these two development applications was to refer the application back to Staff to be considered in the context of the Official Plan Review. Subsequent to the preparation of the Draft Clarington Official Plan, the applicant revised all of the applications. Formal revised applications for the rezoning and plan of subdivision were submitted in August of 1995, and the revised official plan amendment on September 8, 1995. In April of 1996, subsequent to the adoption of the new Clarington Official Plan, Council dealt with a large number of applications through a report which recommended on the disposition of outstanding Official Plan Amendments, Neighbourhood Plan Amendments, and all related applications. The Official Plan Amendment was approved as provided for in the Clarington Official Plan. The Neighbourhood Plan Amendment application was closed as the Courtice North Neighbourhood Plan had been repealed by Council on January 29, 1996. The applications for the zoning amendment and the plan of subdivision were referred back to staff for further consideration. G. 3.3 Clarington Official Plan The Clarington Official Plan was approved by the Region of Durham on October 31, 1996. The Plan set the population for the Hancock Neighboufhood at 2800 persons. The collector road network was defined, along with the locations for two Neighbourhood Parks, a separate elementary school and a public elementary school. Lands were identified for Environmental Protection Areas, a Local Central Area, and three locations for Medium Density residential development. The balance of the neighbourhood was designated for urban residential use. The applicant referred portions of the Clarington Official Plan (Referral #3) as outlined in Section 3.4 below. On June 27, 1997, the applicant filed-an application to amend the Clarington Official Plan - (COPA 97-007. The application proposed to increase the population within the Hancock 628 REPORT NO.: PD- 87-98 PAGE 5 Neighbourhood from 2800 to 2900 persons, to amend the housing targets from 975 units to 985 units, and to remove a Medium Density residential designation from the lands subject to this application. As noted in Section 1.4 of this Report, this application was heard at a Public Meeting on September 8, 1997. 3.4 Referrals to Ontario Municipal Board In 1995, subsequent to Council's decision to defer consideration of the application for plan of subdivision and rezoning until the approval of the Clarington Official Plan, the applicant appealed or referred the following to the Ontario Municipal Board (OMB): • the application to amend the Official Plan of the former Town of Newcastle; • the subject application for draft plan of subdivision 18T-94027; • the subject application for rezoning DEV 94-067; • the southerly application for draft plan of subdivision 18T-92014; and, • the southerly application for rezoning DEV 92-033. The applicant has also referred the following portions of the Clarington Official Plan to the OMB: • the low density housing unit targets for Hancock and the Courtice urban area, and the corresponding totals; • the population figure for the Hancock Neighbourhood; and, • Section 14.4.3, which requires a minimum setback for development from natural features , and Environmental Protection areas other than stream valleys. In order for the OMB to deal with all matters related to these applications for development, the applicant also referred the above-noted 1997 application for Official Plan Amendment (COPA 97-007) to the Board. Two prehearing conferences have been held to address these referrals. In addition to the 629 REPORT NO.: PD- 87-98 PAGE 6 Municipality and Courtice Heights Developments, which are parties to the hearing, the following persons have identified to the Board their interest in participating at the hearing: Libby Racansky Kerry Meydam Linda Gasser Mark & Heather Roper Bob Kreasul The Ropers and Bob Kreasul are associated with Faith United Church and their concerns were dealt with through Amendment No. 3 to the Official Plan. A third prehearing has been set for September 24, 1998. It is staffs desire to have all issues resolved and Council's final position on these applications set by this hearing date. To this effect, staff have been working with the applicant and the commenting agencies to achieve a resolution between parties. 3.5 Neighbourhood Design Plan A draft Neighbourhood Design Plan was prepared by the applicant as required by the Clarington Official Plan (see Attachment No.3). Such a Plan is required to be approved prior to Council granting approval for draft plans of subdivision. The draft Neighbourhood Design Plan was circulated to various agencies and departments for comment. A Public Information Open House was also held on February 25, 1998, to obtain input from the neighbourhood residents and interested parties. The Neighbourhood Design Plan will be finalized shortly. 4. PUBLIC NOTICE AND SUBMISSIONS 4.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, written notice was given as follows: • Public Meeting signs-for the revised application were installed on the lands subject to- draft plan of subdivision; and 630 REPORT NO.: PD- 87-98 PAGE 7 • written notice was circulated to all assessed property owners within 120 metres of the subject lands, and to all interested parties identified through the previous applications. 4.2 As of the writing of this report, three verbal inquiries have been received, all requesting clarification of the proposed development and the procedures for approval. 4.3 Written comments about development in the area, have been received from Friends of the Farewell. The following concerns have been raised: • increase in population; • increase in unit counts; • removal of forested areas; • environmental sensitivity of the neighbourhood; • depletion of groundwater; • reducing the developer's costs in order to lower density; • cumulative impacts of development such as flooding, erosion and water quality decline; and, • watershed study request for the Farewell/Black Creek watershed area. 5. OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan a The subject property is designated as a Living Area, with indications of Environmentally Sensitive Areas, within the Durham Regional Official Plan. Lands designated for Living Areas shall be used primarily for housing purposes. Environmentally Sensitive Areas "shall be given paramount consideration in light of their ecological functions and scientific and educational values". The Regional Official Plan also contains policies about development with regard to the cumulative impact on the environment, the maintenance of connected natural systems, and the impacts on environmental features and functions. 5.2 Clarington Official Plan The Clarington Official Plan designates the Hancock Neighbourhood as predominantly low 631 REPORT NO.: PD- 87-98 PAGE 8 density Urban Residential. There are two Medium Density symbols identified north of Nash Road on the east side of Courtice Road while one Medium Density symbol located south of Nash Road has already been developed. The valley lands associated with Black Creek, and its tributaries, are designated Environmental Protection Area. A large woodlot in the north east corner of the neighbourhood and a smaller woodlot in the southwest quadrant have also been designated as Environmental Protection Areas. The predominant use within the Urban Residential designation is for low density housing purposes. The Environmental Protection Areas, and their ecological function, are to be preserved and protected from the effects of human activity. No development is permitted on these lands. Map C1 of the Clarington Official Plan shows the entire neighbourhood as falling within the Lake Iroquois Beach. Hazard lands and a small portion of Tableland Woodlots are shown associated with Black Creek, its tributaries, and the associated valleylands. Tableland Woodlots have also been identified in the northeast corner of the neighbourhood, in the southwest quadrant, and at the eastern boundary midway up Hancock Road. The Lake Iroquois Beach is identified in recognition of its extensive forested areas and wildlife habitat, and its locally significant functions of ground wader discharge and recharge. This proposed plan of subdivision is designated Urban Residential with a Medium Density symbol. The site also contains part of the collector road network for the Neighbourhood. 6. ENVIRONMENTAL REPORTS 6.1 Assessment of Groundwater Recharge and Discharge Hancock Neighbourhood is underlain by three groundwater flow zones — the shallow overburden flow zone, the deeper overburden flow zone, and the bedrock flow zone. The shallow overburden flow zone, which-extends-to a depth 'of 6'metres, is characterized by a high water table which lies approximately 1 metre below the surface. Groundwater from this 632 REPORT NO.: PD- 87-98 PAGE 9 zone is discharged seasonally to an intermittent tributary which flows through the Neighbourhood. The report indicates that groundwater flow in the shallow zone does not contribute directly to the maintenance of baseflow to Black Creek. The deeper (intermediate) overburden flow zone extends to a depth of approximately 40 metres. Groundwater in this zone is recharged primarily from the Oak Ridges Moraine, and contributes baseflow to the main branch of Black Creek. The wells within and adjacent to the Neighbourhood receive most of their water supply from the intermediate aquifer. The bedrock flow zone is recharged primarily by groundwater flow from the Oak Ridges Moraine. Most of the flow in this zone discharges to Lake Ontario and does not provide significant baseflow contribution to Black Creek. There are 124 wells within and adjacent to Hancock Neighbourhood — 95 are bored wells with an average depth of 5.6 m, while the balance are drilled to an average depth of 22 m. Water yield from all wells is good, although a number of the bored wells experience seasonal V shortages. Due to the presence of relatively impermeable deposits on Hancock Neighbourhood, the groundwater contribution from the Neighbourhood is negligible in comparison to the groundwater recharge which occurs on more permeable soils to the north. The report concludes that the proposed developments will have negligible impact on baseflow conditions in Black Creek and on the aquifer yields supplying domestic water wells. However, the report recommends a number of mitigative measures to offset the impact of incremental development within the Black Creek watershed. These measures include discharging precipitation collected on roofs to grassed surfaces, minimizing the compaction of fill, the installation of infiltration trenches along rear lot lies, and the installation of seepage barriers in service trenches to prevent piping of groundwater. 633 REPORT NO.: PD- 87-98 PAGE 10 6.2 Environmental Impact Report (EcoPlans Limited) The vegetation communities found in Hancock Neighbourhood generally reflect the presence of the high water table which underlies most of the neighbourhood, as well as the effects of human use. The woodlots on the two land parcels owned by Courtice Heights were cleared prior to the submission of the development applications. Two significant vegetation communities are found in the Neighbourhood — the 15 ha broadleaf woodlot in the northeast corner, and the old field succession/wet meadow complex to the southwest of the woodlot. Broadleaf Woodlot This woodlot is the most significant vegetative feature in the Neighbourhood. It is characterized by mature mixed hardwoods and successional species of varying ages and sized, and a fairly diverse and intact native ground flora. The woodlot provides habitat for a variety of forest interior birds and also provides a linkage function between adjacent off-site woodland blocks to the north and east, and the core area of the Trulls Woods to the west. Portions of the woodlot have been disturbed by previous logging practices. The woodland edges are "pre- stressed" (i.e. tolerant/adaptable) as the result of land clearing activities on the adjacent parcels owned by Courtice Heights Developments. A well-developed understorey which has regenerated along the edge acts as a buffer to the woodland interior. The report indicates that urban development on adjacent lands should not have a significant impact on the hydrology of the woodland since the proposed subdivision will be located down-gradient of the woodland, although the water table may be reduced somewhat at the woodland edge. Other potential impacts on the woodland block were noted, including construction impacts to woodland edge trees, increased predation pressure on sensitive wildlife by domestic pet and urban-tolerant wildlife species, increased pedestrian access to the woodland and the "annexation" of woodlot edges into rear lot areas. F A number of measures are recommended to maintain the overall integrity and linkage functions of the woodlot.--=These include the installation of fencing along the dripline (i.e: property line) of the woodland edge prior to site grading to minimize construction impacts and 634 REPORT NO.: PD- 87-98 PAGE 11 to limit access to the woodlot. The grading of rear lots should maintain the pre-development drainage regime within the woodland edge, and grade changes along the woodlot edge should be minimized to avoid damage to roots. Other recommended measures include the installation of signage and the implementation of an environmental stewardship program to educate future residents on maintenance of woodlot values. Old Field Succession/Wet Meadow Complex This community, which is associated with a seasonally high water table, groundwater seepage and an intermittent tributary, consists of early successional species growing on poorly drained soils. This habitat type is uncommon in this area, and four regionally uncommon plant species which prefer this habitat were identified on this site. This community also provides habitat for a typical variety of common edge and generalist wildlife species. The retention and maintenance of ephemeral wet meadow habitat in an urban setting can be difficult if the water table is lowered. However, the implementation of mitigation measures recommended by the hydrogeological consultant should ensure that the moisture regime after the development of the proposed subdivision should be suitable for the maintenance of the wet meadow community. The trampling and picking of flowers by residents and the invasion of aggressive weedy species will also adversely affect the wet meadow community. Even without urban development, the wet meadow would eventually cease to exist as the result of succession to woody species. As well, the ultimate development scheme for the Neighbourhood as recommended by the Hancock Neighbourhood Design Plan indicates that the majority of this community will be removed by a north-south collector road and residential development. It is important to note that the property on which this vegetative complex is located is located is not owned by Courtice Heights Developments, and is not subject to the current development proposals. The environmental impacts report recommends that a permanent chain-link fence be installed around the property to control access to the property. Specific 635 REPORT NO.: PD- 87-98 PAGE 12 measures to address the maintenance of this community can be considered at such time as a development proposal is submitted for these properties. These measures could include the salvage of the topsoil/seedbank and re-seeding in suitable municipally owned sites, such as the lands adjacent to the intermittent tributary or the future storm water management pond. Impact on Aquatic Habitat in Black Creek Based on the conclusions of the hydrogeological report, the development of Hancock Neighbourhood is not expected to significantly affect the baseflow conditions which maintain potential fish habitat conditions in Black Creek. Water temperature monitoring in the adjacent stretch of Black Creek has indicated conditions too warm for brook or brown trout, but generally suitable for rainbow trout. The report concluded that rehabilitation efforts along the creek, including establishment of riparian cover, will not sufficiently reduce the summer temperature regime to permit the return of resident brook trout populations. 6.3 CLOCA Comments on Reports The Conservation Authority noted that, prior to final approval of the subdivision plans, the proponent should prepare detailed design and implementation plans for the proposed measures intended to mitigate the impact of the two proposed subdivisions on the environmentally sensitive/significant vegetation units and wildlife habitats. a The adjacent reach of Black Creek which will receive future urban runoff flows from the subject site exhibits characteristic 'cool water' conditions, supporting both warm and coldwater fish species. The Authority noted that the storm water management plan for the proposed developments will need to include measures to regulate the thermal impact of storm water discharge to Black Creek in addition to more typical quality and quantity controls. The development site currently contributes to the flow regime of a small drain traversing numerous private properties downstream. This drainage feeds ponds and assists in the maintenance of off-site wet meadows and other environmentally sensitive features. The Authority indicated that flows through this.minor tributary must be maintained until such time 636 REPORT NO.: PD- 87-98 PAGE 13 as mitigation measures aimed at preserving some of these attributes can be implemented. The Conditions of Draft Approval for the proposed subdivision recommended by the Authority are outlined in Section 7.7 of this Report. 7. AGENCY COMMENTS 7.1 The application was circulated to various departments and agencies for comment. Comments of no objection were received from the Durham Regional Health Department, the Clarington Community Services Department, Bell Canada, and Canada Post. 7.2 Ministry of Citizenship, Culture and Recreation The Ministry of Citizenship, Culture and Recreation had confirmed that the subdivision had been identified as having a high potential for the discovery of archaeological remains. The Ministry requested that the applicant provide an archaeological assessment of the site, which was conducted and submitted in 1995. No remains were found and the Ministry is now satisfied that concerns for cultural heritage resources have been met. 7.3 Ministry of Transportation . 4 The Ministry of Transportation has no objection to approval of the plan of subdivision as the technically preferred route for the Oshawa/Clarington freeway Link does not physically impact on the site. 7.4 Region of Durham The Durham Regional Planning Department have advised that they will not be forwarding comments to the Municipality as the applications have been referred to the Ontario Municipal Board. Their comments will be provided directly to the OMB through direct testimony. R The Regional Works Department considers the draft plan of subdivision to be non-sequential with respect to the provision of regional sanitary sewer and water services. However, they have no objection to the further processing of the application. The following comments were 637 REPORT NO.: PD- 87-98 PAGE 14 provided to the OMB along with a list of the conditions of draft approval: • Municipal water supply will require an extension of a 300 mm watermain on Courtice road from Nash Road to approximately 800 metres north of Nash. A second watermain feed will be required from Nash Road, through the south plan of subdivision (18T- 92014), and on easements to be obtained by the applicant, to the south limit of plan 18T-94027. • The proposed development is on a two way sanitary sewage drainage area. The lands can drain south, along Courtice Road, then westerly through easements, which must be obtained, to the sanitary sub-trunk sewer situated at Trulls Road and Nash Road. Alternatively, they can drain south through acquired easements, to the sub-trunk sewer located on Nash Road at Fewster Street. • The revised plan shows a permanent access to Courtice Road from Street A. A 10m x 5m-sight triangle is required at this intersection. 7.5 Clarington Fire Department The Clarington Fire Department has noted that the area is serviced by part-time firefighters after 6:00 pm daily. At present population levels their service is strained. They request that all required services should be in place before any future growth is approved in Courtice. They have offered no objection but request that any future residents be informed that this area will be served by part-time staff. This concern will be addressed through any conditions of draft plan of subdivision approval. 7.6 Clarington Public Works Department The Clarington Public Works Department provided extensive comments and conditions of draft approval including the following major remarks: • the applicant will be responsible for the implementation of all traffic related improvements 638 REPORT NO.: PD- 87-98 PAGE 15 deemed necessary by the Director of Public Works as indicated by the Hancock Neighbourhood Plan Site Traffic Analysis. The timing and implementation of traffic control measures shall be determined by the Director of Public Works. • the applicant must construct to full municipal standards, the extension of Street "A" which is a connecting link for the north limit of plan 18T-92014 to the south limit of this plan. • the applicant will be required to make payments to the Municipality in the amounts stated in a front ending agreement between the Municipality and Macourtice Developments Inc. The payment is required as a result of the over-sizing of storm sewers associated with Registered Plans 40M-1675 and 40M-1693 which enable the development of these lands to proceed. The applicant will also be required to purchase Block 77 in Registered plan 40M-1675 for the construction of storm water management works for the watershed. • the plan of subdivision cannot be registered until such time as draft plan of subdivision u 18T-92014 has been developed and the internal roads and infrastructure have been constructed to the satisfaction of the Director of Public Works. • the phasing of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed,-external servicing and the construction and funding of the external road improvements. • the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized and the approved location must not adversely impact upon the roads, parks or parkettes located within the Hancock Neighbourhood. • the applicant will be responsible to construct, or contribute toward, downstream erosion protection works which, in the opinion of the Director of Public Works, are caused or aggravated by this development. 639 REPORT NO.: PD- 87-98 PAGE 16 • the development cannot proceed until such time as the Municipality has approved the expenditure of funds for: i) the provision of roads, street lighting and sidewalk improvements along Courtice, Nash and Hancock Roads; and ii) the construction of the Parkette (Block 125). 7.7 Central Lake Ontario Conservation Central Lake Ontario Conservation requested that prior to any on-site grading, or construction, or final approval of the plan of subdivision, the owner shall submit to, and obtain approval from CLOC for reports describing the following: • the intended means of conveying stormwater flow from the site; • the anticipated impact of the development on water quality; and • the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. In addition, prior to final approval of the plan, or any site alteration of the property, the applicant shall submit and obtain approval of: • forest edge management plans for-lo*ts 1 to 22; • detailed design and location plans o all groundwater infiltration measures to be incorporated on the sites; and, a • an environmental construction management plan which details the construction timing and specification for all environmental impact mitigation measures. Finally, CLOC requests that the subdivision agreement between the applicant and the Municipality shall contain the following conditions: • the owner agrees to develop the plan in accordance with the plans, reports and recommendations as required in the foregoing; and, • prior to any construction occurring on lots 1 to 22 the owner agrees to install fencing along the east property limits of the lots. 640 REPORT NO.: PD- 87-98 PAGE 17 7.9 Separate School Board The Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board requests that sidewalks be provided along all internal streets to accommodate children walking to the separate elementary school south of Nash Road. They also request that traffic control measures be provided to ensure safe pedestrian movement from the development north of Nash Road to the school site. Signalization and crosswalks should be located at the intersection of Nash Road and Street A. 7.10 Kawartha Pine Ridge District School Board The Kawartha Pine Ridge District School Board has requested that this plan of subdivision not be approved until plan of subdivision 18T-92014, which contains the school site, is approved. 8. STAFF COMMENTS 8.1 Environmental Issues Concerns has been expressed by the Conservation Authority and area residents regarding the potential impact of the proposed subdivisions on sensitive environmental features in Hancock Neighbourhood and aquatic habitat in Black Creek, as well as water supply to area wells. In particular, these concerns have focused.on the possible lowering of the water table as the result of urban development and more direct impacts to on-site vegetation communities as the result of construction activities and the activities of futuXe residents. A number of reports have been submitted by the proponent to identify the anticipated nature and level of these impacts and to recommend measures to mitigate such impacts. Many of the proposed mitigation measures are straightforward and easily implemented, such as the installation of fencing to control access. However, other measures such as infiltration trenches and measures to protect agairist thermal impacts on water quality require detailed design work. As noted by the Conservation Authority, the proponent must prepare detailed implementation plans for each of the proposed mitigation measures to ensure that they are not only effective, but in fact, they are implemented in the manner intended. In This regard, Staff concur with the Authority's suggestion that the proponent develop an Environmental 641 REPORT NO.: PD- 87-98 PAGE 18 Construction Management Plan, to the satisfaction of the Authority and the Municipality. This Plan would specify how each of the proposed mitigation measures would be implemented, including project management, site supervision and follow-up monitoring. 8.2 Neighbourhood Design Plan The Clarington Official Plan requires the preparation of a Neighbourhood Design Plan prior to the consideration of any plan of subdivision. The Clarington Official Plan states that "a neighbourhood design plan is a visual interpretation of the future development of an entire neighbourhood". Although these plans do not require council approval, they are to be utilized by staff in reviewing subdivision applications for the specific neighbourhood. They will also illustrate, for perspective purchasers, the land uses proposed in the balance of the neighbourhood. The Plans are intended to detail the following: • all road alignments within a neighbourhood, including right-of-way widths and required widenings; • any walking or cycling trail systems; as well as future transit routes; • the location of school, park and open space blocks, including storm water management blocks; and, • lotting patterns and densities. An information report was presented to Council on October 21, 1996, advising of the applicant's submission of an application to approve the Hancock Neighbourhood Design Plan. As a result of consultation with staff, and the circulation and subsequent revision of the draft plans of subdivision within the neighbourhood, the Neighbourhood Design Plan has been revised (Attachment No.3). Staff will be finalizing the Neighbourhood Design Plan with the applicant upon receipt of the outstanding agency comments. 8.3 Growth Management Section 5.3.6 of the Clarington Official Plan states that in considering an application for 642 REPORT NO.: PD- 87-98 PAGE 19 approval and phasing of residential development the Municipality shall seek to ensure, among other matters the sequential development of neighbourhoods and the prevention of"leap frogging" of vacant lands. The Official Plan also states that in the approval of a draft plan of subdivision, the Municipality will recommend appropriate conditions to implement the policies of Section 5.3.6, and final approval for registration of any plan of subdivision, in whole or in part, may not be granted unless the Municipality s satisfied that the principles of Section 5 have been meet. Section 5.3.9 gives Council the authority to declare a residential draft plan of subdivision to be premature and recommend that it not be approved if any of the following apply: • the plan does not implement the principles contained in Section 5.3.6; • the municipal wide non-residential assessment is less than 15 percent of total assessment; • the capital works services required to service the lands and the future residents are not within the Municipality's current capital budget or 10 year capital works forecast; or • Council is of the opinion that the Municipality's administrative and financial resources are not sufficient to provide an adequate level of service for those residents who would be accommodated in the proposed plan of subdivision, as well as to provide and maintain an adequate level of services for existing residents and residents who will live in developments which have been approved by the Municipality. Staff will be reviewing this issue in detail prior to making a recommendation to Council. Both Regional and Clarington Public Works Departments have noted the non-sequential nature of this plan of subdivision and have indicated additional requirements that the applicant must satisfy to enable the development of these lands. It is also noted that the required works to I service this plan of subdivision are not in the current 10 year capital works forecast. 8.4 Density Issues These applications for draft plan of subdivision and rezoning were originally filed in 1992. In 643 REPORT NO.: PD- 87-98 PAGE 20 the same year the applicant also filed for an Official Plan Amendment to the former Town of Newcastle Official Plan. The population figure set under the former Official Plan was 1900 persons in total for the entire neighbourhood. The applicant sought to change this population target to 4585 persons. The issue of density has been the primary reason for the series of revisions to the original application. The review and subsequent approval of the Clarington Official Plan resulted in a population increase from 1900 persons to 2800. While this is an increase over the original Official Plan, the original densities were not feasible under current conditions. However, in recognition of the severe environmental constraints in this neighbourhood, staff proposed using a lower density factor in the Hancock Neighbourhood than in other parts of Courtice. The lower density was in part, to provide larger lot sizes which could incorporate existing vegetation features and allow for greater infiltration of storm water. The applicant and Staff have agreed on a target of 985 residential units (up 10 from the proposed Official Plan) and 2900 persons (up 100 from the proposed Official Plan). The greater increase in persons is due to the use-of more single detached units which yield a greater population per unit than the medium density units. The gross residential densities are as follows: All Hancock Neighbourhood 12.58 uph (5.09 upa) New Development Areas 12.30 uph (4.98 upa) Courtice Heights Lands 13.52 uph (5.5 upa) 8.5 Parking Issues A concern has been raised by Council on the issue of on-street parking within urban neighbourhoods. It is noted that, the applicant has submitted a parking plan, prepared by G.M. Sernas and Associates, for the Clarington Public Works Department review 'and comment. 644 REPORT NO.: PD- 87-98 PAGE 21 9. CONCLUSION 9.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act as well as to provide the status of the applications. Respectfully submitted, Reviewed by, �r c�- Franklin Wu, M.C.I.P., R.P.P. W.H. tockwell, Director of Planning & Development Chief Administrative Officer. IL*DC*FW*cc 07 July 1998 Attachment No.1 - Draft Plan of Subdivision ,Attachment No.2 - Key Map Attachment No.3 - Draft Neighbourhood Design Plan Interested parties to be notified of Council and Committee's decision: WDM Consultants Bob Kresul 20 Clematis Road 41 Living Court, Willowdale, Ontario M2J 4X2 Courtice, Ontario L1 E 2V6 Stan & Libby Racansky Brian Strong 3200 Hancock Road 3151 Courtice Road Courtice, Ontario L1 E 2M1 Courtice, Ontario L1 E 21-18 Pam Callus Doug Dearden 3452 Courtice Road 3163 Courtice Road Courtice, Ontario L1 E 21-6 Courtice, Ontario L1 E 21-18 Linda Gasser Mr. T. Givelas P.O. Box 399 7 Fewster St. Orono, Ontario LOB 1 MO Courtice, Ontario L1 E 2V7 Kerry Meydam Pat MacDonald 3828 Trulls Road 1834 Nash Road Courtice, Ontario L1 E 21-3 Courtice, Ontario L1 E 2M2 Mark Roper Andre Nadler 101 Kingswood Drive 1828 Nash Road Courtice, Ontario L1 E 1G3 Courtice, Ontario L1 E 2M2 645 ATTACHMENT N0.1 L`T' COPT/ E3 C 1 SO N � o p it r " ara 69 ar- a •T - a ,o 1 I rs f9 " ° t3r "19 + ' " ; q tLs" 9 E ^ S , a V Y D t t `E CO wit 11 �Y`\ Y IlSYU Y r / zc S mil. SL �\ 5 7 ��mdg A Y - �--• •— •�• '• C C a C C C C� c c C 11-'. 27 OR IM ay.rrs i > / 0. —I i (( •oa aA I/ lift �it ��1' EE� D ± y s 1 ii� X11 ! i Fr s r ' =t�tp� cfZ 7(A�o"1v°y �i 17i 3C(ia3:A'Oyo cfl n 3 2.z<roo (( ■ a n ap09 t 1 tt ZO 1p cnn<r � II 1 t b L b F -i 'o Oz < =�SSiC � iL I T WZ 646 i ATTACHMENT NO, 2 LOCATION MAP LOT 29 LOT 28 LOT 27 18T-9402 -- 18T-92014 r7 z O o U) (n O Lv � U z Y o cuRHCw RCNa U O 2 2 ( U :l I 4 M-sruaRc S7R 7 I W RW ROAD couR7xc aveuc $ N sccavaW sumac z uRrce U common couu7um � com cx t U) W U z o � �.._ WAY 2 G HANCOCK COURTICE NEIGHBOURHOOD KEY MAP COURTICE HEIGHTS 98-003 DEVELOPMENTS SITES 647 W-11 ar.1101 Mal III H Z0,69 pso Wbw 071-0 lXW wc- xz �n "fxRSft' ei o � NIFN iMMEW am FA Ell ®� •o, e � -'�,,-c;�`�-` rte-s�i �`m �pv� ba Ism cm INC. sw Nam mm -ice `s t? ^�dz�i .(.S� FSJ6� �� • 5 • � i xv . ON �' zF Fil.,OE 110 gale., f L �i-u�yr ter- v •-as'� yi5� �� 3,,� Lcn�0 c}-�S'`�st�r c� r ME Oil -wl * 4� + • • �fpr�A iy"• • • DN: PD-88-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: July 13, 1998 Res. # Report #: PD-88-98 FILE #: DEV 97-093 By-law # Subject: REZONING AND SITE PLAN APPLICATIONS APPLICANT: HARRY SCHILLINGS PART LOT 24, CONCESSION 8, FORMER TWP. OF CLARKE 8226 HWY # 35/115 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-88-98 be received ; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 submitted by Harry Schillings by APPROVED and that the appropriate By-law be passed; 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Harry Schillings 1.2 Agent: Irwin Hamilton 1.3 Application: From "Agricultural Exception (A-1) Zone" to an appropriate zone permitting the extension of the existing parking area and providing additional area for a new septic system 1.4 Area subject to rezoning: 1.7 hectares (4.2 acres) 650 REPORT NO.: PD-88-98 PAGE 2 2. LOCATION 2.1 The subject lands are located at 8226 Highway#35/115 on the west side of the highway. The applicant is proposing to rezone a 1.7 hectare (4.2 ac) area. The property in legal terms is known as Part Lot 24, Concession 8, in the former Township of Clarke. 3. BACKGROUND 3.1 On December 5, 1997, Irwin Hamilton filed an application on behalf of Harry Schillings with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63. The purpose of the application is to change the current zoning from "Agricultural Exception (A-1) Zone"to permit the extension of the existing parking area and provide additional area for a new septic system. 3.2 A Public Meeting was held on February 16, 1998 for the application at which time no one appeared either in support or objection to the proposal. Only one general inquiry has been received regarding the application. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant Land 4.2 Surrounding Uses: East: 'Highway commercial development North: Rural residential West: Agricultural lands South: Agricultural lands 5. OFFICIAL PLAN POLICIES 5.1 Within the Durham Region Official Plan, the subject lands are designated "Oak Ridges Moraine". Section 20.4.4 allows for the continuation, expansion, or enlargement of uses which do not conform to xhe exisiting designations and provisions of the Plan subject to the following requirements. • the uses shall have no adverse impact on the present surrounding uses or the implementation of the Plan; r regard is had for the Agricultural Code of Practise; • the uses are accessible through an open and maintained public road; and, • all conditions contained within the local official plan are fulfilled. 5.2 The subject lands are designated "Oak Ridges Moraine" within the Clarington 651 REPORT NO.: PD-88-98 PAGE 3 Official Plan. Although the proposed uses are not permitted, Section 23.5.4 allows for the continuation, expansion, or enlargement of uses which do not conform to the existing designations and provisions of the Plan subject to the following requirements: • it is not feasible to relocate the existing uses: • the changes do not aggravate the existing situation or impact the ability to implement the Plan or Zoning By-law; • the size is appropriate in relation to the existing legal non-conforming uses; • it does not cause a public nuisance or impact public health; the neighbouring conforming uses are protected through landscaping or buffering; and, • it shall not adversely impact traffic, access, or parking in the vicinity. Based on a review of these criteria, the application appears to conform to the Official Plan policies. 6 ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural Exception (A-1) Zone" which only permits agricultural uses. As the proposed used does not comply with the zoning by-law, a rezoning application for the property is warranted. 7 AGENCY COMMENTS 7.1 The application was circulated to solicit comments from relevant commenting agencies. The Clarington Fire Departmenti"Durham Region Planning Department, Durham Region Public Works Department, and the Durham Region Health Department have no objections to the application. 7.2 The Clarington Public Works Department had requested a revised plan which indicated the precise limits of the parking area to be provided. On the basis of the revised plan, they have no objections to the proposal. 7.3 The Ganaraska Region Conservation Authority has no objections to the rezoning application in principle. Sedimentation controls should be placed on the Ministry of Transporation drainage swale during construction. This condition should be incorporated into the site plan agreement. 7.4 The Ministry of Transporation has no objection to the rezoning application in principle provided the following conditions are fulfilled: • No additional access to Highway #35/115 will be permitted; • A grading and drainage plan indicating the intended method of treatment 652 REPORT NO.: PD-88-98 PAGE 4 must be submitted for review. The grading must not impact the existing Swale which carries stormwater from Highway #35/115; and, • All illumination must be directed downwards to avoid conflict with traffic on the highway. 7.5 The Ministry of Natural Resources do not provide comments. 8. STAFF COMMENTS 8.1 The purpose of the application is to rezone the subject lands accordingly to permit additional parking for the existing restaurants and convenience store, primarily due to an increase in truck traffic. Parking for trucks will be located around the existing development. The applicant also requires an expanded septic system for the existing commercial activity on the site. Sufficient lands are being rezoned for a septic area as well as a replacement area. Any outstanding agency concerns will be addressed through the site plan approval process. 8.2 There were concerns initially regarding the amount of land which was subject to the rezoning application. As a result, the applicant has reduced the amount of area by two acres. 8.3 The site plan also indicates a diesel fuel cardlock facility on additional lands owned by the applicant at 8246 Highway#35/115 which requires the removal an existing garage. This facility will be `reviewed through the site plan approval process. 8.4 All rezoning applications must now be accompanied by a completed site screening questionaire to determine whether there is a possibility�of contamination on the site. Based on a Phase 1 environmental site assessment report, it is unlikely that there is a significant environmental condition on the property for the following reasons: • The subject property is currently undeveloped and is used for agricultural purposes. • There was no evidence of any hazardous/toxic materials found on the subject lands or adjacent properties. • There is no evidence of gasoline contamination from the two gasoline stations east of the subject lands.' 9. RECOMMENDATIONS r 9.1 Based on the comments provided in this report, Staff would recommend that this application and the amending by-law be APPROVED. The applicant must satisfy all agency requirements prior to site plan approval. 653 REPORT NO.: PD-88-98 PAGE 5 Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. RH*FW*km Attachment #1 - Key Map Attachment#2 - Proposed Site Plan Attachment#3 - Amending By-law Interested parties to be notified of Council and Committee's decision: Harry Schillings 8226 Highway#35/115 Orono, Ontario LOB 1 MO Irwin Hamilton Hamilton & Mutton 1 Division Street P.O. Box 39 Bowmanville, Ontario L1C 3K8 654 ATTACHMENT #1 SUBJECT SITE LOT 25 LOT 2 4 LOT 23 I I I ► II ► I Lo I t- 00 - - - - Z Of O to V I Z (/) O lil I I � U 3:: I I = 0 0 U I I � I I I I ► I I CONCE�5lo DA 8 R I I I , I I ' I I ' I . s Li 0 CLARKE KEY MAP DEV. 97 - 093 655 ATTACHMENT #2 II I I I I \ I I t l •f I ✓ ' j SKETCH 1 OF PMT OF LOT 24,CONCESSION B. ✓ j `� TOOSHIP OF CIARKE,now n the r k MUNICIPAP OF CLARINGTON ✓' t i REGIONAL WKIND OF WR-M `t 1 i w0t•�:500 ✓ ✓ OD N ✓ 1 I ✓ 1 1 ✓ ✓ r ✓ 11 i I --------- ----+ - i I ✓ ✓ • 1 ✓ 1 � 1 I ✓ ✓ I� 1 1 ! 1 1 �. ✓ ✓ 10 I 1 I ✓ I�, r 1 1 ✓ r ,• r ✓ �� ; ✓ h u ✓ i I I H,. 1✓I ✓ „�✓ ., ✓ ✓ i✓ ,r ✓ � �� '� ✓ op i 6 I I t A I ✓ 1 ✓ L I 1 0 I F— / ✓ 10 j J � R ✓l✓ a `1 ✓ i ✓ �4 --1 V U ra so 1 Z 0 ✓ ` ' O I✓ U ✓ ✓ t es° fR° I .YBB. I ✓ J I I i ✓ ! NOTE ✓— 1 crv.�c maa w.K.rm .✓ 1 i n�iorrio�ir r.m rs I t I ( Y mco iot rr. I I Hair•r w¢u.0 I 4 1 I 1 I I E I ,ONTAF60 M 1 i 1 I 0 wowwr a w Y tow"N 5%m 656 ATTACHMENT #3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- being a by-law to amend By-law 84-63,theComprehensive By-law for the Corporation of the Municipality of Clarington. WHEREAS,Council of the Corporation of the Municipality of Clarington deems it advisable to amend By- law 84-63,as amended,of the Corporation of the former Town of Newcastle in accordance with application DEV 97-093 to facilitate an expansion of the parking area and permit the construction of a private waste disposal system to serve existing commercial uses. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Schedule"2" to By-law 84-63,as amended,is hereby further amended by changing the zone designation from: "Agricultural Exception(A-1)Zone" to"Special Purpose Commercial Exception(C4-10)Zone" as shown on the attached Schedule"A" hereto. 2. Schedule"A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof,subject to the provisions of Section 34 of the Planning Act,R.S.O. 1990. By-Law read a first time this day of 1998. By-Law read a second time this day of 1998. By-Law read a third and finally passed this day of 1998. Mayor Clerk 657 This is Schedule "A" to By-law 98- , passed this day. of , 1 998 A.D. 90.80 0 0 c0 co Ln 0 0 45.72 0 8 4 LO 615 1`0 O� T G }. 60.00 15.24 = 0 `} N c0 1,- LO to 122.20 ZONING CHANGE FROM "A"I TO "C4-10" 0 . 25 50m p6rr >� Mayor 25m 0 Clerk ® SUBJECT SITE LOT 25 LOT 24 LOT 23 I I I I 00 1 I p I Q Z af N ii ZO W II Q U II Z I I o O I I = I I I I I I I it II II N CONCES�S�10 ROAD 8 Li CLARKE 658 DN: PD-89-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: PD-89-98 FILE #: 18T-91013 By-law # Subject: KIDDICORP INVESTMENTS LTD. SAGEWOOD SUBDIVISION — 40M-1741 CERTIFICATE OF RELEASE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-89-98 be received ; 2. Pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Kiddicorp Investments Ltd., the Municipality has no objections to the issuance of the "Certificate of Release"; 3. THAT the Mayor and Clerk be authorized by By-law to execute, on behalf of the Municipality of Clarington, the "Certificate of Release"; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 The Municipality entered into a Subdivision Agreement, registered on title October 10`h, 1993, with Kiddicorp Investments Ltd. to develop the lands by plan of subdivision described as 18T-91013. Registration proceeded under Plan 40M-1741. 1.2 Paragraph 5.26 within the Agreement, entitled "Requirements for Certificate of Release" states that the Municipality agrees to provide the Owner with a written release from the Agreement, for the said lands, in a form suitable for registration in the Registry for the Land Titles Office at such time that the following items have been confirmed. (1) The Certificates of Acceptance has been issued for all of the works; 661 REPORT NO.: PD-89-98 PAGE 2 (2) A registered Ontario Land Surveyor, approved by the Municipality, has provided the Municipality with written confirmation that at a date not earlier than the end of the maintenance period described herein, he has found or replaced all standard iron bars as shown on the Plan and survey monuments at all block corners, the end of all curves, other than corner rounding, and all points of change in direction of roads on the Plan; and, (3) The Municipal Council has, by resolution, declared that the Owner is not in default of any of the provisions of this Agreement. The Certificate of Release shall operate as a discharge of the land described therein of all obligations of the Owner under this Agreement with the exception of the Owner's responsibility for drainage as provided therein and the Owner's acceptance of the conditions for applying for municipal building permits as provided therein. 1.3 Staff would note that within the Subdivision Agreement, Paragraph 3.13(3) confirms that the Owner shall reimburse the Municipality for all reasonable legal expenses incurred for the preparation and registration of this Agreement, as well as the legal services contemplated by the terms of the Agreement; including the preparation of any release. 2. STAFF COMMENTS 2.1 Staff would confirm that the first two requirements, being the issuance of the "Certificate of Acceptance" and the Municipality's receipt of an Ontario Land Surveyor's confirmation, have been completed. r 662 REPORT NO.: PD-89-98 PAGE 3 2.2 Council, at their September 15, 1997 meeting, endorsed Staff Report WD-54-97 and authorized the issuance of a "Certificate of Acceptance" for the final works which included the final stage roads and other related works constructed within Plan 40M- 1741. Staff would note the last Certificate of Acceptance for the stormwater management system was issued June 17, 1998. 2.3 In addition to the Municipality's receipt of the Ontario Land Surveyor's Certificate for the Plan, the Public Works Department advises that the requirements of the Subdivision Agreement have been completed to the satisfaction of the Director of Public Works. 2.4 In consideration of the above, Staff has prepared the necessary Certificate of Release, save and except the Owner's responsibility for drainage as provided within the Agreement and the Owner's acceptance of the conditions for applying for municipal building permits. 3. RECOMMENDATIONS 3.1 In consideration of the above, Staff would have no objections to the issuance of the Certificate of Release for 40M-1741. Respectfully submitted, Reviewed by, (3 r C,_� Lk 4m�� Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. LT*FW*df June 24, 1998 Attachment No. 1 - Release Agreement Attachment No. 2 - By-law Attachment No. 3 - Key Map 663 REPORT NO.: PD-89-98 PAGE 4 Interested parties to be notified of Council and Committee's decision: Kiddicorp Investments Ltd. 1748 Baseline Road COURTICE, Ontario L1E 2T1 0 664 ATTACHMENT NO 1 RELEASE THIS INDENTURE made(in triplicate)this day of 11998. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the"Corporation"OF THE FIRST PART and- KIDDICORP INVESTMENTS LTD. hereinafter called the"Owner"OF THE SECOND PART WHEREAS the Owner entered into a Subdivision Agreement with the Corporation dated the 28th day of June, 1993 and registered in the Registry Office for the Land Titles Division of Newcastle(No. 10)on the 10th day of November, 1993 as Instrument No. LT656136 which Subdivision Agreement affects the lands more particularly described in Schedule "A" attached hereto; AND WHEREAS the Owner has satisfied all the terms and conditions contained in the said Subdivision Agreement with respect to the property described in Schedule"A"; AND WHEREAS the Corporation has agreed to release the Owner from the above referred to Subdivision Agreement as same affects the lands described in Schedule"A"attached hereto; NOW THEREFORE in consideration of the same of TWO ($2.00) dollars now paid by the Owner to the Corporation, the receipt of which is hereby acknowledged the Corporation does hereby release and forever discharge the Owner,their successors and assigns, all of the property described in Schedule "A" attached hereto from the burden of the hereinbefore recited Subdivision Agreement as set out in Instrument No. 1672, with the exception of the Owner's responsibility for drainage as provided therein and the Owner's acceptance of the conditions for applying for building permits as provided therein. IN WITNESS WHEREOF the Corporation has hereunto affixed its corporate seal duly attested to by the signatures of its proper officers duly authorized in that behalf. MAYOR CLERK 665 DESCRIPTION SCHEDULE"A" ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Clarington, in the Regional Municipality of Durham and Province of Ontario,and being composed of parcels Plan 40M-1741 666 ATTACHMENT NO 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to authorize the Release of an Agreement with Kiddicorp Investments Ltd.and the Corporation of the former Town of Newcastle, now the Municipality of Clarington, for the development of Plan of Subdivision 18T-91013, (now Plan 40M-1741) The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington,and seal with the Corporation's seal, an Agreement between Kiddicorp Investments Ltd. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality,the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this 13TH day of July 1998 BY-LAW read a second time this 13TH day of July 1998. BY-LAW read a third time and finally passed this 13TH day of July 1998. MAYOR CLERK t 667 ATTACHMENT NO 3 SUBJECT SITE LOT 14 LOT 13 KING STREET WEST Lo PAP 1 G J 0 z O ° RE I -' .� LA I E — z I z O O � U w o cr > J O BOWMANVILhE 40M-1 741 KEY MAP 668 DN: PD-90-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: PD-90-98 By-law # Subject: SEMI ANNUAL REPORT ON SITE PLAN ACTIVITY JANUARY 1, 1998 TO JUNE 30, 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-90-98 be received for information. 1. BACKGROUND 1.1 The purpose of this report is to provide Committee a "status information" report with respect to site plan applications that have been submitted for approval. This is an information report which is provided on a semi-annual basis. 1.2 Pursuant to By-law 90-130, plans and drawings are required to be approved for any building or structure prior to issuance of building permits except for those exceptions set out in the By-law. The same by-law delegates the approval authority to .both the Director of Planning and Development and the Director of Public Works. 1.3 Except for additions or minor expansions, a site plan agreement is generally required for a proposed development to ensure the location of all buildings and structures, landscaping, access permits, parking areas, signage and grading etc., will be performed according to the approved plan. In addition, it is through the site plan approval process that the Municipality collects its cash-in-lieu of parkland dedication, road widening, performance guaranted etc. Each agreement is registered on title and is enforceable against present and future owners. 672 REPORT NO.: PD-90-98 PAGE..2 2. ACTIVITIES 2.1 Attachment No. 1 details site plan applications received and all site plan agreements approved between January 1, 1998 and June 30, 1998. 2.2 During this period fifteen (15) site-plan applications have been approved for a variety of different uses as shown on Attachment No. 1. The majority of these approved site plans are under construction or have completed construction. 2.3 Staff are continuing to work on a number of outstanding files from previous years. The majority of these outstanding files are awaiting action by the applicant or are in circulation to various agencies and departments. Site plan files awaiting information are reviewed regularly by the assigned planner and a letter is sent informing the applicant of the status of the file. Respectfully submitted, Reviewed by, Ck Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. SL*FW*cc 03 July 1998 Attachment No. 1 - Site Plan Table 673 ON 4,— SITE PLAN ACTIVITY FROM JANUARY 1, 1998 TO JUNE 31, 1998 ATTACHMENT#) Page Iof2 FILE t - APPLICANT LOCATION PLANS/ STATUS OF DATE CONSTRUCTION AGREEMENT FILE OF APPROVAL STATUS 20 King St.E,Bowmanville both OMB to order new hearing 94-039 Tzioumic&Pepapetrou(commercial plaza) 94-040 Martin Road Holdings(Medical Centre) 1 Hartwell Blvd. both held at applicant's request 96-063 Syvan Developments Ltd(add storage shed to ind.site) 180 Baseline Road East amendment INACTIVE due to applicant 96-019 Gagnon,Gil/Old Timers Truck Driving School Lake Road .: both INACTIVE due to applicant 96-066 PVNC Sep.School Board(St.Stephen's H.School) 2828 Concession Street Cast amendment awaiting info.from applicant 97-061 Clarington Place Limited-parking lot Uptown Avenue both in circulation 97-071 Bowmanville Mall-new exterior signs&interior renovations 243 King Street East amendment in circulation APPROVED Feb 10,1998 under construction 97-086 Christine Lane-manufacturing and warehouse Butler Crt. both both APPROVED June 23, 1998 97-087 Ganaraska Properties Ltd-expansion of car dealership 162 King Street East APPROVED May 28, 1998 98-002 James Publishing-addition to shipping bay King Street West both 98-004 Salvation Army-expansion to facilities Liberty Street South both in circulation 98.006 Mullings-Industrial-Custom machining shop Lake Road both awaiting comments from circulation APPROVED April 7, 1998 built 98-012 Lobiaw's-Garden Centre Highway No:2 amendment APPROVED May 13, 1998 built 98-018 Canadian Tire-Garden Centre Highway No.2 146 Welfington Street amendment both awaiting comments from circulation 98-020 Rice Condominium-79 units 373 Lake Road both in circulation 98-022 TS Environmental Services-PCB storage 41 Butler Court amendment APPROVED May 26, 1998 98.029 Micro-Precision Plastics-2nd floor expansion Highway No.2 amendment in circulation 98-033 Clarington Place Limited-Burger King,parking spaces both in circulation 98-034 Canamatic Mould-light industrial building Lake Road Lot 30,Con 3 both awaiting approval by applicant 064 WDM Consultants(retail plaza) 064 Owen,Robert/Roy Nichols Motors Limited(car sales) 1769 Highway No.2 circulating revised plans r97-1091 Courtice Animal Care-addition and renovations 1 Townline Road North amendment in circulation 006 Courtice Corners-change in building elevations for Phase 2 2727 Courtice Road amendment in circulation APPROVED May 1, 1998 refreshment vehicle permit issued 017 Verc Deli- refreshment vehicle for plaza 1414 Highway No.2 amendment 024 Clinic Building Limited(seniors building and medical centre) 3 Varcoe Road both in circulation comments from circulation 98-038 Hailoway Holdings Limited-William's Coffee Pub 1414 Highway No.2 both awaiting 98-041 Birchdale investments Ltd-change architectural details 1420 King Street East amendment In circulation 98-043 Halloway Holdings-Mark Work Waarhouse-change lagade 1414 King Street Eant amendment in circulation 98-044 PVNC Catholic Dls.S.Brd-Mother Teresa School-7 portables 78 Glenabbey Road amendment In circulation 97-008 Kaitiin Group-club house Port of Newcastle both awaiting info from applicant APPROVED June 16, 1998 building permit applied for 97-088 Frank Manolis-Coffee Time Donuts drive-thru 300 King Street East amendment 98-016 IGA-Grocery Store King Street East both King Street East amendment APPROVED June 29, 1998 98-028 Parkview Senior's Centre-additional parking area r.. E1 YN Ci iN 94-061 Crooked Creek Golf Club 3033 Townline Road both revised application for 9 hole course 96-030 Jeff McKean/Paddy's Market(additional buildings) 2212 Taunton Road plans only applicant refusing to provide road widening to Region 96-068 Trimstel(steel fabrication shop) 66 Cigas Road both waiting for owner's review 97-010 10f,4032 Ont.Inc.-water slide 8296 Cedar Park Road amendment APPROVED Feb 28, 1998 97-017 William Watson investments-storage facility Baseline Rd both in circulation 97-022 WE Roth Construction-industrial and self storage units Service Road both in circulation 97-026 Green Martin Properties-mini-putt,practice areas,shed 2320 Highway No.2 both in circulation 97-033 J&F Structural Steel-additional office space 21 Courtice Court. amendment APPROVED May 13, 1998 97-082 Marantha Christian Reformed-add'n and renovations 2806 Highway No.2 both APPROVED April 14, 1998 building permit applied for 98-003 Quafry Lakes Driving Range Middle Road both APPROVED Mar. 17, 1998 driving range open 98-014 Petro Canada-service station 2306 Highway No.2 both in circulation 98-019 Rushwood Trusses-storage building 2021 Baseline Road plans only in circulation 98-023 Querry Lakes Gol Course Middle Road both awaiting zoning to be final&binding 98-026 Ridge Pine Park-seniure residences and health building Lot 3,BFC both in circulation 98-039 Northway Investments Ltd.-industrial expansion 7 Progress Drive amendment in circulation 98-040 Kewartha Pins Ridge District School Board -3 new portables 2226 Maple-Grove Road amendment in circulation 95-006 1081799 Ont Inc(Esso gas bar,garage&coffee shop) Lot 24,Con 8,Hwy 116 both INACTIVE due to applicant 96-009 Stephen Holliday(new church site) 816 Regional Road 17 both awaiting revised plans 96-036 Mosport(parking area) Mosport Road INACTIVE due to applicant and OMB hearing 97-096 394266 Ont Inc.-retail sale&repair of motor vehicles 3420 Highway 36/116 both APPROVED April 28, 1998 98-036 Oshawa Ski Club-replace'T'bar with chair lift 4060 Regional Road 9 amendment APPROVED June 23, 1998 C \ �J C..1-1 DN: PD-91-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, July 13, 1998 Res. # Report #: PD-91-98 FILE #: PLN 23.14 By-law # Subject: PROVISIONS OF ON-STREET PARKING WITHIN NEW RESIDENTIAL DEVELOPMENTS — MUNICIPALITY OF CLARINGTON FILE NO.: PLN 23.14 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-91-98 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 In April of 1997, Judy Hynes, Krista Hynes and Pierre Chabot submitted a letter for Council's consideration regarding parking concerns in the Liberty Village area. This particular subdivision is located in the n'o' rth end of Bowmanville, east of Liberty Street and south of Concession Road No. 3. d 1.2 Their submission indicated that in the last couple of months they had been given two (2) parking tickets: a) one for being in the way of snow removal; and, b) one for being parked on the street for more than three hours. 1.3 Their letter went on to indicate that generally they have three (3) cars at the house, r Mrs. Hynes', her daughters and her daughter's boyfriends. This required that one of the vehicles would have to be parked on the street. 676 REPORT NO.: PD-91-98 PAGE 2 In closing, although they strongly believed that parking should be controlled to avoid chaotic situations where traffic is heavy, or in commercial areas such as the main streets downtown, it was their wish that they would not have to "run out and move a car every other hour." 1.4 Council at their April 14, 1997 meeting endorsed a resolution that the correspondence be referred back to Staff for review and preparation of a report for submission to the General Purpose and Administration Committee on parking in new developments within the Municipality. 1.5 In addition to the above, it has been brought to Staff's attention that members of Council have expressed reservations insofar as the provision of on-street parking is concerned whenever a draft plan of subdivision is being considered for approval. 2. PURPOSE OF REPORT 2.1 The purpose of this report is to update Committee and Council on the current policies and practices that are implemented by Staff through the review process for plans of subdivision. 4 3. STAFF COMMENTS 3.1 When an application for draft approval of a plan of subdivision is submitted to the Municipality, all aspects of the plan, including the provision of parking are examined and evaluated to determine their, conformity with the Municipality's standards, policies and regulations. 3.2 During the preparation of the Municipality's Official Plan, the issue of on-street parking was reviewed. As a result, the Plan now contains various policies that address this issue. 677 REPORT NO.: PD-91-98 PAGE 3 3.3 The following summarizes the policies found within the plan which deals with the provision of parking and as such are being implemented in our review of any proposed residential plan of subdivision. 3.4 Section 9.4.6.of the Plan states that in dealing with medium and high density residential developments, street townhouses shall generally not comprise more than six (6) attached units and shall not be sited on opposite sides of the street unless adequate on-street parking can be provided to the satisfaction of the Municipality. 3.5 The implementation of this provision ensures that on-street parking is provided and does not interfere with the installation of "street furniture" (i.e. lights, hydro boxes, fire hydrants etc.) needed to serve the development. The Public Works Department in reviewing draft plans of subdivision requires the applicant to submit an on-street parking layout to ensure that sufficient parking is in fact provided. The provision of on-street parking is calculated on the basis of one (1) space for every four (4) semi- detached units and one (1) for every three (3) townhouse units. 3.6 In addition to requiring an on-street parking layout, Public Works Staff ensures through the implementation of the Municipality's Design Criteria and Standard Drawings that, where possible, all driveways for semi-detached and street townhouse units are located immediately "abutting" each other. This will provide additional on-street parking spaces. 3.7 Section 19.3.9 of the Plan permits deviations to the Municipality's standard design criteria for roads to accommodate alternative design standards. In essence, this policy has provided the Development Industry the opportunity to construct within plans of subdivision road patterns which might incorporate, for example, a service road or a rear lane concept thereby greatly improving the availability of on-street 678 REPORT NO.: PD-91-98 PAGE 4 parking. Staff will continue to encourage the development industry to implement alternative design standards that would enhance residential development in the Municipality. 3.8 Section 18.3.3 states in part that street frontage of a park shall not be less than 25% of the park perimeter. This will contribute to additional on-street parking space within these plans of subdivision adjacent to a municipal park. 3.9 Although it is not within the mandate of the Municipality's Zoning By-law to address on-street parking, the by-law does require that each residential dwelling unit be it a single family, semi-detached or street townhouse unit provide a "minimum" of two (2) parking spaces per unit. The majority of the dwelling units constructed today provide one space within a single-car garage and the other on the driveway. However, a common practice today finds the garage being used for storage area for the various outdoor household items as the garage space is considered by the homeowners as too small for parking a car. To alleviate this, we will be encouraging the home builder to increase the size of the "single-car" garage to accommodate the dual functions-of parking and storage. This will be implemented based on a co-operative approach from the home builders. Should this not prove successful, staff will be recommending -an amendment to the Zoning By-law to increase the size of a "single-car" garage. 4. CONCLUSION 4.1 Staff are cognizant of the issue of on-street parking in subdivisions and have been implementing the above noted policies in all plans of subdivision recently recommended for approval. We will continue to monitor the effectiveness of our policies. Should these measures prove ineffective, we will be considering more drastic measures. 679 REPORT NO.: PD-91-98 PAGE 5 Respectfully submitted, Reviewed by, 3 F as(�, 4jm!�� .— Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. Stephe6 A. Vokes, P. Eng. Director of Public Works LDT*FW*SV*cc 7 July, 1998 Interested parties to be notified of Council and Committee's decision: Ms. J. Hynes, Ms. K. Hynes, Mr. P. Chabot 89 Elford Drive Bowmanville, Ontario L1 C 4R5 680 DN: PD-93-98 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: PD-93-98 FILE #: DEV 97-003 & 18T-97002 By-law # Subject: REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: TAUNTON TERRACE LIMITED PART LOT 35, CONC. 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 97-003 & 18T-97002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-93-98 be received ; 2. THAT the Region of Durham be advised that the Municipality of Clarington recommends approval of proposed Draft Plan of Subdivision 18T-97002 as revised and submitted by Taunton _ Terrace limited subject to the conditions of draft plan approval contained in Attachment#3 of this Report; 3. THAT the Mayor and Clerk be authorized, by By-law, to execute a subdivision agreement between the Owner and the Municipality of Clarington to the satisfaction of the Director of Planning and Development and the Director of Public Works; 4. THAT an amending by-law to Zoning By-law 84-63 be forwarded to Council to remove the "Holding (H)" symbol once the applicant has entered into a subdivision agreement with the Municipality; 5. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Taunton Terrace Limited 1.2 Agent: same as applicant 681 REPORT NO.: PD-93-98 PAGE 2 1.3 Draft Plan of Subdivision: To develop a draft plan of subdivision containing 24 semi-detached dwelling units, 1 single detached unit, an extension to Foxhunt Parkette with a walkway and 2 future development blocks. 1.4 Rezoning: Removing the "Holding (H)" symbol from "Holding— Urban Residential Type One ((H)R1) Zone" to permit the development of the proposed draft plan of subdivision. 1.5 Site Area: 1.41 hectares ( 3.48 acres) 2. LOCATION 2.1- The subject lands are located between Townline Road, Kingsview Court, and the Foxhunt Parkette. The applicant's land holdings total 1.41 hectares (3.48 acres). The property in legal terms is known as Part Lot 351 Concession 2, in the former Township of Darlington. 3. BACKGROUND 3.1 On January 14, 1997, Taunton Terrace Limited filed an application with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63. The purpose of the application is to deleteAhe "Holding (H)" symbol from "Holding — Urban Residential Type One (R1) Zone" to permit the development of a draft plan of subdivision containing 16 semi-detached dwelling units and 2 futuredevelopment blocks. A related draft plan of subdivision application (18T-97002) has been filed with the Durham Region Planning Department. 3.2 A Public Meeting was held on April 27, 1997. Numerous area residents were present at the Meeting to voice their opinions. The following concerns as voiced by area residents are noted: • Area residents are opposed to the extension of Kingsview Court for the following reasons: i) Many residents purchased homes on Kingsview Court with the assumption that the street would remain in its present configuration as a cul-de-sac. Access to the 682 REPORT NO.: PD-93-98 PAGE 3 development should be developed from Townline Road. ii) Extending Kingsview Court would increase the levels of traffic for existing residents. This presents a problem for child safety. iii) Some motorists may use the Kingsview Court extension expecting that the road will exit onto Townline Road. iv) The extension would create an awkward bend in the road at the cul-de-sac. v) Snow removal would be awkward in the cul-de-sac. • With the extension of Kingsview Court, residents are concerned about the construction traffic that would occur during development of the subdivision. • People in the area had purchased homes with the understanding that a neighbourhood park would be developed in the location where the current subdivision is being proposed. • There are questions as to the form of development the future development blocks will contain. • An access to Foxhunt Parkette should be provided in the form of a walkway. These concerns will be addressed in Section 8.0 of the report. 3.3 On September 22, 1997, Taunton Terrace Limited submitted a revised plan to permit the development of a draft plan of subdivision containing 24 semi-detached dwelling units, 1 single detached unit, an extension to Foxhunt Parkette with a walkway, and 2 future development blocks. The plan also proposes access from Townline Road. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Vacant land with a single detached dwelling 4.2 Surrounding Uses: East: Urban residential & Foxhunt Parkette North: Urban residential West: Urb:rIn residential South: Urban residential 683 REPORT NO.: PD-93-98 PAGE 4 5. OFFICIAL PLAN POLICIES 5.1 Within the existing Durham Regional Official Plan, the subject lands are designated "Living Area". Residential development is permitted within this land use designation. The application conforms with the policies. 5.2 The subject lands are designated "Urban Residential" within the Clarington Official Plan. Residential development consisting of single detached, semi-detached, and duplex dwellings are permitted within this land use designation. Development densities ranging between 10 to 30 units per net hectare are permitted. The revised subdivision proposes 24 semi-detached units and 1 single detached dwelling unit fora new density of 27.4 units per hectare. The application conforms with the development policies. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Holding — Urban Residential Type One (R1)". The application complies with the requirements of the former Town of Newcastle Zoning By-law 84-63. A rezoning application has been made to remove the Holding "(H)" symbol in order that the proposed subdivision may proceed on the property. 7. AGENCY COMMENTS ` 7.1 The application was circulated to solicit comments from-other relevant agencies. The City of Oshawa and Ontario Hydro have no objections to the proposal 7.2 The Clarington Fire Department has no objections provided there is a 12.0 metre turning circle at the end of the road to permit fire equipment to turn around. The developer should make potential purchasers aware that fire protection is only available on a full-time basis for 12 hours and on a part-time basis for the remaining 12 hours. 7.3 The Clarington Public Works Department— Engineering Division had previously objected to the extension of Kingsview Court because the configuration as proposed wKere the cul-de-sac 684 REPORT NO.: PD-93-98 PAGE 5 bulb turned into an elbow would not be acceptable from an engineering perspective. It would cause traffic control and winter maintenance problems. As the applicant has proposed the entrance from Townline Road, the Public Works Department has no further objections subject to the implementation of conditions of draft plan approval. 7.4 The Durham Region Public Works Department objects to the revised proposal on the following basis: • Municipal services are available to the subject lands from the 200 mm sanitary sewer on Kingsview Court and 150 mm watermain on Townline Road. The appropriate easements will have to be provided to the Region for services extended from Kingsview Court. • Merivale Court is a small subdivision on the west side of Townline Road in Oshawa which currently has a temporary access directly onto Townline Road immediately north of the proposed access. An access from Townline Road for the subject lands is only acceptable if the temporary access to Merivale Court in Oshawa is closed. No proposals to close this temporary access have been submitted to date. 7.5 Comments from Central Lake Ontario Conservation indicate no objections to the revised proposal. The subject lands are within the Courtice Storrgwater Management Study. Stormwater flows must be conveyed to the existing quantity facility located south of the proposed development. The applicant must demonstrate how these flows are to be conveyed and that the facility can accommodate these flows. The applicant must also address water quality issues in terms of the current guidelines. These concerns can be addressed through conditions of draft approval for the subdivision by the Region of Durham. 7.6 Canad? Post has no objections to the application provided that the applicant construct a central mail facility for the development. 685 REPORT NO.: PD-93-98 PAGE 6 7.7 Neither the public nor the separate school board had any concerns with the proposal. 7.8 Bell Canada has never provided any comments. 8. STAFF COMMENTS 8.1 The applicant had originally proposed the extension of Kingsview Court as a means of access to the proposed subdivision. This would have created an undesirable road configuration from a traffic and maintenance perspective. Kingsview Court was planned and designed as a cul- de-sac and should not be extended to serve close to another 30 houses. Further, the residents who purchased properties on Kingsview Court expect the street would remain as a cul-de-sac. As a result, Staff required that access to the subdivision be obtained from Townline Road. 8.2 A small subdivision known as Merivale Court on the west side of Townline Road in Oshawa was developed with a temporary access onto Townline Road. Ultimately, this access will be closed when development occurs north of this property. Access would then be obtained through an extension of Hudson Avenue in Oshawa, which would be aligned with Kingsway Gate in Courtice to the north. The Durham Region Public Works Department has indicated that the existing Merivale Court access would conflict with an additional access from the.subject lands onto Townline Road. Therefore, Merivale Court should be closed prior to permitting access for the subject development onto Townline Road. Staff have included a condition of draft approval that the plan of subdivision cannot be registered until the Merivale Court access to Townline Road has been closed to the satisfaction of Durham Region Public Works Department. 8.3 Several residents had anticipated that a neighbourhood park was to be developed on the r subject lands. When Kingsview Court was initially developed, the official plan contained a neighbourhood park symbol at this location. With development occurring in the area, the lands which now comprise Foxhurit Parkette were acquired and developed by the 686 REPORT NO.: PD-93-98 PAGE 7 Municipality. The remaining portion of the neighbourhood park was to be obtained from part of the lands subject to this application; however, ownership of these lands was fragmented and the Municipality would have had difficulty in assembling the land for the entire neighbourhood park as intended. As the demand for park facilities increased, the park was developed as a parkette rather than as a neighbourhood park. Subsequently, the neighbourhood park.designation in the Municipality's Official Plan was relocated by amendment in 1990 to a larger site on lands east of Darlington Boulevard and south of Highway 2. This location is closer to the high density and mixed use areas as designated in the Official Plan. 8.4 The Municipality will be requiring the applicant to provide the required parkland dedication as an extension to Foxhunt Parkette. This will extend the parkette at the southern extent adjacent to the Kingsview Court residents' properties. A walkway will link both Kingsview Court and the proposed subdivision to the parkette. Kingsview Court residents would have easy pedestrian access to Townline Road as well. 8.5 The applicant submitted an on-street parking plan for review by the Public Works Department. Municipal standards for single detached and semi-detached/link dwelling units require that one on-street parking space be provided for every four units. Based on the ultimate development potential of the cul-de-sac, 8 on-street parking spaces are required. The plan shows 9 on-street spaces indicating that there are sufficient on-street parking opportunities for the subdivision. 8.6 Area residents were concerned about the lands denoted as future development blocks. The current proposal shows that the cul-de-sac would be extended north to develop the remainder of the lands not currently owned by the applicant. Once the cul-de-sac is extended, these blocks will be incorporated into future residential lots. These blocks are not permitted or intended by the developer to be used for medium or high density residential purposes. 687 REPORT NO.: PD-93-98 PAGE 8 9. RECOMMENDATIONS 9.1 Based on the comments in this report, the Planning and Development Department would have no objection to a recommendation to the Region of approval of the proposed plan of subdivision subject to the conditions as contained in Attachment No. 3 of this report. 9.2 Staff would note that the removal of the Holding "(H)" symbol will require Council approval at such time as a subdivision agreement is registered. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. RH*FW*cc 06 July 1998 Attachment No. 1 - Key Map, Attachment No. 2 - Proposed Draft Plan of S'u' bdivision Attachment No. 3 - Conditions of Draft Plan Approval Interested parties to be notified of Council and Committee's decision: Mark Foley Taunton Terrace Limited Fred Mitchell P.O. Box 11 49 Foxhunt Trail 319 College Avenue Courtice, Ontario Oshawa, Ontario L1 E 1E5 1-11-1 7K8 Leslie Steane James & Helen Strickland 41 Kingsview Court 30 Kingsview Court Courtice, Ontario Courtice, Ontario L1 E 2A9 LIE 1E5 688 REPORT NO.: PD-93-98 PAGE 9 Heather Roper 101 Kingswood Drive Courtice, Ontario L1 E 1 G3 John Melmer 23 Empire Crescent Courtice, Ontario L1 E 1V7 Chris & Jim Wrigley 100 Kingswood Drive Courtice, Ontario L1 E 1 G3 Connie Bruni 19 Empire Crescent Courtice, Ontario L1 E 1V7 Steve Rupert 31 Kingsview Court Courtice, Ontario L1 E 1 E7 Leonand Watson 32 Kingsview Court Courtice, Ontario L1 E 1 E5 Maureen O'Reilly 10 Kingsview Court Courtice, Ontario L1 E 1 E6 Karen Marko 21 Kingsview Court Courtice, Ontario L1 E 1 E7 Patricia Hannah &Jeff Brown 43 Kingsview Court Courtice, Ontario L1 E 2A9 David Foote 47 Kingsview Court Courtice, Ontario L1 E 2A9 689 ATTACHMENT #1 SUBJECT SITE LOT 35 LOT 34 LOT 33 II � I � I U o � � C) V r- o Ld � U Z 0 z C.) 0 _ F- D COURTICE D EV. 97-003 KEY MAP 18T-97002 690 T 0 i �II J •D .r m z N ----------•------ � --- — --------- KINGSWAY GATE 3 o I 8 I( RE�ISTE+0 i �1-4N' i 10�-79� i E IA "•�� �;^ � Y N EXI ING I —I RESI±TIAL I— I 1 — ,,,o� a O I I wLJ i MFUJURE j LOT NNG I FUTURE �, iLOTTING M / LAND USE SCHEDULE _ ¢ ~ 1 ` EMPIRE CRESCENT I LOW DENSITY RESIDENTIAL LOTS UNITS AREA u ti 9 �BLK 14r B�.�CK 18 BLK 15 I T — I LOTS 1 TO 5. B TO 13 12 24 I+w-o[ucKO OVrttutcc l 0.6 1 n.. KEY PLAN �-•—� UY T 1 10 LOT 6 1 1 0.040 no. PROPOSED I . ► / ( I I I 1 Swot PALLING LOT 1 h.. — I 6LOt"s 15 o.os6 no. I I L�I t r.Rr/RESERVED LOTS 1 BLOCK 46 l fix"DcwAT-1 0.126 h.. DRAFT PLAN "'2'J0''0Y_ __— � �✓ ., ,L— "�——1 I OF SUBDIVISION OF Ii STREET A CL r ,\ti I 9. ,\ `�4 e — 1 I BLOC 17 BLOCK IT 11 0.023 no. PART OF LOTS 104 AND 105 II i 1 1 C s ) BLOCK 16 0.001 n.. REGISTRAR'S COMPILED PLAN 713 II 2 3 41:.:�::�:. 'Y - Q ROADS 0.306 no. MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPA LITY Of DURHAM I E)¢STING PARK I TOTAL AREA n.. SCALE 000 — A%*-O I J. D. BARNES LIMITED 1998 � x I ADDITIONAL INFORMATION METRIC Q' AS REOUIRED UNDER SECTION 51 OF THE PLANNING ACT. IY a o1SrA.cts vow rwlc n1.rfc 4t[Mf AW c a Cw .lta to rttr.t 0-01 c.r 0.30u J\ / / / / / \� I I d SEE KAN li SEE PLAN AND KEY PLAN OWNER'S CERTIFICATE SURVEYOR'S CERTIFCATE w[.1K A[ORRI,tD o+atAi a M Kat51[tRTA rIMTTKgRO a tA1U t0 K �hy \ / / �� / / W SEE PLAN AND KEY PUN lz tArat.,[,Inr.uT , J.0 i11"R.t10.To rA[rARt No A 141 Atur" rV IK AWIC[nt ufdt M[AtpAMt4t 1,G C01a,[CTIf I 0 SEE LAID USE SCHEDULE W SEE PUN fIAMt A dWf t1NI K tlaONigN wt A'r.wAL. TAUNTON TERRACE LTD. frow«a"Trt�.w. EXISTING I / in SEE PUN — --4 (TI SEE PUN rgEr y T—o LWO�U01,Tle+ II 42 /N — \1/ l l l l \J IN PIPED 6 SAN YD CUYR TO BE INSTALLED TURVErIN¢ MAPPING .� 9 SEE PLAN TO INSTALLED /O T I W SANITARY AND STORM SEWERS BE S NONE , NO INFORMATION SERVICES LAND W Oc y \t„ J.D. BARNES IA.Ttn I OAAM RI AI. O(C4D 1r:RA.T /.-tS-N�t i �II J •D .r m z N CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION PLAN IDENTIFICATION 1. That this approval applies to Draft Plan of Subdivision 18T-97002 prepared by J. D. Barnes Limited dated (revised) July 2, 1998 showing Lot 6 for a single detached dwelling, Lots 1 to 5 and 8 to 13 inclusive for semi-detached or linked dwellings, Block 16 for park purposes, Block 17 for a walkway, Blocks 14 and 15 as future development blocks and Block 18 for a 0.3 m reserve. FINAL PLAN REQUIREMENTS 2. That all streets within the Plan of Subdivision shall be dedicated as public highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. d 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 692 -2- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT (CONT'D) 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation Plan to the Director of Planning and Development for review and approval. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 9. That all easements, road widenings, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 10. That the Owner shall dedicate to the Municipality Block 16 for parkland purposes and Block 17 for the purpose of a walkway. 11. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 12. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 13. That the Owner shall cause all utilities, including, hydro, telephone, cable television, etc. to be buried underground. 14. That the Owner agrees to service the north limit of Street "A" with water, salnitary sewer, storm sewer, hydro, telephone, and cable television for any future lots which may front on Street "A". 693 - 3 - CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 15. That the Owner acknowledges that at his cost all future lots to the north are to be fully serviced with water, sanitary sewer, storm sewer hydro, telephone, and cable television for any future lots which may front on Street "A". 16. Prior to approval of this draft plan, the applicant must demonstrate that the building envelopes on Lots 5 and 6 are large enough to facilitate construction of dwellings which comply with the requirements of the former Town of Newcastle Zoning By-law 84-63. 17. That the entrance driveways on Lot 10L and Lot 1OR will be restricted to the southerly sides of each lot. Block 14 and Block 15 will be placed on hold until such time as the cul-de-sac has been extended to the north. 18. That the front lot line for Lot 9 must be revised to better accommodate utilities within the road allowance. 19. That the sidewalk must be provided on the south side of Street "A" between Regional Road 55 and the proposed walkway to Foxhunt Parkette. 20. That the Owner is required to resolve any existing encroachment conflicts in conjunction with the engineering approvals process. Final engineering approval will not be provided until all identified encroachment issues have been satisfactorily addressed. 21. That final registration of the plan of subdivision shall only proceed at such time as the road access for Street "A" to Townline Road has been approved by the Region of Durham. 694 -4- CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D) 22. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposits as may be required by the Municipality. 23. That the Owner shall adhere to architectural control requirements of the Municipality. 24. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 25. The Owner agrees that where the well or private water supply of any person is interfered with as a result of construction or the,development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of wat6eenjoyed by the affected party prior to the interference. a 695 DN: PD-94-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report#: PD-94-98 FILE #: DEV 97-088 By-law # Subject: SITE PLAN APPROVAL PROCESS COFFEE TIME APPLICATION, NEWCASTLE VILLAGE FILE: DEV 97-088 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-94-98 be received for information. 1. BACKGROUND: At the General Purpose and Administration meeting held on June 21, 1998, Committee passed the following resolution: "THAT the Director of Planning acid .pevelopment be requested to submit a report on the process which was followed for the Site Plan Application made by Coffee Time Donuts, Newcastle, for the dive-thru, addressing how the neighbours were advised during the process". 2. COFFEE TIME SITE PLAN APPLICATION: 2.1 This is an application to amend an existing approved site plan to provide for a drive- thru facility which includes alteration to the existing building and the addition of a drive-through lane. 2.2 The property is located at the northwest corner of Arthur Street and Highway No. 2 in Newcastle Village. 696 REPORT NO.: PD-94-98 PAGE 2 3. SITE PLAN APPROVAL PROCESS FOR COFFEE TIME APPLICATION: The following is a chronology of events of the process undertaken by staff in dealing with the Coffee Time application. • November 13, 1997 - the Planning and Development Department received an application to amend an approved site plan for a drive-through facility. The application was circulated to the applicable agencies on the same day. • November 18, 1997 - staff received a phone call from Mr. Sam Citrigno who stated Coffee Time Donuts is doing some construction work. Staff contacted Mr. Frank Manolis of Coffee Time and advised him to stop work. Mr. Manolis .insisted he has done no construction work. • November 19, 1997 - staff visited the site and confirmed there was no construction work related to the drive-through facility underway. • November 20, 1997 - staff discussed the above matter with Mr. Citrigno and stated that no unauthorized construction work related to the site plan amendment was underway. • December 1, 1997- staff reviewed the concerns raised by Mr. Citrigno with Mr. Manolis and requested the applicant to retain a professional acoustical engineer to advise if and how noise from the proposed drive-thru facility can be attenuated. • January 29, 1998 - Councillor Troy Young requested information about the application. Staff provided the information and advised of the status of the application. 697 REPORT NO.: PD-94-98 PAGE 3 • February 3, 1998 - staff spoke with Mr. Citrigno advising that he would be informed when the Noise Study arrives and when staff has made a decision about the study. • February 16, 1998 - Councillor Charlie Trim telephoned staff for information about the application. Councillor Trim said he had received phone calls from several residents and so, he wanted to be updated on the application. Staff provided the requested information and advised of the status of the application. The Director was subsequently informed of the Councillor's enquiry. • February 23, 1998 - Council - Communications for Direction - Suggested Disposition: "THAT the correspondence dated November 24, 1997 from Sam Citrigno regarding concerns with respect to the Coffee Time restaurant located adjacent to his home, be received; THAT, in view of the fact that the property owner has applied for a site plan amendment, the correspondence be referred to the Director of Planning and Development to be reviewed in conjunction with the subject file; and THAT Sam Citrigno be advised of Council's decision." • March 24, 1998 - staff told Mr. Citrigno that the applicant had, earlier in the day, submitted the Environmental Noise Study and the Revised Site Plan. • May 8, 1998 - staff met with Mr. Sam Citrigno to review the noise report and recommendation for noise attenuation. • June 17, 1998 - staff informed Mr. Citrigno that the Site Plan Amendment has been approved on June 16, 1998. 698 REPORT NO.: PD-94-98 PAGE 4 4. THE PLANNING ACT: 4.1 Section 41 of the Planning Act provides for the legislative authority to a local municipality to approve site plan subject to certain conditions. Where necessary, these conditions could include matters such as access, curbs, traffic direction signs, driveway, walkway, floodlights, wall, fences, garbage collection area, siting of buildings etc. 4.2 The Act also provides for an appeal to the Ontario Municipal Board if the Municipality fails to approve the site plan within 30 days or the owner of the land is not satisfied with any of the requirements made by the Municipality. The Act does not provide for any appeal mechanism to neighbours or any parties other than the owner of the land. Presumably, the opportunity for objection by others is provided for in the official plan and rezoning process. 5. SITE PLAN APPROVAL AUTHORITY 5.1 Site plan approval was delegated by Council to the Director of Planning and the Director of Public Works by By-law 83-15. Said delegation was reconfirmed by By- law 90-130. 5.2 Since the delegation, both Directors have approved countless site plan applications. On rare occasion where the applicants do not agree with the decisions or the conditions to be imposed by the Directors, a report will be prepared and Council will be requested to provide some directions or to render a decision. The Director cannot recall ever bringing forward such a report to Council in recent years except for the condominium application at Wellington and Temperance Streets where the applicant requested a different formula be applied to cash-in-lieu of parkland dedication. 699 REPORT NO.: PD-94-98 PAGE 5 6. SITE PLAN APPROVAL PROCESS FOR'SITE PLAN APPLICATIONS: The Department procedures for processing a site plan application are as follows: a) application received and reviewed for conformity to Official Plan and Zoning By-law. b) circulation to applicable agencies. c) discussion with owner/applicant of requirements/problems, if any, arising our review and/or comments from agencies. d) applicant resolves agency's concerns. e) circulation completed. f) site plan approval granted and agreement executed, if applicable. 6.2 The above procedure does not contain any public consultation process which is usually done through the official plan amendment or rezoning application stage. Despite this, if staff is aware of any concern raised by a neighbour, we will definitely involve the neighbour in the process and we will try our best to resolve the concern. 6.3 With respect to the Coffee Time application, the drive-thru facility conforms to the Zoning By-law, the drive-thru laneway meets our laneway width standard. Despite all these, staff is cognizant of the potential noise problem and have requested the applicant to retain a professional acoustic engineer to demonstrate if and how noise can be attenuated. The Report demonstrated noise can be attenuated by erecting a 6' high solid wood fence. Despite Mr. Citrigno's continuous concern, staff has no reason not to grant approval to the site plan. 6.4 Staff receives enquiries from the Mayor and Councillors on a fairly regular basis f with respect to various development applications and we always endeavour to provide the requested information promptly. In the case of the Coffee time 699001 REPORT NO.: PD-94-98 PAGE 6 application, the Planner in charge of the file and the Director are aware of the previous enquiries made by the Councillors. However, both did not advise the Councillors prior to granting approval to the Coffee Time site plan. The Director will accept responsibility for this particularly when Councillor Trim has requested to be updated back in February this year. 7. CONCLUSION: The site plan approval process has worked well and has worked well throughout the last 15 years. No change is recommended. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. FW*jip June 30, 1998 -d 699002 DN: PD-95-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: PD-95-98 FILE #: DEV 96-055 By-law# Subject: REZONING APPLICATION APPLICANT: OCEANFRONT DEVELOPMENTS LTD. PART LOTS 32 AND 33, CONC. 7, FORMER TOWNSHIP OF CLARKE FILE: DEV 96-055 Recommendations: It is respectfully recommended that the Genera! Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-95-98 be received ; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63, submitted by WDM Consultants on behalf of Oceanfront Developments Ltd., be APPROVED; 3. THAT the amending By-law attached hereto be forwarded to Council for approval; 4. THAT a copy of the report and the amending By-law be forwarded to the Durham Region Planning Department; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Oceanfront Developments Ltd. 1.2 Application: From "Agricultural Exception (A-1)", and "Environmental Protection (EP)" to an appropriate zone to permit the development of four (4) hamlet residential lots. 699003 REPORT NO.: PD- 95-98 PAGE 2 1.3 Area: The four lots will have sizes of 0.59 ha, 1.03 ha, 0.963 ha and 2.14 ha, for a total lot area of 4.72 hectares. 2. LOCATION 2.1 The subject property is located on the south side of Concession Road 8, Part Lots 32 and 33, Concession 7, former Township of Clarke (Attachment No. 1). The proposed lots are currently part of a 62.6 hectare agricultural property. 3. LAND USES .3.1 Surrounding Uses: North - hamlet residential South - Wilmot Creek and agricultural East - Wilmot Creek and hamlet residential West - agricultural 4. BACKGROUND 4.1 On October 16, 1996, an application to rezone the subject lands was submitted to the Clarington Planning Department. The entire property was previously subject to an Official Plan Amendment application (OPA 87-025/D), filed by the same applicant, to create a 22 lot residential subdivision. This latter application has since been withdrawn. The applicant has also recently filed for consent to sever the proposed lots (LD 179/98 to LD 182/98). Staff have recommended approval of the land divisions subject to a number of conditions, one of which includes the approval of this rezoning application. 5. PUBLIC NOTICE 5.1 In accordance with the Municipality's procedures and the requirements of the Planning Act, a Public Meeting was held oti December 2, 1996. At that time one 699004 REPORT NO.: PD- 95-98 PAGE 3 neighbourhood resident spoke on behalf of a small group of Leskard residents. The resident noted that the neighbours were not opposed to the development of the lots provided that Wilmot Creek and its floodplain were preserved. The application was "referred back to staff for further processing and the preparation of a subsequent report. . .". 6. OFFICIAL PLAN POLICIES 6.1 The subject property is designated "Hamlet" within the Durham Region Official Plan. Hamlets are to be the predominant location for rural settlement and minor infilling within hamlets are permitted. The application conforms with the Durham Region Official Plan. 6.2 The Clarington Official Plan has designated the portion to be rezoned as "Hamlet Residential" and "Environmental Protection (EP)". Map C, the "Natural Features and Land Characteristics Map", shows that Wilmot Creek passes through the easterly portion of-the lands and for this reason they have been identified as hazard lands. Hazard lands are unsafe to develop or build upon due to natural hazards such as flooding, steep slopes and poor soils. Section 4.3.8 of the Clarington Official Plan requires-that an Environmental Impact Study (EIS) be undertaken for development applications located within or adjacent to any natural feature identified on Map C. This issue will be discussed in Section 9 of this report. 6.3 Rural residential development is encouraged to locate within hamlets. Section 12.4.4 of the Clarington Official Plan states that individual land severance may be considered provided the future development of the hamlet is not jeopardised and ' that Section 12.3.5 of the Plan is satisfied. This latter section requires new residential lots to: 699005 REPORT NO.: PD- 95-98 PAGE 4 have a minimum lot size of 0.4 hectares; • meet the requirements of the Durham Region Health Services Department; • provide a primary and reserve conventional tile field area; and • provide a technical report that demonstrates there is no adverse impact on adjacent wells and septic systems, and meets provincial guidelines for assessing water supply and,risk of water quality impact. Conformance with Sections 12.4.4 and 12.3.5 will be addressed in Section 9 of this report. -7. ZONING BY-LAW 7.1 The subject lands are zoned "Agricultural Exception (A-1)", "Environmental Protection (EP)", and "Residential Hamlet (RH)" within the former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The proposed hamlet residential lots are located in the north east corner of the property. Wilmot Creek flows through the most easterly lot and the flood plain of the creek is zoned Environmental Protection. There is a small portion of the subject lands in the south east corner, on the east side of the Creek, which is zoned Residential Hamlet. The balance of this lot, as well as the remaining three lots, are zoned Agricultural Exception. The minimum size for a lot in the Agricultural Exception zone is 40 hectares, unless the lot is to be used for retirement purposes. As these lots are for hamlet residential development, a rezoning is required. 8. AGENCY COMMENTS 8.1 The application was circulated to the appropriate departments and agencies for comment. Comments of no objection have been received from the Clarington Fire Department. 699006 REPORT NO.: PD- 95-98 PAGE 5 8.2 The Region of Durham Planning Department had requested that the Minimum Distance Separation (MDS) Policy of the Ministry of Agriculture, Food and Rural Affairs be addressed prior to consideration of the amendment. A Holding symbol was suggested to be placed on the proposed lots should the barn on the larger farm parcel have to be removed in order for the four lots to meet the MDS requirement. Since these comments were received, the Regional Planning Department has provided confirmation that the MDS Policy has been fulfilled. Therefore, a Holding symbol is not necessary. ,8.3 Previous comments from the Region of Durham Health Department requested that approval of the proposal be held in abeyance subject to the following: • submission of a detailed site plan indicating proposed prime and 100% reserve conventional sewage system areas including drilled wells; • a surface drainage plan; and • an engineer's report for the design of the proposed sewage system. The applicant has since fulfilled all of these requirements and the Health Department has no objection to approval of the rezoning. 8.4 The Ganaraska Region Conservation Authority had requested a draft site plan showing building envelopes, grading, sedimentation and erosion control prior to finalizing their comments on the application. This plan has been submitted for review and the Authority has responded with no objection to the proposed site plan. Ganaraska has also noted that there is groundwater seepage at the road frontage of the two most easterly lots. To properly address the significance bf the groundwater, or the mitigation methods to prevent any impacts to its flow, they 699007 REPORT NO.: PD- 95-98 PAGE 6 request that appropriate clauses be included in the Development Agreement to be registered as part of the land division approval process. 8.5 The Clarington Public Works Department objected to approval of the entrance locations of the four lots as originally proposed. The applicant has since revised the entrance locations and the Public Works Department has no further objections. They have requested that the 5% cash-in-lieu of parkland dedication be collected as one of their conditions of approval of the applications for consent. 9. STAFF COMMENTS 9.1 The Clarington Official Plan states that individual land severance may be considered provided the future development of the hamlet is not jeopardized. These four lots are located on the south side of Concession Road 8, immediately west of Wilmot Creek. Leskard has developed on the east and west sides of Leskard Road. The north side of Concession Road 8, across from the proposed lots, and'the north and 'south sides of Concession Road 8, in the area east of the Leskard Road intersection, have also been developed as part of the hamlet. The severance of these lots, therefore, is a natural extension.of hamlet residential use. 9.2 Section 12.3.5 of the Clarington Official Plan states that new residential lots shall: • have a minimum lot size of 0.4 hectares; • meet the requirements of the Durham Region Health Services Department; • provide a primary and reserve conventional tile field area; and • provide a technical report that demonstrates there is no adverse impact on adjacent wells and septic systems, and meets provincial guidelines for L#ssessing water supply and risk of water.quality impact. Each of the proposed lots is in excess of 0.4 hectares. The Durham Region Health- Department has confirmed that all of their requirements for rezoning have been 699008 REPORT NO.: PD- 95-98 PAGE 7 met. They will review the final sewage system locations for each lot when applications for a building permit are submitted. The applicant has submitted a Hydrogeologic Assessment report prepared by Gibson Associates which indicates primary and reserve conventional tile field areas. This report was forwarded to the Ganaraska Region Conservation Authority and the Region of Durham Health Department for review and comment. Both have confirmed that the tile field areas are suitable. The Hydrogeological Assessment concludes that an excellent potential exists for adequate potable water supply and no adverse impacts are predicted. Private servicing with individual drilled wells and conventional leaching beds are not expected to interfere with adjacent off-site private wells, or with the baseflow or water quality of Wilmot Creek. The Ministry of Environment Reasonable Use Policy does not apply to this development since the average sewage flows are significantly less than 4.5 m3/day. In addition, the distance to Wilmot Creek from the proposed sewage systems is sufficiently large such that no adverse impact is anticipated from the viewpoint of the Provincial Water Quality Objectives. 9.3 Planning Staff, in consultation with the Ganaraska Region Conservation Authority, have reviewed the proposed rezoning for its conformance with Section 4.3.8 of the Clarington Official Plan. This policy states that an Environmental Impact Study (EIS) shall be undertaken for development applications located within or adjacent to any natural feature identified on Map C. On October 16, 1996, Council approved the Guidelines for the preparation of Environmental Impact Studies in accordance with Section 4.3.1 of the Clarington Official Plan. Section 2.1.4 of the Guideline notes that lands which are located within 50 metres of the top of bank'of the valley for a cold water or warm water 699009 REPORT NO.: PD- 95-98 PAGE 8 stream shall be considered to be "adjacent to" a natural feature, and therefore shall be subject to an EIS. The most easterly of the proposed lots has Wilmot Creek, a natural feature, running through its southeast corner. The Ganaraska Region Conservation Authority has informed staff that the top of bank for Wilmot Creek is very close to the watercourse itself. The Authority has determined that the residential development of this lot will be 50 metres or more back from the top of bank line. In comments provided to staff, Ganaraska has stated: "Given the building setbacks from the watercourse and top of bank, an Environmental Impact Study does not seem warranted. All proposed development is beyond the 50 metre guideline. Controlled residential development at this location will cause less impact than the previous agricultural uses, and appears to meet the intent of the environmental policies of the Clarington Official Plan." Staff are also satisfied that an EIS is not required if development is kept a minimum of 50 metres away from the top of bank line. In order to ensure that the 50 metre setback is maintained, staff will assign an exception toAhe residential hamlet zoning for the most easterly lot. All development will be required to maintain a minimum 50 m setback from the Environmental Protection boundary, which is the top of bank line for this lot. 9.4 Both the Hydrogeologic Assessment submitted for review, and aerial photos on file of the property, show that there is a woodlot in the southeast corner of the most easterly lot. By-law 84-63 currently has zoned this triangular piece as "Residential Hamlet (RH)". In order to maintain the integrity of the woodlot around the Wilmot 699010 REPORT NO.: PD- 95-98 PAGE 9 Creek bed staff propose to change the RH zone to "Environmental Protection (EP)", as identified on the attached by-law amendment. The application, as filed, did not propose to alter any of the Environmental Protection zoning which is associated with Wilmot Creek. The only lands which will be subject to rezoning for residential development will be the Agricultural Exception zoning to the west of the Creek. These lands will be changed to Residential Hamlet and Residential Hamlet Exception to accommodate the residential use on the four lots. 10. CONCLUSIONS 10.1 In light of the above comments, staff would respectfully recommend that the By-law amendment attached hereto to permit the development of four (4) hamlet residential lots be APPROVED. . t Respectfully submitted, Reviewed by, -a Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell, Director of Planning & Development Chief Administrative Officer. IL*FW*df June 22, 1998 Attachment No. 1: Key Map Attachment No. 2: Zoning by-law 699011 REPORT NO.: PD- 95-98 PAGE 10 Interested parties to be notified of Council and Committee's decision: Mr. Walter Frank Oceanfront Developments Ltd. 80 Athol Street East OSHAWA, Ontario L1 H 8134 Ms. Karen Chester 7560 Leskard Road ORONO, Ontario LOB 1 MO Mr. Steve Fracz R.R. #8 NEWCASTLE, Ontario LIB 1L9 Mr. William Clark CAW Legal Services Oshawa Shopping Centre Oshawa Executive Tower Suite 603, King Street West OSHAWA, Ontario L1) 2K5 Mr. B. Bleasdale R.R.#2 3324 Concession Road 8 ORONO, Ontario LOB 1M0 s 699012 ATTACHMENT NO. 1 SUBJECT SITE LOT 3 4 LOT 33 LOT 32 LOT 31 LOT 30 0 o i 00 cn 0 0 Z O li l �CON CESSION II I I I T 0 II Q �1m I -- Z 0 0 z II v CE z 0 II it U I li e i � li ii II I ► II � � II G o CLARKE D EV. 96-055 KEY MAP 699013 ATTACHMENT NO.2 THE CORPORATION OF THE MUNICIPAILTY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement DEV 96-055; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9.3 "SPECIAL EXCEPTION — RESIDENTIAL HAMLET (RH)ZONE" is hereby amended by adding thereto,the following new Special Exception 9.3.20 as follows: "9.3.20 RESIDENTIAL EXCEPTION(RH-20)ZONE Notwithstanding the provisions of Section 3.20, those lands zoned RH-20 on the Schedules to this By-law shall maintain a minimum 50 metre setback from the Environmental Protection zone boundary as determined by the Ganaraska Region Conservation Authority. 2. Schedule "14" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1)" to "Residential Hamlet Exception (RH-20)" as illustrated on the attached Schedule"A" hereto. "Agricultural Exception (A-1)" to 'Residential Hamlet (RH)" as illustrated on the attached Schedule"A"hereto. "Residential Hamlet (RH)" to "Environmental Protection.(EP)" as illustrated on the attached Schedule"A"hereto. 3. Schedule "A"attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of passing thereof, subject tot he provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1998. BY-LAW read a second time this day of 1998. BY-LAW read a third time and finally passed this day of 1998. t MAYOR / q n 1 ^ CLERK This is Schedule "A" to By-law 98- - 5 passed this day of 51998 A.D. LOT 33 LOT 32 CONCESSION ROAD 8 40.00 70.00 —+— 65.00 151.00 .S 0 ZO W? W �-Al W Ujv) 0,0 0 U) (0 U) co a0 06 Lij 0 ON Z 0 312.52 N72' 15' 20"E ZONING CHANGE FROM " A-1 " TO " RH" ZONING CHANGE FROM " A-1 " TO " RH-20" ZONING CHANGE FROM " RH ' TO " EP" ZONING TO REMAIN ' ttEP" 0 25 50 100m Mayor �25rn 0 Clerk LOT 34 LOT 33 LOT 32 LOT 31 LOT 30 0 0 I Q I t 00 0 0 (.3 Z 0 \CONCESSION I I A LESKAfQ 0 < Z ii 0 Z 3: 0 0 m z m ii II LESKARD 699015 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday July 13, 1998 Res. # Report#: CD-32-98 By-law# Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF MAY 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-32-98 be received for information; and 2. THAT a copy of Report CD-32-98 be forwarded to the Bowmanville Business Centre for their information. REPORT: The following pertinent statistical information relates to Parking Enforcement activities for the month of May, 1998 and is provided herein for the information of Committee and Council. THIS MONTH YEAR TO DATE YEAR TO DATE 1998 1997 [TI;CKETS ISSUED: y Parking Enforcement Officers 543 2,471 2,203 - By Police 11 , 60 - By Public Works (3) 86 - Security Officers 0 76 235 3 14 NSA REVENUE: - From Parking Meters $ 7,460.88 $36,420.00 $35,136.99 - From Parking Permits 650.00 2, 050.00 1,200.00 Fines 5,547.00 20, 000.01 20,640.00 TOTAL REVENUE $13,657.88 $58_,470.01 $56,976.99 Res p ctfu- ubmitted Reviewed by Pa t' 'B rie, A.M.C.T. W.H. Stockwe 1 C k Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Purpose and Administration Committee g File# Date: Monday July 13, 1998 Res. # Report#:CD-33-98 By-law# Subject: PARKING ENFORCEMENT REPORT FOR THE MONTH OF JUNE 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-33-98 be received for information; and 2. THAT a copy of Report CD-33-98 be forwarded to the Bowmanville Business Centre for their information. REPORT: The following pertinent statistical information relates to Parking Enforcement activities for the month of June, 1998 and is provided herein for the information of Committee and Council. THIS MONTH YEAR TO DATE YEAR TO DATE 1998 1997 TICKETS ISSUED: - By Parking;Enforcement Officers 347 2,818 2,662 By Police 11 71 99 - By Public 'Works ; (3) 0 , 76. 235 - Security Officers 7 21 N/A REVENUE: - From Parking Meters $10, 105.55 $46,525.55 $43,262.38 - From Parking Permits 300.00 2,350.00 1,450.00 - Fines 4, 175.00 24, 175.01 24, 088.00 TOTAL REVENUE $14,580.55 $73, 050.56 $68, 800.38 Respi�/C tf 11 mitted Reviewed by Patti ar e, A.M.C.T. W.H. Stockwell _�� .Pat Chief Administrative Officer 7 2W.. �:_ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting File # SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Res. # July 13, 1998 Report #: CD-34-98 By-law # Subject: LEGISLATION TO ESTABLISH A GREATER TORONTO SERVICES BOARD It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-34-98 be received; and 2. THAT the Minister of Municipal Affairs and Housing be advised that the Municipality of Clarington would give its full support to the legislation outlining the proposed Greater Toronto;Services Board composition and mandate should the review to take place in the year 2001 include consideration of redefinition-of boundaries to exclude a municipality. Report On June 1, 1998,following two meetings with the Greater Toronto Area Moderator, Mr.Alan Tonks to review the proposed Greater Toronto Services Board Act, Council passed Resolution#C-506-98 pertaining to the formation of a Greater Toronto Services Board (GTSB). A copy of that resolution is attached hereto as Attachment No. 1. At the Council meeting of June 29, 1998,Council considered correspondence dated June 25, 1998 from Al Leach,Minister of Municipal Affairs and Housing advising that legislation had been introduced that day to establish a GSTB. At that time, the correspondence was referred to staff for review of the legislation in relation to the earlier resolution passed by Council The Council resolution states that the Municipality Is diametrically opposed to the Municipality being part of a GTSB unless Clarington is guaranteed a voting representative to the Board and Clarington is given a three-year grace period for study purposes in order to fully appreciate the ramifications of the Municipality being a member of the GTSB. Report CD-34-98 -2- July 13, 1998 Composition The initial composition of the proposed Board is 40 members, including at least one member from each municipality in the Greater Toronto Area (GTA), plus-a chair, plus one member from Hamilton-Wentworth, appointed only for the purposes of GT Transit. The chair would be elected by the GTSB members and would not be a member of any municipal council within the regional transit area. All GTA regional chairs and Mayors and the regional chair of Hamilton-Wentworth would be members. The City of Toronto would have 10 additional members and the City of Mississauga would have one additional member. Following each national census, the GTSB would be required to review the composition of the board to reflect population change in the GTA. Each municipality would still continue to have at least member. All GTSB members would have at least one vote, with the votes weighted to achieve representation by population on a regional basis. The composition of the proposed board addresses the concern of Council in that it provides for Clarington to have one member. Three-Year Grace Period The legislation provides that prior to December 31, 2000, the GTSB will review its size and composition, the number of votes assigned to members, powers and boundaries. It will report to the Minister of Municipal Affairs and Housing on or after January 1, 2001 and the review might consider redefining boundaries to exclude a municipality, but could not consider an expansion of the current GTSB boundaries. The municipality is pleased that the legislation provides for a review of the composition and boundaries of the GTSB,however, it is opposed to the inclusion of the word "might" in response to the review to consider redefining the boundaries. Conclusion It is respectfully recommended that the Minister of Municipal Affairs and Housing be advised that the Municipality of Clarington would support the legislation to create a Greater Toronto Services Board if the review to take place in the year 2001 includes consideration of redefining boundaries to exclude a municipality. Respectfully ed Reviewed by ?atti L. me, T. W.H. Stockwell ( � Chief Administrative Officer Attachment ATTACHIENT #1 Resolution 4C-506-98 Greater Toronto Moved by Councillor Novak,seconded by Councillor Young Services Board D02.GE WHEREAS the Municipality of Clarington has closely monitored and participated in, when asked,the numerous studies carried out by the Ministry of Municipal Affairs and Housing pertaining to the establishment of a Greater Toronto Services Board;and WHEREAS the Municipality of Clarington has participated in the recent review of the proposed Greater Toronto Services Board Act under the guidance of the Greater Toronto Area Moderator,Mr.Alan Tonks;and WHEREAS the Municipality of Clarington has carried out preliminary studies surrounding the issue of Clarington's role in the proposed Greater Toronto Services Board;and WHEREAS the Council of the Municipality of Clarington,along with the Rural Mayors of the Greater Toronto Area,requested a three-year grace period to carry out necessary studies in order to assess Clarington's role either as part of a Greater Toronto Services Board or as a non-member of a Greater Toronto Services Board;and WHEREAS the Minister of Municipal Affairs and Housing has not responded to Clarington's request for a three-year grace period;and WHEREAS the Council of the Municipality of Clarington is of the opinion that the establishment of a Greater Toronto Services Board is to take place by way of Provincial legislation;and WHEREAS the Municipality of Clarington is still of the opinion that in order to properly represent the constituents of Clarington it is imperative that in-depth studies be carried out and that the results of those studies be taken to the residents of the Municipality of Clarington so that they may appreciate the ramifications of any legislation that would place the Municipality of Clarington as a member of the Greater Toronto Services Board against the will of the electorate; NOW THEREFORE BE IT RESOLVED THAT: ' a) without the guarantee of a voting representative from the Municipality of Clarington to the Greater Toronto Services Board, and b) without the guarantee of a three-year grace period following passage of the legislation in order to cant'out the necessary studies as referred to above,the Minister of Municipal Affairs and Housing be advised that the Municipality of Clarington's elected members of Council are,diametricaily opposed to the Municipality of Clarington being part of a Greater Toronto Services Board. However,should Clarington be guaranteed a voting representative to the Greater Toronto Services Board and should Clarington be given a three-year grace period for study purposes,the Municipality of Clarington would give its full support and co- operation to the establishment of a Greater Toronto Services Board;and THAT a copy of this resolution be forwarded to ATonks,Greater Toronto Area Moderator,The Honourabl ichael liarris,Premier of Ontario,The Honourable Allan Leach,Mi ster otlR[Wcipal Affairs and -7 n C THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting:'' SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: July 13, 1998 Res. # CD-35-98 Report #: By-law # USE OF THE TERM"CLARINGTON AND REPRODUCTION OF COAT OF Subject: ARMS OF THE'MUNCIPALITY AND THE FORMER TOWN OF BOWMANVILLE WITHOUT PRIOR COUNCIL AUTHORIZATION It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: THAT Report CD-35-98 be received for information. Report On` September 29, 1997,Council directed staff to report on the use of the name "Clarington"without prior approval of the municipal council. Since that time,the question has also arisen as to whether or not the coat of arms could be used by someone other than the municipality. In order to determine the above,the Solicitor was consulted. His response,which is self- explanatory, is attached hereto as Attachment No. 1. d This report is provided for Council's information. Respectfully submitted Reviewed by Ix yx Patti L. ame,A. .C.T. W.H. Stockwell C ` Chief Administrative Officer Attachment Attachment No. 1 Telephone (416) 360-3326 Facsimile (416) 868.1080 DENNIS C. HEFFERON BARRISTER & SOLICITOR suite 2500 130 Adelaide Street Watt TORONTO, ONTARIO M5H 2M2 TOX Box 38 17 June 1998 BY FAX CONFIDENTIATl Mayor Diane Harare and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Dear Mayor Hamre and Members of Council: Re: Use of the Term "Clarington" and Reproduction of Coats of Arms of the Municipality and the former Town of Bowvmanville Without Prior Council Authorization 1.0 Recommendations 1.1 THAT this report be received, 2.0 RUAZE9,V nd 2.1 This report deals with the use of the term "Clarington" by private persons or companies. It also deals with the reproduction of coat of arms that are the property of the Municipality by private persons or companies. 2.2 I understand that the term "Clarington was coined by a citizen task force assigned responsibility for recommending a new name for the "Town of Newcastle". The task force recommended that the Town of Newcastle be renamed the "Municipality of Clarington". The word "Clarington" combines components of the names of two former Townships, the Township of Darlington and the Township of Clarke. 2.3 The former Town of Newcastle then successfully applied to the Ontario Legislative Assembly for the enactment of a private member's Public Bill to rename the Page 2 - municipality the "Municipality of Clarington". (See Regional Municipality of Durham Amendment Act, (Newcastle-Clarington) 1993, S.O. 1993 0). All of the powers and properties of the former Town of Newcastle continue to be vested in the Municipality of Clarington. 2.4 Presently, the term "Clarington" is used both in the name of the Municipality and as a place which comprises the geographic area of jurisdiction of the Municipality. 2.5 I understand that the coat of arms of the former Town of Newcastle was commissioned by the former Town. It now is the coat of arms of the Municipality. The property right in it is vested in the Municipality. 2.6 Coats of arms are works that may be protected from unauthorized reproduction under the Canadian Copyright Act. Under this Act, copyright subsists for the life of the author or 'artist thereof plus fifty years. During this period, reproduction of the work without authorization of the owner of the copyright in it, is prohibited. 2.7 Apparently, the coat of arms of the former Town of Bowmanville was created in the period immediately following the incorporation of the Town in January, 1858. Any copyright in this coat of arms would have Iona since expired. 3.0 Conclusion and RecommendatiM 3.1 A term used in legislation such as the legislation to rename the former Town of Newcastle the Municipality of Clarington is not protected from reproduction under the Canada Copyright Act. 3.2 In my opinion, the term "Clarington" is.in the public domain. It may be used by any private person or company without prior authorization of the Municipality unless it is used in a context or manner that could be taken by a reasonable person to suggest that the user of it is a representative of, a division of. or an agent of the Municipality. 3.3 The term "Clarington" when used simply to identify a place or geographic area in which a'business is carried on (e.g. "Clarington Cleaners and Dycrs", "Clarington Cartage") would not suggest to a reasonable person that the particular business is authorized by, represents, or is a division or agent of the Municipality. The use of the term "Clarington" in such a context and for such a purpose would not require prior authorization of the Municipality. 3.4 However, if the term "Clarington" is used as part of a misrepresentation that the person employing it is a representative of, a division of, or an agent of the Municipality of Clarington and is used with the intention of deceiving the person or persons to whom the misrepresentation is made, in appropriate circumstances, the Municipality could 700 - Page 3 - obtain an order of the Court restraining the person who made the misrepresentation from repeating it. 3.5 With respect to the coat of arms of the former Town of Bowmanville created in the period ;following January, 1958, it is not a work which is protected under the Canada Copyright Act. It may be reproduced without prior authorization of Council. 3.6 On the other hand, since the former Town of Newcastle was created as of January 1, 1974, in my opinion, there is no doubt that the copyright in the coat of arms commissioncd by the former Town subsists at the present time. Consequently, any lawful reproduction of this coat of arms by a private person or company, must be authorized by Council. Authorization would be in Council's discretion. Yours very tiuly, DCH:bg Dennis C. Hefferon c. Mr. W.H. Stockwell THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTE[te # Date: July 13, 1998 Res. # CD-36-98 Report #; By-law # APPROVAL OF TILE DRAINAGE LOAN APPLICATION Subject: MILT ROBINSON, ROBINBRAE FARMS,6114 HOLT ROAD, HAMPTON, LOT NUMBER 19 AND 20,CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-36-98 be received; 2. THAT the Tile Drainage Loan Application submitted by Milt Robinson in the amount of$17,800 be approved; 3. THAT the by-law attached to Report CD-36-98 be approved and forwarded, together with all necessay support documents,to the Regional Muncipality of Durham for processing; and 4. THAT Milt Robinson be advised of Council's decision. Report Mr. Milt Robinson filed a loan application for the drainage work which was completed on June 23, 1998. Invoices totalling $23,981.92 were submitted to the Public Works Department for review. The drainage inspector inspected the works and filed an Inspection and Completion Certificate(attached)on July 7, 1998. The Act provides that loans can be applied for to offset the cost of installation up to 75 percent of the total costs incurred, to a maximum of$20,000. The interest rate applied to the loans is 8 percent. In this case, Mr. Robinson has applied for a loan in the amount of$17,800. , Report CD-36-98 -2- July 13, 1998 It is recommended that the Tile Drainage Loan Application in the amount of$17,800 be approved, the necessary by-law be passed, and all documentation forwarded to the Regional Municipality of Durham for processing. Respectfull" bmitted Reviewed by i 4 rh5� Patti L rie, .C.T. W.H. Stockwell C Chief Administrative Officer Attachment Interested parties to be advised of Council's decision: Ms. P. McNeil Mr. M. Robinson Finance Department 6114 Holt Road Regional Municipality of Durham Hampton, Ontario 605 Rossland Road East LOB 1J0 Whitby, Ontario L1N 6A3 -a d THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- being a by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act,R.S.0.1990 WHEREAS owners of land in municipality have applied to the Council uner the Tile Drainage Act,R.S.O. 1990,for a loan for the purpose of constructing sub-surface drainage works on such land; i AND WHEREAS the Council of the Corporation of the Municipality of Ciarington has upon their application, lent the owners the total sum of $17,800 to be repaid with interest by means of rates hereinafter imposed; NOW THEREFORE BE IT THEREFORE ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON: THAT annual rates as set out in Schedule"A"attached hereto are hereby imposed upon such land for a period of ten(10)years,such rates to be levied and collected in the same manner as taxes. By-law read a first and second time this 13th day of July 1998. By-law read a third time and finally passed this 13th day of July 1998. Mayor Clerk 712 _ -= �- • : �, THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE W TO BY-LAW 98- NAME AND ADDRESS OF DESCRIPTION OF PROPOSED DATE SUM TO BE ANNUAL RATE TO OWNER LAND DRAINED OF LOAN LOANED BE IMPOSED Milt Robinson Lot Nos. 19 and 20 October 1,1998 $17,800.00 $2,652.20 6114 Holt Road Concession 6 Hampton,Ontario Former Township LOB 1JO of Darlington 10-Year Repayment Factor: 14.90—8% + 713 �.. F Municipal World Limited—Form 1117 �eutco� (Rev.June 1979) INSPECTION AND COMPLETION CERTIFICATE The Tile Drainage Act, 1971,Section 4,Form 8,O.Reg. 327171,am.O.Reg.606174,O.Reg.300179 To the council of the ..........Q.` ,of .. �``� ^.............. in the...R�J�4f1°��........,'1v� C�.P�.\.�� ............ of ..... � hO 1.............�.........................., I have inspected the drainage pwork constructed on land described as Lot No.1 JL01, Con.No. O 6 and owned by....M`.,�.. .... .....................for which an application for loan was made and dated.......... q) 16 41�Q... ,19. 8 .m I certify that circumstances prevail with respect to the drainage work as indicated below. dTihe drainage work is as described on the application for loan and is completed. i_ t 0 The drainage work is completed but differs significantly from that described in the application for loan in the fo1= lowing respects: ..................................................................... C] The drainage work is completed but has the following defects: The area actually drained is hectares(approximately) „ This drainage work is 2- ;(enter either a 1 or 2) 1.an improvement of an existing system IJ z2.a completely new system The installation is N (enter either a 1 o 2) 1.systematic 2,random The actual cost of the completed drainage work is as follows: Material: Type(enter either 1,2 or 3) Size Length Cost 1.plastic,2.clay,3.concrete (millimetres) (metres) $ ¢ 25 v 6 �32 40 1 0 0 I i 11�.i1t71 1 101-111 16IN9101 .f 42 N .5 .9 so 57 P. o o i (TT 11.11 0101 S9 61 63 66 ) 74 1 S a 3 3 0 0 0 [] S-t•EEL 61 �4 1 5� o Ss�EL a 1� 1 l a 7 31 38 Installation Cost: . tcs... .. �.�� �...,`.p1KtS.................................. qi Sundry:(Specify)................��� °` < b �•t Inspection Fees: 0 mss; Total Cost: $ I 1�3�7: . 1, Amount of Loan: $ -O T01 0 0 Contractor's Name � .................�.° .............................................................................. Contractor's Address...... �....11.. 4.........-.l�aS`, ..... ^.............................................................................. . ......... Licence No,of Contractor to install drainage works under The Agricultural Tile.Drainage Installation 2 Act,1972 72 74 Machine Licence No,under The Agricultural Tile Drainage Installation Act, 1972 Kake of Machine ......................................... Signature of Land Owner.....0...�. ..... .! .4�A .................................................................................................... '. ` he s Iiatlon was made by tM Land Ownar with his own machlna)ID signature of Inspector of Drainage. ......... .......... ... ...... Date of Inspection . ��S?�e.....��`3.�. ry ............_Date Work Completed.......... 1.V.^..fir.» �.�...�..)�V..». This form to be completed in quadruplicate °" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTQfiile # Date: JULY;13, 1998 Res. # Report#: CD-37-98 By-law # Subject: THE TRANSFER OF PROPERTY STANDARDS ENFORCEMENT TO THE BUILDING CODE ACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-37-98 be received; and 2. THAT the by-laws attached to Report CD-37-98 be forwarded to Council for passage. BACKGROUND On November 21, 1996 the Provincial Government introduced Bill 96,"An Act to Consolidate and Revise the Law with respect to Residential Tenancies". The Bill was intended to bring all landlord tenant related legislation into one Act-. Among the Many aspects that the Bill addressed were several matters relating to the enforcement of property'standards by-laws. After much debate and study the Bill was finally passed and received Royal Assent and was proclaimed into law on 17 June, 1998. The act, now known as the Tenant Protection Act has a far- reaching effect on the enforcement of property standards by-laws and provincial maintenance standards. The Act recognizes the similarities between Building Code enforcement and property standards by transferring section 31 of the Planning Act entirely into sections 15.1 to 15.8 of the Building Code Act. This move does not necessarily mean that Building Inspectors are now Property Standards Officers or vice versa. The two remain separate within the new Act. The transfer does however greatly enhance the enforcement powers and options for the Property Standards Officer. -7 1 C Report CD-37-98 -2- July 13, 1998 NEW PROVISIONS Among the main features of the new Act are the following: 1 The requirement for a Property Standards Notice is removed. The Officer can proceed straight to the issuing of a Property Standards Order. This change will reduce the processing time by at least one month. 2 The procedures for issuing an Order are streamlined. The need for a full title search to discover all persons having a financial interest in the property has been replaced with a requirement to only notify the owner and"such other persons affected by it as the officer determines..." necessary. Further, the Order is now deemed to be served five days after it was sent by registered mail. The Provincial Offences Act had previously set a limit of seven days, however common practice had been to allow fourteen days. 3 The officer can now order the owner to carry out such tests as the officer deems necessary and provide samples and results at the owner's expense. For example in cases where the officer believes there is a problem with the wiring in the house, a Hydro Inspection can be ordered and the owner will have to arrange for it to be conducted. 4 Fines will increase to the Building Code Act levels, which are substantially higher than those that were provided for in the Planning Act. 5 Perhaps the most significant change is that the cost of any work done will now be recoverable as municipal real property taxes rather than as a simple lien on the property. The proposed by-law addresses these changes and h6s been adapted from the model by-law of the Ontario Association of Property Standards Officers. The Association has worked closely with the province throughout the development of the Act and is responsiblp for training property standards officer across the province. The Association developed their model in close conjunction with the Ministry of Municipal Affairs and Housing and through researching and comparing the various municipal by-laws. Due to the changes proposed in the new Property Standards By-law and its new enabling legislation a new appointment by-law is also needed. The proposed Appointment By-law now references the Building Code Act and will remain valid should there be a change of staff. 1 .� Report CD-37-98 -3- July 13, 1998 RECOMMENDATIONS Staff respectfully recommends that Committee recommend the attached by-laws to Council for passage. Respectfully submitted Reviewed by ;x , �A/f j PatVafrie, . .C.T. W.H.Stockwell Chief Administrative Officer Attachment _ 1 y 717- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- Being a by-law for prescribing standards for the maintenance and occupancy of all property within the Municipality of Clarington and repealing By-law 82-63 WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable to enact the following by-law for prescribing standards for the maintenance and occupancy of all property within the municipality and prohibiting the use of such property that does not conform to the standards; and for requiring property below the standards prescribed herein to be repaired and maintained so as to comply with said standards or to be cleared of all buildings and structures, rubbish,debris and the lands left in a graded and level condition; and Whereas the Municipality of Clarington has in effect an "Official Plan" that includes provisions relating to property standards as provided in the Building Code Act, SO. 1992, c.23; Now therefore the Council of the Corporation of the Municipality of Clarington enacts the following: PART 1 DEFINITIONS In this by-law: 1.01 "Accessory Building" means a detached building or structure, not used for human habitation that is subordinate to the primary use of the same property. 1.02 "Apartment Building" means a building containing more than four dwelling units with individual access from an Internal corridor system. 1.03 "Approved,"means acceptance by the Property Standards Officer. 1.04 "Basement" means that space of a building that is partly below grade,which has half or more of its height, measured from floor to ceiling, above the average exterior finished grade. 1.05 "Building" means a structure, whether temporary or permanent, used for or intended for supporting or sheltering any use or occupancy. 1.06 "Cellar" means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average exterior finished grade. 1.07 "Committee"means the Property Standards Committee. _T1 1 � 1.08 "Dwelling" means a building or structure or part of a building or structure, occupied or capable of being occupied, in whole or in part, for the purpose of human habitation. 1.09 "Dwelling;Unit" means a room or,a suite of rooms operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping, and sanitary facilities. 1.10 "First Storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 meters(6 feet.)above grade. 1.11 "Guard"means a',protective barrier installed around openings in floor areas or on the open sides of a stairway,a landing,a balcony,a mezzanine, a gallery,a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through it. 1.12 "Habitable Room" means any room in a dwelling unit that is designed, used or intended to be used for living,cooking,sleeping or eating purposes. 1.13 "Means of Egress"means a continuous, unobstructed path of travel provided by a doorway,'hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building, a floor area, a,room, or a;contained open space to a public thoroughfare or an approved area of refuge usually located outside the building. 1.14 "Multiple Dwelling"means a building containing three or more dwelling units. 1.15 "Non-Habitable Room"means any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dwelling for public use, and for access to and vertical travel between storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law. 1.16 "Non-Residential Property"means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein. 1.17 "Occupant" means any person or persons over the age of eighteen years in possession of the property. 1.18 "Officer"means a Property Standards Officer appointed by By-law and assigned the responsibility for enforcing and administering this By-law. 1.19 "Owner"means the person, for the time being, managing or receiving the rent of, or paying the municipal taxes on the land or premises, in connection with which the word is used, whether on his/her own account or as agent, trustee, or any other person who would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who under the terms of the lease is required to repair and maintain the property in accordance with the Standards of Maintenance and Occupancy of the property. 1.20 "Person"means an individual,firm,corporation,association or partnership. 1.21 "Property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences and erections thereon, whether heretofore or hereafter erected and includes vacant property. 1.22 "Repair" means the provision of such facilities and the making of additions or alterations or the taking of such action as in restoring, renovating, mending as may be required so that the property shall conform to standards established in this By- law. 1.23 "Residential Property"means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any lands or buildings that are appurtenant to such establishment and all stairways,walkways, driveways, parking spaces, and fences associated with the dwelling or its yard. 1.24 "Sewage System" means the municipal sanitary sewer system or a private sewage disposal system approved by the Medical Officer of Health but shall not include a system designed or intended strictly to handle ground water. 1.25 "Standards" means the standards of the physical condition and of occupancy prescribed for property by this By-law. 1.26 "Toilet Room"means a room containing a water closet and a wash basin. 1.27 "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle, boat, motorized snow vehicle, and any vehicle drawn, propelled or driven by any kind of power, including muscular power. 1.28 "Yard" means the land other than publicly owned land around or appurtenant to the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property. PART 11 GENERAL STANDARDS FOR ALL PROPERTY 2.01 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable. YARDS 2 .02 All yards and vacant lots shall he kept clean and free from: (1) rubbish or debris and objects or conditions that might create a health,fire, or accident hazard; (2) wrecked;dismantled,discarded,inoperative or abandoned machinery, vehicles,trailers, boats and/or their component parts unless it is necessary for the operation of a business enterprise lawfully situated on the property, (3) long grass, brush,undergrowth and overgrown trees,which may cause a hazard; (4) dilapidated,collapsed or partially constructed structures; (5) injurious insects,termites, rodents,vermin or other pests;and (6) dead,decayed or damaged trees or other natural growth. SURFACE CONDITIONS 2.03 Surface conditions of yards shall be maintained so as: (1) " to prevent ponding of storm water; (2) to prevent instability or erosion of soil; (3) to prevent surface water run-off from entering basements of buildings on the property; (4) not to exhibit an unsightly appearance; (5) to be kept free of garbage and refuse; (6) to be kept free of deep ruts and holes; (7) to provide for safe passage under normal use and weather conditions,day or night SEWAGE AND DRAINAGE 2.04 Sewage shall be discharged into the sewage system. 2.05 Sewage of any kind,shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. 2.06 Roof or sump drainage shall not be discharged onto sidewalks,stairs, or directly onto adjacent property. PARKING AREAS,WALKS AND DRIVEWAYS 2.07 All areas used for vehicular traffic and parking shall have a surface covering of asphalt,concrete,or compacted stone or gravel and shall be kept in good repair free of dirt and litter. 2.08 Steps,walks,driveways,parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions day or night. ACCESSORY BUILDINGS,FENCES,AND OTHER STRUCTURES 2.09 Accessory buildings,fences and other structures appurtenant to the property shall be maintained in structurally sound condition and In good repair. -71) 1 2.10 Accessory buildings,fences, and other structures shall be protected from deterioration by the application of appropriate weather resistant materials including paint or other suitable preservative and shall be of uniform colour unless the aesthetic characteristics of said structure are enhanced by the lack of such materlal. GARBAGE DISPOSAL 2.11 Every building,dwelling, and dwelling unit shall be provided with a sufficient number of suitable receptacles to contain all garbage, refuse and ashes that may accumulate on the property. Such receptacles shall be constructed of watertight material, provided with a tight fitting cover,and shall be maintained in a clean and odour free condition at all times. 2.12 All garbage, refuse,and ashes shall be promptly placed in the suitable container and made available for removal In accordance with the municipal garbage by-law. 2.13 Garbage storage areas shall be screened from public view. COMPOST HEAPS 2.14 The occupant of a residential property may provide for a compost heap in accordance with health regulations,provided that the compost pile is no larger than 2.3 square meters(25 square feet)and 1.2 meters(4 feet) in height and is enclosed on all sides by concrete block, or lumber, or in a forty-five gallon container, or a commercial plastic enclosed container designed for composting. PART 111 RESIDENTIAL STANDARDS GENERAL CONDITIONS 3.01 Every tenant, or occupant or lessee of a residential property shall maintain the property or part thereof and the land which they occupy or control, in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws. 3.02 Every tenant,or occupant or lessee of a residential property shall maintain every floor,wall,ceiling and fixture, under their control,including hallways, entrances, laundry rooms, utility rooms,and other common areas,in a clean,sanitary and safe condition. 3.03 Accumulation or storage of garbage, refuse,appliances, or furniture in public hallways or stairways shall not be permitted. PEST PREVENTION 3.04 Dwellings shall be kept free of rodents,vermin and insects at all times.Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act. 3.05 Openings,including windows,that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed. STRUCTURAL SOUNDNESS 3.06 Every part of a dwelling,shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use,having a factor of safety required by the Ontario Building Code. 3.07 Walls, roofs,and other exterior parts of a building shall be free from loose or improperly secured objects or materials. FOUNDATIONS 3.08 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of Insects,rodents and excessive moisture.Maintenance includes but Is not limited to the shoring of the walls to prevent settling,installing sub soil drains,when necessary,at the footings,grouting masonry cracks,waterproofing walls,joints, and floors. 3.09 Every dwelling,except for slab on grade construction,shall be supported by foundation walls or piers that extend below the frost line,or to solid rock. EXTERIOR WALLS 3.10 Exterior walls of a:dwelling and their components, including soffits,fascia, shall be maintained in good repair free from cracked,broken or loose masonry, stucco, and other defective cladding, or trim. Paint or other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. 3.11 Exterior walls of a dwelling and their components shall be free of inappropriate signs,painted slogans,graffiti and similar defacements. WINDOWS AND DOORS 3.12 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in good repair,weather tight and reasonably draught-free,to prevent heat loss and infiltration by the elements. 'Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and reglazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair. 3.13 In a dwelling unit all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit. _fl 2 :_ �, 3.14 Solid core doors shall be provided for all entrances to dwellings and dwelling units. 3.15 In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between Individual dwelling units and a secured entrance area, the said system shall be maintained in good working order at all times. 3.16 Every window in a leased dwelling unit that is located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would , prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter (3.9 inches) sphere. Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools. ROOFS 3.17 Roofs of dwellings and their components shall be maintained in a weathertight condition,free from loose or unsecured objects or materials. 3.18 Accumulations of ice and/or snow shall be promptly removed from the roofs of dwellings and accessory buildings which slope toward a highway or sidewalk or where such conditions could hinder the safe passage of the public. 3.19 Where eavestroughing or roof gutters are provided, they shall be kept in good repair,free from obstructions and properly secured to the building. WALLS, CEILINGS AND FLOORS 3.20 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 3.21 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of loose, warped, protruding, broken, or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects. 3.22 Every floor in a bathroom, toilet room, shower room, laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned. STAIRS, PORCHES AND BALCONIES 3.23 Inside and outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks, and other defects that may constitute accident hazards. Existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. GUARDRAILS AND BALUSTRADES 3.24 A balustrade shall be installed and maintained In good repair on the open side of any stairway or ramp containing three(3)or more risers including the landing or a height of 600 mm(24 inches).A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches and balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. KITCHENS 3.25 Every dwelling shall contain a kitchen area equipped with: (a) a sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water; (b)' suitable storage area (c)` a counter or work area,exclusive of the sink,and covered with a material that is imperious to moisture and grease and is easily cleanable;and (d), a space provided for cooking and refrigeration,appliances including the suitable electrical or gas connections. TOILET AND BATHROOM FACILITIES 3.26 Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet,wash basin,and bathtub or suitable shower unit. Every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water.Every water closet shall have a suitable supply of running water. 3.27 Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door 3.28 Where toilet or bathroom facilities are shared by occupants of residential accommodation,other than self-contained dwelling units,an appropriate entrance shall be provided from a common passageway,hallway,corridor or other common space to the room or rooms containing the said facilities. PLUMBING 3.29 Every dwelling unit shall contain at least one water closet,one wash basin,a bathtub or shower,and one kitchen sink.All appropriate plumbing fixtures shall be provided with an adequate supply of hot and cold running water.Hot water shall be supplied at a temperature of not less than 43 degrees Celsius(110 F). 3.30 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 3.31 All plumbing,including drains,water supply pipes,water closets and other plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing. ' 3.32 All plumbing fixtures shall be connected to the sewerage system through water seal traps. :� ") 3.33 Every fixture shall be of such materials,construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains, or other defect that may harbor germs or impede thorough cleansing. ELECTRICAL SERVICE 3.34 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 3.35 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards.All electrical services shall conform to the regulations established by the Power Corporations Act,as amended. 3.36 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square meter(120 square feet)of floor space and for each additional 9.3 square meters (100 square feet) of floor area a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis. 3.37 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and non-habitable work or storage room shall be provided with a permanent light fixture. 3.38 Lighting fixtures and appliances installed throughout a dwelling unit, including stairways, corridors, passageways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use. HEATING, HEATING SYSTEMS,CHIMNEYS AND VENTS 3.39 Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70 degrees F.) in the occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling units to the required standard. 3.40 All fuel burning appliances, equipment, and accessories in a dwelling shall be installed and maintained to the standards provided by the Energy Act, as amended or other applicable legislation. 3.41 Where a heating system or part thereof that requires solid or liquid fuel to operate, a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard. 3.42 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes, and gases from that part of the dwelling which Is not used, designed or intended to be,used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Ontario Building Code. 3.43 All fuel burning appliances, equipment, and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. 3.44 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke,fumes or gases from entering a dwelling unit. Maintenance Includes the removal of all obstructions, sealing open joints, and the repair of loose or broken masonry units. 3.45 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. FIRE ESCAPES,ALARMS AND DETECTORS 3.46 A listed fire alarm and a fire detection system, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, shall be provided by the owners of buildings of residential, _occupancies where sleeping accommodations are provided for more than ten persons, except that such systems need not be provided where,a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms. 3.47 In addition to the provisions of article 3.46 hereof, in,every dwelling unit in a building, a listed products of combustion detector, approved by the Canadian Standards Association or Underwriters Laboratories of Canada,or detectors of the single station alarm type, audible within bedrooms when intervening doors are closed, shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit, such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detector referred to shall; (1) be equipped with audio or audio-visual indication that they are in operating condition; (2) be mounted on the ceiling or on the wall between 152.4 and 304.8 mm(6 to 12 inches)below the ceiling. 3.48 Buildings using a fire escape as a.secondary means of egress shall have the escape in,good condition, free from obstructions and easily reached through an openabie window or door. EGRESS 3.49 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level. 3.50 Each dwelling containing more than one dwelling unit shall have at least two exits, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape.Access to the stairs or fire escape shall be from corridors through doors at floor level,except access from a dwelling unit may be through a vertically mounted casement window having an unobstructed opening of not less than 1.067 by 0.558 meters, (42 x 22 inches)with a sill height of not more that 0.914 meters, (36 inches), above the inside floor.A single exit Is permitted from a dwelling unit where the path of egress is through an exterior door located at or near ground level and access to such exit Is not through a room not under the immediate control of the occupants of the dwelling unit. 7 27' a NATURAL LIGHT 3.51 Every habitable room except a kitchen, bathroom or toilet room shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten percent of the floor area for living and dining rooms and five percent of the floor area for bedrooms and other finished rooms. VENTILATION 3.52 Every habitable room in a dwelling unit, as well as kitchens, bathrooms or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28 square meters (3 square feet), or an approved system of mechanical ventilation such that provide hourly air exchanges. 3.53 All systems of mechanical ventilation shall be maintained in good working order. 3.54 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated. ELEVATING DEVICES 3.55 Elevators and other elevating devices including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be operational and maintained v in good condition. DISCONNECTED UTILITIES 3.56 Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied:by a tenant or lessee, except for such reasonable period of time as may be necessary for the purpose of repairing, replacing, or otherwise altering said service or utility. OCCUPANCY STANDARDS a 3.57 The number of occupants, residing on a permanent basis in an individual dwelling unit, shall not exceed one person for every nine square meters of habitable floor area. For the purpose of computing habitable floor area any area with the minimum ceiling height less than 2.1 meters shall not be considered as habitable. 3.58 No room shall be used for sleeping purposes unless it has a minimum width of two meters and a floor area of at least seven square meters.A room used for sleeping purposes by two or more persons shall have a floor area of at least four square meters per person. 3.59 Any basement or portion thereof, used as a dwelling unit shall conform to the following requirements: (a) each habitable room shall comply with all the requirements set out in this by-law; 7.2 R- ' (b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from the fuel fired heating unit or other similarly hazardous equipment by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a furnace room, boiler room,or storage room. PART IV VACANT LANDS AND BUILDINGS VACANT.LAND 4.01 All vacant land shall he kept clean and free from: (1) rubbish or debris and objects or conditions that might create a health,fire, or accident hazard; (2) wrecked,dismantled,discarded,inoperative or abandoned machinery, vehicles,trailers,boats and/or their component parts unless it is necessary for the operation of a business enterprise lawfully situated on the property; (3) long grass,brush, undergrowth and overgrown trees,which may cause a hazard; (4) dilapidated,collapsed or partially constructed structures; (5) injurious Insects,termites, rodents,vermin or other pests;and (6) dead,decayed or damaged trees or other natural growth. 4.02 Vacant land shall be graded,filled or otherwise drained so as to prevent recurrent ponding of water. VACANT BUILDINGS 4.03 Vacant buildings shall be kept cleared of all garbage,rubbish and debris and shall have all water,electrical and gas services turned off except for those services that are required for the security and maintenance of the property. 4.04 The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm(0.5 inch)weatherproof sheet plywood painted a colour compatible with the surrounding walls and securely fastened. i PART V NON-RESIDENTIAL PROPERTY STANDARDS YARDS 5.01 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence not less than 1 .8 meters(6 feet) in height and not greater than 2.6 meters (8.5 feet)and maintained in good repair. This provision shall not apply to areas covered by a Site Plan Agreement. PARKING AREAS,AND DRIVEWAYS --.5.02 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair free of dirt and litter. Notwithstanding the foregoing, for non-residential properties which abut residential properties, all areas used for vehicular traffic and parking shall have a surface covering of asphalt,or similar hard surface. 5.03 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. STRUCTURAL SOUNDNESS 5.04 Every part of a building structure shall be maintained in a sound condition so as to be capable of safely,sustaining its own weight load and any additional load to which it may be subjected through normal use, having a factor of safety required by the Ontario Building Code. Structurat members or materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced. 5.05 Walls, roofs, and other exterior parts of a building of structure shall be free from loose or improperly secured objects or materials. EXTERIOR WALLS 5.06 Exterior walls of a building or a structure and their components, including soffits, fascia,windows and doors,shall be maintained in good repair free from cracked, broken or loose masonry units, stucco,and other defective cladding,or trim. Paint or some other suitable preservativee or coating must be applied and maintained so as to prevent deterioration due to weather conditions,Insects or other damage. 5.07 Exterior walls of a building or a structure and their components shall be free of inappropriate signs,painted slogans,graffiti and similar defacements. 7-M GUARDRAIL AND BALUSTRADES 5.08 A balustrade shall be Installed and maintained in good repair on the open side of any stairway or ramp containing three(3)or more risers including the landing or a height of 600 mm(24").A`handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, mezzanines and similar areas. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. LIGHTING 5.09 ' All non-residential establishments shall Install and maintain sufficient windows, skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act for industrial and commercial properties. However lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. PART VI ADMINISTRATION AND ENFORCEMENT a' 6.01 This By-law shall apply to all property within the limits of the municipality. 6.02 This By-law shall be enforced on a written complaint basis only. 6.03 The imperial measurements contained in this By-law are given for reference only. OFFICERS 6.03 The council of the municipality shall appoint a Property Standards Officer(s) responsible for the administration and enforcement of this by-law. 6.04 An officer or any person acting under his/her instructions may at reasonable times and on producing proper identification,enter and inspect any property. 6.05 An officer or any person acting under his/her instructions shall not enter any room or place actually used as a dwelling without the consent of the occupier except under the authority of a Search Warrant issued under section 21 of the Building Code Act. ORDER TO COMPLY 6.06 Where an Officer finds that a property does not conform to any of the standards prescribed in this by-law,the Officer may make an Order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the ,P734- , site is to be cleared of all buildings, structures, debris or refuse and left in a graded and leveled condition; (c) indicating the time for complying with the terms and conditions of the Order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the Order. (e) Service shall be deemed to have been made on the fifth day after mailing of the Order 6.07 An Order issued in accordance with article 6.06 shall be served on the owner of the property and such other persons affected by it as the officer determines. It shall be served personally or by registered mail sent to the last known address of the person to whom the Order is being given. REGISTRATION OF ORDER 6.08 An Order made under article 6.06 may be registered in the proper land registry office and, upon such registration, any person acquiring an interest in the land subsequent to the registration of the Order shall be deemed to have been served under article 6.06 and, when the requirements of the Order have been satisfied, the clerk of the municipality shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the Order. PROPERTY STANDARDS COMMITTEE 6.09 There shall be and is hereby established a Property Standards Committee consisting of no fewer than five members, who shall be rate payers in the municipality, appointed by By-law to hold office for the term of Council. 6.10 A member of the Council of the Municipality or an employee of the Municipality or of a local board thereof is not eligible to be a member of the Committee. 6.11 The Committee shall elect from among themselves a Chairman and shall make provision for a Secretary, said Secretary being an employee of the Municipality, but not an officer. 6.12 The Secretary shall keep on file minutes and records of applications and the decisions thereon,and all other official business of the Committee. 6.13 When the owner or occupant upon whom an Order has been served in accordance with article 6.06 is not satisfied with the terms or conditions of the Order, he/she may appeal to the Committee by sending a Notice of Appeal by registered mail to the Secretary of the Committee, within fourteen days after service of the Order. 6.14 In the event that no Appeal is taken the Order shall be deemed to have been confirmed. 6.15 Upon receipt of the Notice of Appeal the Secretary shall determine a date, time and place for the hearing of the Appeal which shall take place not less than seven days and not more than thirty days from the date of receipt of the aforementioned Notice of Appeal and shall give notice of the date, time and place of the appeal to the Applicant,the Committee members and the Officer. 6.14 Where an Appeal has been taken, the Committee shall hear the Appeal and shall have all the authority and functions of the Officer and may confirm, modify, or rescind the Order, or may extend the time period for compliance provided that, in the opinion of the Committee, the general intent of the By-law and of the Official Plan or policy statement are maintained. APPEAL TO ONTARIO COURT 6.15 The Municipality or any owner or occupant or other person affected by a decision of the Committee may appeal to a judge of the Ontario Court (General Division) by notifying the Clerk of the Corporation in writing and by applying to the Ontario Court (General Division) for an appointment within fourteen days after the sending of a copy of the Decision. 6.16 A judge of the Ontario Court(General Division)shall appoint, in writing, a time and place for the hearing of the appeal and may direct in the appointment the manner in which and upon whom the appointment is to be served. 6.17 On the appeal,the judge has the same powers and functions as the Committee. PENALTY 6.19 Every owner or occupant of property shall comply with a Property Standards Order as confirmed or modified. Should the owner or occupant fail to demolish or repair the property in accordance with an Order as confirmed or modified, the municipality in addition to other remedies, (a) shall have the right to demolish or repair the property accordingly and for this purpose with its servants and agents from time to time to enter in and upon the property;and (b) shall not be liable to compensate such owner, occupant or another person having interest in the property by reason of anything done by or on behalf of the municipality under the provisions of this article; (c) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within his/her territorial jurisdiction, a penalty in accordance with the provisions of section 36 of the Building Code Act, SO. 1992, c.23. VALIDITY 6.20 If an article of this by-law is for any reason held to be Invalid,the remaining articles shall remain in effect until repealed. 6.21 =Where a provision of this By-law conflicts with the provision of another by-law in force within the municipality, the provisions that establish the higher standards to protect the health,safety and welfare of the general public shall prevail. 6.22 This By-law may be referred to as"The Property Standards By-law" .3 �:— �. 6.23 This By-law shall come into force and effect upon the date of its final passage. REPEAL OF EXISTING BY-LAW 6.24 By-law 82-63 and its amendments are hereby repealed. BY-LAW read a first time this day of , 1998 BY-LAW read a second time this day of , 1998 BY-LAW read a third time and finally passed this day of , 1998 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- Being a by-law to appoint a Property Standards Officer And repeal By-law 89-84,being a by-law to appoint a Property Standards Officer WHEREAS the Council of the Corporation of the Municipality of Clarington has enacted By-law 98- entitled "being a by-law to prescribe standards for the maintenance and occupancy of property within the Municipality of Clarington", pursuant to the provisions of Section 15.1(3)of the Building Code Act S.O. 1992, c.23;and WHEREAS Section 6.03 of;By-law 98- requires that the Municipality of Clarington enact a,By-law appointing a Property Standards Officer(s); NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. The person(s) appointed by the Council of the Corporation of the Municipality of Clarington from time to time as Municipal Law Enforcement Officer(s) pursuant to the provisions of the Ontario Police Services Act, R.S.O. 1990, c. P15, section 15(1), is hereby appointed as the Property Standards Officer(s)for the Municipality. 2. By-law 89-84 is hereby repealed. BY-LAW read a first and second time this day of ' 1998 BY-LAW read a third time and finally passed this day of . 1998 "MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Special General Purpose and Administration Committee File # Date: Monday, July 13, 1998 Res. # Report #: CD-38-98 By-law # Subject: ACCESS TO ACCOUNT #2900-12-X FOR THE PURCHASE OF ITEMS FOR THE NEW ANIMAL SHELTER It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-38-98-98 be received; 2. THAT Staff be authorized to access 'Account #2900-12-X for the purchase of equipment in the amount of $1,200.00 in time for the official opening of the Animal Shelter to be held in the Fall of 1998; 3. THAT Staff be authorized to access the amount of$3,500.00 from Account #2900-12-X for the purchase of stainless steel cat cages; and 4. THAT the Animal Advisory Committee be advised of Council's decision. BACKGROUND On Saturday, May 2, 1998, four teenage girls and one-parent held a Dog Walkathon and raised $1,153.00 for the'Clarington Animal Shelter. Staff thinks that it would be most appropriate to present a Certificate from the Mayor and Members of Council to these individuals at the official opening of the Animal Shelter. It would also be relevant if these persons could "see" the item which their financial donation has purchased. Therefore, staff request authority to access these funds for the purchase of a cat climber. _r Report CD-38-98 - 2 - July 13, 1998 Also during the 1998 Capital Budget process, an amount of $3,000.00 was budgeted for the purchase of stainless steel cat cages. The amount should have been $6,500.00. Therefore Staff requests authorization to access these funds and purchase the stainless steel cat cages, in time for the official opening of the Animal Shelter. The Treasurer concurs with the recommendations noted below. CONCLUSION It is therefore respectfully recommended: THAT Report CD-38-98 be received; THAT Staff be authorized to access Account #2900-12-X for the purchase of equipment in the amount of $1,200.00 in time for the official opening of the Animal Shelter to be held in the Fall of 1998; THAT Staff be authorized to access the amount of$3,500.00 from Account #2900-12-X for the purchase of stainless steel cat cages in the amount of $3,500.00; and THAT the Animal Advisory Committee be advised of Council's decision. Respectfull tted, Reviewed by, -a 1 Patti L. .T. W. H. Stockwell (Cle Chief Administrative Officer MPK*PLB*hj Interested Parties: Todd Hoffman, Chairman Animal Advisory Committee 20 Maple Street Haydon, Ontario L1C 312 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY;, JULY 13 , 1998 Res.# Report M TR-5 6-9 8 File#: By-Law# Subject: CO-OP TENDER T282-98, SUPPLY AND DELIVERY OF WINTER SAND Recommendations: It is ' respectfully, recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-56-98 be received; 2 . ': THAT C.D.R. Young's Aggregates Inc. , Fraserville, Ontario, with a total bid in the amount of $67, 350 .00 (plus GST and PST) , being the lowest responsible bidder meeting all terms, conditions and specifications of the Region of Durham Co- Operative Tender T282-98, be awarded the contract for the supply and delivery of Winter Sand (Spec. II) to the Hampton Depot and the Orono Depot, as required by . the Department of Public Works; 3 . THAT T.R.T. Aggregates Ltd.., Orono., Ontario, with a total bid in the amount of $8,460 . 00 (plus GST and PST) , being the lowest responsible bidder meeting all terms, conditions and specifications ' of the Region of Durham Co-Operative Tender T282-98, be awarded the contract for the supply and delivery of Winter 'Sand (Spec. II) to the Newtonville Yard and the Ministry of Transportation Pontypool Yard, as required by the Department of Public Works; d 4 . ? THAT funds be drawn from the Public Works approved Winter Maintenance Accounts for the 1998/99 winter season requirements. BACKGROUND AND 'COMMENT: Tenders were called on a co-operative basis by the Region of Durham, which included the Supply and Delivery of Winter Sand requirements of the 'Municipality of Clarington. Tenders were received and tabulated as per Schedule "A" attached. 71 REPORT NO. : TR-56-98 PAGE 2 As per the tender specifications, the Municipality reserves the right to award the contract together or separately, whichever is in their best interest . In this instance, there is a savings of $2 , 190 . 00 by awarding the contract to two (2) separate bidders . After further review and analysis of the bids, it was mutually agreed by Purchasing and Public Works staff that the low bidder, C.D.R. Young' s Aggregates Inc . , Fraserville, Ontario, Supply and Delivery of Winter Sand to the Hampton Depot and the Orono Depot, and T.R.T. Aggregates Ltd. , Orono, Ontario, Supply and Delivery of Winter Sand to the Newtonville Yard and the Ministry of Transportation Pontypool Yard, be recommended for the contract award. The required funds will be drawn from the 1998/99 winter season requirements from which there are adequate funds available. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. , should be referred to the Director of Public Works . The prices submitted by C.D.R. Young' s Aggregates Inc. , reflect an approximate 2716 increase over the 1997 conrract prices, and the price submitted by T.R.T. Aggregates Ltd. , reflect an approximate 1915 increase over the 1997 contract price. C.D.R. Young' s Aggregates Inc. and T.R.T. Aggregates Ltd. have previously provided satisfactory service for the Municipality of Clarington. ' "' ' REPORT NO. : TR-56-98 PAGE 3 Respectfully submitted, Reviewed by, e Marano, H.'BSc. ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer Stephen A. Vokes, P.Eng. ` Director of 'Publ'ic Works MM*LB*ld -a Qn � BID SUMMARY CO-OP TENDER T282-98 SUPPLY AND DELIVERY OF WINTER SAND SPEC.II FF Location Qty- E1(t) Brock Aggregates CDR Young James Dick Cons[. T.H.Forsythe TRT Aggregate Price Total Unit Price Total Unit Price' Total Unit Price Total Unit Price Total Orono Yard Hampton Yard 950 $ 900 $ 7.40 6.65 $70,300.00 $59,850.00 S3.30 S4.00 $31,350.00 $36,000.00 $4.25 $4.40 $40,375.00 $39,600.00 $6.25 $6.25 $59,375.00 $56,250.00 S 4.15 S 4.15 $39.425.00 $37350.00 Newtonville Yard Pontypool Yard 1500(t) 300 (t) $8.20 $7.50 $ 12,300.00 $ 2250.00 S 6.10 $5.00 $9,150.00 $ 1,500.00 $5.25 $3.50 $7,875.00 $ 1,050.00 $6.85 $5.75 $ 10,275.00 $ 1,725.00 $4.95 $3.45 $7,425.00 $1,035.00 Total Spec II $144,700.00 $78,000.00 —1 $88,900.00 $127,625.00 $855.00 oc�, V DN: TR-57-98 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Special General Purpose and Administration File # Date: July 13, 1998 Res. # Report #: TR-57-98 FILE #: DEV By-law # Subject: STREET LIGHT BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. y THAT Report TR-57-98 be received for information; 2. THAT Council approve the new method of charging for street light costs as follows: through the General Mill Rate; and 3. THAT By-Laws 84-20, 92-116 and 95-124 be rescinded. 1. BACKGROUND & COMMENTS The current street light By-Law permits all properties located within 30 metres of a streetlight to be charged a special area rate. The amount charged varies per property as it is calculated by applying a special area mill rate to a property's assessment. There are two street light rates: one for the urban areas of the municipality serviced by Clarington Hydro, namely Bowmanville, Orono, Newcastle Village and one for the rural areas serviced by Ontario Hydro. This method of charging for street lights has proven to be difficult to administer. The Public Works Department notifies the Tax Department when subdivisions have been assumed by the Municipality, thus eligible to be charged for street lights. The Tax Department then must code the affected accounts with the appropriate urban or rural street. light code from maps attained from the Planning Department. This manual process results in some properties being missed. The street light inventory must continually be kept up to date, due to the Municipality's - _r 1 i REPORT NO.: TR-57-98 PAGE 2 1 rate of growth. Since Local Improvement and Special area rates are charged only on the final tax bill, any subdivisions that are assumed during the year are not charged until the following year, resulting in lost revenue. j It is also felt the method of charging is not a fair system. All residents, regardless of being within 30 metres of a light, benefit from the street lights in any part of the Municipality. I Therefore, everyone should pay through the overall tax rate. 1 The Municipality currently has warrants and criteria for the installation of street lighting through By-Law 84-21. Although all residents within the municipality will now be contributing towards street light energy charges, it is not the intention of this By-Law to expand upon the present criteria for street light installation. The Public Works Department .will continue to review all requests using the existing warrants and criteria. A survey of the area municipalities was conducted to examine the methods of charging for street lights. The following are the results: MUNICIPALITY STREET LIGHT COSTS METHOD OF CHARGING IF OVERALL GENERAL MILL RATE APPLICABLE INCLUDED NOT IN INCLUDED AJAX ✓ -Special area rate for Urban Areas BROCK -Local Improvement charge/ user fee for areas along beach OS HAWA PICKERING ✓ SCUGOG ✓ Special area rate on in Town UXBRIDGE Commercial and Residential properties WHITBY It should be noted that the taxpayers who benefit from street lights under the current system support the approximately $300,000 in capital and operating street light costs per annum. The Development Charge Reserve fund contributes to a portion of the annual capital cost as provided in the Development Charge Policy Report. Should ' 'T 8 � tee • . REPORT NO.: TR-57-98 PAGE 3 Council agree to include this cost in the municipal mill rate, the mill rate will automatically reflect an increase this year due to its inclusion. RECOMMENDATION It is respectfully recommended to Council that street light charges be collected through the general mill rate in place of the current special area rate method. Respectfully submitted, Reviewed by, rie Marano, H BSs., A.M.C.T., W:H. Stockwell, Treasurer Chief Administrative Officer. Stephe6 A. Vokes, P. Eng., Director of Public Works. MM*RS*hjl 07 July 1998 _ 1 i i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- Being a By-Law to repeal By-Law 84-20,92-116 and 95-124 for the levying of taxes for street lighting services within the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington considers it to be expedient to repeal By-Laws 84-20,92-116 and 95-124. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts the following: I 1 (a) That all properties shown on the last revised assessment roll of the Municipality of i Clarington shall be taxed for 100%for the capital and annual operating costs of the i Municipal of the street lighting services provided within a street lighting area. 1 (b) repealing the foresaid By-Laws 84-20,92-116 and 95-124. By-Law read a first and second time this 13th day of July 1998. By-Law read a third and finally passed this 13th day of July 1998. Mayor 808 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date MONDAY, JULY 13 , 1998 Res.# Report M TR-6 0-9 8 File m By-Law# Subject: CL9 8-9 ONE (1) ONLY HYDRAULIC EXCAVATOR Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. ! THAT Report TR-60-98 be received; 2 . THAT Amaco Construction Equipment Inc. , Mississauga, Ontario, with a total bid in the amount of $297, 160 . 00 (including taxes) , being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-9, be awarded the contract to supply one (1) only Hydraulic Excavator, as required by the Municipality of ' Clarington, Department of Public Works; and 3 . THAT the funds expended be provided from the 1998 Public Works Equipment Reserve Account #2900-00010-0000 . BACKGROUND AND COMMENT: Tenders were advertised and issued for one (1) only Hydraulic Excavator as required by the Department of Public Works. Subsequently, tenders were received and tabulated as follows : der :::::...............:.......... ::::<:::> ... de ...... Amaco Const. Equipment Inc. $293,400.00 $35, 000.00 $297, 160 .00 Mississauga, Ontario Sheridan Equipment $314, 696.00 $31, 000.00 $326,250 .40 Pickering, Ontario ` -j. i a i REPORT NO. : TR-60-98 PAGE 2 TENDER CL98-9 With respect to the trade-in offered on the existing 1990 Amaco Gradall, it is the opinion of staff the amount proposed is reasonable and exceeds the amount that would likely be realized at the annual Regional Auction Sale and recommend that it be accepted. The required funds will be provided from the approved 1998 Public Works Equipment Reserve Account, and are over the $280, 000 . 00 allocation as reflected in the 1998 Draft Capital Budget, Page 214, Item 3 . The Goods and Services Tax (G.S.T. ) rebate will decrease the cost by approximately $9, 000 . 00 and it is therefore recommended that the additional funds required in an approximate amount of $8, 000 .'00 also be financed from the 1998 Public Works Equipment Reserve Account . After further review and analysis of the tender by Public Works and Purchasing, it was mutually agreed that Amaco Construction Equipment Inc . , Mississauga, Ontario, be recommended for the contract to supply and deliver one (1) only Hydraulic Excavator to the Municipality of Clarington, as required by the Department of Public Works . The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc . , should be referred totthe Director of Public Works . The subject firm has previously provided satisfactory service for the Municipality of Clarington. Ain REPORT 'NO TR-6 0-9 8 _ PAGE 3 TENDER `CL98-9 Respectfully submitted, Reviewed by, /;17 arano, H.BSc. ,AMCT. , W.H. Stoc well, Treasurer Chief Administrative Officer Stephen A-. Vokes, P Eng. Director of Public Works MM*LB*1'd a ` 71 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY JULY 13, 1998 Res.# Report#: TR-61-9 8 File m By-Law# Subject: CL9 8-11, ONE (1`) ONLY FLUSHER WATER TANK Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-61-98 be received; 2 . THAT Raglan Industries Inc. , Oshawa, Ontario, with a total bid in the amount of $29, 900 .00 (including taxes) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL98-11, be awarded the contract to supply one (1) only Flusher Water Tank, as required by the Municipality of' Clarington, 'Department of Public Works; and 3 . THAT the required funds be provided from the 1998 Public Works Equipment Reserve Account $#2900-00010-0000 . BACKGROUND AND COMMENT: Tenders were publicly advertised and invited for the supply and delivery of one (1) only Flusher Water Tan] , as required by the Department of Public Works. Subsequently, one tender was received and tabulated as follows : ..................................:..:.:........................................ <i>::i::::?:`• S?;::>';:3fi:c:'•••:i:asi:assn'; ?i%`:i:i::: £i:i: ;i;it%:::i::i •i ; asc :::: is :::;ii ii i:.....: :?:: :a...... t2::: iii:::i?:::a:i:::.:•:.�..:r: ::: >.>• : •. ... : ;.::.•;o:;+: Raglan Industries Inc. $29, 900 . 00 Oshawa, Ontario i i1 REPORT NO. : TR-61-98 PAGE 2 TENDER CL98-11 After further review and analysis of the tender by Public Works and Purchasing, it was mutually agreed that Raglan Industries Inc . , Oshawa, Ontario, be recommended for the contract to supply and deliver one (1) only Flusher Water Tank, to the Municipality of Clarington, as required by the Department of Public Works. _ F The required funds, in the amount of $29, 900 . 00, will be provided from the approved 1998 Public Works Equipment Reserve Account #2900-00010-0000, as reflected on Page 214, Item 2, in the 1998 Draft Capital Budget . The total bid of $29, 900 . 00 exceeds the approved budget of $26, 000 . 00 by $3, 900 . 00, less approximately $1, 000 .00 for the G.S .T. rebate which equals $2, 900 . 00 . It is therefore recommended that the additional funds in an approximate j i amount of $2, 900 . 00 also be drawn from the Public Works Equipment Reserve Account #2900-00010-0000 . For the information of Council, *in addition to advertising, four (4) area firms were invited to submit a bid. However, Raglan Industries Inc . , was the only firm able to manufacture the required tank. The subject firm has previously provided satisfactory service for the Municipality of Clarington. Respectfully submitted, Reviewed by, a e arano, H.BSc. ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer Stepheh A. Vokes, P.Eng. Director of Public Works MM*LB*ld THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File# MONDAY, JULY 13 , 1998 Date: Res.# Report M TR-6 2-9 8 File#: By-Law# Subject: TENDER CL98-14, ELECTRICAL SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-62-98 be received; 2 . THAT Bert Snowden Electric Limited, Bowmanville, Ontario, with bid prices of $26 . 00 per hour for Journeyman Electrician and $12 . 00 per hour for Journeyman Electrician' s Helper be awarded the contract to provide Electrical Services, as required by the Municipality of' Clarington; . 3 . THAT the contract award be subject to Bert Snowden Electric Limited providing proof of current WHMIS training for all their employees; and 4 . THAT the funds expended be drawn from the various Current Budget Accounts. BACKGROUND AND COMMENT: Tenders were publicly advertised and invited to provide Electrical Services as required by the Municipality df Clarington for the period of July 1998 to July ,2000 . Subsequently, tenders were received and tabulated as per Schedule "All attached. The bid price for Journeyman Electrician represents a four percent (410 increase in the hourly rates for the 1996 tender prices. The required funds will be drawn from the various years Current Budget Accounts. 7.1 (� 1 A REPORT NO. : TR-62-98 PAGE 2 TENDER CL98-14 i For the information of Council, the Municipality of Clarington paid approximately $35, 500 . 00 to Bert Snowden for Electrical Services during the previous contract period of July 1996 to July 1998 . This is comprised of approximately $14, 300 . 00 for labour and $21, 200 .00 for parts . Bert Snowden Electric has previously provided satisfactory service to the Municipality of Clarington. After further review and analysis of the bids by Purchasing and the Property Manager, it is respectfully recommended that Bert Snowden Electric Limited, Bowmanville, Ontario, be awarded the contract to provide Electrical Services to the Municipality of Clarington, as required. It is also recommended that the award be subject to Bert Snowden Electric Limited providing proof of current WHMIS training for all their employees . Respectfully submitted, Reviewed by, Ile Ma e Marano, H.BSc. ,AMCT. , ;W.H. Stockwell, Treasurer Chief Administrative Officer F. Ho th, RDMR; RRFA Propert Manager MM*LB*ld SCHEDULE "A" BID SUMMARY CL98-14 ELECTRICAL SERVICES BIDDER REGULAR HRS. OVERTIME HRS. Bert Snowden Electric Limited 1) $26.00/hr 1) $39.00/hr Bowmanville, Ontario 2) 12.00 hr 2) ,$18.00/hr 3) $38.00/hr 3) $57.00/hr 4) 15% 5) $26.00/call 5) $39.00/call George Moore Electric 1) $25.00/hr 1) $37.50/hr Bowmanville, Ontario 2) 15.00 hr 2) $22.50/hr 3) $40.00/hr 3) $60.00/hr 4) 25% 5) $30.00/call Abacus Electric - 1) $29.00/hr 1) $48.00/hr Bowmanville, Ontario 2) $18.QQ hr 2) $27.00/hr 3) $47.00/hr 3) $75.00/hr 4) 15% 5) $40.00/call 1) Journeyman Electrician 2) Journeyman`Electrician Helper 3) Sub Total 4) Material Cost: Cost Plus 5) Minimum Charge Rate THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File# Date: JULY 13, 1998 Res.# Report#: Tu_ti4_98 File#: By-law# Subject: CASH ACTIVITY REPORT - MAY 1998 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-64-98 be received; 2. THAT, in accordance with provision of Chapter M-45, Section 79 (1) of the Municipal Act, R.S.O. 1990, the Treasurer reports the cash position of the Municipality of Clarington for the month ended May 31, 1998, is as shown on the attached schedule; and 3. THAT Part "A" of the expenditures for the month of May 1998, be confirmed. BACKGROUND AND COMMENT: The attached schedules indicate the Corporation of the Municipality of Clarington's cash transactions, status of taxes receivable information, the cash investment position, development charges information and statistical information for the month ended May 31, 1998 and the comparative information for the month ended May 31, 1997. Respec ,y submitted, Reviewed by, ari Marano, H.BSc.,A.M.C.T., W.H. Stockwell, Treasurer. Chief Administrative Officer. MAM/RS/hj1 Attachments `l- CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART"A" Analysis of Revenue and Expenditures for the Month of MAY 1998 MAY MAY i99$ 1997 REVENUE RECEIVED FOR GENERAL OPERATING AND RESERVE FUND PUPOSES: TAX PAYMENTS RECEIVED l'742 87b 2,420,195 UNCONDITIONAL GRANT MUNICIPAL SUPPORT GRANT GRANTS-IN-LIEU: GOV'T OF CANADA GIL MUNICIPAL TAX ASSISTANCE GIL ONTARIO HYDRO GIL >,Qb $4 1,046,040 CHEC HYDRO GIL MEMORIAL HOSPITAL GIL MINISTRY OF HOUSING GIL LCBO GIL REGION GIL BELL TELEPHONE GIL 213,044 ON HYDRO PROCEEDS COURTICE COMMUNITY CENTRE FUND RAISING COIW INFRASTRUCTURE GRANT NATURAL RESOURCES-PITS 8T QUARRIES SALE OF LAND SUBSIDIES: MINISTRY OF TRANSPORTATION HANDI-TRANSIT SUBSIDY DEVELOPMENT CHARGES-TOWN 174e�b4i 625,334 GENERAL 9t 11231?'; 1,234,406 INTEREST l 93 300 DEVELOPMENT CHAP GES-REGION/PUC . 4b ( i; 932,553 i 4 355 $65 6,564,872 USE OF FUNDS: PAYROLL 729; 44 1,021,082 REGION LEVY 0 0 SCHOOL BOARD LEVIES 4 0 GENERAL-INCLUDING CAPITAL EXP. 2$f3 X22,;; 2,466,663 N'ji, 3 542-4 Tflr 3,487,745 NET CASH PROVIDED (USED) 3,077,127 BANK NET CASH BANi ;'IVii`I' BANK BALANCE PROVIDED 13ALANC ',' BALANCE FINANCIAL POSITION: APR 30/98 USED MAYI /iQ$ ' MAY 31/97 GENERAL FUND 7,810,092 (5,883,598) lr +49 905,442 RESERVE FUND 2,745,438 (412,012) 232 3 324 818 MUNICIPAL POOLED INVESTMENTS 26,089 123,536 ij j' � ._ 23,421 INVESTMENTS(GENERAL + RESERVE FUND) 34,597,947 6,985,472 43,427,155 TOTALS 45,179_,566 566 813,398 45 992' G:z._. 47 680 836 NOTE A: Difference in comparison between years due to timing difference in receipt of funds. NOTE B: No longer receive the Municipal Support Grant and the Bell Telephone Grant-In-Lieu. -UKPUKA i iUN Ut I HL MU NICIPALI I Y OF CLARINGTON :ontli of Ti '.ecef- - -or the month of May 1998 PRIOR TAXES PENALTY AND INTEREST.. mv 890,895 890,895 (46,149) 246 728 11,378 258,105 (1 950.639 103.093 0 9.053.732 (1.359.844) "O "AL TAXES LEVIED (INCLUDING REGION AND SCHOOL BOARDS) 'Ek-E+OF CURRENT TAXES OUTSTANDING Includes refunds,write-offs, 496's, etc. 40TE 1: Tax payments do not de into Part A due to timing differences since Part A Is on a cash basis (le. difference due to outstanding deposits) DOTE 2: Final 1998 Budget not yet determined MAY 1997 2,865,676 58,421 2,710,081 2197846 1,178,838 160.030 272,008 8,46S.714 N/A EN,r/3 ro tai APRIL 1998 INTEREST w TAXES PAYMENTS RECEIVABLE ADDED BILLED BALANCE /ADJUST.*** CURRENT YEAR TAXES 3,459,639 3,4591639 , (974,088) : PENALTY AND INTEREST 14,677 41,541 56,217 (16,538) 1997 YEAR TAXES 2,836,301 2,8361301 (194,723) PENALTY AND INTEREST 224,489 35,762 260,251 (34,911) 1996 YEAR TAXES 1,138,01 1,138,891 (60,832) PENALTY AND INTEREST 139,020 14,413 153,433 (13,703) PRIOR TAXES PENALTY AND INTEREST.. mv 890,895 890,895 (46,149) 246 728 11,378 258,105 (1 950.639 103.093 0 9.053.732 (1.359.844) "O "AL TAXES LEVIED (INCLUDING REGION AND SCHOOL BOARDS) 'Ek-E+OF CURRENT TAXES OUTSTANDING Includes refunds,write-offs, 496's, etc. 40TE 1: Tax payments do not de into Part A due to timing differences since Part A Is on a cash basis (le. difference due to outstanding deposits) DOTE 2: Final 1998 Budget not yet determined MAY 1997 2,865,676 58,421 2,710,081 2197846 1,178,838 160.030 272,008 8,46S.714 N/A EN,r/3 ro tai PART "C" STATISTICAL INFORMATION FOR THE MONTH OF MAY 1998 Payment Received - Taxes 1,501 Pre-authorized Payments 11204 Tax Certificates 264 Number of Properties eligible for Tax Registration (see Note 1 ) 44 Accounts Payable Cheques Issued #23072 to #23510 439 Number of Births Registered 24 Number of Deaths Registered 23 Note 1 : Only includes those properties whose arrears are greater than $10,000. INVESTMENTS OUTSTANDING PART"D" AS AT MAY 31 1998 FINANCIAL INVESTMENT INTEREST - #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE GENERAL FUND MTL 2,964,390.00 4.82% 91 3,000,000.00 June 12/98 TD 2,978,400.00 4.90% 54 3,000,000.00 June 30/98 TD 2,963,370.00 4.96% 91 3,000,000.00 Aug 6/98 TOTAL GENERAL FUND 8'9pb 160.00 RESERVE FUND RBC 34,731.25 7.20% 1,740 48,337.00 Aug 8/00 RBC 1,001,705.00 6.80% 1828 1,392,61 1.00 Mar 15/01 RBC 820,799.37 7.16% 1358 1,061,287.00 July 6/99 RBC 250,000.00 8.00% 184 350,000.00 Mar 1/00 RBC 61,000.00 9.00% 1460 82,960.00 May 1/99 RBC 999,999.48 7.70% 1718 1,417,032.00 Feb 6/00 RBC * 295,000.00 8.50% 3285 295,000.00 May 26/04 RBC 601,120.00 7.95% 1366 800,000.00 Feb 20/99 WOOD GUNDY 344,316.13 7.90% 1135 436,064.00 July 13/98 RBC 2,063,810.92 7.95% 1688 2,937,391.00 )an 13/00 RBC 158,000.00 7.50% 1095 158,000.00 June 8/98 514,000.00 7.75% 1825 514,000.00 June 8/00 RBC 234,787.20 7.30% 837 296,000.00 Nov 14/98 RBC 862,564.39 7.43% 1316 1,117,022.00 March 8/99 RBC 999,999.65 8.20% 1825 1,482,799.00 Aug 8/00 RBC 499,99.9.62 7.80% 1043 619,655.00 July 3/98 RBC 475,000.00 8.58% 2761 475,000.00 Mar 17/03 RBC 999,999.76 6.20% 1,252 1,229,256.00 July 6/99 RBC 138,709.23 6.25% 1,637 182,057.00 Aug 1/00 RBC 99,999.64 7.10% 1,906 143,061.00 May 14/01 RBC 72,000.00 6.10% 730 80,640.00 June 18/98 RBC 40,397.70 7.20% 1578 54,562.00 Aug 8/00 RBC 1,999,999.91 5.90% 762 2,251,745.00 Sept 1/98 RBC 299,628.50 5.30% 1396 365,000.00 Sept 1/00 RBC 180,862.43 5.63% 1549 228,160.00 Feb 1/01 RBC 573,533.32 4.01% 724 619,969.00 Nov 14/98 RBC 933,400.00 5.20% 1827 1,202,670.00 Nov 12/02 RBC 1,568,561.00 4.75% 350 1,640,000.00 Mar 4/99 IWOOD GUNDY 500 000.00 5.22% 365 526 100.00 r 16/99 INVESTMENTS OUTSTANDING PART"D" AS AT MAY 3111998 FINANCIAL INVESTMENT INTEREST #OF DAYS MATURITY MATURITY INSTITUTION COST RATE O/S VALUE DATE ii RESERVE FUND RBC 58,479.40 5.95% 2032 80,639.00 Dec 15/02 RBC 25,125.57 5.95% 2025 34,613.00 Dec 15/02 WOOD GUNDY 715,539.24 3.70% 356 741,000.00 June 2/98 RBC 427,625.00 5.50% 1628 542,878.00 Dec 1/01 RBC 250,000.00 3.00% 180 250,000.00 June 21/04 RBC 1,109,499.87 4.75% 817 1,230,317.00 Mar 1/00 RBC 1,109,500.90 5.05% 1213 1,307,911.00 Apr 1/01 i WOOD GUNDY 869,000.00 5.06% 271 938,520.00 Nov 1/98 i HONG KONG 2,135,742.30 5.07% 90 2,162,738.67 Aug 10/98 RBC 2,577,616.00 4.15% 383 2,690,060.00 Sept 1/98 BNS 2,500,000.00 4.82% 90 2,529,712.33 June 11/98 WOOD GUNDY 402,102.80 4.82% 608 434,678.00 Dec 1/99 WOOD GUNDY 171,793.70 4.82% 608 185,691.00 Dec 1/99 WOOD GUNDY 1,627,643.46 4.72% 333 1,696,876.00 Mar 1/99 MTL 1,073,666.00 5.03% 178 1,100,000.00 Nov 19/98 TOTAL RESERVE FUND g -oi .74 TOTAL INVESTMENTS 'Jl`58 41.8.7�F * Bond investment. Interest paid on a semi-annual/annual basis 8 2t �.~ DN:CASHPTE PART"E" May-98 JE Development Charges Total Lot Levies Town Region EC. .E.C. Eiram Dev. 51,156.00 - 51,156.00 - L10,C.3, Bowmanville 40M1776 B/P#98.0195-0201 Carnovale Homes 24,878.00 - 10,262.00 14,616.00 - L.34, C.2, Darlington. 40M1847 B/P#98.0277, 0311 Veenstra Construction 7,403.00 - 5,131.00 1,643.00 629.00 L.11, BFC., Bowmanvi Ile B/P#98.0106 Devon Downs Dev. 49,756.00 20,524.00 29,232.00 - L.31, C.3 Darlington 40M1880 B/P#98.0242-0245 Andelwood Homes 12,439.00 5,131.00 7,308.00 - L.32, C.3,Darlington 40M1893 B/P#98.0319 B.Lachanse 6,774.00 5,131.00 1,643.00 - L.24, C.2, Darlington B/P#98.0227 Kimmar Home Improvements 6,774.00 - 5,131.00 1,643.00 - (H.& K. Pannekoek) ' LD246197 B/P#98.0322 Kaitiin Group 48,538.72 - 19,306.72 29,232.00 - L.17, C.1, Darlington 40M 1904 B/P#98.0317,0338,0349-0350 Kaitlin Group 32,186.00 - 10,262.00 21,924.00 - L.16, CA,Darlington 0M1881 B/P#98.0314-0316 Ridge Pine Park 615.00. - 615.00 - Lot 150,BFC,Darlington B/P#98.0389 Q � DN:CASHPTE PART"E" May-98 Development Charges Total Lot Levies TowIn ==Reglon C.H.E.C. Royal Homes 6,774.00 - --5—.13-1. 0 1,643.00 (G. & E. Frick) L.3, C.9, Darlington B/P#98.0279 Halminen Homes 12,190.92 - 4,882.92 7,308.00 L.30, C.2, Darlington 40M1902 B/P#98.0313 F. &E. Longo 12 439.00 - 5,131.00 7,308.00 L.31, C.2, Darlington B/P#98.0335 Baywood Homes 205,013.60 - 78,021.60 116,928.00 10,064.00 L.12, C.2, Bowmanville 40 M 1852 B/P#98.0256-268, 0270-272 v Kaitlin Group 43 848.00 - 43,848.00 L.17, C.1, Darlington - 40M 1907 B/P#98.0333, 0336-0337, 0339, B/P#98.0347-0348 TOTALS 520,785.24 0.00 174,660.24 335,432.00 10,693.00 8 - �� DN:CASHPTE PART"E" May-98 CONTRIBUTIONS -CASH-IN-LIEU OF PARKLAND J.'Mercz 1,400.00 L.29, C.3,Clarke DEV90-096 Halmineni Homes 3,000.00 L.33,C.2,Darlington, LD17-19/98 Total Cash-in-Lieu of Parkland 4,400.00 CONTRIBUTIONS -ENGINEERING AND INSPECTION FEES 0.00 Total Engineering and Inspection Fees Contributions 0.00 t CONTRIBUTIONS -ROADS Canadian Tire Real Estate Ltd 150,000.00 DEV98.016 L.15& 16, C.1, Darlington Halminen Homes 381.00 L.33,C.2 Darlington LD17-19/98 s Total Roads Contributions 150,381.00 n .4 r- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY JULY 13 , 1998 Res.# Report M TR 6 5-9 8 File#: By-Law# Subject: RFP98-2, GROUP 'BENEFITS CONSULTING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-'65-98 be received; 2 . THAT the Consulting Services of Buffet Taylor & Associates be retained to administer the Municipality' s benefit plans for the period from August 1, 1998 to May 1, 2000; 3 .4 THAT recommendation #2 above be subject to a six (6) month probationary period; 4 . THAT should satisfactory service not be received during the six (6) month probation period, the contract be cancelled; and 5 . THAT upon the expirx,of the initial contract term of May 1, 2000, pending satisfactory pricing and service, the contract automatically be renewed for an additional two (2) years. BACKGROUND AND COMMENT: On February 23, 1998, Council resolution #C-179-98 directed that a tender be issued for Benefit Consulting Services, with the results reported to Council for approval. Subsequently, RFP98-2 was advertised and issued with proposals being received as follows p 3 _ s `U '1. REPORT NO.-: TR-65-98 PAGE 2 ENT fiQTA7� �C"fJNSULT� &'' MINI.STR 'Ifs T ' Pace Consulting 2% North York, Ontario Mosey & Mosey 2 . 950 Pickering, Ontario Buffet Taylor & Associates 3 . 5% Whitby, Ontario Seabury & Smith 4 . 0% Toronto, Ontario Manion Wilkins & Associates 4 .5% Etobicoke, Ontario As identified in the terms and conditions of the Request for Proposal, the proposals were evaluated on experience with umbrella plans for group benefits, administration services, capabilities and proven track record with public sector, scope of proposed consulting services, respondent qualifications, references, pricing, and customer service capabilities. Based on the review by the evaluation committee, which was comprised of the Treasurer,. the Deputy Treasurer, the Purchasing Manager, and the Payroll Clerk II, the two highest scoring firms, that being Mosey & Mosey, and Buffet Taylor Associates were invited to make a presentation to the committee. After further review and analysis of the proposals by these two firms, the committee consensus is that both firms are basically equal in their experience and qualifications to service the Municipality of Clarington. The fee proposed by Mosey and Mosey is approximately one half percent ( a) lower than that submitted by Buffet Taylor Associates, which equates to approximately $3, 000 .00 per year. REPORT NO. : TR-65-98 PAGE 3 It is the opinion of staff that the associated administration costs for staff time and involvement to change from the current Benefit Plan Administers would exceed the projected savings in fees . During the past year there have been some concerns with respect to the quality of service provided by Buffet Taylor Associates. However, there has been a significant improvement over the past three (3) months. In addition, Buffet Taylor Associates have provided the Municipality with ;a service guarantee for the new contract which states that if they fail to meet our service expectations in any way, they will credit the Municipality with 10% of the t.otal fees for that year towards the next year' s fees for service. It is anticipated that this level of service will be maintained throughout the term of the contract . However, if at any time throughout the term of the contract unsatisfactory service is received, there is provision in the Request for Proposal that the Municipality of Clarington reserves the right to cancel at any time, upon sixty (60) days written notice. For the information of Council, Buffett Taylor Associates have acknowledged that the service received in 1997 was not at a standard satisfactory to the Municipality and have consequently extended their service guarantee of a ten percent (100) rebate based on the previous year's fees . , It is therefore recommended that the contract for Group Benefits Plan Consulting, be awarded to Buffet Taylor Associates to commence immediately and to expire May 1, 2000, and that this award be subject to a six month probation period. Failure of Buffet Taylor Associates to provide satisfactory service will result in contract cancellation. It is further recommended that upon expiry of the initial contract term of May 1, 2000, that pending satisfactory service and pricing the contract be automatically renewed 'for an additional two year term. REPORT NO. : TR-65-98 PAGE 4 Respec ully submitted, Reviewed by,-4dAzzn arse Marano, H.BSc . ,AMCT. , W.H. Stockwell, Treasurer Chief Administrative Officer MM*LB*ld 8 (} . �o THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting; GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: MONDAY, JULY 13 , 1998 Res.# Report#: TR-6 6-9 8 File#: By-Law# Subject: TENDER 'CL98-15, `WELLINGTON STREET, GEORGE STREET, ONTARIO STREET AND BROWN STREET RECONSTRUCTION, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to 'Council the following: 1. TI�AT Report' TR-66-98 be received; 2 . THAT Balterre Contracting, Peterborough, Ontario, with a total bid in the amount of $1,!244,355.`79, (including G.S.T. ) being the lowest responsible bidder meeting all -terms, conditions and specifications of Tender CL98-15, be awarded the contract for the Wellington Street, George Street, Ontario Street and Brown Street Reconstruction, as required by the Department of Public Works; 3 . THAT the total funds required in the amount of $916, 000 . 00 ($627, 150. 90 Municipality of Clarington portion of tender + $75, 000 . 00 Contract Administration + $56,400 . 00 Utilities + Contingencies + G.S.T. ) be drawn from the approved 1998 Capital Budget Account #7205-98001-0261; 4 . THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved; 5 . THAT the Reconstruction of Scugog Street, as identified in the approved 1998 Public Works Capital Budget be cancelled; 6 . THAT $116, 000 : 00 from the Scugog Street Reconstruction be re- allocated to Tender_CL98-15 ($99, 325 . 00 tax levy + $16, 675 . 00 Public Works Development Charge) ; and 7. THAT the award be subject, to the approval of the Region of Durham.' t 830 REPORT NO. : TR-66-98 PAGE 2 BACKGROUND AND COMMENT: Tender specifications were provided by Totten Sims Hubicki Associates for the Wellington Street, George Street, Ontario Street and Brown Street Reconstruction, as required by the Department of Public Works. Tenders were advertised in the local papers, as well as the Daily Commercial News. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The Municipality of Clarington' s portion of the total project cost, including Project Administration, as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule "C" is estimated at $916, 000 . 00 . Included in the total tendered price of $1, 244, 355 . 79 is work to be performed on behalf of the Region, as identified in Schedule "C" for which they will be invoiced as appropriate . The original budget for this project was $800, 000 . 00 as provided for in the Public Works Draft Capital Budget, Page 185 . As identified in the attached letter from Totten Sims Hubicki Associates, marked Schedule "C" , additional works was added to the tender to include George, Ontario and Brown Streets to be reconstructed from King Street to Wellington Street rather than from Church Street to Wellington Street. As approved in the 1998 Capital Budget, reconstruction of Scugog Street from Middle Road to the north limit of the new St. Stephen's School site was to take place this summer. However, funds contributed by a private developer are now not available. It is recommended that this project be cancelled and that funds in the amount of $116, 000 . 00 be re-allocated to the Wellington Street Reconstruction (Tender. CL98-15) . REPORT NO. : TR-66-98 PAGE 3 The total required funds will be drawn from Public Works Account #7205-98001-0261 . ' Although the low bidder has not previously performed for the Municipality of Clarington,' they have provided satisfactory service of similar scope for other Municipalities. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. , should be referred to the Director of Public Works. After -further review and analysis of the bids by Public Works, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Balterre Contracting, Peterborough, Ontario, .be recommended for the contract for the Wellington Street, w George Street, Ontario Street and Brown Street Reconstruction. Respectfully submitted, Reviewed ie` Marano, H.BSc. ,AMCT. , S 1, Treasurer' i Adm' istrative Officer �s Stephen A. Vokes, P.Eng. Director of Public `Works MM*LB*ld SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Balterre Contracting, Peterborough, Ontario, for the Wellington Street, George Street, Ontario Street and Brown Street Reconstruction, Bowmanville. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, a Contract between Balterre Contracting and said Corporation; and 2'' THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of July, 1998. By-law read a third time and finally passed this day of July, 1998. Mayor Clerk 833 SCHEDULE 'B" BID SUMMARY CL98-15 WELLINGTON STREET, GEORGE STREET, ONTARIO STREET, BROWN STREET RECONSTRUCTION BIDDE Z `TOTAL BID'AMOUNT . , Balterre Contracting Limited $1,244,355.75 Peterborough, Ontario B.N. Fenton Construction Ltd. $1,273,609.77 Courtice,'Ontario Hard-Co Construction Ltd. $1,310,411.35 * Whitby, Ontario Campus Construction Inc. $1,311,825.89 * Concord, Ontario Ron Robinson Limited $1,312,178.67 Oshawa, Ontario Miwel Construction Limited $1,385,325.90 Stouffville, Ontario Pachino Construction Co. Ltd. $1,635,127.22 Stouffville, Ontario * Error in calculations Rid SCHEDULE "C" NMI totteln rims hubicki associates July 8, 1998 Mrs, Lou Ann Birkett, CPP, AMCT, Purchasing Manager Corporation of the Municipality of Clarington Municipal Administration Centre, 40 Temperance Street BOWMANVILLE, Ontario LIC 3A6 Dear Mrs, Bitkett: Re: Contract No. CL98-15, Wellington Street, George Street, Ontario Street and Brown Street Reconstruction, Dowmanville, Municipality of Clarington Tenders for the above project were opened at the municipal office on Friday, July 3, 1998, at 2:00 pm„ The bids received inclusive of GST are summarized as follows. BIDDER TOTAL BID i111TOUN'T-.`.- (itiJ, Balicrre Contractin8, Peterborough,Ontario 51,244,355,75 B.N. Fenton Construction,Ltd., Courticc,Ontario Flard-co Construction Ltd.,Whitby,Ontario 51,273,609,77 51,310,4t1.35* Campus Construction Inc., Concord,Ontario 51,311,825.89* Ron Robinson Ltd., Oshawa, Ontario N4iwel Construction Ltd.,Stouffvillc, Ontario 51.313,178.67 * Pachino Construction,Stouffvillc, Ontario $1,385,325.90 S 1.635,127.22* "Error in calculations The low bidder's submitted tender has been reviewed and is in order. Balterre Contracting Limited has constructed a number of subdivisions within the Municipality of Clarington and has completed numerous reconstruction projects of similar scope for other municipalities, References contacted indicated no problems with their performance and therefore, we recommend acceptance of their low bid. With respect to the overall cost of the project, we have attached a breakdown bayed on the low bid. It identit=ies the cost responsibility for the various elements of construction, utility relocation, design, tendering and contract administration. The Region of Durham has reviewed the breakdown and are in agreement with the costs allocated to them. t ENGINEERS ARCHITECTS AND FUNNERS Mrs. Lou Ann'134kett, CPP, AMCT, Purchasing Manager Tu;V g. 1998 2 17 ;; pro jject was originally tendered as CL98-4. As a result of the cancellation of the Scugog Street re�.�nstruction project from the 1998 Capital Works Program and the availability of additional funds from Durham Region, the limits were extended and the project was retendered as CL98-15. Under the new conxact limits George, Ontario and Drown Streets will now be reconstructed from King Street to Wellington Street rather than from Church Street to Wellington Street. The extended limits will allow the Region of Durham to address a number of deficiencies in their sewer collection and water distribution sys:ams. In addition, the revised scope of the project:vili address a number of comments received from residents at an Information Centre held on March 31, 1998. The original budget fur this project was $800,000,00. The estimated cost to complete the contract with the limits extended based on the low bid is$916,000,00. The additional $116,000, required can be obtained from the $4SO,000 budgeted in 1998 for the reconstruction of Scugog Street from Middle Road to the north limit of the'ttew St. Stephens School Site. This project was cancelled by Public Works because funds to rt consibuted by a private developer were not available. The breakdown of funds to be taken from the be Scugog Street project is $99,325 from tax levy and $16,675 from the Public Works Development Charge, Tender deposits may he returned to all contractors except the low and second low bidders, Shocld Y()u require any further information, Please contact the undersigned. Yours truly tottpn rims hubicki associates William Ut cCrae, P.Eng, Desi;n/consttuction Engineer' WNfz.a,- Pc: S;A. Vokes, P,Bng,, Director of Public Works A_S, Cannella, CET, ?.Manager of Engineering K. Rand t totten sims hubicki associates; MUN1L1oALITY OF CLARINGTON WELLINGTON STREET,GLOR--E STREET.ONTARIO STREET 4.BROWN STREET RECONSTRUCTION BOW -mVILLE C=1 APPORTIONMENT FOR L071810 RECEIVED FROM 13ALTERRE CONTRACTING LIMITED COk'TRACT No.CL94.15 .My B,1996 T.S.F!.ProJcc:No.12-10705,12-10757 ' DESCHIPIONOFI1t:M TOTAL COST CLAW`rTO�v T— f2E ION OF DURHAM HEMAk,C.S Wcllingcon George,O�Urb 6 R4ee1 Or own Stints 0t4TRUCTION PART A- Roadwork 4607,332.50 $607,.''''.c5C oART 8&C Socoon 2- Sanrwry S—y 5308,040.80 5143.OG5.6O 1164,075.20 Section 3- Watvmaln 5210,826.00 $95,861.00 $114,965.00 SECTION,(. G—..r0:h— $X,750= 519,t I:a. $7,025.00 19,105.0I I4wet«1 Iln Oe!o„I tµILd Cnrnbuebm Crnu T07A—CONSTRUCTION 11,161,940,50 U770v-.`+J 5747,461,49 17s4,141,e1 'HCt LI NARY DCGION A INI'UHMAHON Cl N1111 (I.h K I:'-IU/l1U) 131,I'm.74 Noy,10,IU7l b 6101 76,I!PXI) OETA-ED DESIGN 6 TENDERING(tsh r 12.1=7 ) 108,676.80 128,51E•3 r.� l Y1�n -?�'•a „±� t„yn1,t,Q�l:iu��:1 R .fa:�'�:il,ii e� D�lir�:u�LiiL'i• IOU;—1'—'Cr.t,r.Uuuwi j Devon D..nly(1.1,l 12.10721) 'Aw.29,19W to)Aar 23.1908) SIDE STREET SURVEY 4 DESIGN(at-.x 12.10755) 19,700.17 $9,70:17 :flay 24.1908 to June 20,IWO) ADMINISTRATION(to 0 12.107701 $140,000.00 $75,OOC•.CC 530,000.00 S35,000.00 Estj—ted L�,G:�C B.sed on L_ /Ed Comvi,—=Coss T1KR COSTS gym,on Mydm Re"tcn Work 520,000.00 S20.00C Zi. Estimated ;.4, rt Gas Rolocatim Work 550,000.00 530,0::.07 $15,000.00 55,000.00 Estimated Lt-.<d Svrvey $5,000.00 $5,000.0: Eatinut d ' '„e rmntory $1.407.00 $1.40011 VB.TO':.L $1,489,306.01 $828,350.00 $310,110.79 $350,845.22 MUN CF•%L SHARE OF G.S.T.(43a OF 7%) $44,626.11 $24,933:-1 59,334.33 $10,560,44 I f NTWaSICES 5117,965.89 562,716.62 $25,554.88 529,594.34 10TAL=, 51,652 000.00 5916,00:.Z 5 aa5,C00.00 $391,006.00 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON T REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JULY 13, 1998 Res. # By-Law# Report#:—CCs 10-98 File #: Subject: 1998-99 SCHEDULE OF RATES AND FEES Recommendations: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report No.CS-10-98 be received;and 2, THAT Council approve the attached proposed schedule of Rates and Fees,effective September 1, 1998. 1.0* BACKGROUND 1.1 Each year staff of the Community Service Department initiate the process of reviewing the established rates and fees for the various services and leisure opportunities provided by the Department. This process recognizes many factors that influence the public's participation_as well as the associated operational costs that are incurred in providing them. The last increase in rates and fees was approved in 1996 as a result of Provincial downloading. 1.2 The mandate of the 'Community Services Department is to ,provide quality services and leisure programs at reasonable rates.'To this end, the Department has taken initiatives (eg. Discount coupons) to promote and encourage our residents to participate in specific programs and/or memberships. Further;'to assist families, the Department continues to promote a FamilyDiscount whereby the first two(2)children in a family register at the established fee and all subsequent children are registered at a 50%discount of the fee.Both of these initiatives have enabled the Department to achieve,and in many cases,surpass expectations and previous participation levels. 1.3 The body of this report,and its attachments,will outline current rates and fees as administered by the Community Services Department, recommending adjustments as required. J2 PpCYtlEO PPIEH 10,01 ♦PE11 ®NECYCIE CS-10-98 -2- JULY 13, 1998 2.0 PROGRAM RATES&FEES 2.1 Attachment #1 outlines the fees applied to the various programs administered and implemented by the Community Services Department. This category includes instructional /structured programs, such as swim lessons and day camps, aerobics, as well as unstructured programs and activities such as recreational public swims and skating. 2.2 There is a new category being introduced for the 1998-99 operational year identified as "senior" public skate and swim. Over the past several years seniors have been admitted free to these activities, however,with the growing number of seniors utilizing our facilities at various times throughout the day and evening, it is appropriate to consider a fee category for senior admission to be the same as that for youths. 2.3 Programs such as Aqua Quest Level 1 to 1V show an increase in fees due to increased Red Cross material and affiliation fees. Aqua Quest levels five to twelve show an increase as these Aevels provide an increased time frame of fifteen minutes (i.e.Level 1-4=30 minutes/Level 5- 12=45 minutes). 2.4 Similarly the leadership program category such as Bronze Medallion, Bronze Cross, Instructions and National Lifeguard Service have increased due to continued higher costs of Instructors/Trainers,administration and exam fees associated with the Canadian Red Cross and Life Saving Society. 2.5 Adult programs such as Aqua Fitness and Aerobics show a slight increase in fees,as additional cost of program equipment is required to expand for more registrants in all classes. 3.0 MEMBERSHIPS 3.1 Attachment#2 identifies the various membership rates for our facilities, no increases to these categories have been recommended. As members of Council are aware, the Courtice Community Complex has been in operation less than a year and membership sales continue to grow. Most popular memberships are annuals, with renewal in September 1998, therefore, maintaining membership rates will promote renewals within our first year of operation. 3.2 The Community Services Department encourages family participation with a new Family Facility Membership proposed for the 1998/99 season. Several inquiries have prompted staff to recommend this new category entitling two adults and their children access to both the Courtice Community Complex and the Clarington Fitness Centre. This membership is also available in 6 month; 1 month and.10,ticket categories providing families the flexibility of shorter duration memberships at an affordable rate. ../3 I . .1002 CS-10-98 -3- JULY 13,1998 4.0 FACILITY RENTALS 4.1 The Community Services Department is committed to keeping Facility Rental fees (Attachment#3)as reasonable as possible,however,staff has reviewed fees from neighbouring Municipalities in considering adjusting current rates. For the most part, rates for ice/pool rentals are generally low in Clarington compared to other municipalities and as such , staff is recommending increases to ice rentals and some pool rentals to offset that discrepancy. 5.0 MULTI-PURPOSE ROOM RENTALS 5.1' All rates and fees for Multi Purpose Rentals (attachment #4) are recommended to stay at current levels, however, the current rates will no longer include a certified bartender. Wherever licensed events require a certified bartender, an hourly fee of$14.00/per bartender wall be charged.i 5.2' Again, inquiries have prompted staff to propose a new category for hourly rentals of our kitchen facilities. Local catering firms have enquired as to the possibility of renting our kitchen facilities during daytime hours, and staff is recommending this fee anticipating increased revenue generation in our Multi-Purpose Facilities. 6.0 SUMMARY 6.1 The Community Services Department has'focused efforts on maintaining the high quality of programs and services,at reasonable rates and fees which the public has come to accept. In preparing this report and the schedule of rates and fees, staff have reflected the costs of providing these opportunities in comparison to similar rates and fees charged in neighbouring municipalities. Overall, rates and fees charged in Clarington are competitive with similar programs and facilities throughout the Durham Region. Respectfully submitted, Reviewed by, a,Director W.H.Stockwell, Co unity Services Department Chief Administrative Office JPC:CG:SR:pg Attachments n n -7 COMMUNITY SERVICES-RATES&FEES ATTACHMENT 1-PROGRAMS PRO GRAD GCG CFC CCC � u �..j .> E ... . ,l.�.g � ,... . 1999 . r C SWIM11xYNG ADULTS-DAILY 3.00 _ 2.75 3.00 2.75 ADULTS-10 TICKET 23.70 18.70 23.70 18.70 YOUTH/SENIOR-DAILY 2.00 1.75 2.00 1.75 YOUTH/SENIOR-10 TICKET 17.00 12.00 17.00 12.00 FAMILY-DAILY 6.00 5.50 6.00 5.50 FAMILY-10 TICKET 38.00 33.00 38.00 33.00 ..a ���IONS ADULTS 7.00 7.00 YOUTH/SENIOR /q( 3.50 /�/� X3..50 1 .S Main \ a 'k�'S' '�' G73a?,�st36. U�.71�'.A. >E2y�`n... e,�a\CE� YOUTH TRIATHLON TRAINING Junior 50.00 Junior 50.00 (PER MONTH) Senior 75.00 Senior 75.00 (16) 150.00 month N/A ADULT FITNESS (24)68.00 (24)68.00 (24)64.00 (24)64.00 AEROBICS (36)92.00 (36)92.00 (36)88.00 (36)88.00 I (48) 115.00 (48) 115.00 (48) 110.00 (48) 110.00 LOA ki M&MM 11 DAILY 47.00 47.00 44.00 44.00 WEEKLY 132.00 132.00 126.50 126.50 1 DAY 30.00 30.00 27.50 27.50 5 DAYS 80.00 80.00 77.00 77.00 IR 10 DAYS 127.00 127.001 121.00 121.00 5 DAYS 75.00 75.00 71.50 71.50 a� AQUA QUEST-AQUA TOTS 45.00 45 00 43.00 43.00 AQUA QUEST LEVEL 1- 4 45.00 45.00 i AQUA QUEST LEVEL 5- 12 50.00 50.00 43.00 43.00 BRONZE MEDALLION 100.00 100.00 79.00 79.00 BRONZE CROSS 105.00 105.00 81.50 81.50 AQUA-LEADERS 105.00 105.00 66.00 66.00 INTSTRUCTOR/N.L.S. 150.00 150.00 137.50 137.50 SEW-1 -PRIVATE(10) 93.00 93.00 88.00 88.00 PRIVATE(10) 160.00 154.00 154.00 154.00 AQUA-ADULT INSTRUCTION 55.00 55.00 50.00 50.00 AQUA-FIT 69.00 69.00 (12)66.00 (12)66.00 92.00 92.00 (24)88.00 (24)88.00 135.00 135.00 (36) 132.00 (36) 132.00 BRONZE STAR 58.00 58.00 JUNIOR LIFEGUARD 60.00 60.00 53.50 53.50 SYNCHRONIZED 50.00 50.00 45.00 45.00 ALL FEES QUOATED INCLUDE FEDERAL G.S.T. SENIOR POOL/SKATING NEW NOTE:Number in()indicates the number of classes included in the program. 1 .0 0 4 COMMUNITY SERVICES-RATES&FEES ATTACHMENT 2-MEMBERSHIPS POGAM/S VT( CC Rim C 'xGt F CCC f C �K�; ADULT � 12 MONTHS 120.00 104.50 120.00 104.50 ._. .. _ ._..._.... - - ....._____ _ _...... ---- 1 MONTH 30.00 27.50 30.00 27.50 YOUTH/SENIORi 12 MONTHS 60.00 55.00 60.00 55.00 1 MONTH 15.00 13.00 15.00 13.00 FAMILYz � z 12 MONTHS 190.00 176.00 190.00 176.00 1 MONTH 50.00 44.00 50.00 44.00 N c. .a 1, a F' c a: a a ADULT . 12 MONTHS 20'. 0.00 170.50 200.00 170.50 3 MONTHS - 115.00 99,00 115.00 99.00 10 TICKETS' 70.50 60.50 70.50 60.50 ... .� ,. ..,�.> �..., .12 MONTHS -.,. � ff � .,_.� ,._ �..�. wiflum 105.00 88.00 105.00 88.00 3 MONTHS 55.00 49.50 55.00 49.50 10 TICKETS; 32.00 27.50 32.00 27.50 CORPORATE 25%DISCOUNT ON ADULT MEMBERSHIPS $150.001 150.001 150.001 150.001 BUSINESS BUSINESS BUSINESS ' BUSINESS z pu 12 MONTHS 264.00 264.00 264.00 264.00 6 MONTHS 150.00 150.00 150.00 150.00 1 MONTH 30.00 30.00 30.00 30.00 10 TICKETS 70.00 70.00 70.00 70.00 12 MONTHS 195.00 195.00 195.00 195.00 6 MONTHS'' 115.00 115.00 115.00 115.00 1 MONTH ! 20.00 20.00 20.00 ' 20.00 10 TICKET 50.00 50.00 50.00 50.00 12 MONTHS 575.00 NEW 575.00 NEW N/A N/A 6 MONTHS' 325.00 NEW 325.00 NEW 1 MONTH 70.00 NEW 70.00 NEW 10 TICKET 125.00 NEW 125.00 NEW 1 ADULT 8.00 8.00 8.00 8.00 YOUTH 6.00 6.00 6.00 6.00 SENIOR 6.00 " 6.00 6.00 1 6.00 ALL FEES QUOATED INCLUDE FEDERAL G.S.T. COMMUNITY SRVICES-RATES&FEES ATTACHMENT#3- FACILITY RENTALS I'ROG UWSERWQQC C CSC CCC CFC :POOa. A � �' PRIVATE(2 GUARDS) 88.00 88.00 88.00 88.00 (4 GUARDS) PER HOUR 101.00 101.00 (SLIDE) (SLIDE) CLUB/SCHOOL BD.(GUARDS EXTRA) 42.00 42.00 38.50 38.50 SPECIAL EVENTS(GUARDS EXTRA) 60.00 60.00 53.00 53.00 LIFEGUARDS(HOUR) 14.00 14.00 13.00 13.00 ;MEE ?I1VC ''RIaGRAMR,pOyl .rtG/,QFC/CCC COMMUNITY GROUPSMOUR 18.00 18.00 16.50 16.50 PRIVATEMOUR 30.00 30.00 27.50 27.50 NON-RESIDENT/HOUR 46.00 46.00 44.00 44.00 SCHOOL,BOARD/HOUR(8 A.M.4 P.M.) 15.00 15.00 N/A N/A ALL FEES QUOTED INCLUDE FEDERAL G.S.T. WIN pGF��/SR ADULTS/HOUR 9.00 7.70 NON RESIDENT(ANY FIELD)ADULT 15.00 11.00 TOURNAMENTS 9.00+60.00/DAY 8.50+55/DAY NON RESIDENT/HOUR 15.00+90.00/DAY 12.50+82.50/DAY YOUTH(ANY FIELD)/HOUR 4.00 4.00 TOURNAMENTS 4.00+60.00/DAY 4.00+55.00/DAY H FIELD LINING-ADULT 18.00 16.50 FIELD LINING-YOUTH 13.00 11.00 LIGHT FEE-ADULT/HOUR 15.00 13.50 LIGHT FEE-YOUTH/HOUR 15.00 13.50 CARS 5.50 5.50 MOTORCYCLES 4.50 4.50 BUSES 33.00 33.00 � 1006 _ COMMUNITY SRVICES-RATES&FEES ATTACHMENT 113- FACILITY RENTALS n PROGRM/SERVICE 1 RIM VIM NQ 199$. PRIME TIME/HOUR . ly ADULTS 120.00 110.00 YOUTH 100.00 94.00 NON-PRIME/HOUR x ADULTS 9500 88.00 YOUTH 60.00 55.00 NON-RESIDENT 160.00 145.00 (/HOUR;ALL HOURS) STATUTORY HOLIDAY FEE+55.00 FEE+50.00 SURCHARGE/HOUR ADULTS 130.00 121.00 YOUTH 115.00 105.00 EXHIBIT SET-UP 275.00 275.00 EXHIBIT(/DAY) 750.00 750.00 SPECIAL EVENT-PRIVATE 790.00 790.00 ADULT 48.00 44.00 YOUTH 48.00 44.00 NON-RESIDENT 60.00 55.00 sV _ - . ADULTS-DAILY 2.75 2.75 ADULTS-10 TICKET 18.70 18.70 ADULT SEASON PASS 66.00 66.00 YOUTH/SENIOR -DAILY 1.75 1.75 YOUTH/SENIOR-10 TICKETS 12.00 12.00 YOUTH/SENIOR SEASON PASS 33.00 33.00 FAMILY-DAILY 5.50 5.50 FAMILY-10 TICKETS 38.00 38.00 FAMILY SEASON PASS 110.00 110.00 1.007 e e )MMUNITY SERVICES-RATES&FEES ATTACHMENT#4-MULTI-PURPOSE ROOM RENTALS PROGRAM/SERVICE CCC CAPACITY 200(APPROX.) RRC CAPACITY 350(APPROX.) FULL HALL MON-THURSDAY FRI-,,,SUNDAY MON-THURSDAY FRI- SUNDAY 1999 1998 1999' 1998 1999 1998 1999 1998 NON-LICENSED 200.00 200.00 310.00 310.00 410.00 410.00 605.00 605.00 LICENSED 330.00 330.00 385.00 385:.00 585.00 585.00 735.00 735.00 NON-RESIDENT(NON-LICENSED) 240.00 240.00 372.00 372.00' 492.00 492.00 726.00 726.00 NON-RESIDENT(LICENSED 396.00 396.00 462.00 462.00 702.00 1702.00 882.00 882.00 155.00 155.00 200.00 200.00 (ApPRO 310.00 CAP�Z00 e NON-LICENSED 100.00 100.00 310.00 LICENSED 165.00 165.00 195.00 195.00 330.00 330.00 385.00 385.00 NON-RESIDENT(NON-LICENSED) 120.00 120.00 180.00 180.00 240.00 240.00 372.00 372.00 NON-RESIDENT(LICENSED) 198.00 198.00 235.00 235.00 396.00 396.00 462.00 462.00 408.00 BlowK_ 715.00 715.00 715.00 NON-LICENSED 408.00 408.00 408.00 715.00 LICENSED 658.00 658.00 658.00 658.00 1155.00 1155.00 1115.00 . 1155.00 NON-RESIDENT(NON-LICENSED) 489.00 489.00 489.00 489.00 858.00 858.00 858.00 858.00 NON-RESIDENT(LICENSED) PER USE WITH HALL 790.00 93.00 790.00 93.00 790.00 93.00 790.00 93.00 1386.00 93.00 1386.00 93.00 1386.00 93.00 1386.00 93.00 KITCHEN(HOUR)ONLY 20.00 NEW N/A 20.00 NEW 20.00 NEW N/A 20.00 NEW REFUNDABLE DEPOSIT mallmuffilmolmmismimmm 200.00 34.00 200.00 34.00 200.00 34.00 200.00 34.00 200.00 34.00 200.00 34.00 200.00 RR 34.00 200.00 34.00 WITHOUT A DANCE WITH A DANCE 68.00 68.00 68.00 68.00 68.00 68.00 68.00 68.00 BARTENDERS(NEW)/HOUR 14.00 N/A 14.00 N/A 14.00 N/A 14.00 14.00 ALL FEES QUOTED INCLUDE FEDERAL G.S.T. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: JULY 13 1998 Res. # By-Law# Report#: File#: Subject: SAFETY CONCERNS-OLD KINGSTON ROAD/PRESTONVALE ROAD INTERSECTION,COURTICE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report WD-42=98 be received for information. REPORT 1.0 ATTACHMENTS No. 1: Key Map 2.0 BACKGROUND 2.1 At a meeting held on February 24, 1997, the Council of the Municipality of Cla-ringtorl passed Resolution#GPA-89-97: "THAT the Department of Public Works be requested to examine and make recommendations pertaining to a safer entry onto Prestonvale Road from the Old Kingston Road" 3.0 REVIEW AND COMMENT 3.1 An individual resident expressed safety concerns about the intersection during a meeting to discuss the closure of the bridge on Old Kingston Road. The only access for the five residents on Old Kingston Road is now from Prestonvale Road. M YA- 6;6 NECYCLE 1' / REPORT NO.: WD-42-98 PAGE 2 3.2 This unusual intersection has been reviewed by both the Clarington Public Works Department and the Region of Durham. The problem is a result of the Old Kingston Road/Prestonvale Road intersection being too close to Highway No. 2. The Region of Durham advised the Municipality that the suggestion to implement a regulatory "No Right Hand Turn" sign while facing a red traffic signal for eastbound motorists is not a realistic or practical option. There is a separate eastbound to southbound turn deceleration lane on Highway No. 2 and the daily volume making the turn is significant. Motorists would typically ignore this perceived unreasonable regulation and the potential traffic conflict with vehicles exiting Old Kingston Road would continue to be a problem. 3.3 The only workable solution available is through .future development when Osgoode Gate can be extended northerly across undeveloped land a distance of approximately 70 metres to provide a new access to the Old Kingston Road residents. The existing intersection at Prestonvale Road would then be closed to eliminate any future conflicts. 3.4 The Public Works Department is working with developers to facilitate the extension of Osgoode Gate, closure of Old Kingston road at Prestonvale and the residential development of abutting lands. A future report to Council will address this matter at the appropriate time. 4.0 CONCLUSION 4.1 The elimination of the residents traffic concerns must be resolved through development of Osgoode Gate with the closure of Old Kingston Road at Prestonvale Road. Respectfully submitted, Reviewed by Stephen A. Vokes,P.Eng., W.H. Stockwell, Director of Public Works Chief Administrative Officer RDB*SAV*ce 24/06/98 1130 Nash Rd. i FUTURE CLOSURE ,` Highway No. 2 - King St. i 1 a - Old Kingston Rd. ✓ o 0 i C'Uca Pha FUTUR 10, OAD a� (STING C RE DUE TO UNSAFE BRI E o � r J :� NASN R RTI { - i •I a a � I I I�CT W ° DRAWN BY:JAN DATE:JULY 1998 ' REPORT WD-42-98 KEY MAP ATTACHMENT NO. 1 1 1 7 1 REPORT NO.: WD-43-98 PAGE 2 1.2 With respect to non-residential building permit activities, the details are provided as follows: APPLICANT CONSTR TYPE LOCATION $ VALUE Bowmanville Zoo Show Barn Highway #2 5,000 Cambridge.Shop Pet Value 2377 Highway #2 U#118 33,000 Canadian Tire Corp Addition/Whse 2401 Highway #2 11130,024 Maranatha Christ. Addition 2805 Highway #2 400,000 Cambridge Shop VCR Clinic 2379 Highway #2 U#224 15,000 Cambridge Shop HOV's CD's 2379 Highway#2 27,000 Detox Environment Loading Dock 322 Bennett Road 60,000 Mercz, Joseph Auto Repair 3400 Highway 35/115 77,000 Ruiter, Norm Pole Barn 2477 Conc. Rd 7 16,000 St John's Anglican Roof 11 Temperance St 25,000 I i Respectfully submitted, Reviewed by, Stephen A. Vokes, P.Eng W.H. Stockwell, Director of Public Works Chief Administrative Officer. SAV*bb June 30, 1998 Q• Permits Issued Housing starts value of Construction q I Group I Jon 1998 1 1998 Y.T.D( 1997 Y.T.D1 Jun 1948 ( 1998 Y.T.D( 1997 Y.T.D1 Jun 195 ( 1998 Y.T.D. ( 1997 Y.T.D. q BFD ( 27 ( 168' I 197 ] 28 ( 1SS l 166! ( 2;668,200.00 ( 18,014,940.00 1 19,645,850.00 ODD 24 02 ( 190 8 61 ( 18S I 2,067,070.00 I 7,192,070.00 1 14,406,000.00 q SMD ( 6 1! f' 15' ( 8 1! ( 6 15 I 8' ( 457,000:00 ( 1,102,000.00 ( 52.7,30S.00 q THH ( 14 55 . ( ( 13 ( 73 4 ( 848,000.00 (. 3,636,800.00 ( f q Mme' I 1 I 52 i I I. ( 3,000,000.00 DFD ( 1 (: 2 ( 2 ( ( q 1 ( 41,000.00 (: 56,000.00 { 112,000.00 q 0TH ( 20 j 80 ( 70 ( ( ( 310,000.00 (' 1,180,353.00 ( 928,780.00 q SUB-TOTAL ( 92 402 ' ( S27 ( 55 ( 304 ( 364 ( 6,391,270.00 I( 31,182;163.00 ; ( 38,619,935.00 COM ( 6 (; 27 ( 14 2 ( 6 !( 3! ( 1,287,024.76 (: 4,373,376.76 ( 4,285,574.37 q IND ( 1 (.. 6 '. ( 4 ?( 1 ( S ,( 1< ( 60,000.00 ( 1,815,000.00 ( 5,472,000.00 J q INS ( 2 (' 5 ( 10 ( 1 ( 2 I ( 425,000.00 ( 625,000.00 ( 144,700.00 q AGR ( 1 ( S ( 9 ( 2 ( 6 ( 4 I 16,000.00 ( 161,100.00 ( 314,000.00 q GOv 1 ( S I 1 I ( 2 ( ( ( 1,364,761.00 ( 1,500.00 J q Hlv I 1 1 I 1 I 1 I 1 I I ( 101,000.00 ( 867,600.00 q PLM ( 3 { 7 ( 21 ( ( ( I 3,600.00 ( 9,900.00 ( 321,886.63 REN 1 1 q DEM ( 2 ( 17 ( 14 p SUB-TOTAL ( : 16 ( 74-: ( - 74 'r( 7' ( 22 'I 8' ( :1,791,624.76 ('; 8,450;137.76 ( 11,407,261.00 q TOTAL ( <108 ( 476 ( 601 ( 62 I 326 ( 372 I 8,182,894.76 (C 39,632,300.76 ; ( SO,027,196.00 q BP FEES ( 86,243 ( 403,988 ( 657,SS4 q PP FEES ( ISO ( 3SO ( 3,S99 ( I I I I I II I' I' I 0 II 1� Summary of Residential Units by Geographical Areas �I based on Building Permits Issued. Printed on 98.06.30 at 14:54 I) d Current Year Figures to the End of 98.06.30 q URBAN AREAS RURAL AREAS HAMLETS II YEAR ( BOWM I COUR ( NEWC I WILM I ORON I DARL I CLAR ( BURK ( 6NFI ( ENNI 1 RAMP I HAYD I KEND I KIRS I LESK I MAPL 1 MITC I NEWT I SOLI I TYRO I TOTAL]] 76 1 239 ( 2 1 5 I I 3 I 19 I 18 ( I i 1 ( 2 I 1 I I 1 I 3 I ( 3 1 1 I I 1 1 299 II I 77 ue 2 12 l ► 7 1 29 I 26 I I I I 2 1 2 1 2 1 I 1 I I 2 1 1 1 I 1 203 II I Q 78 I 13 I 2 I 2 I I 45 ( 19 I 25 I 1 ( I i 1 ( I ( 1 i 1 I i -5 .) :.2. 1 2 1 ( 119 II 79 ( 1 I 2 I 7 ( I I 25 I 22 I I ( I I I 1 I I 3 I I 1 I I 1 I I 63 If I Q 80 i 3 I 2 I 47 ( 1 1 I 19 I 12 ( 1 1 I I I ( I I 1 I I 3 1 1 i 88 l 81 I 1 I I 3 ( 1 2 I 28 I 25 1 1 I I I ( 1 I I I 1 I ( 2 I I 7 1 2 I 73 II 82 I 60 I 1 ( 5 I I 1 1 24 I 14 ( 1 I I I I ( I I ( I i 1 I 2 1 5 1 114 if 83 I 10 I 2 1 7 I ( I 32 I 18 1 2 I ( 2 ( 3 1 3 1 I I I I 3 I 1 I 1 ( 1 84 11 if Q 84 ( 9 1 36 I 4 ( 107 1 6 I 43 I 15 I 3 1 I 1 I 2 1 1 ( 1 ( ( 1 I I I 4 1 7 1 239 I 85 I 61 1 276 I 26 I 118 I 4 I 46 ( 22 I 9 1 ( 1 I 3 I 3 I I 1 I 2 I ( I 1 ( 4 I 576 () 86 ( 125 I 579 1 105 I 173 I 2 1 82 1 33 I 18 I ( 9 ( 7 I 4 I I I ( 2 I 3 I 1 5 I 4 11151 1l II 87 I 365 ( 670 I 26 I 137 I 3 ( 111 I 45 ( 12 1 I 14 ( 5 I 4 1 1 I ( 1 I 1 I I 1 5 1 2 12.402 11 88 1 347 1 633 1 317 I 64 ( 2 1 123 1 44 ( 21 1 ( 15 I 4 1 1 1 I ( i 1 I 1 11 1 13.562 11 q 89 1 181 1 697 1 262 1 42 I 1 I 77 I 49 ( ll I 2 1 21 ( 8 I 1 I I I I 1 ( 2 I 4 1 1 11359 l I if I) 90 I 199 I 305 I 28 I -6 I 1 25 I 20 I 5 I I 4 I I ( I I I I I I 2 1 1 594 II 91 1 433 1 255 ( 46 I 2 I 1 I 15 I 11 ( 1 I I 2 I 1 I I 1 I I I I I 1 I 2 1 ( 771 if Q 92 1 532 1 204 I 22 I 10 I 3 I 14 I 6 I 1 I I 1 I 1 I 1 I i I ( I I 1 I 1 I I 797 11 I p 93 1 301 1 232 I 6 ( 10 I 3 I 9 I 6 I 1 I I 1 3 1 I I i I ( ( ( 1 i 1 572 1) n 94 1 406 1 388 I 4 I 10 1 2 I it I 8 1 2 ( I 1 1 I ( I ( 1 1 I I I 1 I 1 834 II I 11 95 1 229 1 170 1 I 16 I 1 I 21 I 7 I 1 1 I 1 I I I I I I 2 I 1 1 447 if 96 1 217 1 331 I 3 I 16 I ( 17 I 10 I ( I 3 1 2 I I I I I 1 1 2 1 1 1 601 II 97' 1 423 1 295 ( 5 1 21 ( 1 19 I 20 1 2 1 3 1 7 I 2 1 2 ( 1 1 I 1 ( 1 1 1 1 1 801 if n 98 ( 167 I 99 I 2 ( 15 1 1 10 I 7 ( 1 I I 1 I I 1 1 I ( 1 1 ( ( 1 322 1� 0 YEAR .1 RESIDENTIAL COMMERCIAL INDUSTRIAL ( AGRICULTURAL INSTITUTIONAL ( GOVERNMENT c ONT HnRO TOTAL 79 4,672,000.00 5,981,000.00 4,100,000.00 412,000.00 87,000.00 15,252,000.00 �� /Q 4,61 1,000.00 832,000.00 2;505,000:00 101,000.00 ( 4,291,000.00 2,814,000.00 15,161,000.00 p 81 5,341,000.00 ( 467,000.00 866,000.00 156,000.00 246,000.00 86,478,000.00 93,554,000.00, x' 82 6,260,000.00 718,000.00 256,000:00 127,000.00 1,506,000.00 7,466,000.00 16,333,000.00 83 6,561,000.00 1,274,000.00 246,000.00 114,000.00 2,278,000.00 7,281,000.00 ( 17,754,000.00 84 ) 13,450,000.00 1,262,000.00 1;885,000:00 120,000.00 445,000.00 7,300.,000.00 24,462,000.00 85 29,859,000.00 1,299,000.00 :786,000.00 100,000.00 1,719,000.00 1,330,000.00 630,000.00 35,723,000.00 86 65,010,000.00 1 2,247,000.00 ( 3,071,000.00 184,000.00 839,000.00 (I 1,770,000.00 73,121,000.00 87 ( 90,705,000.00 4,619,000.00 4,16S,000.00 231,000.00 2,063,000.00 7,995,000.00 3,095,000.00 ; 112,873,000.00 I� p 88 ) 137,773,000.00 2,901,000.00 5,627,000.00 160,000.00 14,207,000.00 1,439,000.00:: 162,107,000.00 Q 89 148,434,000.00 ( 3,149,000.00 34.,157,000.00 50,000.00 j8,224,000.00 6,868,000.00 (, 24,139',000.00 : 225,021,000-CO 90 57,581,350.00 1,526,000.00 2,948,000..00 ( x:4,145,000.00 ( 3,678,000.00 430,700.00 70,309,050.00 91 ) 65,698,000.00 3,859,300.00 1;324,000.00 438,000.00 551,000.00 17,090.00 1,521,500.00 73,408,800.00 ' J 92 67,186,310.00 3,577,750.00 186,000.00 412,000.00 1,389, . , , . , , 0 p 93 -. ) S2,220,000.00 5,109,000.00 7,000.00 733,500.00 5,183,000.00 428,000.00 705,500.00, 64,386,000.00 �I ,Q 94 ) 72,461,955.00 1,216,700.00 1,836,000.00 ( 276,100.00 1,258,500.00 � .. 1,975,000.00 1,816,750.00:) 80,841,005.00 d 95 41,455,602.25 3,478,800.00 f 551,000:00 S84,900.00 j 10,469,000.00 359,000.00 136,500.00 57,034,802.25 JI 96 S6,047,370.00 ( 4,164,405.00 610,000;00 596,500.00 '. 211,500.00 5,083,000.00 95i,705.25 67,664,480.25 97 ( 72,334,7S8.00 15,648,385.87 12;615,000.00 698,000.00 j 18,129,700.00 4,312,388.00 ,� 1,677,600.00; 115,475,831.87 �I 98 8,. 31,182,163.00 4,373,376.76 1,815,000.00 ( 161,100.00 ( 62S,000.00 �; 1,364,761.00 101,000.00 39,622,400.76 f� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Meeting: File# Date: JULY 13, 1998 Res. # By-Law# Report#: W—D__19-99ile#: Subject: TELECOMMUNICATIONS—ACCESS TO MUNICIPAL RIGHTS-OF- WAY Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-39-98 be received; 2. THAT the Federation of Canadian Municipalities (FCM) Action Plan on Telecommunications be received for information; 3. THAT Council endorse the following five principles outlined in the FCM Model Municipal Access Agreement: (a) municipal governments must have the ability to control the number and types of aboveground telecommunications pedestals, kiosks, etc., and the location of underground infrastructure; (b) the use of municipal rights-of-way by telecommunications companies must not impose financial costs on municipal governments and taxpayers; (c) municipal governments must not be responsible for the costs of relocating telecommunications infrastructure if relocation is required for planning or other reasons deemed necessary by the municipal government; (d) municipal governments must not be liable for any economic loss,legal costs or physical restoration costs resulting from the disruption of telecommunications services arising out of the actions of a municipal government unless grossly negligent; and (e) municipal governments must receive revenues over and above their direct costs in providing access to rights-of-way as proper compensation for the use of municipal property for profit. crcigo L./aEt�CiE 1 1'..O REPORT WD-39-98 PAGE 2 REPORT 1.0 ATTACHMENTS No. 1: Correspondence dated July 23, 1997, from the Federation of Canadian Municipalities 2.0 BACKGROUND The FCM has written to municipalities across Canada asking for their political and financial support in its defence and promotion of municipal interests as they relate to use of municipal rights-of-way by telecommunications companies (refer to Attachment No. 1). In particular, FCM is asking municipalities to: a) Formally endorse the five principles which form the basis of its model agreement on use of municipal rights-of-way by telecommunications companies; b) Refuse to sign any agreements with telecommunications firms which do not respect the five principles; and c) Contribute to a"Municipal Right-of-Way Defence Fund,"which would be used to defend the municipal position before the CRTC and the courts, if necessary. 3.0 THE FIVE PRINCIPLES TO APPLY IN MUNICIPAL RIGHTS-OF-WAY AGREEMENTS 3.1 Often, substantial costs are imposed on Canadian municipalities from the use of their rights-of-way by telecommunications firms. For example: a) Municipal taxpayers are exposed to additional construction and maintenance costs for municipal infrastructure due to the presence of telecommunications duct banks in the rights-of-way,which can increase costs, for instance,by necessitating the locating,digging, and supporting of ducts to avoid damage. 10 2 REPORT WD-39-98 PAGE 3 b) Municipalities are exposed to further costs if telecommunications equipment has to be relocated, and may be liable for any economic losses, legal costs, or physical restoration costs resulting from disruption of telecommunications services from municipal action. 3.2. In recognition of the financial impact incurred by municipalities across Canada and the taxpayers' right to be properly compensated for private use of public property, the FCM is asking member municipalities to endorse the following principles that would apply in negotiations'with telecommunications firms: a) Municipal governments must have the ability to control the number and types of aboveground telecommunications pedestals,kiosks, etc., as well as the location of underground infrastructure. b) The use of municipal rights-of-way by telecommunications companies must not impose any financial burden'on municipal governments and taxpayers. c) Municipal governments must not be responsible for the costs of relocating telecommunications infrastructure if relocation is required for urban planning or for other reasons deemed necessary by the municipal government. d) Municipal governments must not be liable for economic loss,legal costs or physical restoration costs resulting from the disruption of telecommunication services arising out of the actions of a municipal government. e) Municipal governments are entitled to receive revenues over and above direct costs associated with rights-of-way as compensation from corporations using public(municipal)property for profit, as federal and provincial governments do today. 3.2.1 FCM has prepared a model agreement reflecting the above principles,which municipalities could use in their negotiations with cable and telecommunications firms. 1103 REPORT WD-39-98 PAGE 4 i 3.2.2 FCM is urging member municipalities to reject any agreements with telecommunications firms that are unwilling to abide by the principles. The FCM principles have been designed to seek legitimate compensation for the costs and risks imposed on municipalities through the use of municipal rights-of-way. 3.2.3. However, the FCM principles and progress on negotiations with telecommunications firms will be the subject of a future report by staff to Council. 3.3 CONTRIBUTION TO "MUNICIPAL RIGHTS-OF-WAY DEFENCE FUND" 3.3.1 All FCM member area municipalities have been requested to contribute to the "Municipal Right-of-Way Defence Fund"as a means of defraying the costs of defending municipal rights before the telecommunications industry and the CRTC. At the present time, the Municipality has not begun negotiating with the telecommunications firms and therefore payment to the fund may be unnecessary. 4.0 CONCLUSION 4.1 Staff concur with the recommendations as contained in this report, and will prepare a further comprehensive report to Council at a later date, as further details regarding this matter become available. Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W. H. Stockwell, Director of Public Works Chief Administrative Officer ASC*SAV*ce 08/07/1998 attachment 1104 COUNCIL DIRECTION p-17 Fgderation•oFCanadian Municipalities 136diSration canadienne des municipalit6s -Jug 30 113e A N 97 , July 23, 1997 Her Worship Mayor Diane Hamre :putyMayorJaeEadie Municipality of Clarington Winnipeg,Manitoba 40 Temperance.`Street esident Bowmanville,•Ontario A G1 E N D A >=sident L1 C 3A6 •Maire supp162nt Claude Cantin u6bec jQu6bec) emiervice-pr6sident Dear Mayor Harare: First Vice-President, ayorl:Eopota Belliveau TELECOMMUNICATIONS: ...oncton.New Brunswick ACCESS,TO MUNICIPAL RIGHTS-OF-WAY Second Vice-President etxitntevice-pr6siae"` l am writing to provide an update •on developments In the CounciQorJoanne Monaghan telecommunications field and their impact on municipal governments across Kitimat,British'Cotumbi2 Canada: I am also writing to.urge you to join with municipal governments tii+dMce-President -across Canada in.reviewing your municipality's policies respecting 'the ..oisitmevice-president' granting of•access to rights-of-way-to telecommunications companies. The purpose is to ensure that no costs and liabilities are imposed on municipal - mdon.OyoiGrantxaperoti governments and taxpayers as a result of the use-of public rights-of-way by �ndon,Onario Vice-President at Large the telecommunications industry. Vice-pr6sident hors-cadre The federal Telecommunications,Act (the'Act), which came into ,�ce=W l�rWo force in '1993; gave cable television companies the .same legal right of. E10CC11U`�eDit"`°` access to munici al ri hts-of-wa which telephone companies had en o ed trecteurg6nfral p. g . y p . p 1 Y for years. Under the Act, telecommunicatioris.companies must obtain the consent of the-municipality before accessing municipal rights-of-way. If the municipality does not comply, companies•may apply to the Canadian Radio-Television and Telecommunications Commission(CRTC)for access, thus circumventing the municipality.. Neither' the Act, the CRTC, nor Industry.Canada, has provided guidance on what terms and conditions the CRTC would deem reasonable for municipal governments to set before granting'access., ..J2 REK RT WD- 9-98 ATTACHMENT NO..1 r io KIN SP3.24. cCnce Street,©itawa,OYcai - Teleplibnerr6 dphonet(613)*241-5221 4 Fwr6l600pie ..(61.3)-24.t-744o (� [ Iniernadowd OffcdBureau internationa!r J'J -2- Municipal governments shoulder both direct and indirect costs and liabilities resulting from the. use of their rights-of-way by cable television and telephone companies, both of, which are federally. regulated. Asa result of recent' and impending federal deregulation of the telecommunications industry; competition, and technological convergence between services offered by cable television and telephone companies,.those costs and liabilities are increasing rapidly. So too are the difficulties caused .by the.crowding of privately-owned infrastructure in public rights-of-way, especially in urban areas. Direct costs for municipal governments include: additional construction and maintenance costs for municipal sewer and water facilities due to the presence of telecommunications duct banks in the.rights-of-way; reduced pavement life due to telecommunications cuts;.administration of right-of-way access requests,..plan reviews, approvals; inspections, .staff.training; and -additional costs 'in .relocating- municipal and private infras#rupture in,rights-of-way when necessitated.f&planr ing and development reasons. Indirect costs include:.liability for economic losses, legal costs or physical restoration costs resulting.from disruptions to telecommunications infrastructure and services.caused,by.municipal crews; and lost opportunity posts through inadequate or non.existent revenues from telecommunications firms using municipal property for profit, including provincially/territorially.regulated.taxes and user fees negotiated directly between the municipal government and the telecommunications firm. In order to.protect municipal taxpayers from the growing costs and liabilities arising from the use of 'rights-of-;way by telecommunications companies*,. FCM developed and circulated a model Municipal. Access Agreement to all member municipalities i.n..1995. FCM encouraged members to apply. the FCM Model Agreement in negotiating access to their rights-of-way with telecommunications companies. The FCM, Model Agreement was provided also to Stentor .Telecom Policy Inc., the alliance representing Canada's major telephone companies,.aind the Canadian Cable Television Association (CCTA). The industry is now fully aware-of municipal concerns respecting rights-of-way and agreements respecting the principles of the FCM Model Agreement have been negotiated, for example, in the Cities of Vancouver and Edmonton. FCM's position is that municipal governments must be able to control the quantity-and location of telecommunications infrastructure on municipal property as well as access to municipal rights-of-way. Any costs.and liabilities created as a result of the use of municipal rights-of-way should be borne exclusively by the corporations, not municipal govemments and taxpayers.' ;Finally, municipal governments` receive revenues over and above their expenses as proper compensation for the use -3 of municipal property for profit. nth video-on-demand, video game, Internet and competing telephone and cable television services available, FCM believes that telephone and cable television companies should no longer enjoy the rights and privileges of monopoly utility companies: Each municipal government in:Canada has a responsibility to ensure that,. ingranting access to its rights-of-way, the interests of the community and taxpayers are in no way compromised. During the past year, FCM refined its economic and legal arguments and continued to promote its position with member municipalities,the telecommunications industry and federal regulators. In February 1997, FCM made its first-ever intervention before the CRTC to insist that the municipal`consent provisions of the Act be honoured by telecommunications firms before they begin work on municipal property.' The case involved the applications by Bell Canada-and Telus Multimedia Inc. to.offer trial Internet.and video-on-demand services in Repentigny, London,' Edmonton and Calgary,., The.CRTC's.ruling on May 8"'- neither'supported nor .opposed the municipal.position, stating simply that no specificremedial actions were required at that time:, Municipal governments-have ;made it clear to :FCM that they want to-see national,concerted action in defence of municipal rights. Through their experience in dealing with telecommunications firms, our members have concluded that working together through FCM;is the most effective'and economical means to protect their fundamental rights respecting control of rights-of-way, to recover substantial costs being imposed on them by telecommunications firms using`rights-of-way, and to secure new sources of revenue worth potentially tens of millions of dollars annually:. The stakes on this issue are enormous and affect every municipality in Canada. Municipal governments in the United States, for example, generate hundreds of millions of dollars. annually from telecommunications companies in right-of-way access fees. FCM's Executive Committee has designated the telecommunications issue as a policy priority for 1997-98. FCM is implementing a national,plan of action to raise awareness of the financial and liability implications for municipal governments, increase solidarity-on the basic principles of the FCM Model Agreement, seek the agreement of the telecommunications industry to these principles, and to defend the municipal position before the CRTC or the courts should this become necessary. Given the costs'and difficulties associated with defending municipal rights before the multi-billion dollar telecommunications industry and the CRTC,the active political and financial support of all member municipalities on this issue is required. That is why the Action Plan includes a request to each member municipality for an equitable per capita contribution to the"Municipal'Right-of--Way Defence Fund". -1'-.3 0 7 -4- 1 am pleased to report that FCM's Policy Statement respecting access to rights-of-way received ,the unanimous approval of delegates at FCM's 60t" Anniversary Annual Conference held June 6-9'in Ottawa. I am equally pleased that the FCM Action Plan on Telecommunications received the strong support of the FCM Big City Mayors Caucus at its May 91" meeting in Quebec City. For your information, I have enclosed a copy of the Policy Statement, Model Access Agreement, Action Plan, and draft Guidelines for the Municipal Right-of-Way Defence Fund. I also enclose a copy of telecommunications motions which were adopted by the FCM Big City Mayors Caucus in May and should be adopted by each member council of FCM. I urge your council to adopt these motions.at its earliest opportunity and to join in solidarity with municipal govemments across Canada in defending the fundamental. rights and interests of municipal governments. .Numerous members of FCM have already done so and pledged or sent in their-contributions to the Municipal Right-of- Way Defence Fund. These include Vancouver, New Westminster, Surrey, Edmonton, London, Metro Toronto and Pointe Claire. Please inform FCM of the results of this initiative in your community. I would also ask that you advise FCM of all new applications by telecommunications firms for access to rights-of-way and of any disputes with telecommunications firms which might exist or arise in your municipality. Yours sincerely, ION Jae Eadie President JE/dm:sd Enclosures 1. Policy Statement 2. Model Access Agreement 3. Action Plan 4. Guidelines for Municipal Right-of-Way Defence Fund . 5. Telecommunications Motions for Action 1 108 July 18, 1997 MUNICIPAL RIGHT-OF-WAY DEFENCE FUND ADMINISTRATIVE GUIDELINES One or more test cases will be identified by the FCM Subcommittee _ on Telecommunications,which reports to the FCM National Board of Directors and Executive Committee via the Standing Committee on National Transportation and Communications. Should negotiations with the telecommunications industry prove unsatisfactory, a test case brought to the CRTC by a municipality in dispute with a telecommunications firm or vice versa shall be eligible for FCM political support and financial support from the Municipal Right-of-Way Defence Fund according to the criteria below. 1. Fund Contributions: A. Each FCM member municipality is requested to contribute 3¢ per capita based on the 1991 census (basis of 1996-97 FCM membership billing); B. Municipalities which are members of regional governments which own rights- of-way are requested to contribute 2¢ per capita and the regional government is requested to contribute 10 per capita; C Saskatchewan municipalities are requested to contribute 2¢ per capita due to SaskTel's current exemption from Telecommunications Act; 2. Case Evaluation: A. The case must involve a CRTC-regulated telecommunications firm; B. The case should be encompassing enough to clearly demonstrate a precedent that may be referenced nationally; C The case should be straightforward in that the request for access to rights-of- way and the requirement by the municipality for a formal agreement is clear, D. The case should be one that will not present undue hardship to customers where access to service is denied pending resolution; E. The affected municipality must be able to provide a documented history to the satisfaction of the FCM Subcommittee on Telecommunications; F. The municipality must be willing to provide, inasmuch as it is able, administrative time and financial support to the process for items such as research costs, in-house legal costs, report and administrative approvals, etc.. -2- 3. Disbursement of Funds A. All funds shall be used for outside costs relating to necessary research, meetings, legbl work and other costs relating to negotiations with the telecommunications industry and interventions before the CRTC and the courts, providing the work is done at the request of FCM. FCM will continue to provide in-kind support through staff salaries, supplies, etc.; B. Disbursements shall be approved by the National Board of Directors upon the recommendation of the Standing Committee on National Transportation and Communications and the Subcommittee on Telecommunications; C. In the event of insufficient time, disbursements may be approved by the Executive Director upon the recommendation of the Subcommittee on Telecommunications, in which case the Board of Directors shall be so advised at its next meeting; D. Only cases approved by FCM as described above shall be eligible for funding from the Municipal Right-of-Way Defence Fund. , , , n (May 1997) FCM ACTION PIr4N ON TELECOMMUNICATIONS ACCESS TO MUNICIPAL RIGHTS-UM- AY Working!together through FCM is the most effective and economical means for Canadian municipal governments to protect their'fundamental rights respecting control of municipal rights-of-way, to recover substantial costs being imposed on them by telecommunications firms using rights-of-way, and to secure new sources of revenue worth potentially tens of millions annually. 1. Awareness and Solidarity: FCM will advise all member municipalities of the financial and liability implications of the rights-of-way issue and request municipal councils to endorse the five principles contained in the FCM Model Agreement and commit to reject any agreements with telecommunications firms which do not respect these principles. 2. Fundraising: FCM will start to raise funds from member municipalities. Member municipalities will be asked to contribute 3 cents per capita based on the 1991 census. In areas where both a regional municipality and its constituent municipalities are responsible for rights-of-way, the regional municipality will be asked to contribute 1 cent per capita.and its constituent municipalities 2 cents per capita. All funds will be dedicated to the telecommunications issue for outside costs relating to necessary research, legal and other costs regarding interventions before the CRTC and the courts. FCM will continue to provide in-kind support through staff salaries and supplies. 3. Research on Legal Position and Valuation Principles: Once sufficient funds have been acquired, FCM will undertake research, using outside expertise where necessary,to prepare a strong legal position favouring municipal authority over rights-of-way and to establish sound principles for the valuation of municipal rights-of-way in Canada. .../2 I -2- 4. Negotiations with Stentor, the CCTA and the Federal Government: Once the research is complete, FCM, in consultation with members, will launch a new round of negotiations with Stentor Telecom Policy and the Canadian Cable Television Association (CCTA) to try to reach agreement on the principles of the FCM Model Agreement. If a satisfactory agreement is reached, it would be presented jointly to the CRTC and Industry Canada as the basis upon which the Telecommunications Act should be interpreted. If a guarantee could be provided that the Act would, indeed, be interpreted in conformity with the agreement, the FCM campaign would end. Otherwise, a case would have to be brought to the CRTC either by FCM or the industry. 5. Hearings of the CRTC: Through its Subcommittee on.Telecommunications, FCM will identify a . dispute between a municipality and a telecommunications firm which would best serve as a precedent case for all municipalities if brought before the CRTC. With the support of FCM-, the member municipality in question will bring the dispute to the CRTC. Alternatively, FCM may be forced to defend a municipality in a dispute which the industry may bring to the CRTC. Depending on the length and complexity of the hearings, legal and other costs could range from $100,000 to $400,000. 6. Constitutional Court Challenge Stentor has suggested that it is prepared to mount a constitutional law challenge to the municipal consent provisions of the Telecommunications Act should matters not unfold to its satisfaction. Defending municipal rights in such a case could well cost more than intervening before the CRTC. Further fundraising as necessary would be undertaken should a constitutional court challenge be mounted. 1112 MOTIONS ON TELECOMMUNICATIONS FOR ADOPTION BY FCM MEMBERS ? Jl 1. That-each member"of FCM receive the FCM Action Plan on Telecommunications ,,as-information; 2. that each member of Council of FCM`endorse the following five principles outlined in the FCM Model Municipal Access Agreement-before: (a) municipal governments must have the ability to control the number and types of aboveground telecommunications pedestals, kiosks, etc., and the location of underground infrastructure; (b) the use of municipal rights-of-way by telecommunications companies must not impose financial costs on municipal governments and taxpayers; (c) municipal governments must not be responsible for the costs of relocating telecommunications infrastructure if relocation is required for planning or other reasons deemed necessary by the municipal government; (d) municipal governments must not be liable for any economic loss, legal costs or physical restoration costs resulting from the disruption of telecommunications services arising out of the actions of a municipal government unless grossly negligent; and (e) municipal governments must receive revenues over and above their direct costs in providing access to rights-of-way as proper compensation for the use of municipal property for profit. 3. that each member of Council establish a policy by resolution or by-law, as may be necessary, whereby access to municipal rights-of-way will be denied to any telecommunications firm which does not agree in writing to the five principles as set out above; 4. that each member municipality contribute'on a per capita basis#o the "Municipal Right-o#-Way Defence Fund"as detailed in the enclosed Guidelines to be used by FCM to protect the fundamental rights of municipal govemments respecting control of municipal rights-of-way, to help municipal government recover substantial costs being imposed on them by telecommunications firms, and to help municipal governments secure new sources of revenue worth potentially tens of millions of dottars annually. (Motions adopted by the FCM Big City Mayors Caucus - May 9, 9997) FEDERATION OF CANADIAN MUNICIPALITIES POLICY STATEMENT ON TELECOMMUNICATIONS TELECOMMUNICATIONS -ACCESS TO MUNICIPAL RIGHTS-OF-WAY HISTORY AND LEGISLATIVE BACKGROUND As telecommunications networks were built in Canada, it became common practice for municipal governments to grant free right-of-way access to telecommunications companies. The new Telecommunications Act (the Act) came into force in 1993 and significantly deregulated the industry. In May 1995, the Canadian Radio-Television and Telecommunications Commission(CRTC)released a report entitled"Competition and Culture on Canada's Information Highway: Managing the Realities of Transition". In addressing the issue of competition, one of the three broad policy areas in the report,the Convergence Report stated that"there was wide support for the operating principle that 'fair' and 'substantial' competition is in the best interests of consumers". It went on tp note that"competition is generally recognized as the best means of stimulating choice . . . and economic growth". The Convergence Report made no reference to access to municipal rights-of-way nor to the impact that deregulation will have on municipalities. EFFECT OF DEREGULATION.ON MUNICIPAL GOVERNMENTS In 1994,FCM struck a national technical committee with representatives from municipalities across Canada to address the potential impact of deregulation on its members. It is clear from recent experiences of municipalities and a review of the Convergence Report and the Act that greater demand is being placed on the limited resources known as rights-of-way. Competition and convergence will mean more requests for access to these municipal rights-of-way in future. Whether due to new companies entering the fray, existing companies wanting to expand their network or from companies"crossing over,"municipal rights-of-way are quickly becoming a scarce resource. All municipal governments have to cope with rising administrative costs and increased liability associated with the presence of these infrastructures in their rights-of-way. The current general practice of providing access to rights-of-way with little consideration of municipal interests is fundamentally unfair, contravenes existing legislation and is inconsistent with the new reality of competition in the telecommunications industry. Under the Act, the right of telecommunications companies to use municipal rights-of-way is subject to municipal consent. Municipal governments may therefore set terms and conditions in return for granting access. Section 43 of the Act provides that "No Canadian carrier or distribution undertaking shall construct a transmission line on,over,under,or along a highway or other public place without the consent of the municipality or other public authority having jurisdiction over the highway or other public way." Deregulation and the rapid changes in technology affect municipal governments in two ways. First,with existing technology,telecommunication companies must use municipal rights-of- way. These rights-of-way can only contain a finite number of facilities,including muni ipally owned infrastructure, various utilities and competing telephone and cable telev(sion wires. Second, a potential source of municipal revenue has been created which should allow for cost recovery as well as additional compensation for the use of public(municipal)assets for.profit. 11 14 2 in early 1995, FCM approached both the Canadian Cable and Television Association (CCTA)and Stentor Telecom Policy Inc.(representing major telephone companies across Canada) to negotiate a model agreement for access to municipal rights-of-way. ;Stentor noted that it had serious reservations regarding FCM's proposed model agreement, but would be prepared to discuss the matter with FCM. The CCTA also expressed a willingness for dialogue but, to date, no serious negotiations have taken place. FCM's focus since 1995 has been to educate member municipalities on the issue and further develop its position in defence of municipal rights under the Act. On behalf of all Canadian municipalities, FCM intervened in a case before the CRTC in February 1997 in defence of the requirement of municipal consent for access to municipal lights-of way. In many cities, rights-of-way at many downtown intersections are already at capacity. Municipal',governments must have the ability to assign locations and control the alignments used by each utility and telecommunications company.. In addition, it will likely be necessary for municipalities to require joint use of ducts and the construction of common facilities in the future. Above ground facilities inciuding.overhead lines,cabinets,kiosks and pedestals have implications for'=the enjoyment of property by, private owners and use of rights-of-way of way by citizens. In addition, where these facilities are placed in prominent locations, their negative visual impact reduces market value, thereby--affecting municipal property tax revenue. Municipal governments must retain the right to determine the location of telecommunications facilities and to require that infrastructure be relocated bebu�grade. FCM'S POSITION In'FCM's model'agreement presented to the telecommunications industry in 1995 and to the CRTC in February 1997, FCM established and defended five principles: 1. Municipal governments must have the ability to control the number and types of aboveground telecommunications pedestals, kiosks, etc., as well as the-location of underground infrastructure. ° 2. The use of municipal rights-of-way by telecommunications companies must not impose any financial burden on municipal governments and taxpayers. 3. Municipal governments must not be responsible for the costs of relocating telecommunications infrastructure if relocation is required for urban planning or for other reasons deemed necessary by the municipal government' 4• Municipal governments must not be liable for economic loss, legal costs or physical restoration costs resulting from the disruption of telecommunications services arising out of the acdbns.of a municipal government 5. Municipal governments are entitled to receive revenues over and above direct costs associated with rights-of-way as compensation from corporations using public(municipal) property for profit, as federal and provincial governments do today. SPACE ALLOCATION AND AESTHETICS/ENVIRONMENTAL CONCERNS FCM recognizes that all users of rights-of-way should be affordedaccess on an equitable basis,providing they endorse the principles outlined above and recognize that they have no right 3 to impose additional costs and liabilities on municipal govemments and taxpayers as a result of their activities. Joint use of limited space should be encouraged. The issue of reserve capacity, whereby the first company into the right of way would be required to construct additional duct banks for joint use, is being considered. COST TO MUNICIPAL GOVERNMENTS/TAXPAYERS a) Out-of-Pocket Costs Sewer and water facilities are typically deeper than telecommunications facilities due to gravity flow and as protection against freeze-up. Municipal sewer and water facilities are far more difficult to construct than telecommunications duct banks. Municipal taxpayers are exposed to additional construction and maintenance costs for municipal infrastructure due to the presence of telecommunications duct banks in the rights-of-way. r These costs are due tom,. acquisition of sufficient rights-of-way; difficult alignments due to aitemate space occupied by duct banks; locating, hand digging and supporting ducts to avoid damaging them; precautions required to avoid employee injury; reduced pavement utility and life cycle due to utility/telecommunication cuts;and administration of rights-of-way, including plan review, approval and inspection. b) Relocation Costa FCM believes that should relocation of telecommunications equipment become necessary, such should not be done at the cost of the municipality. it is agreed that if a developer's project necessitated the relocation,then that developer should pay the cost of such relocation. If,on the other hand, the relocation is necessitated by a municipality, it should not be responsible for any of the costs, regardless of how soon after installation the relocation was necessitated. Telecommunication companies use municipal rights-of-way knowing full well that ongoing municipal infrastructure maintenance and reconstruction is normal. Yet FCM is aware of one member municipality which needed to rebuild a bridge as it was no longer suitable for its primary purposes. That municipality and its taxpayers were expected to pay the cost of relocating the private telecommunication facilities attached to the bridge. Some measure of relocation is inevitable and this must be seen by utility and telecommunications firms as part of the cost of doing business. These firms must assume the full costs associated with necessary relocations of their facilities. LIABILITY FCM believes that municipal govemments should not pay for any economic losses, legal costs. or physical restoration costs resulting from the disruption of telecommunication services arising out of the actions of a municipality. Rather,the costs of using the rights-of-way should be bonne by the user of the rights-of-way. This principle is to be employed even if municipal personnel are negligent. 1116 4 MUNICIPAL REVENUES As noted above, FCM believes that all out-of-pocket expenses incurred by a municipality in administering the use of its rights-of-way should be fully recoverable. The question of whether revenue over and above municipal out of pocket expenses should be sought is more controversial. Historically, municipal governments viewed the utility companies as franchises and as a Jesuit gave their consent without any consideration of revenue. in FCM's view, however, deregulation of the industry has forced municipal governments to reconsider the practice of granting access without compensation. FCM believes that private sector companies making profits using public rights-of-way should return some of the revenue to the municipality based on the carver's gross revenue or meters of right-of-way used. In some jurisdictions in the United States,for example, teicos pay 5 % of gross revenues for access to municipal;rights-of-way.FCM believes it is both more fair and consistent with the federal government's user pay philosophy that costs associated with the use of rights-of-way by telecommunications firms be absorbed by the users as opposed to property tax payers. MODEL ACCESS AGREEMENT A common approach can and should be taken on the issues embodied in the FCM model agreement The model agreement has been made available to all member municipal governments. It has also been the subject of preliminary discussions between individual municipalities and Stentor member companies as well as CCTA member companies. FCM understands that some telecommunications providers have already entered into agreements with host municipalities based on the FCM model agreement. FCM will continue to promote and defend municipal interests through the model agreement and in interventions or discussions with the CRTC and industry associations. Strategies FCM will: a) advise member municipalities to not sign agreements with cable and other communications companies that in any way vary with the basic principles outlined in the FCM model agreement;and b) advise member municipalities to inform FCM when approached by Stentor and CCTA member companies to sign agreements. Adopted at the 1997 FCM Annual Conference 1117 MUNICIPAL ACCESS AGREEMENT THIS AGREEMENT made this day of 1199 BETWEEN: (the "Municipality") AND: (the "Company") WHEREAS: (a) The Company operates a communications undertaking by transmitting signals and information through its facilities; (b) The Company is regulated by the Canadian Radio-Television and Telecommunications Commission to operate. in the-area designated in the Company's licence, such area including all or a portion of the land within the boundaries of the Municipality; (c) The Company wishes to install and maintain wires, fibre-optic cables, ducts, conduits, manholes and other accessories, structures and equipment (collectively, the "Equipment') in, on, under, over, along and across highways, streets, road allowances, 1118 2 lanes, !bridges, viaducts and any other ways open to public use (singularly a "Service Corridor" and collectively, the "Service Corridors") within the Municipality; and (d) The Municipality is willing to permit the use of Service Corridors where in its judgment such use will not interfere with its own service requirements and use of the streets including the consideration of the economy and safety and any rights or privileges previously conferred or hereafter conferred by the Municipality by contract or otherwise to others not parties to this Agreement to use any of the Service Corridors; NOW THEREFORE in consideration of the sum of TEN DOLLARS ($10) paid by each of the parties to the others and of the premises mutual covenants herein contained, the Municipality and the Company each agree with each other as follows: 1 The Municipality hereby agrees to permit the Company to use the Service Corridors for the purpose of installing, maintaining and removing the Equipment subject to the terms and conditions hereinafter set forth and in accordance with all federal, provincial and municipal statutes, laws and bylaws or other rules and regulations pertaining to the application and use of the Service Corridors or the Equipment. 2. The Company shall not install any of its Equipment in, on, under, over, along or across a Service Corridor or other Municipal-owned property without first obtaining the written approval of the Municipal Engineer with regard to the proposed location of the Equipment in, under, over, above and across the Service Corridor and second providing plans to the Municipal Engineer, setting out the location of the Service Corridor, copies of which are attached hereto as Schedule "A". 3. ' Prior to commencing work of any kind in, on, under, over, along or across a Service Corridor or other Municipal-owned property, including the installation,maintenance and removal of its Equipment, the Company shall obtain the prior written approval for such work from the'Municipal Engineer and the Municipal Engineer niay establish the terms and H i9 3 - •. conditions under which the work may be conducted by the Company. As a condition of such approval, the Municipality may, at its sole discretion, require that the Company submit detailed engineering plans to the Municipal Engineer with respect to the work to be conducted on a Service Corridor or on other Municipal owned property. 4. Despite Section 3, the Company may carry out routine maintenance, field testing and subscriber connections without the consent of the Municipality, but in no case shall it carry out any excavation without the Municipality's prior consent. 5. All work conducted by the Company on a Service Corridor or other Municipal- owned property, including installation, maintenance and removal of its Equipment, is subject to the following conditions: (a) all work shall be conducted and completed to the satisfaction of the Municipal Engineer, at the Municipal Engineer's sole discretion; (b) the portions of the Equipment which pass over or under existing utilities or cross.beneath streets shall be placed in a carrier pipe or be encased in concrete; (c) if the Company breaks the surface of a Service Corridor, it shall repair and restore the surface of the Service Corridor to substantially the same condition it was in before such work was undertaken by the Company and to the satisfaction of the Municipal Engineer. If the Company fails to repair and restore a Service Corridor to the satisfaction of the Municipal Engineer within twenty(20)days of being notified by the Municipality, the Municipality may effect such repairs and charge all normal Municipality costs related thereto to the Company in accordance with paragraph 11 hereof; > > ? n 4 - (d) if the Municipality requires the installation, maintenance or removal of the Equipment to be stopped for any reason, the Company shall cease all such installation, maintenance,or removal of the Equipment forthwith upon receipt of notice from the Municipality; and (e) the Company is responsible for all installation, maintenance and removal of the Equipment including the cost of such work. 6. The Company represents and warrants to and covenants and agrees with the Municipality that: (a) after completion of any work related to the installation, maintenance, repair, replacement or removal of the Equipment, the Company shall leave the Service Corridors in a sanitary, neat,tidy and safe condition and free from nuisance, all to the satisfaction of the Municipal Engineer; (b) the Company .shall not suffer or permit any lien to be filed or registered against the Service Corridors or other Municipal-owned property; (c) if this Agreement is terminated by the Municipality, all the unfulfilled covenants, indemnities and obligations of the Company hereunder shall survive such termination; and (d) the Municipality has made no representations or warranties as to the state of repair of the Service Corridors or the suitability of the Service Corridors for any business, activity or purpose whatsoever and the Company hereby agrees to take the Service Corridors on an "as is" basis. 5 - 7. The Company shall provide "as built" drawings to the Municipality within two months of completing the installation of any of the Equipment. 8. The Company shall, at no cost to the Municipality, provide locations of its Equipment within 24 hours of receiving a request by the Municipality. 9. The Company shall provide to the Municipal Engineer a list of 24 hour emergency contact personnel for the Company and shall ensure that the aforementioned list is always current. 10. Upon receipt of thirty (30) days notice from the Municipality, the Company shall, at its own expense, relocate its Equipment within a Service Corridor, or perform any other work in connection with the Service Corridor as may be required by the Municipality, provided that in cases of emergency, the Municipality may take any measures deemed necessary for public safety with respect to the Equipment that may be required in the circumstances as the Municipality shall determine, and the Company shall reimburse the Municipality for all expenses thereby incurred. 11. If the Company fails to complete the relocation of the Equipment in accordance with paragraph 10 or fails to repair the Service Corridors or do anything else required by the Company pursuant to this Agreement in a timely and expeditious manner to the satisfaction of the Municipal Engineer, the Municipality may, but is not obligated to, at its option complete such relocation or repair and the Company shall pay the cost of such relocation or repairto the Municipality forthwith plus an overhead equal to fifteen percent (15%) of such cost and in default of payment thereof, the amount of such cost with interest at the rate of two percent (2%) per annum above the prime lending rate of the Canadian Imperial Bank of Commerce-carrying on business in the Municipality shall be due and payable by the Company to the Municipality upon receipt by the Company of an invoice setting out such costs and interest. 11 � � 6 12. The Municipality is not responsible, either directly or indirectly, for any damage to the Equipment that may occur during its installation, maintenance or removal by the Company, 'nor is the Municipality liable to the Company for any losses, claims, charges, damages and expenses whatsoever suffered by the Company including claims for loss of revenue or loss of profits, on account of the actions'of the Municipality, its agents or employees, working in, under, over, along, upon and across its highways and Service Corridors or other Municipal-owned property, whether or not.such damages, losses, costs, actions, causes of action, claims, demands, builders liens, liabilities, expenses, indirect or consequential damages (including loss of profits and loss of use) are related in any way to..negligence or wilful acts or omissions on the part of the Municipality, its officers, employees or agents. 13. The Company covenants and agrees to indemnify and save harmless the Municipality, its agents, officers, elected officials,employees and assigns from and against all losses, claims, including a claim for injurious affection, charges,damages and expenses which the Municipality may-at any time or times bear, sustain or suffer,'by reason, or on account of the placement, installation, relocation, maintenance or use of the Equipment in on, under, over, along or across a Service Corridor, and the Company will, upon demand and at its own sole risk and expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third persons against the Municipality on any such claim, demand or cause of action;-and will pay and satisfy any judgment or decree which may be rendered against the Municipality in any such suit, action or other legal proceeding,and will reimburse the Municipality for any and all legal expenses incurred in connection therewith. The Company's obligation to indemnify and save harmless the Municipality shall survive the termination of this Agreement. 14. This Agreement, shall commence upon the date of execution and shall, unless renewed, terminate 5 years after the first day of the month in which the Agreement is executed. The Agreement shall automatically renew for successive 5 years period without limitation to the number of renewal periods unless either the Municipality or the 11 :23 - 7 - Company give written notice of cancellation to the other not less than six (6) months prior to the expiration of this Agreement or any renewal term upon which this Agreement shall terminate and on the day so named in such notice this Agreement and all rights and privileges thereunder shall come to an end, provided that notwithstanding such termination the Company shall continue to be liable to the Municipality for all payments due and obligations incurred thereunder prior to the date of such termination. 15. The Company covenants and agrees to pay to the City an annual licence fee of for each year or portion thereof in which this Agreement is in effect to cover the approval and administration of the Agreement. 16. The Company further this covenant and agrees to pay % of its gross revenue as a fee for using the Service Corridors. 17. Security in a form acceptable to the Municipality in an amount equal to fifty percent of the construction.*costs of the installation of the Equipment shall be deposited with the Municipality prior to any construction. The security will be released by the Municipality to the Company upon acceptance of the installation of the Equipment by the Municipal Engineer. 18. The Municipality and the Company mutually agree that should the Company fail'to carry out any of the terms, covenants and conditions herein contained or default in any of its obligations under the terms hereof or fail within thirty (30) days after receiving written notice from the Municipality to correct any such failure capable of correction, then this Agreement shall thereupon be null and void and of no affect and-the Company shall thereupon remove all its Equipment from the Service.Corridors. 19. This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. The Company shall not 1124 - 8 - assign, transfer or sublet any rights or privileges granted hereunder without the prior written consent of the Municipality. 20. No use of a Service Corridor under this Agreement shall create or vest in the Company any ownership or property rights in a Service Corridor or any other property belonging to the Municipality, and the Company shall be and remain a mere non-exclusive licensee of the Service Corridor and placement of the Equipment in a Service Corridor shall not create or vest in the Municipality any ownership on property rights to the Equipment. 21 Nothing in this Agreement shall be construed as affecting any rights or otherwise of others not a party to this Agreement to use any Service Corridor in accordance with the Municipality's legal authority. 22. The Company agrees that it shall at its own expense procure and carry or cause to be produced and carried and paid for, full Workers' Compensation Board coverage for itself and all workers, employees, servants and other engaged in or upon any work. 23.' The Company shall maintain insurance in sufficient amount and description as will protect the Company and the Municipality from claims for damages, personal injury including death,and for claims from property damage which may arise from the Company's operations in the Municipality under this Agreement, including the use or maintenance of the Equipment on or in the Service Corridors or any act or omission of the Company's agents or employees while engaged in the work of placing, maintaining, renewing or removing the Equipment and such coverage shall include all costs, charges and expenses reasonably incurred with any injury or damage. 1. 125 e 9 - 24. In addition to the foregoing the Company covenants and agrees that: (a) the limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence; (b) the Comprehensive General Liability Insurance shall extend to cover the contractual obligations of the Company as stated within this Agreement; and (c) all policies shall provide that they cannot be cancelled, lapsed or materially changed without at least thirty (30) days notice to the Municipality by registered mail; and 25. Any notice required or permitted to be given hereunder or any tender or delivery of documents maybe sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Fax Number. and to the Company at the following address: 1126 10 with a copy to: Any notice may also be given by prepaid registered mail mailed within the Province or Territory of and such notice shall be effective five (5) days following,the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. 26. This Agreement is the entire agreement between the Municipality and the Company regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Municipality and the Company. 27. This Agreement benefits and binds the Municipality and the Company and the successors of each of them. 28• If any term of this Agreement is found to be invalid, illegal, or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 29. This Agreement creates contractual rights only between the Municipality and the Company and not an interest in the Service Corridors and the Company covenants and agrees with the Municipality that the Company shall desist always from any registration of this Agreement or of any right howsoever arising under it. 30. No alleged waiver or breach of this Agreement is effective unless it is an express waiver in writing of the breach in respect of which it is asserted against the party alleged to have given the waiver. No wavier by a party of any breach of this Agreement operates as a waiver of any other breach of this Agreement. 31. In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 32. This`Agreement shall be governed by and construed and enforced in accordance with the laws of the Province or Territory of and the laws of Canada which may be applicable to a party in the Province or-Territory of IN WITNESS WHEREOF the parties hereto have executed this Agreement by their duly authorized representatives. 1127 The Corporate Seal of the Municipality ) was hereunto affixed in the presence of: ) C/S Mayor ) Municipal Clerk ) The Corporate Seal of the Company ) was hereunto affixed in the presence of: ) C/S Authorized Signatory ) Authorized Signatory ) 1128 THE CTHE 2MAMTION gr�MMCWtA&FI NEWtACIARBINGTON xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JULY 13, 1998 Res. # By-Law # Report#: ADM1N-12-9Bile #: Subject: VOLUNTEER RECOGNITION PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report No.ADMIN-12-98 be received; 2. THAT the recommendations of the original Volunteer Recognition Selection Committee be(Report CS-16-93)be implemented; 3. _:THAT Council representatives to the Selection Committee be appointed to work with the Deputy Clerk and the Marketing&Tourism Officer to plan,organize and host a Volunteer Service Recognition Awards event; and, 4. THAT the Volunteer Service Recognition Awards event be held on Thursday April 22, 1999 during the 1999 National Volunteer Week(April 19-23, 1999). 1.0 BACKGROUND: 1.1 In April 1992 Council received Report CS-14-92 (Attachment 1) which asked Council to endorse the initiation of a Volunteer Service Recognition program. As this Report states the concept of hosting a special program recognizing the contribution of volunteers to the quality of life in the(then) Town of Newcastle. The proposed event was Recommendation 42 (page 109)of the recently completed Recreation/Leisure Services Master Plan. .J2 1 2Y ' REPORT ADMIN-12-98 -2- JULY 13, 1998 1.2 Subsequent to Council receiving this Report,three Members of Council (representing the 3 wards) were appointed to join the Deputy Clerk and the Recreation Superintendent to form the Volunteer Recognition Selection Committee. The Mayor was an Ex-Officio member of the Committee. This Committee was directed to plan, organize, promote and host a special Volunteer Recognition program. 1.3 On Thursday April 23, 1993 the Municipality of Clarington hosted the first Volunteer Service Recognition Awards program at the Garnet B. Rickard Recreation Complex. More'.than 200 people and the media attended this event. Volunteers were recognized in the categories of 5, 10, 15 and 20+years of service. Report CS-16-93 (Attachment 2) summarizes the event and makes recommendations relative to future programs. 2.0 RECOMMENDATIONS: 2.1 Since the question of Volunteer Recognition has been brought forward, it is important that the recommendations of the 1993 Selection Committee be re-visited. These recommendations were presented to Council in Report CS-16-93 and were subsequently adopted. The recommendations were brought forward as part of the evaluation process of the 1993 Volunteer Service Recognition Awards program. They were: 2.1.1 Frequency of Recognition Event In order to maintain the special significance of the event and the contributions of the recipients, it was recommended that the Recognition Event be held once each term of Council(i.e. once every 3 years). It was further recommended that the Event be held in the second year of Council's term,during National Volunteer Week, so that all Members of Council would be acquainted with the purpose of the event and would have time available to commit to working with the Selection Committee; .J3 1202 REPORT ADMIN-12-98 -3- JULY 13, 1998 2.1.2 Volunteer Wall of Fame All volunteers receiving recognition for 20 years or more of service to their organization/association and this community were recommended to have their name placed on the Volunteer Wall of Fame that is located in the entrance way to Council Chambers. 2.1.3 Eligibility Criteria After careful consideration the Selection Committee recommended the establishment of specific Eligibility Criteria as a necessary requirement for individuals recommended for recognition. They are: (1) Nominees must be residents of the Municipality of Clarington; (2) Volunteer service must be of benefit to the quality of life of the CCa ington community; (3) Nominees must be currently active in the Municipality's corp of volunteers; (4) Nominating organizations may only nominate a maximum of five(5) individuals to stand for Volunteer Service Recognition; and, (5) Nominees will be recognized only once per category of service recognition. 2.2 Given the background work that has already been completed, it is staffs recommon-dation that the'recommendations of Report CS-16-93 be implemented and that the next Volunteer Service Recognition Awards program be held Thursday April 22, 1999 Further, it is recommended that Council representatives be appointed and that the Mayor be an Ex-Officio of the Selection Committee. Respectfully s bmitted, Revie b� Me r /e J Ue- 4 D.M.R,AMCT(A ocicwell, rke _o &Econ omic Development Offs _ r Chief Administrative Officer _ H:sa i ATTACHMENT NO. 1 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Res. # C,et-' , 3oy'qca )ate: APRIL 201 1992 By-Law # Report#: CS-14--9� File # Subject: TOWN OF NEWCASTLE VOLUNTEER RECOGNITION PROGRAM Recommendations: It is respectfully submitted that the General Purpose and Administration Committee recommend the following to Council: 1. THAT Report CS-14-92 be _received; 2 . THAT Council establish a selection Committee to initiate the volunteer Recognition Program; and 3 . THAT the composition of the Selection Committee be appointed as follows: - 3 Members of Council - Recreation Superintendent - Deputy Clerk - Mayor (ex-officio) 1. 0 BACKGROUND 1. 1 The new Recreation/Leisure Master Plan has investigated the current program delivery system within the Town of Newcastle. As Council is aware, the Community Services Department focuses its programming on those programs that are either unique in nature (eg. special concerts) or require specialized instruction and/or leadership (eg. Aquatics) . Club and/or Team programs (eg. hockey; competitive swimming).- are provided by the Town's team of volunteers. 1. 2 Volunteers are the cornerstone of ..success in any community/Municipality. According to, the Ministry of Tourism and Recreation (in their introduction of the Provinces' Corps „/2 I i n A REPORT CS-14-92 - 2 - APRIL 201 1991 D'Elite program) the Province and individual Municipalities "rely heavily on volunteers to develop and deliver recreation programs, design innovative projects and manage organizations that improve the quality of our lives" . In the Town of Newcastle, we can remove the specific reference to recreation and have an accurate statement that outlines the impact that volunteers have in our Municipality. This report will address and 'propose a resolve to the issue of Volunteer Recognition in the Town of Newcastle. 2 . 0 VOLUNTEERS: 2 . 1 Volunteers provide an essential link to the community. People participate in volunteer driven organizations and activities for a variety of reasons - both personal and professional. Some well-known, documented motivations include: - a sense of putting back into the community what they, or their family, received or took out at some point; - to ensure that they, or their family, continue to have the same recreational/leisure opportunities that they had; - furthering an interest, hobby or professional skill by sharing it with others; - personal satisfaction and enjoyment working with children, adult, seniors, disabled or people in general; and - the opportunity to socialize to meet and work with new people/friends (this is especially important for new community members) . 2 . 2 Once we acknowledge why people volunteer, the next step is to determine how we can keep these individuals involved and, in doing so, perhaps motivating others to volunteer their skills, experience and time to community based projects and activities. The Master Plan Study Team identified two trends impacting volunteers within this Municipality:- Volunteer "drought" which is the result of factors such as the increase in the Town's commuter population and the fact . . /3 REPORT CS-14-92 - 3 - APRIL 20, 1991 current economics have resulted in more families in which both parents work outside the home; and Volunteer "burn-out" which is the result of the increase in demands for services and programs without a reciprocal increase in the number of volunteers available to provide these. Based on this, the Study Team made the following recommendation: "The Town should develop a specific program of volunteer recognition. " (Recommendation 42 ; page 109 ; Recreation Leisure Services Master Plan) Quite simply, the care, maintenance and retention of volunteers can be accomplished through the acknowledgement and recognition of the work they perform on our behalf. 3 . 0 THE RECOGNITION PROCESS: 3 . 1 In preparing this report, other organizations and Municipalities were asked how they recognize their volunteer community (Attachment A) . Further research, into past reports to Council, has identified a Civic Recognition Policy for the Town of Newcastle that was originally written in 1986 but amended in May of 1987 (Attachment B) . This policy provided for recognition in three categories - Outstanding Achievement, Achievement and Service Awards. Each category was assigned a specific award (gold medallion, bronze medallion or wooden plaque) which were to be presented to the recipients at designated meetings of Council. The Selection Committee was to consist of not less than three (3) members of Council and the Town Clerk. This Committee was responsible for all aspects of the Recognition Program including promotion of the program, receipt/review of eligible nominations and recommendation to Council as to the Committee's selection of deserving nominees. The budget for this process was identified as the Mayors Promotion and Tributes account. Note that there is mention of a "Civic Recognition Reception" . . /4 ® 120 . . _ REPORT CS-14-92 - 4 - APRIL 201 1991 but there is no clear indication of what this activity involved. 3 . 2 There is much to be learned from the past policy of the Town of Newcastle and the information collected from outside organizations. The Town can "borrow and adapt" parts of all these programs with the goal being to develop a process that would be unique to the Municipality and its residents. Based on this concept, the Town's process could take the following into consideration: The annual process could be initiated by the Community Services Department. The Department works closely with the majority of volunteer organizations within the Municipality and, therefore, is the most appropriate to make the initial contacts and maintain the necessary mailing lists. The event and process could be promoted to the community through press releases and inclusion in the semi-annual Community Services Department Activity Guide. Four (4) recognition categories would ensure complete coverage of the Town's volunteer corp - Sports/ Recreation, Cultural/Heritage, Seniors and Civic. Specific recognition could be given for Outstanding Contribution and Years of Service (eg. 5, 10 and 20+ years of continuous service to the community) . 4 . 0 RECOMMENDATIONS: 4. 1 It is the recommendation of the Community Services Department that Council approve the concept of a Town of Newcastle Volunteer Recognition Program. It is further recommended that Council establish a Selection Committee to consist of three (3) members of Council plus the Recreation Superintendent and the Deputy Clerk. 4 . 2 Once struck, the Selection Committee should be directed to begin planning the necessary "mechanics" for the implementation of the Recognition program. The Committee, . . /5 I A . i � 0 7 . - REPORT CS-14-92 - 5 - APRIL 20, 1991 through a report to Council will be responsible to: a. Establish a detailed process outlining the overall implementation of the program (ie. from the initiation of nominations to the presentation) ; b. Establish criteria by which nominations can be reviewed and evaluated; C. Establish the format by which the presentation of recognition awards will take place; and d. Establish a budget outlining all associated costs of implementing the Volunteer Recognition program. Respectfully submitted, Recommended for presentation to the Committee, )YM12 Jos P. Caruana, Director Lawrence E. . Kotseff, Department of Community Services Chief Administrative Officer JPC:JJC: sa 1208 ATTACHMENT A KAWARTHA CONSERVATION AUTHORITY recognition is done on an informal basis and is administered, solely, by the Administrative staff - nominees are selected from the Authority's membership without opening nominations from the public - recognition is given to: Volunteer Weather-Watchers - their name and year of service is engraved on a brass plate and inserted on a wooden plaque 'on public display at the Authority's administrative office Members/Staff - receive a lapel pin recognizing their years of service to the Conservation Authority - upon retirement/resignation from active involvement, they receive a certificate of appreciation all presentations are made at the Annual General Meeting and Luncheon hosted by the Conservation Authority BOROUGH OF EAST YORK recognition is initiated and administered by the Parks and Recreation Department community organizations (no public announcement through local media) are requested to submit nominations in specific categories - Sports/Recreation, Civic, and Cultural - nominations are received until 4 weeks prior to the scheduled reception date recipients are selected by a Selection Committee comprised of past recipients from each category (voluntary participation) recognition is given for 10, 15 and 20+ years of service and for outstanding contribution in each of the categories —certificates and plaques (outstanding contribution only) are presented presentation of awards is done at an annual "wine and cheese" reception - the Borough used to host a full dinner program but the cost of organizing and operating became a major obstacle CITY OF OSHAWA has a formally structured Civic Sports Award Recognition Policy - this recognizes the international, national, provincial and regional achievements of Oshawa athletes and/or teams process is initiated and administered by the Clerks Department in consultation with the Recreation Division of the Community Services Department community-based sports bodies (who have affiliation with appropriate Provincial Sport Governing Bodies) are sent a letter and standard application form requesting nominations of deserving athletes and teams - mailing list is developed jointly between the Clerks Department and the Recreation Division 1209 2 - ATTACHMENT A (continued) public announcements are inserted in local newspapers informing the public of the program and the process required to submit nominations applications are sent out 4 weeks prior to the established submission deadline - the submission deadline is scheduled as 9 weeks prior to the Civic Sports Award Recognition Dinner applications are received until the deadline date and are then forwarded to the Selection Committee for review and selection - selection is based on nominees complying with specific eligibility criteria the Selection Committee consists of: Chairman/designate - Fire Protection & General Purpose Committee Chairman/designate - Community Services Committee Staff Member - Clerks Department Staff Member - Community Services Department - Recreation Division the City of Oshawa does not currently provide a recognition program for community volunteers 121 ��; ATTACHMENT B THE CORPORATION OF THE TOWN OF NEWCASTLE CIVIC RECOGNITION POLICY ADOPTED BY COUNCIL MAY 25 1987 INTRODUCTION Inasmuch as the Council for the Town of Newcastle wish to recognize its citizens for bringing honour to the Town through a variety of accomplishments, the following policy has been established to give continuity to the recognition process. CATEGORIES AND CRITERIA FOR RECOGNITION OUTSTANDING ACHIEVEMENT AWARD Those citizens achieving Ontario, National or International recognition, and in so doing, have brought honour to the Town. This recognition is for any and all fields of endeavour - including sports, the arts, education, science etc. Proof of the achievement may be required. from the nominating individual or group. The achievement must be a first place standing, unless otherwise recommended by the Committee. ACHIEVEMENT AWARD Those citizens achieving local, area, or provincial recognition in all fields of endeavour - including sports, the arts, education, science etc. Proof of the achievement may be required from the nominating individual or group. The achievement must be a first place standing, unless otherwise recommended by the Committee. SERVICE AWARD Those who in the opinion of Council, through honourable endeavours, have brought favourable publicity, honour and/or have added considerably to the quality of life within the community. With respect to the Service awards, the decision of Council shall be final. AWARDS OUTSTANDING ACHIEVEMENT Shall be a gold coloured medallion suitably inscribed with the category of the award, the recipients name and the year of the award. ACHIEVEMENT Shall be a bronze coloured medallion suitably inscribed with the category of the award, the recipients name and the year of the award. SERVICE AWARD Shall consist -of a mountable wooden plaque having a raised, full colour representation of the Town of Newcastle Coat of Arms a plate suitably inscribed with the category of the award, the recipients name and the year of the award. NOTE: No monetary awards shall be given. 121 1 � ATTACHMENT B (continued) PRESENTATION OF AWARDS Outstanding Achievement and Service Awards shall be presented at a Civic Reception hosted by Council, and shall be held at a suitable location in the Municipality once during each calendar year. Achievement Awards shall be presented to the recipients at a regularly scheduled evening Council meeting. ARCHIVES AND CONTROL OF AWARD MATERIAL A permanent record of the names of all recipients shall be maintained in the Clerk's Department. All materials relating to the awards shall be retained by the Clerk and released only by Resolution of Council. BUDGET The funding for the Civic Recognition program activity shall be part of the Mayor's Promotion and Tributes Account. COMMITTEE The Committee shall be a cub-committee of Council, consisting of not less than three (3) Members of Council, including the Deputy Mayor, two Members of Council and the Clerk. Support staff for the Committee shall be the Mayor's Secretary and other appropriate staff as required. COMMITTEE RESPONSIBILITIES 1. The Civic Recognition Committee Chairman shall be responsible for the calling of the first annual organizational meeting in each year. 2 . The Committee shall advertise the Civic Awards eligibility requirements well in advance of the reception date. 3 . The Committee shall determine the level of the award and the forum in which it will be presented. 4 . The Committee, together with the necessary support staff, shall be responsible for all aspects of the Civic Recognition Reception. 5. The Committee, together with the necessary support staff, shall be responsible for all aspects of the program relating to the presentation of Achievement Awards at regularly held meetings of Council. THIS POLICY WHEN ADOPTED BY COUNCIL SHALL SUPERSEDE THE PREVIOUS POLICY DATED OCTOBER 27, 1986. 1212! 4 ATTACHMENT NO. 21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON X}�I��r1�}CGbt X2f-X6E-bffOCX?P�S�tDd�ASRQ�3C REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JULY 19, 1993 Res. # Report#: C 3-1.65 93 File #: By-Law # Subject: VOLUNTEER RECOGNITION COMMITTEE - EVALUATION Recommendations: 1. THAT Report #CS-16-93 be received; 2 . THAT the Municipality's official Volunteer Service Recognition Awards Ceremony be held the second year of each term of Council during National Volunteer Week; 3 . THAT Council approve the siting of the "Volunteer Wall of Fame" plaque as outlined in Report TCS-16-93; 4. THAT the eligibility criteria outlined in Report CS-16-93 be approved; and 5.` THAT the official unveiling of the "Volunteer Wall of Fame" -be held during the Council meeting of September 27, 1993 . 1. 0 BACKGROUND 1. 1 At a meeting held on April 21, 1992, the Council of the Town of Newcastle approved the following recommendation: 'THAT Report CS-14-92 be received; THAT Council establish a Selection Committee to initiate the Volunteer Recognition Program; and, THAT the Selection Committee be appointed as follows: - 3 members of Council - Councillor M. Novak (Ward 1) Councillor J. O'Toole (Ward 2) Councillor A. Dreslinski (Ward. 3) - Recreation Superintendent - Deputy Clerk i - Mayor (Ex-Officio) . ". (GPA-334-92) . . /2 1213 j. REPORT NO. CS-16-93 - 2 - JULY 19, 1993 1. 2 The purpose of the recognition program is two-fold. First, it was to establish a process whereby the Council of the Municipality could recognize the efforts and commitment of the volunteer community. Second, once the process was established the Municipality would have a mechanism that would enable Council to submit nominations for inclusion in the appropriate Provincial recognition programs. 1. 3 On Thursday April 22, 1993 the Municipality hosted the first "Volunteer Service Recognition Awards" presentation. A total of 90 nominations were received and, since this was the first endeavour of the recognition program, all those nominated received awards acknowledging and thanking them for their contribution to the community at large. Recognition was based on length of service and awards were presented using the following formula: LENGTH OF CERTIFICATE PLAQUE VOLUNTEER WALL SERVICE OF FAME 5 YEARS YES 10 YEARS YES _ 15 YEARS YES YES 20 YEARS + YES YES YES In addition to these awards, all recipients were given a Town of Newcastle lapel pin. 1.4 On the evening of the event a total of 159 individuals signed the guest register but it is estimated that approximately 200 individuals attended the ceremonies. The evening's program included entertainment which was provided by the newly formed Town- of Newcastle Concert Band. In addition, the entire event (with the exception of the Band's performances - due to licensing regulations) was video-taped by Rogers' Cablevision and a complimentary copy of the video has been provided to the Committee. . . . /3 1214 ' REPORT NO. CS-16-93 - 3 - JULY 191 1993 2 . 0 FREQUENCY OF CEREMONIES 2 . 1 Following the success of the awards presentation the Volunteer Recognition Committee met to discuss the process and to evaluate the event relative to future operations. The Committee discussed the issue of how often the Municipality should host the recognition special event. The Committee recommends that the official Volunteer Recognition Service Awards ceremonies should be hosted once each term of Council. It is further recommended that the ceremonies be held during the second year of Council's term during the National Volunteer Week (normally the third full week in April) . 2 . 2 The rationale for these recommendations is based on maintaining the special significance of the • awards presentation. By hosting this special event each year the Committee is concerned that the whole process will adopt an ordinary perception of its purpose and meaning. The Committee also believes that - the second year of Council's term is appropriate because it ensures that all 'Council members, both newly elected and returning veterans, are acquainted with the purpose of the recognition process and have the time available to work with the Committee. 2 . 3 With the adoption of the Committee's recommendations, the next Volunteer 'Service Awards Recognition is tentatively scheduled for the Thursday of National Volunteer Week in 1996. 3 . 0 VOLUNTEER "WALL OF FAME" 3 . 1 The Committee has discussed the siting of the "Volunteer Wall of Fame" that is to recognize all those volunteers who have contributed 20 years or more of their time to local organizations and associations in this Municipality. Because of the magnitude of this contribution, the Committee recommends that the plaque, which will display the names of these individuals, be -sited in an area of distinction. The area at the base of the oak staircase (leading to Council _ . . _ /4 . 1215: REPORT NO. CS-16-93 - 4 - JULY 19, 1993 Chambers) is a high profile area that will allow for prominent public viewing. The track lighting available in this area will contribute to the prominence of this display. 3 . 2 The Visual Arts Centre currently uses this area plus the hall area between the front doors of the Municipal Administration Centre and the reception desk. Placement of the "Volunteer Wall -of Fame" plaque has been discussed with Margaret Rodgers (Executive Director) and she has indicated some concerns with accommodating the recommended siting but will work with the Committee to find the best location for the plaque in this area. 3 . 3 With Council's approval. of the siting of the plaque, the Committee recommends that an official "unveiling" be held at the September 27, 1993 meeting of Council. Individuals, whose names will appear on the plaque, will be invited to attend this meeting to view this auspicious occasion and to, again, be congratulated for tremendous contribution to the community life of this Municipality. 4 . 0 ELIGIBILITY CRITERIA 4 . 1 The Committee is of the opinion that eligibility criteria must be established to guide them in reviewing nominations and selecting individuals to be recognized. The intent is to ensure that all nominations are subjected to the same scrutiny and that recognition is conferred on an objective and equitable basis. 4 . 2 After careful consideration, the Committee recommends that Council approve the following. requirements as necessary for individuals to stand for recognition. (1) Nominees must be residents of the Municipality of Clarington; (2) Volunteer service must be of benefit to the community life (residents) within the Municipality . of Clarington; . . /5 . i • 1216 - REPORT NO. CS-16-93 - 5 - JULY 19, 1993 (3) Nominee must be currently active in the Municipality's volunteer corps; (4) Nominating organizations may only nominate a maximum of five (5) individuals to stand for Volunteer Service Recognition; and, (5) Nominees will be recognized only once per category of service recognition. 4 . 3 The Volunteer Recognition Committee proposes these criteria to be used as guidelines for future recognition processes. The goal is to ensure that all volunteers receive the recognition they deserve and that the Volunteer Service Recognition program continues to emphasize the importance of the volunteer contribution to this Municipality. Respectfully Submitted, Recommended for presentation to the Committee Joseph P. Caruana, Director Lawrence E. Kotseff, Department of Community Services Chief Administrative Officer JPC:PB:dm - _- — -- ---- -- - i UNFI,NY,Sli 0 . B`USINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Council Meeting: File# Date: June 29, 1998 Res.# Report#: Tn o Me#: By-law# Subject: B.I.A. Parking Proposals & Parking Lot Reserve Fund Activity r Recommendations: It is respectfully recommended to Council the following: 1. `THAT Report CD-31-98 be lifted from the table, 2. THAT Council approve Report CD-31-98, and 3. THAT Report TR-58-98 be received for information. Background: 1.0 At the General Purpose and Administration Committee meeting of June 22, 1998 Council tabled Report CD-31-98 (copy is attachment#1)for Treasury to prepare a report on the financial implications of the recommendations put forward by the B.I.A. in their "Proposal Up-date"(attachment#2). i 1.1 The recommendations by the B.I.A. in their update include a six month freeze on parking lot charges in two of the Municipal lots and imposing a charge of$2.00 per day on the. Northern lots. The staff proposal in CD-31-98 suggested a two month freeze on the two southern lots only which Clerk's Department has calculated as a loss in revenue from central meters and tickets of approximately$5,100 per month or$10,200 in total. The. B.I.A.proposal of$2.00/day would add an additional loss in revenue of approximately $635hnonth to bring the total estimated loss to approximately$11,500. 1.2 The total in the Parking Lot-Reserve Fund at-June.23, 1998 is approximately$425,000 net ofthe prior year commitments and the"anticipated'1998 current budget contribution i TR-58-98 Page 2 for operating costs associated with Parking Enforcement(approximately$75,000 annually). 1.3 The impact of six months of lost revenue of approximately$35,000 would result in the Reserve Fund not accumulating funds for future uses. If the pilot proposal were to extend to future years, the tax base would be impacted for any funding of operational costs associated with parking type/enforcement issues. In addition, the fund would not accumulate any further revenues for any planned acquisitions. 1.4 The B.I.A has recommended that the King Street property be acquired for parking. The Chief Administrative Officer has advised that the Municipality has also been investigating the potential acquisition of the L.C.B.O.property. The current balance in the Reserve fund of approximately$425,000 would not have sufficient funds to purchase these properties. One acquisition,with associated demolition or upgrading costs, could essentially deplete the existing fund. 1.5 It is recommended that Council consider the recommendations of Report CD-31-98. I i Respectfull submitted, Reviewed by, i r Marie Marano, H.BSc.,AMCT, W.H. Stockwell, Treasurer. Chief Administrative Officer Patti B , Ucaric MAM/pp Attach: 145 0 r� : .; i i THE CORPORATION OF THE MUNICIPALITY OF CLAR REPORT ATTACHMENT #1 i Meeting: GENERAL PURPOSE AND ADMINISTRA,TjON COMMITTEE Date: June 22, 1998 11 Res. # Report #: CD-31-98 By-law# Subject: PARKING PROPOSAL—BOWMANVILLE BUSINESS CENTRE — OUR FILE: T02.GE i .. Recommendations: r It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1- s THAT Report CD-31-98 be received; 2. - THAT parking at all meters throughout the downtown area,the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998; and 3. THAT the Bowmanville Business.Centre be advised of Council's decision. Report At a meeting held.on May 29, 1998,the Board of Management of the Rowmanville Business Improvement Area(BIA)drafted a proposal with respect to parking in the downtown area,which they presented to staff on June 9. The proposal resulted from ongoing concerns that the downtown area will be unable to compete with the new mall because of inadequate parking'for.which patrons must pay. The proposal consisted of seven recommendations,each of which is elaborated on below: Recommendation#1 That the +96s: g process move through the following a) Time on the meter-no ticket.issued b) Meter WI within the"grace"period-no ticket issued c) Time on the meter completely expired,Including"grace"period-warning ticket issued d) Time on the meter completely expired and a warning ticket has been issued_pWrig ticket issued n i i Report CD-31-98 I' -2- + June 22, 1998 i i Staff Comment ' Presently, the meters are programmed to register�hour of parking time plus a 15-minute grace period a the cost of$1,00. If the parking officer comes along during the first 2 hours of parking, no ticket is erio t If the meter is in the 15-minute grace period when the officer arrives, a "warning"ticket is issue d• ticket looks like a regular ticket, however,on its face it states that the meter was expired but a issued. was in effect at the time of issue. It suggests that the patron consider using one of the municipal lots future if he intends to be parked on street for longer than the permitted 2 hours p n the same car once again, a parking ticket is issued. Considering that it takes an average f officer hour for an t officer to complete a tour of the downtown,the minimum time frame to go through these steps is 3 hours and 15 minutes. The BIA is recommending that the warning ticket be placed on the vehicle only after the grace period has expired. Taking into account the amount of time for an officer to patrol the downtown, the very minimum amount of time to elapse before a parking ticket would be issued under this scenario is 4 hours and 15 minutes. Recommendation#2 That the off-street parking lots at Division/Church encourage parking at these locations by hoppers and thosedw wishing nr to do be free, with a 3-hour limit, to downtown. 9 extended business in the Staff Comment Between these two lots, there are 117 parking-s ts. In order u po er to determine when a vehicle's 3 hours-of free parking has expired, it will be necessary for the parking officer to chalk tires and record license plate numbers-on an ongoing basis throughout the day. It would be necessary for an officer to be assigned to these two lots exclusively in order to effectively patrol the parking. In order to get around this administrative difficulty,the BIA.suggested that-the parking be enforced on a complaint basis only in these lots. If this after a vehicle had been left in excess of 3 hours. The officer wound then chalk he tire and municipality ain additional 3 hours before a ticket could be issued.A minimum time of 6 hours would elapse before a ticket was issued to a vehicle. Recommendation#3 ! That the parking lots on the north side of Church Strtet de at a charge of$2.00 for all-da Primarily for use by employees of the stores and businesses and the municipality, y parking, r. - 77r l: I Report CD-31-98 -3 June 22, 1998 Staff Comment , Once the employees of the downtown businesses leamlthat the parking lot on the south side of Church Street is free for a 3 hour limit and that enforcement of the lot t re uire s the chalking_ q n of tires the ' g y will park there for the maximum time allowed and then go out and move their vehicles to another spot. In so doing, they will avoid paying any parking fee at all and use up spaces,which were to be available to patrons of the downtown area. Recommendation#4 That more effective and more visible signage be installed to direct visitors to the downtown to the location of the off-street parking lots. Staff Comment This can be easily'accomplished. Recommendation#5 That the municipality engage in an aggressive advertising campaign to inform the public of these new downtown parking strategies, le,new permanent signage,use of billboards,newspaper display advertising;: :; etc. Staff Comment The municipality does not have the reggired funds in this year's budget to undertake this advertising initiative. Council could refer,however, to the funds provided to the BIA from the west Bowmanville developers for the purpose of promoting the downtown. The amount of this contribution was$10,000 per year for a period of 10 years. Recommendations#6 and#7 - That Council make it a priority, in 1-998 and 1999,to locate 200 additional parking spaces in the downtown area. That Council continue to pursue the acquisition of the former Petro-Can site in the Downtown for public parking. I Staff Comment �I The Property Man i . .. : , _. P rtY a er'VNI address these two issues following receipt of otdstanding documentation. • i }Al.. � -t»}l r j t. a fair i�t* �� i�G.. t ;. ayy?'F aa.t' ;7ti ^s o , +4 - - t w{ '� .)�'u�� .3.•_v �J �y,;.c r Fa trJ �aU�a y� �d� >d•Vi�.� 1 i Report CD-31-98 -4i June 22, 1998 Staff Recommendations Staff understands the concern of the downtown businelses with respect to competing with the malls and their large supply of free parking for their patrons. Unfortunately, the recommendations put forth by the BIA would cause an administrative nightmare for the parking enforcement officers. In order to alleviate the concerns of the BIA without creating an unenforceable situation,it is staffs recommendation that parking at all meters throughout the downtown area, the Division/Church Street Lot and the Silver Street Lot be declared to be free for the months of July and August 1998. This time frame could be used as a pilot project for the BIA to determine if paid parking is a deterrent to their patrons. Should Council agree with this recommendation,the full-time parking office's duties would be reassigned (for the months of July and August)within the By-law Enforcement Division. This would allow additional manpower in that area for outstanding investigations to be completed during the peak summer months. Respectfully.submitted ._ _. �._...._.._ Reviewed by f Patti L. rrie, C.T. V'J.H.Stock ell Cle Chief Administrative Officer individuals to be advised of Council's decision: G. Gilpin Secretary-Treasurer and General Manager Bowmanvilie Business Centre P.O. Box 365 Bowmanvilie, Ontario L1C 31-1 f I r 3-0 , I III i ATTACHMENT #2 HISTORIC DOWNTOWN BOWMANVILLE BUSINESS IMPROVEMENT AREA Proposal Up-date The Board , having reviewed Staff ' s recommendations with re- gard to the seven-point proposal on parking, have revised their position as follows : a) support is given for the recommendation that parking be free on the off-street parking lots at Division and Church Streets and Silver Street , with a three-hour lim- it , with tickets issued on a complaint basis , to encour- age parking at these locations by shoppers and those wishing to do extended business in the Downtown. b) however, in order to be able to more effectively assess f the impact of this arrangement of free parking on these lots , on Municipal revenues and on the amount of abuse j which ultimately may occur , it is felt that the recom- mended trial period be extend from July 1 , 1998 , to Jan- uary 1 , 1999 for a six-month trial period, as this time interval would not only include the summer tourist sea- son, but also , the normal run up to Christmas . c) in the interest of ensuring that as much parking as possible is available in the Downtown, by means of the continued use of the parking meters , it is felt that the current practice should remain unchanged until some mutually agreed on alternative can be found. d) Yt is still the Board ' s belief that providing the opportunity to park in the lots on the -north-side of Church Street at a charge of $2.00 for all-day park- ing, to be used primarily by employees of the stores and businesses , and the municipality; has merit , and should be considered: e) the support for more effective and more visible signage to direct visitors to the Downtown to the location of the off-street parking lots and an aggressive advertis- ing campaign to make the public aware of these new park- strategies , as outlined in the recommendations, is much appreciated. f) finally, the efforts of Staff, in the pursuit of the ac- quisition of the property on King Street East , formerly the site of a Petro-Can Service Station, for parking, is greatly appreciated, and, once obtained, will do much to alleviate the parking problems in the Downtown. -r �n -: _: . i UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: JULY 13, 1998 Res. # By-Law# Report#: DDEND! .()REPORT-WD-40-98 Subject: STREET RECEPTACLES,BENCHES AND PLANTERS FOR ORONO AND NEWCASTLE BUSINESS IMPROVEMENT ASSOCIATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. 'THAT the ADDENDUM to Report WD-40-98 be received; 2. THAT Report WD-40-98 be lifted from the table; 3. THAT if the Newcastle and Orono B.I.A.s require the assistance of Clarington to purchase planters and benches, that staff be given authorization by Council to proceed with a three-year repayment term with the Orono and Newcastle B.I.A.s for the total value of approximately $10,400, with funds returned to the appropriate i reserve fund; and 3. THAT the B.I.A.s be advised of Council's decision. REPORT i 1.0 ATTACHMENTS No. 1: Report WD-40-98 No. 2: Memo dated June 25, 1998, from the Treasurer regarding interest free loan options for B.I.A.s 2.0 BACKGROUND 2.1 At a regular meeting held Monday,June 22, 1998,the General Purpose and i Administrative Committee passed Resolution#GPA-404=98 as follows: E• _ •)IIECYCIE •� .' . i REPORT NO.: ADDENDUM TO REPORT WD-40-98 PAGE 2 "THAT Council consider and make a decision at the Council meeting of June 29, 1998, on offering an interest free loan to the Orono and Newcastle B.I.A. for the purchase of benches and planters for their downtown business areas." At a regular meeting of Council held Monday, June 29, 1998, Council passed Resolution#C-577-98 as follows: "THAT Report WD-40-98 be tabled to the Special General Purpose and i Administration Committee meeting scheduled for July 13, 1998 to allow discussions between staff and the Orono and Newcastle B.I.A.s to determine their interest in purchasing benches and planters and repayment over a period of three years." i A memorandum dated June 25, 1998, from the Treasurer to Members of Council pertaining to interest free loan options for BI.A.s was circulated as a handout. At this same regular meeting, Council passed Resolution#C-578-98 as follows: "THAT the memorandum dated June 25, 1998 from the Treasurer f pertaining to interest free loan options for B.I.A.s be received for information." 3.0 REVIEW AND COMMENT 3.1 At the time of writing this report,both the Newcastle and Orono B.I.A.s. had not had their regular meeting to respond to the above-referenced Council resolutions. The next regular meeting for the Newcastle B.I.A. is scheduled on July 9, 1998 and the meeting for Orono is scheduled for July 22, 1998. 3.2 The memorandum from the Treasurer,Attachment No. 2,refers to Section 220(12) of the Municipal Act,which restricts the B.I.A. from borrowing money, but allows Council to approve debt to be incurred beyond the current year. The Municipality of Clarington would purchase the planters and benches and then the B.I.A.would provide in their annual levy an*amount4prepay their share of the 13 I' REPORT NO.: ADDENDUM TO REPORT WD-40-98 PAGE 3 cost. It has been suggested that a three-year repayment term for the value be approved. 3.3 Costs As mentioned in Report WD-40-98, the costs to purchase two (2) benches and twelve (12) planters for both the Orono and Newcastle B.I.A.s would be approximately $10,400. 3.4 Funds There are sufficient funds available in the Industrial/Economic Development Reserve Fund Account,No.5001-00004-X. Due to the size of the loan, payments from the B.I.A.s will be deposited directly back into the Industrial/Economic Development Reserve Fund. i 4.0 CONCLUSIONS i 4.1 Until the Newcastle and Orono B.I.A.s have their regular meetings, and make a i decision regarding the benches and planters, staff cannot proceed any further. 4.2 Should the Orono and Newcastle B.I.A.s decide on making use of the Municipality's assistance, it is recommended that CQuncil authorize staff to proceed with the purchase of benches and planters, and that a three-year repayment term be approved with the Orono and Newcastle B.I.A.s for the value f of the planters and benches. Respectfully submitted, Reviewed by, Stephen A.Vokes,P. Eng., W.H. Stockwell, Director of Public Works Chief Administrative Officer SAV/GA/wc 08/07/1998 attachments 1 i Tr i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTrRATION COMMITTEE File # Date: June 22, 1998 Res. # Report#:---� _ File#: By-Law# Subject: STREET RECEPTACLES, BENCHES AND PLANTERS FOR ORONO AND NEWCASTLE BUSINESS IMPROVEMENT ASSOCATIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to_Council the following: - 1. THAT Report WD-40-98 be received; and 2. THAT Council recommend against the purchasing of benches and planters for the Business Improvement Areas of Orono and Newcastle. r s REPORT 1.0 ATTACHMENTS No. 1: Correspondence of January 13, 1998 from Sandra Topper requesting street receptacles for the Orono Business Improvement Association ' No.2: Report WD-2-90 - Clarification of responsibilities for Capital Purchases and Maintenance within the Bowmanville, Newcastle and Orono Business Improvement Areas. 2.0 BACKGROUND ' 2.1 In June of 1993, the Municipality of Clarington entered into a five(5)year contract(CL,-94- 36)with Canadian Waste Services for the curbside collection of residential refuse.Included in the contract was a clause wherein the contractor was to supply up to fifty (50) waste REPORT NO.: ADOETO M TO REPORT WMO-98_ Y JfLADMN NO. 1 i REPORT - WD 40-98 PAGE 2 receptacles, but these receptacles remain the property of Canadian Waste. These new street receptacles were to replace the old concrete street receptacles currently being used in the Bowmanville, Orono and Newcastle Business Improvement Areas. 2.2 Bowmanville Street Receptacles In 1995, upon commencement of the contract, the Bowmanville Business Improvement Association requested a particular style of waste receptacle, which was substantially more expensive and only manufactured by a company of their choice. In order to resolve the impasse, staff agreed to a request that the waste contractor supply containers of the Bowmanville Business Improvement Association's choice and reduce the quantity to thirty (30). It was further resolved,with the approval of the Orono and Newcastle B.I.A.'s,that the Municipality would place some of the old surplus containers from Bowmanville in Orono and Newcastle, and that consideration would be given to new containers for Orono and Newcastle upon the renewal of contract CL-94-36. i' 2.3 Correspondence was received from Sandra Topper of the Orono Downtown Business Improvement Association, dated January 13, 1998 (Attachment No. 1). In this correspondence,the Orono Business Improvement Association indicated that they would be purchasing 10 new flower planters and installing new street benches to improve the look of the Town. They asked that the Municipality of Clarington contribute to this project by supplying and installing 12 new garbage receptacles. 2.4 Negotiations with Canadian Waste Services In order to address Sandra Topper's request, Public Works staff negotiated with Canadian Waste Services to fabricate twelve (12) street receptacles for Orono and twelve (12) for Newcastle similar to the street receptacles in Bowmanville. An additional two (2) street receptacles will be fabricated as replacements. Canadian Waste Services, through Public Works staff, provided a prototype of a street receptacle to the Orono and Newcastle Business Improvement Associations. Both Business Improvement Associations have REPORT WD-40-98 PAGE 3 agreed to accept the proposed receptacle and have been provided a colour sample so that Canadian Waste can proceed with painting of the receptacles. 2.5 Public Works have now received an additional request from Dan Banting of the Orono Business Improvement Association, supported by two councillors, to consider the purchase of new street planters and benches for the Orono and Newcastle Business Improvement Areas. 3.0 REVIEW AND COMMENT 3.1 Agreement with the Business Improvement Areas i' According to Report WD-2-90, "Clarification of Responsibilities for Capital Purchases and Maintenance within the Bowmanville,Newcastle and Orono Business Improvement Areas" (Attachment #2), the responsibility to purchase new street planters and benches would be the Business Improvement Association's. 3.2 Cost The cost to purchase two (2) benches and twelve (12) planters for both the Orono and Newcastle Business Improvement Associations would be approximately$10,400. 3.3 Clarification of Responsibilities If Council decides to purchase the benches and planters for the Orono and Newcastle Business Improvement Associations, the purchase would be contrary to existing policy. Specifically, a change in policy respecting the agreement between the Municipality and the Business Improvement Areas would be required. 4.0 RECOMMENDATIONS 4.1 It is recommended that the responsibilities of the Business Improvement Areas of Bowmanville,Newcastle and Orono,as outlined in Report WD-2-90,remain unchanged. REPORT WD-40-98 PAGE 4 4.2 Further, it is recommended that the Orono and Newcastle Business Improvement Associations, not the Municipality of Clarington, be responsible for the purchase of new planters and benches for Orono and Newcastle. Respectfully submitted, Reviewed by Stephen A. Vokes,P. Eng., W.H. Stockwell, Director of'Public Works Chief Administrative Officer SAV* GA*ce 16/06/1998 �I I 1 i ` The Natural Nut Health Shop ti ORONO DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION c/o Sandra Topper, Director 5925 Main Street Orono, Ontario LOB IMO January 13, 1998 Steve Vokes and Don Patterson Public Works Dept. 40 Temperence St. Bowmanville, Ontario L1C 316 Dear Mr. Patterson; ,This Spring Orono will be celebrating their Town Hall's 100th anniversary. At the present time our community is not expanding in population or development. We are planning a number of community events this year and hope to continue these events in the years to come, The only way for businesses and merchants to survive is to encourage community events and hope that the community will continue and perhaps patronize our businesses more. We have decided to purchase 10 new flower planters to improve the look of our town. As well, we will be installing two street benches. A place for shoppers and visitors to rest, a must for the seniors who walk into Town each day. A couple of years ago we lost out on a deal for new garbage receptacles in Orono. We are asking kindly for the Town of Clarington to contribute to this project by purchasing and 'installing'12 new garbage receptacles along the downtown in the early spring of 1998. We also require that the service of the waste removal be kept as a part of your contract with- I believe Laidlaw? Below is the manufacturer's name, address and contact person and a break down of the purchase price. I will give a photocopied picture of the items in question to John Mutton when I see hinn on January 14 at our Orono DBIA meeting. Contact: Ms. Zabetda Farnum Toronto Fabricating& MFG Co. 101 Rangeview Rd. Mississauga Ontario, Canada L5E 1H2 ATTACEMIENT NO.: "I REPORT NO.: WD40-98 i . The Natural Nut Health Shop i page. I of 2 Orono DBIA to purchase Planter (#1003 no x's) 10 @ $395.00 = $3,950.00 Bench (#716) 2 @ $495.00 = 990.00 $4,940.00 not including possible delivery charges 345.80 gst 395.20 pst $5,681.00 Town of Clarington to purchase Trash Containers (#970) 12 @ $500.00 = $6,000.00 (dia: 30" x 20") 420.00 gst 480.00 pst j no including possible delivery charges $6,900.00 We have decided upon the colour of forest green and will forward a colour swatch to the manufacturer once we have the approval from the Town. i I look forward to hearing from you on this matter as soon as possible. i Sent N7ia Computer Fax Transmission I Sandra Topper Director, Orono DBIA cc: Dan Banting President, Orono DBIA John Mutton, Faxed Copy Regional Councilor Zabetda Farnum Toronto Fabricating Co. i i 1° Yl TOWN OF NEWCASTLE M REPORT Cti File Res. # By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MONDAY, JANUARY 22, 19 9 0 REPORT #: WD-2-90 FILE #: StRECT: SUBJECT: BOWMANVILLE BUSINESS IMPROVMENT AREA - CLARIFICATION OF RESPONSIBILITIES FOR CAPITAL PURCHASES AND MAINTENANCE WITHIN THE BOWMANVILLE BUSINESS IMPROVEMENT AREA I RECOMMENDATIONS. It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: -` THAT Report WD-2-90 be received; 2 . THAT the responsibilities and levels of service listed on Attachment No.2 to this report be approved; 3. THAT the same responsibilities and levels of service listed on { Attachment No.2 apply to the Newcastle Business Improvement Area and the Orono Business Improvment Area, where applicable; and 4. THAT a copy of this report be forwarded to the Bowmanville, Newcastle_ and .proq B.I;A..s amci. .tha •:. hey. ,be.-advised. a •..Conc l.'s decision. -------------------------------------------------------------------------- REPORT = 1.0 ATTACHMENTS No.l: Plan Showing the Bowmanville Business Improvement Area No.2: Table 1 Showing the recommended Sharing bf Responsibilities for the Bowmanville Business Improvment Area. ATTACHMENT NO.: 2 REPORT NO.: VM 40-98- REPORT NO. : WD-2-90 PAGE 2 2 . 0 BACKGROUND 2 . 1 At a regular meeting held on Monday, October 23, 1989 , the General Purpose and Administration Committee passed Resolution #GPA-749-89, as follows : "THAT Walter Evans be assigned the task of acting as Liaison Officer to the Business Improvement Areas. " 2 .2 By-law No. 77-33, dated May 16, 1977 was passed by Council to designate an area in the h Bowmanville Central Business District as an Improvement Area and to establish a Board of Management for the Bowmanville Central Business Improvement Area. By-law 77-33 was amended by By-law 80-54 i dated May 5, 1980. The geographical area of the Bowmanville Business Improvement Area established by these two by-laws is illustrated on Attachment No. l. I i 2.3 The mandate of the Board of Management of the Bowmanville Business Improvement Area is set out in Clause 3 of By-law 77-33: i "There is entrusted to the Board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of lands, buildings and structures in the area owned by the Corporation of the Town of Newcastle beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, and the promotion of the area as a 'bi1sih6s9.-or .shopping areA: . _ 2.4 Clause 3 does not clearly define the responsibilities of the Town and of the Board of Management of the Bowmanville Business Improvement Area. For this reason The Board of Management has asked me for clarification. . . .3 131 U ZZ i . I REPORT NO. : WD-2-90 PAGE 3 3 . 0 REVIEW AND COMMENT 3 . 1 Cost Sharing Agreement In 1982 the Board of Management of the Bowmanville Business Improvement Area (Bowmanville BIA) entered into a cost sharing agreement with the Town to do the following in the Bowmanville BIA: a) Purchase and develop the parking lot at the south-west corner of the Division Street/Church Street intersection. b) Lease and develop the Silver Street parking lot. c) Provide trees, benches, refuse containers, planting boxes and decorative lighting. ! 3.2 Cost of the Program �:. The cost of the program was $330,000, which was financed by a loan of $150,000 from the Province which the BIA is paying back at $16,500 per year. The balance of the cost was paid by the Town and the funds were obtained from the Parking Lot Reserve Fund. i I 3.3 BIA Budget Each year the BIA prepares a budget to provide funds to carry out various programs in the Business Improvement Area. The Bowmanville B.I.A 1989 Budget was as follows: Administration $ 8,000 Promotion 25,000 Loan 16;500 Landscaping 10,500 Capital Works 20,000 TOTAL $80,000 i_ The funding for the BIA Budget is obtained from a special tax levy on the businesses within the- BIA. : . . .4 i REPORT NO. : WD-2-90 PAGE 4 3 .4 Proposed Cost Sharing As noted earlier in this report, Clause 3 of By-law 77-33 outlines the mandate of the Bowmanville BIA and reads in part "beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large" . The purpose of this report is to list all of the activities which take place in the Bowmanville BIA for which either the BIA and/or the Town are involved and agree on the responsibility for the activity. In addition, this report sets levels of service to be provided for each of the activities so that we all know what to expect. f 3.5 Criteria to be Used to Evaluate and Determine Responsibility i a) The BIA should be responsible only for those items which are nc � normally provided at the expense of the municipality at large. I b) For those maintenance items which are in the gray area where it is not easy to determine responsibility, the responsibility should be given to the Town. The logic for this criterion is i that, as much as is possible, the BIA should not be required to hire and supervise staff to carry out maintenance activities on the streetscape. - c-) 'In •ordd r• to minimize 6onfl :cts.;` as'`mi�ch''as is :possible'; ''both capital and maintenance items should be totally the responsibility of either the BIA or the Town. 3.6 Determination of Responsibilities The various activities that are carried out in the BIA are listed on Attachment No. 2 . For the purpose of having a complete list. and to se* levels of service, the list includes items such as street sweeping an- snow removal which are obviously a Town responsibility. 32f REPORT NO. : WD-2-90 PAGE 5 4 .0 Review of Report With the Board of Management of the BIA This report has been reviewed with the Board of Management of the Bowmanville BIA and they agree with the recommendations . 5 . 0 RECOMMENDATIONS 5 . 1 It is recommended that the responsibilities and the levels of service listed on. Attachment No.2 to this report be approved and that the list apply to the Newcastle Business Improvement Area, Orono Business Improvement Area, where applicable, that a copy of this report be i i forwarded to the Bowmanville, Newcastle and Orono B. I.A.s and that they be advised of Council's decision. Respectfully submitted, Recommended for presentation to the Committee, -----------------------.- r- ---- ----------- Walter A. Evans, P. Eng , awrenc Kotseff, Director of Public Works. Chief 'nistrative Officer. WAE*llv January 8, 1990 Attachments c mss i �- r3 yTA . i I • REPORT NO. : WD-2-90 PAGE 6 cc : Bowmanville Business Centre c/o Mr. George Webster P .O. Box 365 Bowmanville, Ontario L1C 3L1 Newcastle Central Business Improvement Area c/o Dr. J. Baarbe P.O. Box 548 Newcastle, Ontario LOA 1H0 Orono Downtown Improvement Association c/o Mrs. Sue Sawyer P.O. Box 212 Orono, Ontario LOB 1M0 I a I i I I I i i CHURCH ST. m < rn 0 rn Ln KING ST. QUEEN ST. rn rri z m BO WM L E BUSINESS IMPROVEMEN r ATTACHMENT NO ,l AREA TABLE 1 TOWN RESPONSIBILITIES A) CAPITAL ITEMS LEVEL OF SERVICE REMARKS 1) Purchase and development of Need for new parking lots to be Funding to be provided new parking lots determined by the Town and the from Parking Lot Reserve Bowmanville Business Improvement Area Fund. B) MAINTENANCE ITEMS LEVEL OF SERVICE REMARKS 1. Trimming of tre�S Once per year Resolution #GPA-750-89 passed . ' by Council on October 30, 1989 gave this responsibility to the Town. 'V 2. Painting of tree guards As required . 3. Benches As required r� 4. Refuse containers and boxes Refuse containers to be emptied The Town pays these costs once per week and more often if now. required. 5. Power costs for.,decorative Not applicable. These power costs are now and lighting and for christmas have been paid by the Town. lighting 6. Decorative lighting As required These costs are now and have been paid by the Town 7. Pick-up of litter At least once per week, all year In 1989, the Tpwn provided litter pick-up during the summer months. 8. Parking Lots Plowing and sanding as required. Plowing and sanding is Litter pick-up at least once per now and has been paid by week, all year. the Town. f 3, TTACd 1-:iff �! ? f !-2-DO . . .2• TABLE 1 TOWN RESPONSIBILITIES B) MAINTENANCE ITEMS (Continued) LEVEL OF SERVICE REMARKS 9. Snow Plowing and Sanding Maintain a bare road through the application of sand, salt and plowing. 10. Snow Removal Within 3 days after the end of a snow storm, any significant accummulation will be hauled away. J • 4 { 4,g i i . . .3 TABLE 1 BOWMANVILLE IMPROVEMENT AREA RESPONSIBILITIES A) CAPITAL ITEMS LEVELS OF SERVICE 1. Purchase of flowers, shrubs, As required benches, flags and banners (including installation) and christmas lighting 2. Replacement of trees, tree As required guards and benches 3. New trees and guards at new As required locations 4. Purchase of new refuse As required containers and planting boxes -N V { } T B) MAINTENANCE ITEMS LEVEL OF SERVICE 1. Flowers, plants and shrubs As determined by the Bowmanville flags, banners and christmas Improvement Association ~�- lighting w 1 2. Sidewalks REMARKS These items are not normally provided by at the expense of the community at large. When trees, benches, etc. are damaged by a vehicle, the Town will attempt to obtain payment for the damage from the operator of the vehicle. REMARKS These items are not normally provided at the expense of the community at large. Plowing, sanding and/or salting is the responsibility of the individual property owner THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum Mayor D. Hamre Members of Council To: Marie A. Marano,Treasurer From: June 25, 1998 Date: Interest Free Loan Options for B.I.A.'s Subje qhe following memo could be received by Council at the meeting of June 29, 1998, as an information item,when considering report WD-40-98. At the General Purpose and Administration Committee meeting of June 22, 1998, committee amended item#3 of report WD-40-98 such that a decision would not be made on the funding of the benches and planters for the Orono and Newcastle B.I.A.'s until information regarding interest free loans could be circulated by memo. I have spoken with the Ministry of Municipal Affairs(Janet Andrews/Mirko Lackoseljac) and they advise of the following: Section 220 (12) [copy attached]restricts the B.I.A.from borrowing money, but it allows Council to approve debt to be incurred beyond the current year. The Ministry advises that it is a fairly common practice for Municipalities to approve a B.I.A. Project which is then performed by the Municipality in order to avoid the B.I.A. borrowing money. I The B.I.A.then provides in their annual levy, an appropriate amount to repay the value of the Project over an agreed upon term. In consideration of the above,if Council deems it appropriate to approve the project identified in report WD-40-98,the Municipality would purchase the planters and benches. Funds could be provided from the Industrial&Economic Development Reserve Fund, account#5001-4-X (current balance approximately$130,000). Council may wish to approve a three year repayment term for the value of the items,with funds returned to the Reserve Fund. Each project proposed or requested would require Council approval and an appropriate funding recommendation. If there are further questions on the above, please advise. h k yo0 Cc: Department Heads. Kristine Senior, Acting Deputy Treasurer REPORT NO.; ADDMM TQ_RE1W W)40-98 1 ATTAiCENNT NO.-2—-�--- =: - - r1: KI MUNICIPAL ACT VAItT XVII-POWF.ItS TO PASS IJY-LAWS rovided at the expense - - S. 220 jsuress or shopping (7)'term of Office—Each —�- PP g area. Etch member shall hold office from the time of appointment unlit the expiration of the term of the council that made the appointment, if the an improvement area, continuer to be qualified,as provided in subsection(6). member .exit by prepaid mail to (8) Vacaucy—Where a vacancy occurs from any cause person qualified as set out in subsection(6)to be a member,who shall hold office for the with respect to rateable remainder of the term for which his or her rede Po Z.S.O. 1980,C.302,s, p cessor was appointed.(9) Edem.—The memeno hall hold office until their successors are appointed and ( tinder subsection 2)has are eligible for reappointment on the expiration of their term of office. '6cd business propel (10)Estimates.—A board of management 8 shall submit to the council the current year at the time and in the form prescribed estimates for bed by eamrtil and may make requisi- ho,under the tenant's bons upon the council for all money required to Carly-?Dcrty;and ing herein divests the council of its authority out m powers and duties,but noth- in clause(a� Whole or in par?or providing the money for the reference to rejecting such estimates in it is required to pay when money is So provided b Poses°f board of management and board of management, a y the council the treasurer shall,upon the certifirete of the Pay out such money to the board of management. is*he by-law referred to (11)Expenditure of money.—The months after the lat- not included in the estimates approve board of management sh d b all not spend any money -�-petition objecting to under section 163. Y the council or in a reserve fund established �(Iorr`Owing Prohibited, restrictions on in A t the Persons who are of ment shall not borrow move indebtedness.—T},e board ; UI the may not incur any indebtedness extending beyond�� approval of the council,it �j�'cuTCW 31r for at least one-third 217(19); 1993,c.27,Sch. Yom•R.S.0.1980,c.307 =scribed business prop. s. y as defined in sub_ (13)Procedures,--Section 147 of this Act and t! ined in Subsectfd Board Act apply to the giving of an approval of deb °II of the Ontario Afunicipai lion(12)as thou g g redness by a council under subsec- not responsible for the though the giving of the approval were the' znant's lease the municipality.F.S.O. 1980,a 302,s.217(19); maramg of the indebtedness by 1993,c.27,Sch;1996,c.32,s 51. �, .hall not come into (14)Annual report.—On or before the 1st da of - �aniciPallryreceives, management shall submit its annual re Y March m each year,a board of _ complete audited and certified financial statement of its Y to council,including a ;==ed to in subsection enue and expenditure statement. �L',with balance sheet anal rev- 217(19);who is entitled � 217(19); 1993,c. (15)Auditor.—The municipal auditor shall man- agement and all books,documents, _ be the auditorofeach such board of agement shall,at all times be oen t his or her ins ales and accounts of a board of man_ cY of the petition p urination shall be (16) Dissolution of board, inspection. Upon the repeal 3d conclusive.R.S.O• management,the board ceases to exist and its �Of a bY-�establishing a bid of assumed by the municipality.R.S.O. 1980,co 30 �'��and liabilities shin� aze under subsection : 2,S.217(19k 1993,C.27,Sch. (17)Special charge, Subject to such maximum and minimum charges as the coun- s t,pointed by coup-; cil may specify by by-law,the council shall in each member of the eoun-�' pro ert}`in the area that is in a prescribed bustnu levy a special charge upon rate- able p 5 ', No are entitled to:" %ide a sum equal to the sum of money provided for the PfoI�Y class sufficient to pro- d ry such persons• went for that area,together with interest on the p°r�°f the board of mEe_ 1• interest payable by the municipality on the,whole o at such rate as is required to repay anv 302,S.217(19); 1993,c.27,Sch; 997,c.5,S.Sl(5). Y pan of such sum.R.S.O. 1950,c. 3i e. 181 1328` ... T; f � x,31 t. .ji